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HomeMy WebLinkAboutProposed Ballot Measure for Charter Amendment Relative to Fi Dept. ID CA Page 1 of 2 Meeting Date:7/21/2014 ..9e 770 A, REQUEST444 CITY OF HUNTINGTON BEACH FOR. CITY COUNCIL ACTION }MEETING DATE: 7/21/2014 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Jennifer McGrath, City Attorney PREPARED Y: Jennifer McGrath, City Attorney SUBJECT: Proposed Ballot Measure for Charter Amendment Relative to Fireworks Statement of Issue: On July 14, 2014, the City Council directed the City Attorney to draft a Charter Amendment to be placed on the November 4, 2014 General Election Ballot that prohibits the City from restricting the sale of California State-approved Safe and Sane Fireworks. Financial Impact: Funds to cover the full November 4, 2014, election cost (including this initiative) in the amount of $8,000.00 have been budgeted in the FY 14/15 City Clerk budget 10010201.69300 — Professional Services. Recommended Action: Motion to: A) Adopt Resolution No. 2014-45, "A Resolution of The City Council of The City of Huntington Beach Calling for the Holding of a General Municipal Election to be held on November 4, 2014, for the Election of Certain Officers and Submission of a Proposed Charter Amendment" (Related To Fireworks); and, B) Adopt Resolution No, 2014-46, "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 4, 2014, With The Statewide General Election to be Held on the Date Pursuant To Section 10403 of The Elections Code;" and, C) Adopt Resolution No. 2014-47, "A Resolution of The City Council of The City of Huntington Beach Ordering Submission to The Qualified Electors of The City A City Measure" (To Amend The Charter of The City of Huntington Beach Related To Fireworks); and, D) Adopt Resolution No. 2014-48, "A Resolution of The City Council of The City of Huntington Beach Setting Priorities For Filing Written Arguments Regarding A City Measure And Directing The City Attorney To Prepare An Impartial Analysis of Said Measure" (To Amend The Charter of The City of Huntington Beach Related To Fireworks), Alternative Actions : Do not adopt Resolution No. 2014-45, Resolution No, 2014-46, Resolution No. 2014-47, and Resolution 2014-48. Item 16. - 1 xB -410- Dept. ID CA Page 2 of 2 Meeting Date:7121/2014 Analysis: The attached Resolutions will order the proposed Charter Amendment related to Fireworks to be placed onto the November 4, 2014 Ballot in accordance with the direction provided by the City Council on July 14, 2014. A. Ballot Language i I Shall the proposed Amendment to Article Vill of the Charter of the City of YES Huntington Beach adding Section 805 to permit the sale, possession, display, use and discharge of safe and sane fireworks, subject to regulation by City Council, as set forth in the proposed measure be approved NO B. Ballot Arguments The Elections Code permits arguments both in favor and against any Measure to be included in the Voter Sample Ballot, The first priority for submitting such arguments is given to City Councilmembers designed to do so by the City Council. 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 (including Council Members 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. The last day for direct arguments established by the City Clerk shall be 10 days after the adoption of the resolutions and the last day for the City Attorney's Impartial Analysis to be submitted to the City Clerk is 10 days after calling the election. Rebuttal Arguments are due 10 days following the Argument deadline. Strategic Plan Goal: Enhance economic development Attachment(s): 1. Resolution No. 2014-45, "A Resolution of The City Council of The City of Huntington Beach Calling for the Holding of a General Municipal Election to be held on November 4, 2014, for the Election of Certain Officers and Submission of a Proposed Charter Amendment" (Related To Fireworks) 2. Resolution No. 2014-46, "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 4, 2014, With The Statewide General Election to be Held on the Date Pursuant To Section 10403 of The Elections Code" 3. Resolution No. 2014-47, "A Resolution of The City Council of The City of Huntington Beach Ordering Submission to The Qualified Electors of The City A City Measure" (To Amend The Charter of The City of Huntington Beach Related To Fireworks) 4. Adopt Resolution No, 2014-48, "A Resolution of The City Council of The City of Huntington Beach Setting Priorities For Filing Written Arguments Regarding A City Measure And Directing The City Attorney To Prepare An Impartial Analysis of Said Measure" (To Amend The Charter of The City of Huntington Beach Related To Fireworks) 14B -41 1 Item 16. - 2 A ACHMPmNT # 1 RESOLUTION NO. 