HomeMy WebLinkAboutNovember 6, 1990 - General Municipal Election - Charter Amen �' • RECORDING REQUESTED BY ANT.,
WHEN RECORDED MAIL TO:
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City of Huntington Beach 057419 RECORDED IN OFFICIAL RECORDS
2000 Main Street OF ORANGE COUNTY,CALIFORNIA
Huntington Beach-,_CA 92643 12:00
Attn: City Clerk
P.M. FEB - 7 1991
Q. RECORDER
n SPACE ABOVE THIS LINE FOR RECORDER'S USE
This doh Solely for the NET
Official business of the City �
of ilurat3 .EE'ton a c ';h, ns contem—
plated wid er G3`rorrnt Code
Sec. 6103 and should be recorded 4 .`
man i .
free of ch1.r7p- As: .�.,•,,
®ffiu o[ EXEMPT
�larcb lfoug �u C13
6erfetary of btate
SACRAMENTO
I, MARCH FONG EU, Secretary of State of the State of California,
hereby certify:
That the annexed transcript of page(s) was prepared by
and in this office from the record on file, of which it purports to be a
copy,and that it is full, true and correct.
��pL OF ryF IN WITNESS WHEREOF,I execute
QP: s9 this certificate and affix the Great
w ® m Seal of the State of California this
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14�tFoaN�° coca Op
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SEC/STATE Form LP 222A(Rev.9/87) 87 462" C ck `^o ���� Secretary Of$tQl2
e Charter=*O'�'pter 17 City of Huntir. ' *n Beach
e r Amendment tc. a Charter of the City of Hunti on Beach
(Filed -with Secretary of State December 7, 1990. )
First . Section 612 of the City Charter is amended to read as
follows :
J_ L B D PUBLIC UTILITIES AND PARKS AND BEACHES.
b6rrdc�al�i ldlift*
MARCH FOX Ot swebry d We (a) No public utility or park or beach or portion
thereof now or hereafter owned or operated by the City
D h shall be sold , leased; exchanged or otherwise
transferred or disposed of unless authorized by the
affirmative votes of at least a majority of the total
membership of the City Council and by the affirmative
vote of at least a majority of the electors voting on
. such proposition at a general or special election at
which such proposition is submitted .
Second . The following additional paragraph is added to Section
612 of the City Charter : (b) No golf course, driving
range, road, building over three thousand square feet
in floor area nor structure costing more than
$100, 000 . 00 may be built on or in any park or beach or
portion thereof now or hereafter owned or operated by
the City unless authorized by the affirmative votes of
at least a majority of the total membership of the
City Council and by the affirmative vote of at least a
majority of the electors voting on such proposition at
a general or special election at which such
proposition is submitted.
Third. The following additional paragraph is added to Section
612 of the City Charter : (c) Section 612(a) and (b)
shall not apply;
1. to libraries or piers;
2. to any lease, franchise, concession agreement or
other contract where;
- the contract is to perform an act or provide a
service in a public park or beach AND
- such act was being-pe.r�formed or service provided
at the same-�dlpo'ea-tron prior to January 1, 1989 AND
- the proposea�hea_sie,c�r/ranchise, concession
agreement or ,otherrcontract would not increase
the amount of pa- `kland or beach dedicated to or
used by the party performing such act or
providing such service.
Fourth. The following additional paragraph is added to Section
612 of the City Charter : (d) If any section,
subsection, part, subpart, paragraph, .clause or phrase
of this amendment, or any amendment or revision of
this amendment, is for any reason held to be invalid
or unconstitutional, the remaining sections,
subsections, parts, subparts, paragraphs, clauses or
phrases shall not be affected but shall remain in full
force and effect.
Certified to be a true copy by Peter Green, Mayor, and Connie Brockway, City
Clerk.
Date of municipal election: November 6, 1990
aE ' os Tyc General Information (916) 324-6781
Limited Partnership Division
March Fong Eu Limited Partnership Unit (916) 324-6769
923—12th Street, 3rd Floor Statutory Certification
Secretary of State Bonds and Filings Unit (916) 324-6778
Sacramento, CA 95814 Trademark Unit (916) 445-9872
C,L Ii O
December 17, 1990
Ms. Connie Brockway
City Clerk
2000 Main Street
Huntington Beach , CA 92648
Dear Ms . Brockway:
Amendments to the Charter of the City of Huntington Beach,
r4jtified by the voters at the election on November 6 , 1990 , were
f.r�e in this office on December 7 , 1990 and assigned Charter
44 Chaffer Number 17 for publication in the Statutes of 1990 .
� >{ �i
Sincerely,
` J J
MARIAN ASH, Chief
Limited Partnership Division
�J
LINDA BEAUCHAMP, Supervisor 'l
Special Filings Unit
MA:LB:cdw
9 [::0319424'
90 "?7.
This docament is solely 1,0.y, trae
*hen"kecorded Mail to:
official business of the City
City Clerk Of Huntington Beach, as oontem-
City of Huntington Beach plated under Government Code
SOO. &U3 Mid GhouLd be recorded
2000 Main Street EXENIP
I f free of efiarge.
Huntington Beach, CA 92648 C14
EXEM
CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF C14
CHARTER AMENDMENT BY IELECTORS OF THE CITY OF
HUNTINGTON BEACH AT A GENERAL MUNICIPAL ELECTION
RECORDED IN OFFICIAL RECORDS
HELD ON NOVEMBER 6, 1990. OF ORANGE COUNTY,CALIFORNIA
1:0 IN 8
STATE OF CALIFORNIA PM 0 JA 2 1991
COUNTY OF ORANGE )ss
CITY OF HUNTINGTON BEACH) OZge� e2.c/&aw,�RECORDER
We, the undersigned, Peter Green, Mayor of the City of Huntington Beach,
and Connie Brockway, City Clerk of said City, do hereby certify and declare as
follows:
That the City of Huntington Beach, in the County of Orange, State of
California, is now and at all times herein mentioned was a municipal
corporation, duly organized and existing under and pursuant to the provisions of
a Charter adopted in accordance with the provisions of the Constitution of the
State of California by the electors of said City on the 29th day of April 1937,
and thereafter duly Adopted by-Assembly and the Senate of the State of
California on May i2, 1937 andffkV13, 1937 respectively.
That on the 16th day of July, 1990 the City Council of the City of
Huntington Beach passed and adopted Resolution No. 6187 calling for a General
Municipal Election to be held in the City of Huntington Beach, on November 6,
1990, for the purpose of submitting to the electors of said City a certain
measure to appear upon the ballot, proposing a certain amendment to the
RECORDED IN OFFICIAL RECORDS
aforesaid Charter. (Exhibit A) OF ORANGE COUNTY,CALIFORNIA
IP:30
PM DEC 10 1990
Rerecording is requested because the Charter Chapter number
and the date filed was not filled in on Exhibit A. e2t/-6�RECORDER
f
e
r
A"
t
They further declare that the foregoing constitutes a true and correct
statement of the proceeding had by the City of Huntington Beach and the City
Council of said City in the presentation of said amendment to the Charter of
the City of Huntington Beach and the election held thereon.
IN NA ITNESS WHEREOF we have hereunto set our hands and affixed the
official seal of the City of Huntington Beach in Huntington Beach California on
the 0h day of December, 1990.
-------------*0-1`--�—
Peter Green
Mayor
Connie Brockway
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
On this day of before me,
a Kota Public in and .,7Y� 3
Notary for said. bounty an._ State, �,_��enaliy appeared
known to me to be the Mayor
and v known to me to be the City Clerk
of the City of Huntingto %`Beach, the municipal corporation that executed
the within instrument, known to me to be the persons who executed the
Within instrument on behalf of said municipal corporation and acknowledged
to me that such municipal corporation executed the same.
OFFICIAL SEe�l1,
:. W*tar;, €'ut)tic cattfomfe
ORANGE COUNTY
My coma. exp. JuY8, 1991
2.
Charter -' apter 17 City of Hunting on Beach
Amendment tQ ie Charter of the City of Hunt -! ton Beach
(Filed with Secretary of State Decembei 7 , 1990. )
First . Section 612 of the City Charter is amended to read as
follows :
PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion
thereof now or hereafter owned or operated by the City
shall be sold, leased, exchanged or otherwise
, transferred or disposed of unless authorized by the
affirmative votes of at least a majority of the total
membership of the City Council and by the affirmative
vote of at least a majority of the electors voting on
such proposition at a general or special election at
which such proposition is submitted .
Second . The following additional paragraph is added to Section
612 of the City Charter : (b) No golf course, driving
range, road, building over three thousand square feet
in floor area nor structure costing more than
$100, 000 . 00 may be built on or in any park or beach or
portion thereof now or hereafter owned or operated by
the City unless authorized by the affirmative votes of
at least a majority of the total membership of the
City Council and by the affirmative vote of at least a
majority of the electors voting on such proposition at
a general or special election at which such
proposition is submitted.
Third . The following additional paragraph is added to Section
612 of the City Charter : (c) Section 612(a) and (b)
shall not apply;
1. to libraries or piers;
2 . to any lease, franchise, concession agreement or
other contract where;
- the contract is to perform an act or provide a
service in a public park or beach AND
- such act was being performed or service provided
at the same location prior to January 1, 1989 AND
the proposed lease, franchise, concession
agreement or other contract would not increase
the amount of parkland or reach dedicated to or
used by the party performing such act or
providing such service.
Fourth. The following additional paragraph is added to Section
612 of the City Charter : (d) If any section,
subsection, part, subpart, paragraph, clause or phrase
of this amendment, or any amendment or revision of
this amendment, is for any reason held to be invalid
or unconstitutional, the remaining sections,
subsections, parts, subparts, paragraphs, clauses or
phrases shall not be affected but shall remain in full
force and effect.
Certified to be a true copy by Peter Green, Mayor, and Connie Brockway, City
Clerk.
Date of municipal election: November 6, 1990
"EXHIBIT A"
BE ft'I OF Th
General Information (916) 32476781
Limited Partnership Division
9M March Fong Eu Limited Partnership Unit (916) 324-6769
923—12th Street, 3rd Floor
Secretary f State Statutory Certification
y o Bonds and Filings Unit (916) 324-6778
Sacramento, CA 95814 Trademark Unit (916) 445-9872
C4LIFONN%
December 17, 1990
Ms . Connie Brockway
City Clerk
2000 Main Street
Huntington Beach , CA 92648
Dear Ms " Brockway:
Amendments to the Charter of the City of Huntington Beach ,
rktified by the voters at the election on November 6 , 1990 , were
f-I e�?in this office on December 7, 1990 and assigned Charter
chap-ter Number 17 for publication in the Statutes of 1990 .
Sincerely,
MARIAN ASH, Chief
Limited Partnership Division
VVL t-o'�Y
LINDA BEAUCHAMP, Supervisor
Special Filings Unit
MA:LB:cdw
CITY OF HUNTINGTON BEACH
r,
2000 MAIN STREET CALIFORNIA 928.48
OFFICE OF THE CITY CLERK
Ms. Cindy Pon
Secretary of State
Limited Partnership Division
923 12th Street, Suite 301
Sacramento, CA 95814
Dear Ms. Pon:
Enclosed please find the documents required to be filed to make effective
Charter Amendment (Measure C) as ratified by the electors of the City of
Huntington Beach at the General Municipal Election held November 6, 1990.
Please certify the amendment.
Please call me at (714) 536-5227 if you need additional information.
Sincerely,
Connie Brockway, CMC
City Clerk
CB:ln
Enclosures
(Telephone: 714-536.5227)
Oki CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
State of California
County of Orange
City of Huntington Beach
I, Peter Green , Mayor in and for the City of Huntington Beach, California, do
hereby certify and authenticate that the following are full, true and correct copies
of documents required'to be submitted to the Secretary of State of the State of
California, pursuant to a General Municipal Election held in the City of Huntington
Beach on the 6th day of November, 1990.
1. Certificate of Proceedings in Adoption of Charter Amendment — (Measure Q.
2. Complete text of Amendment to Charter Section 612 — (Measure Q.
3. Certified copy of the Offical Sample Ballot and Voter Information Pamphlet.
4. Proof of Publication of Notice of Election.
S. Certificate of Registrar of Voters, County of Orange, to Result of the Canvass
of the General Election Returns.
IN WITNESS WHEREOF, I have hereunto set my hand this 4rd of December, 1990.
Peter Green, Mayor
City of Huntington Beach
DATE: December 4, 1990
ATTEST:
g�K-vConnie Brockway
City Clerk
DATE: December 4, 1990
(Telephone: 714-536-5227)
. l
When Recorded Mail to:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA :92648
CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF
CHARTER AMENDMENT BY ELECTORS OF THE CITY OF
HUNTINGTON BEACH AT A GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 6, 1990.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF HUNTINGTON BEACH)
We, the undersigned, Peter Green, Mayor of the City of Huntington Beach,
and Connie Brockway, City Clerk of said City, do hereby certify and declare as
follows:
That the City of Huntington Beach, in the County of Orange, State of
California, is now and at all times herein mentioned was a municipal
corporation, duly organized and existing under and pursuant to the provisions of
a Charter adopted in accordance with the provisions of the Constitution of the
State of California by the electors of said City on the 29th day of April 1937,
and thereafter duly Adopted by Assembly and the Senate of the State of
California on May 12, 1937 and May 13, 1937 respectively.
That on the 16th day of July, 1990 the City Council of the City of
Huntington Beach passed and adopted Resolution No. 6187 calling for a General
Municipal Election to be held in the City of Huntington Beach, on November 6,
1990, for the purpose of submitting to the electors of said City a certain
measure to appear upon the ballot, proposing a certain amendment to the
aforesaid Charter.
1.
�1
They further declare that the foregoing constitutes a true and correct
statement of the proceeding had by the City of Huntington Beach and the City
Council of said City in the presentation of said amendment to the Charter of
the City of Huntington Beach and the election held thereon.
IN WITNESS WHEREOF we have hereunto set our hands and affixed the
official seal of the City of Huntington Beach in Huntington Beach California on
the 4+-k day of December, 1990.
Peter Green
Mayor
Connie Brockway
City Clerk
The foregoing instrument is a correct c--ly of
the oriai ,! en file in this cfrice.
