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HomeMy WebLinkAboutCity Council - 2012-50 RESOLUTION NO. 2012-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AT THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION A MEASURE RELATED TO THE CITY'S TAXES, ASSESSMENTS AND PROPERTY RELATED FEES AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELL) ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, pursuant to the Huntington Beach Charter and Municipal Code, the City currently levies taxes, assessments and property related fees on all of its residents to fund essential City services; and The City Council desires to gain voter confirmation of the equal application of all existing Huntington Beach taxes, assessments and property related fees to all residents, property owners and businesses in Huntington Beach regardless of where located; and Adoption of proposed Ordinance No. 3953, attached hereto and incorporated herein by reference as Exhibit"A" (the"Ordinance")would provide that confirmation; and By its Resolution No. 2012-21, the City Council called a general municipal election for November 6, 2012 (the"Election"); and Pursuant to Government Code Section 57330 and Election Code Section 9222, the City Council desires to submit the Ordinance to the qualified electors of the City at the Election. In addition, it is desirable that the General Municipal election be consolidated with the Statewide General election to be held on November 6, 2012, and that within the City of Huntington Beach the precincts, polling places and election officers of the two elections be the same, and that the County election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council finds and determines that each of the recitals and findings set forth above are true and correct. SECTION 2. The City Council proposes the Ordinance to confirm that all taxes, assessments and property related fees as set forth in the Ordinance apply to all residents, property owners and businesses in the City. The proposed type, methodology, rate and method of collection of the taxes, assessments and property related fees are as set forth in the Ordinance. As set forth in Section 3 of this Resolution, the Ordinance will be presented to the voters on November 6, 2012 at the Election. 12-3404/8018 1 Resolution No. 2012-50 SECTION 3. That pursuant to the requirements of Section 10403 and 9222 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 6, 2012, for the purpose of voter approval of the Ordinance, which is to appear on the ballot as follows: Without increasing taxes or rates, shall Ordinance No. 3953 ,which provides YES that the City's existing taxes, assessments and property related fees apply to Sunset Beach,recently annexed to the City, so those measures apply equally to all residents, property owners,transients,business owners and visitors in the City to fund City services such as police, fire, street repair,parks and libraries, NO provided that existing exemptions for low-income seniors and disabled residents continue,be approved? This question requires the approval of a majority of those casting votes. SECTION 4. The Measure to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated herein by this reference. SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within fourteen (14) days of the adoption of this Resolution. SECTION 8. That with respect to the above entitled measure: a. That the City Council authorizes Devi n Dwyer (Councilmember in Favor/A-gaiftst) Keith Bohr (Councilmember in Favor/Arg itYA) Joe Carchi o (Councilmember in Favor/Agt) (Councilmember in Favor/Against) (Councilmember in Favor/Against) 12-3404/81718.DOCX 2 Resolution No. 2012-50 members of that body, to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 9. That the County of Orange election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 10. That the Board of Supervisors is requested to issue instructions to the County of Orange election department to take any and all steps necessary for the holding of the consolidated election. SECTION 11. That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 12. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board-of Supervisors and.the County election department of the County,of Orange. SECTION 13. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 16tday of July, 2012. Mayor REVI AND APPROVED: t P ROVED FORM: Ci a ager Attorney 10, -7 ID (� 12-3404/81718 3 EXHIBIT "A" TO RESOLUTION NO. 2012-50 ORDINANCE NO. 3 9 5 3 (UNCODIFIED) AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH CONFIRMING THE IMPOSITION OF TAXES,ASSESSMENTS AND PROPERTY RELATED FEES ON ALL OF ITS RESIDENTS, BUSINESS OWNERS,TRANSIENTS,AND PROPERTY OWNERS OF THE CITY OF HUNTINGTON BEACH The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1. Confirmation of Existing Taxes Assessments and Property Related Fees. The purpose of this ordinance is to confirm the application to all property owners, business owners, residents, and transients of the recently annexed area known as Sunset Beach of the existing City of Huntington Beach taxes, assessments and property related fees including but not limited to all Charter Property Taxes; Utility User Taxes; Transient Occupancy Tax;Business License Tax;Refuse Collection, Water, Sewer, Oil and Storm Drain Fees; in addition to any other tax or assessment or property related fee not mentioned herein but now existing pursuant to applicable law. The applicability,type, methodology, rate and method of collection of the taxes, assessments and property related fees are as set forth in the respective Charter or Ordinance,provisions governing each tax, assessment or property related fee.. SECTION 2. Severahility. Should any provision of this Ordinance,or its application to any person or circumstance,be determined by a court of competent jurisdiction to be unlawful,unenforceable or otherwise void,that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end,the provisions hereof are severable. SECTION 3. This ordinance shall become effective 10 days after its adoption by the people of the city pursuant to Elections Code § 9217. SECTION 4. The Mayor and City Clerk of the City are hereby authorized to execute this ordinance where indicated below to confirm its adoption by the People and its effectiveness. We hereby certify that the foregoing ordinance was PASSED AND ADOPTED by the People of the City of Huntington Beach at a special municipal election called for that purpose and held on the 6th day of November 2012. ATTEST: City Clerk Mayor REVIEVanager VED: 7�VE�=QRM: i City At&ey 12-3404/81661 Ord. No. 3953 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF HUNTINGTON BEACH ) 1; JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing Ordinance 3953 was presented to the City Council on July 16, 2012 at a regular meeting of the City Council, and was read by title by the City Clerk. The Ordinance was introduced 6-0-1 (Carchio absent). Thereafter, it was presented to the electorate of the City of Huntington Beach as Measure AA at the General Municipal Election held on Tuesday,November 6, 2012 and was passed by a vote of 65,307 Yes, and 12,395 No. The election results were brought before the City Council for certification and ratification on Monday, December 3, 2012 at a regular meeting, and was passed and adopted by the affirmative vote of all the-members of said City Council. AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on December 20,2012.. In accordance with the City Charter of said City Joan L. Flynn, City Clerk Cil Clerk and ex-officio 6ferk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California Res. No. 2012-50 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on July 16, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Bohr, Boardman NOES: None ABSENT: Carchio ABSTAIN: None CityU.1erk and ex-officio dArk of the City Council of the City of Huntington Beach, California