HomeMy WebLinkAboutBaugh, Scott - 2003-11-03•
BEST BEST & KRIEGER
LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
RIVERSIDE
LAWYERS
(909) eSG- 1 450
5 PARK PLAZA, SUITE 1 500
IRVINE. CALIFORNIA 9261 4
INDIAN WELLS
(949) 283-2800
1760) SBA 26 ! i
(949) 260-0072 FAX
BBKLAW.COM
JEFFREY V. DUNN
JVDUNN@BBKLAN.COM
FILE No. 55 106.00001
November 10, 2003
�js- Conn: frock. ay:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
ONTARIO
(909) 989-8584
SAN DIEGO
(610) 525-1300
SACRAMENTO
(91 6) 325-4000
R;: City Cowicil for the City f Huntington Beach v. Connic Brockv_4?ay, ct al.
Dear'vIs. Brock-vvay:
Enclosed please find the original signature page to the Settlement Agreement in
iegard tc the above -referenced matter. Should you have any questions or comments; or require
anything further, please do not hesitate to contact the undersigned.
Very truly yours,
V-
ef ey V. unn
of BEST BEST & KRIEGER UP
Enclosure
cc: Scott Field, Esq., Assistant City Attorney, City of Huntington Beach
Bruce E. Poetter, Esq.
ORA\GI.j D%7374
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is made as of November 3, 2003,
is entered into by and between the City Council of Huntington Beach ("City Council"),
Connie Brockway, City Clerk for the City of Huntington Beach (`Brockway") and Scott
Baugh ("Baugh"), an individual with reference to the following facts and circumstances:
RECITALS
A. On May 2, 2002, after publishing the Notice of Intent to Circulate an
initiative in the local paper, Scott Baugh began circulating a petition to place an initiative
on the ballot that would alter the Huntington Beach City Charter to change the City
Council from seven members elected at large to five members elected from separate
districts. The initiative further would make the current two consecutive term limit on
councilmembers a lifetime ban after serving two terms. Mr. Baugh called his initiative
the "Fair Appointment and Individual Representation" charter initiative, or "FAIR."
B. On or about August 2002, the City Council filed a lawsuit in Orange
county Superior Court entitled City Council v. Brocictvay, et al., Orange County Superior
Court Case No. 02CC14276 naming Brockway as Respondent and Defendant and Baugh
as Real Party in Interest ("Lawsuit"). The Lawsuit challenged the constitutionality of the
FAIR Initiative under Article 2, Section 8(d) and Article 11, Section 3 of the California
Constitution, and Elections Code Section 18600.
C. On July 30, 2003, the trial of the Lawsuit was held. Judge Mary Fingal
Erickson denied the City Council's petition for writ of mandate and declaratory relief.
9
D. The Parties desire to completely settle the Lawsuit, including the issue of
attorneys' fees.
E. Baugh contends that he is entitled to attorney's fees pursuant to Code of
Civil Procedure Section 1021.5, a contention that the City Council disputes. The parties
have agreed to resolve that dispute by way of a payment of attorney's fees and costs as
set forth in this Agreement.
NOW, THEREFORE, in consideration of the above Recitals and the mutual
covenants and promises contained in this Agreement, the receipt and adequacy of which
is hereby acknowledged, the Parties agree as follows:
AGREEMENT
A. The above Recitals are incorporated in this Agreement by this reference.
B. The Parties agree that:
Upon execution of this Agreement, City Council shall pay Baugh's
attorneys' fees and court costs in the amount of $72,500. Such payment shall be made by
check payable to Bruce Peotter, Esq., Trust Account.
2. The Judgment of the Court concerning the Lawsuit shall not be
appealed.
C. Upon the execution of this Agreement, the Parties and anyone claiming in
a derivative capacity from the Parties shall be deemed to have released and discharged
each other, together with each of their respective officers, directors, employees, agents,
attorneys, accountants, affiliates, subsidiaries, predecessors, successors and assigns from
all manner of claims or appeals pertaining to the Lawsuit.
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D. Notwithstanding the foregoing, nothing in this Agreement shall constitute
a release or waiver of any claim which the Parties hold or may in the future hold against
each other or their successors, assignees or agents arising from or related to the breach of
this Agreement or the obligations created by the instruments executed and delivered in
connection with this Agreement.
E. This Agreement embodies the entire understanding and agreement
between the Parties with respect to the subject matter contained in this Agreement and
supersedes any and all prior understandings and agreements relating to the subject matter.
Any subsequent modifications to this Agreement must be in writing and agreed to by all
of the Parties.
F. This Agreement shall be binding upon and inure to the benefit of the
successors, assigns, and personal representatives of the Parties.
G. This Agreement is made with reference to the laws of the State of
California and shall be interpreted and enforced under and pursuant to California law,
without regard to conflicts of law.
H. This Agreement may be executed in counterparts, each of which shall
serve as an original and, when taken together, shall constitute one original. Facsimile
signatures of the Parties are acceptable as valid signatures to this Agreement.
At all material times, the Parties have had the opportunity to meet and
confer with counsel of their own choosing to discuss the terms of this Agreement and the
effect of executing the Agreement.
E
ATTEST:
r
Connie Brockway, City Clerk
APPROVED AS TO FORM:
'ct 0.014rJ4__.�'
Fhxtb pe�G
4
Petitioner/Plaintiff
CITY COUNCIL OF THE CITY OF
HL TINGTON BEACH
Connie Boardman, Mayor
Respondent,
HUNTINGTON BEACH CITY CLERK
Connie Brockway, Cijy Clerk
Real Pa in -interest, SCOTT BAUGH
!� -dj
Scott Baugh 61
CITY ATTORNEY OF THE CITY OF
HUNTINGTON BEACH
By: c
J fer Mc rath, Cit A rney, and II 5ja3
Attorney for Petitioner/Plaintiff
CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH
BEST, BEST and KRIEGER
By:
Jeffrey Dunn, Attorney for
Respondent CONNIE BROCKWAY
LAW FICES OF UC E. PEOTTER
By:
Bruce E. P ter, ttorney for Real
Party -in- terest SCOTT BAUGH
NOV- 0b-2 17 - 49 COF HLNT I NffrON BEACH . 71.4 374 1390 P.06
Kemp -tH�s (- 0el 0 L F�r� 01
�q-s ��� CapY w� �l 'j�e� ride.
ATTEST;
Connie Brockway, City Clerk
APPROVED AS TO FORM:
4
Petitioner/Plaintiff
CITY COUNCIL GF THE CITY OF
HUNTINGTON BEACH
Connie Boardman. Mayor
Respondent,
HUNTINGTON BEACH CITY CLERK
Connie Brockway, City Clerk
Rea]. Percy-in-lawrest, SCOTT BAUGH
Scott Baugh
CITY ATTORNEY OF THE CITY OF
IRMINGTON BEACH
By.
Jennifer McGrath, City Attorney, and
Attorney for PetitionerMaiatiff
CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH
BEST,
By:
Dunn, Attorney for
)NNW BROCK'WAY
LAW OFFICES OF BRUCE E. PEOTTER
By:
Bruce E. Poetter, Attorney for Real
Parry-in-Intarest SCOTT BAUGH
NOU-0 r-2003 17 : 49
ATTEST;
DF KWINGTON BEACH 714 374 090 P.OS
Pedtioaer/Plaintiff
CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH
Canis Brockway, City Cleric Connie Boarftm% Mayor
Respondent,
HUNTINGTON BEACH CITY CIaERK
Connie Brockway, City Clerk
Real Party -in Interest, SCOTT BAUGH
Scott Baud
APPROVED AS TO FORM: CITY ATTORNEY OF THE CITY OF
HUNTINGTON BEACH
By:
Jennifer McGrath, City Attorney, and
Attorney for Petitianedl?lelatiff
CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH
BEST,
k 0� a
�' i f
LAW OFFICES OF BRUCE E. PEOTTER
By:
Bruce E. Poetter, Atummy for Real
Party in -Interest SCOTI' BAUGH
4
07-Nov-03 11:4oan From-
.
Jennifer McGrath
City Anamey
October 20, 2003
OFFICE OF
CITY ATTORNEY
P.O. Box 190
2000 maid Street
Rnatingtoll Beaely California 92643
Telephone: (714) 53&5555
Facsimile: (714)374-1590
brute E. Peotter, Esq.
41 Corporate Park, Suite 210
Irvine, California 92606
Jeffrey Dunn, Esq.
Best, Best & Krieger, LLP
5 park Plaza, Suite 1$00
Irvine, California 92614
i-fi13 P.003/Oi0 F-818
r,J C, ly CAS-t -'!c
Ti��pr►r,.. , a,, O,,,y D-lb
/ na T`1
ft
Paul A'Ale adro, a3sisCmt ty ttnmsy
Seott Aeld. Au sta t MY Attomq
Lee Burke, Deputy City Anorney
doss Ftyii, Depngr City Attarncy
iLcoale FAvIviblll. Npury City A=mq
Sarah Sutmn. Deputy City Anoenay
Rc: City council for the City of Huntington Beach v_ Connie Brockway, et al.
Dear Gentlemen:
Enclosed please find the Settlement Agreement that Bruce Peott�r has prepared and I have revised
concerning the above-cmitled case.
Jeff, just to fill you in, the City. Cotmcil bas agreed not to appeal the adverse decision Bruce has also
claimed attorney's fees on a private attorney general basis. The City Council is agreeing ro pay
attorney'x feces in the arnount of $72,500. The Settlement Agreement resolves all these disputes.
Consequently, please review the Agreement and arrange for Connie Brockway to sign it as both the
Respondent and ns the City Clerk on bebalf of the City Council
Bruce, please note that in revising the Agreement, I have removed the Civil Code Section
15421Creneral Release language. The only issues that are being adjudicated are those addressed in the
lawsuit. 1 don't expect that there will be any additional issues arising concerning the validity of the
initiative, but the agreement should not preclude anyone from addressing them. Please Vmvide your
comments on the Agreement as soon as possible.
Bruce, I also cmTected one typo on the enclosed judgment.
Sincerely,
SCOTT F. FIELD
Assistant City Attorney
City of Huntington Beach
SF/tv
Enclosures
0APLENMCiry v. Bau&MCOrmponda=ftoner IQ-mdac
CITY OF HUNTINGTON BEACH
2000 MAIN STREET " / CA ! RNIA 92648
OFFICE OF THE CITY CLERK 4- /JL�O 17— -/
CONNIE BROCKWAY / &) A-77Y :r CFG-
CITY CLERK
November 19, 2003
Jeffrey V. Dunn
Best Best & Krieger LLP
5 Park Plaza, Suite 1500
Irvine, CA 92614
Re: City Council for the City of Huntington Beach v. Connie Brockway, et al.
Dear Mr. Dunn:
Enclosed please find a certified copy of the signed Settlement Agreement in regard to the
above -referenced matter. Should you have any questions, feel free to contact me.
Sincerely,
Connie Brockway CMC
CB:pe
Enclosure
{ Telephone: 714636-5227 )
J�
CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: Connie Brockway, City Clerk
FROM: Scott Field, Assistant City Attorney
DATE: February 3, 2003
SUBJECT: Huntington Beach City Council v. Connie Brockway, City Clerk, and
Scott Baugh, Real Party in Interest, OCSC Case No. 02CC14276
Enclosed please find the Summons and Complaint in the above -referenced lawsuit. The City
Council has filed suit to challenge the validity of the FAIR initiative. You are named as the
defendant because it is your responsibility to conduct the election on the FAIR initiative, and
consequently, any relief the Court may grant the City invalidating the initiative would require an
order enjoining you from conducting the election.
Since the City Attorney is representing the City Council in this matter, we are appointing
separate counsel to represent you. After conducting a Request for Qualifications, we have
selected the law firm of Best Best & Krieger to represent you. Sonia Carvalho of that office will
be contacting you in the next few days to discuss her representation of you.
Scott Field
Assistant City Attorney
GAFIELD':2003 Memos`:Orockway-City v. Baugh.doc
to
SUMMONS
(CITACION JUDICIAL)
NOTICE TO DEFENDANT: (Avlso a Acusado)
Connie Brockway, City Clerk of the City of
Huntington Beach, in her official capacity,
Scott Baugh, Real Party in Interest.
YOU ARE BEING SUED BY PLAINTIFF:
(A Ud. le esth demandando)
City Council for the City of Huntington Beach
You have 30 CALENDAR DAYS after this
summons is served on you to file a typewritten
response at this court
A letter or phone call will not protect you; your
typewritten response must be in proper legal form
If you want the court to hear your case.
If you do not file your response on time, you may
lose the case, and your wages, money and
property may be taken without further warning
from the court
••
on First Amended Petition for Writ of Mandate
FOR COURT USE ONLY
(SOLO AARA USO OE LA CORM
Despubs de quo to entreguen esto c1tacl6n judicial usted
tiene on plazo de 30 DIAS CALENDARIOS pars presenter
one respuesta escrite a m6quins an esta torte.
Una carte o una llamade telef6nica no )e ofrecerh
protecci6n; so respuesta escrita a mdqulna tlene quo
cumpllr con las formalidades legates apropiadas at usted
qulere quo is Corte escuche so caso.
Si usted no presents so respuesta a tiempo, puede perder
el caso, y le pueden guitar su salarlo, so dinero y otras
cosasde so propiedad sin aviso adiclonal por parts de /a
Corte.
There are other legal requirements. You may want Existen otros requishos legates. Puede'que usted quiera
to call an attorney right away. If you do not know llamar a on abogado inmediatamente. Sl no Conoco a on
an attorney, you may call an attorney referral abogado, puede llamar a on servicfo de referencia de
service or a legal aid office (listed in the phone abogados o a una oficina de ayuda legal (vea el directorlo
book). telefdnico).
The name and address of the court is: (El nombre y direcci6n de is Corte es) CASE NUMBER (N6mero del Casa)
Orange County Superior Court 02CC14276
Central Justice Center
700 Civic Center Drive West JUDGE MARY FINGAL ERICKSON
Santa Ana, CA 92702
DEPT. C8
The name, address, and telephone number of plaintiffs attorney, or plaintiff without an attorney, is:
(El hombre, la direcci6n y el numeeo de telcsfono del abogado del demandante, o del demandante quo no tiene abogado, es)
Jennifer McGrath, City Attorney SBN 179917
Scott Field, Assistant City Attorney SBN 105709
P.O. Box 190, 2000 Maid Street
Huntington Beach, CA 92648
(714) 536-5555 Fax No.(714) 374-1590
DATE: JAN 2 AlAN SLATER Clerk. by Deputy
(Fecha) _ _ (Actuano) _ (Delegadoj
ISM] NOTICE TO THE PERSON SERVED: You are served
1. ias an individual defendant.
2. = as the person sued under the fictitious name of (specify):
Form Aoopled by Rule 9B2
Judicial Council of Caiilomia
8824aN9) (Rev. January 1, IOU)
Mandatory Forth
3. i X_ on behalf of (specify):
under: C! CCP 416.10 (corporation) � CCP 416.60 (minor)
CCP 416.20 (defunct corporation) = CCP 416.70 (conservatee)
CCP 416 40,(aspociation or partnership) � CCP 416.90 (individual)
Mother:Official N city as City Clerk
�; b ersonal detive on date : 2 a 3
ISee reverse for Proof of Service) Sou ns'
SUMMONS da us CCP 412.20
PROOF OF SERVICE - SUMMONS
(Use separate proof of service for each person served)
I. I served the
a. summons = complaint = amended summons amended complaint
[� completed and blank Case Questionnaires = Other (specify):
b. on defendant (name):
C. by serving C] defendant other (name and title or relationship to person served):
d. 0 by delivery = at home at business
(1) date:
(2) time:
(3) address:
e. Cj by mailing
(1) date:
(2) place:
2. Manner of service (check proper box):
a. Personal service. By personally delivering copies. (CCP 415.10)
b. Ci Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving,
during usual office hours copies in the office of the person served with the person who apparently was in charge
and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies
were left. (CCP 415.20(a))
C. Substituted service on natural person, minor, conservatee, or candidate. By leaving copies�at the dwelling house,
usual place of abode, or usual place of business of the person served in the presence of a competent member of
the household or a person apparently in charge of the office or place of business, at least 18 years of age, who'was
informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to
the person served at the place where the copies were left. (CCP 415.20(b)) (Attach separate declaration or affidavit
stating acts relied on to establish reasonable diligence In first attempting personal service.)
d. Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person
served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid,
addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.)
e. Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid,
requiring a return receipt) copies to the person served. (CCP 415.40) (Attach signed return receipt or other evidence
of actual delivery to the person served.)
f. I� Other (specify code section):
additional page is attached.
3. The "Notice to the Person Served" (on the summons) was completed as follows (CCP 412.30, 415.10. and 474):
a. as an individual defendant.
b. as the person sued under the fictitious name of (specify):
C. on behalf of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor) other:
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
CCP 416.40 (association or partnership) CCP 416.90 (individual)
d. 0 by personal delivery on (date):
4. At the time of service 1 was at least 18 years of age and not a party to this action.
S. Fee for service: $
6. Person serving:
a. a California sheriff, marshal, or constable. f. Name, address and telephone number and, if applicable,
b. Registered California process server. country of registration and number:
C. Employee or independent contractor of a registered
California process server.
d. Cj Not a registered California process server.
9. Exempt from registration under Bus. & Prof. Code
22350(b).
I declare under penalty of perjury under the laws of the State
of California that the foregoing is true and correct.
Date:
(For California sheriff, marshal, or constable use only)
I certify that the foregoing is true and correct.
Date:
(SIGNATURE)
982(a)(9)1Ray. January 1. 19841
(SIGNATURE)
40
x
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u�
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JENNIFER McGRATH, City Attorney SB 179917
SCOTT F. FIELD, Assistant City Attorney SB 105709
P.O. Box 190, 2000 Main Street
Huntington Beach, CA 92648
(714) 536-5555
FAX (714) 374-1590
Attorneys for Petition and Plaintiff
CITY COUNCIL FOR THE CITY OF
HU1\TINGTON BEACH
FLED
SUPERJOR COURT OF CALIFORNIA
COUNTY OF ORANGE
MJTD-%I .1UsT1CF rl: ITC:R
JAN 27 2003
ALAN SLATER, Clerk of the Court
BY A. RANG
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
CITY COUNCIL FOR THE CITY OF
HUNTINGTON BEACH
Petitioner and Plaintiff.
VS.
CONNIE BROCKWAY, City Clerk of the City
of Huntington Beach, in her official capacity,
Respondent and Defendant,
and
SCOTT BAUGH.
Real Pang in Interest
CASE NO. 02CC 14276
FIRST AMENDED PETITION FOR WRIT OF
MANDATE AND COMPLAINT FOR
DECLARATORY RELIEF
G:I%.PLEAD'%-C itv r. Baugh`Firbt Amended Petition.DOC
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COMES NOW Petitioner and Plaintiff CITY COUNCIL FOR THE CITY OF HUNTINGTON
I BEACH and alleges as follows:
INTRODUCTION
I. This action is brought pursuant to California Elections Code Sections 13314 and 18600,
Article II, Section 8, subdivision (d) of the California Constitution, and Sections 1085 and 1060 of the
Code of Civil Procedure to safeguard the integrity of the electoral process and to ensure that Petitioner
and Plaintiff, as well as the City of Huntington Beach and the voters of the City of Huntington Beach,
are not forced to undergo an election (currently set for March 2004) that would enact an illegal and
unenforceable amendment to the City's Charter.
2. The petitions at issue in this case resulted in the placement on the ballot, for an election
to be held in the City of Huntington Beach in March 2004, of a proposed charter amendment that
would make a number of profound changes to the representative form of government of the City of
Huntington Beach. The measure, proposed by Real Party in Interest Scott Baugh, would variously (1)
reduce the number of City Councilmembers representing the citizens of Huntington Beach from seven
to five; (2) change the system for electing City Councilmembers from an at -large scheme to one that
uses councilmanic districts (the specific lines for which are also prescribed in the measure); and (3)
amend the City's existing term limit law from a two -consecutive -term limit to a lifetime ban on serving
more than two council terms.
3. Performing its ministerial duty, the CITY COUNCIL FOR THE CITY OF
HC,'NTINGTON BEACH, upon being notified by the City Cleric for the City of Huntington Beach that
sufficient signatures had been gathered on the petitions to qualify the measure for the ballot, adopted a
resolution directing that the proposed charter amendment be placed on the ballot for the March 2,
2004, regular statewide primary election.
4. The Huntington Beach City Council placed this measure on the ballot for the March
2004 election despite its concern that the measure was illegal for at least two reasons: First, the
measure violates the constitutional proscription against initiatives embracing more than a single
subject; and second, the measure was circulated in violation of Elections Code section 18600, in that
the petitions contained false claims and statements that misled the signers of the petitions.
G:IPLEADICity v_ BaughTirst Amended Petiuon.DOC
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5. Plaintiff and Petitioner CITY COUNCIL FOR THE CITY OF HUNTINGTON
j BEACH therefore brings this action for a declaration regarding the validity of the proposed charter
I amendment and, if determined to be invalid, for an order removing it from the ballot, thereby
protecting the integrity of the electoral process and preventing the needless exercise of holding an
election on a measure that cannot withstand constitutional scrutiny.
PARTIES
6. Petitioner and Plaintiff ("Petitioner") CITY COUNCIL FOR THE CITY OF
HUNTINGTON BEACH is the duly elected legislative body representing the citizens of the City of
Huntington Beach, a charter city organized under the laws of the State of California.
7. Respondent and Defendant ("Respondent") CONNIE BROCKWAY is the City Clerk
of the City of Huntington Beach and is sued herein in her official capacity. City Clerk Brockway is
the elections official for the City of Huntington Beach who is responsible for conducting the election
on the ballot measure in question in this action.
8. Real Party in Interest SCOTT BAUGH is the official proponent of the proposed charter
amendment that is the subject of this action, the FAIR Charter Amendment.
GENERAL ALLEGATIONS
9. On August 5, 2002, Petitioner fulfilled its ministerial duty and ordered to be placed on
the March 2004 primary election ballot the proposed FAIR Charter Amendment presented to
Petitioner by Real Party Baugh. That measure, the product of petitions circulated by Real Party and
others, calls for a major reconfiguration of the system of government in the City of Huntington Beach.
A copy of the Notice of Intent to Circulate Petition and the FAIR Charter Amendment is attached
hereto as Exhibit A. Primarily, if enacted, the measure would:
1. Alter the City's existing term -limits law from one that precludes a
person from serving more than two consecutive terms on the City
Council to one that imposes a lifetime limit of two terms (Ex. A., Section
316);
2. Contract the membership of the City Council from its current seven
members to five members (Ex. A, Section 300); and
GAIPLEADNCity v. BaughWirst Amended Petition.DOC 3
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3. Change the fundamental structure of the City Council from one in which
its members are elected at large to one in which they are elected from
certain geographic districts prescribed in the measure (Ex. A, Sections
314, 315, and 319).
10. In an effort to persuade voters to support the proposed charter amendment, the petitions
circulated by Real. Party and others contained several demonstrably false and misleading factual
statements concerning the history of the City of Huntington Beach and the supposed need for the
changes the ballot measure proposes. Specifically, the petitions state that
1. "Citywide elections have resulted in Councilmembers being elected with
only 12% of the vote, allowing special interest groups to elect their own
Council member(s) who may or may not be concerned about the issues
of all neighborhoods."
2. "The present citywide election system was last changed in the I960's
when the population of Huntington Beach was 11,500."
3. "The old citywide elections may have worked when Huntington Beach
was just Downtown and a couple of neighborhoods, but now it is 16
times larger and covers 28 square miles."
11. These statements are false because
1. The City's current voting scheme, which allows each voter to vote for
up to three or four different candidates for City Council at each election
(depending on the number of seats at issue in the election) but does not
permit a voter to cast more than one vote for any single candidate, has
never resulted in as few as 12% of the voters electing a member of the
City Council.
2. The City of Huntington Beach had five Councilmembers until 1966, at
which time amendments to the charter enlarged the council to its current
size of seven. In 1966, the year in which "the present citywide election
system was last changed," the population of Huntington Beach was
GAPLEAMCiry v. BaughTirst Amended Petition.DOC 4
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76,000, not 11,500.
3. In 1966, when the present city council election system was adopted,
Huntington Beach was approximately 24 square miles. Clearly, even at
a present size of 28 square miles, as claimed in the petition, the City is
not 16 times larger than its size in 1966.
12. Real -Parry's false statements in the petitions are clearly designed to give the petitions'
signers. the materially false perception that the City's current City Council size and election
methodology is outmoded, the product of a bygone era bearing no relationship to the present. The
petitions' claims are simply false and misleading and invalidate the petitions.
FIRST CAUSE OF ACTION r
(Declaratory Relief)
13. Petitioner realleges and incorporates herein by reference each and every allegation
contained in paragraphs 1 through 12, above.
14. The proposed ballot measure is illegal because it violates the "single subject rule" of
Article II, Section 8, subdivision (d), of the California Constitution. That provision provides that "[a]n
initiative measure embracing more than one subject may not be submitted to the electors or have any
effect." To satisfy this single subject rule, a measure must "fairly disclose a reasonable and common
sense relationship among [its] various components in furtherance of a common purpose." (Senate v.
Jones (1999) 21 CalAth 1142, 1157.) While "provisions which are logically germane to the title of the
act and are included within its scope may be united" (Brosnahan v. Brown (1982) 32 Ca1.3d 236, 247),
initiative proponents are not given "blank checks to draft measures containing unduly diverse or
extensive provisions bearing no reasonable relationship to each other or to the general object which is
sought to be promoted." (Id., at p. 253.) On the contrary, to be valid, an initiative must have a single
subject, and that single subject must not be one of "excessive generality, and ... so broad that a
virtually unlimited array of provisions could be considered germane thereto ... essentially obliterating
the constitutional requirement [for a single subject]." (Chemical Specialties Manufacturers
Association, Inc. v. Deukmejian (1999) 227 Cal,App.3d 663, 670-71.) Real Party's measure does not
satisfy this test.
G:\PLEAD%City v. BaughTirst Amended Peulion.DOC 5
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15. The proposed ballot measure is also illegal because the petitions used to qualify the
measure for the ballot were unlawful and not in compliance with the Elections Code because they
contained demonstrably false and misleading statements of fact in violation of Elections Code section
18600. The petitions' noncompliance with the requirements of the Elections Code require that they be
deemed invalid and that no election be held on the proposed measure.
16. An actual controversy has arisen and now exists between Petitioner and Respondent
1 and Petitioner and Real Party concerning the validity of the ballot measure proposed by Real Party and
the parties' respective rights and duties with respect to the proposed measure. As described more fully
above, Petitioner contends that the ballot measure violates the single -subject rule of the California
Constitution and the provisions of the Elections Code requiring that a petition presented to the
electorate not contain material falsehoods. Petitioner is informed and believes that Respondent and
Real Party contend in all respects to the contrary. A judicial declaration as to the legality of the
proposed ballot measure and of Real Party's action in presenting them for voters' signatures for
qualification on the ballot is therefore necessary and appropriate to determine the respective rights and
duties of the parties.
SECOND CAUSE OF ACTION
(Writ of Mandate)
(Art. I1, § 8, Subd. (d) of the California Constitution,
Code Civ. Proc., § 1085 & Elec. Code §§ 13314, 18600)
17. Petitioner realleges and incorporates herein by reference each and every allegation
contained in paragraphs I through 16, above.
18. Respondent City Clerk Brockway has a clear, present and ministerial duty to comply
with the provisions of the California Constitution and of the Elections Code governing the content of
proposed ballot measures and of the petitions qualifying them for the ballot. As set forth above,
Article II, Section 8, subdivision (d), requires a ballot measure to embrace only a single subject in .
order to be submitted to the voters, and the Elections Code prohibits measures from being presented to
the voters where the petition that called for the measure contains material falsehoods. Issuance of the
requested writ of mandate is thus necessary in order to prevent the error and neglect of duty that is
GOLEAMCity Y. BaughTirst Amended Petition.DOC 6
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about to occur by the submission of this unconstitutional and unlawful measure to the voters.
PRAYER FOR RELIEF
WHEREFORE, Petitioner respectfully prays for judgment as follows:
1. On the First Cause of Action, that this Court issue its judgment declaring that Real
Pay Baugh's proposed charter amendment measure is unconstitutional, illegal and void and that it
should not be placed on a ballot for presentation to the voters.
2. On the Second Cause of Action, that this Court issue its alternative and peremptory
writs of mandate commanding Respondent City Clerk Brockway to refrain from holding an electron
on thE- ballot measure presented by Real Party Baugh.
3. On each and every Cause of Action, that this Court award Petitioner the costs of this
litigation, including out-of-pocket expenses and reasonable attorneys' fees; and
I
4. On each and every Cause of Action, that this Court grant such other, further and
different relief as the Court may deem just and proper.
DATED: January 17, 2003
JENNIFER McGRATH, City Attorney
Bv:
r Scott Field, Assistant City Attorney
Attorneys for Petitioner and Plaintiff,
CITY COUNCIL FOR THE CITY OF
HUNTINGTON BEACH
G':PI,EAMCity v. Baugh"First Amended Petition.DOC
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EXHIBIT A
Petition for Submission to Voters of Proposed Amendment to the Charter of the City of Huntington Beach
The City Attorney has prepared the following title and summary of the chief purpose and points of the
proposed measure:
A proposed initiative measure which would amend the Charter of the City of Huntington Beach to change,
effective with the 2004 general municipal election, the total number of elected city councilmembers from
seven persons to five persons; to provide that the five councilmembers shall be elected by district rather than
at large; and to Impose a two -term limit on elected councilmembers.
The proposed initiative measure would amend Sections 300 and 704 of, and add Sections 314, 315,
316, 317, 318 and 319 to, the Charter of the City of Huntington Beach. Under the current Charter, the
elective officers of the City, each with a four-year term, consist of a city council of seven members, a City
Clerk, a City Treasurer and a City Attorney. The proposed initiative measure, to be effective with the 2004
general municipal election: (1) would decrease the number of elected councilmembers from seven persons
to five persons; (2) would require that the five councilmembers be elected by district rather than at large; (3)
would divide the City into five separate, geographically described districts as nearly equal in population as
practicable; (4) would establish a district residence requirement for each elected councilmember; (5) would
provide for redistricting within six months following the completion of each federal decennial census; and
(6) would impose a two -term limit on each elected councilmember. The proposed initiative measure would
It:tve to effect oft the elective offices of City Clerk, City Treasurer or City Attorney.
