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HomeMy WebLinkAboutNovember 6, 2012 - General Municipal Election - Measure AA - City ®f Huntington Beach 2000 Main Street ® Huntington Beach, CA'92648 (714) 536-5227 ® www.huntingtonbe��hca.gou Office of the City Clerk ` Joan L. Flynn, City Clerk NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENTS FOR OR AGAINST A CITY MEASURE (TO CONFIRM THAT ALL TAXES, ASSESSMENTS AND PROPERTY RELATED FEES AS SET FORTH IN ORDINANCE NO. 3953 APPLY TO ALL RESIDENTS, PROPERTY OWNERS AND BUSINESSES IN THE CITY OF HUNTINGTON BEACH) MAY BE SUBMITTED TO THE CITY CLERIC NOTICE IS HEREBY GIVEN that the General Municipal Election is to be held in the City of Huntington Beach on Tuesday, November 6, 2012, at which there will be submitted to the voters the following measure: Without increasing taxes or rates, shall Ordinance No. 3953, which provides that the City's existing taxes, assessments YES and property related fees apply to Sunset Beach, recently annexed to the City, so those measures apply equally to all residents, property owners, transients, business owners and visitors in the City to fund City services such as police, fire, street repair, parks and libraries, provided that existing No exemptions for low-income seniors and disabled residents continue be approved? NOTICE IS FURTHER GIVEN that pursuant to'Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, the legislative body of the City, or any member or members thereof authorized by the body, or any individual voter or bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s)of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, for or against the City measure. NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Clerk has fixed July 30, 2012,�during normal office hours, as posted, as the date after which no arguments for or against the City measure(s) may be submitted to the clerk for printing and distribution to the voters as provided in the Article 4. Arguments shall be submitted to the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, at the City Hall, Huntington Beach, California. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk. NOTICE IS FURTHER GIVEN that the city council had determined that rebuttal arguments, not to exceed 250 words in length, as submitted by the authors of the opposing direct arguments, may be filed with the Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, not more than 10 days after the final date for filing direct arguments. The final date for rebuttals to be delivered to the(%ty Clerk is August 9, 2012 at close of business day. NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or direct argument filed under the authority of the elections code will be available for public examination in the clerk's office for not less than 10-calendar days from the deadline for the filing of the arguments and analysis. Any rebuttal argument filed under the authority of the elections code will be available for public examination in the clerk's office for not less than 10-calendar days from the deadline for filing rebuttal arguments. (/ Odfl of the City C}7�j id dmt Joan L lynn, City er Public on the 6A. Dated: July 17, 2012 board at the CMc ,dace arEat k' L' a. . . Date fj Q I I. ILU I 2J ' Sister Cities: Anjo,Japan ® Waitakere,New Zealand ftnature f411W � P F PUBLICATION I; JOAN L. FLYNN, the'. duly elected, qualified, City Clerk of the City of,' Huntington Beach, and STATE OF CALIFORNIA) City Clerk of the, City Council of said City,; ` 'do hereby certify than 1 SS, the) whole number of'. members of the .City,"' COUNTY ®F ®RANGE Council of the City'of, i1�9 ORANGE Huntington Beach is seven; that the -fore- going Ordinance 39537 , was presented to the City Council on July 16,., 1 am a citizen of the United States and a 2012 at a regular' meeting of the City resident of the County of Los Angeles; I Council; and was;read'; ;by title by the City., am over the age of eighteen years, and Clerk. The Ordinance was introduced 6-0-1, not a party to or interested in the notice (Carchio absent). Thereafter, it was pre- published. I am a principal clerk of the sented to the electorate of the,City of Hunting- HUNTINGTON BEACH ton Beach as Measure which was adjudged a ncipal EectonehelldMu- INDEPENDENT, , n Tuesday, .November 6, newspaper of general circulation on 2012 and was passed by a vote of 65,307 Yes,, September 29, 1961, case A6214, and 1 and 12,395 No.The elec-. June 11, 1963, case A24831, for the brought'beforesThe City; Council for certification City of Huntington Beach, County of and ratification on Mon- day,December3,2012. Orange, and the State of California. at a regular meeting,. and, was passed and Attached to this Affidavit is a true and adopted by the affirm- ative vote of all the complete copy as was printed and members of said City, Council. published on the following date(s): PASSED AND ADOPTED by the people of the City of.Huntington Reach at, Thursday, December 2® 2012 a special municipal pur- pose 5 tion called for that pur-' pose and held on the 6th day of November 2012. AYES: Shaw, •Harper,; Dwyer,Hansen, Carchio, Bohr,Boardman I certify (or declare) under penalty NOES:None ABSTAIN:None of perjury that the foregoing is true THE FULL EX p l y g