2014-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION OF CERTAIN OFFICERS AND SUBMISSION OF A PROPOSED CHARTER AMENDMENT WHEREAS, under the provisions of the Huntington Beach City Charter, a General Municipal Election shall be held on Tuesday,November 4, 2014, for the election of Municipal Officers, 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 Elections Code of the State of California, the City Council of the City of Huntington Beach desires to submit to the voters a proposed charter amendment relating to the permitted sale, possession, display, use and discharge of safe and sane fireworks; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the Huntington Beach City Charter, 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 Elections Code of the State of California, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, November 4, 2014, a General Municipal Election for the purpose of electing four (4) Members of the City Council for the full term of four (4) years; and a City Attorney for the full term of four(4) years and submitting the following proposed charter amendment which is to appear on the ballot as follows: Shall the proposed Amendment to Article VIII of the Charter of the City of Huntington Beach adding Section 805 to ves permit the sale, possession, display, use and discharge of safe and sane fireworks, subject to regulation by City Council, as set forth in the proposed measure be approved NO SECTION 2. That the text of the charter amendment submitted to the voters is as follows: It shall be lawful to sell, possess, use, display or discharge within the City, those fireworks that are defined and classified as Safe and Sane Fireworks (a.k.a. "state-approved fireworks") in the California State Fireworks Law (Sections 12500 et seq. of the California Health and Safety Code) as further regulated by City Council. As fully set forth in Exhibit A attached hereto. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. 1 1 4-4269/1 1 0402 Resolution No. 2014-45 SECTION 4. That the City Clerk is authorized, instructed and directed to coordinate with the Orange County Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls 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 Election Code § 10242, except as provided in § 14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. SECTION 9. 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. SECTION 9. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED AND ADOPTED BY THE City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of July , 2014. &A -QML M yor REVI ED APPROVED: INITIATED AND APPROVED: Ci O er City rk AP VED AS TO FORM: ity Attorney 2 14-4269/110402 Resolution No. 2014-45 EXHIBIT A ****ADDITION IN BOLD ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter.All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions, rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and"may" is permissive. (b) "City" is the City of Huntington Beach and"department,""board," "commission," "agency," "officer," or"employee" is a department,board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State"is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person"includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. Resolution No. 2014-45 (b) The word"mandates"as used in subsection(a) includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the City may be offered, sold, leased,rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a)refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation,assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; . (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. Section 805. SAFE AND SANE FIREWORKS It shall be lawful to possess,sell, display,use or discharge within the City,those fireworks that are defined and classified as Safe and Sane Fireworks (a.k.a. "state-approved fireworks") in the California State Fireworks Law (Sections 12500 et seq. of the Health and Safety Code and the relevant sections of Code of Regulations Title 19, Subchapter 6) subject to regulation by City Council. Res. No. 2014-45 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 21, 2014 by the following vote: AYES: Katapodis, Shaw, Harper, Sullivan, Carchio NOES: Hardy, Boardman ABSENT: None ABSTAIN: None City Cork and ex-officio Ark of the City Council of the City of Huntington Beach, California ITA CHMENT #2 RESOLUTION NO. 2014-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Huntington Beach called a General Municipal Election to be held on November 4, 2014, for the purpose of the election of four (4) Members of the City Council for the full term of four(4) years, and a City Attorney for the full term of four(4) years and to submit to the voters a proposed charter