HomeMy WebLinkAboutNovember 6, 1973 - Special Election - Proposed Amendments to I
A-B-C
HUNTINGTON-BEACH.
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PROPOSED AMENDMENTS TO THE CHARTER
OF THE CITY OF HUNTINGTON BEACH,-CALIFORNIA
AND
ARGUMENTS FOR AND AGAINST CITY .MEASURES
TO BE SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION
i. CONSOLIDATED WITH THE STATEWIDE SPECIAL ELECTION
NOVEMBER 6, 1973
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' ALICIA WENTWORTH
CITY CLERK
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PROPOSED CHARTER AMENDMENT: City
Charter Sections 500, 501, 503, 703 and 707 Y"JES
A shall be amended to provide that the position
of City Attorney shall be appointed by the City
Administrator subject to the approval of the
City Council.
New provisions or language added to the Charter or to existing charter sections are
shown in BLACK-FACED TYPE: Words and figures deleted from the Charter or from
existing charter sections are shown in StFiiisew Type.
PROPOSED CHARTER AMENDMENT A
Sections 500, 501 and 503 of the Charter of the City of
Huntington Beach are hereby amended by deleting all references
to the City Attorney, and by amending Sections 703 and 707 to
read as follows:
I Section 500. CITY COUNCIL, A TTl1RNE)" CLERK AND
TREASURER. TERMS. The elective officers of the City shall con-
sist of a City Council of seven members, a City Clerk; and a City
-a Treasurer *4*4P4-y-fie},all to be,elected from the City at large
at the times and in the manner provided in this Charter and who shall
serve for terms of four years and until their respective successors
qualify.
Subject to the provisions of this Charter, the five members of
the City Council in office' at the time this Charter takes effect shall
continue in office until the expiration of their respective terms and
until their successors are elected and qualified, and shall constitute
the City Council until two additional members are elected as herein-
after provided. Four members of the City Council shall be elected ,
at the general municipal election held in April, 1966, and each
fourth year thereafter. Three members of the City Council shall be
elected at the general municipal election held in April, 1968, and
each fourth year thereafter.
In the event this Charter shall not take effect in time to elect
four members of the City Council at the general municipal election
held in April, 1966, and only two members of the City Council are
then elected, a special election shall be called and held not less than
60 nor more than 90 days after the effective date of this Charter to
elect two additional members of the City Council for the remainder
of the terms expiring in April, 1970.
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Subje� �b the provisions of this Charter,the CiV Jerk;and City Section IC"13. CITY ATTORNEY. POWERS
Treasurer aed JP 3` tier-ne`r' in office at the time this Charter takes �e�eeax}e aed eligible€er�y e�ey�e per-se�elected
effect shall continue in office until the expiration of their respective er$PPOilit0d ShAl lie-H* et lam,4+4y 46e as seek HHEI OF
terms and the qualification of their successors.,. A City Clerk and -fke 4&w-s e€ eke rte of � ' sl3all#awe l3ee
City Treasurer shall be elected at the general municipal election held i +ke pfaetiee e€4&w-ii+ €ef-a-t-lei wee y eaf 9 P46+00 lii,,-
in April, 1968, and each fourth year thereafter. 4494-�L er-ney eleetiee er ap "Tke�}� +ke pewee
43a d � mil, 4-�; -eael� h Y of thcwRiAer. 43e�t$
The term of each member of the City Council, the City Clerk; (1) Minimum Qualifications. To be.eligible for appointment
and the City Treasurer -H+444e-C4y Attei:Rey shall commence on the as City Attorney, the person appointed shall be a member of the
first Tuesday following his election. Ties in voting among candi- California State Bar for five (5) years preceding such appointment.
dates for office shall be settled by the casting of lots. ( (2) Primary Function. The City Attorney is the city's chief
Section 501. ELIGIBILITY. No person shall be eligible.to hold legal officer; represents and advises the City Council and all city
office as a member of the City Council,£" ney, City Clerk or officers in legal matters; supervises, directs and is responsible for all
City Treasurer unless he is and shall have been a resident and activities of the City Attorney's office.
registered voter of the City for at least two.years next preceding (3) Principal Duties and Responsibilities.
the date of his election or appointment. (a) To represent and advise the City Council and all city
Section 503. VACANCIES. A vacancy in the City Council, or I officers in all matters of law pertaining to their offices.
City Clerk; or City Treasurer,-of Attor-ney; from whatever cause 4-44 4esoi-lite, -GI+ hw pl 4 44e, people " 3Fof -R4
arising, shall be filled by appointment by the City Council, such eases afising vice-4 pfavisions-. C-}4jift -ef-
appointee to hold office until the first Tuesday following the next 4Gi-ty k Statea ae+ke 4P4y -htts-+#e
general municipal election and until his successor qualifies. At the i t fie-pres@e�4@, uHless visa provided l,)A 44+e
next general municipal election following any vacancy, a successor (b) Attends all regular meetings of the City Council;consults
shall be elected to serve for the remainder of any unexpired term, if and gives legal advice or opinion orally-or in writing when requested
any. As used in this paragraph, the next general municipal election by the City Council, commissions, boards and officers of the city.
shall mean the next such election at which it is possible to place
the matter on the ballot and elect a successor. -aad appear- €er toe
or- all "
If a member of the City Council absents himself from all of
pfeeeedings 4+ wk # eke -(� t 4s eeReefned ee is paw, -ar
regular meetings of the City Council for.a period of thirty days �^ €et 444-Y-C4ty PfAGR e ""�s'eO of �OFFAOF
!, consecutively from and after the last regular City Council meeting r BFefflpleyee, �n &ff�t of fl4 ei,,4 aegis at preeeeding itt
attended by such member, unless by permission of the City Council high -st" effiee er etiipleyee erOtt tom`for ftt+Y ae+
expressed in its.official minutes, or is convicted of a crime involving iir-iSiRg eel- -4"kfs @R4P!9�444@1#-04: 4 men of 144 pffipi,ij Gaqaeit3`
moral turpitude, or ceases to be an elector of the City, his office (c) Prosecutes on behalf of the people any or all criminal
shall become vacant. The City Council shall declare the existence cases arising from violation of the provisions of the city Charter or
of any such vacancy. city ordinances and such state misdemeanors as the city has power to
In the event it shall-fail to fill a vacancy by appointment within prosecute, unless otherwise provided by the City Council.
sixty days after such office shall become vacant, the City Council 44 Att@ndall r-@gu!4 cgs 4 4444 sil;.=,•ass
shall forthwith cause an election to be held to fill such vacancy for exeesed,-a+4 g4ue l}is advieeef epinien e of ie wfiting whenever
the remainder of the unexpired term. fegeest El. to e}e se 4y 44}e�Y nsil-of 4+3` aey e€�4e l3eafs sr
e€€ieefs of 4-he —(t}�.
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(d) �ppears in trial and appellate courts'erJministrative (n) ('�orms other such legal duties consistent �ith the city
boards and agencies; and in actions or proceedings in which the city i Charter as may be required of him by the City Council.
is concerned or is a party.
(4) The, elective incumbent whose office is made appointive
{�} €ems of a seta t� la a I under this Charter amendment shall continue to hold the office of
a� wSu aeee g Ie 14A@_�; @i4deFsii4g 44s. a eval t#ef:eem 41+ City, Attorney subject.to the provisions of this Charter, but his
compensation rights, retirement status, and other employment rights
(e) Directs legal research and submits written legal opinions or privileges'shall not be deemed to be' changed, altered, or affected '
to the City Council, elected officials, the City Administrator, depart- in any.way by the adoption of this Charter amendment as long as he
ment heads and city boards, commissions and local government holds such office.
agencies. (5) The City Attorney'is included with full-time, permanent
(f) Prepares any and all proposed ordinances and City Coun- status in the personnel system and competitive service of the City of
cil resolutions and amendments thereto. Huntington Beach.
44 Devote s�sk 4w,e 44444 Mies.4 4+i- 44,ise a*4 a4 T-4e -City Cobineil s e8litr-al Of -ag tegO lausite9 ate
f;g attd al} py-e er-", 4 44e 4ega4 motet + ate
empl•ey e44er to as 614arge 4-of 68+1tf:aGt€er ate
(g) Drafts proposed legislation, ordinances, resolutions, �4igEttio erg matters-ef T
amendments thereto, and proceedings for issuance of general obli-
gation and revenue bonds. Section 707. DIRECTOR OF PUBLIC WORKS. _ PLANNING
444 12- @49Fffi 4u-e4 4ega4 �uiwtions*144 cut ies jiwideRt .te 44e. DIRECTOR, POLICE CHIEF. FIRE CHIEF. CITY ATTORNEY.
&Eeeutia; 444e � I The Director of Public Works the Planning Director, the -Police
€aregeit�•��as ' be t3eeessar�`• � g
Chief, .� the Fire Chief and the City Attorney shall be the heads
(h) Drafts contracts, joint powers agreements and other
legal documents. I of their respective departments, and these departments shall continue
and remain separate departments.
{-i} te- 7k4 saf: iH4 {peels papefs €ites at
Ei8ekiffl(ffltS PeFtftiHiHg to 44+e £4y4 ads:
(i) Drafts pleadings and responsive pleadings in the com-
mencement and prosecution of civil litigation in all trial and appellate
courts.
0) Represents and appears-for the city in any or all actions
or proceedings in which the city is concerned or is a party, and
represents and appears for any city officer or employee, or former
city officer or employee, in any or all civil actions or proceedings in
which such officer or employee is concerned or is a party for any act
arising out of his'employment or by reason of his official capacity.
(k) Reviews for legality the sale or purchase of property.
(1) Approves the form of all contracts, bonds and insurance
in which the city 'or any officer or employee thereof, as such, is
concerned, by endorsing his approval thereon in writing.
(m) Performs such legal functions and duties incident to the
execution of the foregoing duties as may be necessary.
