HomeMy WebLinkAboutMarch 2, 2004 - Special Election - Charter Amendment Petitio Council/Agency Meeting Held: zzzov
D ferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied ce City C 's i ture2
Council Meeting Date: 4/5/2004 Department ID Number: CK2004-3
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
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SUBMITTED BY: Connie Brockway, City Clerk1� o J_
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PREPARED BY: Connie Brockway, City Clerk .I
SUBJECT: Adopt Resolution No. 2004-17 Reciting the Facts of the SOW&
Municipal Election and Declaring Results — March 2, 2004-1--7 v
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Resolution No. 2004-17 recites the facts of the Special Municipal Election held in Huntington
Beach on the 2nd day of March, 2004, 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. 2004-17 — `A Resolution of the City Council of the City of Huntington
Beach, California, Reciting the Facts of the Municipal Election Held on. March 2, 2004 '
Consolidated with the County of Orange Declaring the Results and Such Other Matters as
Provided by Law."
Alternative Action(s): Not Applicable.
REWEST FOR CITY COUNCIL ACTION
MEETING DATE: 4/5/2004 DEPARTMENT ID NUMBER: CK2004-3
Analysis: The March 2, 2004 Municipal Election showed a 43.8% overall turnout. The total
number of registered voters was 116,391.
Environmental Status: Not Applicable.
Attachment(s):
City Clerk's
. - Number
1. Resolution No. 2004-17 with Exhibits - Certificate of Registrar of Voters
to Results of the Canvass of the Election Returns and Orange County
Statement of Votes.
RCA Author: Brockway/Ehring
2004-3 certification election results march 2004 -2- 3/31/2004 1:10 PM
HM N
RESOLUTION NO. 2004-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, RECITING THE
FACTS OF.THE SPECIAL MUN ICIPAL1 ELECTION HELD
ON MARCH 2, 2004, 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 2, 2004, 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, the County Election Department canvassed the returns of the
election and has certified the results to this 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 except
absent voter ballots was 32,054.
That the whole.number of absent.voter ballots cast in the City was.18,936,
making a total of 50,990 ballots cast in the City.
SECTION 2. That the measure voted upon at the election is as follows:
MEASURE E: Shall the Huntington Beach City Charter be amended, effective
with the November 2004 General Municipal Election, to provide for: (1) electing five
councilmembers instead of the current seven members; (2) dividing the city into five
separately elected council districts, instead of the current citywide vote; and (3) imposing
an eight-year (two four-year terms) lifetime limit on a councilmember's term of office,
instead of the current limit of two consecutive four-year terms?
SECTION 3. That the number of votes given at each precinct and the number
of votes given in the City for and against the measure is 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 measure
relating to E=City of Huntington Beach, City Council by District did not vote in favor
of it, and that the measure was not carried, and shall not be deemed adopted and
ratified.
SECTION 5. The City Clerk shall enter on the records of the City Council of the
City, a statement of the results of the election, showing: (1)The whole number of ballots
cast in the City; (2)The measure voted upon; (3)The number of votes given at each
precinct for and against the measure; and (4) The total number of votes given for and
against the measure.
Reso No.2004-17 Declaring Results Marc 2004.doc
Resolution No. 2004-17
SECTION 6. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON April 5 2004
APPROVED AS TO FORM:
3� o
City Attorney M r
INITIATED AND APPROVED: ATTEST:
Boo —0,04
City Clerk City.Clerk
Reso No.2004-17 Declaring Results Marc 2004.doc
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CERTIFICATE OF REGISTRAR OF VOTERS TO RESULT
OF THE CANVASS OF THE ELECTION RETURNS
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
I, Steven P. Rodermund, 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 2, 2004.
CITY OF HUNTINGTON BEACH
MEASURE E
YES 17,876
NO 30,691
PRECINCT.BALLOTS CAST:• 32,054
ABSENTEE BALLOTS CAST: 18,936
TOTAL BALLOTS CAST: 50,990
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 29th day of March, 2004.
isu
4fVEdNP. ROD RMUND
Registrar of Voters
• Orange County
3/26/2004 1:57:13PM O Orange County Statement of Votes O Page 1123 of 1132
March 02,2004
82 E-City of Huntington Beach,City Council by District
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0032100 - 646 172 26.6 -----" - 62 ----94 -
0032101 546 402 73.6 140 232
0032102 �522 287 55.0 106 161
0032103 989 191 19.3 68 114
0032106 756 271 35.8 95 160
0032109 797 454 57.0 191 238
D032110 814 333 40.9 _ 126 202 f
G032139 263 121 46.0 67 50 1
0032140 581 358 61.6 159 185 f
0032141 1027 526 51.2 190 307
0032142 869 420 48.3 161 241
0032143 530 700 '132.1 286 357
0032144 701 359 512 140 -.202
0032145 944 491 52.0 .139 343
0032146 979 436 44S 168 '236'
0032147 492 200 40.7 93 97
0032149 802 414 51.6 144 237
0032150 867 465 516 136 301
0032151 482 139 28.8 54 .75
D032152 1083 286 26A 109 161
0032153 711 357 50.2- 123 222
0032154 788 404 51.3 J� 150 236
0032155 691 385 55.7 172 199
0032157 797 781 98.0 229 509
0032158 774 435 56.2 163 248
0032159 861, 176 20A 67 107
0032160 1110 279 25.1 109 157
0032161 978 330 33.7 97 209
0032162 515 324 62.9 111 203
0032163 545 301 55.2 85 196 _
0032165 1057 432 40.9 122 296
0032166 684 331 48A 114 205
0032167 722 236 32J 81 141 f
0032169 1006 360 35.8 111 230
0032170 638 461 72.3 157 284
0032171 971 599 61.7 229 349
0032173 807 311 '38.5•• - 107 190
0032174 940. 316 40.0 .119 241
_0032175 933 545 58A �147 375 _
0032176 931 590 63.4 158 414
0032177 994 301 30.3 129 154
0032178 771 158 20.5 58 _ 90
0032179 932 520 55.8 171 325
0032180 .897 620 69.1 210
0032182 862- 422 49�0 147
0032184 847 363 42.9 137 216F�
0032186 917 404 44.1 140 249
0032188 933 435 46.6 119 299 _
0032190 650 345 53.1 119 208
0032191 757 375 49.5 132 215
0032193 803 410 51.1 113 272
0032194 1044 324 31.0 110 190
0032195 1048 364 34.7 100 243
0032196 1001 266 26.6 93 156
0032197 996 473 47.5 158 301
0032198 577 316 54.8 142 167
D032200 950 561 59.1 200 339
0032204 515 219 42.5 93 113
0032205 446 221 49.6 101 112
0032207 1013 488 48.2 164 303
0032208 1085 597 55.0 -256 319
0032209 -748 409 54.7'_ 163 226 - fl
0032232 903. 334 .370, _ 115 205
0032247 1D28 541 52-6 192 321
0032265 778 326 41.9 128 188
0032266 _ 759 453 59.7 155 265
OM2267 629 592 94,1- 216 356
0032269 690 631 91.4 240 366
0032270 829 457 55.1 154 286 _
0032278 745 182 24.4 71 93
0032280 758 313 41.1 106 202
0032282 758 313 41.3 106 184
3/26/2004 1:57:13PM O Orange County Statement of Votes O Page 1124 of 1132
March 02,2004
82 E-City of Huntington Beach,City Council by District
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0032283 766 350 45.5 118
0032285 591 333 56.3 121 205
0032286 919 144 '15.7 69 67 - -
0032287 1008 433 43.0 113 298
0032289 404 98 24.3 46 50
0032290 577 278 48.2 95 162 _ {{
0032293 657 320 48-7 103. 213
0032295 933 226 24.2 W - 150
0032300 _ 285 144 50.5 65 71
0032301 932 167 17.9 �54 107
0032302 696 367 52.7 146 206
0032303 772 376 48.7 140 222
0032305 894 453 50.7 132 300
0032306 851 372 '43J 75 281
0032307 859„ 366 42.6 ,102 251
0032308 779 488 62.6 169 306
0032309 845 382 45.2 127 232
0032312 544 180 33.1 62 109
0032319 1012 607 60.0 '243 334
0032320 -755 278' 36.8. 106 159
0032321 546. 327 59.9 114 203
0032323 993 342 34.4 115 211
0032324 1089 120 11.0 44 68
0032325 849 385 45.3 173 198
0032328 550 443 80.5 114 31$ 1
0032329 - 809 486 60.1 160 318 . 13
_0032333 1085 . 403 ._37.1 134 256 _ -
0032335 1037 402 38.8 160 189
0032337 643 60 9.3 23 35
0032338 996 308 30.9 107 183
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0032340 489 220. 45.0 74 - 140
0032341 1065 380 35.7 104 ; 257
0032343 904 476 52.7 147 306
0032345 725 382 52.7 141 227
0032346 613 121 19.7 42 71
0032347 599 315 52.6 129 174
6032 448 615 269`. 43,7 116 - 146'
0032349 888 21* '`272 86 117
0032351 886 408` 46.0 _ 151 243
0032352 1004 518 51.6 224 266
0032354 848 473 55.8 136 321
_0032355 739 424 57.4 134 275 _
0032356 710 i77 24-9 72 94
0032358 972 '377 38.8 132 219
0032361 930 268 28:8 85 168
0032362 183 78 42.6 35 38
0032365 950 607 63.9 172 400
0032366 852 358 42.0 _ 130 212
0032367 - 788 319` 40.5 121 ., '187 -
0032369 825 -350 42.4 120 211
0032370 904 237 26.2
0032371 781 339 43.4 119 209 ^
0032375 874 440 50.3 174 252
0032376 887 241 27.2 86 140
0032378 1118 259 23.2 91 149 _
0032379 789 176 2Z3 56 107
0032383 1071 230 21.5 80 131
0032385 802 139 17.3 58 65
0032388 520 65 12.5 24 39
0032390 720 248 34.4 83 157
�0032392 856 518-' 60.5 1.72 329
0032393 951 469 49.3 140 312
0032395 653 '145 222 53- , 79 -
0032398 1074 239 22.3 89 133
0032399 340 194 57.1 60 129
0032400 909 _ 204 22.4 78 113 _
0032401 774 384 4i - 158 200 - 1
0032408 1114 221 _ 19-8 74 129 1
0032411 536 293 54.7 97 7Z3 -
0032412 M 965 576 59.7 208 344
0032413 896 346 38.6 107 228
0032414 540 264 48.9 103 147
3/26/2004 1:57:13PM O Orange County Statement of Votes O Page 1125 of 1132
March 02,2004
82 E-City of Huntington Beach, City Council by District
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0032415 607 342 56.3 69 _ 258
0032416 882 255 28.9 101 143 f
Eady Voting Totals 116391 294 0.3 208
Absentee Totals 116391 18642 16.0 10800
Grand Total Totals 116391 50990 43.8 30691
3/26/2004 1:57:13PM O Orange County Statement of Votes O Page 1126 of 1132
March 02,2004
"'Early Voting Totals E-City of Huntington Beach,City Council by District
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c,ra ----294 -43.8 78 --- 208 - ----- - -- --- - --- ------ -- - - -
46th'C County �i i — 116391
46th Congressional District 116391 294 43.8 78 208
35th Senate District 116391 _294 43.8 78 208
67th Assembly District 116391 294 43.8 .�78 208
2nd Supervisorial District 116391 294 43.8 78 208
Huntington Beach 116391 294 43.8 78 208
Early Voting Totals 116391 294 0.3 78 208
3/26/2004 1:57:13PM 0 Orange County Statement of Votes O Page 1127 of 1132
March 02,2004
"`Absentee Totals E-City of Huntington Beach,City Council by District
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Orange County 116391-- -18642 43.8 7040 10800 - (
46th Congressional District 116391 18642 43.8 7040 10800
35th Senate District 116391 18642 "43.8_ 7040 10800 -�
67th Assembly District !� 116391 �18642 43.8 7040 10800
2nd Supervisorial District 116391 18642 43.8 7040 10800
Huntington Beach 116391 18642 43.8 7040 10800
Absentee Totals 116391 18642 16.0 7040 10800
3/26/2004 1:57:13PM O Orange County Statement of Votes a Page 1128 of 1132
March 02,2004
•"Grand Totals E-City of Huntington Beach,City Council by District
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orange County 116391 M 50990 43.8' -17876
46th Congressional District 116391 50990 43.8 17876 30691
35th Senate District 116391 50990 43.8 17876 30691 _
67th Assembly District 116391 50990 43.8 17876 30691
2nd Supervisorial District 116391 50990 43.8 17876 30691
Huntington Beach 116391 50990 43.8 17876 30691
Early Voting Totals 116391 294 0.3 78 208
Absentee Totals 116391 18642 16.0 7040 10800
Grand Total Totals 116391 50990 43.8 17876 30691
Res. No. 2004-17'
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 an regular meeting thereof held on the 5th
day of April, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Houchen
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-offici Clerk of the
City Council of the City of
Huntington Beach, California
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Clerk
SUBJECT: Resolution No. 2004-17 Declaring Results of Municipal
Election Held 3/2/04
COUNCIL MEETING DATE: April 5, 2004
RCA ATTACHMENTS 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 Attorney) 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
Findings/Conditions for Approval and/or Denial I 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:
Only)(Below Space For City Clerk's Use
RCA Author: Brockway
STEVEN P. RODERMUND
Registrar of Voters
• ;:-�_ w-"' .n. Mailing Address:
P.O. Box 11298
Santa Ana, California 92711
REGISTRAR OF VOTERS
1300 South Grand Avenue, Bldg. C
Santa Ana, California 92705
(714)567-7600
TDD(714)567-7608
FAX(714)567-7627
wvvw.oc.ca.gov/election
March 29, 2004
o c
Zo
Connie Brockway
City Clerk
City of Huntington Beach
P.O. Box 190
7 j
Huntington Beach, CA 92648 -
Dear Ms. Brockway:
Enclosed is the certification of the statement of the vote, a copy of the abstract of
votes cast for the election held on March 2, 2004.
If you have any questions, please call me at (714)-567-7567.
Ve truly yours,
Suzanne YOU
psky
Assistant Registrar of Voters
Primary Election OFFICIAL BALLOT
Orange County
March 02, 2004 Precinct 0032100--N-P
Instruction Note: C-Hunt. Beach Union High School District Bond
Please use a black or blue ink pen to mark your choices on the ballot. NEIGHBORHOOD SCHOOL SAFETY/REPAIR MEASURE.To
To vote for your choice in each contest,completely fill in the box repair/upgrade neighborhood schools,classrooms,restrooms,libraries
provided to the left of your choice. To vote for a write-in candidate, at all Fountain Valley,Westminster,Huntington Beach high schools;
completely fill in the box provided to the left of the words'Write-in" install/repair fire alarms/security systems;repair leaking roofs,cracked
and write in the name of the candidate on the line provided. walls,plumbing,electrical systems;improve seismic safety;stabilize
sinking buildings;build new classrooms to replace old
MEASURES SUBMITTED TO THE VOTERS portables/reduce overcrowding;and remove asbestos/lead paint,shall
STATE Huntington Beach Union High School District issue$238,000,000 in
bonds,at legal interest rates,with independent audits,citizens'
55-Public Education Fac. Bond Act of 2004 oversight,and no money for administrators'salaries?
KINDERGARTEN-UNIVERSITY PUBLIC EDUCATION FACILITIES Yes
BOND ACT OF 2004.This twelve billion three hundred million dollar
($12,300,000,000)bond issue will provide funding for necessary NO
education facilities to relieve overcrowding and to repair older schools.
Funds will be targeted to areas of the greatest need and must be spent
according to strict accountability measures.Funds will also be used to CITY
upgrade and build new classrooms in the California Community E-City of Huntington Beach, City Council by District
Colleges,the California State University,and the University of Shall the Huntington Beach City Charter be amended,effective with
California,to provide adequate higher education facilities to the November 2004 General Municipal Election,to provide for:(1)
accommodate the growing student enrollment.These bonds may be electing five councilmembers instead of the current seven members;
used only for eligible projects.Fiscal Impact:State costs of about$24.7 (2)dividing the city into five separately elected council districts,instead
billion to pay off both the principal($12.3 billion)and interest($12.4 of the current citywide vote;and(3)imposing an eight-year(two
billion)costs on the bonds.Payments of about$823 million per year. four-year terms)lifetime limit on a councilmember s term of office,
Yes instead of the current limit of two consecutive four-year terms?
No 0 Yes
56-State Budget, Related Taxes and Reserve No
STATE BUDGET,RELATED TAXES,AND RESERVE.VOTING
(>� REQUIREMENTS.PENALTIES.INITIATIVE CONSTITUTIONAL (�
(� AMENDMENT AND STATUTE.Permits enactment of budget and
budget-related tax/appropriation bills with 55%vote.Legislature, n,
Governor forfeit compensation each day budget is late.Fiscal Impact: A
l4 Varying impacts from lowering the vote requirement for budget-related Q
measures-including changes in spending and potentially significant
increases in state tax revenues in some years.Impacts would depend
U1 on the composition and actions of future Legislatures. U1
0 Yes
No
57-California Economic Recovery Bond Act
THE ECONOMIC RECOVERY BOND ACT.One time bond of up to
fifteen billion dollars($15,000,000,000)to retire deficit.Fiscal Impact:
One-time increase,compared to previously authorized bond,of up to
$4 billion to reduce the state's budget shortfall and annual debt-service
savings over the next few years.These effects would be offset by
higher annual debt-service costs in subsequent years due to this
bond's longer term and.larger size.
0 Yes
E3 No
58-California Balanced Budget Act
THE CALIFORNIA BALANCED BUDGET ACT.Requires the
enactment of a balanced budget,addresses fiscal emergencies,and
establishes a budget reserve.Fiscal Impact:Net state fiscal effects
unknown and will vary by year,depending in part on actions of future
legislatures.Reserve provisions may smooth state spending,with
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT • Add restrooms where necessary.
MEASURE C FOUNTAIN VALLEY HIGH SCHOOL
EXHIBIT A Mandatory Code,ADA,Life Safety&Structural Upgrades
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT • Repair or replace fire alarm systems.
BOND PROJECT LIST • Replace and upgrade old doors.
The following projects are the priorities that have been identified by the . Upgrade restrooms,including replacing finishes and fixtures.
Board of Trustees of the Huntington Beach Union High School District,
teachers, parents and education stakeholders, and are proposed to be • Hazardous material abatement.
financed at the following schools and school facilities: . Seismic upgrades.
EDISON HIGH SCHOOL • Repair dry rot damage.
Mandatory Code,ADA,Life Safety&Structural Upgrades
• Repair or replace fire alarm systems. • Replace and upgrade lighting.
• Replace and upgrade old doors. • Upgrades and improvements to provide disabled access.
Health,Safety&Efficiency Improvements and Upgrades
• Upgrade restrooms,including replacing finishes and fixtures.
• Hazardous material abatement. • Replace roofs and make roofing repairs.
• Seismic upgrades. • Upgrade electrical panels and distribution systems for heating,ventilation
pges. and air conditioning systems.
• Repair dry rot damage. • Replace, upgrade and install heating, ventilation and air conditioning
• Replace and upgrade lighting. systems.
• Upgrades and improvements to provide disabled access. • Replace,upgrade and install indoor ceilings and lighting.
Health,Safety&Efficiency Improvements and Upgrades • Interior and exterior painting.
• Replace roofs and make roofing repairs. • Replace floor coverings.
• Upgrade electrical panels and distribution systems for heating,ventilation • Stabilize sinking buildings.
and air conditioning systems. • Replace glazing on windows for safety.
• Replace, upgrade and install heating, ventilation and air conditioning . Install fume hoods for safety ventilation where necessary.
systems.
• Replace,upgrade and install indoor ceilings and lighting. • Repair, replace and improve plumbing, drains, sewers and other utility
systems, including removal of existing utilities, and repair, replace and
• Replace floor coverings. improve domestic water, sewer and fire water lines, and gas lines for
• Interior and exterior painting. health and safety.
• Stabilize sinking buildings. Additional Site,Classroom,and Lab Improvements
• Install fume hoods for safety ventilation where necessary. • Upgrade electrical panels and distribution systems,including wall outlets.
• Repair, replace and improve plumbing, drains, sewers and other utility
• Upgrade electrical service capacity.
systems, including removal of existing utilities, and repair, replace and • Upgrade telephone,public address,and clock/bell systems.
improve domestic water, sewer and fire water lines, and gas lines for . Repair or upgrade security systems.
health and safety.
• Replace glazing on windows for safety. • Install additional communication technology forcomputers and secu rity.
Additional Site,Classroom,and Lab Improvements Repair or replace old walls in classrooms.
• Install casework,demonstration tables and whiteboards for classrooms,
• Upgrade electrical panels and distribution systems,including wall outlets. labs,and other areas.
• Upgrade electrical service capacity. • Reconfigure undersized classrooms,labs and other areas.
• Upgrade telephone,public address,and clock/bell systems. • Repair or replace interior finishes, casework, and storage in physical
• Repair or upgrade security systems. education facilities.
• Install additional communication technology for computers and security. • Structural repairs to sinking buildings.
• Repair or replace old walls in classrooms. • Repair or replace old gym seating and built-in instructional/athletic
• Install casework,demonstration tables and whiteboards for classrooms, equipment.
labs,and other areas. • Reconfigure or expand library.
• Reconfigure undersized classrooms,labs,and other areas. • Replace window frames as needed.
• Repair or replace interior finishes, casework, and storage in physical • Replace lower window panel infills.
education facilities. • Replace window treatments.
• Repair or replace old gym seating and built-in instructional/athletic . Upgrade covered walkways.
equipment.
• Reconfigure or expand library. • Add lunch shelters for inclement weather.
• Replace window frames as needed. • Improve safety lighting.
• Replace lower window panel infills. • Repair paving,hardscape and concrete walks,curbs,etc.for safety.
• Replace window treatments. • Repair and improve irrigation systems.
• Replace and improve fencing forsecurity,and install new retaining walls.
• Upgrade covered walkways.
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• Hazardous material abatement. • Replace and upgrade lighting.
• Seismic upgrades. • Upgrades and improvements to provide disabled access.
• Repair dry rot damage. Health,Safety&Efficiency Improvements and Upgrades
• Replace and upgrade lighting. • Replace roofs and make roofing repairs.
• Upgrades and improvements to provide disabled access. • Upgrade electrical panels and distribution systems for heating,ventilation
Health,Safety&Efficiency Improvements and Upgrades and air conditioning systems.
• Replace roofs and make roofing repairs. • Replace, upgrade and install heating, ventilation and air conditioning
systems.
• Upgrade electrical panels and distribution systems for heating,ventilation . Replace,upgrade and install indoor ceilings and lighting.
and air conditioning systems.
• Replace, upgrade and install heating, ventilation and air conditioning ' Replace floor coverings.
systems. • Interior and exterior painting.
• Replace,upgrade and install indoor ceilings and lighting. • Replace glazing on windows for safety.
• Replace floor coverings. • Install fume hoods for safety ventilation where necessary.
• Interior and exterior painting. • Repair, replace and improve plumbing, drains,sewers and other utility
• Replace glazing on windows for safety. systems, including removal of existing utilities, and repair, replace and
improve domestic water, sewer and fire water lines, and gas lines for
• Install fume hoods for safety ventilation where necessary. health and safety.
• Repair, replace and improve plumbing, drains, sewers and other utility Additional Site,Classroom,and Lab Improvements
systems, including removal of existing utilities, and repair, replace and . Upgrade electrical panels and distribution systems,including wall outlets.
improve domestic water, sewer and fire water lines, and gas lines for
health and safety. • Upgrade electrical service capacity.
Construct Classrooms • Upgrade telephone,public address,and clock/bell systems.
• Construct, fumish and equip approximately 19 classrooms and related • Repair or upgrade security systems.
facilities such as restrooms, teacher workrooms, to accommodate . Install communication technology for computers and security.
enrollment growth.
Additional Site,Classroom,and Lab Improvements Repair or replace old walls in classrooms.
• Upgrade electrical panels and distribution systems,including wall outlets. Install casework,demonstration tables and whiteboards for classrooms,
labs,and other areas.
• Upgrade electrical service capacity. • Reconfigure undersized classrooms,science labs and other spaces.
• Upgrade telephone,public address,and clock/bell systems. • Repair or replace interior finishes, casework, and storage in physical
• Repair or upgrade security systems. education facilities.
• Install additional communication technology for computers and security. • Repairor replace old seating and built-in instructional/athleticequipment.
• Replace and improve storm drains. • Replace window frames as needed.
• Repair or replace old walls in classrooms. • Replace lower window panel infills.
• Install casework,demonstration tables and whiteboards for classrooms, • Replace window treatments.
labs and other areas. • Upgrade covered walkways.
• Reconfigure undersized classrooms,labs and other spaces. . Add lunch shelters for inclement weather.
• Repair or replace interior finishes, casework, and storage in physical . Improve safety lighting.
education facilities.
• Repair or replace old gym seating and built-in instructional/athletic ' Repair paving,hardscape and concrete walks,curbs,etc.for safety.
equipment. Repair and improve irrigation systems.
• Reconfigure or expand library. • Replace and improve fencing forsecurity,and install new retaining walls.
• Replace window frames as needed. • Add restrooms where necessary.
• Replace lower window panel infills. OCEAN VIEW HIGH SCHOOL
• Replace window treatments. Mandatory Code,ADA,Life Safety&Structural Upgrades
• Upgrade covered walkways. • Repair or replace fire alarm systems.
• Add lunch shelters for inclement weather. • Replace and upgrade old doors.
• Improve safety lighting. • Upgrade restrooms,including replacing finishes and fixtures.
• Repair paving,hardscape and concrete walks,curbs,etc.for safety. • Hazardous materials abatement.
• Repair and improve irrigation systems. • Seismic upgrades.
• Replace and improve fencing for security and install new retaining walls. ' Repair dry rot damage.
• Add restrooms where necessary. • Replace and upgrade lighting.
MARINA HIGH SCHOOL • Upgrades and improvements to provide disabled access.
Mandatory Code,ADA,Life Safety&Structural Upgrades Health,Safety&Efficiency Improvements and Upgrades
• Repair or replace fire alarm systems. • Replace roofs and make roofing repairs.
• Interior and exterior painting. • Repair, replace and improve plumbing, drains, sewers and other utility
• Replace glazing on windows for safety. systems, including removal of existing utilities and repair, replace and
improve domestic water, sewer and fire water lines, and gas lines for
• Install fume hoods for safety ventilation where necessary. health and safety.