Attest l
-------------- - ------
City Clerk an,-J Ex-Officio Clerk of t:'
Cou7.cil of the City of HLintinnton
2.
POLLS PLa AT 7 A.M. AND CL .�--..., AT 8 P.M.
NOTE: Your POLLING PLACE LOCATION,
the COMPLETE SAMPLE BALLOT, and
the ABSENTEE VOTER APPLICATION
are being mailed under separate cover
as required by the
Orange County Registrar's Office,
which is conducting this election®
CONNIE BROCKWAY, CITY CLERK BULK RATE
CITY HALL,2000 MAIN STREET U.S. POSTAGE
P. 0. BOX 190
HUNTINGTON BEACH, CALIFORNIA 92648 PAID
(714) 536-5227 Huntington Beach,CA
Permit No. 23
5450
Ballot Type
The foregoin f instrument is a correct copy of
the origii-,al ,o/n/file in this office. G�
Attest -----/V' ......I.....1419--
' --------------
-- ---- - --
City Clerl, and Ex-Officio Clerk of the Ci
Council of t'r;e City of Huntington Beach, Cal.
:JTICE OF_GENERAL MIJI ?AL"ELECTION/ l'
CITY-Or-HUNTIIVtC tr""'rd 'gE CR
NO`i'lCE IS HEREBY GIVEN that a General Municipal Election will be held in the
i_ty of Huntington Beach consolidated with the General Election.on Tuesday,
ovember 61 1990,,for the following Officers and Measures.
OFFICERS
or four (4) Members of the City Council — (Full term of 4 years)
or a City Attorney — (Full term of 4 years)
If no one or only one Gerson is nominated for an elective office, appointment to
ie elective office may be made as prescribed by Section 22843.5 or 22844,
lections Code of the State of California.
IEASURE C TITLE: A CHARTER AMENDMENT TO RESTRICT THE SALE,
EASE, EXCHANGE AND DEVELOPMENT OF CITY-OWNED OR OPERATED
ARK AND BEACH LANDS.
IEASURE C SUMMARY:
This proposed ballot measure would amend section 612 of the City Charter to
ipose a restriction on the disposition and use of park and beach lands of the
ity.
Any sale, lease or other disposition of park or beach lands would be subject to
ie prior affirmative vote of a majority of the members of the City Council and of
ie electors voting thereon at an election mandated by the measure. Such
Dprovai is also required prior to construction of any road, golf course, driving
Inge, building larger than 3,000 sq./ft. in floor area or of any structure costing
ore than $100,000.00 within any City-owned or operated park or beach.
Existing leases, franchise and concession agreements and renewals of such
]reements on parks or beach lands which are being performed on January 1,
389, would be exempt from approval requirements.
MEASURE C
Should the City of Huntington Beach City Char-
ter be amended to require that no City park or YES
beach may be sold, leased, exchanged or trans-
ferred or improved with a golf course, driving
range, road, building over 3,000 square feet in
floor area, nor structure costing more than
$100,000 without the affirmative votes of at least
a majority of the total membership of its City NO
Council and of the electors voting on such
proposition at a general or special election? -
MEASURE D TITLE: A CHARTER AMENDMENT TO RESTRICT THE SALE OF
TY-OWNED PARK AND BEACH LANDS.
MEASURE D SUMMARY:
This proposed alternative ballot measure would amend section 612 of the City
carter to impose a restriction on the sale of park and beach lands of the City.
Any sale of park or beach lands would be subject to the prior affirmative vote
a majority of the members of the City Council.and of the electors voting
Freon at an election mandated by the measure
MEASURE D
-Should the City of Huntington Beach Charter be YES
amended to require that no City park or.beach
may be sold without the.affirmative,v.otes.of at
least:`a.majority of.th.e-total membership of its
City Council and of the electors voting on such NO
he Nolls vvill be open between,the�hours of7 00 a m and�8 00 p m
Jr.,
t l
3NNIE BROCKWAY
i
T.Y.CLERK„
1 •
ted ..August 13, 1990
._......... - ---- -----'
,Iuthoized to Publish Advertisements of nds including
public notices by Decree of the Superior Court of Orange
County, California, Number A-6214, September 29, 1961, and
A-24831 June 11, 1963
STATE OF CALIFORNIA
County of Orange
I am a Citizen of the United States and a
resident of the County aforesaid-, I am over the
age of eighteen years, and not a party to or
interested in the below entitled matter. I am a
principal clerk of the ORANGE COAST DAILY
PILOT, a newspaper of general circulation,
printed and published in the City of Costa Mesa,
County of Orange, State of California, and that
attached Notice is a true and complete copy as
was punted and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain
Valley, Irvine, the South Coast communities and
Laguna Beach issues of said newspaper to wit
the issue(s) of:
August 17 , 23 , 27 , 1990
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on August 27 , 199 0
at Costa Mesa, California. The foregoing instrument is a correct copy of
the original on file in this office.
(rl Attest
Signature
------------------
City Clerk and. Ex-Officio Cierl< of e City
Council of the City of Huntington Beach, Cal.
PROOF OF PUBLICATION
ME
OFFICIAL
SAMPLE BALLOT
and Voter Information Pamphlet
GENERAL MUNICIPAL ELECTION
TUESDAY, NOVEMBER 6, 1990
Compiled and Prepared by
CONNIE BROCKWAY,CITY CLERK
[POLLS 01PEM AT 7 A.M. z.%H13 CLOSE AT 0 [P.M.
w 'm
I HAVE VOTED-HAVE YOU? I HAVE VOTED-HAVE YOU?
CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH
Vote for no
Member,City Council more than Four � Should the City of Huntington Beach
GRACE WINCHELL City Charter be amended to require
Councilwoman/University Counselor + that no City park or beach may be sold,
leased, exchanged or transferred or im-
PAUL COOK + proved with a golf course, driving range, YES +Local Businessman road, buildingover 3,000 square feet in
DIRK VOSS floor area, nor structure costing more than
Marine Patrol Officer + $100,000 without the affirmative votes of at NO +
JACK KELLY least a majority of the total membership of IVI
} its City Council and of the electors voting on
Local Businessman such proposition at a general or special
GEORGE E. ARNOLD + election?
Self Emplo ed
EARLE ROBITAILLE + ® Should the City of Huntington Beach
Retired Police Chief Charter be amended to require that no
STEVEN J. ROY City park or beach may be sold without the
Carpenter + affirmative votes of at least a majority of the YES +
ED MOUNTFORD total membership of its City Council and of
+ the electors voting on such sale? �-
Planning Commissioner/Businessman NO
MARK PORTER
Manager +
TONY,PASSANNANTE +
PhannacistBusi uss Owner
LINDA MOULTON PATTERSON +
Member,Huntington Beach Union High School District Board of Trustees
+ B
+
+ L
City Attorney Vote for One
GAIL,HUTTON
City Attorney +
PAUL EUGENE MANN +
® Practicing Attorney-At-Law
T
30410D VOTE BOTH SIDES D 309081 VOTE BOTH SIDES I
VOTER INFORMATION
PAMPHLET
The following pages contain
CANDIDATE'S STATEMENTS
together with the
BALLOT MEASURES, ANALYSES,
ARGUMENTS AND REBUTTALS
(whichever is applicable to your ballot)
CANDIDATE'S STATEMENTS
Although all candidates had the opportunity to submit a statement, the following pages
may not contain a complete list of candidates. A complete list of candidates appears on
the sample ballot. Each statement is volunteered by the candidate and is printed at the
candidate's expense.
Some of the following pages may contain proposed charter amendments. The portions
to be deleted are printed in/j�#KO/�Oj type,and the portions to be added are underlined.
Arguments in support of or in opposition to the proposed laws are the opinions of the
authors and have not been checked for accuracy by any official agency.
MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL
GRACE WINCHELL JACK KELLY
Age: 52 Age: 63
Occupation: Incumbent Councilwoman/University Occupation: Local Businessman
Counselor
I am a moderate in business and politics. We are just a blink away
My four year record as Councilwoman, my seven year record as from the turn of the century. Anticipating inevitable change and
Planning Commissioner, and my twenty-one year record of preparing for it is the true challenge of Grass Roots Government.
community service demonstrate my commitment to a better My previous two terms as Huntington Beach Councilperson (1980-
Huntington Beach. 1988) allowed me to help organize the positive agenda for
Like you, I support the preservation and enhancement of our controlled growth we are now engaged in. In my capacity as
beaches, parks, libraries, cultural arts, and wetlands. I have Mayor for two terms, my leadership assisted in bringing about
insisted that our police, fire, and other safety services be the best Redevelopment of Downtown, badly needed flood control
equipped and staffed in Orange County. I have worked for traffic improvements and protection of the wetlands as well as a drastic
solutions, reducing flood risk, and toxic waste cleanup. I have reduction of housing in the Bolsa Chica. I feel compelled to raise
supported improved senior services and facilities. my hand once more to seek active participation in the decisions on
how best to help guide our city into the 90's. With both City
I will continue to vote for a well-balanced community containing a Council experience and as a local business owner I believe
mixture of residential, commercial, and industrial areas. All three of progress and growth can be mastered and merged with
these land uses are necessary for a financially healthy city. conscientious environmental integrity. As in the Bolsa Chica, one
I will continue to work against any new development which fails to cannot survive without the other if Huntington Beach is to continue
pay its fair share. New development cannot be allowed to become on the path to enrichment. I dedicate my service to help balance
our tax burden. these issues which fall with equal force on all our shoulders. 1
As your Councilwoman, I will continue to use the knowledge that I respectfully ask your favorable consideration of my candidacy.
have gained from my public service to anticipate and respond to Thank you.
your individual needs. Jack Kelly
I will vote to preserve and enhance our quality of life and our City's
assets. You can help by Re-electing Grace Winchell to the
Huntington Beach City Council.
Grace H.Winchell
PAUL E.COOK EARLE ROBITAILLE
Age: 53 Age: 59
Occupation: Local Businessman Occupation: Retired Police Chief
Paul E. Cook is a: As police Chief of Huntington Beach for 18 years, and a resident
25 year resident of Huntington Beach. for 22 years, I am aware of most of the city's problems. My wife
Married and the father of four children, and I have been married for 39 years and our four children and four
Local businessman and property owner. grandchildren have been raised and educated in Huntington Beach.
Certified expert on traffic and transportation. I earned a Masters Degree in Public Administration from U.S.C.
Paul E. Cook is an active member of: For the past two years I have worked as'a Marketing Manager and
Huntington Beach Chamber of Commerce. a Technical Marketing Consultant in the computer industry.
Boys and Girls Club of Huntington Valley. M or civic concerns are:
Huntington Beach Youth Shelter. y major
Huntington Beach International Surfing Museum Foundation. The improvement of public safety.
Paul E. Cook was instrumental in: The improvement of the City infrastructure (streets, water,
sewers,etc.).
The organization of the Huntington Harbour Clean Water The improvement of the economic health and growth of
Committee. Huntington Beach.
Constructing the beautiful coastal Blufftop Park. Increasing the availability of athletic and recreational facilities.
Securing millions of dollars to fund flood control improvements. The provision of services to the growing Senior Citizen
Paul E. Cook has provided the leadership to: population.
Win the fight against developing the Bolsa Chica wetlands into Resolution of the city's longstanding flood control problems.
a marina and hotel complex. I fully support the redevelopment efforts in the old Downtown area.
Improve blighted conditions in the Oakview area.
Close Meadowlark Airport. I had the honor to be selected as Huntington Beach Citizen of the
Resolve the crime and drug problems at Commodore Circle. Year in 1979 and I have received the endorsement of the
Finally begin redevelopment in downtown Huntington Beach. Huntington Beach Police Officers Association in this election.
Please join the many hundreds of citizens supporting PAUL E. Earle Robitaille
COOK to be our next City Councilman-a Leader for the 1990's.
"I want to serve the residents of Huntington Beach as a
City Councilman to improve our quality of life today and
in the future."
Paul E. Cook
MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL
STEVEN J. ROY MARK PORTER
Age: 32 Age: 53
Occupation: Carpenter Occupation: Manager
Your apprehensions and anxieties about current issues are my --Like many of you, Huntington Beach has been our home for
main concern. several years.
With your support,together we will begin to form public policies --My wife and I raised our family here.
that truly reflect the consensus of the people that make up this - Involvement since 1963:
great city. Service on the Huntington Beach Planning Commission (13+
Issues like the budget, education, traffic, crime, jobs, controlled years),and in many local church, civic and youth organizations has
development, the environment, public safety and parks and convinced me of the need for sensible development in Huntington
beaches are just a few of the issues that we can solve together Beach.
with hard planning and common horse sense. --Many issues face Huntington Beach, but few affect us like the
Just as I'm sure that god made little green apples, I'm sure that following:
united and together we can build a model city that future - Open space-Parks-beaches-wetlands.
generations will be proud to inherit. Areas vital to Huntington Beach.
Thank you for your support. I will seek ways to protect and expand these resources.
I will fight for your right to vote on how they will be managed.
Steven J.Roy - Traffic-It's bad and getting worse.
I will insist on solutions that lessen impact and promote creation of
local jobs,reducing commutes.
- Development
If it's not sensible and planned, development will impact vital City
services:
- Police,Fire, Paramedics, Lifeguards.
I will demand that these service levels are properly maintained.
- Integrity
You've seen the City Council follow the "big money", special
interests and ignore the citizens.
Want to change that?
Need a councilman that listens? Call me at 968-3931 and:
Mark P-O-R-T-E-R on your ballot November 6th.
Thank You
Mark Porter
ED MOUNTFORD ANTHONY PASSANNANTE
Age: 34 Age: 64
Occupation: Planning Commissioner/Businessman Occupation: Pharmacist/Small Business Owner
Education: B.A.; M.A.-Government Administration. Solutions regarding traffic congestion would be one of my primary
This election is critical to the future of Huntington Beach as we concerns as a city councilman. As a member of the Huntington
approach the 21 st Century. Ethical leadership that is responsive Beach Growth Management Committee, I became better
to community desires is essential. As a Huntington Beach acquainted with problems of Traffic, Growth, Police and Fire
Planning Commissioner, I have fought hard to provide residents Departments; our efforts being directed toward the required studies
with a quality environment while maintaining economic prosperity and analysis thereby presenting financial options which would
for the City, provide necessary revenues to implement funding requirements.
