HomeMy WebLinkAboutProposed Special Election 1991 - Re Pierside Restaurants pro CITY OF HUNTINGTON BEACH
REQUEST FOR LEGAL SERVICES RLs Pilo_ l—, 2
bail Hutton, City Attorney (
i Attorney C J
Date
Date Request made by Telephone Department
5/16/91 Barbara A. Kaiser 5582 Economic Development
Instructions. File request in the City Attorney's Office. Briefly outline reasons for this request and print or
type facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits.
Type of legal service requested
( ] Ordinance [ ] Opinion ( ] Stop Notice
[g� Resolution ( 1 Lease ( ] Bond
[ 1 Meeting [ ] Contract/Agreement [ 1 Deed
[ 1 Court Appearance [ ] Insurance [ 1 Other
Is Request for Preparation of Contract form attached? [ ] Yes [ ] No
Are exhibits attached? [ ) Yes [ ] No
If for Council action, If not for Council action, Signature of Department HeEd
Agenda deadline desired comp]etio date
Council Meeting -
51 / s1
Comments
Please prepare the appropriate resolution(s) for Council consideration, calling
for a Special Election to be held on November 5, 1991, for the purpose of
putting the Pierside Restaurants project on the ballot as required by Measure C.
If you have any questions, please call me at extension 5582. Thank you for your
assistance.
BAK:ls
R
This Request for Legal Services has been assigned to attorney BOB SANGSTER 5/17/91
telephone extension . His/her secretary is Sara,iane extension 5558
Keep the goldenrod copy for your files. Please reference the above RLS number when making inquiries.
Motes
Filename
WIP Wo. Date completed �O
,,Z
RCS 3/2'1/9 1 Rev.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING, CALLING, PROVIDING FOR
AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 5, 1991, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A
PROPOSITION AS TO WHETHER THE CITY SHALL BE GIVEN
THE AUTHORITY TO LEASE CITY OWNED PROPERTY ON THE OCEAN
SIDE OF PACIFIC COAST HIGHWAY, BORDERED BY THE EXISTING
BEACH SERVICE ROAD, MUNICIPAL PIER AND FIRST STREET.
The City Council of the City of Huntington Beach does hereby
resolve, declare, determine and order as follows :
SECTION 1 . That pursuant to the requirements of the
Charter there is hereby called and ordered to be held in the
City of Huntington Beach on Tuesday, November 5, 1991 a special
municipal electionAFthe ,purpose of submitting to the qualified
voters of said city as required by Section 612 of the City
Charter., a proposition, which shall appear on the ballots to be
used at said special election in addition to any other matter
required by law.
SECTION 2 . That the City Council, pursuant to City
Charter, Section 612, does order submitted to the voters at the
Special Municipal Election the following question:
1
PROPOSITION
�0
Shall the City of Huntington Beach h ve the authority to
lease to the Redevelopment Agency o the City of
Huntington Beach city owned proper y located on the
ocean side of Pacific Coast High y, bordered by the
existing Beach Service Road, Mu cipal Pier and First
Street and presently used for restaurant (Maxwell ' s) ,
beach concessions and parking, for the purpose of
replacing the existing restaurant with a new restaurant;
constructing two additional buildings for restaurants.
and beach concessions, constructing public accessways,
and constructing a subterranean parking structure
(Pierside -Restaurants Project)?
/J
C rt .� / )c✓7` f t�� /j�.;,� 2�{�, GF f rya- �; ,"� ) ✓,�1 -w�% r<,. / ,s
�/ 9
SECTION ,9.Y That the ballots to be used at the election
c
shall be in form and content as required by law.
SECTION -% That the City Clerk is authorized, instructed
and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and -
lawfully conduct the election.
SECTION 1.(9 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, except as
provided in Section 14301 of the Elections Code of the State of
California .
SECTION/4�. That in all particulars not recited in this
resolution, the election shall be held and conducted as provided
by law for holding municipal elections .
2
SECTION �.� That in the event the developer of the
Pierside Restaurant Project, Stanley M. Bloom, has not executed
the First Amended Pier Side Lease on or before August 2, 1991,
this resolution is rescinded and the election is cancelled.
r
SECTION 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 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 ,__.1991.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Atto ney /1C
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of
Economic Development
3
-L
RESOLUTION NO.
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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 1991, WITH THE UNIFORM DISTRICTS
ELECTIONS TO BE HELD ON THE DATE PURSUANT TO
SECTION 23302 OF THE ELECTIONS CODE.
WHEREAS, the City Council of the City of Huntington Beach
called a Special Election to be held November 5,
1991 for the purpose of submitting to the voters the question
relating to the proposed Pierside Restaurants, and
It is desirable that the Special Municipal Election be
consolidated with the Uniform District Elections to be held on
the same date and that within the City, the precincts, polling
-places and election officers be designated by the County, and
that the County Election Department of the County -of Orange
canvass the returns of the Special 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 resolve, declare, determine and order as follows:
SECTION 1 . That pursuant to the requirements of the
Section 23302 of the Elections Code, the Board of Supervisors of
the County of Orange is hereby requested to consent and agree to
the consolidation of a Special Municipal Election with the
1
Uniform Districts Election on Tuesday, November 5, 1991 for the
purpose of submitting to the qualified voters of the City of
Huntington Beach as required by Section 612 of the City Charter,
a proposition to appear on the ballot as follows :
PROPOSITION
Shall the City of Huntington Beach ;have tom- authority to
lease to the Redevelopment Agency/18f the City of
Huntington Beach city owned property located on the
ocean side of Pacific Coast Highway, bordered by the
existing Beach Service Road, Municipal Pier and First
Street and presently used for :a restaurant (Maxwell ' s) ,
beach concessions and parking; for the purpose of
replacing the existing restaurant with a new restaurant;
constructing two additional buildings for restaurants
and beach concessions , constructing public acc•essways ,
and constructing a subterranean parking structure
(Pi:erside -Restaurants Project)?
E, c•Y:,
Ailt'^S�i'
GSECTION 2 .�' That the county election depArtment is
authorized to canvass the returns of the Special Municipals- � ,: _
Election. The election shall be held in all respects as if
there were only one election, and only one form of ballot shall 1
be used.
4i
SECTION 3 . That the Board of Supervisors is requested to `JJr
W.
issue instructions to the county election department to take any
and all steps necessary for the holding of the consolidated
C.
election. C
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 .
2
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 election department of 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
day of 1991 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of
Economic Development.
3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A
WRITTEN ARGUMENT REGARDING A CITY PROPOSITION
AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a Special Municipal Election is to be held in the
City of Huntington Beach, California, on November 5, 1991, at
which there will be submitted to the voters the following
proposition:
PROPOSITION
Shall the City of Huntington Beach, have .. authority to
lease to the Redevelopment Agencyi/of the City of
Huntington Beach city owned property located on the
ocean side of. Pacific Coast Highway, bordered by the
existing Beach Service Road, Municipal Pier and First
Street and presently used for /a restaurant (Maxwell ' s) ,
beach concessions and parking for the purpose of
replacing the existing restaurant with a new restaurant;
constructing two additional buildings for restaurants
and beach concessions, constructing public accessways,
and constructing a subterranean parking structure
(Pierside Restaurants Project)?
NOW, THEREFORE, the City Council of the City of Huntington
Beach, California, does resolve, declare, determine and order as
follows :
1
SECTION 1. The City Council authorizes
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
members of that body, to file a written argument regarding the
City proposition as specified above in accordance with Article
4 , Chapter 3 , Division 5 of the Elections Code of the State of
California and to change the argument -until a,nd including the
date fixed by the City -Clerk a-fter which no argument5for or
against the City proposition may be submitted to the City Clerk.
SECTION 2 . That the City Council directs the City Clerk
to transmit a copy of the proposition to the City Attorney,
unless the organization or salaries of the Office of the City
Attorney are 7ffected. The City Attorney shall prepare an
impartial analysis of the proposition showing the effect of the
proposition on the existing law and the operation of the
proposition. If the proposition 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
2
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 1991.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerkr�f� City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of Economic
Development
0
3
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Bob Sangster From Connie Brockway U"
Deputy City Attorney City Clerk
Subject Election Resolutions Date July 2, 1991
Attached are the resolutions for your approval. I used the forms supplied in 1990 by
Martin & Chapman, election suppliers, who informed me the particular ones I used had not
changed. I highlited certain places where I deviated. Also, Bob, I threw in Section 23302
of the Election Code as the county told me we are consolidating with the county's Uniform
Election Code. I had not realized this.
If all is ok with you will you run them off on your resolution paper and then I can get them
to the City Administrator with the RCA. Call Mae at x5227 .to transfer the resolutions to
one of your documents so you do not have to retype them. Thanks alot.
Connie
0994K
'REQUEST FOR CITY COUNCIL ACTION
July 1, 1991
Date
Submitted to: Honorable Mayor an City Councilmembers
Submitted by: Connie Brockway, Ci y Clerk
Prepared by: Cann}e Brockway, City Clerk
Subject: SPECIAL MUNICIPAL ELE TION RESOLUTIONS - NOVEMBER 5, 1991 -
PIERSIDE RESTAURANTS PROJECT
Consistent with Council Policy? [`-•]"Yes [ ] New Policy or Exception Res 46301
Res 46302
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Transmitted for adoption by the City Council are resolutions calling
the November 5, 1991 Special Municipal Election and requesting the
Orange County Board of Supervisors to consolidate elections with the
ups '
RECOMP�[EENDATION O
Adopt : Resolution No. 6301 - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH CALIFORNIA, ORDERING, CALLING,
PROVIDING FOR ' AND GIVING NOTICE OF A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5 , 1991, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION
AS TO WHETHER THE CITY SHALL HAVE AUTHORITY TO LEASE TO THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH CITY
OWNED PROPERTY LOCATED ON THE OCEAN SIDE OF PACIFIC COAST
HIGHWAY, BORDERED BY THE EXISTING BEACH SERVICE ROAD,
MUNICIPAL PIER AND FIRST STREET. "
Resolution No. 6302 - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1991,
WITH THE UNIFORM DISTRICTS ELECTIONS TO BE HELD ON THE DATE
PURSUANT TO SECTION 23302' OF THE ELECTIONS CODE. "
ANALYSIS:
The City Charter mandates that city elections be held according to the
State Elections Code . These resolutions comply with the state code
and must be adopted to implement the November 5, 1991 election
relative to proposed Pierside Project .
FUNDING SOURCE:
Elections Account No . E-AA-CK-141-2-21-00
PIO 4/94
RESOLUTION NO. 6301
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH CALIFORNIA, ORDERING, CALLING,
PROVIDING FOR AND GIVING NOTICE OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5,
1991, FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED VOTERS OF SAID CITY A PROPOSITION AS TO
WHETHER THE CITY SHALL HAVE AUTHORITY TO LEASE TO
THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH CITY OWNED PROPERTY LOCATED ON
THE OCEAN SIDE OF PACIFIC COAST HIGHWAY, BORDERED
BY THE EXISTING BEACH SERVICE ROAD, MUNICIPAL
PIER AND FIRST STREET
The City Council of the City of Huntington Beach does
hereby resolve, declare, determine and order as follows :
SECTION 1 . That pursuant to the requirements of the
Charter there is hereby called and ordered to be held in
the City of Huntington Beach on Tuesday, November 5, 1991
a special municipal election the purpose of submitting to
the qualified voters of said city as required by Section
612 of the City Charter the following question:
PROPOSITION
Shall the City of Huntington Beach have
authority to lease to the Redevelopment Agency
of the City of Huntington Beach city owned
property located on the ocean side of Pacific
Coast Highway, bordered by the existing Beach
Service Road, Municipal Pier and First Street
and presently used for a restaurant
(Maxwell ' s) , beach concessions and parking
lot, for the purpose of replacing the existing
restaurant with a new restaurant; constructing
two additional buildings for restaurants and
beach concessions, constructing public
accessways, and constructing a subterranean
parking structure (Pierside Restaurants
Project) .
