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HomeMy WebLinkAboutNovember 6, 2012 - General Municipal Election Resolution 201 SE All OF lh DEERA BOWEN I SECRETARY OF STATE A STATE OF CALIFORNIA I ELECTIONS l' 1500 uth Street,5th Floor I Sacramento,CA 95814l Tel(916)657-2166I Fax(916)653-3214I www.SW.ca.gov °iivoaN February 15, 2013 _ '7, County Clerk/Registrar of Voters (CC/ROV) Memorandum #13019 c' TO: All County Clerks/Registrars of Voters and City Clerks _.. C FROM: Katherine Montgomery j Initiative Program Manage RE: Initiatives: Report on County and Municipal Initiative Measures (2011/2012) On or before April 1 of each odd-numbered year, Elections Code Sections 9112 and 9213 require each county elections official and each city clerk to file a report with our office describing the citizen-generated initiative measures within their jurisdiction during the preceding two years. The April 1, 2013, report must contain information on all citizen-generated initiative measures circulated or voted on in calendar years 2011 and 2012. Please note: A measure placed on the ballot by the legislative body (board of supervisors or city council), recall, referendum, or due to the passage of Proposition 218 is not required to be reported. Attached you will find a reporting form to assist you in making this report. Please report on the form even if you had no initiative measures in your county or city during this time period. The report is due in our office no later than April 1, 2013.. Please return the form to: Katherine Montgomery Elections Division Secretary of State 1500 11th Street, 5th Floor Sacramento, CA 95814 Please do not hesitate to call me at (916) 657-2423 if you have any questions or comments. Name of City: REPORT ON MUNICIPAL INITIATIVE MEASURES Person Completing Form: Jo Q.� 1�, ,jl Clrk CIRCULATED FOR A VOTE OR VOTED ON IN CALENDAR YEARS r e 2011 AND 2012 Phone#: Zy-; 3 -S�Date: 2 ZObU3 (Report required by Elections Code Section 9213) Title/Subject on Initiative Did the Legislative Body Date of the election at which Outcome of Proposed Initiative Measure Measure(Note the of the City, pursuant to the initiative measure was proposition number or Elections Code§9212, voted on (or would have been (check one per measure) letter of measure if order a report prepared on voted on had it qualified) applicable) the fiscal impact and Measure Measure qualified; Measure Measure consistency of the was adopted without qualified, was circulated change by but was approved measure with the city Legislative Body of but did not not by the General and Specific the City(Elections Plans? qualify for Code§§9214 and approved voters the ballot 9215) by the voters ® Z Afo✓ Q 4 ii ti 4 � ,0 a \ Q • be �f 11 Please continue on reverse side for SUMMARY and further instructions. SUMMARY 1. Total number of initiative measures circulated for the calendar years 2011- 4. The number of initiative measures approved by the voters, 2012. ^�_ or adopted without change by the Legislative Body of the City. 2. Number of initiative measures which were circulated but did not qualify for the ballot. The number of these initiative measures for which the Legislative Body of the City(pursuant to Elections Code§9212) Number of these initiative measures for which the Legislative Body of the City ordered a report prepared on the fiscal impact and (pursuant to Elections Code§9212) ordered a report prepared on the fiscal consistency of the measure with city General and impact and consistency of the measure with city General and Specific Specific Plans. O Plans. O 5. Please return by April 1, 2013, to: 3. Number of initiative measures which qualified for the ballot but were not approved by the voters.�( Katherine Montgomery Number of these initiative measures for which the Legislative Body of the City Secretary of State (pursuant to Elections Code§9212)ordered a report prepared on the fiscal Elections Division impact and consistency of the measure with city General and Specific 1500—11"Street, 5`h Floor Plans. Q Sacramento, CA 95814 q ��NT I N GTE o� \Nro�PORgTEo �6, NOTICE OF NOMINEES FOR PUBLIC OFFICE ---- v AND CITY MEASURES -_-` NOTICE IS HEREBY GIVEN that the following persons have been nominated for the offices designated to be filled at the General Municipal Election 92 FEB 90g-Po. �pQ to be held in the City of Huntington Beach on Tuesday, November 6, 2012, and the cF�GUNTY CP following Measures will also appear on that ballot. For Member of the