HomeMy WebLinkAboutNovember 7, 2006 - General Election - related to Charter Sec CS
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Council Meeting Date: 7/17/2006 Department ID Number: CK2006-7
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
C-14-a
SUBMITTED BY: P E N EY41E�C i`UB , CITY'A13MINISTATOR
PREPARED BY: PAUL EMERY, DEPUTY CITY ADMINISTRATOR
STANLEY SMALEWITZ, ECONOMIC DEVELOPMENT DI ECTOR
JIM ENGLE, COMMUNITY SERVICES DIRECT
SUBJECT: Adopt Resolutions No. 2006--64—/ and 2006-_ 'f�- etting Priorities for
Written Arguments Regarding Charter Section 612 (Measure C) Ballot
Measure and Directing the Preparation of Impartial Analysis, and
Consolidating the Measure with the November 7, 2006 General
Municipal Election
Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: At the City Council meeting of July 3, 2006, City Council voted 5
(Sullivan, Coerper, Bohr, Green, and Hansen) to 2 (Hardy, Cook) to place a measure on the
November 7, 2006, ballot for an advisory vote on building a new Senior Center on five acres
of a 14-acre undeveloped Central Park site (west of Goldenwest at Talbert, North of the
Frisbee Golf Course). Council also voted at that time to approve making an exception to the
minute action of July 11, 1994.
Funding Source: Community Services General Fund Account#10045101.
Recommended Action: Motion to:
1) Adopt Resolution No. 2006- "A Resolution of the City Council of the City
of Huntington Beach Setting Priorities for Filing a Written Argument Regarding a City
Measure (Construction of Proposed Senior Center) and Directing the City Attorney to
Prepare an Impartial Analysis of Said Measure"after naming Councilmembers authorized
to file written arguments (Attachment 1).
AND
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/17/2006 DEPARTMENT ID NUMBER: CK2006-7
2) Adopt Resolution No. 2006- "A Resolution of the City Council of the City
of Huntington Beach Ordering Submission to the Qualified Electors of the City A
Certain Measure Relating to the Construction of a Senior Center and Associated
Amenities on a Five Acre Portion of an Undeveloped 14-Acre parcel in Central Park,
Generally Located West of the Intersection of Goldenwest Street and Talbert Avenue
in the City of Huntington Beach" (Attachment 2).
Analysis:
The City Charter provides for City elections to be held pursuant to the State Elections Code.
The Elections Code provides that Council may authorize members of its body to file written
arguments regarding City measures, also that whenever any City measure qualifies for a
place on the ballot, the governing body may direct the City elections official 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 has, based on the City Council's July 3 action,
prepared the ballot language, and resolution. An impartial analysis of the measure showing
the effect of the measure on the existing law and the operation of the measure will be
prepared upon adoption of the resolution.
The proposed Senior Center includes an approximately 45,000 square foot building and
associated amenities including parking, landscaping and courtyard on five acres. The five
acres are located on an undeveloped 14-acre parcel in Huntington Central Park west of
Goldenwest at Talbert, and immediately north of the disc golf course. A consultant, LPA Inc.,
was hired to study the feasibility of the Senior Center including needed facilities for services
and programs, building size, potential operating expenses related to expanded facilities and
potential locations. The Goldenwest and Talbert site was determined to be the preferred
location. LPA provided non-site specific cost estimates. Construction is estimated at $14.7
million. Design, testing, environmental assessment, furnishings, contingencies and a three-
year inflation factor take the total project cost to approximately $23.3 million.
The City of Huntington Beach (City), the Redevelopment Agency (Agency) and Makallon
Atlanta Huntington Beach, LLC (Participant) are negotiating an Owner Participation
Agreement (OPA) for the Pacific City Project to be located on a 31-acre site in the Main-Pier
sub-area of the Huntington Beach Redevelopment Project. The purpose of the proposed
OPA is to effectuate the public purposes of the Agency by providing for significant public
benefits. Among the proposed benefits within the OPA is a section addressing the
development, design and construction of an approximately 45,000 square foot Senior Center
on real property owned by the City including furniture, fixtures and equipment.