SECTION 2 . That the proposed proposition submitted to
the voters is attached as Exhibit "A" .
SECTION 3 . That the ballots to be used at the
election shall be in form and content as required by law.
SECTION 3 . That the proposed proposition submitted to
the voters is attached as Exhibit "A" .
SECTION 4 . That the ballots to be used at the
election shall be in form and content as required by law.
SECTION 5 . That the City Clerk is authorized,
instructed and directed to procure and furnish any and all
official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be
necessary in order to properly and lawfully conduct the
election.
SECTION 6 . 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, except as provided in Section 14301 of the
Elections Code of the State of California.
SECTION 7 . 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 8 . 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 electi-on, in time, form and
manner as required by law.
SECTION 9 . That the City Clerk shall certify to the
passage and adoption of this Resolution and enter it into
the book of original Resolutions .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting held on the
day of 1991.
Mayor
ATTEST:
City Clerk
1232K (2)
RESOLUTION NO. 6302
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 5, 1991, WITH THE UNIFORM
DISTRICTS ELECTIONS TO BE HELD ON THE DATE
PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Huntington
Beach called a Special Municipal Election to be held
November 5, 1991 for the purpose of submitting to the
voters the question relating to the proposed Pierside
Restaurants .
WHEREAS it is desirable . that the Special Municipal
Election be consolidated with the Uniform District
Elections to be held on the same date and that within the
City the precincts, polling places and election officers
be designated by the County and that the County Election
Department of the County of Orange canvass the returns of
the Special 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 resolve, declare, determine and order as
follows :
SECTION 1 . That pursuant to the requirements of
Section 23302 of the Elections Code, the Board of
Supervisors of the County of Orange is hereby requested to
consent and agree to the consolidation of a Special
Municipal Election with the Uniform Districts Election on
Tuesday, November 5 , 1991 for the purpose of submitting to
the qualified voters of the City of Huntington Beach as
required by Section 612 of the City Charter, a proposition
to appear on the ballot as follows :
PROPOSITION
Shall the City of Huntington Beach have
authority to lease to the Redevelopment Agency
of the City of Huntington Beach city owned
property located on the ocean side of Pacific
Coast Highway, bordered by the existing Beach
Service Road, Municipal Pier and First Street
and presently used for a restaurant
(Maxwell ' s) , beach concessions and parking
lot, for the purpose of replacing .the existing
restaurant with a new restaurant; constructing
two additional buildings for restaurants and
beach concessions, constructing public
accessways, and constructing a subterranean
parking structure (Pierside Restaurants
Project) .
SECTION 2 . That the county election department is
authorized to canvass the returns of the Special Municipal
Election. The election shall be held in all respects as
if there were only one election, and only one form of
ballot shall be used.
SECTION 3 . That the Board of Supervisors is requested
to issue instructions to the county election department to
take any and all steps necessary for the holding of the
consolidated election.
SECTION 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 election department of 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 held on the
day of 1991 .
Mayor
ATTEST:
City Clerk
1232K (2)
'REQUEST FOR CITY COUNCIL ACTION
July 1, 1991
Date
Honorable Mayor and City Councilmembers
Submitted to:
Connie Brockway, City Clerk
Submitted by:
Gail Hutton, City Attorney
Prepared by:
RESOLUTION SETTING PRIORITIES FOR WRITTEN ARGUMENT REGARDING CITY
Subject: PROPOSITION AND DIRECTING ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
- NOVEMBER 5, 1991 SPECIAL ELECTION - PIERSIDE RESTAURANTS PROJECT
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Res . #6303
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
The City Council may adopt a resolution setting priorities for
filing a written argument regarding a proposed proposition to be
placed on the November 5, 1991 ballot and may direct the City
Attorney to prepare an impartial analysis .
RECOMMENDATION:
The City Council aft-er naming its authorized members (no less than one
nor more than five) may adopt Resolution No. 6303 - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING
PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY PROPOSITION
AND DIRECTING THE CITY 'ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. "
ANALYSIS:
The City Charter mandates that city elections be held pursuant to the
State Elections Code. The Elections Code provides that Council may
authorize members of its body to file a written argument regarding a
city measure to be signed by no less than one or more than five of its
members . The Council may also direct the City Attorney to prepare
an impartial analysis .
FUNDING SOURCE:
Elections Account No . E-AA-CK-141-2-21-00 - 1991-92 Budget .
ALTERNATIVE ACTIONS:
Council may choose not to adopt said resolution authorizing its
members to file an argument whereby the City Clerk shall select an
argument pursuant to S. 5016 of the Elections Code. Also, the City
Council may choose not to direct the City Attorney to prepare an
impartial analysis .
ATTACHMENTS: Resolution No. 6303
Elections Code Sections 5010 , 5013, 5016
Resolution No . 4604 adopted 3/13/78 - Perpetual
resolution which provides for the filing of rebuttal
arguments .
Pf0 4/84
RESOLUTION NO. 6303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES
FOR FILING A WRITTEN ARGUMENT REGARDING A CITY
PROPOSITION AND DIRECTED THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a Special Municipal Election is to be held in
the City of Huntington Beach, California, on November 5,
1991, at which there will be submitted to the voters the
following proposition:
PROPOSITION
Shall the City of Huntington Beach have
authority to lease to the Redevelopment Agency
of the City of Huntington Beach city owned
property located on the ocean side of Pacific
Coast Highway, bordered by the -existing Beach
Service Road, Municipal Pier and First Street
and presently used for a restaurant
(Maxwell ' s) , beach concessions and parking
lot, for the purpose of replacing the existing
restaurant with a new restaurant; constructing
-two additional 'buildings for restaurants and
beach concessions, constructing public
accessways, and constructing a subterranean
parking structure (Pierside Restaurants
Project) .
NOW, THEREFORE, the City Council of the City of
Huntington Beach, California, does resolve, declare,
determine and order as follows :
SECTION 1 . The City Council authorizes :
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
members of that body, to file a written argument regarding
the City proposition as specified above in accordance with
Article 4 , Chapter 3 , Division 5 of the Elections Code of
the State of California and to change the argument until
and including the date fixed by the City Clerk after which
no arguments for or against the City proposition may be
submitted to the City Clerk.
SECTION 2 . That the City Council directs the City
Clerk to transmit a copy of the proposition 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
proposition showing the effect of the proposition on the
existing law and the operation of the proposition. If the
proposition 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, Clerkfor the filing of
primary arguments .
SECTION 3 . That the City Clerk shall certify to the
passage and adoption of this resolution and enter into the
book of original resolutions .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting held on the
day of 1991.
Mayor
ATTEST:
City Clerk
1232K (2)
O
as ' 004V OF C;]MCJ4MMIr00 m aM=aOH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: CONNIE BROCKWAY FROM: RAY SILVER, ASSISTANT
CITY CLERK CITY ADMINISTRATOR
SUBJECT: DRAFT BALLOT MEASURE DATE: MAY 30, 1991
LANGUAGE FOR COUNCIL
CONSIDERATION ON JULY 1.
Below is the draft ballot measure language which we prepared for
the City Council to review and consider at- their meeting on JULY
1, 1991.
Following is the proposed ballot language:
SHALL THE CITY OF HUNTINGTON BEACH HAVE THE AUTHORITY TO LEASE
THE-AREA BOUNDED BY PACIFIC COAST HIGHWAY AND THE BEACH SERVICE
ROAD BETWEEN THE PIER AND FIRST STREET (PRESENTLY USED AS A
RESTURANT BEACH CONCESSIONS AND PARKING LOT) FOR THE PURPOSE OF
CONSTRUCTING NEW PUBLIC RESTURANTS (PIERSIDE PROJECT) , ADDITIONAL
PUBLIC OPEN SPACE, PUBLIC PARKING FACILITIES, AND PUBLIC ACCESS
TO THE BEACH
Thank you for preparing the RCA for the JULY 1 meeting on this
subject. Please let me know if you need any additional
assistance.
Ray Silver
cc: City Attorney
Deputy City Administrator/Economic Development
Director of Community Development
Director of Public Works
4 000UNTY OF RANGE H•i cor.General
Drector.General Services Agency
2 1
�53
GENERAL SERVICES AGENCY
REGISTRATION & ELECTIONS DIVISION
DONALD TANNEY Mailing Address:
REGISTRAR OF VOTERS P.O.Box 11298
1300 S. Grand Avenue Santa Ana.California 92711
Santa Ana, CA 92705
(714) 567-7600
TDD (714) 567-7608
April 8, 1991
tIZ-a
Connie Brockway, City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Dear Connie:
Enclosed is a list of all jurisdictions which hold elections
in Orange County and the dates on which they are held. The
cities of Seal Beach and Tustin conduct their own elections.
We conduct all others.
The last day to consolidate with any election we conduct is the
88th day prior to the election. To place the measure on the
November 5, 1991 election, the last day to consolidate would
be August 9.
There are no restrictions regarding placing a map in the sample
ballot. However, this office has no equipment to draw maps. If
we would be printing your sample ballots, you would be required
to provide this office with camera ready copy for the map at a
size of 82" x 11".
Your letter does not give me all information necessary to confirm
your cost estimate. This is all done much easier over the telephone.
Please contact Doug Mitchell to discuss costs. Doug's number is
(714) 567-7624.
Very truly yours,
Rosalyn Lever
Assistant Registrar of Voters
enc.