City Council: Vote for Three. Tony James Carter William Billy O'Connell Dave Sullivan Bob Wentzel ' Jill Hardy - _ - Jim Katapodis _ Devin Dwyer Barbara Delgleize Tim Ryan Bruce J. Brandt t: Alexander S. Polsky Erik Peterson For City Clerk: Vote for One Joan L. Flynn For City Treasurer: Vote for One Alisa Cutchen Measures to be Voted On: Measure Z--City,of Huntington Beach, City Charter Amendment Relating YES to Levy of Property Tax for Municipal Purposes Shall the proposed Charter Amendment, amending Section 607 of the Charter of the City of Huntington Beach entitled Tax Limits, as set forth in the proposed NO measure be approved? Measure AA --City of Huntington Beach, Ordinance to Apply Equal Taxation,Assessments and Property Related Fees to Sunset Beach YES Without increasing taxes or rates, shall Ordinance No. 3953, 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, parks and libraries, provided NO that existing exemptions for low-income seniors and disabled residents continue, be approved? I declare, under penaiN of perjury, that I am ers Wbyed by the City of Hunfi wg n Dwch In ft Joan L. nn, City e - Office of the City Clergy.. �''� 7 the Dated: ptember 5, 2012 on buLdn at the 0* Center on, at r + a.M./0.m Date cJL s J/C1. „tA' .. Senior Deputy City Cie* �LSW U U�m�L�SIJ UuULrJ01�1 Q��lf'U rq Ll •' C3C>YDEf3 O �FFICIAL USE rq ru Postage $ co Certified Fee 'q Postmark O Return Receipt Fee O (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) O V"! Total Postage&Fees O Sent To voo ........... ._ Street,Apt.No.; i or PO Box No. 6� M S eA 0 6 Cily Stat ZIP+ .1..[[.► ----- Kam' ` f1�(7�477iTd/.Yrr.ncsl4riY.Y3 C4�GYsrnzr�ftr . Certified Mail Provides: ❑ A mailing receipt ❑ A unique identifier for your mallpiece ❑ A record of delivery kept by the Postal Service for two years Important Reminders: ❑ Certified Mail may ONLY be combined with First-Class Mails or Priority Mails. ❑ Certified Mail is not available for any class of international mail. ❑ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ❑ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ❑ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ❑ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office-for postmarking.:If a.postmark on the Certified Mail receipt is not needed,"detabh'and affix label with postage and mail. IMPORTANT.Save this,receipt and present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 k .• City Of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov 8,'rr`49og,A�` Office of the City Clerk Joan L. Flynn, City Clerk July 25, 2012 Neal Kelley Registrar of Voters, County of Orange 1300 South Grand Avenue, Building C Santa Ana, CA 92705 Dear Neal: Enclosed are certified copies of City of Huntington Beach Resolution No. 2012-32, adopted by the City Council on July 2, 2012, and Resolution Nos. 2012-45 and 2012-50, adopted by the City Council on July 16, 2012. Resolution No. 2012-32 authorized submission to the qualified electors of the City a proposed Charter Amendment entitled Tax Limits, amending Section 607 of the Huntington Beach Charter relating to levy of Property Tax for Municipal purposes. Resolution No. 2012-45 authorized submission to the qualified electors of the City a proposed Charter Amendment entitled Tax Limits, amending Section 607 of the Huntington Beach Charter relating to levy of Property Tax for Municipal purposes, and requesting consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 6, 2012. Resolution No. 2012-50 authorized submission to the qualified electors of the City a certain measure related to the City's taxes, assessments and property related fees requesting confirmation by the approval of Ordinance No. 3953, and requesting consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 6, 2012. If you have any questions, please call me at (714) 536-5404. Sincerely, 5Joan . lynn, CMC, MPA k Attachments: Resolution Nos. 2012-32, 2012-45 and 2012-50 Sister Cities: Anjo, Japan ♦ waitakere, New Zealand C�GG�O�f]GD �GQOC� QGC�C]° r" w N r•=1 nj Postage $ CO Certified Fee r•=1 Postmark O Return Receipt Fee Here O (Endorsement Required) M Restricted Del'-'ry Fee M (Endorsement Required) O Ln Total Postage&Fees O CO Sent _1wifeSellfA! _ !!�! _ O i�rrfiil !��•�OA� � Street,Apt.No.;or PO Box No. / 1 . 