amendment relating to the sale, possession, display, use or discharge of safe and sane fireworks; 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 elections department of the Orange County Registrar of Voters canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of§ 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 4, 2014, for the purpose of the election of four(4) Members of the City Council for a full term of four(4) years, and a City Attorney for a full term of four (4) years and to submit to the voters a proposed charter amendment relating to the sale,possession, use or discharge of safe and sane fireworks that will appear on the ballot as follows: Shall the proposed Amendment to Article VIII of the Charter of the City of Huntington Beach adding Section 805 to YES permit the sale, possession, display, use and discharge of safe and sane fireworks, subject to regulation by City Council, as set forth in the proposed measure be approved NO SECTION 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. The election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election. SECTION 3. That the Board of Supervisors is requested to issue instructions to the Orange County Registrar of Voters to take any and all steps necessary for the holding of the 1 144269/110401 Resolution No. 2014-46 consolidated election. SECTION 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. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Registrar of Voters in the County of Orange. 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 21 s t day of July , 2014. ay.;r �+ REVIE ND APPROVED: INITIATED AND APPROVE Cit r City rk APPROVIFD AS TO FORM: City Atto `ey . 2 144269/110401 'Res. No. 2014-46 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 July 21, 2014 by the following vote: AYES: Katapodis, Shaw, Harper, Sullivan, Carchio NOES: Hardy, Boardman ABSENT: None ABSTAIN: None City Cork and ex-officio:-Ark of the City Council of the City of Huntington Beach, California ATTAC. HMENT #3 RESOLUTION NO. 2014-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A CITY MEASURE WHEREAS, a General Municipal Election on Tuesday,November 2, 2014 has been called by City Council Resolution No. 2014-45 , adopted on July 21 , 2014; and The City Council also desires to submit to the voters at the election a measure regarding amendment of City Charter Article VIII to add a Section 805 to permit the sale, possession, display, use and discharge of safe and sane fireworks; and The City Council is authorized and directed by constitutional provision and statute to submit the proposed question to the voters. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve 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 the proposed Amendment to Article VIII of the Yes Charter of the City of Huntington Beach adding Section 805 to permit the sale, possession, display, use and discharge of safe and sane fireworks, subject No to regulation by City Council, as set forth in the proposed measure be approved? SECTION 2. That the proposed measures submitted to the voters are 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. 14-4317/111136.doc 1 Resolution No. 2014-47 SECTION 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. SECTION 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 21st day of July , 2014. Mayor REVI ND APPROVED: INITIATED AND APPROVE : City er k APP VED AS TO FORM: C ity Attotney U___� `-- �- .1 L 14-43 17/1 1 1 136.doc 2 Resolution No. 20-14-47 EXHIBIT A ****ADDITION IN BOLD ARTICLE VEI MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter.All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and"may" is permissive. (b) "City"is the City of Huntington Beach and"department,""board,""commission," "agency," "officer," or"employee" is a department,board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State"is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person"includes f=and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent, exchange or other transfer by the owner of real property.Any such measure is hereby repealed. Resolution No. 2014-47 (b) The word"mandates" as used in subsection(a) includes any measure taken by ordinance, resolution,administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the City may be offered,sold, leased,rented; exchanged or otherwise transferred by its owner.The words"real property" as used in subsection(a) refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health,safety, fire or building code violations, excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. CHARTER REVIEW. The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. Section 805. SAFE AND SANE FIREWORKS It shall be lawful to possess, sell,display,use