Notice of Iiiiew to Circulate Petition
Notice is hereby given by the person whose name appears hereon of his intention to circulate a petition within the City of Huntington
Beach for the purpose of making an amendment to the charter of the City of Huntington Beach by amending sections 300 and 704,
and adding sections 314, 315, 316, 317, 318 and 319, providing that Council members shall be nominated and elected by District
rather than nominated and elected citywide and providing that Council members shall not be allowed to serve on the Council longer
than eight years. A statement of the reasons of the proposed action as contemplated in the petition is as follows:
The current method of electing Council members citywide does not provide equal representation to all of the residents of the City of
Huntington Beach. Citywide elections have resulted in Council members being elected with only l2% of the vote, allowing special
interest groups to elect their own Council member(s) who may or may not be concerned about the issues of all neighborhoods.
Communities within our city are effectively denied the right to choose their own representatives.
In addition, the current system limits consecutive terms for Council Members, but allows ex -Council members to be returned to office
by powerful special interest groups because of their high name identification, not because they were ever effective in solving the
problems of this city.
The present citywide election system was last changed in the 1960's when the population of Huntington Beach was 11,500. Today,
with a population of 190,000, special interest groups are often the only ones who can afford the thousands of dollars necessary to run
an effective campaign. The old citywide elections may have worked when Huntington Beach was just Downtown and a couple of
neighborhoods, but now it is 16 times larger and covers 28 square miles.
The increased population of Huntington Beach has often resulted in many candidates running citywide for election to the City
Council. There have been elections with more than 25 candidates. In the last election there were 20. It is difficult, if not impossible,
for an ordinary citizen to become educated on 20 or more different candidates. It is equally difficult for a candidate who is not backed
by a well -funded special interest to communicate with 190,000 citizens. District elections will likely result in fewer candidates
running for office in districts with a population of about 38,000 residents, and Council members who must listen to the concerns of
voters within the conununilics that elected Ihcm.
The printed name, signature and address of the proponent is as follows:
Scott Baugh
221 17th Street
Huntinglon Beach, CA 92(Ag
/s/ Scutt Baugh
To the city council of the City Huntington Beach:
We, the undersigned, registered and qualified voters of the State of California, residents of the City of Huntington Beach, pursuant to
Section 3 of Ar6cle XI oflhe California Constitution and Chapter 2 (commencing with Section 34450) of Part I of Division 2 of Title
4 of the Government Code, present to the city council of Huntington Beach this petition and request that the following proposed
amendment to the charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an
election on a date to be determined by the city council.
The proposed charter amendment reads as follows:
Section 300 shall be amended to read:
Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of
a City Council of serem_fi_vs members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large,
except for Council members. who shalt be elected by Disv;ct at the times and in the manner provided in this Charter and who shall,
except for City council members. serve for terms of four years and until their respective successors qualify. Subject to the provisions
of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office a it" the —Fire-
until their successors are elected and qualified. -Four All five members of the City Council shall be
elected at the general municipal election held in-t966 2004. one from each District. District 13. and 5 shall initially be for a two-year
ter and each fourth Year thereafter, District 2 and 4 shall be for a four-year term, and each fourth year thereafter.
tire crity ectincil sit 11 ' I -cted 3t thc-sc."..1 ... tinicipal clectio i held in 1966, and ... it fourth lea t! cicaftc . No Fem., �hvll b-
Ycal. term to hiCh 11c'Mh on elected a incinbc, slmll be elected to the Gity C=11161 11101, than On, f�.the.
cromecvtr.c-temr. Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this
Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A
City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City
Attorney shall be elected in 1966, and each fourth year thereafter.
Page I
The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first
Monday following his election. Tics in voting among candidates for office shall be settled by the casting of lots.
Section 314 shall be added and shall read:
Section 314 DISTRICTS ESTABLISHED For the pumose of electins! members of the City Council, theCity shall be divided into five
Districts as nearly equal in population as practicable. For the General Municipal election held in inns the boundaries of such District
shall be those described in section 319 Thereafter the boundaries of such districts shall be s Gbiect to alteration and change under the
provisions of this Charter Said redistricting plan may describe the new boundaries by reference map on rite with the City Clerk. A
metes and bounds description of the new boundaries need not be contained in said redistricting pfgp,
Section 315 shall be added and shall read:
Section 315 COUNCIL MEMBER RESIDENCY REOUIREM NT 'Mere will be only one member from each District on the City
Council, Every Council member shall be an actual resident and elector of the District from which the Council member is nominated
Any Council member who moves from the District of which the Council member was nominated forfeits the office
Section 316 shall be added and shall read:
Section 316 TERM LIMITSNo person shall be elected as a member of the City Council for more than two terms and no person who
has been a mcrnbur I'or two or more _years of a term to which he or she or some other person was elected a member shall be elected to
the City Council more than one further term.
Section 317 shall be added and shall read:
Section 317 REDISTRICTING. Within six months of the cc
commirtee to ctudv and renort to the Ciry Council on the adv
athCinative vote of at ICact two-tmrus of the cull mempersnlp of the lity Council Any such ordinance adopted within one hundred
twenty days immediately preceding any election of Council members shall not become effective until the day followine such election
No rcdisincting shall disqualify any Council member from serving as the Council member from the District he or she was nominated or
;it712villlkd_IiLUl�rtilllaillds`VLJ) �_Lr i LV1i�slislL'Sl._ur lll)_1��L�S1LL'L4litl_S1iunic mil clecti„it�i1_iV1�'_'llliSf.
Section 318 shall be added and shall read:
onion , i a Auul i iV1`G AL. i cot i 1.1 t .cane Gi-L -y t:unstituunu, i part of ins l.ity ang not speciticatty incivaca in any aislriel Shall
he deemed included in the District with which it has the longest common boundary line. If there shall be no common boundary with
any District then such territory shall be deemed included in the nearest district to i[
Section 319 shall be added and shall read:
Section 319. LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries of the Districts shall be:
District I:
At the intersection of Clay Ave. and Goldenwest St south on Goldenwest St to the Pacific Ocean South on the Pacific Ocean to the
City boundary along the Santa Ana River. North on the Santa Ana River to Hamilton Ave West on Hamilton Ave to Bushard St
North on Bushard St. to Atlanta Ave. West on Atlanta Ave to Beach Blvd North on Beach Blvd to Yorktown Ave west on
Yorktown Ave. to Delaware St. North on Delaware St. to Clay Ave. West on Clay Ave. to Goldenwest Sr
District 2
At the intersection of the City boundary along the Santa Ana River and Hamilton Ave West on Hamilton Ave to Bushard St North on
Bushard St. to Atlanta Ave West on Atlanta Ave. to Bcach Blvd. North on Bcach Blvd to Yorktown Ave. East on Yorktown Ave to
Worchester Ln. North on Worchester Ln. to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South on Weymouth Ln. to Grant
Dr. East on Grant Dr. to Harding Ln. North on Harding_Ln. to Hamden Ln. East on Hamden Ln. to Newhaven Ln. South on
Newhaven Ln to Bridgeport Dr. East on Bridgeport Dr. to Newland St. North On Newland St. to Garfield AveEast on Garfield Ave
to the City boundary along the Santa Ana River. South on the City boundary to Hamilton Ave.
District 33
At the intersection of Clay Aveand Goldenwest St South on Goldenwest St to the Pacific Ocean North on the Pacific Ocean to
Wamer AveEast on Wamer Ave. to the City boundary that generally follows Pacific Coast Highway South_ East. North and West on
the City boundary to Warner Ave West on Warner Ave to Pacific Coast Highway. Notch on Pacific Coast Highway to the City
boundary east of Bayyiew Dr. Aforth on the City boundary to Broadway East on Broadway to Intrepid Ln. North on Intrepid Ln. to
The ity boundary north of Remora Dr West on the City boundary to Pacific Coast Highway. North on Pacific Coast HighwaX to the
City boundary Easterly on the City boundary to Sunset WayFast- East on Sunset Way East to Edinger Ave East on Edinger Ave to
Sherlock I iiSouth on Shcrh>tk I n cuid it% ymcitsion to Scavicw 1 n South on Seaview Ltito I leil Ave,Lam on I Icil Ave,to Bolsa
Chica St South on Bolsa Chica St to Wamer Ave East on Warner Ave to Goldenwesr Sr South on Goldenwest St to Clay Ave
Page 2
District 4
At the intersection of Goldenwcst St. and Clay Ave.. West on Clay Ave. to Delaware St. South on Delaware St. to W.Yorktown Ave.
West on Yorktown Ave to Worchester Ln. North on Worchester Ln to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South
on Weymouth Ln to Grant Dr East on Grant Dr. to Harding Ln. North on Harding Ln. to Hamdcn Ln. East on Hamden I"
Newhaven Ln. South on Newhaven Ln. to Bridgeeort Dr. East on Briduceort Dr. to Newland St. North On Newland St. to Warner
Avc West oil Wimcr Ave,to Magnolia St. North on Magnolia St. to the City boundary that generally follows Interstate 405. North
k.n n,e City boundaryhe City boundary that generally follows Heil Avc. West on the City boundary to Beach Blvd. North on
Reach Blvd to Hcil Avc Wcst on Heil Ave. to Goldenwcst St South on Goldenwcst St. to Clay Avc.
District 55
At the intersection of Goldenwcst St. and Warner .Ave.. West on Wamer Ave. to Bolsa Chica St. North on Bolsa Chica St. to Heil
Ave West on Heil Ave to Scaview Ln. North on Seaview Ln and its extension to Sherlock Ln. North on Sherlock Ln. to Edinger
Ave East on Edinger Ave to B015+ Chica St *forth on Bolsa Chica St to the northern City boundary At the intersection of the
northem City houndary and Heil Ave - West on Heil Ave. to Goldenwest St. South on Goldenwest St. to Warner Ave.
Section 704 shall be amended to read:
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by not less than
twenty nor more than thirty electors of the City. Additionally. candidates for City Council must collect said signatures from electors
residine in the District where !hey reside.
This map generally illustrates the text of Section 319. If any discrepancies exist, Section 319 shall control.
Page 3
Petition for Submission to Voters of Proposed Amendment to the Charter of the City of Huntington Beach
The City Attorney has prepared the following title and summary of the chief purpose and points of the
proposed measure:
A proposed initiative measure which would amend the Charter of the Cityof Huntington Beach to change,
effective with the 2004 general municipal election, the total number of elected city councilmembers from
seven persons to five persons; to provide that the five councilmembers shall be elected by district rather
than at large; and to impose a two -term limit on elected councilmembers.
The proposed initiative measure would amend Sections 300 and 704 of, and add Sections 314, 315,
316, 317, 318 and 319 to, the Charter of the City of Huntington Beach. Under the current Charter, the
elective officers of the City, each with a four-year term, consist of a city council of seven members, a City
Clerk, a City Treasurer and a City Attorney. The proposed initiative measure, to be effective with the
2004 general municipal election: (1) would decrease the number of elected councilmembers from seven
persons to five persons; (2) would require that the five councilmembers be elected by district rather than
at large; (3) would divide the City into five separate, geographically described districts as nearly equal in
population as practicable; (4) would establish a district residence requirement for each elected
councilmember; (5) would provide for redistricting within six months following the completion of each
federal decennial census; and (6) would impose a two -term limit on each elected councilmember. The
proposed initiative measure would have no effect on the elective offices of City Clerk, City Treasurer or
City Attorney.
;NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE
GATHERER OR A VOLUNTEER. YOU IIAVE TIIE RIGIITTO ASK.
All signers of this petition must he registered to vote in the City of Huntington Beach
To- t.`nu tar
011-1 v.. —y
SAMPLE Prim name a in Tn
I Residence address ONLY l'.7 F CTrccT
Signature as rcgislacJ to vote (1 '.�y Gty Zip
_}^^` Ntrlftn far 3Cdbr I2345
Date
I. Print name
I Residence address ONLY
Signature as registercd to vote City Zip
Date
2. Print name
I Residence address ONLY
Signature as registered to vote City Zip
Date
3. Print name
I Residence address ONLY
Signature as registered to vote City Zip
Date
4, Prim name
I Residence address ONLY
Sigimiurc as registered to vote City Zip
Date
S. Print name
I Residence address ONLY
SignalWC as repisi mil it) vote City Zip
Date
6. Print name I
Residence address ONLY
Signature as registered to vole City Zip
FDECLARATION OF CIRCULATOR (To be completed after the above signatures have been obtained)
ain rcgistcretl to vole ur :iin tluafirevl ha register to voic ua the City of I Inittiiiiji-i neach. Slalc ol" �ali lonlia.
•1
etia is
Inddnu.cny. +iaiu, r,fi vwkl
I circulated this section of the petition and witnessed each of the appended signatures being written. Each signature on the petition is, to the best
of my information and belief is the genuine signature of the person whose name it purports to be. All signatures on this document were obtained
between the dates of _/_/_ and _/_/_. I declare under penalty of perjury undo
IMmtR dry. ytssr) imei;'k stay. yaar)
Ilic laws or the Slate of C:diliarnia dint the roregoing is true and carnet. lixeculcd twt /_/_ at
. (Maul, dey, year) (Place orapwriu
iC�e��.,w�arri�t.1, ,J dinam.ddk MUST BE SIGNED HERE ALSO
Teo sir» Y.
It. ra. aMo:
err rM saat
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all b" What
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am ad be
citial Mr
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Arm aicol>ta
11111111,01171111r.
ILaw still s
aecetd dw la
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PROOF OF SERVICE OF PAPERS
STATE OF CALIFORNIA, COUNTY OF ORANGE
I am employed in the County of Orange, State of California. I am over the age of 18 and not a
party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648.
On January 17, 2003, I served the foregoing document(s) described as:
SUBSTITUTION OF ATTORNEY- CIVIL
on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as
follows:
SEE ATTACHED MAILING LIST
a. [ X ] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach,
California. I am "readily familiar" with the firm's practice of collection and processing i
correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary
course of business, with postage thereon fully prepaid.. I am aware that, on motion of a party served,
service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after
date of deposit for mailing in the affidavit.
b. [ l BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully
prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above.
C. [ ]
BY DELIVERY BY HAND to the office of the addressee.
BY PERSONAL DELIVERY to the person(s) named above.
BY FAX TRANSMISSION TO NO.
f. [ ] BY ELECTRONIC TRANSMISSION IN WORD FORMAT to the persons named on
the attached mailing list.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on January 17, 2003, at Huntington Beach, California.
Thuy Vi��'
G':PLEAD.City v. HaughTirst Amended Petition.DOC 8
SO
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MAILING LIST
2
Bruce E. Peotter, Esq.
Wendy J. Phillips, Deputy
250 Newport Center Drive
Office of the County Counsel
3
Suite 200
County of Orange
4
Newport Beach, CA 92660
P.O. Box 1379
10 Civic Center Plaza
5
Santa Ana, CA 92702-1379
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G'TLEAD%Ciry v. ESaughTirst Amended Peliflnn.DOC
9
GOVERNMENT CODE
)r any reason, the council shall fill the vacancy by
s, it shall call an election to fill the vacancy to be
d not less than 114 days thereafter. A person
for the unexpired term of the former incumbent.
shed, the city council may subsequently submit to
ite the elective office of mayor, pursuant to the
tablish the procedure of selection of the mayor by
proposition are in favor of the elimination of the
i the expiration date of the incumbent's term, and
-or by the city council shall be reestablished.
y 29, 1993.)
,rences
dditional References
McKinney's Cal Dig Municipal Corporations §§ 259 et
seq., 315.
i voter of city
Ihe or she is at the time of assuming that office an
at the time nomination papers are issued to the
ns Code.
'utory Notes
I ences
I ^ences
ditional References
�IcKinney's Cal Dig Municipal Corporations §§ 197
198.
isions
mcd appointed defendant to the office after declaring it
ant on the basis that the incumbent was no longer a
ident of the city. 79 Op Atty.Gen. 21, April 11, 1996.
3
RS
GOVERNMENT CODE
Section
36502. Councilmember, clerk or treasurer;
qualifications; vacancy upon nonresi-
dence; term limits; electoral approv-
al.
36502.5. City of Tustin; city council; term limita-
tion ordinance; submission to voters.
36503. General election; elective officers; term.
§ 36501. Governing officers and employees
§ 36502
Section
36503.5 to
36504. Repealed.
36504.5.
Repealed.
36512.
Vacancies; fill by appointment or special
election; term; ordinances governing
appointments or elections; restric-
tions.
36512.1 to 36512.3. Repealed.
36512.5.
Repealed.
36513.
Council member; vacancy for absence.
The government of a general law city is vested in:
(a) A city council of at least five members.
(b) A city clerk.
(c) A city treasurer.
(d) A chief of police.
(e) A fire chief.
(f) Any subordinate officers or employees ' ' ' provided ' ` ' by law.
(Amended by Stats.2000, c. 506 (S.B.1350), § 20.)
Historical and Statutory dotes
2000 Legislation cal and Statutory Notes under Business and Professions
Short title and legislative findings, declarations and Code § 14482.
intent relating to Stats.2000, c. 506 (S.13.1350), see Histon-
Library References
Legal Jurisprudences Additional References
56 elm Jur 2d Municipal Corporations, Counties, and McKinney's Cal Dig Municipal Corporations §§ 268 et
Other Political Subdivisions §§ 147, 231 et seq. seq.
Notes of Decisions
2. Dual office holding
The positions of police chief and city manager of the
Citvof San Jacinto are incompatible public offices. 81
Op_ Atty.Gen. 304, 9-30-98.
The holding simultaneously of the positions of South
Gate Citv Treasurer and Central Basin Municipal Water
§ 36501.5. Right to inspect records
District Director presents substantial questions of fact
and law concerning the application of the incompatible
public offices doctrine that warrants the granting of leave
to sue in quo warranto. 80 Op.4tty.Gen. 242. Sept. 29,
1997.
Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor
Code
(Added by Stats.2000, c. 886 (S.13.1327), § 8.)
Historical and Statutory Notes
1 2000 Legislation
Stats 2000, c. 886, § 12, provides:
"SEC. 12. In adding Sections 36501.5 and 53060.3 to,
and in repealing and adding Section 31011 of, the Govern-
ment Code by this act, it is the intent of the Legislature
that those sections, in addition to applying to a general
law city or county, as appropriate, also apply to a charter
city or a charter county, including a city and county. The
Legislature further finds and declares that the right of
employees to inspect personnel records is a fundamental
right of employment and, as such, constitutes an issue of
statewide concern and is not a municipal affair."
kL § 36502. Councilmember, clerk or treasurer, qualifications; vacancy upon nonresidence; term
limits; electoral approval
Aion (a) A person is not eligible to hold office as ' ` councilmember, city clerk, or city treasurer unless he
-01.5. Right to inspect records. or sRe is at the time of assuming the office an elector oTtFe city, and was a registered voter of the city at
Ine; deletions by asterisks * * ' Additions or changes Indicated by underline; deletions by asterisks
197
§ 36502 GOVERNMENT CODE
GOVERNMENT CODE
the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections
deemed to preempt them. Cawdrey v. City of Reds
Code.
Beach (App. 2 Dist. 1993) 19 Cal.Rptr.2d 179, 15
If, during his or her term of office, he or she moves his or her place of residence outside of the city
AppAth 1212, as modified.
power of law city to impose term limit
limits or ceases to be an elector of the city, his or her office shall immediately become vacant.
general
members was preempted by statute requ
(b) Notwithstanding any other provision of law, the cite council of a general law or charter city may
council
council member to be elector and registered voter of
statute making office vacant because of failure to a'
for forfeiture of <
adopt or the residents of the cite may propose, by initiative a proposal to limit or repeal a limit on the
number of terms a member of the city council may serve on the city council, or the number of terms an
meetings and statute prodding
upon conviction of felon' and certain misdemeanors,
though statute requiring member to be elector and
was phrased in the negative. Polls v. City of La 1
(App. 4 Dist. 1992) 12 Cal.Rptr.2d 322, 10 CalAppAt
Ordinance of general law city limiting city council ;
bers to two consecutive terms was preempted b}
§ 36502.5. City of Tustin; city council; ter
Notwithstanding the provisions of Section
elected mayor may serve. Any proposal to limit the number of terms a member of the city council may
serve on the city council, or the number of terms an elected mayor may serve Shall apply prospectively
only and shall not become operative unless it is submitted to the electors of the city at a regularly
scheduled election and a majority of the votes cast on the question favor the adoption of the proposal
Notwithstanding the provisions m of this subdsion the provisions of any city charter that on Januan• 1
1996, impose limitations on the number of terms a member of the city council may serve on the city
council, or the number of terms an elected mayor may serve shall remain in effect Unless otherwise
prohibited by a city charter, any city charter may be amended pursuant to this section or pursuant to the
procedures specified in the charter, to include the limitation authorized in this suhdiyision.
(.Amended by Stats.1994, c. 92,3 (S.B.FA6), § 71: Stats.1995, c. 432 (S.B.2), § 5.)
ordinance a proposal to limit the number of
council without submitting the proposal to thf
Historical and Statutory Notes
containing those same provisions was submi
1994 Legislation 1995 Legislation
scheduled election and a majority of the votes
The 1994 amendment made technical and nonsubstan- Section i of Stats.1995, c. 432 (S.B.2), provides:
tive changes to conform with reorganization of the Elec-
Any ordinance adopted pursuant to this sec
tions Code by Stats.1994,c.920 (S.B.HA 7). "The enactment by the Legislature of this act shall not
section.
Subordination of legislation by Stats.1994, c. 9`L9 (S.B. prejudice the legal claims made by any party to any legal
(Added by Stats.1996, c. 310 (S.B.1421), § 1.)
1546). see Historical and Statutory Notes under Code of action concerning Proposition 140 of the November 6,
Civil Procedure § 203, 1990, statewide general election."
§ 36503. General election; elective officer
Unless otherwise required by Section 5737E
Library References
date prescribed by Section 1301 of the Elec
ALR Library 56 Am Jur 2d Municipal Corporations, Counties, and
elective city offices shall be filled by the cit
Validity of requirement that candidate or public officer Other Political Subdivisions §§ 246 et seq.
holding elective city office shall hold office
by
have been resident of governmental unit for specified Treatises and Practice Aids
installation of officers following adoption
their successors are elected and qualified.
period. 65 ALR3d 1048. Witldn, Summary (Ali ed) Const Law § 797.
Legal Jurisprudences Additional References
(Amended by Stats.1988, C. 1172, § 1; Stat:
1143 (S.B.1200), § 70, eff. Sept 30, 1996.)
McKinnev's Cal Dig Municipal Corporations §§ 268 et
Cal Jur 3d Muni §§ 102, 222, 225.
seq.
Historic:
Notes of Decisions
1988 Legislation
In general k
officials, where official ballot pamphlet stated that existing
P P g
se The 19amendment substituted "573i9" for"35
the first sentence.
Preemption 4
term limits would be "retained," it did not disclose that an
Vacancy upon nonresidence 5
omission of the exception would prevent seven of 15
incumbent city council members from completing their
!. In general
current terms in office, and it did not set forth the full
text of the amended and pre -amendment provisions. Woo
Date of general municipal election, see Electior.
Extrinsic evidence was admissible to determine the
vSuperior Court (App. 2 Dist. 2000) 100 Cal.Rptr.2d 156,
§ 1301.
General regulations governing elections in cid
intent of voters regarding city charter amendment that, f
83 Cal.A 4th 967.
pp'
Elections Code § 10200 et seq.
given its literal meaning in omitting the previous charter's
1. Residence —In general
exception of terms of office before a certain date from the
two -term limit for elected city officials, would produce the
An individual, whose residence is situated on both sides
l,j
absurd and unreasonable consequence of preventing seven
of a city's boundaries and whose principal dwelling is
of 15 incumbent city council members from completing
located on that portion of the property outside the cities
boundaries, may occupy the office of city council member.
Legal Jurisprudences
their current terms in office, leaving the council without a
quorum and completely disabled until new council mem-
/9 Op.Attv.Gen. '?a:1, November 20, 1996.
Cal Jur 3d Elect § 11; Muni §§ 168, 223.
hers could be appointed or elected. Woo c. Superior
4, Preemption
56 Am Jur 2d Municipal Corporations. Count
Other Political Subdivisions §§ 148, 249 et seq
Court (App. 2 Dist. 2000) 100 Cal.Rptr.2d 156, 83 Cal.
App.4th 967."municipal
provision in city charter limiting terms of council mem-
The right to hold public office is a fundamental right of
me nts, wasaffair"
ven though there walapparent reach of state enact-
gingfoconflict between
Pe
§§ 36503.5 to 36504. Repealed by Stats.l9
citizenshi that can be curtailed only if the law clearly so
p
provision and state statutes setting forth eligibility re -
provides. Woo v. Superior Court (App. 2 Dist. 2000)100
quirements for local offices for cities governed by munici-
Historic
Cal.Rptr.2d 156, 83 CalApp.4th 967.
Voters who adopted city charter amendment did not
pal legislation rather than charter, which allegedly estab-
fished legislative intent to preempt local regulations for all
Section 36503.5 was amended by Stats.1994,
intend the amendment's literal meaning in omitting the
cities; charter city's term limits on council members was
(S.B.1546), § 72, prior to repeal•
previous charter's exception of terms of office before a
not statewide concern, as required before state statutes
Section 36503.7 was amended by Stats.1994,
certain date from the two -term limit for elected city
not directly in conflict with eharter provisions would be
(S.13.1546), § 73, prior to repeal.
Additions or changes indicated by underline; deletions by asterisks * * *
Additions or changes Indicate
198
t
•
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Gait Hutton
,City Attorney
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Fife • rVC LPN1��
Name:
Date: + cn
Received By: City Attorney's office
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(if applicable)
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Police- Officers' Association
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USE OF THIS DELIVERY TICKET COFd5TITUTE YO[lA CONTRACT OF
CARRIAGE WITH EXPRESSAIR MESSENGER, INC- EXPRESSAIR'S
LIABILITY FOR LOSS OR DAMAGE, INCLUDING NEGLIGENCE, IS
LIMITED TO S25000 UNLESS A GREATER VALUE IS DECLARED AT
TIME OF ORDER. SEE REVERSE SIDE FOR CONDITIONS.
Check Applicable
L DELIVERY
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Bruce E. Peotter, Esq. Bar No. 1498
250 Newport Center Drive, Suite 20
Newport Beach, California 92660
Telephone: (949) 721-0013
Facsimile. (949) 644-4890
e
Attorney for Petitioner
JOSEPH A. JEFFREY
CITY OF HUNTINGTON BEACH
7 OFFICE OF THE CITY CLERK
MEbIORAN!) TM OF SERVICE
SERVED ON: �-C�S ...............
ROCESS SERVeR
DATE: t N' L
ME: lt.
SUPERIOR COURT OF THE STA E=A]
FOR THE COUNTY OF ORANGE
JOSEPH A. JEFFREY,
an individual,
Petitioner,
vs.
HUNTINGTON BEACH CITY COUNCIL,
CONNIE BROCKWAY, HUNTINGTON
BEACH CITY CLERK.
Respondents.
rbu C
FILED -
ORAKE COUNSY SUPERIOR COURT
'AUG 1 4 2002
AIAN SLATER. ExcAk Officer/Clerk
It rte. f 2
BY L. PICKRELL
n
Case No. 02CC17811
ASSIGNED FOR ALL PURPOSES TO
HON. DENNIS S. CHOATE
PETITIONER'S EX PARTE
APPLICATION FOR ISSUANCE OF
WRIT OF MANDATE;
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
PETITION FOR WRIT OF MANDATE;
DECLARATION OF JOSEPH A.
JEFFREY IN SUPPORT THEREOF
(Petition filed August 13, 2002 pursuant to
Code of Civil Procedure §§ 1085; Elections
Code §§ I415, 9255; 13307 and Government
Code §36502(b))
Date: August 15, 2002
Time: 9:00 a.m.
Courtroom: C24
1
PETITIONER'S EX PARTS APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
go
1
I, Bruce Peotter, hereby declare as follows:
2 1. I am the attorney for Petitioner JOSEPH A. JEFFREY ("JEFFREY"). JEFFREY and
3 other proponents of the Fair Apportionment and Individual Representation ("FAIR") Charter
4 Amendment and the voters of the City of Huntington Beach will be irreparably harmed by
5 Respondents' action of illegally delaying the election on FAIR until March 2, 2004 instead of placing
6 FAIR on the November 5, 2002 ballot (the next regularly scheduled municipal election), in accordance
7 with California Government Code § 36502(b) and Election Codes §§ 1415 and 9255. Moreover, the
8 proponents and voters will be harmed because the Respondents placed FAIR on a ballot that is a
9 special election that would invalidate the FAIR Charter Amendment.
10 2. JEFFREY applies ex parte for issuance of a Writ of Mandate, or in the alternative, an
I 1 alternate Writ of Mandate and Order to Show Cause requested in his Petition filed on August 13, 2002
12 will, and hereby does move the court for an order issuing a writ of mandamus requiring Respondents
13 HUNTINGTON BEACH CITY COUNCIL and CONNIE BROCKWAY, the Huntington Beach City
14 Clerk, to place the FAIR Charter Amendment on the ballot for the regularly scheduled municipal
15 election to be held on November 5, 2002, and setting a briefing schedule and a hearing date for a
16 peremptory Writ of Mandate no later than August 20, 2002 for this matter. This Application and Writ
17 are made on the grounds that a Writ of Mandamus is the appropriate remedy and California
Government Code § 36502(b) and Election Codes §§ 1415 and 9255 require the election to be held on
18
November 5, 2002.
19
3. This application is made with service on Respondents via personal service because of
20 the immediate need for the Writ of Mandate to be issued, including a possible briefing schedule and
21 hearing date so this matter may be resolved as soon as possible to permit FAIR Charter Amendment to
22 The placed on the November 5, 2002 ballot, which is the next regularly scheduled municipal election in
23 Huntington Beach, in accordance with California Government Code § 36502(b) and Election Codes
24 §§ 1415 and 9255.
25 4. If this ex parte relief is not granted, Petitioner and other voters will be irreparably
26
2
27
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
09
1 harmed in that voters will be denied their right to timely vote on FAIR on the November 5, 2002 ballot.
2 5. This Ex Parrte Application is based on the Petition for Writ of Mandamus, this
3 Application, the accompanying Memorandum of Points and Authorities and Declaration of Joseph A.
4 JEFFREY, the proposed Alternative Writ of Mandate and the pleadings and other documents on file in
5 this action, and upon such oral and documentary material as shall be presented to the court at or before
6 Ithe hearing.
7
8
��
10
11
12
13
14
15
16
17
18!
