HomeMy WebLinkAboutNotice of Intent to Circulate Petition - Charles (Chuck) Sch OR CLERICS ORIGM
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
August 3, 2001
Charles W. Scheid
8062 Ebbtide Circle
Huntington Beach, CA 92646
Re: Ballot Title and Summary Prepared by the City Attorney Pursuant to the Notice of
Intent to Circulate Petition and Initiative Measure You Filed on July 18, 2001 with the
City Clerk's Office — Re: Reduce Utilities Users Taxes from 5% to a Rate Not to
Exceed 3%.
Dear Mr. Scheid:
Please find attached, pursuant to Elections Code §9203, the Ballot Title and Summary
prepared by the City Attorney relative to the above-referenced subject.
Sincerely,
4O .G
Connie Brockway
City Clerk
Enclosure: Ballot Title and Summary
CB:jh
g1cbmemos/cbmem2001/Chuck Scheid Election Letter 2-jh
(Telephone:714-536-5227)
TITLE
An initiative ordinance proposed by the voters of the
City of Huntington Beach, County of Orange, State
of California, amending Huntington Beach Municipal
Code Sections 3.36.020, 3.36.050, 3.36.070,
3.36.090 and 3.36.110 to reduce the utilities taxes
on the users of telephones, electricity, gas, water
and cable television, from the rate of five (5%)
percent of the charges made for such services to a
rate not more than three (3%) percent of the
charges made for such services.
SUMMARY
Under the provisions of Chapter 3.36 of the Huntington Beach Municipal Code
("HBMC"), the City of Huntington Beach presently levies a utilities tax on the users
of telephones (HBMC Section 3.36.020), electricity (HBMC Section 3.36.050), gas
(HBMC Section 3.36.070), water (HBM.0 Section 3.36.090) and cable television
(HBMC Section 3.36.110). These taxes are imposed at the rate of five percent
(5%) of the charges made for such services. This proposed initiative ordinance
would amend Sections 3.36.020, 3.36.050, 3.36.070, 3.36.090 and 3.36.110 to
reduce the tax to a rate not to exceed three percent (3%) of the charges made for
such services; and would further provide that the changes made to these
municipal code sections could not be later amended without voter approval.
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Hutton/2001/memos/RLS 2001-0403 Ordinance to Reduce Utilities
HB CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
s
DATE: August 3, 2001
SUBJECT: RLS 2001-0548
New Proposed Initiative Ordinance to Reduce Utilities Users Taxes
From 5% to a Rate Not to Exceed 3%
Sponsor: Charles W. Scheid
Pursuant to your July 19, 2001 memorandum, and state Elections Code, 9203(a),
please find attached a proposed "Title" and "Summary" for the new proposed
initiative ordinance, sponsored by Mr. Scheid.
Please contact me should you have any questions in this matter.
GAIL HUTTON
City Attorney
Attachment as noted
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cc: Ray Silver, City Administrator c ��
Bill Workman, Assistant City Administrator CD---A C
Mr. Charles W. Scheid
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Flutton/2001/memos/RLS 2001-0403 Ordinance to Reduce Utilities
TITLE
An initiative ordinance proposed by the voters of the
City of Huntington Beach, County of Orange, State
of California, amending Huntington Beach Municipal
Code Sections 3.36.020, 3.36.050, 3.36.070,
3.36.090 and 3.36.110 to reduce the utilities taxes
on the users of telephones, electricity, gas, water
and cable television, from the rate of five (5%)
percent of the charges made for such services to a
rate not more than three (3%) percent of the
charges made for such services.
SUMMARY
Under the provisions of Chapter 3.36 of the Huntington Beach Municipal Code
("HBMC"), the City of Huntington Beach presently levies a utilities tax on the users
of telephones (HBMC Section 3.36.020), electricity (HBMC Section 3.36.050), gas
(HBMC Section 3.36.070), water (HBMC Section 3.36.090) and cable television
(HBMC Section 3.36.110). These taxes are imposed at the rate of five percent
(5%) of the charges made for such services. This proposed initiative ordinance
would amend Sections 3.36.020, 3.36.050, 3.36.070, 3.36.090 and 3.36.110 to
reduce the tax to a rate not to exceed three percent (3%) of the charges made for
such services; and would further provide that the changes.made to these
municipal code sections could not be later amended without voter approval.
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Hutton/2001/memos/RLS 2001-0403 Ordinance to Reduce Utilities
CITY CLERK
CITY OF
HUNTMGTOI� BEACH, CA
18 July 2001
2001 JUL 18 P 2: 4 5
City of Huntington Beach
2000 Main Street
Huntington Beach, CA .92648
Attention: City Clerk
Subject: Initiative Measure to be Submitted to Voters
Dear Ms. Brockway,
Please find enclosed an Initiative Measure and a Notice of Intent to Circulate
Petition. Please transmit the Initiative Measure to the City Attorney for Title and
Summary pursuant to Elections Code Section 9203.
I am the proponent of the measure and am a registered voter within the City of
Huntington Beach. If you have any questions please do not hesitate to call me.
Sincerely yours,
Charles W. Sch id
8062 Ebbtide Circle
Huntington Beach, CA 92646
(714) 536-7077
Enclosures: Initiative Measure
Notice of Intent to Circulate Petition
I_U
CICITY Oij F li
HUNTIFIGTOfN BEACH. CA
. 1001 JUL I g P 2: 4 S
NOTICE OF INTENT TO CIRCULATE PETITION
Notice is hereby given by the person whose name appears hereon of his
intention to circulate a petition within the City of Huntington Beach for the
purpose of reducing the City's Utility Tax from its present rate of five percent
(5%) to a rate of not to exceed three percent (3%). A statement of the reasons for
the proposed action as contemplated in the petition is as follows:
1. The utility tax was originally put in place to finance construction of the Civic
Center, the Central Library and several fire stations, as well as pay all future
costs for trash collection. All debts were paid off long ago. In addition, in 1988 a
separate fee was put in place for trash collection. As a consequence, a large
part, if not all, of the utility tax should have been rescinded years ago.