My wife and I grew up in this area and are now raising our children We want a safe and healthy environment in which to raise a family.
here. Before entering the private sector, my experience was in We must secure a downtown which families can enjoy together.
local government, serving as an advisor to County leaders on As a "ride along" observer with the Police Department on several
environment and government finance matters. I served 3 years on occasions, I am now convinced that the Police Department be
the South Coast Air Quality Management District Board of represented as a part of the City's planning process, so that the
Directors and worked as a transportation project manager. Redevelopment areas or new developments optimize security
My goals as City Councilman will be: continuing downtown standards.
revitalization; rebuilding our pier; creating neighborhood Senior citizens are high on my list of priorities. Whenever possible
preservation programs; allocating redevelopment funds for senior I will fight for senior rights, senior housing and support of the
housing; accelerating flood control improvements; reducing traffic Council on Aging.
congestion; providing affordable housing; adding facilities for youth I am totally committed to the protection and salvation of our
programs; making Linear Park a reality. environment for future families in Huntington Beach.
As your City Councilman, I will be accessible to you as together we Anthonyassannante
shape the future of Huntington Beach. I appreciate your support. y
If you have any questions regarding my position on city issues,
please call me at 843-6860.
Ed Mountford
MEMBER OF THE CITY COUNCIL CITY ATTORNEY
LINDA MOULTON PATTERSON GAIL HUTTON
Age: 47 Age: 53
Occupation: Businesswoman/School Board President/ Occupation: Huntington Beach City Attorney
Community Services Commissioner
Education: B.A. History University of California; Enforcing criminal laws, cutting costs and ensuring that all citizens
Masters Public Administration, CSULB have full access to our city government are my top priorities as
Offices/Memberships: your City Attorney.
President, Board of Trustees, Huntington Beach High School
District; I have increased the quality of legal service while reducing the City
Charter Officer, No on Drugs in Schools(NODS); Attorney's percentage of total city spending by nearly one-third.
Huntington Beach Chamber of Commerce;
Community Chair, Huntington Beach Boys,and Girls Club; During the past twelve years i have prosecuted all the city's
Director, United Wayy/March of Dimes; municipal code violations, including prosecutions for land use,
Communications CFiair American Heart Association; alcohol,fire and building code violations.
Friends of Huntington beach Library;
Representative, Orange County Department of Education on Drug I work closely with the Huntington Beach Police Department to
Abuse; make our neighborhoods safe. We have also worked together to
League of Women Voters; Community United Methodist Church.Endorsements: Protect our city' g s right to enforce traffic laws in coastal areas.
Huntington Beach Police Officers Association; As your City Attorney, I provided emergency legal leadership
Huntington Beach Firefighters Association;os de Bolsa Chica;Ami responding to the 1990 oil tanker spill along our coast.
g
Huntington Beach Mobilehome Owners Association; My office was instrumental in resolving problems of neighborhood
Huntington Beach Tomorrow; blight at Commodore Circle.
California Teachers Association;
As a mother of two children, wife of former Congressman Jerry I spearheaded the first legal challenge to the State's current
Patterson, and successful businesswoman, I worked to make programs to spray malathion poison over residential populations in
Huntington Beach more family oriented, and promise my our city.
commitment to:
Save our parks and beaches from private development or sale. I supervised the City's winning defense of $100 million worth of
Protect and reserve our wetlands.
Redevelop downtown 'village style,"not high rise/density. flood claims in Orange County's longest jury trial.
No new taxes,cut waste to balance budget. I hope to have your support...
Keep drugs and gangs out of our neighborhoods.
Be responsive to the people, not big developers and back room deals. Gail Hutton
Demand traffic solutions be paid for by the development
generating it.
Support senior citizen rights, senior housing and Council on
Aging.
Your vote for me ensures openness and integrity.
Linda Moulton Patterson
PAUL EUGENE MANN
Age: 53
Occupation: Attorney at Law
For the last 11 years, like you I've been raising my children in
Huntington Beach.
For over 20 years I've run a law practice.
I was a Deputy City Attorney for Los Angeles.
For 17 years I've been a Judge Pro-Tem.
I was on the Los Angeles District Attorney's Advisory Committee.
I am a Trial Lawyer-the kind our city needs
I devote my spare time to fighting drugs and gangs and promoting
and encouraging young people's sense of self worth, including
coaching the Mock Trial Team of Marina High School.
I know how to lead a legal staff. In fact, the Orange County Legal
Secretaries Assn.voted me"Boss of the Year".
Your vote will help the City of Huntington Beach elect a real City
Attorney!
Paul Eugene Mann
Fourth. The i,,00wing additional paragraph is
MEASURE C added to Section 612 of the City Charter:
(d) If any section, subsection, part,
subpart paragraph clause or phrase of
First. Section 612 of the City Charter is amended this amendment, or any amendment or
to read as follow: revision of this amendment, is for any
reason held to be invalid or
$4WV/ Q13VJ0/k0T1U " unconstitutional the remaining sections,
PUBLIC UTILITIES AND PARKS AND BEACHES. subsections parts, subparts, paragraphs,
clauses or phrases shall not be affected
(a) No public utility or park or beach or but shall remain in full force and effect.
portion thereof now or hereafter owned or
operated by the City shall be sold, leased,
exchanged or otherwise transferred or
disposed of unless authorized by the
affirmative votes of at least a majority of the
total membership of the City Council and IMPARTIAL ANALYSIS
by the affirmative vote of at least a majority OF MEASURE C
of the electors voting on such proposition
at a general or special election at which
such proposition is submitted. This proposed ballot measure would amend
section 612 of the City Charter to impose a restriction
Second. The following additional paragraph is on the disposition and use of park and beach lands of
added to Section 612 of the City Charter: the city.
(b) No golf course, driving range, road, Any sale, lease or other disposition of park or
building over three thousand square feet in beach lands or portion thereof now owned or hereafter
floor area nor structure costing more than owned or operated by the city would be subject to the
$100,000.00 may be built on or in any park prior affirmative vote of a majority of the members of
or beach or portion thereof now or the City Council and of the electors voting thereon at
hereafter owned or operated by the City an election mandated by the measure. Council and
unless authorized by the affirmative votes voter approval is also required prior to construction of
of at least a majority of the total any road, golf course, driving range, building larger
membership of the City Council and by the than 3000 square feet in floor area or of any structure
affirmative vote of at least a majority of the costing more than $100,000.00 within any city owned
electors voting on such proposition at a or operated park or beach.
general or special election at which such Exempted from approval requirement are
proposition is submitted. libraries, piers, existing leases, franchise and
concession agreements or other contracts in cases
Third. The following additional paragraph is where:
added to Section 612 of the City Charter: 1. a contract is to perform an act or provide a
(c) Section 612 (a) and (b) shall not apply: service in a public park or beach, which act
1. to libraries orpiers: or service was already being performed on
2. to an)lease, franchise, concession January 1, 1989; and
agreement or other contract where: 2. there is no increase in the quantum of park
_ the contract is to perform an act or or beach land dedicated to or used by the
provide a service in a public park or party performing such act or used for such
beach AND previously authorized act or service.
such act was being performed or
service provided at the same GAIL HUTTON
location prior to January 1, 1989 AND City Attorney
the proposed lease, franchise,
concession agreement or other
contract would not increase the
amount of parkland or beach
dedicated to or used by the party
performing such act or providing
such service.
ARGUMENT IN FAVOR OF REBUTTAL TO ARGUMENT IN
MEASURE C FAVOR OF MEASURE C
The Amendment before you allows the citizens of Don't be fooled by Measure C. If you read the fine
Huntington Beach to have a direct vote in any future print, it is designed to exclude the majority of
commercial development or sale of the city's parks residents, young and old alike, from enjoying the full
and beaches. Currently, citizen participation is use of our parks and beaches. The sponsors have a
indirect. Knowledgeable citizens may contact their vested interest in keeping our park system
elected city council with opinions. The city council incomplete. They are a special interest group, a
then makes their final decisions. minority of residents, who want to keep our kids,
This system has failed. Information concerning seniors and the rest of us out!
potential commercial development within the city's MEASURE C will require a general election or costly
parks and beaches, and information concerning ($100,000) special election for any expansion or
important park land transactions, has not been improvement to our park system larger than 3,000 sq.
reaching the citizens of Huntington Beach. The ft.or costing more than$100,000.
citizens cannot participate in these vital decisions
unless our elected officials disseminate the needed MEASURE C will jeopardize the proposed Rodgers
information. Senior's Center Expansion, the Youth Shelter, the
The Charter Amendment will correct these Youth Sports Center and the implementation of the
deficiencies. The Amendment will require that any Linear Park in the Bolsa Chica. In addition, most
major commercial development or land sale within the improvements such as landscaping, restrooms, bike
parks and beaches of Huntington Beach be approved paths, basketball courts, baseball diamonds, soccer
by a majority of the voters at a general election. A fields cannot be done if costing over$100,000 without
special election is not required. The Charter a general election or special election.
Amendment guarantees the public be informed of any MEASURE C is unwieldy, restrictive, expensive, flawed
proposed park changes, allows full public debate on and poorly written. It is a divisive and costly solution to
these matters, and, finally, allows the public a direct a non-existent problem and is guaranteed to be a
vote on development or sale of these public lands. bureaucratic nightmare.
Improvements such as landscaping, restrooms, We taxpayers don't need the expense of additional
paths, picnic tables, basketball courts, baseball elections and political campaigns. Let's spend our
diamonds, soccer fields, etc. can be done without a money on park improvements for all of us.
vote. Future pier and library projects are exempt from
the Charter Amendment as are existing leases. VOTE NO ON MEASURE C and protect our kids,
Within a decade Huntington Beach will reach build- seniors and the majority of our residents' rights to
out. The only remaining vacant land will be your parks enjoy the full use of our parks and beaches.
and beaches. Voting YES on the Charter Amendment
will place control of your public park land in the voter's
hands and out of the reach of developers and special Tom Duchene, H. B.Youth Sports Committee
interest groups.
James Townsend, Citizen/Senior
Grace Winchell, H.B. Councilmember Art Aviles Jr., President, H.B. Chamber of Commerce
Ruth Finley,former H.B. Mayor Jim Silva, Councilman
Geri Ortega,Chairman H.B. Planning Commission Wes Bannister, Councilman
Debbie Cook,Chairman SAVE OUR PARKS
Norma Brandel Gibbs,former Mayor
I
ARGUMENT AGAINST REBUTTAL TO ARGUMENT
MEASURE C AGAINST MEASURE C
The only threat to our parks and beaches is this Those who are opposed to Measure C have either not
measure. The Huntington Beach parks and recreation read this measure or are intentionally trying to mislead
system now has over 1700 acres and an additional you. Here are the facts.
1100 recreational acres are to be added. The City of H.B. owns 641 acres of park land, half of
Unfortunately over 500 acres of existing park land is which is Central Park. Central Park was created by the
still dirt lots and abandoned oil fields. citizens at the ballot box. Special interests are
Voting for this measure will: constantly pressuring our elected officials to surrender
Stop expansion of recreational facilities for our kids. public land for their private use. Thirty-five separate
projects ranging from RV parks to toxic transfer
Jeopardize the completion of much needed park stations to hotels have been studied for the
and recreation improvements. undeveloped portions of Central Park.
Require money to be spent on elections rather than The City owns one mile of beach. Developers are
on the enhancement of our park system. proposing lease agreements to build semi-private
All sports and recreation facilities, whether they be clubs and exclusive restaurants on the ocean side of
kids' ball fields, an extension of the bike path, the Pacific Coast Highway.
youth sports center or additional equestrian trails and Those opposed to Measure C are the special interest
nature centers, will require either a general election, or groups seeking to take our recreation land for the
a $100,000 special election. You and I will bear the purpose of their financial gain.
cost of these elections.
What Measure C does do is give the voters the right to
Who will organize and run the campaigns? Our kids? review sales, leases, transfers and exchanges of park
How will park and recreation improvements make the and beach land.
ballot? Who will convince the voter across town to pay
for the park improvements in your neighborhood? Will Ball fields, bike paths, sports fields, equestrian trails,
you vote and pay for improvements in theirs? nature centers, basketball courts, small restaurants,
restrooms, showers, picnic tables, and landscaping
Our representative government has proven itself to be are permitted under Measure C and a vote is not
the most effective and responsive. If we don't like our required. Special elections are never required.
representatives' decisions, we can replace them. The
sponsors of Measure C want to overthrow the system, Join every public interest group, environmental group,
not improve it! the overwhelming majority of residents, and respected
This measure is a divisive and costly solution to a non- public officials. Vote yes on Measure C. SAVE OURPARKS AND BEACHES!
existent problem.
Don't let special interest groups politicize our park
system and divide our community. The sponsors of Grace Winchell, Councilwoman
this measure have a vested interest in keeping our Geri Ortega, Chairman, Huntington Beach Planning
park system incomplete and unsafe. They are the few Commission
who want to keep you and our kids out!
LET'S SPEND OUR MONEY ON PARK Mark Porter, Former Chairman, Huntington Beach
Planning Commission
IMPROVEMENTS FOR OUR KIDS, NOT COSTLY
POLITICAL CAMPAIGNS FOR SPECIAL INTEREST
GROUPS.
VOTE NO ON MEASURE C
Jim Silva,Councilman,City of Huntington Beach
Pat Davis,Citizen, Huntington Beach
Tom Duchene, Huntington Beach Youth Sports
Committee
Art Aviles, Jr., President, Huntington Beach Chamber
of Commerce
MEASURE D IMPARTIAL ANALYSIS OF MEASURE D
First: Section 612 of the City Charter is amended This proposed ballot measure would amend section
to read as follows: 612 of the City Charter to impose a restriction on the
sale of park and beach lands of the City.
Any sale of park or beach lands or portion thereof
SALE OF PUBLIC UTILITIES now owned or hereafter owned by the City would be
AND PARKS AND BEACHES subject to the prior affirmative vote of a majority of the
members of the City Council and of the electors voting
Lal No public utility now or hereafter thereon at an election mandated by the measure.
owned or operated by the City shall be sold,
leased or otherwise ff��i; ¢I'f¢af/�f disposed Exempted from such approval requirements are
of unless authorized by the affirmative votes sales to another government agency for continued use
of at least a majority of the total membership as a park or beach.
of the City Council and by the affirmative GAILvote of at least a majority of the electors City
HUTTON
C
voting on such proposition at a general or City Attorney
special election at which such proposition is
submitted.