19
20
21
22
23
24
25
26
27
6. On August 13, 2002 at approximately 4.55 p.m., I spoke with Jean Sharpe in the City
Attorney's Office for the City of Huntington Beach and separately left a detailed voicemail message for
and then spoke with Respondent Connie Brockway and informed them that there was an ex pane
hearing set for August 15, 2002 at 9:00 a.m. for this motion in Courtroom C24 before the Honorable
Dennis S. Choate. I informed them of the relief sought and did not get any indication if any opposition
was expected.
I declare under the penalty of perjury of the laws of the State of California that the foregoing is
true and correct.
Executed this 13th day of August, 2002, in Ir*e, California
3
E. PEOTR, ESQ. Bar No. 149807
for Petiti ner Joseph A. Jeffrey
28 1 PETITIONER'S EX PARTS APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
a
0 0
1
Memorandum of Points and Authorities
2
I. Introduction
3
4
Petitioner JOSEPH A. JEFFERY ("JEFFREY"), a registered voter in Huntington Beach and a
5 .resident of Huntington Beach for 30 years, brings this action to cause the Fair Apportionment and
6 Individual Representation ('FAIR') Charter Amendment to be placed on the November 5, 2002 ballot,
7 which is the next regularly scheduled municipal election in Huntington Beach, in accordance with
8
California Government Code § 36502(b) and Electron Codes §§ 1415 and 9255.
9
Respondent Huntington Beach City Council illegally used discretion in placing the FAIR
101
I I Charter Amendment on the March 2, 2004 ballot when it was a nondiscretionary ministerial act that
12 required placement on the November 5, 2002 ballot.
13 FAIR is a charter amendment initiative that was circulated by residents of Huntington Beach
14 and was duly certified by the City Clerk of the City of Huntington Beach on August 5, 2002. It was
15 timely filed and certified for placement on the November 5, 2002 regularly scheduled municipal
16
election. The City Council, contrary to law and the requests of the proponents refused to place the
17
18 FAIR Charter Amendment on November 5, 2002 ballot, but randomly chose to place it on a non-
19 regularly scheduled special municipal election.
20 1 The FAIR Charter Amendment amends Section 300 of the Huntington Beach City Charter
21 ("HB Charter") as to district elections, the number of districts and how long a councilmember would be
22 permitted to serve in a particular district.
23
This Court should order the FAIR Charter Amendment to be placed on the November 5, 2002
24
25 ballot for each of the fallowing reasons: (1) California Government Code § 36502(b) requires charter
26 amendments to be held at regularly scheduled municipal elections, (2) since FAIR was timely certified
4
27
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
•
•
I to be placed on the November 5, 2002 ballot, Election Codes §§ 1415 and 9255 require the City
2 Council to place it on the next regularly scheduled municipal election, and (3) the City Council did not
3
have discretion to place the FAIR Charter Amendment on the March 2, 2004 ballot because it was a
4
5 €nondiscretionary ministerial act requiring it to be placed on the November 5, 2002 ballot.
6 For these reasons which are set forth below in greater detail, JEFFREY respectfully requests
7 this Court issue a writ of mandamus that orders Respondents Huntington Beach City Council and
8 Connie Brockway, the Huntington Beach City Clerk to place the FAIR Charter Amendment on the
November 5, 2002 ballot.
10
II. Facts
11
12 On May 2, 2002, JEFFREY and other Huntington Beach residents commenced circulating the
13 FAIR Charter Amendment petitions for presentation to the voters of Huntington Beach on the
I4 November 5, 2002 ballot. See Declaration of Joseph A. Jeffrey ("Jeffrey Ded'), para., 3. The FAIR
15 Charter Amendment would amend Section 300 of the Huntington Beach City Charter as to district
16 elections, the number of districts and how long a councilmember would be permitted to serve in a
17 particular district. Jeffrey Dec], para. 3. On June 17, 2002, JEFFREY and other volunteers turned
18
petitions over to the City Clerk of Huntington Beach containing more than 22,000 signatures. Jeffrey
19
20 Dec], para. 5.
21 Pursuant to California Elections Code § 9255, a City Charter may be amended through a
22 petition signed by 15% of the registered voters in the City. Huntington Beach has 108,188 registered
23 voters. Fifteen percent of 108,188 equals 16,228 registered voters. Jeffrey Decl, para. 7, and Exh "B"
24 attached to the Petition. On or about July 16, 2002, the County Registrar of Voters certified that
25
16,768 signatures had been verified as being signatures of registered voters in the City of Huntington
26
27 5
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
AUG 14 2002 1:55PM HP t_ RJET 3200 P.
•
I Beach. Jeffrey Decl., pare. 6.
2 On July 18, 2002, the City Clerk wrote a letter to the proponent of the charter amendment that
3
"the petition was found to be sufficient." Jeffrey Dec], para. 8. Moreover, the City CIerk confirmed
4
5 that, "the petition that you submitted to amend the City Charter has been found to have a sufficient
6 number of signatures. Jeffrey Dec4 pars. 8 and Exh "C" attached to the Petition.
7 In order to qualify for the November 5, 2002, regularly scheduled election, the petition had to
8 qualify on a date that was more than 88 days from November 5, 2002. The data that is 88 days from
9 the November 5, 2002 regularly scheduled election is August 9, 2002. Pursuant to Article VII,
10 Section 700 of the Huntington Beach City Charter, the only regularly scheduled election date is "the
11
first Tuesday in November in each even numbered year", i.e., November 5, 2002. Jeffrey Dec), para.
12
13 10,
141 On August 5, 2002, the City Council held a regularly scheduled meeting to determine when to
15 place the duly certified FAIR Charter Amendment on the ballot. Jeffrey Dec), para. 11. Mark Bucher,
16 Jan attorney for the proponents of the initiative, in a letter dated August 5, 2002 and delivered to the
17 city attorney well before the City Council meeting, requested that the election for the FAIR Charter
18•
Amendment be held on November 5, 2002. Jeffrey Decl, para. 12. In addition, Bruce Peotter, an
19
20 attorney for the proponent, infbrmed the City Council during public comments concerning the FAIR
21 Charter Amendment that state law required the Huntington Beach City Council to put the FAIR
22 Charter Amendment on the November 5, 2002 ballot. Jeffrey Decl., para. 13.
23 Even though the HB Charter identifies November 5, 2002 as the next regularly scheduled
24 election date, tho City Council voted 6 to 1 to present the FAIR Charter Amendment to the voters a
25
year and a half later with a "special election" on.March 2, 2004. Jeffrey Decl, para. 14. Numerous
26
27 6
PETITIONER'S EX PARTS APPLICATION FOR ISSUANCE OF WRIT OF MANDAT9, MEMORANDUM OF
28 POINTS AND AUTHORITIES IIN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION OF
JOSEPH A. JEFFREY IN SUPPORT THEREOF
1 1 95% P.02
AUG-14--2002 14 : a8
I 1Ithe voters in a timely manner. Those reasons included giving the opponents time to file lawsuits
2 against the proposed charter amendment, and the claim that there were other important issues were on
3 the November 5, 2002 ballot, including four open seats for city council. Jeffrey Decl, para. 15.
4
The entire City Council for the City of Huntington Beach has stated its opposition to the
5;
6 proposed charter amendment. Councilman Ralph Bauer placed an item on the council agenda for the
7 purpose of "opposing" the charter amendment. Jeffrey Decl, para. 16. Councilman Bauer's motion
8 11 carried unanimous with a 7-0 vote, after it was changed to a "study" instead of an "opposition" motion
9 (presumably because opposition to an initiative by the City Council would violate California law. Jeffrey
10 Decl, para. 17. Councilman Bauer also made a $300 contribution to a committee organized for the
11
purpose of opposing the charter amendment ("Opposition Committee"). Jeffrey Decl, para. 18.
12
13 Councilman Bauer was one of the first contributors to the Opposition Committee with a $300
14 contribution on May 31, 2002. Jeffrey Dec], para. 18.
15 Voting delayed for the purposes of allowing opponents to file legal challenges is voting denied,
16 and is a violation of the ministerial duty to present the measure to the voters in a timely manner. The
17 conduct of the City Council in presenting the measure for the March 2, 2004 ballot for the benefit of its
18
opponents is an abuse of discretion and an unauthorized exercise of discretion the City Council is not
19
20 empowered to exercise.
21 III. Argument
22 A. Writ of Mandate Is The Appropriate Remedy For Petitioner'
23 California Elections Code § 13314(a)(1) states that any "elector may seek a writ of mandate
24 alleging that an error or omission has occurred, or is about to occur, in the placing of any name on, or
25
in the printing of, a ballot, sample ballot, voter pamphlet, or other official matter, or that any neglect of
26
7
27
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
*I*
I duty has occurred, or is about to occur." "A peremptory writ of mandate shall issue only upon proof
2 of both of the foilowing: (A) that the error, omission, or neglect is in violation of this code or the
3
Constitution, and (B) that issuance of the writ vfnll not substantially interfere with the conduct of the
4
5 election. (3) The action or appeal shall have priority over all other civil matters." Id.
6 California Code of Civil Procedure §§ 1085-1089 provides that a writ of mandate may be
7 issued by any court to compel the performance of an act that the law specially enjoins where there is
8 not a plain, speedy, and adequate remedy at law.
9 It will be demonstrated to the court that the Respondents erred in placing the FAIR Charter
10 Amendment on the March 2, 2004 ballot instead of the November 5, 2002 ballot. Moreover,
11
correcting the error at this time will not interfere with the conduct of the election. Finally, Petitioner is
12
13 an elector registered to vote in the City of Huntington Beach. Jeffrey Decl. Para. 1.
14 B. The Huntington Beach City Council is Re__ ug� ired to Place FAIR On The November
5.2002 Ballot.
15
1. Res ondents Violated Government Cade 36502 b That Re wires Term
I6 Limit Initiatives To Be Submitted to Vottrs At A Regularly Scheduled
17 Municioal Election,
18 California Government Code_§ 36502 (b) states that:
19 "(b) Notwithstanding any other provision of law... the residents of the city
20 may propose, by initiative, a proposal to limit or repeal a limit on the number of terms
a member of the city council may serve on the city council, or the number of tenns an
21 elected mayor may serve. Any proposal to limit the number of terms a member_of
the city council may serve on the city council, or the number of terms an elected
22 mayor may serve, shall apply prospectively only and shall not become operative
unless it is submitted to the electors of the city at a remiarly scheduled election
23 and a majority of the votes cast on the question favor the adoption of the proposal .. .
24 Unless otherwise prohibited by a city charter, any city charter may be amended
pursuant to this section or pursuant to the procedures specified in the charter, to
25 include the limitation authorized in this subdivision." (Emphasis added).
26 Section 700 of the FIB Charter states that "[g]eneral municipal elections shall be held in
27 8
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28
OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
1 the City on the first Tuesday in November in each even numbered year." (Emphasis added.) Jeffrey
2 Decl., para. 10. Section 701 of the BB Charter states that all other municipal elections "may" be held
3
and shall be known as special municipal election.
4
Since, the FAIR Charter Amendment is a proposal to limit the number of terms a
5
6 member of the city council may serve and the only "regularly" scheduled city election in Huntington
7 Beach is held on the first Tuesday in November, the City Council violated Government Code §
8 36502(b) by placing the FAIR Charter Amendment on the March 2, 2004 ballot, which is a special
9 municipal election.
10
11
2. Elections Code & 1415 Requires FA3R To Be Placed On The November 5,
12 2002 Ballot.
13 The Huntington Beach City Charter states, in Section 702, that all elections are to be
I4
held in accordance with the California Election Code. California Election Code § 9255 gives the City
15
16 Council the authority to exercise its "nondiscretionary ministerial act" and place a duly qualified charter
17 amendment on the ballot. See Stein v City of Santa Monica, 110 Cal.App.3d 458, 461 (1980)_
18 Elections Code § 1415 states when a City Council can place a duly qualified charter amendment on the
19 lballot as follows:
20 1 "... charter proposals that qualify pursuant to section 9255 shall be submitted to the
21 voters at either the neat regular municipal election occurljne not less than 88 days
after the date of the order of election, or at a special election called for that purpose or
22 on any established election date pursuant to section 1000 occurring not less than 88 days
23 after the date of the order of election." (Emphasis added.)
24 The City Council ordered the election for the FAIR Charter Amendment at a
25 meeting on August 5, 2002, 93 clays before the next regularly scheduled election. Unfortunately,
26 the City Council ordered the election for March 2, 2004 and not November 5, 2002 as required by
27 9
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
40
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21�
2211
Section 1415. To place it on the ballot on March 2, 2004 also ignores Government Code §
13 6502(b) that requires a charter amendment affecting term limits to only occur at regularly
scheduled municipal elections. Taking these two statutes together there was only one date,
November 5, 2002, on which the FAIR Charter Amendment could be placed on the ballot. This
lalone justifies issuing a writ of mandate ordering the City to place the FAIR Charter Amendment
on the November 5, 2002 ballot.
The City's interpretation of Section 1415 that it could place the FAIR Charter
Amendment on any ballot other than November 5, 2002 is ludicrous. The State Legislature would not
reasonably provide the City Council with the right to delay an election beyond the next regularly
scheduled municipal election. This reading of Section 1415 would deprive voters of the opportunity to
on a measure as soon as possible and at the next regularly scheduled election. This reading makes
a mockery of the Electrons Code and would necessarily mean that a city council is empowered to skip
regularly scheduled elections in perpetuity. Thus, under the City's logic and reading of section I415,
and under the facts of this case, the Huntington Beach City Council could call for a special election in
2006 or 2008. This reading of section 1415 creates an absurdity of the Elections Code that cannot be
permitted.
The voters who signed the FAIR Charter Amendment petitions and voters generally will be
irreparably harmed by delaying the FAIR Charter Amendment election beyond the November 5, 2002
Irreparable harm will occur due to the fact that any vote taking place in a special election is
23 invalid pursuant to Government Code Section 36502(b). Moreover, voting delayed for the purposes of
24 allowing opponents, including councilman Ralph Bauer, to file lawsuits and otherwise prepare for
25
opposition to the measure is voting denied.
26
10
27
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEF'FREY IN SUPPORT THEREOF
1 3. Placing The FAIR Charter Amendment On The March 2, 2004 Ballot
2 Instead Of The November 5, 2002_ Ballot Was Illegal Because Placement on
The Ballot Is A Nondiscretionary Ministerial Act,
3
The Huntington Beach City Council's mistake with respect to Government Code
4
5 Section 36502(b) was compounded by the fact that the City Council abused its discretion in randomly
6 placing the FAIR Charter Amendment on the March 2, 2004 ballot instead of the November 5, 2002
7 ballot, as requested by proponents. In Stein v. City of Santa Monica, i 10 Cal.App.3d 458, 461
8 (1980), the Court stated that placing a charter amendment on the ballot "qualifies as a
9 nondiscretionary ministerial act." The Court added that the charter amendment `vas the result of its
10
sponsors qualifying the measure by the filing of a legally sound petition and was properly certified to
II
the electorate by the city. City [Council] had no discretion to do otherwise. Under the circumstances
12
13 city was the agent for the sponsors rather than vice versa."
14 In this case, the Huntington Beach City Council could have taken a simple
I5 ministerial act and placed the FAIR Charter Amendment on the November 5, 2002 ballot as the
16 proponents requested, and as the law requires. Instead, it failed to act as agents for the
17
proponents and used its discretion, tainted by obvious bias against the FAIR Charter Amendment,
18
to cause a costly special election and bypass a regularly scheduled municipal election. This illegal
19
20 act will deny voters and petition signers the opportunity to vote on an issue that many thousands
21 of Huntington Beach voters deemed important enough for an election.
22 Stein and the Government and Elections Code make it clear that the City Council
23 was required to place the FAIR Charter Amendment on the November 5, 2002 ballot. Since the
24 Huntington Beach City Council wrongfully placed the FAIR Charter Amendment on the March 2,
25
2004 ballot, a writ of mandate should be issued that orders Respondents to place the FAIR
26
27 11
28 1 PETITIONER'S EX PARTS APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
I Charter Amendment on the November 5, 2002 ballot.
2 IV. Conclusion
3
Based on the foregoing, Petitioner respectfully requests that this Court issue a writ of mandate
4
5 requiring the Respondents to place the FAIR Charter Amendment on the ballot for the November 5,
6 2002 municipal election.
7 Dated: August 13, 2002
8 Ir z
9 CE E. PEOT R, ESQ. Bar No. 149807
Attorney for Petitioner
4
10 Joseph A. Jeffrey
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
27 2
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
1
DECLARATION OF JOSEPH A. JEFFR.EY IN SUPPORT OF PETITION FOR WRIT OF
2
MANDAMUS
3 1, Joseph A. Jeffrey, declare:
4
5 If called to testify, I would and could testify with personal knowledge as to the following:
6 1. I am a registered voter in the City of Huntington Beach and I have been a resident of
7
Huntington Beach for more than 30 years. I currently reside at 19371 Maidstone Lane,
8
4 Huntington Beach, California.
10 2. The FAIR Charter Amendment is a charter amendment initiative that was circulated by
I 1 residents of Huntington Beach. FAIR is an acronym for Fair Apportionment and
12 Individual Representation. I was a volunteer circulator for the FAIR Charter Amendment
13 petition.
14
3. On May 2, 2002, I, along with many other Huntington Beach residents commenced
15
16 circulating the FAIR Charter Amendment petitions for presentation to the voters of
17 Huntington Beach on the November 5, 2002 ballot. The FAIR Charter Amendment would
18 amend one Section 300 of the Huntington Beach City Charter as to district elections, the
19 number of districts and how long a council member would be permitted to serve in a
20 particular district.
21
4. I spent hundreds of hours circulating the petition by standing in front of Albertson's
22
23 Supermarkets, Wal Mart, Home Depot and by walking door to door in neighborhoods in
24 the City of Huntington Beach.
25 5. On June 17, 2002, I, along with several other volunteers turned petitions over to the City
26 Clerk of Huntington Beach containing more than 22,000 signatures.
27 13
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
40
rI
1 6. On or about'July 16, 2002, the. County Registrar of Voters certified that 16,768 signatures
2 had been verified as being signatures of registered voters in the City of Huntington Beach.
3
A true and correct copy of the Certification is attached to the Petition as Exhibit "A".
4
57. Although the Registrar of Voters had 621 more signatures to count, she stopped counting
,
6
at 16,768 valid signatures. A true and correct copy of Request For Action from Citv Clerk
7 C'ngnie Brockway, is attached to -the Petition as Exhibit "B".
8 8. On July 18, 2002, the City Clerk wrote a letter to the proponent of the charter amendment
9 that "the petition was found to be sufficient." Moreover, the City Clerk confirmed that,
10
"the petition that you submitted to amend the City Charter has been found to have a
11
12 sufficient number of signatures. A true and correct copy of the letter dated July 18, 2002 is
13 attached to the Petition as Exhibit "C".
14 9. At the City Council held on August 5, 2002, the City Attorney was present and referenced
15 research that her office conducted with respect to election dates. A true and correct copy of
16 Inter -Department Communication from the City Attorney to the City Clerk, dated July 31, j
17
2002, is attached to the Petition as Exhibit "D". The city attorney stated specifically that,
18
19 "The City Council ... can set the Charter Proposal for the November 5, 2002 election."
20 10. Pursuant to Article VII, Section 700 of the Huntington Beach City Charter, the only
21 regularly scheduled election date is "the first Tuesday in November in each even numbered
22 year", Le., November 5, 2002. A true and correct copy of the Section 700 of the
23 Huntington Beach Charter is attached to the Petition as Exhibit "E".
24
11. On August 5, 2002, the City Council held a regularly scheduled meeting to determine
25
26 when to place the duly certified FAIR Charter Amendment on the ballot. I attended that
27 14
28 I PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR V4`RIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
.P 4P
I meeting which was held at City Hall.
2 12. Mark Bucher, an attorney for the proponents of the initiative, in a letter dated August 5,
3
2002 and delivered to the City Council, the City Attorney, and the City Clerk well before
4
5 the City Council meeting, requested that the election for the FAIR Charter Amendment be
6 held on November 5, 2002. The Bucher letter was referenced several times during the
7 council meeting on August 5, 2002. A true and correct copy of the Bucher letter is
8 attached to this declaration as Exhibit "1 ".
9 13. Bruce Peotter, an attorney for the proponent, informed the City Council during public
10
continents on August 5, 2002, concerning the FAIR Charter Amendment that state law
11
12 required the Huntington Beach City Council to put the FAIR Charter Amendment on the
13 November 5, 2002 ballot.
14 14. Even though the Huntington Beach City Charter identifies the first Tuesday in November
15 in even numbered years as the regularly scheduled election date, the City Council voted 6
16 to 1 to present the FAIR Charter Amendment to the voters a year and a half later with a
17
"special election" on March 2, 2004. A true and correct copy of the Action Agenda for
18
19 August 5, 2002 is attached to the Petition as Exhibit "F".
20 15. Numerous reasons were provided by the council members for the maneuver that delayed
21 presentation of the FAIR Charter Amendment to the voters in a timely manner. Those
22 reasons included giving the opponents time to file lawsuits against the proposed charter
23 amendment, and the claim that there were other important issues were on the November 5,
24
2002 election, including candidates running for four open seats.
25
26 16. The entire City Council for the City of Huntington Beach has stated its opposition to the
27 15
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDU:II
28 OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
1
2
3
4
5
6
7
8
9
10
11
12.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
proposed charter amendment. Councilman Ralph Bauer place an item on the council
agenda for the purpose of "opposing" the charter amendment. A true and correct copy of
the Action Agenda for the April 15, 2002, City Council meeting is attached to the Petition
as Exhibit "G".
17. Councilman Bauer's motion carried unanimous with a 7-0 vote, after it was changed to a
"study" instead of an "opposition" motion presumably because opposition to an initiative.
by the City Council would violate California law.
18. Councilman Bauer also made a $300 contribution to a committee organized for the
purpose of opposing the charter amendment ("Opposition Committee"). A true and
correct copy of Form 460 of Committee named C'iti7ens Against PoLwer Pnlitics, attached
to the Petition as Exhibit "H". Councilman Bauer was one of the first contributors to the
Opposition Committee with a $300 contribution on May 31, 2002.
19. A true and correct copy of the FAIR Charter Amendment that was circulated in the City of
Huntington Beach from May 2, 2002 to June 17, 2002 is attached hereto as Exhibit "21'
.
I declare under the penalty of perjury of the laws of the State of California that the
foregoing is true and correct.
Executed this 13`h day of August, 2002, ii
16
PETITIONER'S EX PARTE APPLICATION FOR ISSUANCE OF WRIT OF MANDATE; MEMORANDUM
OF POINTS AND AUTHORITIES IN SUPPORT OF PETITION FOR WRIT OF MANDATE; DECLARATION
OF JOSEPH A. JEFFREY IN SUPPORT THEREOF
•
•
EXHI 7f L S6199
•Mark W. Bucher
ATTORNEY AT LAW
Via Fax
August 5, 2002
Mayor Cook and City Councilmembers
City of Huntington Beach
2000 Main Street, 2"d Floor
Huntington Beach, CA 92648
Re: Agenda Item F-3 and John Erskine Letter Dated July 31, 2002
Dear Mayor Cook and City Councilmembers:
V
CAM
6-��
I am an election law attorney representing the Huntington Beach F.A.I.R.
Districts Charter Amendment Committee. Yesterday I received a copy of a letter dated
July 31, 2002, authored by John Erskine purporting to explain substantive election law to
the City Council. Mr. Erskine claims to represent a committee formed to oppose the
F.A.I.R. Districts Charter Amendment. My understanding is that this committee was
formed at the leading and direction of Councilmember Ralph Bauer.
With regard to the Erskine letter, I would not normally respond to a letter that is
so self-serving and presented by a land use attorney who regularly lobbies the City of
Huntington Beach for development projects. Nonetheless, the letter is placed
prominently on your agenda as if it should have more weight than is otherwise due. The
F.A.I.R. committee was concerned that silence on the content of the letter could be
construed as an admission somehow that his letter contains any substantive accuracy with
respect to election law.
The Erskine letter and the motives of the group he represents are really quite
transparent. Councilman Bauer is the leader of this group and he has engaged in every
effort to derail the proposed charter amendment, starting with a motion to the City
Council in April of this year to create a committee to oppose the measure. With the
letter, the group is engaging in political opposition to the charter amendment and
masquerading that opposition as a substantive legal opinion. The letter, however, is a
sham designed to mislead the City Council, create litigation, and achieve their goal of
denying the voters in Huntington Beach the opportunity to vote on the proposed charter
amendment on November 5, 2002. I trust that you will not succumb to these political
tactics by denying the voters an opportunity to vote on the proposed charter amendment
on November 5, 2002.
�q7�-: CD M MV,N tC41 (D N
18001 Irvine Blvd., Ste 105 • Tustin, CA 92780�
Voice: (714) 573-2201 * Facsirnile: (714) 573-2295
3
Email: rnarkb@ernployers-resource.com
You should also know that I drafted the language that was submitted to the City
Clerk regarding the petition referenced in Agenda Item F-3 and am therefore uniquely
qualified to address the assumptions, patchwork of guessing, and erroneous legal analysis
by Mr. Erskine. Each item raised in Mr. Erskine's letter is addressed specifically below.
L Elections Code Section 21620
Mr. Erskine opines that the proposed charter amendment violates Elections Code
Section 21620 in a variety of ways. His opinion, however, is incorrect. Section 21620 of
the Elections Code specifically provides that, "districts shall be as nearly equal in
population as may be according to the latest federal decennial census." Mr. Erskine
claims,
The charter amendment proposal thereupon violates the letter and spirit of
Election Code section 21620 by failing to base the establishment of
districts either on (a) the latest federal decennial census or, (b) the federal
mid -decade census or the official census of the city, if the city charter so
provides.
Mr. Erskine is apparently unaware of the fact that the proposed charter
amendment was drafted using the latest federal decennial census of 2000. The
assumptions to the contrary and, therefore, the legal opinions based thereon, are incorrect.
Mr. Erskine is also incorrect in suggesting that Elections Code Section 21620 was
violated because the districts are not "nearly equal in population as may be according to
the latest federal decennial census." The 2000 federal decennial census established that
there are 189,594 people living in Huntington Beach. If five districts are created for
Huntington Beach, the average number of people in each district would be 37,919. The
five districts in the proposed charter amendment have the following number of people in
each district:
Disuict 1:
37,797
District 2:
38,723
District 3:
38,707
District 4:
37,945
District 5:
361432
The foregoing numbers reflect the rule that in establishing "nearly equal
population" for each district, the numbers cannot exceed a 10% variation from the
average for the districts (Le. the numbers cannot be 5% over or under the average). With
the foregoing numbers, the greatest deviation from the average of 37,919 is District 5
which has 36,432 people, or a 3.9% deviation. Thus, we used the 2000 federal decennial
census and complied with the specific requirement in the Elections Code that the districts
shall be "nearly equal in population."
Mr. Erskine's final assertion with respect to Elections Code Section 21620, is that
we failed to consider the four factors listed in Section 21620, lie., (1) topography, (2)
geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4)
community of interest of the districts. Section 21620 of the Elections Code states that the
drafters of district boundaries "may give consideration" to the four factors listed above.
The word "may" is obviously a permissive word. The drafters of district boundaries are
not required to utilize the four factors listed above. Mr. Erskine's opinion that the
Elections Code vw violated for failure to use the four factors is incorrect.
Apart from the erroneous legal opinions relating to the Elections Code, the logic
used in the letter is also fraught with error. The letter states that the use of the four
factors `obviously has not been done in the case of the charter amendment's initial
establishment of districts, since the petition contains no reference to any of these factors."
The absence, however, of any mention in the petition of the four factors does not mean
the factors were not used. Indeed, the factors were used in establishing the proposed
districts.
In short, the proposed charter amendment is in full compliance with Elections
Code Section 21620. Mr. Erskine's legal opinions to the contrary are so off base that
they appear to be a deliberate attempt to mislead the City Council.
II. Federal Voting Rights Act of 1965
The Erskine Ietter raises the specter that somehow the proposed charter
amendment violates the Federal Voting Rights Act of 1965. Mr. Erskine states,
However, the subject proposal to divide Huntington Beach into five
districts must also comply with applicable provisions of the Federal
Voting Rights Act of 1965.
Although Mr. Erskine raises the issue of the Voting Rights Act as if there is some
violation, he does not state how the proposed charter amendment violates the Act.
Nonetheless, the proposed charter amendment is in full compliance with the Act.
The Voting Rights Act of 1965 relates specifically to the "Denial or abridgment
of right to vote on account of race or color through voting qualifications or prerequisites."
Typical litigation concerning the Voting Rights Act occurs when district lines are
designed to deprive minority groups the opportunity to have minority representation on
the legislative body. Specifically, the Act provides a vehicle for challenging
discriminatory election methods such as at -large elections and racially gerrymandered
districting plans.
As you know, the City of Huntington Beach has a growing Latino population that
is by far the largest minority group in Huntington Beach. District four in the proposed
charter amendment is 32% Latino. That number reflects the Latino population of
California. The suggestion or implication that minority groups are disenfranchised by the
proposed charter amendment has no basis in law or fact.
III. Notice of Intent
Mr. Erskine's letter also claims that the Notice of Intent contains "insidiously"
false and misleading information. In determining whether a petition is defective because
of errors in the notice of intent, the issue is whether the information in question is
substantive (as opposed to technical), whether the information is material, whether the:
information is intentionally wrong, whether the information is false, and whether the
information is designed to mislead a reasonable voter into signi%a petition. See
generally, San Francisco Forty Niners v. Nishioka, 75 CaI.App.4 1417 (1999).
Mr. Erskine takes issue with the statement that, "Citywide elections have resulted
in Couneilmembers being elected with only 12% of the vote." In the 2000 election, one
of the current eouncilmembers was elected with 11.9% of the vote. This information
comes directly from the County Registrar of Voters. See, Exhibit "1" attached hereto.
Mr. Erskine attempts to contort the 12% figure by making a distinction between
"persons casting ballots" and "total votes cast," and he concludes that the 12% figure is
misleading. The obvious problem with Mr. Erskine's discussion is that the Notice of
Intent states "12% of the vote." It does not state 12% of the "persons casting ballots" as
Mr. Erskine wants it to read.