• Repair, replace and improve plumbing, drains, sewers and other utility • Replace and improve old storm drains.
systems, including removal of existing utilities and repair, replace and Construct Classrooms
improve domestic water, sewer and fire water lines, and gas lines for
health and safety. Construct, furnish and equip approximately 13 classrooms and related
Construct Classrooms facilities, such as restrooms, teacher workrooms to relieve overcrowding,
accommodate enrollment growth and remove old portable classrooms.
• Construct, furnish and equip approximately 17 classrooms and related Additional Site,Classroom,and Lab Improvements
facilities, such as restrooms and teacher workrooms, to accommodate
enrollment growth and replace old portable classrooms. • Upgrade electrical panels and distribution systems,including wall outlets.
Additional Site,Classroom,and Lab Improvements • Upgrade electrical service capacity.
• Upgrade electrical panels and distribution systems,including wall outlets. • Upgrade telephone,public address, and clock/bell systems.
• Upgrade electrical service capacity. • Repair or upgrade security systems.
• Upgrade telephone,public address,clock/bell systems. • Install communication technology for computers and security.
• Repair or upgrade security systems. • Repair or replace old walls in classrooms.
• Install communication technology for computers and security. • Install casework,demonstration tables,and whiteboards for classrooms,
• Repair or replace old walls in classrooms. labs,and other areas.
• Install casework,demonstration tables and whiteboards for classrooms, • Reconfigure undersized classrooms,labs and other areas.
labs,and other areas. • Repair or replace interior finishes, casework, storage in physical
• Reconfigure undersized classrooms,lab spaces and other areas. education facilities.
• Repair or replace interior finishes, casework, storage in physical • Repair or replace old gym seating and built-in instructional/athletic
education facilities. equipment.
• Repair or replace old gym seating and built-in instructional/athletic • Reconfigure or expand library.
equipment. • Replace window frames as needed.
• Reconfigure or expand library. • Replace lower window panel infills.
• Replace window frames as needed. • Replace window treatments.
• Replace lower window panel infills. • Add lunch shelters for inclement weather.
• Replace window treatments. • Improve safety lighting.
• Upgrade covered walkways. • Repair paving, hardscape and concrete walks, curbs, etc. for safety
• Add lunch shelters for inclement weather, requirements.
• Improve safety lighting. • Repair and improve irrigation systems.
• Repair paving,hardscape and concrete walks,curbs,etc.for safety. • Replace and improve fencing for security,and install new retaining walls.
• Repair and improve irrigation systems. • Add restrooms where necessary.
• Replace and improve fencing forsecurity,and install new retaining walls. ALTERNATIVE EDUCATION
• Add restrooms where necessary. COAST HIGH SCHOOUADULT SCHOOL
WESTMINSTER HIGH SCHOOL • Acquire,construct,furnish and equip a high school and adult school and
Mandatory Code,ADA,Life Safety&Structural Upgrades related facilities of approximately 45,000 square feet of usable space,and
acquire necessary land, easements and other necessary land rights in
• Repair or replace fire alarm systems. connection therewith.
• Replace and upgrade old doors. VALLEY VISTA HIGH SCHOOL
• Upgrade restrooms,including replacing finishes and fixtures. Health,Safety&Efficiency Improvements and Upgrades
• Hazardous materials abatement. • Replace roofs and make roofing repairs.
• Seismic upgrades. • Replace, upgrade and install heating, ventilation and air conditioning
systems.
• Repair dry rot damage. • Replace,upgrade and install indoor ceilings and lighting.
• Replace and upgrade lighting.
• Replace floor coverings.
• Upgrades and improvements to provide disabled access. . Interior painting.
Health,Safety&Efficiency Improvements and Upgrades . Repair,replace and improve old plumbing.
• Replace roofs and make roofing repairs. • Replace glazing on windows for safety.
• Upgrade electrical panels and distribution systems for heating,ventilation Additional Site,Classroom,and Lab Improvements
and air conditioning systems.
Replace, upgrade and install heating, ventilation and air conditioning • Repair or upgrade security systems.
systems.
• Replace,upgrade and install indoor ceilings and lighting.
HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT IMPARTIAL ANALYSIS BY COUNTY COUNSEL
MEASURE C MEASURE C
EXHIBIT B The California Constitution provides that school districts may issue
TAX RATE STATEMENT general obligation bonds for the construction,reconstruction, rehabilitation
An election will be held in the Huntington Beach Union High School District or replacement of school facilities,including the furnishing and equipping of
(the"District")on March 2,2004,to authorize the sale of up to$238,000,000 school facilities or the acquisition or lease of real property for school
in bonds of the District to finance school facilities as described in the facilities,with the approval of 55%of the voters of the district,voting at an
proposition. If the bonds are approved,the District expects to sell the bonds election for that purpose. The California Constitution further provides that
in multiple series over time. Principal and interest on the bonds will be the bond measure must include a requirement that the bond proceeds will
payable from the proceeds of tax levies made upon the taxable property in be used only for the permitted purposes and other requirements designed to
the District. The following information is provided in compliance with ensure accountability.
Sections 9400-9404 of the Elections Code of the State of California. The Huntington Beach Union High School District has proposed to the
1. The best estimate of the tax which would be required to be levied to voters that general obligation bonds of the district be issued in an amount up
fund this bond issue during the first fiscal year after the sale of the first to$238,000,000 and that ad valorem taxes be levied upon taxable property
series of bonds, based on estimated assessed valuations available at in the district to repay the bonded indebtedness. The measure provides that
the time of filing of this statement, is 3.00 cents per$100 ($30.00 per Proceeds from the sale of the bonds will generally be used to improve,
$100,000)of assessed valuation in fiscal year 2004-05. renovate and construct school facilities benefiting the district, including
upgrading restrooms,upgrading and replacing fire safety,communications,
2. The best estimate of the tax rate which would be required to be levied electrical, heating, ventilation, air conditioning and plumbing systems,
to fund this bond issue during the first fiscal year after the sale of the last seismic upgrades, stabilizing sinking buildings, upgrading libraries,
series of bonds, based on estimated assessed valuations available at construction of additional classrooms, acquisition of real property and
the time of filing of this statement, is 3.00 cents per$100 ($30.00 per construction of a high school/adult school,repair and replacement of roofs,
$100,000)of assessed valuation in fiscal year 2006-07. removal of hazardous materials and improved access for disabled persons.
3. The best estimate of the highest tax rate which would be required to The measure provides that a citizens' oversight committee will be
be levied to fund this bond issue, based on estimated assessed established to ensure that bond proceeds are properly expended and that
valuations available at the time of filing of this statement, is 3.00 cents annual performance and financial audits will be conducted. The measure
per$100 ($30.00 per$100,000) of assessed valuation in fiscal year further provides that bond proceeds will not be used for teacher and
2006-07. administrator salaries or other school operating expenses.
Voters should note that estimated tax rate is based on the ASSESSED The Board of Trustees of the Huntington Beach Union High School
VALUE of taxable property on the County's official tax rolls, not on the District has called the election for the purpose of submitting the measure to
property's market value, which could be more or less than the assessed the voters within the district. If 55%of the voters of the district voting on the
value. In addition,taxpayers eligible for a property tax exemption,such as measure vote yes,the district may proceed to sell the bonds and levy the
the homeowner's exemption,will be taxed at a lower effective tax rate than related taxes as estimated in the Tax Rate Statement. A no vote on this
described above. Certain taxpayers may also be eligible to postpone measure will disapprove the issuance of the bonds and the levy of the taxes
payment of taxes. Property owners should consult their own property tax for such bonded indebtedness.
bills and tax advisors to determine their property's assessed value and any Approval of Measure C does not guarantee that the proposed project or
applicable tax exemptions. projects in the district that are the subject of bonds under Measure C will be
Attention of all voters is directed to the fact that the foregoing information is funded beyond the local revenues generated by Measure C. The district's
based upon the District's projections and estimates only, which are not proposal for the project or projects may assume the receipt of matching
binding upon the District. The actual tax rates and the years in which they state funds, which could be subject to appropriation by the Legislature or
will apply may vary from those presently estimated,due to variations from approval of a statewide bond measure,
these estimates in the timing of bond sales,the amount of bonds sold and
market interest rates at the time of each sale, and actual assessed
valuations over the term of repayment of the bonds. The dates of sale and
the amount of bonds sold at any given time will be determined by the District
based on need for construction funds and other factors. The actual interest
rates at which the bonds will be sold will depend on the bond market at the
time of each sale. Actual future assessed valuation will depend upon the
amount and value of taxable property within the District as determined by
the County Assessor in the annual assessment and the equalization
process.
s/Van Riley
Superintendent of Schools
Huntington Beach Union High
School District
ARGUMENT IN FAVOR OF MEASURE C
Repair neighborhood schools and prepare local students for success in the
classroom and in the future by voting YES on MEASURE C.
Local high schools throughout Fountain Valley, Westminster, and
Huntington Beach are old,deteriorating and in need of basic repairs.Most
of our schools were built over 30 years ago,before the start of the modem
computer age.
Measure C will make urgent repairs and upgrades at Coast, Edison,
Fountain Valley,Huntington Beach,Marina,Ocean View,Valley Vista,and
Westminster High Schools, to make our classrooms clean and safe for
learning.
YES on C will repair leaking roofs and cracked walls.
YES on C will remove asbestos and lead paint,for student safety.
YES on C will repair old bathrooms and plumbing systems.
YES on C will upgrade outdated fire alarms and electrical systems.
YES on C will make urgent seismic upgrades and structural repairs to
schools with sinking foundations.
Teachers,parents,business organizations,and community leaders are all
voting YES on C because it will be less expensive to upgrade and repair our
schools now than in the future. If we don't make these repairs now, the
problems will only get worse.
Measure C includes strict financial accountability requirements, including
an independent Citizens' Oversight Committee, annual audits, and no
money for administrators'salaries. Every dime goes toward repairing and
upgrading local schools.
Our neighborhood schools have been hurt by state and federal budget cuts
to education.Guaranteeing local funds is the only way to ensure that local
students do not fall behind.
High school is the crucial time to prepare kids for their futures.We urgently
need to give our students the skills they need to graduate and succeed in
college or the job market.
Please join us in voting YES on C,to repair our neighborhood schools.
s/Anne Adams
Teacher of the Year
s/Celia Jaffe
P.T.A.Council Past President
s/Susan M.Henry
Board of Trustees Pres.
s/Judith M.Gielow
Co-President,League of Women Voters of Orange Coast
s/Edwin C. Laird
Businessman
No argument against this measure was submitted.
FULL TEXT OF MEASURE E Section 318.ADDITIONAL TERRITORY.Any territory constituting a part of
CITY OF HUNTINGTON BEACH the City and not specifically included in any district shall be deemed
included in the District with which it has the longest common boundary line.
Proposed Amendment to the Charter of the City of Huntington Beach If there shall be no common boundary with any District then such territory
Section 300 shall be amended to read: shall be deemed included in the nearest district to it.
Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. Section 319 shall be added and shall read:
TERMS.The elective officers of the City shall consist of a City Council of Section 319. LEGAL DESCRIPTIONS OF DISTRICTS. The initial
seven five members,a City Clerk,a City Treasurer and a City Attorney,all to boundaries of the Districts shall be:
be elected from the City at large,except for Council members,who shall be District 1:
elected by District,at the times and in the manner provided in this Charter
and who shall, except for City Council members, serve for terms of four At the intersection of Clay Ave.and Goldenwest St. South on Goldenwest
years and until their respective successors qualify.Subject to the provisions St.to the Pacific Ocean.South on the Pacific Ocean to the City boundary
of this Charter, the members of the City Council in office at the time this along the Santa Ana River.North on the Santa Ana River to Hamilton Ave.
Charter takes effect shall continue in office until the exphation of then West on Hamilton Ave.to Bushard St.North on Bushard St.to Atlanta Ave.
respective tenns and until their successors are elected and qualified.four Weston Atlanta Ave.to Beach Blvd.North on Beach Blvd,to Yorktown Ave.
All five members of the City Council shall be elected at the general West on Yorktown Ave.to Delaware St.North on Delaware St.to Clay Ave.
municipal election held in?96G2004, one from each District. District 1,3, West on Clay Ave.to Goldenwest St.
and 5 shall initially be for a two-year term,and each fourth year thereafter. District 2
District 2 and 4 shall be fora four-year term,and each fourth year thereafter.
At the intersection of the City boundary along the Santa Ana River and
election held in !968,and eacli fouitli yew thereafter No pumun shall Hamilton Ave.West on Hamilton Ave.to Bushard St.North on Bushard St.
to Atlanta Ave.West on Atlanta Ave.to Beach Blvd.North on Beach Blvd.to
Yorktown Ave. East on Yorktown Ave. to Worchester Ln. North on
Worchester Ln. to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln.
the City Council inuie than ane fuithei consecutive tenn. Subject to the South on Weymouth Ln.to Grant Dr.East on Grant Dr.to Harding Ln.North
provisions of this Charter,the City Clerk,City Treasurerand City Attorney in on Harding Ln.to Hamden Ln.Easton Hamden Ln.to Newhaven Ln.South
office at the time this Charter takes effect shall continue in office until the on Newhaven Ln.to Bridgeport Dr. East on Bridgeport Dr,to Newland St.
expiration of their respective terms and the qualification of their successors. North on Newland St. to Garfield Ave. East on Garfield Ave. to the City
A City Clerk and City Treasurer shall be elected at the general municipal boundary along the Santa Ana River. South on the City boundary to
election held in 1968,and each fourth year thereafter.A City Attorney shall Hamilton Ave.
be elected in 1966,and each fourth year thereafter. District 3
The term of each member of the City Council, the City Clerk, the City At the intersection of Clay Ave.and Goldenwest St. South on Goldenwest
Treasurer and the City Attorney shall commence on the first Monday St.to the Pacific Ocean.North on the Pacific Ocean to Warner Ave.East on
following his election. Ties in voting among candidates for office shall be Warner Ave. to the City boundary that generally follows Pacific Coast
settled by the casting of lots. Highway.South East North and West on the City boundary to Warner Ave.
Section 314 shall be added and shall read: West on Warner Ave. to Pacific Coast Highway. North on Pacific Coast
Section 314. DISTRICTS ESTABLISHED. For the purpose of electing Highway to the City boundary east of Bayview Dr. North on the City
members of the City Council,the City shall be divided into five Districts as boundary to Broadway.East on Broadway to Intrepid Ln.North on Intrepid
Ln.to The City boundary north of Remora Dr.West on the City boundary to
nearly equal in population as practicable.Forthe General Municipal election Pacific Coast Highway. North on Pacific Coast Highway to the City
held in 2004, the boundaries of such Districts shall be those described in boundary. Easterly on the City boundary to Sunset Way East. East on
section 319.Thereafter,the boundaries of such districts shall be subject to Sunset Way East to Edinger Ave. East on Edinger Ave. to Sherlock Ln.
alteration and change under the provisions of this Charter.Said redistricting South on Sherlock Ln.and its extension to Seaview Ln.South on Seaview
Plan may describe the new boundaries by reference map on file with the City Ln,to Heil Ave.East on Heil Ave.to Bolsa Chica St.South on Bolsa Chica
Clerk.A metes and bounds description of the new boundaries need not be St. to Warner Ave. East on Warner Ave. to Goldenwest St. South on
contained in said redistricting plan. I Goldenwest St.to Clay Ave.
Section 315 shall be added and shall read: District 4
Section 315. COUNCIL MEMBER RESIDENCY REQUIREMENTS.There At the intersection of Goldenwest St.and Clay Ave.,West on Clay Ave.to
will be only one member from each District on the City Council. Every Delaware St.South on Delaware St.to W.Yorktown Ave.West on Yorktown
Council member shall be an actual resident and elector of the District from Ave. to Worchester Ln. North on Worchester Ln to Falmouth Dr. East on
which the Council member is nominated.Any Council member who moves Falmouth Dr.to Weymouth Ln.South on Weymouth Ln.to Grant Dr.Easton
from the District of which the Council member was nominated forfeits the Grant Dr. to Harding Ln. North on Harding Ln. to Hamden Ln. East on
office. Hamden Ln. to Newhaven Ln. South on Newhaven Ln. to Bridgeport Dr.
Section 316 shall be added and shall read: East on Bridgeport Dr.to Newland St.North on Newland St.to Warner Ave.
Section 316.TERM LIMITS.No person shall be elected as a member of the West on Warner Ave. to Magnolia St. North on Magnolia St. to the City
boundary that generally follows Interstate 405. North on the City boundary
City Council for more than two terms, and no person who has been a to•the City boundary that generally follows Heil Ave. West on the City
member for two or more years of a term to which he or she or some other boundary to Beach Blvd. North on Beach Blvd. to Heil Ave.West on Heil
person was elected a member shall be elected to the City Council more than Ave.to Goldenwest St.South on Goldenwest St.to Clay Ave.
one further term.
District 5
Section 317 shall be added and shall read:
At the intersection of Goldenwest St. and Warner Ave. West on Warner
Section 317.REDISTRICTING.Within six months of the completion of each Ave.to Bolsa Chica St. North on Bolsa Chica St.to Heil Ave.West on Heil
federal decennial census, the City Council shall appoint a committee to Ave.to Seaview Ln.North on Seaview Ln.and its extension to Sherlock Ln.
study and report to the City Council on the advisability of redistricting the North on Sherlock Ln.to Edinger Ave.East on Edinger Ave.to Bolsa Chica
City. District boundaries shall not be altered except as reasonably St. North on Bolsa Chica St. to the northern City boundary. At the
necessary to promote greater equality of population among the Districts. intersection of the northern City boundary and Heil Ave. West on Heil Ave.
Such boundary alteration shall be made in accordance with Elections Code to Goldenwest St.South on Goldenwest St.to Warner Ave.
section 21620-21620.1 and other applicable Federal and California laws,
and by ordinance adopted by affirmative vote of at least two-thirds of the full Section 704 shall be amended to read:
membership of the City Council. Any such ordinance adopted within one Section 704. NOMINATION PAPERS. Nomination papers for candidates
City of Huntington Beach
Proposed City Council Areas
This map generally illustrates the text of Section 319. If any discrepancies exist,Section 319 shall control
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IMPARTIAL ANALYSIS BY CITY ATTORNEY
MEASURE E
This proposed measure would amend the City Charter to change the number of City Councilmembers, establish election districts for City
Councilmembers,and establish lifetime term limits for City Councilmembers.
Currently,the City Charter provides that the City Council shall consist of seven members,all elected from the City at large,and that no person shall be
elected as a member of the City Council for more than two consecutive terms.
This proposed measure would amend the City Charter to provide that the City Council shall consist of five members,each elected by the district in which
such member resides;it would establish the initial boundaries of such districts and provide for the manner in which the boundaries of such districts may be
changed;and it would establish that no person shall be elected as a member of the City Council for more than two total terms.
s/JENNIFER McGRATH
CITY ATTORNEY
ARGUMENT IN FAVOR OF MEASURE E REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE E
It's time to clean-up City Hall. It's time for district elections. Our City Don't be fooled by misleading arguments that take away your voting rights.
Council has spent over a quarter of a million dollars in attorney's fees ja[ng Seven votes every four years are better than one vote every four years.
to Prevent you from voting on district elections. Recently,Judge Erickson of Having the right to choose all the representatives who run our city is better
the Orange County Superior Court ordered the City Council to let you vote than having yourchoice reduced to only having a say in 20%of the city.
on this important issue. Why is the City Council afraid to let you vote? Under the proposed districting measure,accountability and representation
With district elections, council members will be accountable to you the are illusions. Going from seven council members elected by all voters to
voters—not special interests. Council members will have to campaign in five council members elected by district is a loss of representation no
your neighborhood and listen to your concerns. Just ask yourself:Has your matter how you explain it.
neighborhood been represented by the City Council?
The argument in support of districting is false and misleading. Currently,
The current at-large election system was last changed in the 1960's. In each council member is accountable to every citizen regardless of where
1960 the population started at 11,500 but it is now nearly 200,000. Only they live.City council elections are held every two years,which provides an
special interests groups can afford the$100,000 it can take to campaign opportunity to vote out council members who are not responsive to citizen's
citywide to win a council seat. In tact,in the last election three of the winners needs.
benefited from nearly $100,000 in special interest funding. The
lesser-funded candidates from your neighborhood don't have a chance Residents and businesses have always been encouraged to meet with
against powerful special interest money. This is why so many Council members to resolve issues. In addition the council has
neighborhoods in our City haven't been represented in more than 20 years. committees that meet on neighborhood issues regularly.
With smaller districts, every neighborhood in the City will be The proponents of the districting measure represent the epitome of a
represented. You will have council members who are accountable to you special interest group.The proponents spent over$80,000 just to get the
and your neighbors. The opponents to districts argue that you have less measure on the ballot. Imagine how much they will spend to get their
representation with this measure by going from seven at-large council selected candidates elected.
members to five districts. However, having a council member from your The districting argument's assertions about smaller districts are
neighborhood who is accountable to you is far better than having many purposefully misleading.Districts of 38,000 residents and five square miles
council members who aren't interested in your neighborhood issues. each have many neighborhoods with competing interests and concerns.
It's time for a change at City Hall. Vote yes for five districts in Huntington Deal making will become commonplace and many citizens will not be
Beach. Vote yes on Measure E. served.
s/Scott Baugh,Proponent Vote NO on Measure E.
s/EDWARD KERINS
President,Huntington Beach Tomorrow
s/CHUCK SCHEID
Director,HB Taxpayers Association
s/SHIRLEY DETTLOFF
2003 Outstanding Citizen
s/FLOSSIE HORGAN
Founder of Bolsa Chica Land Trust
ARGUMENT AGAINST MEASURE E REBUTTAL TO ARGUMENT AGAINST MEASURE E
A vote to establish city council districts will dramatically reduce your voting Why did our City Council spend over a quarter of a million dollars in
power.Vote NO on Measure E. attorney's fees trying to stop you from voting on district elections? It's
Currently, voters elect seven council members every four years. Under because they don't want you to have better representation in your
districting, voters would elect only one council member every four years. neighborhood. The City Council is afraid that you will take control of your
City. Fortunately, the Superior Court Judge told the Council they were
That council member would be concerned with only one district of the city.If
wrong our City.
filing the lawsuit and ordered the Council to let you decide what's
the council member elected under districting does not happen to represent best for
your views,you have no other recourse for another four years.
Districting would lead to vote swapping and deal making such as other The opponents district elections have one thing in common they all
jurisdictions with districts.We need council members who have the good of belong to special interest groups who currently control our City Council. The
opponents don't care eyourstreets have potholes d if yoursidewalks are in
the entire city in mind and not just their district.What happens in one part of disrepair or if the sewer pipes in your neighborhood are leaking,as long as
our city affects all the citizens in our city.
they get to control the City Council.
Over the last forty years Huntington Beach has become one of the best and Ask yourself why the opponents are resorting to insults and scare tactics
safest cities in Orange County. This was accomplished under the current as a means to oppose district elections? It's because they took a poll
elected-at-large form of city government with significant citizen showing 68% of the voters want better representation through district
participation.This has created a city with one of the finest park,library and elections. With district elections you will have a councilmember who is
school systems in Southern California. accountable to you and your neighborhood.
Each citizen should ask why the backers of this initiative spent over$80,000 The opponents'polling information reveals why they pressured the City
for paid signature gatherers to get districting on the ballot. These vested Council to file a lawsuit to stop you from voting on district elections.
interests simply want to get their hand picked candidates elected who will However, aren't you tired of our City Council wasting millions of dollars in
follow their agenda on the city council. attorney's fees on legal tricks?
Don't be fooled by initiative backer's promises of accountability and It's time for a change at City Hall. It's time for district elections. Vote yes
representation.The opposite is true.The voters of Huntington Beach should on Measure E.
reject this deceitful districting initiative.Vote NO on Measure E.
s/EDWARD KERINS s/Scott Baugh,
President,Huntington Beach Tomorrow Proponent
s/CHUCK SCHEID
Director,HB Taxpayers Association
s/FLOSSIE HORGAN
Founder, Bolsa Chica Land Trust
s/SHIRLEY DETTLOFF
2003 Outstanding Citizen
s/TIM GEDDES
Southeast HB Homeowners Community Leader
w
S
Brockway, Connie
To: D'Alessandro, Paul
Cc: CITY COUNCIL
Subject: RE: election 5 districts/7 districts
Paul,
I believe we are almost on the right track. I do want you to know that I talked to Suzanne at the Registrar and she stated if
the resolution wording could be changed to include payment to the County, the Registrar's Office would be satisfied. Of
course your office would need to consider the resolution prepared in August 2002 as having a typographical error(The
resolution that Mr. Wheeler prepared in August 2002 does mention the county canvassing the election and the Board of
Supervisors being requested to issue instructions and holding the county and city election as if it were one election (which
does show that the resolution was written for the purpose of the election to be consolidated) -otherwise we would have to
contract with Martin and Chapman to set up booths and voting equipment and I would have to canvass the election.
Normally this added 7 district measure would be done by adopting: a resolution to ADD a measure to the existing
resolution adopted 8/4/02 which called this March election. But if you want to do a new resolution consolidating with
the county for both measures, we may wish to consider that we will still have to amend Resolution No. 2000-78 as a
portion of that resolution CALLED the March Election and we need that portion of the resolution as I do not believe the
NEW Council would have the authority to call the March election for Mr. Baugh's Petition, as it was and had to be done by
law back in 8/4/02. Although the 8/4/02 resolution to consolidate was defective in lacking some text, it was adopted by
the OLD COUNCIL and it also CALLED the election. I believe we should amend Res. 2000 -78 to add the missing text as
it relates to consolidation.
As far as the arguments for the 5 District Election --There was a resolution adopted by Council on 8/4 where the Council
DID NOT take their prerogative to take priority to write the argument AGAINST. They did order an impartial analysis (local
elections it is not mandatory but councils always do). I do not believe we can have this NEW council adopt a resolution
regarding arguments for the 5 districts.
We know that Mr.Baugh has priority for the pro-argument. As far as the 7 district measure goes we know that Council
has authority to take their prerogative to write the argument in favor or against or sometimes a council may wish to
split and some members write the argument in favor and some against.