The proposed OPA provides that Makar, the Developer, will satisfy its Park In-Lieu Fee for
the residential portion of the Pacific City Project by developing, designing and installing an
approximately 45,000 square foot Senior Center including fixtures, equipment and
furniture on City owned property. The proposed OPA also provides that if the actual costs
and expenses for the design and construction of the Senior Center are less than the Park
In-Lieu Fee assessed against the residential portion of the Pacific City Project then the
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REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/17/2006 DEPARTMENT ID NUMBER: CK2006-7
Participant shall pay to the City a cash sum equal to the difference between the Senior
Center Costs and the Park In-Lieu Fee or request that the City Council consider
alternative funding options. Consideration of the OPA is scheduled for the August 7, 2006
regularly scheduled City Council meeting.
The construction of the Senior Center on City owned parkland is contingent upon the
outcome of the Charter Section 612(b) (Measure C) vote. In the event that the Participant
is not obligated to build the Senior Center, the Park In-Lieu Fee shall be paid in full to the
City.
Written Arguments
If Council wishes to have first priority to file arguments (not to exceed 300 words in length)
relative to City Measures, the Council may vote to:
(1) Authorize and name Councilmembers to file an argument in favor
(2) Authorize and Name Councilmembers to file an argument against
(3) Authorize and Name Councilmembers to file an argument in favor and an
argument against (sometimes done by Council to allow minority of
Councilmembers to file opposing arguments)
(Note: No more than 5 Councilmembers can sign an argument either for or against a
measure.
Should Council choose not to authorize its members to file written arguments, written
arguments shall be selected by the City Clerk pursuant to Section 9287 of the State Elections
Code (Attachment 3).
Impartial Analysis
The City Attorney will prepare the impartial analyses (not to exceed 500 words in length).
The analysis will be furnished to the City Clerk by August 10, 2006. The City Clerk will
forward the analysis to the Orange County Registrar of Voters.
The following deadlines will be followed by the City Clerk's Office:
ml-
July 17, 2006 Date Resolution is Passed by at least a Majority of Council
July 18, 2006 Submit Election Information to Independent for Printing
July 18, 2006 Notice sent for translation into Spanish, Korean, Chinese and
Vietnamese
July 20-28, 2006 Posting of Notice is accomplished in the Independent and foreign
language papers
July 31, 2006 Deadline for Direct Arguments (14 days from Resolution) — Due to
the City Clerk's Office by 5 p.m.
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REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 7/17/2006 DEPARTMENT ID NUMBER: CK2006-7
August 1-10, 2006 10 day review period of Arguments
th
August 10, 2006 Rebuttals due to the CityClerk's Office b 5:00 .m. on August
10
November 7, 2006 Election Da
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
. - NumberDescription
1. City Council Resolution No. 2006- `A Resolution of the City
Council of the City of Huntington Beach Setting Priorities for
Filing a Written Argument Regarding a City Measure
(Construction of Proposed Senior Center) and Directing the City
Attorney to Prepare and Impartial Analysis of Said Measure"
2. City Council Resolution No. 2006- `A Resolution of the City
Council of the City of Huntington Beach Ordering Submission to
the Qualified Electors of the City A Certain Measure Relating to
the Construction of a Senior Center and Associated Amenities on
a Five Acre Portion of an Undeveloped 14 Acre parcel in Central
Park, Generally Located West of the Intersection of Goldenwest
Street and Talbert Avenue in the City of Huntington Beach"
I State Election Code Division 9 (Measures Submitted to the
Voters), Article 4 (Arguments Concerning City Measures)
Sections 9280, 9281, 9282, 9283, 9285, 9286, and 9287
4. State Election Code Chapter 1 (General Provisions) Number 9
Coun ing of Words Word Count Criteria
5. 1 City of Huntington Beach City Charter Section 612
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(12) July 17, 2006 -Council/Agency Agenda - Page 12
F-2. (City Council) Adopt Resolution No. 2006-44 and Resolution No. 2006-45 Setting
Priorities for Written Arguments Regarding Charter Section 612 (Measure C) Ballot
Measure and Directing the Preparation of Impartial Analysis, and Consolidating the
Measure with the November 7, 2006 General Municipal Election
Communication from the Deputy City Administrator, Economic Development Director and
the Community Services Director transmitting the following
Statement of Issue: At the City Council meeting of July 3, 2006, City Council voted 5
(Sullivan, Coerper, Bohr, Green and Hansen) to 2 (Hardy, Cook) to place a measure on
the November 7, 2006, ballot for an advisory vote on building a new Senior Center on
five acres of a 14-acre undeveloped Central Park site (west of Goldenwest at Talbert,
North of the Frisbee Golf Course). Council also voted at that time to approve making
an exception to the minute action of July 11, 1994. Funding Source: Community
Services General Fund Account#10045101.