17- ------------- sf" City, tate,ZIP+ .It.7diR :MIS /'(R:.IMmi 1 r. (3 6fTs-L-�' ff.V if rr4ft.M" Certified Mail Provides: ❑ A mailing receipt ❑ A unique identifier for your mailpiece ❑ A record of delivery kept by the Postal Service for two years Important Reminders: ❑ Certified Mail may ONLY be combined with First-Class Mails or Priority Mail®. ❑ Certified Mail is not available for any class of international mail. ❑ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ❑ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ❑ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ❑ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at'the post_office for postmarking. If a.postmarK on the Certified Mail receipt is not needed,defach and affix label with postage and mail. IMPORTANT:Save this reeeipt add,present it when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ® • ON • m • m ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. CourOW of ❑Agent ■ Print your name and address on the reverse X ❑A dressee so that we can return the card to you. B. Received y nn NinaW- Gr Weery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 11 D. Is delivery address different from Rem 1. ❑ e 1. Article Addressed to: If YES,enter delivery address below: ❑ No 33,3 v' 3. Service Type r)&v M-Certified Mail ❑ Express Mail �� ❑ Registered �Return Receipt for Merchandisg ❑ Insured Mail ❑C.O.D. fi:, 4. Restricted Delivery?(Extra Fee) ❑Yes f 2. Article Number 7008 0500 aool 8217 7527 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 10259502-J-154( UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • �7Y Doi= �i7i�/G7a,'-) 111�!liF�1'3lltll�ft/i)ttilf�t�iitt/t l�f tit�fl�t)it tl�t i3/!tt' City Of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk fq�t7.79BP 0 Joan L. Flynn, City Clerk July 25, 2012 Susan Novak, Clerk Board of Supervisors County of Orange 333 W. Santa Ana Blvd., Room 465 P.O. Box 687 Santa Ana CA 92702-0687 Dear Susan: Enclosed are certified copies of City of Huntington Beach Resolution No. 2012-32, adopted by the City Council on July 2, 2012, and Resolution Nos. 2012-45 and 2012-50, adopted by the City Council on July 16, 2012. Resolution No. 2012-32 authorized submission to the qualified electors of the City a proposed Charter Amendment entitled Tax Limits, amending Section 607 of the Huntington Beach Charter relating to levy of Property Tax for Municipal purposes. Resolution No. 2012-45 authorized submission to the qualified electors of the City a proposed Charter Amendment entitled Tax Limits, amending Section 607 of the Huntington Beach Charter relating to levy of Property Tax for Municipal purposes, and requesting consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 6, 2012. Resolution No. 2012-50 authorized submission to the qualified electors of the City a certain measure related to the City's taxes, assessments and property related fees requesting confirmation by the approval of Ordinance No. 3953, and requesting consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 6, 2012. If you have any questions, please call me at (714) 536-5404. Sincerely, oan . Iyn C, MPA City erk A chments: Resolution Nos. 2012-32, 2012-45 and 2012-50 Sister Cities: Anjo,Japan ® Waitakere,New Zealand RESOLUTION NO. 2012-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER AMENDMENT RELATING TO LEVY OF PROPERTY TAX FOR MUNICIPAL PURPOSES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,NOVEMBER 6, 2012,AS CALLED BY RESOLUTION 2012-21 WHEREAS, a General Municipal Election on Tuesday, November 6, 2012 has been called by Resolution No. 2012-21, adopted on June 4, 2012, and Pursuant to authority provided by Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at §9255) of the Election Code, a petition has been filed with the legislative body of the City of Huntington Beach signed by more than five percent of the voters for all candidates for Governor at the last gubernatorial election preceding the issuance of the circulating title and summary for the initiative measure by the City Attorney as required by Proposition 218 and Article 3, Section 9034 of the California Election Code; 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 does hereby resolve as follows: 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: "Shall the proposed Charter Amendment, amending Section 607 of the Charter of the City of Huntington YES Beach entitled Tax Limits, as set forth in the proposed measure be approved?" NO 2. That the text of the Charter Amendment submitted to the voters is attached as Exhibit A. 3. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 1 12-3382/81035.doc Resolution No. 2012-32 5. 