2. The hugely escalating costs of gas and electricity are resulting in sharply
higher utility bills and, consequently, much higher utility taxes. The citizens
should not be required to provide the City with a "windfall" of additional utility tax
revenue in addition to bearing the burden of the higher bills.
Charles W. Scheid, Proponent 8062 Ebbtide Circle
Huntington Beach, CA 92646
Enclosure to letter to City Clerk, dated 18 July 2001, Initiative Measure to be
Submitted to Voters
CI T Y CLERK
CITY OF
HUN T INGTON BEACH, CA
2001 JUL 18 P 2: 4 5
INITIATIVE MEASURE
The people of the City of Huntington Beach ordain as follows:
1. In Chapter 3.36 Utilities Tax, of the City of Huntington Beach Municipal Code,
Sections 3.36.020 Telephone tax--Imposed; 3.36.050 Electricity tax; 3.36.070
Gas tax--Imposed; 3.36.090 Water tax--Imposed; and 3.36.110 Cable Television
Users Tax shall each be amended as follows:
In the sentence starting "The tax imposed by this Section shall be at the rate of
five percent (5%) ....."
the phrase "at the rate of five percent (5%)" shall be deleted and replaced
with the phrase "no more than three percent (3%)"
2. This measure may not be amended except upon voter approval.
Enclosure to letter to City Clerk, dated 18 July 2001, Initiative Measure to be
Submitted to Voters
l CITY OF HUNTINGTON BEA CH
INTERDEPARTMENTAL COMMUNICATION
HUVTMLN ON BEACH
TO: Gail Hutton, City Attorney
FROM: Connie Brockway, City Clerk
DATE: July 19, 2001
RE: NEW Notice of Intent to Circulate Petition Filed By Charles
Scheid, Pursuant to State Elections Code 9201
COPY: ✓ ' onorable Mayor and City Council Members
✓Ray Silver, City Administrator
Transmitted herewith is the original NEW Notice of Intent to Circulate Petition,
accompanied by written text of the initiative, and a written statement not
exceeding 500 words, setting forth the reasons for the proposed petition.
These documents were filed by Charles W. Scheid pursuant to S. 9202 of the
State Elections Code.
I am transmitting the above documents pursuant to S. 9203 of the State Elections
Code.
This replacement Notice of Intent has changed from Charles Scheid's first
filing. He is now proposing "reduction from 5% to 3%".
Pursuant to Elections Code S. 9203 please return, no later than Friday, August 3,
2001, a ballot title for and summary of the proposed measure. I have attached
the appropriate 2001 State Elections Code sections for.your use.
Attachments:
(1) Letter from Charles Scheid Requesting Ballot Title and
Summary of Proposed Measure
(2) Notice of Intent to Circulate Petition
(3) Written Text of Proposed Measure
(4) Chapter 3 Municipal Elections, Article 1 Initiative, P. #248, 249,
250, 251, 252, 253, 254
Cbmemo/2000-2jc
I\Lip _ i
C;TY CLERK
CITY OF
HUIdT1HGTON BEACH, CA
18 July 2001
2001 JUL 18 P 2: 4 5
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: City Clerk
Subject: Initiative Measure to be Submitted to Voters
Dear Ms. Brockway,
Please find enclosed an Initiative Measure and a Notice of Intent to Circulate
Petition. Please transmit the Initiative Measure to the City Attorney for.Title and
Summary pursuant to Elections Code Section 9203.
I am the proponent of the measure and am a registered voter within the City of
Huntington Beach. If you have any questions please do not hesitate to call me.
Sincerely yours,
Charles W. Sch id
8062 Ebbtide Circle
Huntington Beach, CA 92646
(714) 536-7077
Enclosures: Initiative Measure
Notice of Intent to Circulate Petition
Cl, y ^/Ltlti\
ITY OF
HMTIF;GTO14 BEACH, CA
2001 JUL 18 P 2: 4
NOTICE OF INTENT TO CIRCULATE PETITION.
Notice is hereby given by the person whose name appears hereon of his
intention to circulate a petition within the City of Huntington Beach for the
purpose of reducing the City's Utility Tax from its present rate of five percent
(5%) to a rate of not to exceed three percent (3%). A statement of the reasons for
the proposed action as contemplated in the petition is as follows:
1. The utility tax was originally put in place to finance construction of the Civic
Center, the Central Library and several fire stations, as well as pay all future
costs for trash collection. All debts were paid off long ago. In addition, in 1988 a
separate fee was put in place for trash collection. Asa consequence, a large
part, if not all, of the utility tax should have been rescinded years ago.
2. The hugely escalating costs of gas and electricity are resulting in sharply
higher utility bills and, consequently, much higher utility taxes. The citizens
should not be required to provide the City with a "windfall" of additional utility.tax
revenue in addition to bearing the burden of the higher bills.
Charles W. Scheid, Proponent 8062 Ebbtide Circle
Huntington Beach, CA 92646
Enclosure to letter to City Clerk, dated 18 July 2001, Initiative Measure to be
Submitted to Voters
CITY CLERK
CITY OF
HUNTINGTON BEACH, CA
2001 JUL 18 P 2: 4 S
INITIATIVE MEASURE
The people of the City of Huntington Beach ordain as follows:
1. In Chapter 3.36 Utilities Tax, of the City of Huntington Beach Municipal Code,
Sections 3.36.020 Telephone tax--Imposed; 3.36.050 Electricity tax; 3.36.070
Gas tax--Imposed; 3.36.090 Water tax--Imposed; and 3.36.110 Cable Television
Users Tax shall each be amended as follows:
In the sentence starting "The tax imposed by this Section shall be at the rate of
five percent (5%) ....."
the phrase "at the rate of five percent (5%)" shall be deleted and replaced
with the phrase "no more than three percent (3%)"
2. This measure may not be amended except upon voter approval.
Enclosure to letter to City Clerk, dated 18 July 2001, Initiative Measure to be
Submitted to Voters
9190. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS
not substantially interfere with the printing or distribution of official election
materials as provided by law.The county elections official shall be named as
respondent and the person or official who authored the material in question
shall be named.as real parties in interest. In the case of the county elections
official bringing the mandamus or injunctive action,the board of supervisors
of the county shall be named as the respondent and the person or official who
authored the material in question shall be named as the real party in interest.