Recommended Action: Motion to:
1. Adopt Resolution No. 2006-44, "A Resolution of the City Council of the City
of Huntington Beach Setting Priorities for Filing a Written Argument
Regarding a City Measure (Construction of Proposed Senior Center) and
Directing the City Attorney to Prepare an Impartial Analysis of Said
Measure"after naming Councilmembers authorized to file written
arguments.
AND
2. Adopt Resolution No. 2006-45, "A Resolution of the City Council of the City of
Huntington Beach Ordering Submission to the Qualified Electors of the City A
Certain Measure Relating to the Construction of a Senior Center and Associated
Amenities on a Five Acre Portion of an Undeveloped 14-Acre Parcel in Central
Park, Generally Located West of the Intersection of Goldenwest Street and
Talbert Avenue in the City of Huntington Beach."
Deputy City Administrator Paul Emery gave an oral report. Extensive Council
discussion ensued pertaining to ballot language. Motion to approve ballot language
as amended as follows: "Shall a centrally located senior center building, not to
exceed 47,000 square feet, be placed on a maximum of five acres of an undeveloped
14-acre parcel in the 356-acre Huntington Beach Central Park, generally located west
of the intersection of Goldenwest Street and Talbert Avenue, between the disc golf
course and Shipley Nature Center, following City Council approval of all entitlements
an_d environmental review"
Approved 5-2(Hardy Cook— No)---j
Motion to approve Recommended Action, as amended, with amended ballot
language, to remove "advisory"language from Resolution No.'s 2006-44 and 2006-45
and remove reference to Charter amendment in Resolution 2006-45 and to authorize
Councilmember Cook to file a written argument against the Measure.
Approved 7 j
ATTACHMENT # 1
RESOLUTION NO. 2006-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A
CITY MEASURE (CONSTRUCTION OF PROPOSED SENIOR CENTER) AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF
SAID MEASURE
WHEREAS, a General Municipal Election is to be held in the City of Huntington Beach,
California, on November 7, 2006, at which there will be submitted to the voters the following
measure ("Measure");which Measure consists of a question:
Shall a centrally located senior center building, not to
exceed 47,000 square feet, be placed on a maximum of five YES
acres of an undeveloped 14-acre parcel in the 356-acre
Huntington Beach Central Park, generally located west of
the intersection of Goldenwest Street and Talbert Avenue,
between the disc golf course and Shipley Nature Center, NO
following City Council approval of all entitlements and
environmental review?
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach,
California, does resolve, declare, determine and order as follows:
SECTION 1. That the City Council authorizes
Debbie Cook (Councilmember Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
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
06-295/3196 1
RESO. NO. 2006-44
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 2. 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 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 3. 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 JULY 17 , 2006.
Mayor
APPROVED AS TO FORM:
Jit&YA"ttome 191Y'
REVIEWED AND APPROVED: INITIATED AND APPROVED:
-4- 9
City AdrAinistrator D' ec r of Community S6evices
06-295/3196 2
Res. No. 2006-44
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, 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 an regular meeting thereof held on the 17th day of.July,
2006 by the following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
Ci1VClerk and ex-officiolvierk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #2
RESOLUTION NO. 2006-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY
A CERTAIN MEASURE RELATING TO THE CONSTRUCTION OF A SENIOR
CENTER AND ASSOCIATED AMENITIES ON A FIVE ACRE PORTION OF AN
UNDEVELOPED 14-ACRE PARCEL IN CENTRAL PARK, GENERALLY LOCATED
WEST OF THE INTERSECTION OF GOLDENWEST STREET AND TALBERT
AVENUE IN THE CITY OF HUNTINGTON BEACH
WHEREAS, a General Municipal Election on Tuesday, November 7, 2006 has been
called by City Council Resolution No. 2006-26, adopted on -JUKE 19 , 2006; and
The City Council also desires to submit to the voters at the election a question pursuant to
Huntington Beach City Charter Section 612 relating to the construction of a senior center and
associated amenities on a five acre portion of an undeveloped 14-acre parcel in Central Park,
generally located west of the intersection of Goldenwest Street and Talbert Avenue in the City of
Huntington Beach; and
WHEREAS, the City Council is authorized and directed by constitutional provision and
statute to submit the question to the voters,
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach does
resolve, declare, determine and order as follows:
SECTION 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 a centrally located senior center building, not to YES
exceed 47,000 square feet, be placed on a maximum of
five acres of an undeveloped 14-acre parcel in the 356-
acre Huntington Beach Central Park, generally located
west of the intersection of Goldenwest Street and Talbert
Avenue, between the disc golf course and Shipley Nature NO
Center, following City Council approval of all
entitlements and environmental review?