The use of manufactured factual contortions to arrive at a conclusion that "12% of
the vote" does not really mean "12% of the vote" should be rejected out of hand.
Mr. Erskine also takes issue with the statement that, "The present citywide
election system was last changed in the 1960's when the population of Huntington Beach
was 11,500." Mr. Erskine then concludes that the statement creates a "misleading
inference that the current selection process dates back to World War II." It is a mystery
how Mr. Erskine gets to World War Il.
Nonetheless, the federal decennial census far 1960. established that as of 1960,
Huntington Beach had a population of 11,492 people, See, Exhibit "2". Therefore, in the
1960's, the population indeed started out at 11,492. Admittedly, the population grew
through annexations and was higher than 11,492 when the cbarter was last changed in
1966. This technical point, however, could not be construed as materially false or
misleading. The substance of this section of the Notice of Intent is that Huntington
Beach has experienced tremendous growth since the 1960's when the population started
at 11,492. The population now stands at nearly 190,000.
In short, there is nothing material, intentional, or substantively false or misleading
in the statement at issue as required in San Francisco Fort Niners v. Nishioka, 75
Cal.App.4`s 1417 (1999). A fair and reasonable reading of the Notice of Intent is that at -
large elections are appropriate for smaller populations and district elections are
appropriate for larger populations.
Finally, Mr. Erskine takes issue with the statement in the Notice of Intent that,
"The old citywide elections may have worked when Huntington Beach was just
Downtown and a couple of neighborhoods, but now it is 16 times larger and covers 28
square miles."
Mr. Erskine opines that the "16 times" language is false and misleading by stating
that, "Clearly, 28 square miles is not 16 times larger than 24 square miles." While I
would certainly agree with Mr. Erskine that 28 is not 16 times larger than 24, the Notice
of Intent does not state, as Mr. Erskine's analysis requires, that "16 times larger" relates
4P 0
to area. When Huntington Beach was just "Dowmtoun and a couple of neighborhoods"
the population indeed stood at 11,500. The population is now 189,595, which is 16 times
larger. Moreover, even if one accepts Mr. Erskine's reading of this sentence, the issue is
not one that could be construed as material, substantive, and intentionally false and
misleading as required by San Francisco Forty Niners v, Nishioka.
IV. Single Subject Rule
Finally, Mr. Erskine throws into the mix the garden-variety single subject rule.
The Huntington Beach City Charter contains 8 articles and 56 sections. The
substantive changes sought by the proposed charter amendment are contained in a single
section of the City Charter, i.e., section 300. The title of Section 300 states,
"CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS."
Section 300 specifically relates to: 1.) the number of councihnembers (seven); 2).
how the councilmembers are to be elected (at large); and 3.) how many terms the council
members can run (no more than tvo consecutive terms).
While it was rather obvious and apparent to our city leaders in the 1960's to place
all three of these topics into a single section because they are germane to each other, it is
not so apparent to the opponents. The California Supreme Court was unequivocal when
it stated that: "An initiative does not violate the single -subject requirement if, despite its
varied collateral effects, all of its parts are `reasonably germane' to each other.
Legislature v, Eu, 54 Ca1.3d 492 (1991).
The Notice of Intent is clear on the purpose of the proposed charter amendment;
namely, special interests have dominated city politics because of the high cost for
individuals to campaign citywide and because the current term limit standard permits
those same special interests to fund a candidate (with high name identification) who has
already served two terms on the City Council.
Simply stated, the proposed charter amendment will permit individuals who are
not supported by special interests and who are not recycled incumbents to compete in
smaller districts and have a better chance of electoral success. This specific goal is not
the generic umbrella of "political issues," that Mr. Erskine complains about. Rather,
district elections, five City Council members instead of seven and the length of their
terms all are germane to the issue of accountability and representation, of the citizens of
Huntington Beach. Interesting enough, our cite leaders in the 1960's took the same
position and concluded that these issues were all germane to each other.
V. The 30 Dav Review Period Does Not Apply to Charter Amendments
In Mr. Erskine's conclusion, there is one more fundamental deficiency in his
analysis of the Elections Code where he states, "we are of the opinion that the Council
has the discretion -- and therefore the obligation -- to examine fiscal and other impacts of
the charter amendment pursuant to Elections Code provisions allowing for 30-day reports
from staff, and/or a Council appointed charter revision commission."
4P 0
Mr. Erskine's opinion, however, is irrelevant without any reference to legal
authority. Mr. Erskine fails to cite which part of the Elections Code gives the City the
authority to provide for a 30-day report because the Elections Code does not permit a 30-
day report for charter amendments. It appears that Mr. Erskine is referring to a 30-day
report provision in Section 9212 of the Elections Code. Section 9212 applies to
ordinances, not charter amendments and, therefore, is inapplicable in this matter.
VI. Cot>clusian
From May 2, 2002 to June 17, 2002, more that 22,000 people signed the petition
to put the proposed charter amendment on the ballot. The petitions were timely filed in
order to place them on the November 5, 2002 ballot. The City Council is required to
perform a ministerial duty in placing the charter amendment on the ballot. The City
Council may not take sides on the issue by trying to benefit the opponents over the
proponents.
The opponents clearly want to engage in tactics that delay, obstruct and otherwise
prevent the voters from voting on the issue in a timely manner. To join the opponents of
the charter amendment and delay the election until next year or later would necessarily
mean that the City Council is no longer performing a ministerial duty. Rather, the City
Council would be taking sides and giving the opponents more time to file lawsuits and
seek further delays,
Moreover, delaying the vote until next year or beyond would necessitate the
expenditure of more than $100,000 to conduct a special election. There is no need or
justification to spend that kind of money, and there is certainly no need or justification in
delaying the election beyond November 5, 2002. You are, therefore, respectfully
requested to place the measure on the November 5, 2002 ballot.
Very Truly Yours,
Mark Bucher
CC: Gail Hutton, City Attorney
Connie Brockway, City Clerk
& u
p.L StJL'i'S
DAVID L DUNBAR. jR
2478
37%
CmRISTOPnER PREVATT
2,059
3 2%
M ARD R RAM DER
2.064
3.1004
CITY OF HUNTINGTOm BEACH
MEMBER, CfTY COUNCIL
Vote For 3
Ccm�mett i Prear-mi 143 of ' 43
Voto
Coup! Pamtntigs
PAM JULIEN
28.m
14.1%
DEME COOK
24,913
122%
CONNlE BOARDMAN
24 321
11 t%
BILL SORDEN
22.110
119%
GIL COERPER
16.SA5
a 2%
DIANE A L5NNiNC;
11,39E
S 6%
.a "E9 A YOUNG
11 181
5.5%
7HOWA5 Dahay
9.627
A 71A
JOt1N A T 10MAS
7.786
3-A°A
:OEY RACANO
1.312
3.6•A
CH:)CK DOWNmG
8 866
3 4%
STEPhFr.N GARCIA
5.757
2 8%
J CCviN DWYER
5.149
2.50A
GENALD Cr1Apmt%N
4.775
2 3%
!ICRM WESPNELL
4 041
2 01A
ROMIRT J JOttNSOfs
3.770
1.5%
JOE CARCHIO
3.412
1 7%
L" dAr'CER
3,017
1 5%a
MARK M STJLC
1.661
0 $*A
MARK W LFWAS
1.423
0.5%
CITY OF HUNTINGTON REACH
CITY CLERK
Comp:els7 Prroncs. 143 of 143
Vote Count Pamentaea
CONNIF BROCKWAY 53.491 100 VA
CITY OF HUNTINGTON BEACH
CCTY TREASURER
COMPle eC PreanM. 143 of 143
Vote Count PmenC4fle
&mAM FAMENFUCm $2.546 100A"A
CITY OF IRVIHE
MAYOR
Ccinoelea Preunas: 111 01111
Map /lNnvw.oc-cr��011ckcdOn/i.f v�pr7cs�.1Qt1��a
sr4.Ti2
a
I
QTY OF HUNTVYGTOiN BEACH
1NG • 157 Squats Aden
1M - 27.7 $genera AkW
19W
otter
Foetal
1941
Apffl
$hats Department of Frost=
Iva
Aprtii
State Dapaftent of Priance
Ckbbor
Faftrol
1943
AprP
Stat+s Department of Finance
Octnber
Federal
1964
April
State Department of Finance
Octaiw
Fsdertrl
rims
Apfit
state Department of Fww=a
der
Federal
Me
April
Sutt+s Department of Fuca
October
Federal
IM
Apri
State Department of Financa
Ocutw
Federal
19$8
AprV
State Depanmenf of Financa
WOW
Federal
1949
April
State Department of Finance
Oticber
l=ed&mi .
1070
Aprs
Stets Department of FkQnce
QctoW
Federal
1671
April
Stela Department of Fhanw
1972
February
State Department of Fkuw=
November
Sate Department of FRwrres
1973
April
. State Department of Fstance
1974
Fetruary
State Department of F ww
1975
January
State Departmeni of FMar►m
1976
.lanuafy
State Department of Fhance
1817
January
State Depanment of Firmwe
leis
January
Smis Department of Ffnertce
1919
January
State 0epartmsnt of Fnance
1980
January
State Dsparttrw t of Fhwics
Ap; it
Federal
0
11,492
B,B50
24,700
34,143
42,300
$0,290
56,104
64,226
4819M
75,053
79,400
88.60
90,300
04,371'
99.000
104.124
109,800
112,021
118,400
115.NQ
126,900
137.000
143,500
142.800
143,325
146,400
162.148
157,80i1
161,300
167.419
172,200
170,5t13
.0 0
]EXIMIT '42ts
Petition for Submission to Voters of Proposed Amendment to the Charter of the City of Huntington Beach
The City Attorney has prepared the following title and summary of the chief purpose and points of the
proposed measure:
A proposed initiative measure which would amend the Charter of the City of Huntington Beach to change,
effective with the 2004 general municipal election, the total number of elected city councilmembers from
seven persons to five persons; to provide that the five councilmembers shall be elected by district rather than
at large; and to impose a two -term limit on elected councilmembers.
The proposed initiative measure would amend Sections 300 and 704 of, and add Sections 314, 315,
316, 317, 318 and 319 to, the Charter of the City of Huntington Beach. tinder the current Charter, the
elective officers of the City, each with a four-year term, consist of a city council of seven members, a City
Clerk, a City Treasurer and a City Attorney. The proposed initiative measure, to be effective with the 2004
general municipal election: (1) would decrease the number of elected councilmembers from seven persons
to five persons; (2) would require that the rive councilmembers be elected by district rather than at large; (3)
would divide the City into five separate, geographically described districts as nearly equal in population as
practicable; (4) would establish a district residence requirement for each elected councilmember; (5 would
provide for redistricting within six months following the completion of each federal decennial census; and
(6) would impose a two -term limit on each elected councilmember. The proposed initiative measure would
have no effect on the elective offices of City Clerk, City Treasurer or City Attorney.
NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE
GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
All signers of this petition must be registered to vote in the City of Huntington Beach
TUis column far
official use only.
Date
1. Print name
Residence address ONLY
Signature as registered to vote City Zip
Date
2. Print name
Residence nddress ONLY
Signature as registered to vote City Zip
Date
3. Print name
Residence address ONLY
Signature as registered to vote
City Zip
Dale
4. Print name
Residence address ONLY
Signature as registered to vote City Zip
Date
5. Print name
Residence address ONLY
Signature as registered to vote City Zip
Date
G. Print name
Residence address ONLY
Signature as registered to vote City zip
Date
7. Print name
Residence address ONLY
Signature as registered to vote City Zip
DECLARATION OF CIRCULATOR (To be completed after the above signatures have been obtained)
] , am registered to vote or am qualified to register to vote in the City of Huntington Beach, State of California.
(Print full Nam F
My residence address is _^
(Address, city, sidle, zip code)
I circulated this section of the petition and witnessed each of the appended signatures being written. Each signature on the petition is, to
the best of my information and belief is the genuine signature of the person whose name it purports to be. All signatures on this docu-
ment were obtained between the dates of _ I I and 1 I 1 declare under penalty of perjury under
(Momh, day, year) (.Month, day, year)
the laws of the State of California that the foregoing is true and correct. Executed on / / at
(Mandl. day, year) (Place or signing)
(Cumplero sigoaturc of circulatur. Including middle name or initinl)
Page 4
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The term of each member of the City Council, the City Clerk, the City Treasurer and the City Attorney shall commence on the first
Monday following his election. Ties in voting among candidates for office shall be settled by the casting of lots.
Section 314 shall be added and shall read:
Section,314,
DISTRICTS ESTABLISHED.
For the puMose of electing members of the City Council. the City shall be divided into five
Districts
as nearly eaueaualitt_p.Qpulation
as
practicable. -Tor the General Municipal election heldi_n 2004, [he boundaries of such Districts
shall be
those describedit>-section
3_19. Thereafter.
the -boundaries of such districts shall bg sub jeel_to alteration and change unde,[ the
provisions
of this Qhar�r.SaS id_
redistricting
plan may describe the new boundaries by reference map on file with the City Clerk. A
metes and
bounds description of
the new
boundaries need not be contained in said redistricting plan,
Section 315 shall be added and shall read:
- }IIIII SALEM 1 11 N I 11111-J 1111 11fll IND14WI1 1 1 ? 1 • • • mA • 111 , 1 1 1 1 I R' 11 M. 1 • I} 1 - 1
:1 • IT 11/ 1• 11/ •H 1 r 1 / 1 1 1 1 11T 11/ . 7 1.11 14 1 •• 1 •
Section 316 shall be added and shall read:
S_ec_tioh_.3l6, TERM I e son shaji be elected as a Me be the City Councilfor or than two er a d no person who
has been a member for JWQ gE more years of a term to 3&hic_h_he or she or some other person was elected a melnher shall be elected to
e City Councile than onefurther e
Section 317 shall be added and shall read:
Section 317. RED STRICIM,
Within six munths'o
%Lch federalcensus.
e City CounciLshallt
coi,ninittee to studya j
report tg the City C-o1jacil on tbeadvisability•ed'st
•'
' e City. Districtu a 'e anot beallered
except as reasonably necessaU
to prorggtgg eater e uji1ily Qf
populatien
among_the_Districts,
Such boundary alteration
shall be made in
acic-Qrdance-with Electionsd
ection 21620-21620.1 and g1hera
b Fe
a and -California laws, and by ordinanceadoptedly
afi,irmative, vote of at Least_two-thirds of the full membership
of the City
Council.
Any such adopted within,
one hundred
twenty days immediat&
precedingany election of Councilembers
tall of become
,QFdinance
effective until the day
w' such election.
No redistriciJI)p- shall
'squalify_any_Councii memberfrom serving
as
the Council
member from the District he or
she was nomi gated or
appointed for the remainder
f his oz her term. if elected. ortt
tilthe
next general
municipal election, if appointed.
Section 318 shall be added and shall read:
Section 318. ADDITIONALR it constituting a t of The City and not specifically. included in any district shall
bedeinied included in theDistrict is it has the longestcgmmon boundacy line, -1f there shall be no common boundary with
any District, he uch terriloa shallbe deemed included in the nearest district to it
Section 3I9 shall be added and shall read:
Section 119. LEGAL DCSCRIT11ONS OF DISTRICTS. The Initial boundaries cif the District~ shall he:
District
19 / } 1 I : } : 1 : ! 1 ? : • 1 : ? ! ? : 1 1 C 1 1 • 1 : - ? } C 1 1 / , / . 1 : • 1
District
• 1 I • 1 • 1 i • 1 " 1 • 11 • 1 / • 1 ? }I • } • 11 • _ 1 1 • 1 • I 11 • 1 1 • ! 1
11�
•! 1 iY •--! }_ .1 •f'1 •1 •_ • J- • ■_1!! 1 _ •1 yMJ!"! _J • .1 -.1 • •
1- 1/ !!-f 1}! J" •1 a J t, • 1 •! 1 ••. •-11 • � 1 •1
District
At the intersection of Clay
Ave,and Qoldenwest 5t.,
Southwes t. to the Pcicific Ocean,North
on the Pacific
Ocean to
Warner Ave., East�Qn )Yarner
Ave. to thy, City boundary
That geacrally_follows Pacific Coast
Highway, South, East.
North and West on
the boundary to Warner
Ave. West on Warner
Ave, to Pacific Coast Highway. on
Pacific Coast Highway
to the City
-City
boundary east of Bayview
Dr. North on the City bottnd=
,&I
toBroadway. East on Broadway to
IntrepidLn, North on
Intrepid Ln. to
The City boundary UQ11hLof
Remora Dom. —West on theSitLboundga
to Pacific Coast Highway,
North on Pacific Coast
Highway to the
City boundaU, EasteWay
East, East on SunseLMly-East-toeAve,-Edingery
Sherlock Ln. South on SherlQ9h
L11, and its extension_to
Seaview Ln, South on Seaview Lr3�t
Ave, East on Heil
Ave. tQ_B
Chica,St. South on Bolsa
Chica St. to Warner Ave.
East on Warner Ave. to Goldenwe l St.
„Heil
South on Goldenwest St,
to, Clay Ave.
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District 4
t t
West on Clay Ave.aw e
Delaware
St. IQ WAve.,
West on YQLktQwn Ave,
to WorchesterWorcbester Ln to Falmoutha
Falmouth
Dr. tp W ouSouth
n Weymouth
Harding L
e n
st on Hamdenn
Newhaven ve u
NewhavCn Ln. to Bridgeports 'd e o Newland
St. North
Qn Newland Warne
Ave,West Wamer
Ave,o 'a St. tQ the City.boundaly that
generally
o f ws Injerstate 4Q5. North
on the Cily bOLIntlary
to the City boundaryhat gencrally Follm HeilAve.- West on the City
boundary
tQ Beach Blvd. North on
Be:acb Blvd, to Heil
Ave. West on Heil Ave, to-Goldenwest St South s2n_Qoldenwest St, to
Clay Ave
District
� II • �� ! If 1 - 1 w l ! I � ! Ill II j !
I• W.VM MIMUMMKIWO. Ill I I ! MI,1 I I I l" • 1 I I l 1" I ,
_ 1! ! f'' I i i MINIM\ I l l I I i
1 I !" 4111"II II-f/.� .1" MiMMIMM a I-
1 I 1' II I I. 1 I r 1 •" -! • 1 1- •_ 1 1 1 - 1 1 eJl y
Section 704 shall be amended to read:
Section 704. NOM][NATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by not less than
twenty nor more than thirty electors of the City. Additigually. cUndidates for City Council jUU5L cUllect said atures from electors
rg5idinginthe District w ere t Sy rg, ls•de.
This map generally illustrates the text of Section 319. If any discrepancies exist, Section 319 shall control.
Page 3
Petition for Submission to Voters of Proposed Amendment to the Charter of the City of Huntington Beach
The City Attorney has prepared the following title and summary of the chief purpose and points of the
proposed measure:
A proposed initiative measure which would amend the Charter of the City of Huntington Beach to change,
effective with the 2004 general municipal election, the total number of elected city councilmembers from
seven persons to five persons; to provide that the five councilmembers shall be elected by district rather than
at large; and to impose a two -term limit on elected councilmembers.
The proposed initiative measure would amend Sections 300 and 704 of, and add Sections 314, 315,
316, 317, 318 and 319 to, the Charter of the City of Huntington Beach. Under the current Charter, the
elective officers of the City, each with a four-year term, consist of a city council of seven members, a City
Clerk, a City Treasurer and a City Attorney. The proposed initiative measure, to be effective with the 2004
general municipal election: (1) would decrease the number of elected councilmembers from seven persons
to five persons; (2) would require that the five councilmembers be elected by district rather than at large; (3)
would divide the City into five separate, geographically described districts as nearly equal in population as
practicable; (4) would establish a district residence requirement for each elected councilmember; (5 would
provide for redistricting within six months following the completion of each federal decennial census; and
(6) would impose a two -term limit on each elected councilmember. The proposed initiative measure would
have no effect on the elective offices of City Clerk, City Treasurer or City Attorney.
Notice of Intent to Circulate Petition
Notice; is hereby given by the person whose name appears hereon of his intention to circulate a petition within the City of Huntington
Beach for the purpose of making an amendment to the charter of the City of Huntington Beach by amending sections 300 and 704,
and adding sections 314, 315, 316, 317, 318 and 319, providing that Council members shall be nominated and elected by District
rather than nominated and elected citywide and providing that Council members shall not be allowed to serve on the Council longer
than eight years. A statement of the reasons of the proposed action as contemplated in the petition is as follows:
The current method of electing Council members citywide does not provide equal representation to all of the residents of the City of
Huntington Beach. Citywide elections have resulted in Council members being elected with only 12% of the vote, allowing special
interest groups to elect their own Council member(s) who may or may not be concerned about the issues of all neighborhoods.
Communities within our city are effectively denied the right to choose their own representatives.
In addition, the current system limits consecutive terms for Council Members, but allows ex -Council members to be returned to office
by powerful sl)ecial interest groups because of their high name identification, not because they were ever effective in solving the
problems of this city.
The present citywide election system was last changed in the 1960's when the population of Huntington Beach was 11,500. Today,
with a population of 190,000, special interest groups are often the only ones who can afford the thousands of dollars necessary to run
an effective campaign. The old citywide elections may have worked when Huntington Beach was just Downtown and a couple of
neighborhoods, but now it is 16 times larger and covers 28 square miles.
The increased population of Huntington Leach has often resulted in many candidates running citywide for election to the City
Council. There have been elections with more than 25 candidates. In the last election there were 20. It is difficult, if not impossible,
for an ordinary citizen to become educated on 20 or more different candidates. It is equally difficult for a candidate who is not backed
by a well -funded special interest to communicate with 190,000 citizens. District elections will likely result in fewer candidates
running for office in districts with a population of about 38,000 residents, and Council members who must listen to the concerns of
voters within the communities that elected them.
The printed name, signature and address of the proponent is as follows:
Scott Baugh
221 17th Street
Huntington Beach, CA 92648
Is/ Scott Baugh
To the city cotincil of the City Huntington Beach:
We, the undersigned, registered and qualified voters of the State of California, residents of the City of Huntington Beach, pursuant to
Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part I of Division 2 of Title
4 of the Government Code, present to the city council of Huntington Beach this petition and request that the following proposed
amendment to the charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an
election on a date to be determined by the city council.
The proposed charter amendment reads as follows:
Section 300 shall be amended to read:
Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS. The elective officers of the City shall consist of
a City Council of?levaiTflyQ members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large,
except for Cotutcil members. who shane_elected by District. at the times and in the manner provided in this Charter and who shall,
except for City CQuagilmelnbers. serve for terms of four years and until their respective successors qualify. Subject to the provisions
of this Charter, the members of the City Council in office at the time this Charter takes effect shall continue in office until -the -expim-
until their suctessors are elected and qualifictl.-Eater Ali five members of the City Council shall be
elected at the general municipal election held in 1966_�004. one frorn each District. District La, and 5 shall initially be for a two -yea
term, and each fourth year thereafter. District 2 and 4 shall be fofafour-year term, and each fourth year thereafter. Three membe -9f
the eity Gotineil shall he elected 2it the general nitiniciral election held hi 1968, and each fotirth year thereaften No person lhail b
elected ai n rriembei of the City enancil for Mere than two consectitive ternis and L.0 PMOn who has bemi a mernber fo, more than
two ye2tis aF 2t term to which sorne othei person was elected a ninabm shall be elected to the C=ity C-ounei! More thm! oHe furthe,
Subject to the provisions of this Charter, the City Clerk, City Treasurer and City Attorney in office at the time this
Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A
City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City
Attorney shall be elected in 1966, and each fourth year thereafter.
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Bruce E. Peotter, Esq. Bar No. 149807
250 Newport Center Drive, Suite 200
Newport Beach, California 92660
Telephone: (949) 721-0013
Facsinule: (949).644-4890
Attorney for Petitioner
JEE�FOF�QREY r�
Slfi „ �7 COURT 2(�
AIIG .4 2��1
ITER, DCEC DERIOR COURT OF THE STATE OF CALIFORNIA
OftER/
rr,,._ FOR THE COUNTY OF ORANGE
JOSEPH A. JEFFREY,
an individual,
Petitioner,
vs.
HUNTINGTON BEACH CITY COUNCIL,
CONNIE BROCKWAY, HUNTINGTON
BEACH CITY CLERK.
Respondents.
1
Case No. 02CC117811
ASSIGNED FOR ALL PURPOSES TO
HON. DENNIS S. CHOATE
[PROPOSED] ALTERNATIVE WRIT OF
MANDATE AND, ALTERNATIVELY,
[PROPOSED] ORDER TO SHOW
CAUSE
(Petition filed August 13, 2002 pursuant to
Code of Civil Procedure §§ 1085; Elections
Code §§ 1415 and 9255; Government Code
36502(b )
Date: August 15, 2002
Time: 9:00 A.M.
Courtroom: C24
[PROPOSED] ALTERNATIVE WRIT OF MANDATE AND, ALTERNATIVELY, [PROPOSED) ORDER TO
SHOW CAUSE
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Good cause appearing from the verified Petition and papers on file in this action, LET THE
ISSUE.
Respondents HUNTINGTON BEACH CITY COUNCIL, CONNIE BROCKWAY,
HLNTINGTON BEACH CITY CLERK ("Respondents'), ARE HEREBY ORDERED to place Fair
Apportionment and Individual Representation ("FAIR") Charter Amendment to be placed on the
November 5, 2002 ballot in the City of Huntington Beach. IT IS FURTHER ORDERED that
Respondent is to pay all costs.
OR, IN THE ALTERNATIVE, Respondent is ordered to show cause on , f,
2002 at _.m. in Department C24 of the Orange County Superior Court why Respondent has not
done so.
August ,, 2002
CLERK
DEPUTY CLERK
2
[PROPOSED] ALTERNATIVE WRIT OF MANDATE AND, ALTERNATIVELY, [PROPOSED] ORDER TO
SHOW CAUSE
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LET THE FOREGOING WRIT ISSUE.
IT IS ORDERED that this Alternative Writ, the Petition, and all other relevant documents are
served on Respondents, that Respondents file with this Court and serve on Petitioner's counsel all
opposition papers no later than ^.m. on August 2002, and that Petitioner file with this Court
and serve on Respondents all reply papers no later than _ _.m. on August 2002
Dated: August �, 2002
The Honorable Dennis S. Choate,
JUDGE OF THE SUPERIOR COURT
3
IMPOSED] ALTERNATIVE WRIT OF MAN -DATE AND, ALTERNATTVELY, [PROPOSED] ORDER TO
SHOW CAUSE
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Bruce E. Peotter, Esq. Bar No. 149807
250 Newport Center Drive, Suite 200
Newport Beach, California 92660
Telephone: (949) 721-0013
Fascimile: (949) 644-4890
Attorneys for Petitioner
JOSEPH A. JEFFREY
FILED
SUPERIOR COURT OF CALIFORMA
COUNTY QF ORANGE
CENTRAL JL1sTICE CENTER
AUG 13 2002
ALAN SLATER, Clerk of the Court
B !4 M SLATER
DEPLITY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE
JOSEPH A. JEFFREY,
an individual,
Petitioner,
VS.
HUNTINGTON BEACH CITY COUNCIL,
CONNIE BROCKWAY, HUNTINGTON
BEACH CITY CLERK.
Respondents.
Case No0 2 CC 17811
PETITION FOR WRIT OF MANDAMUS
(C.C.P. SECTION 1085)
JUDGE DENNIS S. CHOA7Z
DEPT. CW
Petitioner, JOSEPH A. JEFFERY ("JEFFREY"), is a registered voter in the City of
`Huntington Beach. JEFFREY is and has been a resident of Huntington Beach for more than
30 years. Respondent, Huntington Beach City Council, is the governing legislative body for
the City of Huntington Beach. The City of Huntington Beach is a charter city organized
1 pursuant to the laws of the California Constitution and the Government Code. Respondent,
2 Connie Brockway, is the duly elected Clerk for the City of Huntington Beach who is in
3 charge of administering elections in Huntington Beach.
4
5
PRELIMTNARV STATEMENT
6
7
8 Petitioner, Joseph A. Jeffrey is, and at all times relevant herein, was a volunteer for a
9 petition initiative that was circulated in the City of Huntington Beach to amend the City
10 Charter. The charter amendment sought to place on the November 5, 2002 ballot questions
I relating to district elections, the number of districts and how long a council member would be
12 permitted to serve in a particular district. The charter amendment was duly qualified for the
13
ballot with signatures of more than 15% of the registered voters in the City of Huntington
14
15 Beach as required by California law.
16
17 The entire Huntington Beach City Council has voiced opposition to the charter
18 amendment, and certain members of the City Council have engaged in direct efforts to derail
19 and oppose the charter amendment. On August 5, 2002, the Respondent, Huntington Beach
20 City Council, voted to refuse to place the charter amendment on the next regularly scheduled
21
municipal election, which is November 5, 2002. Rather, the Huntington Beach City Council
22
23 voted to wait nearly one and one half years later, call a special election and place the charter
24 amendment on the ballot in March of 2004. The stated purposes of delaying the vote for
25 more than one year is to allow the opposition, including a sitting council member, the
26 opportunity to challenge the charter amendment in court, and to protect candidates running
27 for office in November of 2002, from having the issue become a distinction to them.
28 I
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California law requires a charter amendment, particularly one involving term limits,
to be presented to the voters at the next regularly scheduled municipal election. A charter
amendment like the one at issue, cannot be placed on the ballot during a special election.
The only regularly scheduled election in the City of Huntington Beach is "the first Tuesday in
November in each even numbered year", ice., November 5, 2002. The rationale for
presentation at a regularly scheduled election is that a charter amendment, particularly one
involving term limits, should be presented to the voters in an election with the highest voter
participation.
By voting to place the charter amendment with a term limit provision on the ballot in
a special election the Respondent, Huntington Beach City Council, violated its ministerial
duty to present the measure to the electorate in a timely manner at the next regularly
scheduled municipal election. As such, Petitioner, JEFFREY seeks a writ of mandamus from
the Superior Court to compel the respondents, Huntington Beach City Council and Connie
Brockway, the Huntington Beach City Clerk, to place the charter amendment on the
November 5, 2002, regularly scheduled municipal election ballot.
1. On May 2, 2002, JEFFREY, along with dozens of other registered voters in
Huntington Beach, sought to obtain the requisite number of signatures to present a charter
amendment to the voters of Huntington Beach. Forty-seven days later, on June 17, 2002,
IEFFREY and others turned into the City Clerk of Huntington Beach more than 22,000
3
I signatures.