(Added by Stats. 1994, c. 920, §2.)
Chapter 3. Municipal Elections
Article 1. Initiative
9200. Scope of article.
Ordinances may be enacted by and for any incorporated city pursuant to
this article.
(Added by Stats. 1994, c. 920, §2.)
9201. Proposed ordinance may be submitted by petition.
Any proposed ordinance may be submitted to the legislative body of the
city by a petition filed with the elections official of the legislative body,in the
manner hereinafter prescribed, after being signed by not less than the num-
ber of voters specified in this article.The petition maybe in separate sections,
providing that the petition complies with this article. The first page of each
section shall contain the title of the petition and the text of the measure. The
petition sections shall be designated in the manner set forth in Section 9020.
(Added by Stats. 1994, c. 920, §2.)
9202. Notice of intent to circulate;filing, form.
(a)Before circulating an initiative petition in any city,the proponents of
the matter shall file with the elections official a notice of intention to do so,
which shall be accompanied by the written text of the initiative and may be
accompanied by a written statement not in excess of 500 words,setting forth
the reasons for the proposed petition. The notice shall be signed by at least
one,but not more than three,proponents and shall be in substantially the fol-
lowing form:
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of
their intention to circulate the petition within the City of for the purpose
of .A statement of the reasons of the proposed action as contemplated in
the petition is as follows:
(b)Any person filing a notice of intent with the elections official shall pay
a fee to be established by the legislative body not to exceed two hundred dol-
lars($200)to be refunded to the filer if,within one year of the date of filing the
notice of intent,the elections official certifies the sufficiency of the petition.
(Added by Stats. 1994,c. 920,§2.)
9203. Proposed measure;title and summary.
(a) Any person who is interested in any proposed measure shall file a
copy of the proposed measure with the elections official with a request that a
ballot title and summary be prepared.This request shall be accompanied by
the address of the person proposing the measure.The elections official shall
immediately transmit a copy of the proposed measure to the city attorney.
Within 15 days after the proposed measure is filed,the city attorney shall pro-
vide and return to the city elections official a ballot title for and summary of
the proposed measure.The ballot title may differ from any other title of the
nnn,f 7AQ
Chapter 3. Municipal Elections 9205
proposed measure and shall express in 500 words or less the purpose of th
proposed measure.In providing the ballot title, the city attorney shall give
true and impartial statement of the purpose of the proposed measure in sud
language that the ballot title shall neither be an argument,nor be likely to cre
ate prejudice, for or against the proposed measure.
(b) The elections official shall furnish a copy of the ballot title and sum
mary to the person filing the proposed measure. The person proposing the
measure shall,prior to its circulation,place upon each section of the petition
above the text of the proposed measure and across the top of each page of the
petition on which signatures are to appear, in roman boldface type no
smaller than 12 point,the ballot title prepared by the city attorney.The text o.
the measure shall be printed in type not smaller than 8 point.
The heading of the proposed measure shall be in substantially the follow-
ing form:
Initiative Measure to be Submitted Directly to the Voters
The city attorney has prepared the following title and summary of the
chief purpose and points of the proposed measure:
(Here set forth the title and summary prepared by the city attorney.This
title and summary must also be printed across the top of each page of the peti-
tion whereon signatures are to appear.)
(Amended by Stats. 1999, c. 312, §21.)
9204. Title or summary;writ of mandate.
The proponent may seek a writ of mandate requiring the ballot title or
summary prepared by the city attorney to be amended.The court shall expe-
dite hearing on the writ.A peremptory writ of mandate shall be issued only
upon clear and convincing proof that the ballot title or summary is false,mis-
leading, or inconsistent with the requirements of Section 9203.
(Amended by Stats. 1999,c. 312,§22.)
9205. Where notice is published or posted.
A notice of intention and the title and summary of the proposed measure
shall be published or posted or both as follows:
(a)If there is a newspaper of general circulation,as described in Chapter
1 (commencing with Section 6000)of Division 7 of Title 1 of the Government
Code,adjudicated as such,the notice,title,and summary shall be published
therein at least once.
(b)If the petition is to be circulated in a city in which there is no adjudi-
cated newspaper of general circulation,the notice,title,and summary shall
be published at least once,in a newspaper circulated within the city and adju-
dicated as being of general circulation within the county in which the city is
located and the notice,title,and summary shall be posted in three(3)public
places within the city,which public places shall be those utilized for the pur-
pose of posting ordinances as required in Section 36933 of the Government
Code. .
(c) If the petition is to be circulated in a city in which there is no adjudi-
cated newspaper of general circulation,and there is no newspaper of general-
circulation adjudicated as such within the county,circulated within the city,
then the notice,title,and summary shall be posted in the manner described in
subdivision(b).
(Added by Stats. 1994,c. 920,§2.)
9206. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS
9206. Filing of publication affidavit.
Within 10 days after the date of publication or posting, or both, of the
notice of intention and title and summary,the proponents shall file a copy of
the notice and title and summary as published or posted together with an
affidavit made by a representative of the newspaper in which the notice was
published or,if the notice was posted,by a voter of the city,certifying to the
fact of publication or posting.
If the notice and title and summary are both published and posted pursu-
ant to subdivision (b) of Section 9205, the proponents shall file affidavits as
required by this section made by a representative of the newspaper in which
the notice was published certifying to the fact that the notice was published
and by a voter of the city certifying to the fact that the notice was posted.
These affidavits,together with a copy of the notice of intention and title
and summary,shall be filed with the elections official of the legislative body
of the city in his or her office during normal office hours as posted.
(Added by Stats. 1994,c. 920,§2.)
9207. When petition may be circulated.
The proponents may commence to circulate the petitions among the vot-
ers of the city for signatures by any registered voter of the city after publica-
tion or posting,or both,as required by Section 9205,of the title and summary
prepared by the city attorney.Each section of the petition shall bear a copy of
the notice of intention and the title and summary prepared by the city attor-
ney.
(Added by,Stats. 1994, c. 920,§2.).