SECTION 2. That the proposed measure submitted to the voters is attached to this
resolution as Exhibit A.
SECTION 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.
SECTION 4. 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,
06-295/2913 1
RESO. NO. 2006-45
November 7, 2006, for the purpose of a vote pursuant to Huntington Beach City Charter 612
relating to the construction of a senior center and associated amenities on a five acre portion of
an undeveloped 14-acre parcel in Central Park, generally located west of the intersection of
Goldenwest Street and Talbert Avenue in the City of Huntington Beach.
SECTION 5. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give fiirther or additional notice of the
election, in time, form and manner as required by law.
SECTION 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 17TH day of JULY , 2006.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
—0 -Dk'
C-a�-�w I J" , N
;City Ad inistrator JAttorney -7
11�
INITIATED AND APPROVED:
v
runity Services Di Actor
06-295/2913 2
RESO. NO. 2006-45
EXHIBIT A
Shall a centrally located senior center building, not to exceed
47,000 square feet, be placed on a maximum of five acres of an
undeveloped 14-acre parcel in the 356-acre Huntington Beach
Central Park, generally located west of the intersection of
Goldenwest Street and Talbert Avenue, between the disc golf
course and Shipley Nature Center, following City Council
approval of all entitlements and environmental review?
06-295/2913
Res. No. 2006-45
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 an regular meeting thereof held on the 17th day of July,
2006 by the following vote:
AYES: Bohr, Green, Coerper, Sullivan, Hardy, Hansen, Cook
NOES: None
ABSENT: None
ABSTAIN: None
City erk and ex-officio Civrk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #3
Article 4.Arguments Concerning City Measures
9280. City attorney to prepare impartial analysis.
Whenever any city measure qualifies for a place on the ballot,the govern-
ing body may direct the city elections official to transmit a copy of the mea-
sure to the city attorney,unless the organization or salaries of the office of the
city attorney are attectecl. i tie city attorney shall prepare an impartial analy-
sis of the measure showing the effect of the measure on the existing law and
the operation of the measure.If the measure affects the organization or sala-
ries of the office of the city attorney,the governing board may direct the city
elections official to prepare the impartial analysis. The analysis shall be
printed preceding the arguments for and against the measure.The analysis
shall not exceed 500 words in length.
In the event the entire text of the measure is not printed on the ballot,nor
in the voter information portion of the sample ballot,there shall be printed
immediately below the impartial analysis,in no less than 10-point bold type,
a legend substantially as follows'
"The above statement is an impartial analysis of Ordinance or Measure
.If you desire a copy of the ordinance or measure,please call the elec-
tions official's office at(insert telephone number)and a copy will be mailed at
no cost to you."
(Added by Stats. 1994,c. 920,§2.)
9281. If not otherwise provided,voters may submit arguments.
If no other method is provided by general law,or,in the case of a char-
tered city,by the charter or by city ordinance,arguments for and against any
city measure maybe submitted to the qualified voters of the city pursuant to
this article.If a method is otherwise provided by general law,or,in the case of
a chartered city,by charter or city ordinance,for submitting arguments as to a
particular kind of city measure,that method shall control.
(Added by Stats. 1994,c. 920,§2.)
9282. Written arguments.
The legislative body,or any member or members of the legislative body
authorized by thatbody,or any individual voter who is eligible to vote on the
measure,or bona fide association of citizens, or any combination of voters
and associations,may file a written argument for or against any city measure.
No argument shall exceed 300 words in length.The city elections official shall
cause an argument for and an argument against the measure to be printed
along with the following statement on the front cover,or if none,on the head-
ing of the first page,of the printed arguments:
"Arguments in support or opposition of the proposed laws are the opin-
ions of the authors."