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 2 n d day of July ,2012. Mayor REVIE ND APPROVED: INITIATED AND APPROVED: Citymap er Ci Clerk OVED AS ORM: it Attorney , z- 2 12-3382/81035 Resolution No. 2012-32 IEXHIBIT A Section 607. TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 4- A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year,which constitute general obligations of the City; and (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually, based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit: parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. 81037.doc Res. No. 2012-32 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 02, 2012 by the following vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None Cito,lerk and ex-officio erk of the City Council of the City of ka�3pa ® �a �` Huntington Beach, California 'Wring0Y the.4 inal on file in this Of"—- 20 eat �. CtW Clads and Ex-o lelo Huntington erk fthe COY Council of 2 Clky (7" RESOLUTION NO. 2012-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH 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, the City Council of the City of Huntington Beach is submitting to the voters a question relating to a charter amendment, amending section 607 of the Huntington Beach Charter entitled Tax Limits; and 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 as follows: 1. That pursuant to the requirements of Section 10403 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 a measure which is to appear on the ballot as follows: "Shall the proposed Charter Amendment, amending YES Section 607 of the Charter of the City of Huntington Beach entitled Tax Limits, as set forth in the proposed measure be approved?" NO 2. 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. 3. 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. 4. 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. 1 12-3382.001/81589 or-,,3 Resolution No. 2012-45 5. 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. 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16 t h day of July , 20 12 . Mayor REVIE D ND APPROVED: INITIATED AND APPROVED: Ci ger City Clerk APPROVED ORM: Attorney 7A 12-3382.001/81589 Res. No. 2012-45 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, Carchio, Bohr, Boardman NOES: None ABSENT: None ABSTAIN: None The foregoing instrument is E 00'V CqW of the original on file in this offlM. Attest �-�-- 20 CA/Clerk and ex-officio Jerk of the �pp� `Lyn � City Council of the City of City lark and Ex-off cG lel of th® C Huntington Beach, California Cou it the CRY of Huntington Bed, C&s BY Puty �� of .�' R 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 �r9-6E l or S Re Solution 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/A-gftiftst) Keith Bohr (Councilmember in Favor/Against) Joe Carchi o (Councilmember in Favor/Agate) (Councilmember in Favor/Against) (Councilmember in Favor/Against) 12-3404/81718.DOCX 2 � � 6F .s 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 16 tday of July, 2012. Mayor ---------------- — - RE AND APPROVED: ROVED FORM: Ci a ager Attorney i„ -�_(0-(� 12-3404/81718 3 EXHIBIT "A" TO RESOLUTION NO. 2012-50 ORDINANCE NO. 3 9 5 3 (UNCODIFIED) AN ORDINANCE OF THE CITY OF HUNT NGTON 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 § 921T 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 RE VI D APPROVED.- VED sg�- RM: ity er City A ey M,V 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 The forgoing Instrument Is A cow copy of the original on file In this of-IcO. CityUlerk and ex-officio 66 of the 20«. City Council of the City of Alle _ L. - Huntington Beach, California Clerk and Ex-off icio clerk of the CRY co ncil he city of Huntington Beach, c 'o Toy �y ! K PROOFOF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) For a(1)City Clerk(Full am a citizen of the United States and a F om ofafour(y ears), C i t y Treasurer (Full term of resident of the County of Los Angeles; I four years). The nomination period am over the age of eighteen years, and for these offices begins on July 16, 2012 and not a party to or interested in the notice closes on August. 