93, a 7 G
ELECTION DATES AS OF 3/11/91
CITY/DISTRICT CODE DATE OF NEXT
ELECTION
Anaheim *502 November 3, 1992
Brea *505 November 3, 1992
Buena Park *507 November 3, 1992
Costa Mesa *552 November 3, 1992
Cypress *510 November 3, 1992
Dana Point *541 June 3, 1992
Fountain Valley *531 November 3, 1992
Fullerton *513 November 3, 1992
Garden Grove *514 November 3, 1992
Huntington Beach *532 November 3, 1992
Irvine *559 June 3. 1992
Laguna Beach *544 November 3, 1992
Laguna Niguel *558 November 3, 1992
La Habra *517 November 3, 1992
La Palma *511 November 3, 1992
Los Alamitos *533 November 3, 1992
Mission Viejo *547 November 3, 1992
Newport Beach *553 November 1992
Orange *563 November 3, 1992
Placentia *523 November 3, 1992
San Clemente *548 November 3, 1992
San Juan Capistrano *549 November 3, 1992
Santa Ana *568 November 3, 1992
Seal Beach *536 March 31, 1992
Stanton *527 November 3, 1992
Tustin *571 April 14, 1992
Villa Park *575 November 3, 1992
Westminster *539 November 3, 1992
Yorba Linda *529 November 3, 1992
North Orange County Community College District *SCC54 *November 3, 1992
Coast Community College District *SCC12 November 3, 1992
Rancho Santiago Community College District *SCC99 November 3, 1992
Saddleback Community College District *SCC94 November 3, 1992
Anaheim Union High School District *SHS27 November 3, 1992
Huntington Beach Union High School District *SHS06 November 3, 1992
Fullerton-Joint Union High School District . *SHS46 *November 3, 1992
Brea-Olinda Unified School District *SUS31 November 3, 1992
Capistrano Unified School District *SUS71 November 3, 1992
Garden Grove Unified School District *SUS95 November 5, 1991
Irvine Unified School District *SUS91 November 5. 1991
Laguna Beach Unified School District *SUS81 November 3, 1992
Los Alamitos Unified School District *SUS52 November 3, 1992
Newport-Mesa Unified School District *SUS11 November 5, 1991
Orange Unified School District *SUS98 November 5, 1991
Placentia Unified School District *SUS51 November 3, 1992
Saddleback Valley Unified School District *SUS92 November 3, 1992
Santa Ana Unified School Di.strict *SUS61 November 5, 1991
Tustin Unified School District *SUS93 November 3, 1992
Anaheim City School District *SES21 November 3, 1992
Buena Park School District *SES41 November 3, 1992
Centralia School District *SES22 November 3, 1992
Cypress School District *SES23 November 3; 1992
Fountain Valley School District *SESO1 November 3, 1992
Fullerton School District *SES42 November 3, 1992
electiondates *We will conduct L.A. Co. portion
staff
1
ELECTION DATES AS OF 3/11/9i' 9
CITY/DISTRICT CODE DATE OF NEXT
ELECTION
Huntington Beach City School District *SES02 November 3, 1992
La Habra City School District *SES43 November 3, 1992
Lowell Joint School District *SES44 *November 3, 1992
Magnolia School District *SES25 November 3, 1992
Ocean View School District *SES03 November 3, 1992
Savanna School District *SES26 November 3, 1992
Westminster School District *SES05 November 3, 1992
Yorba Linda School District *SES45 MERGED WITH PLACENTIA UNIFIED
Laguna Niguel Community Services District COMSLN NO LONGER ELECTED
Rossmoor Community Services District COMSRM November 3, 1992
Capistrano Bay Service District COMSCB November 3, 1992
Emerald Bay Service District COMSEB November 5, 1991
Surfside Colony Service District COMSSC November 3, 1992
Three Arch Bay Service District COMSTA November 5, 1991
Carpenter Irrigation District IRRCAR November 3, 1992
Serrano Irrigation District IRRSER November 3, 1992
Capistrano Bay Park & Rec PKRCB November 3, 1992
Silverado-Modjeska Park & Rec PKRSM November 5, 1991
Capistrano Beach Sanitary District SANICB November 3, 1992
Costa Mesa Sanitary District SANICM November 3, 1992
Dana Point Sanitary District SANIDP November 3, 1992 .
Garden Grove Sanitary District SANIGG November 3, 1992
Midway City Sanitary District SANIMC November 3, 1992
Sunset Beach Sanitary District SANISB November 5, 1991
Surfside Colony Storm Water District SWTRSC November 3, 1992
E1 Toro Water District IWTRELT November 3, 1992
Los Alisos Water District (Landowner) November 5, 1991
Santa Margarita Water District (Landowner) November 5, 1991
Moulton Niguel Water District WTRMN November 3, 1992
Capistrano Beach County Water District CWCB November 3, 1992
Cypress County Water District CWCYP DISSOLVED 12/14/88
East Orange County Water District CWEOC November 3, 1992
Laguna Beach County Water District CWLB November 3, 1992
Los Alamitos County Water District CWLAL November 3, . 1992
Mesa Consolidated Water District CWMESA November 3, 1992
Orange County Water District, Division 6 CWOC November 3, 1992
Trabuco Canyon Water District CWSAM November 3, 1992
Santiago County Water District CWSAN November 3, 1992
South Coast County Water District CWSC November 3, 1992
Stanton County Water District CWSTN DISSOLVED
Yorba Linda County Water District CWYL November 3, 1992
Coastal Municipal Water. District MWCOS November 3, 1992
Municipal Water District of Orange County MWOC November 3, 1992
Tri-Cities Municipal eater District MWTC November 3, 1992
Irvine Ranch Water District WTRIRV November 3, 1992
North Tustin Municipal Advisory Council MACNT November 3, 1992
Buena Park Library District LIBBP November 3, 1992
Placentia Library District LIBPLA November 3, 1992
37 Districts 32 Schools
6 Nov/Odd 5 Nov/Odd
31 Nov/Even 27 Nov/Even
electiondates *We will conduct L.A. Co. portion
staff
2
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 5, 1991
Roz Lever
Assistant Registrar of Voters
1300 "C" South Grand Avenue
Santa Ana, CA 92705
Dear Roz,
At your convenience will you provide me with information as
to what you will have going in November, as I believe the
City Council is serious about putting the youth sports complex
in Central Park and the question of the restaurants on the beach
on the November, 1991 ballot.
Thank you.
(Telephone: 714-535-5227)
CITY OF HUNTINGTON BEACH
LJJJ 0
Lo" INTER-DEPARTMENT COMMUNICATIO
HUNTINGTON BEACH
Connie Brockway Keit B. oh
To City Clerk From Rede elopment Specialist
PROCESS FOR ADDING A PIERSIDE March 29, 1991
Subject MEASURE TO THE NOVEM 3ER 1991 Date
GENERAL ELECTION BALLOT
Connie, as you and I discussed this morning I would appreciate any outline of the process
and timeline the Agency needs to follow should the Pierside Restaurant project need to be
put on the ballot.
Some examples of the information I am requesting include:
L The deadline for the City council to adopt resolutions calling for elections to
be consolidated with the county.
2. Who prepares and what is the deadline for completing arguments and impartial
analysis to be put into the ballot.
3. Are there any rules or restrictions with regard to putting in a map of the
project site.
Additionally, if you could please estimate what it would cost the city to put such a
measure on the ballot.
Thank you for your assistance.
KBB:jar
8788r
E
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 5, 1991
Roz Lever
Assistant Registrar of Voters
1300 "C" South Grand Avenue
Santa Ana, CA 92705
Dear Roz,
At your convenience will you provide me with information as
to what you will have going in November, as I believe the
City Council is serious about putting the youth sports complex
in Central Park and the question of the restaurants on the beach
on the November, 1991 ballot.
Thank you.
(Telephone: 714-536-5227)
1 �
JEJ
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATIO
HUNTINGTON BEACH
Connie Brockway Keit B. ohr
To City Clerk From Rede elopment Specialist
PROCESS FOR ADDING A PIERSIDE March 29, 1991
Subject MEASURE TO THE NOVEMBER 1991 Date
GENERAL ELECTION BALLOT
Connie, as you and I discussed this morning I would appreciate any outline of the process
and timeline the Agency needs to follow should the Pierside Restaurant project need to be
put on the ballot.
Some examples of the information I am requesting include:
1. The deadline for the City council to adopt resolutions calling for elections to
be consolidated with the county.
2. Who prepares and what is the deadline for completing arguments and impartial
analysis to be put into the ballot.
3. Are there any rules or restrictions with regard to putting in a map of the
project site.
Additionally, if you could please estimate what it would cost the city to put such a
measure on the ballot.
Thank you for your assistance.
KBB:jar
8788r
CALENDAR OF EVENTS
NOVEMBER 8, 1988
GENERAL ELECTION
JULY 15 E-116 Resolution calling election to Registrar of Voters. This
is not a statutory deadline; however, it helps to have the
resolution as early as possible.
JULY 18 E-113 First day of candidate filing.
AUGUST 12 E-88 Last day for candidates to file nomination documents and
statements of qualifications.
AUGUST 12 E-88 Last day to consolidate with general election. Resolution
d�T � k, uti containing measure wording must be to us by 5:00 p.m. this
date. If you wish to have the full text printed in the
�caSur�. �,ticQt� sample ballot pamphlet we need to have the full text as
le,4l soon after August 12 as possible and no later than August
19.
AUGUST 13 E-87 First day of extended candidate filing period. Candidate
filing is only extended if an incumbent ELIGIBLE FOR
REELECTION, does not file nomination documents prior to
5:00 p.m. , August 12. Incumbents are not eligible to file
I during the extended period.
AUGUST 15 E-85 Cities in which there is no extended-,filing period should
provide the Registrar of Voters office with copies of
t nomination documents and statements of qualifications by
-I
5:00 p.m. , August 15.
AUGUST 17 E-83 Last day of the extended filing period.
AUGUST 18 E-82 Cities that had an extended filing period should provide
the Registrar of Voters office with copies of nomination
documents and statements of qualifications by 5:00 p.m. ,
August 19.
i '
, •
AUGUST 22 E-78 Last day for direct arguments and city attorney impartial
j analysis. If your council passes a resolution prior to
7{ August 12, placing a measure on the ballot, by all means
adjust this date accordingly. However, August 22 is the
1 ± very last day in order to meet our printing deadlines.
ti
! SEPTEMBER 1 E-68 Last day for rebuttal arguments. If your direct arguments
are due prior to August 22, the rebuttals must be filed 10
E ! days after the directs .
jj OCTOBER 3 E-36 Sample ballot mailing begins approximately this date.
OCTOBER 10* E-29 Last day to register to vote in this election.
1 � _
/0 —11- " .
v�
n
2
a
*October 10 falls on a state holiday, so registration is
extended until midnight on October 11.
r
;TOBER 10* E-29 First day absentee ballots are available. All absentee
ballots will be issued through the Registrar of Voters
office. If you receive requests at your city hall ,
forward them to us immediately.
*October 10 is a state holiday. First day for absentee
ballots will be October 11 unless our office works on
October 10. In that case we will be open to the public and
make absentee ballots available.
OCTOBER 25 E-14 Last day for write-in candidates to file nomination
documents.
OCTOBER 29 E-10 All sample ballots mailed by this date.
NOVEMBER 1 E-7 Last day for regular absentee ballots.
NOVEMBER 8 E-0 Election day - Polls open 7:00 a.m. until 8:00 p.m.
NOVEMBER 10 E+2 Official canvass begins.
NOVEMBER 22 E+14 If all goes well we plan to certify on this date.
REQUEST FOR CITY COUNCIL ACTION
July 15, 1,991
Date
Submitted to: Honorable Mayor and City Councilmembers
Submitted by: Michael Uberuaga, City Administrator
Connie Brockway, City Clerk
Prepared by: Connie Brockway, City Clerk
Subject: SPECIAL MUNICIPAL ELECTION RESOLUTIONS - NOVEM 3ER 5, 1991 -
PIERSIDE RESTAURANTS PROJECT
Consistent with Council Policy? ( ] Yes [ ] New Policy or Exception Res #6301
Res #6302
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Transmitted for adoption by the City Council are resolutions calling the November 5, 1991
Special Municipal Election and requesting the Orange County Board of Supervisors to
consolidate elections with the county. Developer of Pierside Restaurants to pay one-half of the
$100,000 approximate cost of said election.