Arguments for 5 districts
When I received your email I was getting a memo to Council advising them that I am posting the-Last day to File Direct
Arguments as November 25, 2003 and Rebuttals for December 5, 2003. 1 will wait till tomorrow when we can meet. I
have sample resolutions which I will be glad to meet with you on (In the past, the City Clerk's Office drafted the Election
Resolutions and Gail Hutton signed them) Of course I am glad that Jennifer is having the City Attorney's Office doing
them now as I have always realized resolutions are to be prepared by the City Attorney's Office. That is why in the past we
always had Gail Hutton or one of the deputies to sign off on them).
It is recommended (In City Clerk's Election Manuals) that Impartial Analyses be ready by the final date for the DIRECT
ARGUMENTS. It is helpful if it is done a little earlier as the city attorney's impartial analysis helps the people who are
writing the arguments.
We can meet tomorrow if you like. I am getting some notices translated into Vietnamese and Spanish - but your decision
should not affect that too much.
1 will add Council to this email to alert them that they may wish to reach out to the community to advise people
that they may know have interest that arguments against the 5 District Measure are due November 25, 2004 and
that information may be obtained from the City Clerk's Office this Friday.
Connie
-----Original Message-----
From: D'Alessandro, Paul
Sent: Wednesday, November 05, 2003 2:41 PM
To: Brockway,Connie
Cc: McGrath,Jennifer
1
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"Subject: RE: election
Hi Connie,
For the five-district election, the Council adopted a resolution calling for the special election (#
2002-78), and a resolution directing the City Attorney to prepare an impartial analysis (#2002-
79). The resolution directing the City Attorney to prepare an impartial analysis contained a
typographical error: some of the language contained in the ballot question was accidentally
omitted. We have prepared a new page that restores the accidentally omitted language.
Unfortunately, the resolution calling for the special election did not, in my opinion, also request
the Board of Supervisors to consolidate the special election with the statewide primary on March
2, 2004 - too much of the required language, including the request to consolidate itself, and the
promise to pay the additional city related costs, is absent. As a result, I suggest that when we do
the resolution to consolidate the 7-district election, we include (in the same document) a request
to consolidate the 5-district election. This will clear up any confusion and remove the necessity to
amend #2002-78.
To summarize, I think we need the following new resolutions:
1. Resolution calling for the 7-district election.
2. Resolution requesting to consolidate the 5-district and the 7-district elections with the statewide
primary.
3. Resolution setting priority for filing written arguments for 5-district election.
4. Resolution setting priority for filing written arguments for 7-district election, and directing City
Attorney to prepare impartial analysis of 7-district measure.
Additionally, our office needs to prepare the impartial analysis of each measure, but these items
are not under the same time crunch as the drafting of the resolutions listed above.
Let me know if you think I'm on the right track.
Paul D'Alessandro
Assistant City Attorney
City of Huntington Beach
P.O. Box 190, 2000 Main Street
Huntington Beach, CA 92648
Phone: 714-536-5555
Fax: 714-374-1590
Email: pdalessandro@surfcity-hb.org
-----Original Message-----
From: Brockway,Connie
Sent: Wednesday, November 05, 2003 12:25 PM
To: D'Alessandro, Paul; McGrath,Jennifer
Cc: Ehring, Liz;Jones, Dale
Subject:election
Hello Paul,
Robert Wheeler did the election resolution that Council adopted for March. He did it different than the resolution
that I did when I thought the election would be held November 2002.
1 had to give it to Jennifer a couple of weeks ago and Robert did not put in the resolution certain sections that
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promise payment to the county. I gave Jennifer the wording she needs. We need that in order to have the county
consolidate. The county will not consolidate without it.
For the 7 district election -we will need a resolution adding this measure to the election already called (Mr.
Wheeler's resolution that was done a little incorrectly).
What he did Paul was instead of doing a resolution calling the election, plus a resolution requesting
consolidatation, he wished to combine them -in combining them he left wording out inadvertantly and it was not
noticed until I sent the resolution into the county last month when the Registrar noticed it.
So now we need res adding measure, res re arguments and impartial analysis.
Connie
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Brockway, Connie
From: Brockway, Connie
Sent: Thursday, October 23, 2003 6:26 PM
To: McGrath, Jennifer
Subject: Election Resolutions done in 2002
Jennifer,
The Registrar of Voters received the Election Resolutions that were prepared by Special Counsel Wheeler who was in the
City Attorney's Office at that time. (August 2002). The Registrar informed me that a paragraph is missing. The Resolution
Mr. Wheeler prepared for March 04 was missing the paragraph that states that the City will pay all expenses of the county
etc for consolidation. ;. I believe Mr. Wheeler missed putting it in because he did not want to prepare two resolutions as is
usually done--he wanted only to prepare one resolution to simplify the process. . Usually one resolution calls an election
the other requests consolidation. So it is very easy to see how it happened.
He had to prepare it fast because the other resolutions were on the August 5, 2002 setting it for November 2002. And the
City Attorney had determined that Council could choose a date other than November 2002.
1 advised the Registrar of Voters of the above (as to how it occurred) and the Registrar's Office advised me that if the City
Attorney will correct the page of the resolution to put in the fact that the city will pay the costs (this wording is standard
wording in resolutions) that it will be fine. Of course the resolutions were adopted by the previous Council on August 5,
2002. . However please advise if you would like a copy of the wording that should be in (I will get it from a previous
resolution) to repair the first page and consider it a typo or do you wish to repair another way. Also the resolution that
requires an Impartial Analysis be prepared has a line missing (the line that describes the measure to be voted on. That
can easily be fixed by your office.
Please let me know as soon as possible.
Connie
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J' CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Jennifer McGrath, City Attorney
FROM: Connie Brockway, City Clerk G6
SUBJECT: Request For City Attorney to Prepare Impartial Analysis March 2, 2004 Special
Municipal Election — Proposed Charter Amendment Re: Districting/Lifetime Term
Limits/Reduce Council Membership From 7 to 5.
DATE: October 8, 2003
Pursuant to Resolution No. 2002-79 adopted on August 5, 2002, 1 am transmitting a full copy of
the following measure to be submitted to the voters on March 2, 2004. The full copy is set forth
on Exhibit"A" to Resolution No. 2002-78 also attached.
Please prepare an Impartial Analysis of the measure showing the effect of the measure on the
existing law and the operation of the measure.
The State Elections Code requires that the Impartial Analysis shall be filed with my office by the
date set for the filing of Primary Arguments. I plan to set November 25, 2003 as the last day to
file Direct Arguments and December 5, 2003 as the last date to file Rebuttal Arguments.
If the Impartial Analysis is prepared earlier it may serve to assist the authors of the arguments
to prepare their arguments.
Also attached is former City Attorney Gail Hutton's memorandum to me dated October 1, 2002
recommending postponement of the preparation of the Impartial Analysis until at least
October 1, 2003.
Please call me if there is any other information you may need.
Connie Brockway CIVIC
City Clerk
CC:pe
Enclosures
cc: Honorable Mayor and City Council
City Administrator
Template-HB InnerOffice
IMPARTIAL ANALYSIS BY CITY ATTORNEY
MEASURE E
This proposed measure would amend the City Charter to change the number of City Councilmembers, establish election disricts for City
Councilmembers,and establish lifetime term limits for City Councilmembers.
Currently,the City Charter provides that the City Council shall consist of seven members,all elected from the City at large,and that no person shall be
elected as a member of the City Council for more than two consecutive terms.
This proposed measure would amend the City Charter to provide that the City Council shall consist of five members,each elected by the district in which
such member resides;it would establish the.initial boundaries of such districts and provide for the manner in which the boundaries of such districts may be
changed;and it would establish that no person shall be elected as a member of the City Council for more than two total terms.
srJENNIFER McGRATH
CITY ATTORNEY
ARGUMENT IN FAVOR OF MEASURE E REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE E
It's time to clean-up City Hall. It's time for district elections. Our City Don't be tooled by misleading arguments that take away your voting rights. '
Council has spent over a quarter of a million dollars in attorney's fees jiving Seven votes every four years are better than one vote every four years.
to prevent you from voting on district elections. Recently,Judge Erickson of Having the right to choose all the representatives who run our city is better
t~e Orange County Superior Court ordered the City Council to let you vote than having yourchoice reduced to only having a say in 20%of the city. I
on this important issue. Why is the City Council afraid to let you vote? ..
' Under the proposed districting measure,accountability and representation
I With district elections,council members will be accountable to you the are illusions.Going from seven council members elected by all voters to
vcters—not special interests. Council members will have to campaign in five council.members elected by district is a loss of representation no
Your neighborhood and listen to your concerns. Just ask yourself:Has your matter how you explain it.
i neighborhood been represented by the City Council?
The argument in support of districting is false and misleading.Currently,
The current at-large election system was last changed in the 1960's. In each council member is accountable to every citizen regardless of where
IS60 the population started at 11,500 but it is now nearly 200,000. Only they hive.City council elections are held every two years,which provides an
special interests.groups can afford the S100,000 it can take to campaign opportunity to vote out council members who are not responsive to citizen's
i c�ywide to win a council seat. In fact,in the last election three of the winners needs.
i benefited from nearly S100,000 in special interest funding. The ,
lesser-funded candidates from your neighborhood don't have a chance Residents and businesses have always been encouraged to meet with
against powerful special interest money. This is why so many. Council members to resolve issues. In addition the council has
neighborhoods in our City haven't-been represented in more than 20 years. committees that meet on neighborhood issues regularly.
I With smaller districts, every neighborhood in the City will be The proponents of the districting-measure represent the epitome of a
i. recresentgd. You will have council members who are accountable to you special interest group.The proponents spent over 580.000 just to get the
and Your neighbors. The opponents to districts argue that you have less measure on the ballot. Imagine how much they will spend to get their
representation with this measure by going from seven at-large council selected candidates elected.
members to five districts. However, having a council member from your The districting argument's assertions about smaller districts are
neighborhood who is accountable to you is far better than having many purposefully misleading.Districts of 38,000 residents and five square miles
4 council members who aren't interested in your neighborhood issues. each have many neighborhoods with competing interests and concerns.
Ii It's time for a change at City Hall. Vote yes for five districts in Huntington Deal making will become commonplace and many citizens will not be
Beach. Vote yes on Measure E. served.
I s Scott Baugh,Proponent. Vote NO on Measure E.
s/EDWARD KERINS.
President,Huntington Beach Tomorrow
j s/CHUCK SCHEID
Director,HB Taxpayers Association
s/SHIRLEY DETTLOFF
2003 Outstanding Citizen
s/FLOSSIE HORGAN
Founder of Bolsa Chica Land Trust
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R OR 046-017
ARGUMENT AGAINST MEASURE E REBUTTAL TO ARGUMENT AGAINST MEASURE E
A vote to establish city council districts will dramatically reduce your voting Why did our City Council spend over a quarter cf a million dollars in\
power.Vote NO on Measure E. attorneys fees trying to stop you from voting on district elections? It
because they don't want you to have better representation in your
Currently, voters elect seven council members every four years. Under neighborhood. The City Council is afraid that you will take control of your
districting,voters would elect only one council member every four years,. City. Fortunately, the Superior Court Judge told the Council they were
That council member would be concerned with only one district of the city.If wrong in filing the lawsuit and ordered the Council to let you decide what's
the council member elected under districting does not happen to represent best for our Citv. I
your views,you have no other recourse for another four years. I
The opponents to district elections have one thing in common—they all
i Districting would lead to vote swapping and deal making such as other belong to.special interest groups who currently control our City.Council. The
jurisdictions with districts.We need council members who have the good of opponents don't care it your streets have potholes or if your sidewalks are in
the entire city in mind and not just their district.What happens in one part of disrepair or if the sewer pipes in your neighborhood are leaking,as long as
our city affects all the citizens in our city. they get to control the City Council.
Over the last forty years Huntington Beach has become one of the best and Ask yourself why the opponents are resorting to insults and scare tactics j
safest cities in Orange County.This was accomplished under the current as a means to oppose district elections? It's because they took a poll
elected-at-large fcnn of city government with significant citizen showing 68% of the voters want better representation through district
participation.This has created a city with one of the finest park,library and elections. With district elections you will have a councilmember who is j
school systems in Southern California. accountable to you and your neighborhood.
Each citizen should ask why the backers of this initiative spent over$80,000 The opponents'polling information reveals why they pressured the City
for paid signature gatherers to get districting on the ballot. These vested Council to file a lawsuit to stop you from voting on district elections.
interests simply want to get their hand picked candidates elected who will However,aren't you tired of our City Council wasting millions of dollars in
follow their agenda on the city council. attomey s fees on legal tricks?
Don't be fooled b7/ initiative backers promises of accountability and Its time for a change at City Hall. It's time for district elections. Vote yes
representation.The opposite is true.The voters of Huntington Beach should on Measure E.
reject this deceitful districting initiative.Vote NO on Measure E.
s/EDWARD KERINS s/Scott Baugh,
President,Huntington Beach Tomorrow Proponent
s/CHUCK SCHEID
Director,HS Taxpayers Association
s/FLOSSIE HORGAN '
Founder,Bolsa Chica Land Trust
s/SHIRLEY DETTLOFF
2003 Outstanding Citizen
s/TIM GEDDES
iSoutheast HB Homeowners Community Leader. l
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85600 R OR 046-018
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
r
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
October 8, 2003
Steven P. Rodermund
Interim Registrar of Voters
P. O. Box 15467
1300-C South Grand Ave.
Santa Ana, CA 92735-9910
Dear Mr. Rodermund:
Enclosed please find Resolution No. 2002-78 calling a Special Municipal Election to be
consolidated with the Statewide Primary Election on March 2, 2004—"A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA ORDERING THE
SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED AMENDMENT TO
THE CITY CHARTER RELATING TO ELECTION OF FIVE COUNCIL MEMBERS EACH BY
DISTRICT INSTEAD OF THE CURRENT SEVEN MEMBERS ELECTED AT-LARGE,TO IMPOSE A
LIFETIME TWO TERM LIMIT ON ELECTED COUNCII.NfEMBERS INSTEAD OF THE EXISTING
TWO CONSECUTIVE TERM LIMIT AND TO REDUCE THE TOTAL NUMBER OF
COUNCILMEMBERS FROM SEVEN TO FIVE,AT A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON MARCH 2,2004."
Please advise me of any requests you may have of my office. We look forward to
working with you and your staff.
Sincerely,
Connie Brockway CMC
City Clerk
CB:pe
Enclosure—Resolution 2002-78
(Telephone:714536-5227)
RESOLUTION NO. 2002-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER
RELATING TO ELECTION OF FIVE COUNCILMEMBERS EACH BY DISTRICT
INSTEAD OF THE CURRENT SEVEN MEMBERS.ELECTED AT-LARGE,TO IMPOSE A
LIFETIME TWO TERM LIMIT ON ELECTED COUNCILMEMBERS INSTEAD OF.THE
EXISTING TWO CONSECUTIVE TERM LIMIT AND TO REDUCE THE TOTAL NUMBER
OF COUNCILMEMBERS FROM SEVEN TO FIVE,AT A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON March 2, 2004
WHEREAS,pursuant to authority provided by Article XI of the Constitution and Title 4,
Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3,Article 3
(commencing at § 9255)of the Election Code of the State of California, a petition has been filed
with the legislative body of the City of Huntington Beach signed by more than fifteen per,cent of
the registered voters of the City according to the county election department's last official report
of registration to the Secretary of State to submit a proposed charter amendment to the voters;
and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
charter amendment to the voters;
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA,DOES RESOLVE,DECLARE,DETERMINE AND ORDER-AS
FOLLOWS:
SECTION 1. That pursuant to Article XI of the Constitution and Title 4,Division 2,
Chapter 3 of the Government Code and Division 9,Chapter 3,Article 3 (commencing at § 9255)
of the Election Code of the State of California,there is called and ordered to be held in the City
of Huntington Beach, California, on March 2, 2004 , at a Special Municipal
Election to be held that date, the submission of the following proposed charter amendment to the
City's voters:
Shall the Huntington Beach City Charter be amended,effective
with the November 2004 General Municipal Election,to provide YES
for: (1)electing five councilmembers instead of the current
seven members;(2)dividing the city into five separately elected-
council districts,instead of the current citywide vote;and(3)
imposing an eight-year(two four-year terms)lifetime limit on a NO
councilmembers term of office, instead of the current limit of
two consecutive four-year terms?
SECTION 2. That the text of the proposed charter amendment submitted to the voters is
attached as Exhibit A.
g:/election/2002/novcmber/reso-subm issiontoelectorsoption2-2002.doc
Res. No. 2002-78
SECTION 3. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding of municipal elections.
r
SECTION 4. That notice of the time and place of holding the election is given and the
-_City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time;form and manner as required by law.
SECTION 5. That the county election department is authorized to canvass the returns of
the march 2, 2004 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 6. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for holding of the said Special
Municipal Election.
SECTION 7. 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 8. 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 5th day of August , 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
17
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: L y
City Clerk 4$-15-at 4::� City Attorney
REVIE`VED AND APPROVED: INITIATED AND APPROVED:
City AdIf1iistrator City Clerk
g:/election/2002/november/reso-submissiontociectorsoption2-2002.doc
Res. No. 2002-78
EXHIBIT
A
Res. No. 2002-78
Proposed Amendment to the Charter of the City of Huntington Beach r
r
Section 300 shall be amended to read:
Section 300. CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS. The elective
officers of the City shall consist of a City Council of sew five members,a City Clerk, a City Treasurer
and a City Attorney,all to be elected from the City at large,except for Council members,who shall be
elected by District, at the times and in the manner provided in this Charter and who shall, except for City
Council members, serve for terms of four years and until their respective successors qualify. Subject to
the provisions of this Charter, the members of the City Council in office at the time this Charter takes
effect shall continue in office until the e.Tatio., of their r-espen tirn terms and until their successors are
elected and qualified:-Fear All five members of the City Council shall be elected at the general
municipal election held in4946 2004, one from each District. District 1,3,and 5 shall initially be for a
two-year term, and each fourth year thereafter. District 2 and 4 shall be for a four-year term, and each
fourth year thereafter. Th ee embers ef-the City G.,,,nei t,e eleetnd_et the gene.-al .,,u i,.;r,.,4
e;rge;da=A=LgrrhP11 be Pleated to the C-43Z
Geunei, nrn than ene fi,rthor^^nisee- ti• a*our Subject to the provisions of this Charter,the City
Clerk, City Treasurer and-City Attorney in office at the time this Charter takes effect shall continue in
office, .until the expiration of their respective terms and the qualification of their successors. A.City Clerk
and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year.
thereafter. A City Attorney shall be elected in 1966,and each fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following his election.Ties in voting among candidates for office
shall be settled by the casting of lots.
Section 314 shall be added and shall read:
Section 314. DISTRICTS ESTABLISHED.For the purpose of electing members of the City Council,
the City shall be divided into five Districts as nearly equal in population as practicable. For the General
Municipal election held iii 2004,the boundaries.of such Districts shall be those described in section 319.
Thereafter the boundaries of such districts shall be subject to alteration and change under the provisions
of this Charter. Said redistricting plan may describe the new boundaries by reference map on file with
the City Clerk A metes and bounds description of the new boundaries need not be contained in said
redistricting plan.
Section 315 shall be added and shall read:
Section 315 COUNCIL MEMBER RESIDENCY REQUIREMENTS. Theie will be only one member
from each District on the City Council. Even Council member shall be an actual resident and elector of
the District from which the Council member is nominated.Any Council member who moves from the
District of which the Council member-was nominated forfeits the office.
Res. No. 2002-78
Section 316 shall be added and shall read:
Section 316.TERM LIMITS.No person shall be elected as a member of the City Council for more than
two terms, and no person who has been a member for two or more years of a term to which he or she or
some other person was elected a member shall be elected to the City Council more than one further
term.
Section 317 shall be added and shall read:
Section 317.REDISTRICTING. Within six months of the completion of each federal decennial census,
the City Council shall appoint a committee to study and report to the City Council on the advisability of
redistricting the City.District boundaries shall not be altered except as reasonably necessary to promote
greater equality of population among the Districts. Such boundary alteration shall be made in
accordance with Elections Code section 21620-21620.1 and other applicable Federal and California
laws,and by ordinance adopted by affirmative vote of at least two-thirds of the full membership of the
City Council.Any such ordinance adopted within one hundred twenty days immediately preceding any
election of Council members shall not become effective until the day following such election.No
redistricting shall disqualify any Council member from serving as the Council member from the District
he or she was nominated or appointed for the remainder of his or her term..if elected,or until the next
general municipal election,if appointed.
Section 318 shall be added and shall read:
Section 318.ADDITIONAL TERRITORY.Any territory constituting a part of the City and not
specifically included in any district shall be deemed included in the District with which it has the longest
common boundary line. If there shall be no common boundary with any District,then such territory
shall be deemed included in the nearest district to it.
Section 319 shall be added and shall read:
Section 319. LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries of the Districts shall be:
District 1:
At the intersection of Clay Ave. and Goldenwest St., south on Goldenwest St.to the Pacific Ocean.
South on the Pacific Ocean to the City boundary along the Santa Ana River. North on the Santa Ana
River to Hamilton Ave. West on Hamilton Ave. to Bushard St.North on Bushard St.to Atlanta Ave.
West on Atlanta Ave. to Beach Blvd: North on Beach Blvd.to Yorktown Ave. West on YorktoNNm Ave.
to Delaware St. North on Delaware St. to Clay Ave. .West on Clay Ave.to Goldenwest St.
District 2
At the intersection of the City boundary along the Santa Ana River and Hamilton Ave. West on
Hamilton Ave. to Bushard St. \Torth on Bushard St.to Atlanta Ave. West on Atlanta Ave. to Beach
Blvd. North on Beach Blvd. to Yorktov.-n Ave. East on Yorktown Ave. to Worchester Ln. North on
Res. No. 2002-78
Worchester Ln. to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South on Weymouth Ln. to
Grant Dr. East on Grant Dr.to Harding Ln. North on Harding Ln.to Hamden Ln. East on Hamden Ln.
to Newhaven Ln. South on Newhaven Ln.to Bridgeport Dr. East on Bridgeport Dr. to Newland St.
North On Newland St. to Garfield Ave. East on Garfield Ave.to the City boundary along the Santa Ana
River. South on the City boundary to Hamilton Ave.
District 3
At the intersection of Clay Ave. and Goldenwest St., South on Goldenwest St to the Pacific Ocean.
North on the Pacific Ocean to Wamer Ave. East on Wamer Ave.to the City boundary that generally
follows Pacific Coast Highway. South,East,North and West on the City boundary to Warner Ave.
West on Wamer Ave. to Pacific Coast Highway. North on Pacific Coast Highway to the City boundary
east of Bayview Dr. North on the City boundary to Broadway. East on Broadway to Intrepid Ln. North
on Intrepid Ln. to The City boundary north of Remora Dr. West on the City boundary to Pacific Coast
Highway. North on Pacific Coast Highway to the City boundary. Easterly on the City boundary to
Sunset Way East. East on Sunset Way East to Edinger Ave. East on Edinger Ave. to Sherlock Ln.
South on Sherlock Ln. and its extension to Seaview Ln. South on Seaview Ln.to Heil Ave. East on
Heil Ave. to Bolsa Chica St. South on Bolsa Chica St.to Warner Ave. East on Warner Ave. to
Goldenwest St. South on Goldenwest St.to Clay Ave.
District 4
At the intersection of Goldenwest St. and Clay Ave.,West on Clay Ave. to Delaware St. South on
Delaware St. to W.Yorktown Ave. West on Yorktown Ave.to Worchester Ln. North on Worchester Ln. .
to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South on Weymouth Ln.to Grant Dr. East on
Grant Dr.to Harding Ln. North on Harding Ln.to Hamden Ln. East on Hamden Ln.to Newhaven Ln.
South on NevN--haven Ln. to Bridgeport Dr. East on Bridgeport Dr.to Newland St. North On Newland
St.to Warner Ave. West on Wamer Ave.to Magnolia St. North on Magnolia St. to the City boundary
that generally follows Interstate 405. North on the City boundary to the City boundary that generally
follows Heil Ave. West on the City boundary to Beach Blvd. North on Beach Blvd.to Heil Ave. West
on Heil Ave. to Goldenwest St. South on Goldenwest St.to Clay Ave.
District 5
At the intersection of Goldenwest St. and Warner Ave.,West on Warner Ave.to Bolsa Chica St. North
on Bolsa Chica St.to Heil Ave. West on Heil Ave.to Seaview Ln. North on Seaview Ln. and its
extension to Sherlock Ln. North on Sherlock Ln. to Edinger Ave. East on Edinger Ave. to Bolsa Chica
St. North on Bolsa Chica St.to the northern City boundary. At the intersection of the northern City
boundary and Heil Ave., West on Heil Ave.to Goldenwest St. South on Goldenwest St. to Warner Ave.
Section 704 shall be amended to read: .
Section 704. NOMINATION PAPERS.Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City. Additionally, candidates
for City Council must collect said signatures from electors residing in the District where they reside.
Res. No. 2002-78
r
r
SealBeach Westmins
Santa Ana
--05 - --
F +tainValley:
04i—
H [ins: n Beach
.O O• ,
-`02 -
Costa Mesa
n
This map generally illustrates the text of Section 319. If any discrepancies exist,
Section 319 .shall control.
Res. No. 2002-78 r
r
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
5th day of August, 2002 by the following vote:
AYES: Green, Dettloff, Boardman, Houchen, Winchell, Bauer
NOES: Cook
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
The focepokV instnxnent Is a oomsd
copy of etw adpinal on fie in this otfioe.
Attest Q . 0 [( �,20Ab__
C4ty Clark wW EA'-offkAo 00M Of the von
Council of the City of Hurfftton Beach.
CalMomia.
ByQ/ - Deputy
Ddao 9 AA
Eiji
Lek-J, CITY OF HUNTINGTON BEACH
Inter-Department Communication
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
DATE: October 1,2002
SUBJECT: RLS No. 2002-0370. The FAIR Charter Amendment. Sponsor: Mr. Scott R. Baugh
Litigation Concerning this Proposed Charter Amendment.
As you know, in recent weeks,both the Orange County Superior Court (on August 21, 2002),
and the Santa Ana-based state court of appeal (on September 13, 2002),have denied Mr.
Joseph A. Jeffrey's mandamus request to, in effect, set aside the August 5, 2002 decision of
the City Council, selecting March 2, 2004, instead of November 5, 2002, as the election date
for the FAIR("Fair Apportionment and Individual Representative") Charter Initiative,
sponsored by Mr. Scott R. Baugh.