Second: The following additional paragraph is added
to Section 612 of the City Charter: (b) No
park or beach or portion thereof now or
hereafter owned by the City shall be sold,
except to another governmental agency for
continued use as a park or beach, unless
authorized by the affirmative votes of a
majority of the total membership of the City
Council and by the affirmative vote of a
. majority of the electors voting on such
proposition at a general or special election
at which such proposition is submitted.
Third: The following additional paragraph is added
to Section 612 of the City Charter: c if an
section, subsection, part, subpart,
paragraph, clause or phrase of this
amendment, or any amendment or revision
of this amendment, is for any reason held to
be invalid or unconstitutional the remaining
sections, subsections, parts subparts
paragraphs, clauses or phrases shall not be
affected but shall remain in full force and
effect.
ARGUMENT IN Fk.JR OF REBU. i ALTO ARGUMENT
MEASURE D IN FAVOR OF MEASURE D
Measure D, the Developers measure is, in fact,
Freedom of Choice. sponsored by a "greedy developer", as was pointed
out in a Daily Pilot editorial. Developers support the
It is the foundation of our democratic system. And it's long-term lease provision of Measure D since these
what Measure D gives each and every citizen of leases are essentially sales.
Huntington Beach. Measure D allows City Council to grant commercial
Freedom to choose not to have our public parklands leases of parks and beaches to private groups. The
and beaches sold off to greedy developers. argument in favor of "D" makes no mention of equal
Freedom to choose that our kids and their children will park access to all Little Leagues, all Pop Warner
be able to play ball, to swim, to go to the gym in our Football, all boys and girls youth soccer, or any girl's
own parks. softball. Even adults would be restricted from using
the sports fields. The proponents of Measure D want
Freedom to choose that our senior citizens will have leases which are restricted to the elite, handpicked
the recreational and social programs and facilities they favorites of the City Council.
deserve.
Measure C guarantees park and beach access for
Freedom to choose to shelter our troubled youth who everyone. Measure D does not.
have slipped through the cracks of our community.
Twenty years ago the people of Huntington Beach, not
The supporters of Measure D are not some small loud the City Council or the developers, passed a park
and elite pressure group. We are your friends and bond issue by a 72% majority. Land purchased with
neighbors. We are your son's baseball coach, your these funds formed the cornerstone of our park
daughter's soccer team mom. We are the large but system. Now a "small, loud, and...elite group"wants to
mostly silent majority of citizens who care about our take away access to your parks and beaches.
community.
Measure C is the ballot proposal that deserves your
And yes,we are citizens who truly want to preserve our support. The expanded Rodgers Senior Center and
precious parks and beaches in Huntington Beach. But other existing facilities are protected by Measure C.
we want to do it responsibly by guaranteeing access Linear Park is not a city park. Any other claims are
by all members of the community. Honestly and false and Deceitful.
openly, by freedom of choice.
Let's send the same message to the City Council we
However well intentioned, the opposing Measure C is sent 20 years ago. We want access to parks so we are
too broad. In trying to preserve our parks and voting in favor of Measure C,the Citizen's Measure.
beaches, it effectively closes them to further
community use by requiring costly special elections or
expensive political campaigns. There is no confusion. Grace Winchell, Councilwoman, City of Huntington
The facts are clear. Beach
Mark Porter, former Chairman, Huntington Beach
Many projects already approved in our community Planning Commission
could be eliminated by the passage of Measure C.
Jim Rush, Senior Citizen, Founder of Friends of the
These include: Park
* Youth sports/swimming/gymnastics center Dr. Ralph Bauer,Chairman, Committee of 400
* Rodgers Senior Citizen Outreach Center
* Central Park Youth Shelter Norma Brandel Gibbs, former Mayor, City of
* Boys/Girls Club Huntington Beach
* Bolsa Chica Linear Park
Measure D will protect our parks and beaches and
allow for their responsible development by the
community. Don't be confused. Vote yes on Measure
D. Vote No on Measure C.
Tom Duchene,Youth Sports Committee
Art Aviles,Jr., Pres. HB Chamber of Commerce
Hal Smith, Board President, Huntington Valley Boys &
Girls Clubs
James Townsend, Senior Citizen
ARGUMENT AGAINST REBUVIAL TO ARGUMENT
MEASURE D AGAINST MEASURE D
Measure D gives every citizen of Huntington Beach a
The Orange Coast Daily Pilot called Measure D a choice of how we use our precious parkland.
"hastily drawn measure which reeks of shady back- Measure D guarantees access to our parks to
door politicking...but the most repulsive aspect of the everyone in our community, not just the elite who live
city council Measure is its intent...It was obviously adjacent to them and consider them their own
drafted to confuse the voters, much the same way the "private" reserve.
insurance industry tried to derail Proposition 103...by
stacking the ballot with propositions" The supporters of Measure D are your friends and
neighbors. We are parents with kids in soccer and
Measure D is a smoke screen orchestrated through baseball. We are seniors enjoying life in Huntington
the largest landowner and developer in the city. The Beach. And we are all concerned citizens who care
council majority placed Measure D on the ballot at the about the less fortunate in our community.
developers' insistence. Measure D should be called
the imposter amendment. It deals only with the sale of The supporters of Measure D also care deeply about
parks and beaches. Measure D pretends to protect protecting our parks and beaches from irresponsible
our parks and beaches. It does not. Parks are and unrestricted development. And Measure D will do
purchased by cities with federal, state, county, and city just that.
funds which, in most cases, already precludes their The opponents of Measure D want to "protect" our
sale. parks by keeping us out. Should our opponents win,
Measure D is defective because it allows long-term many needed projects already approved to improve
leases of our parks and beaches. The city council has our community could be eliminated. These include:
already started the process by leasing 50 acres of * Youth sports/swimming/gymnastics center
Central Park to relocate mobile homes and leasing our * Rodgers Senior Citizen Outreach Center
beach for 35 foot high restaurants. Another 75 acres is * Central Park Youth Shelter
"for lease" in Central Park to private interests. * Boys/Girls Club
The city council's record in protecting our parks and * Bolsa Chica Linear Park
beaches is pathetic. The Los Angeles Times in a Our opponents want to force us to wage an expensive
recent editorial stated "the city seemingly has political campaign or costly special election every time
forsaken its legacy as beach front protector to act at a worthy project is approved. In effect, they will freeze
times as if it were a party to development itself." The us out of our own city parks.
way to determine what the people of Huntington Don't be confused. Measure D will protect our parks
Beach want for their parks and beaches is to allow a and beaches and allow us to responsibly improve
vote on long-term leases--that's democracy. them for all of us Vote Yes on Measure D. Vote No on
Measure D stands for Developers, Dollars and Deceit. Measure C.
VOTE NO ON D Peter Von Elten, Member, Huntington Youth Shelter
Don't be confused. For your Community, for Board of Directors
Conservation, for your Children, vote yes on Measure Tom Duchene, Huntington Beach Youth Sports
C, the Charter Amendment placed on the ballot by
Committee
over 14,000 Huntington Beach residents.
James Townsend, Senior Citizen
Grace Winchell, Councilwoman, City of Huntington Art Aviles,Jr., Pres. H.B. Chamber of Commerce
Beach Hal Smith, Huntington Valley Boys&Girls Clubs
Mark Porter, former Chairman, Huntington Beach
Planning Commission
Jim Rush, Senior Citizen, Founder of Friends of the
Park
Dr. Ralph Bauer,Chairman, Committee of 400
Norman Brandel Gibbs, former Mayor, City of
Huntington Beach
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CONE BROCKWAY, CITY CLERK BULK RATE
CITY HALL,2000 MAIN STREET U.S. POSTAGE
P.O.BOX 190
HUNTINGTON BEACH,CALIFORNIA 92648 PAID
(714) 536-5227 Huntington Beach,CA
Permit No.23
Ballot Type
C) UNTY ® P FI.AckrQ R.A. S Director.or.Gen en Agency
eral Services A nc
5 `3 GENERAL SERVICES AGENCY
REGISTRATION & ELECTIONS,DIVISION
DONALD TANNEY Mailing Address.
REGISTRAR OF VOTERS PO Box 11298
1300 S, Grand Avenue Santa Ana Cahtornia 927 i 1
Santa Ana, CA 92705
(714) 567-7600
TDD (714) 567-7608
November 20, 1990
Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington E3each , California 92618
Dear Ms . Brockway:
We are enclosing the certification of the statement of the votes cast and a
copy of the abstract for, the municipal election for your city held , in
consolidation with the General Election, on November 6, 1990.
Very truly yours ,
Beverly Warner
Election Sectjon Supervisor
Orange County l _
BW
Enclosures
r :
V.
Y
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
CONNIE BROCKWAY GAIL HUTTON
To CITY CLERK From CITY ATTORNEY
Subject PROPOSED CHARTER AMENDMENT Date JULY 12, 1990
BALLOT MEASURE "PUBLIC
UTILITIES AND PARKS AND BEACHES";
CALCULATION OF NUMBER OF VOTES
NECESSARY TO QUALIFY
QUESTION:
You have posed the following question:
"Election Code §4010 and 4080(5)(c) each appear to govern the number of signatures
required to place the subject charter amendment on the ballot, since it appears these
sections are in conflict, which section applies?"
ANSWER:
The number of signatures required to place a city charter amendment on the ballot
is governed by Elections Code §4080(5)(c). Section 4080(5)(c) provides that the number of
signatures relates to the last official report of the County Clerk to the Secretary of State.
ANALYSIS:
There are two sections in the Elections Code governing the number of signatures needed
for a ballot measure. Section 4010 governs Inititives and Section 4080(5)(c) governs
Freeholder's Charter Amendments.
Plain Meaning Rule
The governing rule of statutory construction is that "the meaning of the statute
must, in the first instance, be sought in the language in which the act is framed, and if
that is plain, ... the sole function of the courts is to enforce it according to its terms."
Caminetti v. U.S. 242 U.S. 470. This is the "plain meaning" rule. The requirement is to
literally interpret language which is plain, unambiguous, direct and certain, which I find
Section 4080(5)(c) to be.
Interpretation of Ambi,gious Statute
Section 4010 provides that number of required signatures be calculated from the
last reported results at the time the Section 4002 notice is published rather than merely
the last reported results as prescribed by Section 4080(5)(c). The phrase "effective at the
time of the Section 4002 notice was published" was added to Section 4010 in 1980. Prior
to the addition 4080 read as Section 4080(5)(c) reads today.
a
CONNIE BROCKWAY
JULY 12; 1990
PAGE TWO
In 1988 Section 4080(5)(c) was adopted to the Election Code provisions governing
Freeholder's Charter Amendments. Because the legislature was presumed [at the time of
the adoption of Section 4080(5)(c)j to be aware of the difference in wording between the
existing Section 4010 and "new" Section 4080, it may not be taken that the legislature
intended to incorporate the verbage which was "left out."
Put another way, by leaving out of Section 4080 the words "effective at the time of
the Section 4002 notice" the clear legislative intent was that the last reported results be
used not the last reported results effective at the time the Section 4002 notice was
published.
However, if Section 4080(5)(c) were held to be ambiguous then it would be necessary
to ascertain the clear legislative intent. In order to ascertain legislative intent one would
be required to read Sections 4010 and 4080(5)(c) together and to "borrow" language from
one to the other, if required, since statutes on the same subject are to be construed
together.
When "words used in a prior statute are omitted, it is presumed that a change_of
meaning was intended" Chertkof v. United States 676 F.2 984 (CA 4 1982); Craven v.
Crout 163 Cal.App. 3d 779, 209 Cal.Rptr. 649 (1985).
"Where a statute referring to one subject contains a critical word or phrase,
omission of that word or phrase from a similar statute on the same subject generally
shows a different legislative intent. The fact that (the later) section contains no similar
language as adopted is an unmistakable indicator that the legislature did not intend that
section (to include the omitted language)" — quoting from Craven, supra, emphasis
added.) Thus, if the "clear meaning" rule did not apply the "legislative intent" rule would
also provide that Section 4080(5)(c) would prevail. Also see Sutherland Statutory
Construction (4th Ed.) §51.02, 13.
CONCLUSION:
The number of required signatures for a City Charter amendment is governed by
Elections Code §4080(5)(c) which provides that the latest report of registration be used
not the last report at the time the Section 4002 notice was published.
GAIL HUTTON
CITY ATTORNEY
?- l -ei-
GCH:ksa �`Y.sP M
cc: Michael T. Uberuaga, City Administrator
Honorable Mayor Tom Mays and Members of the City Council
CITY OF HUNTINGTONEAR
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
Ms. Cindy Pon
Secretary of State
Limited Partnership Division
923 12th Street, Suite 301
Sacramento, CA 9581.4
Dear Ms. Pon:
Enclosed please find the documents required to be filed to make effective
Charter Amendment (Measure C) as ratified by the electors of the City of
Huntington Beach at the General Municipal Election held November 6, 1990.
Please certify the amendment.
Please call me at (714) 536-5227 if you need additional information.
Sincerely,
Connie Brockway, CMC
City Clerk
CB:ln
Enclosures
(Telephone:714-536-5227)
�. CITY OF HU NTINGTON
p 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
State of California
County of Orange
City of Huntington Beach
I, Peter Green ; Mayor in and for the City of Huntington Beach, California, do
hereby certify and authenticate that the following are full, true and correct copies
of documents required to be submitted to the Secretary of State of the State of
California, pursuant to a General Municipal Election held in the City of Huntington
Beach on the 6th day of November, 1990.
1. Certificate of Proceedings in Adoption of Charter Amendment — (Measure Q.
2. Complete text of Amendment to Charter Section 612 - (Measure Q.
3. Certified copy of the Offical Sample Ballot and Voter Information Pamphlet.
4. Proof of Publication of Notice of Election.
S. Certificate of Registrar of Voters, County of Orange, to Result of the Canvass
of the General Election Returns.
IN WITNESS WHEREOF, I have hereunto set my hand this 4rd of December, 1990.