RECOMMENDATION:
Adopt: 1. Resolution No. 6301 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ORDERING, CALLING, PROVIDING FOR AND GIVING
NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5,
1991, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF
SAID CITY A PROPOSITION AS TO WHETHER THE CITY SHALL BE GIVEN THE
AUTHORITY TO LEASE CITY OWNED .PROPERTY ON THE OCEAN SIDE OF
PACIFIC COAST HIGHWAY, BORDERED BY THE EXISTING BEACH SERVICE
ROAD, MUNICIPAL PIER AND FIRST STREET."
AND
2. Resolution No. 6302 - "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 SPECIAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 5, 1991, WITH THE UNIFORM DISTRICTS
ELECTIONS TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF
THE ELECTIONS CODE."
ANALYSIS:
The City Charter mandates that city elections be held according to the State Elections Code.
These resolutions comply with the state code and must be adopted to implement the November
5, 1991 election relative to proposed Pierside Project.
FUNDING SOURCE:
Total election costs of approximately $100,000 to be equally shared by the City and Stanley
Bloom, Developer of Pierside Restaurants. Election Account No. E-AA-CK-141-2-21-00
ATTACHMENTS:
Memo dated 6/20/91 from City Attorney
Resolution No. 6301 with project description
Resolution No. 6302
P10 4/84
CITY OF HUNTINGTON BEACH
179" INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Ray Silver From Gail Hutton
Assistant City Administrator City Attorney
Subject Pier Area Projects Date June 20, 1991
At the City Council meeting of May 28, 1991, the Council
requested that the City Attorney review the two staff-defined
scenarios for the development of the pier area and determine if
either scenario contains projects which should be placed on the
ballot for public vote. The development scenarios include six
projects, including (1) the pier, (2) pier plaza, (3) pierside
restaurants, (4) pier buildings, (5) parking lots, and
(6) relocation of Maxwell ' s .
Measure C (Charter Section 612) requires the consent of the
electorate prior to any lease or construction of significant
dimensions in parks or beaches . Although the pierside property
is neither park nor beach, as discussed in our previous
opinions, this site does appear to be within the contemplation
of the electorate in passing Measure C.
Pierside Project & Pier Plaza.
We have previously determined that the leasing of any of the
property within the pierside project for commercial purposes
would require a vote of the people under Measure C. Any
construction exceeding the threshold requirements of Measure C,
which are buildings over 3, 000 square feet or structures costing
more than $100, 000 would require a vote of the people if they
are to be placed upon the pierside property or pier plaza. This
would include both new restaurants and relocation of Maxwell ' s
to a different site. We are currently in the process of
drafting the ballot language that would authorize leasing of the
pierside project and development for restaurants, public access
to the beach and tidelands, and parking. It would seem that
this authorization would allow the uses proposed by the two
scenarios .
Maxwell ' s Site.
The lot on which Maxwell ' s is currently located is a separate
parcel . The existing long-term lease for restaurant use of that
site is not subject to Measure C because the lease was entered
into prior to Measure C' s effective date.
Ray Silver
June 20, 1991
Page 2
Parking Lots Northwest of Pier.
We have previously addressed the issue of parking northwest of
the pier and have determined that Measure C does not apply since
the proposed parking is neither on the beach nor in a park.
Pier.
Piers are expressly exempted from Measure C.
Pier Buildings .
Insofar as pier buildings are concerned, it is our opinion that
these are not subject to Measure C since they are on the pier,
which is exempted, and not on a park or beach, and are subject
to the lease the city holds with the State Lands Commission.
Parking Lots Southeast of Pier.
We cannot determine from the materials supplied what the
location is of any proposed south beach parking area
improvements . Of course, if this includes the pierside site,
the consent of the electorate is required and we are in the
process of setting the issue on the ballot . As to other areas,
since Measure C only applies to parkland and beach, the public
vote requirement would only be required for such property.
We trust this answers the questions raised by you and by the
Council and would be pleased to address any further issues upon
request .
4,a- 4zt:�,
Gail Hutton
City Attorney
cc: Honorable Peter Green, Mayor, and
Members of the City Council
Michael Uberuaga, City Administrator
Michael Adams, Director of Community Development
Ref : RLS 91-354
Res. No. 6301/'1-
RESOLUTION NO. 0 f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING, CALLING, PROVIDING FOR
AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 5, 1991, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A
PROPOSITION AS TO WHETHER THE CITY SHALL BE GIVEN
THE AUTHORITY TO LEASE CITY OWNED PROPERTY ON THE OCEAN
SIDE OF PACIFIC COAST HIGHWAY, BORDERED BY THE EXISTING
BEACH SERVICE ROAD, MUNICIPAL PIER AND FIRST STREET.
The City Council of the City of Huntington Beach does hereby
resolve, declare, determine and order as follows :
SECTION 1. That pursuant to the requirements of the
Charter there is hereby called and ordered to be held in the
City of Huntington Beach on Tuesday, November 5, 1991 a special
municipal election for the purpose of submitting to the
qualified voters of said city as required by Section 612 of the
City Charter, a proposition, which shall appear on the ballots
to be used at said special election in addition to any other
matter. required by law.
SECTION 2 . That the City Council, pursuant to City
Charter, Section 612 , does order submitted to the voters at the
Special Municipal Election the following question:
� .. "•`:%^` yb& � '§rti$' At it '"`w'3.;'� G.' ��
1
Res. No. 6301
PROPOSITION
Shall the City of Huntington Beach have authority to
lease to the Redevelopment Agency of the City of
Huntington Beach city owned property located on the Yes
ocean side of Pacific Coast Highway, bordered by the
existing Beach Service Road, Municipal Pier and First
Street and presently used for a restaurant (Maxwell ' s) ,
beach concessions and parking, for the purpose of
replacing the existing restaurant with a new restaurant;
constructing two additional buildings for restaurants
and beach concessions, constructing public accessways, No
and constructing a subterranean parking structure
(Pierside Restaurants Project)?
SECTION 3 . That the proposed proposition submitted to
voters is attached as Exhibit "A. "
SECTION 4 . That the ballots to be used at the election
shall be in form and content as required by law.
ti
SECTION 5 . That the City Clerk is authorized, instructed
a �
and directed to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
SECTION 6 . 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, except as
provided in Section 14301 of the Elections Code of the State of
California .
SECTION 7 . That in all particulars not recited in this
resolution, the election shall be held and conducted as provided
'. by law for holding municipal elections . '. "`'` f "''i`
T4
t P •�. �ry Yp El�.
2
Res. No. 6301
SECTION 8 . 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 9 . That the City Clerk shall certify to the
passage and adoption of this resolution and enter it into the
book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1991.
Mayor
ATTEST: APPROVED •AS T FORM:
City Clerk City Attorney A
R ED AND APP E INITIATED AND APPROVED:
City Administrator r� Director of
Economic Development
yp 1' �A
3
Res. No. 6301
7/91
E oa g=r Pr
PIERSIDE RESTAURANTS PROJECT DESCRIPTION
Location -
The project consists of a multi-level restaurant project located on the ocean side of
Pacific Coast Highway, bounded by the existing Beach Service Road, Municipal Pier, and
First Street. The improvements would be constructed within the footprint of the existing
improvements, Maxwell's Restaurant, and the asphalt parking. The lifeguard station and
beach access road/bike path will remain in their present locations.
Restaurants & Leaseable Space -
The project would consist of a 48,522 square foot restaurant complex contained within
three separate buildings. The buildings to be included in the project shall be of
approximately the following sizes (in square feet):
Plaza Level Square Footage
Building "A" (Maxwell's):
1st Level 11,200
2nd Level 3,800
15,000 15,000
Building "B"
1st Level 8,700
2nd Level 2,300
11,000 11,000
Building "C"
1st Level 8,650
2nd Level 5.350
14,000 14,000
Total Plaza Level 40,000
Beach Access Square Footage ,
Dwight's 2,500 =° Y'r 'Q z r
Cafe 5,750
Beach Concession 272 Fra
v
Total Beach Access Level 8,522
PROJECT TOTAL 48,522
Res. No. 6301
Plazas & Promenades
The project provides for two major public plazas on the upper level and a series of plazas
and promenades on the lower level totaling approximately 78,000 square feet.
Parking -
The parking structure shall contain approximately 361 commercial spaces and no less than
193 and no more than 250 public spaces.
Access -
The project shall be designed so that pedestrians will be able to enter the project site
through the signalized intersections at Main and Lake Streets. Elevators, and ramps at all
level changes, shall be provided for full handicap access throughout the project and down
to the beach. Grand staircases from the plaza level to the beach access level shall also be
provided for access and to act as observation and sitting areas.
TO BE REVISED
2 ¢ N
I N Y'
PACIFIC COAST HIGHWAY
.• p
tij
BUILDING A I\u. \` ��/ BUILDING C ••
I. I • '� I 1 ` •r. n.r. FF-i
PIER
I
I I�
LIL
SYMBOL LEGEND -PARKING TABULATION P L,�Z f LEVEL '1
..•4 u•r.ca uu.,I,ou rr... n.0\ht `., ». - ..
..aa.•r
•l..d l M, _
1) IERSIDE REST,4UR /IEVEL 0 P M E N T c� z
c t.CAO" O
w �U yf�Hau W
Res.No. 6302�
RESOLUTION NO. (D 30 a
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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 1991, WITH THE UNIFORM DISTRICTS
ELECTIONS TO BE HELD ON THE DATE PURSUANT TO
SECTION 23302 OF THE ELECTIONS CODE.
WHEREAS, the City Council of the City of Huntington Beach
called a Special Municipal Election to be held November 5, 1991
for the purpose of submitting to the voters the question
relating to the proposed Pierside Restaurants, and
It is desirable that the Special Municipal Election be
consolidated with the Uniform District Elections to be held on
the same date and that within the City, the precincts, polling
places and election officers be designated by the County, and
�. that the County Election Department of the County of Orange
canvass the returns of the Special 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 resolve, declare, determine and order as follows :
SECTION 1. That pursuant to the requirements of the
Section 23302 of the Elections Code, the Board of Supervisors of
the County of Orange is hereby requested to consent and agree to
the consolidation of a Special Municipal Election with the
MANI
s & ('
1
Res. No. 6302
Uniform Districts Election on Tuesday, November 5 , 1991 for the
purpose of submitting to the qualified voters of the City of
Huntington Beach as required by Section 612 of the City Charter,
a prop
N
osition to appear on the ballot as followsl i tv
PROPOSITION a.s2
sa 7 7-
— N7
Shall the City of Huntington Beach have authority to
lease to the Redevelopment Agency of the City of
Huntington Beach city owned property located on the Yes
ocean side of Pacific Coast Highway, bordered by the
existing Beach Service Road, Municipal Pier and First
Street and presently used for a restaurant (Maxwell ' s) ,
beach concessions and parking, for the purpose of
replacing the existing restaurant with a new restaurant;
constructing two additional buildings for restaurants
and beach concessions, constructing public accessways, No
and constructing a subterranean parking structure
(Pierside Restaurants Project)?
SECTION 2 . That the county election department is
authorized to canvass the returns of the Special Municipal
Election. The election shall be held in all respects as if
there were only one election, and only one form of ballot shall
be used.
SECTION 3 . That the Board of Supervisors is requested to
issue instructions to the county election department to take any
and all steps necessary for the holding of the consolidated
election.