In your Request for Legal Services ("RLS")No.2002-0370, you asked that this office
prepare,under Elections Code § 9280,an impartial analysis of the FAIR Charter Initiative.
It is our suggestion that we wait until approximately six months before the March 2, 2004
election date, and prepare the impartial analysis at that time.
On September 5, 2002,the City Council filed its own mandamus petition in the Orange
County Superior Court, challenging the legal validity of the FAIR Charter Initiative.
The county's Registrar of Voters is named as the respondent in the City Council's action, and
Mr. Baugh is named as the real party in interest. As of the date of this memorandum
(October 1, 2002),no court hearing date has been set on the Council's mandamus petition.
Because the election on the FAIR Charter Initiative is approximately 18 months away, .
coupled with the fact that the legal validity of the initiative has been placed into doubt by the
City Council's mandamus action, it makes eminently good sense to postpone the date of
preparing this office's impartial analysis until at least October 1, 2003.
Please calendar this October 1, 2003 date for follow-up with this office concerning preparation of
the Elections Code § 9280 impartial analysis of the FAIR Charter Amendment.
We are closing RLS No. 2002-0370 at this time,but will reopen it on October 1, 2003.
GAIL HUTTON, City Attorney k0,
cc: Ray Silver, City Administrator; Bill Workman, Assistant City Administrator
Scott Field, Asst. City Attorney; Paul D Alessandro, Asst. City Atty.
rjw/RLS02-0370 FAIR Charter Amendment/jn
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
November 14,2003
Suzanne Slupsky,Election Section Supervisor
Registrar of Voters
P.O. Box 15467
1300-C South Grand Ave.
Santa Ana, CA 92735-9910
Dear Ms. Slupsky:
Enclosed please find Resolution No. 2002-78 adopted on August 4,2002, calling a
Special Municipal Election to be consolidated with the Statewide Primary Election on
March 2, 2004—"A Resolution of the City Council of the City of Huntington Beach,
California ordering the submission to the qualified electors.of the city a proposed _
amendment to the city charter relating to election of five council members.each by . .
district instead of the current seven members elected at-large,to impose a lifetime two
term limit on elected councilmembers instead of the existing two consecutive term limit
and to reduce the total number of councilmembers from seven to five, at a Special
Municipal Election to be held on March 2,2004."
We originally forwarded Resolution No.2002.78 to your office on October 8, 2003. You
kindly informed me that the Resolution was missing the text that promised payment by
the City to the County. Our error has now been rectified.
Also enclosed is a clear copy of the text of the measure and a copy of the original map
that I hope can be used for the Voter's Pamphlet. Please call me if it is acceptable.
Sincerely,
Connie Brockway CMC
City Clerk
CB:pe
CC: Steve Rodermund,Registrar of Voters
Enclosure—Resolution 202-78 (revised)
(Telephone:714-536-5227)
RESOLUTION NO. 2002-78
_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER
RELATING TO ELECTION OF FIVE COUNCILMEMBERS EACH BY DISTRICT
INSTEAD OF THE CURRENT SEVEN MEMBERS ELECTED AT-LARGE, TO IMPOSE A
LIFETIME TWO TERM LIMIT ON ELECTED COUNCILMEMBERS INSTEAD OF THE
EXISTING TWO CONSECUTIVE TERM LIMIT AND TO REDUCE THE TOTAL NUMBER
OF COUNCILMEMBERS FROM SEVEN TO FIVE,AT A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON MARCH 2,2004
WHEREAS,pursuant to authority provided by Article XI of the Constitution and Title 4,
Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3,Article 3
(commencing at § 9255)of the Election Code of the State of California, a petition has been filed
with the legislative body of the City of Huntington Beach signed by more than fifteen per cent of
the registered voters of the City according to the county election department's last official report
of registration to the Secretary of State to submit a proposed charter amendment to the voters;
and
WHEREAS,the City Council is authorized and directed by statute to submit the proposed
charter amendment to the voters;
NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA,DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to Article XI of the Constitution and Title 4,Division 2,
Chapter 3 of the Government Code and Division 9,Chapter 3,Article 3 (commencing at § 9255)
of the Election Code of the State of California,there is called and ordered to be held in the City
of Huntington Beach, California, on March 2,2004,at a Special Municipal Election to be held
that date,the submission of the following proposed charter amendment to the City's voters:
Shall the Huntington Beach City Charter be amended, effective
with the November 2004 General Municipal Election,to YES
provide for: (1)electing five councilmembers instead of the
current seven members; (2)dividing the city into five separately
elected council districts, instead of the current citywide vote;
and(3)imposing an eight-year(two four-year terms)lifetime NO
limit on a councilmember's term of office,instead of the
current limit of two consecutive four-year terms?
SECTION 2. That the text of the proposed charter amendment submitted to the voters is
attached as Exhibit A.
gJelection2002/November/reso-submissionstoelectorsoption2-2002.doc _
SECTION 3. That in all particulars not recited in this resolution,the election shall be
held and conducted as provided by law for holding of municipal elections.
SECTION 4. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election time, in time,form and manner as required by law. .
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 county election department is authorized to canvass the returns of
the March 2, 2004 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 7. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for holding of the said Special
Municipal Election. 1
SECTION 8. 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 9. 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 5th day of August,2002.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney .
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ad strator City Clerk
plelection/2002/November/reso-submissionstoelectorsoption2-2002.doc _
Res. No. 2002-78
EXHIBIT A
Res. No. 2002-78
Proposed Amendment to the Charter of the City of Huntington Beach
Section 300 shall be amended to read:..
Section 300. CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS. The elective
officers of the City shall consist of a City Council of sew five members,a City Clerk,a City Treasurer
and a City Attorney, all to be elected from the City at large,except for Council members,who shall be
elected by District, at the times and in the manner provided in this Charter and who shall, except for City
Council members, serve for terms of four years and until their respective successors qualify. Subject to
the provisions of this Charter,the members of the City Council in office at the time this Charter takes
effect shall continue in office *'' +'�� a,r'�'+'"""f '"'c"pr+'"' ins "'d until their successors are
elected and qualified. Feu All five members of the City Council shall be elected at the general
municipal election held in-1-9§6 2004,one from each District District 1,3,and 5 shall initially be for a_
two-year term, and each fourth year thereafter District 2 and 4 shall be for a four-year term, and each
elected at the-a
fourth year thereafter.
r for.more
be
r•",,,,";i ,,,"To+�,.,,, "ro �.,-+�e-""��� +�*_�-Subject to the provisions of this Charter,the City
Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in
offce.until the expiration of their respective terms and the qualification.of their successors.A City Clerk .
-and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year. .
thereafter. A City Attorney shall be elected in 1966,and each fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following his election.Ties in voting among candidates for office
shall be settled by the casting of lots.
Section 314 shall be added and shall read:
Section 314 DISTRICTS ESTABLISHED For the purpose of electing members of the City Council,
the City shall be divided into five Districts as nearly equal in population as practicable. For the General
Municipal election held in 2004 the boundaries of such Districts shall be those described in section 319.
Thereafter,the boundaries of such districts shall be sub'ect to alteration and change under the provisions
of this Charter. Said redistricting plan may describe the new boundaries by reference map on file with
the City Clerk. A metes and bounds descri tion of the new boundaries need not be contained in said
redistricting plan.
Section 315 shall be added and shall read:
Section 315 COUNCIL MEMBER RESIDENCY REQUIREMENTS. There will be only one member
from each District on the City Council. Even Council member shall be an actual resident and elector of
the District from which the Council member is nominated.Any Council member who moves from the
District of which the Council member was nominated forfeits the office.
Res. No. 2002-78
Section 316 shall be added and shall read:
Section 316 TERM LIMITS No person shall be elected as a member of the City Council for more than
two terms and no person who has been a member for two or more years of a term to which he or she or
some other person was elected a member shall be elected to the City Council more than one further..
term.
Section 317 shall be added and shall read:
Section 317.REDISTRICTING. Within six months of the coin letion of each federal decennial census
the City Council shall appoint a committee to study and report to the City Council on the advisability of
redistricting the City.District boundaries shall not be altered except as reasonably necessary to promote
,_t r_ _ lati..,arno, a the Districts. Such boundary alteration shall be made in
greater equality of NoEiiva�ivu uu.., �
accordance with Elections Code section 21620-21620.1 and other applicable Federal and California
laws,and by ordinance adopted by affirmative vote of at least two-thirds of the full membership of the
City Council Any such ordinance adopted wnthiri one hundred twenty days immediately preceding any
election of Council members shall not become effective until the day following such election.No
redistricting shall dig uali any Council member from serum as the Council member from the District
he or she was nominated or appointed for the remainder of his or her term.if elected or until the next
general municipal election,if appointed.
Section 318 shall be added and shall read:
Section 318 ADDITIONAL TERRITORY Any territory constituting a part of the City and not
s cifically included is anydistrict shall be deemed included in the District with which it has the longest
common boundary line If there shall be no common boundary with any District,then such territory
shall be deemed included in the nearest district to it.
Section 319 shall be added and shall read:
Section 319.LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries of the Districts shall be:
District 1
At the intersection of ClayAve. and Goldenwest St., south on Goldenwest St.to the Pacific Ocean.
South on the Pacific Ocean to the City bound along the Santa Ana River. North on the Santa Ana
River to Hamilton Ave. West on Hamilton Ave. to Bushard St.North on Bushard St.to Atlanta Ave.
West on Atlanta Ave.to Beach Blvd: North on Beach Blvd. to Yorktown Ave. West on Yorkto«n Ave.
to Delaware St. North on Delaware St.to Clay Ave...West on Clay Ave.to Goldenwest St.
District 2
At the intersection of the City boundaEy along the Santa Ana River and Hamilton Ave.West on
Hamilton Ave.to Bushard St. North on Bushard St.to Atlanta Ave. West on Atlanta Ave. to Beach
Blvd. North on Beach Blvd.to Yorktown Ave. East on Yorktown Ave. to Worchester Ln. North on
Res. No. 2002-78
Worchester Ln to Falmouth Dr. East on Falmouth Dr.to Weymouth Ln. South on Weymouth Ln.to
Grant Dr. East on Grant Dr. to Harding Ln. North on Harding Ln.to Hamden Ln. East on Hamden Ln.
to Newhaven Ln South on Newhaven Ln to Bridgeport Dr. East on Bridgeport Dr.to Newland St.
North On Newland St to Garfield Ave East on Garfield Ave.to the City boundary along the Santa Ana
River. South on the City boundary to Hamilton Ave.
District 3 .
At the intersection of Clay Ave. and Goldenweest St. South on Goldenwest St to the Pacific Ocean.
North on the Pacific Ocean to Warner Ave East on Warner Ave to the City boundary that generally
Mows Pacific Coast Highway South,East.I-Torth and West on the City boundary to Warner Ave.
West on Warner Ave to Pacific Coast HighNvay North on Pacific Coast Highway to the City boundary
east of Bayview Dr. North on the City boundary to Broadway. East on Broadway to Intrepid Ln. North
on Intrepid Ln to The City boundary north of Remora Dr. West on the City boundary to Pacific Coast
Highway North on Pacific Coast Highwav to the City boundary. Easterly on the City boundary to
Sunset Way East. East on Sunset Way East to Edinger Ave. East on Edinger Ave.to Sherlock Ln.
South on Sherlock Ln. and its extension to Seaview Ln. South on Seaview Ln.to Heil Ave. East on
Heil Ave. to Bolsa Chica St. South on Bolsa Chica St.to Warner Ave. East on Warner Ave.to
Goldenwest St. South on Goldenwest St.to Clay Ave.
District 4
At the intersection of Goldenwest St and Clay Ave.,West on Clay Ave.to Delaware St. South on
Delaware St. to W.Yorktown Ave. West on Yorktown Ave.to Worchester Ln.. North on Worchester-Ln
to Falmouth Dr. East on Falmouth Dr.to Weymouth Ln. South on Weymouth Ln.to Grant Dr.East on
Grant Dr. to Harding Ln: North on Harding Ln.to Hamden Ln. East on Hamden Ln.to I�'ewhaven Ln.
South on Newhaven Ln to Bridgeport Dr. East on Bridgeport Dr.to Newland St. North On Newland
St to Warner Ave West on Warner Ave to Magnolia St. North on Magnolia St.to the City bounce
that generally follows Interstate 405 North on the City boundary to the City boundary that gene_ j
follows Heil Ave. Weston the City boundary to Beach Blvd. North on Beach Blvd.to Heil Ave. West
on Heil Ave to Goldenwest St. South on Goldenwest St.to Clay Ave.
District 5
At the intersection of G-oldenwest St. and Warner Ave. West on Warner Ave.to Bolsa Chica St North
on Bolsa Chica St. to Heil Ave. 'Vest on Heil Ave.to Seaview Ln. North on Seaview Ln. and its
extension to Sherlock Ln North on Sherlock Ln 'to Edinger Ave. Easton Edinger Ave.to Bolsa Chica
St North on Bolsa Chica St to the northern City boundary. At the intersection of the northem City
boundary and Heil Ave. West on Heil Ave.to Goldenwest St. South on Goldenwest St.to Warner Ave.
Section 704 shall be amended to read: .
Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City. Additionally, candidates
District where then reside.
for CityCouncil must collect said signatures from electors residing in the
Res-. .No.-2002-78
- _ a
`'••� - ...`seal Beach
Westmi u
Santa Ana I
F tain Valley: - -
H Gn t nBeach
S -
\ O O
Costa Mesa
n
This map generally illustrates the text of Section 319. If any discrepancies exist,
Section 319 shall control.
Res. No. 2002-78
t
STATE OF CALIFORNIA
I
..COUNTY OF ORANGE ) ss: I
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 f
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
5th day of August, 2002 by the following vote:
AYES: Green, Dettloff, Boardman, Houchen,Winchell, Bauer
NOES: Cook
ABSENT: None
ABSTAIN: None
City Clerk and ex=officio Clerk of the
City Council of the City of
Huntington Beach, California
CITY OF HUNTINGTON.BEACH
NOTICE OF NOMINEES FOR PUBLIC OFFICE
PROOF OF PUBLICA NOTICE IS HEREBY GIVEN that the following persons have been nominated for tho
offices designated to be filled'at the General Municipal Election to be held in the City of
Huntington Beach on Tuesday, November 5,2002.
STATE OF CALIFORNIA For Member of the City Council Vote for no more than Four
Hansen, Don. a
County of Orange Hardy,Jill
Mello-Navejas, Kathleen
Moreno, C. Jim
I am a Citizen of the Unite Bohr, Keith
resident of the County of Garcia, Steve
Green, Cathy
over the age of eighteen YE,
Dwyer,J. Devin
party to or interested i Albini, PeterG.
Westwell, Norm"Firecracker"
entitled matter. I am a pri carchio,Joe
the HUNTINGTON BEACH It, Coerper,Gil
newspa er of eneral circu Sullivan, Dave
g Ray, Steve
and pu lished in the City Racano,Joey
Beach, ' County of Orar Legg,Jennifer
Lenning, Diane A. -
California, and that attach( Lillis, Robert
true and complete copy � For City Attorney Vote for One
and published in the Hur
and Fountain Valley is McGrath,Jennifer
to wit the issue(: Pugh, Benjamin
newspaper
� Davis, Ron
Armstrong, Alan Leigh
Oct. 10, 2002
Oct . 17, 2002
/s/Connie Brockway
City Clerk
I declare, under penalty C Dated: September24, 2002
the foregoing is true and co
Executed on October 17 , 2002
at Costa Mesa, California.
Signature
THANH PHO HUNTiENGTONBEACH
THONG. BAO L NG CI}VIEN CHO HOI SONG THAN;PHO
..
XIN.THONG BAO nhdng ling cJviEn dtiai day tranh cd vao Hoi Bong Than:
PROOF OF PUB LICAT Ph-'
o va Luat Stl Thanh Pho trong cuoc Bau Cdse gdl' c to-chic-tai Thanh pho Huntin pn
Beach ngay Thd Ba,ruong 3 thaag nam 199&'
STATE OF CALIFORNIA) Ong Cu Vien Hoi Bong Thanh Pho Ba"u t8i da Bo"n d g n d,1'
Hansen, Don
—
County Oran E Hardy, Jill
`� g Mello-Navejas, Kathleen
Moreno; C. Jim
I am a Citizen of the Unite Bohr, Keith
resident of the County of Garcia,.Steve
over the age of eighteen ye Green, Cathy
Dwyer, J. Devin
party to or interested i Albini, Peter G.
entitled matter. I am a pri Westwell,.Norm "Firecracker'
the HUNTINGTON BEACH II` Carchio, Joe .
newspaper of general circL Coerper, Gil
and published in the City Ray Ste Dave
Beach, ' County of Orat Racano, Joey
California, and that attach- Legg, Jennifer
true and complete copy Lending; Diane-A.
and published in the Hu Lillis, Robert
and Fountain Valley 1ng Cu Vie"n Luat Su Thanh phi:
newspaper to wit the issue Bau iH°t nguai
McGrath, Jennifer
P
Oct. 10, ugh, Benjamin. 2002 Davis, Ron
Oct . 17 , 2002 Armstrong, Alan Leigh
/s/ Connie Brockway.
I declare, under penalty Thd Ky Thant,PhA
the foregoing is true and Ng'ay: September 24, 2002
Executed on Octobe
at Costa Mesa, California. ---
Signature
CIUDAD DE HUNTINGTON BEACH
AVISO DE CANDIDATES:PARA CARGO PUBLICO
PROOF F PUB LICA POR MED10 DE LA PRESENTE SE DA AVISO que los siguientes candidatos han
sido nominados para los cargos aqui dentro mencionados que seran ocupados en la Eleccion
Municipal General que tendril lugar en Ia,Cuidad de Huntington Beach,el dta marfe
5 de Noviembre de 2002. s,
STATE OF CALIFORNIA Para Socio'del Conce�o Municipal vote pot-no mils de cuatM
Hansen,Don
County of Orange Hardy,Jill
Mello-Navejas, Kathleen
Moreno,C.Jim
am a Citizen of the Unit' Bohr,Keith
resident of the Count\/ a Garcia, Steve
`I Green, Cathy
over the age of eighteen yi Dwyer,J.Devin
party to or interested Albini,.Peter G.
Westwell, Norm"Firecracker"
entitled matter. I am a pr Carchio,Joe
the HUNTINGTON BEACH 1' 7 Coerper,Gil
Sullivan,Dave
newspaper of general circ Ray,Steve
and published in the CI Racano,Joey
Legg,Jennifer;
Beach, ' County of Orc Lenning,Diane A.
California, and that attacl Lillis, Robert
true and complete copy Abogado(a)de la Ciudad Vote por Uno .
and published in the Hl.
McGrath,Jennifer
and Fountain Valley Pugh, Benjamin
newspaper to wit the issue Davis, Ron
Armstrong,Alan Leigh
Oct . 10, 2002
Oct . 17, 2002 /s/Connie Brockway
Secretaria Municipal
Fecha: 24 de Septiembre de 2002
declare, under penalty
the foregoing is true and
Executed on October 17 , 2002
at Costa Mesa, California.
Signature
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years, and not a
party to or interested in the below
entitled matter. I am a principal clerk of
the HUNTINGTON BEACH INDEPENDENT, a
newspaper of general circulation, printed
and published in the City of Huntington
Beach, ' County of Orange, State of
California, and that attached Notice is a
true and complete copy as was printed
and published in the Huntington Beach
and Fountain Valley issues of said
newspaper to wit the issue(s) of:
October 17 , 2002
I declare, under penalty of perjury, that
the foregoing is true and correct.
Executed on October 17 , 2002
at Costa Mesa, California.
Signature
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
EMERGENCY,UbMANC6_TIO.3580
Adopted 4 the CityCotlna1onOctober1,2002. committee,but,rather to enforce the contribution
AN EMERGENCY ORDINANCE OF THE CITY OF limit only;and
HUNTINGTON BEACH AMENDIN6 SECTION.2.01:050(B) j To the extent that the contributions to the
person or committee are within the maximum
. OF THE HUNTINGTON BEACH MUNIaPALCODE — limit, independent expenditures still may be
REGARDING THE CAMPAIGN CONTRIBUTIONUMLTATH)N made. However, to the extent that they exceed
the maximum contribution limit, they still give
OF THE CITY OF HUNTINGTON BEACH CAMPAIGN rise to actual, or the appearance of political
REFORM LAW quid pro quos, with candidates being more
inclined to provide favors and attention to those
FULL TEXT:, individuals who contributed large sums to
WHEREAS, the City Council adopted in 1994 independent persons or committees, who spent
Campaign
the"City of Huntington Bea h Cign Reform I ees
ri the money in support of the candidate;and
Law";and The City Council is desirous of codifying this '
The purpose of the Campaign Reform Law.is interpretation to avoid further litigation;
to ensure that the financial strength'of certain i NOW,THEREFORE,the City Council,of the Cit
individuals or organizations would 'not permit y
j of Huntington Beach hereby ordain as follows:
them to exercise a disproportionate or p3 SECTION 1. That Section 2.07;050(b) of the
controlling influence on the election of City )m Huntington Beach Municipal Code is hereby
candidates. Large contributions to candidates y
pose the actual' and perceived threat of 3q amended to read as follows: "Any person or
corruption in that large contributions could give hn committee, during the twelve (12) months
rise.to political quid pro quos, with candidates �e preceding a City election, that makes
being more inclined to provide favors and yo independent expenditures or incurs obligations
attention to those individuals who contributed >a supporting or opposing,city candidate(s) shall
a� not accept any 5oamou tts set from any person
large sums to the candidate's campaign.In order in excess of the amounts set forth in Section
to avoid both the appearance of and actual — 2.07.050(a) during the applicable time periods
corruption, the Campaign Reform Law was I as set forth in Section-2.07.070 of this Chapter,
designed to reduce the influence of large 1e provided that.if the persons or committee
contributions and ensure that multiple, w accepts contributions in excess of said amounts,
contributions'in excess of the contribution limits to it shall not make expenditures in excess of the
do not originate from the same source of funds;and e number of contributors multiplied by the.
contribution limit. This subsection does not
The City Council finds it highly likely that a 'N
candidate for local office would notice the 'P prohibit individuals from making joint
independent expenditures for purchasing
identities of individual contributor's, regardless IJ_
advertisements and engaging in similar
of whether the contribution was made directly `
to the candidate, or even to an independent ii expressive activity,provided they pay the vendor
person or committee that made an expenditure d directly and separately."
in favor of the candidate.This situation creates; d SECTION 2. This codification of an existing
administrative
at the very least,, the possibility of an y interpretation of the Campaign
appearance of improper Reform Law should not be interpreted as
political influence. This excusing compliance with the California Political
situation could also give rise to the appearance 3 Reform Act, including the Political Reform Act's
that contributors are evading valid limitations reporting requirements.
on contribution_s to candidates by funneling their I SECTION 3.The City Council declares that this
contributions to independent expenditure 1 emergency ordinance is required for the
committees, rather than directly to candidates, immediate reservation of the
knowing full well that their contributions will P public peace,
health,
be spent (albeit "independently") on behalf of safety. Absent adoption this
ordinancee,, the effectiveness of the Campaign
paign
the candidates;and Reform Law is in doubt during the pendency of
At issue, in the case entitled Lincoln Club v. ! the November 2002 election.Therefore,pursuant
City of Irvine, 292, F.3d 934 (9th Cir. 2002), [ABSENT:None
ection 501 of the City Charter;this ordinance
was a challenge to a campaign regulation ll become effective immediately upon its
applicable to contributions made to persons or rmance by at least five of the members of
committees engaged in making independent;and City Council.
The Lincoln Club decision, the Ninth Circuit IES OF THIS ORDINANCE ARE AVAILABLE
held that, to the extent the Irvine regulation HE CITY CLERK'S OFFICE.
prohibited any person or committee from making SED AND ADOPTED by the City Council of
independent expenditures where they had City of Huntington Beach at a regular
accepted contributions in excess of the ting held Monday, October 7, t a b g the
contribution limit amounts,it regulated campaign y
expenditures, not campaign contributions, and wing roll call vote:
consequently, was subject to strict judicial
S: Green, Dettloff, Boardman, Cook,
scrutiny, a standard of judicial review under S: n,Winchell,Bauer
which virtually no legislation can survive;and S:None
ENT:None
Although the Huntington Beach Campaign is ordinance is effective immediately upon`
Reform Law does not expressly state what doption.happens if contributions to a person or CITY OF HUNTINGTON BEACH,
committee in excess of the contribution limit OF H MAIN STREET,
are received, it was never the intent of the HUNTINGTON BEACH,EE 92648
Campaign Reform Law to prohibit allexpenditures by the recipient person or 714-536-5227,
committee,but rather to enforce the contribution CONNIE BROCKWAY,CITY CLERK
lished Huntington Beach Independent October
limit nnly and 002
103-20E
Ajcj
8/14/02
7f,02 AUG 15 AN & 5 5
C1T'f ti � T05h'1EY
Gail,��dL ` �✓ ;it;:v�1;;6T0i! BEACH
Please amend this resolution adopted by Council on 8/5/02 so that it will conform to
holding the election March 2, 2004
and will also remove S. 1 as Council does not want to take priority to file written
arguments.
Will the first Whereas have to be changed to reflect a March 2, 2002 Special Municipal
Election—
I think it should say Whereas pursuant to Resolution No. 2002-78 adopted on August 5,
2002, a Special Municipal Election has been called for March 2, 2004 at which there will
be submitted to the voters --------
Vi TY OF HUNTINGTON BEACh
MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: CK2002-8
Council/Agency Meeting Held: 6�—OS-OZ
Deferred/Continued to:
Ap roved ❑ Conditionally Approved ❑ Denied 1VP City Clerk's gnature
Council Meeting Date: August 5, 2002 Department ID Number: CK2002-8
CITY OF HUNTINGTON BEACH a
REQUEST FOR ACTION _
cc::)! r
SUBMITTED TO: HONORABLE MAYOR AND COUNCILMEMBERS
SUBMITTED BY: Connie Brockway, City Clerks TJ 'i-
Gail Hutton, City Attorney C L
PREPARED BY: Connie Brockway, City Clerk& 1 �
Gail Hutton, City Attorney ( tk
SUBJECT: Resolution No. 2002-77 - Submission to the Voters of a Proposed
Amendment to the Huntington Beach City Charter to Establish Five Council
Districts - Reduce Number of City Councilmembers from Seven to Five
Members and Establish Lifetime Term Limits in Place of Current Consecutive
Term Limits and Alternative Resolution No. 2002-78 to Submit Measure at
Future Election Date
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Communication from the City Clerk transmitting two resolutions for
consideration by Council to add a measure on either the November 5, 2002 General
Municipal Election ballot, or a later election date to be set by the Council. The measure is
the proposed amendment to the Huntington Beach City Charter which has been initiated by
petition (Scott Baugh, proponent). See Agenda Item F-3a.