9208. Securing of signatures and petition filing time.
Signatures upon petitions and sections of petitions shall be secured, and
the petition,together with all sections of the petition,shall be filed within 180
days from the date of receipt of the title and summary,or after termination of
any action for a writ of mandate pursuant to Section 9204,and,if applicable,
after receipt of an amended title or summary or both,whichever occurs later.
Petitions and sections thereof shall be filed in the office of the elections official
during normal office hours as posted.If the petitions are not filed within the
time permitted by this section,the petitions shall be void for all purposes.
(Added by Stats. 1994, c. 920, §2.)
9209. Affidavit attached to petition.
Each section shall have.attached thereto the declaration of the person
soliciting the signatures. This declaration shall be substantially in the same
form as set forth in Section 9022,except that the declaration shall declare that
the circulator is a voter of.the city, and shall state the voter's residence
address at the time of the execution of the declaration.
(Added by Stats. 1994, c. 920,§2.)
9210. Filing of petition.
The petition shall be filed by the proponents or by any person or persons
authorized in writing by the proponents.All sections of the petition shall be
filed at one time.Once filed,no petition.section shall be amended except by
order of a court of competent jurisdiction.
When the petition is presented for filing,the elections official shall do all
of the following:
(a)Ascertain the number of registered voters of the city last reported by
the county elections official to the Secretary of State pursuant to Section 2187
2001 1r_^
Chapter 3. Municipal Elections 9213,
effective at the time the notice specified in Section 9202 was published.
(b) Determine the total number of signatures affixed to the petition. If,
from this examination, the elections official determines that the number of
signatures,prima facie,equals or is in excess of the minimum number of sig-
natures required, he or she shall accept the petition for filing. The petition
shall be deemed as filed on that date.Any petition not accepted for filing shall
be returned to the proponents.
(Added by Stats. 1994, c. 920, §2.)
9211. Examination of signatures.
After the petition has been filed,as herein provided,the elections official
shall examine the petition in the same manner as are county petitions in
accordance with Sections 9114 and 9115,except that for the purposes of this
section,references to the board of supervisors shall be treated as references to
the legislative body of the city.
(Added by Stats. 1994, c. 920, §2.)
9212. Report on effect of proposed initiative to legislative body.
(a) During the circulation of the petition, or before taking either action
described in subdivisions(a)and(b)of Section 9214,or Section 9215,the leg-
islative body may refer the proposed initiative measure to any city agency or
agencies for a report on any or all of the following:
(1) Its fiscal impact.
(2)Its effect on the internal consistency of the city's general and spe-
cific plans;including the housing element,the consistency between planning
and zoning, and the limitations on city actions under Section 65008 of the
Government Code and Chapters 4.2 (commencing with Section 65913) and
4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Govern-
ment Code.
(3)Its effect on the use of land,the impact on the availability and loca-
tion of housing,and the ability of the city to meet its regional housing needs.
(4)Its impact on funding for infrastructure of all types,including,but
not limited to,transportation,schools,parks,and open space.The report may
also discuss whether the measure would be likely to result in increased infra-
structure costs or savings,including the costs of infrastructure maintenance,
to current residents and businesses.
(5) Its impact on the community's ability to attract and retain busi=
ness and employment.
(6)Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion,
existing business districts,and developed areas designated for revitalization.
(8)Any other matters the legislative body requests to be in the report.
(b)The report shall be presented to the legislative body within the time
prescribed by the legislative body,but no later than 30 days after the elections
official certifies to the legislative body the sufficiency of the petition.
(Amended by Stats. 2000,c. 496,§2.)
9213. Report on municipal initiatives submitted to Secretary of State;
time.
On or before April 1 of each odd-numbered year,the elections official of
each legislative body shall file a report with the Secretary of State containing
the following information:
?51 9nni
J '
9213. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS
(a) The number of municipal initiative petitions circulated during the
preceding two calendar years which did not qualify for the ballot, and the
number of these proposed initiatives for which reports were prepared pursu-
ant to Section 9212.
(b) With respect to municipal initiative measures that qualified for the.
ballot in the preceding two calendar years, the number that were approved
by the voters, and the number of these ballot measures for which reports
were prepared pursuant to Section 9212.
(c) With respect to municipal initiative measures that qualified for the
ballot in the preceding two calendar-years, the number that were not
approved by the voters,and the number of these ballot measures for which
reports were prepared pursuant to Section 9212.
(Added by Stats. 1994,c. 920,§2.)
9214. Petition signatures; adopt ordinance or order special election.
If the initiative petition is signed by not less than 15 percent of the voters
of the city according to the last report of registration by the county elections
official to the Secretary of State pursuant to Section 2187,effective at the time
the notice specified in Section 9202 was published,or,in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of the city,
whichever is the lesser number,and contains a request that the ordinance be
submitted immediately to a vote of the people at a special election,the legisla-
tive body shall do one of the following:
(a) Adopt the ordinance, without alteration, at the regular meeting at
which the certification of the petition is presented,or within 10 days after it is
presented.
(b)Immediately order a special election, to be held pursuant to subdivi-
sion (a) of Section 1405, at which the ordinance, without alteration,shall be
submitted to a vote of the voters of the city.
(c) Order a report pursuant to Section 9212 at the regular. meeting at
which the certification of the petition is presented. When the report is pre-
sented to the legislative body,the legislative body shall either adopt the ordi-
nance within 10 days or order an election pursuant to subdivision (b).
(Amended by Stats. 2000,c. 55,§17.)
9215. Petition signatures;ordinance submitted at next regular
municipal election.
If the initiative petition is signed by not less than 10 percent of the voters.
of the city,according to the last report of registration by the county elections
official to the Secretary of State pursuant to Section 2187,effective at the time
the notice specified in Section 9202 was published, or,in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of the city,
whichever is the lesser number, the legislative body shall do one of the fol-
lowing:
(a) Adopt the ordinance, without alteration, at the regular meeting at
which the certification of the petition is presented,or within 10 days after it is
presented.
(b) Submit the ordinance, without alteration, to the.voters pursuant to
subdivision (b) of Section 1405, unless the ordinance petitioned for is
required to be,or for some reason is,submitted to the voters at a special elec-
tion pursuant to subdivision(a)of Section 1405.