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Subjects)the provisions of this Charter, the—C( City
PROPOSED CHARTER AMENDMENT: City Treasurer and City Attorney in office at the time this Charter takes
Charter Sections 500, 501, 502, 503, 704, and YES effect shall continue in office until the expiration of their respective
B 707 shall be amended to provide that the posi- terms and the qualification of their successors. A-C-4y Oler-)i 4i4
tion of City Clerk shall be appointed by the City City Treasurer shall be elected at the general municipal election held
Administrator subject to. the approval. of the NO in April, 1968, and each fourth year thereafter. A City'Attorney
City Council. shall be elected in April, 1966, and each fourth year thereafter.
The term of each member of the City Council,4#eAW-i (40fk;
New provisions or language added to the Charter or to existing charter sections are the City Treasurer and the City Attorney shall commence On the
shown in BLACK-FACED TYPE: Words and figures deleted from the Charter or from first Tuesday following his election.. Ties in voting among candi-
existing charter sections are shown in-S4+4�Type. dates for office shall be settled by the casting of lots.
PROPOSED CHARTER AMENDMENT B I Section 501. ELIGIBILITY. No person shall be eligible to hold
office as a member of the City Council, City Attorney, k or
Sections 500, 501, 502 and 503 of the Charter of the City of City Treasurer unless he is and shall have been a resident and
Huntington Beach are hereby amended by deleting all references to registered voter of the City for at least two years next preceding
the City Clerk, and by amending Sections 704 and 707 to read as follows: the date of his election or appointment.
Section 502. COMPENSATION. The members of the City
Section 500. CITY COUNCIL, ATTORNEY, C-6ERV, AND ! Council including the Mayor shall receive as compensation for their
TREASURER. TERMS. The elective officers of the City shall con'- services as such a monthly salary .in the sum of One Hundred
list of a City Council of seven members,4C-4-y #,a City Treasurer ! Seventy-Five Dollars per-month. In addition, each member of the
and a City Attorney, all to be elected from the City at large at the City Council shall receive reimbursement on order of the City
times and in the manner provided in this Charter and,who shall Council for Council authorized traveling and other expenses when
serve for terms Of four years and until their respective successors on official duty upon submission of itemized expense account there-
qualify. for. In addition, members shall receive such reasonable and adequate
Subject to the provisions of this Charter, the five members of amount as may be established by ordinance, which amount shall be
the City Council in office at the time this Charter takes effect shall deemed to be reimbursement to them of other routine and ordinary
continue in office until the expiration of their respective terms and i expenses, losses and ,costs imposed upon them by virtue of their
until their successors'are elected and qualified, and shall constitute serving as City Councilmen.
the City Council until two additional members are elected as herein- The me-00er# City Treasurer shall eaph receive a compen-
after provided. Four members of the City Council shall be elected cation for them his services-as such to be fixed by ordinance, which
at the general municipal election held in April,' 1966, and each I compensation for such services shall not be'inereased or diminished
fourth year thereafter. .Three members of the City Council shall be after tkeir- his election or during their. his respective terms of office.
elected at the general municipal election held in April, 1968, and.
each fourth year thereafter. Section 503. VACANCIES: A vacancy in the City Council, or
C-i t Clerk, City Treasurer or City Attorney, from whatever cause
In the event this Charter shall not take effect in time to elect arising, shall be filled by appointment by the City Council, such
four members of the City Council at the general municipal election appointee ,to hold office until the first Tuesday following the next
held in April, 1966, and only two members of the City Council are general municipal election and until his successor qualifies. At the
then elected,'a special election shall be called and held not less than next general municipal election following any vacancy, a successor
60 nor more than 90 days after the effective date Of this Charter to shall be'elected to serve for the remainder of any unexpired term, if
elect two additional members of the City Council for the remainder any. As used in this,paragraph, the next general municipal election
of the terms expiring in April, 1970.
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shall meat le next such election at which it is to place (c) ,. �intains separate records of all writter�ntracts and
the matter on the ballot and elect a successor. ` official bon s.'
If a member of the City Council absents himself from all I (d) Keeps all books and records in-his possession properly
regular meetings of the City Council fora period of thirty days indexed and open to public inspection when not in actual use.
consecutively from and after the last regular City Council meeting (e) -13e 44e. Acts as custodian of the city Seal. 44��
attended by such member, unless by permission of the City Council
expressed in,its official minutes, or is convicted of a crime involving (f) Administers oaths or affirmations, takes affidavits and
depositions pertaining to the affairs and business of the ,city and
moral turpitude, or ceases to be an elector of the City, his office
shall become vacant. The City Council shall declare the existence 3�certifies copies of official records. Issue subpoenas compelling
of any such vacancy. the attendance of witnesses at city administrative hearings. .
In the event it shall fail to fill a vacancy by appointment within (g) 4�-_ Acts as ex-officio Assessor, unless the City Council
has availed itself, or does in the future avail itself, of the provisions
sixty days after such office shall become vacant, the City Council
shall forthwith cause an election to be held to fill such vacancy for of the general laws of the state relative to the assessment of property
the remainder of the unexpired term.
and the collection of city taxes by county officers, or unless the City
Council by ordinance provides otherwise.
Section 704. CITY CLERK. "^`� AND nT TWS. Tzke (h) W,we"''ter""4 Conducts all city elections-which includes
-C- £erg-S t ler*e+ke Pew@ 4R4 4+a foquir-ed 4-6,.� providing for polling places and advising candidates of the require-
Attend -a4 FA@etingae€44+e 44y GeHneil, ,,l meats of state election laws.
a++d -be r-espeRsiWe 4e+ 44a f�eef diRg .4-a aA4 { Pe4ar-m sttek-ether duties eensisteiit W44 �1ta as
#tre d -4-a4 4+4e PFOSO@difigs -of 44e-F.-i eil 4 kbeeks way 4& r-@qwir-@EJ A+y Ar4ipwnpio e+
s 44le-ate 43e &veted 4e sw_k (i) Interprets City Council and administrative policies and
(1 ) Minimum Qualifications. To be eligible for, appointment ; procedures to the public and city employees.
as City Clerk, the person appointed shall have a thorough knowledge (j) 'Performs other duties consistent with the city.Charter
of office administration and management. as may be required by ordinance or resolution of the City Council.
(2) Primary Function. The City Clerk is responsible for re- (k) Performs other related duties.
cording and maintaining a full and true record of all proceedings of
the City Council in books that shall bear appropriate titles and be (4) The elective incumbent whose office is made appointive
devoted to such purpose. Conducts annexations and city elections. under this Charter amendment shall continue to hold the office of
Administers oaths and takes affidavits and depositions pertaining to City Clerk subject to the provisions of this Charter, but his compen-
the affairs and business of the city. i sation rights, retirement status, and other employment rights or
(3) Principal Duties and Responsibilities. privileges shall not be deemed to-be changed, altered, or affected in
.(a) Prepares minutes for each City Council meeting and any way by the adoption of this Charter amendment as long as he
certifies to their authenticity and correctness. holds such office.
(b) Maintains separate books, in which shall be recorded (5) The City Clerk is included with full-time, permanent status
respectively all ordinances and resolutions, with the certificate of the in the personnel system � and competitive service of. the City ofHuntington Beach.
Clerk annexed to each thereof stating the same to be the original or
a corrected copy, and as to an ordinance requiring publication,stating 44+e4P4ty C-19 kFARySWJ�?pt 4.e t e RPPFON'R!-Of 44+e C-4y
that the same has been published or posted in 'accordance with the sugh Elepu4,-of Eleputies 4oassist 444 of ast lit at
Charter. . I salaries of ee ion t4+e Getineif 4y "ref reselu
pr-@ser-ibe.
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Sectic ,�07. DIRECTOR OF PUBLIC WORK�jjPLANNING .
DIRECTOk'O POLICE CHIEF. FIRE CHIEF. CITY-CLERK. The PRO OSED CHARTER AMENDMENT: City
Director of Public .Works, the Planning Director, the Police Chief, � . YES
Charter Sections 500, 501, 502, 503,705 and
ai4 the Fire .Chief acid•the City Clerk shall be the heads of their 707 shall be amended to provide that.the p6si-
respective depaytments,. and these departments shall continue and C
i tion of City Treasurer shall be appointed by the,reman separate departments.
City Administrator subject to the approval of_ NO
the City Council.
New provisions or language added to the Charter or to existing charter sections are
• ( shown in BLACK-FACED TYPE: -Words and figures deleted from the Charter or from
existing charter sections are shown in Soikeew Type.
PROPOSED CHARTER AMENDMENT C
Sections 500, 501, 502 and 503 of the Charter of the City of
Huntington Beach are hereby amended by deleting all references to
the City Treasurer, and by amending Sections 705 and 707 to read,
as follows:
Section 500. CITY COUNCIL, ATTORNEY, AND CLERK.
AND . TERMS. The elective officers of the City shall
consist of a City Council of seven members, a City Clerk, a-
Tf er and a City Attorney,all to be elected from the City at large
at the times and in the manner provided in this Charter and who shall
serve for terms of four years and until their respective successors
qualify.
Subject to the provisions of this Charter, the five members of
the City Council in office at the time this Charter takes effect shall
continue in office until the expiration of their respective terms and
until their successors are elected and qualified, and shall constitute
the City.Council until two additional members are elected as herein-
after provided. Four members of the City Council shall be elected
at the general municipal election held in April, 1966, and each
fourth year thereafter. Three members of the City Council shall be
elected at the general municipal election held in April, 1968, and
each fourth year thereafter.
In the event this Charter shall not take effect in time.to elect
four members of the City Council at .the general municipal election
held in April, 1966, and only two members of the City Council are
then elected, a special election shall be called and held not less than
60 nor more than 90 days after the effective date of this Charter to
elect two additional members of the City Council for the remainder
of the terms expiring in April, 1970.