Funding Source: General Fund.
Available Actions: Motion to:
IL 1 JeI—G. 002 Election
le ctit ITDate
7s heleetee:.
tt
of th r fle 4he. /l�� 1� i fed Clue terc. e,
Beach,
the
Lffge ^
/ I vy W1
(Continued on Next Page)
G:\RCA'S\2002rca\ck2002-8 submit to voters.DOT - 8/2/2002 3:21 PM
REQUEST FOR ACTION
MEETING DATE: August 5, 2002 DEPARTMENT ID N UMBER:Resolution
No. 2002-77 - Submission to the Voters of a Proposed Amendment to the Huntington
Beach City Charter to Establish Five Council Districts - Reduce Number of City
Councilmembers from Seven to Five Members and Establish Lifetime Term Limits in
Place
,
OR
If a Later Election Date is Selected:
2. Adopt Resolution No. 2002-78 - "A Resolution of the City Council of the City of
Huntington Beach, California Ordering the Submission to the Qualified Electors of the
City of a Proposed Amendment to the City Charter Relating to Election of Five
Councilmembers Each by District Instead of the Current Seven Members Elected At-
Large, to Impose a Lifetime Two Term Limit on Elected Councilmembers Instead of the
Existing Two Consecutive Term Limit and to Reduce the Total Number of Council
Members from Se n to Five, at a Special Municipal Election to be Held on
MAC 2 2oa
Resolution No. 2002-79 (See Agenda Item F-3c) Setting Priorities for Written Arguments
and Directing Preparation of an Impartial Analysis can be adopted, as amended to reflect the
election date selected by the City Council.
Analysis: According to the City Attorney, there are six available election dates, prior to the
November 3, 2004 effective date of the proposed initiative charter amendment. These six
dates are: November 5, 2002; March 4, 2003; June 3, 2003; November 4, 2003;
March 2, 2004; and April 13, 2004. A copy of the City Attorney's July 31, 2002 opinion is
included in the agenda packet.
Adoption of Resolution No. 2002-77 would place this matter on the November 5, 2002
General Municpal Election Ballot. August 9, 2002 is the last date that a measure can be
placed on the November 5th election ballot.
If the Council instead selects one of the five remaining later dates for the holding of the
election on the proposed initiative charter amendment, then Resolution No. 2002-78 should
be adopted. There are several blank spaces in this resolution. They will be filled in with the
election date selected by the Council.
Environmental Status: Not Applicable.
GARCA'S\2002rca\ck2002-8 submit to voters.DOT '�3- 8/2/2002 3:41 PM
REQUEST FOR ACTION
MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER:Resolution
No. 2002-77 - Submission to the Voters of a Proposed Amendment to the Huntington
Beach City Charter to Establish Five Council Districts - Reduce Number of City
Councilmembers from Seven to Five Members and Establish Lifetime Term Limits in
Place
Attachment(s):
City Clerk's
Pa
. - . - Description
1. Resolution Nos. 2002-77 and 2002-78
2. Elections Code Sections 9215; 9255a; 1415; and 1000
RCA Author: C. Brockway x5404
G:\RCA'S\2002rca\ck2002-8 submit to voters.DOT -4- 8/2/2002 3:41 PM
ATTACHMENT 1
Res.No. 2002-77
RESOLUTION NO. ,?qoq--77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER
RELATING TO ELECTION OF FIVE COUNCILMEMBERS EACH BY DISTRICT
INSTEAD OF THE CURRENT SEVEN MEMBERS ELECTED AT-LARGE,TO IMPOSE A
LIFETIME TWO TERM LIMIT ON ELECTED COUNCILMEMBERS INSTEAD OF THE
EXISTING TWO CONSECUTIVE TERM LIMIT AND TO REDUCE THE TOTAL NUMBER
OF COUNCILMEMBERS FROM SEVEN TO FIVE,AS PART OF THE CITY'S GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 5, 2002,
CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION, AS CALLED BY
EARLIER RESOLUTION NOS. 2002-60 AND 2002-61
WHEREAS, the City Council of the City of Huntington Beach("City"), on '
June 17,2002,by its adoption of Resolution No. 2002-60,called for and ordered that a General
Municipal Election be held on November 5, 2002, for the purposes of electing four(4)members
of the City Council for the full term of four years-,and a City Attorney for the full term of four
years; and
WHEREAS, the City Council, on June 17, 200,�,by its adoption of Resolution
No. 2002-61, requested the consent and agreement of the Board of Supervisors of the County of
Orange,pursuant to Elections Code § 10403, to consolidate the City's November 5, 2002
General Municipal Election with the Statewide General Election which will also be held on the
same date(November 5, 2002); and
WHEREAS, under Section 4 of said Resolution No. 2002-61, the City recognized that the
County of Orange would incur additional costs by such consolidation, if approved by the Board
of Supervisors, and agreed to reimburse the County of Orange for such additional costs;
WHEREAS, the City Council, on August 5, 2002,by the adoption of this resolution,
desires to add an additional item for the voters' consideration at the City's November 5,2002
General Municipal Election—a proposed amendment to the City's Charter initiated by petition,
concerning, inter alia, the manner in which members of the City Council are to be elected;
WHEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4,
Division 2, Chapter 3 of the Government Code and Division 9,Chapter 3, Article 3
(commencing at § 9255) of the Election Code of the State of California, a petition has been filed
with the legislative body of the City of Huntington Beach signed by more than fifteen per cent of
the registered voters of the City according to the county election department's last official report
of registration to the Secretary of State to submit a proposed charter amendment to the voters;
and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
charter amendment to the voters;
. yy
winA' 'A
.
g:/election/2002/november/reso-submissiontoelectors-2002.doc
- Res.No. 2002-77
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to Article XI of the Constitution and Title 4,Division 2,
Chapter 3 of the Government Code and Division 9, Chapter 3,Article 3 (commencing at§ 9255)
of the Election Code of the State of California,there is called and ordered-to be held in the City
of Huntington Beach, California, on Tuesday,November 5, 2002, as part of the City's General
Municipal Election,consolidated with the Statewide General Election, the submission of the
following proposed charter amendment to the City's voters:
Shall the Huntington Beach City Charter be amended, effective
with the November 2004 General Municipal Election,to provide YES
for: (1)electing five councilmembers instead of the current
seven members; (2)divitiihg.the city into five separately elected
council districts,instead of Jl q current citywide vote; and(3)
imposing an eight-year(two:,f 6r-year,terms)lifetime limit on a
councilmember's term of offieenstead,of the current limit of NO
two consecutive four-year terms?
SECTION 2. That the text of the proposed charter amendment submitted to the voters is
attached as Exhibit A.
SECTION 3. That in all particulars not recited in this resolution,the election shall be
held and conducted as provided bylaw for holding of municipal elections.
SECTION 4. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 5. That the Board of Supervisors is requested to consent to the addition of the
initiative charter amendment proposal to the other items to be considered by the City's voters at
said General Municipal Election.
SECTION 6. That the county election department is authorized to canvass the returns of
the November 5, 2002 General Municipal Election. The election shall be held in all respects as
if there were only one election, and only one form of ballot shall be used.
SECTION 7. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for holding of the consolidated
election.
SECTION 8. The City of Huntington Beach recognizes that additional costs will be
incurred by the County by reason of adding the initiative charter amendment proposal to the
other matters to be considered by the City's voters at said General MurpcpalElecton and agrees
to reimburse the County for any such additional costs. ry=
g:/election/2002/november/reso-submissiontoelectors-2002.doc
Res.No. 2002-77
SECTION 9. The City Clerk is hereby directed to file a certified copy of this resolution
with the Boafd of Supervisors and the county election department of the County of Orange.
SECTION 10. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter iti.into the book of original Resolutions.
PASSED ANDr ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
v
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Adrf6istrator City Clerk
g:/election/2002/november/reso-submissiontoelectors-2002.doc
Res.No. 2002-77
%.
v:
EXHIBIT
A
Res. No. 2002-77
Proposed Amendment to the Charter of the City of Huntington Beach
Section 300 shall be amended to read:
Section 300. CITY COUNCIL, ATTORNEY,CLERK AND TREASURER. TERMS. The elective
officers of the City shall consist of a City Council of seve five members,a City Clerk, a City Treasurer
and a City Attorney, all to be elected from the City at large,except for Council members,who shall be
elected by District, at the times and in the manner provided in this Charter and who shall, except for City
Council members, serve for terms of four years and until their respective successors qualify. Subject to
the provisions of this Charter, the members of the City Council in office at the time this Charter takes
effect shall continue in office until the • sea of their rncnnntivn to-=s and until their successors are
elected and qualified. Four All five members of the City Council shall be elected at the general
municipal election held in--9§6 2004, one from each District. District 1,3,and 5 shall initially be for a
two-year terns, and each fourth year thereafter. District 2 and 4 shall be for a four-year term, and each
fourth year thereafter. T ae ^f ah r•t, Co n^'l shall be AleGte o at the general municipal
�
City GeunGiill ffer th—pnth.ve terms and Re I-r-sen who has been a member-for-more di
LA alp-atead to the,Q
r-,,,.,,,.il m„ro than one fi—i;:0-:1er + .,o+or.,, Subject to the provisions of this Charter,the City
Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in
office until the expiration of their.respective terms and the qualification of their successors. A City Clerk
and City Treasurer shall be elected at the general municipal election held in 1968,and each fourth year
thereafter. A City Attorney shall be elected in 1966,and each fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following his election.Ties in voting among candidates for office
shall be settled by the casting of lots.
Section 314 shall be added and shall read:
Section 314. DISTRICTS ESTABLISHED. For the purpose of electing members of the City Council,
the City shall be divided into five Districts as nearly equal in population as practicable. For the General
Municipal election held in 2004, the boundaries of such Districts shall be those described in section 319.
Thereafter, the boundaries of such districts shall be subject to alteration and change under the provisions
of this Charter. Said redistricting plan may describe the new boundaries by reference map on file with
the City Clerk A metes and bounds description of the new boundaries need not be contained in said
redistricting plan. kr
Section 315 shall be added and shall read:
Section 315. COUNCIL MEMBER RESIDENCY REQUIREMENTS. There wi 1) C?jlyF:Qre`iheber
from each District on the City Council. Even, Council member shall bean actual resident and e ect of
the District from which the Council member is nominated. Any Council member who moves from the
District of which the Council member vas nominated forfeits the office.
Res. No. 2002-77
Section 316 shall be added and shall read:
Section 316. TERM LIMITS No person shall be elected as a member of the Cib, Council for more than
two terms, and no person who has been a member for two or more years of a terns to which he or she or
some other person was elected a member shall be elected to the City Council more than one further
term.
Section 317 shall be added and shall read:
Section 317. REDISTRICTING. Within six months of the completion of each federal decennial census,
the City Council shall appoint a committee to study and report to the City Council on the advisability of
redistricting the City. District boundaries shall not be altered except as reasonably necessary to promote
greater equality of population among the Districts.Such boundary alteration shall be made in
accordance with Elections Code section 21620-216M.1 and other applicable Federal and California
laws, and by ordinance adopted by affirmative vote of at least two-thirds of the full membership of the
City Council. Any such ordinance adopted within one Hundred twenty days immediately preceding any
election of Council members shall not become effective until the day following such election.No
redistricting shall disqualify any Council member from serving as the Council member from the District_
he or she was nominated or appointed for the remainder of his or her term.if elected, or until the next
general municipal election,if appointed.
Section 318 shall be added and shall read:
Section 318.ADDITIONAL TERRITORY. Any territory constituting a part of the City and not
specifically included in any district shall be deemed included in the District with which it has the longest
common boundary line. If there shall be no common boundary with any District, then such territory
shall be deemed included in the nearest district to it.
Section 319 shall be added and shall read:
Section 319. LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries of the Districts shall be:
District 1:
At the intersection of Clay Ave. and Goldenwest St., south on Goldenwest St. to the Pacific Ocean.
South on the Pacific Ocean to the City boundary along the Santa Ana River. North on the Santa Ana
River to Hamilton Ave. West on Hamilton Ave. to Bushard St.North on Bushard St.to Atlanta Ave. <o
West on Atlanta Ave. to Beach Blvd. North on Beach Blvd. to Yorktown Ave. West on Yorktown Ave
to Delaware St. North on Delaware St. to Clay Ave. West on Clay Ave.to Goldenwest St.
,sue
Al
District 2 z�,
At the intersection of the City boundary along the Santa Ana River and Hamilton Ave. West on
Hamilton Ave. to Bushard St. North on Bushard St. to Atlanta Ave. West on Atlanta Ave. to Beach'
Blvd. North on Beach Blvd. to Yorktown Ave. East on Yorktown Ave. to Worchester Ln. North on�����
Res.No. 2002-77
Worchester Ln. to Falmouth Dr. East on Falmouth Dr.to Weymouth Ln. South on Weymouth Ln. to
_Grant Dr. East on Grant Dr. to Harding Ln. North on Harding Ln. to Hainden Ln. East on Hamden Ln.
to Newhaven Ln. South on Newhaven Ln.to Bridgeport Dr. East on Bridgeport Dr. to Newland St. .
North On Newland St. to Garfield Ave. East on Garfield Ave. to the City boundary along the Santa Ana
River. South on the City boundary to Hamilton Ave.
District 3
At the intersection of Clay Ave. and Goldenwest St., South on Goldenwest St to the Pacific Ocean.
North on the Pacific Ocean to Warner Ave. East on Warner Ave.to the City boundary that generally
follows Pacific.Coast Highway. South,East,North and West on the City boundary to Warner Ave.
West on Warner Ave. to Pacific Coast Highway. North on Pacific.Coast Highway to the City boundary
east of Bayview Dr. North on the City boundary to Broadway. East on Broadway to Intrepid Ln. North
on Intrepid Ln. to The City boundary north of Remora Dr. West on the City boundary to Pacific Coast
Highway. North on Pacific Coast Highway to the City boundary. Easterly on the City boundary to
Sunset Way East. East on Sunset Way East to Edinger Ave. East on Edinger Ave. to Sherlock Ln.
South on Sherlock Ln. and its extension to Seaview Ln. South on Seaview Ln. to Heil Ave. East on
Heil Ave. to Bolsa Chica St. South on Bolsa Chica St.to Warner Ave. East on Warner Ave. to
Goldenwest St. South on Goldenwest St.to Clay Ave.
District 4
At the intersection of Goldenwest St. and Clay Ave.,West on Clay Ave. to Delaware St. South_on
Delaware St. to W.Yorktown Ave. West on Yorktown Ave.to Worchester Ln. North on Worchester Ln
to Falmouth Dr. East on Falmouth Dr.to Weymouth Ln. South on Weymouth Ln. to Grant Dr. East on
Grant Dr. to Harding Ln. North on Harding Ln. to Hamden Ln. East on Hamden Ln. to Newhaven Ln.
South on Newhaven Ln. to Bridgeport Dr. East on Bridgeport Dr. to Newland St. North On Newland
St. to Warner Ave. West on Warner Ave.to Magnolia St. North on Magnolia St. to the City boundary
that generally follows Interstate 405. North on the City boundary to the City boundary that generally
follows Heil Ave. West on the City boundary to Beach Blvd. North on Beach Blvd. to Heil Ave. West
on Heil Ave. to Goldenwest St. South on Goldenwest St.to Clay Ave.
District 5
At the intersection of Goldenwest St. and Warner Ave.,West on Warner Ave.to Bolsa Chica St. North
on Bolsa Chica St. to Heil Ave. West on Heil Ave. to Seaview Ln. North on Seaview Ln. and its
extension to Sherlock Ln. North on Sherlock Ln.to Edinger Ave. East on Edinger Ave. to Bolsa Chica
St. North on Bolsa Chica St. to the northern City boundary. At the intersection of the northern City
boundary and Heil Ave., West on Heil Ave.to Goldenwest St. South on Goldenwest St.to Warner Ave.
Section 704 shall be amended to read: .
Section 704. NOMINATION PAPERS.Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City. Additionally, candidates
for City Council must collect said signatures from electors residing in the District where they reside.
�O
Res. No. 2002-77
Seal Beach Wes
Santa Ana j
—-05 ---- ---
P tain Valley
04.--
3 H tingt n Beach /
-------Qt-
Costa Mesa
73
This map generally illustrates the text of Section 319. If any discrepancies exist,
Section 319 shall control.
>> % '
> r h
im
..r �. 3
RESOLUTION NO. 2002-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTNGTON
BEACH, CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER
RELATING TO ELECTION OF FIVE COUNCILMEMBERS EACH BY DISTRICT
INSTEAD OF THE CURRENT SEVEN MEMBERS ELECTED AT-LARGE, TO IMPOSE A
LIFETIME TWO TERM LIMIT ON ELECTED COUNCILMEMBERS INSTEAD OF THE
EXISTING TWO CONSECUTIVE TERM LIMIT AND TO REDUCE THE TOTAL NUMBER
OF COUNCILMEMBERS FROM SEVEN TO FIVE, AT A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON March 2, 2004
WHEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4,
Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3
(commencing at § 9255) of the Election Code of the State of California, a petition has been filed
with the legislative body of the City of Huntington Beach signed by more than fifteen per cent of
the registered voters of the City according to the county election department's last official report
of registration to the Secretary of State to submit a proposed charter amendment to the voters;
and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
charter amendment to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA,DOES RESOLVE,DECLARE,DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to Article XI of the Constitution and Title 4, Division 2,
Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at § 9255)
of the Election Code of the State of California, there is called and ordered to be held in the City
of Huntington Beach, California, on March 2, 2004 , at a Special Municipal
Election to be held that date, the submission of the following proposed charter amendment to the
City's voters:
Shall the Huntington Beach City Charter be amended, effective
with the November 2004 General Municipal Election, to provide YES
for: (1)electing five councilmembers instead of the current
seven members; (2)dividing the city into five separately elected
council districts, instead of the current citywide vote; and (3)
imposing an eight-year(two four-year terms)lifetime limit on a NO
councilmember's term of office, instead of the current limit of
two consecutive four-year terms?
SECTION 2. That the text of the proposed charter amendment submitted to the voters is
attached as Exhibit A.
g:/election/2002/november/reso-subm issiontoelectorsoption2-2002.doc
I
Res. No. 2002-78
SECTION 3. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding of municipal elections.
SECTION 4. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 5. That the county election department is authorized to canvass the returns of
the March 2, 2004 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 6. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for holding of the said Special
Municipal Election.
SECTION 7. 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 8. 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 5th day of August , 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 4-IS-0 eC, City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ad inistrator City Clerk
g:/election/2002/november/reso-submissiontoelectorsoption2-2002.doc
Res. No. 2002-78
EXHIBIT
A
Res. No. 2002-78
Proposed Amendment to the Charter of the City of Huntington Beach
Section 300 shall be amended to read:
Section 300. CITY COUNCIL, ATTORNEY,CLERK AND TREASURER. TERMS. The elective
officers of the City shall consist of a City Council of semen five members,a City Clerk, a City Treasurer
and a City Attorney, all to be elected from the City at large, except for Council members, who shall be
elected by District, at the times and in the manner provided in this Charter and who shall, except for City_
Council members, serve for terms of four years and until their respective successors qualify. Subject to
the provisions of thus Charter, the members of the City Council in office at the time this Charter takes
effect shall continue in office,,,,+_i+hp e?Ti atie efthe;i,.respective+A''^'S "'d.until their successors are
elected and qualified. Feu All five members of the City Council shall be elected at the general
municipal election held in4466 2004. one from each District. District 1,3,and 5 shall initially be for a
two-year terns, and each fourth year thereafter. District 2 and 4 shall be for a four-year term, and each
fourth year thereafter. a
.eleetien held in 1968, an4 eaeh fe�rf4 yea-the;;eaAer-No per-son shall be eler-'ed-as a a4p-r.-Abe-r eft—LG
r.,unc-iFAer-e than ,,,,A +oim. Subject to the provisions of this Charter,the City
Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in
office until the expiration of their respective terms and the qualification of their successors. A City Clerk
and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year
thereafter. A City Attorney shall be elected in 1966,and each fourth year thereafter.
The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney
shall commence on the first Monday following his election.Ties in voting among candidates for office
shall be settled by the casting of lots.
Section 314 shall be added and shall read:
Section 314. DISTRICTS ESTABLISHED. For the purpose of electing members of the City Council,
the City shall be divided into five Districts as nearly equal in population as practicable. For the General
Municipal election held in 2004,the boundaries of such Districts shall be those described in section 319.
Thereafter the boundaries of such districts shall be subiect to alteration and change under the provisions
of this Charter. Said redistricting plan may describe the new boundaries by reference map on file with
the City Clerk A metes and bounds description of the new boundaries need not be contained in said
redistricting plan.
Section 315 shall be added and shall read:
Section 315 COUNCIL MEMBER RESIDENCY REQUIREMENTS. Thefe will be only one member
from each District on the Citv Council. Every Council member shall be an actual resident and elector of
the District from which the Council member is nominated. Any Council member who moves from the
District of which the Council member,,,-as nominated forfeits the office.
Res. No. 2002-78
Section 316 shall be added and shall read:
Section 316. TERM LIMITS No person shall be elected as a member of the City Council for more than
two terms, and no person who has been a member for two or more years of a teml to which he or she or
some other person was elected a member shall be elected to the City Council more than one further
term.
Section 317 shall be added and shall read:
Section 317. REDISTRICTING. Within six months of the completion of each federal decennial census,
the City Council shall appoint a committee to study and report to the City Council on the advisability of
redistricting the City. District boundaries shall not be altered except as reasonably necessary to promote
greater equality of population among the Districts. Such boundary alteration shall be made in
accordance with Elections Code section 21620-21620.1 and other applicable Federal and California
laws,and by ordinance adopted by affirmative vote of at least two-thirds of the full membership of the
City Council. Any such ordinance adopted within one hundred twenty days immediately preceding any
election of Council members shall not become effective until the day following such election.No
redistricting shall disqualify any Council member from serving as the Council member from the District
he or she was nominated or appointed for the remainder of his or her term. if elected, or until the next
general municipal election,if appointed.
Section 318 shall be added and shall read:
Section 318. ADDITIONAL TERRITORY. Any territory constituting a part of the City and not
specifically included in any district shall be deemed included in the District with which it has the longest
common boundary line. If there shall be no common boundary with any District,then such territory
shall be deemed included in the nearest district to it.
Section 319 shall be added and shall read:
Section 319. LEGAL DESCRIPTIONS OF DISTRICTS. The initial boundaries of the Districts shall be:
District 1:
At the intersection of Clay Ave and Goldenwest St., south on Goldenwest St.to the Pacific Ocean.
South on the Pacific Ocean to the City boundary along the Santa Ana River. North on the Santa Ana
River to Hamilton Ave. West on Hamilton Ave. to Bushard St. North on Bushard St. to Atlanta Ave.
West on Atlanta Ave. to Beach Blvd: North on Beach Blvd. to Yorktown Ave. West on YorktoNN Ave.
to Dela,,vare St. North on Delaware St. to Clay Ave. West on Clay Ave.to Goldenwest St.
District 2
At the intersection of the City boundary along the Santa Ana River and Hamilton Ave. West on
Hamilton Ave. to Bushard St. North on Bushard St. to Atlanta Ave. West on Atlanta Ave. to Beach
Blvd. North on Beach Blvd.to Yorktown Ave. East on Yorktomm Ave. to Worchester Ln. North on
Res. No. 2002-78
Worchester Ln. to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South on Weymouth Ln. to
Grant Or. East on Grant Dr. to Harding Ln. North on Harding Ln. to Hamden Ln. East on Hamden Ln.
to Newhaven Ln. South on Newhaven Ln. to Bridgeport Dr. East on Bridgeport Dr. to Newland St.
North On\Te-\\,land St. to Garfield Ave. East on Garfield Ave. to the City boundary along the Santa Ana_
River. South on the City boundary to Hamilton Ave.
District 3
At the intersection of Clay Ave. and Goldenwest St., South on Goldenwest St.to the Pacific Ocean.
North on the Pacific Ocean to Warner Ave. East on Warner Ave.to the City boundary that generally
follows Pacific Coast Highway. South.East,North and West on the City boundary to Warner Ave.
West on Warner Ave. to Pacific Coast HighN�,ay. North on Pacific Coast Highway to the City boundary
east of Bayview Dr. North on the City boundary to Broadway. East on Broadway to Intrepid Ln. North
on Intrepid Ln. to The City boundary north of Remora Dr. West on the City boundary to Pacific Coast
Highway. North on Pacific Coast Highway to the City boundary. Easterly on the City boundary to
Sunset Wav East. East on Sunset Way East to Edinger Ave. East on Edinger Ave. to Sherlock Ln.
South on Sherlock Ln. and its extension to Seaview Ln. South on Seaview Ln. to Heil Ave. East on
Heil Ave. to Bolsa Chica St. South on Bolsa Chica St. to Warner Ave. East on Warner Ave. to
Goldenwest St. South on Goldenwest St. to Clay Ave.
District 4
At the intersection of Goldenwest St. and Clay Ave., West on Clay Ave. to Delaware St. South on
Delaware St. to W.Yorktown Ave. West on Yorktown Ave. to Worchester Ln. North on Worchester Ln
to Falmouth Dr. East on Falmouth Dr. to Weymouth Ln. South on Weymouth Ln. to Grant Dr. East on
Grant Dr. to Harding Ln. North on Harding Ln.to Hamden Ln. East on Hamden Ln. to Newhaven Ln.
South on NTewhaven Ln. to Bridgeport Dr. East on Bridgeport Dr.to Newland St. North On Newland
St.to Warner Ave. 'Vest on Warner Ave.to Magnolia St. North on Magnolia St. to the City boundary
that generally follows Interstate 405. North on the City boundary to the City boundary that generally
follows Heil Ave. 'Vest on the City boundary to Beach Blvd. North on Beach Blvd.to Heil Ave. West
on Heil Ave. to Goldenwest St. South on Goldenwest St.to Clay Ave.