Toz—�
Peter Green, Mayor
City of Huntington Beach
DATE: December 4, 1990
ATTEST:
—1 -
C��z�yu�
Connie Brockway
City Clerk
DATE: December 4, 1990
(T a l e p h o n e: 714-5 35-52 27)
When Recorded Mail to:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
CERTIFICATE OF PROCEEDINGS HAD AND TAKEN IN ADOPTION OF
CHARTER AMENDMENT BY ELECTORS OF THE CITY OF
HUNTINGTON BEACH AT A GENERAL MUNICIPAL ELECTION
HELD ON NOVEMBER 6, 1990.
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
CITY OF HUNTINGTON BEACH)
We, the undersigned, Peter Green, Mayor of the City of Huntington Beach,
and Connie Brockway, City Clerk of said City, do hereby certify and declare as
follows:
That the City of Huntington Beach, in the County of Orange, State of
California, is now and at all times herein mentioned was a municipal
corporation, duly organized and existing under and pursuant to the provisions of
a Charter adopted in accordance with the provisions of the Constitution of the
State of California by the electors of said City on the 29th day of April 1937,
and thereafter duly Adopted by Assembly and the Senate of the State of
California on May 12, 1937 and May 13, 1937 respectively.
That on the 16th day of July, 1990 the City Council of the City of
Huntington Beach passed and adopted Resolution No. 6187 calling for a General
Municipal Election to be held in the City of Huntington Beach, on November 6,
1990, for the purpose of submitting to the electors of said City a certain
measure to appear upon the ballot, proposing a certain amendment to the
aforesaid Charter.
1.
i
They further declare that the foregoing constitutes a true and correct
statement of the proceeding had by the City of Huntington Beach and the City
Council of said City in the presentation of said amendment to the Charter of
the City of Huntington Beach and the election held thereon.
IN WITNESS WHEREOF we have hereunto set our hands and affixed the
official seal of the City of Huntington Beach in Huntington Beach California on
the 4-+� day of December, 1990.
Peter Green
Mayor
d
Connie Brockway
City Clerk
1 The foregoing instrLiment is a corre^t c ` at
f the cr v' UI cn fie in this
---------------
i
..............
ag
0-1
OFFICIAL
SAMPLE BALLOT
and Voter Information Pamphlet
GENERAL MUNICIPAL ELECTION
TUESDAY, NOVEMBER 6, 1990
Compiled and Prepared by
CONNIE BROCKWAY,CITY CLERK
[POLLS ONE AT 7 A.M. A CLOSE AT 6 P.
I HAVE VOTED-HAVE YOU? I HAVE VOTED-HAVE YOU?
CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH
Vote for no
Member,City Council more than Four i C Should the City of Huntington Beach
GRACE WINCHELL City Charter be amended to require
Councilwoman/Uniwmity CounMor + that no City park or beach may be sold,
leased, exchanged or transferred or im-
PAUL COOK proved with a golf course, driving range,
Loral Businessman + road, building over 3,000 square feet in YES +
DIRK VOSS floor area, nor structure costing more than
Marine Patrol Officer + $100,000 without the affirmative votes of at NO +
JACK KELLY least a majority of the total membership of
Low Businessman + its City Council and of the electors voting on
such proposition at a general or special
GEORGE E. ARNOLD + election?
Self Employed
EARLE ROBITAILLE + ® Should the City of Huntington Beach
Retired Police Chief Charter be amended to require that no
STEVEN J.ROY City park or beach may be sold without the
Carpenter + affirmative votes of at least a majority of the YES +
ED MOUNTFORD total membership of its City Council and of
} the electors voting on such sale? +
Planning CommissionerBusinessman NO
MARK PORTER +
Manager
TONY PASSANNANTE +
Pharmacist/Businem Owner
LINDA MOULTON PATTERSON
Member,Huntington Beach Union High School District Board of%steel +
+
+
A + l�
+
L City Attorney Vote for One
GAIL HUTTON
City Attorney +
PAUL EUGENE MANN +
Practicing Attorney-At-Law
30.410D VOTE BOTH SIDES D 30-9081 VOTE BOTH SIDES 1
MEMBER OF THE CITY COUNCIL MEMBER OF THE CITY COUNCIL
GRACE WINCHELL JACK KELLY
Age: 52 Age: 63
Occupation: Incumbent Councilwoman/University Occupation: Local Businessman
Counselor
I am a moderate in business and politics. We are just a blink away
My four year record as Councilwoman, my seven year record as from the turn of the century. Anticipating inevitable change and
Planning Commissioner, and my twenty-one year record of preparing for it is the true challenge of Grass Roots Government.
community service demonstrate my .commitment to a better My previous two terms as Huntington Beach Councilperson (1980-
Huntington Beach. 1988) allowed me to help organize the positive agenda for
Like you, I support the preservation and enhancement of our controlled growth we are now engaged in. In my capacity as
beaches, parks, libraries, cultural arts, and wetlands. I have Mayor for two terms, my leadership assisted in bringing about
insisted that our police, fire, and other safety services be the best Redevelopment of Downtown, badly needed flood control
equipped and staffed in Orange County. I have worked for traffic improvements and protection of the wetlands as well as a drastic
solutions, reducing flood risk, and toxic waste cleanup. I have reduction of housing in the Bolsa Chica. I feel compelled to raise
supported improved senior services and facilities. my hand once more to seek active participation in the decisions on
how best to help guide our city into the 90's. With both City
I will continue to vote for a well-balanced community containing a Council experience and as a local business owner I believe
mixture of residential, commercial, and industrial areas. All three of progress and growth can be mastered and merged with
these land uses are necessary for a financially healthy city. conscientious environmental integrity. As in the Bolsa Chica, one
I will continue to work against any new development which fails to cannot survive without the other if Huntington Beach is to continue
pay its fair share. New development cannot be allowed to become on the path to enrichment. I dedicate my service to help balance
our tax burden. these issues which fall with equal force on all our shoulders. I
As your Councilwoman, I will continue to use the knowledge that I respectfully ask your favorable consideration of my candidacy.
have gained from my public service to anticipate and respond to Thank you.
your individual needs. Jack Kelly
I will vote to preserve and enhance our quality of life and our City's
assets. You can help by Re-electing Grace Winchell to the
Huntington Beach City Council.
Grace H.Winchell
PAUL E.COOK EARLE ROBITAILLE
Age: 53 Age: 59
Occupation: Local Businessman Occupation: Retired Police Chief
Paul E. Cook is a: As police Chief of Huntington Beach for 18 years, and a resident
25 year resident of Huntington Beach. for 22 years, I am aware of most of the city's problems. My wife
Married and the father of four children. and I have been married for 39 years and our four children and four
Local businessman and property owner, grandchildren have been raised and educated in Huntington Beach.
Certified expert on traffic and transportation. I earned a Masters Degree in Public Administration from U.S.C.
Paul E. Cook is an active member of: For the past two years I have worked as a Marketing Manager and
Huntington Beach Chamber of Commerce. a Technical Marketing Consultant in the computer industry.
Boys and Girls Club of Huntington Valley.
Huntington Beach Youth Shelter. My major civic concerns are:
Huntington Beach International Surfing Museum Foundation. The improvement of public safety.
Paul E.Cook was instrumental in: The improvement of the City infrastructure (streets, water,
sewers,etc.).
The organization of the Huntington Harbour Clean Water The improvement of the economic health and growth of
Committee. Huntington Beach.
Constructing the beautiful coastal Blufffop Park. Increasing the availability of athletic and recreational facilities.
Securing millions of.dollars to fund flood control improvements. The provision of services to the growing Senior Citizen
Paul E.Cook has provided the leadership to: population.
Win the fight against developing the Bolsa Chica wetlands into Resolution of the city's longstanding flood control problems.
a marina and hotel complex. I fully support the redevelopment efforts in the old Downtown area.
Improve blighted conditions in the Oakview area.
Close Meadowlark Airport. I had the honor to be selected as Huntington Beach Citizen of the
Resolve the crime and drug problems at Commodore Circle. Year in 1979 and I have received the endorsement of the
Finally begin redevelopment in downtown Huntington Beach. Huntington Beach Police Officers Association in this election.
Please join the many hundreds of citizens supporting PAUL E. Earle Robitaille
COOK to be our next City Councilman-a Leader for the 1990's.
"1 want to serve the residents of Huntington Beach as a
City Councilman to improve our quality of life today and
in the future."
Paul E.Cook
MEMBER OF THE CITY COUNCIL CITY ATTORNEY
LINDA MOULTON PATTERSON GAIL HUTTON
Age: 47 Age: 53
Occupation: Businesswoman/School Board President/ Occupation: Huntington Beach City Attorney
Community Services Commissioner
Education: B.A.History, University of California; Enforcing criminal laws, cutting costs and ensuring that all citizens
Masters Public Administration, CSULB have full access to our city government are my top priorities as
Offices/Memberships: your City Attorney.
President, Board of Trustees, Huntington Beach High School
District; I have increased the quality of legal service while reducing the City
Charter Officer,No on Drugs in Schools(NODS); Attorney's percentage of total city spending by nearly one-third.
Huntington Beach Chamber of Commerce-
Community Chair, Huntington Beach Boys and Girls Club; During the past twelve years I have prosecuted all the city's
Director, United Wayy/March of Dimes; municipal code violations, including prosecutions for land use,
Communications Cf�air American Heart Association;
Friends of Huntington beach Library;
alcohol,fire and building code violations.
Representative, Grange County Department of Education on Drug I work closely with the Huntington Beach Police Department to
Abuse; make our neighborhoods safe. We have also worked together to
League of Women Voters; Community United Methodist Church.
Endorsements: protect our city's right to enforce traffic laws in coastal areas.
Huntington Beach Police Officers Association; As your City Attorney, I provided emergency legal leadership
Huntington Beach Firefighters Association;Amigos de Bolsa Chica; responding to the 1990 oil tanker spill along our coast.
Huntington Beach Mobilehome Owners Association; My office was instrumental in resolving problems of neighborhood
Huntington Beach Tomorrow; blight at Commodore Circle.
California Teachers Association;
As a mother of two children, wife of former Congressman Jerry I spearheaded the first legal challenge to the State's current
Patterson, and successful businesswoman, I worked to make programs to spray malathion poison over residential populations in
Huntington Beach more family oriented, and promise my our city.
commitment to:
Save our parks and beaches from private development or sale. I supervised the City's winning defense of $100 million worth of
Protect and reserve our wetlands. flood claims in Orange County's longest jury trial.
Redevelop downtown'village style,"not high rise/density.
No new taxes,cut waste to balance budget. I hope to have your support...
Keep drugs and gangs out of our neighborhoods.
Be responsive to the people, not big developers and back room deals. Gail Hutton
Demand traffic solutions be paid for by the development
generating it.
Support senior citizen rights, senior housing and Council on
Aging.
Your vote for me ensures openness and integrity.
Linda Moulton Patterson
PAUL EUGENE MANN
Age: 53
Occupation: Attorney at Law
For the last 11 years, like you I've been raising my children in
Huntington Beach.
For over 20 years I've run a law practice.
I was a Deputy City Attorney for Los Angeles.
For 17 years I've been a Judge Pro-Tem.
I was on the Los Angeles District Attorney's Advisory Committee.
I am a Trial Lawyer-the kind our city needs
I devote my spare time to fighting drugs and gangs and promoting
and encouraging young people's sense of self worth, including
coaching the Mock Trial Team of Marina High School.
I know how to lead a legal staff. In fact, the Orange County Legal
Secretaries Assn.voted me"Boss of the Year".
Your vote will help the City of Huntington Beach elect a real City
Attorneyl
Paul Eugene Mann
ARGUMENT IN FAVOR OF REBUTTAL TO ARGUMENT IN
MEASURE C FAVOR OF MEASURE C
The Amendment before you allows the citizens of Don't be fooled by Measure C. If you read the fine
Huntington Beach to have a direct vote in any future print, it is designed to exclude the majority of
commercial development or sale of the city's parks residents, young and old alike, from enjoying the full
and beaches. Currently, citizen participation is use of our parks and beaches. The sponsors have a
indirect. Knowledgeable citizens may contact their vested interest in keeping our park system
elected city council with opinions. The city council incomplete. They are a special interest group, a
then makes their final decisions. minority of residents, who want to keep our kids,
This system has failed. Information concerning seniors and the rest of us out!
potential commercial development within the city's MEASURE C will require a general election or costly
parks and beaches, and information concerning ($100,000) special election for any expansion or
important park land transactions, has not been improvement to our park system larger than 3,000 sq.
reaching the citizens of Huntington Beach. The ft.or costing more than$100,000.
citizens cannot participate in these vital decisions
unless our elected officials disseminate the needed MEASURE'C will jeopardize the proposed Rodgers
information. Senior's Center Expansion, the Youth Shelter, the
The Charter Amendment will correct these Youth Sports Center and the implementation of the
deficiencies. The Amendment will require that any Linear Park in the Bolsa Chica. In addition, most
major commercial development or land sale within the improvements such as landscaping, restrooms, bike
parks and beaches of Huntington Beach be approved paths, basketball courts, baseball diamonds, soccer
by a majority of the voters at a general election. A fields cannot be done if costing over$100,000 without
special election is not required. The Charter a general election or special election.
Amendment guarantees the public be informed of any MEASURE C is unwieldy, restrictive, expensive, flawed
proposed park changes, allows full public debate on and poorly written. It is a divisive and costly solution to
these matters, and, finally, allows the public a direct a non-existent problem and is guaranteed to be a
vote on development or sale of these public lands. bureaucratic nightmare.
Improvements such as landscaping, restrooms, We taxpayers don't need the expense of additional
paths, picnic tables, basketball courts, baseball elections and political campaigns. Let's spend our
diamonds, soccer fields, etc. can be done without a money on park improvements for all of us.
vote. Future pier and library projects are exempt from
the Charter Amendment as are existing leases. VOTE NO ON MEASURE C and protect our kids,
Within a decade Huntington Beach will reach build- seniors and the majority of our residents' rights to
out. The only remaining vacant land will be your parks enjoy the full use of our parks and beaches.
and beaches. Voting YES on the Charter Amendment
will place control of your public park land in the voter's
hands and out of the reach of developers and special Tom Duchene, H. B.Youth Sports Committee
interest groups.