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Subje 'ouo the provisions of this Charter, the e`,�p Clerk,C4y, any. As u�i �in this paragraph, the next general mt ipal election
ai2City Attorney in office at the time th Charter takes shall mean one next such election at which it is po.,,ible to place
effect shall continue in office until the expiration of their respective the matter on the ballot and elect a successor.
terms and the qualification of their successors. A City Clerk � If a member of the City Council absents himself from all
shall be elected at the general municipal election held
in. April, 1968 and each fourth regular meetings of the City Council for a period of thirty days
p year thereafter. A City Attorney consecutively from and after the last regular City Council meeting
shall be elected in April, 1966, and each fourth year thereafter. attended by such member, unless by permission of the City Council
The term of each member of the .City Council, the City Clerk; expressed in its official minutes, or is convicted of a crime involving
4he 4P4-y and the City Attorney shall commence on the moral turpitude, or ceases to be an elector of the City, his office
first Tuesday following his election. Ties in voting among candi- shall become vacant. The City Council shall. declare the existence
dates for office shall be settled by the casting of lots. of any such vacancy.
In the event it shall fail to fill a vacancy by appointment within
Section 501. ELIGIBILITY. No person shall be eligible to hold
office as a member of the City.Council, City Attorney;or City Clerk sixty days after such office shall become vacant, the City Council
shall forthwith cause an�election to be held to fill such vacancy for
E �� unless he is and shall have been a resident and
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the remainder of the unexpired term.
registered voter of the City .for at least.two years next_ preceding c
the date of his election or appointment. Section 705. CITY TREASURER. -„r,�„�E-„T n744:iLS
94,- i3e weE t
Section 502. COMPENSATION. The members of the City (1) Minimum Qualifications. To be eligible for appointment 'o
Council including the Mayor shall receive as compensation for their as City Treasurer, the person appointed shall have a degree with a
services as such a monthly salary in the sum of One Hundred major in finance or accounting, and five (5) years of experience in
Seventy-Five Dollars per month. In addition, each member of the an accounting, auditing or finance- position, including investment
City Council shall receive reimbursement on order of the City experience, and,must be bondable.
Council for Council authorized traveling and other expenses when ' (2) primary Function. The City Treasurer is responsible for
on official duty upon submission of itemized expense account there-
for. In addition, members shall receive such reasonable and adequate the receipt, custody and investment of all public funds under the
amount as may be established by ordinance, which amount shall be control of the city.
deemed to be reimbursement to them of other routine and ordinary (3) Principal Duties and Responsibilities.
expenses, losses and costs imposed upon them by virtue of their (a) Receives on behalf of the City all taxes, assessments,
serving as City Councilmen. !� license fees and other revenue `e€44e 4-4�-,of#=ef 444-e "e'�ieii -4
The City Clerk a £ { shall ee 4+receive a compen- Wiliel 41+(-4Pft-�` e,44 tWieS18+ E41i'
sation for his'services as such to be fixed by ordinance, which 4y 44+e -C� 41-e- C-9'414Y -StHte e} i
compensation for such serviceFshall not be increased or diminished 144ent e* 40444 4+1-y --44r- 4P444 *R-y-4468 dePRAFAelit e y
after their his election or during them his respective terms of office. -4 e4+e-C443- from whatever source, and all monies collected for the
use of the city or coming into the hands of any officer of the city.
Section 503. VACANCIES. A vacancy in the City Council, or 14,4;,p 4;4H -,4e 411441; ,-�gift to
City Clerk-4P easer-er- or City Attorney, from whatever cause of E"�fie}.4 44+e C44y-e vm ^' ,&f ftge!ie -4
arising, shall be filled by appointment by the City Council, such _C_ y ge*ey_Hffl@,j-ajj4 deposit e+ eaRse l:e he depeq4ed -a44 4wds
appointee to hold office until the first Tuesday following the next 43e �
-iHte his-kts �t Otte#ftE�}�
general municipal election and until his.successor qualifies. At ther-ese -4e4+e4P4+�-Fetineil;ems,-tf-ee sty-4re4aitttian 4e#4af4t,4:
next general municipal election following any vacancy, a successor 444-sew depositery El@sigi4ated .4. wf:4ii49 4�, 44c-C-4�L, AfAniitiis
shall be elected to serve for the remainder of any unexpired term, if Strate�-ate 44-4 44+e PFEWiSi8liS -4 +61e- Stftte
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Pls e€ e e tyre ;, i City Treasi � subject to the provisions of this C ter, but his
a ipobli ems- compensation rights, retirement status, and other employment rights
(b) 'The`'Treasiirer is responsible for�the safekeeping of funds or privileges shall not be deemed to be changed, altered, or affected
,.,, in any way by the adoption of this Charter amendment as long as he
in his custody'•and°shall enter into any contract with a depository •
which in his judgment is to the public advantage. holds such office.
(c) Pays'out`moneys only upon`proper order's or warrants in
1 (5) The City Treasurer is included with full-time, permanent
the manner provided 'for in this Charter. I status in the personnel system and competitive service of the City of
Huntington Beach.
(d) Prepares and submits to the Director of Finance monthly +e 44e�-of� C4y-
written reports"of"all receipts, disbursements and fund balances, and eke `
F- . . Getmei°l,pelt s" er deputies 4.& l4r er aet€ff 1 ,
shall file.copies'of such reports with the City Administrator and the �9� ash C-011 ffa34�&91;dipHisp OF
City Council.::,:
reset ie essr-iba
H des ems makere& Section 707. DIRECTOR OF PUBLIC WORKS. PLANNING
�a3tbeeieekeCEeil DIRECTOR. POLICE CHIEF. FIRE CHIEF. CITY TREASURER.
(e) The Treasurer shall determine the amounts of money to The Director of Public Works,.the Planning Director, the Police Chief,
be,deposited as inactive and active-deposits,. except as otherwise 4w4 the Fire Chief and the City Treasurer shall be the heads of their
provided. respective departments, and these departments shall continue and
® (f) The Treasurer, by City,Council authority,.shall assume remain separate departments.
full responsibility for the investment of surplus money in the treasury '1
and shall make a monthly report of such transaction to the legislative I
body. I
(g) The law imposes upon the Treasurer the obligation to
maintain all special assessment records and to receive and disburse
all funds as trustee for the bondholders.
(h) Responsible for the appropriate distribution of all pay-
roll and warrant checks..
(i) Requires extensive analysis of future cash requirements
and forecasts investments to meet these requirements. .
(j) Analyzes and evaluates appropriate investment ventures
for city funds, consistent with applicable law.
(k) Provides detailed reports on the status of investments.
(1)" Performs economic research and.studies rates of return,
working capital and investments.
(m) . Requires extensive knowledge of money markets.
(n) Must be knowledgeable as to legal limitations regarding
investment of public funds.
(o) Performs other related duties.
(4) The elective incumbent whose office is made appointive
under this Charter amendment shall 'continue to hold the office of
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�P p� PROPOSITION "A"
ARGUMENT FOR CHARTER AMENDMENT TO MAKE
THE POSITION OF CITY ATTORNEY APPOINTIVE
Presently, the City Attorney is elected, and must have been a
resident and registered voter of the city for two years. He may be
removed only by recall. The amendment will allow the City Admini-
strator, subject to the approval of the elected City Council, to
appoint the City Attorney from qualified candidates recruited state-
wide. He would serve until dismissed for cause.
A large city, such as Huntington Beach, encounters numerous
ARGUMENTS FOR AND AGAINST CITY MEASURES legal complexities requiring expert legal counsel. Our city requires a
qualified, Rill-time lawyer as City Attorney.
The following arguments for and against the city measures to Applicants, recruited state-wide, can best be evaluated through
be 'submitted at the special municipal election consolidated with the competitive examinations and interviews. Elected City Attorneys
Statewide Special Election to be held in the City of Huntington are not subject to such examinations or interviews, and, may not
Beach, California, on Tuesday, November 6, 1973, have been filed devote full time to the City's legal business.
with the City Clerk pursuant to Article 4, Chapter 3, Division 4 The amendment will create safeguards to protect you. The
(Sections 5010 to 5014, inclusive) of the Elections Code of the City Attorney will be able to devote full time-to his legal responsi-
St ate of California. bilities. Your affirmative vote will insure that the City need not
risk incompetence and indifference.
The foregoing argument is not intended to reflect upon the
' incumbent.
VOTE "YES"
CITIZENS CHARTER REVISION COMMITTEE
BY: T. BRIAN PARKINSON, CHAIRMAN
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN —
` HUNTINGTON BEACH
BY: SHIRLEY A. KERINS, PRESIDENT
HUNTINGTON BEACH CITY COUNCIL
BY: JERRY A. MATNEY, MAYOR
i
I
i
18 ( 19
PROPOSITION "A" ti I;S PROPOSITION "B"
P .�
ARGUMENT AGAINST CHARTER AMENDMENT TO MAKE ARGUMENT FOR CHARTER AMENDMENTJO,,MAKE
THE POSITION OF CITY ATTORNEY APPOINTIVE THE POSITION OF CITY CLERK APPOINTIVE
There are TWO concrete reasons why elected officials should Presently, the City Clerk is elected, and must,have,been a resi-
NOT be given the authority to appoint other city officials. dent and registered voter .of the city for two years. .He may be
ONE: It gives them a convenient "scapegoat" on whom to
removed only by recall: The amendment will allow the City Admini-
strator, subject to the approval of the elected' City' Council, to
place guilt when wrong doing or incompetence is uncovered, while appoint the City Clerk from qualified candidates recruited nation-
they disclaim any blame for themselves. wide. He would serve until dismissed for cause.