or discharge within the City,those fireworks that are defined and classified as Safe and Sane Fireworks (a.k.a. "state-approved fireworks") in the California State Fireworks Law(Sections 12500 et seq. of the Health and Safety Code and the relevant sections of Code of Regulations Title 19,Subchapter 6) subject to regulation by City Council. Res. No. 2014-47 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 July 21, 2014 by the following vote: AYES: Katapodis, Shaw, Harper, Sullivan, Carchio NOES: Hardy, Boardman ABSENT: None ABSTAIN: None City CPrk and ex-officio erk of the City Council of the City of Huntington Beach, California i RESOLUTION NO. 2014-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS OF SAID MEASURE WHEREAS, a General Municipal Election is to be held in the City of Huntington Beach, California, on November 4, 2014, at which there will be submitted to the voters a ballot measure; and The City Council wishes to authorize arguments in favor of and in opposition to the measure and authorize the preparation of impartial analysis of the measure, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That with respect to the measure entitled: Shall the proposed Amendment to Article VIII of the Charter of the City of Huntington Beach adding Section 805 to permit the sale, possession, display, use and discharge of safe and sane fireworks, subject to regulation by City Council, as set forth in the proposed measure be approved? a. That the City Council authorizes (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 arguinent regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California 14-43 17/1 1 1 137.doc 1 resolution no. 2014-48 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. b. 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 contain a statement indicating the measure was placed on the ballot by City Council and 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 the 21st day of July 2014. ayor q u w REVIE D APPROVED: INITIATED AND APPROVED: 4 City r i y?rk A4ED AS TO FORM: ity Atto ney VI 14-4317/11113 7.doc 2 Res. No. 2014-48 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 July 21, 2014 by the following vote: AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: None ABSTAIN: None OW jo& City Cprk and ex-officio erk of the City Council of the City of Huntington Beach, California Esparza, Patty From: Vigliotta, Mike Sent: Monday, July 21, 2014 11-53 AM To: Flynn, Joan; Estanislau, Robin; Esparza, Patty Cc: McGrath, Jennifer; Naideth, Joan Subject: Exhibit A charter section fireworks.docx Attachments: Exhibit A charter section fireworks.docx I added the word "use" to the text of the Charter language to be consistent and avoid any questions. This email is to forward my request that Exhibit A in the packet be supplemented with this communication. SUPPLEMENTAL COMMUNICATION Ada 1 EXHIBIT A ****ADDITION IN BOLD ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter.All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinancelusedin o their activities or for one year,whichever occurs first.All lawful ordinances,resolutions, lations, and portions thereof, in force at the time this Charter takes effect and not in cnsistent herewith, are hereby continued in force until the same shall have been duly reed,changed or superseded by proper authority. Section 801.DEFINITIONS. Unless the provisions or the context otherwise requires, s Charter: (a) "Shall" is mandatory, and"may" is permissive. (b) "City" is the City of Huntington Beach and"department,""board,""commission," "agency,""officer,"or"employee"is a department,board, commission, agency, officer or employee,as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of Californi . (e) The masculine includes/theeminine and the feminine includes the masculine. (f) The singular includes t hral and the plural the singular. (g) "Person"includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City` shall not enact or enforce any measure which mandates the price or other consideration payable/to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner of real property.Any such measure is hereby repealed. (b) The word"mandates" as used in subsection(a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the City may be offered, sold, leased,rented, exchanged or otherwise transferred by its owner. The words"real property"as used in subsection(a)refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including t City and any of its related agencies, to accept a financial contribution or other tan ble benefit including without limitation, assistance under the Community Redevelo en Law; (3) any planning or zoning power of the City a relates to the use, occupancy or improvement of real property and to any real prop rty which the City or any of its related agencies may acquire by eminent domain, purchh e, grant or donation; (4) any power of the City to require a bu�ness license for the sale or rental of real property,whether for regulation or general/revenue purposes; (5) any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling nit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required 41y State law. Section 804. CHARTER REVIEW. 