District 5
At the intersection of Goldenwest St. and Warner Ave. West on Warner Ave. to Bolsa Chica St. North
on Bolsa Chica St. to Heil Ave. West on Heil Ave.to Seaview Ln. North on Seaview Ln. and its
extension to Sherlock Ln. North on Sherlock Ln.to Edinger Ave. East on Edinger Ave. to Bolsa Chica
St. North on Bolsa Chica St. to the northern Citv boundary. At the intersection of the northern City
boundary and Heil Ave., West on Heil Ave. to Goldenwest St. South on Goldenwest St. to Warner Ave.
Section 704 shall be amended to read:
Section 704. NOMINATION PAPERS. Nomination papers for candidates for elective municipal office
must be signed by not less than twenty nor more than thirty electors of the City. Additionally, candidates
for City Council must collect said signatures from electors residing in the District where they reside.
Res. No. 2002-78
a 1
_ ss
Seal Beach Westmins
Santa Ana j
--05-----
F tain Vailey
-- 04--- --- --- -
3 H tin5t n Beach
Costa Mesa
r3
This map generally illustrates the text of Section 319. If any discrepancies exist,
Section 319 shall control.
Res. No. 2002-78
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
5th day of August, 2002 by the following vote:
AYES: Green, Dettloff, Boardman, Houchen, Winchell, Bauer
NOES: Cook
ABSENT: None
ABSTAIN: None
dxoz�
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT 2
9212. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS Chapter 3.Municipal Elections 9219.
(8)Any other matters the legislative body requests to be in the report. whichever is the lesser number,the legislative body shall do one of the fol-
(b)The report shall be presented to the legislative body within the time lowing:
prescribed by the legislative body,but no later than 30 days after the elections (a) Adopt the ordinance, without alteration, at the regular meeting at
official certifies to the legislative body the sufficiency of the petition. which the certification of the petition is presented,or within 10 days after it is
(Amended by Stats.2000,c.496,§2.) presented.
9213. Report on municipal initiatives submitted to Secretary of State; (b) Submit the ordinance,without alteration,to the voters pursuant to
time. subdivision (b) of Section 1405, unless the ordinance petitioned for is
On or before April 1 of each odd-numbered year,the elections official of required to be,or for some reason is,submitted to the voters at a special elec-
each legislative body shall file a report with the Secretary of State containing tion pursuant to subdivision(a)of Section 1405.
the following information: (c) Order a report pursuant to Section 9212 at the regular meeting at
(a) The number of municipal initiative petitions circulated during the which the certification of the petition is presented.When the report is pre-
preceding two calendar years which did not qualify for the ballot,and the sented to the legislative body,the legislative body shall either adopt the ordi-
number of these proposed initiatives for which reports were prepared pursu- nance within 10 days or order an election pursuant to subdivision(b).
ant to Section 9212. (Amended by Stats.2000,c.55,§18.)
(b)With respect to municipal initiative measures that qualified for the 9216. Mayor may veto.
ballot in the preceding two calendar years,the number that were approved In cities having a mayor,or like officer,with the veto power,when the
by the voters, and the number of these ballot measures for which reports passage of an ordinance petitioned for by the voters is vetoed,the failure of
were prepared pursuant to Section 9212. the legislative body to pass the ordinance over the veto shall be deemed a
(c) With respect to municipal initiative measures that qualified for the refusal of the legislative body to pass the ordinance within the meaning of
ballot in the preceding two calendar years, the number that were not this article.
approved by the voters,and the number of these ballot measures for which (Added by Stats. 1994,c. 920,§2.)
reports were prepared pursuant to Section 9212. 9217. Valid ordinance if majority.
(Added by Stats, 1994,c. 920,§2.) if a majority of the voters voting on a proposed ordinance vote in its
9214. Petition signatures;adopt ordinance or order special election. favor,the ordinance shall become a valid and binding ordinance of the city.
If the initiative petition is signed by not less than 15 percent of the voters The ordinance shall be considered as adopted upon the date that the vote is
of the city according to the last report of registration by the county elections declared by the legislative body,and shall go into effect 10 days after that
official to the Secretary of State pursuant to Section 2187,effective at the time date.No ordinance that is either proposed by initiative petition and adopted
the notice specified in Section 9202 was published,or,in a city with 1,000 or by the vote of the legislative body of the city without submission to the voters,
less registered voters,by 25 percent of the voters or 100 voters of the city, or adopted by the voters,shall be repealed or amended except by a vote of the
whichever is the lesser number,and contains a request that the ordinance be people,unless provision is otherwise made in the original ordinance.
submitted immediately to a vote of the people at a special election,the legisla- (Added by Stats. 1994,c.920,§2.)
tive body shall do one of the following: 9218. More than one ordinance at same election.
(a) Adopt the ordinance, without alteration, at the regular meeting at Any number of proposed ordinances may be voted upon at the same
which the certification of the petition is presented,or within 10 days after it is election,but the same subject matter shall not be voted upon twice within any
presented. 12-month period at a special election under the provisions of this article.
(b)Immediately order a special election,to be held pursuant to subdivi- (Added by Stats.1994,c.920,§2.)
sion(a)of Section 1405,at which the ordinance,without alteration,shall be 9219. Arguments for and against ordinance.
submitted to a vote of the voters of the city. The persons filing an initiative petition pursuant to this article may file a
(c) Order a report pursuant to Section 9212 at the regular meeting at written argument in favor of the ordinance, and the legislative body may
which the certification of the petition is presented.When the report is pre- submit an argument against the ordinance. Neither argument shall exceed
sented to the legislative body,the legislative body shall either adopt the ordi- 300 words in length, and both arguments shall be printed upon the same
nance within 10 days or order an election pursuant to subdivision(b). sheet of paper and mailed to each voter with the sample ballot for the elec-
(Amended by Stats.2000,c.55,§17.) tion.
9215. Petition signatures;ordinance submitted at next regular The following statement shall be printed on the front cover,or if none,on
municipal election. the heading of the first page,of the printed arguments:
If the initiative petition is signed by not less than 10 percent of the voters "Arguments in support of or in opposition to the proposed laws are the
of the city,according to the last report of registration by the county elections opinions of the authors."
official to the Secretary of State pursuant to Section 2187,effective at the time Printed arguments submitted to voters in accordance with this section
the notice specified in Section 9202 was published,or,in a city with 1,000 or shall be titled either"Argument In Favor Of Measure_"or"Argument
less registered voters,by 25 percent of the voters or 100 voters of the city, Against Measure ," accordingly;the blank spaces being filled in only
2002 252 253 2002
9247. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS
Article 3.City or City and County Charters
9255. City or City and County Charter proposals submitted to voters.
(a)The following;city or city and county charter proposals shall be sub-
mitted to the voters at either a special election called for that purpose,at any
established municipal election date,or at any established election date pur-
suant to Section 1000,provided that there are at least 88 days before the elec-
tion:
(1)A charter proposed by a charter commission,whether elected or
appointed by a governing body. A charter commission may also submit a
charter pursuant to Section 34455 of the Government Code.
(2)An amendment or repeal of a charter proposed by the governing
body of a city or a city and county on its own motion.
(3)An amendment or repeal of a city charter proposed by a petition
signed by 15 percent of the registered voters of the city.
(4)An amendment or repeal of a city and county charter proposed by
a petition signed by 10 percent of the registered voters of the city and county.
(5)A recodification of the charter proposed by the governing body
on its own motion,provided that the recodification does not,in any manner,
substantially change the provisions of the charter.
(b)Charter proposals by the governing body and charter proposals by
petition of the voters may be submitted at the same election.
(c)The total number of registered voters of the city or city and county
shall be determined according to the county elections official's last official
report of registration to the Secretary of State.
(Added by Stats.1994,c.920,§2.)
9256. Notice of intent to circulate petition;affidavit of publication.
The proponents of a measure proposing to amend a charter shall publish
or post,or both,a notice of intent to circulate the petition in the same form and
manner as prescribed in Sections 9202,9203,9204,and 9205.The proponents
shall also file an affidavit prescribed in Section 9206 with the clerk of the legis-
lative body of the city,and,with respect to the petition,shall be subject to Sec-
tion 9207.
(Added by Stats.1994,c.920,§2.)
9257. Petition to contain full text.
The petition signed by registered voters of the city or city and county pro-
posing an amendment to a charter shall set forth in full the text of the pro-
posed amendment,in no less than 10-point type.
(Added by Stats. 1994,c.920,§2.)
9258. Each section to contain correct copy of text.
The petition may be circulated in sections,but each section shall contain a
correct copy of the text of the proposed amendment.
(Added by Stats. 1994,c.920,§2.)
9259. Requirements of signing.
Each signer of the petition shall sign it in the manner prescribed by Sec-
tion 9020.
(Added by Stats. 1994,c.920,§2.)
9260. Form of petition.
The petition shall be in substantially the following form:
2002 258
1304. DIVISION 1. ESTABLISHED ELECTION DATES Chapter 6.Mail Ballot Elections 1502.
Chapter 5.Special Elections the date of the order of election.
1400. Date of special elections. (Added by Stats. 1996,c. 1143,§34.)
Each special election shall be held on one of the established election dates Chapter 6.Mail Ballot Elections
set by this division or on the date of any statewide special election except as 1500. Date of special district mailed ballot election.
provided in Section 1003. If any election to choose members of the governing board of a special dis-
(Added by Stats. 1994,c.920,§2.) trict is to be totally conducted by mailed ballot,it shall be held on the first
1405. Date of county,municipal,or district initiative election. Tuesday following the first Monday in September of each odd-numbered
(a)Except as provided below,the election for a county,municipal,or dis- year.However,if permitted by the elections official of the county or counties
trict initiative that qualifies pursuant to Section 9116,9214,or 9310 shall be affected by the use of all mailed ballots,the special district election may be
held not less than 88 nor more than 103 days after the date of the order of elec- held on the first Tuesday after the first Monday in November of each
tion. odd-numbered year.All other district elections conducted by mailed ballot
(1)When it is legally possible to hold a special election on an initia- may be held in accordance with the dates set forth in the district enabling act
tive measure that has qualified pursuant to Section 9116,9214,or 9310 within or may be consolidated with the general,district election.
180 days prior to a regular or special election occurring wholly or partially (Amended by Stats. 1996,c. 1143,§35.)
within the same territory,the election on the initiative measure may be held 1501. Date of election;all-mailed ballot.
on the same date as,and be consolidated with,that regular or special election. An election conducted pursuant to Section 1500 shall be held on a date
(2)When it is legally possible to hold a special election on an initia- prescribed therein, or on any other date other than an established election
tive measure that has qualified pursuant to Section 9116,9214,or 9310 during date.
the period between a regularly scheduled statewide direct primary election (Added by Stats. 1996,c.1143, §37.)
and a regularly scheduled statewide general election in the same year,the 1502. Limitations on mailed-ballot election dates.
election on the initiative measure may be held on the same date as,and be No mailed-ballot election may be held on one of the established election
consolidated with,the statewide general election. dates set forth in Chapter 1(commencing with Section 1000)of this division,
(3) To avoid holding more than one special election within any except as provided in Section 1500.
180-day period,the date for holding the special election on an initiative mea- (Added by Stats.1996,c.1143,§39.)
sure that has qualified pursuant to Section 9116,9214,or 9310,may be fixed
later than 103 days but at as early a date as practicable after the expiration of
180 days from the last special election.
(4)Not more than one special election for an initiative measure that
qualifies pursuant to Section 9116,9214,or 9310 may be held by a jurisdiction
during any period of 180 days.
(b)The election for a county initiative that qualifies pursuant to Section
9118 shall be held at the next statewide election occurring not less that 88 days
after the date of the order of election.The election for a municipal or district
initiative that qualifies pursuant to Section 9215 or 9311 shall be held at the
jurisdiction's next regular election occurring not less than 88 days after the
date of the order of election.
(Amended by Stats.2001,c.924,§1.)
1410. Date for county or municipal referendum election.
The election for a county or municipal referendum that qualifies pursu-
ant to Section 9144 or 9237 shall be held at the jurisdiction's next regular elec-
tion occurring not less than 88 days after the date of the order of election or at
a special election called for that purpose not less than 88 days after the date of
the order of election.
(Added by Stats. 1996,c. 1143,§33.)
1415. Date of city or city and county charter proposals.
City or city and county charter proposals that qualify pursuant to Section
9255 shall be submitted to the voters at either the next regular general munici-
pal election occurring not less than 88 days after the date of the order of elec-
tion, or at a special election called for that purpose or on any established
election date pursuant to Section 1000 occurring not less than 88 days after
2002 22 23 2002
Chapter 1.Election Dates 1003.
DIVISION 1. ESTABLISHED ELECTION DATES
Chapter 1.Election Dates
1000. Established election dates.
The established election dates in each year are as follows:
(a)The second Tuesday of April in each even-numbered year.
(b)The first Tuesday after the first Monday in March of each odd-num-
bered year.
(c)The first Tuesday in March in each even-numbered year.
(d)The first Tuesday after the first Monday in June of each odd-num-
bered year.
(e)The first Tuesday after the first Monday in November of each year.
(Amended by Stats.1999,e.6,§1.)
1001. Statewide election dates.
Elections held in March and November of each even-numbered year are
statewide elections and these dates are statewide election dates.
(Amended by Stats.1998,e.913,§5.)
1002. Date of state,county,municipal,district,and school elections.
Except as provided in Section 1003,notwithstanding any other provi-
sions of law,all state,county,municipal,district,and school district elections
shall be held on an established election date.
(Amended by Stats. 1996,e.1143,§19.)
1003. Applicability of chapter.
This chapter shall not apply to the following:
(a)Any special election called by the Governor.
(b)Elections held in chartered cities or chartered counties in which the
charter provisions are inconsistent with this chapter.
(c)School governing board elections consolidated pursuant to Section
1302.2 or initiated by petition pursuant to Section 5091 of the Education
Code.
(d)Elections of any kind required or permitted to be held by a school dis-
trict located in a chartered city or county when the election is consolidated
with a regular city or county election held in a jurisdiction that includes 95
percent or more of the school district's population.
(e)County,municipal,district,and school district initiative,referendum,
or recall elections.
(f)Any election conducted solely by mailed ballot pursuant to Division 4
(commencing with Section 4000).
(g)Elections held pursuant to Article 1 (commencing with Section 15100)
of Chapter 1,or pursuant to Article 4(commencing with Section 15340)of
Chapter 2 of,Part 10 of the Education Code.
(Amended by Stats.2000,c.1081,§4.)
17 2002
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Clerk's Office
SUBJECT: Resolution No. 2002-77 - Submission to the Voters of a
Proposed Amendment to the Huntington Beach City Charter
to Establish Five Council Districts - Reduce Number of City
Councilmembers from Seven to Five Members and
Establish Lifetime Term Limits in Place of Current
Consecutive Term Limits and Alternative Resolution
No. 2002-78 to Submit Measure at Future Election Date
COUNCIL MEETING DATE: I August 5, 2002
RCA ATTACHMENTS 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 Attorney) 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
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:
SpaceOnly)
RCA Author: C. Brockway x5404
CI i Y OF HUNTINGTON BEACH
MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: Ck2002-9
Council/Agency Meeting Held: o8-05-01
Deferred/Continued to: )4— —
Approved ❑ Conditionally Ap roved ❑ Denied W City Clerk' ignature
Council Meeting Date: August 5, 2002 Department ID Number: Ck2002-9
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND COUNCIL MEMBERS
SUBMITTED BY: Connie Brockway, City Clerk -�
PREPARED BY: Connie Brockway, City Clerk -,
o T'
SUBJECT: Adopt Resolution Noa002-79 - Sets Priorities for Written
Arguments Re: City Measure - Proposed Charter Amendment Initiated
by Mr. Scott Baugh, Proponent (To amend S. 300 and 700 and Add
S. 314, 315, 316, 317, 318, and 319 of the City Charter)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Written Arguments —The State Elections Code provides Council the opportunity to file
an argument against the proposed the proposed Charter Amendment initiated by
Mr. Scott Baugh, the Council may vote to authorize and name up to 5 Council Members to
file an argument against the proposed measure. Should Council choose not to have priority,
written arguments shall be selected by the City Clerk pursuant to the State Elections Code.
Impartial Analysis —The State Elections Code provides that inclusion of an Impartial
Analysis in the Voter Information Pamphlet is optional. Historically the City Council has
directed the City Attorney to prepare an impartial analysis.
Funding Source: Not Applicable
Actions Available to Council: Motion to:
-18, Adept F"keseitition No. ---CA C31LUI nat,H,ig 6ourteil Members atitherized to file
-m itte it -drgaain l-1 d"M-d i i e-p "
-eRr,,3
G:\RCA'S\2002rca\ck2002-9 set priorities for arguments.DOT 8/2/2002 3:07 PM
1
REQUEST FOR ACTION
MEETING DATE: August 5, 2002 DEPARTMENT ID NUMBER: Ck2002-9
(b)Adopt Resolution No. c200;1--79 , as amended, to only provide for the City Attorney
to prepare an impartial analysis;
-Af-
.
Alternative Action(s): None
Analysis: The State Elections Code provides that Council may authorize members (no
more than 5 Council Members) to file written arguments regarding city measures. This would
give priority to the Council Members' argument being selected by the City Clerk if more than
one argument is filed. The proponent of the Charter Amendment petition is given priority to
file the argument in favor.
Preparation by the City Attorney of an Impartial Analysis for the Voter Information Pamphlet
is optional. Traditionally the City Council has adopted this portion of the resolution which
directs the City Attorney to prepare an Impartial Analysis of the Measure which shows the
effect of the measure on the existing law, and the operation of the Measure.
Environmental Status: Not Applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1. Resolution No. a002-'79 - Sets Priorities for Written Agrements
Re: City Measure— Proposed Charter Amendment Initiated by
Mr. Scott Baugh, Proponent— General Municipal Election
November 5, 2002
2. 1 Elections Code, Sections 9219, 9220, and 9280
RCA Author: C. Brockway, x 5404
G:\RCA'S\2002rca\ck2002-9 set priorities for arguments.DOT 4- 8/2/2002 3:07 PM
ATTACHMENT 1
RESOLUTION NO. oZ 06a —7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT
REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Huntington Beach,
California, on November 5, 2002, at which there will be submitted to the voters the following
measure:
Shall the Huntington Beach City Charter be amended, effective
with the November 2004 General Municipal Election, to provide YES
for: (1)electing five councilmembers instead of the current
seven members; (2)dividing the city into five separately elected
council districts, instead of the current citywide vote; and (3)
imposing an eight-year(two four-year terms)lifetime limit on a
councilmember's term of office, instead of the current limit of NO
two consecutive four-year terms?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA, DOES RESOLVE,DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the City Council authorizes
(Councilmember Against)
(Councilmember Against)
(Councilmember Against)
(Councilmember Against)
(Councilmember Against)
members of that body,to file a written argument regarding the City measure as specified above,
accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if
submitted on behalf of an organization, the name of the organization, and the printed name
and signature of at least one of its principal officers, in accordance with Article 4, Chapter 3,
Division 9 of the Elections Code of the State of California and to change the argument until and
including the date fixed by the City Clerk after which no arguments for or against the City
measure may be submitted to the City Clerk.
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the
measure to the City Attorney, unless the organization or salaries of the Office of the City
Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure
showing the effect of the measure on the existing law and the operation of the measure. If the
measure affects the organization or salaries of the Office of the City Attorney, the City Clerk
_shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the
City Clerk for the filing of primary arguments.
g:/election/2002/november/reso-priorities for written arguments-2002.doc
SECTION 3. 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 day of , 2002.
Mayor
ATTEST: APPROVED AS TO FORM:
`3 Z^DL
City Clerk ,,-City Attorney % J
8
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Admi ' trator City Clerk
g:/electior/2002/november/reso-priorities for written arguments-2002.doc
Res. No. 2002-79
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
5th day of August, 2002 by the following vote:
AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #2
Chapter 3.Municipal Elections
9219. 9219. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS
with the letter or number,if any,which designates the measure.At the discre-
whichever is the lesser number,the legislative body shall do one of the fol- tion of the elections official,the word"Proposition"may be substituted for
lowing: the word"Measure"in the titles.Words used in the title shall not be counted
(a) Adopt the ordinance, without alteration, at the regular meeting at when determining the length of any argument.
which the certification of the petition is presented,or within 10 days after it is (Added by Stats. 1994,c.920,§2.)
presented. 9220. Rebuttal arguments.
(b)Submit the ordinance,without alteration, to the voters pursuant to (a)If the legislative body submits an argument against the ordinance,it
subdivision (b) of Section 1405, unless the ordinance petitioned for is shall immediately send copies of the argument to the persons filing the initia-
required to be,or for some reason is,submitted to the voters at a special elec- tive petition.The persons filing the initiative petition may prepare and sub-
tion pursuant to subdivision(a)of Section 1405. mit a rebuttal argument not exceeding 250 words.The legislative body may
(c) Order a report pursuant to Section 9212 at the regular meeting at prepare and submit a rebuttal to the argument in favor of the ordinance not
which the certification of the petition is presented.When the report is pre- exceeding 250 words.The rebuttal arguments shall be filed with the elections
rented to the legislative body,the legislative body shall either adopt the ordi- official not more than 10 days after the final date for filing direct arguments.
nance within 10 days or order an election pursuant to subdivision(b). Rebuttal arguments shall be printed in the same manner as the direct argu-
(Amended by Stats.2000,c.55,§18.) ments.Each rebuttal argument shall immediately follow the direct argument
9216. Mayor may veto. which it seeks to rebut.
In cities having a mayor,or like officer,with the veto power,when the (b)Subdivision(a)shall only apply if,not later than the day on which the
passage of an ordinance petitioned for by the voters is vetoed,the failure of legislative body calls an election, the legislative body, by a majority vote,
the legislative body to pass the ordinance over the veto shall be deemed a approves its application;in which case,subdivision(a)shall apply at the next
refusal of the legislative body to pass the ordinance within the meaning of ensuing municipal election and at each municipal election thereafter,unless
this article. later repealed by the legislative body in accord with this subdivision.
(Added by Stats. 1994,C.920,§2.) (Added by Stats.1994,c.920,§2.)
9217. Valid ordinance if majority. 9221. Conflicting ordinances.
If a majority of the voters voting on a proposed ordinance vote in its If the provisions of two or more ordinances adopted at the same election
favor,the ordinance shall become a valid and binding ordinance of the city. conflict, the ordinance receiving the highest number of affirmative votes
The ordinance shall be considered as adopted upon the date that the vote is shall control.
declared by the legislative body,and shall go into effect 10 days after that (Added by Stats. 1994,c.920,§2.)
date.No ordinance that is either proposed by initiative petition and adopted 9222. Legislative body may submit proposed ordinance to voters.
by the vote of the legislative body of the city without submission to the voters, The legislative body of the city may submit to the voters,without a peti-
or adopted.by the voters,shall be repealed or amended except by a vote of the tion therefor,a proposition for the repeal,amendment,or enactment of any
people,unless provision is otherwise made in the original ordinance. ordinance,to be voted upon at any succeeding regular or special city election,
(Added by Stats. 1994,c.920,§2.) and if the proposition submitted receives a majority of the votes cast on it at
9218. More than one ordinance at same election. the election, the ordinance shall be repealed,amended,or enacted accord-
Any number of proposed ordinances may be voted upon at the same ingly.A proposition may be submitted,or a special election may be called for
election,but the same subject matter shall not be voted upon twice within any the purpose of voting on a proposition,by ordinance or resolution.
12-month period at a special election under the provisions of this article. (Added by Stats. 1994,c.920,§2.)
(Added by Stats. 1994,c.920,§2.) • 9223. Copy of ordinance made available to voter.
9219. Arguments for and against ordinance. Whenever any ordinance or measure is required by this article to be sub-
The persons filing an initiative petition pursuant to this article may file a mitted to the voters of a city at any election,the elections official of the legisla-
written argument in favor of the ordinance, and the legislative body may tive body shall cause the ordinance or measure to be printed.A copy of the
submit an argument against the ordinance.Neither argument shall exceed ordinance or measure shall be made available to any voter upon request.
300 words in length, and both arguments shall be printed upon the same (Added by Stats. 1994,c.920,§2.)
sheet of paper and mailed to each voter with the sample ballot for the elec- 9224. Enacting clause of ordinance.
tion. The enacting clause of an ordinance submitted to the voters of a city shall
The following statement shall be printed on the front cover,or if none,on be substantially in the following form:
the heading of the first page,of the printed arguments: "The people of the City of do ordain as follows:".
"Arguments in support of or in opposition to the proposed laws are the (Added by Stats. 1994,c.920,§2.)
opinions of the authors." 9226. Scope of article.
Printed arguments submitted to voters in accordance with this section This article does not apply to any statewide initiative measure.
shall be titled either"Argument In Favor Of Measure_ or Argument (Added by Stats. 1994,c.920,§2.)
Against Measure " accordingly, the blank spaces being filled in only
253
2002 2002 254
9266. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS
9266. Examination of petition.
After the petition has been filed,the elections official shall examine the
petition in the same manner as are county petitions in accordance with Sec-
tions 9114 and 9115,except that,for the purposes of this section,references in
those sections to the board of supervisors shall be treated as references to the
legislative body of the city or city and county.The expenses of signature veri-
fication shall be provided by the governing body receiving the petition from 1
the elections official.
(Added by Stats. 1994,c.920,§2.)
9267. Petitions not accepted.
Petitions that do not substantially conform to the form requirements of
this article shall not be accepted for filing by the elections official.
(Added by Stats. 1994,c.920,§2.)
9268. Conduct of election and publication requirements.
The conduct of election and publication requirements shall substantially
conform with Part 1(commencing with Section 10000)and Part 2(commenc-
ing with Section 10100)of Division 10.
(Added by Stats.1994,c.920,§2.)
9269. Resolution upon completion of canvass.
Upon the completion of the canvass of votes,the governing body of a city
or city and county shall pass a resolution reciting the fact of the election and
such other matters as are enumerated in Section 10264.The elections official
of the city or city and county shall then cause the adopted measures to be sub-
mitted to the Secretary of State pursuant to Sections 34459 and 34460 of the
Government Code.
(Added by Stats. 1994,c.920,§2.)