SECTION 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
2
Res. No. 6302
Supervisors and the county election department of 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
day of 1991.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney —
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of
Economic Development
" .
ke
x,
3
CITY OF HUNTINGTON BEACH
REQUEST FOR LEGAL SERVICES RLS No. 1--2),;2O
I Gail Hutton. City Attorney
.. - Attorney i
Date J 1-7
Date Request made by Telephone Department
5/16/91 Barbara A. Kaiser 5582 Economic Development
Instructions. File request in the City Attorney's Office. Briefly outline reasons for this request and print or
type facts necessary for City Attorne,/ to respond. Please attach all pertinent information and exhibits.
Type of legal service requested
( 1 Ordinance [ 1 Opinion ( 1 Stop Notice
[X' Resolution [ 1 Lease [ l Bond
( 1 Meeting ( 1 Contract/Agreement ( 1 Deed
( 1 Court Appearance [ 1 Insurance [ 1 Other
Is Request for Preparation of Contract form attached? [ ) Yes [ ] No
Are exhibits attached? [ ] Yes [ ] No
If for Council action, If not for Council action, Signature of Department Head
Agenda deadline desired compI tiof' date
Council Meeting
51 I S 1
Comments
Please oreoare the aaproariate resolution(s) for Council consideration, calling
for a Special Election to be held on November 5, 1991, for the purpose of
putting the Pierside Restaurants project on the ballot as required by Measure C.
If you have any questions, please call me at extension 5582. Thank you for your
assistance. sc
BALK:ls
C
L) r
r
_ c
<._
This Request for Legal Services has been assigned to attorney BOB SANGSTER 5/17/91
telephone extension . His/her secretary is Saraiane extension 5558
,Keep the goldenrod copy for your files. Please reference the above RLS number when making inquiries.
Notes.
�1 Filename /
WP No. Date completed ( /
RCS 3/2"1/9 1 Rev.
REQUEST FOR CITY COUNCIL ACTION
Date July 15, 1991
Submitted to: Honorable Mayor and City Councilmembers
Submitted by: Connie Brockway, City Clerk
Prepared by: Connie Brockway, City Clerk
RESOLUTION SETTING PRIORITIES FOR WRITTEN ARGUMENT REGARDING CITY
Subject: PROPOSITION AND DIRECTING ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS -
NOVEMBER 5, 1991 SPECIAL ELECTION - PIERSIDE RESTAURANTS PROJECT
Consistent with Council Policy? ( ] Yes [ ] New Policy or Exception Res. #6303
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
The City Council may adopt a resolution setting priorities for filing a written argument
regarding a proposed proposition to be placed on the November 5, 1991 ballot and may direct
the City Attorney to prepare an impartial analysis.
RECOMMENDATION:
(a) Prior to adopting Resolution No. 6303 as written, the Council must name 1 to 5
Councilmembers to submit the written argument. Adopt Resolution No. 6303 - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING
A CITY PROPOSITION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS."
()R
(b) Alternative Action: Council may adopt Resolution No. 6303 deleting Section No. 1
and choose not to authorize Councilmembers to file an argument whereby the City Clerk
shall select an argument pursuant to priority set by the State Elections Code
The Council may adopt Resolution No. 6303 deleting Section No. 2 which directs the City
Attorney to prepare an impartial analysis.
ANALYSIS:
The City Charter mandates that city elections be held pursuant to the State Elections Code.
The Elections Code provides that Council may authorize members of its body to file a written
argument regarding a city measure to be signed by no less than one or more than five of its
members. The Council may also direct the City Attorney to prepare an impartial analysis.
FUNDING SOURCE:
Elections Account No. E-AA-CK-141-2-21-00 - 1991-92 Budget.
/ 1
P10 4/84
Page 2 (2)
ALTERNATIVE ACTIONS:
Council may choose not to adopt said resolution authorizing its members to file an argument
whereby the City Clerk shall select an argument pursuant to S. 5016 of the Elections Code.
Also, the City Council may choose not to direct the City Attorney to prepare an impartial
analysis.
ATTACHMENTS:
Resolution No. 6303
Elections Code Sections 5010, 5011, 5013, 5016
Resolution No. 4604 adopted 3/13/78 — Perpetual resolution which provides for the filing of
rebuttal arguments.
1079K
Res. No. 6303 C
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A
WRITTEN ARGUMENT REGARDING A CITY PROPOSITION
AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a Special Municipal Election is to be held in the
City of Huntington Beach, California, on November 5, 1991, at
which there will be submitted to the voters the following
proposition:
PROPOSITION
Shall the City of Huntington Beach have authority to
lease to the Redevelopment Agency of the City of
Huntington Beach city owned property located on the Yes
ocean side of Pacific Coast Highway, bordered by the
existing Beach Service Road, Municipal Pier and First
Street and presently used for a restaurant (Maxwell ' s) ,
beach concessions and parking, for the purpose of
replacing the existing restaurant with a new restaurant;
constructing two additional buildings for restaurants
and beach concessions, constructing public accessways , No
and constructing a subterranean parking structure
(Pierside Restaurants Project)?
NOW, THEREFORE, the City Council of the City of Huntington
Beach, California, does resolve, declare, determine and order as
follows :
m iA ��
1
Res. No. 6303
s '
SECTION 1 . The City Council authorizes
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
members of that body, to file a written argument regarding the
City proposition as specified above in accordance with Article
4, Chapter 3, Division 5 of the Elections Code of the State of
California and to change the argument until and including the
date fixed by the City Clerk after which no arguments for or
against the City proposition may be submitted to the City Clerk.
SECTION 2 . That the City Council directs the City Clerk
1 to transmit a copy of the proposition to the City Attorney,
y unless the organization or salaries of the Office of the City
Attorney are affected. The City Attorney shall prepare an
impartial analysis of the proposition showing the effect of the
proposition on the existing law and the operation of the
proposition. If the proposition 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
ve
T AY ,f `.� :
2
Res. No. 6303
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 1991.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 7 City Attorney RCV
7111
R§V-;EWED AND AP OV D INITIATED AND APPROVED:
City Ak ilty in'lW't-rator Director of Economic
Development
Ar J"A
3
Article 9.Arguments Concerning City Measures
5010. "City measure"definition.
As used in this article,"city measure"includes any proposed city charter,any
proposed amendment to a city charter,any proposition for the issuance of bonds
by the city,any advisory question,or any other question or proposition submitted
to the voters of a city.
(Amended by Slats.1976,c.916,§2J
5011. City attorney to prepare impartial analysis.
Whenever any city measure qualifies for a place on the ballot,the governing
body may direct 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 governing
board may direct the city clerk 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 substan-
tially 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
elections official's office at(insert telephone number)and a copy will be mailed at
no cost to you."
(Amended by Slats.1988,c.420,§3.)
5013. Written arguments.
The legislative body, or any member or members of the legislative body
authorized by that body,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 clerk 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 heading of the first page,of the
printed arguments:
"Arguments in support or opposition of the proposed laws are the opinions of
the authors:"
The city clerk 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 those words used in Section 10010.
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
letteror number,if any,which designates the measure.At the discretion of the clerk,
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.
(Amended by Slats.1983,c.812,§6.5.)
5016. Clerk 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 clerk within the time prescribed,the city clerk 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 clerk
shall give preference and priority 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 combination of
otees 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.
(Amended by Slats.1983,c.872,§7.)
RESOLUTION NO. 4604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, Section 5014 . 5 of the Elections Code of the
State of California (effective January 1, 1978 ) authorizes
the City Council, by majority vote , to adopt provisions to
provide for the filing of rebuttal arguments for city measures
submitted at municipal elections ;
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington
Beach, California, does hereby resolve , declare , determine and
order as follows :
SECTION 1. That pursuant to Section 5014 . 5 of the Elections
Code of the State of California, if any, person submits an argu-
ment against a city measure , and an argument has been filed in
favor of the city measure , the City Clerk shall immediately send
copies of that argument to the persons filing the argument in
favor of the city measure . The persons filing the argument in
favor of the city measure may prepare and submit a rebuttal
argument not exceeding 250 words . The City- Clerk shall send
copies of the argument in favor of the measure to the persons
filing the argument against the city measure , who may prepare
and submit a rebuttal argument to the argument in favor of the
city measure not exceeding 250 words . The rebuttal arguments
shall be filed with the City Clerk not more than ten (10 ) days
after the final date for filing direct arguments . Rebuttal
arguments shall be printed in the same manner as the direct
arguments . Each rebuttal argument shall immediately follow the
direct argument which it seeks to rebut .
SECTION 2 . That the provisions of Section 1 shall apply
at the next ensuing municipal election and at each municipal
be 1.
election thereafter.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a/rdg°ular meeting thereof held on the
th day of March, 1978 .
Mayor Pro Tempore
ATTEST: APPROVED AS TO FORM:
City Clerk City A ey
REVIEWED AND APPROVED:
l
t . City Administrator
2 .
Res. No.4604
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular Arl4n„rnP,j meeting thereof held on the 13th day
T
Of March 19 78 by the following vote:
AYES: Councilmen:
_Bartlett. Coen, Gibbs, Shenkman
NOES: Councilmen:
Siebert
ABSENT: Councilmen:
Wieder, Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
June 27, 1991
Final Language as agreed to by Committee
Shall the City of Huntington Beach have authority to lease to the Redevelopment Agency
of the City of Huntington Beach city owned property located on the ocean side of Pacific
Coast Highway, bordered by the existing Beach Service Road, Municipal Pier and First
Street and presently used for a restaurant (Maxwell's), beach concessions and parking lot,
for the purpose of replacing the existing restaurant with a new restaurant; constructing
,two additional buildings for restaurants and beach concessions, constructing public
accessways, and constructing a subterranean parking structure (Pierside Restaurants
Project).
Distribution: Michael T. Uberuaga, City Administrator
Ray Silver, Assistant City Administrator
Connie Brockway, City Clerk
Pat Dapkus, Management Assistant
Barbara A. Kaiser, Deputy City Administrator/Economic Development
Bob Sangster, Deputy City Attorney
�J
I
CITY OF HUNTINGTON BEACH J
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: CONNIE BROCKWAY FROM: RAY SILVER, ASSISTANT
CITY CLERK CITY ADMINISTRATOR
SUBJECT: DRAFT BALLOT MEASURE DATE: MAY 30, 1991
LANGUAGE FOR COUNCIL
CONSIDERATION ON JULY 1.
Below is the draft ballot measure language which we prepared for
the City Council to review and consider at- their meeting on JULY
1, 1991.
Following is the proposed ballot language:
SHALL THE CITY OF HUNTINGTON BEACH HAVE THE AUTHORITY TO LEASE
THE AREA BOUNDED BY PACIFIC COAST HIGHWAY AND THE BEACH SERVICE
ROAD BETWEEN THE PIER AND FIRST STREET (PRESENTLY USED AS A
RESTURANT BEACH CONCESSION5AND PARKING LOT) 'FOR THE PURPOSE OF - .
CONSTRUCTING NEW PUBLIC RESTURANTS (PIERSIDE PROJECT) , ADDITIONAL
PUBLIC OPEN SPACE, PUBLIC PARKING FACILITIES, AND PUBLIC ACCESS
TO THE BEACH
Thank you for preparing the RCA for the JULY 1 meeting on this
subject. Please let me know if you need any additional
assistance.