(c) Order a report pursuant to Section 9212 at the regular meeting at
which the certification of the petition is presented. When the report is pre-
Chapter 3. Municipal Elections 922(
sented to the legislative body,the legislative body shall either adopt the ord.
nance within 10 days or order an election pursuant to subdivision (b).
(Amended by Stats. 2000,c. 55, §18.)
9216. Mayor may veto.
In cities having a mayor, or like officer, with the veto power, when th
passage of an ordinance petitioned for by the voters is vetoed, the failure c
the legislative body to pass the ordinance over the veto shall be deemed
refusal of the legislative body to pass the ordinance within the meaning o
this article.
(Added by Stats. 1994, c. 920, §2.)
9217. Valid ordinance if majority.
If a majority of the voters voting on a proposed ordinance vote in it;
favor, the ordinance shall become a valid and binding ordinance of the city
The ordinance shall be considered as adopted upon the date that the vote i;
declared by the legislative body, and shall go into effect 10 days after that
date.No ordinance that is either proposed by initiative petition and adopted
by the vote of the legislative body of the city without submission to the voters,
or adopted by the voters,shall be repealed or amended except by a vote of the
people, unless provision is otherwise made in the original ordinance.
(Added by Stats. 1994, c. 920, §2.)
9218. More than one ordinance at same election.
Any number of proposed ordinances may be voted upon at the same
election,but the same subject matter shall notbe voted upon twice within any
12-month period at a special election under the provisions of this article.
(Added by Stats. 1994, c. 920, §2.)
9219. Arguments for and against ordinance.
The persons filing an initiative petition pursuant to this article may file a
written argument in favor of the ordinance, and the legislative body may
submit an argument against the ordinance. Neither argument shall exceed
300 words in length, and both arguments shall be printed upon the same
sheet of paper and mailed to each voter with the sample ballot for the elec-
tion.
The following statement shall be printed on the front cover,or if none,on
the heading of the first page, of the printed arguments:
"Arguments in support of or in opposition to the proposed laws are the .
opinions of the authors."
Printed arguments submitted to voters in accordance with this section
shall be titled either "Argument In Favor Of Measure `or "Argument
Against Measure _ :' accordingly, the blank spaces being filled in only
with the letter or number,if any,which designates the measure.At the discre-
tion of the elections official, the word"Proposition" may be substituted for
the word"Measure"in the titles.Words used in the title shall not be counted
when determining the length of any argument.
(Added by Stats. 1994,c. 920,§2.)
9220. Rebuttal arguments.
(a) If the legislative body submits an argument against the ordinance,it
shall immediately send copies of the argument to the persons filing the initia-
tive petition.The persons filing the initiative petition may prepare and sub-
mit a rebuttal argument not exceeding 250 words.The legislative body may
prepare and submit a rebuttal to the argument in favor of the ordinance not
9220. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS
exceeding 250 words.The rebuttal arguments shall be filed with the elections
official not more than 10 days after the final date for filing direct arguments.
Rebuttal arguments shall be printed in the same manner as the direct argu-
ments.Each rebuttal argument shall immediately follow the direct argument
which it seeks to rebut.
(b)Subdivision(a)shall only apply if,not later than the day on which the
legislative body calls an election, the legislative body, by a majority vote,
approves its application;in which case,subdivision(a)shall apply at the next
ensuing municipal election and at each municipal election thereafter, unless
later repealed by the legislative body in accord with this subdivision.
(Added by Stats. 1994,c. 920,§2.)
9221. Conflicting ordinances.
If the provisions of two or more ordinances adopted at the same election
conflict, the ordinance receiving the highest number of affirmative votes
shall control.
(Added by Stats. 1994, c. 920,§2)
9222. Legislative body may submit proposed ordinance to voters.
The legislative body of the city may submit to the voters,without a peti-
tion therefor, a proposition for the repeal,amendment, or enactment of any
ordinance,to be voted upon at any succeeding regular or special city election,
and if the proposition submitted receives a majority of the votes cast on it at
the election, the ordinance shall be repealed, amended, or enacted accord-
ingly.A proposition maybe submitted,or a special election maybe called for
the purpose of voting on a proposition,by ordinance or resolution.
(Added by Stats. 1994,c. 920,§2.)
9223. Copy of ordinance made available to voter.
Whenever any ordinance or measure is required by this article to be sub-
mitted to the voters of a city at any election,the elections official of the legisla-
tive body shall cause the ordinance or measure to be printed. A copy of the
ordinance or measure shall be made available to any voter upon request.
(Added by Stats. 1994,c. 920, §2.)
9224. Enacting clause of ordinance.
The enacting clause of an ordinance submitted to the voters of a city shall
be substantially in the following form:
"The people of the City of do ordain as follows:".
(Added by Stats. 1994,c. 920,§2.)
9226. Scope of article.
This article does not apply to any statewide initiative measure.
(Added by Stats. 1994,c. 920,§2.)
Article 2.Referendum
9235. Date ordinance becomes effective.
No ordinance shall become effective until30 days from and after the date
of its final passage,except:
(a)An ordinance calling or otherwise relating to an election.
(b) An ordinance for the immediate preservation of the public peace,
health,or safety that contains a declaration of,and the facts constituting,its
urgency and is passed by a four-fifths vote of the city council.
(c) Ordinances relating to street improvement proceedings.
2001 OC A
,�pt11U6Ipy
OFFICE OF
CITY ATTORNEY
c��``�� P.O. Box 190
puNir
2000 Main Street Telephone
Gail Hutton Huntington Beach, California 92648 (714) 536-5555
City Attorney Fax (714) 374-1590
June 25, 2001
Mr. Chuck Scheid
8062 Ebbtide Circle S2
Huntington Beach, California 92646 z n�,�'?
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RE: RLS 2001-0424 (Related RLS 2001-0403) ai <
Your Proposed Utilities Tax Initiative Ordinance D %Tip
Dear Chuck: r� A
Thank you for your letter to me dated June 10, 2001 (copy attached as Exhibit 1).