7 The City Council shall determine if ere is a need to convene a citizen's Charter Review Commission to conduct a review of the Ci• Charter no less frequently than every ten years. Section 805. SAFE AND SANE F: WORKS It shall be lawful to possess",sell,display or discharge within the City,those fireworks that are defined and classified as Safe and Sane Fireworks(a.k.a. "state-approved fireworks")in the California State Fireworks Law(Sections 12500 et seq.of the Health and Safety Code and the relevant sections of Code of Regulations Title 19,Subchapter 6)subject to regulation by City Council. �4 rV rca. �J EXHIBIT A "ADDITION IN BOLD ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year,whichever occurs first.All lawful ordinances,resolutions,rules/and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended,changed or superseded by proper authority. Section 801.DEFINITIONS. ` Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall" is mandatory, and"may" is permissive. (b) "City" is the City of Huntington Beach and"department,""board,""commission," "agency,""officer,"or"employee"is a department, board, commission, agency, officer or employee, as the case may be,of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State"is the State of California. i (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person"includes/firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor. Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease,rent,exchange or other transfer by the owner of real property. Any such measure is hereby repealed. q tJ r (b) The word"mandates"as used in subsection(a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the City may be offered, sold, leased,rented, exchanged or otherwise transferred by its owner. The words"real property"as used in subsection(a)refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. ` (c) This Section 803 shall not apply to: (1) any real property which contains serious health, safety, fire or building code violations,excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity,and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies, to accept a financial contribution or other tangible benefit including without limitation, assistance under the Communi /Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City t4�4uire a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit oraccommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or / (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law. Section 804. CHARTER REVIEW/ The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years. Section 805. SAFE AND SANE FIREWORKS It shall be lawful/to possess,sell,display or discharge within the City,those fireworks that are defined and classified as Safe and Sane Fireworks (a.k.a."state-approved fireworks")in the California State Fireworks Law(Sections 12500 et seq. of the health and Safety Code and the relevant sections of Code of Regulations Title 19,Subchapter 6) subject to regulation by City Council. F ti C TION AGENDA MAYOR M o n d a , �Iy4, 2014 AND CITY COUNCIL CITY COUNCIL FRED A.WILSON CITY OF HUNTINGTON BEACH MATTHEW M.HARPER City Manager Mayor JENNIFERMCGRATH 6:00 PM - SPECIAL MEETING JOESHAW CONNIEBOARDMAN City Attorney Council Chambers - 2000 Main Street Mayor Pro Tem Councilmember JOAN L.FLYNN Huntington Beach, CA 92648 JOE CARCHIO JILL HARDY City Clerk htti3://www.huntingtonbeachca.gov Councilmember Councilmember ALISA CUTCHEN JIM KATAPODIS DAVE SULLIVAN City Treasurer Councilmember Councilmember CALL TO ORDER— 6:03 PM ROLL CALL Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio (All present) PLEDGE OF ALLEGIANCE — led by Mayor Pro Tern Shaw ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) City Clerk Joan L. Flynn announced supplemental communications: #1 (8) PUBLIC COMMENTS (3 Minute Time Limit) (28 Speakers) COUNCILMEMBER ITEM 1. Submitted by Councilmember Joe Carchio and Councilmember Jim Katapodis — Direct the City Attorney to prepare documents regarding Safe and Sane Fireworks Ballot Measure for City Council°s consideration on July 21, 2014 Recommended Action: A) Direct the City Attorney to prepare a Charter Amendment resolution, ballot title, statement, and impartial analysis for City Council's consideration at the City Council