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March 2, 2002 - Special Municipal Election - Resolution 200
to 44 �W 1 'Sw" 9(iF00. P a .. 4 W SECRETARY OF STATE f, BILL JOKES, Secretary of State of the State of California, hereby certify That the attached transcript of page(s) was prepared by and in this office from the record ®n fife, of which it purports to be a copy, and that it is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of 41 the State of California this day of JUN 1 1 2002 t j k Secretary of State Sec/State Form CE-108(rev.6/98) - � OSP 00 42413 r } CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC CONNIE BROCKWAY CITY CLERK State of California ) County of Orange ) ss City of Huntington Beach ) I, Debbie Cook, Mayor in and for the City of Huntington Beach, California, do hereby certify and authenticate that the following are full, true and correct copies of documents required to be submitted to the Secretary of State of the State of California in accordance with G.C. Section 34460, and pursuant to a Special Municipal Election held in the City of Huntington Beach on the 5`h day of March, 2002. 1. Certificate of Proceedings in Adoption of Charter Amendments—(Measure EE & Measure FF). 2. Complete text of Amendment to Charter Section — (Measure EE) — Shall the Charter of the City of Huntington Beach be amended by adding a new section thereto providing that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example, by the adoption of a rent control ordinance)? 3. Complete text of Amendment to Charter Section — (Measure FF) — Shall the Huntington Beach Charter be amended to establish an "Infrastructure Fund"with all infrastructure revenues raised, and accrued interest, directed into the Fund, prohibiting the transfer or loan of Fund monies; requiring that General Fund expenditures for infrastructure not be reduced below 15%of General Fund revenues based on a five-year rolling average;and requiring that City Council designate an advisory board to annually review and audit the Infrastructure Fund? 4. Certified copy of the Official Sample Ballot and Voter Information Pamphlet. 5. Proof of Publication of Notice of Election. 6. Certificate of Registrar of Voters, County of Orange, to Result of the Canvass of the Special Election Returns. IN WITNESS WHEREOF, I have hereunto set my hand this 5 ti , 2002. Debbie Cook, Mayor City of Huntington Beach Date: '7`-�� " D 7— ATTEST: Connie Brockway, City Cler City of Huntington Beach Date: (Telephone:714-536-5227) Certificate of Proceedings in Adoption of Charter Amendments NO. 1 CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF CHARTER AMENDMENTS BY ELECTORS OF THE CITY OF HUNTINGTON BEACH AT A SPECIAL MUNICIPAL ELECTION HELD ON MARCH 5, 2002 STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss CITY OF HUNTINGTON BEACH ) We, the undersigned, Debbie Cook, Mayor of the City of Huntington Beach, and Connie Brockway, City Clerk of said City, do hereby certify and declare as follows: That the City of Huntington Beach, in the County of Orange, State of California, is now and at all times herein mentioned was a municipal corporation, duly organized-in accordance with the provisions of the Constitution of the State of California by the electors of said City on the 29th Day of April 1937, and thereafter duly Adopted by Assembly and the Senate of the State of California on May 12, 1937 and May 13, 1937 respectively. That on the 15th day of October, 2001 the City Council of the City of Huntington Beach passed and adopted Resolution No. 2001-79 calling for a Special Municipal Election to be held in the City of Huntington Beach, on March 5, 2002, for the purpose of submitting to the electors of said City a certain measure to appear upon the ballot, proposing certain amendments to the aforesaid Charter. (Exhibit A— Measure EE) and Exhibit B — Measure FF) They further declare that the foregoing constitutes a true and correct statement of the proceeding had by the City of Huntington Beach and the City Council of said City in the presentation of said amendment to the Charter of the City of Huntington Beach and the election held thereon. IN WITNESS WHEREOF we have hereunto set our hands and affixed the official seal of the City of Huntington Beach in Huntington Beach California on the «'`� day of 2002. C Debbie Cook, Mayor Connie Brockway, City Clerk State of California County of Orange )SS On this Z67111 day of Adel L , 2002, before me, a Notary Public in and for said County and State, personally appeared Oebe ir' 1!:�o u!c , known to me to be the Mayor and l°a.r�wi� /c3/1 y �i�4-�L , known to me to be the City Clerk of the City of Huntington Beach, the municipal corporat on that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. VIRGINIA R. MELTON rAo CC"WdWM#i29093 -calroai Orange car 14PhWC&rm&0=jan1a2M51 EXHIBIT A 1 } Measure EE A PROPOSAL TO ADD SECTION 803 TO THE CITY CHARTER OF THE CITY OF HUNTINGTON BEACH SECTION 1. Property Rights Protection Measure: The City Charter of the City of Huntington Beach is hereby amended to add a new Section 803 to read as follows: "Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent; exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a) refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property, whether for regulation or general revenue purposes; g:/election/2002/march/reso—calling election—2002 city atty.doc 1 � (5) any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law." SECTION 2. Title of Proposal to Amend the City Charter: The proposal to amend the City Charter of the City of Huntington Beach to add a new Section 803 shall be known as the "Property Rights Protection Measure". SECTION 3. Findings and Statement of Purpose of Property Rights Protection Measure: There is strong and convincing practical evidence which shows that price controls on the sale or rental of any residential accommodation does nothing to preserve or maintain affordable housing. In fact the evidence in Southern California appears to show that rent control destroys affordable housing and accelerates development pressures to turn older properties into new and higher density commercial and so-called "up-scale"housing. To pick just-one of many examples-- in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households with children which is larger than any other comparable city in Southern California without rent control. Under rent control, Santa Monica's elderly population (age 65 or over) declined by 1.7 percent between 1980 and 1990, whereas the elderly population of Los Angeles County rose by more than 15% over the same decade. The elderly population increased over this period in every comparable city without rent control in Southern California. The result of social experimentation with rent control in Southern California produces the following conclusion: rent control does not provide more or better affordable housing for anyone--especially the elderly and young families. The imposition of rent control forces some property owners to change the use of their property and this change of use often can result in more development and pressures which cause the destruction of existing neighborhoods. Unnecessary and complicated government interference in private property transactions and homeownerships and rental decisions produces wasteful lawsuits and imposes needless costs on all taxpayers. We the people find that the best means to assure that our community and neighborhoods are preserved is to protect property rights and to allow owners to make their own decisions about the price and other terms on which they can sell or lease their residential property. SECTION 4. Severability: If any provision of Section 803 of the City Charter of the City of Huntington Beach, or the application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of Section 803 which can be given effect without the invalid provision or application, and to this end, the provisions of Section 803 are declared to be severable. g:/election/2002/march/reso—calling election—2002 city atty.doc EXHIBIT B Measure FF Section 617 of the Charter of the City of Huntington Beach is hereby added to read as follows: Section 617. INFRASTRUCTURE FUND (a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled"Infrastructure Fund." The term"Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks,bridges, street trees, landscaped medians,parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,including construction, design, engineering,project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five- (5) year rolling average. (c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. g:/election/2002/marchlreso—calling election—2002 city atty.doc Complete Text of Amendment to Charter Section Measure EE . FILIED In the Office of the Secretq of Sty of the Stab of Califcrnia Charter Chapter No. 8 Measure EE APR 2 2 2002 A PROPOSAL TO ADD SECTION 803 TO THE CITY , CHARTER OF THE CITY OF HUNTINGTON BEACH BILL JO? tary of State SECTION 1. Property Rights Protection Measure: The City Charter of the City of Huntington Beach is hereby amended to add a new Section 803 to read as follows: "Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b) The word "mandates" as used in subsection(a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased,rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a) refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property, whether for regulation or general revenue purposes; g:/election/2002/march/reso—calling election—2002 city atty.doc (5) any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law." SECTION 2. Title of Proposal to Amend the City Charter: The proposal to amend the City Charter of the City of Huntington Beach to add a new Section 803 shall be known as the "Property Rights Protection Measure". SECTION 3. Findings and Statement of Purpose of Property Rights Protection Measure: There is strong and convincing practical evidence which shows that price controls on the sale or rental of any residential accommodation does nothing to preserve or maintain affordable housing. In fact the evidence in Southern California appears to show that rent control destroys affordable housing and accelerates development pressures to turn older properties into new and higher density commercial and so-called"up-scale"housing. To pick just one of many examples-- in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households with children which is larger than any other comparable city in Southern.California without rent control. Under rent control, Santa Monica's elderly population (age 65 or over) declined by 1.7 percent between 1980 and 1990, whereas the elderly population of Los Angeles County rose by more than 15% over the same decade. The elderly population increased over this period in every comparable city without rent control in Southern California. The result of social experimentation with rent control in Southern California produces the following conclusion: rent control does not provide more or better affordable housing for anyone--especially the elderly and young families. The imposition of rent control forces some property owners to change the use of their property and this change of use often can result in more development and pressures which cause the destruction of existing neighborhoods. Unnecessary and complicated government interference in private property transactions and homeownerships and rental decisions produces wasteful lawsuits and imposes needless costs on all taxpayers. . We the people find that the best means to assure that our community and neighborhoods are preserved is to protect property rights and to allow owners to make their own decisions about the price and other terms on which they can sell or lease their residential property. SECTION 4. Severability: If any provision of Section 803 of the City Charter of the City of Huntington Beach, or the application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of Section 803 which can be given effect without the invalid provision or application, and to this end, the provisions of Section 803 are declared to be severable. g:/election/2002/march/reso—calling election—2002 city atty.doc 1 ' Complete Text of Amendment to Charter Section Measure FF Non 3 FILED In the Office of the Secretary of Sty of the Sta!)of c2n c.,;min Charter Chapter No. 9 APR 2 n. 2002 Measure FF BILL JONES,S tnof$tits Section 617 of the Charter of the City of Huntington Beach is hereby added to read as follows: Section 617. INFRASTRUCTURE FUND (a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled"Infrastructure Fund." The term"Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets,highways, curbs and gutters, sidewalks,bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights,block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five- (5) year rolling average. (c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. g:/election/2002/march/reso—calling election—2002 city atty.doc Certified Copy of the Official Sample Ballot& Voter Information Pamphlet ity 1k Ro) C H t un in � z of Beach SUPPLEMENTAL Voter Information Pamphlet ZE SPECIAL MUNIGI'P : - n TU ES DAY, MANO RT MARK AND SAVE THIS SAMPLE BALLOT For use at your Polling Place or for voting your "VOTE BY MAIL" Ballot P PEN a r I OLLS O t 7 A. M . AND CLOSE at 8 P. M . e , The location of your POLLING PLACE Is shown at the bottom of back cover of the County Pamphlet t NOTE: "VOTE BY IVIA' V ® T Ballot Application COL Bac k Cove r of Co u my Parma FOREIGN LANGUAGE TRANSLATIONS AVAILABLE Pursuant to federal law,voter information and sample ballots have been translated and are available in the following language(s): If you would like a copy of the translated ballot and sample ballot, at no cost to you, please telephone: The Office of the City Clerk at the phone number listed on the back of this pamphlet. SPANISH: Si usted desea recibir sin costo alguno una copia traducida de la boleta y de la boleta de muestra, por favor sirvase Ilamar por telefono a la Oficina del Actuario Municipal al numero de telefono que figura en la lista de la cubierta de atras de este folleto. VIETNAMESE: NEU QU$VI MU6N NHAN MIEN PHI LA PHIEU VA LA PHIEU MAU CA E)LIOC PHIeN DICH, XIN GQI flICN THOAI CHO: VAN PHdNG THU KY THANH PH6 TAI S8 flICN THOAI GHI 6 MAT SAU TAI LICU HLONG DAN NAY 09/2 S I HAVE VOTED-HAVE YOU? MEASURES SUBMITTED TO THE VOTERS HUNTINGTON BEACH CITY SCHOOL DISTRICT A To improve the quality of education,repair ex- BY�a + L DID classroom schools,replace 35 year old roofs and classroom heating and ventilation systems, 90nds + provide student access to modern technology, No upgrade classroom electrical and fire alarm systems,replace date- ' riorating water and sewer systems,and quality the District to re-ceive,as available,$16,700,000 in state-matching funds shall the Huntington Beach City School District issue$30,000,000 in bonds at interest rates within legal limits,subject to a citizen oversight committee and independent financial audits? CITY OF HUNTINGTON BEACH Property Rights Protection Measure.Shall Yes + E E the Charter of the City of Huntington Beach be amended by adding a new section thereto pro- No + viding that only a property owner can establish the price or terms regarding that property's sale,lease,rental,ex- change or transfer;and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale,lease,rental,exchange or transfer of property(for example, by the adoption of a rent control ordinance)? Creation of Infrastructure Fund. Shall the Yes + FF Huntington Beach Charter be amended to es- tablish an"Infrastructure Fund"with all infra- No + structure revenues raised, and accrued interest,directed into the Fund;prohibiting the transfer or loan of Fund monies;requiring that General Fund expenditures for infra- structure not be reduced below 15%of General Fund revenues based on a five-year rolling average;and requiring that City Council sn designate an advisory board to annually review and audit the Infra- structure Fund? Advisory Vote Only. Infrastructure Fund.. Yes + RGG Power Plant Utility Tax.Shouldthe UtilityTax: paid solely by an electric power plant be placed No + into an Infrastructure Fund to be used only for the maintenance,construction and repair of infrastructure such as storm drains,storm water pump stations,alleys,streets,highways, curbs and gutters,sidewalks,bridges,street trees,landscaped me dians,parks,beach facilities,playgrounds,traffic signals,street lights,block walls along arterial highways and all public buildings and public ways? Amendment of Gas Tax by Removing Elec- Yes + = tric Power Plant Exclusion.Shall the ordi- HH nance repealing the Gas Tax exclusion for No + electric power plants be adopted? Zip 30-E354r E TURN CARD OVER Huntington Beach MEET CHAD Hi I'm Chad ! Chad is neither male nor female and totally non-partisan. Chad comes in different shapes and sizes. Chad has an unusually bad habit of "llanQitlg"around when you don't want it too When you finish voting your ballot, make sure you completely remove all ..banging Chads" from the reverse side of your ballot. Removing all ""Hanging Chads" from your ballot will ensure that your Vote will be counted. 09/4 VOTER INFORMATION PAMPHLET The following pages contain: BALLOT MEASURES, ANALYSES, ARGUMENTS AND REBUTTALS MEASURES: Some of the following pages may contain proposed measures, propositions or charter amendments. The portions to be deleted are printed in StFikeout type, and the portions to be added are underlined. ANALYSES: The Impartial Analysis is an impartial summary of the results of the proposed measure or proposition. ARGUMENTS: Arguments and/or rebuttal arguments in support of or in opposition to the proposed laws are the opinions of the authors and have not been checked for accuracy by any official agency. osis FULL TEXT OF MEASURE EE CITY OF HUNTINGTON BEACH A PROPOSAL TO ADD SECTION 803 TO THE CITY CHARTER OF THE CITY OF HUNTINGTON BEACH i SECTION 1. Property Rights Protection Measure. The City Charter of the City of Huntington Beach.is hereby amended to add a new Section 803 to read as follows: "Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a)The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b)The word"mandates"as used in subsection(a)includes any measure taken by ordinance,resolution,administrative regulation or other action of the City to establish,continue,implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered,sold, leased,rented,exchanged or otherwise transferred by its owner. The words"real property'as used in subsection(a)refer to any parcel of land or site,either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c)This Section 803 shall not apply to: (1) any real property which contains serious health,safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2)any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity,including the City and any of its related agencies, to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3)any planning or zoning power of the City as relates to the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4)any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5)any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax;or (6)to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law.° SECTION 2. Title of Proposal to Amend the City Charter. The proposal to amend the City Charter of the City of Huntington Beach to add a new Section 803 shall be known as the"Property Rights Protection Measure". SECTION 3. Findings and Statement of Purpose of Property Rights Protection Measure: There is strong and convincing practical evidence which shows that price controls on the sale or rental of any residential accommodation does nothing to preserve or maintain affordable housing. In fact the evidence in Southern California appears to show that rent control destroys affordable housing and accelerates development pressures to turn older properties into new and higher density commercial and so-called"up-scale"housing. To pick just one of many examples—in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households with children which is larger than any other comparable city in Southern Cal ifomia without rent control. Under rent control,Santa Monica's elderly population(age 65 or over)declined by 1.7 percent between 1980 and 1990,whereas the elderly population of Los Angeles County rose by more than 15%over the same decade. The elderly population increased over this period in every comparable city without rent control in Southern California. The result of social experimentation with rent control in Southern California produces the following conclusion: rent control does not provide more or better affordable housing for anyone especiallythe elderly and young families. The imposition of rent control forces some property owners to change the use of their property and this change of use often can result in more development and pressures which cause the destruction of existing neighborhoods. Unnecessary and complicated government interference in private property transactions and homeownerships and rental decisions produces wasteful lawsuits and imposes needless costs on all taxpayers. We the people find that the best means to assure that our community and neighborhoods are preserved is to protect property rights and to allow owners to make their own decisions about the price and other terms on which they can sell or lease their residential property. SECTION 4. Severability: If any provision of Section 803 of the City Charter of the City of Huntington Beach,or the application to any person or circumstance is held invalid by a court of competent jurisdiction,such invalidity shall not affect other provisions or applications of Section 803 which can be given effect without the invalid provision or application,and to this end,the provisions of Section 803 are declared to be severable. IMPARTIAL ANALYSIS BY CITY ATTORNEY ANALYSIS This measure,if adopted by the voters,would add a new Section 803 to the Charter of the City of Huntington Beach(sometimes"City"),entitled the"Property Rights Protection Measure." This measure states,in Section 803,subsection(a),that the City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale,lease,rent,exchange or other transfer by the owner of real property. Section 803,subsection(a)further states that any such measure is hereby repeated. This measure,in Section 803,subsection(b),defines the terms"mandates"and"real property'as used in Section 803,subsection(a). This measure,in Section 803,subsection(c),provides that if adopted by the voters,this Section 803 would not apply to property cited by the City for various code violations;or to property owned by public agencies;or to property where the owner has agreed by contract with a public entity to accept certain financial assistance;or to any planning or zoning power of the City related to the use,occupancy or improvement of real property;or to any real property acquired by the City or its related agencies by eminent domain,purchase,grant or donation;or to any power of the City to require a business license for the sale or rental of real property;or to any dwelling unit or accommodation in any hotel,motel or other facility subject to the transient occupancy tax;or to impair the obligation of any contract entered into prior to its enactment or otherwise required by state law. CONCLUSION This measure,if adopted,would clearly impact the City's ability to enact price and rent controls on many privately owned real properties in the City,with certain exceptions as stated above.This measure may also have a currently unknown effect on existing laws and programs. s/GAIL HUTTON,City Attorney 30-ee 1 ARGUMENT IN FAVOR OF MEASURE EE REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE EE To ensure that Huntington Beach homeowners—not politicians— • Passage of measure EE could cause 80,000 Huntington Beach renters to are the•only persons who may determine the price for which their face eviction and over 3500 mobile home owners to lose their homes due home is rented,leased or sold,vote YES on Measure EE. to planned,excessive rent increases. Your YES vote on Measure EE is needed because rent control is just • Renters throughout Orange County are appealing to their cities for relief around the corner.Consider: from unaffordable rents. • A proposed strict rent control ordinance is being reviewed by our City • A NO vote will protect the elderly on fixed incomes, and low or Attorney. moderate-income renters from the high rents this measure will allow. • City leaders recently commissioned.a$50,000 study to determine if • Lower rents allow young families to work and reside in Huntington Beach. mobile home rent control was needed. • Irvine's'longevity discount"program is proof that excessive rents destroy • Rent control advocates have mailed letters to every Orange County city a city's economic health. urging lawmakers to adopt rent control measures. . Affordable rents attract and maintain business growth,which increases • Irvine recently approved a"longevity discount"program—a plan that property values. controls rents. The hypocritical pro-measure group is begging government help, via Your Yes Vote Keeps Your Property Values From Declining Prop.13,and FEMA,yet they are against reriters receiving help. • Numerous economic studies confirm that rent control destroys local • A NO vote will allow Huntington Beach to comply with 100 other California housing markets and reduces property values. cities in preventing excessive rents,and will aid in Huntington Beach's • Rent control makes it difficult for property owners in rent control cities to financial,political,and social growth. acquire emergency loans. After California's catastrophic earthquake in Leading citizens and groups, including Mayor Pro-tem Debbie Cook, 1994,Santa Monica property owners were denied loans from the Federal Council member Connie Boardman, GSMOL President Steve Gullage, Emergency Management Agency(FEMA). FEMA officials claimed that Huntington Beach Tomorrow, HBMOA Board member AI Caraccia, and the citys rent control restrictions would prevent property owners from AARP local representative Bill Bernard,are joining us to help Huntington making enough rental income to pay back emergency loans. Beach renters. Your Yes Vote Brings Huntington Beach Into Compliance With VOTE NO ON THIS MEASURE. Thousands of Cities s/James P.Barker,Co-chairman • In 45 states the people preempted local governments from enacting Huntington Beach Renters to Oppose Property Rights Protection Measure any form of rent control. • Rent control was preempted in most of these states because existing properties in rent control cities fall into disrepair.They do not generate sufficient income to cover minimal maintenance costs. REBUTTAL TO ARGUMENT AGAINST MEASURE EE But Measure EE can keep that from happening here. That's why Measure EE is supported by the Howard Jarvis Taxpayers Association, The lone opponent of Measure EE is right about one thing—there is no rent the Huntington Beach Chamber of Commerce, Property Owners For control ordinance in Huntington Beach.And your YES vote on Measure . Property Rights,the Orange County Register.Vote YES on EE. EE will keep it that way! s/Scott Baugh Measure EE is not a"mean-spirited attack"on seniors living in mobile home Property Owners for Property Rights and Former Huntington Beach parks.Consider: Assemblyman Steve Gullage, a senior citizen and president of the Huntington s/Dana Rohrabacher Beach Mobilehome Owners Association chose not to sign the Huntington Beach Congressman ballot argument against Measure EE.A taxpayer-funded city study s/Donna L.Cross found that three out of