QZ4 �,. 1
Ray Silver
cc: City Attorney
Deputy City Administrator/Economic Development
Director of Community Development
Director of Public Works
i
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
Shall the City of Huntington Beach be given authority to
lease a city owned beach front parcel bounded by Pacific
Coast Highway, existing Beach Service Road, Municipal Pier
and First Street (presently used as a restaurant, beach
concessions and parking lot) for the purpose of
constructing new and additional restaurants (Pierside
Project) , in conjunction with a parking structure?
Said proposition is presented to the voters in accordance
with City Charter Section 612 — Public Utilities and Parks
and Beaches.
0991I
(Telephone:714536-5227)
U-10CITY OF HUNTINGTON BEACH
Ve" 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
Shall the City of Huntington Beach be given authority to
lease a city owned beach front parcel bounded by Pacific
Coast Highway, existing Beach Service Road, Municipal Pier
and First Street (presently used as a restaurant, beach
concessions and parking lot) for the purpose of
constructing new and additional restaurants (Pierside
Project) , in conjunction with a parking structure?
Said proposition is presented to the voters in accordance
with City Charter S.612 — Public Utilities and Parks and
Beaches as such construction is on city beach, exceeds
3,000 square feet in floor area and costs more than
$100,000.
0991I
1 Telephone:714-536-5227)
- ' ' REQUEST FOR CITY COUNCIL ACTION
Date July 15, 1991
Su—nitted to: Honorable Mayor and City Councilmembers
Submitted by: Michael Uberuaga, City Administrator
Connie Brockway, City Clerk
Prepared by: Connie Brockway, City Clerk
Subject: SPECIAL MUNICIPAL ELECTION RESOLUTIONS — NOVEM 3ER 5, 1991 —
PIERSIDE RESTAURANTS PROJECT
Consistent with Council Policy? ( ] Yes ( ] New Policy or Exception Res #6301
Res #6302
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Transmitted for adoption by the City Council are resolutions calling the November 5, 1991
Special Municipal Election and requesting the Orange County Board of Supervisors to
consolidate elections with the county. Developer of Pierside Restaurants to pay one—half of the
$100,000 approximate cost of said election.
RECOMMENDATION:
Adopt: 1. Resolution No. 6301 — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH ORDERING, CALLING, PROVIDING FOR AND GIVING
NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5,
1991, FOR THE PURPOSE OF SUBMITTING ,TO THE QUALIFIED VOTERS OF
SAID CITY A PROPOSITION AS TO WHETHER THE CITY SHALL BE GIVEN THE
AUTHORITY TO LEASE CITY OWNED .PROPERTY ON THE OCEAN SIDE OF
PACIFIC COAST HIGHWAY, BORDERED BY THE EXISTING BEACH SERVICE
ROAD, MUNICIPAL PIER AND FIRST STREET."
AND
2. Resolution No. 6302 — "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 SPECIAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 5, 1991, WITH THE UNIFORM DISTRICTS
ELECTIONS TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF
THE ELECTIONS CODE."
ANALYSIS:
The City Charter mandates that city elections be held according to the State Elections Code.
These resolutions comply with the state code and must be adopted to implement the November
Sw 1991 election relative to proposed Pierside Project.
FUNDING SOURCE:
Total election costs of approximately $100,000 to be equally shared by the City and Stanley
Bloom, Developer of Pierside Restaurants. Election Account No. E—AA—CK-141-2-21-00
ATTACHMENTS:
Memo dated 6/20/91 from City Attorney
Resolution No. 6301 with project description it
Resolution No. 6302
PIO 4184
I, to CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Ray Silver From Gail Hutton
Assistant City Administrator City Attorney
Subject Pier Area Projects Date June 20 , 1991
At the City Council meeting of May 28, 1991, the Council
requested that the City Attorney review the two staff-defined
scenarios for the development of the pier area and determine if
either scenario contains projects which should be placed on the
ballot for public vote. The development scenarios include six
projects, including (1) the pier, (2) pier plaza, (3) pierside
restaurants , (4) pier buildings , (5) parking lots , and
(6) relocation of Maxwells .
Measure C (Charter Section 612) requires the consent of the
electorate prior to any lease or construction of significant
dimensions in parks or beaches . Although the pierside property
is neither park nor beach, as discussed in our previous
opinions, this site does appear to be within the contemplation
of the electorate in passing Measure C.
Pierside Project & Pier Plaza .
We have previously determined that the leasing of any of the
property within the pierside project for commercial purposes
would require a vote of the people under Measure C. Any
construction exceeding the threshold requirements of Measure C,
which are buildings over 3 , 000 square feet or structures costing
more than $100, 000 would require a vote of the people if they
are to be placed upon the pierside property or pier plaza . This
would include both new restaurants and relocation of Maxwell ' s
to a different site. We are currently in the process of
drafting the ballot language that would authorize leasing of the
pierside project and development for restaurants , public access
to the beach and tidelands , and parking . It would seem that
this authorization would allow the uses proposed by the two
scenarios .
Maxwell ' s Site .
The lot on which Maxwell ' s is currently located is a separate
parcel . The existing long-term lease for restaurant use of that
site is not subject to Measure C because the lease was entered
into prior to Measure C' s effective date.
AV
Ray Silver
June 20 , 1991
Page 2
Parking Lots Northwest of Pier .
We have previously addressed the issue of parking northwest of
the pier and have determined that Measure C does not apply since
the proposed parking is neither on the beach nor in a park.
Pier.
Piers are expressly exempted from Measure C.
Pier Buildings .
Insofar as pier buildings are concerned, it is our opinion that
these are not subject to Measure C since they are on the pier,
which is exempted, and not on a park or beach, and are subject
to the lease the city holds with the State Lands Commission.
Parking Lots Southeast of Pier.
We cannot determine from the materials supplied what the
location is of any proposed south beach parking area
improvements . Of course, if this includes the pierside site,
the consent of the electorate is required and we are in the
process of setting the issue on the ballot . As to other areas ,
since Measure C only applies to parkland and beach, the public
vote requirement would only be required for such property.
We trust this answers the questions raised by you and by the
Council and would be pleased to address any further issues upon
request .
4-,, -a 4
Gail Hutton
City Attorney
cc: Honorable Peter Green, Mayor, and
Members of the City Council
Michael Uberuaga, City Administrator
Michael Adams , Director of Community Development
Ref : RLS 91-354
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ORDERING, CALLING, PROVIDING FOR
AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON NOVEMBER 5, 1991, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A
PROPOSITION AS TO WHETHER THE CITY SHALL BE GIVEN
THE AUTHORITY TO LEASE CITY OWNED PROPERTY ON THE OCEAN
SIDE OF PACIFIC COAST HIGHWAY, BORDERED BY THE EXISTING
BEACH SERVICE ROAD, MUNICIPAL PIER AND FIRST STREET.
The City Council of the City of Huntington Beach does hereby
resolve, declare, determine and order as follows :
SECTION 1. That pursuant to the requirements of the
Charter there is hereby called and ordered to be held in the
City of Huntington Beach on Tuesday, November 5, 1991 a special
municipal election for the purpose of submitting to the
qualified voters of said city as required by Section 612 of the
City Charter, a proposition, which shall appear on the ballots
to be used at said special election in addition to any other
matter required by law.
SECTION 2 . That the City Council, pursuant to City
Charter, Section 612, does order submitted to the voters at the
Special Municipal Election the following question:
1
PROPOSITION
Shall the City of Huntington Beach have authority to
lease to the Redevelopment Agency of the City of
Huntington Beach city owned property located on the Yes
ocean side of Pacific Coast Highway, bordered by the
existing Beach Service Road, Municipal Pier and First
Street and presently used for a restaurant (Maxwell ' s) ,
beach concessions and parking, for the purpose of
replacing the existing restaurant with a new restaurant ;
constructing two additional buildings for restaurants
and beach concessions, constructing public accessways, No
and constructing a subterranean parking structure
(Pierside Restaurants Project)?
SECTION 3 . That the proposed proposition submitted to
voters is attached as Exhibit "A. "
SECTION 4 . That the ballots to be used at the election
shall be in form and content as required by law.
SECTION 5 . That the City Clerk is authorized, instructed
and directed to procure and furnish any and all official
ballots, notices , printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
SECTION 6 . 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, except as
provided in Section 14301 of the Elections Code of the State of
California .
SECTION 7 . That in all particulars not recited in this
resolution, the election shall be held and conducted as provided /
by law for holding municipal elections .
2
SECTION 8 . 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 9 . That the City Clerk shall certify to the
passage and adoption of this resolution and enter it into the
book of original resolutions .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
day of 1991.
Mayor
ATTEST: APPROVED AS T FORM:
City Clerk _ City Attorney
R D AND APP ED• INITIATED AND APPROVED:
City Administrator Director of
Economic Development
IZ-
\ 3
7/91
E X+4181 T f1
PIERSIDE RESTAURANTS PROJECT DESCRIPTION
Location -
The project consists of a multi-level restaurant project located on the ocean side of
Pacific Coast Highway, bounded by the existing Beach Service Road, Municipal Pier, and
First Street. The improvements would be constructed within the footprint of the existing
improvements, Maxwell's Restaurant, and the asphalt parking. The lifeguard station and
beach access road/bike path will remain in their present locations.
Restaurants & Leaseable Space -
The project would consist of a 48,522 square foot restaurant complex contained within
three separate buildings. The buildings to be included in the project shall be of
approximately the following sizes (in square feet):
Plaza Level Square Footage
Building "A" (Maxwell's):
1st Level 11,200
2nd Level 3,800
15,000 15,000
Building "B"
1 st Level 8,700
2nd Level 2.300
11,000 11,000
Building "C"
1st Level 8,650
2nd Level 5.350
14,000 14.000
Total Plaza Level 40.000
Beach Access Square Footage
Dwight's 2,500
Cafe 5,750
Beach Concession 272
Total Beach Access Level 8.522
PROJECT TOTAL 48.522
Plazas & Promenades
The project provides for two major public plazas on the upper level and a series of plazas
and promenades on the lower level totaling approximately 78,000 square feet.
Parking —
The parking structure shall contain approximately 361 commercial spaces and no less than
193 and no more than 250 public spaces.
Access —
The project shall be designed so that pedestrians will be able to enter the project site
through the signalized intersections at Main and Lake Streets. Elevators, and ramps at all
level changes, shall be provided for full handicap access throughout the project and down
to the beach. Grand staircases from the plaza level to the beach access level shall also be
provided for access and to act as observation and sitting areas.
Z N J
PACIFIC COAST HIGHWAY
r—
_y_ \..•.a••..• u.•.u..•a \..•.a....•
HJ
.. 111111 111111FRTM
1...
BUILDING A ,•\•I!i BUII06G/0 I �BUILDING C ��yy
I. � I\ " •I 1 .r. .1. 1 C
PIER , `
SYMBOL IEGENO PARKING TABULATION P L If Z l LEVEL .�
•woW Kp Hu\1•IaN U•.w •ft"A%fvv =.. ». . w
—aa o•
.•.aa1.Y Ns. \OhA\f•aV
' III O(tMAM•
PIER SIDE REST,4UR ,4NT DEVELOPMENT , cza
It.
Pi
� '9
RESOLUTION NO. �
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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 5, 1991, WITH THE UNIFORM DISTRICTS
ELECTIONS TO BE HELD ON THE DATE PURSUANT TO
SECTION 23302 OF THE ELECTIONS CODE.