The city elections official shall enclose a printed copy of both arguments
with each sample ballot;provided,that only those arguments filed pursuant
to this section shall be printed and enclosed with the sample ballot. The
printed arguments are"official matter"within the meaning of Section 13303.
Printed arguments submitted to voters in accordance with this section
shall be titled either "Argument In Favor Of Measure "or "Argument
Against Measure ," accordingly, the blank spaces being filled in only
with the letter or number,if any,designating the measure.At the discretion of
the elections official,the word"Proposition"may be substituted for the word
"Measure"in such titles. Words used in the title shall not be counted when
determining the length of any argument.
(Added by Stats. 1994,e. 920,§2.)
9283. Argument not accepted without names.
A ballot argument may not be accepted under this article unless accom-
panied by the printed name and signature or printed names and signatures of
the author or authors submitting it,or,if submitted on behalf of an organiza-
Lion,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.
No more than five signatures shall appear with any argument submitted
under this article.In case any argument is signed by more than five authors,
the signatures of the first five shall be printed.
(Amended by Stats.2004,c. 785,§2J
9285. Rebuttal arguments.
(a)(1)When an elections official receives an argument relating to a city
measure that will be printed in the ballot pamphlet,the elections official shall
send a copy of an argument in favor of the proposition to the authors of any
argument against the measure and a copy of an argument against the mea-
sure to the authors of any argument in favor of the measure immediately
upon receiving the arguments.
(2)The author or a majority of the authors of an argument relating to
a city measure may prepare and submit a rebuttal argument not exceeding
250 words or may authorize in writing any other person or persons to pre-
pare,submit,or sign the rebuttal argument.
(3)A rebuttal argument relating to a city measure shall be filed with
the elections official no later than 10 days after the final filing date for primary
arguments.
(4)A rebuttal argument relating to a city measure may not be signed
by more than five persons and shall be printed in the same manner as a direct
argument and shall immediately follow the direct argument which it seeks to
rebut.
(b)Subdivision(a)applies only if,not later than the day on which the leg-
islative body calls an election,the legislative body,adopts its provisions by
majority vote, in which case subdivision (a) applies at the next ensuing
municipal election and at each municipal election thereafter, unless later
repealed by the legislative body in accordance with the procedures of this
subdivision.
(Amended by Stats. 2004,c. 785,§3.)
9286. Final date for arguments.
(a)Based on the time reasonably necessary to prepare and print the argu-
ments and sample ballots and to permit the 10-calendar-day public examina-
tion as provided in Article b (commencing with Section 9295) for the
particular election,the city elections official shall fix a date 14 days from the
calling of the election as a deadline,after which no arguments for or against
any city measure may be submitted for printing and distribution to the vot-
ers,as provided in this article.Arguments may be changed or withdrawn by
their proponents until and including the date fixed by the city elections offi-
cial during the normal business hours of the elections official's office, as
posted.
(b)This section is not applicable when the election is consolidated with
another election pursuant to Part 3(commencing with Section 10400)of Divi-
sion 10.
(Amended by Stats. 2002,c. 371,§2.)
9287. Elections official to select if more than one argument.
If more than one argument for or more than one argument against any
city measure is submitted to the city elections official within the time pre-
scribed,he or she shall select one of the arguments in favor and one of the
arguments against the measure for printing and distribution to the voters.In
selecting the argument the city elections official shall give preference and pri-
ority,in the order named,to the arguments of the following:
(a)The legislative body,or member or members of the legislative body
authorized by that body.
(b)The individual voter,or bona fide association of citizens,or combina-
tion of voters and associations,who are the bona fide sponsors or proponents
of the measure.
(c) Bona fide associations of citizens.
(d)Individual voters who are eligible to vote on the measure.
(Added by Stats. 1994,c. 920,§2.)
ATTACHMENT #4
Word
Text - Argument / Rebuttal
California State Elections Code
Chapter 1 . General Provisions
Section 9. Counting of words.
(a) Counting of words, for purposes of this code, shall be as follows:
(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in this section.
(3) All geographical names shall be considered as one word; for example, "City
and County of San Francisco" shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one
word.
(5) Hyphenated words that appear in any generally available standard reference
dictionary, published in the United States at any time within the 10 calendar years
immediately preceding the election for which the words are counted, shall be considered
as one word. Each part of all other hyphenated words shall be counted as a separate
word.