Attached to this letter, as Exhibit 2, is a copy of state Elections Code Sections 9203 and
9204.
Special Counsel Robert J. Wheeler of my office prepared both the "Title" and
"Summary" (copy attached as Exhibit 3) concerning your proposed initiative ordinance.
The Title and Summary were then approved in form by Acting City Attorney Paul
D'Alessandro before they were submitted to City Clerk Connie Brockway, and mailed to
you. Both of these attorneys are experienced in election law issues.
Under Elections Code Section 9203(a), my office was obligated to prepare and submit to
Ms. Brockway both a"...title for and summary of the proposed measure". Section
9203(a) further states:
"...(T)he ballot title may differ from any other title of the
proposed measure and shall express in 500 words or less
the purpose of the proposed measure. In providing the
ballot title, the City Attorney shall give a true and impartial
statement of the purpose of the proposed measure in such
language that the ballot title shall neither be an argument,
nor be likely to create prejudice, for or against the proposed
measure." (Emphasis added.)
At your request, I have reviewed both the Title and Summary, as prepared by Mr.
Wheeler, and, in my opinion, both of these items meet the requirements of Section
9203(a). Both the Title and Summary appear to me to be informative, neutral in content,
non-argumentative, and non-prejudicial. Although Elections Code Section 9203(a) only
mentions a proposed measure's "title,"Mr. Wheeler drafted both the Title and Summary
to comply with Section 9203(a).
hutton/20011trs/scheid-utilities tax
Mr. Chuck Scheid
June 25, 2001
Page 2
In your June 1 Oth letter, you complain about the length of both the Title and Summary.
Under Elections Code 9203(a), a ballot title may not exceed 500 words. The Title, as
drafted by Mr. Wheeler, consists of 71 words. The Summary consists of 118 words.
This is well below the law's 500-word limit. I note that Section 9203(a) does not deal
with the issue of the length of a ballot's title and/or summary vis-a-vis the length of the
actual initiative ordinance itself.
For the reasons stated above, I am not willing or agreeable to making any changes in
either the Title or Summary that my office prepared. Both the Title and Summary are
clearly written, informative and impartial in content.
Under Elections Code § 9204, you, as the proponent of the proposed ballot initiative,
could file a legal action, seeking to have the Title or Summary amended. But, to prevail,
you would have to present clear and convincing evidence that the Title or Summary was
false, misleading or inconsistent with Section 9203. Although it would be presumptuous
for me to predict how a court might rule, Section 9204, in my opinion, would place a
difficult burden on you if you decided to file suit.
In conclusion, I do not feel that the language of the Title or Summary, as drafted by my
office, would be difficult or confusing for the citizens of Huntington Beach to
understand.
Thank you again for your June 1 Oth letter.
Very Truly Yours,
Gail Hutton
City Attorney
GCH/tb
cc(with exhibits): Honorable Mayor and
Members of the City Council
Ray Silver, City Administrator
Bill Workman,Assistant City Administrator
Connie Brockway, City Clerk
hutton/2001ltrs/scheid—utilities tax
EXHIBIT # 1
Chuck Scheid
8062 Ebbtide Circle
HuntBch, CA 92646
714-536-7077
10 June 2001
Gail Hutton, City Attorney
2000 Main Street
Huntington Beach, California 92648
Subject: Proposed Utility Tax Initiative
Dear Gail,
You recently provided me a Title and Summary for the subject initiative. I have
two concerns relative to that material.
First, I was surprised that the Summary you provided is actually considerably
longer than the text of the initiative itself. Second, the Title you provided is about
three-fourths as long as the text of the initiative. Together, the Title and Summary
are nearly twice as long as the proposed initiative.
Most initiatives that I have seen have quite short titles - 10 to 15 words - not a
title 71 words long. Indeed, the stated subject of your transmittal letter would
seem to say everything necessary "Initiative Ordinance to Reduce Utilities Users
Taxes from 5% to a Rate Not to Exceed 2%."
I would appreciate it if you would review the material you provided in light of the
above comments to determine if it would be reasonable to reduce the size of the
Title and Summary. It seems to me we should be trying to make things simple for
our citizens to understand, not iterating over and over the specific sections by
number and title of the Huntington Beach Municipal Code, and in the process
making the Title and Summary overly complex and lengthy.
At the very least, I would think that the Title could be made much shorter.
Sincerely yours,
G�
Chuck Sch Vd
EXHIBIT #2
§ 9203. Request for ballot title and summary-, preparation by city counsel; use of ballot title on
petition
(a) Any person who is interested in any proposed measure shall file a copy of the proposed measure
with the elections official with a request that a ballot title and summary be prepared. This request shall
be accompanied by the address of the person proposing the measure. The elections official shall
immediately transmit a copy of the proposed measure to the city attorney. Within 15 days after the
proposed measure is filed, the city attorney shall provide and return to the city elections official a ballot
title for and summary of the proposed measure. The ballot title may differ from any other title of the
proposed measure and shall express in 500 words or less the purpose of the proposed measure. In
providing the ballot title,the city attorney shall give a true and impartial statement of the purpose of the
proposed measure in such language that the ballot title shall neither be an argument, nor be likely to
create prejudice,for or against the proposed measure.
(b) The elections official shall furnish a copy of the ballot title and summary to the person filing the
proposed measure. The person proposing the measure shall, prior to its circulation, place upon each
section of the petition, above the text of the proposed measure and across the top of each page of the
petition on which signatures are to appear, in roman boldface type not smaller than 12 point, the ballot
title prepared by the city attorney. The text of the measure shall be orinted in type not smaller than 8
oLaL
The heading of the proposed measure shall be in substantially the following form:
Initiative Measure to be Submitted Directly to the
Voters
The city attorney has prepared the following*title and summary of the chief purpose and points of the
proposed measure:
(Here set forth the title and summary prepared by the city attorney. This title and summary must
also be printed across the top of each page of the petition whereon signatures are to appear.)
(Amended by Stats.1999,c.312(S.B.1208),§ 21.)
