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HomeMy WebLinkAboutCity Council - 2014-54 RESOLUTION NO. 2014-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY, CITY MEASURES WHEREAS, a General Municipal Election on Tuesday,November 4, 2014 has been called by City Council Resolution No. 2014-53, adopted on July`28 , 2014; and The City Council desires to submit to the voters at the election a measure regarding amendment of City Charter Article VIII to add a Section 805 to permit the sale, possession, display, use and discharge of safe and sane fireworks; and the City Council also desires to submit to the voters at the election a measure regarding 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; and The City Council is authorized and directed by constitutional provision and statute to submit the proposed question to the voters. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question Shall the proposed Amendment to Article VIII of the Charter of theCity of Huntington Beach adding section 805 to permit the sale,possession, display, use and discharge of safe and sane fireworks, subject to YES regulation by City Council, as set forth in the proposed measure be approved? NO 14-4321/111291 1 Resolution No. 2014-54 SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question 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 YES mobile/manufactured home parks, retroactive to July 21, 2014? No SECTION 3. That the proposed measures submitted to the voters are attached to this resolution as Exhibit A and Exhibit B. SECTION 4. 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 5. 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 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a special meeting thereof held on the 28th day of Julv 2014. Mayor REVI ND APPROVED: INITIATED AND APPROVED Al Cip4dinyer i y C r APP VED AS TO FORM: Tity Att 'ney 14-4321/111291 2 i Resolution No: 2014-54 EXHIBIT A ****ADDITION IN BOLD ARTICLE VIE 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 completion 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.DEFlNI'TIONS. 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. 4. 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. Resolution No. 2014-54 (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 FIREWORKS 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'Titie 19,Subchapter 6 subject to regulation by City Council. V . Resolution No. 2014-54 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 ( ) real property which is located in mobile/manufactured home parks, retroactive to July 21,2014. Res. No. 2014-54 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 Merk and ex-officio Clerk of the City Council of the City of Huntington Beach, California