four mobile home park residents believe that Huntington Beach Community Activist their space rent is fair. s/Jon Coupal • The Howard Jarvis Taxpayers Association — an organization President,Howard Jarvis Taxpayers Association which kept millions of seniors from losing their homes because they could not afford to pay their skyrocketing property taxes— s/Don MacAllister urges your YES vote on Measure EE. Former Huntington Beach Mayor • A Cal State Fullerton study commissioned by the City Council in 2001 ARGUMENT AGAINST MEASURE EE found that the average mobile home space rent in Huntington Beach is$145 below the Orange County average. This measure is proposed and financed by wealthy owners of Huntington The public and private sectors have established rent subsidy programs Beach mobile home parks and other outside special interest groups.It is a for the few seniors who need assistance with their space rent. mean spirited attack on mobile home residents,the majority of whom are Measure EE does NOT"remove the city's ability to stop rent gouging." senior citizens who live on fixed retirement incomes.This is the same ploy Your YES vote on Measure a enables the city council to stabilize that failed in 1996 when mobile home park owners fled to pass a statewide measure to prohibit all cities in the state from protecting citizens from rents in natural disaster emergencies. unreasonable rent increases. The free market is serving Huntington Beach property owners well — The city currently has no rent control ordinance.The proponents of this especially seniors living in mobile home parks.Your YES vote on Measure measure are trying to scare you by implying that without this measure,the EE ensures that the free market will continue to operate free from city will interfere with the sale of your property.Nothing could be further from government interference. the truth. s/Scott Baugh What this measure will do is remove the city's ability to stop rent gouging,if Property Owners for Property Rights and Former Huntington Beach necessary,by the mobile home park owners.If the measure passes,and Assemblyman the city loses its ability to protect our senior citizens from excessive rents, s/Donna L.Cross our seniors who own their mobile homes will lose them, as space rents Huntington Beach Community Activist spiral out of control. s/Jon Coupal VOTE NO ON THIS MEASURE! President,Howard Jarvis Taxpayers Association Sincerely, s/Don MacAllister s/James P.Barker,Co-chairman Former Huntington Beach Mayor Huntington Beach Renters to Oppose Property Rights Protection Measure 30-ee2 FULL TEXT OF MEASURE FF IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE FF Section 617 of the Charter of the City of Huntington Beach is hereby added ANALYSIS to read as follows: This measure,if approved by the voters,would add a new Section 617 to the Section 617. INFRASTRUCTURE FUND Charter of the City of Huntington Beach,to create what is called and defined (a)All revenue raised by vote of the electors or imposed by vote of the as the"Infrastructure Fund." City Council on or after March 5,2002,by a measure which states that the This measure: revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled • States that all revenue raised by vote of the electors or imposed by vote "Infrastructure Fund." The term 'Infrastructure" shall mean long-lived of the City Council on or after March 5,2002,by a measure which states capital assets that normally are stationary in nature and normally can be that the revenue to be raised is for the purpose of infrastructure,shall be preserved for significantly greater number of years. They include storm placed in a separate fund entitled"Infrastructure Fund" drains, storm water pump stations, alleys, streets, highways, curbs and Defines the term"Infrastructure"to mean long-lived capital assets that gutters,sidewalks,bridges,street trees,landscaped medians,parks,beach normally are stationary in nature and normally can be preserved for facilities,playgrounds,traffic signals,street lights,block walls along arterial significantly greater number of years, such as and including storm highways, and all public buildings and public ways. Interest earned on drains,storm water pump stations,alleys,streets,highways,curbs and monies in the Infrastructure Fund shall accrue to that account. Monies in gutters, sidewalks, bridges, street trees, landscaped medians, parks, said Fund shall be utilized only for direct costs relating to infrastructure beach facilities, playgrounds,traffic signals, street lights, block walls improvements or maintenance,including construction,design,engineering, along arterial highways,and all public buildings and public ways. project management, inspection, contract administration and property • Provides that all interest earned on monies in the Infrastructure Fund acquisition. Monies in said Fund shall not be transferred, loaned or shall accrue to that account otherwise encumbered for any other purpose. (b) Revenues placed in the Infrastructure Fund shall not supplant States that monies in the Infrastructure Fund shall be utilized only for existing infrastructure funding. The average percentage.of general fund direct costs relating to infrastructure improvements or maintenance, revenues utilized for infrastructure improvements and maintenance,for the including construction, design, engineering, project management, five-(5)year period of 1996 to 2001,is and was 14.95%. Expenditures for inspection,contract administration and property acquisition. infrastructure improvements and maintenance,subsequent to 2001,shall • States that monies in the"Infrastructure Fund shall not be transferred, not be reduced below 15%of general fund revenues based on a five-(5) loaned or otherwise encumbered for any other purpose. year rolling average. • States that revenues placed in the Infrastructure Fund shall not (c)The City Council shall by ordinance establish a Citizens Infrastructure supplant existing infrastructure funding. Advisory Board to conduct an annual review and performance audit of the " States that the average percentage of general fund revenues utilized Infrastructure Fund and report its findings to the City Council prior to for infrastructure improvements and maintenance,for the five-(5)year adoption of the following fiscal-year budget. period of 1996 to 2001,is and was 14.9%;and then further states that ARGUMENT IN FAVOR OF MEASURE FF expenditures for infrastructure improvements and maintenance, subsequent to 2001,shall not be reduced below 15%of general fund This Measure guarantees that 15%of all general fund revenues will be revenues based on a five-(5)year rolling average. spent on infrastructure improvements.This Measure also provides that a Directs the City Council to, by ordinance, establish a Citizens citizens committee will conduct an annual review and performance audit of Infrastructure Advisory Board to conduct an annual review and the fund, thereby further guaranteeing that these funds will be spent on performance audit of the Infrastructure Fund and to report its findings to infrastructure and nothing else. A yes vote will cost you nothing. It will the City Council prior to adoption of the following fiscal-year budget. however guarantee an allocation of ongoing income to infrastructure. CONCLUSION Few cities in the United States have addressed their infrastructure issues. Huntington Beach has addressed this issue through a 60-citizen This measure, if approved by the voters, would change existing law by infrastructure committee.It is the recommendation of that citizens committee adding a new section to the City's Charter creating the Infrastructure Fund. that this Measure be passed so we will adequately fund our future s/GAIL HUTTON,City Attorney infrastructure needs.A yes vote on this Measure will help fund streets,curbs, sidewalks,gutters,and storm drains.Vote yes on Measure FF. s/Pam Julien Houchen,Mayor,City of Huntington Beach ARGUMENT IN FAVOR OF MEASURE GG s/Debbie Cook,Mayor Pro Tem,City of Huntington Beach s/Connie Boardman,Council Member,City of Huntington Beach A yes vote on this advisory measure will send a message to the City Council s/Shirley Dettloff,Council Member,City of Huntington Beach that the citizens want the proceeds from the utility tax on the AES Plant to be s/Peter Green,Council Member,City of Huntington Beach spent toward meeting the city's infrastructure improvements needs. No argument against this measure was submitted. A 60-person citizen committee recently completed a 27-month study on how Huntington Beach can address our infrastructure needs.Infrastructure includes local sewer and drainage systems, streets, curbs, gutters, IMPARTIAL ANALYSIS BY CITY ATTORNEY sidewalks,parks,beaches,and public alleys. MEASURE GG Huntington Beach is one of the few cities in the United States to address this CITY OF HUNTINGTON BEACH problem in a comprehensive manner. The citizen report shows that the ANALYSIS financial need for infrastructure improvements and maintenance is real. This need for new revenue is due,in part,to the past actions of our State This measure is an advisory measure only. The City Council is not bound Government, beginning in 1993. and continuing to the present day, of by the results of the vote whether such vote is either for or against the annually diverting $7,000,000 of City property taxes to fulfill State measure. Government responsibilities. This measure poses the question of whether the utility tax paid solely by an Let's all pull together to ensure that our infrastructure system(the heartbeat electric power plant should be placed into an Infrastructure Fund to be used of Huntington Beach),which we all rely on in our daily lives,is adequately only for the maintenance,construction and repair of infrastructure such as funded to meet the community's present and future needs.Together,we storm drains,storm water pump stations,alleys,streets,highways,curbs can build a healthy community!Vote yes on this advisory measure. and gutters,sidewalks,bridges,street trees,landscaped medians,parks, s/Pam Julien Houchen,Mayor,City of Huntington Beach beach facilities,playgrounds,traffic signals,street lights,block walls along s/Debbie Cook,Mayor Pro Tem,City of Huntington Beach arterial highways and all public buildings and public ways. s/Ralph H.Bauer,Council Member,City of Huntington Beach CONCLUSION s/Shirley Dettloff,Council Member,City of Huntington Beach This measure would have no effect on existing law and would operate as an s/Peter Green,Council Member,City of Huntington Beach advisory vote only. No argument against this measure was submitted. 30-fg FULL TEXT OF MEASURE HH IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE HH First.Section 3.36.010 of the Huntington Beach Municipal Code is hereby ANALYSIS amended to read as follows: This measure,if approved by the voters,would have the effect of requiring 3.36.010 Definitions. Except where the context otherwise requires, the an electric power plant to pay the same utility tax as do residents and definitions given in this Section govern the construction of this chapter businesses of the City of Huntington Beach. (a)'City"means the City of Huntington Beach. This measure,if approved by the voters,would operate in the following two (b)"Month"means a calendar month. respects: It would amend Huntington Beach Municipal Code Section 3.36.010,by (c)'Person"means any domestic or foreign corporation,firm,association, 1. deleting the definition of"electrical corporation"from the list of definitions syndicate,joint stock company,partnership of any kind,joint venture, contained in subsection club,Massachusetts business or common law trust,society,individual or (g)of Section 3.36.010. municipal corporation. 2.It would amend Huntington Beach Municipal Code Section 3.36.080,by (d) 'Service supplier means any entity which receives taxes paid and deleting subsection (b), renumbering subsection (c) to subsection (b), and renumbering subsection(d)to subsection(c). remits same as imposed by this chapter. (e)'Service user"means a person required to pay a tax imposed by this The most important change would be the deletion of subsection (b) from Section 3.36.080. Subsection(b)of Section 3.36.080,as it presently exists, chapter. excludes, from the utility tax, 'charges made for gas to be used in the (f)'Tax Administrator"means the Finance Director of the City. generation of electrical energy by an electrical corporation." (g) 'Telephone corporation, , gas corporation, and CONCLUSION water corporation"shall have the same meanings as defined in Sections This measure, if approved by the voters,would change existing law by 234,2td,222,and 241 respectively,of the Public Utilities Code of the deleting the exclusion presently enjoyed by an electric power plant from State of California, as said Sections existed on January 1, 1970. paying the same utility tax as do residents and businesses of the City of `97Mater corporation"shall be construed to Huntington Beach. include any organization,municipality or agency engaged in the selling or supplying of elecficat powerar water to a service user.hvwever,ds s/GAIL HUTTON,City Attorney Second. Section 3.36.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: 3.36.080 Gas tax—Exclusions. There shall be excluded from the base on which the tax imposed in this Section is computed: (a)Charges made for gas which is to be resold and delivered through mains or pipes; fc,'(b)Charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities;and (dT(c)Charges for gas used in water pumping by water corporation. 30-hh1 ARGUMENT IN FAVOR OF MEASURE HH REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE HH Vote yes on Measure HH because it will keep your taxes down.By voting We've spent our careers opposing higher taxes here in Orange County. yes,you are voting to end the tax exemption the AES Corporation enjoys for Take our word for it-Measure HH is a double tax that will increase utility bills the natural gas it consumes to produce electricity. The AES plant is ugly, for Huntington Beach residents. pollutes our air,and our ocean. Any cost to AES will be passed on primarily The City Council wants you to believe Measure HH isn't a tax increase. to people outside of Huntington Beach. That's ridiculous.It's just another attempt by the city to collect more taxes A yes vote for this Measure will make AES pay their fair share of city costs from residents.In fact,the city was recently sued for collecting illegal taxes. that occur by virtue of their presence. The AES plant has been a blight on When Huntington Beach's utility tax was adopted,AES was exempted to Huntington Beach for over 40 years. Isn't it about time it contributes to our avoid double-taxing businesses and residents.The threat of double taxation city. is as true today as it was then.That's why you should oppose Measure HH. In the last election on this measure,AES spent nearly$300,000 to defeat it. If this irresponsible measure passes, residents will be taxed twice for Don't be fooled again. Vote yes on Measure HH. electricity-first on their utility bills and again when taxes are passed on to consumers. s/Pam Julien Houchen,Mayor,City of Huntington Beach Huntington Beach doesn't need another hidden tax. Instead, it needs a s/Debbie Cook,Mayor Pro Tem,City of Huntington Beach council that spends tax dollars efficiently with accountability for how local tax dollars are spent. s/Ralph H.Bauer,Council Member,City of Huntington Beach Two years ago voters overwhelmingly rejected an identical proposal put on s/Connie Boardman,Council Member,City of Huntington Beach the ballot by the city council-Measure Q.Now,the council wants voters to s!Peter Green,Council Member,City of Huntington Beach believe Measure HH is different.It isn't.Measure HH is an unfair double tax on Huntington Beach residents. With California's energy crisis,now is not the time to raise electricity rates. We need lower electricity rates,not higher ones. Pleasejoin the National Taxpayers Alliance and us and vote no on Measure HH. Vote"NO"on Measure HH a hidden"double tax"that will raise local utility bills. s/Reed Royalty President OC Taxpayers Association s/Dana Rohrabacher Member of Congress s/Scott Baugh Former Assemblyman,Huntington Beach ARGUMENT AGAINST MEASURE HH REBUTTAL TO ARGUMENT AGAINST MEASURE HH Don't be fooled. Measure HH is an unfair"double tax"that will raise your The Argument against Measure HH isjust plain poppycock.The residents of utility rates. Huntington Beach will not be taxed twice for electricity since most,if not all, If this irresponsible measure passes, Huntington Beach residents will be of the electricity will be sold outside of Huntington Beach.And while the power is sold elsewhere,we,the residents,are left with all the aggravation. taxed twice for your electricity first on your utility bills and again when the added taxes are passed on to consumers. Let the people outside of Huntington Beach pay for your roads,flood control channels,parks,libraries,beaches,curbs,gutters and sidewalks. Measure HH is not only a"double tax,"it's a"hidden tax"proposed by the A vote for Measure HH will keep your taxes and fees down since Measure city council. HH will generate over$2 million annually directly to Huntington Beach from The National Taxpayers Union reports that each year,every man,woman the unsightly AES Plant, thus requiring less in fees and taxes from and child in America already pays$60 in hidden utility taxes-$240 for the Huntington Beach residents for other city services. average family. When you dial 911,you want police,firefighters,and paramedics to be there Huntington Beach doesn't need another hidden tax increase. But that's within five minutes.When you send your child to school,you want to make what the city council is doing with Measure HH-and it isn't the first time. sure they get there safely.When you go to the beach,you want a trained Just two years ago voters overwhelmingly rejected the identical proposal- lifeguard watching over you.When you venture into the community to visit Measure Q.But the city council is hoping voters will believe Measure HH is Your parks and libraries,you want them to be open.Measure HH will help do better.It isn't.Measure HH is an unfair tax on Huntington Beach residents. this. Measure HH is good for Huntington Beach, but what is more important—it is good for you.Vote yes on Measure HH and keep your fees Please join the National Taxpayers Alliance and us and vote no on Measure and taxes down. HH. s/Pam Julien Houchen,Mayor,City of Huntington Beach We need to lower our utility rates,not raise them.Please join us in opposing s/Debbie Cook,Mayor Pro Tem,City of Huntington Beach Measure HH-a hidden"double tax"that will raise local utility bills. s/Reed Royalty s/Ralph H.Bauer,Council Member,City of Huntington Beach President s/Peter Green,Council Member,City of Huntington Beach OC Taxpayers Association s/Dana Rohrabacher Member of Congress s/Scott Baugh Former Assemblyman,Huntington Beach 30-hh2rr Mark your calendar . . . . . , don 't forget! MARCH 2O02 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 10 11 93 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 09/„ POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M. NOTE: Your POLLING PLACE LOCATION, the COMPLETE SAMPLE BALLOT, and the ABSENTEE VOTER APPLICATION are being mailed .under separate cover as required by the COUNTY REGISTRAR'S OFFICE, which is conducting this election. OFFICE OF THE CITY CLERK CITY HALL, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 PFiSRT STD 714/536=5227 U.S. POSTAGE sr� * PAID DDI 92831 BALLOT TYPE The forego v wstrument is a correct copy,of the'orig"on fNe in this off e. CAOR09 Attest 6q— 65 20 °Z CONNIE BROCKWAY MW rk of the Council of f Huntkoon Beach, Ca kniia. By Deputy Proof of Publication of Notice of Election No . 5 NOTICE OF SPECIAL MUNICIPAL ELECTION CITY OF HUNTING nU BE CH, CALIFORNIA NOTICE IS HEREBY GIVEN that a Special Municipal Election will be held i the City of Huntington Beach on Tuesday, March 5, 2002 to submit to th voters the following Measures: EE Property Rights Protection Measure. PROOF OF PUBLICATION Shall the Charter of the City of Huntington Beach be YES amended by adding a new section thereto providing that only a property owner can establish the price or terms regarding that property's sale,lease,rental,exchange or NO transfer;and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the STATEOF CALIFORNIA) .. sale,lease,rental,exchange or transfer of property(for example,by the adoption of a rent control ordinance)? SS. County of Orange ) FF Creation of.lnfrastructure Fund. Shall the Huntington Beach Charter be amended to YES am a Citizen of the United States and establish an"Infrastructure Fund"with all infrastructure revenues raised,and accrued interest,directed into the Fund;prohibiting the transfer or loan of Fund monies; NO resident of the County aforesaid; I a requiring that General Fund expenditures for over the a e of ei hteen ears and not infrastructure not be reduced below 15%of General Fund g g y i revenues based on a five-year rolling average;and. party t0 OC interested In the belo requiring that City Council designate an advisory board to annually review and audit the Infrastructure Fund? entitled matter. I am a principal clerk the HUNTINCTON BEACH INDEPENDENT, i GG Advisory Vote Only. Infrastructure Fund. newspaper of general circulation, printe Power Plant Utility Tax. YES' and published in the City of H untingto Should the Utility Tax paid solely by an electric power plant be placed into an Infrastructure Fund to be used only for Beach, County of Orange, State C the maintenance,construction and repair of infrastructure such as storm drains,storm water pump stations,alleys, NO California, and that attached Notice Is streets,highways,curbs and gutters,sidewalks,bridges, street trees,landscaped medians,parks,beach facilities, true and complete copy as was printei playgrounds,traffic signals,street lights,block walls along u and published in the Huntington BeaC arterial highways and all public buildings and public ways? and Fountain Valley issues of sai newspaper to wit the issue(s) of: HH Amendment of Gas Tax by Removing Electric Power Plant Exclusion. YES Shall the ordinance repealing the Gas Tax exclusion for elect rid.power plants be adopted? NO February 21 , 2002 The polls will be open between the hours of 7:00 a.m.and 8:00 p.m. /s/Connie Brockway,City Clerk,City of Huntington Beach,714-536-5227 Dated:02/14/02 declare, under penalty of perjury, th; Published Huntington Beach Independent February 21,2002 024-778 the foregoing is true and correct. Executed on February 21, .2002_ -� at Costa Mesa, California. MW ego Cop'of ro y/ on fe In . Attest f•3 I'7 20 O1 Signature C WWI x o c o t Bea* Council of of unti�gton eacfi, Callfornl& EY Deputy NOTICE OF SPECIAI:IGiORiCIPAL ELECTION CITY OF HUNTINGTON BEACH,CALIFORNIA NOTICE IS HEREBY GIVEN that a Special.Municipal Election will be held in the City of Huntington Beach on Tuesday,March 5,2002 to submit to the voters the following Measures: EE Property Rights Protection Measure. �►A Shall the Charter of the City of Huntington Beach be YES !O N amended by adding a new section thereto providing that only PROOF OF P U B Ll�.l►1 a property owner can establish the price or terns regarding NO that property's sale,lease,rental,exchange or transfer,and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale,lease, STATEOF CALIFORNIA) .. rental,exchange or transfer of property(for example,by the adoption of sr rent control ordinance)? S S. FF Creation of infrastructure Fund. County of Orange ) _ Shall the Huntington Beach Charter be amended to establish YES an'Infrastrucds'e Fund'with all infrastructure revenues raised,and accrued interest,directed into the Fund; NO prohibiting the transfer or loan of Fund monies;requiring that I am a Citizen of the United States and 1 General Fund expenditures for infrastructure not be reduced resident of the County aforesaid i a( below 15%of General Fund revenues based onafive-year I rolling average;and requiring that City Council designate an over the age of eighteen years, and not FundoryboardtoannuallyreviewandaudittheInfrastructure party to or interested in the belo', entitled matter. I am a principal clerk 1 GG Advisory Vote Only. Infrastructure Fund. Power Plant Utility Tax. YES the HUNTiNGTON BEACH INDEPENDENT, Should the Utility Tax paid solely byan electric power newspaper of general circulation/ p ri ntE plant be placed into an Infrastructure Fund to be used NO only for the maintenance,construction and repair of and published in the City of H u n ti n etc infrastructure such ae storm drains,storm water pump Beach, ` County of Orange, State sidewalk alleys,streets,highways,curbs and gutters, sidewalks,bridges,street trees,landscaped medians, parks,beach facilities,playgrounds,traffic signals,street California, and that attached Notice is lights,block wails along arterial highways and all public buildings and public ways? true and complete copy as was printE and published In the Huntington Beac HH Amendment of Gas Tax by.RemovingElectric YES Power Plant Exclusion. and Fountain Valley iSSueS Of Sa' Shall the wrdinance repealing the Gas Tax exclusion for NO newspaper to wit the issue(s) of: electric power plants be adopted? The palls will be open between the hours of 7:00 a.m.and 8:00 p.m. la/Connie Brockway City Clerk City of Huntington Beach February 28, 2002 714-536-5227 Dated:02/14/02 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 28 00 _ at Costa Mesa, California. The forging Is a coned copy of Bw origktal on He in Ok ofk*. men 2G oz Signature CONNIE BROCKWAY City lark and EX-Off d1W Of Cound of hgton B"d% Caliomia. By Doty MEDIDAS EN QUE SE VOTARAN-AVISO DE ELECCI6N + Ciudad d ur on Beach POR MEDIO DEL PRESENTE SE DA AVISO de una Elecci6n Municipal Especial en!, Ciudad de Huntington Beach ei 5 de marzo del 2002 en la que someterdn ante los votantes le siguientes meddidas: Cuatro medidas de la forma siguiente: PROOF OF P U B tI CATI O N Medidas de Protecci6n de los Derechos de sl + Propiedad.ISe modificad la Cana Con0tutiva de EE la Ciudad de Huntington Beach afi ibndole una nueva seam que&ponga que s6lo el propietario No + STATE OF CALIFORNIA) del eventie l uede estabieela et precio per o las condcciones de vents,ahqufier,monto de larenta,pemfuta o bansfererxiade una propiedad,y prohibiendo ala Ciludadde Huntington Beach iegistaro red S S, ular el precio o las andxiones reladonadas con la venta,aver,manb de la rents,permuta o tiansferwcia de la pm0edad(por ejemoo,medrante la County of Orange promulgation de una ordenanza Para el control del monto de las Wft. Creacl& del Fondo de InNestructura. LSe 9l + madificaralaCarta ConsttuM de Huntington Bexh um ! am a Citizen of the United States and E FF para cado pr [a Fordo ec iaaestny los cronformado por las yentas repudadas, y los NO + resident of the County aforesaid' 1 arr interatraeses dtenciados, dmdeldi at Fordo; `I � protsibi en do la transferencia o prastamo del dnero del rondo;e4endo que over the aQe of eighteen n ears and not i W g�os del Fondo General pars inkaestnrctura no estdn pordebajo del O g years, t 5%de tas rentas del Tondo General basado an un pmmec5o renovabte de ' partya to o r interested i n the bel o�+ �afts,y vdgiendo que el Concejo de la Ciudad designs una�rto asesora la coal se encargue de la revisi6n y auditoria anual del Ma de entitled matter. 