10, 2012 at 5:00 p.m. published. I am a principal clerk of the If nomination papers for an ficer of HUNTINGTON BEACH the city are nnot ffiled by INDEPENDENT,. which was adjudged a 88th day before (the election) the voters newspaper of general circulation on shall have until the 83rd daythe elec , September 29, 1961, case A6214, and Augustfo re 15, 2012,tion to nominate candidates June 11, 1963, case A24831, for the other than the per- City of Huntington Beach, County of son(s) who are the it cumbents on.the 88th day before the election,, Orange, and the State of California. for that incumbent's,; elective office. Attached to this Affidavit is a true and If no one or only one complete copy as was printed and an electi person is nominated - ve office, ap pointment to the elec-. published on the following date(s): tive office may be.made as prescribed by ;Sec- NOTI(EOFEU(TION tion 10229, Elections Thursday, Jut 5, 2012 Code me state of y y CITY California. BEACH The polls will be open between the hours of NOTICE IS HEREBY GIV-. 7:00 a.m.and 8:00 p.m. EN that a General Mu- /s/JoanL.,Flynn certify (or declare) under penalty h Id it the o'Will be City Clerk' held in the City of Hun- Dated:July 1,2012 In tington Beach on Tues- Published H.B. Indepen- day, November 6, 2012, dent 7/5/12 . of perjury that the foregoing Is true for the 'following Of- - and correct. For t: — For three(3) Members {of the City Council(Full (term of four-years) Executed on July 18, 2012 at Los Angeles, California A ' Signature no ! F r'7$fi Printed by;0602 Patricia Gamino Jun 21,20t2 9:43 am Salesperson: Phone: Ad#35067933 M-' Safi. cAtittlltttomtlatl c .n# a TlYt ��a g s- .v (714)536-5227 R C(" 07-05-12 1 x 5 .410y-- City Of Huntington Beach(Parent) ate 07-05-12 � WA 6.00 TCtd Inch PO Box 784 Mnserllatis` 1 =ti Huntington Beac,CA 92648 v&teie;1&Legal Huntington Beach tYl; Line_r e.� t[ r 0602 Patricia Gamino ` C000070479 CI8S3• 13000 Legal Notices e $48.00 2. 4� G # �r ~ TCN HBIcQ $48.00 , M, City Of Huntington Beach-Clerk's O � S 48, Rebecca Ross (714)374 1557 Ar y� Ad Copy: u NOTICE OF ELECTION CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Huntington Beach on Tuesday, November 6, 2012, for the following Officers: For three (3) Members of the City Council (Full term of four years) p Fora(1)City Clerk (Full term of four years) (rl°� For a (1) City Treasur- er (Full term of four years) The nomination period for these offices begins on July 16, 2012 and closes on August 10, 2012 at 5:00 p.m. If nomination papers for an incumbent officer of the city are not filed by August 10, 2012 (the 88th day before the election)the voters shall have until the 83rd day before the election, August 15, 2012, to nominate candidates other than the person(s) who are the incumbents on the 88th day before the election, for that incumbent's elective office. If no one or only one person is nominated for an elective office, appointment to the elective office may be made as prescribed by Section 10229,Elections Code of the State of California. The polls will be open between the hours of 7:00 a.m. and 8:00 p.m. /s/Joan L.Flynn City Clerk Dated:July 1,2012 Published H.B. Indepen- dent 7/5/12 -- ad proof pg.1 --- Council/Agency Meeting Held: Deferred/Continued to: %LA proved Cond do ally A oved ❑ Denied ak Ci ler ' Sign t e Council Meeting Date: June 4, 2012 Departmen D Number: CK 12-004 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Joan L. Flynn, CMC, City Clerk PREPARED BY: Joan L. Flynn, CMC, City Clerk SUBJECT: Adopt Resolution Nos. 2012-21 and 2012-22 that call for and consolidate with the County to conduct the General Municipal Election for City Officers to be held on November 6, 2012 Statement of Issue: Resolutions must be adopted to call for, and consolidate with, the County in order to conduct the November 6, 2012, General Municipal Election (election of three members of the City Council, the City Clerk, and the City Treasurer). Financial Impact: Funds estimated at $195,000 by the Registrar of Voters will be budgeted in FY 2012/2013, Election Account 10020101.69300. Recommended Action: Motion to: A) Adopt Resolution No. 2012-21, "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 to be held on Tuesday, November 6, 2012 for the Election of Certain Officers as Required by the Provisions of the Charter;" and, B) Adopt Resolution No. 2012-22, "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 Tuesday, November 6, 2012 with the Statewide General Election to be Held on that Date Pursuant to Section 10403 of the Elections Code." Alternative Action(s): None. HB -13- Item 2. - I REQUEST FOR COUNCIL ACTION MEETING DATE: 6/4/2012 DEPARTMENT ID NUMBER: CK 12-004 Analysis: These resolutions are needed in order to conduct the General Municipal Election, consolidated with the County, every two years. The