(6) Dates consisting of a combination of words and digits shall be counted as
two words. Dates consisting only of a combination of digits shall be counted as one
word.
(7) Any number consisting of a digit or digits shall be considered as one word.
Any number which is spelled, such as "one," shall be considered as a separate word or
words. "One" shall be counted as one word whereas "one hundred" shall be counted as
two words. "100" shall be counted as one word.
(8) Telephone numbers shall be counted as one word.
(9) Internet website addresses shall be counted as one word.
(b) This section shall not apply to counting words for ballot designations under
Section 13107.
(Amended by Stats. 1999, c. 312, §2.)
ATTAC H M E N T #5
Huntington Beach City Charter
Excerpt
Section 612.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-
(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.
(c) Section 612(a)and 612(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.
(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. (12/7/90)
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Administrator
SUBJECT: Resolutions Setting Priorities For Written Arguments
Regarding Charter Section 612 (Measure C) Ballot
Measure and Directing the Preparation of Impartial
Analysis for the November 7, 2006 General Municipal
Election
COUNCIL MEETING DATE: July 17, 2006
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable E
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable E
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable E
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable E
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable E
Bonds (If applicable) Attached ❑
Not Ap licable E
Staff Report (If applicable) Attached ❑
Not Applicable E
Commission, Board or Committee Report (If applicable) Attached ❑
Not Ap licable E
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable E
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED' FORWARDED
Administrative Staff
Assistant City Administrator Initial
City Administrator Initial
City Clerk )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author:
RESOLUTION NO. 2 0 0 6-4 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A
CITY MEASURE (CONSTRUCTION OF PROPOSED SENIOR CENTER)AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF
SAID MEASURE
WHEREAS, a General Municipal Election is to be held in e City of Huntington Beach,
California, on November 7, 2006, at which there will be sub ted to the voters the following
measure ("Measure"); which Measure consists of an advi ry question:
tY
ADVISORY-VOTE ONLY. Shall th City of Huntington
Beach construct a senior center andAssociated amenities, of YES
over three thousand square feet in floor area and costing more
than $100,000.00, on five acres,0 an undeveloped 14-acre
parcel in Central Park, genally located west of the
intersection of Goldenwest Street and Talbert Avenue pending NO
entitlements and developmer approvals?
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach,
California, does resolve, decle, determine and order as follows:
SECTION 1. Tha0he City Council authorizes
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
(Councilmember In Favor/Against)
{{ (Councilmember In Favor/Against)
members of that body, to file a written argument regarding the Measure as specified above in
r
accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California
1
PDA:2006 res:Nov 2006 Election-Written Arguments and Impartial Analysis
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) subm' ing it, or if
submitted on behalf of an organization,the name of the organization,7andOle name and
signature of at least one of its principal officers.
SECTION 2. That the City Council directs the City Clerk 'otransmit a copy of the
Measure to the City Attorney, unless the organization or salarieof the Office of the City
Attorney are affected. The City Attorney shall prepare an i' artial analysis of the Measure
showing the effect of the Measure on the existing law and the operation of the Measure. If the
Measure affects the organization or salaries of the Office of the City Attorney, the City Clerk
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shall prepare the impartial analysis. The impartiaVanalysis shall be filed by the date set by the
City Clerk for the filing of primary arguments, i
SECTION 3. 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 'the City Council of the City of Huntington Beach at a
regular meeting thereof held on ;'Y , 2006.