TWO: It increases their POWER in government and their The State Legislature, recognizing that as a city grows, the
CONTROL of the governed. position of City Clerk becomes a professional technical occupation,`
The American ideal is "government OF the people„ BY the has specifically provided for direct appointment of the position after
people and FOR the people". Preserve this American concept by placing the matter before the .people. The City Clerk, not,a policy
retaining your right to ELECT those who serve you. making position as is the City Council but is an administrative posi-
tion and requires specific skills in office management and organi-
Vote NO! zation which may Y Y not always be found b direct election:
COUNCIL ON SENSIBLE TAXATION Such well established and progressive communities as Anaheim,
LEE R. RAYBURN, Vice Chairman Garden Grove, Santa Ana, Fountain Valley and Newport Beach
PAULINE E., MOEN, Secretary appoint the position of City Clerk. We feel that this is the best
method of guaranteeing to the citizens that the job will be done in
the best interests of the community.
The foregoing argument is not intended to reflect upon the
j incumbent.
VOTE "YES"
CITIZENS CHARTER REVISION COMMITTEE
BY: T. BRIAN PARKINSON, CHAIRMAN
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN —
HUNTINGTON BEACH
BY: SHIRLEY A. KERINS, PRESIDENT
HUNTINGTON BEACH CITY COUNCIL
BY: JERRY A. MATNEY, MAYOR
a
20 21
I
PROPOSITION "B" PROPOSITION "C"
ARGUMENT, AGAINST CHARTER AMENDMENT TO MAKE ARGUMENT FOR CHARTER AMENDMENT TO MAKE
THE POSITION OF CITY CLERK APPOINTIVE THE POSITION OF CITY TREASURER APPOINTIVE
Among those who serve us in government, there are few more Presently, the City Treasurer is elected, and must have been a
pleasant to do business with than those who are ELECTED, and resident and registered voter of the city for two years. He may be
wish to retain that position, or move up to a higher position. removed only by recall. The amendment will allow the City Admini-
strator, subject to the approval of the elected City Council, to
On the other hand, APPOINTED `BUREAUCRATS" tend to
appoint the City Treasurer from qualified candidates recruited
become "untouchables", in time; even to the point of successfully
nation-wide. He would serve until dismissed for cause.
suing to regain a lost civil service position after removal for incom-
petence. City Council on August 6, 1973, changed the status of the City
A ointed positions in government are j Treasurer's position to full time rather than part time. This empha-
pp p g "political plums" to be sizes that the position of City Treasurer requires full time attention
used by the newly elected "boss" to reward friends and large contri- I to meet its responsibilities. An appointive City Treasurer must do
butors to the campaign fund.
so whereas an elective City Treasurer may not.
Tlie position of CITY CLERK is one of the,most IMPORTANT The specialized nature of the City Treasurer's responsibilities
in the relationship between government and the citizen. Keep i requires qualified persons to meet them and an elected City Treasurer
"city hall" responsive through an ELECTED CITY CLERK. may not truly have such qualifications.
VOTE NO!
. � The foregoing argument is not intended to reflect upon the
COUNCIL ON SENSIBLE TAXATION incumbent.
LEE R. RAYBURN, Vice Chairman VOTE "YES"
PAULINE E. MOEN, Secretary CITIZENS CHARTER REVISION COMMITTEE
BY: T. BRIAN PARKINSON, CHAIRMAN
AMERICAN ASSOCIATION OF UNIVERSITY WOMEN —
HUNTINGTON BEACH
BY: SHIRLEY A. KERINS, PRESIDENT
HUNTINGTON BEACH CITY COUNCIL
BY: JERRY A. MATNEY, MAYOR
• I
22 23
r PROPOSITION "C" f'
ARGUMENT AGAINST CHARTER AMENDMENT TO MAKE
THE POSITION OF CITY TREASURER APPOINTIVE
Were the Treasurer appointed by the City,Council, or the
Administrator, he would be RESPONSIBLE to those who'appointed
him, whereas, an ELECTED treasurer would be answerable to the
electors,and,could be removed from office,if necessary. Appointees
hold office as long as they "kow-tow" to those who appoint them,
whether they perform their duties in the best interests of the
citizens, or not. ELECTED OFFICIALS have to make an accounting
of their efficiency periodically in order to be re-elected.
The position of City Treasurer was recently elevated to a full
time job with extended responsibilities and increase- in salary. It
is now a position that would attract competent accountants to seek
election to it. As an appointed office it would become a "political
plum" to be awarded to a "favored" member of the city hall
"clique".,
Retain your right to select (ELECT) your.man.
Vote NO!
COUNCIL ON SENSIBLE TAXATION
LEE R. RAYBURN, Vice Chairman
PAULINE E. MOEN, Secretary
a .
24
I
PROPOSED
AMENDMENT TO
CONSTITUTION .
i
INITIATIVE
CONSTITUTIONAL AMENDMENT
Together With Arguments
(Arguments in support or opposition of the proposed laws
are opinions of the authors)
SPECIAL -STATEWIDE ELECTION
Tuesday, November 6, 1973
Compiled by GEORGE H.MURP.HY, Legislative Counsel
Distributed by EDMUND G. BROWN Jr.;Secretary of State
I
0 0
PART I-ARGUMENTS
TAX AND EXPENDITURE LIMITATIONS. Initiative Constitutional
Amendment. Limits State expenditures; restricts use of defined sur-
plus revenue to tax reductions,refunds,or emergencies.Constitution-
ally eliminates personal income tax for lower income persons,reduces
others' 1973 tax up to 20% from surplus, and reduces subsequent
year rates 721%. Requires two-thirds legislative vote for new or YES
changed State taxes" Limits local property\tax rates except school
districts'.Requires State funding of new programs mandated to local
governments. Provides for tax and expenditure limit adjustments
when functions transferred. Contains special indebtedness obligation
j provisions.Allows local tax rate and expenditure limit increases upon
voter approval. Summary of legislative analyst financial impact esti-
mate: $170,000,000 annual reduction in State tax revenues and
probable undeterminable future revenue reductions; reduction in
projected State program expenditures of estimated $620,000,000 in
first year to $1,366,006,000 in fourth year and,increasing thereafter,
with probable substantial offsetting cost and tax increases to local NO
government. The initiative provision exempting certain low income
persons from income taxes and granting a one-time.20% credit on
1973 income taxes for all taxpayers has been accomplished by legis-
lation passed August 23, 1973, granting low income persons exemp-
tions and granting others a 1973 tax credit ranging from 20 to 35%.
i
(For full text of measure,see page 1,Part II)
General Analysis by the Legislative Counsel* Cost Analysis by the Legislative Analyst}
A "Yes" vote is a vote to restrict the tax- The financial analysis of this initiative must.
ing and spending powers of the state and to take into consideration the effect which a
limit the taxing powers,of cities, counties, limit on state expenditures, which it imposes,
and other local governmental agencies. will have on existing state programs and on
A "No" vote is a vote to continue the possible offsetting increases in expenditures of
present constitutional and statutory provi- cities,counties,schools and other local govern-
sions regulating taxation and spending. ments.
For further details, see below. The initiative limits state government ex-
penditures to a declining percentage of Cali-
fornia's personal income. The limit drops ;
Detailed Analysis by the Legislative one-tenth of one percent each year until
Counsel* 1979-80, when the Legislature can stop the
This measure, if adopted, would add a decline.
new article to the Constitution containing To.measure the impact we first projected
the following major provisions: state expenditures, assuming a continuation
Limit on State Expenditures of existing programs.We then compared that I
with the level of expenditures allowed under
An expenditure limit would be established the limitation. The results show that sub- .
for each fiscal year commencing with the stantial reductions in projected. state ex-
- 1974-1975 fiscal year. The limit would be penditures will be required-each year
based on a percentage'of total California however, we have made estimates only for
j personal income. the first four years.These reductions are:
State, expenditures in excess of the limit
would be prohibited, except that-the Legis- 1974-75 $ 620,000,000
lature could authorize expenditures in ex- 1975-76 $ 718,000,000
cess of the limit: 1976-77 $ 877,000,000
(a) To pay state indebtedness. 1977-78` $1,366,000,000
Section 3566 of the Elections Code requires t Section 3566.3 of the Elections Code re-
the Legislative Counsel to prepare an - quires the Legislative Analyst to pre-
impartial analysis of each ballot meas- pare an impartial financial analysis of
f ure. each ballot measure.
(Continued on page 4,column 1) (Continued on page 4,column 2)
— 3 --
Detailed Anal s the Legislative Counsel Cost Analysis b the lig illative Analyst Detailed Analysis li "the Legislative Counsel Cost Analysis"b the Le�"10ative Analyst
"
Y Y 1� Y Y g Y Y Y gY g Y
(Continued from page 3,column 1) (Continued from page 3,column 2) (Continued from page 4,columoi 1) (Continued f rom page 4,column 2)
(b) To meet. an emergency situation The initiative does not specify where cuts (d) When the federal government or a to pay the cost. The initiative enacts four ex-
where the Governor declared the emergency will be made; it leaves that to the Governor court imposes new costs on the local agency. ceptions to that law (see Legislative Counsel's
and requested the Legislature to increase and Legislature. It does provide, however, (e) When authorized by the voters of.the Analysis). If state mandated services fall
expenditures. that such reductions will be governed by a local agency. within those exceptions, local government
limitation(c) To pay a tax refund from money re- complex series of rules, with the following The on property taxation would costs will increase or other services vices will
eeived in excess of the revenue limit. probable results. not apply to taxes necessary to pay indebted- be cut.