City Charter provides for City elections to be held pursuant to the State Elections Code. These resolutions comply with City Charter and State Code and must be adopted to implement the November 6, 2012, election of three members of the City Council, the City Clerk, and the City Treasurer. Environmental Status: N/A Strategic Plan Goal: Improved internal and external communication. Attachment(s): 1. Resolution No. 2012-21, "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 to be held on Tuesday, November 6, 2012 for the Election of Certain Officers as Required by the Provisions of the Charter" 2. Resolution No. 2012-22, "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 Tuesday, November 6, 2012 with the Statewide General Election to be Held on that Date Pursuant to Section 10403 of the Elections Code" Item 2. - 2 HB -14- ATTACHMENT # 1 RESOLUTION NO. 2012-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE HUNTINGTON BEACH CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER WHEREAS, under the provisions of the City Charter, a General Municipal Election shall be held on Tuesday, November 6, 2012, for the election of Municipal Officers, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That pursuant to the requirements of the Charter there is called and ordered to be held in the City of Huntington Beach, on Tuesday, November 6, 2012, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years; a City Clerk for a full term of four years; and, a City Treasurer for a full term of four years. 2. That the ballots to be used at the election shall be in form and content as required by law. 3. 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. 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 6. 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. 7. The City Council authorizes the City Clerk to administer said elections and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. 1 12-3329-79387 Resolution No. 2012-21 8. That in the event of a tie vote(if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Office, the City Council, in accordance with Elections Code §15651(a), shall set a date and time and place and summon the candidates who have received the tie votes to appear and will determine the tie by lot. 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4 t h day of June , 2012. Mayor REVIE APPROVED: INITIATED AND APPRO ,ED: r,. CY M ager 4VED lerk AS TO FORM: (-n�C� :�� ttorney 2 12-3329-79387 Res. No. 2012-21 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 June 04, 2012 by the following vote: AYES: Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: Shaw ABSTAIN: None Cit lerk and ex-officio Ork of the City Council of the City of Huntington Beach, California ATTACHMENT #2 RESOLUTION NO. 2012-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH 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 THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Huntington Beach, called a General Municipal Election to be held on Tuesday, November 6, 2012 for the purpose of the election of three (3) members of the City Council for the full term of four years, a City Clerk for the full term of four years, and a City Treasurer for the full term of four years; 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 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 as follows: 1. That pursuant to the requirements of§10403 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 the election of three (3) members of the City Council for a full term of four years, a City Clerk for a full terms of four years, and a City Treasurer for a full term of four years. 2. 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. 3. That the Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for holding of the consolidated election. 4. That 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. 5. That City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Orange County election department. 1 12-3329/79388 Resolution No. 2012-22 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4 t h day of June , 2012. Mayor REVIE ND APPROVED: INITIATED AND APPROVED: C ager City Clerk AP OVED AS TO FORM: L Ciky Attorney 2 12-3329/79388 Res. No. 2012-22 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 June 04, 2012 by the following vote: AYES: Harper, Dwyer, Hansen, Carchio, Bohr, Boardman NOES: None ABSENT: Shaw ABSTAIN: None CLJClerk and ex-officioVierk of the City Council of the City of Huntington Beach, California