Article 4.Arguments Concerning City Measures
9280. City attorney to prepare impartial analysis.
Whenever any city measure qualifies for a place on the ballot,the govern-
ing body may direct the city elections official to transmit a copy of the mea-
sure to the city attorney,unless the organization or salaries of the office of the
city attorney are affected.The city attorney shall prepare an impartial analy-
sis of the measure showing the effect of the measure on the existing law and
the operation of the measure.If the measure affects the organization or sala-
ries of the office of the city attorney,the governing board may direct the city
elections official to prepare the impartial analysis. The analysis shall be
printed preceding the arguments for and against the measure.The analysis
shall not exceed 500 words in length.
In the event the entire text of the measure is not printed on the ballot,nor
in the voter information portion of the sample ballot,there shall be.printed t
immediately below the impartial analysis,in no less than 10-point bold type,
a legend substantially as follows:
"The above statement is an impartial analysis of Ordinance or Measure
.If you desire a copy of the ordinance or measure,please call the elec-
tions official's office at(insert telephone number)and a copy will be mailed at
no cost to you."
(Added by Stats. 1994,c.920,§2.)
2002 260
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Clerk's Office
SUBJECT: Adopt Resolution No. ?00.,? -7e1- Sets Priorities for
Written Arguments Re: City Measure - Proposed Charter
Amendment Initiated by Mr. Scott Baugh, Proponent
(To amend S. 300 and 700 and Add S. 314, 315, 316,
317, 318, and 319 of the City Charter
COUNCIL MEETING DATE: August 5, 2002
RCA ATTACHMENTS 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 Attorney 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
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:
Only)(Below Space For City Clerk's Use
RCA Author: C. Brockway, x5404
Aug-05-02 01 : 27P Vic Leipzig 714 8aR-5394 bRk[CATE
c-�Y
G. Victor Wphg, Ph.D.
17461 Skyline Lane
Huntington Beach, CA 92647
(714) 849-5394(Phone/FAX)
vicleipzig@aol.com
August 5, 2002 0
N
Mayor Debbie Cook
City of Huntington Beach 77,c
r.�
C
Dear Mayor Cook: o D
Under Item F-3 on tonight's agenda, the Council will consider various dates on which to
hold the election regarding a proposed charter amendment.
I encourage the Council to select a date far enough in the future to allow significant
public debate on this important issue.
Proponents of the amendment had successfully raised thousands of dollars toward its
passage. Opponents will need to work very hard to raise the kinds of funds necessary to
mount a meaningful public response.
According to the legal analysis included in your packet tonight, there are significant legal
flaws with the proposed amendment. I encourage the Council to direct the City
Attorney's office to conduct a thorough legal analysis of the amendment and make this
analysis public prior to whatever date is selected for the election.
I believe that dividing our community into political districts will result in a destructive
political process with a loss of focus on the well-being of the city as a whole.
My thanks to you and to all the Councilmembers for your dedicated service to our city.
Sincerely,
Victor Leipzig
M F-3
(C��I u ry
DUPLICATE
GINO J. BRUNO
6571 Montoya Circle
Huntington Beach, California 92647
714.847.1785
gbruno@socal.rr.com
August 5, 2002
0
N
Debbie Cook, Mayor c -'
CityCouncilmembers
n
CITY OF HUNTINGTON BEACH '^
2000 Main Street
Huntington Beach, CA 92648 w
Via E-M-it D
RE: Agenda Items F-3, et seq.
Honorable Mayor and Councilmembers:
I am a 16-year resident of Huntington Beach, and a semi-retired lawyer. I have
serious concerns with the initiative that is the subject of Item F-3 on tonight's
agenda.
I would urge that the Council take appropriate action to determine whether the
initiative complies with the law before setting an election date. The initiative
should be carefully analyzed from a legal perspective, before it is placed on the
ballot.
am especially concerned that the initiative fails to comply with the "single-
subject rule" required under article II, section 8, subdivision (d) of our California
Constitution. It reads simply:
(d) An initiative measure embracing more than one subject may not be
submitted to the electors or have any effect.
This initiative has at least three broad, and unrelated concepts: (i) should the
number of councilmembers be reduced from seven to five; (ii) should
councilmembers be elected from districts rather than at-large; and (iii) should the
provisions relative to term limits for the councilmembers be changed.
Each of these questions has arguments for and against, and each should be
entitled to independent voting by the electorate.
� � Cfl M AA C,-AT10
` Debbie Cook, Mayor; City Councilmembers
RE: Items F-3, et seq.,Agenda of August 5, 2002
August 5, 2002
Page 2
The rationale for the "single-subject" rule is logical and clear, and can be
illustrated by the following: suppose a voter favors districting, but does not favor
reducing the number of council members from seven to five. How should he or
she vote?
Or suppose a voter favors limiting the number of years a councilmember may
serve in his or her lifetime, but does not favor districting, nor reducing the number
from seven to five. How should he or she vote?
In Chemical Specialties Manufacturers Assn. v. Deukmelian (1991) 227 CAM
663 the appellate court drew on the logic expressed by the California Supreme
Court, and said:
Our Supreme Court has stated that an initiative measure complies with
the single-subject rule only "if its provisions are either functionally related
to one another or are reasonably germane to one another or the objects
of the enactment." (Harbor v. Deukmejian (1987) 43 Cal.3d 1078, 1100
[240 Cal.Rptr. 569, 742 P.2d 1290]; see also Brosnahan v. Brown, supra,
32 Cal.3d at pp. 245, 247.) Whether an initiative satisfies this standard
may be determined by the extent to which its provisions are germane to
the general subject as reflected in the title and the field of legislation
suggested thereby. (California Trial Lawyers Assn. v. Eu (1988) 200
CAM 351, 358 [245 Cal.Rptr. 916] [hereafter CTLA], citing Penn v.
Jordan (1949) 34 Cal.2d 87, 93 [207 P.2d 47], and Fair Political Practices
Corn. v. Superior Court (1979) 25 Cal.3d 33, 38 [157 Cal.Rptr. 855, 599
P.2d 46]; see also Brosnahan v. Brown, supra, 32 Cal.3d at pp. 246,
247.)
In Harbor v. Deukmejian, supra, the California Supreme Court said:
The single subject rule as applied to the initiative has the dual purpose of
avoiding logrolling and voter confusion. (Amador Valley Joint Union High
Sch. Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208, 231 [149
Cal.Rptr. 239, 583 P.2d 1281].) . . . . In a statement which is important to
the resolution of the issue before us, the majority observed that
proponents of initiative measures do not have "blank checks to draft
measures containing unduly diverse or extensive provisions bearing no
reasonable relationship to each other or to the general object which is
sought to be promoted. The single subject rule indeed is a constitutional
safeguard adopted to protect against multifaceted measures of undue
scope. For example, the rule obviously forbids joining disparate
provisions which appear germane only to topics of excessive generality
such as 'government' or'public welfare."' . . . . [A]II seven justices agreed
that subjects of "excessive generality" would violate the purpose and
intent of the single subject rule.
Debbie Cook, Mayor; City Councilmembers
RE: Items F-3, et seq.,Agenda of August 5, 2002
August 5, 2002
Page 3
In my view, each of these three concepts, (i) reduction in the number of
councilmembers, (ii) district versus at-large elections, and (iii) term-limit changes,
are separate and distinct, are disparate concepts, are not functionally related, are
not "germane" one to the other, and thus violate the "single-subject' rule
statutorily required of all initiatives.
I thus urge that you refer this initiative to counsel qualified to analyze and
measure its propriety under the law. Or, that you consider filing an action in
declaratory relief to ensure that this initiative and this initiative process comports
with the law.
It seems to me cheaper to investigate now, rather than defend later.
Thank you.
Very truly yours,
Gino J. Bruno
Gino J. Bruno
GJB:s
eLI °
I�
CITY OF HUNTINGTON BEACH
Inter-Department Communication =
TO: CONNIE BROCKWAY, City Clerk — -
FROM: GAIL HUTTON, City Attorney D
DATE: July 31, 2002
cn �
SUBJECT: RLS 2Q02-0421. Available Election Dates for a Charter Amendment
r =�
Proposal to Elect Councilmembers by District Rather than At-Large
INDEX: Elections; Procedures; General and Special Elections
FACTS
On August 5, 2002,the City Council will be asked to select an election date concerning a
charter proposal to amend the City of Huntington Beach's (sometimes "City") Charter, which
amendment would, inter alia, decrease the number of elected Councilmembers from seven to
five; impose a two-term limit on Councilmembers; and elect Councilmembers by district rather
than at large. The proponent of this proposal is Huntington Beach resident Scott R. Baugh. For
ease of reference, this proposal will hereafter be referred to as the "Charter Proposal." The
Charter Proposal contains a sufficient number of registered voters' signatures in order to qualify
for the holding of an election.
The Charter Proposal, if it receives a favorable vote, is to become effective with the
City's General Municipal Election to be held on November 3, 2004.
If the Council, on August 5,2002, selects an election date, then August 5t', under the
state's Elections Code (sometimes "EC"), will be known as the"date of the order of election."
QUESTION
What are the appropriate, authorized election dates, available for selection by the City
Council, regarding a qualified City Charter amendment proposal to be submitted to the voters?'
ANSWER
Pursuant to California Elections Code §§ 9255 and 1415, the following six election dates
are available for selection by the City Council, regarding the Charter Proposal:
1. November 5, 2002 4. November 4, 2003
2. March 4, 2003 5. March 2, 2004
3. June 3, 2003 6. April 13, 2004
City Charter§ 702 states that all City elections shall be held in accordance with the State of California's Elections
Code to the extent that it is not in conflict with the Charter. In terms of the issue of setting the Charter Proposal for n G
an election,there are no conflicts between the City's Charter and the state's Elections Code.
rjw/02memos/Elect Councilmembers by District 7/31/02 /ab
b �
i
n
J ,
Connie Brockway
July 31,2002
Page 2 of 5
All of these possible election dates "pre-date"the November 3, 2004 effective date of the
Charter Proposal (assuming it receives a favorable election vote). The Council is legally
obligated to select one of these dates.
ANALYSIS
Since the petition proposes significant changes to the City's Charter(its constitution), the
specific, applicable provisions of the California Elections Code dealing with election dates for
charter proposals are PC §§ 9255 and 1415.
Elections Code § 9255, enacted into law in 1994, states, in relevant part:
"§ 9255. Charter proposals; submission to voters
(a) The following city . . . charter proposals shall be submitted to
the voters at either a special election called for that purpose, at any
established municipal election date, or at any established election
date pursuant to (Elections Code) section 1000, provided that there
are at least 88 days before the election . . .
(3) An amendment . . . of a city charter proposed by a
petition signed by 15 percent of the registered voters of the city . . ."
In our opinion, the current Charter Proposal, which would make significant changes as to
how Councilmembers are elected, is a proposal that qualifies under EC § 9255(a)(3).
Elections Code § 1415, enacted into law two years later in 1996, states, in pertinent part:
"Charter proposals
City. . . charter proposals that qualify pursuant to (Elections Code)
section 9255 shall be submitted to the voters at either the next
regular municipal election occurring not less than 88 days after the
date of the order of election, or at a special election called for that
purpose or on any established election date pursuant to (Elections
Code) section 1000 occurring not less than 88 days after the date of
the order of election." (Emphasis added.)2
2 We note that several differences exist between Elections Code§9255(a)and Elections Code§ 1415. One of the
major differences,concerning"special elections," is that, under section 9255(a), 88 days must elapse between the
date of the order of election(in this case August 5,2002)and the date of the special election itself-,while under
section 1415,this 88-day period is not a requirement. In our opinion, for the following reasons,section 1415 is the
controlling statute. First, section 1415 was enacted into law in 1996,two years after section 9255. Presumably,the
state Legislature was aware of the language of earlier section 9255 when it enacted section 1415 into law in 1996.
Second,section 1415 not only specifically refers to section 9255,but to section 9255 in such a way as to make
section 1415 the controlling section. And third,practically speaking, it really makes no difference which section
controls as the three election date"alternatives"in each section are essentially the same.
rjw/02memos/Elect Councilmembers by District 7/31/02 /ab
Connie Brockway
July 31,2002
Page 3 of 5
Under EC § 1415,three possible alternatives or options are available to the City Council
in setting an election date regarding the Charter Proposal: (1)the next regular general municipal
election occurring not less than 88 days after the date of the order of election; (2) at any special
election called for that purpose; or(3) on any established election date pursuant to EC § 1000
occurring not less than 88.days after the date of the order of election.
We will now separately discuss all three of these alternatives.
1. THE NEXT REGULAR GENERAL MUNICIPAL ELECTION OCCURRING
NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER OF
ELECTION
Under City Charter § 700, the City's general municipal elections are held on the first
Tuesday after the first Monday in November in each even numbered year.
The date of the next City General Municipal Election is November 5, 2002.
The City Council, if it so chooses, can set the Charter Proposal for the November 5, 2002
election. Eighty-eight days will have elapsed between August 5, 2002 (the date of the order of
election) and November 5, 2002.3
2. AT ANY SPECIAL ELECTION CALLED FOR THAT PURPOSE
Elections Code § 356 defines a"special election" as:
". . . an election, the specific time for the holding of which is not
prescribed by law."
At first blush, it would appear that the City Council is free to select whatever day, month
or year it desires for the special election date. In fact, under EC § 1415, 88 days does not have to
elapse between the date of the order of election (August 5, 2002) and the date of the special
election itself(see footnote 2, ante).
But there is an important limitation; that being EC § 1002. Section 1002 states that ". . .
all . . . municipal. . . . elections shall be held on an established election date." (Emphasis added.)
EC § 1000 establishes five yearly election dates. This means that any"special municipal
election" must be held on one of the state's "established election dates."
"Established election dates"will be discussed under the third alternative.
In summary, the possible election dates for the Charter Proposal are the same under both
the second and third options.
3 We note that August 9,2002,is the 88th day prior to November 5,2002.
rjw/02memos/Elect Councilmembers by District 7/31/02 /ab
t,
Connie Brockway
July 31,2002
Page 4 of 5
3. ON ANY ESTABLISHED ELECTION DATE PURSUANT TO (ELECTIONS
CODE) SECTION 1000 OCCURRING NOT LESS THAN 88 DAYS AFTER
THE DATE OF THE ORDER OF ELECTION
EC § 1000 sets forth the following five yearly established election dates:
•, The second Tuesday of April in each even-numbered year(the next
election date would be April 13, 2004)
• The first Tuesday after the first Monday in March of each odd-numbered
year(the next election date would be March 4, 2003)
• The first Tuesday in March in each even-numbered year(the next election
date would be March 2, 2004)
0 The first Tuesday after the first Monday in June of each odd-numbered
year(the next election date would be June 3, 2003)
• The first Tuesday after the first Monday in November of each year (the
next two election dates would be November 5, 2002 and November 4,
2003)
In summary, six possible election dates, under this third alternative, are available to the
City Council regarding the Charter Proposal: November 5, 2002; March 4, 2003; June 3, 2003;
November 4, 2003; March 2, 2004; and April 13, 2004. The six possible dates are also available
under the second alternative, regarding the holding.of a special election.
4. THE APPLICABILITY OF CHARTER §§ 700 AND 701
The provisions of City Charter §§ 700 and 701 played little part in our analysis. Charter
§ 700 provides that the City's general municipal elections shall be held on the first Tuesday after
the first Monday in November in each even numbered year. As stated earlier, the City's next
General Municipal Election is November 5, 2002. Charter § 701 states that ". . . (a)ll other
municipal elections that may be held by authority of this charter, or of any law (e.g., the state's
Elections Code), shall be known as special municipal elections." Thus, if the City Council sets
the Charter Proposal for one of the five available dates other than November 5, 2002, it shall be
deemed a special municipal election under Charter § 701, and, under Elections Code § 12001,
the Council must adopt a resolution calling the election.
rjw/02memos/Elect Councilmembers by District 7/31/02 /ab
c
Connie Brockway
July 31,2002
Pave 5 of 5
CONCLUSION
Coalescing the three EC § 1415 alternatives together, the following election dates are
available for City.Council consideration, regarding the Charter Proposal:
1. November 5, 2002
2. March 4, 2003
3. June 3, 2003
4. November 4, 2003
5. March 2, 2004
6. April 13, 2004
Please feel free to attach this opinion to your Request for Council Action concerning the
Charter Proposal.
GAIL HUTTON
City Attorney Q
cc: Ray Silver, City Administrator
Bill Workman, Assistant City Administrator
rjw/02memosMect Councilmembers by District 7/31/02 /ab
8/14/02
Gail,l���f w�—
Please amend this resolution adopted by Council on 8/5/02 so that it will conform to
holding the election March 2, 2004
and will also remove S. 1 as Council does not want to take priority to file written
arguments.
Will the first Whereas have to be changed to reflect a March 2, 2002 Special Municipal
Election—
I think it should say Whereas pursuant to Resolution No. 2002-78 adopted on August 5,
2002, a Special Municipal Election has been called for March 2, 2004 at which there will
be submitted to the voters --------
3�
F�WATE
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(213) 612.7800 (916) 442-8888
REFER TO FILE NUMBER
VIA HAND DELIVERY c
C.,�^
Mayor Debbie Cook and Councilmembers
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, CA 92648
c-�
Re: Analysis of Legal Defects in Proposed Amendment to Huntington AaacP
City Charter(Agenda Item F-3, Council Meeting of August 5, 2002)
Dear Mayor Cook:
This firm represents Citizens Against Power Politics (C.A.P.P.), a broad-based,
grassroots citizens group composed of community and business leaders recently formed to
oppose the proposed Amendment to the Huntington Beach City Charter. The committee has also
been established as a Recipient Committee"Primarily Formed"to oppose the subject charter
amendment pursuant to the requirements of the Political Reform Act. C.A.P.P. representatives
have asked us to provide you with our legal analysis of the proposed charter amendment,which
is scheduled for consideration as Items F-3(a) and (b) on the Council's Agenda for August 5,
2002. Based upon our initial review,we believe that there are serious issues with respect to the
validity of the measure,both from a substantive and procedural standpoint, and we would request
that the City Council refer the matter to the City Attorney and/or outside legal counsel, for a
more exhaustive analysis of the questions raised herein. It may also be appropriate for the City
Council to consider a pre-election action for declaratory relief or other remedies that may be
identified upon further scrutiny of various charter amendment provisions, district boundaries, or
the vaguely defined and contradictory implementation mechanisms set forth therein.
I. Violation of Article II, Section 8, Subdivision(d) of the California
Constitution—Single-subject Rule.
Article II, section 8, subdivision(d) of the California Constitution provides that
"[a]n initiative measure embracing more than one subject may not be submitted to the electors
or have any effect." (Emphasis added.) The single-subject rule is a constitutional safeguard, and
220631 1.DOC i
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Mayor Debbie Cook and Councilmembers
July 31, 2002
Page 2
its principal purpose is to avoid voter confusion and to prevent the subversion of the electorates'
will.l
In the present case, it is critical to review and resolve the substantive legal issue of
whether the proposed(Baugh) charter amendment violates the single-subject rule in a pre-
election review. To defer a decision until after an election will not only defeat the
constitutionally contemplated procedure reflected in the language of article II, section 8(d),but
could contribute to an increasing cynicism on the part of the electorate with respect to the
efficacy of the initiative process. (See Senate v. Jones,supra, 21 Cal.4th at p. 1154.)
The California Supreme Court has described the proper standard for applying the
single-subject rule as follows:
In articulating the proper standard to guide analysis [of the
single-subject rule], the governing decisions establish that
"[a]n initiative measure does not violate the single-subject
requirement if, despite its varied collateral effects, all of its
parts are `reasonably germane'to each other," and to the
general purpose or object of the initiative."
(Legislature v. Eu (1991) 54 Cal.3d 492, 512, original italics.)
However, the courts refuse to allow a characterization"so broad that a virtually
unlimited array of provisions could be considered germane thereto and joined in [a] proposition,
essentially obliterating the constitutional requirement." (Chemical Specialties Manufacturers
Assn. v. Deukmejian (1991) 227 Cal.App.3d 663, 671; see also Senate v. Jones,supra,21 CalAth
1142 [initiative violated single-subject rule by characterizing the redistricting and compensation
of state officers as "political issues"].)
The charter amendment proposal attempts to connect three separate and distinct
issues-reduction of the number of Council members, election by and creation of districts, and a
change in Council term limits—potentially under the broad umbrella of"political issues"or
"political reform." While the proponents of the initiative may claim that the three subjects of the
initiative are "reasonably germane"because they are all part of reforming the Huntington Beach
election process, this argument is likely to fail because such a subject is much too broad. The
three subjects included in the initiative are not reasonably germane to each other and none of the
In Senate of the State of California v.Jones(1999)21 Cal.4th 1142,the California Supreme Court held that
where,in"the case of a challenge based upon the single-subject rule,it is clear from the text of the relevant
constitutional provision itself that,in an appropriate instance,pre-election relief not only is permissible but is
expressly contemplated." (Id.at p. 1153-54[emphasis added];see also California Trial Lawyers Assn. v.Eu
(1988)200 Cal.App.3d 351,357 [recognizing that it is appropriate to resolve single-subject challenges prior to
an election].)
220631_1.DOC
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July 31, 2002
Page 3
three provisions promote the overall purpose of the initiative or have a necessary and natural
connection with that purpose. (See, e.g.,Senate v. Jones,supra, 21 Cal.4th 1142, 1157;
Chemical Specialties,supra, 227 Cal.App.3d 663, 667.) As an example,term limits are a
national political issue are a frequently debated topic, even among political groups that otherwise
agree with each other,�and need to be treated separately from redistricting. In addition, a
reduction in the number of city council members from seven to five stands alone as a subject that
deserves separate pro and con arguments and debate. The number of Council members is a
distinct subject, separate and apart from the matter of whether or not districts should be
established in the City. The City Attorney's title and summary contained on the charter
amendment petition also supports the conclusion that the charter amendment proposal contains
multiple, unrelated subjects. These subjects are referenced as items (1)through(6) in the City
Attorney's summary and are separated by semi-colons.
To restate, the only conceivable, single legislative subject that all three categories
could possibly fall under would be"political reform of the city council,""political issues,"or
"amendments to the Huntington Beach charter amendment." Based on applicable case law,we
believe that the charter amendment will not withstand legal challenge based on violations of the
California Constitution's single-subject rule.
II. False and Misleading Statements.
The"Notice of Intent to Circulate Petition,"required by section 9256 of the
Elections Code, requires a written statement setting forth the reasons for the proposed charter
amendment measure. The "Notice of Intent to Circulate Petition"prepared for the subject
charter amendment contains three statements of fact which we believe can be challenged as false
and misleading.2 In determining whether statements are false and misleading, a court will
determine whether the challenged statements are subject to verifiability as distinct from"typical
hyperbole and opinionated comments common to political debate." (Id.) The false and
misleading statements in the subject charter amendment proposal, which insidiously outline the
need to revamp the current(but supposedly antiquated) City Council structure and election
system, include the following:
(1) "Citywide elections have resulted in Councilmembers being elected with
only 12% of the vote, allowing special interest groups to elect their own Council member(s)who
may or may not be concerned about the issues of all neighborhoods."
This statement may be false and misleading if it is based on elections occurring
since 1966 (the year the City Council was increased from five to seven members). Since 1966,
Councilmembers have been elected with higher percentages, than stated in the"Notice of
2 (See,San Francisco Forty-Niners v.Nishioka(1999)75 Cal.App.4`h 637,649;Huntington Beach City Council
v. Blackford(2002)94 Cal.App.4`s 1417, 1432 [upholding trial court's deletion of false and misleading
statement because it was misleading in light of objective facts].)
220631_1.DOC
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Mayor Debbie Cook and Councilmembers
July 31, 2002
Page 4
Intent," of those persons casting ballots, as compared to total votes cast. It is extremely
misleading to petition signers and potential voters to compare the current election process which
affords registered voters the privilege of voting for, on an alternate basis, three or four
Councilmembers, with the subject charter proposal which would allow voters to choose only one
Councilperson every four years.
(2) "The present citywide election system was last changed in the 1960's
when the population of Huntington Beach was 11,500."
The City of Huntington Beach had five Councilmembers until 1966,the year
during which a formal charter revision process resulted in the City amending the charter to
provide for seven Councilmembers, all elected at large. The statement that the population was
11,500 is false and misleading because, in 1966 (the year"the present citywide election system
was last changed"), Huntington Beach had a population of 76,000. This continues the
misleading inference that the current election process dates back to World War II.
(3) "The old citywide elections may have worked when Huntington Beach
was just Downtown and a couple of neighborhoods, but now it is 16 times larger and covers 28
square miles."
Since the proponents have ostensibly used 1966 (the last time the system was
revised) when they refer to "the old citywide elections,"this statement is clearly false because in
1966,Huntington Beach was approximately 24 square miles. Clearly, 28 square miles is not 16
times larger than 24 square miles. If the proponents are referring to the 1900's when they refer
to"the old citywide elections,"this statement is also misleading because it deliberately confuses
the voter in comparing an admittedly antiquated system(of five Councilmembers)with the
current system set in place in 1966.
III. Violation of Elections Code Section 21620.
Elections Code section 21620 governs the establishment of districts within a
charter city. Elections Code section 21620 requires that newly established districts "shall be as
nearly equal in population as may be according to the latest federal decennial census or, if the
city's charter so provides, according to the federal mid-decade census or the official census of
the city."
After the initial establishment of the districts, the charter amendment proposal
states that the districts "shall continue to be as nearly equal in population as may be according to
the latest federal decennial census or, if authorized by the charter of the city, according to the
federal mid-decade census." (Elec. Code, § 21620.) However, the subject proposal to divide
Huntington Beach into five districts must also comply with applicable provisions of the Federal
Voting Rights Act of 1965. (Id.) In establishing the boundaries of these districts,the City
Council, by its own action or through an appointed Charter Revision Commission,may consider
220631_1.DOC
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
Mayor Debbie Cook and Councilmembers
July 31, 2002
Page 5
the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and
compactness of territory, and(4) community of interest of the districts. (Id.) This obviously has
not been done in the case of the charter amendment's initial establishment of districts, since the
petition contains no reference to any of these factors.