James Townsend, Citizen/Senior
Grace Winchell, H.B. Councilmember Art Aviles Jr., President, H.B. Chamber of Commerce
Ruth Finley,former H.B. Mayor Jim Silva, Councilman
Geri Ortega, Chairman H.B. Planning Commission Wes Bannister, Councilman
Debbie Cook,Chairman SAVE OUR PARKS The fore�oi;7 instrument is a correct copy of
the oria:H-.ai on file.in this office.
Norma Brandel Gibbs,former Mayor Q
Attest --------/_!!.14,
?tl ._ ..19=,c).
_
-----•---------- ....
City Clerk and Ex-Officio Clerk of the C',y
Council of the City of Huntington Beach, Cal;
MEASURE D IMPARTIAL ANALYSIS OF MEASURE D
First: Section 612 of the City Charter is amended This proposed ballot measure would amend section
to read as follows: 612 of the City Charter to impose a restriction on the
sale of park and beach lands of the City.
Any sale of park or beach lands or portion thereof
SALE OF PUBLIC UTILITIES now owned or hereafter owned by the City would be
AND PARKS AND BEACHES subject to the prior affirmative vote of a majority of the
members of the City Council and of the electors voting
(a) No public utility now or hereafter thereon at an election mandated by the measure.
owned or operated by the City shall be sold,
leased or otherwise �l'�+d�;�f�1`1`��/�►` disposed Exempted from such approval requirements are
of unless authorized by the affirmative votes sales to another government agency for continued use
of at least a majority of the total membership as a park or beach.
of the City Council and by the affirmative GAILvote of at least a majority of the electors City
HUTTON
C
voting on such proposition at a general or City Attorney
special election at which such proposition is
submitted.
Second: The following additional paragraph is added
to Section 612 of the City Charter: (b) No
park or beach or portion thereof now or
hereafter owned by the City shall be sold,
except to another governmental agency for
continued use as a lark or beach, unless
authorized by the affirmative votes of a
majority of the total membership of the Cif
Council and by the affirmative vote of a
majority of the electors voting on such
proposition at a general or special election
at which such proposition is submitted.
Third: The following additional paragraph is added
to Section 612 of the City Charter: c if an
section, subsection, part, subpart,
paragraph, clause or phrase of this
amendment, or any amendment or revision
of this amendment, is for any reason held to
be invalid or unconstitutional, the remaining
sections, subsections, parts, subparts,
paragraphs. clauses or phrases shall not be
affected but shall remain in full force and
effect.
ARGUMENT AGAINST REBUTTAL TO ARGUMENT
MEASURE D AGAINST MEASURE D
Measure D gives every citizen of Huntington Beach a
The Orange Coast Daily Pilot called Measure D a choice of how we use our precious parkland.
"hastily drawn measure which reeks of shady back- Measure D guarantees access to our parks to
door politicking...but the most repulsive aspect of the everyone in our community, not just the elite who live
city council Measure is its intent...It was obviously adjacent to them and consider them their own
drafted to confuse the voters, much the same way the "private" reserve.
insurance industry tried to derail Proposition 103...by
stacking the ballot with propositions". The supporters of Measure D are your friends and
neighbors. We are parents with kids in soccer and
Measure D is a smoke screen orchestrated through baseball. We are seniors enjoying life in Huntington
the largest landowner and developer in the city. The Beach. And we are all concerned citizens who care
council majority placed Measure D on the ballot at the about the less fortunate in our community.
developers' insistence. Measure D should be called
the imposter amendment. It deals only with the sale of The supporters of Measure D also care deeply about
parks and beaches. Measure D pretends to protect protecting our parks and beaches from irresponsible
our parks and beaches. It does not. Parks are and unrestricted development. And Measure D will do
purchased by cities with federal, state, county, and city just that.
funds which, in most cases, already precludes their The opponents of Measure D want to "protect" our
sale. parks by keeping us out. Should our opponents win,
Measure D is defective because it allows long-term many needed projects already approved to improve
leases of our parks and beaches. The city council has our community could be eliminated. These include:
already started the process by leasing 50 acres of * Youth sports/swimming/gymnastics center
Central Park to relocate mobile homes and leasing our * Rodgers Senior Citizen Outreach Center
beach for 35 foot high restaurants. Another 75 acres is * Central Park Youth Shelter
"for lease" in Central Park to private interests. * Boys/Girls Club
The city council's record in protecting our parks and * Bolsa Chica Linear Park
beaches is pathetic. The Los Angeles Times in a Our opponents want to force us to wage an expensive
recent editorial stated "the city seemingly has political campaign or costly special election every time
forsaken its legacy as beach front protector to act at a worthy project is approved. In effect, they will freeze
times as if it were a party to development itself." The us out of our own city parks.
way to determine what the people of Huntington Don't be confused. Measure D will protect our parks
Beach want for their parks and beaches is to allow a and beaches and allow us to responsibly improve
vote on long-term leases--that's democracy. them for all of us Vote Yes on Measure D. Vote No on
Measure D stands for Developers, Dollars and Deceit. Measure C.
VOTE NO ON D Peter Von Elten, Member, Huntington Youth Shelter
Don't be confused. For your Community, for Board of Directors
Conservation, for your Children, vote yes on Measure Tom Duchene, Huntington Beach Youth Sports
C, the Charter Amendment placed on the ballot by Committee
over 14,000 Huntington Beach residents.
James Townsend,Senior Citizen
Grace Winchell, Councilwoman, City of Huntington Art Aviles,Jr., Pres. H.B. Chamber of Commerce
Beach Hal Smith, Huntington Valley Boys&Girls Clubs
Mark Porter, former Chairman, Huntington Beach
Planning Commission
Jim Rush, Senior Citizen, Founder of Friends of the
Park
Dr. Ralph Bauer,Chairman,Committee of 400
Norman Brandel Gibbs, former Mayor, City of
Huntington Beach
I N=JTICE OR.GENERAL Ml! SAL,ELECTION/
L.i a v� i'l i i a- B 1.N; �m+e i'S L Ti'v l"11
NO11 10,E IS HEREBY GIVEN that a General Municipal Election will be held in the
3ity of Huntington Beach consolidated'.
onsolidated with the General Elect'ion.on Tuesday,
November 6, 1990, for the following Officers and"Measures.
OFFICERS
Tor four (4) Members of the City Council — (Full term of 4 years)
�:or a City Attorney — (Full term of 4 years)
If no one or only one person is nominated for an elective office, appointment to
:he elective office may be made as prescribed by Section 22843.5 or 22844,
lections Code of the State of California.
MEASURE C TITLE: A CHARTER AMENDMENT TO RESTRICT THE SALE,
_EASE, EXCHANGE AND DEVELOPMENT OF CITY-OWNED OR OPERATED
'ARK AND BEACH LANDS.
MEASURE C SUMMARY:
This proposed ballot measure would amend section 612 of the City Charter to
mpose a restriction on the disposition and use of park and beach lands of the
'ity.
Any sale, lease or other disposition of park or beach lands would be subject to
he prior affirmative vote of a majority of the members of the City Council and of
he electors voting thereon at an election mandated by the measure. Such
approval is also required prior to construction of any road, golf course, driving
ange, building larger than 3,000 sq./ft. in floor area or of any structure costing
nore than $100,000.00 within any City-owned or operated park or beach.
Existing leases, franchise and concession agreements and renewals of such
agreements on parks or beach lands which are being performed on January 1,
1989, would be exempt from approval requirements.
MEASURE
Should the City of Huntington Beach City Char-
ter be amended to require that no City park.or YES
beach may be sold, leased, exchanged or trans-
ferred or improved with a golf course, driving
range, road, building over 3,000 square feet in
floor area, nor structure costing more than
$100,000 without the affirmative votes of at least
a majority of the total membership of its City NO
Council and of the electors voting on such
proposition at a general or special election?
MEASURE D TITLE:A CHARTER AMENDMENT TO RESTRICT THE SALE OF
:ITY-OWNED PARK AND BEACH LANDS.
MEASURE D SUMMARY:
This proposed alternative ballot measure would amend section 612 of the City
charter to impose a restriction on the sale of park and beach lands of the City.
Any sale of park or beach lands would be subject to the prior affirmative vote
f a majority of the members of .the City Council:.and of the electors voting
-iereon at an election mandated by the measure. -
MEASURE D
Should the City of Huntington Beach Charter be YES
amended to require that no City park or-beach
may.-be sold without the-:affirma,tve;votes'of.at'
least.a majority of.the tote! mere ership.of its
City Council and of the electors voting on such, NO
sale?.,,.
The polls w:II be open,between`the hours of7 00 a.m and 8 00 p m
ONNiE BRO&kWAY
:ITY CLERK'
ated�: August 13, 1990
r
pthc?ized to Publish Advertisements of Kfnds including
public notices by Decree of the Superior Court of Orange
County, California, Number A-6214, September 29, 1961, and
A-24831 June 11, 1963
STATE OF CALIFORNIA
County of Orange
1 am a Citizen of the United States and a
resident of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the below entitled matter. I am a
principal clerk of the ORANGE COAST DAILY
PILOT, a newspaper of general circulation,
pdnted and published in the City of Costa Mesa,
County of Orange, State of California, and that
attached Notice is a true and complete copy as
was printed and published in the Costa Mesa,
Newport Beach, Huntington Beach, Fountain
Valley, Irvine, the South Coast communities and
Laguna Beach issues of said newspaper to wit
the issue(s) of:
August 17 , 23 , 27 , 1990
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on August 27 , 199 0
at Costa Mesa, California. The foregoing instrument is a correct copy of
the original on file in this office.
Signature Attest 1�- ,, ,3 19-1_.�?.
Wit_- _
City Clerk and Ex-Officio Cierit of e City
Council of the City of Huntington Beach, Cal,
PROOF OF PUBLICATION
kmm;
C R.A. SCOTT
� ) Y Q A�j �� p rector.General Services Agency
5 �? GENERAL SERVICES AGENCY
REGISTRATION &,ELECTIONS DIVISION
DONALD TANNEY Flailing Address
REGISTRAR OF VOTERS PO Box 11298
1300 S. Grand Avenue Santa Ana California 92711
Santa Ana, CA 92705
(714) 567-7600
TDD (714) 567-7608
November 20, 1990
Connie Brockway
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach , California 9.2648
Dear Ms. Brockway:
We are enclosing the certification of the statement of the votes cast and a
copy of the abstract for the municipal election for your city held , in
consolidation with the General Election, on November 6, 1990.
Very truly yours ,
/E3everly Warner
((( Election Sect on Supervisor
Orange County/ -
BW
Enclosures
r.
a
CERTIFICATE OF REGISTRAR OF VOTERS TO i._.,JLT
OF THE CANVASS OF THE GENERAL ELECTION RETURNS
STATE OF CALIFORNIA)
ss.
COUNTY OF ORANGE )
I , Donald Tanney, Registrar: of Voters of Orange County, do hereby
certify the following to be a full , true and correct Statement of the Vote of
the election listed below, consolidated with the General Election held on
November 6, 1990.
CITY OF HUNTINGTON BEACH MUNICIPAL ELECTION
MEASURE C MEASURE D
YES 42,049 YES 31,298
NO 14,914 NO 25,019
MEMBER OF 1HE CI TY C00-iL
LINDA MOULTON PA.TTER.SO'i 34,873
GRACE WINCHELL 32,059
EARI_E ROBITAILLF 25,178
JACK KELLY 22,476
MARK PORTER 20,004
ED MOUNFFORD 18,708
PAUL COOK 9,348
DIRK VOSS 9,183
TONY PASSANNANT:' 8,409
The foregoing instrument is a correct copy ofSTFvEN J. Roy 6,463
the original on file in this office.
Gr_oacE E. ARNOL 5,981
V"XW-A"- ao d.a...
Attest ------------------------•----------• ------ 19/.. CITY ATTORNEY
��,Q(, � GALL HUT TON 30,116
City Clerk and Ex-Officio Clerk of the CityAUL EUGENE MANN 19,501
Council of the City of Huntington Beach, Cal.
PRECINCT BALLOTS CAST: 51,758
ABSENTEE BALLOTS CAST: 9,136
TOTAL BALLOTS CAST: 60,894
I hereby certify that the number of votes cast is as set forth above and
appears in the Certified Statement of the Vote.
WITNESS my hand and Official Seal this 20th day of November, 1990.
t.f\R OF
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P DONALD TANNEY
REGISTRAR OF VOTERS
Orange County
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FOR CITY COUNC ACTION
REQUEQT �°�°"'
Date July 16, 1990
Submitted to: Honorable Mayor and Members of the City Council
Submitted by:
Connie Brockway, City Clerk I -
Prepared Y
�
Connie Brockway, City �y
b Clerk �`�'•
P
CERTIFICATE OF VERIFICATION OF SIGNATL "'""" �o
Subject: AMENDMENT PETITION AND RESOLUTION GI
Consistent with Council Policy? ] Yes [ ] New Policy or
Statement of Issue, Recommendation, Analysis, Funding Source, A
STATEMENT OF ISSUE:
The City Clerk is transmitting the County Registrar of Voters' Certificate of Verification
of Signatures for Charter Amendment Petition entitled "A Charter Amendment to
Restrict the Sale, Lease, Exchange and Development of City—owned or Operated Park and
Beach Lands" submitted by the citizens through the Charter Amendment process.
Resolution No. 6187 is presented to Council for adoption in order to place the measure to
amend the City Charter before the voters at the November 6, 1990 General Municipal
Election.
ANALYSIS: r-
On June 5, 1990, proponents for the proposed Charter Amendment submitted a charter LL-
amendment petition containing 14,751 valid signatures. The petitions were accepted by n
the City Clerk for filing and were transmitted to the Registrar of Voters for signature1. �m
verification. Attached is a copy of the Registrar's certification stating the petition is
signed by not less than 15 percent of the registered voters of the City pursuant to = rt
Elections Code No. 4080.
Elections Code Section 4080 specifies that if a charter amendment petition is signed by
not less than 15 percent of the registered voters of the city, as determined by the County
Clerk's last official report of registration to the Secretary of State, it shall be submitted
by the Council to the voters at the next General Municipal Election, November 6, 1990.
The last report by the County Clerk to the State was on May 7, 1990 and reported 96,134
registered voters for the City of Huntington Beach.
