HomeMy WebLinkAboutCity Council - 2014-53 RESOLUTION NO. 2014-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION OF
CERTAIN OFFICERS AND SUBMISSION OF PROPOSED CHARTER
AMENDMENTS
WHEREAS, under the provisions of the Huntington Beach City Charter, a General
Municipal Election shall be held on Tuesday, November 4, 2014, for the election of Municipal
Officers,
WHEREAS, pursuant to authority provided by Article XI of the Constitution, and Title 4,
Division.2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3
(commencing at § 9255) of the Elections Code of the State of California, the City Council of the
City of Huntington Beach desires to submit to the voters a proposed charter amendment relating
to the permitted sale,possession and use/discharge of safe and sane fireworks; and
WHEREAS, pursuant to authority provided by Article XI of the Constitution, and Title 4,
Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3
(commencing at § 9255) of the Elections Code of the State of California, the City Council of the
City of Huntington Beach desires to submit to the voters a proposed charter amendment which
provides an exemption for regulation of real property in mobile/manufactured home parks,
retroactive to July 21, 2014.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the Huntington Beach City Charter,
Article XI of the Constitution, and Title 4, Division 2, Chapter 3 of the Government Code and
Division 9, Chapter 3, Article 3 (commencing at § 9255) of the Elections Code of the State of
California, there is called and ordered to be held in the City of Huntington Beach, California, on
Tuesday,November 4, 2014, a General Municipal Election for the purpose of electing four(4)
Members of the City Council for the full term of four(4) years; and a(1) City Attorney for the
full term of four (4) years and submitting proposed charter amendments which are to appear on
the ballot as follows:
Shall the proposed Amendment to Article VIII of the
Charter of the City of Huntington Beach adding YES
section 805 to permit the sale, possession, display, use
and discharge of safe and sane fireworks, subject to
regulation by City Council as set forth in the proposed
measure be approved?
NO
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Resolution No. 2014-53
Shall the proposed Amendment to Article VIII section
803 of the City Charter be adopted which provides an
exemption for regulation of real property in ves
mobile/manufactured home parks, retroactive to July
21, 2014?
NO
SECTION 2. That the text of the charter(amendments) submitted to the voters are as
follows: It shall be lawful to possess, sell, display, use or discharge within the City, those
fireworks that are defined and classified as Safe and Sane Fireworks (a.k.a. "state-approved
fireworks") in the California State Fireworks Law (Sections 12500 et seq. of the Health and
Safety Code and the relevant sections of Title 19, s, Subchapter 6) as further regulated by City
Council, as fully set forth in Exhibit A, attached hereto; and an amendment of City Charter
Article VIII to amend Section 803 to provide an exemption for regulation of real property in
mobile/manufactured home parks, retroactive to July 21, 2014, as fully set forth in Exhibit B,
attached hereto.
SECTION 3. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 4. That the City Clerk is authorized, instructed and directed to coordinate
with the Orange County Registrar of Voters to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in
order to properly and lawfully conduct the election.
SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, pursuant to Election Code § 10242, except as
provided in § 14401 of the Elections Code of the State of California.
SECTION 6. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 7. That notice of the time and place of holding the election is 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 8. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
SECTION 9. That in the event of a tie vote (if any two or more persons receive an equal
and the highest number of votes for an office) as certified by the Election_Office, The City
Council, in accordance with Elections Code §15651(a), shall set a date and time and place and
summon the candidates who have received the tie votes to appear and will determine the tie by
lot.
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Resolution No. 2014-53
SECTION 10. The City Council authorizes the City Clerk to administer said election and
all reasonable and actual election expenses shall be paid by the City upon presentation of a
properly submitted bill.
PASSED AND ADOPTED BY THE City Council of the City of Huntington Beach at a
special meeting thereof held on the 28th day of July , 2014.
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Ma or
REVI ND APPROVED: INITIATED AND APPRO ED:
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APPR VED AS TO FORM:
Tity Atto ey
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Resolution No.2614-53
EXHIBIT A
****ADDITION IN BOLD
ARTICLE VIII MISCELLANEOUS
Section 800.. TRANSITION.
Elective officers and elective officers whose offices are made appointive of the City shall
continue to hold such offices until the-comp letion of their current terms and the election or appointment
and qualification of their respective successors under this Charter.All boards, commissions and
committees presently in existence.shall continue to act in accordance with their original grant of authority
until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one
year, whichever occurs first.All lawful ordinances, resolutions,rules and regulations, and portions
thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are
hereby continued in force until the same shall have been duly repealed, amended, changed or superseded
by proper authority.
Section 801.DEF=IONS.
Unless the provisions or the context otherwise requires, as used in this Charter:.