The limit could be increased or decreased First, it is highly probable the state will ness or retirement benefits approved by the 3. For 1974 and thereafter, the initiative
if approved at a statewide election. have to reduce its payments to cities, counties, voters. _ establishes a-71/> percent income tax credit
The measure includes various provisions schools and other local,governments because 2. No local agency, including a school for all taxpayers, which reduces state reve-
for the adjustment of the expenditure limit about two-thirds of the state budget consists district, could impose an income tax, unless nue by $170 million annually.-The initiative
where costs are shifted from one level of gov-" of such payments. To compensate for such authorized to do so by the Legislature by a allows the Legislature by a two-thirds vote
ernment to another. reductions, local governments will have to two-thirds vote. to change or eliminate this credit. "
(a) cut expenditures, (b) increase property 3. Various provisions are included for the The initiative contains language which
State Taxation taxes, or (c) impose new taxes. adjustment of local property taxing limits would have granted a one-time, 20 percent
1. The Constitution now requires a two- Second, the initiative for all practical pur- where costs are shifted from one level of gov- credit on 1973 income taxes. However, 1973
thirds vote of the Legislature to change state poses prohibits reductions in state payments ernment to another or from one local agency" legislation granting a variable tax credit
insurance and corporation taxes.Under this for.the homeowners' and business inventory to another. ranging from 20 to-35 percent has nullified
measure,a two-thirds vote of the Legislature exemptions, but permits cuts in,senior citi that provision.
would be required to impose an new state State-Mandated Local Costs
9 P Y zens' property tax assistance and renter tax The -initiative also contains language ex-
tax or change the rate or base of any exist- relief. This measure contains provisions some- empting certain low-income persons from
ing state tax; however, tax refunds or re- what similar to-those now in the law which income taxation. Whether or not the initia-
e Third, it encourages heavier reliance on
ductions by appropriation from tax surpluses would require a state appropriation to reim- five is adopted, however, the low-income
borrowing, tuition, fees, and other charges
could be enacted by a majority vote. burse a local agency, including a school dis- exemption will o
because certain expenditures financed from p g into effect as a result of
trict., for its costs under any new program or, legislation enacted in 1978.
2. This measure includes,'as a'"constitu- these receipts are exempt from the limit.This - e
tional requirement, a provision similar to will especially affect the University, colleges, service required by state law. However, no 4. Many government services are paid for
existing law which provides that for the year and beach and park facilities. reimbursement would be required in the by money transferred from the federal gov-
following cases:
1973 and thereafter, a single person with an It would be well to put the $620 million ernment to the state. If the federal govern- "
adjusted gross income of less than $4,000, first-year cut into proper perspective. This (a) Where the state requirement is ap- ment cuts back on those transfers, the initia-
and a married couple or,head of a household would mean an approximate one-quarter re- plicable to private entities and individuals tive prevents total state expenditures from
with an adjusted gross income of less than duction in state operations if applied to that .' as well as to local agencies. rising to make up for the loss of federal gov-
$8,000, would pay no state income tax. The portion of the budget alone. In turn, about (b) Where the workload under an exist- ernment money.
Legislature," by a two-thirds vote; could 60 percent of state operations is highway and ing program is increased by the"state re- 5. The initiative enacts restrictions on fu-
change this provision after 1973. - education expenditures. quirement. ture laws granting property tax relief, the
3. For 1974 and years thereafter, state State revenues in excess-of the expenditure (c) Where the state requirement consists effect of which is strongly to discourage the
personal income tax rates could not exceed limit will be transferred to a• special 'fund of a change in the definition of a crime or Legislature from increasing (a) the home-
those in effect on January 1, 1973, less 71/2 for tax reductions or emergencies called by the definition of a new crime. owners'property tax exemption, (b) renters'
percent. The Legislature, by a two-thirds the Governor. (d) Where the state requirement imple- tax relief, (c) the business inventory prop-
vote, could change this provision. Adoption of the initiative will directly in- ments a statute in existence on the effective erty tax exemption, or (d) senior citizens'
Local Taxation crease state administrative costs by$236,000 date of this measure. property tax assistance. The initiative allows
annually. There will also be other contingent - the Legislature to increase state expenditures
Pr
ovisions,rovisions, somewhat.similar to those costs to implement optional future actions. Legislative the
to make across-the-board property tax reduc-
now contained in the law, would be added The Legislature would be required, both tions on both residential and business prop- "
to the Constitution to provide that cities The initiative contains the following other
P specifically and generally, to enact statutes erty.
counties, and special districts, other than provisions: necessary to carry out the provisions of the
school districts, could not levy property 1. Present statutory law limits property tax new article."Thus, the effect of the measure,"
taxes at a rate in'excess of the rate levied rate increases. This initiative places all but to some extent, would depend upon the gro-
in the 1971-72 or 1972-73 fiscal year,which-. those for schools in the Constitution. How- } visions of the statutes so enacted.
ever is higher. ever,it requires the Legislature to allow cities 1
Property taxes could, however, be in- and counties, etc., to increase their property
creased: tax rates (a) if four-fifths of the local gov- Statute Affecting Above Measure
(a) To secure funds to ineet the costs of erning body declares an emergency, or (b) if This measure includes a provision-that
an emergency situation when'authorized by special circumstances create hardships. taxpayers will receive a refund of 20 per-
a four-fifths vote of the governing board of The initiative does not place constitutional cent of their 1973 state income tax unless
the local agency.- limits on any other taxes which local govern- such refund has been previously made by
(b) When population or cost of living ments may levy. By a two-thirds vote, the the Legislature. Such a refund was made by
increases faster than .the assessed valuation Legislature is expressly authorized to establish the Legislature (Chapter 296, Statutes of
of property for tax purposes. local income taxes. I 1973). Therefore, adoption of this measure
(e) To allow for special circumstances 2. If, after January 1, 1973, the state or- would not provide an additional-refund.
creating hardship for individual local agen- ders a local government to perform additional
cies. services, an existing law requires the state
(Continued on page 5,column 1) (Continued on page 5,column 2)
— 4 _ _ 5 _-
ARGUMENT IN FAVOR OF PROPOSITION.1
REBUTTAi :iO ARGUMENT IN FAVOR OF PROPOSITION--continued
Last spring, hundreds, of thousands of Prohibit any on-going increase in the state save the family with a $50,000 income $219, This proposition will not work as adver-
voters signed petitions to put Proposition 1 tax burden except by a vote of the-people. 6% of their tax ill. tised. In November 1972 the voters wisely
b
on the ballot. Only then, did the legislature It will preserve present tax inequities by rejected Proposition 14, a similar unrealistic
requiring act to give back at least 20% of 1973 income q g a
What a YES vote on Proposition 1 will z
/,� vote to change any state tax tax scheme opposed by the proponents of
taxes and exempt individuals with incomes NOT do: rate.No existing tax loopholes are closed. this initiative.
of$4,000 per year or less, and families with It will not shift taxes or costs onto the It will freeze into the Constitution a com- LEAGUE OF WOMEN VOTERS
an$8,000 income, or less,from income taxes, local- property taxpayers. It strictly and plicated measure which is full of ambiguities
OF CALIFORNIA
as required by the Proposition: specifically prohibits this. and debatable features which will lead to
Now, it is up to the voters to-put these prolonged litigation. Evelyn P. Kaplan, President
cuts into the Constitution, place a lid on It will not cut funding levels of any cur-
local property taxes, give themselves an rent state programs. On the contrary,it pro-
on-going income tax cut,and provide a safe, vides a reasonable amount of money for ARGUMENT AGAINST PROPOSITION 1
reasonable restraint on the overall growth increases in programs which could include
of the state tax burden, by voting YES on environmental,educational and public safety The offer of reduced taxes by imposing Federal Legislation Imposes State Costs
Proposition 1. programs. expenditure limitations is a false promise. Federal cut-backs or new programs di-
p Tax rates and expenditure ceilings tried
It will not change minimum income tax , P b rectly affect both the need for and cost of
'What a YES vote on Proposition 1 WILL do: rates, or change the current tag structure. ( elsewhere in the country have meant deteri- state services. The initiative makes no pro-
f orating public services and more costly, in- vision for adjusting the ex enditure limita-
Rsduce 1974 and subsequent year state in- It will not benefit the rich over the poor. J e P
q Y t equitable methods of financing state and tion if costs of programs now financed b
come taxes by 7n/2%. . The 7/,% income tax cut is applied evenly P e Y
local government. Californians should reject the federal government are shifted to the
Prevent any future state budget from and fairly, straight across the board.
rising faster than the cost of living index It will not put the state in a -financial this initiative. state. This measure will mean loss of federal
and the rate of economic growth, except by straitjacket. If historical patterns of growth Through their taxes, Californians buy revenue sharing funds for state and local
vote of the people. continue, the budget could double in ten services: education, law enforcement, high- governments because of the states reduced
Prevent any future state programs, such "-years and triple in fifteen, if needed. ways, parks and social services. While the, taxing effort.
as those for improving the environment, aid SUMMARY proponents claim that under the initiative The Initiative Shifts Power
to education and public safety, from ever these services will not be cut, their projec- Presently the Governor can veto expendi=
having to be reduced below the current level The state tax burden on Californians is tions are based on past trends and question- tures, but he cannot limit-the ability of the
of services. still much too heavy. Yet those who oppose able assumptions about future growth. legislature to respond,•to the state's needs.
Require that any future state surpluses be this Proposition wafit,to keep their blank If an "emergency situation" should arise
returned to the people in the form of tax Added Taxes Are Possible g
reductions unless used to meet emergencycheek authority over taxes. which requires expenditures beyond the limn-
The time has come for the people them- Under the expenditure limitation, reduc- tction, the legislature would be unable to
situations. selves to curb the growth rate of state taxes. tions in the state budget would force in- act. Only the •Governor can declare an
Provide an ample emergency fund for un- A YES vote on Proposition 1 will do just creases in local sales taxes, property taxes "emergency." We should maintain the pres-
foreseen needs. that,while providing for normal growth and and service charges.Local sales tax increases ent balance between legislative and execu-
Prevent-the state from shifting service reasonable state needs. could be authorized by the legislature by a, five powers.
costs to local government'without paying
for them. majority vote;other tax rate changes would
JOHN CONLON The Iuitiaticc Creates Unfair Tax Shifts
Impose a ceiling on property tax rates ex- require a ;,vote. Property tax rates may be
cept as required,by normal growth, hard- Supervisor,Ventura County raised on au emergency basis by a °vote of Ongoing income tax reduction, as opposed
ship, or a vote of the people. MACK J. EASTON the local to a cut in the sales tax, places a heavier
y p p governing body. Services charges share of taxes on lone and middle-income
Prevent the legislature from raising any President and fees such as those for licenses, parks, people. Two-thirds of the state budget is
state tax except by a two-thirds vote. - California Taxpayers Association state colleges and universities
could be raised used to finance vital local services. With ex-
Provide for normal growth of all current without limit. Any savings offered b Y an in-
state programs, such as education, environ- VERNE ORR h penditure limits at the state level,these costs
ment and public safety,and new money each Director,.Department of Finance come tax credit would be lost to low and will shift to cities, counties and school dis-
year for new programs. State of California middle income families as other taxes rise. triets.