2
3 2. Pursuant to Electiong Code, Section 9255, a City Charter.may be amended through
4
a petition signed by I5% of the registered voters in the City. There are 108,188 registered
5
voters in Huntington Beach and 15% of 108,188 is 16,228 registered voters. On or about July
6
7 16, 2002, the CoUi.nty Registrar of Voters certified that 16,768 signatures had been verified as
8 being signatures of registered voters in the City of Huntington Beach. See., a true and correct
9 copy of Certificate asto Verification_ attached hereto as Exhibit "A". Although the Registrar
10 of Voters had 621 more signatures to count, she stopped counting at 16,768 valid signatures.
11 Ste, a true and correct copy of Request For Action from City Clerk- C`.nnniP Rrnckway
12
attached hereto as Exhibit "B".
13
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15 3. On July 18, 2002, the City Clerk wrote a letter to the proponent of the charter
16 amendment stating that "the petition was found to be sufficient." Moreover, the City Clerk
17 confirmed that, "the petition that you submitted to amend the City Charter has been found to
18 have a sufficient number of signatures." Se, a true and correct copy of Letter -dated July 18,
19 2MZ attached hereto as Exhibit "C".
20
21
4. In order to qualify for the November 5, 2002, regularly scheduled election, the
22
23 petition had to qualify on a date that was more than 88 days from November 5, 2002.
24 F.lectinns Code Section 1415 and Section 9255. The date that is 88 days from the November
25 5, 2002 regularly scheduled election is August 9, 2002. The petition had the requisite
26 number of signatures and was eligible as of July 16, 2002, to be placed on the November 5,
27 2002 regularly scheduled election. Sep, a true and correct copy of Inter-nenartmenr
28
Ciommuninatinn from thr City Atinmey to the City Clerk, dated July 31, 2002, page 3,
4
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1 attached hereto as Exhibit "D". The city attorney stated specifically that, "The City Council .
2 .. can set the Charter Proposal for the November 5, 2002 election."
3
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5. Pursuant to Article VII, Section 700 of the existing City of Huntington Beach
5
Charter, the only regularly scheduled election date is "the first Tuesday in November in each
6
7 even numbered year", i_e_, November 5, 2002. See, a true and correct copy of Article VU,
8 &rtion 7QO of the HunfinZnia Reach City Charter, attached hereto as Exhibit "E".
9
10 6. On or about August 5, 2002, the Huntington Beach City Council refused to place
11 the charter amendment on the ballot for presentation to the voters of Huntington Beach for
12 the November 5, 2002 election. In spite of the fact that the City Charter identifies November
13
5, 2002, as the regularly scheduled election date, the Huntington Beach City Council voted to
14
15 present the charter amendment to the voters a year and a half later with a "special election"
16 on March 2, 2004. See., a true and correct copy of Counci Agendn daled August 5, 9022,
17 1 attached hereto as Exhibit "I"'. Numerous reasons were provide for the maneuver which
18 delayed presentation of the charter amendment to the voters in a timely manner. Those
19 reasons included giving the opponents time to file lawsuits against the proposed charter
20
amendment, and the claim that there were other important issues were on the November 5,
21
22 2002 election, including four open seats.
23
24 7. It has been no secret in the City of Huntington Beach that the current City Council
25 does not approve of the proposed charter amendment. On April 16, 2002, Councilman Ralph
26 Bauer placed on the Council Agenda a item to form a committee for the purpose of
27 "opposing" the charter'amendment. Councilman Bauer's motion carried unanimously with a
28
7-0 vote after Councilman Peter Green requested that the word "study" be substituted for the
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word "oppose" presumably because opposition by a governing body would be a violation of
California law. See, a true and correct copy of ronnnil Agenda fnr April 15„2002, attached
hereto as Exhibit "G".
8. On or about May 30, 2002, Councilman Bauer conducted and presided over a
meeting at City Hall advertised as a meeting to oppose the charter amendment. At the
meeting at City Hall, Councilman Bauer announced the formation of a committee called
"Citizens Against Power Politics" that would fight the charter amendment. On or about May
31, 2002, Councilman Bauer made a $300 contribution to a committee organized for the
purpose of opposing the charter amendment. Ste, a true and correct copy of Form 460 of
C'nmmittee named Citizens A garnet Power Politics, attached hereto as Exhibit "H".
Councilman Bauer also presided over one additional meeting at City Hall convened for the
purpose of opposing the charter amendment.
9. The Respondent, Huntington Beach City Council, violated its ministerial duty of
placing a charter amendment on the November 5, 2002, regularly scheduled municipal
election. Because the Huntington Beach City Council refused to perform its ministerial duty
of placing the charter amendment on the November 5, 2002 ballot, mandamus is sought with
this court to compel the Huntington Beach City Council and the Huntington Beach City Clerk
to place the charter amendment on the November 5, 2002 regularly scheduled election.
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1 FIRST CAUSE OF ACTION
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3 (WRIT OF MANDAMAS FOR FAILURE TO COMPLY WITH GOVERNMENT
4 CODE, SECTION 36502(b))
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10. JEFFREY incorporates paragraphs 1-9 herein.
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7 11. Pursuant to Gnmernment Code, Section 36502(b) the City Council cannot present
8 a charter amendment that relates to term limits to the voters at a special election. Section
9 36502(b) of the Government Code states,
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"Notwithstanding any other provision of law, the city council of general
12 law or charter city may adopt or the residents of the city may propose, by
13 initiative, a proposal to limit or repeal a term limit on the number of terms a
member of the city council may serve. Any proposal to limit the number of
14 terms a member of the city council may serve on the city council, or the
number of terms an elected mayor may serve, shall apply prospectively only
15 and shall not become operative unless it is submitted to the electors of the
city at a regularly scheduled election and a majority of the votes cast on the
16 question favor the adoption of the proposal."
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18 12. The Huntington Beach City Charter states specifically that the only regularly
19 scheduled election for the City of Huntington Beach is the "the first Tuesday in November in
20 each even numbered year", i.e., November 5, 2002. The City Council, therefore, is precluded
21 by law from establishing a special election for the proposed charter amendment a year and a
22 half later in March of 2004. The Huntington Beach City Council is required by law to set the
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24 election for the proposed charter amendment on the November 5, 2002 election. Mandamus
25 is specifically requested to compel the Huntington Beach City Council and the Huntington
26 Beach City Clerk to place the proposed charter amendment on the November 5, 2002 ballot
27 for presentation to the voters at that time.
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3 (WRIT OF MANDAMAS FOR FAILURE TO COMPLY WITH M MSTERIA.L
DUTIES)
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5 13. JEFFREY incorporates paragraphs 1-13 herein.
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14. Pursuant to California law, once the electorate submits to a City Clerk enough
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signatures to qualify a measure for the ballot, the City Clerk must present the matter to the
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9 City Council. At that point in time, the City Council has no discretionary authority to
10 exercise with respect to the initiative. The duty of a City Council, when presented with a
11 qualified measure for the ballot, is "ministerial" only. The City Council is prohibited from
12 "taking sides" or benefiting opponents of the measure over the proponents of the measure.
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14 15. The entire City Council for the City of Huntington Beach has stated its opposition
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to the proposed charter amendment. One Council member in particular has contributed
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17 money to oppose the charter amendment, including the hiring of an attorney in an attempt to
18 derail and delay presentation of the charter proposal to the voters in Huntington Beach.
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20 16. Voting delayed for the purposes of allowing opponents to file legal challenges is
21 voting denied, and is a violation of the ministerial duty to present the measure to the voters in
22 a timely manner. The conduct of the Huntington Beach City Council in presenting the
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measure for the March 2, 2004 ballot for the benefit of its opponents is not an abuse of
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25 discretion. Rather, it is the unauthorized exercise of a discretion the Huntington Beach City
26 CounciI is not empowered to exercise. Mandamus is specifically requested to compel the
27 Huntington Beach City Council and the Huntington Beach City Clerk to place the proposed
28 'charter amendment on the November 5, 2002 ballot for presentation to the voters at that time.
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(WRIT OF MANDAMAS FOR FAILURE TO COMPLY WITH MINISTERIAL
DUTIES PURSUANT TO ELECITONS CODE SECTIONS 1415-and 9255)
17. JEFFREY incorporates paragraphs 1-16 herein.
18. Pursuant to the Elections Code- Section 9255, the City Council has the authority
to exercise its ministerial duty and place a duly qualified charter amendment on the ballot.
Although Section 9255 provides a City Council with several options, those options do not
supersede ravernment Code Section 36502(b) that mandates any charter proposal dealing
with term limits to be placed on the ballot at a regularly scheduled election. Moreover,
Section 9255 was narrowed with the adoption of Election-, Section 1415 in 1996.
Section 1415 states,
". . . charter proposals that qualify pursuant to section 9255 shall be submitted
to the voters at either the next regular municipal election occurring not less
than 88 days after the date of the order of election, or at a special election
called for that purpose or on any established election date pursuant to section
1000 occurring not less than 88 days after the date of the order of election."
19. The Huntington Beach City Council reads section 1415 as giving it the right to
establish an election for a duly qualified charter proposal on any one of several dates. See,
i - �-..ru�-� gnu � �� �•u �- ► s�+��- � �• � �. -�
2002, page 1, attached hereto as Exhibit "D". This reading, of course, ignores the
requirement of Cinvemment Cade Section 36502(b), which requires charter proposals with a
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1 term limit provision to be presented to the voters at the next regularly scheduled election.
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3 20. Moreover, by requiring the charter amendment to be presented at."the next
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regular municipal election ... or at a special election called for that purpose or on any
5
established election date pursuant to section 1000 ... " the State Legislature required the
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7 charter amendment to be presented at the "next regular municipal election" or, if necessary, at
g an earlier special election or at an earlier established election date pursuant to section 1000.
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10 21. The State Legislature was not providing the City Council with the right to delay
11 an election beyond the next regularly scheduled municipal election and thereby deprive
12 voters of the opportunity to vote on a measure at a regularly scheduled election. This reading
13
makes a mockery of the Elections Cade and would necessarily mean that a city council is
14
15 empowered to skip regularly scheduled elections in perpetuity. Thus, under the City's logic
16 and reading of section 1415, and under the facts of this case, the Huntington Beach City
17 Council could call for a special election in 2006 or 2008. This reading of section 1415
18 creates an absurdity of the Elections Code that cannot be permitted.
19
20 22. Mandamus is specifically requested to compel the Huntington Beach City
21
Council and the Huntington Beach City Clerk to place the proposed charter amendment on
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23 "the next regular municipal election" which is November 5, 2002.
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I WHEREFORE, Plaintiff Joseph A. Jeffrey, prays for judgment as follows:
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3 1. That the Superior Court issue mandamus to require the respondents,
4
Huntington Beach City Council and the Huntington Beach City Clerk, to
5
place the duly qualified charter amendment on the November 5, 2002
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7 regularly scheduled municipal election pursuant to
8 Section 36502(b);
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10 2. That the Superior Court issue mandamus to require the respondent,
11 Huntington Beach City Council, to exercise its ministerial duty to place the
12 duly qualified charter amendment on the November 5, 2002 regularly
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scheduled municipal election pursuant to Elections Code, Section 1415;
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16 3. That the Superior Court issue mandamus to require the respondent,
17 Huntington Beach City Clerk, to place the duly qualified charter
18 amendment on the November 5, 2002 regularly scheduled municipal
19 election pursuant to Elections radf, Section 1415;
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21 4. That the Superior Court award Petitioner Jeffrey his attorney's fees and
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costs pursuant to Code of Civil Procedure, Section 1021.5;
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5. That the Superior Court award Petitioner Jeffrey any such other and further
relief as this Court deems just and proper.
DATED: August 13,2002
nice E. Peotter
Attorneys for P tiJioner
JOSEPH A. JEFFREY
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I, Joseph A. Jeffrey, under the penalty of perjury of the laws of the State of California,
do hereby verify that I have read the factual contents of the Petition filed herein and do attest
that the factual contents of the Petition filed herein are true and correct.
DATED: August 13, 2002
11
• CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange)
I, Rosalyn Lever, Registar of Voters of the County of Orange, do hereby
certify'that I am the county officer having charge of the registration of voters in
the County of Orange, and I have examined, or caused to be examined, the
attached petition submitted to the City of Huntington Beach entitled "Proposed
Amendment to the Charter of the City of Huntington Beach".
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures examined: 21,443
Number of signatures verified: 16,768
Number of signatures found invalid: 4,6Z5
Number of signatures found invalid
because of being duplicates 334
WITNESS my hand and Official Seal this 16th day of July, 2002.
ROSALYN LEVER
REGISTRAR OF VOTERS
Orange County
0 * *DRAFT
CITY OF HUNTINGTON BEACH
MEETING DATE: August 5, 2002
DEPARTMENT ID NUMBER: CK2002-6
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: August 5, 2002 Department ID Number: CK2002-6
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: Connie Brockway, City Clerk
PREPARED BY: Connie Brockway, City Clerk
SUBJECT: Certificate as to Verification of Signatures on Petition to Amend
Sections 300 and 704 of, and Add Sections 314, 315, 316, 317, 318
and 319 to the City Charter Relative'Decreasing the Number of
Elected Council Members from 7 to 5, Electing Council Members by
District Instead of as Currently by At -Large and Imposing a Two Term
Limit on Council Members Instead of the Current Two Consecutive
Term Limit.
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The above referenced petition to amend the City Charter initiated by
Scott Baugh, proponent, has been examined by the Orange County Registrar of Voters and
found to have sufficient number of valid signatures of registered voters to qualify for
placement on the ballot at an election date to be determined by the City Council. Pursuant to
Elections Code S. 9114 the City Clerk is certifying to the City Council the results of the
County Registrar of Voters examination of said petition.
Funding Source: General Fund - Elections
Recommended Action: Motion: To accept Certificate as to Verification of Signatures on
Petition dated July 16, 2002 as provided by the County Registrar of Voters to the City Clerk.
Alternative Actions : Not Applicable.
G-%RCA'S12002rca1ck2002-5 vedf of signatures-districtsZOT -2- 71161200210,.09 AM
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REQUEST FOR ACTION
MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: CK2002-6
Analysis: On March 28, 2002 Scott Baugh, proponent, filed a Notice of Intent to Circulate
Petition on April 12, 2002. Mr. Baugh was provided a Ballot Title and Summary prepared by
the Office of the City Attorney. On May 2, 2002 the proponent, Mr. Baugh, published said
Notice, Ballot Title and Summary in The WAVE newspaper and commenced circulation of the
petition. On June 17, 2002 the petition was filed in the Office of the City Clerk for verification
of signatures. The County Registrar of Voters completed the signature verification on
July 16, 2002.
To qualify, the petition was required to have at least Fifteen percent (15%) of the 108,188
registered voters as last reported by the Registrar of Voters to the Secretary of State —
(16.228 signatures). The raw count of signatures was 22,064 (621 signatures not checked).
Number of signatures examined:
Number of signatures verified:
Number of signatures found invalid:
Number os signatures found Invalid
Because of being duplicates
Environmental Status: Not Applicable.
Attachment(s):
21,443
16,768
4,675
334
1. ICounty Registrar of Voters Certificate as to Verification os Signatures
on Petition
RCA Author: C. Brockway x5404
G ARCA'S12002rca1ck200M vent of signatures-districtsMOT •3• 7118120D2 10:09 AM
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•�, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
July 18, 2002
Mr. Scott Baugh
221 171h Street
Huntington Beach, CA 92648
RE: Proposed City Charter Amendment
Dear Mr. Baugh:
This is written confirmation of my telephone call to you on July 16, 2002, informing you
that the petition has been found to be sufficient. Pursuant to Elections Code §9114, this
confirms that the petition you submitted to amend the City Charter has been found to
have a sufficient number of signatures.
Enclosed please find a copy of the Certificate as to Verification of Signatures on Petition
that was provided to the City Clerk's Office by the Registrar of Voters.
Sincerely,
Connie Brockway, CMC
City Clerk
Enclosures: Elections Code §9114
Certificate as to Verification of Signatures on Petition from the Registrar
of Voters
CB:le
G:cbmemo12002cbmemlbaughpetition-le.doc
iTale phon e: 71 "36.52271
CITY OF HUNTINGTON BEACH
Inter -Department Communication H
TO; CONNIE BROCKWAY, City Clerk — FROM: GAIL HUTTON, City Attorney D
DATE: July 31, 2002
r n
SUBJECT: RLS 2002-0421. Available Election Dates for a Charter Amendment
Proposal -to Elect Councilmembers by District Rather than At -Large
INDEX: Elections; Procedures; General and Special Elections
On August 5, 2002, the City Council will be asked to select an election date concerning a
charter proposal .to amend the City of Huntington Beach's (sometimes "City") Charter, which
amendment would, inter alia, decrease the number of elected Councilmembers from seven to
five; impose a two -term limit on Councilmembers; and elect Councilmembers by district rather
than at large. The proponent of this proposal is Huntington Beach resident Scott R. Baugh. For
ease of reference, this proposal will hereafter be referred to as the "Charter Proposal." The
Charter Proposal contains a sufficient number.of registered voters' signatures in order to qualify
for the holding of an election.
The Charter Proposal, if it receives a favorable vote, is to become effective with the
City's General Municipal Election to be held on November 3, 2004.
If the Council, on August 5, 2002, selects an election date, then August 5`s, under the
state's Elections Code (sometimes "EC), will be known as the "date of the order of election."
QUESTION
What are the appropriate, authorized election dates, available for selection by the City
Council, regarding a qualified City Charter amendment proposal to be submitted to the voters?'
ANSNVER
Pursuant to California Elections Code §§ 9255 and 1415, the following six election dates
are available for selection by the City Council, regarding the Charter Proposal:
1. November 5, 2002 4. November 4, 2003
2. March 4, 2003 5. March 2, 2004
3. June 3, 2003 b. April 13, 2004
t City Charter § 702 states that all City elections shall be held in accordance with the State of California's Elections
Code to the extent that it is not in conflict with the Charter. In terms of the issue of setting the Charter Proposal for
an election, there are no conflicts between the City's Charter and the state's Elections Code.
1w/02mancis/Elect Coundirri tubers by District 7/31/02 lab
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Connie Brockway
July 31, 2002
Page 2 of 5
All of these possible election dates "pre -date" the November 3, 2004 effective date of the
Charter Proposal (assuming it receives a favorable election vote). The Council is legally
obligated to select one of these dates.
ANALYSIS
Since the petition proposes significant changes to the City's Charter (its constitution), the
specific, applicable provisions of the California Elections Code dealing with election dates for
charter proposals are tC §§ 9255 and 1415.
Elections Code § 9255, enacted into law in 1994, states, in relevant part:
"§ 9255. Charter proposals; submission to voters
(a) The following city ... charter proposals shall be submitted to
the voters at either a special election called for that purpose, at any
established municipal election date, or at any established election
date pursuant to (Elections Code) section 1000, provided that there
are at least 88 days before the election ...
(3) An amendment ... of a city charter proposed by a
petition signed by 15 percent of the registered voters of the city ..."
In our opinion, the current Charter Proposal, which would make significant changes as to
how Councilmembers are elected, is a proposal that qualifies under EC § 9255(a)(3).
Elections Code § 1415, enacted into law two years later in 1996, states, in pertinent part:
"Charter proposals
City ... charter proposals that qualify pursuant to (Elections Code)
section 9255 shall be submitted to the voters at either the next
regular municipal election occurring not less than 88 days after the
date of the order of election, or at a special election called for that
purpose or on any established election date pursuant to (Elections
Code) section 1000 occurring not less than 88 days after the date of
the order of election" (Emphasis added.)
2 We note that several differences exist between Elections Code § 9255(a) and Elections Code § 1415. One of the
major differences, concerning "special elections," is that, under section 9255(a), 88 days must elapse between the
date of the order of election (in this case August 5, 2002) and the date of the special election itself, while under
section 1415, this 88-day period is not a requirement. In our opinion, for the following reasons, section 1415 is the
controlling statute. First, section 1415 was enacted into Iaw in 1996, two years after section 9255. Presumably, the
state Legislature was aware of the language of earlier section 9255 when it enacted section 1415 into law in 1996.
Second, section 1415 not only specifically refers to section 9255, but to section 9255 in such a way as to make
section 1415 the controlling section. And third, practically speaking, it really makes no difference which section
controls as the three election date "alternatives" in each section are essentially the same.
V
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Connie Brockway
July 31, 2002
Page 3 of
Under EC § 1415, three possible alternatives or options are available to the City Council
in setting an election date regarding the Charter Proposal: (1) the next regular general municipal
election occurring not less than 88 days after the date of the order of election; (2) at any special
election called for that purpose; or (3) on any established election date. pursuant to EC § 1000
occurring not less than 88 days after the date of the order of election.
We will now separately discuss all three of these alternatives.
1. THE NEXT REGULAR GENERAL MUNICIPAL ELECTION OCCURRING
NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER OF
ELECTION
Under City Charter § 700, the City's general municipal elections are held on the first
Tuesday after the first Monday in November in each even numbered year.
The date of the next City General Municipal Election is November 5, 2002.
The City Council, if it so chooses, can set the Charter Proposal for the November 5, 2002
election. Eighty-eight days will have elapsed between August 5, 2002 (the date of the order of
election) and November 5, 2002?
2. AT ANY SPECIAL ELECTION CALLED FOR THAT PURPOSE
Elections Code § 356 defines a "special election" as:
"... an election, the specific time for the holding of which is not
prescribed by law."
At first blush, it would appear that the City Council is free to select whatever day, month
or year it desires for the special election date. In fact, under EC § 1415, 88 days does not have to
elapse between the date of the order of election (August 5, 2002) and the date of the special
election itself (see footnote 2, ante).
But there is an important limitation; that being EC § 1002. Section 1002 states that ".. .
all ... municipal,... elections shall be held on an established election date." (Emphasis added.)
EC § 1000 establishes five yearly election dates. This means that any "special municipal
election" must be held on one of the state's "established election dates."
"Established election dates" will be discussed under the third alternative.
In summary, the possible election'dates for the Charter Proposal are the same under both
the second and third options.
We note that August 9, 2002, is the 88th day prior to November 5, 2002.
dw/02memos/Elect Councilmembers by Districtqk
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Connie Brockway
July 31, 2002
Page 4 of 5
3, ON ANY ESTABLISHED ELECTION DATE PURSUANT TO (ELECTIONS
COD SECTION 1000 OCCURRING NOT LESS THAN 88 DAYS AFTER
THE DATE OF THE ORDER OF ELECTION
EC § 1000 sets forth the following five yearly established election dates:
•: The second Tuesday of April in each even -numbered year the next
election date would be A Ll 13.2004
• The first Tuesday after the first Monday in March of each odd -numbered
year the next election date would be March 4 2003
• The first Tuesday in March in each even -numbered year (the next election
date would be March 2.2004)
• The first Tuesday alter the first Monday in June of each odd -numbered
year (the next election date would be June,3, 2003)
The first Tuesday after the first Monday in November of each year (the
next two election dates would be November 5, 2002 and November 4.
2003)- _ ..
In summary, six possible election dates, under this third alternative, are available to the
City Council regarding the Charter Proposal: November 5, 2002; March 4, 2003; June 3, 2003;
November 4, 2003; March 2, 2004; and April 13, 2004. The six possible dates are also available
under the second alternative, regarding the holding of a special election.
4. THE APPLICABILITY OF CHARTER 700 AND 701
The provisions of City Charter §§ 700 and 701 played little part in our analysis. Charter
§ 700 provides that the City's general municipal elections shall be held on the first Tuesday after
the fast Monday in November in each even numbered year. As stated earlier,'the City's next
General Municipal Election is November 5, 2002. Charter § 701 states that "... (a)II other
municipal elections that may be held by authority of this charter, or of any law (e.g., the state's
Elections Code), shall be known as special municipal elections" Thus, if the City Council sets
the Charter Proposal for one of the five available dates other than November 5, 2002, it shall be
deemed a special municipal election under Charter § 701, and, under Elections Code § 12001,
the Council must adopt a resolution calling, the election.
�4
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Connie Brockway
July 31, 2002
Page 5 of 5
CONCLUSION
Coalescing the three EC § 1415 alternatives together, the following election dates are
available for City Council consideration, regarding the Charter Proposal:
1.
November 5, 2002
2.
March 4, 2003
3.
June S, 2003
4.
November 4, 2003
5.
March 2, 2004
6.
April 13, 2004
Please feel free to attach this opinion to your Request for Council Action concerning the
Charter Proposal.
Inv
GAIL HUTTON 113�
City Attorney Q N`
cc: Ray Silver, City Administrator
Bill Workman, Assistant City Administrator
�.q��l O.�i►iian �' � ��3 c�, h, L4
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(d) If any section, subsection, part, subpart. paragraph, clause or phrase of this amendment. or any amendment or revision of this
amendment. is for any rea$on held to be invalid or unconstitutional. the remaining sections. subsections. parts. subparts. paragraphs.
clauses or phrases shall not be affected but shall remain in full force and effect. (1217/90)
Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided, the City shall be bound by a contract only if it is made
in writing. approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated
by the Cite Council and only upon the direction of the City Council. Exceptions to this procedure are as follows:
(a) By ordinance or resolution the City Council may authorize the City Administrator or other officer to bind the City. nvith or without
a written contract. for the acquisition of equipment. materials. supplies, labor. services or other items included within the budget
approved by the City Council, and may impose a monetary limit upon such authority.
(b) By ordinance or resolution. the City Council may provide a method for the sale or exchange of personal property not needed in the
City service or not tit for the purpose for which intended. and for the conveyance of title thereto.
(c) Contracts for the sale of the products. commodities or services of any public utility owned. controlled or operated by the City ma%
be made by the manager of such utility or by the head of the department or City Administrator upon forms approved by the City
Administrator and at rates fixed by the City Councii.
Section 614. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided. every contract involving an expenditure
of more than Twenty-five Thousand Dollars ($25.000) for the construction or improvement (excluding maintenance and repair) of
public buildings. Works. streets. drains, sewers. utilities, parks and playgrounds: and each separate purchase of materials or supplies for
the same. n'here the expenditure required for such purchase shall exceed the sum of Twenty-five Thousand Dollars ($25.000). shall be
let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions. the first of
Which shall be at least ten days before the time for opening bids.
The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids. or if no bids are
received, or without advertising for bids if the total amount of the contract or project is less than Twenty• -five Thousand Dollars
(525.000). the City Council may declare and determine that in its opinion. the work in question may be performed better or more
economically by the City with its ou n eritployees. or that the materials or supplies may be purchased at loner price in the open market.
and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council. it may
proceed to have said wort; done or such materials or supplies purchased in the manner stated Without further observance of the
provisions of this section.
All public narks contracts exceeding the sum of Twenty-five Thousand Dollars ($25.000) may be let and purchases exceeding the sum
of Twenty-five Thousand Dollars (S25.000) may be made without advertising for bids if such work or the purchase of such materials or
supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life. health. or property and shall be
authorized by at least five aftirmaike votes of the City Council.
Projects for the extension, replacement or expansion of the transmission or distribution system of any existing public utility operated
by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements
of this section by the affirmative vote of a majority of the total members of the City Council.
Section 615. GRANTING OF FRANCHISES. The Cin• Council shall by ordinance regulate the granting of franchises for the City.
Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may
provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such
accountants who have no personal interest. direct or indirect. in the fiscal affairs of the City government or am• of its officers. The
Council may. without requiring competitive bids. designate such accountant or firm annually provided that the designation for any
particular fiscal year shall be made no later than thirw days after the beginning of such fiscal year. As soon as practicable after the end
of the fiscal year. a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed
to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for
inspection by the general public. and a copy of the financial statement as of the close of the fiscal year shall be published in the official
newspaper.
ARTICLE VII
ELECTIONS
Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the City on the first Tuesdav in
http://www.hbsurfeity.com/clerk/charter.htm 7/24/02
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November in each even numbered year. (12/9/82)
Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter. or of
any law. shall be known as special municipal elections.
Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the
Elections Code of the State of California. as the same now exists or hereafter. may be amended. for the holding of municipal elections.
so far as the same are not in conflict with this Charter.
Section 703, INITIATIVE. REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the
initiative and referendum and of the recall of municipal elective officers. The
provisions of the Elections Code of the State of California. as the same now exists or hereafter may be amended. governing the
initiative and referendum and the recall of municipal officers. shall apply to the use thereof in the City so far as such provisions of the
Elections Code are not in conflict with the provisions of this Charter.
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office must be signed by not less than
twenty nor more than thin electors of the Citv.
ARTICLE VIII
MISCELLANEOUS
Section 800. TRANSITION. Elective officers and elective officers whose ofiiccs 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. DEFINITIONS. 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 and shall be punishable upon
conviction by a tine not exceeding Five Hundred Dollars (S500) or by imprisonment for a term of not exceeding six months or by both
such tine and imprisonment. and each day that any such violation continues shall constitute a separate violation.
Additional Copies Of This Charter May Be Obtained From The Office Of The City Clerk 2000 Main Street. Huntington Beach. CA
92649.
httpl/www.hbsurfcity.com/clerk/charter.htm 7124/02
MEETING ASSISIMCE NOTICE - AMERICANS WITH dWBILITIES ACT
In accordance with the Americans with Disabilities Act the following services are available to members of
our community who require special assistance to participate in City Council and Redevelopment Agency
meetings. If you require, American Sign Language Interpreters, a reader during the meeting, and/or large
print agendas, to make arrangements, please call: Office of the City Clerk (714) 536.5227.
To make arrangements for an assisted listening system (ALD) for the hearing Impaired, please contact:
the Sergeant at Arms (714) 536-5693 or the City Clerk (714) 536.5227.
72 hours prior notification will enable the city to make reasonable arrangements to ensure accessibility to a meeting.
ACTION
AGENDA
CITY COUNCIUREDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH
MONDAY, AUGUST 5, 2002
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
5:00 P.M. - Room B-8
Call Clty CounclI/Redoval opment Agency Meeting to Order
Roll Call Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
Present
Public Comments Regarding Study Session and Closed Session Agenda Items
None
Cltv Council] Studv Session -- Community Services Update Re: Capital Improvement
Proaram Protects Includina Phase 1 and 11 Beach Improvements. Park Improvements. and
New Funding Opportunities ( . )
The Community Services Department will present a status report on their Capital Improvement
Program and their Special Projects including Beach Improvements, Park Improvements and
New Funding Opportunities.