Elections Code Section 4010 had previously been used to determine the number of
necessary valid signatures for Charter Amendment petitions. The City Clerk on the day
the failure of the petition was announced made a final review of the State Elections Code
and requested a City Attorney opinion on the two State Election Code sections. The City
Attorney opinion verified S. 4080 thus resulting in the qualification of the Charter
Amendment petition.
RECOMMENDATION:
Adopt Resolution No. 6187 — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 1990 FOR THE
SUBMISSION OF A PROPOSED CHARTER AMENDMENT."
ATTACHMENTS: County Registrar of Voters certificate as to Number of qualified
Voters AGE I
City Clerk's Request for Opinion 7/10 0
City Attorney Opinion 7/11/90 ? s , :it,lwM9li
Resolution No. 6187 ja -„
Election Code Sections A83,13
CB:me
0831I
P10 4/84
r `
RESOLUTION NO. 6187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
ON TUESDAY, NOVEMBER 6 , 1990 , FOR THE SUBMISSION OF
A PROPOSED CHARTER AMENDMENT ENTITLED
"A CHARTER AMENDMENT TO RESTRICT THE SALE, LEASE,
EXCHANGE AND DEVELOPMENT OF CITY-OWNED OR OPERATED
PARK AND BEACH LANDS"
WHEREAS, pursuant to authority provided by Article XI of the
Constitution and Title 4 , Division 2 , Chapter 3 of the Government
Code and Division 5 , Chapter 3 , Article 3 (commencing at Section
4080) of the Election Code of the State of California, a petition
has been filed with the legislative body of the City of Huntington
Beach signed by more than fifteen percent of the total number of
registered voters of the city which has been determined according to
the county clerk' s last official report of registration to the
Secretary of State; and
The City Council is authorized and directed by statute to submit
the proposed charter amendment to the voters ;
NOW, THEREFORE, the City Council of the City of Huntington
Beach, California , does Resolve, Declare, Determine, and Order as
follows :
SECTION 1 : That pursuant to Article XI of the constitution and
Title 4 , Division' 2 , Chapter 3 of the Government Code and Division
5., Chapter 3 , Article 3 (commencing at Section 4080) of the Election
Code of the State of California, there is called and ordered to be
held to be in the City of Huntington Beach, California , on Tuesday,
November 6 , 1990 , a General Municipal Election for the purpose of
submitting the following proposed charter amendment :
-1-
Should the City of Huntington Beach City Charter
be amended to require that no City park or beach
may be sold, leased, exchanged or transferred or ; YES
i improved with a golf course, driving range, road, ;
building over 3 , 000 square feet in floor area,
nor structure costing more than $100 ,000 without --- ----,
the affirmative votes of . at least a majority of
�i the total membership of its City Council and of i
the electors voting on such proposition at a ENO
general or special election . i
SECTION 2 . That the text of the charter amendment submitted to
the voters is attached as Exhibit A.
SECTION 3 . That the ballots to be used at the election shall be
in form and content as required by law.
SECTION 4 . That the City Clerk is authorized, instructed and
directed to procure and furnish any and all official ballots ,
notices , printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
SECTION 5 . That the polls shall be open at seven o ' clock a .m.
of the day of the election and shall remain open continuously from
that time until 8 o ' clock p .m. of the same day when the polls shall
be closed, except as provided in Section 143.01 of the Elections Code
of the State of California .
SECTION 6 . That in all particulars not recited in this
resolution, the election shall be held and conducted as provided by
law for holding municipal elections .
SECTION 7 . That notice of the time and place of holding the
election is given and the City Clerk is authorized, instructed and
directed to give further or additional notice of the election, in
time, form and manner as required by law.
SECTION 8 . That the City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of original
-2-
resolutions .
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 16thday
of ]ul�r 1990 .
Mayor -
ATTEST: APPROVED AS TO FORM:
City Clerk grney
REVIEWED AND APPROVED:
City Adminis a t o r
r
-3-
Exhibit "A"
First . Section 612 of the City Charter is amended to read as
follows :
PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion
.thereof now or hereafter owned or operated by the City
shall be sold , leased, exchanged or otherwise
transferred or disposed of unless authorized by the
affirmative votes of at least a majority of the total
membership of the City Council and by the affirmative
vote of at least a majority of the electors voting on
such proposition at a general or special election at
which such proposition is submitted.
Second . The following additional paragraph is added to Section
612 of the City Charter : (b) No golf course, driving
range, road, building over three thousand square feet
in floor area nor structure costing more than
$100, 000 . 00 may be built on or in any park or beach or
portion thereof now or hereafter owned or operated by
the City unless authorized by the affirmative votes of
at least a majority of the total membership of the
City Council and by the affirmative vote of at least a
majority of the electors voting on such proposition at
a general or special election at which such
proposition is submitted.
Third . The following additional paragraph is added to Section
612 of the City Charter : (c) Section 612(a) and (b)
shall not apply;
1. to libraries or piers;
2 . to any lease, franchise, concession agreement or
other contract where;
- the contract is to perform an act or provide a
service in a public park or beach AND
- such act was being performed or service provided
at the same location prior to January 1, 1989 AND
- the proposed lease, franchise, concession
agreement or other contract would not increase'
the amount of parkland or beach dedicated to or
used by the party performing such act or
providing such service.
Fourth. The following additional paragraph is added to Section
612 of the City Charter : (d) If any section,
subsection, part, subpart, paragraph, clause or phrase
of this amendment, or any amendment or revision of
this amendment, is for any reason held to be invalid
or unconstitutional, the remaining sections,
;i subsections, parts, subparts, paragraphs, clauses or
phrases shall not be affected but shall remain in full
force and effect.
Exhibit "A"
First . Section 612 of the City Charter is amended to read as
follows :
PUBLIC UTILITIES AND PARKS AND BEACHES.
(a) No public utility or park or beach or portion
thereof now or hereafter owned or operated by the City
shall be sold, leased, exchanged or otherwise
transferred or disposed of unless authorized by the
affirmative votes of at least a majority of the total
membership of the City Council and by the affirmative
vote of at least a .majority of the electors voting on
such proposition at a general or special election at
which such proposition is submitted.
Second . The following additional paragraph is added to Section
612 of the City Charter : (b) No golf course, driving
range, road, building over three thousand square feet
in floor area nor structure costing more than
$100,000 .00 may be built on or in any park or beach or
portion thereof now or hereafter owned or operated by
the City unless authorized by the affirmative votes of
at least a majority of the total membership of the
City Council and by the affirmative vote of at least a
majority of the electors voting on such proposition at
a general or special election at which such
proposition is submitted .
Third. The following additional paragraph is added to Section
612 of the City Charter : (c) Section 612(a) and (b)
shall not apply;
1. to libraries or piers;
2 . to any lease, franchise, concession agreement or
other contract where;
- the contract is to perform an act or provide a
service in a .public park or beach AND
- such act was being performed or service provided
at the same location prior to January 1, 1989 AND
- the proposed lease, franchise, concession
agreement or other contract would not increase
the amount of parkland or beach dedicated to or
used by the party performing such act or
providing such service.
Fourth. The. following additional paragraph is added to Section
612 of the City Charter : (d) If any section,
subsection, part, subpart, paragraph, clause or phrase
of this amendment, or any amendment or revision of
this amendment, is for any reason held to be invalid
or unconstitutional, the remaining sections,
- subsections, parts, subparts, paragraphs, clauses or
phrases shall not be affected but shall remain in full
force and effect.
Res. No. 6187
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
Of- July 19 go by the following vote:
i
AYES: Councilmembers:
MacAllister, Winchell , Green, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister out of room
Cit
y er an ex-o i 10 er
of the City Council- of the City
of Huntington Beach, California
y REQUEST FOR CITE' COUNC1:1 ACTION 646"j)
t
Date July 16, 1990
Submitted to: Honorable Mayor and Members of the,Cit Council
Connie Brockway, City Clerk �'V
Submitted by: /, ?es �
Prepared by: � ��
Connie Brockway, City Clerk *
RESOLUTION REQUESTING TO CONSOLIDATE A GENERAL MUNICIPAL
Subject: ELECTION WITH COUNTY OF ORANGE ON NOVEMBER 6, 1990
Consistent with Council Policy? ( }t Yes ( ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source 4-
STATEMENT OF ISSUE: �,,�
The City Clerk is submitting Resolution No. 6188 — "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1990, WITH THE
STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO
SECTION 23302 OF THE ELECTIONS CODE.
RECOMMENDATION:
Adopt: Resolution No. 6188 — Consolidating election with county.
ANALYSIS: m
The City Charter states that City elections must be held pursuant to the State Elections
Code. This resolution must be adopted to implement the November 6, 1990 election
relative to submitting a proposed Charter Amendment — "A Charter Amendment to
Restrict the Sales, Lease, Exchange and Development of the City—owned or Operated Park
and Beach Lands".
FUNDING SOURCE:
Election Account No. E—AA—CK-141-2-21-00
ATTACHMENT: Resolution No. 6188
CB:me
0831I
" i 1
RESOLUTION NO. 6188
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 6 , 1990 , WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE DATE PURSUANT TO
SECTION 23302 OF THE ELECTIONS CODE
FOR THE PURPOSE OF SUBMITTING TO THE VOTERS THE
QUESTION RELATING TO A CHARTER AMENDMENT TO RESTRICT
THE SALE, LEASE, EXCHANGE, AND DEVELOPMENT OF CITY-OWNED
OR OPERATED PARK AND BEACH LANDS
WHEREAS, the City Council of the City of Huntington Beach called
a General Municipal Election to be held on November 6 , 1990, for the
purpose of submitting to the voters the questions relating to "A
Charter Amendment to Restrict the Sale, Lease, Exchange, and
Development of City-Owned or Operated Park and Beach Lands"; and
It is desirable that the general municipal election be
consolidated with the statewide general election to be held on the
same date and that within the City the precincts, polling places ,
and election officers of the two elections be the same, and that the
county election department of the County of Orange canvass the
returns of the general municipal election and that the election be
held ,in all respects as if there were only one election;
NOW, THEREFORE, the City Council of the City of Huntington Beach
does Resolve, Declare, Determine, and Order as follows :
SECTION 1 . That pursuant to the requirements of Section 23302
of the Elections Code, the Board of Supervisors of the County of
Orange is hereby requested to consent and agree to the consolidation
of a .general municipal election with the statewide general election
on Tuesday, November 6 , 1990 .
' 9
_1_
SECTION 2 . That a measure is to appear on the ballot as follows :
Should the City of Huntington Beach City Charter
I
be amended to require that no City park or beach YES
may be sold, leased, exchanged, or transferred or i
improved with a golf course, driving range, road, j
building over 3 , 000 square feet in floor area, — --j
nor structure costing more than $100 , 000 without I
the affirmative votes of at least a majority of NO
the total membership of its City Council and of
the electors voting on such proposition at a
general or special election.
SECTION 3 . That the county election department is authorized to
canvass the returns of the General Municipal Election. The election
shall be held in all respects as if there were only one election,
and only one form of ballot shall be used .
SECTION 4 . That the Board of Supervisors is requested to issue
instructions to the county election department to take any and all
steps necessary for the holding of the consolidated election.
SECTION 5 . That the City of Huntington Beach recognizes that
additional costs will be incurred by the County by reason of this
consolidation and agrees to reimburse the County for any costs .
SECTION 6 . That the City Clerk is hereby directed to file a
certified copy of this resolution with the Board of Supervisors and
the county election department of the County of Orange.
SECTION 7 . That the City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of original
-2-
resolutions .
PASSED AND ADOPTED by the City Council of the City of Huntington
4
Beach at a regular meeting thereof held on the 16th day
of July 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ty� torney r
i
REVIEWED AND APPROVED:
!C f y Administ for
-3-
0
Res, No. 6188
1
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
Of July 19 90 by the following vote:
AYES: Councilmembers:
MacAllister, Winchell , Green, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister out of room
City Clerk and ex-o , ! io Clerk
of the City Council of the City
of Huntington Beach, California
A REQUE%`-0 FOR CITY COUNG ACTION
July 16, 1990 -
Date
Honorable Mayor and Members of the C Co R
Submitted to:
Connie Brockway, City Clerk
Submitted by: ?esConnie Brockway, City Clerk
Prepared by:
RESOLUTION SETTING PRIORITIES FOR WRITTEN ARGUMENT
Subject: REGARDING CITY MEASURE AND DIRECTING ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS
Consistent with Council Policy? N ] Yes [ ] New Policy 7
Statement of Issue, Recommendation, Analysis, Funding Source, % � �a� G ✓
STATEMENT OF ISSUE:
The City Council may adopt a resolution setting priorities for filing a written argument
regarding a proposed measure to amend the City Charter - "A Charter Amendment to
Restrict the Sale, Lease, Exchange and Development of City-owned or operated Park and
Beach Lands" - and may direct the City Attorney to prepare an impartial analysis.
RECOMMENDATION:
The City Council after naming its authorized members may adopt Resolution No. 6189 -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING
A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS."
ANALYSIS:
The City Charter states that City elections must be held pursuant to the State Elections
Code. The Elections Code provides that Council may authorize members of its body to
file a written argument regarding a City measure to be signed by no less than one or more
than five of its members. The Council may also direct the City Attorney to prepare an
impartial analysis.
FUNDING SOURCE:
Elections Account No. E-AA-CK-141-2-21-00 - 1990-91 Budget. n
ALTERNATIVE ACTIONS:
Council may choose not to adopt said resolution authorizing its members to file an
argument whereby selection of an argument shall be pursuant to S. 5016 of the Elecns
Code. Also, the City Council may choose not to direct the City Attorney to prepare an
impartial analysis.
ATTACHMENTS: Resolution No. 6189
Elections Code Sections 5010, 5013, 5016
Resolution No. 4604 adopted 3/13/78 - Perpetual resolution which
provides for the filing of rebuttal arguments.