Existing tax relief for senior citizens, hone- In conclusion, this measure would place in
owners,and renters will be threatened. the Constitution an extremely complicated
REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 1 ! system limiting the ability of elected repre-
New Law Increases Threat of Initiative sentatives to respond to changing economic
This proposition will mean deteriorating The proponents' use of the term "blank The one-time 207o rebate promised by this conditions and changing needs for services. 1,
sub-
public services. Inevitable budget cuts will check" is misleading. There are adequate Complex tax legislation should be the sub.
p g measure has been eliminated and been re- ject of statute enacted by the legislature.
come largely from education, health and controls now in 'the budget process giving placed by a larger rebate in recent legisla- It should not be frozen into our Constitution.
public safety. both the legislature and the Governor au- tion. This action lowered the base on which
au-
thority to reduce spending. future expenditure limitations must be calcu- LEAGUE OF WOMEN VOTERS
The legislature did act to reduce taxes to Taxes can be shifted to local government lated and will drastically limit the ability OF CALIFORNIA
benefit low and middle income families.That to increase the burden on local property and - of the state to fund services. Evelyn P.Kaplan,President
legislation was vetoed by the Governor.Now sales taxpayers.
compromise legislation has removed a major It will favor the rich. The ongoing 7.57o
attraction of the initiative by granting an income tax credit will save the average fam-
income tax rebate and exempting low in-' ily with an income of$10,000 only$4 a year,
come people from state income tax. .9° of their tax bill. The same credit will
— 6 — I
— 7 —
' i
.2U; TTAL TO ARGUMENT AGAINST PROPOSIT. ,A 1
The authors of the opposing argument,the an expeetaney,-they are an absolute histori- PART 1 1 APPENDI
League of Women Voters, oppose any limit cal certainty.
on taxes at any level of government. They Proposition 1 cannot shift federal costs to TAX AND EXPENDITURE LIMITATIONS. Initiative'Constitutional.
are thus hardly qualified to make credible the state since the proposition itself has no Amendment. Limits State expenditures; restricts use of defined sur-
predictions of any kind. effect whatsoever on the federal-state fiscal plus revenue to tax reductions,refunds, or emergencies. Constitution-
Their argument against the proposition is relationship. ally eliminates personal income tax for lower income persons,reduces
based upon dire predictions of what the - This measure does not affect the balance others' 1973 tax up to 20% from surplus, and reduces subsequent
proposition might "lead to", or "build pres- between executive and legislative power,but year rates 7%. Requires two-thirds legislative vote for new or YES
sures" for, or "can be expected" to do, or rather gives to the people, who have to pay, changed State.taxes. Limits local property tax rates except school
"doubt" that the proposition would produce anew "power"--to slow down the growth districts'.Requires State funding of new programs mandated to local
the "promised" results. rate of state taxes. governments. Provides for tax and expenditure limit adjustments
These are not substantial reasons to vote In sum, all of the dire predictions in the when functions transferred. Contains special indebtedness obligation
against the only chance Californians have opposing arguments simply cannot happen provisions.Allows local tax rate and expenditure limit increases upon
ever had, and may ever have, to limit state because of passage of the proposition. voter approval. Summary of legislative analyst financial impact esti-
revenues to a set percentage of their own, The fact remains that the state tax burden mate: $170,000,000 annual reduction in State tax revenues and
total earnings. is too high and is growing too fast. Those probable undeterminable future revenue reductions; reduction in
It is easy for the opponents to say that a special interest spenders who oppose the projected State program expenditures of estimated $620,000,000 in
promise of lower taxes is a "false promise." measure do not trust the people. It appears first year to $1,366,000,000 in fourth year and increasing thereafter,
But that argument loses all substance when they are afraid that they will lose their ca- with probable substantial offsetting cost-and tax increases to local NO
it is,eonsidered that this "promise".is a con- pacity to influence a handful of legislators to government. The initiative provision exempting certain low income
stitutional amendment. Passage of this, produce bigger budgets and higher taxes. persons from income taxes and granting a one-time 20% credit on
amendment ensures a steady"and reasonable They are absolutely right.This simple,safe 1973 income taxes for all taxpayers has been accomplished by legis-
reduction of the state tax burden. That's restraint will do exactly that, nothing more latiou passed August 23, 1973, granting low income persons exemp-
no empty promise. and nothing less. tions and granting others a 1973 tax credit ranging from 20 to 35%.
The charge that "additional local taxes JOHN CONLON
can be expected" is absurd. Proposition 1 Supervisor,Ventura County (This Initiative Constitutional Amendment ferred to the Tax Surplus'Fund, which is
specifically prohibits any increase in local proposes to add a new article to the Con- hereby established.
taxes over and above normal growth except PresidMACent
J.EASTON y p 2 The Tax Surplus Fund shall be used
1 stitution. It does not amend an art of the
President O P
by a vote of the people. It also requires the California Taxpayers Association existing Constitution. Therefore, the pro- only for one or more of the following pur- -
state to pay for any new functions it requires visions thereof are printed in BOLDFACE poses:
of local government. If Proposition 1 does VERNE ORR TYPE to indicate that they are NEW.) For tax refunds or reductions;
g p Director, Department of Finance (i)
not pass, higher local taxes are not merely State of California PROPOSED ARTICLE XXIX (ii) For approved Emergency 'Situation
ARTICLE XXIX appropriations under- Section -6 of this
Article.
REVENUE CONTROL AND TAX (3) The Legislature shall minimize ac-
REDUCTION cumulations within the Tax Surplus Fund by
making periodic tax refunds or reductions
Section 1. Declaration of Purpose. as permitted by this Article.
The people of the State of California de- (b) On the effective date of this Article,
clare it is in the best interests of the State to the Controller shall determine the amount of
effect an orderly reduction of their tax surplus in the General Fund as of the end of
q� burden, without shifting costs to local gov- fiscal year 1972-7.3 and shall designate such
�II ernment,by enacting this-Constitutional pro- portion of the surplus as is necessary and
411 vision to: available to effect the refund of subdivision
(a) Limit and reduce State taxes, (b)(1) hereof.
tll (b) Provide for refunds to the taxpayers (1) The surplus so designated shall be
of surplus State revenues, utilized for a refund by means of a credit
(c) Limit Local Entity property tax rates, of 20% of personal income taxes for the
(d) Establish funding procedures for calendar year 1973, excluding taxes on
Emergency Situations, and capital gains on assets held for more than
(e) Require voter approval of taxes which one year,items of tax preference,estates and
exceed the limits set forth in this Article. trusts, or in such lesser percentage as the
Section 2. State Tax Revenue Limit;Tax Director of the Department of Finance shall
Surplus Fund; 20% Tax Refund. certify is available for such,refunii. Single
individuals whose adjusted gross income is
(a) There is a State Tax Revenue Limit less than$4,000.00 and married couples and
determined as provided in this Article, heads of households whose adjusted gross in-
(1) If State Tax Revenues for any fiscal come is less than$8,000.00 shall bear no per-
year exceed the State Tax Revenue Limit sonal income tax. If this Article is effective
for that fiscal year,the excess shall be trans- on or before December 31, 1973, then this
— 8
ara rah sham�-a' pl to the 1973 taxable membership of each' .Ouse concurring. If stances creatin Oahipfor individual Section consistent with the -ollowing princi-
P g P P Y g
year. If this Article becomes effective after this Article becomes effective after Decem- Local Entities. ples and directives:
December 31, 1973, then this Section shall ber 31, 1973, then this subdivision shall ap- (2) Maximum Property Tax Rates to be (1) The performance of functions or serv-
apply to the 1974 taxable year. ply to 1975 and thereafter instead of 1974 increased or decreased when authorized by ices not required to be performed prior to a
(2) If, prior to the effective date of this and thereafter. the electorate of the Local Entity, or if there mandate to the.Local Entity or School Dis-
Article,a statute is enacted providing the re- Section 5. State Tax Revenue Limit Ad- is no electorate, then as provided by the trict shall be considered a new program or
fund as set forth in subdivision (b)(1) of justment by Election. Legislature. increase in level of service.
this Section, such statute shall be deemed The State Tax Revenue Limit may be in- (3) Maximum Property Tax Rates to be (2) The increased workload under an ex-
compliance with the requirements of this sub- creased or decreased by a designated dollar increased by a four-fifths vote of the gov- isting program, the implementation of stat-
division (b)to the extent such refund is pro- amount by a majority vote of the people at utes existing at the effective date of this,
erning board of a Local Entity, to secure
vided. a Statewide election approving a measure Article or the definition of a new crime or
revenue to defray the costs of an Emergency
(3) The Legislature shall, by statute, im- placed on the ballot by the Legislature by a Situation affectingthe Local Entity,but an change in the definition of ns existing crime J
lement the tax refund required b subdi- roll-call vote entered into the journal, two- y' Y by statute shall not be considered a man-
p q y such increase shall-remain in effect no longer
vision b 1 as to application to non- thirds of the membership of each house con- dated new program or a mandated increase
( )( ) pp than two years,unless its continuation is ap-
resident and fiscal year taxpayers and as to curring, or placed on the ballot as an initia- in level of service.