§ 9204. Writ of mandate to amend ballot title or summary
The proponent may seek a writ of mandate requiring the ballot title or summary prepared by the city
attorney to be amended. The court shall expedite hearing on the writ. A peremptory writ of mandate
shall be issued only upon clear and convincing proof that the ballot title or summary is false,misleading,
or inconsistent with the requirements of Section 9203.
EXHIBIT #3
TITLE
An initiative ordinance proposed by the voters of the
City of Huntington Beach, County of Orange, State
of California, amending Huntington Beach Municipal
Code Sections 3.36.020, 3.36.050, 3.36.070,
3.36.090 and 3.36.110 to reduce the utilities taxes
on the users of telephones, electricity, gas, water
and cable television, from the rate of five (5%)
percent of the charges made for such services to a
rate not more than two (2%) percent of the charges
made for such services.
SUMMARY
Under the provisions of Chapter 3.36 of the Huntington Beach Municipal Code
("HBMC"), the City of Huntington Beach presently levies a utilities tax on the users
of telephones (HBMC Section 3.36.020), electricity (HBMC Section 3.36.050), gas
(HBMC Section 3.36.070), water (HBMC Section 3.36.090) and cable television
(HBMC Section 3.36.110). These taxes are imposed at the rate of five percent
(5%) of the charges made for such services. This proposed initiative ordinance
would amend Sections 3.36.020, 3.36.050, 3.36.070, 3.36.090 and 3.36.110 to
reduce the tax to a rate not to exceed two percent (2%) of the charges made for
such services; and would further provide that the changes made to these
municipal code sections could not be later amended without voter approval.
Hutton/2001imemos%RLS 2001-0403 Ordinance to Reduce Utilities
i. CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
HUNUNGTON BEACH
TO: Gail Hutton, City Attorney
FROM: Connie Brockway, City Clerk (/13
DATE: May 25, 2001
RE: Notice of Intent to Circulate Petition Filed By Chuck Scheid
Pursuant to State Elections Code 9201
COPY: Ray Silver, City Administrator
Transmittted herewith is the original Notice of Intent to Circulate Petition,
accompanied by written text of the initiative, and a written statement not
exceeding 500 words, setting forth the'reasons for the proposed petition.
These documents were filed by Charles W. Scheid pursuant to S. 9202 of the
State Elections Code.
I am transmitting the above documents pursuant to S. 9203 of the State Elections
Code.
Pursuant to Elections Code S. 9203 please return, no later than June 6, 2001, a
ballot title for and summary of the proposed measure. I have attached the
appropriate 2001 State Elections Code sections for your use.
Attachments:
(1) Letter from Charles Scheid Requesting Ballot Title and
Summary of Proposed Measure
(2) Notice of Intent to Circulate Petition
(3) Written Text of Proposed Measure
(4) Chapter 3 Municipal Elections, Article 1 Initiative, P. # 248, 249,
250, 251, 252, 253, 254
Cbmemo/2000-2jc
HB CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: CONNIE BROCKWAY, City Clerk
FROM: GAIL HUTTON, City Attorney
DATE: June 6, 2001
SUBJECT: RLS 2001-0403
Proposed Initiative Ordinance to Reduce Utilities Users Taxes
From 5% to a Rate Not to Exceed 2%
Sponsor: Charles W. Scheid
Pursuant to your May 25, 2001 memorandum, and state Elections Code, 9203(a),
please find attached a proposed "Title" and "Summary" for the proposed initiative
ordinance, sponsored by Mr. Scheid.
Please contact me should you have any questions in this matter.
6/6 0�
A--GAIL HUTTON
City Attorney
Attachment as noted
cc: Ray Silver, City Administrator
Bill Workman, Assistant City Administrator
Mr. Charles W. Scheid =
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Hutton/2001/memos/RLS 2001-0403 Ordinance to Reduce Utilities
t , CITY OF HUNTINGTON BEACH
V" 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
June 6, 2001
Mr. Charles Scheid
8062 Ebbtide Circle
Huntington Beach, CA 92646
Re: Ballot Title and Summary Prepared by the City Attorney Pursuant to the Notice of
Intent to Circulate Petition and Initiative Measure You Filed on May 22, 2001 with the
City Clerk's Office
Dear Mr. Scheid:
Please find attached, pursuant to Elections Code §9203, the Ballot Title and Summary
prepared by the City Attorney relative to the above-referenced subject.
Sincerely,
Connie Brockway
City Clerk
Enclosure: Ballot Title and Summary
CB:Ie
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g1cbmemos/cbmem200 1/Chuck Scheid Election Letter-le
(Telephone:714-536-5227)
REi;Li VC
CITY CLERK
CITY OF
22 May 2001 HUNTINGTON BEACH, CA
2001 MAY 22 AIk I �
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: City Clerk
Subject: Initiative Measure to be Submitted to Voters
Dear Ms. Brockway,
Please find enclosed an Initiative Measure and a Notice of Intent to Circulate
Petition. Please transmit the Initiative Measure to the City Attorney for Title and
Summary pursuant to Elections Code Section 9203.
1 am the proponent of the measure and am a registered voter within the City of
Huntington Beach. If you have any questions please do not hesitate to call me.
Sincerely yours,
Charles W. Tcheid
8062 Ebbtide Circle
Huntington Beach, CA 92646
(714) 536-7077
Enclosures: Initiative Measure
Notice of Intent to Circulate Petition
NOTICE OF INTENT TO CIRCULATE PETITION
Notice is hereby given by the person whose name appears hereon of his
intention to circulate a petition within the City of Huntington Beach for the
purpose of reducing the City's Utility Tax from its present rate of five percent
(5%) to a rate of not to exceed two percent (2%). A statement of the reasons for
the proposed action as contemplated in the petition is as follows:
1. The utility tax was originally put in place to finance construction of the Civic
Center, the Central Library and several fire stations, as well as pay all future
costs for trash collection. All debts were paid off long ago. In addition, in 1988 a
separate fee was put in place for trash collection. As a consequence, a large
part, if not all, of the utility tax should have been rescinded years ago.
2. The hugely escalating costs of gas and electricity are resulting in sharply
higher utility bills and, consequently, much higher utility taxes. The citizens
should not be required to provide the City with a "windfall" of additional utility tax
revenue in addition to bearing the burden of the higher bills.