WHEREAS, the City Council of the City of Huntington Beach
called a Special Municipal Election to be held November 5, 1991
for the purpose of submitting to the voters the question
relating to the proposed Pierside Restaurants , and
It is desirable that the Special Municipal Election be
consolidated with the Uniform District Elections to be held on
the same date and that within the City, the precincts , polling
places and election officers be -designated by the County, and
that the County Election Department of the County of Orange
canvass the returns of the Special 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 resolve, declare, determine and order as follows :
SECTION 1. That pursuant to the requirements of the
Section 23302 of the Elections Code, the Board of Supervisors of
the County of Orange is hereby requested to consent and agree to
the consolidation of a Special Municipal Election with the
�O
1
Uniform Districts Election on Tuesday, November 5, 1991 for the
purpose of submitting to the qualified voters of the City of
Huntington Beach as required by Section 612 of the City Charter,
a proposition to appear on the ballot as follows :
PROPOSITION
Shall the City of Huntington Beach have authority to
lease to the Redevelopment, Agency of the City of
Huntington Beach city owned property located on the Yes
ocean side of Pacific Coast Highway, bordered by the
existing Beach Service Road, Municipal Pier and First
Street and presently used for a restaurant (Maxwell ' s) ,
beach concessions and parking, for the purpose of
replacing the existing restaurant with a new restaurant;
constructing two additional buildings for restaurants
and beach concessions, constructing public accessways, No
and constructing a subterranean parking structure
(Pierside Restaurants Project)?
SECTION 2 . That the county election department is
authorized to canvass the returns of the Special Municipal
Election. The election shall be held in all respects as if
there were only one election, and only one form of ballot shall
be used.
SECTION 3 . That the Board of Supervisors is requested to
issue instructions to the county election department to take any
and all steps necessary for the holding of the consolidated
election.
SECTION 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 \p�
G 1
2 `
Supervisors and the county election department of 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
day of 1991 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney xz n�-
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Director of
Economic Development
tv
` 3
REQUEST FOR CITY COUNCIL ACTION
Date July 15, 1991
Submitted to: Honorable Mayor and City Councilmembers
Submitted by: Connie Brockway, City Clerk
Prepared by: Connie Brockway, City Clerk
RESOLUTION SETTING PRIORITIES FOR WRITTEN ARGUMENT REGARDING CITY
Subject: PROPOSITION AND DIRECTING ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS -
NOVEMBER 5, 1991 SPECIAL ELECTION - PIERSIDE RESTAURANTS PROJECT
Consistent with Council Policy? ( ] Yes ( ] New Policy or Exception Res. #6303-
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE:
The City Council may adopt a resolution setting priorities for filing a written argument
regarding a proposed proposition to be placed on the November 5, 1991 ballot and may direct
the City Attorney to prepare an impartial analysis.
RECOMMENDATION:
(a) Prior to adopting Resolution -No. 6303 as written, the Council must name 1 to 5
Councilmembers to submit the written argument. Adopt Resolution No. 6303 - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING
A CITY PROPOSITION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS."
QR
(b) Alternative Action: Council may adopt Resolution No. 6303 deleting Section No. 1
and choose not to authorize Councilmembers to file an argument whereby the City Clerk
shall select an argument pursuant to priority set by the State Elections Code
The Council may adopt Resolution No. 6303 deleting Section No. 2 which directs the City
Attorney to prepare an impartial analysis.
ANALYSIS:
The City Charter mandates that city elections be held pursuant to the State Elections Code.
The Elections Code provides that Council may authorize members of its body to file a written
argument regarding a city measure to be signed by no less than one or more than five of its
members. The Council may also direct the City Attorney to prepare an impartial analysis.
FUNDING SOURCE:
Elections Account No. E-AA-CK-141-2-21-00 - 1991-92 Budget.
1
Page 2 (2)
ALTERNATIVE ACTIONS:
Council may choose not to adopt said resolution authorizing its members to file an argument
whereby the City Clerk shall select an argument pursuant to S. 5016 of the Elections Code.
Also, the City Council may choose not to direct the City Attorney to prepare an impartial
analysis.
ATTACHMENTS:
Resolution No. 6303
Elections Code Sections 5010, 5011, 5013, 5016
Resolution No. 4604 adopted 3/13/78 — Perpetual resolution which provides for the filing of
rebuttal arguments.
\ 1079K
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A
WRITTEN ARGUMENT REGARDING A CITY PROPOSITION
AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a Special Municipal Election is to be held in the
City of Huntington Beach, California, on November 5, 1991, at
which there will be submitted to the voters the following
proposition:
PROPOSITION
Shall the City of Huntington Beach have authority to
lease to the Redevelopment Agency of the City of
Huntington Beach city owned property located on the Yes
ocean side of Pacific Coast Highway, bordered by the
existing Beach Service Road, Municipal Pier and First
Street and presently used for a restaurant (Maxwell ' s) ,
beach concessions and parking, for the purpose of
replacing the existing restaurant with a new restaurant;
constructing two additional buildings for restaurants
and beach concessions, constructing public accessways , No
and constructing a subterranean parking structure
(Pierside Restaurants Project)?
NOW, THEREFORE, the City Council of the City of Huntington
Beach, California, does resolve, declare, determine and order as
follows :
3
1
SECTION 1 . The City Council authorizes
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
members of that body, to file a written argument regarding the
City proposition as specified above in accordance with Article
4 , Chapter 3 , Division 5 of the Elections Code of the State of
California and to change the argument until and including the
date fixed by the City Clerk after which no arguments for or
against the City proposition may be submitted to the City Clerk.
SECTION 2 . That the City Council directs the City Clerk
to transmit a copy of the proposition 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 proposition showing the effect of the
proposition on the existing law and the operation of the
proposition. If the proposition 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
2
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 1991.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk 7 ,City Attorney
RE EWED AND AP OVED: INITIATED AND APPROVED:
7L/5 r
City Adfnini trator Director of Economic
Development
7
3
Article 4.Arguments Conceming City Measures
5010. "City measure"definition.
As used in this article,"city measure" includes any proposed city charter,any
proposed amendment to a city charter,any proposition for the issuance of bonds
by the city,any advisory question,or any other question or proposition submitted
to the voters of a city.
(Amended by Slats. 1976,c.916,§2.)
SOIL City attorney to prepare impartial analysis.
Whenever any city measure qualifies for a place on the ballot, the governing
body may direct 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 governing
board may direct the city clerk 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 substan-
daily 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
elections official's office at(insert telephone number)and a copy will be mailed at
no cost to you." -
(Amended by Slats.1988,c.420,§3.)
5013. Written arguments.
The legislative body, or any member or members of the legislative body
authorized by that body, 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 clerk 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 heading of the first page,of the
printed arguments:
"Arguments in support or opposition of the proposed laws are the opinions of
the authors;"
The city clerk 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 those words used in Section 10010.
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
letteror number,if any,which designates the measure.At the discretion of the clerk,
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.
(Amended by S:ats.1983,c.812,§6.5.)
5016. Clerk 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 clerk within the time prescribed,the city clerk 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 clerk
shall give preference and priority 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 combination 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.
(Amended by Slats.1983,c.812,§7.)
RESOLUTION NO. 4604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, Section 5014 . 5 of the Elections Code of the
State of California (effective January 1, 1978 ) authorizes
the City Council, by majority vote , to adopt provisions to
provide for the filing of rebuttal arguments for city measures
submitted at municipal elections ;
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington
Beach, California, does hereby resolve , declare , determine and
order as follows :
SECTION 1 . That pursuant to Section 5014 . 5 of the Elections
Code of the State of California, if any, person submits an argu—
ment against a city measure , and an argument has been filed in
favor of the city measure , the City Clerk shall immediately send
copies of that argument to the persons filing the argument in
favor of the city measure . The persons filing the argument in
favor of the city measure may prepare and submit a rebuttal
argument not exceeding 250 words . The City- Clerk shall send
copies of the argument in favor of the measure to the persons
filing the argument against the city measure , who may prepare
and submit a rebuttal argument to the argument in favor of the
city measure not exceeding 250 words . The rebuttal arguments
shall be filed with the City Clerk not more than ten (10) days
after the final date for filing direct arguments . Rebuttal
arguments shall be printed in the same manner as the direct
arguments . Each rebuttal argument shall immediately follow the
direct argument which it seeks to rebut .
SECTION 2 . That the provisions of Section 1 shall apply
at the next ensuing municipal election and at each municipal
1
be 1 . n
election thereafter.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a/rldgOUITV meeting thereof held on the
th day of March, 1978 .
s-'- -:�4&
—
Mayor Pro Tempore
ATTEST: APPROVED AS TO FORM:
City Clerk City A ey
REVIEWED AND APPROVED: _.
�j
l , (�'L
t . City Administrator
2 .
Res. No.4604
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular adj,,,,,.,,p,� meeting thereof held on the 13th day
Of March 19 78 by the following vote:
AYES: Councilmen:
Rarttatt, Coen, Gibbs, Shenkman
NOES: Councilmen:
Siebert
ABSENT: Councilmen:
Wieder, Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
G\�
RESOLUTION NO . 6152
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND
GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 6, 1990, FOR THE ELECTION
OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS
OF THE CHARTER
WHEREAS, under the provisions of the Charter, a general
municipal election shall be held on November 6 , 1990, for the
election of municipal officers ; 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 Charter ,
there is called and ordered to be held in the City of Huntington
Beach, California , on Tuesday, November 6 , 1990 , a general
municipal election for the purpose of electing four Members of the
City Council for the full term of four years and a City Attorney
for the full term of four years .
SECTION 2 . That the ballots to be used at the election shall
be in form and content as required by law.
SECTION 3 . That the City Clerk is authorized , instructed and
directed to procure and furnish any and all official ballots ,
notices, printed matter and all supplies , equipment and
paraphernalia that may be necessary in order to properly and
lawfully conduct the election.
- 1 -
SECTION 4 . That the polls for the election shall be open at
seven o ' clock a .m. of the day of the election and shall remain open
continuously from that time until eight o 'clock p.m. of the same
day when the polls shall be closed, except as provided in Section
14301 of the Elections Code of the State of California .
SECTION 5 . That in all particulars not recited in this
resolution, the election shall be held and conducted as provided by
law for holding municipal elections .
SECTION 6 . That notice of the time and place of holding the
election is given and the City Clerk is authorized, instructed and
directed to give further or additional notice of the election, in
time, form and manner as required by law.
SECTION 7 . That the City Clerk shall certify to the passage
and adoption of this Resolution and enter it into the book of
original Resolutions .
PASSED, APPROVED AND ADOPTED ON June 4 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
Z�X�44dx*a� A��- t L
City Clerk City Attor ey
-3— -�re)
2 -
Res. No. 6152
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 4th day
of June 19 90 by the following vote:
AYES: Councilmembers:
MarAllister, Winchel1 Green. mays. Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
Lity Clerk and ex-offi4lo er
of the City Council of the City
of Huntington Beach, California
RESOLUTION NO. 6189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA, _
J . DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS RELATIVE TO THE PROPOSED CHARTER AMENDMENT
TO RESTRICT THE SALE, LEASE, EXCHANGE, AND DEVELOPMENT
OF CITY-OWNED OR OPERATED PARK AND BEACH LANDS
WHEREAS, a General Municipal Election is to be held in the City
of Huntington Beach, California, on November 6, 1990, at which there
will be submitted to the voters the following measure:
Should the City of Huntington Beach City
Charter be amended to require that no
City park or beach may be sold, leased,
exchanged or transferred or improved with YES
a golf course, driving range, road,
building over 3 , 000 square feet in floor
area, nor structure costing more than
$100 , 000 without the affirmative votes of NO
at least a majority of the total membership
of its City Council and of the electors
voting on such proposition at a general or
special election.