Ytive statute pursuant to Article IV of this proved by the Local Entity's electorate.
credits in computing liability. P i (c) All property taxable by Local Entities Section 9. Maintenance of Local Property
4 State Tax Revenue for purposes Constitution. A measure so approved shall Tax Relief.
( ) oses of P P take effect the day after the election, unless and School Districts, except personal prop-
computing the State Tax Revenue Limit,as M ert specially classified for the purpose of (a) If the State reduces local property tax
the measure provides otherwise. Y P Y P P relief b decreasing the specific unit amount,
here defined shall not be reduced by refunds assessment and taxation pursuant to the pro- Y g P
made pursuant to this subdivision b . Section-6. Emergency Fund and Emer- rate or percentage established by statute for
P ( ) visions of Section 14 of Article XIII of this
gency Appropriations. payments made under formula to Local En-
Section 3. Appropriation Limit. Constitution, shall be assessed at a uniform
(a) A Special Emergency Fund of not of full value established b the tities or School Districts from that in effect
No appropriation shall cause an expendi- more than 0.2% of the State Personal In- percentage g Y upon the effective date of this Article, the
ture during any fiscal year of State Tax come shall be established and maintained by Legislature. If that percentage is any figure State Tax Revenue Limit shall be decreased
Revenues for that fiscal year in excess of the other than twenty-five, the maximum rates
the Legislature. Money appropriated to the by an amount equivalent to the decrease in
State Tax Revenue Limit for that fiscal year, prescribed in subdivisions (a) and (b) of this
other-than for tax refunds or,-pursuant to Special Emergency Fund shal be from payments to Local Entities or School Dis-
I. P g Y l' Section shall be converted into new maxi- P �
State Tax Revenues and shall be subject to tricts.
Section 6 of this Article, for Emergency mums by multiplying them by twenty-five
the State Tax Revenue Limit. (b) The adjustment to the State Tax Rev-
Situations. Subject only to such exceptions, and dividing them by the new assessment �
(b) Upon the Governor's declaration of an nue Limit required by this Section shall be
Rev-
any such expenditure in excess of the State percentage.Full value,as used herein,means
Tax Revenue Limit is prohibited.The Legis- Emergency Situation and the exhaustion of fair market value or such other standard of made in the first fiscal year of the decrease
lature shall, prior to any other appropria-
such emergency funds as may be available value asis required or authorized under this of payment described in subdivision (a) of
tion, first make provision for the payment from the Federal Government, the Legis- � Constitution.
this Section. Such adjustment shall remain
ion.
lature may make appropriations to meet the in effect for each subsequent fiscal year.
of the principal and interest on the in- Emergency Situation from the Special Emer- (d) No Local Entity or School District
g y Section 10. Adjustments for Program and
debtedness of the State. gency Fund or, if that Fund is exhausted,-, shall impose, levy or collect any tax upon Cost Transfers.
Section 4. State Tax Adjustments; Per- either from the Tax Sur lus Fund or from or measured by income, or any.part thereof,
sonal Income Tax Reduction. P except as authorized b the Legislature b To maintain a balance between the tax
State Tax Revenues derived from a specific P Y � Y burden and the cost of specific government
a The imposition of an new tax or the tax increase or a specific new tax designated a statute passed by a roll-call vote entered
( ) P Y P g journal,two-thirds of the membership Programs at the State and local level, and
in the
change in the rate or base of any tax by for the Emergency Situation and enacted in J P to further accomplish the purposes of this
the Legislature shall be b statute passed accordance with Section 4 of this Article. of each house concurring. This subdivision
Y P Article, the Legislature shall enact statutes
by roll-call vote entered in the journal, two- An tax so enacted shall remain in effect no m shall not be construed to prohibit the
Y consistent with the following principles and' i
thirds of the membershipof each house con- longer than two ears, unless its continua- imposition, levy or. collection of any other-g Y directives:
curring, except for tax refunds or reduc- tion is approved by a majority of the votes wise authorized license tax upon a business
measured b or according to gross recei ts. (a) If the Legislature enacts a specific
tions by appropriations specifically declared cast for and against-its continuance at a Y g P property tax relief measure funded by State
to be out of the Tax Surplus Fund which Statewide election. Section 8. Protection of Local Entities Tax Revenues or if, by order of any court,
shall be by statute passed by a vote of the Section 7. Local Taxes. and School Districts from State-Imposed the costs of a program are transferred from
I majority of the membership of each house. (a) The Maximum Property Tax Rates of Costs. Local Entities or School Districts to the
(b) For 1974 and thereafter, the State each Local Entity are'set at the rates levied (a) After the effective date of this Article, State, the State Tax Revenue Limit may be
personal income tax liability of taxpayers for the fiscal year 1971-72 or for the fiscal no new program,or increase in level of serv- increased, providing the Maximum Property
shall be determined at rates no higher than year 1972-73, whichever is the higher. The ! ice under an existing program,shall be man- Tax Rates of affected Local Entities or the
those in effect on January 1, 1973, less a Maximum Property Tax Rates for a Local dated to Local Entities or School Districts then existing tax rates of affected School Dis-
credit of 71/2%. Single individuals whose Entity created after the effective date of this by the State until an appropriation has been tricts are commensurately decreased.
adjusted gross income is less than $4,000.00 Article shall be established by the electorate made to pay to the Local Entities or School (b) If.the costs of a program are trans-
and married couples and heads of house- of the Local Entity at the time of its creation. Districts the costs of the,mandated program ferred from the State or Local Entities or
holds whose adjusted gross income_ is less (b) To permit adjustment of the,Maximum or service, but no appropriation for pay- School Districts to the Federal Government,
than $8,000.00 shall bear no State personal Property Tax Rates set in subdivision (a) of ments to Local Entities or School Districts the State Revenue Limit or the Maximum
income tax. The Legislature shall, by stat- this Section,the Legislature shall enact stat- shall be required if such program or increase Tax Rates of affected Local Entities or the
ute, implement-the tax reduction required utes,within the general intent of this Article, in level of service under a program is deter- then existing tax' rates of affected School
by this Section as to application to non- to permit: I mined by the Legislature to be applicable Districts shall be commensurately decreased.
resident and fiscal year taxpayers and as to (1) Maximum Property Tax Rates to be generally to private entities or individuals, (c) If the costs of a program are trans-
credits in computing liability. The provi- increased or decreased to reflect cost varia- as well as to Local Entities or School Dis- ferred to or imposed on existing or newly
sions of this subdivision (b) may be modi- tions due to cost-of-living or population - tricts. created Local Entities by Federal Law or
fled by statute passed by roll-ball vote changes not offset by assessed valuation (b) The Legislature shall enact statutes to the order of any court,the Maximum Prop-
entered in the journal, two-thirds of the changes or to allow for other special circum- establish procedures for implementing.this erty-Tax Rates of affected Local Entities
_ 2 _ _ 3 _
i
may be commensurate) increased pursuant a The State Tax Revenue Limit for a' from character which (ii) contributions and deposits to receipts
y y > p ( ) f m taxes of any kind or c p p
to such specific conditions of State approval fiscal year shall be computed as the dollar may be levied by the State without limita- of,income of and proceeds of capital transac-
in each case as the Legislature may impose, sum of I tion of rate or amount. tions of Employment Trust Funds;
(d) If the costs of a program are trans- (1) the greater of the following: (b) Nothing herein contained shall limit (iii) revenue derived from a specific tax
ferred between existing or newly created (i) The dollar amount derived by multi- any indebtedness or liability of Local En- levied as permitted in Section 6 to the ex-
Local Entities or School Districts, the Max- plying together the State Tax Revenue Limit tities or School Districts which has been duly tent such revenue is used to meet an Emer-
imum Property Tax Rates or the then exist- Income Quotient for the specified fiscal year authorized by a vote of the electors thereof. gency Situation;
ing tax rates of each shall be commensurately and the State Personal Income for the Galen- # All taxes or assessments required to be levied (iy) proceeds from the sale or issuance of
adjusted. dar year in-which the specified fiscal year or collected for the payment of indebted- State bonds or notes;
(e) If Federal taxes are reduced on condi- commences; or ness so incurred may be levied upon all (v) grants and contract income for proj-
tion that the State increase expenditures by (ii) The dollar amount derived by multi- j property subject to taxation or special as- ects or research sponsored and funded,by
an amount equivalent"to the Federal reduc- plying together the State Tax Revenue Limit sessment by the Local Entities or School Dis- non-governmental agencies;
tion, the State Tax Revenue Limit may be Population-Inflation Quotient, the State tricts without limit as to rate or amount, (vi) internal fund transfers such as inter-
increased by such amount. Population for the calendar year in which and the Maximum Property Tax Rates ap- fund or inter-agency transfers, revenue, re-
(f) The adjustments required by this Sec- the specified fiscal year commences and the plicable herein shall not apply to the pay- imbursements, abatements, advances, loans,
tion of the State Tax Revenue Limit, the Consumer PriceIndex; plus { ment of indebtedness so incurred.The Maxi- repayment of loans;
Maximum Property Tax-Rates or the then 2 the dollar amount increase or decrease mum Property Tax Rates applicable to Local (vii) proceeds from the sale of invest-
( ) �' Entities shall not be applicable to obligations ments and the redemption of matured securi-
existing tax rates in the case of School Dis- to the State Tax Revenue Limit authorized to levy taxes under the Improvement Bond ties
tricts shall be made in the first fiscal year of for that fiscal year pursuant to Sections 5, i Act of 1915 or to the authority of Local En- (viii) proceeds from the sale of real and
transfer or operation. Such adjustment shall 9 and 10 of this Article. tities or School Districts to levy and collect personal property;
remain in effect for each subsequent fiscal (b) Beginning with the fiscal year 1989— taxes to pay for Local Entities or School (ix) gifts, donations, bequests to the
year. 90, or"with a fiscal year in which the State Districts retirement and pension benefits State;
Section 11. Economic Estimates Commis- Tax Revenue.Limit Income Quotient is no pursuant to laws which have been,or may in (x) endowment income;
sion. greater than 0.0700, the Legislature, by the future be a roved b the voters.