�x
No
1
Mayor
APPROVED AS TO FORM:
7*A, �
i
Ci Attorney
REVIEWED ATD APPROVED: INITIATED AND APPROVED:
ity Adm n�istrator D' ec r'of Communi Services
;E
2
PDA:2006 res:Nov 2006 Election-Written Arguments and Impartial Analysis
RESOLUTION NO. 2 0 0 6-4 5
FBEACH
ESOLUTION`OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY
ERTAIN MEASURE RELATING TO THE CONSTRUCTION OF A SENIOR
TER AND ASSOCIATED AMENITIES ON A FIVE ACRE PORTION OF AN
VELOPED 14-ACRE PARCEL IN CENTRAL PARK, G ERALLY LOCATED
ST OF THE INTERSECTION OF GOLDENWEST STET AND TALBERT
AVENUE IN THE CITY OF HUNTINGTO ( BEACH
s 4
WHEREAS, a General Municipal Election on Tues4 y, November 7, 2006 has been
called by City Council Resolution No. 2006-26, adopted on T' , June 19 , 2006; and
The City Council also desires to submit to the voters at the election an advisory question
pursuant to Huntington Beach City Charter Section 61°2 relating to the construction of a senior
center and associated amenities on a five acre portion of an undeveloped 14-acre parcel in
Central Park, generally located west of the intersec oldenwest Street and Talbert Avenue
in the City of Huntington Beach; and6
WHEREAS, the City Council is authorized an recte Cc al provision and
statute to submit the proposed charter amendment to thv s
NOW, THEREFORE, THE CITY COUNCIL of the untington Beach does
resolve, declare, determine and order as follows:
SECTION 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:
ADV_ISSO .Y VOTE ONLY. Shall the City of Huntington
Beach construct�'a senior center and associated amenities, of YES
over three thousand square feet in floor area and costing more
than $100,000.00, on five acres of an undeveloped 14-acre
parcel in :;Central Park, generally located west of the NO
intersection of Goldenwest Street and Talbert Avenue
pending entitlements and development approvals?
SECTION 2. That the proposed measure submitted to the voters is attached to this
resolution as Exhibit A.
SECTION 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.
SECTION 4. 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,
06-295/2913 1
November 7, 2006, for the purpose of an advisory vote pursuant to Huntington Beach City
Charter 612 relating to the construction of a senior center and associated amenities on a five acre
portion of an undeveloped 14-acre parcel in Central Park, generally located west of the
intersection of Goldenwest Street and Talbert Avenue in the City of Huntington Beach.
SECTION 5. 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 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 day of , 2006.
Mayor
REVIEWED AND APPROVED: APP VED AS TO FORM:
ity Ad nislrator Ci y Attorne 10
INITIATED AND APPROVED:
Co ity Services DiregOr
A04"
r,
06-295/2913 2
EXHIBIT A
ADVISORY VOTE ONLY. Shall the City of Huntin on
Beach construct a senior center and associated amenit' s, of
over three thousand square feet in floor area and costi more
than $100,000.00, on five acres of an undevelope 14-acre
parcel in Central Park, generally located w t of the
intersection of Goldenwest Street and Tal rt Avenue
pending entitlements and development approva ?
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06-295/2913
,A"Iff CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
August 1, 2006
Ms. Kay Cotton
Registrar of Voters
County of Orange
P. O. Box 11298
Santa Ana, CA 92711-1298
Dear Ms. Cotton:
Enclosed is one copy each of City of Huntington Beach Resolution Nos. 2006-44, and
2006-45, which were approved by the City Council on July 17, 2006.
Please note that Resolution No. 2006-44 is setting priorities for filing a written argument
regarding a City measure (construction of proposed Senior Center)and directs the City
Attorney to prepare an impartial analysis.
Resolution No. 2006-45 is requesting election consolidation with the County of Orange, and
ordering submission to the qualified electors of the City a certain measure relating to the
construction of a Senior Center in Central Park.
If you have any questions, please call me at(714) 536-5404.
Sincerely,
J L. Flynn
y Clerk
Enclosures: Resolution No. 2006-44
Resolution No. 2006-45
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(Telephone:714-536-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
August 1, 2006
Ms. Robin Steiler, Clerk
Board of Supervisors
County of Orange
10 Civic Center Plaza, Suite 465
Santa Ana, CA 92702-4017
Dear Ms. Steiler:
Enclosed is one copy each of City of Huntington Beach Resolution Nos. 2006-44, and
2006-45,which were approved by the City Council on July 17, 2006.
Please note that Resolution No. 2006-44 is setting priorities for filing a written argument
regarding a City measure(construction of proposed Senior Center)and directs the City
Attorney to prepare an impartial analysis.
Resolution No. 2006-45 is requesting election consolidation with the County of Orange, and
ordering submission to the qualified electors of the City a certain measure relating to the
construction of a Senior Center in Central Park.
If you have any questions, please call me at(714) 536-5404.
Sincerely,
t
l nn
Yk
Enclosures: Resolution No. 2006-44
Resolution No. 2006-45
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('Telephone:714-536-5227)