Section 319 of the charter amendment proposal provides a description of the
boundaries of the initial districts that are to be effective—pursuant to Section 314—with the
election of 2004. The charter amendment proposal thereupon violates the letter and spirit of
Elections Code section 21620 by failing to base the establishment of districts either on(a) the
latest federal decennial census or, (b)the federal mid-decade census or the official census of the
city, if the city's charter so provides. Since the City of Huntington Beach Charter does not
provide guidance in this regard,the establishment of Council districts must be based on the latest
federal decennial census and there is no evidence whatsoever that the Baugh districts are
established according to such federal decennial census. Moreover,there is no evidence that any
of the additional factors enunciated in Elections Code section 21620—or any factors other than
the proponent's personal,political or client interests—served as the genesis of the proposed
district boundaries.
Conclusion.
We have provided an initial legal analysis of the proposed Huntington Beach City
Charter Amendment, and would respectfully suggest that before an election on such an
amendment occurs, a more thorough review of the validity of all aspects of the proposal be
undertaken. In addition,we are of the opinion that the Council has the discretion—and therefore
the obligation - to examine fiscal and other impacts of the charter amendment pursuant to
Elections Code provisions allowing for 30-day reports from staff, and/or a Council-appointed
charter revision commission. Members of C.A.P.P. and the undersigned will be present at your
meeting on August 5, 2002 to provide additional comments to the City Council and urge your
careful and deliberate consideration of these matters.
Thank you for your considering our views.
Sincerel
Jo P. Erskine
NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
JPFhst
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July 31, 2002
Page 6
cc: Ray Silver, City Administrator
Gail Hutton, Esq., City Attorney
Connie Brockway, City Clerk
220631_1.D0C
�� n71B
CAM.
Mark W. Bucher 6 xm
ATTORNEY AT LAW
o
Via Fax
~August 5, 2002CC-)
_ T -
Mayor Cook and City Councilmembers -J -
City of Huntington Beach
2000 Main Street, 2"d Floor
Huntington Beach, CA 92648 1.
Re: Agenda Item F-3 and John Erskine Letter Dated July 31, 2002
Dear Mayor Cook and City Councilmembers:
I am an election law attorney representing the Huntington Beach F.A.I.R.
Districts Charter Amendment Committee. Yesterday I received a copy of a letter dated
July 31, 2002, authored by John Erskine purporting to explain substantive election law to
the City Council. Mr. Erskine claims to represent a committee formed to oppose the
F.A.I.R. Districts Charter Amendment. My understanding is that this committee was
formed at the leading and direction of Councilmember Ralph Bauer.
With regard to the Erskine letter, I would not non-rally respond to a letter that is
so self-serving and presented by a land use attorney who regularly lobbies the City of
Huntington Beach for development projects. Nonetheless,the letter is placed
prominently on your agenda as if it should have more weight than is otherwise due. The
F.A.I.R. committee was concerned that silence on the content of the letter could be
construed as an admission somehow that his letter contains any substantive accuracy with
respect to election law.
The Erskine letter and the motives of the group he represents are really quite
transparent. Councilman Bauer is the leader of this group and he has engaged in every
effort to derail the proposed charter amendment, starting with a motion to the City
Council in April of this year to create a committee to oppose the measure. With the
letter, the group is engaging in political opposition to the charter amendment and
masquerading that opposition as a substantive legal opinion. The letter,however, is a
sham designed to mislead the City Council, create litigation, and achieve their goal of
denying the voters in Huntington Beach the opportunity to vote on the proposed charter
amendment on.November 5, 2002. I trust that you will not succumb to these political
tactics by denying the voters an opportunity to vote on the proposed charter amendment
on November 5, 2002.
1,q--e c tcal(D N
18001 Irvine Blvd., Ste 105 •Tustin,CA 92780 F
Voice: (714)573-2201 • Facsimile:(714)573-2295
Email: markb@employers-resource.com
You should also know that I drafted the language that was submitted to the City
Clerk regarding the petition referenced in Agenda Item F-3 and am therefore uniquely
qualified to address the assumptions,patchwork of guessing, and erroneous legal analysis
by Mr. Erskine. Each item raised in Mr. Erskine's letter is addressed specifically below.
1. Elections Code Section 21620
Mr. Erskine opines that the proposed charter amendment violates Elections Code
Section 21620 in a variety of ways. His opinion, however, is incorrect. Section 21620 of
the Elections Code specifically provides that, "districts shall be as nearly equal in
population as may be according to the latest federal decennial census." Mr. Erskine
claims,
The charter amendment proposal thereupon violates the letter and spirit of
Election Code section 21620 by failing to base the establishment of
districts either on (a)the latest federal decennial census or, (b) the federal
raid-decade census or the official census of the city, if the city charter so
provides.
Mr. Erskine is apparently unaware of the fact that the proposed charter
amendment was drafted using the latest federal decennial census of 2000. The
assumptions to the contrary and, therefore, the legal opinions based thereon, are incorrect.
Mr. Erskine is also incorrect in suggesting that Elections Code Section 21620 was
violated because the districts are not"nearly equal in population as may be according to
the latest federal decennial census." The 2000 federal decennial census established that
there are 189,594 people living in Huntington Beach. If five districts are created for
Huntington Beach, the average number of people in each district would be 37,919. The
five districts .in the proposed charter amendment have the following number of people in
each district:
District. 1: 37,787
District 2: 38,723
District 3: 38,707
District 4: 37,945
District 5: 36,432
The foregoing numbers reflect the rule that in establishing "nearly equal
population" for each district,the numbers cannot exceed a 10% variation from the
average for the districts (�e. the numbers cannot be 5% over or under the average). With
the foregoing numbers, the greatest deviation from the average of 37,919 is District 5
which has 36,432 people, or a 3.9% deviation. Thus, we used the 2000 federal decennial
census and complied with the specific requirement in the Elections Code that the districts
shall be"nearly equal in population." -
Mr. Erskine's final assertion with respect to Elections Code Section 21620, is that
we failed to consider the four factors listed in Section 21620, lie., (1) topography, (2)
geography, (3)cohesiveness, contiguity, integrity, and compactness of territory, and (4)
community of interest of the districts. Section 21620 of the Elections Code states that the
drafters of district boundaries "may give consideration"to the four factors listed above.
The word "may" is obviously a permissive word. The drafters of district boundaries are
not required to utilize the four factors listed above. Mr. Erskine's opinion that the
Elections Code was violated for failure to use the four factors is incorrect.
Apart from the erroneous legal opinions relating to the Elections Code, the logic
used in the letter is also fraught with error. The letter states that the use of the four
factors "obviously has not been done in the case of the charter amendment's initial
establishment of districts, since the petition contains no reference to any of these factors."
The absence, however, of any mention in the petition of the four factors does not mean
the factors were not used. Indeed, the factors were used in establishing the proposed
districts.
In short, the proposed charter amendment is in full compliance with Elections
Code Section 21620. Mr. Erskine's legal opinions to the contrary are so off base that
they appear to be a deliberate attempt to mislead the City Council.
U. Federal Voting Rights Act of 1965
The Erskine letter raises the specter that somehow the proposed charter
amendment violates the Federal Voting Rights Act of 1965. Mr. Erskine states,
However,the subject proposal to divide Huntington Beach into five
districts roust also comply with applicable provisions of the Federal
Voting Rights Act of 1965.
Although Mr. Erskine raises the issue of the Voting Rights Act as if there is some
violation, he does not state how the proposed charter amendment violates the Act.
Nonetheless, the proposed charter amendment is in full compliance with the Act.
The Voting Rights Act of 1965 relates specifically to the "Denial or abridgment
of right to vote on account of race or color through voting qualifications or prerequisites."
Typical litigation concerning the Voting Rights Act occurs when district lines are
designed to deprive minority groups the opportunity to have minority representation on
the legislative body. Specifically, the Act provides a vehicle for challenging
discriminatory election methods such as at-large elections and racially gerrymandered
districting plans.
As you know,the City of Huntington Beach has a growing Latino population that
is by far the largest minority group in Huntington Beach. District four in the proposed
charter amendment is 32% Latino. That number reflects the Latino population of
California. The suggestion or implication that minority groups are disenfranchised by the
proposed charter amendment has no basis in law or fact.
UL Notice of Intent
Mr. Erskine's letter also claims that the Notice of Intent contains "insidiously"
false and misleading information. In determining whether a petition is defective because
of errors in the notice of intent, the issue is whether the information in question is
substantive (as opposed to technical), whether the information is material, whether the
information is intentionally wrong, whether the information is false, and whether the
information is designed to mislead a reasonable voter into signing a petition. See
generally, San Francisco Forty Niners v.Nishioka, 75 Ca1.App.4 1417 (1999).
Mr. Erskine takes issue with the statement that, '`Citywide elections have resulted
in Councilmembers being elected with only 12% of the vote." In the 2000 election, one
of the current councilmembers was elected with 11.9%of the vote. This information
comes directly from the County Registrar of Voters. See, Exhibit"1"attached hereto.
Mr. Erskine attempts to contort the 12% figure by making a distinction between
"persons casting ballots"and"total votes cast,"and he concludes that the 12% figure is
misleading. The obvious problem with Mr. Erskine's discussion is that the Notice of
Intent states "12% of the vote." It does not state 12% of the "persons casting ballots"as
Mr. Erskine wants it to react.
The use of manufactured factual contortions to arrive at a conclusion that"12% of
the vote"does not really mean "12% of the vote" should be rejected out of hand.
Mr. Erskine also takes issue with the statement that, "The present citywide
election system was last changed in the 1960's when the population of Huntington Beach
was 11,500." Mr. Erskine then concludes that the statement creates a"misleading
inference that the current selection process dates back to World War II." It is a mystery
how Mr. Erskine gets to World War Il.
Nonetheless, the federal decennial census for 1960 established that as of 1960,
Huntington Beach had a population of 11,492 people, See, Exhibit "2". Therefore, in the
1960's, the population indeed started out at 11,492. Admittedly, the population grew
through annexations and was higher than 11,492 when the charter was last changed in
1966. This technical point,however,could not be construed as materially false or
misleading. The substance of this section of the Notice of Intent is that Huntington
Beach has experienced tremendous growth since the 1960's when the population started
at 11,492. The population now stands at nearly 190,000.
In short, there is nothing material, intentional, or substantively false or misleading
in the statement at issue as required in San Francisco Forty Niners v. Nishioka, 75
Cal.App.41h 1417 (1999). A fair and reasonable reading of the Notice of Intent is that at-
large elections are appropriate for smaller populations and district elections are
appropriate for larger populations.
Finally, Mr. Erskine takes issue with the statement in the Notice of Intent that,
"The old citywide elections may have worked when Huntington Beach was just
Downtown and a couple of neighborhoods, but now it is 16 times larger and covers 28
square miles."
Mr. Erskine opines that the"16 times" language is false and misleading by stating
that, "Clearly, 28 square miles is not 16 times larger than 24 square miles." While I
would certainly agree with Mr. Erskine that 28 is not 16 times larger than 24, the Notice
of Intent does not state, as Mr. Erskine's analysis requires, that "16 times larger"relates
to area. When Huntington Beach was just"Downtown and a couple of neighborhoods"
the population indeed stood at 11,500r. The population is now 189,595,which is 16 times
larger. Moreover, even if one accepts Mr. Erskine's reading of this sentence, the issue is
not one that could be construed as material, substantive, and intentionally false and
misleading as required by San Francisco Forty Niners v. Nishioka.
IV. Single Subject Rule
Finally, Mr. Erskine throws into the mix the garden-variety single subject rule.
The Huntington Beach City Charter contains 8 articles and 56 sections. The
substantive changes sought by the proposed charter amendment are contained in a single
section of the City Charter, i.e., section 300. The title of Section 300 states,
"CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS."
Section 300 specifically relates to: 1.) the number of councilmembers (seven); 2).
how the councilmembers are to be elected (at large); and 3.)how many terms the council
members can run (no more than two consecutive terms).
While it was rather obvious and apparent to our city leaders in the 1960's to place
all three of these topics into a Single section because they are germane to each other, it is
not so apparent to the opponents. The California Supreme Court was unequivocal when
it stated that: "An initiative does not violate the single-subject requirement if, despite its
varied collateral effects, all of its pans are `reasonably germane' to each other.
Legislature v. Eu, 54 Cal.3d 492 (1991).
The Notice of Intent is clear on the purpose of the proposed charter amendment;
namely, special interests have dominated city politics because of the high cost for
individuals to campaign citywide and because the current term limit standard permits
those same special interests to fund a candidate (with high name identification)who has
already served two terms on the City Council.
Simply stated, the proposed charter amendment will permit individuals who are
not supported by special interests and who are not recycled incumbents to compete in
smaller districts and have a better chance of electoral success. This specific goal is not
the generic umbrella of"political issues,"that Mr. Erskine complains about. Rather,
district elections, five City Council members instead of seven and the length of their
terms all are germane to the issue of accountability and representation of the citizens of
Huntington Beach. Interesting enough. our city leaders in the 1960's tools the same
position and concluded that these issues were all germane to each other.
V. The 30 Dav Review Period Does Not Apply to Charter Amendments
In Mr. Erskine's conclusion, there is one more fundamental deficiency in his
analysis of the Elections Code where he states, "we are of the opinion that the Council
has the discretion—and therefore the obligation—to examine fiscal and other impacts of
the charter amendment pursuant to Elections Code provisions allowing for 30-day reports
from staff, andlor a Council appointed charter revision commission."
Mr. Erskine's opinion, however, is irrelevant without any reference to legal
authority. Mr. Erskine fails to cite which part of the Elections Code gives the City the
authority to provide for a 30-day report because the Elections Code does not permit a 30-
day report for charter amendments. It appears that Mr. Erskine is referring to a 30-day
report provision in Section 9212 of the Elections Code. Section 9212 applies to
ordinances, not charter amendments and,therefore,is inapplicable in this matter.
VI, Conclusion
From May 2, 2002 to June 17,2002, more that 22,000 people signed the petition
to put the proposed charter amendment on the ballot. The petitions were timely filed in
order to place them on the November 5, 2002 ballot. The City Council is required to
perform a ministerial duty in placing the charter amendment on the ballot. The City
Council may not take sides on the issue by trying to benefit the opponents over the
proponents.
The opponents clearly want to engage in tactics that delay, obstruct and otherwise
prevent the voters from voting on the issue in a timely manner. To join the opponents of
the charter amendment and delay the election until next year or later would necessarily
mean that the City Council is no longer performing a ministerial duty. Rather, the City
Council would be taking sides and giving the opponents more time to file lawsuits and
seek further delays.
Moreover, delaying the vote until next year or beyond would necessitate the
expenditure of more than$100,000 to conduct a special election. There is no need or
justification to spend that kind of money, and there is certainly no need or justification in
delaying the election beyond November 5,2002. You are,therefore,.respectfully
requested to place the measure on the November 5,2002 ballot.
Very Truly Yours,
Mark Bucher
CC: Gail Hutton, City Attorney
Connie Brockway, City Clerk
DAVID I.DUNW..IR 2,478 3 7%
GMRISTOPnER PRE.VATf 2.059 3.20A
RICFIARO R RAriDER 2.054 3.1%
CITY OF HUNTINOTON REACH
MI3LWfR,011Y COUNCIL
Vote For 3
Ccrnaletta Precznc18: 143 of 143
Vbto Courd AerC9r11a90
PAM JULtFN 2a,856 14.3%
DEWIE COOK 24,913 122%
CONNIE 000MMAN z4 321 lit%
SILL SORDIN 22,310 10.9%
Gtt_COERFER 16,5 S a 2%
DIANE A L`"NNING 11.3w 5 61!e
JAMES A YOUNG 11 181 5,5%
7HOMAS bdvLY 9.627 a 7'it
JOetN A T}i=kS 7,766
JOEY RACANO 1.312 3.514
CHOCK DOWNING 8,866 3 4%
STEPNO4 GARCIA 5,157 2 8%
J CCVIN DWYER 5,149 2.6%
GE AL0 CHAPMAN 4.775 2 3%
NnRMwts1,wELL 4C41 2.QVA
ROMTJJOHN30h 3.779 1.$%
JOE CAAMO 3,412 1 7%
LOW SAXER 3,017 1 5%
MARK H 5ZU1-C 1,681 0 8%
MARK W LEWIS 1,623 0.3%
CITY OF HUNTINGTON REACH
CITY CLERK
Comp sis,4 Flied lcts: 143 of 143
Vote Count Percentage
GONmF BROCKWAY 53,481 100 0$b
CITY OF HUNTINGTON BEACH
Ci'TY TREASURER
CQMPlette PrOCIMU, 143 Of 143
Vote Count Percentage
�tV►R+FREIDENRIGN SZ.S48 100.01A
CITY OF IRVINIE
MAYOR
Ccnlpletea Precincts: 111 Of 111
Atspllw�va.oc ca2orJel�xt$pp/I.rv�lE2WTesulflUh7n 5;s'G2
v ►�all l SUM
CITY OF HUNTWGTON BEACH
I�-157 Syuare Aedes
1992-27.7 Squ"AW"
1960 (chef Fodor l 11,492
1951 April State Department of Fiwce 16,850
198a April State Department of Sna nce 24.700
October Fedonsl 34,143
1983 April State Department of Finance 42.300
October Fe34antl $0,290
1964 Aprfl Stab Department of Finance 56,104
Ocxmw Federal 64,226
1885 April State Department of Finance MOO
Oetow Federal 75,053
19t a April State ORpertment of Fuk-XneU 70,400
October Federal 86,W
1967 April Stata Department of Frwanca 90.300
OCUo>W Federal 94,377
188E April State Department of Finance 99.000
October Federal 104,124
1969 April State Department of Finance 109,8w
OCUAW Federal . 112,021
1970 April 5tata Department of Fmince 11$,400
cklobw FoOral 115.080
t971 April State Department of Faanca 126,900
1972 Fetimary State Department of Flnanca 137.000
November Stets Department of Frrwlr" 143,5w
1973 April Stets Department of Fr mwe 142,600
1974 Fabruary State Department of Finance 143,325
1978 January State Department of Financa 148,4()0
1976 January State Department of Finance 152,148
1877 January State Department of Fiance 157,80t7
1978 January State Depa tme rit of nuw"e 161.300
1 279 January State Department of Finance 167,419
1080 January State Department of Finance 172,200
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DUPLICATE
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CITY OF HUNTINGTON BEACH
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Inter-Department Communication
_7
TO: CONNIE BROCKWAY, City Clerk — ---
FROM: GAIL HUTTON, City Attorney
DATE: July 31, 2002
cri C-)
r—SUBJECT: RLS 2Q02-0421. Available Election Dates for a Charter Amendment �
Proposal to Elect Councilmembers by District Rather than At-Large
INDEX: Elections; Procedures; General and Special Elections
FACTS
On August 5, 2002, the City Council will be asked to select an election date concerning a
charter proposal to amend the City of Huntington Beach's (sometimes "City") Charter, which
amendment would, inter alia, decrease the number of elected Councilmembers from seven to
five; impose a two-term limit on Councilmembers; and elect Councilmembers by district rather
than at large. The proponent of this proposal is Huntington Beach resident Scott R. Baugh. For
ease of reference,this proposal will hereafter be referred to as the "Charter Proposal." The
Charter Proposal contains a sufficient number of registered voters' signatures in order to qualify
for the holding of an election.
The Charter Proposal, if it receives a favorable vote, is to become effective with the
City's General Municipal Election to be held on November 3, 2004.
If the Council, on August 5, 2002, selects an election date, then August 5th, under the
state's Elections Code (sometimes "EC"), will be known as the "date of the order of election."
QUESTION
What are the appropriate, authorized election dates, available for selection by the City
Council,regarding a qualified City Charter amendment proposal to be submitted to the voters?t
ANSWER
Pursuant to California Elections Code §§ 9255 and 1415, the following six election dates
are available for selection by the City Council, regarding the Charter Proposal:
1. November 5, 2002 4. November 4, 2003
2. March 4, 2003 5. March 2, 2004
3. June 3, 2003 6. April 13, 2004
' City Charter§702 states that all City elections shall be held in accordance with the State of California's Elections
Code to the extent that it is not in conflict with the Charter. In terms of the issue of setting the Charter Proposal for G
an election,there are no conflicts between the City's Charter and the state's Elections Code.
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Connie Brockway
July 31,2002
Page 2 of 5
All of these possible election dates"pre-date"the November 3, 2004 effective date of the
Charter Proposal (assuming it receives a favorable election vote). The Council is legally
obligated to select one of these dates.
ANALYSIS
Since the petition proposes significant changes to the City's Charter(its constitution), the
specific, applicable provisions of the California Elections Code dealing with election dates for
charter proposals are EC §§ 9255 and 1415.
Elections Code § 9255, enacted into law in 1994, states, in relevant part:
"§ 9255. Charter proposals; submission to voters
(a) The following city . . . charter proposals shalt be submitted to
the voters at either a special election called for that purpose, at any
established municipal election date, or at any established election
date pursuant to (Elections Code) section 1000, provided that there
are at least 88 days before the election . . .
(3) An amendment . . . of a city charter proposed by a
petition signed by 15 percent of the registered voters of the city . . ."
In our opinion,the current Charter Proposal,which would make significant changes as to
how Councilmembers are elected, is a proposal that qualifies under EC § 9255(a)(3).
Elections Code § 1415, enacted into law two years later in 1996, states, in pertinent part:
"Charter proposals
City . . . charter proposals that qualify pursuant to (Elections Code)
section 9255 shall be submitted to the voters at either the next
regular municipal election occurring not less than 88 days after the
date of the order of election, or at a special election called for that
purpose or on any established election date pursuant to (Elections
Code) section 1000 occurring not less than 88 days after the date of
the order of election." (Emphasis added.)2
2 We note that several differences exist between Elections Code§9255(a)and Elections Code§ 1415. One of the
major differences,concerning"special elections," is that,under section 9255(a), 88 days must elapse between the
date of the order of election(in this case August 5,2002)and the date of the special election itself,while under
section 1415,this 88-day period is not a requirement. In our opinion,for the following reasons,section 1415 is the
controlling statute. First,section 1415 was enacted into law in 1996,two years after section 9255. Presumably,the
state Legislature was aware of the language of earlier section 9255 when it enacted section 1415 into law in 1996.
Second,section 1415 not only specifically refers to section 9255,but to section 9255 in such a way as to make
section 1415 the controlling section. And third,practically speaking, it really makes no difference which section
controls as the three election date"alternatives"in each section are essentially the same.
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I
Connie Brockway
July 31,2002
Page 3 of 5
- Under EC § 1415, three possible alternatives or options are available to the City Council
in setting an election date regarding the Charter Proposal: (1)the next regular general municipal
election occurring not less than 88 days after the date of the order of election; (2) at any special
election called for that purpose; or(3) on any established election date pursuant to EC § 1000
occurring not less than 88 days after the date of the order of election.
We will now separately discuss all three of these alternatives.
1. THE NEXT REGULAR GENERAL MUNICIPAL ELECTION OCCURRING
NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER OF
ELECTION
Under City Charter § 700, the City's general municipal elections are held on the first
Tuesday after the first Monday in November in each even numbered year.
The date of the next City General Municipal Election is November 5, 2002.
The City Council, if it so chooses, can set the Charter Proposal for the November 5, 2002
election. Eighty-eight days will have elapsed between August 5, 2002 (the date of the order of
election) and November 5, 2002.3
2. AT ANY SPECIAL ELECTION CALLED FOR THAT PURPOSE
Elections Code § 356 defines a"special election" as:
". . . an election,the specific time for the holding of which is not
prescribed by law."
At first blush, it would appear that the City Council is free to select whatever day, month
or year it desires for the special election date. In fact, under EC § 1415, 88 days does not have to
elapse between the date of the order of election(August 5, 2002) and the date of the special
election itself(see footnote 2, ante).
But there is an important limitation; that being EC § 1002. Section 1002 states that". . .
all . . . municipal, . . . elections shall be held on an established election date." (Emphasis added.)
EC § 1000 establishes five yearly election dates. This means that any"special municipal
election"must be held on one of the state's "established election dates."
"Established election dates"will be discussed under the third alternative.
In summary,the possible election dates for the Charter Proposal are the same under both
the second and third options.
3 We note that August 9,2002,is the 88th day prior to November 5,2002.
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Connie Brockway
July 31,2002
Page 4 of 5
3. ON ANY ESTABLISHED ELECTION DATE PURSUANT TO (ELECTIONS
CODE) SECTION 1000 OCCURRING NOT LESS THAN 88 DAYS AFTER
THE DATE OF THE ORDER OF ELECTION
EC § 1000 sets forth the following five yearly established election dates:
•, The second Tuesday of April in each even-numbered year(the next
election date would be April 13, 2004)
• The first Tuesday after the first Monday in March of each odd-numbered
year(the next election date would be March 4, 2003)
• The first Tuesday in March in each even-numbered year(the next election
date would be March 2, 2004)
• The first Tuesday after the first Monday in June of each odd-numbered
year the next election date would be June 3, 2003)
• The first Tuesday after the first Monday in November of each year (the
next two election dates would be November 5, 2002 and November 4,
2003)
In summary, six possible election dates, under this third alternative,are available to the
City Council regarding the Charter Proposal: November 5, 2002; March 4,2003; June 3, 2003;
November 4, 2003; March 2, 2004; and April 13, 2004. The six possible dates are also available
under the second alternative, regarding the holding of a special election.
4. THE APPLICABILITY OF CHARTER §§ 700 AND 701
The provisions of City Charter §§ 700 and 701 played little part in our analysis. Charter
§ 700 provides that the City's general municipal elections shall be held on the first Tuesday after
the first Monday in November in each even numbered year. As stated earlier,the City's next
General Municipal Election is November 5, 2002. Charter § 701 states that". . . (a)ll other
municipal elections that may be held by authority of this charter, or of any law(e.g., the state's
Elections Code), shall be known as special municipal elections." Thus, if the City Council sets
the Charter Proposal for one of the five available dates other than November 5, 2002, it shall be
deemed a special municipal election under Charter § 701, and, under Elections Code § 12001,
the Council must adopt a resolution calling the election.
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Connie Brockway
July 31,2002
Page 5 of 5
CONCLUSION
Coalescing the three EC§ 1415 alternatives together, the following election dates are
available for City Council consideration, regarding the Charter Proposal:
l. November 5, 2002
2. March 4, 2003
3. June 3, 2003
4. November 4, 2003
5. March 2, 2004
6. April 13, 2004
Please feel free to attach this opinion to your Request for Council Action concerning the
Charter Proposal.
GAIL HUTTON
City Attorney
cc: Ray Silver, City Administrator
Bill Workman, Assistant City Administrator
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