> pp y (xi) service fees and charges derived from
(a) There shall be an Economic Estimates statute passed by roll-call vote entered in Section 14. Severability, projects which are financed by revenue
Commission consisting of the State Control- the journal, two-thirds of the membership If any -portion, section, subdivision or bonds secured solely by the revenue of such
ler; the Director of the Department of Fi- of each house concurring, may terminate clause of this Article, or the application projects to the extent that such fees and
nance or an appointee of the Governor as further reduction in the State Tax Revenue thereof to any entity, person or circum- charges are used for the payment of princi-
designated by him;and a designee appointed Limit Income Quotient:Thereafter,the State stance, be declared unconstitutional or held pal and interest on such bonds;
by the Legislature who is not a member of Tax Revenue Limit Income Quotient shall be invalid or deemed unenforceable for any rea- (2) The following fees:
the Legislature, selected in a manner pro- maintained at the level reached in the fiscal , son, the remaining portions of this Article (i) proceeds from the activities of the Uni
vided by the Joint Rules of the Legislature. year in which such statute is enacted; how- and the application of such portions to other versity of California and the State Univer-
The Commission shall act by a vote of two- ever,-annual reductions may be reinstated entities, ,persons or circumstances, shall not sity and College System, including, but not
thirds of its membership. The Commission by statute passed by roll-call vote,two-thirds be affected thereby. limited to, student tuition 'and fees and
Chairman-shall be designated by the,Gov-. of the membership of each house concurring. Section 15. Implementing Statutes. post-secondary education income derived
ernor. The Commission shall utilize the re- (c) If the statistical series used to deter- (a) The Legislature, by statute, shall es- from housing, parking, food service, student
sources of existing State agencies in carrying mine the Consumer Price Index, State Per- tablish procedures for elections required by union fees,book stores or similar enterprises;
out its duties. sonal Income and State Population, as de- this Article, shall appropriate-funds for any (ii) non-commercial fish and game fees,
(b) The Commission shall determine and fined in Section 16 of this Article,are recom- Statewide special election called pursuant to assessments and other revenues;
publish, prior to April 1 of each year, the puted by or succeeded by new series reported this Article and shall enact any other (iii) service or use fees levied by the De-
State Tax Revenue Limit for the followingby the United States Department of Com-
merce or the United. States De statutes necessary to carry out the prove- partment of Parks and Recreation;
'fiscal year by making and publishing all• Department of sions of this Article. (iv) income from environmental license
necessaryestimates and calculations as pro-' Labor or a successor agency of the United
p � (b) The Legislature, by statute, may de- plates;
vided in this Article. If this Amendment is States Government, the' State Tax Revenue termine the fund or funds from which trans- (v) revenue derived from State-owned
not effective prior to April 1, 1974,the Com- Limit Income Quotient or State Tax Revenue fers to the Tax Surplus Fund, as established parking lots and garages;
mission shall determine the State Tax Reve- Limit Population-Inflation Quotient shall be I by subdivision (a) of Section 2 of this Arti- (3) Fees which meet all of the following
nue Limit for fiscal year 1974-75 as soon re-derived in accordance with the recom- cle, shall be made, unless this Constitution criteria:
after enactment M it can,act. If it does not putation or new series, and the re-derived restricts the; use of a designated fund to (i) the service or .product for which the
act prior to July 1,1974,the State Tax Reve- quotient shall be used in computing the State other specified purposes. In the absence of fee is paid is generally available from a non-
nue Limit for fiscal year 1974-75 shall be Tax Revenue Limit for the, fiscal year suc- statutory provisions, transfer to the Tax State source, or the fee is collected solely to
the amount of the State Tax Revenue as here ceeding the fiscal year in which the quotient I Surplus Fund shall be from the State Gen- regulate a non-commercial, non-professional,
defined for fiscal year 1973-74. The Commis- was re-derived. eral Fund. non-criminal activity other than those re-
sion shall also determine and publish such Section 13. Bonds and Pensions. Section'16. Definitions. ferred to in Article XXVI;
estimates of the State Tax Revenue Limit as (a) Nothing in Section 3 or in any other (a) "State Tax Revenue" means the reve- - (ii) the fee collected is used to defray all
are necessary for the orderly and proper de- provision of this Article shall limit the taxes i nue of the State from every tax,fee,penalty, or'part of the costs of the State in providing
velopment of State budgets. If the Commis- levied or otherwise to be levied or appropria- receipt and other monetary exaction, inter- the service;
Sion does not act to determine the State Tax tions made for the payment or discharge of est in connection therewith, and any trans- (iii) the payer of the fee receives the bene-
Revenue Limit before July 1 of a fiscal year, any indebtedness of the State and the inter- fer out of the Tax Surplus Fund other than fit derived from payment of the fee; and
the State Tax Revenue Limit for that fiscal est thereon heretofore or hereafter author- for tax refund, except Excluded State Reve- (iv) are designated by' statute as Ex-
year shall.remain the same as for the previ-- ized by vote of the electors, or State notes i nues are not part of State Tax Revenues. cluded State Revenues.
ous fiscal year. or other securities issued in anticipation of (b) "Excluded State Revenues"means (c) "Intergovernmental Transfer Pay-
Section 12. Computation of State Tax the collection of taxes,and all bonds or other (1) The following receipts: ments" means dollar amounts received by
Revenue Limit, indebtedness of the State shall be payable (i) intergovernmental transfer payments; the State of California from the Federal
— 4 — — 5 —
Government or any Local Entity or School enues as estimated by the Economic Esti-
District except those taxes, fees and penal- mates Commission.
ties imposed by the State and collected by (k) "State Personal Income" means the
the Local Entity or School District for the estimate made by the Economic Estimates -
State. Commission of,the dollar amount that will
(d) "Employment Trust Funds" means be reported as Total Income by Persons for
the Unemployment Fund,Unemployment Ad- the State of California for the specified
ministration Fund, Unemployment Com- calendar year by the United States Depart i pensation Disability Fund, Old Age and ment of Commerce or successor agency in its
Survivors Insurance Revolving Fund, Unin- official publications. CERTIFICATE OF SECRETARY OF STATE
sured Employers Fund, State,Compensation (1) "State Tax Revenue Limit Income
Insurance Fund, State. Employees Contin- Quotient" means:
gency Reserve Fund; and the Public Em- (1) For the fiscal year 1974-75, the num- I, Edmund G. Brown Jr., Secretary of State of the State of California, do
ployees Retirement Fund, Teachers Retire- ber derived by: hereby certify that the foregoing measure will be submitted to the electors of
ment_Fund, Judges Retirement Fund,Legis- (i) Dividing the sum of Estimated State the State of California at the SPECIAL STATEWIDE ELECTION to be held
lators Retirement Fund and other similar re- Tax Revenues for the fiscal year 1973-74 by tirement funds. the State Personal'Income for the calendar throughout the State on"November 6, 1973, and that the foregoing pamphlet
(e) "Expenditure."As used herein, an ex- year 1973, and is correct.
penditure occurs at the time and to the ex- (ii) Subtracting 0.001. Witness my hand and the Great Seal of the State, at
tent,that a valid obligation against an ap- (2) For each fiscal year succeeding the E� o, , office in Sacramento, California,'this thirtieth' day of Au-
propriation is created. For the purpose of fiscal year 1974-75, the number derived by: g .�u�, HF
capital outlay in connection with this"Arti- (i) Dividing the State Tax Revenue Limit ' gust, 1973.
cle, a valid obligation shall be considered for the previous fiscal year by the State Per- .n�
to have been incurred when the Legislature sonal Income for the previous calendar year,, J�
appropriates the funds. and a
(f) `Emergency Situation" means an ex- (ii) Subtracting 0.001.
traordinary occurrence requiring unantici- (m) "State Population" means the esti-
pated and immediate expenditures to pre- mate made by the Economic Estimates Com- EDMUND. G. BROWN JR.
serve the health and safety of the people. mission of the number that will be reported
(g) "Maximum Property Tax Rates" as Total Population of'the State of Califor- Secretary of State
means the property tax rate or rates and nia for the specified calendar year by the ,
.ad valorem special assessment rate or rates •United States Department of Commerce or
for any Local Entity. successor agency in its official publications.
..(h) Local Entity" means any city, (n) "Consumer Price Index" means the '
county, city and county, chartered city, number reported as the Consumer Price In- +
chartered county,chartered city and county, dex for the United States (Base Year 1967
taxing zone, special district or other unit of =100) by the United States Department of
government encompassing an area less than Labor, or successor agency of the United
the entire State, or any Statewide district, States Government, for the most current
or any combination thereof in existence on month in its latest official publication.
the effective date of this Article or any such (o) "State Tax Revenue Limit Popula-
entity established tliereafter. Local Entity tion-Inflation Quotient" means the number
does not include a School District. derived by dividing:
(i) "School Districts" means the entities (1) The Estimated State Tax Revenue for
specified as parts of the Public School Sys- the fiscal year 1973-74 by
tem in Article IX, Section 6, of this Const- (2) The State Population for the calendar
tution and includes Community Colleges but year 1973 as multiplied by the Consumer
does not include the State University and Price Index available to the Economic Esti-
College System. mates Commission at the time it computes
(j) "Estimated State Tax Revenues" the State Tax Revenue Limit for fiscal year
means the dollar amount of State Tax Rev- 1974-75.
Printed fit CALIFORNIA OFFICE OF STATE PRINTING
_ 6 _ A85037-862 7-73 11,000M