g THE FULL TEXT OF THE CITY OFHUNTINGTON ORDINANCE IS Avaa and correct. BEACH ABLE SIN THE CITY, LEGAL NOTICE This ordinance is effec- ORDINANCE NO.3953 tide 10 do yys after Adopted f�tE�I �O{fIKI� adoption by the peoplei p y City of t e City pursuant to on 2012 Elections Code Section' Executed on December 28, 2012 "AN ORDINANCE OF THE 92TYOFHUNTINGTON CITY OF HUNTINGTON BEACH at Los Angeles, California BEACH E C CONFIR IOF 2000 MAIN STREET TAXES, ASESSMENTS HUNTINGTONBEACH,. AND PROPERTY RELAT- CA 926.43 ED FEES ON ALL OF ITS 714-536-5227 RESIDENTS, BUSINESS JOAN L.FLYNN,CITY OWNERS, TRANSIENTS, CLERK AND PROPERTY OWN- Published H.B. ' ERS OF THE CITY,OF INdependentl2/20/ HU HUNTININGTON BEACH" 2012 s SYNOPSIS: _ Signature ORDINANCE NO. 3953 (UNCODIFIED) AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH j N ' CONFIRMING THE IMPOSITION OF TAXES, ASSESSMENTS AND PROPERTY RELATED FEES ON ALL OF ITS RESIDENTS, BUSINESS OWNERS, TRANSIENTS, AND PROPERTY OWNERS OF THE CITY OF HUNTINGTON BEACH The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1. Confirmation of Existing Taxes,Assessments and Property Related Fees. The purpose of this ordinance is to confirm the application to all property owners,business owners, residents,and transients of the recently annexed area known as Sunset Beach of the existing City of Huntington Beach taxes,assessments and property related fees including but not limited to all Charter Property Taxes; Utility User Taxes; Transient Occupancy Tax; Business License Tax; Refuse Collection, Water, Sewer,Oil and Storm Drain Fees; in addition to any other tax or assessment or property related fee not mentioned herein but now existing pursuant to applicable law. The applicability,type,methodology, rate and method of collection of the taxes, assessments and property related fees are as set forth in the respective Charter or Ordinance provisions governing each tax,assessment or property related fee. SECTION 2. Severability. Should any provision of this Ordinance,or its application to any person or circumstance,be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void,that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and,to that end,the provisions hereof are severable. SECTION 3. This ordinance shall become effective 10 days after its adoption by the people of the city pursuant to Elections Code § 9217. SECTION 4. The Mayor and City Clerk of the City are hereby authorized to execute this ordinance where indicated below to confirm its adoption by the People and its effectiveness. We hereby certify that the foregoing ordinance was PASSED AND ADOPTED by the People of the City of Huntington Beach at a special municipal election called for that purpose and held on the 6th day of November 2012. SIGNED: s/Don Hansen, Mayor ATTEST: s/Joan L. Flynn, City Clerk REVIEWED AND APPROVED: s/Fred Wilson,City Manager APPROVED AS TO FORM: s/Jennifer McGrath,City Attorney 12-3404/81661 { 11 City of Huntington Beach _ - 2000 Main Street ♦ Huntington Beach, Ckgi648 (714) 536-5227 ♦ www.huntingtonbe Jfltgff Fib 2: 25 ' �Fe•q,�g09.p�. Office of the City Clerk - / ' Joan L.Flynn,City Clerk N u=3 =1=.=` NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENTS FOR OR AGAINST A CITY MEASURE (TO CONFIRM THAT ALL TAXES, ASSESSMENTS AND PROPERTY RELATED FEES AS SET FORTH IN ORDINANCE NO. 3953 APPLY TO ALL RESIDENTS, PROPERTY OWNERS AND BUSINESSES IN THE CITY OF HUNTINGTON BEACH) MAY BE SUBMITTED TO THE CITY CLERK NOTICE IS HEREBY GIVEN that the General Municipal Election is to be held in the City of Huntington Beach on Tuesday, November 6,2012.at which there will be submitted to the voters the toll measure: Without increasing taxes or rates, shall Ordinance No. 3953, which provides that the City's existing taxes,assessments vEs and property related fees apply to Sunset Beach, recently annexed to the City,so those measures apply,equally to all residents, property owners,transients, business owners and visitors in the City to fund City services such as police,fire, street repair,parks and libraries, provided that existing NO exemptions for low-income seniors and disabled residents continue be approved? NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9 of the Elections Code of the State of California,the legislative body of the City, or any member or members thereof authorized by the body,or any individual voter or bona fide association of citizens,or any combination of voters and associations,may file a written argument,not to exceed 300 words in length,accompanied by the printed name(s)and signature(s)of the author(s)submitting It,or if submitted on behalf of an organization,the name of the organization,and the printed name and signature of at least one of its principal officers who is the author of the argument,for or against the City measure. NOTICE IS FURTHER GIVEN that,based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election,the City Clerk has fixed July 30,2012,during normal office hours, as posted, as the date after which no arguments for or against the City measure(s)may be submitted to the clerk for printing and distribution to the voters as provided in the Article 4. Arguments shall be submitted to the City Clerk,accompanied by the printed name(s)and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument,at the City Hall, Huntington Beach,California. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk. NOTICE IS FURTHER GIVEN that the city council had determined that rebuttal arguments, not to exceed 250 words in length,as submitted by the authors of the opposing direct arguments,may be filed with the clerk,accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument, not more than 10 days after the final date for filing direct arguments.The final date for rebuttals to be delivered to the City Clerk is August 9,2012 at close of business day. NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or drect argument filed under the authority of the elections code will be available for public examination in the derk's office for not less than 10-calendar days from the deadline for the filing of the arguments and analysis. Any rebuttal argument filed under the authority of the elections code will be available for public examination in the clerk's office for not less than 10-calendar days from the deadline for filing rebuttal I arguments. I dedare, uwie: oer:aky at perjury, that I am employed by the Cltr of Huntingwn Beach In the Office of the City Clerk,a. that I poems t Joan Lolynn,City a publk notice on the J� � btd Dated. 7,2012 bowd at the Clvk D or I , at Sister Cities: Anjo,Japan ♦ Waitakere,New Zealand ,Carn - . —! v us -7 , 2 0 12 AA LIC-3 J—D G -10 t Yvi VA r, Voo k I i A --H-- i Aio c-4- we, s �aS fed 0 Y\ 9VASZ.�- RClCk OJPJA IOIAI�,+IA k"l rcQ +A 3 ' jo .........�� v Impartial Analysis of Measure Prepared By the City Attorney The area known as Sunset Beach was recently annexed to the City of Huntington Beach. Sunset Beach is a small island as defined by California Laws regarding annexation, and therefore its residents were not afforded the opportunity to vote on annexation. Ballot Measure proposes that voters confirm via adoption of ordinance that property owners, business owners, residents, and transients in the Sunset Beach area pay the same taxes, assessments and property related fees as the rest of the residents of Huntington Beach. These items include, but are not limited to, property taxes, utility user taxes, transient occupancy taxes, and business license taxes; fees related to refuse collection, water, sewer, oil, and storm drains; and any other tax or assessment or property related fee not mentioned herein but now existing pursuant to current law. The proposed ordinance will not change methodology, rate and method of collection of these items, as set forth in their respective Charter or Ordinance governing provisions. A "yes" vote is in favor of adopting the ordinance summarized above. A "no" vote is against adopting the ordinance. A majority of"yes"votes is required for the ordinance to be enacted. The above statement is an impartial-analysis of Ordinance 3953, Measure . If you desire a copy of the ordinance and/or measure,please call the elections official's (City Clerk) office at 714-536-5227 and a copy will be mailed to you. In addition, you may obtain a copy of the measure and/or ordinance at the City website www.huntingtonbeachca.gov. �P JENNIFER MCGRATH City Attorney ARGUMENT IN FAVOR OF MEASURE ` J 24s12 30 23 Question at hand: Should all residents of Huntington Beach be assessed the same per rata cost for the provision of municipal services (e.g. water, fire & police protection, libraries et al.) or should the newly annexed residents of Sunset'Beach fje''allowed to pay less? • In a matter of equitable fairness, we believe the residents who live in the Sunset Beach area of the city pay the same for their municipal services as all other Huntington Beach residents pay. • We believe it would be unfair for Huntington Beach residents to subsidize the cost of providing services to residents who live in the new Huntington Beach neighborhood of Sunset Beach. For more than 100 years, Sunset Beach existed as an unincorporated "county island" receiving its municipal services from both the County of Orange and the City of Huntington Beach. In an effort to make the provision of municipal services most efficient, the County has been continually looking to have its "county islands" annexed by neighboring cities. Therefore, after much detailed analysis and many public meetings the City of Huntington Beach processed and finally annexed Sunset Beach on December 6, 2010. If the residents of Sunset Beach do not pay their share of assessments and property-related fees, the City's general fund will lose approximately $500,000 each year at current rates. A loss of these funds would result in the rest of the Huntington. Beach residents living outside of Sunset Beach, subsidizing the residents living within the Sunset Beach area for approximate cost of$500,000 annually! We believe that Sunset Beach and Huntington Beach should have the right to vote for equitable fees for services. If the measure fails, Huntington Beach will be subsidizing the services for Sunset Beach. PLEASE VOTE YES! Keith Bohr *City io,;_. City Counci ember cil Member . P D vin Dwyer Mkyor Pro Tern 4 e 23 ARGUMENTS �a FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with section 9200) of the California Election Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent(s) or