1 am a principal cleric c Intraestr'c"ta? the H U NTi NGTON BEACH INDEPENDENT/ s61a Yoto infannativo.Fordo de irriraesbvelura St + newspaper of general circulation, pri me Impuesto a los Servhdos Publicos Pagados por b G G las Plantas de Energia.ISe asignarl el Impuesto a and pu fished In the City of Huntingto los ServitiosPOW=pagadoporplantasdeenergta No + elktdca a un Fondo de Intraestructum para que se Beach, ' County of Orange, State destine s6lo ai mantenimiento, construccibn y reparaci6n de intraestructuras,fates as ptuviales,estadanes de California, and that attached Notice is bombeo Para aguas pluviales,call*nes,piles,carreteras,border de banquetas, cvnetas y canaletas,banquetas,puentes,lorestaddn vial. true and complete copy as was printE omatode las beirmcentrales,parques,Wmestructuraen las playas,km para juegos,sehales de triko,alumbrado gWco,mums de corm a to and published in the Huntington Beac odecanterasadenalesytodos los eftospWcosynrfasdeueso al W040) and Fountain Valley issues of sa Enmienda del impuestode Gas Siminandoeste St + newspaper to wit the issue(s) of: Requisho para has Plantas de Energia Uttrica HH ZDebe adoptarse la ordenaaa de revo ft do impuesto de pas de exdustbn pars In plantas de No + en is elitnca? February 28 , 2002 Los lugares de votaci6n estardn ablertos entre las horas de las 7:00 a.m.y las 8:00 p.m. is/Connie Brockrwav City Clerk City of Huntington Beach ! declare, under penalty of perjury, t; Dated: - the foregoing is true and correct. Executed on February 28 , 002 at Costa Mesa, California. is at coereoct copy of to co l on INe In ft office. At9oat o��l� 2002, Signature CONNIE BROCKWAY a+rW of the Council of Hunftton Beach, av Deputy THONG BAO BAU C CAP THANH PHO THANH PHIS HUknNGTON BEACH NAY THONG BAO rAng mdt cu8c b£u ci!d4c blot cap thAnh ph6 36 dugc d(in m tot ThiM Ph6 HunUngton Beach v3o ngiy 05 thing Ba nAm 2002,qua 46 ai dUlc gM d6n c*W nhft bi$n phdp sau: PROOF OF PUBLICATION EE BjenPhipBa`oVeQuy6nveTa'ISa`n. Cd Hlin Chudng c8a ThAnh Ph6 Huntington Beach cd thi dugs sC(a 461 bang with thim vio mot phin mdl then dd qul dinh ���� ®� CALIFORNIA) ��) r;ng chi ed ngv81 sb hQu tlll in t m4lug,ed thi re gld hay that H K hen d61 vdl vlic bAn,thug,Uin thu@,treo rid)hay ehuy8n KHBNQ nhudng thl sin dd;vi ngan cin thhnh ph6Hungngton Beach khbl Me Ihm thhnh lugt hay qul dlnh 91A hay that hqn gin SS. quan din vloc bAn,thus,Uin thug,trao ddl hay chuy6n CO 1111} of ®ran ) nhudng tit sin(v(dy,stt chip n"n mot sic 1$nh vi klim `y Orange soAt Uin thug nhi)hay khdng? I am a Citizen of the United States and resident of the County aforesaid; I ai FF sang La"ptauy Ha Tangcasa. cc over the age of eighteen years and not 'HlinC*QugHhuang TingtCdon a"vd]t9ach c6 hidupchunh#fty gdpcdi 6t , IdP mot•Qvy Hd Ting Cd Sri'vdl tat ci cnc thu nhQP g6p cho party to or interested in the belo n natnngedad,vAUinI treh dVic flip via Quq; ngan ein vl¢c chuyin hu hay hay eho mutln din e5a Quy;QaI KHBNQ lc entitled matter. I am a principal clerk glAnhgngeh%tu nh4pcOaChlCou Chun ting g dviamC sa g°ung glAm dUbl 15%.thu nhQp eua Qvq Chung tin ct1 via mttc bung binh Oa nim nam BAP Icl;vi d61 h61 HQI Ung Tu Van ThAnh the HUNTINGTON BEACH INDEPENDENT, Ph6 chi dlnh mot uy ban c6vindixem lot VAklimVa-QugHe newspaper of general circulation, printE Ing Ca Sa hay kh6ng?' and published in the City of Huntinetc Beach, County of Orange, State GG lluCft-i' 'KlenMaThol.Qu;HaTeagC63b.. California, and that attached Notice is ThueTlenlehTrenNhaMayfllgn, cd 'ihui T14n(ch dugc tri duy nhit bdl mot nhi MAY QI$n e6 nin true and complete copy as was print, dupcdtta via mQtQugHeTingCdSa(16ONdiduge•dOngVia v14c bio trl,xAy dyng hay eva chQo hs ting ad oa nhu eie' KHONQ and published in the Huntington Bea during e6ng,tram bdm nude,nga him,during xA,xa i4,14 during, and Fountain Valley issues of vAa1l , 6ngvidn,At tudgd9ctiu.day0ch(nh AtitCA,hoawan s C glQa IQ,e6ng vlin,tUang ripe theo xa b eh(nh VA tat d eie tba nhi Ong cAc during dl e6ng tong hay kh6ng? newspaper,to wit the issue(s) of: HH Tu Chlnh Thu H61 et bang cich Huy Bo Phin Ngoai Trti Nh3 Wyalon. C6 February 28 , 2002 Cb nin ch5-p thunn sac I¢nh ht`,bd phan Ngoal Trii trong Luit ThUW Hbt flat ve nh3 miy d14n kh8ng? KONG I declare, under penalty of perjury, tl Meng phangbophWusadugcmdciaW7gidadngdia88iab6'L the foregoing is true and correct. /S!Connie Bmdmy,Thd Ky Thanh Ph' Thinh Phorlluntlngton Beach,(714)536-5227 Executed on February 28 aQ Ngey:22 thing 2 nam 2002 _ at Costa Mesa, California. Th®bregoing kw*meo Is e oonvot onpy of the eelginW on Me In this off. Attest 6a- 17 20 02 Signature CONNIE BROCKWAY tl—W tic of th® City Councl of Cit f ntington Bed, CaNOMIL By Deputy Certificate of Re istrar of Voters, County of Orange RESOLUTION NO. 2002-20 A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 5, 2002, CONSOLIDATED WITH THE COUNTY OF ORANGE DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Huntington Beach, California, on Tuesday,March 5, 2002, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the charter; and WHEREAS,pursuant to Resolution No. 2001-80 adopted on October 15, 2001, the County Election Department canvassed the returns of the election and has certified the results to the City Council,the results are received, attached and made a part hereof as Exhibit`°A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts 31,180. That the whole number of absent voter ballots cast in the City was 11,713,making a total of 42,893 ballots cast in the City. SECTION 2. That the measures voted upon at the election are as follows: MEASURE EE: "Shall the Charter of the City of Huntington Beach be amended by adding a new section thereto providing that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property(for example, by the adoption of a rent control ordinance)?" MEASURE FF: "Shall the Huntington Beach Charter be amended to establish an 'Infrastructure Fund' with all infrastructure revenues raised, and accrued interest, directed into the Fund; prohibiting the transfer or loan of Fund monies; requiring that General Fund expenditures for infrastructure not be reduced below 15% of General Fund revenues based on a five-year rolling average; and requiring that City Council designate an advisory board to annually review and audit the Infrastructure Fund?" MEASURE GG: ADVISORY VOTE ONLY. "Should the Utility Tax paid solely by an electric power plant be placed into an Infrastructure Fund to be used only for the maintenance, construction and repair of infrastructure such as storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, : bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, street lights, block walls along arterial highways and all public buildings and public ways?" MEASURE HH: "Shall the ordinance repealing the Gas Tax exclusion for electric power plants be adopted?" Res. No. 2002-20 SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measures are as listed in Exhibit"A"attached. SECTION 4. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on the measures relaxing to EE—Property Rights Protection Measure, FF—Creation of Infrastructure Fund, and GG—Advisory Vote Only. Infrastructure Fund. Power Plant Utility Tax did vote in favor and that the measures were carried, and shall be deemed adopted and ratified. SECTION 5. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on the measure relating to HH—Amendment of Gas Tax by Removing Electric Power Plant. Exclusion did not vote in favor and that the measure was not carried and shall not be deemed adopted and ratified. SECTION 6. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City, (2)The measures voted upon; (3) The number of votes given at each precinct for and against each measure; and(4)The total number of votes given for and against each measure. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON April 1 , 2002. APPROVED AS TO FORM: ,3- .6•a Z City Attorney Mayor INITIATED AND APPROVED: ATTEST: City Clerk City Clerk py-a�-a2 gJresolution/reso declaring results.doc Res No. 2002-20 Ex. A EXHIBIT A Res. No. 2002-20 Ex. A CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE ELECTION RETURNS STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) I, Rosalyn Lever, Registrar of Voters of Orange County, do hereby certify the following to be a full, true and correct Statement of the Vote for the election listed below, consolidated with the Primary Election held on March 5;2002. CITY OF HUNTINGTON BEACH MEASURE EE YES 27,513 NO 12,558 MEASUREFF YES 21,314 NO 15,667 MEASURE GG YES 21,327 NO 15,398 MEASURE HH YES 13,098 NO 24,974 PRECINCT BALLOTS CAST: 31,180 ABSENTEE BALLOTS CAST: 11,713 TOTAL BALLOTS CAST: 42,893 I hereby certify that the number of votes cast is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 25th day of March,2002. s ROSALYN LEVER REGISTRAR OF VOTERS Orange County • N N I�l N N j N N N N N N N N N N j N N_�iWNi i N_N N E N_j�j j�j N N j j�N N f j N N f;j N�j�f✓��N N N N N N N���N N N��N P V V O�tp�j //mJJ 1IPUU 1IWJJ IIJJ NO 10J IOJ b b b b b b pp V J V V J J j J OI OI OI Ill U I1 U O O XxTTi2X2TIIXTTIiSxTxxxxxx �xi�si�x'TTxTxTTixi=i r= :r xxXXXYTT2x 2x Ti x cxTi�TxxOx ccccccccccccccccccccccccccccccccccccccccccccccr__cccccccccccccccccccccc ZL 'L Z Z z z 7 Z Z L Z zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz w G)00010000G)D00000 G)000G1G)n 0 0 9 G)0 G)0 0 G .0 G 0 0 G)0- G)0 0 G)G/00 G)0 00- 00000000 00 G100 000 0 -/-1-1-1 -1 -1-1-1 -1-1-1-1-1- -1-1-1-/0 -1-01-1-1-1 -1-1-1-1-/-1-1-1-1-1 0000000000000000000000000000000000000000000Z2000Z00Z00000000000000000 zZZzZzzzzzzzzzzzzzzZZZZzZzZzzzzzzzzZZZZzzzz zzZzz --I �n N z z Z z z z z z z z z z z z Z z z 7 0 wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwMiD Wwwwwwwwwwwwwwwwwwwwwwww L, o 0000000000000000000000 000000000000000000000000 00 no f)00000000000000000 N 2 2 S S I S 2 12 2 T T 2 2 2 2 S 2 2 2 2 2 I 2 2 x S 2 S T 2 2 2 2 2 2 2 2 S S 2 2 2 S 2 2 2 S 2 2 2 2 S 2 2 S S T S S 2 2 S 2 T 2 2 S 2 N O �a O �t " N N A N Opp�1+IJp U t0+1 N {p{perJ� ttpppp �Ipp yy!� U Wp bWOJpp�tpp{�Wp NNtOp iU W (p/�WJ(p/� N�p ONpWf{p/� Registration OAPV A W U O N O w0A Opp W,V pp PNVN A N N J N 1W9 U N N Ballots Cast WV �Nf OI(ll N1+U,WV�Af Oo OI OI ro O 111+(+J N 10 d 1,Wn 0 a P.O!.P.10 P a m+ W P+01 N uNi+Yn+/NJ1 b 0 A T W V W+v N 0 Li A N A Yr N J A'OW1 O Ifl O m V W W r Turnout (%) fJ V f.!U U+A T 1.1 W V 1J W P O i0 P N t0 OI Ol P N+W OI AI U+b�l A IV t0 U P(J 01-+O P W+b W W OI i0 A+A V+ V 4. + + P. O W b CIO V tb+ EE-City of Hunt Beach O N N Properly Rights Protect ANNp p�N 10 W Np�e•wNo V p{/I pN el Np p NN 1pb 01 j A NO(.��J V 1N�OI O1 V 1p QpN 1pp(/�NN1,1 to 1/1Ntb V U O 10 N S S J W 4 O U U OD W OD N+-10 10 b 01 1D U V U U UI N N N l/1 O+m U A 01-+ . W V W 01 OI(11 OI A A W P U w N N V U Yoe 3 C) d rn No N W T O OPo O O W M m u W N OJo A W OUI OUI b Ob0 W N W+A V N A N lVll O+P N T V jl A In^!m N N 1U0 V W Obo O O+ Omo N W W b N A W T V O+1 b A O(.� N C N = N N '9 1 FF-Clly of Hunt Beach 3 > _ Create Infraslruct.Fund 3 u m Yes P., Q g m b t0 U J A O+ A W A P A U O U.D 1p O W P N OI 111 el ID+O A U O 10 Ou IO Of N U rn M W V+V V U IU Oo p O O QI W O b 10 O Oo P P OI N O.O.S O o x m z ^ -1 1p Nr� �1pp pp�1pp(/�((�l1 �p pp��oo pp pp 11�a w1� 11pp NN y1�t1 pp��pp pppp (/�pppp Qp ((�a ��pp .�11�Ipp pp pp pppp p�1N/1 01 p(x No •�,' ,_. 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W W V W OoN 01 V W W W V N — -N - p 9+ O Yes Z DJ m No a n 10 N A U V•O 0•U N O OVI J O W N U A lOn N OW1+•OV1 Ou N 100 OVi N I�i1 aD fV.1 N W d O{W0i1 1a W'10•N P V'10 Ol�+m A OA1 P W OD f)1 10 dV 1tl W 1�0 V W+1 m W 0 W O O OV•+1 IJ n C .:I N • O O N y FF•City of Hunt Beach D Create Inlraelruol.Fund m W o.1 ♦N +10 v oe + +U J S ' oJ AO NV 0VNVOWu V uOW 1p a0 p vi9N VN v o W vD!mo:9Oj8 Jp ; W1UuSpp8tiq2Yea 3 b x m m 9.q1�0N�JJ yy ��OO ��//11 p��1 y1.. yy po p .pp Qp;m.�1pp •IIpp: y'.• ��pp .N�e��pp,.ipq� 0011 ,:'NN :.NN pp Qp pyp pp��p p�p w�,,I pp U N p No U N tJ 01 V O eo W V N N m tJ W 0!n O P N m N W 01 01•tJT11 N+O O+�.+1 N 1+,0.0 V 1O W A'm Qi Vi 10 10 to O t0 N IJ 1D iR W++N ti P$ti m 01 19 p b O ny 7 O m to GG•City of Hunt Beach J NN J y J1 J J(J�J J J J yy p�pJ J VV J VV pp pp����pp �p pp yy Adv.InfraaVU1111ty Tax 1+0 A8tb01.+0 to P M Ooi7toN+lU w V OV1J W P 1N/1N�N W NN AN ljulo•AWJNJb POo A/00+Ib/1+101000+A W P+N V S V 1V0+tO91pe Yea pp pw VV •.��//11 y m♦105 P Utp . V " 1 1 pOW No 1 + M a T y 8p OTN+ U ON mmQp Qp W WW NV p R to V m+ Nil-City of Hunt Beach 0taO�Vp°�l+ A�1 1110tn1 Npui' pA mpp11(��1 pp(y mpt°p tbplb1 mAON+�UppO11 JJ q01 AmandmonllU11111y Tax yen8;bt 9t 13 V V T9 q my V NtV 1AU W A W V yym 0py0 V PWy0A 1y m w 0. w00 V ONv o No 1 -�4 'V J0 b VNA1vK 0V u vNip n a m SON A A p Wm Mtn VNO• Wm(eONV W w0 (p on (/f p o z u p N 9S N .. 1 N >O O1 y N U P P P P P P -i I22S2 i (7 z z z 08 Z 2 pp 2 2 2 O N mameom 7 0 n 5 5 n 2 N IIS2 N N O r N V N A $ P e Registrallon N !i Ballots Cast o t2 U A IA l?is Turnout (%) a, �. ie marnNP EE•Clly of Hunt Beach O a Property Rights Protect. __p Yet 3 m m u No n u°SnPiT8 vac N O N /n T -1 FF-City of Hunt Beach D !' Create Infrulrucl.Fund o3i m Yes 3 x m z o -t N0• O o n e 7 O< m N GO-City of Hunt Beach p Adv.InfrastlUllllly Tax Yee 7K � m id�vo~il� No HH•Chy of Hunt Beach g AmendmenUU11111y Tax >ooi's� Yes m fN a m No A a10 (a z e O o . o N u O O t=1 N • N O 9 Res. No. 2002-20 STATE OF CALIFORNIA ) COUNTY OF ORANGE . ) ss: CITY OF HUNTINGTON BEACH . ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 1st day of April, 2002 by the following vote: AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio derk of they City Council of the City of Huntington Beach, California The foregoing kv&wned is a oonvd copy of the oeginai on tie in this oftloe. az. Attest 20 Y ,a��.of} Clerk of the Council o he Huntington Beach, CatlwnkL BY Deputy CITY OF HUNTINGTON BEACH MEETING DATE: September 16, 2002 DEPARTMENT ID NUMBER:CK2002-11 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 1WEP City Clerk' ignature Council Meeting Date: September 16, 2002 Department ID Number: CK2002-11 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION per_ SUBMITTED TO: HONORABLE MAYOR AND COU NCI LM EMBERS ' SUBMITTED BY: RAY SILVER, City Administrator CONNIE BROCKWAY, City Clerk ' PREPARED BY: CONNIE BROCKWAY, City Clerk SUBJECT: PAYMENT TO COUNTY OF ORANGE FOR MARCH 2O02 SPECIAL MUNICIPAL ELECTION AND FOR VERIFICATION OF SIGNATURES ON PROPERTY RIGHTS PROTECTION MEASURE PETITION Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City of Huntington Beach has been billed by the County of Orange for: (1) County services and supplies for the March 5, 2002 Special Municipal election at which time there were four measures on the ballot; and for (2) Verification by the Registrar of Voters of signatures on the charter amendment petition (Property Rights Protection Measure EE) which was one of the four measures on the ballot. Funding Source: Unappropriated, Undesignated General Fund Balance — Account No. 100.31100.1999 Recommended Action: Authorize appropriation and payment to the County of Orange in the amount of$45,814 for signature verification (Property Rights Protection Measure EE) and payment in the amount of $87,717.95 to the County of Orange for services and supplies relating to the Huntington Beach March 5, 2002 Special Municipal Election consolidated with the Statewide Primary Election. r� Alternative Action(s): Not Applicable G:\RCA'S\2002rca\ck2002-11 payment 3-5-02.DOT -21-P 9/11/2002 12:56 PM P REQUEST FOR COUNT ACTION MEETING ®ATE: September 16, 2002 DEPARTMENT I® NUMBER:CK2002-11 Analysis: On October 15, 2001 the City Council adopted Resolution No. 2001-80 requesting the Board of Supervisors to approve consolidation of a Special Municipal Election with the March 5, 2002 Statewide Primary Election and promising payment for services and supplies for the city's share of election costs. The cost for verification of signatures on a petition (charter amendment — Measure EE Property Rights Protection) was borne by the city pursuant to the State Elections Code. The verification of signatures on the charter amendment petition was conducted by the Registrar of Voters at the request of the City Clerk. The City Clerk is authorized to incur these bills from the county pursuant to the Elections Code, and the City Council resolution requesting the consolidation of the municipal election with the county. City Council Adopted Policy Regarding Mid-Year Appropriation Requests from the General Fund: As adopted by the City Council in March 1998, all requests for the mid-year appropriation of General Funds must meet one of the following criteria: 1) The request is for an unanticipated emergency, 2) The request is required to implement labor negotiations, or 3) The request will be offset by related new revenues. This request meets criterion 1 because the City Council called a special municipal election that had not been anticipated or budgeted. Environmental Status: Not applicable. Attachment(s): , o - o -r W6. Q ptjs 1. County of Orange Bill for March 5, 2002 Special Municipal Election - $87,717.95. 2. County of Orange Bill for verification of signatures — Property Rights Protection Measure Petition - $45,814.00. 3. Resolution No. 2001-80 adopted 10/15/2001 requesting Board of Supervisors to consolidate election. 4. State of California Elections Code Section 9114. 5. Fiscal Impact Statement RCA Author: C. Brockway G:\RCA'S\2002rca\ck2002-11 payment 3-5-02.DOT 9/11/2002 12:56 PM ATTACHMENT - 1 COUNTY OF ®RANGE INVOICE NO. 2 18 8 8 6 AUDITOR—CONTROLLER SOLD TO P.O.BOX 567 SANTA ANA,CALIFORNIA 92702 DATE July 24, 2002 NAME City of Huntington Beach REFERENCE THIS NUMBER ADDRESS P 0 Box 190 ON YOUR REMITTANCES Huntington Beach, CA 92648 FOR PROPER CREDIT. Attn: Connie Brockway PHONE Ss.# ACCOUNTING CODE REV SUB JOB REPT B/S SUB FND AGY ORG ACTV SOURCE REV NUMBER CATG ACCT OBJ OBJ AMOUNT PUT "J�' IN THE BOXIF 100 031 433 RE02 7340 03 GV111 V099 $87,717.95 GOVERNMENT AGENCY P.O. THIS INVOICE PREPARED BY: Cherry Del Campo PHONE# (714) 567-7422 QUANTI'I'Y DESCRIPTION PRICE AMOUNT Billing for Registrar of Voters services/supplies relating to the Primary Election conducted on March 5, 2002. Ballots/Sample Ballots $32,363.61 Pollling Place Operations 17,512.96 Postage 3,833.82 Other Services and Supplies 1,258.30 Labor 29,887.59 Filler Page 2,861.67 TOTAL DUE: $87,717.95 PLEASE RETURN BLUE COPY OF INVOICE WITH YOUR REMITTANCE. PERSONAL CHECKS MUST BE IMPRINTED WITH -NAME,ADDRESS AND TELEPHONE NUMBER. DRIVERS LICENSE AND SOCIAL SECURITY NUMBERS ARE ALSO REQUESTED. 003-F8500-5(8/93) WHITE-ORIGINAL;BLUE-CUSTOMER'S RETURN COPY;PINK-AUDITOR-CONTROLLER COLLECTIONS ACCOUNTING;GOLD-DEPT.FILE ', l ATTACHMENT 2 COUNTY OF ®RANGE INVOICE No. 218897 r AUDITOR-CONTROLLER SOLD TO P.O.BOX 567 SANTA ANA,CALIFORNIA 92702 DATE July 30, 2002 NAME City of Huntington Beach REFERENCE THIS NUMBER ADDRESS P 0 Box 190 ON YOUR REMITTANCES Huntington Beach, CA 92648 FOR PROPER CREDIT. Attn: Connie Brockway PHONE SS.# ACCOUNTING CODE FND AGY ORG ACTV REV SUB JOB REPT BJS OBJ SUB AMOUNT ® PUr"XI SOURCE REV NUMBER CATG ACCT OBJ IN THE Box IF 100 031 440 RE03 7340 02 GV430 V099 $45,814.00 GOVERNMENT AGENCY P.O. THIS INVOICE PREPARED BY: Cherry Del Campo PHONE# (714)E67-7422 QUANTITY DESCRIPTION PRICE AMOUNT Billing for Registrar of Voters services: 22,907 Signature Verification (Property Rights Protection $2.00 $45,814.00 Measure) TOTAL DUE: $45,814.00 PLEASE RETURN. BLUE COPY OF INVOICE WITH YOUR REMITTANCE. PERSONAL CHECKS MUST BE IMPRINTED WITH -NAME,ADDRESS AND TELEPHONE NUMBER. DRIVERS LICENSE AND SOCIAL SECURITY NUMBERS ARE ALSO REQUESTED. 003-F8500-5(8/93) WHITE-ORIGINAL;BLUE-CUSTOMER'S RETURN COPY;PINK-AUDITOR-CONTROLLER COLLECTIONS ACCOUNTING;GOLD-DEPT.FILE ATTACHMENT S Fxcer?T From &.S . jj(9 , 900/.- Res. No. 2001-80 000 SECTION 3. That the county election department is authorized to canvass the returns of the Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. .. SECTION 5. That the City of Huntington Beach recognizes that additional costs will be incurred by the County of Orange by reason of this consolidation and agrees to reimburse the County for such additional costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of October 2001. Mayor ATTEST: APPROVED AS TO FORM: cJ 'l/`f1� Ko� o of City Clerk le .a J 'City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City A ministrator City Clerk reso/election consolidation-2002 CA 10-15-01 3 ATTACHMENT 4 9111. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS Chapter 2.County Elections 9116. ciency of the petition. a new petition on the same subject,at a later date. (Amended by Stats.2000,c.496,§1.) If the petition is found sufficient, the elections official shall certify the 9112. Report on county initiatives submitted to Secretary of State;time. results of the examination to the board of supervisors at the next regular On or before April 1 of each odd-numbered year,the county elections meeting of the board. official of each county shall file a report with the Secretary of State containing (Added by Stats. 1994,c.920,§2.) the following information: 9115. Sample examination of signatures. (a)The number of county initiative petitions circulated during the pre- (a)Within 30 days from the date of filing of the petition,excluding Satur- ceding two calendar years that did not qualify for the ballot,and.the number days,Sundays,and holidays,if,from the examination of petitions pursuant of these proposed initiatives for which reports were prepared pursuant to to Section 9114 shows that more than 500 signatures have been signed on the Section 9111. petition,the elections official may use a random sampling technique for veri- (b)With respect to county initiative measures that qualified for the ballot fication of signatures.The random sample of signatures to be verified shall be in the preceding two calendar years,the number that were approved by the drawn so that every signature filed with the elections official shallbe given an voters,and the number of these ballot measures for which reports were pre- equal opportunity to be included in the sample The random sampling shall pared pursuant to Section 9111. include an examination of at least 500,or 3 percent of the signatures,which- (c)With respect to county initiative measures that qualified for the ballot ever is greater. in the preceding two calendar years,the number which were not approved (b)If the statistical sampling shows that the number of valid signatures is by the voters, and the number of these ballot measures for which reports within 95 to 110 percent of the number of signatures of qualified voters were prepared pursuant to Section 9111, needed to declare the petition sufficient,the elections official shall,within 60 (Added by Stats. 1994,c. 920,§2.) days from the date of the filing of the petition,excluding Saturdays,Sundays, 9113. Filing of petition. and holidays,examine and verify each signature filed. The petition shall be filed by the proponents,or by any person or persons (c)In determining from the records of registration,what number of valid authorized in writing by the proponents.All sections of the petition shall be signatures are signed on the petition,the elections official may use the dupli- filed at one time.Any sections of the petition not so filed shall be void for all cate file of affidavits maintained,or may check the signatures against facsimi- purposes.Once filed,no petition section shall be amended except by order of les of voters' signatures, provided that the method of preparing and a court of competent jurisdiction. displaying the facsimiles complies with law. When the petition is filed,the county elections official shall determine (d)The elections official shall attach to the petition,a certificate showing the total number of signatures affixed to the petition.If,from this examina- the result of this examination,and shall notify the proponents of either the tion,the county elections official determines that the number of signatures, sufficiency or insufficiency of the petition. prima facie, equals or is in excess of the minimum number of signatures (e)If the petition is found insufficient,no action shall be taken on the peti- required, the county elections official shall examine the petition in accor- tion.However,the failure to secure sufficient signatures shall not preclude dance with Section 9114 or 9115.If,from this examination,the county elec- the filing later of an entirely new petition to the same effect. tions official determines that the number of signatures,prima facie,does not equal or exceed the minitiltun number of signatures required, no further (f)if tile Petition is found to be sufficient,the elections official shall certify action shall be taken. the results of the examination to the board of supervisors at the next regular (Added by Stats. 1994,c.920,§2.) meeting of the board. ; (Amended by Stats.2001,c. 70,§1.) 9114. Examination of signatures. Except as provided in Section 9115,within 30 days from the date of filing 9116. Initiative petition signatures;pass ordinance or call special of the petition, excluding Saturdays, Sundays, and holidays, the elections election. official shall examine the petition,and from the records of registration ascer- If the initiative petition is signed by voters not less in number than 20 per- tain whether or not the petition is signed by the requisite number of voters.A cent of the entire vote cast within the county for all candidates for Governor certificate showing the results of this examination shall be attached to the at the last gubernatorial election preceding the publication of the notice of petition. intention to circulate an initiative petition,and contains a request that the In determining the number of valid signatures,the elections official may ordinance be submitted immediately to a vote of the people at a special elec- use the duplicate file of affidavits maintained,or may check the signatures tion,the board of supervisors shall do one of the following: against facsimiles of voters'signatures,provided that the method of prepar- (a)Adopt the ordinance without alteration either at the regular meeting ing and displaying the facsimiles complies with law. at which the certification of the petition is presented,or within 10 days after it The elections official shall notify the proponents of the petition as to the is presented. sufficiency or insufficiency of the petition. (b)Immediately call a special election pursuant to subdivision(a)of Sec- If the petition is found insufficient,no further action shall be taken.How- tion 1405,at which the ordinance,without alteration,shall be submitted to a ever,the failure to secure sufficient signatures,shall not preclude the filing of vote of the voters of the county. 2002 240 241 2002 ATTACHMENT 5 0 t CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: Clay Martin, Director of Administrative Services Subject: FIS 2002-37 Payment to County of Orange for March, 2002 Special Municipal Election for Verification of Signatures on Property rights Protection Measure Petition Date: September 11, 2002 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Payment to County of Orange for March, 2002 Special Municipal Election for Verification of Signatures on Property rights Protection Measure Petition". If the City Council approves this request (total appropriation $102,532), the estimated undesignated, unreserved General Fund Balance at September 30, 2002 will be reduced to $5,796,112. Clay Ma Directo f Administrative Services .................................................... ........................ ........... ......................................................... .............................. ....................................................................................... ................................................................................................................................................................................................................................................................................... ........... .. ..................A..................................................................................... ud Sal' � G. enere d eda e...................G.........u......r......r....o.......... .. ..............;.........s......t......s...i...n.........a......t...e... ... .. Beginning Fund Balance 10/1/20001 $ 11,741,000 $ 11,741,000 Plus:Estimated Revenue 133,663,000 132,883,000 Less:Estimated Expenditures 134,813,000) 135,727,000) Fiscal Policy-Transfer to Capital Projects Fund 1,043,500) Pending/Approved FIS's: 1,954,856) FIS#37 (102,532) Estimated 9/30/2002 Unreserved Balance $ 10,591,000 $ 5,796,112 General Fund Balance 2001-02 12000000IN 10000000 ' \ 8000000 6000000 4000000 .. 2000000 r 0 ADOPTED CURRENT BUDGET ESTIMATE RCA ROUTING SHEET INITIATING DEPARTMENT: City Clerk's Office SUBJECT: Payment to County of Orange for March 2002 Special Municipal Election and for Verification of Signatures on Property Rights Protection Measure Petition COUNCIL MEETING DATE: September 16, 2002 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) N 1A Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) "A" Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator Initial City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: v a a �:Z IF c 1,lep V ,, �� Space RCA Author: C. Brockway Council/Agency Meeting Held: 0-0-0 a 2 Deferred/Continued to: Approved , ❑ Conditionally Approved ❑ Denied elty Cler 's Signature n . T i Council Meting Date: 4/1/2002 Department ID Number: CK2002-08 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Connie Brockway, City Clerk PREPARED BY: Connie Brockway, City Clerk G.5 SUBJECT: Adopt.Resolution No. 2002-20 Reciting the Facts of the Special r Municipal Election and Declaring Results — March 5, 2002 Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Resolution No. 2002-20 recites the facts of the Special Municipal Election held in Huntington Beach on the 5th day of March, 2002, declaring the results thereof and such other matters as provided by provisions of the City Charter and the Elections Code of the State of California. Funding Source: Election Program Account. Recommended Action: Motion to: Adopt Resolution No. 2000-20 — `A Resolution of the City Council of the City of Huntington Beach, California, Reciting the Fact of the Special Municipal Election Held on March 5, 2002 Consolidated with the County of Orange Declaring the Results and Such Other Matters as Provided by Law." Alternative Action(s): Not Applicable. C;; c REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 4/1/2002 DEPARTMENT ID NUMBER:CK2002-08 Analysis: The March 5, 2002 Special Municipal Election showed a 39.75% overall turnout. The total number of registered voters was 107,902. Environmental Status: Not Applicable. Attachment(s): . o - NuMbLir No. ® - 1. Resolution No. 2002-20 with Exhibits - Certificate of Registrar of Voters to Results of the Canvass of the Special Election Returns and Orange County Statement of Votes. RCA Author: Brockway Declaring Election Results.dot -2- 03/27/02 11:13 AM RESOLUTION NO. 2002-20 A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 5, 2002, CONSOLIDATED WITH THE COUNTY OF ORANGE DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Huntington Beach, California, on Tuesday, March 5, 2002, as required by law; and WHEREAS,notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast,received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the charter; and WHEREAS,pursuant to Resolution No. 2001-80 adopted on October 15, 2001, the County Election Department canvassed the returns of the election and has certified the results to the City Council, the results are received, attached and made a part hereof as Exhibit"A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts 31,180. That the whole number of absent voter ballots cast in the City was 11,713,making a total of 42,893 ballots cast in the City. SECTION 2. That the measures voted upon at the election are as follows: MEASURE EE: "Shall the Charter of the City of Huntington Beach be amended by adding a new section thereto providing that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example, by the adoption of a rent control ordinance)?" MEASURE FF: "Shall the Huntington Beach Charter be amended to establish an 'Infrastructure Fund' with all infrastructure revenues raised, and accrued interest, directed into the Fund; prohibiting the transfer or loan of Fund monies; requiring that General Fund expenditures for infrastructure not be reduced below 15% of General Fund revenues based on a five-year rolling average; and requiring that City Council designate an advisory board to annually review and audit the Infrastructure Fund?" MEASURE GG: ADVISORY VOTE ONLY. "Should the Utility Tax paid solely by an electric power plant be placed into an Infrastructure Fund to be used only for the maintenance, construction and repair of infrastructure such as storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, street lights, block walls along arterial highways and all public buildings and public ways?" MEASURE HH: "Shall the ordinance repealing the Gas Tax exclusion for electric power plants be adopted?" Res. No. 2.002-20 SECTION 3. That the number of votes given at each precinct and the number of votes given in the City for and against the measures are as listed in Exhibit"A" attached. SECTION 4. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on the measures relating to EE—Property Rights Protection Measure, FF—Creation of Infrastructure Fund, and GG—Advisory Vote Only. Infrastructure Fund. Power Plant Utility Tax did vote in favor and that the measures were carried, and shall be deemed adopted and ratified. SECTION 5. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on the measure relating to HH—Amendment of Gas Tax by Removing Electric Power Plant Exclusion did not vote in favor and that the measure was not carried and shall not be deemed adopted and ratified. SECTION 6. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2)The measures voted upon; (3) The number of votes given at each precinct for and against each measure; and(4) The total number of votes given for and against each measure. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON April 1 , 2002. APPROVED AS TO FORM: ,3- -4)2-City Attorney Mayor INITIATED AND APPROVED: ATTEST: City Clerk City Clerk 04 glresolubon/reso declaring results.doc Res. No. 2002-20 Ex. A EXH I IT A Res. No. 2002-20 Ex. A CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT OF THE CANVASS OF THE ELECTION RETURNS STATE OF CALIFORNIA) )ss. COUNTY OF ORANGE ) I, Rosalyn Lever; Registrar of Voters of Orange County, do hereby certify the following to be a full,true and correct Statement of the Vote for the election listed below, consolidated with the Primary Election held on March 5,2002. CITY OF HUNTINGTON BEACH MEASURE EE YES 27,513 NO 12,558 MEASURE FF YES 21,314 NO 15,667 MEASURE GG YES 21,327 NO 15,398 MEASURE HH YES 13,098 NO 24,974 PRECINCT BALLOTS CAST: 31,180 ABSENTEE BALLOTS CAST: 11,713 TOTAL BALLOTS CAST: 42,893 I hereby certify that the number of votes cast is as set forth above and appears in the Certified Statement of the Vote. WITNESS my hand and Official Seal this 25th day of March,2002. ROSALYN LEVER REGISTRAR OF VOTERS .ti,f Orange County Res. No. 2002-20 3/22/2002 17:24 ORANGE COUNTY STATEMENT OF VOTES 797 of 803 EX. A March 5,2002 March 5,2002 Primary Election 174 City of Huntirgton Beach � r o ryLL uF nF' m d 00 T T m m m U C= ©_ � C O 7 N $ W d `o c �,.. E z LL � Y z C�� > z° = EY z° w a LL V ¢ _ 32100HUNTINGTON BCH 592 113 19.1 41 63 50 - 41 48 42 31 65 I32101HUNTINGTONBCH 542 118 21.8 82 20 40 42 41 ,40 34 57 32102HUNTINGTON BCH 509 192 37.7 125 54 104 50 96 60 65 94 32103HUNTINGTON BCH - 839 116 13.8 57- 49 56 44 54 46 39 63 32106HUNTINGTON BCH 702 166 23.6 88 61 86 55 76 62 43 100 32109HUNTINGTON BCH 707 797 27.9 132 40 92 56 96 - 57 66 102 32110HUNTINGTON BCH 696 197 28.3 125 - 47 91 68 90 67 51 109 32141HUNTINGTON BCH 952 286 30.0 224 36 158 88 147 98 97 151 32142HUNTINGTON BCH 815 243 29.8 153 63 116 83 99 98 66 141 32143HUNTINGTON BCH 507 205 40.4 104 64 74 83 67 86 43 122 32144HUNTINGTON BCH 675 244 36.1 194 32 114 79 100 91 63 143 32145HUNTINGTON BCH 916 312 34.1 226 59 168 97 151 105 108 167 32146FUNTINGTON BCH 933 257 27.5 185 63 130 98 135 94 73 165 �32147HUNTINGTON BCH 501 211 42.1 96 93 89 72 94 74 53 126 32149HUNTINGTON BCH 756 255 33.7 176 62 119 101 124 96 80 146 32150HUNTINGTON BCH 838 286 34.1 213 56 131 116 138 109 86 170 32151HUNTINGTON BCH 477 201 42.1 117 68 80 91 78 90 33 147 - 32152HUNTINGTON BCH 951 140 14.7 83 49 73 49 67 53 57 67 32153HUNTINGTON BCH 653 231 35.4 164 51 106 87 - 106 83 81 121 32154HUNTINGTON BCH 725 1 0.1 1 0 0 1 0 - 1 1 0 32155HUNTINGTON BCH 647 255 39.4 166 60 - 110 101 - - 118 91 73 149 32157HUNTINGTON BCH 791 300 37.9 214 68 130 125 126 127 69 191 32158HUNTINGTON BCH 721 228 31.6 165 43 98 95 99 95 65 134 32159HUNTINGTON BCH 821 306 37.3 226 67 149 108 142 112 81 181 32160HUNTINGTON BCH 984 136 13.8 71 59 " 65 59 74 47 - 37 - 89 32161HUNTINGTON BCH 907 208 22.9 110 79 107 73 105 75 69 114 32162HUNTINGTON BCH 482 174 36.1 115 52 77 82 78 82 40 125 32163HUNTINGTON BCH 545 187 34.3 -132 48 - 91 - 76 - 85 80 - 57 110 -32165HUNTINGTON BCH 1004- 305 30.4 202 77 157 100 147 108 - 100 153 32166HUNTINGTON BCH 693 201 29.0 127 65 93 86 88 94 61 125 32167HUNTINGTON BCH 658 165 25.1 85 74 94 53 80 64 53 96 32169HUNTINGTON BCH 907 196 21.6 125 61 116 55 105 66 71 106 32170HUNTlNGTON BCH 601 - 212 35.3 - 145 57 95 - - 89 97- - _. 88 66 124 32171HUNTINGTON BCH 913 195 21.4 121 61 82 - 92 89 82 56 119 32173HUNTINGTON BCH 1012 258 25.5 167 72 128 85 122 91 100 123 32174HUNTINGTON BCH 878 289 32.9 95 174 109 135 105 137 50 193 32175HUNTINGTON BCH 820 - 297 362 199 71 138 120 - - 127 124 115 148 32176HUNTINGTON BCH 907 285 -31.4 226 50 149 97 _ - 136 - 113 92 161 32177HUNTINGTON BCH 912 225 .- 24.7 - 129 75 100 - 78 98 80 - 64 123 . 32178HUNTINGTON BCH 693 96 13.9 40 51 45 41 42 42 22 61 - 32179HUNTINGTON BCH 899 271 30.1 209 54 134 105 148 93 93 160 32180HUNTINGTON BCH 855 269 31.5 169 92 110 134 100 139 81 166 32182HUNTINGTON BCH 645 292 --34.6 201 77 111 155 121 -139 - 69 195 32164HUNTINGTON BCH 806 255 31.6 155 84 109 109 119 103 55 167 32186HUNTINGTON BCH 857 230 26.8 148 71 96 105 111 94 _ 65 142 _ 32188HUNTINGTON BCH 878 264 30.1 173 83 125 114 121 118 60 181 32190HUNTINGTON BCH 596 162 27.2 108 42 66 71 64 70 36 104 32191HUNTINGTON BCH 725 242 33.4 125 103 112 95 113 97 64 154 32193HUNTINGTON BCH 744 244 32.8 165 68 114 105 108 109 56 168 321964HUNTINGTON BCH 836 189 22.6 81 89 93 64 93 65 61 103 32195HUNTINGTON BCH 943 235 24.9 160 56 110 90 110 91 69 141 32196HUNTlNGTON BCH 916 167 182 84 56 89 49 80 54 49 94 32197HUNTINGTON BCH 906 221 24.4 133 73 99 101 107 87 69 133 32198HUNTINGTON BCH 550 214 38.9 147 54 125 71 120 73 67 124 32200HUNTINGTON BCH 918 285 31.0 183 78 140 107 133 111 99 153 32204HUNTINGTON BCH 503 143 28.4 88 45 65 57 65 52 31 95 32205HUNTINGTON BCH 424 120 28.3 72 43 54 54 57 52 27 86 32207HUNTINGTON BCH 907 220 24.3 119 91 94 96 112 78 64 125 32208HUNTINGTON BCH 1024 3D4 29.7 230 45 144 106 135 108 93 167 32209HUNTINGTON BCH 694 231 33.3 - 175 38 103 96 105 89 - 58 146 32232HUNTINGTON BCH 800 - 202 25.3 127 68 - 104 79 102 79 _ 62 123 a2247HUNTINGTON BCH 880 357 40.5 236 93 191 120 189 120 - 116 199 _ - M65HUNTINGTON BCH 732 193 26.4 134 50 80 91 82 85 35 139 32266HUNTINGTON BCH 742 283 38.1 197 . 60 134 117 127 110 99 150 32267HUNTINGTON BCH 611 188 30.8 122 48 87 72 95 60 61 105 32269HUNTINGTON BCH 659 234 35.5 163 50 125 74 110 91 76 129 32270HUNTINGTON BCH 775 297 38.3 206 76 129 131 131 128 87 181 32278HUNTINGTON BCH 679 66 9.7 24 31 39 16 41 15 21 42 32280HUNTINGTON BCH 551 233 42.3 47 182 98 95 102 98 55 154 Res. No. 2002-20 3/22/2002 17:24 ORANGE COUNTY STATEMENT OF VOTES 798 of 303 EX' A March 5,2002 March 5,2002 Primary Election City of Huntington Beach ?3 f i m m m o �ti of er o m to >, �. OZ to 7 O a O C O C LW F m m m a V C m ? m V 32282HUNTINGTON BCH 916 277 30.2 177 92 138 10D 135 111 66 190 32233HUNTINGTON BCH 812 261 32.1 168 81 113 120 119 116 77 160 32285HUNTINGTON BCH 588 232 39.5 147 78 111 10 104 107 60 159 32286HUNTINGTON BCH 837 151 18.0 6, 70 62 56 69 55 35 100 32287HUNTINGTON BCH 947 241 25.4 166 56 129 78 115 86 72 143 32289HUNTINGTON BCH 389 147 37.8 109 30 90 43 79 44 48 85 32293HUNTINGTON BCH 644 202 31A 130 66 103 82 92 87 69 121 32295HUNTINGTON BCH 888 276 31.1 168 83 109 130 107 132 68 172 32300HUNTINGTON BCH 263 90 34.2 60 26 40 44 40 42 18 68 32301HUNTINGTON BCH 897 285 31.8 200 61 121 121 127 111 88 164 32302HUNTINGTON BCH 670 252 37.6 167 63 123 92 125 87 86 140 32303HUNTINGTON BCH 734 267 36.4 192 67 115 121 111 123 69 179 32305HUNTINGTON BCH 866 302 34.9 192 89 139 122 124 136 89 182 32306HUNTINGTON BCH 830 272 328 178 83 134 113 132 118 87 173 32307HUNTINGTON BCH 839 229 27.3 138 79 105 95 94 103 56 150 32308HUNTINGTON BCH 754 265 35.1 175 78 121 109 121 113 66 173 32309HUNTINGTON BCH 778 227 29.2 153 65 - 95 103 90 106 47 159 32312HUNTINGTON BCH 504 136 27.0 22 106 58 65 60 63 32 92 �32319HUNTINGTON BCH 932 269 28.9 133 118 104 121 109 113 65 161 I32320HUNTINGTON BCH 713 197 27.6 128 53 78 189 79 86 45 134 32321HUNTINGTON BCH 535 - 214 40.0 161 -44 - 114 80 112 85 64 136 32323HUNTINGTON BCH 934 224 24.0 160 46 96 85 95 81 52 133 32324HUNTINGTON BCH 990 274 27.7 166 94 120 119 117 128 55 191 32325HUNTINGTON BCH 815 2B3 34.7 181 88 119 129 120 126 59 198 32328HUNTINGTON BCH 534 186 34.8 123 51 82 71 79 75 59 102 32329HUNTINGTON BCH 793 290 37.0 215 68 138 126 147 114 74 197 32333HUNTINGTON BCH 949 248 26.1 120 119 105 _ 118 108 111 59 155 32335HUNTINGTON BCH 893 176 - 19.7 75 67 69 54 64 62 41 98 32337HUNTINGTON BCH 793 201 25.3 95 94 81 83 91 76 67 104 32338HUNTINGTON BCH 908 230 25.3 131 72 114 69 122 61 79 107 32340HUNTINGTON BCH - 492 - 146 - 29.7 - 91 39 79 47 -- 72 51 - .49 78 32341 HUNTINGTON BCH 936 250- -26.7 - 170 63 - 131 -.90 12a 90 97 12.2 32343HUNTINGTON BCH B81 335 .: 38.0 _ 238 69 170 120 183 102 121 169 32345HUNTINGTON BCH 689 232 33.7 162 55 105 91 114 88 74 133 32346HUNTINGTON BCH 589 231 39.2 157 58 108 92 118 77 68 134 32347HUNTINGTON BCH 577 206 35.7 131 53 115 61 115 61 70 108 32348HUNTINGTON BCH 605 193 - 31.9 130 51 86 79 91 69 55 115 32349HUNTINGTON BCH 765 291 38.0 206 52 136 .107 148 92 79 167 32351HUNTINGTON BCH 854 238 ..27.9 _ 160 73 127 90 132 85 54 171 32352HUNTINGTON BCH 935 267 28.6 122 128 107 110 114 106 63 169 32354HUNTINGTON BCH 809 321 39.7 209 85 170 112 172 107 124 164 32355HUNTINGTON BCH 706 254 36.0 187 52 126 92 132 83 97 130 32356HUNTINGTON BCH 634 182 28.7 95 76 75 85 93 69 50 116 32358HUNTINGTON BCH 905 226 25.0 125 89 114 86 115 80 69 134 32361HUNTINGTON BCH 685 150 16.9 70 65 77 46 81 43 40 88 32362HUNTINGTON BCH 179 42 23.5 32 8 24 13 22 17 16 21 32365HUNTINGTON BCH 911 271 29.7 182 76 138 102 125 110 72 164 32366HUNTINGTON BCH 799 253 31.7 161 81 118 108 114 106 _ 57 174 32367HUNTINGTON BCH 753 159 21.1 118 36 74 T2 73 73 33 11 32369HUNTINGTON BCH 762 196 25.7 119 72 100 74 104 67 46 128 32370HUNTINGTON BCH 803 141 17.6 54 85 59 - 70 76 53 23 106 32371HUNTINGTON BCH 728 175 24.0 115 54 102 56 97 60 65 99 32375HUNTINGTON BCH 835 293 35.1 206 65 143 110 133 116 94 166 32376HUNTINGTON BCH 821 151 18.4 88 52 80 53 75 57 53 85 32378HUNTINGTON BCH 984 158 16.1 90 53 70 62 61 70 49 85 32379HUNTINGTON BCH 734 169 23.0 107 50 91 56 75 71 52 99 32383HUNTINGTON BCH 938 141 15.0 T7 57 67 52 59 60 37 82 32385HUNTINGTON BCH 762 131 17.2 46 76 59 52 50 61 30 87 32388HUNTINGTON BCH 483 164 34.0 112 50 95 - 57 88 59 56 - 93 32390HUNTINGTON BCH 685 254 37.1 183 62 110 113 114 109 67 167 32392HUNTINGTON BCH B51 323 38.0 728 85 176 118 174 121 96 204 32393HUNTINGTON BCH 904 299 33.1 - 110 168 122 130 136 115 - 84 179 32395HUNTINGTON BCH 593 100 16.9 45 50 41 46 44 39 27 64 32398HUNTINGTON BCH 993 185 18.6 105 71 87 77 91 75 47 122 32399HUNTINGTON BCH 321 136 42.4 76 45 57 56 60 54 53 64 32400HUNTINGTON BCH 833 165 19.8 68 84 75 62 88 48 49 97 32401 HUNTINGTON BCH 735 219 29.8 160 34 92 92 100 79 56 129 32408HUNTINGTON BCH 929 95 10.2 46 42 40 41 34 44 25 59 32411HUNTINGTONBCH 513 182 35.5 127 49 88 75 91 68 46 117 Res. No. 2002-20 3/22/2002 17:24 ORANGE COUNTY STATEMENT OF VOTES 799 of 803 EX. A March 5,2002 March 5,2002 Primary Election City of Huntin�.on Beach 74 t o t u x t # o 2 mti mF mt.- an d oocoo u c m a Cca i N 7 C T O C C W O O U �a+ r U— a �• o it ID z►� uiQY ate} z t! o> z = E> z wa tiU t7Q xQ 32412HUNTINGTON BCH 935 368 39.4 238 100 192 1 1 129 133 194 32413HUNTINGTON BCH 859 225 262 149 54 103 88 111 76 77 115 32414HUNTINGTON BCH 499 182 36.5 131 42 69 95 76 87 49 120 32415HUNTINGTON BCH 570 277 48.6 191 67 153 95 155 94 110 139 32416HUNTINGTON BCH 842 200 23.8 125 63 98 75 97 79 58 122 Precinct Totals 108188 31180 28.8 19659 9420 14665 12204 14571 12116 9011 1863 Absentee Totals 108188 11713 10.81 MA 3138 V19 6756 3282 4087 6339 Grand Totals 108188 42893 39.6 2751 12558 21314 15667 1 21 15398 13098 24974 Res. No. 2002-20 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 1st day of April, 2002 by the following vote: AYES: Green, Dettloff, Bauer, Cook, Houchen, Winchell, Boardman NOES: None ABSENT: None ABSTAIN: None City Clerk and ex-officio Cferk of the City Council of the City of Huntington Beach, California ROSALYN LEVER ® Registrar of Voters ® J+ Mailing Address: ' P.O. Box 11298 Santa Ana, California 92711 at REGISTRATION & ELECTIONS DEPARTMENT 1300 South Grand Avenue, Bldg. C Santa Ana, California 92705 (714) 567-7600 TDD (714) 567-7608 FAX (714) 567-7627 www.oc.ca.gov/election March 26, 2002 Connie Brockway City Clerk City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Dear Ms. Brockway: We are enclosing the certification of the statement of the votes cast and a copy of the abstract for the municipal election for the City of Huntington Beach, held in consolidation with the Primary Election, on March 5, 2002. If you have any questions, please contact me at (714) 567-7567. Very truly yours, Suzanne lupsky Assistant Registrar of Voters Enc. CA ROUTING SHE INITIATING DEPARTMENT: City Clerk SUBJECT: Resolution No. 2002-20 Declaring Results of Special Municipal Election Held 3/5/02 COUNCIL MEETING DATE: RCA„ATTe4C�t loll E N TS STATUS` Ordinance (w/exhibits & legislative draft if applicable Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report If applicable Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENT$ ,REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Below, ® , e RCA Author: Brockway SAMPLE BALLOT A OFFICIAL BALLOT I HAVE VOTED—HAVE YOU? REPUBLICAN PARTY Orange County March 5, 2002 This ballot stub shall be removed and retained by the voter. STATE STATE Governor Vote for One Treasurer Vote for One BILL SIMON + GREG CONLON + Businessman/Charity Director Businessman/CPA BILL JONES + ""r MARY A.TOMAN + Secretary of State Investment Manager/Educator NICK JESSON Business Owner + + JIM DIMOV Businessman + Attorney General Vote for One DANNEY BALL + DICK ACKERMAN + Performing Songwriter/Businessman State Senator/Attorney EDIE BUKEWIHGE + + Publisher/Homemaker RICHARD J.RIORDAN + Businessman Insurance Commissioner Vote for One + GARY MENDOZA + Businessman Lieutenant Governor Vote for One WES BANNISTER + Small Business Owner ELLIE MICHAELS + STEFAN"WATCHDOG'STITCH + Singer/Songwriter Insurance Auditor BRUCE MC PHERSON + + California State Senator + Member,State Board of Equalization 3rd District Vote for One Secretary of State Vote for One EMAD BAKEER + Member,Lakeside Community Planning Group KEITH OLBERG + :;a. CLAUDE PARRISH + Businessman Member,State Board Of Equalization BARBARA JEAN MARR ' STEVE PETRUZZO Voter Rights Analyst + Equalization Board Auditor + MIKE SCHAEFER Public Interest Attorney + + + Controller Vote for One . NANCY BEECHAM + Registered Nurse/Businesswoman W.SNOW HUME Business Controller + `s" TOM MCCLINTOCK California State Senator j + DEAN ANDAL + Member,California Board of Equalization I + 30-AO33 A 30-AO52 A TURN CARD OVER TURN CARD OVER 30-SBO28 SAMPLE BALLOT B OFFICIAL BALLOT I HAVE VOTED—HAVE YOU? REPUBLICAN PARTY Orange County March 5, 2002 This ballot stub shall be removed and retained by the voter. UNITED STATES REPRESENTATIVE "` REPUBLICAN PARTY s.: 46th District Vote for One wr' Member,County Central Committee Vote for no s y y 67th Assembly District more than Six y' > DANA ROHRABACHER + " J.BRETT MARYMEE United States Representative Engineer + + WENDY BAUGH + y: T Incumbent MEMBER OF THE STATE ASSEMBLY ;N JOY in NEUGEBAUER + BusinesswomarJCommunity Volunteer Aq``" 67th District Vote for One RHONDA ROHRABACHER + y Susinesswoman TOM HARMAN ' EMILY F.SANFORD Member California State Assembly,67th District + y Appointed Incumbent + N , + MATTHEW HARPER + Governing Board Member,Huntington Beach Union High School District LINDA DWYER + Businesswoman JERALD"JERRY"FALABELLA + Retired Teacher "IN IS RPM Ai;;; 101, + ow + : ;�ggu s �a BR 30-13121 B 30-BO54 B TURN CARD OVER TURN CARD OVER 30-SB203 III IIIIIIIII I II IIIIIIIIIIII III SAMPLE BALLOT C j OFFICIAL BALLOT I HAVE VOTED—HAVE YOU? i NONPARTISAN BALLOT i j Orange County j March 5, 2002 i This ballot stub shall be removed and retained by the voter. t I i i JUDICIAL SCHOOL Judge of the Superior Court Superintendent of Office No.3 Vote for One Public Instruction Vote for One BRUCE WILLIAM DANNEMEYER + LYNNE C.LEACH + Trial Attorney State Legislator/Businesswoman KIMBERLY MENNINGER + KATHERINE H.SMITH + D District Attorney Goveming Board Member,Anaheim Union High School District GRAINNE HARDIMAN-WARD + JACK O'CONNELL + Lawyer State Senator + JOE TAYLOR + Political Consultant ' W Judge of the Superior Court Office No.S Vote for One + KAREN L.TAILLON Civil Trial La er + County Superintendent of Schools Vote for One LANCE JENSEN WILLIAM M.HABERMEHL Deputy District Attorney + Appointed,Orange County Su erintendent of Schools + � + i + Judge of the Superior Court `:, Member,County Board of Education Office No.21 Vote for One Trustee Area 2 Vote for One RONALD C.KLINE + ": ALEXANDRIA A."ALEX" CORONADO + Judge of the Superior Court I School Board Member + DEL CLARK + Appointed Member Orange County Board of Education Trustee Area 2 Judge of the Superior Court + Office No.22 Vote for One MICHELLE L.PALMER Deputy County Counsel + COUNTY OF ORANGE KELLY MAC EACHERN I + County Supervisor Depuq District Attorney 2nd District Vote for One VICKIE ANN BRIDGMAN + JIM SILVA + i Deputy District Attorney Orange CountySupervisor,2nd District Judge of the Superior Court,,. Office No.27 Vote for One u Assessor Vote for One =L MARK E.FARRAR I + ��'� p LARRY L.BALES + Trial Attorney Auditor DAVID BRENT + WEBSTER J.GUILLORY + _Deputy District Attorney Incumbent GLENDA SANDERS - Trial Attomey/Professor + + + Auditor Vote for One 41-11111 DAVIDE.SUNDSTROMOrange County Auditor i 30-CO27 Ci 30-C246 C TURN CARD OVER TURN CARD OVER 30-SB143 II�IIII��I�I I II��II��I�I II ICI SAMPLE BALLOT OFFICIAL BALLOT I HAVE VOTED—HAVE YOU? NONPARTISAN BALLOT Orange County March 5, 2002 This ballot stub shall be removed and retained by the voter. COUNTY OF ORANGE aF MEASURES SUBMITTED TO THE VOTERS County Clerk/Recorder Vote for One STATE " - FELIX ROCHA,JR. RS Orange CountyBoard of Education Trustee + ,ti - THE CALIFORNIA CLEAN WATER,CLEAN Yes + CRAIG H.SINK 40 AIR,SAFE NEIGHBORHOOD PARKS,AND OperatingEngineer + proeect riversSTAL R akes�andNstrs A mO to2i�mprove No + TOM DALY + water quality and ensure clean drinking water;to protect beaches Mayor/Businessman and coastal areas threatened by pollution;to improve air quality;to ROBERTA J.ESTRADA preserve open space and farmland threatened by unplanned devel- Recordable Document Examiner + opment;to protect wildlife habitat;to restore historical and cultural BRUCE PEOTTER resources;to repair and improve the safety of state and neighbor- Co orate Clerk/Businessman + hood parks;the state shall issue bonds totaling two billion six hun- dred million dollars($2,600,000,000)paid from existing funds.This + program is subject to an annual independent audit.Fiscal Impact State cost of about$4.3 billion over 25 years(average cost of about y District Attorney Vote for One $172 million peryear)to repay bonds.State and local operation and Y maintenance costs of potentially tens of millions of dollars annually. WALLACE WADE - D u District Attome ( + VOTING MODERNIZATION BOND ACT OF Yes + TOW RACKAUCKAS 41 2002. (SHELLEY-HERTZBERG ACT). This District Attorne of Orange Coun + act is to ensure that every person's vote is ac- No + curately counted.It authorizes the issuance of + state bonds allowing counties to purchase modem voting equip ment and replace outdated punch card(chad)systems.This act provides for bonds in the amount of two hundred million dollars M.. Public Administrator Vote for One v ($200,000,000)and appropriates money from the General Fund to DANA P.SWART pay off bonds.Fiscal Impact:State costs of about$255 million over CedifiedPublicAcwuntant + - ten years(average cost of about$26 million annually)to repay OSCAR GARZA bonds.One-time county costs of about$67 million statewide to + match state funds.Additional annual county operating costs in the AccountandBudget Analyst seve[gl tens of millions of dollars statew JOHN S.WILLIAMS + TRANSPORTATION CONGESTION IM- Yes + Governing Board Member,South Orange County Community College District VICKI LANDRUS 42 PROVEMENT ACT.ALLOCATION OF EX- Assistant Public Administrator + ISTING MOTOR VEHICLE FUEL SALES No + _— _— AND USE TAX REVENUES FOR TRANS- + PORTATION PURPOSES ONLY. LEGISLATIVE CONSTITU- TIONAL AMENDMENT.Requires,effective July 1,2003,existing Sheriff-Coroner Vote for One revenues resulting from state sales and use taxes on the sale of mo- s. _ for vehicle fuel be used for transportation purposes as provided by law until June 30,2008.Requires,effective July 1,2008,existing MICHAELS.CARONA + revenuesresulting from state sales and use taxes be used forpublic Sheriff transit and mass transportation;city and county street and road re- + 4 pairs and improvements;and state highway improvements. Im- poses the requirement for a two-thirds of the Legislature tosuspend Y:= or modify the percentage allocation of the revenues.Fiscal Impact -10 Treasurer-Tax Collector Vote for One _ Starting in 2008-09,about$1.4 billion in state gasoline sales tax j JOHN M.W.MOORLACH revenues, increasing annually thereafter,would continue to be Orange County Treasurer-Tax Collector + used for state and local transportation purposes. + RIGHT TO HAVE VOTE COUNTED.LEGIS Yes + _.. LATIVE CONSTITUTIONAL AMENDMENT. Amends Constitution to declare that a voter No + i who casts a vote in an election in accord with the laws of this state shall have that vote counted.Fiscal Impact:No additional cost to state or local governments. 30-DO29 D 30-DO06 D j TURN CARD OVER TURN CARD OVER 30-SBO22 III IIIIIIIIIIIIIIIIIIIIIIIIIII SAMPLE ALLOT E OFFICIAL BALLOT I HAVE VOTED—HAVE YOU? NONPARTISAN BALLOT ®range County March 5, 2002 This ballot stub shall be removed and retained by the voter. MEASURES SUBMITTED TO THE VOTERS MEASURES SUBMITTED TO THE VOTERS %az HUNTINGTON BEACH CITY SCHOOL DISTRICT ,; STATE it•; To improve the quality of education,repair ex- Bonds + .. Yes ®® 'sting schools,replace 35 year old roofs and CHIROPRACTORS.UNPROFESSIONAL CON Yes + Q-; classroom heating and ventilation systems, Bonds + 44 DUCT. LEGISLATIVE INITIATIVE AMEND- provide student access to modern technology, No MENT. Amends Chiropractic Act to specify No + E upgrade classroom electrical and fire alarm systems,replace dete practices constituting unprofessional conduct; riorating water and sewer systems,and qualify the District to re- require investigation of licensee in certain circumstances and li- ceive,as available,$16,700,000 in state-matching funds shall the cerise revocation upon second conviction,or multiple convictions, _ Huntington Beach City School District issue$30,000,000 in bonds of specified insurance fraud offenses.Fiscal Impact:Negligible ad- at interest rates within legal limits,subject to a citizen oversight ditional state implementation costs.Potential state savings of un committee and independent financial audits? known amount resulting from lower workers'compensation and Medi-Cal costs. 