meeting of 7/21/14. Approved 5-2 (Hardy, Boardman— No) 7001 Qt-. whinh m+Rrlatnc the nv�n M M k,,nrnihi fnr rohi,#3lo tn th �,n Ballet arnmeRts ! �+ City Council Special Meeting Action Agenda-Monday, July 14, 2014 Page 1 of 2 iz0�flN ITY OF HUNTINGT N BEACH City Council Interoffice Comrr>lunicatoon N To: Honorable Mayor and City Council Mem e s From: Joe Carchio, City Council Member Jim Katapodis, City Council Membe ®ate: July 11, 2014 Subject. CITY COUNCIL MEMBER ITEM FOR JULY 14, 2014, SPEC/AL CITY COUNCIL MEETING— SAFE AND SANE FIREWORKS BALLOT MEASURE STATEMENT OF ISSUE: The proposed ballot measure is a charter amendment allowing the use of Safe and Sane fireworks. If the proposed ballot measure passes, the City Council shall retain the ability to establish who will benefit from the proceeds of the sale of the fireworks, including where and when the fireworks may be sold/used. Currently, the Huntington Beach Municipal Code prohibits all fireworks, including Safe and Sane Fireworks, as defined by State law. The City initiated a two year trial period from July 2011 through July 2013 and this immediate Fourth of July celebration was the first since then to not allow Safe and Sane fireworks. Both at City Council meetings and in general, there was a debate on whether the prohibition of Safe and Sane Fireworks should be put to a vote by Huntington Beach residents. Given the great discord this issue is causing the community as well as the necessity to act quickly to meet deadlines for inclusion on the November ballot, discussion and immediate action on this issue is needed. We are making this request to permit a full opportunity for comprehensive ballot arguments to be written in support or opposition of the ballot measure. RECOMMENDED ACTION: 1. Direct the City Attorney to prepare a resolution, ballot title, statement, and impartial analysis for City Council's consideration at the City Council meeting of 7/21/14. 2. Direct the City Attorney to prepare a resolution making a one-time exemption for the sole purpose of this ballot measure, regarding Resolution 2001-85, which mandates the opportunity for rebuttals to the Ballot arguments. xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Joan Flynn, City Clerk Jennifer McGrath, City Attorney Esparza, Patty From: Dombo, Johanna Sent: Monday, July 14, 2014 8:16 AM To: Esparza, Patty. Subject: FW: Surf City Pipeline: Notification of Changed Topic for Request#: 18955 From: Surf City Pipeline [mailto:noreply(�i)user.govoutreach.com] Sent: Monday, July 14, 2014 8:04 AM To: Pipeline Admin Agenda Subject: Surf City Pipeline: Notification of Changed Topic for Request #: 18955 Request# 18955 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name: Richard Hart Description: There are three issues on which our community is deeply divided: fireworks, construction of a senior center, and the plastic bag ordinance. While I am opposed to fireworks and would not like to see the current ordinance repealed, I believe that it is in the best interest of the HB community to let the democratic process take its course and submit it to the voters. I also believe that the senior center should go back to the voters. It is my understanding that primary funding would now come from bonds paid by the City(i.e.the residents of Huntington Beach) rather than through developer fees. The senior center and its costs should be vetted against other competing projects, be it additional police officers, firefighters, paramedics, park renovation, etc.). The voters should have a say on how this money is to be spent. Finally, the plastic bag ordinance. I can think of no other city ordinance that impacts so many HB residents on a daily basis. The voters of this city should be given the opportunity to decide if they want to make this life style change. I think it particularly appropriate to have these issues on the ballot as a means of vetting the Council candidates. Thank you, Richard Hart Expected Close Date: July 18, 2014 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Friday, July 11, 2014 3:02 PM To: CITY COUNCIL; Agenda Alerts Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 18954 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Question Request area: City Council - Agenda& Public Hearing Comments Citizen name: Ms. Terry Evdokimoff Description: Oh please! You local politicians think it is okay to endanger (as if you'd be able to enforce "state-approved" fireworks) life and property, but I can't even get a plastic bag in this city. I really enjoy shopping elsewhere. BTW, July 4th had tons of cherry bombs or whatever those things are called. What a pain. Expected Close Date: July 12, 2014 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i