""A PowerPoint presentation titled Community Services Projects is included in the agenda packet.
Community Services Director presented PowerPoint report (1) Beach
Maintenance Facility; (2) Huntington Central Park Sports Complex; (3) South
Beach Improvements Phases I & 11, (4) Tot Lot Replacement Equipment & Park
Play Equipment Replacement; (5) Rodgers Senior Center; (6) Murdy Park —
Edison Park/Kettler; (7) Waterfront Cabana & South Beach Concession Facelifts;
(8) Law Enforcement Training Center; (9) Dog Park Relocation; (10) Hansen
Recycling Center— Future Funding Options.
COMPUTER INTERNET ACCESS TO CITY COUNCIL/REDEVELOPMENT AGENCY
AGENDAS IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS
h Hp://www. s urfcl ty-h b. o rg
• •
(2) August 5, 2002 - Council/Agency Agenda - Page 2
Call Closed Session of City Council/Redevelopment Agency
Recommended Action: Motion to recess to Closed Session on the following items:
Approved 7-0
(City Council) Closed Session -- Pursuant to Government Code Section 54956.8 to give
instructions to the city's negotiators, Amy Bodek, Real Estate Manager regarding negotiations
with bidders Leopoldo & Amparo Arroyo and Sandra and Albert Valdez, Sharon &
Norman I. Harbolt, Jr. and Hsing Chuan & Chen Chu; Brian and Barbara Sullivan;
Robert J. Koury; Michael R. Levy concerning the purchase/salelexchangellease of the
property located at 438 Main Street, Huntington Beach. Instruction will concern both price and
terms of payment. Subject: Property at 438 Main Street. (120.80)
(City Council) Closed Session- Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding litigation which has been initiated formally and to which the city is a
party. The title of the litigation is Department of Fair Employment and Housing v. City of
Huntington Beach (Real Party in Interest: Jeffrey Renna); Orange County Superior Court Case
No. 01CC09578. Subject: Department of Fair Employment and Housing v. City of
Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54957.6 to meet
with its designated representatives, Agency Negotiators: William Workman, Assistant City
Administrator, Clay Martin, Director of Administrative Services; Ronald Hagan, Director of
Community Services; and Steven M. Berliner, Esq. of Liebert Cassidy Whitmore regarding
labor relations matters — meet and confer with the following employee organizations:
HBMEA, HBMEO, and SCLEA. Subject: Labor Relations — Meet & Confer. (120.80)
0
August 5 2002 - CouncillA enc Agenda - Page 3
(3) g 9 Y 9 9
The City Council and the Redevelopment Agency of the City of Huntington Beach
will regularly convene in joint session for the purpose of considering the following
City Council -Redevelopment Agency Agenda Items.
The Huntington Beach Parking Authority, Civic Improvement Corporation, and the Huntington
Beach Public Financing Authority are also agencies on which Council serves as members.
On each Agenda these Agencies may have items scheduled.
7:00 P.M. - Council Chambers
Reconvene City Council/Redevelopment Agency Meeting
*' The Clty Attorney Shall Determine If Any Actions Taken By The City Council or
Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions
As Required By Law (Government Code §54957.11(a) (3) (B)).
Roll Call Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
Pledge of Allegiance and Flag Salute — Boy Scout Troop 558, Marine View Middle School and
Spring View Middle School. Patrol Leader Eric Freeman.
Pursuant to the Brown Act (Open Meetings Act the CIty Clerk Announces Late
Communications Received by Her Office Which Pertain to Items on the Agenda
(1) Copies of late communications submitted by City Councilmembers or City Departments are
available for the public at the City Clerk's desk. (2) Late communications submitted by
members of the public will be made available to the public at the City Clerk's Office the morning
after the Council meeting.
The Mayor announced the passing of Mike Abdelmuti, a wonderful person and
businessman who contributed much to the City.
Presentation -- By Mayor Cook to Don MacAllister, founding member of the HB Intemational
Surfing Museum; and Ann Beasley, World Ambassador for HB International Surfing, of a "Duke
Stamp Proclamation" celebrating issuance of the Duke Paoa Kahanamoku Stamp, for his
contributions to the world of Surfing and his love of Huntington Beach. On August 25, 2002 the
HB International Surfing Museum will celebrate the "Second Day of Issue" event. The "First Day
of Issue" will be in Hawaii on Saturday, August 24, 2002.
Presentation — To Mayor Debbie Cook and Robert F. Beardsley, Director, Public Works, by
Director Joan Finnegan, Division Four Director, Municipal Water District of Orange County, of
the MWDOC 50th Anniversary Commemorative Poster to the City Council in recognition of the
City of Huntington Beach for its local water management efforts and its ongoing cooperative
relationship with MWDOC.
• •
(5) August 5, 2002 - Council/Agency Agenda - Page 5
C-1. Council Commlttee/Council Liaison Reports
C-1a.(City Council Declare Parcels as Surplus Prolaeqy and Direct Staff to Return to
the Council/Redevelopment Agency for Api2ropriate Action at a Date Uncertain
Communication from Mayor Pro Tem/Vice Chair'Connie Boardman on behalf of the
Economic Development Committee transmitting that in December 2001, staff prepared a
comprehensive inventory of all property owned by the city and the Redevelopment
Agency. The majority of the parcels are improved for public purposes, such as the Civic
Center complex, parks, beaches, water reservoirs, well sites and other public facilities.
There are, however, a number of parcels that are either vacant or underutilized.
At the July 8, 2002 Economic Development Committee (EDC) meeting, staff presented a
list of 13 properties for consideration and review. Committee members in attendance
were, myself, Councilmember Houchen, and Councilmember Wincheil.
The attached list identifies EDC's recommendations on each of the 13 properties. From
this list, EDC unanimously recommends that the four following properties be considered
for surplus and ultimate sale:
Owner Locations Est. Value
RDA 438 Main Street $735,000
RDA 200-204 Fifth Street (Shank House) $585,000
City Parcel at CenteNHuntington Village Way $185,b00
City Emerald Cove $3,000,000
$4,505,000
EDC further recommended that the Shank House be considered for surplus only if its
historic status could be protected through covenants, restrictions or other mechanisms.
The EDC would not support the Shank House being declared surplus if the building
could later be torn down for future development.
The EDC was unanimous in its belief that the appraised values assigned to the surplus
properties were below today's current market values, particularly for the properties
located in the Downtown.
If the City Council grants approval to declare these four properties surplus, staff will
finalize the necessary background research and then seek additional City Council
authorization to proceed with an actual sale.
Captain Jon Arnold reported at the request of Council re: the importance of
the downtown substation at the Shank House.
(Continued on Next Page)
• •
(6) August 5, 2002 - Council/Agency Agenda - Page 6
Recommended Action: Motion:
To direct the City Attorney's Office to prepare the appropriate resolutions to declare the
four above mentioned parcels as surplus, and direct staff to return to the City Council
with separate resolutions and requests for action at the appropriate time.
Voted to approved Recommended Action for all properties (except Shank
House) with direction on Emerald Cove that commercial brokers know that
rent of senior units can be brought up to the full restricted rent for low
income & very low Income seniors; that rents would remain same for
current senior residents; also that an alternative to a police substation at
the Shank House will be explored.
Councilmembers Winchell requested and Council concurred that a report
be presented on the income level of all seniors currently residing at
Emerald Cove.
Approved 7-0
C-2. City Administrator's Report
None
C-3. (City Council) Review and Accept Shari Freidenric_City Treasurer's June 2002
Report Titled City of Huntington Beach Summry C of Citesvestment Portfolio,
Bond Proceeds and Deferred Compensation Activity(310.20)
Communication from City Treasurer Shari Freidenrich transmitting the Monthly
Investment Report for June 2002.
Recommended Action: Motion to:
Review and accept the monthly report. Following review of the report, by motion of
Council, accept the Monthly Investment Report Summary of Investment Portfolio, Bond
Proceeds, and Deferred Compensation Activity for June 20OZ pursuant to Section 17.0
of the Investment Policy of the City of Huntington Beach.
Approved 7-0
•
(7) August 5, 2002 - Counci Agency Agenda - Page 7
D. PUBLIC HEARINGS
Anyone wishing to speak on an OPEN public hearing is requested to complete the attached
Pink form and give it to the Sergeant -at -Arms located near the Speaker's Podium.
D-1. (City, Council) Public Hearing to Consider Adoption -of Resolution_No. 2002-71
g
Relatinto the City's FireMed Emergency Medical Services Cost Recovery Fee
Scher ( ..)
Communicatibn from the Fire Chief/Information Systems Director.
Public hearing for the purpose of considering revisions to the City's FireMed user fee
schedule. All proposed revisions are cost recovery in nature. It is proposed that a new
rate schedule be adopted which will require nigher fees to be paid by persons, or their
respective insurance companies, that use the City's Emergency Medical Services
system. It is estimated that approximately $310,000 of additional revenue would be
generated in FY 2002/03 as a result of the revised rate schedule.
The type of fees under consideration for revision include Advanced Life Support, basic
Life Support, emergency ambulance transportation, specific medications, and related
paramedic supply charges. The Huntington Beach Fire Department is proposing a
revised user fee schedule that recovers the increased cost of these -items or services.
A complete report detailing proposed revisions to the FireMed Emergency Medical
Services fee schedule is available for review by the public at City Hall, 2000 Main Street,
In the City Clerk's Office between the hours of 8:00 a.m. and 5:00 p.m., after Friday,
August 2, 2002. Interested persons may also contact the Fire Department at 2000 Main
Street, Huntington Beach, California, 92648 to receive additional information.
All persons are invited to attend the public hearing and provide the City Council with written and oral
comments and ask questions conceming proposed revisions to the City's FireMed Emergency Medical
Services fee schedule.
The City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission
or access to, or treatment or employment In, City programs, or activities. The City of Huntington Beach is an
equal opportunity employer.
1. Staff report
2. City Council discussion
3. Open public hearing
4. Following public input, close public hearing
Recommended Action: Motion to:
Adopt Resolution No. 2002-71 amending Resolution No. 97-54 titled "A Resolution of
the City Council of the City of Huntington Beach Setting Advanced Life Support, Basic
Life Support, Emergency Ambulance Transportation, Medications and Specialized
Supply Fees to be Charged by the Fire Department of the City of Huntington Beach."
Opened & Continued Open to August 12, 2002 at 4:00 p.m. (7-0)
0 •
(8) August 5, 2002 - Council/Agency Agenda - Page 8
D-2. (City Council) Public Hearing to Consider Adoption of Resolution No. 2002-72 —
Approving Annual Assessment for Fiscal Year 2002-2003 to Fund Iml2rovements
Within Huntington Beach Atha Dealers Business Improvement District (BID?
(460.30)
Communication from the Economic Development Director.
Public hearing pursuant to Resolution of Intention No, 2002-56 adopted on
July 15, 2002 to hear all interested persons for or against the continuation of the
Huntington Beach Auto Dealers Business Improvement District (BID) Assessment and
the furnishing of specified types of improvements or activities. Said hearing is for the
purpose of hearing all interested persons for or against levying of the assessment, and
the furnishing of specified types of improvements or activities. Protests may be made
orally or in writing; but, if written, shall be filed with the City Clerk at or before the time
fixed for the hearing and contain sufficient documentation to verify business ownership
and validate the particular protest. If written protests are received by the owners of
businesses within the District, which will pay 50% or more of the total assessments to be
levied, no further proceedings to levy the proposed assessment shall be taken for a
period of one year from the date of the finding of a majority protest by the City Council.
If the majority protest is only against the furnishing of a specified type or types of
Improvements or activity within the District, those types of improvements or activities
shall be eliminated.
Fiscal Year 2002-2003 dealer assessments are based upon $8151month for each of the
13 member dealers. The Huntington Beach Auto Dealers Association is the Board of
Directors for the BID and they propose assessments for the BID for City Council review
and approval. The Huntington Beach Auto Dealers Association unanimously approved
the 2002-2003 BID budget at their June 2002 meeting.
1. Staff report
2. City Council discussion
3. Open public hearing
4. Following public Input, close public hearing
Recommended Action: Motion to:
Adopt City Council Resolution No. 2002-72 - "A Resolution of the City Council of the
City of Huntington Beach Approving an Annual Assessment for Fiscal Year 2002-2003 to
Fund Improvements within the Huntington Beach Auto Dealers Business Improvement
District."
Adopted Res. No. 2002-72 (7-0)
(9) August 5, 2002 - Council/Agency Agenda - Page 9
13-3. (City Council) Public Hearing to Consider Adoption of Resolution No. 2002-73
Ai3provina Issuance by the California Statewide Communities Development
Authority of Multi -Family Affordable Housing Revenue Refunding Bonds —
Villa a Senior Apartments to be Renamed Heritage Park at Huntington Beach
16171 Springdale Street_ --114 Units — Huntington Beach Heritage Park, L.P.. .
Owner and Operator ( )
Communication from the Economic Development Director.
Public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, at
which the City Council of the City of Huntington Beach will hear and consider information
concerning the proposed issuance by the California Statewide Communities
Development Authority of multifamily housing revenue bonds in an aggregate principal
amount not to exceed $10,000,000 to finance the acquisition and rehabilitation of an
114-unit multifamily rental housing project located at 16171 Springdale Street,
Huntington Beach, California, and generally known as Huntington Village Senior
Apartments, which is to be renamed Heritage Park at Huntington Beach (the "Project').
The Project will be owned and operated by Huntington Beach Heritage Park, L.P., a
California limited partnership, or affiliated entities.
Those wishing to comment on the proposed financing and the nature and location of the Project may either
appear In person at the public hearing or submit written comments, which must be received by the City prior
to the hearing. Written comments should be sent to the City of Huntington Beach, 2000 Main Street,
Second Floor, Huntington Beach, California 92648, Attention: City Clerk.
1. staff report
2. City Council discussion
3. Open public hearing
4. Following public input, close public hearing
Recommended Action: Motion to:
1. Open the public hearing, take testimony, and close the public hearing on the
proposed issuance of Multifamily Housing Revenue Bonds;
and
2. Adopt Resolution No. 2002-73 —A Resolution of the City Council of the City of
Huntington Beach Approving the Issuance of Multifamily Housing Revenue Bonds by
the California Statewide Communities Development Authority."
Adopted Res. No. 2002-73 (6-0-1 Houchen out of room)
(10) August ust 5,2002 - CounciA enc Agenda - Page 10
D-4. (City Council) Public Hearinc>I to Consider Approval of Revised Comprehensive
Fee Schedule for the Bulldin-q and Safety and the Fire Departments and
Automation Fee for all Development and Business License Service Fees — Adopt
Resolution No. 2002-75 ( . )
Communication from the Building & Safety Director and the Fire Chief/Information
Systems Director.
Public hearing for the purpose of considering new and revisions to City fees. Fees
under consideration are under the jurisdiction of the Building & Safety and Fire
Departments.
A new automation fee is proposed on all development and business license service fees.
The new fee will offset the annual maintenance for the new city-wide permit system.
New Fire Department fees are proposed for new business fire clearance inspections; fire
company safety inspections; emergency access gates, pedestrian or vehicle, plan
reviews and inspections; fire lanes, plan reviews and. inspections; fire extinguisher
training; emergency evacuation trainings; and miscellaneous other public education
training.
A complete report detailing proposed new fees is available for review by the public at
City Hall, 2000 Main Street, in the City Clerk's Office between the hours of 8:00 a.m. and
5:00 p.m., after Friday, August 2, 2002. Interested persons may also contact the
Building & Safety Department at 2000 Main Street, Huntington Beach, 92648 to receive
additional information.
All persons are invited to attend the pubiic hearing and provide the City Council with written and oral
comments and ask questions conceming the proposed new fees and revisions to the City fee schedules.
Written communications to the City Council may aiso be mailed to the City Clerk.
The City of Huntington Beach endeavors to accommodate persons of handicapped status in the admission
or access to, or treatment or employment in, City programs or activities. The City of Huntington Beach is an
equal opportunity employer.
1. Staff report
2. City Council discussion
3. Open public hearing
4. Following public input, close public hearing
Recommended Action: Motion to:
Adopt Resolution No. 2002-75 — "A Resolution of the City Council of the City of
Huntington Beach Amending Resolution No. 5159 Entitled, 'A Resolution of the City
Council of the City of Huntington Beach Establishing a Fee Schedule,' and Specifically
Establishing New Development and Business License Service Fees (Supplemental
Fee Resolution No. 88)."
Opened & Continued Open to August 12, 2002 at 4:00 p.m. (7-0)
0 0
(11) August 5, 2002 - Council/Agency Agenda - Page 11
D-5. (City Council) Public Hearing to Consider Approval of Zoning Text Amendment
No. 02-01 Wireless Communications Facilities (Various Commercial, Industrial
and Residential Districts) — Approve Introduction of Ordinance No. 3568
Xmendln-q Chapter 230 Site Standards of the Huntington Beach Zoning and
Subdivision Ordinance { )
.Communication from the Planning Director.
Public hearing to consider:
Applicant: City of Huntington Beach
Request: To amend Chapter 230 (Site Standards) of the Huntington Beach Zoning and
Subdivision Ordinance (HBZSO) to establish wireless communication facility
development regulations. The request includes amending various sections of the
HBZSO as It pertains to definitions and permitting wireless communications facilities in
various districts (residential, commercial, industrial, etc.).
Location: Citywide
Environmental Status: Notice is hereby given that this item is categorically exempt
from the provisions of the California Environmental Quality Act.
n File: A copy of the proposed request is on file In the City Clerk's Office, 2000 Main Street, Huntington
Beach, California 92648, for inspection by the public. A copy of the staff report will be available to Interested
parties at the City Cleric's Office on Friday, August 2, 2002.
ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence
for or against the application as outlined above. If you challenge the City Council's action In court, you may
be limited to raising only those issues you or someone else raised at the public hearing described in this
notice, or In written correspondence delivered to the City at, or prior to, the public hearing. If there are any
further questions please call the Planning Department at (7140 536-5271 and refer to the above items.
Direct you written communications to the City Clerk.
1. staff report
2. City Council discussion
3. Open public hearing
4. Following public input, close public hearing
Recommended Action: Motion to:
Planning Commission and Staff Recommendation:
Approve Zoning Text Amendment No. 02-01 with Findings for Approval (Attachment
No. 1) and approve introduction of Ordinance No. 3568 — "An Ordinance of the City of
Huntington Beach Amending the Huntington Beach Zoning and Subdivision Ordinance
by Relating to Wireless Communications" amending various sections of the Huntington
Beach Zoning and Subdivision Ordinance and adding Section 230.96 thereof relating to
wireless communication facilities (Attachment No. 2)."
Approved Recommended Action (6-0-1 Green out of room)
(12) August 5, 2002 - CounA enc Agenda - Page 12
D-6. (City Council) Public Hearing to Consider Approval of the 2002-2003_Action Plan
for the CDBG Community Development Block Grant/Home Programs (340.70)
Communication from the Economic Development Director.
Public hearing to consider approval of the 2002-2003 Action Plan in accordance with the
City's Consolidated Plan (CP) as required by the U.S. Department of Housing and Urban
Development (HUD) for receipt of $1,668,000 in Community Development Block Grant
(CDBG) funds, and $756,000 in HOME Investment Partnership (HOME) funds. The
2002-2003 Action Plan proposes the CDBG and HOME budgets from October 1, 2002 to
September 30, 2003, a twelve-month period.
The City followed Its Citizen Participation Plan. The Citizen Participation Advisory
Board (CPAB) held two public hearings on community needs and held subsequent
monthly public meetings. Citizens may review and comment on the draft 2002-2003
Action'Plan in the Department of Economic Development or at the Central Library.
The public comment period began July 16, 2002 and will end August 14, 2002. Public
comments received during this time will be attached to the Action Plan and sent to HUD.
CDBG REVENUE: AMOUNT
CDBG 2002/2003 Entitlement Grant $1,668,000
STAFF -PROPOSED CDBG ACTIVITIES:
Administration $293,328
Fair Housing Council 40,272
City Gym & Pool Sec. 108 Loan Payment 260,261
Code Enforcement Program 162,658
Community Job Center 59,992
Alabama Storm Drain Construction 456,162
Housing Rehabilitation Loan Program Administration 145,127
Police Community Outreach
Community Service Programs
Oak View Community Center
Oak View Library Literacy Program
Project Self -Sufficiency
Seniors Outreach Program
TOTAL:
CPAB-PROPOSED CDBG ACTIVITIES:
Administration
Fair Housing Council
11,000
31,000
35,000
34,000
77,791
61,409
$293,328
40,272
City Gym & Pool Sec. 108 Loan Payment 260,261
(Continued on Next Page)
(13)
0 4
August 5, 2002 - CouncPlAgency Agenda - Page 13
Code Enforcement Program 162,658
Community Job Center 49,992
Alabama Storm Drain Construction 436,289
Park Improvements 25,000
Housing Rehabilitation Loan Program— Administration 140,000
Rebuilding Together 10,000
Adult Day Services
10,000
Community Service Programs
31,000
Council on Aging
6,000
Huntington Beach Community Clinic
39,791
Oak View Community Center
30,000
Oak View Library Literacy Program
29,000
Project Self -Sufficiency
49,705
Seniors Outreach Program
49,704
Working Wardrobes
51000
TOTAL:
HOME Investment Partnership
In an effort to expand and preserve Its existing affordable housing stock, Huntington
Beach has worked with Community Housing Development Organizations (CHDOs) to
acquire multifamily rental properties. These buildings are rehabilitated and then are
made available to persons below 60% of Orange County median income for a minimum
of 30 years. The CHDO must enter into an agreement with the City that outlines all of
the affordability requirements, property maintenance standards, and long-term
monitoring requirements that are required by HOME regulations.
The following activities are proposed for the 2002-2003 HOME program:
HOME REVENUE: AMOUNT
HOME 2002/2003 Entitlement Grant $ 756,000
HOME PROPOSED ACTIVITIES:
Administration 75,600
Acquisition 680,400
The Consolidated Plan sets local policies and priorities for the development of a viable
urban community by providing decent housing and a suitable living environment and
expanding economic opportunities principally for low- and moderate -income persons.
The city intends to extend and strengthen partnerships among all levels of government
and the private sector, including for -profit and non-profit organizations in order to provide
for: the production and operation of affordable housing; a suitable living environment
improving the safety and livability of neighborhoods; assistance to homeless persons
and persons at risk of becoming homeless to obtain appropriate housing, without
discrimination on the basis of race, color, religion, sex, national origin, familial status, or
disability; and expand economic opportunities including job creation and retention.
(Continued on Next Page)
• 0
(14) August 5, 2002 - Council/Agency Agenda - Page 14
Public comments can be made at the hearing and during the public review period.
A copy of the Draft Action Plan, which includes a detailed listing and description of the
proposed activities is available at the Central Library, 7111 Talbert Avenue, Huntington
Beach, during normal library hours; and at the Economic Development Department, 5th
floor, 2000 Main Street, Huntington Beach, Monday through Friday, between the hours
of 8:00 AM and 5.00 PM. Written comments can be addressed to: Connie Brockway,
City Clerk, City of Huntington Beach, 2000 Main Street - 2nd floor, Huntington Beach,
California 92648, Phone: (714) 536-5227.
1. Staff report
2. City Council discussion
3. Open public hearing
4. Following public input, close public hearing
Recommended Motion
Citizen PaFtipleatlen .. -
aa as •
■ aaa w
aaa
a"
rr.;r 1
Staff Recommendation:
1. Approve the 2002/2003 Staff Recommended Action Plan (Attachment 2), for the
CDBG Program in the amount of $1,668,000 and the HOME Program in the amount
of $756,000;
and
2. Authorize the City Administrator to execute the required certifications;
and
3. Authorize submission of the Action Plan to the U.S. Department of Housing and
Urban Development.
Motion: Approve Staff Recommendation as amended to find in budget to
reach staff recommended level of funding for PSS (Approved 4-3
Boardman, Cook, Houchen No)
(Continued on Next Page)
(15) August ust 5, 2002 - CouncliA enc Agenda - Page 15
Motion: Approve Staff Recommendation as amended with the following
amendments:
Adult Day Services $10,000
Huntington Beach Community Clinic $23,000
Project Self -Sufficiency . $56,496
Senior Outreach Program $60,704
Police Community Outreach $ 0
Approved 5-2 (Cook, Houchen No)
0 .
(16) August 5, 2002 - Council/Agency Agenda - Page 16
D-7. (City Counctii Public Hearing Pursuant to Resolution of Intent No. 2002-69
AdnntRd on July 15. 2002 to Consider the Formation of a Proposed Huntin
neacn noteumoiet Business improveme , Lit W.AtUli_ur
Ordinance No. 3569 ( . ) -'
Communication from the Economic Development Director.
Public hearing scheduled pursuant to Resolution of Intent No. 2002-69 adopted on
July 15, 2002 to hear all interested persons for or against the formation of a Community
Facilities District (CFD) which would allow for all hotels and motels in Huntington Beach
to achieve the goal of promoting the City as an overnight destination without increasing
the City's annual contract amount with the Conference & Visitors Bureau. The
establishment of a Business Improvement District requires approval by the City Council
as set forth by state law.
1. Staff report
2. City Council discussion
3. Open public hearing
4. Following public input, close public ?gearing
Recommended Action: Motion to:
1. Conduct public hearing to consider all protests against the establishment of the BID;
and
2. Approve introduction of Ordinance No. 3569 —."An Ordinance of the City Council of
the City of Huntington Beach, ' California, Establishing a Business Improvement
District, Called the `Huntington Beach Hotel/Motel Business Improvement District, for
All Huntington Beach Hotels and Motels."
Approved introduction of Ord. No. 3569 (7-0)
• August - Council/Agency Agenda - 1
(17} g 5, 2002 1 gency Ag Page 7
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council/Redevelopment Agency) Minutes - Approve and adopt the minutes of
the City Councii/Redevelopment Agency Regular meetings of July 15, 2002 as written
and on file in the Office of the City Clerk. Submitted by the Ci Clerk.
Approved 7-0
E-2. (City Council) Approve Two Youth Board Student Reappointments —
rUlUfllaf dF1U QUVtifl OLUUUM MJ2JJU1I11F11t;F11b — IwaSiaua-YYI't7111af1-IYldfmtft-VVdLdti-
Gallo-Robin and Park —for Term to Expire .tune 2003 ( ) —1. Approve the
reappointment of the following students to one-year terms on the Huntington Beach
Youth Board to expire June 2003 as recommended by Council Liaisons Mayor Debbie
Cook and Councilmember Pam Houchen:
Tatiana Bello Ocean View High School Representative
Megan Feldmar At -large Representative
and 2. Approve the. appointment of the following students to a one-year term on the
Huntington Beach Youth Board with terms to expire on June 2003 as recommended by
Council Liaisons Cook and Houchen:
Kelly iwanabe Edison High School Representative
Meera Wiseman Marina High School Representative
Natalie Marmer Huntington Beach High School Representative
Sarah Watarl At -large Representative
Samantha Gallo At -large Representative
Ben Robin At -large Representative
Joe Park At -large Representative.
Submitted by the Community Services Director. Funding Source: Not Applicable.
Approved 7-0
E-3. fCity Council) Anrnrove Prolect Plans and Specifications and Authorize
Advertisement of Bids for Concession Improvements at South Beach Phase I:
CC-1169 (Zack's Too, the Beach Hut and the Cabana) 1. Approve the project
plans and specifications and authorize the Director of Public Works to request bids for
the facade rehabilitation of two concession buildings and the rebuild of the Cabana
concession building at South Beach Phase I, CC-1169; and 2. Appropriate $435,000
from Lease Revenue Bonds, 2001 Series A to South Beach Improvements, Phase Il.
Submitted by the Community Services Director and the Public Works Director. Funding
Source: Funds in the amount of $435,000 will be appropriated from Lease Revenge
Bonds, 2001 Series A, to the South Beach Improvements, Phase II Account.
Approved 7-0
0 August 5 2002 - Councils enc Agenda - Page 18
{18) g 9 Y 9 9
E-4. (Redevelopment Aaencv) Armrove as to Form Lease between_Abdelmutl
Development Co. and Pac Pack Inc. a California Cor oration dba Prospects One
10ceanview Promenade) Suites 230.240 and 250 — Main Pler Redevelopment
Proiect Subarea (600.30) —
Submitted by the Depuly Executive Director._ Funding Source:
Redevelopment Tax Increment. (Suites 230, 240 and 250 in the Oceanview
Promenade.)
As no need to approve as rent not subsidized by Agency. Received & Filed
6-0-1 (Green out of room)
E-5. (City Council) Adopt Resolution No. 2002-76 Confirminq Reports of Cost for 2002
Weed Abatement on Private Propedy within the City ( . ) — Adopt Resolution
No. 2002-76 — "A Resolution of the City Council of the City of Huntington Beach
Confirming Reports of Cost for Weed Abatement on Private Property within the City --
2002 Season,"and direct all charges listed thereon be certified to the Orange County
2002-2003 Tax Roll. Submitted by the Public Works Director. Funding Source: A
special assessment totaling $15,715.72 will be charged to the Orange County property
tax roll and reimbursed to the City by the County of Orange as part of the ordinary
collection process.
Adopted 7-0
E-6. (City Council) Approve the 2002-03 Traffic Signal Installation Priority Llst ( ) —
Approve the 2002/03 Traffic Signal Installation Priority List. Submitted by the Public
Works Director. Funding Source: Funds for two traffic signal installations from the Air
Quality Management District (AQMD) 2766 Subvention Program. (115 locations were
identified as potential new signal locations. Intersections currently under design or
construction as capital projects were not included in the list which is included in the staff
report.)
Bob Stachelski, Transportation Mgr, DPW, reported at Council's request
on Beach Blvd. and Taylor St. Intersection, Councilmember Boardman
requested with provision that Beach/Taylor be No. 9 priority when
approved by Caltrans.
6-0-9 (Green out of room)
E-7. (City Councl
Municipal Employees Association (MEA) Positions and to Add New Delete Old
and Modify Mana ement Employees Organization MEO Positions ( . ) — Adopt
Resolution No. 2002-80 — "A Resolution of the City Council of the City of Huntington
Beach to Amend the Classification Plan by Adding, Deleting and Modifying
Classifications in the City Classification Plan." Submitted by the Administrative Services
Director. Funding Source: Funding for the amendment is included in the FY 01-02
budget.