71 CITY OF HUNTINGTON BEACH LEGISLATIVE TERM LIMITS. LOCAL Yes + Property Rights Protection Measure.Shall Yes + wy 45 VOTER PETITIONS.INITIATIVE CONSTITU- E E the Charter of the City of Huntington Beach be TIONAL AMENDMENT.Allows voters to sub No + °''` amended by adding anew section thereto pro- No + mit petition signatures to permit their viding that only a property owner can establish incumbent legislator to run for re-elections)and serve maximum of the price or terms regarding that property's sale,lease,rental,ex- four years beyond terms provided for in Constitution if majority of r change or transfer;and prohibiting the City of Huntington Beach ' .�; voters approves.Fiscal Impact:Unknown county costs potentially , from legislating or regulating the price or terms concerning the F.. up to several hundreds of thousands of dollars biennially statewide sale,lease,rental,exchange or transfer of property(for example, to verify voter petition signatures;little or no state cost to track the by the adoption of a rent control ordinance)? eligibility of re-election candidates. �, COUNTY OF ORANGE Creation of Infrastructure Fund.Shall the Yes + FF Huntington Beach Charter be amended to es- Shall the measure entitled"County of Orange Yes + \_ _ tablish an"Infrastructure Fund"with all infra No + 41 V Proposed Charter",which would result in Or- structure revenues raised, and accrued ange County becoming a charter county and No + interest,directed into the Fund;prohibiting the transfer or loan of changing the method of selection when a - Fund monies;requiring that General Fund expenditures for infra- vacancy occurs in the Board of Supervisors,be adopted? structure not be reduced below 15%of General Fund revenues based on a five-year rolling average;and requiring that City Council designate an advisory board to annually review and audit the Infra- Shall the initiative measure: 1) eliminating Yes + structure Fund? <-. W planned airport uses at the closed El Toro Ma- rine Corps Air Station("MCAS El Toro")by re- No + F' Advisory Vote Only. Infrastructure Fund. Yes + pealing Measure A, and 2) amending the W Power Plant Utility Tax.Should the Utility Tax Orange County General Plan to authorize an urban regional park GG paid solely by an electric power plant be placed No + and a variety of agricultural, material recovery/recycling, recre- ational, into an Infrastructure Fund to be used only for uses at cultural,educational,employment,public and housing land the maintenance,construction and repair of infrastructure such as uses MCAS El Toro,be adopted? storm drains,storm water pump stations,alleys,streets,highways, curbs and gutters,sidewalks,bridges,street trees,landscaped me- dians,parks,beach facilities,playgrounds,traffic signals,street lights,block walls along arterial highways and all public buildings and public ways? trc Power Amendment Pl Gas Tax ant Exclusion.Shall Removing orI di- Yes + H H nance repealing the Gas Tax exclusion for No + u electric power plants be adopted? 30-EO07 E 30-E354r E TURN CARD OVER TURN CARD OVER 30-SB205r III IIIII��II�II��II�I�IIIIIIIIIII� MEMBER OF THE STATE ASSEMBLY,67TH DISTRICT MEMBER OF THE STATE ASSEMBLY,67TH DISTRICT WILLIAM R. "BILL"ORTON AGE: 39 TOM HARMAN OCCUPATION: Director, local nonprofit OCCUPATION: Assemblyman I'm Bill Orton. In my first term as your State Assemblyman,I have worked hard to reduce I've lived in the district since 1968. Graduated from Wardlow Elementary taxes for California residents, improve our schools, create local jobs, and and Edison High School. I'm married. My daughter was born in Los reduce the size of government. My accomplishments include: Alamitos. Proposition 13: Supported efforts to strengthen Prop. 13 homeowner I'm running for State Assembly to help people with the everyday problems protections. that affect their lives. Education:Secured funding for high-achieving local schools. We need to value families. Tax Reduction:Voted against increasing the sales tax. The"child tax credit"should be permanent. Business: Supported business friendly legislation to discourage frivolous I'd like refundable tax credits for households where one parent stays lawsuits aimed at business owners; voted to reduce taxes for small home raising the kids.We should value"stay-at-home"parents. business owners and families. We should have childcare vouchers or tax credits for childcare where Seniors:Voted to improve benefits for veterans and retired person living on both parents work. fixed incomes. Childcare should not keep someone from working who seeks a way up Clean Water:Authored legislation to protect and clean up local estuary and from welfare. coastal waters. At school, kids should master basics, learn to communicate, exercise I was joined by all other Assembly Republicans in voting against the bailout problem solving and be safe. That's more important than cramming for of electric utility companies that will guarantee high rates for 10 years at an standardized tests. estimated$43 billion cost to consumers. We should value the environment. My re-election is supported by elected officials,including Congressman Ed There's raw fecal sewage floating in the ocean. Royce, State Senator Ross Johnson, State Assemblyman Ken Maddox, Bacteria around this sewage is making people sick, causing beach Supervisor Jim Silva, Supervisor Cynthia Coad and many local school closures and business shutdowns. board and city council members. I will deliver state money to upgrade sewers,storm drains and treatment Working together,we can protect our values and quality of life.I am honored plants. to serve you and always appreciate your comments on improving our state I'll also fight to... and neighborhoods. Feel free to call me at (714) 843-4966 to discuss matters of importance to you. Help seniors with health care. Thank you for your support! Give greater religious freedom to people. Waive fees on hunting and fishing licenses for veterans. Ban human cloning and label genetically modified foods. Visit<www.billyorton.com>for more. People think I've got one tiny little hair's-breath of a chance of winning this election,but I believe in miracles. If you show the courage to vote for Bill Orton,you'll elect a lawmaker who shares your core values and who will deliver for our district. 30-67r III I1011ll99lllllllll III JUDGE OF THE SUPERIOR COURT JUDGE OF THE SUPERIOR COURT OFFICE NO.3 OFFICE NO.3 KIMBERLY MENNINGER AGE:42 GRAINNE HARDIMAN-WARD OCCUPATION:Deputy District Attorney OCCUPATION: Lawyer Law enforcement's choice for Superior Court Judge! As a Certified Family Law Specialist, I have a tough, no nonsense Police, prosecutors and crime victims overwhelmingly support my reputation within the legal community in juvenile, domestic violence, candidacy for Superior Court Judge. I have a reputation for prosecuting paternity,child support and spousal support cases. criminals to the fullest extent of the law in a fair and honorable manner. I support order and justice.I support the death penalty where warranted. Endorsements: I will be a Judge who is fair,follows the law and protects the public. Association of Orange County Deputy District Attorneys I will be a Judge whose main concerns are protecting the families of our Association of Orange County Deputy Sheriffs community, especially in cases involving drunk drivers, drug dealers and Orange County Attorney's Association gang violence. Police Associations:Anaheim,Buena Park, Fullerton, Irvine,La Habra, I have a Bachelor's Degree from University College, Dublin Ireland, La Palma,Santa Ana,and Tustin. teacher's credentials from Dominican College,Sion Hill, Blackrock, Dublin Los Angeles Police Protective League Ireland,and a Law Degree from Western State College of Law,Fullerton. Citizens for Law and Order I am the mother of three children.One son is a police officer with SWAT.I District Attorney Tony Rackauckas have practiced law in Orange Count for 16 ears.I know I am well qualified Sheriff Michael Carona p 9 Y Y Supervisor Todd Spitzer to be a Judge,as do the Judges,Commissioners,District Attorneys,elected Ken Maddox Assemblyman 68th District officials, law enforcement, lawyers, ordinary citizens, and County Over 40 Judges,Commissioners and numerous Police Chiefs employees,who support and believe in me. For the past 15 years I have served the citizens of Orange County as a I welcome the opportunity and the challenge to serve the people of Deputy District Attorney.Eight of those years were spent prosecuting Gang Orange County as Judge of the Superior Court. members throughout Orange County for serious crimes such as murder, carjackings,robberies,kidnappings and drive-by shootings.I have tried 70 jury trials and hundreds of court trials. I work with schools and philanthropies to deter kids from crime: The Assistance League,DAR and Trinity Presbyterian Church. As your Superior Court Judge: I will Support Three Strikes, enforce the Death Penalty and Protect Victim's Rights. I'm honored to receive your vote. www.kmenninger.com JUDGE OF THE SUPERIOR COURT OFFICE NO.3 BRUCE WILLIAM DANNEMEYER AGE:44 OCCUPATION:Trial Attorney Police chiefs,current and former prosecutors,and judges support me.In addition to law enforcement,federal,state,and local elected officials, Bar Association presidents, countless lawyers (even those I battled in court), educators, and clergy support me. Former Governor George Deukmejian supports me(and the Governor appoints most judges).Why?Because they know I have the experience,integrity,and dedication to public service to be the type of Judge we need. I pledge to: Strongly support the Death Penalty and 3-Strikes. Guarantee the right of victims of crime to be heard. Crack down on gangs. Strictly construe the Constitution. Fight frivolous lawsuits. Judge my qualifications for yourself. Fought for justice in Court for 19 years. Practiced before the California Supreme Court. Testified before State Senate Committee on legislation to protect property owners. Served as Judge pro tem. Rated highest for ability and ethics by fellow attorneys. 33-year resident of Orange County. President of my church. My integrity is based on traditional values, a no-nonsense approach, strength of character,common sense,and proven leadership.I will be tough and fair. The Declaration of Independence says all men are created equal.Every person in my courtroom will realize that solemn commitment. 30-j1 JUDGE OF THE SUPERIOR COURT JUDGE OF THE SUPERIOR COURT OFFICE NO.8 OFFICE NO.8 KAREN L.TAILLON LANCE JENSEN AGE:41 OCCUPATION:Civil Trial Lawyer OCCUPATION: Deputy District Attorney Tough-Fair-Experienced-Qualified Law enforcement is overwhelmingly united behind my candidacy. Police, In 18 years of trial practice, arbitration, and mediation, I have handled prosecutors, judges and crime victims support me. I will be a fair, hundreds of cases.For over 10 years I have served periodically as a Judge no-nonsense Judge,who supports law and order for the citizens of Orange Pro Tern in Orange County's courts,most recently handling Superior Court County. civil settlement conferences to reduce backlog.I graduated from law school As a Deputy District Attorney for 11 years,I have served you by prosecuting ranked third in my class of over 300. felony crimes including robbery, burglary, spousal and child abuse. I am My husband of 21 years and I have raised and educated our children in currently assigned to the Gang Unit where I prosecute gang members for Orange County. We are active in our church and our community. I am homicides,assaults,terrorist threats and witness intimidation. committed to making our neighborhoods and schools safe, protecting the This experience provided the foundation for my dedication to community rights of everyone-from children to senior citizens-and making Orange safety. I support Victim's Rights,'Three Strikes"and the death penalty. County a better place for our families. In 1994, 1 was selected "Outstanding Prosecutor' in recognition for my As a strong supporter of law enforcement,and as your Judge,I will: service to the office of District Attorney and citizens of Orange County. In Stand up for victims'rights 2000, 1 received an Award of Appreciation from the California District Impose strict sentences on violent criminals Attorneys Association for outstanding service in the field. Enforce"Three Strikes"and the death penalty I'm endorsed by Sheriff Mike Carona, District Attorney Tony Rackauckas, Follow and uphold the law and: Be firm and fair Association of Orange County Deputy Sheriffs, Association of Orange Reduce courtroom delays County Deputy District Attorneys, Orange County Attorneys Association. Run my courtroom with courtesy,justice,and integrity Police Associations of Anaheim,Buena Park,Fullerton,Irvine,La Habra,La I am grateful for support of local teachers, judges, and lawyers, and the Palma, Santa Ana, Tustin, Citizens for Law and Order and dozens of bi-partisan support from Republican and Democratic leaders including Superior Court Judges. Senator Dick Ackerman With your vote I will continue to work for a safe community. Senator Joe Dunn www.lancejensenforjudge.com Senator Ross Johnson www.taillonforjudge.com 30-j2 JUDGE OF THE SUPERIOR COURT JUDGE OF THE SUPERIOR COURT OFFICE NO.22 OFFICE NO.22 KELLY MACEACHERN VICKIE ANN BRIDGMAN AGE:46 OCCUPATION: Deputy District Attorney OCCUPATION: Deputy District Attorney We deserve to be safe. Our children and grandchildren deserve to be I am seeking the judicial position being vacated by a great jurist and safe.And crime victims deserve a voice. combat decorated Vietnam Navy pilot, Donald Maclntyre,who is retiring. I In over 20 years as a prosecutor,I tried more jury trials than any deputy am extremely proud to be endorsed by Judge Maclntyre. now in the District Attorney's Office. I was named Outstanding Prosecutor My reputation as a Deputy District Attorney has earned me the for my work locking up some of Orange County's most violent offenders. widespread support of law enforcement and community leaders including For years I.put rapists and child molesters in prison as a member of the Orange County Sheriff Michael Carona, the Honorable Marian Bergeson, elite Sexual Assault Unit and Child Abuse Services Team.Now I prosecute police chiefs such as Santa Ana's highly regarded Paul Walters, noted men who batter their wives or girlfriends.They belong in jail,and after that in homicide prosecutor Chris Kralick, the President of the Orange County treatment programs. Attorneys Association, and numerous judges, police officers and crime victims. These endorsements are an honor to me because they are from I was the first special deputy to prosecute serious juvenile offenders. people who know the importance of qualified judges. Gang members who terrorize our community belong in prison. Period. I support Three Strikes for repeat violent offenders and the death penalty for As a prosecutor,I have committed my best efforts to keeping our streets, killers who deserve it. schools and neighborhoods safe. I have prosecuted all types of criminals from vicious gang members to violent robbers and burglars. I support the I believe strongly in drug treatment rather than jail or prison for first-time "Three Strikes" law and the death penalty. I believe strongly in our war and small drug offenders.Big drug dealers belong in prison. against terrorism. I live in Mission Viejo with my husband of 22 years,whom I married in I have been a victim of crime.As a child,I experienced the horror of being County Kerry, Ireland.We have five children. assaulted by a stranger in my neighborhood.As a mother, my heart was Please help me to continue protecting the community as your judge. broken when a careless and speeding driver killed my wonderful son. Thank you. A strong work ethic was instilled in me at an early age from working class parents. I learned the importance of hard work,American values and good citizenship. I worked to put myself through Cal State Fullerton and Law School,graduating as valedictorian and first in my class of over 300. 1 have served as the President of two Bar Associations. In addition, I have demonstrated my civic spirit by my involvement with MADD, The March of Dimes and The Society to Prevent Blindness. Currently I am serving as the volunteer President of Drive S.A.F.E., a non-profit organization that sponsors safe driving assemblies for teenagers in our high schools. I am particularly proud of my volunteer work with the Automobile Club of Southern California that helped enact the graduated drivers license program in California.This resulted in 40%drop in deaths and injuries due to car crashes among teenagers. I grew up in Orange County. I have worked, worshiped and raised my family here. I will be a fair and ethical,commonsense judge. I respectfully request your vote. 30-j3 III II9IIII Illlallll sll JUDGE OF THE SUPERIOR COURT JUDGE OF THE SUPERIOR COURT OFFICE NO.27 OFFICE NO.27 DAVID BRENT AGE:45 GLENDA SANDERS AGE:46 OCCUPATION: Senior Deputy District Attorney- Homicide OCCUPATION:Trial Attorney/Professor Prosecutor Police,prosecutors and crime victims support me because they know I will Why should you vote for me? be a fair,no-nonsense Judge who will support law and order for the citizens Not just because Judge Robert Monarch,a respected jurist of 14 years,is of Orange County. retiring and has endorsed me as his Superior Court successor,or because For the past 17 years when faced with prosecuting important, high profile dozens of other judges,as well as law enforcement,firefighters and elected representatives at the national,state and local levels,are united behind my cases, Orange County has put its trust in me. I have served you by prosecuting numerous felony crimes, including murder, street gang candidacy. terrorism, rapes, child molestations, robbery, burglary, arson, spousal Not just because I have experience as both a criminal prosecutor and as a abuse and welfare fraud. civil trial attorney,and judges must be familiar with both areas of the law. I gained both criminal and civil law experience in my capacity as a courtroom I am uniquely qualified for this Judgeship. I am a Senior Deputy District attorney, a Special Assistant Deputy District Attorney in Orange County, Attorney, assigned for the past 10 years to the Homicide Unit. I have and as a partner in the Orange County office of Latham&Watkins,a law firm prosecuted close to 50 murder jury trials, including gang homicides,child recognized as one of the top 20 law firms in the country. and infant deaths and drunk driving deaths. Four killers are on death row because of cases I took to trial.These trials Or because I graduated first in law school class in then earned a involved the cop killer of LA Sheriff's Deputy Shayne York in a Buena Park Master's Degree in Law. Duringg my 20 year legal careeerer,, I have handled cases ranging from capital homicides,kidnappings,gang-related cases and hair salon after the killer discovered Deputy York's badge, the killer of a family law disputes to multimillion dollar commercial matters for Fortune 500 senior citizen in her Los Alamitos home,the triple murder of a father,mother and brother in their Fullerton home and the carjack murder of Joey Kondrath companies. as he drove to school in Anaheim. Or because I am involved in our community,having served on the boards of charitable institutions such as Human Options,which helps those affected am currently prosecuting death penalty trials involving the murder of a 12 by domestic violence,and Girls' Inc.,which promotes healthy after-school year old boy in La Habra and the brutal murder of Orange County Deputy activities among teenage girls. Sheriff Brad Riches outside a 7-11 store in Lake Forest. strongly support 3 Strikes and Victims Rights. I am endorsed by Victims Or because,in addition to practicing law,I have also taught law at Chapman Rights organizations such as Citizens for Law and Order. I have worked University Law School, where President Jim Doti and Law School Dean, Ri 9 9 Parham Williams,endorse my candidacy. closely with MADD in assisting victims in DUI-related homicides. Ultimately I believe I deserve your vote because,as a committed member of I'm honored to be endorsed by: this community and the mother of two children,the proper enforcement of Orange County Deputy District Attorneys Association our laws and the safety of our neighborhoods are paramount concerns for Orange County Deputy Sheriffs Association me. I support the Three Strikes Law and the death penalty in appropriate Orange County Attorneys Association cases. I have spent hundreds of hours providing free legal advice to those District Attorney Tony Rackauckas victimized by fraud,and I fully support Victims'Rights. Sheriff Michael Carona In addition to those above, my endorsements include the Orange County Santa Ana Police Chief Paul Walters Professional Firefighters'Association and: Dozens of Superior Court Judges,including Judges Frank Briseno, Nho Trong Nguyen,Wendy Lindley,Kazuharu Makino and Robert Fitzgerald United States Representatives Christopher Cox, Ed Royce and Loretta President of the Asian American Bar Association Sanchez;State Senators Dick Ackerman,Joe Dunn, Ross Johnson and Police Associations: Anaheim, Fullerton, Huntington Beach, Irvine and Bill Morrow;Assemblymembers Pat Bates,Bill Campbell,John Campbell Santa Ana and Ken Maddox. I am a Southern California native with a law degree from Brigham Young With your vote I will work diligently to support law and order for you and your University.I have been married for 17 years to the former Clara Araujo.We family. have 3 children. Please visit www.glendasanders.com I have dedicated my career to fighting crime. The safety of our neighborhoods and schools is my highest priority. Please allow me to continue to serve you by electing me as Superior Court Judge.Thank you. Please contact me at www.davidbrenfforjudge.org David Brent 30-j4 JUDGE OF THE SUPERIOR COURT OFFICE NO.27 MARK E. FARRAR AGE:51 OCCUPATION:Trial Attorney Being elected Judge of the Superior Court will permit my legal talent and skills and courtroom experience to work for the citizens of this county. I have a well-rounded background as an attorney which has prepared me to be a Superior Court Judge.Judges necessarily preside over more matters than just criminal cases. Experience in the areas of Family Law, Civil Litigation,and Probate cases is more important to enable the Judge-elect to"hit the ground running."The current assignment for Office 27 is for Civil Cases. Decisions made in these areas of the law will influence those involved as much as a party in a criminal case.The Judge chosen for this seat should have a diverse background of experience, education and resolve. Over 25 years of experience as a trial and business attorney in Orange County have provided me with the skills required of a Judge in the various areas of the law. In the Criminal arena, I support the Three Strikes Law and the death penalty, where warranted. I also believe Justice, Integrity and Judicial Authority must prevail. 30-j5 MEMBER,COUNTY BOARD OF EDUCATION MEMBER,COUNTY BOARD OF EDUCATION TRUSTEE AREA 2 TRUSTEE AREA 2 ALEXANDRIA A. "ALEX"CORONADO DEL CLARK OCCUPATION: School Board Member/Educator/Researcher/ OCCUPATION: Appointed Member County Board of Education Small Business Owner/Parent Trustee Area 2 As a current school board Trustee,I have supported programs that help our As a former public school teacher,corporate trainer,community volunteer children succeed and learn. I have overseen an annual budget of $208 and a two-term school board member of the Los Alamitos Unified School million, and have made sure the money is spent on students, instead of District, I understand challenges facing public education.Our most crucial wasted on bureaucracy. issue is the teacher and administrative shortage.Within the next decade we I have worked with the community to: need 25,000 teachers to fill Orange County classrooms. Retention is another issue since after 5 years of teaching over 1/3 leave the profession. Improve test scores. Teacher support programs are currently in place in both County and local Raise academic standards. districts; however we need additional resources to recruit and retain the Support arts,science,and sports programs. "best and brightest' to teach our children. Additionally, we must attract Build classrooms. capable,visionary administrators. As your Trustee for the Orange County Board of Education, I will support: As the population expands,demands for new school construction as well as High Academic Standards:phonics,arithmetic,arts,science,and history. upgrading old buildings is another necessity.The school campus must be a Local Control: return power to parents and local communities, not safe, modernized, technologically equipped facility. The most significant bureaucrats. role for this office is to provide services and support to local school districts Accountability:for students,teachers,and administrators. through advocacy in both private and public sectors.I pledge to continue my life-long work as an advocate for our children because I believe that public I earned a Doctorate in Music Education, serve on the California School education is the cornerstone of our democracy. Board Leadership Council, and Chair the Cypress Cultural Arts Commission.I am also a proud parent. My leadership and experience have earned me the endorsements of: Assemblyman Ken Maddox County Treasurer John Moorlach Orange County Board of Education Trustee Dr.Ken Williams Huntington Beach Union High School District Trustee Matthew Harper Numerous School Board Trustees,city council members,teachers,and parents. Please join my supporters. Mark your sample or absentee ballot now and vote for Alexandria A."Alex"Coronado. 