Charles W. Scheid, Proponent 8062 Ebbtide Circle
Huntington Beach, CA 92646
Enclosure to letter to City Clerk, dated 22 May 2001, Initiative Measure to be
Submitted to Voters
INITIATIVE MEASURE
The people of the City of Huntington Beach ordain as follows:
1. In Chapter 3.36 Utilities Tax, of the City of Huntington Beach Municipal Code,
Sections 3.36.020 Telephone tax--Imposed; 3.36.050 Electricity tax; 3.36.070
Gas tax--Imposed; 3.36.090 Water tax--Imposed; and 3.36.110 Cable Television
Users Tax shall each be amended as follows:
In the sentence starting "The tax imposed by this Section shall be at the rate of
five percent (5%) ....."
the phrase "at the rate of five percent (5%)" shall be deleted and replaced
with the phrase "no more than two percent (2%)"
2. This measure may not be amended except upon voter approval.
Enclosure to letter to City Clerk, dated 22 May 2001, Initiative Measure to be
Submitted to Voters
TITLE
An initiative ordinance proposed by the voters of the
City of Huntington Beach, County of Orange, State
of California, amending Huntington Beach Municipal
Code Sections 3.36.020, 3.36.050, 3.36.070,
3.36.090 and 3.36.110 to reduce the utilities taxes
on the users of telephones, electricity, gas, water
and cable television, from the rate of five (5%)
percent of the charges made for such services to a
rate not more than two (2%) percent of the charges
made for such services.
SUMMARY
Under the provisions of Chapter 3.36 of the Huntington Beach Municipal Code
("HBMC"), the City of Huntington Beach presently levies a utilities tax on the users
of telephones (HBMC Section 3.36.020), electricity (HBMC Section 3.36.050), gas
(HBMC Section 3.36.070), water (HBMC Section 3.36.090) and cable television
(HBMC Section 3.36.110). These taxes are imposed at the rate of five percent
(5%) of the charges made for such services. This proposed initiative ordinance
would amend Sections 3.36.020, 3.36.050, 3.36.070, 3.36.090 and 3.36.110 to
reduce the tax to a rate not to exceed two percent (2%) of the charges made for
such services; and would further provide that the changes made to these
municipal code sections could not be later amended without voter approval.
J _
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Hutton/2001/memos/RL.S 2001-0403 Ordinance to Reduce Utilities
=?G Orchid PHONE NO. Jun. 06 2001 05:03PM P1
DATE: 6 June 2001
TO: City Clerk
FROM: Chuck Scheid
SUBJECT: Utility Tax Initiative Title and Summary
Per our conversation around 4:30 p.m. today please FAX me the Utility Tax Initiative
Title and Summary as prepared by the City Attorney. I will pick up the hard copy at your
office sometime tomorrow.
Sincerely yours,
e-i444
Chuck Schei
Phone and FAX No, 714-536-7077
REi;DVED
CITY CLERK
CITY OF
22 May 2001 HUNTINGTON BEACH, CA
2001 MAY 22 A II: 1 1
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attention: City Clerk
Subject: Initiative Measure to be Submitted to Voters
Dear Ms. Brockway,
Please find enclosed an Initiative Measure and a Notice of Intent to Circulate
Petition. Please transmit the Initiative Measure to the City Attorney for Title and
Summary pursuant to Elections Code Section 9203.
I am the proponent of the measure and am a registered voter within the City of
Huntington Beach. If you have any questions please do not hesitate to call me.
Sincerely yours,
Charles W. Sbheid
8062 Ebbtide Circle
Huntington Beach, CA 92646
(714) 536-7077
Enclosures: Initiative Measure
Notice of Intent to Circulate Petition
t t
NOTICE OF INTENT TO CIRCULATE PETITION
Notice is hereby given by the person whose name appears hereon of his
intention to circulate a petition within the City of Huntington Beach for the
purpose of reducing the City's Utility Tax from its present rate of five percent
(5%) to a rate of not to exceed two percent (2%). A statement of the reasons for
the proposed action as contemplated in the petition is as follows:
1. The utility tax was originally put in place to finance construction of the Civic
Center, the Central Library and several fire stations, as well as pay all future
costs for trash collection. All debts were paid off long ago. In addition, in 1988 a
separate fee was put in place for trash collection. As a consequence, a large
part, if not all, of the utility tax should have been rescinded years ago.
2. The hugely escalating costs of gas and electricity are resulting in sharply
higher utility bills and, consequently, much higher utility taxes. The citizens
should not be required to provide the City with a "windfall" of additional utility tax
revenue in addition to bearing the burden of the higher bills.
Charles W. Scheid, Proponent 8062 Ebbtide Circle
Huntington Beach, CA 92646
Enclosure to letter to City Clerk, dated 22 May 2001, Initiative Measure to be
Submitted to Voters
I 2
V
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
HUNTLYGTOY BEACH
` MAY 2 5 2001
TO: Gail Hutton, City Attorney
FROM: Connie Brockway, City Clerk
DATE: May 25, 2001
RE: Notice of Intent to Circulate Petition Filed By Chuck Scheid
Pursuant to State Elections Code 9201
COPY: Ray Silver, City Administrator ✓
Transmittted herewith is the original Notice of Intent to Circulate Petition,
accompanied by written text of the initiative, and a written statement not
exceeding 500 words, setting forth the reasons for the proposed petition.
These documents were filed by Charles W. Scheid pursuant to S. 9202 of the
State Elections Code.
am transmitting the above documents pursuant to S. 9203 of the State Elections
Code.
Pursuant to Elections Code S. 9203 please return, no later than June 6, 2001, a
ballot title for and summary of the proposed measure. I have attached the
appropriate 2001 State Elections Code sections for your use.
Attachments:
(1) Letter from Charles Scheid Requesting Ballot Title and
Summary of Proposed Measure
(2) Notice of Intent to Circulate Petition
(3) Written Text of Proposed Measure
(4) Chapter 3 Municipal Elections, Article 1 Initiative, P. #248, 249,
250, 251, 252, 253, 254
Cbmemo/2000-2jc