Adopted 7-0
0
(19) August 5� 2002 - CouncTAgencyAgenda - Page 19
E-8. (City Council) Approve City Council Position on Lealslation Pending Before the
State Legislature and Congress as Recommended by the City Council
I nterciovernmental Relations Committee — Assembly Bills — AB2208 land and
AB 2252 Daucher Re: Funding — State Department and Area Agencies on A in
{ ) — The City Council Intergovernmental Relations Committee has reviewed the
legislation below and is recommending that the City Council take action on the following
items and authorize the Mayor to send letters reflecting the City's position to the
legislators: Motion: Support — AB 2208 (Wyland) which would require the California
Dept. of Aging (CDA) in consultation with the State Controller to develop and implement
procedures for electronic transfer of funds from the CDA to the Areas Agencies on Aging
(AAA) to provide for a broad range of home and community based services for
homebound seniors. Support — AB 2552 (Daucher) which would assure continuous
appropriation of monies from the Federal Trust Fund through the California Department
of Aging (CDA) to the Area Agencies on Aging (AAA) in the absence of an annual State
budget: Submitted by the Councilmember Shirley Dettloff, Chairperson
Intergovemmental Relations Committee on behalf of Mayor Debbie Cook and
Councilmember Ralph Bauer. Funding Source: None required.
Approved 7--0
0 0
(20) August 5, 2002 - Council/Agency Agenda - Page 20
F. Administrative Items
F-1. (City Council) Approve Renewal with Revisions of Lease Agreement Between the
City and Waterfront Hotel, LLC for the Waterfront Beach Cabana Concession
(Hyatt Regency Huntington Beach Resort and. Spa ( . )
Communication from the Administrative Services Director and the Community Services
Director requesting renewal of the lease agreement with Waterfront Hotel, LLC for the
Beach Cabana Concession using the Standard Concessionaire Lease Agreement.
Staff is requesting Council approval for the Director of Administrative Services to amend
the lease agreement to revise the term date when the city completes construction of the
Beach Cabana and turns it over to WATERFRONT to do tenant improvements, and to
insert a legal description of the leased premises when they are completed.
**A PowerPoint presentation titled Lease Agreement with Waterfront Hotel, LLC for the
"Waterfront Beach Cabana Concession"is included in the agenda packet.
Recommended Action: Motion to:
1. Approve the Lease between the City of Huntington Beach and Waterfront Hotel, LLC
for the Waterfront Beach Cabana using the standardized lease agreement with terms
and conditions as presented herein;
and
2. Authorize the Mayor and City Clerk to execute the lease;
and
3. Give the Director of Administrative Services the authority to amend the lease to
revise the term dates and insert a legal description of the leased premises.
Approved 5.0-2 (Green, Winchell out of room)
i •
(21) August 5, 2002 - Council/Agency Agenda - Page 21
F-2. (CRY Council) Adopt Resolution No. 2002-74 Amending the City's Full Cost
Recovery Fee Resolution Pertaining to Community Services Department Fees
(Clubhouse — Recreational — Cultural and Special Events Activities) { )
Communication from the Community Services Director requesting Council approval of
the amendment of certain Community Services Department recreational fees to provide
full cost recovery for delivering recreational services. Each year, the Community
Services Department reviews fees that are charged for recreational classes, activities,
parking, rental of facilities, specific events, etc., designed to provide the city with full cost
recovery with regard to direct program costs for the services being delivered. The
department looks at actual costs of services from the previous year and any anticipated
increase in those costs, e.g., staff costs or levels, supplies, equipment rental or
purchase, gas, electricity, water, security, contractual services, maintenance,
transportation, etc., and adjusts the fees accordingly.
The changes to the Community Services Department fees are listed in the staff report.
'"A PowerPoint presentation titled Community Services Department Recommended Fees
for 01102 is included in the agenda packet.
Recommended Action: Motion to:
Adopt Resolution No. 2002-74 — "A Resofution of the City Council of the City of
Huntington Beach Amending Resolution No. 5159 Entitled, `A Resolution of the City
Council of the City of Huntington Beach Establishing a City Fee Schedule' as to Services
Offered by the City's Community Services Department (Supplemental Fee Resolution
No. 87). "
Continued to August 12, 2002 (6-0-9 Winchell out of room)
{22) • August 5, 2002 - Counc�enc Agenda - Pa
9 Y a 22
9 9
F-3a. LOIN Councll) Accept the Certificate as to Verification of Signatures on Petition
Filed by Scott Baugh, Proponent to Amend Sections 300 and 704 of, and Add
Sections 314 315, 316, 317, 318 and 319 to the City Charter Relative to Decreasing
the Number. of Elected Councilmembers from 7 to 5, Electing Councilmembers by
District Instead of as Currently by At -Large and Imposing a Lifetime Two Term
Limit on Councllmembers Instead of the Current Two Consecutive Term Limit
{ )
Communication from the City Clerk informing Council that the above referenced petition
to amend the City Charter (Mr. Scott Baugh, proponent) has been examined by the
Orange County Registrar of Voters and found to have sufficient number of valid
signature of registered voters to qualify for placement on the ballot at an election date to
be determined by the City Council. Pursuant to Elections Code S. 9114 the City Cierk is
certifying to the City Council the results of the County Registrar of Voters examination of
said petition dated July 16, 2002. (See Agenda Items F-3b and F-3c to follow.)
Recommended Action: Motion to:
Accept Certificate as to Verification of Signatures on Petition dated July 16, 2002 as
provided by the County Registrar of Voters to the City Clerk.
Approved 7-0
(23) August 5, 2002 - CounAienc Agenda - Page 23
F-3b. (City Council) Adopt Resolution No. 2002-77 -Submission to the Voters of a
Proposed Amendment to the Huntington Beach City Charter to Establish Five
Council Districts — Reduce Number of City Councilmembers from Seven to Five
e r])u am lr a n I NZa-[•u I a14111 nn nu■M ■• r I KOM SIaAlM 141_ rrV E- &IA.Y
to Consolidate Election ( )
Communication from the City Clerk and the City Attorney transmitting Resolution
Nos. 2002-77 and 2002-78 for consideration by Council to add a measure on the
November 5, 2002 General Municipal Election ballot. The measure is the proposed
amendment to the Huntington Beach City Charter which has been initiated by petition
(Scott Baugh% proponent). (See Agenda Items F-3a and F-3c.)
Also transmitted is a City Attorney's opinion dated July 31, 2002 titled RLS 2002-0421.
Available Election Dates for a Charter Amendment Proposal to Elect Councilmembers
by District Rather than At -Large — Elections; Procedures; General and Special Elections.
"Communication from the Law Offices of Nossaman, Guthner, Knox & Elliott, L.L.P. dated
July 31, 2002 titled Analysis of Legal Defects in Proposed Amendment to Huntington
Beach City Charter (Agenda Item F-3, Council Meeting of August 5, 2002) is included in
the agenda packet.
Available Actions: Motion to:
4. Adept Resolution No. 2002-77 a
r
r
Membersftem Seven
r
Tuesday;Held on
November 5
r r
,n
0eGtienAs GaNed
2002 69 and 2902
OR
//•-�� pp r r
If a Later Election Date Is Selected:
2. Adopt Resolution No. 2002-78 - aA Resolution of the City Council of the City of
Huntington Beach, California Ordering the Submission to the Oualifled Electors of the
City of a Proposed Amendment to the City Charter Relating to Election of Five
Councilmembers Each by District Instead of the Current Seven Members Elected At -
Large, to Impose a Lifetime Two Term Limit on Elected Councilmembers Instead of
the Existing Two Consecutive Term Limit and to Reduce the Total Number of Council
Members from Seven to Five, at a Special Municipal Election to be Held on
March 2, 2004.0
If Resolution No. 2002-78 is adopted, Resolution No. 2002-79 (See Agenda Item F-3c)
Setting Priorities for Written Arguments and Directing Preparation of an Impartial
Analysis can be adopted, as amended to reflect the election date selected by the City
Council.
Adopted 6-1 (Cook No)
24) August 5, 2002 - CouncilAgency Agenda -Page 24
F.3c. {City Council) Adobt Resolution No. 2002-79 — Sets Priorities for Written
Arguments and Directs Preparation of impartial Analysis Re: City Measure —
Proposed Charter Amendment Initiated by Mr. Scott Baugh, Proponent (To
Amend S. 300 and 700 and Add S. 314, 315, 316, 317, 318, and 319 of the City
Charter)( )
Communication from the City Clerk transmitting the following for consideration by
Council:
Written Arguments — The State Elections Code provides Council the opportunity to file
an argument against the proposed the proposed Charter Amendment initiated by
Mr. Scott Baugh, the Council may vote to authorize and name up to 5 Councilmembers
to file an argument against the proposed measure. Should Council choose not to have
priority, written arguments shall be selected by the City Clerk pursuant to the State
Elections Code.
Impartial Analysis — The State Elections Code provides that inclusion of an Impartial
Analysis in the Voterinformation Pamphlet is optional.- Historically the City Council has
directed the City Attorney to prepare an impartial analysis. (See Agenda Items F-3a
and F-3b preceding.)
Actions Available to Council: Motion to:
EN
Lid
2. Adopt Resolution No. 2002-79, as amended, to only provide for the City Attorney to
prepare an impartial analysis;
Approved 7-0
0
25 • - • ) August 5, 2002 Council/Agency Ii/Agency Agenda - Page 25
F-4. (City Council) ApArove Process of App_o_intment of a City Attorney for Period_ of
October 1-to December 2, 2002 ( . ) -'
Communication from the City Administrator informing Council of matters relating to the
elected City Attorney's submittal of her written resignation effective September 30, 2002.
At the July 15, 2002 City Council meeting, the City Council approved the Agreement.
between the City of Huntington Beach and Gail C. Hutton for Early Retirement and
Provision of Transitional Consultant Legal Services. The candidate who is elected on
November 5, 2002, will be sworn into office on December 2, 2002.
Recommended Actlon:
That the City Council determined the process to select a City Attorney to be in charge of
the City Attorney's Office for the remainder of the unexpired term.
Approved Alternative No. 3 (5-2 Winchell, Bauer No)
(26) • August 5, 2002 - CounA enc Agenda - Page 26
G. Ordinances
G-1. Ordinances for Adoption
G-1a. (City Council) Adopt Ordinance No. 3566 to Eliminate the Time Limit on the
Establishment of Loans. Advances and Indebtedness for the Huntington Beach
Redevelopment Project (410.05) — Ordinance No. 3566 — "An Ordinance of the City
of Huntington Beach Eliminating the Time Limit on the Establishment of Loans,
Advances and Indebtedness for the Huntington Beach Redevelopment Project.
Submitted by the Economic Development Director. (Five Project Areas Merged on
1211611996 --Introduction approved on July 15, 2002.)
Recommended Action: After City Clerk reads by title, adopt Ordinance No. 3566, by
roll call vote.
Adopted Ord. No. 3566 (4-2-7 Boardman, Cook No; Dettloff out of room)
G-1 b. (City Council) Adopt Ordinance No. 3567 Amending Chapter 1.16 of the
of Criminal Law Enforcement (640.10) - Ordinance No. 3567 "An Ordinance of the
City of Huntington Beach Amending Chapter 1.16 of the Huntington Beach Municipal
Code Relating to Penalty Enforcement." Submitted by the City Attomey. (Relative to
Recovery of Costs of Criminal Law Enforcement — Introduction approved on
July 15, 2002.)
Recommended Action. After City Clerk reads by title, adopt Ordinance No. 3567, by
roll call vote.
Adopted Ord. No. 3567 (6-0-1 Dettloff out of room)
G-2. Ordinances for Introduction - None
• •
(27) August 5, 2002 - Council/Agency Agenda - Page 27
H. City Councilllkedevelo ment Agency Items
H-1 a. Submitted By Mayor Debbie Cook
(City Council)_A93proye Appointment of Mayor Debbie Cook as Voting Delegate
and Appointment of Alternative Delegate to be named for City of Huntington
Beach at Annual Conference of the League of California Cities ( . )
Communication from Mayor Debbie Cook transmitting the following Statement of issue:
The Annual Conference for the League of California Cities will be held from Wednesday,
October 2 through Saturday, October 5, 2002 in Long Beach at the Convention Center
this year. % .
An important aspect of the annual conference is the annual business meeting when the
membership takes action on conference resolutions. Each city is entitled to one vote in
mattersaffecting municipal or League policy.
The League has requested that we notify them no later than Friday, September 6, 2002
of the names of our delegate and alternate. Traditionally the City Council has appointed
the Mayor as its delegate. Since I am planning on attending the conference this year, I
respectfully request that 1 be appointed as the City's official delegate. I would also
request a volunteer from among the Councilmembers to serve as the alternate delegate.
To that end, I would request the City Council approve the following motions:
Recommended Action: Motion to:
1. Appoint Mayor Debbie Cook to serve as the delegate for the City of Huntington
Beach at this year's Annual Conference of the League of California Cities;
and
2. Appoint Councilmember Bauer to serve as the alternate delegate for the City of
Huntington Beach at this yearns Annual Conference of the League of California
Cities, October 2"d through 5h, 2002.
Approved 6-0-9 (Dettloff out of room)
(29) • August 5, 2002 - Counciltricy Agenda - Page 29
Council Comments - Not A endized
At this time Councilmembers may report on items not specifically described on the agenda
which are of interest to the community. No action or discussion may be taken except to provide
staff direction to report back or to place the item on a future agenda.
Councllmember Winchell — Feasibility of forming Charter Revision Committee to
be placed on future agenda.
Council/Agency Adlournment to Tuesday, August 6, 2002, at 1:30 p.m. at
7777 Edinger Avenue, Huntington Center, northeast quadrant (behind
the former Broadway building), Huntington Beach, California to
review the LED (reader board sign) with the Huntington Beach Auto
Dealers; and
Adjournment to Monday, August 12, 2002, at 3:00 p.m. for Closed
Session and at 4:00 p.m. for Open Session in the Council Chambers,
Lower Level, Civic Center, 2000 Main Street, Huntington Beach,
California.
Council/Agency Agendas and Minutes are Available at No Charge to the Public at the
City Clerk's Office by Mail and Through Paid Subscription. Complete Agenda Packets are
Available at the Central Library and Library Annexes on Friday Prior to Meetings. Video
Tapes of Council Meetings are Available for Checkout at the Central Library at No Charge.
CONNIE BROCKWAY, CITY CLERK
City of Huntington Beach
2000 Main Street - Second Floor
Huntington Beach, California 92648
Internet: http:llwww.surfcity-hb.org
0
MEETING ASSISTANCE NOTICE - AMERICe"'N'S WITH DISABILITIES ACT
In accordance with the Americans with Disabi,;ties Act ;i-s services are availab:e to members of
our community who require special assistance to parsscioaie in City Council and Redevelopment Agency
meetings. If you require. American Sign Lang.,age intero•eters, a reader during the meeting, and/or large
print agendas, to make arrangements, please cal:: Office of tite City Clerk (714) 536-5227.
To make arrangements for an assisted liste^ing system (A D) for the hearing impaired, please contact:
the Sergeant at Arms (714) 536-5693 o- the City Clerk (714) 536-5227.
72 hours prior notification will enable the city to make reasonable ar reagements to ensure accessibility to a meeting.
ACTION
AGENDA
CITY COUNCILIREDEVELOPMiENT AGENCY
CITY OF HUNTINGTON BEACH
MONDAY, APRIL 15, 2002
5:00 P.M. - Room B-8
7:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
5:00 P.M. - Room B-8
Call City CounciilRedeveloi3ment Agencv Meeting to Order
Roll Call Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
Present — (Houchen arrived 5: 10 p.m.)
Public Comments Regarding Study Session and Closed Session Agenda Items
None
(City Council/Redeveloi3ment Agency) Three Study, Sessions — (1) Staff Report Re: Soil
Contamination Adiacent to Terminus of Graham Street at Bolsa Chica Wetlands (520.40)
(2) Overview of City's New Utility Billing System (600.10) and (3) Presentation of
Adapt -A -Storm Drain (1020.101
(1) Staff Report Regarding Soil Contamination Adingent to Terminus of Graham Street at
Bolsa Chica Wetlands — Property Formerly known as Fieldstone Property, Now Owned by
Hearthside Homes (520.40) — Presentation by Fire Chief Michael P. Dodder and Public Works
Director Robert F. Beardsley regarding soil contamination adjacent to the terminus of Graham
Street at the Bolsa Chica wetlands. (Property formerly'.knovm as Fieldstone Property, now
owned by Hearthside Homes).
Fire Chiefllnforma tion Systems Director L-older provided
informational report on PCB contaminate:` County owned property.
COMPUTER INTERNET ACCESS TO CITY COW,!CI'_IREDEVELOPMENT AGENCY
AGENDAS IS AVAILABLE PRIOR TOCl}' COUNCIL MEETINGS
http:liwww. ci.huntingtoti-beach.ca.us
(2) April 15, 2002 - Council/Agency Agenda - Page 2
(2) Utility Billing Study Session (600.10 AMX) — Fire Chiefllnformation Systems Director
Michael P. Dolder, City Treasurer Shari Freidenrich, along with Public Works staff, will present
an overview of the City's new utility billing system.
City Treasurer Freidenrich, Public Works Deputy Director Emery, and
Fire Chiefllnformation Systems Director Dolder presented PowerPoint
report (Late Communication titled Municipal Services Statement) to
return May 6, 2002 as an F-item on the agenda.
(3) Adopt -A -Storm -Drain Program Study Session (1020.10) — The Public Works Department
will present an overview of the Adopt -A -Storm Drain program. Through participation in this
program, the city will receive revenues to use for various water quality programs and projects.
Public Works Department Environmental Engineer, Geraldine Lucas
introduced program and distributed Late Communication titled Adopt -
a -Storm Drain. Representative Paul Polizzotto reported.
(3) April 15, 2002 - Council/Agency Agenda - Page 3
Call Closed Session of City Counc_illRedevelooment Actency
Recommended Action: Motion to recess to Closed Session on the following items:
Approved 7-0
(CityCouncil)Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Scottsdale Insurance Co. v. City of Huntington
Beach, Orange County Superior Court Case No. 76"1735. Subject: Scottsdale Insurance Co.
v. City of Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The t'tte of the Mti gat%Qn is Logan W., a minor, by and through his Guardian
ad Litem, Geoffrey W., Geoffrey W. and Jerilynne W., Individually, v. City of Huntington
Beach, et al.; Orange County Superior Court Case No. 01CC05234. Subject: Logan W., a
minor/Geoffrey W., et al. v. City of Huntington Beach, et al. (120.80)
(City Council]_CI_osed Session -Pursuant to Government Code Section 54957.6 to meet with
its designated representatives, Agency Negotiators: William Workman, Assistant City
Administrator; Clay Martin, Director of Administrative Services; and Steven M. Berliner, Esq. of
Liebert Cassidy Whitmore regarding labor relations matters — meet and confer with the
following employee organizations: HBMEO and HBF<<'MA. Subject: Labor Relations — Meet &
Confer. (120.80)
(City Council) Ciosed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Talbert & Beach, Inc. v. City of Huntington Beach;
U.S. District Court Case No. SACV-001096-AHS (EEx). Subject: Talbert & Beach, Inc. v. City
of Huntington Beach. (120.80)
(City Council) Closed Session — Pursuant to Government Code Section 54956.9(a) to confer
with its attorney regarding pending litigation which has been initiated formally and to which the
city is a party. The title of the litigation is Howard Jarvis Taxpayers Assn., et al., v City of
Huntington Beach, et al.; Orange County Superior Court Case No. 818780. Subject: Howard
Jarvis Taxpayers Assn., et al., v. City of Huntington Beach. (120.80)
(4) April 15, 2002 • Council/Agency Agenda - Page 4
The City Council and the Redevelopment Agency of the City of Huntington Beach
will regularly convene in joint session for the purpose of considering the following
City Council -Redevelopment Agency Agenda Items.
The Huntington Beach Parking Authority, Civic Improvement Corporation, and the Huntington
Beach Public Financing Authority are also agencies on which Council serves as members.
On each Agenda these Agencies may have items scheduled.
7:00 P.M. - Council Chambers
Reconvene City CouncillRedevelUment_Agency Meeting
** The City Attorney Shall Determine 1f Any Actions Taken By The City Council or
Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions
As Required By Law (Government Code §54957.1(a) (3) (B)).
Adult Business Ordinance — Decision to Vote to Dismiss 7-0
Roll Call Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman
Present
Pledge of Allegiance — Huntington Beach Search & Rescue Explorer Post.
Pursuant to the Brown Act (Open Meetings Act) the City Clerk Announces Late
Communications Received by Her Office Which Pertain to Items on the Agenda
(1) Copies of late communications submitted by City Councilmembers or City Departments are
available for the public at the City Clerk's desk. (2) Late communications submitted by
members of the public will be made available to the public at the City Clerk's Office the morning
after the Council meeting.
5:00 p.m. Study Session Late Communications; C-3; F-1; F-2; G-1a;
G-2a; H-1a; and H-lb
Mayor's Award -- By Mayor Debbie Cook to Tom Shaw, Fire CaptainlHazardous Materials,
Huntington Beach Fire Department.
Captain Shaw and his two families — immediate and crew — were
present to celebrate his award.
•
•
(5)
April 15, 2002 - Council/Agency Agenda - Page 5
B. PUBLIC COMMENTS
The City Council welcomes public comments on al! items on this agenda or of community
interest. We respectfully request that this public forum be utilized in a positive and/or
constructive manner. Please focus your comments on the issue or problem that you
would like to bring to the attention of the City Council.
This is the time to address Council regarding items of interest or
on agenda items OTHER than Public Hearincis.
3 minutes per person, time may not be donated to others.
No action can be taken by Council/Agency on this date unless agendized.
Complete the attached pink form and give to the Sergeant -At -Arms located near the speaker's podium
(1) Speakers requesting that a park not be established in the
Golden wes t-Ellis area (Agenda Item G-1 a).
(2) Many speakers in opposition to Agenda Item F-1 relative to paying
prevailing wage rates.
(3) Speaker extended invitation to all to attend the Q.G. Sanitation
District meeting to oppose 301-H waiver of Federal Clean Water Act
standards to the O.C.S.D.
(4) V.P. Council on Aging — spoke regarding Senior Transportation
Program acquiring a new van and also a need for volunteer drivers.
(5) Speakers opposed to petition to amend Charter to establish
Council districts and five Councilmembers rather than seven.
(6) Speaker opposing removal of invocation from Agenda.
(7) Speakers in favor of not paying prevailing wages relative to
Agenda Item F-1.
(8) Speaker in favor of Councilmembers being elected by district.
(9) Speakers requesting left -turn pocket on Broolfhurst St. near
Rancho Huntington for traffic safety.
(6) April 15, 2002 - Council/Agency Agenda - Page 6
(10) Speakers in favor of a gated community in the Golden wes t-Ellis
quartersection.
(9 1) Speaker in favor of H-2a.
(12) Speaker promoting "Nor -Fed" currency to generate revenue for
the City.
(7) April 15, 2002 - Council/Agency Agenda - Page 7
C-1. Council Committee/Council Liaison Reports
C-1a. (City Council) Announcement By Councilmember Grace Winchell of Armointment
of Mark Fiduccia to the Finance Board (110.20)
Councilmember Winchell will announce her appointment of Mark Fiduccia to the Finance
Board.
Recommended Action: Motion to:
Direct the City Clerk to record in the official Council minutes the Council appointment
made by Councilmember Winchell of Mark Fiduccia to the Finance Board.
Approved 7-0
C-2. City Administrator's Report
None
Mayor reported on the success of the visit of the Huntington Beach
delegation to Anjo, Japan, Sister City.
C-3. (City Council) Review and Accept_Shari Freidenrich. City Treasurer's
February 2002 Report Titled City of Huntington Beach Summary of City
Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity
(310.20) - -
Communication from City Treasurer Shari Freidenrich transmitting the Monthly
Investment Report for February 2002.
Recommended Action: Motion to:
Review and accept the monthly report. Following review of the report. by motion of
Council, accept the Monthly Investment Report Summary of Investment Portfolio, Bond
Proceeds, and Deferred Compensation Activity for February 2002, pursuant to
Section 17.0 of the Investment Policy of the City of Huntington Beach.
City Treasurer Shari Freidenrich presented PowerPoint report
(Late Communication).
Approved 7-0
(8) April 15, 2002 - Council/Agency Agenda - Page 8
D. PUBLIC HEARINGS
Anyone wishing to speak on an OPEN public hearing is requested to complete the attached
pink form and give it to the Sergeant -at -Arms located near the Speaker's Podium.
D-1. (City Council) Continued Open from March 18, 2002 — Approve Recommendation to
Continue Open to May 20, 2002 -- Public Hearing to Consider Approval of Zoning
Map Amendment No. 01-03 of Subareas A through D (General Plan Consistency) —
Approve Introduction of Ordinance Nos. 3543, 3544, 3545, and 3547 (440.50)
Public hearing continued open from March 18, 2002 to consider the following:
Applicant: City of Huntington Beach, Planning Department
Request: To rezone four subareas of properties to mare the zoning designations
consistent with the current General Plan land use designations as follows:
Subarea A (McCallen Park/Boy's and Girl's Club): Rezone from RM-0 (Residential
Medium [Density with Oil District Overlay) to OS -PR (Open Space -Park and Recreation).
Location: 2309 Delaware Street (west side, south of Yorktown Avenue).
Subarea B Church of Jesus Christ of Latter Day Saints): Rezone from RM
(Residential Medium Density) to PS (Public -Semipublic). Location: 19191 171" Street
(west side, north of Clay Avenue).
Subarea C (Water Division Office/Yard): Rezone from IL (Limited Industrial) to PS
(Public -Semipublic). Location: 19001 Huntington Street (southwest corner of
Huntington Street and Garfield Avenue).
Subarea D (Seniors Center): Rezone from OS -PR (Open Space -Park and Recreation)
to PS (Public -Semipublic). Location: 1706 Orange Avenue (northwest corner of 17"'
Street and Orange Avenue).
Environmental Status: This item is covered under Final Environmental Impact Report
No. 94-1,
On File: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main
Street, Huntington Beach, California 92648, for inspection by the public. A copy of the
staff report will be available to interested parties at City Hall or the Main City Library
(7111 Talbert Avenue) on March 15, 2002.
ALL INTERESTED PERSONS are invited to attend sad hearing and express opinions or submit evidence
for or against the application as outlined above. If you challenge Cne City Council's action in court, you may
be limited to raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the C'ty at, or prio- to, the oublic nearing. if there are any
further quest ons please call the City At.orney's Office a: 714-536-5555 and refer to the above items. Direct
your written communications to the City Clerk.
Recommended Action: Motion to:
Continue Zoning Map Amendment No. 01-03 to the May 20, 2002 City Council meeting.
Approved to Continue Open to May 20, 2002 7-0
(9) April 15, 2002 - Council/Agency Agenda - Page 9
Administrative Hearing
D-2 is an administrative public hearing. This administrative hearing is required by Huntington
Beach Municipal Code 1.18. Only property owners are entitled to speak at this administrative
hearing. All other interested parties may speak during the regular Public Comments section of
the agenda at the beginning of the meeting. Written communications to the C_ ity Council may
also be mailed to the City Clerk.
D-2.(City Council Administrative Public Hearin — Adopt Resolution No. 2002-30 —
Approve Certification of Special Assessments for Delinquent Civil Fines for
Municipal Code Violations (570.60)
Communication from the City Treasurer and the City Attorney.
Administrative public hearing as required by the California Government Code Section
38377.5 for the purpose of certifying special assessments against properties where
public nuisances have occurred.
Request for Council certification of recording Notices of Special Assessments against
private property for the value of unpaid civil fines, plus interest and penalties, pursuant
to Ordinance No. 3397 adopted by City Council on dune 15, 1998.
1. Staff Report
2. City Council Discussion
3. Open Public Hearing
4. Following Public Input, Close Public Hearing
Recommended Action: Motion to:
Adopt Resolution No. 2002-30 entitled 'A Resolution of the City Council of the City of
Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines
for Municipal Code Violations."
Continued Public Hearing Open to May 6, 2002 7-0
(10) April 15, 2002 - Council/Agency Agenda - Page 10
E. CONSENT CALENDAR
All matters listed on the Consent Calendar are considered by the City Council and
Redevelopment Agency to be routine and will be enacted by one motion in the form listed.
Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.
E-1. (City Council) Approve Appropriation of Funds for the Police Facilitv and Civic
Center Chiller Emergency Replacements (Air Conditioning Rel2air/Maintenance)
(320.45) — Authorize the Finance Director to appropriate 388,000 for the replacement of
the needed components in the Police Facility and Civic Center air conditioning systems.
Submitted by the Public Works Director. Funding Source: Funds are not available in the
current budget. The amount of $88,000 will be appropriated from the General Fund
Unappropriated Fund Balance to Civic Center Maintenance, Contracts for Repair and
Maintenance.
Approved 7-0
E-2.(City Council Approve CltV Council Position on Legislation Pending Before the
Sate Legislature, and/or Congress as Recommended by the City Council
Intergovernmental Relations Committee (120.70) — The City Council
Intergovernmental Relations Committee has reviewed the legislation below and is
recommending that the City Council take a position on the following items and authorize
the Mayor to send letters reflecting those positions to the legislators: 1. SUPPORT —
AB 2863 (Longville, Daucher) Housing Element; 2. SUPPORT — AB 2073
(Canciamilla) Assessment of Power Generation Facilities; 3. OPPOSE -- AB 1890
(Horton) Civil Service Employees/Personnel Commission Representation;
4. SUPPORT — SB 1688 (Margett) Supplemental Firefighting Equipment Fund;
5. SUPPORT — AB 2233 (Wright) Firefighting Equipment Bond Act; 6. SUPPORT —
SB 1874 (Johnson) OCTA Restructuring; 7. SUPPORT — AB 2569 (Cardoza)
Emergency Telephone Users Surcharge; 8. SUPPORT — SCA 10 (Speier) Library
Bond — Lower Vote Requirement for Library Bonds to 55%; 9. SUPPORT — SB 1916
(Figuero) Local Coastal -- Non -point Pollution with the letter to request a revision in the
language to note the responsibility of non -coastal cities in resolving the non -point
pollution problem; 10. SUPPORT — AB 1892 (Harman) Orange County Sanitation
District; 11. OPPOSE — SB 1518 (Torlaksen) Recycled Water; 12. OPPOSE — AB 2521
(La Suer) Traffic Signals; 13. OPPOSE -- AB 1800 (Kehoe) Motor Vehicles - Disabled
Persons; 14. SUPPORT — AB 2351 (Canciamilla) Water Quality — Civil Liability; and
15. SUPPORT— SB 1619 (Romero) Hazardous Electronic Scrap. Submitted by
Councilmember Shirley Dettloff, Chairperson, Interaovernmental Relations Committee
on behalf of Mayor Debbie _Cook and Mayor Pro Tern Ralph Bauer. Funding Source:
Not Applicable,
Approved 7-0
•
•
(11) April 15, 2002 - CouncillAgency Agenda - Page 11
E-3. (City Council) Authorize_ Replacement of Damaged Fire Department Staff
Vehicles —Approve Fund Appropriation (320.45) —Approve and authorize the
appropriation of $43,000 from the undesignated, unappropriated fund balance of the
Equipment Replacement Fund and transfer to the Equipment Replacement Fund
(55340102.85050). Submitted by the Fire Chiefllnformation Systems Director.