30-boe2 ASSESSOR WEBSTER GUILLORY OCCUPATION: Incumbent Assessor As the independently elected Assessor, my first responsibility is to the taxpayers of Orange County. The Assessor's Office sets the taxable value of property,according to the laws of the state, and administers the many state exemption programs available to the taxpayers. I am an experienced private and public sector business manager. The Assessor's Office has won numerous awards and commendations from several sources,including the Orange County Grand Jury.Orange County taxpayers pay the least amount of cost for the work performed from this Office compared to Assessors Offices'throughout the state. I am a hands-on, conservative manager that encourages technological development and productivity. My priorities for the coming years are to maintain a high level of integrity; keep up with technological changes that continue to improve methods that assist the public to communicate with this office. My experience includes a Bachelor and a Master of Science degree.I was recently given the coveted"Millennium 2000 Manager of the Year"award from the Society for the Advancement of Management,and appointed to the Board for the Peter F.Drucker Graduate School of Management. I respectfully ask for your vote and the privilege to serve you. COUNTY CLERK-RECORDER COUNTY CLERK-RECORDER BRUCE PEOTTER AGE:42 TOM DALY AGE:47 OCCUPATION:Corporate Clerk-Recorder OCCUPATION: Elected Official/Businessman As a Clerk-Recorder, I have the insight and management skills to With his background and expertise,Tom Daly is the most qualified for this maintain the high level of service expected from the Clerk-Recorder. I will position. That's why he's the only one supported by respected, retiring expand the use of electronic recording services throughout the county and Clerk-Recorder Gary Granville. Community leaders endorse him because the state.I will work to make the Department more accessible to the public he'll continue managing this key department with maximum service and by broadening its access to public records through the Internet. efficiency. As Vice-Chairman of Irvine's Finance Commission, I have overseen An Orange County native, Tom Daly graduated from Harvard University, budgets exceeding$60 million,privatized its data processing department, attending on a scholarship.He believes our government must maintain this and chaired Irvine's telecommunications task force. county's excellent quality of life,both now and for the future. I will vote Yes on Measure W. As a respected public servant, Tom Daly is Mayor of Orange County's I am the only serious candidate Opposing an Airport at El Toro. largest city. In prior years, he was a city councilmember, school board member, and library board member. And in the private sector, he has An airport is unsafe for the surrounding neighborhoods. worked in executive positions as a successful businessman. I am enthusiastically endorsed by: Every county in our state has Clerk and Recorder departments,responsible Treasurer John Moorlach for vital records such as birth,death,marriage and property.In recent years, Sheriff Mike Carona Orange County's has become innovative with new technology. Staff has Senators Ross Johnson,Dick Ackerman been reduced 20%.Fees charged to consumers have been reduced.They Assemblymen:John Campbell,Bill Campbell,Ken Maddox are the lowest in California. Leading Airport Opponent,Irvine Councilman Mike Ward. Tom Daly is dedicated to continuing these high standards of service in the I have lived in Irvine for 24 years where I currently reside with my wife most cost-efficient manner. Kelly and son Mitchell. Your consideration and vote will be appreciated.Thank you. Seven years ago, I joined John Moorlach as he tried to warn the residents that the County's investments could push the county into bankruptcy.Your vote will replace the last officeholder from the bankruptcy! Bruce Peotter for Clerk-Recorder www.taxfighter.com 30-col DISTRICT ATTORNEY DISTRICT ATTORNEY WALLACE WADE AGE: 55 TONY RACKAUCKAS AGE:58 OCCUPATION: Senior Deputy District Attorney,County of OCCUPATION:District Attorney of Orange County Orange As your District Attorney,I've worked hard to make our communities safe. Orange County residents deserve a District Attorney with unchallenged Since I took office in 1999,the crime rate has dropped,gang crime has hit a integrity who will fairly but aggressively enforce the law,free from political five-year low and gang murders are down 50%.We've enforced the Death influence or special interests. Penalty and Three Strikes,protecting you from violent criminals. That's why,for the first time ever,the Association of Orange County Deputy My program to combat gangs and help kids is working.Gang membership is District Attorneys-the men and women who prosecute criminals on your down by 2,000 with 33 gangs eliminated.Child Support collections are up behalf every day - have endorsed a challenger for the office of District over 60%while caseloads are down.Children and taxpayers are benefiting. Attorney. My experience:Orange County Prosecutor and Judge 28 years. It's also why Orange County law enforcement, the Police Officers Police,Crime Victims and Elected Representatives have united behind me Associations of Anaheim, Buena Park, Huntington Beach, La Habra, including: Newport Beach,among others,has endorsed my candidacy. Sheriff Mike Carona,Police Chiefs of Anaheim,Brea,Costa Mesa,Cypress, During my 25-year career as a prosecutor, I have brought criminals to Fountain Valley, Huntington Beach, La Habra, Los Alamitos, Placentia, justice in every major crime category,including rape, robbery, kidnapping, Santa Ana,Seal Beach,Tustin,UC Irvine,Westminster; child molestation and political corruption,with a 100%conviction record in murder trials. Congressmen Royce, Cox, Rohrabacher, Miller; Senators Ackerman, Dunn, Johnson, Morrow; Assemblymembers Bates, Harman, Maddox, My leadership in the DA's Office includes development of innovative Correa, Bill Campbell,John Campbell; Supervisors Spitzer,Wilson, Silva, programs to increase child support and combat elder abuse, child abuse Smith,Coad;Mayor Wyatt Hart,Councilmember Mimi Walters; and domestic violence.It includes service on: Associations from: International Union of Police representing Orange U.S. Justice Department's Organized Crime, Racketeering Strike Force County Sheriffs Department and 80,000 Officers;Santa Ana Police Officers, Faculty,National College of District Attorneys Seal Beach Police Officers, Latino Peace Officers, Orange County . Board of Directors,California District Attorney's Association Professional Firefighters, Crime Victims United, Memory of Victims President,Association of Orange County Deputy District Attorneys Everywhere, Friends and Victims United. Join the working men and women of law enforcement in electing an honest, I'm honored to serve you. tough,independent and professional prosecutor as Orange County District www.00DistrictAttorney.com Attorney. www.wallywade.com PUBLIC ADMINISTRATOR PUBLIC ADMINISTRATOR JOHN S.WILLIAMS AGE: 50 VICKI LANDRUS AGE:49 OCCUPATION: College Trustee, Retired O.C. Sheriff's Dept. OCCUPATION:Assistant Public Administrator Sergeant As Assistant Public Administrator, I manage a professional staff who As a college trustee,I've been overwhelmingly elected to three terms at the protects the property of those who die in Orange County when no one else is South Orange County Community College District, overseeing a $150 available or legally appropriate. We also locate relatives, arrange burials, million budget, 2,000 employees, and 32,000 students. As a sheriff's pay bills, and perform other services consistent with decedents' wishes. department sergeant, I was entrusted with the security of our main Diligence and integrity are essential to us successfully providing these courthouse. I oppose an El Toro airport, preferring Inland Empire airport services. alternatives, reduced flights at John Wayne Airport and Great Parks My qualifications include 20 years experience as an Orange County Measure W to protect quality of life in Orange County. Experienced leader employee and a Bachelors degree from California State University, with a Master of Public Administration Degree from Pepperdine University Sacramento. To increase my skills and contributions, I also earned a who's qualified to serve as Public Administrator. Masters degree in Public Administration from USC while working full time. Voted "Man of Distinction" by Conservative Women's Leadership I've been married for 27 years to my husband Tim, a peace officer, and Association, husband, father, 22 year law enforcement veteran, elected we've owned our Garden Grove home since 1977. three times as college board president. High standards for public service My professional and personal goals are to contribute to our community, and taxpayer accountability,cut debt,increased student's classes at Irvine especially residents unable to care for themselves.I'm committed to helping Valley and Saddleback Colleges, expanded Senior Citizen Emeritus families and individuals during difficult life experiences, and to ongoing classes,workforce and technology training,and fight for our tax dollars in improvements in Public Administrator services. Sacramento and Washington D.C. A former court officer, I'm a strong advocate for protecting the rights of the My role Assistant Public Administrator since has prepared me be Public Administrator.My experience,commitmentent,,and integrity qualify me taxpayers, senior citizens, veterans, infirm, disabled and the ethical to be Public Administrator. handling of personal estates in probate court. I respectfully ask for your vote,and look forward to serving you as Public Supported by community, law enforcement, elected officials. See Administrator. www.smartvoter.org.I'll be proud to serve you. Thank you. 30-co2r FULL TEXT OF MEASURE V COUNTY OF ORANGE PROPOSED CHARTER PREAMBLE 1 ARTICLE I-BOARD OF SUPERVISORS 101.Governing Body 1 102.Terms of Office 1 103.Filling of Vacancies 1 ARTICLE II-GENERAL 201. Initiative and Referenda 2 202.General Law Governs 2 203.County Ordinances Enacted by the Voters Remain in Effect 2 PREAMBLE We,the citizens of Orange County,with a desire for self-determination in selecting our county elected officials and to initiate the process to govern our county by charter government,do hereby adopt this charter. ARTICLE I-BOARD OF SUPERVISORS 101.Governing Body. The governing body of the county is a Board of Supervisors of five(5)members elected by and from designated supervisorial districts. 102.Terms of Office. The term of the office of supervisor is four(4)years. 103.Filling of Vacancies Notwithstanding any other provision of law,whenever a vacancy occurs in the office of supervisor,the vacancy shall be filled as follows: A. If the vacancy occurs in the first 1095 days of the term of office,the vacancy shall be filled by a vote of the electors of that district at a special election to be called by the Board of Supervisors not less than 56 days nor more than 70 days after the vacancy occurs.If the vacancy occurs within 180 days of a regularly scheduled election held throughout the supervisorial district,the election to fill the vacancy may be consolidated with that regularly scheduled election. The person receiving the highest number of votes in that election shall fill the vacancy. B. If the vacancy occurs within the final year of the term, the vacancy shall be filled by the person receiving the highest number of votes for Supervisor in that district in the March primary election that year.If that person for any reason does not assume the office for the remainder of the term,the Board of Supervisors is hereby authorized to appoint a person to fill the vacancy.If the Board of Supervisors does not make such an appointment within 30 days following the certification of the March primary election results or following the failure of that person to assume the office,whichever comes later,the Board of Supervisors shall call a special election to be held not less than 56 nor more than 70 days thereafter to fill the vacancy.The person receiving the highest number of votes in that special election shall fill the vacancy. ARTICLE II-GENERAL 201.Initiative and Referenda. This charter does not abridge or modify the rights of citizens to propose initiatives and referenda(including amendments to this charter)as provided for in the general laws of the State of California. 202.General Law Governs. Except as expressly set forth in this charter, the general law set forth in the Constitution of the State of California and the laws of the State of California shall govern the operations of the County of Orange. 203.County Ordinances Enacted by the Voters Remain in Effect. Ordinances of the County of Orange adopted by the voters prior to the enactment of this charter shall remain in full force and effect and may only be modified or repealed by a vote of the people. IMPARTIAL ANALYSIS BY COUNTY COUNSEL The California Constitution requires the Legislature to provide for county powers,an elected governing body,the election of certain county officers and police powers. This body of county law is known as general law. Orange County is presently a general law county,as opposed to a charter county. The California Constitution permits the voters of a county to adopt a charter for its own government. Where a charter does not mention a subject,the subject is governed by general law. This measure would change Orange County from a general law county to a charter county in the way vacancies are filled in the office of Supervisor. The term of office for members of the Board of Supervisors is four years,and a Supervisor takes office on the first Monday after January 1 following the election. If a vacancy occurs,the Governor fills the vacancy by appointment,and the appointee holds office until his or her successor is elected. A successor maybe elected at the March primary election if a candidate receives a majority of all votes cast for that office. If no candidate receives a majority,then there is a run-off election at the November general election. However, if the term of the office being vacated expires on the first Monday after January 1st succeeding the general election, no election to replace the appointee is held,and the appointee holds office to the end of the term of the Supervisor who vacated office. The proposed charter(Measure V)would change current general law. Under the proposed charter, if a vacancy occurs in the first three years of a Supervisor's term of office,the Board of Supervisors would be required to call a special election in the district with the vacancy. The charter does not provide for a run-off election,and the person filling the vacancy need not receive a majority of votes. Rather,the person receiving the highest number of votes would fill the vacancy. However,if the vacancy occurs during the fourth and final year of a Supervisor's term of office there would be no election,and the vacancy would be filled by the person receiving the highest number of votes in the Supervisor's district in the March primary election that year. The charter provides that if that person does not assume office,the Board of Supervisors may appoint a successor. If the Board of Supervisors does not appoint a successor,it must call a special election,and the person receiving the highest number of votes would fill the vacancy. The measure supersedes California general law with regard to filling vacancies in the office of Supervisor,but does not affect other general laws of the State of California or County ordinances already adopted by the voters. Future changes to the charter must be submitted to the voters for approval. 30-v1 ARGUMENT IN FAVOR OF MEASURE V REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE V Under existing law, you do not have the right to select your county (Sing to tune of Beverly Hillbillies theme song) supervisor when a vacancy in that office occurs. This is the story of a Supe named Todd, Currently, the Governor in Sacramento makes the appointment as to a local politician lookin'for a better job. who will represent your interests, regardless that appointments are With local politics gettin'to be a real drag, sometimes out of step with the will of the people. Todd went out lookin`for a better payin'bag... This measure calls for one simple and singular act:it allows the citizens So one day his kinfolk's said,"Why don't you get a clue, to vote on vacancies that occur on the Board of Supervisors,nothing more, runnin'for State Assembly is the thing you outta do." and nothing less. In the event a vacancy occurs on the Board of Supervisors,Measure V requires the County to hold a special election. Orange County's done...leave those rubes in the dust, In both principle and practice it follows alongside the important values of put your sights on the Capitol,it's Sacramento or bust... representative democracy,the right of the public to take control of their local So he cranked up his political machine and he made his intentions known, government,while maintaining all general laws provided by the State on the yet this industrious man still knew which way the wind was blowin'. County. Measure V also maintains term limits and provides more local He wanted to leave his own legacy... autonomy for the taxpayer and resident. afterall,who could replace himself better than he? It certainly does not broaden or change the political powers of the So he whittled and he grinned and he cooked up a scheme, County, or alter the governmental landscape. In fact, a broad range of callin'it Measure V,a real career politicians dream... political and business leaders support Measure V.It gets people involved so to contribute to their community. Got a few friends to jump on his boat, Measure V empowers Orange County and determines our future! and they raced to the ballot box and put it to a vote... Measure V protects your right to vote. Please VOTE YES on Measure V. D-e-a-I m-a-k-e-r,smoke filled room... The first thing you know Todd's drawin'a lot of heat, s/Mimi Walters you see his constituents knew Measure V wasn't so neat. Councilwoman,City of Laguna Niguel It was an end run around term limits—an idea that's pretty hot, s/Michael Ward they know it is a scam and that dog won't trot... Councilman,City of Irvine So don't be fooled by this backroom deal, s/Todd Spitzer it's the democratic process these good of boys are tryin'to steal. Member,County Board of Supervisors,Third District This slick plan's just a politician's dream... s/Dana Rohrabacher No on V...stop the politicians scheme. United States Congressman,45th District s/Ed Royce s/Richard F.Taylor,Jr. United States Congressman,39th District Attorney at Law s/David L.Ellis Businessman ARGUMENT AGAINST MEASURE V REBUTTAL TO ARGUMENT AGAINST MEASURE V Vote No on Measure V.It's just a scheme by two politicians to swap jobs. Measure V is only about your right to vote when a vacancy occurs on the Supervisor Spitzer wants to go to Sacramento.A local Assemblyman's term Board of Supervisors. is expiring in the Legislature and he wants to be appointed to the Board of Not surprisingly,the two opponents illustrate why we need the right to vote Supervisors. when a vacancy occurs on the Board of Supervisors. One opponent is a The current method of filling vacancies on the Board of Supervisors has County lobbyist and the other,a special interest attorney.Simply,they are worked well for over 100 years. Many fine Supervisors such as Marian political insiders who don't trust you to make your own choice Bergeson, Tom Riley, and Bill Steiner served us well under the existing We don't need the Governor to decide who represents us on the Board of system. Supervisors. Measure V will stop the political backroom deals that come Measure V does nothing to lower taxes or make government accountable. from Sacramento. A legitimate County charter would have covered many important county Orange County citizens deserve the choice on who will represent their government issues like health care, law enforcement, education, interests on the Board of Supervisors, while preserving term limits! transportation,growth,and support for our schools. That's all Measure V does! Measure V only lets two politicians swap jobs.It's an"end run"to get around Join Orange County Citizens for Local Control, and former Secretary of term limits. Education and Board of Supervisor member Marian Bergeson,along with former appointed Board member William Steiner, who all agree that We need the local control of a legitimate charter that solves our Measure V is good for Orange County. problems—not a charter that solves the political problems of two ambitious politicians. Vote YES on Measure V so that Orange County voters get to choose who represents them-not Sacramento insiders! Measure V was hatched and drafted by county insiders with no citizen input. We deserve better. Defeating Measure V will let all Orange County citizens draft a charter that s/Mimi Walters solves our problems. Councilwoman,City of Laguna Niguel Say No to the political elite.Don't let them do an end run on term limits. s/Mike Ward Councilman,City of Irvine Vote No on V. s/Todd Spitzer Member,County Board of Supervisors,Third District s/Richard F.Taylor,Jr. s/Dana Rohrabacher Attorney at Law United States Congressman,45th District s/David L.Ellis s/Ed Royce Businessman United States Congressman,39th District 30-v2 IMPARTIAL ANALYSIS BY COUNTY COUNSEL MEASURE W This measure would amend the Orange County General Plan("General Plan")with respect to unincorporated land within the El Toro Marine Corps Air Station("MCAS El Toro"), and repeal Measure A, which was adopted by the voters on November 8, 1994, designating much of MCAS El Toro for civil aviation and related uses. Currently, approximately 2,170 acres of land within the approximately 4,700 acre MCAS El Toro site is planned for airport and related uses. Approximately 1,560 acres is currently planned for airport compatible uses,including a regional park and two golf courses. An approximate 970 acre site in the northeastern portion of MCAS El Toro is designated as Habitat Reserve. The measure would amend the General Plan to prohibit the County's use of MCAS El Toro for a civilian airport and to add two new categories of"Open Space"-"Nature Preserve"and"Education/Park Compatible"-applicable only to lands within MCAS EI Toro. This measure would designate unincorporated areas within MCAS El Toro for specified uses. • The northeastern portion would be designated as"Nature Preserve"to permanently preserve natural habitat in accordance with the Central Coastal Natural Community Conservation Plan. Only passive recreational uses would be permitted. • The central and northwestern portions would be designated "Open Space Reserve", including an urban regional park. This could include various recreational and cultural uses. • The southern and southwestern areas would be designated"Education/Park Compatible". This could include educational uses and supporting research and development,including infrastructure improvements,health care,child care and transportation facilities,and housing,to support educational uses. Many of the recreational and cultural uses permitted in the"Open Space Reserve"would also be permitted in the"Education/Park Compatible"area. In the"Open Space Reserve"and"Education/Park Compatible"areas, pending transition to park-compatible development,the measure would permit leasing of MCAS El Toro facilities,agriculture,plant nurseries,material recovery/recycling facilities,recreation,housing and employment. Currently,"Open Space Reserve"land is restricted to open space uses by the General Plan. The measure provides that"open space compatible"uses would also be permissible. "Open space compatible"uses in Open Space Reserve are not clearly defined. "Compatible uses"in Open Space include materials recovery/recycling facilities and low-intensity,high technology,industrial,research and development,office and educational uses and childcare facilities. It is unclear whether"open space compatible"uses are limited to only that Open Space Reserve located at MCAS El Toro. As a result,those"open space compatible"uses described above may potentially be allowed in other areas in the County designated as"Open Space Reserve",if such areas are not otherwise restricted in use. There are currently approximately 120,100 acres of Open Space Reserve in unincorporated Orange County. The measure makes conforming amendments to the other elements of the General Plan. The measure provides that it is retroactive to April 30, 2001 and that it would invalidate any inconsistent activity, land use or project occurring after April 30,2001. The measure provides that it may be amended only by a vote of the people. The above statement is an impartial analysis of Measure W.If you desire a copy of the Measure,please call the Registrar of Voters office at(714) 567-7600 and a copy will be mailed at no cost to you. FISCAL IMPACT STATEMENT Election law limits discussion of fiscal impact to"the amount of increase or decrease in revenues or costs to the county if the proposed measure is adopted." Accordingly,analysis of broader potential economic impacts,while they may be significant,is outside the scope of this statement. Estimating the effect on the County General Fund is difficult because the measure does not set forth specific uses,commit funding or specify a development timeline for the El Toro property. Instead,the measure restricts development to a range of potential uses. The scope of the development resulting from the measure,and the resulting development costs to be borne by the County,while unknown,are likely to be minimal and could be absorbed within existing budgetary resources because: • Competition for County discretionary funds is intense. It is not likely that development of additional recreation venues would be ranked high when compared to other pressing demands for County resources. • A slow paced development could proceed financed primarily by interim uses of existing facilities. An independent consultant determined that approximately 1,162 acres(862 acres for recreational use and 300 acres for education compatible uses)could be developed over a 19-year period at a total County cost of$37 million.Changing the size of the development or its timeline would modify this cost. Costs to the County would be further mitigated because: • The uses permitted by the measure will likely result in the transfer of the property by the Navy at no cost. • Environmental clean-up costs will likely be borne by the Navy. • There is a possibility that the City of Irvine would annex the property—in which case the nature of development and its related costs would be determined and borne by the city. However,the County could elect to refuse transfer of the base from the Navy. If so,the County would remain liable for approximately$11.3 million of operating costs until termination of the interim master lease in 2005. Passage of the measure would eliminate the possibility of accruing approximately$82 million in net General Fund revenues attributable to an airport at El Toro over the next 19 years as projected by the County's Airport System Master Plan.This net revenue assumes an 18.8 million passenger per year airport and 1,273 acres of non-aviation development including approximately 700 acres for recreational uses. A less quantifiable factor affecting any development at El Toro is the unknown level of environmental risks associated with the property.Although the Navy is ultimately responsible for cleanup,there is no required timeline that the Navy must follow.Transfer delays could be caused by requiring a new Environmental Impact Report to be filed if the measure is successful.Revenue and expense projections of either a park or airport development could be greatly affected through delays resulting from the discovery of,undisclosed environmental hazards during construction. s/David E.Sundstrom,CPA Orange County Auditor-Controller 30-w1rr ARGUMENT IN FAVOR OF MEASURE W ARGUMENT AGAINST MEASURE W This election is about our Quality of Life GREAT PARK PROMOTED BY IRVINE A YES vote on Measure W will enhance our quality of life by designating the WILL MEAN A GREAT TAX! former El Toro Marine base for use as a nature preserve,a central park and Don't be misled by proponents'claims that Measure W will not require new for cultural,sports and educational uses. taxes. Measure W is just the first step in Irvine's plans for the Great Park We must not allow the Orange County Board of Supervisors to diminish our they've promoted for the last year.It does more than change zoning. quality of life by allowing a huge, costly, and unnecessary international Every credible expert who's examined the City of Irvine's