(a) "Shall"is mandatory, and"may" is permissive.
(b) "City"is the City of Huntington Beach and"department," "board,""commission,"
"agency," "officer," or"employee"is a department,board, commission, agency, officer or employee,as
the case may be, of the City of Huntington Beach. .
(c) "County" is the County of Orange.
(d) "State" is the State of California.
(e) The masculine includes the feminine and the feminine includes the masculine.
(f) The singular includes the plural and the plural the singular.
(g) "Person"includes firm and corporation.
Section 802.VIOLATIONS.
The violation of any provision of this Charter shall be a misdemeanor.
Section 803.PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by
the owner of real property.Any such measure is hereby repealed.
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Resolution No. 2014-53
(b) The word"mandates"as used in subsection(a)includes any measure taken by ordinance,
resolution,administrative regulation or other action of the City to establish, continue, implement or
enforce any control or system of controls on the price or other terms on which real property in the City
may be offered, sold, leased,rented,exchanged or otherwise transferred by its owner. The words"real
property" as used in subsection(a)refer to any parcel of land or site, either improved or unimproved, on
which a'dwelling unit or residential accommodation is or may be situated for use as a home, residence or
sleeping place.
(e) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code
violations,excluding those caused by disasters, for which a civil or criminal citation has
been issued by the City and remains unabated for six months or longer;
(2) any real property owned by a public entity, and real property where the owner
has agreed by contract with the public entity, including the City and any of its related
agencies,to accept a financial contribution or other tangible benefit including without
limitation, assistance under the Community Redevelopment Law;
(3) any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of its related
agencies may acquire by eminent domain,purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real
property,.whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel,motel or other facility when
the transient occupancy of that dwelling unit or accommodation is subject to a transient
occupancy tax; or
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law.
Section 804, CHARTER REVIEW.
The City Council shall determine if there is a need to convene a citizen's Charter Review
Commission to conduct a review of the City Charter no less frequently than every ten years.
Section 805. 'SAFE AND SANE FEUWORKS
It shall be lawful to possess,sell,display,use or discharge within the City,those fireworks
that are defined and classified as Safe and Sane Fireworks (a.k.a. "state-approved fireworks")in
the California State Fireworks Law(Sections 12500 et seq. of the Health and Safety Code and the
relevant sections of Code of Regulations Title 19, Subchapter 6)subject to regulation by City
Council.
Resolution No. 2014-53
EXHIBIT B
ADDITIONS IN BOLD
Section 803. PROPERTY RIGHTS PROTECTION MEASURE.
(a) The City shall not enact or enforce any measure which mandates the price or other
consideration payable to the owner in connection with the sale, lease, rent, exchange or other
transfer by the owner of real property. Any such measure is hereby repealed.
(b) The word"mandates" as used in subsection(a) includes any measure taken by
ordinance, resolution, administrative regulation or other action of the City to establish, continue,
implement or enforce any control or system of controls on the price or other terms on which real
property in the City may be offered, sold, leased, rented, exchanged or otherwise transferred by
its owner. The words "real property" as used in subsection(a) refer to any parcel of land or site,
either improved or unimproved, on which a dwelling unit or residential accommodation is or
may be situated for use as a home, residence or sleeping place.
(c) This Section 803 shall not apply to:
(1) any real property which contains serious health, safety, fire or building code
violations,excluding those caused by disasters,for which a civil or criminal citation has
been issued by the City and remains unabated for six months or longer;
(2) any real property owned by a public entity, and real property where the owner
has agreed by contract with the public entity, including the City and any of its related
agencies,to accept a financial contribution or other tangible benefit including without
limitation, assistance under the Community Redevelopment Law;
(3) any planning or zoning power of the City as relates to the use, occupancy or
improvement of real property and to any real property which the City or any of its related
agencies may acquire by eminent domain, purchase, grant or donation;
(4) any power of the City to require a business license for the sale or rental of real
property,whether for regulation or general revenue purposes;
(5) any dwelling unit or accommodation in any hotel,motel or other facility when
the transient occupancy of that dwelling unit or accommodation is subject to a transient
occupancy tax;
(6) to impair the obligation of any contract entered into prior to the enactment of this
Section 803 or otherwise required by State law; or
(7) real property which is located in mobile/manufactured home parks,
retroactive to July 21,2014.
Res. No. 2014-53
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN 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 special meeting thereof held on July 28, 2014, by the
following vote:
AYES: Katapodis, Hardy, Shaw, Boardman
NOES: Harper, Sullivan, Carchio
ABSENT: None
ABSTAIN: None
City ark and ex-officio fferk ofhthe
City Council of the City of
Huntington Beach, California