Esparza, Patty From: Dombo, Johanna Sent: Monday, July 14, 2014 7:44 AM To: Esparza, Patty Subject: FW: Fireworks And here we go...! Did you have a nice weekend? From: Brian House [mailto:brianihouseCabgmail.com] Sent: Friday, July 11, 2014 10:06 PM To: CITY COUNCIL Subject: Fireworks HB City Council, As a fundraising board member for South Huntington Beach Girls Fastpitch Softball, I am in favor of the City Council creating a ballot measure to legalize the sale of Safe and Sane fireworks. This was a profitable and fun venture last year for our girls local recreation league as well as the city. It seems to me that fireworks will be brought into our city and used irregardless of city law, so why not continue to legalize their sale and profit from it? Thank you for your consideration. -Brian House SHBGFS 714-334-3857 i Esparza, Patty From: Dombo, Johanna Sent: Monday, July 14, 2014 7:49 AM To: Esparza, Patty Subject: FW: Legalize Safe and Sane Fireworks -----Original Message----- From: Glenn Selbo [mailto:gselbo(@airgain.com] Sent: Sunday, July 13, 2014 8:49 AM To: CITY COUNCIL Subject: Legalize Safe and Sane Fireworks I am in favor of the City Council creating a ballot measure to legalize the sale of Safe and Sane fireworks. Glenn Selbo 1162 Shorecrest Lane Huntington Beach CA 92648 1 Esparza, Patty From: Dombo, Johanna Sent: Monday, July 14, 2014 7:50 AM To: Esparza, Patty Subject: FW: -----Original Message----- From: Scott Cleland [mailto:hbscottclelandphotmail.com] Sent: Saturday, July 12, 2014 10:04 AM To: CITY COUNCIL Subject: Let us vote on this Sent from my iPhone 1 Esparza, Patty From: Dombo, Johanna Sent: Monday, July 14, 2014 1:00 PM To: Esparza, Patty Subject: FW: Fireworks--In favor of lifting ban From: Rewind W [mailto:richardwl23(cbhotmail.com] Sent: Monday, July 14, 2014 12:43 PM To: Shaw, Joe Cc: Dombo, Johanna Subject: Fireworks--In favor of lifting ban Honorable Councilmember Shaw; I understand the City Council may consider an item on tonight's agenda regarding fireworks. As a resident of Huntington Beach I encourage you and your colleagues to either reverse the current fireworks ban or put this question on the ballot for voter of Huntington Beach to decide for themselves if fireworks should be allowed in the city. Respectfully, Richard Wannenmacher 714 343 5063 1 Esparza, Patty From: Fikes, Cathy Sent: Monday, July 14, 2014 2:29 PM To: Esparza, Patty Subject: FW: Fireworks Again? From: prohondal [mailto:prohonda1(&hotmail.com] Sent: Monday, July 14, 2014 2:17 PM To: CITY COUNCIL Subject: Fireworks Again? When are you pro fireworks Council members going to get it? The vast majority of HB citizens hate the weeks of endless illegal fireworks we have to contend with. And you think bringing back the so called "safe & sane" fireworks is a reasonable and sensible thing to do? I am beginning to smell a foul odor and wonder what you fireworks advocates real agenda is. I'd hate to think you are kissing up to the special interests, such as the executive of a "safe & sane" fireworks company who resides in HB. Our wonderful city already has major issues with the illegal type fireworks, such as fires and injuries. The Police Chief and Fire Chief of our city are greatly opposed to legalizing fireworks of ANY sort. So please quit trying to shove any legalization of fireworks down the throats of your citizens. And what really chaps me is that you have to resort to being sneeky and whipping this "dead horse" with the full advance knowledge that one if your fellow council members who is historically opposed to all fireworks could not attend tonight's meeting. He specifically requested you postpone your actions for a few days, so he could have a say, and an impact on the outcome. Instead, you resorted to typical political gamesmanship to stack the deck to suit your own needs. Speaking for all the citizens of HB who oppose fireworks of any sort...enjoy your time in office. Before we dump you! Sem ''rotn ti y T-Mobile d(i L FE lie £ce 1 Esparza, Patty From: Dombo, Johanna Sent. Monday, July 14, 2014 3:21 PM To: Esparza, Patty Subject: FW: Surf City Pipeline: You have been assigned a new Request#: 18991 From: Surf City Pipeline [ma i Ito:noreply(�)user.govoutreach.corn] Sent: Monday, July 14, 2014 3:16 PM To: Dombo, Johanna Subject: Surf City Pipeline: You have been assigned a new Request #: 18991 Request# 18991 from the Government Outreach System has been assigned to you. Request type: Question Request area: Fireworks Citizen name: Larry Description: yes the voters decided by using fireworks when you banned them. Let the voters decide. Stop pressing your standards on us. Expected Close Date: July 24, 2014 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. i