grandiose airport to be built at El Toro. plans for El Toro agrees building and maintaining a park will require Measure W will create an oasis in the heart of Orange County millions of your tax dollars! It will preserve prime land in the center of Orange County for universities, The Orange County Register called it "the Great Pork" with "gobs of schools, museums, libraries, sports parks, botanical gardens, and a vast taxpayer funds needed to support even the least ambitious use of the Central Park similar to San Diego's Balboa Park.A 1,000 acre undeveloped acreage."And we'll have nothing to show for it for at least 60 years—if ever. nature preserve running through the park will complete a vast open space HOW MUCH WILL YOU PAY FOR GREAT PARK? network and wildlife habitat stretching from the Pacific Ocean to the Vote No on Measure W.The Orange County Taxpayers Association calculates Cleveland National Forest. a 10%countywide property tax increase to pay for Irvine's pie-in-the-sky No new taxes park.Calculate your own tax hike.Need help—www.ocgreatoark.org. Please read the Initiative carefully. Section Two, Paragraph D says "No Former California Auditor General Kurt Sjoberg says, New Taxes.This Initiative does not raise taxes."Interim revenues from the "...tax increases to affected residents...would be severe-roughly$180 existing 1,000 houses,the three million square feet of commercial buildings, million to$240 million per year for 20 years." and the agricultural land will more than pay for maintenance and upkeep of the property. Excess interim revenues, private donations,state park bond What is the Great Park?Proponents are hiding the details.They don't want revenues,and federal park allocations will fund park development on a pay you to know how much it will cost. Even The Irvine World News says: as you go basis. Local taxpayers face absolutely no risk by voting YES on "...county residents deserve to hear just where the money is coming from, Measure W. realistically,to build and maintain a Great Park." Stop the Airport A majority of former Irvine City Council members rejected their own The alternative,an international airport at El Toro would create more traffic, park financing plan, calling it `overly optimistic." One called it increase air pollution, reduce property values,and drive businesses away "misleading junk." from Orange County. A Great Park will drain money from the County's limited budget for police, Measure W is about the future, about hope, about our quality of life, and fire,and schools. about the legacy we will leave to our children.Vote YES on Measure W. Measure W is a scheme to gain control of El Toro. Vote No on Measure W-W for Waste! s/Patricia Bates Stop the Great Tax! Assemblymember s/Chris Norby Fullerton Councilman s/Eunice Cluck President, Irvine Taxpayers s/L.Allan Songstad,Jr. cher Chairman,El Toro Reuse Planning Authority s/Dana,Unite States Member,United States Congress s/Debbie Cook Mayor,City of Huntington Beach M Patsy Marshall Mayor,City of Buena Park s/William G.Kogerman s/Marion Knott President,Orange County Taxpayers for Good Government Businesswoman s/Reed Royalty President,Orange County Taxpayers Association 30-w2r FULL TEXT OF MEASURE DD HUNTINGTON BEACH CITY SCHOOL(DISTRICT The following is the full proposition presented to the voters by the Huntington Beach City School District. "To improve the quality of education, repair existing schools,replace 35 year old roofs and classroom heating and ventilation systems,provide student access to modern technology, upgrade classroom electrical and fire alarm systems, replace deteriorating water and sewer systems, and qualify the District to receive, as available, $16,700,000 in state-matching funds shall the Huntington Beach City School District issue$30,000,000 in bonds at interest rates within legal limits,subject to a citizen oversight committee and independent financial audits?" The Board of Trustees of the Huntington Beach City School District has evaluated safety,class size reduction, and information technology needs in developing the scope of facility projects to be funded.The Board will appoint a citizen's oversight committee and conduct annual independent audits to assure that bond funds are spent only on the following school and classroom improvements and for no other purpose: PROJECTS The District intends to complete the following projects,using a combination of funding sources.It is anticipated that bond proceeds will contribute$30.0 million to said total cost.Other anticipated sources include state matching funds and other available funds. Dwyer Middle School-Built 1934 Renovate classroom interiors,restrooms and support facilities Upgrade fire alarm,site security and safety Replace waterlines and plumbing Improve site sewer,water,electrical,mechanical and drainage systems Repair roof Upgrade classroom electrical systems for better access to technology and computers Sowers Middle School-Built 1971 Modernize classrooms and restrooms Upgrade library and support facilities Upgrade communications and fire alarm systems Replace waterlines and plumbing Improve site sewer,water,electrical,mechanical and drainage systems Upgrade classroom electrical systems for better access to technology and computers Smith School-Built 1951 Modernize classrooms and restrooms Upgrade library and support facilities Improve site sewer,water,electrical,mechanical and drainage systems Upgrade fire alarm,site security and safety Replace waterlines and plumbing Repair roof Upgrade classroom electrical systems for better access to technology and computers Peterson School-Built 1962 Modernize classrooms and restrooms Upgrade library and support facilities Upgrade communications and fire alarm systems Improve site sewer,water,electrical,mechanical and drainage systems Repair roof Upgrade classroom electrical systems for better access to technology and computers Perry School-Built 1964 Modernize classrooms and restrooms Upgrade library and support facilities Upgrade communications and fire alarm systems Replace waterlines and plumbing Improve site sewer,water,electrical,mechanical and drainage systems Upgrade classroom electrical systems for better access to technology and computers Eader School-Built 1964 Modernize classrooms and restrooms Upgrade library and support facilities Improve site sewer,water,electrical,mechanical and drainage systems Repair roof Upgrade classroom electrical systems for better access to technology and computers Kettler School-Built 1971 Modernize classrooms and restrooms Upgrade library and support facilities Upgrade communications and fire alarm systems Replace waterlines and plumbing Improve site sewer,water,electrical,mechanical and drainage systems Repair roof Upgrade classroom electrical systems for better access to technology and computers Hawes School-Built 1973 Modernize classrooms and restrooms Upgrade library and support facilities Upgrade communications and fire alarm systems Replace waterlines and plumbing Improve site sewer,water,electrical,mechanical and drainage systems Repair roof Upgrade classroom electrical systems for better access to technology and computers 30-dd1 (II EIIIII III IIIIIIIIIIIII Moffett School-Built 1974 Modernize classrooms and restrooms Upgrade library and support facilities Upgrade communications and fire alarm systems Replace waterlines and plumbing Improve site sewer,water,electrical,mechanical and drainage systems Repair roof Upgrade classroom electrical systems for better access to technology and computers Huntington Seacliff School-Built 1999 Increase access to technology for classrooms Upgrade hardscape play areas IMPARTIAL ANALYSIS BY COUNTY COUNSEL TAX RATE STATEMENT MEASURE DD MEASURE DD The California Constitution provides that school districts may issue An election will be held in the Huntington Beach City School District on general obligation bonds for the construction,reconstruction,rehabilitation March 5, 2002 to authorize the sale of up to $30.0 million in general or replacement of school facilities,including the furnishing and equipping of obligation bonds of the District to finance the acquisition and improvement of school facilities or the acquisition or lease of real property for school real property for school purposes.If such bonds are authorized and sold,the facilities,with the approval of 55%of the voters of the district,voting at an principal thereof and interest thereon will be payable from the proceeds of election for that purpose. The California Constitution further provides that tax levies made upon the taxable property in the District. The following the bond measure must include a requirement that the bond proceeds will information is provided in compliance with sections 9400-9404 of the be used only for the permitted purposes and other requirements designed Election Code of the State of California. to ensure accountability. 1.The best estimate of the tax rate that would be required to be levied to The Huntington Beach City School District bond measure has proposed fund the bond issue during the first fiscal year after the first sale of bonds to the voters that general obligation bonds of the school district be issued in based on a projection of future assessed valuations is$0.0160 per$100 the amount of $30,000,000 and that ad valorem taxes be levied upon of assessed valuation in Fiscal Year 2002-2003. taxable property in the district to repay the bonded indebtedness. The 2.The best estimate of the tax rate that would be required to be levied to measure provides that proceeds from the sale of the bonds will generally be fund the bond issue during the first fiscal year after the last sale of bonds used for the repair and renovation of school facilities,including modernizing if the bonds are sold in series,and an estimate of the fiscal year in which classrooms and restrooms, upgrading fire alarm systems, replacing water that rate will apply,based on a projection of future assessed valuations is lines and plumbing, improving sewer, water, electrical, mechanical and $0.0160 per$100 of assessed valuation in Fiscal Year 2012-13. drainage systems and repairing roofs. The measure provides that a citizens' oversight committee will be 3. The best estimate of the highest tax rate that would required to be established to ensure that bond proceeds are properly expended and that levied to fund the bond issue and an estimate of the fiscal year in which that rate will apply,based on a projection of future assessed valuations, annual performance and financial audits will be conducted. The measure further provides that bond proceeds will not be used for teacher and is again e in every per cal y of assessed valuation,which is projected to be administrator salaries and other school operating expenses. the same in every fiscal year. Attention The Board of Trustees of the Huntington Beach City School District has all voters t directed the fact that the foregoing District.The based upon called the election for the purpose of submitting the measure to the voters projectionss and estimates only,which ich are not binding upon the within the school district. If 55%of the voters of the district voting on the actual tax rates and years in which they will apply may vary from those measure vote yes,the school district or may proceed to sell the bonds and presently estimated,due f variations from these estimates in the timing of o levy the related taxes as estimated in the Tax Rate Statement. A no vote on bond sales, the amount of bonds sold at any given sale, and the actual assessed valuation over the term of the repayment of the bonds.The actual this measure will disapprove the issuance of the bonds and the levy of the taxes for such bonded indebtedness. time of sales of said bonds and the amount sold at any given time will be governed by the needs of the District and other factors (including market Approval of Measure DD does not guarantee that the proposed rate variations in the interest rate on general obligation bonds).Actual future project or projects in the Huntington Beach City School District that assessed valuation will depend upon the amount and value of taxable are the subject of bonds under Measure DD will be funded beyond the property within the District as determined in the assessment and local revenues generated by Measure DD. The District's proposal for equalization process. the project or projects assumes the receipt of matching state funds, Gary Rutherford, Ed.D which could be subject to appropriation by the Legislature or approval Superintendent of a statewide bond measure. Huntington Beach City School District 30-dd2 III Ililll III IIIIIIIII III ARGUMENT IN FAVOR OF MEASURE DD REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE"DD" Your YES vote on Measure"DD"will have a lasting,positive impact on our Here we go again... schools and community. Passing Measure "DD" will provide improved Here we go again with another poorly drafted tax increase without facilities and allow us to continue providing the children of Huntington adequate accountability from politicians and bureaucrats in Huntington Beach a quality education. Beach. As taxpayers, we agree in the importance of education and the value of quality schools. They just don't get it. MEASURE"DD"MAKES FINANCIAL SENSE BY: While"DD"conforms to minimum standards, it doesn't cut the mustard when it comes to providing real solutions for taxpayers and students. • Improving property values in our community and homes Last June's rejected school bond from the Huntington Beach City School • Making repairs to schools now instead of later when they will only cost District(HBCSD)failed to call for specific projects,site-by-site,for voters to more evaluate. In order to comply with new law, Measure"DD"includes a list. • Making the District eligible to receive$16.7 million in State-matching Judge for yourself whether this is now revealed as a padded"wish-list." funds when available Measure"DD"fails to call for a truly Independent Citizens'Oversight While our schools have served us well over the years, many are now Committee. Last June's rejected school bond refused accountability outdated and need major upgrades.Dwyer Middle School,our oldest,was altogether with no oversight committee.Now they want to handpick cronies first constructed in 1934!The average age of our schools is 35 years.All but on an oversight committee without any independent accountability. What one of them is old enough to meet the State's age requirements for use is that? matching modernization funds. Last year's demands for a Repair&Replacement Reserve in the bond MEASURE"DD"WILL IMPROVE OUR SCHOOLS BY: resolution went ignored. Without the Repair& Replacement Reserve to set aside money for the future,voters should expect bureaucrats to come • Repairing, modernizing, and upgrading classrooms throughout the around again in a few years asking for millions more in increased taxes. District It was only a few years ago that taxpayers were still paying off the last • Replacing roofs,obsolete classroom heating and ventilation systems, HBCSD school bond. When is the next time they'll be back, looking for and outdated fire alarms another bailout? • Upgrading inadequate classroom electrical systems to improve student Measure "DD" is a poorly drafted tax increase without adequate access to classroom computers and technology accountability provisions and it deserves to fail. • Replacing 35 year old water and sewer systems Vote no on"DD"and mark your sample or absentee ballot today. Voting YES will have lasting,positive benefits.Measure"DD"will maintain our schools as a focal point of our community,allow for the continued quality education of our children, and improve the value of our community and s/ Matthew Harper, Governing Board Member, Huntington Beach Union homes. High School District BY LAW,TAXPAYER SAFEGUARDS ARE NOW IN PLACE.MEASURE s/Carl Swan,Parent,Huntington Beach CSD "DD"WILL: s/Cindy Stapleton,Parent,Huntington Beach CSD • Establish a citizens'oversight committee to protect taxpayer funds s/Diane Eastman,President,Huntington Beach Republican Assembly • Require annual independent audits on all Measure"DD"expenditures s/Scott Baugh,former Huntington Beach State Assemblyman • Be used only to improve our children's schools not to pay administrative/teacher salaries INVEST IN OUR COMMUNITY.VOTE YES ON MEASURE"DD"! s/Maureen Pabbruwee Parent Leader s/Stephen K.Bone Business Owner s/Dr.Kenneth D.Yglesias College Educator s/Dr.Neil Campbell Retired Chemical Engineer s/Brian Garland School Board Clerk 30-dd3 ARGUMENT AGAINST MEASURE DD REBUTTAL TO ARGUMENT AGAINST MEASURE DD Measure"DD"is Not the Right Solution. The opposition agrees our schools are old, outdated, and need Vote No On "DD" agrees that facilities should be a priority for the improvements.We agree that a bond is the last solution after"exhausting all other remedies."The District has effectively used all funding sources - Huntington Beach City School District (HBCSD). However, we believe DEVELOPER FEES, STATE FUNDS, DISTRICT ASSETS - MEASURE non-taxing solutions should be used before asking voters for a$30-million DD is the"last solution". school bond paid by increased taxes on property owners plus interest over several decades. THESE ARE THE FACTS: School bonds are a bailout that should only be entertained after districts • DEVELOPER FEES-All fees paid to District"coffers"have been spent have exhausted all other remedies.Politicians and bureaucrats of HBCSD as required by law,to build additional classrooms and provide facilities cannot say they've done this, since their own two appointed committees to accommodate children from new homes. recommended twice the sale of surplus real property. • STATE FUNDS-To access State funds, a local match is required. This proven "asset management"strategy to improve school facilities The District is already approved by the State for matching funds. If worked for neighboring Fountain Valley School District and Westminster Measure DD is successful, the District will receive funding when School District,which hasn't come to voters for a school bond since! available.If not,Huntington Beach may miss out. Unfortunately,this alternative strategy has been blocked on our school • DISTRICT ASSETS - As a result of prudent asset management by board. leasing property and the District's effectiveness in capturing all With the HBCSD demanding fees far beyond state mandate, new available funding sources, the District's tax rate is the lowest of all homeowners in Huntington Beach already paid millions into HBCSD seven Orange County school districts on the ballot. coffers.Where did this money go? • MEASURE DD-"DD"bonds are the most efficient financing solution Take it with a grain of salt when they say a school bond makes the district to improving our schools. 500 California school districts have passed eligible for"state-matching funds".HBCSD missed the boat when it comes bonds including eight in Orange Countv.The average homeowner to receiving money from 1998's statewide school bond, Proposition 1 A. will pay less than$3.75 a month-the price of a movie rental.Measure Funds from Proposition 1 A are gone,and HBCSD failed to take advantage DD is tax-deductible and will improve property values. of them in time. Orange County Treasurer John Moorlach has given Measure DD an HBCSD voters clearly rejected the repeal of the 2/3's accountability vote "A"grade.We think it's an"A"too.VOTE"YES"ON"DD". by a double-digit margin. Instead of acknowledging the will of local voters, Send our children a message that we care enough to provide them the HBCSD politicians placed this bond on the ballot with a lower, facilities they deserve. 55%-threshold option. As citizens like you, we are interested in doing what's right for our community and our children. We oppose the HBCSD's s/Maureen Pabbruwee "tax-now-and-ask-questions-later'proposal. Parent Leader Send the politicians a message to get back to work before digging into s/Stephen K.Bone our pockets. Business Owner Vote No On"DD" s/Dr.Kenneth D.Yglesias http://communities.msn.comNoteNoOnDD College Educator s/Dr.Neil Campbell Retired Chemical Engineer s/ Matthew Harper, Governing Board Member, Huntington Beach Union s/Brian Garland High School District School Board Clerk s/Cari Swan,Parent,Huntington Beach CSD s/Cindy Stapleton,Parent,Huntington Beach CSD s/Diane Eastman,President,Huntington Beach Republican Assembly s/Scott Baugh,former Huntington Beach State Assemblyman 30-dd4 G'�7y Cle,t.< �s V&w -74' co f y �:; �, •. `: Qw 4. S .... ,. j 'EN M F Si Mai rv� "Alt �Q Voter Information Pam het fr r� , ;W, S P AL x A TUESAY ON MARK AND SAVE THIS SAMPLE BALLOT For use at your Polling Place or for voting your "VOTE BY MAIL" Ballot F y t LS P�E N at 7 A'. M . g � F AND CLOSE at 8P� Mg yx The Iota 5 Lion of your Of ac Ll POLLING PLACE Is shown at the bottom of back cover of the County Pamphlet 01, V ¢: Kallot INN ' OTC g� � Bac ofa � AW _ FOREIGN LANGUAGE TRANSLATIONS AVAILABLE Pursuant to federal law,voter information and sample ballots have been translated and are available in the following language(s): If you would like a copy of the translated ballot and sample ballot,at no cost to you, please telephone: The Office of the City Clerk at the phone number listed on the back of this pamphlet. SPANISH: Si usted desea recibir sin costo aiguno una copia traducida de la boleta y de la boleta de muestra, por favor sirvase Ilamar por telefono a la Oficina del Actuario Municipal al numero de telefono que figura en la lista de la cubierta de atras de este folleto. VIETNAMESE: N9U.QUY VI mu N NHAN MIEN PHI LA PHIL VA LA PHIEU MAU DA Dl1dC PHIEN DICH, XIN GQI DIEN THOAI CHO: VAN PHONG THU KY THANH PH8 TAI S6 DIEN THOAI GHI 6 MAT SAU TAI LIEU HUNG DAN NAY i 1 3 l t .d ;j ai I; 1; �s F 4! F i i i i i I 09/2 i C' V I HAVE VOTED-HAVE YOU? A M P L E 4 F F We SUBMITTED TO THE VOTERS B Y$r� HUNTINGTON BEACH CITY SCHOOL DISTRICT A Bonds L IN" To improve the quality of education,repair ex- Yes + t DD isting schools,replace 35 year old roofs and classroom heating and ventilation systems, Bonds + L provide student access to modern technology, No j upgrade classroom electrical and fire alarm systems,replace dete j riorating water and sewer systems,and qualify the District to re O ceive,as available,$16,700,000 in state-matching funds shall the j Huntington Beach City School District issue$30,000,000 in bonds j at interest rates within legal limits,subject to a citizen oversight MMI " ,T; committee and independent financial audits? CITY OF HUNTINGTON BEACH Property Rights Protection Measure.Shall Yes + EE the Charter of the City of Huntington Beach be amended by adding a new section thereto pro- No + k viding that only a property owner can establish the price or terms regarding that property's sale,lease,rental,ex- change or transfer;and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale,lease,rental,exchange or transfer of property(for example, by the adoption of a rent control ordinance)? Creation of Infrastructure Fund.Shall the Yes + Huntington Beach Charter be amended to es- FF tablish an"Infrastructure Fund"with all infra- No + g structure revenues raised, and accrued interest,directed into the Fund;prohibiting the transfer or loan of Fund monies;requiring that General Fund expenditures for infra- structure not be reduced below 15%of General Fund revenues M basedonafive-year rolling average;and requiring that City Council designate an advisory board to annually review and audit the Infra- structure Fund? Advisory Vote Only. Infrastructure Fund. Yes + GG Power Plant Utility Tax.Should the Utility Tax paid solely by an electric power plant be placed No + a into an Infrastructure Fund to be used only for x the maintenance,construction and repair of infrastructure such as storm drains,storm water pump stations,alleys,streets,highways, curbs and gutters,sidewalks,bridges,street trees,landscaped me- dians,parks,beach facilities,playgrounds,traffic signals,street lights,block walls along arterial highways and all public buildings and public ways? Amendment of Gas Tax by Removing Elec- Yes + tric Power Plant Exclusion.Shall the ordi- HH nance repealing the Gas Tax exclusion for No + electric power plants be adopted? 30-E354r E TURN CARD OVER untington Beach • 5 f ,M E E . I . HAD I Hi I'm Chad ! { S 1 4f i ' P• L S: � Chad is neither male nor female and totally non-partisan. Chad comes in different shapes and sizes. Chad has an unusually bad habit { of 'ham ng'around when you don't want it to 3 When you finish voting your ballot, make sure you completely remove all 3 "Hanging Chads" from the reverse side of your ballot. Removing all "Hanging Chads" from your ballot will ensure that your ' 4 Vote will be counted. 09/4 f 'r i i i VOTER INFORMATION -PAMPHLET The following pages contain: BALLOT MEASURES, ANALYSES, ARGUMENTS AND REBUTTALS MEASURES: Some of the following pages may contain proposed.measures, propositions or charter amendments. The portions to be deleted are printed in Vie, and the portions to be added are underlined. ANALYSES: The Impartial Analysis is an impartial summary of the results of the proposed measure or proposition. ARGUMENTS: Arguments and/or rebuttal arguments in support of or in opposition to the proposed Laws are.the opinions.of the authors.and have not been checked,for accuracy by any official agency, Y I f 09/5 FULL TEXT OF MEASURE EE CITY OF HUNTINGTON BEACH A PROPOSAL TO ADD SECTION 803 TO THE CITY CHARTER OF THE CITY OF HUNTINGTON BEACH SECTION 1. Property Rights Protection Measure. The City Charter of the City of Huntington Beach is hereby amended to add a new Section 803 to read as follows: i "Section 803. PROPERTY RIGHTS PROTECTION MEASURE. 