CB:me
0831I
P10 4/84
1
RESOLUTION NO. 6189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA,
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS RELATIVE TO THE PROPOSED CHARTER AMENDMENT
TO RESTRICT THE SALE, LEASE, EXCHANGE, AND DEVELOPMENT
OF CITY-OWNED OR OPERATED PARK AND BEACH LANDS
WHEREAS, a General Municipal Election is to be held in the City
of Huntington Beach, California, on November 6, 1990, at which there
will be submitted to the voters the following measure:
Should the City of Huntington Beach City
Charter be amended to require that no
City park or beach may be sold, leased,
exchanged or transferred or improved with YES
a golf course, driving range, road,
building over 3 , 000 square feet in floor
area , nor structure costing more than
$100 , 000 without the affirmative votes of NO
at least a majority of the total membership
of its City Council and of the electors
voting on such proposition at a general or
special election.
NOW, THEREFORE, THE CITY COUNCIL OF HUNTINGTON BEACH,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS :
SECTION 1 . That the City Council directs the City Clerk to
transmit a copy of the measure to the City Attorney, unless the
organization or salaries of the office of the City Attorney are
affected . The City Attorney shall prepare an impartial analysis of
the measure showing the effect of the measure on the existing law
i
-1-
r
and the operation of the measure . If the measure affects the
organization or salaries of the office of the City Attorney, the
City Clerk shall prepare the impartial analysis . The impartial
analysis shall be filed by the date set by the City Clerk for the
filing of primary arguments .
SECTION 2 . That the City Clerk shall certify to the passage and,
adoption of this resolution and enter it into the book of original
resolutions .
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 16th day
Of July 1990 .
Mayor
4
ATTEST: APPROVED AS TO FORM:
City Clerk Attorney
REVIEWED AND APPROVED:
City=Administr
-2-
e
Res. No. 6189
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I , CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
of July 1990 by the following vote:
AYES: Councilmembers:
MacAllister, Winchell , Green, Mays , Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister out of room
City Clerk and ex-o i to Clerk
of the City Council of the City
of Huntington Beach, California
i
CERTIFICATE AS TO VERIFICATION OF
SIGNATURES FOR INITIATIVE PETITION
State of California)
) ss.
County of Orange )
I, Donald Tanney, Registrar of Voters of the County of Orange, do
hereby certify that I am the county officer having charge of the
registration of voters in the County of Orange, and I have examined, or
caused to be examined, the attached petition entitled "A CHARTER AMENDMENT
TO RESTRICT THE SALE, LEASE , EXCHANGE AND DEVELOPMENT OF CITY-OWNED OR
OPERATED PARK AND BEACH LANDS" for the City of Huntington Beach.
I further certify that from said examination I have determined the
following facts regarding these documents:
Number of signatures examined: 18,565
Number of signatures verified: 18,565
Number of signatures found valid: 14,751
Number of signatures found invalid: 3,814
Number of signitures found invalid
because of being duplicate signatures: 1,307
WI-INESS my hand and Official Seal this 9th day of July, 1990.
DONALD TANNEY
r�'F.�='�,r III•••••••• '`,���`e,, Registrar of Voters
Orange County
a
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
GAIL HUTTON From CONNIE BROCKWAY
To CITY ATTORNEY CITY CLERK
ELECTION CODE REQUIREMENTS
Subject FOR PETITION TO AMEND Date 7/10/90
CITY CHARTER
I have attached section of the election code pertaining to determining the number of
signatures necessary to qualify a Charter Amendment Petition.
1. Election Code 4010 was used to determine how many signatures were
required.
4010. 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 clerk to the Secretary
of State pursuant to Section 607 effective at the time the notice specified in Section
4002 was published,or in a city with 1,000 or less registered voters the signatures
of 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 legislative body shall either:
(a) Introduce the ordinance without alteration at the regular meeting at which
it is presented and adopt the ordinance within 10 days after it is presented;or
(b) Immediately order a special election, to be held not less than 88 nor more
than 103 days after the date of the order,at which the ordinance,withoutalteration,
shall be submitted to a vote of the voters of the city.
(c)Order a report pursuant to Section 4009.5 at the regular meeting at which the
ordinance is presented. When the report is presented to the legislative body, the
legislative body shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision(b).
(Amended by Stats. 1988,c.954,§5.)
(continued)
s "
as
Gail Hutton
Page 2
2. However, Election Code 4080 Article 3 — City City or City County_ Charters states
the following:
Article 3.City or City and County Charters
4080. City or City and County Charter proposals submitted to voters.
(a)The following city or city and county charter proposals shall be submitted to
the voters at either a special election called for that purpose, at any established
municipal election date,or at any established election date pursuant to Section 2500;
provided that there are at least 88 days before the election:
(1) A charter proposed by a charter commission, whether elected or ap-
pointed by a governing body. A charter commission may also submit a charter
pursuant to Section 34455 of the Government Code.
(2)An amendment or repeal of a charter proposed by the governing body of
a city or a city and county on its o�vn motion.
G.3)An-anze.n irnent or repeal of_a_city chafter_propdsed by petitio rsigned
Cr)v-=1=5 prcenLof_!.hc registered voters of the cite?
(4) An amendment or repeal of a city and county charter proposed by a
petition signed by 10 percent of the registered voters of the city and county.
(5)A recodification of the charter proposed by the governing body on its own
motion, provided that the recodification does not, in any manner, substantially
change the provisions of the charter.
(b) Charter proposals by the governing body and charter proposals by petition
of the voters may be submitted at the same election.
(c)The total number of registered voters of the city or city and county shall be
detennined according to the county clerk's last official report of registration to the
Secretary of State. _
(Added by Stats. 1988,c.357,§3.)
3. Election Code 4081 of Article 3 — refers the proponents back to several Sectiorsof the
Initiative Petition Process such as 4002 which requires the proponents to publish etc;
but does not refer to Section 4010 which was used to determine that 15% of the
102,008 signatures was required.
4081. Notice of intent to circulate petition;affidavit of publication.
The proponents of a measure proposing to amend a charter shall publish or post,
or both,a notice of intent to circulate the petition in the same form,, and manner as
prescribed in Sections 4002,4002.5,4002.7,and 4003.Th,e proponents shall also file
an affidavit prescribed in Section 4004 with the clerk of the legislative body of the
city,and,with respect to the petition,shall be subject to the requirements contained
in Section 4005,
(Amended by Stats. 1988,c.357, 0,5.)
4. Election Code 4080 — Charter states:
"The total number of registered voters of the city or city and county shall be
determined according to the county clerk's last official report of registration to
the Secretary of State."
and the last reported was 5/7/90 — 96,134. 15% of 96,134 = 14,420 which the
petitioners did obtain.
Gail Hutton
Page 3
The registration required by Election Code 4010 was 102,008 and 15% of 102,008 = 15,302
which the petitioners were short 550 votes.
Per our conversation yesterday, here are the following phone numbers.
Oliver Cox - Secretary of State - Elections Division (916) 445-6371
Roz Lever - Registrar of Voters - (714) 567-7567
Paul Marshall - Martin & Chapman - (714) 939-9866
The resolutions are already prepared and if the code allows the petition to go forward, the
resolutions should be adopted no later than July 23rd by the City Council.
I have attached the county's Certificate as to Verification of Signatures For Initiative
Petition. The registrar uses the word initiative on these certificates even when it is a
Charter Amendment. In the Elections Code, Initiative is Article 1 and City or City and
County Charters is Article 3. The Election Code refers petitioners for Charter
Amendment back to Article 1 for many things they have to do for a charter amendment
petition. Also Charter Petitions allow 200 days to circulate and Initiative Petitions 180
days to circulate.
Please, if you can, inform me by tomorrow as time is getting short.
E 5 ®U N rly ®F FR^N G Direecc!E R. SCOTT
tor,General Services Agency
2 1 -
5 � C:)
� GENERAL SERVICES AGENCY
REGISTRATION & ELECTIONS DIVISION
DONALD TANNEY Mailing Address:
REGISTRAR OF VOTERS P.O.Box 11298
1300 S. Grand Avenue Santa Ana.California 92711
Santa Ana, CA 92705
(714) 567-7600
TDD (714) 567-7608
July 9, 1990
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Dear Ms. Brockway:
Enclosed is our Certificate as to Verification of Signatures for
the petition entitled "A Charter Amendment to Restrict the Sale,
Lease, Exchange and Development of City-Owned or Operated Park
and Beach Lands" for the City of Huntington Beach.
The number of registered voters in the city of Huntington Beach
as of the report of registration to the Secretary of State dated
May 7, 1990 is 96,134.
Very truly yours,
Rosalyn Lever
Assistant Registrar of Voters
enc.
A t
j �rJy
R.A.SCOTT
7i4- 4 ®U N-rY ®FC:> R^N C E Director.General Ser er Agency
.O , I
�5 GENERAL SERVICES AGENCY
REGISTRATION & ELECTIONS DIVISION
DONALD TANNEY Mailing Address:
REGISTRAR OF VOTERS P.O.Box 11298
1300 S. Grand Avenue Santa Ana.California 92711
Santa Ana, CA 92705
(714) 567-7600 f
TDD (714) 567-7608
tF
July 9, 1990
Connie Brockway '
City of Huntington Beach
City Hall
2000 Main Street
Huntington Beach, California 92648
Dear Ms. Brockway:
Enclosed is our Certificate as Verification of Signatures for the
it
petition "A Charter Amendment to Restrict the Sale, Lease, Exchange and
Development of City-Owned or Operaed Park and Beach Lands" for the City of
Huntington Beach.
The number of registered voters in the city of Huntington Beach as of the
report of registration to the Secretary of State dated September 12, 1989
was 102,008. -
Verr, truly yours,
l i
o
Beverly Warner
Election Section Superv ' or
Enclosure
C L. FICAfE AS TO VERIFICATION OF 0
SIGNATURES FOR INITIATIVE PET11ION
0
State of California) fi
ss.
County of Orange
1, Donald Tanney, Registrar of Voters of the County of Orange, do,
hereby certify that I am the county officer � having charge of the
registration of voters in the County of Orange, and .1 have examined, or
caused to be examined, the attached petition entitled "A CHARIER AMENDMENT
TO RESTRICT THE SALE, LEASE , EXCHANGE AND DEVELOPMENT OF CITY-OWNED OR
OPERATED PARK AND BEACH LANDS" for the City of Huntington Beach.
I further certify that from said examination I have determined the
following faCtS regarding these documents:
Number of signatures examined:
Number of signatures verified: 1_8 65
Number of signatures found valid: 14,751
Number of signatures found Invalid:
Number of signitures found Invalid
because of being duplicate signatures: 1,307
WITNESS my hand and Official Seal this 9th day of July, 1990.
Z
MPH
DONALD TANNEY
Registrar of Voters
Orange County
From CITY ATTORNEY
v
Subject PROPOSED CHAR1_ - AMENDMENT Date JULY 12, 1990
BALLOT MEASURE "PUBLIC
UTILITIES AND PARKS AND BEACHES";
CALCULATION OF NUMBER OF VOTES
NECESSARY TO QUALIFY
QUESTION:
You have posed the following question:
"Election Code §4010 and 4080(5)(c) each appear to govern the number of signatures
required to place the subject charter amendment on the ballot, since it appears these
sections are in conflict, which section applies?" j
j
ANSWER:
The number of signatures required to place a city charter amendment on the ballot
is governed by Elections Code §4080(5)(c). Section 4080(5)(c) provides that the number of
signatures relates to the last official report of the County Clerk to the Secretary of State. '
i
ANALYSIS: `
There are two sections in the Elections Code governing the number of signatures needed
for a ballot measure. Section 4010 governs Inititives and Section 4080(5)(c) governs
Freeholder's Charter Amendments.
l {
Plain Meaning Rule
I
The governing rule of statutory construction is that "the meaning of the statute .
must, in the first instance, be sought in the language in which the act is framed, and if
that is plain, ... the sole function of the courts is to enforce it according to its terms."
Caminetti v. U.S. 242 U.S. 470. This is the "plain meaning" rule. The requirement is to
literally interpret language which is plain, unambiguous, direct and certain, which I find
Section 4080(5)(c) to be.
Interpretation of Ambigious Statute
I
Section 4010 provides that number of required signatures be calculated from the
last reported results at the time the Section 4002 notice is published rather than merely
the last reported results as prescribed by Section 4080(5)(c). The phrase "effective at the ..
time of the Section 4002 notice was published" was added to Section 4010 in 1980. Prior
to the addition 4080 read as Section 4080(5)(c) reads today.
1
i
CONNIE BROCKWAY
JULY 12, 1990
PAGE TWO
In 1988 Section 4080(5)(c) was adopted to the Election Code provisions governing
Freeholder's Charter Amendments. Because the legislature was presumed [at the time of
the adoption of Section 4080(5)(c)] to be aware of the difference in wording between the
existing Section 4010 and "new" Section 4080, it may not be taken that the legislature
intended to incorporate the verbage which was "left out."
Put another way, by leaving out of Section 4080 the words "effective at the time of
the Section 4002 notice" the clear legislative intent was that the last reported results be
used not the last reported results effective at the time the Section 4002 notice was
published.
However, if Section 4080(5)(c) were held to be ambiguous then it would be necessary
to ascertain the clear legislative intent. In order to ascertain legislative intent one would
be required to read Sections 4010 and 4080(5)(c) together and to "borrow" language from
one to the other, if required, since statutes on the same subject are to be construed
together.
When "words used in a prior statute are omitted, it is presumed that a change of
meaning was intended" Chertkof v. United States 676 F.2 984 (CA 4 1982); Craven v.
Crout 163 Cal.App. 3d 779, 209 Cal.Rptr. 649 (1985).
"Where a statute referring to one subject contains a critical word or phrase,
omission of that word or phrase from a similar statute on the same subject generally
shows a different legislative intent. The fact that (the later) section contains no similar
language as adopted is an unmistakable indicator that the legislature did not intend that
section (to include the omitted language)" - quoting from Craven, supra, emphasis
added.) Thus, if the "clear meaning" rule did not apply the "legislative intent" rule would
also provide that Section 4080(5)(c) would prevail. Also see Sutherland Statutory
Construction (4th Ed.) §51.02, 13.
CONCLUSION:
The number of required signatures for a City Charter amendment is governed by
Elections Code §4080(5)(c) which provides that the latest report of registration be used
not the last report at the time the Section 4002 notice was published.
GAIL HUTTON
CITY ATTORNEY
-7- 1)--96
GCH:ksa !�-' YjP M.
cc: Michael T. Uberuaga, City Administrator
Honorable Mayor Tom Mays and Members of the City Council