authors(s) of the primary Argument (In Favor of/A#&0&,+) Measure at the Municipal Election for the City of Huntington Beach to be held on November 6, 2012 hereby state that the argument is true and correct to the best of his/her/their knowledge and belief. Printed Name: Keith Bohr Date: July 30, 2012 Title: City Council Member Signature: Printed Name: Joe Carchio Date: J 2012 Title: City Council Member Signat \ Printed Name: Devin Dwyer Date: J ly 12 Title: Mayor Pro Tern Signat re: , Printed Name: Date: Title: Signature: Printed Name: Date: Title: Signature: 6 14 at >> Council/Agency Meeting Held: Deferred/Continued to: *A proved onditjonally Approv d ❑ Denied Cle 's S* n ture uT — Council Meeting Date: July 16, 2012 Departm t ID Number: CA 12-011 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED BY: Jennifer McGrath, City Attorney SUBJECT: Resolution No. 2012-50 consolidating with the County the November 6, 2012, Election and proposing Ordinance No. 3953 to confirm that all taxes, assessments and property related fees as set forth in the Ordinance apply to all residents, property owners and businesses in the City Statement of Issue: Pursuant to the Huntington Beach Charter and Municipal Code, the City currently levies taxes, assessments and property related fees on all of its residents, property owners and businesses to fund essential City services. These now include residents, property owners and business owners of the newly annexed area known as Sunset Beach. If the City Council desires to gain voter confirmation of the equal application of all existing Huntington Beach taxes, assessments and property related fees to all residents, property owners and businesses in Huntington Beach regardless of where located, it will be appropriate to present this ordinance for voter approval at the November election. Financial Impact: Funds to cover the full November 6, 2012, election cost (including this initiative) in the amount of $195,000 have been budgeted in the FY 2012-13 City Clerk budget 10010201.69300 — Professional Services. Recommended Action: Motion to: Adopt Resolution No. 2012-50, "A Resolution of the City Council of the City of Huntington Beach Submitting to the Qualified Electors of the City at the November 6, 2012, General Municipal Election a Measure Related to the City's Taxes, Assessments and Property Related Fees and Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 6, 2012, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Elections Code," including Exhibit A, Ordinance No. 3953. Alternative Action(s): Do not adopt Resolution No. 2012-50 Item 16. - 1 xB -156- REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: CA 12-011 Analysis: The previously unincorporated area known as Sunset Beach was recently annexed to the City of Huntington Beach. Sunset Beach is a small island as defined by California Laws regarding annexation (Cortese-Knox-Hertzberg) and, therefore, its residents were not afforded the opportunity to vote on annexation. Subsequent to annexation, Citizens Association of Sunset, a newly formed non-profit corporation, sued the City seeking an injunction, a writ of mandate or a declaratory judgment that, before the annexation may be finalized, the City must first hold an election and obtain taxation approval from the voters of Sunset Beach. On one side of the argument, Sunset Beach residents argued that because they were not permitted to vote on the annexation, the City may not impose its existing taxes (save the property tax, which is imposed and collected by the County both before and after annexation) on Sunset Beach residents post annexation. On the other side, certain Huntington Beach residents argue once the annexation takes place, all Huntington Beach taxes must automatically apply to Sunset Beach residents. A group of residents of Sunset Beach sued the City regarding the right to vote. After briefing and hearing, the trial court issued its order in favor of the City (and defendants), and the annexation was finalized. Citizens Association of Sunset filed an appeal of the Trial Court decision on October 5, 2011. Both sides are awaiting the Court of Appeal decision. Oral argument is scheduled for July 24 and a decision will be due within 90 days, or by October 22, 2012. In any event, after the Court of Appeal resolves the case (especially if on the merits' and by published opinion), we can anticipate a petition for review by the California Supreme Court. Although the Court grants review only in a tiny fraction of civil cases, this case involves a question of statewide interest that has yet to be resolved by a published appellate decision. Supreme Court review takes 12 to 24 months in most cases. Accordingly, it will be late 2013 or early 2014 before a final resolution of this dispute regarding collection of taxes, assessments and property related fees occur if the Supreme Court grants a petition for review. Absent Supreme Court review, the case will be resolved by the end of 2012. The attached Resolution and Ordinance permits voters to confirm the equal application of all existing Huntington Beach taxes, assessments and property related fees to all residents, property owners and businesses in Huntington Beach regardless of where located; before any potential further review by the California Supreme Court. ' It is possible that the Court could find the case moot because it sought only to prevent the annexation from proceeding and the annexation has already been completed—thus the relief sought by the case can no longer be provided. xB -157- Item 16. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: CA 12-011 A. Ballot Language Without increasing taxes or rates, shall Ordinance No. 3953, YES which provides that the City's existing taxes, assessments and property related fees apply to Sunset Beach, recently annexed to the City, so those measures apply equally to all residents, property owners, transients, business owners and visitors in the City to fund City services such as police, fire, street repair, NO parks and libraries, provided that existing exemptions for low- income seniors and disabled residents continue be approved? B. Ballot Arguments The Elections Code permits arguments both in favor and against any Measure to be included in the Voter Pamphlet. The first priority for submitting such arguments is given to City Councilmembers designed to do so by the City Council. Section 7 of the Resolution provides an opportunity for any Council Member to either write the argument in favor or against the Measure(s). If the Council does not designate one or more Council Members to write either of the arguments, then any other person may submit an argument in favor or against the Measure(s) (including Councilmembers acting as individual voters). If multiple arguments are submitted, the City Clerk shall then select the arguments based upon the following priorities: • The individual voter, or bona fide association of citizens, or the combination of voters and associations, who are bona fide sponsors or proponents of the Measure. • A bona fide association of citizens. • Individual voters who are eligible to vote on the Measure. In addition, the Clerk can add her own standards to supplement these rules; most often, Clerks give higher priority to arguments which are filed first. The last day for direct arguments is established by the City Clerk (in consultation with the County Registrar of Voters) and the last day for the City Attorney's Impartial Analysis to be submitted to the City Clerk is 14 days after calling the election (Election Code Section 9286). Assuming the election is called on November 6, 2012, then arguments in favor and opposed to the Measure and the City Attorney Impartial Analysis is due on July 30th, assuming you act to set the election on July 16th. Rebuttal argument would then due 10 days later, on August 9, 2012. Environmental Status: This action is categorically exempt from CEQA under 14 CCR 15273 (rates, tolls and other charges to maintain existing service levels) and because it can be seen with certainty that maintaining the City's existing revenues will not cause a direct physical change in the environment 14 CCR 15378(a). Strategic Plan Goal: Improve long-term financial sustainability. Item 16. - 3 xB -158- REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: CA 12-011 Attachment(s): 0 Em Resolution No. 2012-50, "A Resolution of the City Council of the City of Huntington Beach Submitting to the Qualified Electors of the City at the November 6, 2012, General Municipal Election a Measure Related to the City's Taxes, Assessments and Property Related Fees and Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 6, 2012, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Elections Code," including Exhibit A, Ordinance No. 3953 HB -159- Item 16. - 4 ATTACHMENT # 1 RESOLUTION NO. 2012-50 .A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY AT THE NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION A MEASURE RELATED TO THE CITY'S TAXES, ASSESSMENTS AND PROPERTY RELATED FEES AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY-OF-ORANGE TO-CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, pursuant to the Huntington Beach Charter and Municipal Code, the City currently levies taxes, assessments and property related fees on all of its residents to fund essential City services; and The City Council desires to gain voter confirmation of the equal application of all existing Huntington Beach taxes, assessments and property related fees to all residents, property owners and businesses in Huntington Beach regardless of where located; and Adoption of proposed Ordinance No. 3953, attached hereto and incorporated herein by reference as Exhibit"A" (the"Ordinance") would provide that confirmation; and By its Resolution No. 2012-21, the City Council called a general municipal election for November 6, 2012 (the"Election"); and Pursuant to Government Code Section 57330 and Election Code Section 9222, the City Council desires to submit the Ordinance to the qualified electors of the City at the Election. In addition, it is desirable that the General Municipal election be consolidated with the Statewide General election to be held on November 6, 2012, and that within the City of Huntington Beach 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 HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council finds and determines that each of the recitals and findings set forth above are true and correct. SECTION 2. The City Council proposes the Ordinance to confirm that all taxes, assessments and property related fees as set forth in the Ordinance apply to all residents, property owners and businesses in the City. The proposed type, methodology, rate and method of collection of the taxes, assessments and property related fees are as set forth in the Ordinance. As set forth in Section 3 of this Resolution, the Ordinance will be presented to the voters on November 6, 2012 at the Election. 