Funding Source: See above.
Approved 7-0
E-4. (City Council]-Accept_and Award Bid for the Miscellaneous _Sewer Lininq Project,
Phase l; CC-1178 toZ.Z. Liner, Inc. —Approve Sample Construction Contract
(600.60) —1. Accept the lowest responsive and responsible bid submitted by Z.Z. Liner,
Inc., in the amount of $796,499; and 2, Authorize the Mayor and City Clerk to execute a
construction contract with Z.Z. Liner, Inc. in substantially the same form as the attached
sample construction contract. Submitted by the Public Works Director. Funding Source:
Funds in the amount of S800,000 are budgeted in the Sewer Service Fund, Sewer Line
Repairs Account.
Approved 7-0
E-5. (City Council) Authorize Sale of Huntington Beach Dyke Well Property to Orange
County Water District (650.70) — 1. Authorize the Mayor and City Clerk to execute the
Agreement for Purchase and Sale of Real Property By and Between the City of
Huntington Beach and the Orange County Water District to sell the Dyke Well property.
to the Orange County Water District in the amount of S117,050; and 2. Authorize the
Mayor and City Clerk to execute the Corporation Grant Deed. Submitted by the Public
Works Director. Funding Source: $$117,050 Revenue to be deposited in Water Fund -
OCWD Account.
Approved 7-0
E-6.(City Council Adopt Resolution No. 2002-32 Amending the Memorandum of
Understanding Between the City and the Huntington Beach Fire Management
Association (HBFMA) (720.20) — Adopt Resolution No. 2002-32 — "A Resolution of
the City Council of the City of Huntington Beach Approving and Implementing the
Memorandum of Understanding Between the Huntington Beach Fire Management
Association (FMA) and the City of Huntington Beach for 12122101 Through 12120102. "
Submitted by the Assistant City Administrator and the Administrative Services Director.
Funding Source: Fiscal Year 2001/2002 budget. The total annual cost $35,000. The
total cost for Fiscal Year 2001/2002 is $28,000.
Approved 7-0
(12) April 15, 2002 - Council/Agency Agenda - Page 12
E-7. sty Council) Approve Professional Services Contract Between the City and
Maximus, Inc. for Executive Recruitment Services for the Position of Human
Resources Manager (600.10) —Approve and authorize the Mayor and City Clerk to
execute the Professional Services Contract between the City of Huntington Beach and
Maximus, Inc. for Professional Recruitment Services for the Position of Human
Resources Manager. Submitted by the City Administrator. Funding Source: Fiscal Year
2001/2002 budget — Human Resources, Recruitment Professional Services Account —
$25,000.
Approved 5-2 (Cook, Boardman No)
E-8. (City Council) Adopt Resolution No. 2002-31 Amendinq the Memorandum of
Understanding Between the City and the Huntington Beach Management
Employees Organization (HBMEO) (720.20) — Adopt Resolution No. 2002-31 —
'A Resolution of the City Council of Huntington Beach Approving and Implementing the
Memorandum of Understanding between the Huntington Beach Management
Employees' Organization (MEO) and the City of Huntington Beach for 12/22/01 through
12120/02." Submitted by the Assistant City Administrator and the Administrative
Services Director. Funding Source: Fiscal Year 200112002 budget - S326,000. The total
annual cost to implement the Memorandum of Understanding with the Huntington Beach
Management Employees' Organization is $408,000.
Approved 7-0
•
(13)
F. Administrative Items
April 15, 2002 - Council/Agency Agenda - Page 13
F-1. (City Council) Review Staff Report and Provide Staff with Policy Direction Re:
Prevallinq Wade Rates (800.10) -
Communication from the City Administrator transmitting a report pursuant to the
memorandum submitted by Mayor Pro Tern Bauer at the March 4, 2002 Council meeting
requesting that staff "Present information with regard to the necessity, or lack thereof, to
pay prevailing wages. Such information should be designed to enable the City Council
to adopt a policy concerning this matter. "
The staff report sets forth:
• A brief history of prevailing wage;
• Explains its method of calculation;
• Examines its applicability to the city;
• Provides summaries of research into prevailing wage and its impact on construction
projects and maintenance and service contracts; _
• Briefly details arguments typically made for and against prevailing wage;
Examines how other California charter cities have dealt with the issue;
• Examines prevailing wage impacts/requirements relating to the city's street sweeping
and refuse collection contracts; and
• Presents information regarding living wage requirements.
""A PowerPoint presentation titled Report of Prevailing Wage is included in the agenda
packet.
Recommended Action: Motion to:
Review the report and provide staff with appropriate direction.
Senior Departmental Analyst Pete Grant presented PowerPoint
slide report.
Maintain City's current policy of requiring prevailing wage rates
7-0
(14) April 15, 2002 - Council/Agency Agenda - Page 14
F-2. (Redevelopment Aqencv) Adopt Resolution No. 334 — Approves and Authorizes
Transmittal of Report to City Council on the Southeast Coastal Redevelopment
Plan and Transmitting the Proposed Redevelopment Plan — Rosenow Spevacek
Group, Inc. (RSG) (410.70) T -•__. _.,._
Communication from the Deputy Executive Director informing Council that as a part of
the Redevelopment Plan adoption process the Agency is to consider a resolution
approving and transmitting to the City Council its Report on the Southeast Coastal
Redevelopment Plan.
Over the past several months of public discussions on the proposed Redevelopment
Plan, staff has accumulated a series of specific redevelopment goals and expectations
that have been incorporated into the draft Plan. The Plan itself is a legal document that
describes the manner in which the Agency may use redevelopment and its financial
resources in the future, and does not propose any specific actions at this time. Specific
redevelopment activities would be determined as the Agency prepares its five year
implementation plan, the draft of which is included within the attached Report to Council,
and considers its annual budget and work program.
The Redevelopment Plan incorporates much of the public input provided over the past
several months; specifically:
1. No Merger with Existing Project Area;
2. Preservation of Wetlands and Open Space; and
3. Limitation on Potential Land Uses under Redevelopment.
A joint public hearing on the proposed Redevelopment Plan is scheduled for
May 20, 2002. The Report to the City Council incorporates the Agency's Preliminary
Report, approved on January 22, 2002. as well as additional information required by
Redevelopment Law. The purpose of the Report is to assist the City Council in its
consideration of the Plan and its legally required findings and determinations.
Specifically, the Report includes the following components (per Section 33352 of the
California Community Redevelopment Law):
"Communication dated April 8, 2002 and titled Southeast Coastal Redevelopment Project
Report to the City Council is included in the agenda packet.
"Communication dated January 22, 2002 and titled Southeast Coastal Redevelopment
Project Draft Redevelopment Plan is included in the agenda packet.
Recommended Action: Motion to:
Adopt Resolution No. 334 — "A Resolution of the Redevelopment Agency of the City of
Huntington Beach Approving and Authorizing Transmittal of the Report to the City
Council for the Southeast Coastal Redevelopment Project."
Economic Development Director David Biggs presented
PowerPoint report (Late Communication).
Adopted 7-0
•
•
(15)
G. Ordinances
G-1. Ordinance for Adoption
April 15, 2002 - Council/Agency Agenda - Page 15
Mayor Cook recused herself from consideration of G-fa as her
residence is.in vicinity.
G-1a. (City Council) Continued from 411102 - Adopt Ordinance No. 3542 Repealing
Ordinance No. 3287(Relating to Designation of a Future Neighborhood Park Site
Per Settlement and Release Agreement Aperoved Between Brindle/Thomas et all.
and City-OCSC No. 7502031 (640.10) Ordinance No. 3542 — `An Ordinance of the City
of Huntington Beach Repealing Ordinance No. 3287 Related to the Designation of a
Future Park Site Within the Ellis-Goldenwest Specific Plan Area." Submitted by the City
Attu. (Introduction Approved on March 4, 2002 and consideration of adoption
continued from 3118 and 411102.)
Recommended Action; Motion to: After City Clerk reads by title, adopt Ordinance
No. 3542, by roll call vote.
(1) Adopted 5-0-1-1 (Winchell abstain; Cook out of room —
recused)
(2) Any park fund expended should be replaced 6-0-1 (Cook out
of room — recused)
G-1b. (City Council) Adopt Ordinance No. 3553 —Approves Zonina Text Amendment
Noo.01-09 Public -Semipublic 2 Acre Requirement — Amends Chapters 211C
and 214.04 Relating to Commercial Districts and Public -Semi public Districts
(640.10) Ordinance No. 3553 — "An Ordinance of the City of Huntington Beach
Amending the Huntington Beach Zoning and Subdivision Code by Amending Chapter
211 C and 214.04 Thereof Relating to Commercial Districts and Public Semipublic
Districts." (Public hearing held and introduction approved on April 1, 2002.)
Recommended Action: Motion to: After City Clerk reads by title, adopt Ordinance
No. 3553, by roll call vote.
Adopted 7-0
(16) April 15, 2002 - Council/Agency Agenda - Page 16
G-2. Ordinances for introduction
G-2a. (City Council) ADProve Introduction of Ordinance No. 3555 — Adoots Speed Limit
Ordinance — For Varsity Drive from Edwards Street to Talbert Avenue and for
Gothard Street from Main Street to Garfield Avenue (580.60) — Ordinance No. 3555
— 'An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the
Huntington Beach Municipal Code Relating to Speed Limits." Submitted b the he Public
Works Director.
Recommended Action: After City Clerk reads by title, approve introduction of
Ordinance No. 3555, by roll call vote.
Approved Introduction 7-0
G-2b.(City Council Approve Introduction of Ordinance No, 3556 — Amends Bicycle
License Fees (640.10) — Ordinance No. 3556 — `An Ordinance of the City of
Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code
Regulating Bicycles. " Submitted by the Chief of Police. (New license and registration
certificate not to exceed $4; transfer of ownership not to exceed $2; reissue not to
exceed $2; renewal not to exceed S2 per year.)
Recommended Action: After City Clerk reads by title, approve introduction of
Ordinance No. 3556, by roll call dote.
Approved Introduction 7-0
0
(17) April 15, 2002 - Council/Agency Agenda - Page 17
H. City CouncillRedevelopment Agencv Items
H-1a. Submitted by Mayor -Pro Tern Ralph Bauer
(City Council) Approve the Formation of a Citizens'_ Committee in Opposition to a
Proposed Amendment to the Huntington Beach Charter to Reduce the Number of
City Council from Seven to Five Members to be Elected by Districts (620.30)
Communication from Mayor Pro Tern Ralph Bauer transmitting the following Statement
of Issue: It is proposed to form a Citizens' Committee to deal with the charter
amendment proposal to reduce the number of Councilmembers from seven to five and
have Councilmembers elected by district.
Recommended Action:
I move that the City Attorney provide information on hour the Council can encourage the
formation of a citizens committee to eppese study the proposed Council reduction
proposal.
Approved as amended 7-0
H-1b. Submitted by Mayor Pro Tern Ralph Bauer
(City Council) Request Formation of Ad Hoc Police -Directed Towing Council
Committee Comprisinq of Mayor Pro Tern Ralph Bauer and Councilmembers
Peter Green and Pam Houchen (120.25)
Communication from Mayor Pro Tern Ralph Bauer submitting the following Statement
of Issue: The City Council Towing Committee held numerous meetings from 1999 to
2001 regarding the Police -Directed Tow Ordinance and agreements. In October 2001,
City -Council adopted a revised ordinance and sample agreement. The Towing
Committee was disbanded in December 2001 as part of the annual update.
At this time, the City Attorney's Office and Huntington Beach Police Department would
like input regarding Customer Service Standards to be implemented with the tow
agreement. It is anticipated that only one or two meetings will be required. Previous
committee members assigned to this Council Committee were City Councilmembers
Bauer, Houchen, and Green. I propose that they be reappointed at the Mayor's
pleasure.
Recommended Action: Motion to:
No action taken. City Attorney reported on her proposal and
Council concurred unanimously, with no members absent for
customer service standards to be implemented.
(18)
April 15, 2002 - Council/Agency Agenda - Page 18
H-2a, Submitted by_Councilmember Pam Houchen
(City Council) Request Reconsideration of the Council Motion Made at 411102
Meeting to Deny the Formation of the Holly Seacliff Area of Benefit District and
Direct Staff to Return at a Future Council Meeting (MuniFinancial Corporation/
PLC, Developer) (350.30)
Communication from Pam Houchen submitting the following Statement of Issue: I
would like the City Council to reconsider their denial of the Holly Seacliff Area of Benefit
District made at the April 1, 2002 City Council Meeting.
The majority of the testimony from affected property owners indicated that they were not
opposed to reasonable charges for roadway improvements, but took issue with proposed
assessments for right of way acquisition.
I would like the City Council to consider forming an Area of Benefit District that would
impose charges only for the Roadway Improvements listed in Table 4 of the MuniFinancial
Final Report dated March 20, 2002 (Pages D-4-49 and D-4-50 of the April 1, 2002 RCA) and
delete any proposed charges for right of way acquisition.
Further, in order to protect the City's infrastructure budget, I would propose that any fees
collected from the District be split 50-50 with PLC, who constructed and paid for the
roadway improvements and advanced all costs for City acquisition of right of way. PLC has
indicated they are agreeable to amending the April 17, 2000 Settlement Agreement to this
effect.
"Table 4 of the MuniFinancial Final Report dated March 20, 2002 is included in the agenda
packet.
Recommended Action: Motion to:
Vote to reconsider the matter described above and direct staff to return at awe
May 6, 2002 Council Meeting.
Approved as amended 6-1 (Boardman No)
(19) April 15, 2002 - Council/Agency Agenda - Page 19
Council Comments - Not A endized
At this time Councilmembers may report on items not specifically described on the agenda
which are of interest to the community. No action or discussion may be taken except to provide
staff direction to report back or to place the item on a future agenda.
Council/Agency Adiournment to Monday, May 6, 2002, at 5:00 p.m., in Room B-8, Civic
Center, 2000 Main Street, Huntington Beach, California.
Council/Agency Agendas and Minutes are Available at No Charge to the Public at the
City Clerk's Office by Mail and Through Paid Subscription. Complete Agenda Packets are
Available at the Central Library and Library Annexes on Friday Prior to Meetings. Video
Tapes of Council Meetings are Available for Checkout at the Central Library at No Charge.
CONNIE BROCKWAY, CITY CLERK
City of Huntington Beach
2000 Main Street - Second Floor
Huntington Beach, California 92648
Internet: http:Ilwww.ci.huntington-beach.ca.us
COVER PAGE - LONG FORM
Recipient Committee
Campaign Statement
(Government Code Sections 84200 - 84216.5)
1"M 01/01/2002
ft=mh 06/30/2002
1. Type of Recipient Committee:
❑ Ofldcefiofder, Candidate Controlled CommiKee Ej Barb( Measure Committee
O State Candidate Election Committee O Pdman'ly Formed
O Recall O Controlled
O Sponsored
❑ General Purpose Committee
O Sponsored ❑ Primarily Formed Candidate
O Small Contributor Committee Officeholder Committee
O Political Party/Central Committee
3. Committee Information 1124MBER5104
COMMITTEE NAME
Citizens Against Power Politics
STREET ADDRESS (NO P.O. BOX)
17081 Greentree Lane
CITY STATE ZIP CODE AREA CODEIPHONE-
Huntington Beach CA 92649 (714)840-1818
MAILING ADDRESS (IF DIFFERENT) NO. AND STREET OR P.O. BOX
CITY STATE ZIP CODE AREA CODE/PHONE
OPnONAU FAxIE4AAIL ADDRESS
Dow Of aeetlan U gvilcoMin
(tt/anth. Day. Yeah
11/05/2002
Date Stamp
cl i.y J
:GNI1,H i G'1 5E1";C11. C
10di 1!:U1; -- 2 A 11= 5
2. Type of Statement:
❑ Pre-ekctba Statement
53 Semi-annual Statement
❑ termination Statement
❑ Amendment (Explain below)
Treasurer(s)
NAME OF TREASURER
Corliss Delameter
MAILING ADDRESS
P.O. Box 936
Rage 1 of 6
A For Official Use Only
❑ Quarterly Statement
❑ Special Odd -Year Report
❑ Supplemental Pre -election
Statement - Attach Form 495 •
CITY STATE ZIP CODE AREA CODE/PHONE
Tustin CA 92781--0936 (714)731-3011
NAME OF ASSISTANT TREASURER IF ANY
MAILING ADDRESS
CITY STATE ZIP CODE AREA CODEIPHONE
( )
OPTIONAL' FAWEMAIL ADDRESS
4. Verification
I have used all reasonable diligence in preparing and reviewing this statement and to the best of my knowledge the information contained herein and in the attached schedule$
Is true and complete. I certify under penalty of perjury under the la f the Stale of California that the foregoing Is true and correct.
Executed on 0 7/3Old Z By
DATE SIGNATURE OF TREASURER OR ASSISTANT TREASURER
Executed on
DATE
Executed on
DATE
Executed on
DATE
S/CCW - PCAP02 01180 (Rev. 9/99)
By
SIGNATURE OF CONTROLLING OFFICEHOLDER, CANDIDATE STATE MEASURE PROPONENT OR RESPONSIBLE OFFICER OF SPONSOR
BY SIGNATURE OF CONTROLLING OFFICEHOLDER CANDIDATE. STATE MEASURE PROPONENT
By
SIGNATURE OF CONTROLLING OFFICEHOLDER CANDIDAT E. STATE MEASURE PROPONENT
State of Calilomle Fair Political Practices Commission.
COVER PAGE - PART 2
Recipient Committee
Campaign Statement
Cover Page - Part 2
5.Officeholder or Candidate Controlled Committee
NAME OF OFRCEHOLDER OF CANDIDATE
OFFICE SOUGHT OR FIELD (INCLUDE LOCATION AND DISTRICT NUMBER IF APPLICABLE)
RESIDDffWJBU%NESS ADDRESS (NO. AND STREET) CITY STATE 2IP CODE
Related Commlttt"es Not Included In this Statement: List any committees
not kK*Ided to this consolidated statement that are conWied by you Or which am p&nan7y
formed to receive coninbutions or to make expenditures on behalf of your candidacy.
6. Ballot Measure Committee
NAME OF BALLOT MEASURE
by district
Charter amendment to nominate and elect @ity council members
BALLOT NO.OR LETrEA I JURISDICTION SUPPORT
City of Huntington Beach 13OPPOSE
Identify the 1 9 vf(iceholder, candidate, or stale measure proponent, It any.
NAME OF OFFICEHOLDEFIL CANDIDATE OR, PROPONENT
OFFICE SOUGITT OR HELD
OO4GYAITEE NAME I lD. NUMBER
7. Primarily Formed Committee
NAME OF TREASURER CONTROLLED COUMnTEE7
COMMITTEE ADDRESS ST REEr ADDRESS (NO P.O. BO)*
CITY STATE ZIP CODE AREA OODFJPHDNE
COLOArnim NAME L.O. NUMBER
NAME OF TREASURER CONTROLLED COWATTEE?
COMMITTEE ADDRESS STREET ADDRESS (NO P.O. BOX*
CITY STATE ZIP CODE AREA CODEMHONE
NO. IF ANY
NAME OF OFFICEHOLDER OR CANDIDATE
OFFICE SOUGKr OR HELD
❑ SUPPORT
❑ OPPOSE
NAME OF OFFICEHOLDER OR CANDIDATE
OFFICE SOUGHT OR HUD
❑ s m cm
❑ OPPOSE
NAME OF OFFICEHOLDER OR CANDIDATE
OFFICE SOUGHT OR HELD
U WFFMT
❑ OPPOSE
NAME OF OFFICEHOLDER OR CANDIDATE
OFFICE SOUGHT OR HELD
❑SUPPORT
❑ OPPOSE
•
Ballot Measure Committee
Summary Page
NAME OF FILER Citizens Against Power Politics
Contributions Received Column A
Torsi Thcs PERIDD
(FROM ATTACKED SCHEDULES)
I. Monetary Contributions . Schedule A, Line 3 S 1,595.00
2. Loans Received ................................................ Schedule B, Line 7 0.00
3. SUBTOTAL CASH CONTRIBUTIONS .................. Add Lines 1 +2 S 1,595.00
4. Non -monetary Contributions ............................. Schedule C, Line 3 0.00
S. TOTAL CONTRIBUTIONS RECEIVED ................. Add Lines 3 + 4 S 1,595.00
Expenditures Made
6. Cash Payments . Schedule E. Line 4
S
93.00
7. Loans Made ...................................................... Schedule H, line 7
0.00
8. SUBTOTAL CASH PAYMENTS ............................ Add Lines 6 + 7
$
93.00
9. A=ved Expenses (Unpaid Bills) ...................... Schedule F, Line 3
0.00
10. Nonmonetary Adjustment ..... Schedule C, Line 3
0.00
11. TOTAL EXPENDITURES MADE .................. Add lines 8 + 9 + 10
S
93.00
Current Cash Statement
12. Beginning Cash Balance .......... Previous Summary Page, Line 16
$
0.00
13. Cash Receipts .... Column A, Line 3 above
1,595.00
14. Miscellaneous Increases to Cash .:................... Schedule 1, Line 4
0.00
15. Cash Payments ....... Column A, Line 8 above
93.00
16. ENDING CASH BALANCIces 12 + 13 + 14, then subtract Line 15
$
1,502.00
If this is a Termination Statement Line 16 must be zero.
17. LOAN GUARANTEES RECEIVEDSchedule B, Part 1, Column (b) $ 0.00
Cash Equivalents and Outstanding Debts
i 8. Cash Equivalents................................................................................5. 0.00
19. Outstanding Debts .......... Add Line 2 + Line 9 in Column C above $ 0.00
from 01/01/2002
06 / 3 0 /2 002
Column B
CALENDAR YEAR
TOTAL. TD DATE
$ 1,595.00
0.00
S 1,595.00
0.00
$ 1,595.00
$ 93.00
0.00
S 93.00
0.00
0.00
$ 93.00
SUMMARY PAGE
-r60
Page---! of 6
I.D. NUMBER
1245104
Calendar Year Summary for Candidates
Running In Both the state Primary and
General Elections
i/1 through WO 711 to Date
20. Conlrbutions
Reoeived . 1L
21. Expeh>citurm
Made ........ $ -
Expentriture Limit Summary for State
Candidates
22. Cumulative Exenditure Made'
(It SUNeq 10 Voluntary E"ricult" Lkrit)
pate of EhK:lon Total to Data
(nv++ddtyy)
S/CCW - PCAP02 01180 (Rev. 9/99)
Schedule A
Monetary Contributions Received
NAME OF FILER Citizens Against Power Politics
SCHEDULE A
Statement corers period
CALIFORNIA 14
from 01/01/2002 '
RNNI
through 0 6/ 3 0/ 2 0 0 2 Page 4 of
I.D. NUMBER
1245104
IF AN INDIVIDUAL, ENTER
DATE
FULL NAME, MAILING ADDRESS AND ZIP CODE OF CONTRIBUTOR
CONTRIBUTOR
OCCUPATION AND EMPLOYER
AMOUNT RECEIVED
RECEIVED
(IFOOLUAMML asp ENTER La. AR MEM
CODE '
(IF SELF4WLOYED EWER NAME
THIS PERIOD
OF MJSWESS)
05/31/2002
Ralph Balzer
0 IND
Retired
300.00
16511 Cotuit Dr.
❑ CON
Huntington Beach, CA 92649
❑ OTH
❑ PW
❑ SCC
05/31/2002
John Erskine
0 IND
Attorney
150.00
6485 Frampton Circle
❑ CON
Huntington Beach, CA 92648
❑ oTH
Nossaman Guthner
❑ PTY
Knox & Elliott
❑ SCC
06/04/2002
Richard Harlow
0 IND.
Consultant
200.00
1742 Main St.
❑ COM
Huntington Beach, CA 92648
❑ OTH
Dick Harlow &
❑ PTY
Associates
❑ SCC
05/30/2002
Donald Mueller
0 IND
Retired
100.00
503 - 21st St.
❑ COM
Huntington Beach, CA 92648
❑ OTH
❑ PTY
❑ SCC
06/03/2002
Judith Shenkman
0 IND
Homemaker
300.00
15662 Sunflower Lane
❑ CON
Huntington Beach, CA 92647
❑ OTH
❑ PTY
❑ SCC
SUBTOTAL $ 1,050.00
Monetary.Contributlons Summary
1. Amount received this period - contributions of $ 100 or more.
(Include all Schedule A subtotals.)................................................................................................ $ 1.550.00_
2. Amount received this period - contributions of less than $100.
(Do not itemize.).......................................... .................................................................................... $ 45.00
3. Total monetary contributions received this period.
(Add Lines 1 and 2. Enter here and on the Summary Page, Column A, Line 1.) ..............TOTAL $ - 1,595.00
CUMULATIVE TO DATE
CALENDAR YEAR
(JAN I - DEC 31)
300.00
150.00
200.00
100.00
300.00
6
•
Schedule A (Continuation Sheet)
Monetary Contributions Received
NAME OF FILER Citizens Against Power Politics
S1a mpimt mvm period
fmm 01/01/2002
06/30/2002
SCHEDULE A (cost
FORNI+ 460
paw 5 of 6
LD.NUMBER
1245104
IF AN INDIVIDUAL ENTER
DATE
FULL NAME. MAILING ADDRESS AND ZIP CODE OF CONTRIBUTOR
CONTRIBUTOR
OCCUPATION ARID EMPLOYER
AMOUNT RECEIVED CUMULATIVE TO DATE
RECEIVED
OF caLu fnEE- ALSO 911E i LD. NUMBERI
CODE '
OF sBYTOYED MER kkW
TMIS PERIOD CALENDAR YEAR
OF OLSWESSI
(JAN i - DEC 31)
06/1B/2002
Beverly Skinn
0 IND
Homemaker
100.00
100.00
6242 Warner Ave. #27C
❑ coM
Huntington Beach, CA 92647
❑ OTH
❑ PTY
❑ scc
06/04/2002
David Sullivan
® (NO
Retired
300.00
300.00
4162 Windsor Dr.
❑ Cola!
1
Huntington Beach, CA 92648
❑ OTH
❑ PTY
❑ sm
05/30/2002
Jonathan Woolf -Willis
0 IND
Attorney'
100.00
100.00
6672 Presidio Dr.
❑ cOM
Huntington Beach, CA 92648
❑ oTH
Jonathan
❑ PTY
Woolf -Willis,
❑ SCC
Attorney
❑ IND
❑ cOM
❑ OTH
❑ PTY
❑ SCC
❑ IND
❑ cOM
❑ OTH
•
❑ PTY
❑ SCC
❑ IND
❑ com
Cl OTH
❑ PTY
❑ SCC
SUBTOTAL $ 500.00
1
I
SCHEDULE E
Schedule E
statement covers period
Payments Made
Elul
ftom 01/01/2002
t Mm9h 06/30/2002 Page 6 of 6
NAME OF FILER Citizens Against Power
Politics
I.D. NUMBER
1245104
CODES: If one of the following codes accurately describes the payment, you may enter the code.
Otherwise, describe the payment.
CMP campaign PaWhemalie/misc.
MBR member communications
RAD radio airtime and production oasts
CNS campaign consultants
MTG meetings and appearances
RFD returned contributions
CTB contribution (explain nonmonelary)'
OFC office menses
SAL campaign workers salaries
CVC civic donations
PET petition dradatirrg
TEL tv. or table airtime and production costs
FIL candidate rQVbatlot fees
PHO phone banks
TRC candidate travel, Iodgarg and meals (explain)
FND fundraising events
POI. pairing and survey research
TRS staff/spouse travel, lodgfng and meals (expfafrr)
IND' independent expenditure supportinglopposing others (explain)'
POS postage, delivery and messenger services
TSF transfer between committees of the same candidatelsponsor
LEG legal dateline
PRO professional servioes pegal. accourrrhrg)
VOT voter registration
LIT carrmalan literature and maginos
PRT print ads
WEB Information tedur bnv costs finlemel. a-maifl
SUBTOTAL $ 0.00
Schedule E Summary
1. Payments made this period of $100 or more. (include all Schedule E subtotals.)........................................................................... $ 0.00
2. Unitemized payments made this period of under$100.................................................................................................................... $ 93.00
3. Total interest paid this period on outstanding loans. (Enter amount from Schedule 13, Part 2, Column(d).).................................... $ 0.00
4. Total payments made this period. (Add lines 1, 2, and 3. Enter here and on the Summary Page, Column A, line 6.) .... TOTAL $ 93.00
IAT RATE ENVELOPE 1 U.S. PMTRGE
AT RATE POSTAGE REGARDLESS OF WEIGHT TLMTI --IA
OMESTIC USE ONLY .iu31.
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uenrsosrens -
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OR PICKUP CALL 1-800-Y222-1811 0000 $3.85, o
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`�' ,. �_.�.�,_ -.J' �: � Mom_ l;j
P.1
T RUG 14 2a02 1:55PM�HP LFISERJET 3200
i
?m? AUG } 4 m T. 02
FACSIMILEti
CiTY I ATTORNEY
TO: ANITA (714) 374-1590
FROit+I: BRUCE PEOTTER
DATE: August 14, 2002
'PAW OFFICE
OF BRUCE
PEOTTER
Per your request, enclosed is page 6 from the Points and Authorities.
250 NEWPORT CENTER DRIVE, SUITE 200,
NEWPORT BEACH, CALIFORNIA 92660
TELEPHONEi 9491721-00I3
FAX: 9491644AB90
95% P.01
AUG-14-2002 14:07