3 . (a)The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner.of real property. Any such measure is hereby repealed. (b)The word"mandates"as used in subsection(a)includes any measure taken by ordinance,resolution,administrative regulation or other action of the City to establish,continue,implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered,sold, F leased,rented,exchanged or otherwise transferred by its owner. The words"real property"as used in subsection(a)refer to any parcel of land.or site,either .. _ improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c)This Section 803 shall not apply to: } (1)any real property which contains serious health,safety,fire or building code violations,excluding those caused by disasters,for which a civil or criminal citation,has been issued by the City and remains unabated for six months or longer; (2)any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity,including the City and any of its related agencies, to accept a._financial contribution or other tangible benefit including without limitation; assistance under the Community Redevelopment Law; . (3)any planning or zoning power of the City as relates to.the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4)any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5)any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a trarisient.occupancy tax;or (6)to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law." ## SECTION 2. Title of Proposal to Amend the City Charter: f The proposal to amend the City Charter of the City of Huntington Beach to add a new Section 803 shall be known as the"Property Rights Protection Measure". SECTION 3. Findings and Statement of Purpose of Property Rights Protection Measure: There is strong and.convincing practical evidence which shows that price controls on the sale or rental of any residential accommodation does.nothing to preserve or maintain affordable.housing. In fact the evidence in Southern California appears to show that rent control destroys affordable housing and accelerates development pressures to turn.older properties into new and higher density commercial and so-called"up-scale"housing. To pick just one of i many examples-in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households with children which is larger than any other comparable city in Southern California without rent control. Under rent control,Santa Monica's elderly population(age ± 65 or over)declined by 1.7 percent between 1980 and 1990,whereas the elderly population of Los Angeles County rose by more than 15%over the same decade..The elderly population increased over this period in every comparable city without rent control in Southern California. The result of social experimentation with rent control in Southern California produces the following conclusion: rent control does not provide more or better affordable housing for anyone—especially the elderly and young families. } The imposition of rent control forces some property owners to change the use of their property and this change of use often can result in more development and pressures which cause the destruction of existing neighborhoods. Unnecessary and complicated government interference in private property transactions and homeownerships and rental decisions produces wasteful lawsuits and imposes needless costs on all taxpayers. We the people find that the best means to assure thatour community and neighborhoods are preserved is to protect property rights and to allow owners to make their own decisions about the price and other terms on which they can sell or lease their residential property. SECTION 4. Severability: j If any provision of Section 803 of the City Charter of the City of Huntington Beach,or the application to any person or circumstance is held invalid by a a court of competent jurisdiction,such invalidity shall not affect other provisions or applications of Section 803 which can be given effect without the invalid provision or application,and to this end,the provisions of Section 803 are declared to be severable. IMPARTIAL ANALYSIS BY CITY ATTORNEY ANALYSIS 1 This measure,if adopted by the voters,would add a new Section 803 to the Charter of the City of Huntington Beach(sometimes"City"),entitled the"Property Rights Protection Measure." This measure states,in Section 803,subsection(a),that the City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale,lease,rent,exchange or other transfer by the owner of real property. Section 803,subsection(a)further states that any such measure is hereby repealed. This measure,in Section 803,subsection(b),defines the terms"mandates"and"real property"as used in Section 803,subsection(a). This measure,in Section 803,subsection(c),provides that if adopted by the voters,this Section 803 would not apply to property cited by the City for various code violations;or to property owned by public agencies;or to property where the owner has agreed by contract with a public entity to accept certain financial assistance;or to any planning or zoning power of the City related to the use,occupancy or improvement of real property;or to any real property acquired by the City or its related agencies by eminent domain,purchase,grant or donation;or to any power of the City to require a business license for the sale or rental of real property;or to any dwelling unit or accommodation in any hotel,motel or other facility subject to the transient occupancy tax;or to impair the obligation of any contract entered into prior to its enactment or otherwise required by state law. a CONCLUSION j This measure,if adopted,would clearly impact the City's ability to enact price and rent controls on many privately owned real properties in the City,with certain exceptions as stated above.This measure may also have a currently unknown effect on existing laws and programs. s/GAIL HUTTON,City Attorney 30-eel ARGUMENT IN FAVOR OF MEASURE EE REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE EE To ensure that Huntington Beach homeowners—not politicians— Passage of measure EE gould cause 80,000 Huntington Beach renters to are the only persons who may determine the price for which their face eviction and over 3500 mobile home owners to lose their homes due home is rented,leased or sold,vote YES on Measure EE. to planned,excessive rent increases. Your YES vote on Measure EE is needed because rent control is just Renters throughout Orange County are appealing to their cities for relief around the corner.Consider: from unaffordable rents. • A proposed strict rent control ordinance is being reviewed by our City A NO vote will protect the elderly on fixed incomes, and low or Attorney. moderate-income renters.from the high rents this measure will allow. t City leaders recently commissioned a$50,000 study to determine if • Lower rents allow young families to work and reside in Huntington Beach.. ` mobile home rent control was needed. • Irvine's"longevity discount'program is proof that excessive rents destroy • Rent control advocates have mailed letters to every Orange County city a city's economic health. urging lawmakers to adopt rent control measures. Affordable rents attract and maintain business growth,which increases • Irvine recently approved a"longevity discount"program—,a plan that property values. controls rents. The hypocritical Pro-measure group is begginggovernment help, via s Your Yes Vote Keeps Your Property Values From Declining Prop. 13,and FEMA,yet they are against renters receiving help. • Numerous economic studies confirm that rent control destroys local A NO vote will allow Huntington Beach to comply with 100 other California I housing markets and reduces property values. cities in preventing excessive rents,and will aid in Huntington Beach's • Rent control makes it difficult for property owners in rent control cities to financial,political,and social growth: -acquire emergency loans. After California's catastrophic earthquake in Leading citizens and groups, including Mayor Pro-tem Debbie Cook, 1994,Santa Monica property owners were denied loans from the Federal Council member Connie Boardman, GSMOL.President Steve Gullage, Emergency.Management Agency(FEMA). FEMA officials claimed that Huntington Beach Tomorrow, HBMOA Board member Al Caraccia; and the city's rent control restrictions would prevent property owners from AARP local representative Bill Bernard, are joining us to help Huntington making enough rental income to pay back emergency loans. Beach renters. Your Yes Vote Brings Huntington Beach Into Compliance With VOTE NO ON THIS MEASURE. Thousands of Cities s/James P.Barker,Co-chairman • In 45 states the people preempted local governments from enacting Huntington Beach Renters to Oppose Property Rights.Protection Measure j any form of rent control. • Rent control was preempted in most of these states because existing properties in rent control cities fall into disrepair.They do not generate sufficient income to cover minimal maintenance costs. But Measure EE can keep that from happening here.That's why REBUTTAL TO ARGUMENT AGAINST MEASURE EE f Measure EE is supported by the Howard Jarvis Taxpayers Association, The lone opponent of Measure EE is right about one thing—there is no rent the Huntington Beach Chamber of Commerce, Property Owners For control ordinance in Huntington Beach.And your YES vote on Measure i Property Rights,the Orange County Register.Vote YES on EE. EE will keep it that way! s/Scott-Baugh Measure EE is.not a"mean-spirited attack"on seniors living in mobile home Property Owners for Property Rights and Former Huntington Beach parks.Consider: I Assemblyman Steve Gullage, a senior citizen and president of the Huntington a s/Dana Rohrabacher Beach Mobilehome Owners Association chose not to sign the Huntington Beach Congressman ballot argument against Measure EE.A taxpayer-funded city study s/Donna L.Cross found that three out of four mobile home park residents believe-that Huntington Beach Community Activist their space rent is fair. s/Jon Coupal The Howard Jarvis.Taxpayers Association — an organization President;Howard Jarvis Taxpayers Association which kept millions of seniors from losing their homes because they could not afford to pay their skyrocketing property taxes s/Don MacAllister urges your YES vote on Measure EE. Former Huntington Beach Mayor A Cal State Fullerton study commissioned by the City Council in,2001 found that the average,.mobile home space rent.in Huntington ARGUMENT AGAINST MEASURE EE Beach is$145 below the Orange County average. This.measure is proposed and financed by wealthy owners of Huntington The public and private sectors have established rent subsidy programs Beach.mobile home parks and other outside special interest groups.It is a for the few seniors who need assistance with their space rent. mean spirited attack on mobile home residents,the majority of whom are senior citizens who.live on fixed retirement incomes.This is the same ploy Measure EE does NOT"remove the city's ability to stop rent gouging." that failed in 1996 when mobile home park owners tried to pass a statewide Your YES vote on Measure EE enables the city council to stabilize measure to prohibit all cities in the state from protecting citizens from rents in natural disaster emergencies. unreasonable rent increases. The free market is serving.Huntington Beach property owners well The city currently has no rent control ordinance. The proponents of this especially seniors living in mobile home parks.Your YES vote on Measure measure are trying to scare you by implying thatmithout this measure,the EE ensures that the free market will continue to operate free from city will interfere with the sale of your property.Nothing could be further from government interference. the truth. s/Scott Baugh What this.measure will do is remove the city s ability to stop rent gouging,if Property Owners for Properly Rights and Former Huntington Beach necessary,by the mobile home park owners. If the measure passes,and Assemblyman the city loses its ability to protect our senior citizens from excessive rents, s/Donna L.Cross our seniors who own their mobile homes will lose them, as space rents Huntington Beach Community Activist spiral out of:oontrol. s%Jon Coupal VOTE NO ON THIS MEASURE! President,Howard Jarvis Taxpayers Association Sincerely, s/Don MacAllister s/James P.Barker,Co-chairman Former Huntington Beach Mayor. Huntington Beach.Renters to Oppose Property Rights Protection.Measure 30-ee2 FULL TEXT OF MEASURE FF IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE FF Section 617 of the Charter of the City of Huntington Beach is hereby added ANALYSIS to read as follows: This measure,if approved by the voters,would add a new Section 617 to the Section 617. INFRASTRUCTURE FUND Charter of the City of Huntington Beach,to create what is called and defined (a)All revenue raised by vote of the electors or imposed by vote of the as the"Infrastructure Fund." City Council on or after March 5,2002,by a measure which states that the This measure: revenue.to be raised is for the purpose of infrastructure,as said term is . States that all revenue raised by vote of the electors or imposed by vote "Indefined..in this paragraph, shall be placed in a separate fund entitled of the City Council on or after March 5,2002,by a measure which states capital Fund." The term "Infrastructure" shall mean long-lived that the revenue to be raised is for the purpose of infrastructure,shall be capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm placed in a separate fund entitled"Infrastructure Fund." drains, storm water pump stations, alleys, streets, highways, curbs and Defines the term"Infrastructure"to mean long-lived capital assets that gutters,sidewalks,bridges,street trees,landscaped medians,parks,beach normally are stationary.in nature and normally can be preserved for facilities,playgrounds,traffic signals,street lights,block walls along arterial significantly greater number of years, such as and including storm highways, and all public buildings and public ways. Interest earned on drains,storm water pump stations,alleys,streets,highways,curbs and monies in the Infrastructure Fund shall accrue to that account. Monies in gutters, sidewalks, bridges,street trees, landscaped medians, parks, said Fund shall be utilized only for direct costs relating to infrastructure beach facilities, playgrounds, traffic signals, street lights, block walls improvements or maintenance,including construction,design,engineering, along arterial highways,and all public buildings and public ways. project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or Provides that all interest earned on monies in the Infrastructure Fund otherwise encumbered for any other purpose. shall accrue to that account. (b) Revenues placed in the Infrastructure Fund shall not supplant States that monies in the Infrastructure Fund shall be utilized only for existing infrastructure funding. The average percentage of general fund direct.costs relating to infrastructure improvements or maintenance, revenues utilized for infrastructure improvements and maintenance,for the including construction,, design, engineering, project management, five-(5)year period of 1996 to 2001,is and was 14.95%. Expenditures for, inspection,contract administration and property,acquisition. infrastructure improvements and maintenance,subsequent to 2001, shall States that monies in the Infrastructure Fund shall not be transferred, not be reduced below 15%of general fund revenues based on a five-(5) loaned or otherwise encumbered for any other purpose. year rolling average. • States that revenues placed in the Infrastructure Fund shall not (c)The City Council shall by ordinance establish a Citizens Infrastructure supplant existing infrastructure funding. Advisory Board to conduct an annual review and performance audit of the . States that the average percentage of general fund revenues utilized Infrastructure Fund and report its findings to.the City Council prior to for infrastructure improvements and maintenance,for the five-(5)year adoption of the following fiscal year budget. period of 1996 to 2001,is and was 14.9%;and then further states that ARGUMENT IN FAVOR OF MEASURE FF expenditures for infrastructure improvements and. maintenance, subsequent to 2001,shall not be reduced below 15%of general fund This Measure guarantees that 15% of all general fund revenues will be revenues based on a five-(5)year rolling average. spent on 'infrastructure improvements.This Measure also provides that a Directs the City Council to, by ordinance, establish a Citizens citizens committee will conduct an annual review and performance audit of Infrastructure.Advisory Board to conduct an annual review and the fund; thereby further guaranteeing that these funds will be spent on performance audit of the Infrastructure Fund and to report its findings to infrastructure and nothing else. A yes vote will cost you nothing. It will the City Council prior to adoption of the following fiscal-year budget. however guarantee an allocation of ongoing income to infrastructure. CONCLUSION Few cities in the United States have addressed their infrastructure issues. Huntington Beach has addressed this issue through a 60-citizen This measure, if approved by the voters, would change existing law by infrastructure committee.It is the recommendation of that citizens committee adding a new section to the City's Charter creating the Infrastructure Fund. that this Measure be passed so we will adequately fund our future s/GAIL HUTTON,City Attorney infrastructure needs.A yes vote on this Measure will help fund streets,curbs, 1 sidewalks,gutters,and storm drains.Vote yes on Measure FF. f s/Pam Julien Houchen,Mayor,City of Huntington Beach ARGUMENT IN FAVOR OF MEASURE GG s/Debbie Cook,Mayor Pro Tem,City of Huntington Beach s/Connie Boardman,Council Member,City of Huntington Beach A yes vote on this advisory measure will send a message to the City Council f s/Shirley Dettloff,Council Member,City of Huntington Beach that the citizens want the proceeds from the utility tax on the AES Plant to be ? s/Peter Green,Council Member,City of Huntington Beach spent toward meeting the city's infrastructure improvements needs. No argument against this measure was submitted. A.60-person citizen committee recently completed a 27-month study on how Huntington Beach can address our infrastructure needs.Infrastructure IMPARTIAL ANALYSIS BY CITY ATTORNEY includes local.sewer and drainage systems, streets, curbs, gutters, sidewalks,parks,beaches,and public alleys. ` MEASURE GG Huntington Beach is one of the few cities in the United States to address this CITY OF HUNTINGTON BEACH problem in a comprehensive,manner_ The citizen report shows that the ANALYSIS financial need for infrastructure improvements and maintenance,is real. This need for new revenue is due,in part,to the past actions of our State This measure is an advisory measure only. The City Council is not bound Government, beginning in 1993, and continuing to the present day, of by the results of the vote whether such vote is either for or against the annually diverting $7,000,000 of City property taxes to fulfill State measure. Government responsibilities. This measure poses the question of whether the utility tax paid solely by an Let's all pull together to ensure that our infrastructure system(the heartbeat electric power plant should be placed into an Infrastructure Fund to be used of Huntington Beach),which we all rely on in our daily lives,is adequately only for the maintenance,construction and repair of infrastructure such as funded to meet the community's present and future needs. Together, we storm drains,storm water pump stations,alleys,streets,highways,curbs can build a healthy community!Vote yes on this advisory measure. and gutters,sidewalks,bridges, street trees,landscaped medians,parks, s/Pam Julien Houchen,Mayor,City of Huntington Beach beach facilities,playgrounds,traffic signals,street lights,block walls along s/Debbie Cook,Mayor Pro Tem,City of Huntington Beach arterial highways and all public buildings and public ways. s/Ralph H.Bauer,Council Member,City of Huntington Beach CONCLUSION s/Shirley Dettloff,Council Member,City of Huntington Beach This measure would have no effect on existing law and would operate as an This Green,Council Member,City of Huntington Beach advisory vote only. No argument against this measure was submitted. 30-fg ` FULL TEXT OF MEASURE HH IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE HH i First.Section 3.36,010 of the:Huntington Beach Municipal Code is hereby ANALYSIS amended to read as follows:_ This measure,if approved by the voters,would have the effect of requiring 3.36.010 Definitions. Except where the context otherwise requires, the an electric power plant to pay the same utility tax as do residents and I definitions given in this Section govern the construction of this chapter: businesses of the City of Huntington Beach. t (a)"City"means the City of Huntington Beach. This measure,if approved by the voters,would operate in the following two (b)"Month"means a calendar month. respects: 1.It would amend Huntington Beach Municipal Code Section 3.36.010,by (c)"Person"means any domestic or foreign corporation,firm,association, deleting the definition of"electrical corporation"from the list of definitions syndicate,.joint stock company, partnership of any kind,joint venture, contained in subsection club,Massachusetts business or common law trust,society,individual or (g)of Section 3.36.010_ municipal corporation. 2.It would amend Huntington Beach Municipal Code Section 3.36.080,by ( deleting subsection (b), renumbering subsection (c) to subsection (b), d) "Service supplier" means any entity which receives taxes paid and and renumbering subsection(d)to subsection(c). remits same as.imposed by this chapter. { The most important change would be the deletion of subsection (b) from (e)"Service user"means a person required to pay a tax imposed by this Section 3.36.080. Subsection(b)of Section 3.36.080,as it presently exists, chapter. excludes, from the utility tax, "charges made for gas to be used in the (f)"Tax Administrator"means the Finance Director of the City. generation of electrical energy by an electrical corporation." (g) "Telephone corporation, e1whical cuipaia , gas corporation, and CONCLUSION water corporation"shall have the same meanings as defined in Sections This measure, if approved by the voters, would change existing law by 234,2tS,222,and 241 respectively,of the Public Utilities Code of the deleting the exclusion presently enjoyed by an electric power plant from State of California, as said Sections existed on January 1, 1970. paying the same utility tax as do residents and businesses of the City of "")ater corporation"shall be construed to Huntington Beach. - include any organization,municipality or agency engaged in the selling or supplying of water to a service user.I tumu ,,as s/GAIL HUTTON,City Attorney Second. Section 3.36.080 of the Huntington Beach Municipal Code is hereby amended to read as follows: 3.36.080 Gas tax—Exclusions. There shall be excluded from the base on which the tax imposed in this Section is computed: (a)Charges made for gas which is to be resold and delivered through mains or pipes; "b)Charges made by a gas public utility for gas.used and consumed in the conduct of the business of gas public utilities;and (ti)(c)Charges for gas used in water pumping by water corporation. 30-hh1 !i :F ARGUMENT KFAVOR OF MEASURE HH REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE HH Vote yes on Measure HH because it will keep your.taxes down.By voting We've spent our careers opposing higher taxes here in Orange County. yes,you are voting to end the tax exemption the AES Corporation enjoys for Take our word for it-Measure HH is a double tax that will increase utility bills the natural gas it consumes to.produce.electncity. The AES plant is ugly, for Huntington Beach residents. pollutes our air;and our ocean: Any cost to AES will be passed on primarily The City Council wants you to believe Measure HH isn't a tax increase. to people outside of Huntington Beach. That's ridiculous.It's just another attempt by the city to collect more,taxes j A yes vote for this Measure will make AES pay their fairshare.of city costs from residents.In fact,the city was recently sued for collecting illegal taxes_ j that occur by virtue of their presence: The AES plant has been a blight on a Huntington Beach for over 40 years :Isn't it about time it contributes to our When Huntington Beach's utility tax was adopted,AES was exempted to city avoid'double-taxing businesses and residents.The threat of double taxation is as true today,as it was then.That's why you should oppose Measure HH. In the last election on this measure,AES spent nearly$300,000-to defeat it. If this.irresponsible measure passes, residents will.be taxed twice for Don't be fooled again. Vote yes on Measure HH. electricity-.first on their utility bills and again when taxes are passed on to consumers: s/Pam Julien Houchen,Mayor,City of Huntington Beach Huntington Beach doesn't need another hidden tax. Instead, it needs a s/Debbie Cook,Mayor Pro Tem,City of Huntington Beach council that spends tax dollars efficiently with accountability for how local tax j dollars.are spent.: s/Ralph H.Bauer,Council Member,.City of:Huntington Beach Two years ago voters overwhelmingly rejected an identical proposal put on st Connie Boardman,Council Member,City of Huntington Beach the ballot by the city council-Measure Q.Now,the council wants voters to believe Measure HH is different.It isn't.Measure HH is an unfair double tax ! s/Peter Green,Council Member,City of Huntington Beach on Huntington Beach residents. i With California's energy crisis,now is not the time to raise electricity rates. ? We need lower electricity rates,not higher ones. Please.join the National Taxpayers Alliance and us and vote no.on Measure j HH. i Vote"NO"on Measure HH a hidden"double tax"that will raise local utility bills.. j 9 s/Reed Royalty President OC Taxpayers Association s/Dana Rohrabacher Member of Congress s/Scott Baugh Former Assemblyman,Huntington Beach ARGUMENT AGAINST MEASURE HH REBUTTAL TO ARGUMENT AGAINST MEASURE HH Don't be fooled. Measure HH is an unfair"double tax"that will raise your The Argument against Measure HH is just plain poppycock.The residents of utility rates. Huntington Beach will not be taxed twice for electricity since most,if not all, If this irresponsible measure passes, Huntington Beach residents will be of the electricity will be sold outside of Huntington Beach. And while the taxed twice for your electricity-first on your utility bills and again when the power is sold elsewhere,we,the residents,are left with all the aggravation. added taxes are passed on to consumers. Let the people outside of Huntington Beach pay for your roads,flood control channels,parks,libraries,beaches,curbs,gutters and sidewalks. Measure HH is not only a"double tax,"it's a"hidden tax"proposed by the A vote for Measure HH will keep your taxes and fees down since Measure city council. HH will generate over$2 million annually directly to Huntington Beach from The National Taxpayers Union reports that each year,every man,woman the unsightly AES Plant, thus requiring less in fees and taxes from and child in America already pays$60 in hidden utility taxes-$240 for the Huntington Beach residents for other city services. average family. When you dial 911,you want police,firefighters,and paramedics to be there Huntington Beach doesn't need another hidden tax increase. But that's within five minutes.When you send your child to school,you want to make what the city council is doing with Measure HH-and it isn't the first time. sure they get there safely.When you go to the beach,you want a trained Just two years ago voters overwhelmingly rejected the identical proposal- lifeguard watching over you.When you venture into the community to visit Measure Q.But the city council is hoping voters will believe Measure HH is your parks and libraries,you want them to be open.Measure HH will help do better.Itisn't.Measure HH is an unfair tax on Huntington Beach residents. this. Measure HH is good for Huntington Beach, but what is more. . important—it is good for you.Vote yes on Measure HH and keep your fees Please join the National Taxpayers Alliance and us and vote no on Measure and taxes down. . HH. s/Pam Julien Houchen,Mayor,City of Huntington Beach We need to lower our utility rates,not raise them.Please join us in opposing s/Debbie Cook,Mayor Pro Tern,City of Huntington Beach Measure HH-a hidden"double tax"that will raise local utility bills. s/Reed Royalty s/Ralph H.Bauer,Council Member,City of Huntington Beach President s/Peter Green,Council Member,City of Huntington Beach OC Taxpayers Association s/Dana Rohrabacher Member of Congress. s/Scott Baugh Former Assemblyman,Huntington Beach 30-hh2rr Mark your calendar . f . . . don 't forget! S MARCH 2O02 fi y�a p t Sun Mon Tue Wed Thu Fri Sat H 1 2 r { 3 4 5 6 7. 8 9. Y 10 11 13 14 15 16 e 17 18 19 20 21 22 23 �i .e m m fe <e 24 25 26 27 28 29 30 3d sit io -re es 09/11 POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P:M. NOTE: Your POLLING PLACE LOCATION, the COMPLETE SAMPLE BALLOT, and the ABSENTEE VOTER APPLICATION are being mailed under separate cover as required by the COUNTY REGISTRAR'S OFFICE, which is conducting this election. OFFICE OF THE CITY CLERK CITY HALL, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 PRSRT STD 714/536-5227 U.S. POSTAGE PAID DDI 92831 BALLOT TYPE CAOR09