12-3404/81716 1 Resolution No. 2012-50 SECTION 3. That pursuant to the requirements of Section 10403 and 9222 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, 2012, for the purpose of voter approval of the Ordinance, which is to appear on the ballot as follows: Without increasing taxes or rates, shall Ordinance No. 3953 ,which provides YES that the City's existing taxes, assessments and property related fees apply to Sunset Beach, recently annexed to the City, so those measures apply equally to all residents, property owners,transients, business owners and visitors in the City to fund City services such as police, fire, street repair,parks and libraries, NO provided that existing exemptions for low-income seniors and disabled residents continue,be approved? This question requires the approval of a majority of those casting votes. SECTION 4. The Measure to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated herein by this reference. SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of the time and place of holding the election is hereby 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 7. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within fourteen (14) days of the adoption of this Resolution. SECTION 8. That with respect to the above entitled measure: a. That the City Council authorizes Devi n Dwyer (Councilmember in Favor/Atai3st) Keith Bohr (Councilmember in Favor/A-gas ) Joe C a r c h i o (Councilmember in Favor/Agein4) (Councilmember in Favor/Against) (Councilmember in Favor/Against) 12-3404/81718.D0CX 2 Resolution No. 2012-50 members of that body, to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for.or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. SECTION 9. That the County of Orange 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 I0. That the Board of Supervisors is requested to issue instructions to the County of Orange election department to take any and all steps necessary for the holding of the consolidated election. SECTION 11. 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 12. 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 13. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 16tday of July, 2012. Mayor RE AND APPROVED: ROVED FORM: r, Ci a ager Attorney -7-ID-(� 12-3404/81718 3 EXHIBIT "A" TO RESOLUTION NO. 2012-50 ORDINANCE NO. 3 9 5 3 (UNCODIFIED) AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH CONFIRMING THE IMPOSITION OF TAXES,ASSESSMENTS AND PROPERTY RELATED FEES ON ALL OF ITS RESIDENTS, BUSINESS OWNERS,TRANSIENTS,AND PROPERTY OWNERS OF THE CITY OF HUNTINGTON BEACH The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1. Confirmation of Existing Taxes Assessments and Property Related Fees. The purpose of this ordinance is to confirm the application to all property owners, business owners, residents, and transients of the recently annexed area known as Sunset Beach of the existing City of Huntington Beach taxes, assessments and property related fees including but not limited to all Charter Property Taxes;Utility User Taxes; Transient Occupancy Tax;Business License Tax; Refuse Collection, Water, Sewer, Oil and Storm Drain Fees; in addition to any other tax or assessment or property related fee not mentioned herein but now existing pursuant to applicable law. The applicability,type, methodology, rate and method of collection of the taxes, assessments and property related fees are as set forth in the respective Charter or Ordinance provisions governing each tax, assessment or property related fee. SECTION 2. Severability. Should any provision of this Ordinance,or its application to any person or circumstance,be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void,that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and,to that end,the provisions hereof are severable. SECTION 3. This ordinance shall become effective 10 days after its adoption by the people of the city pursuant to Elections Code § 9217. SECTION 4. The Mayor and City Clerk of the City are hereby authorized to execute this ordinance where indicated below to confirm its adoption by the People and its effectiveness. We hereby certify that the foregoing ordinance was PASSED AND ADOPTED by the People of the City of Huntington Beach at a special municipal election called for that purpose and held on the 6th day of November 2012. ATTEST: City Clerk Mayor REVIE APPROVED: VED RM: YlffityManager City A ey 12-3404/81661 Res. No, 2012-50 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN 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 July 16, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Bohr, Boardman NOES: None ABSENT: Carchio ABSTAIN: None Cit Jerk and ex-officio rk of the City Council of the City of Huntington Beach, California