NOW, THEREFORE, THE CITY COUNCIL OF HUNTINGTON BEACH,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1 . That the City Council directs the City Clerk to
transmit a copy of the measure to the City Attorney, unless the
organization or salaries of the office of the City Attorney are
affected. The City Attorney shall prepare an impartial analysis of
the measure showing the effect of the measure on the existing law
-1-
and the operation of the measure. If the measure affects the
organization or salaries of the office of the City Attorney, the
City Clerk shall prepare the impartial analysis . The impartial
analysis shall be filed by the date set by the City Clerk for the
filing of primary arguments .
SECTION 2 . That the City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of original
resolutions .
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 16th day
Of July 1990 .
Mayor
ATTEST: APPROVED AS TO FORM:
1;/ ��'.4 1(111"Z//v
City Clerk Cj� Attorney 7-►'1
REVIEWED AND APPROVED:
City Administ ator
-2-
1
Res. No. 6189
STATE OF CALIFORNIA
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 16th day
of July 19 90 by the following vote:
AYES: Councilmembers:
MacAllister, Winchell , Green, Mays, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Bannister out of room
City Clerk and ex-o i -10 er
of the City Council of the City
of Huntington Beach, California
NOTICE OF GENERAL MUNICIPAL ELECTION/
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that a General Municipal Election will
be held in the City of Huntington Beach consolidated with the
General Election on Tuesday, November 6, 1990, for the following
Officers and Measures .
OFFICERS
For four (4) Members of the City Council --
(Full term of 4 years)
For a City Attorney -- (Full term of 4 years)
If no one or only one person is nominated for an elective
office, appointment to the elective office may be made as
prescribed by Section 22843 .5 or 22844 , Elections Code of the
State of California.
MEASURE C TITLE: A CHARTER AMENDMENT TO RESTRICT THE
SALE, LEASE, EXCHANGE AND DEVELOPMENT OF CITY-OWNED OR OPERATED
PARK AND BEACH LANDS.
MEASURE _Ce_ SUMMARY: :
This proposed ballot measure would amend section 612 of the
City Charter to impose a restriction on the disposition and use
of park and beach lands of the City.
- 1 -
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
Fifl
HUNTINGTON BEACH
To Connie Brockway From Robert Sangster
City Clerk Acting City Attorney
Subject Reimbursement for Date July 12, 1991
Election Costs
You have inquired whether Elections Code § 10003 poses a problem
if a developer participates in the election costs . The answer
is no. That code section merely says that the city is
responsible for paying costs of elections . Certainly it does
not preclude reimbursement of city' s expenses from developers or
other source .
Robert Sangst
Acting City Attorney
o'
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Gail Hutton From Connie Brockway
City Attorney City Clerk
Subject Election Costs Date July 11, 1991
Please inform me if Section 10003 of the Elections Code (attached) would pose a problem
as it pertains to the developer participation in election costs.
0994K
Chapter 1.Preparation and Distribution of Ballots;Election Expenses 10003.
DIVISION 8. BALLOTS
Chapter 1.Preparation and Distribution of Ballots;Election Expenses
10000. Expenses paid from county treasuries.
All expenses, authorized and necessarily incurred in the preparation for and
conduct of elections as provided in this code,shall be paid from the several county
treasuries,except that when an election is called by the governing body of.a city,
the expenses shall be paid from the treasury of the city.All payments shall be made
in the same manner as other county or city expenditures are made. The clerk,in
providing the materials required by this division,need not utilize the services of
the county or city purchasing agent.
(Amended by Stats.1975,c.1158,§4.)
10001. Ballot paper watermark.
All ballot paper and punchcards used by any jurisdiction holding an election
pursuant to the laws of California,shall be tinted and watermarked or overprinted
with a design, to be furnished by the Secretary of State,so that the watermark or
overprint shall be plainly discernible.
(Amended by Stats.1980,c.963,§2.)
10001.5. Secretary of State to supply ballot paper.
The Secretary of State shall obtain and keep on hand a sufficient supply of tinted
ballot paper, and shall obtain and keep on hand a backup supply of tinted
punchcards,to be furnished,in quantities ordered,to any jurisdiction holding an
election pursuant to the laws of California,upon payment of the cost of the ballot
paper or punchcards.
(Amended by Stats.1980,c.963,§I.)
10002. Regulations governing punchcard manufacture,distribution and -
inventory.
The Secretary of State shall adopt regulations governing the manufacture,
distribution, and inventory control of punchcards and requiring the periodic
inspection of the manufacturing and storage facilities involving punchcards.The
Secretary of State shall also approve each punchcard manufacturer prior to a
manufacturer providing punchcards for use in California elections.
(Added by Stats.1980,c.963,§2.5.)
10002-5. Punchcard purchasing procedures.
Before any user may purchase punchcards, the user shall request in writing a
release for a specific quantity of such punchcards from the Secretary of State.If the
request is in order,the Secretary of State shall then issue a written release for that
quantity to the manufacturer,or to the authorized warehouse,and to the user.The
format,text,and use of the request and release shall be governed by regulations
adopted by the Secretary of State.
Nothing in this section shall be construed to prohibit a verbal request or verbal
release provided that such verbal request or verbal release is immediately con-
firmed in writing. The regulations shall expressly deny the manufacturing of
punchcards without a specific release.
(Added by Stats.1980,c.963,§3.)
10003. Authorization for storing unused ballot paper,destruction of unused
ballot paper.
No user,vendor,or manufacturer shall warehouse for a subsequent election any
ballot paper or punchcards furnished or released by the Secretary of State for a
283 1991
/ 1
i� L TY OF 1-IUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 13, 1990
Rosalyn Lever
Assistant Registrar of Voters
P.O. Box 11298
Santa Ana, CA 92711
Dear Roz,
Would you please inform me of the deadline dates of
your office for:
1. The City's request for consolidation.
2. Arguments and Rebuttals,
and anything else I should know that i.s required
of me by the Registrar.
Sincerely,
` -L
Connie Brockway, CMC
City Clerk
CB:pm
(Telephone: 714-536-5227)
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Connie Brockway From Jim B. Engl
City Clerk Acting Dire t K
Community Se vices
Subject June ' 91 Special Election Date December 11 , 1990
Measure C
Thank you for the general information you provided yesterday
regarding the timeline and process for conducting a special
election to take park projects to the voters . I would appreciate
you following up with regard to getting a specific time table and
the sample resolutions that will be required. At this point in
time, I anticipate Council moving ahead at least with the youth
sports complex to put it on the June ' 91 ballot in a special
election.
Thank you, again, for your assistance.
JBE:cs
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Jim Engle From Connie Brockway
Acting Community Services Director City Clerk
Subject June 4, 1991 Election Date December 27, 1990
In order to conduct a timely election the Clerk's Office
has prepared the following procedure:
2/19/91 Resolutions Calling Election & Requesting County
to Conduct Election - Arguments & Rebutals - Impartial
Analysis
3/01/91 Last Day to File Direct Arguments
3/11/91 Last Day to File Rebutal Arguments
3/09/91 Clerk Publishes Notice of Election
3/16/91 Clerk Publishes Notice of Measure - Polling Location Hours
Purpose of Election
4/25/91 Last Day to File Campaign Statements
5/06/91 Last Day to Register to Vote
5/06/91 Voters May P.equest Absentee Ballots
to
5/28/91
5/23/91 Last Day to File Campaign Expenditure Statements
6/04/91 Election Day
7/31/91 Last Day to File Campaign Expenditure Statements
I am preparing the resolutions for the City Attorney to approve,
and will forward the drafts to you as soon as possible.
CB:pm
CC: City Council
Michael Uberuaga, City Administrator
RESOLUTION NO . 4604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH, CALIFORNIA PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, Section 5014 . 5 of the Elections Code of the
State of California (effective January 1, 1978 ) authorizes
the City Council, by majority vote , to adopt provisions to
provide for the filing of rebuttal arguments for city measures
submitted at municipal elections ;
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington
Beach, California, does hereby resolve , declare , determine and
order as follows :
SECTION 1 . That pursuant to Section 5014 . 5 of the Elections
V Code of the State of California, if any person submits an argu-
ment against a city measure , and an argument has been filed in
favor of the city measure , the City Clerk shall immediately send
copies of that argument to the persons filing the argument in
favor of the city measure . The persons filing the argument in
favor' of the city measure may prepare and submit a rebuttal
argument not exceeding 250 words . The City Clerk shall send
copies of the argument in favor of the measure to the persons
filing the argument against the city measure , who may prepare
and submit a rebuttal argument to the argument in favor of the
city measure not exceeding 250 words . The rebuttal arguments
shall be filed with the City Clerk not more than ten (10 ) days
after the final date for filing direct arguments . Rebuttal
arguments shall be printed in the same manner as the direct
arguments . Each rebuttal argument shall immediately follow the
direct argument which it seeks to rebut .
t= ,:1 SECTION 2 . That the provisions of Section 1 shall apply
at the next ensuing municipal election and at each municipal
be 1 .
• s
election thereafter.
PASSED AND ADOPTED by the City Council of the City of
ad'ou ned
Huntington Beach at a/regular meeting thereof held on the
th day of March, 1978 .
Mayor Pro Tempore
ATTEST : APPROVED AS TO FORM:
City Clerk City A ey
REVIEWED AND APPROVED:
l
t ' City Administrator
r.
2 .
Res. No.4604
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as:
CITY OF HUNTINGTON BEACH )
: l
I, ALICIA M. WENTWORTH, 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 more than a majority of all the members of said City Council
at a regular add n„rnarl meeting thereof held on the 13th day
Of March , 19 78 by the following vote:
AYES: Councilmen:
Bartlett, Coen, Gibbs, Shenkman
NOES: Councilmen:
Siebert
ABSENT: Councilmen:
Wieder, Pattinson
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
•
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To Michael T. Uberuaga From Jim B. Engle
City Administrator Acting Direct
Community Services
Subject Council Follow-Up #90-144 Date December 14, 1990
HCP Youth Sports Complex
Councilman MacAllister requested a report on the impact of
Measure C on the youth sports complex and, if necessary, the
process to take this project to the voters in June of 1991 .
I have yet to receive the in-depth analysis from the City
Attorney' s Office. Attached are preliminary reports from the
Attorney' s Office dated September 14 and December 14. A major
issue of Measure C relates to a structure costing more than
$100, 000. This issue potentially impacts the youth sports
complex in the following circumstances: (1 ) if a single
structure, such as a light pole, costs less than $100,000, but
the sports field lighting costs more than $100,000; (2) a
backstop is a structure that costs less than $100,000, but an
entire baseball field could cost more than $100.000; and, ( 3) a
snack bar can possibly be built for less than $100, 000, but the
entire youth sports complex costs more than $100, 000. If Measure
C applies to any one of these issues, the project must go to the
voters in an election.
If it is necessary to go to the voters with this project, the
earliest we could hold a special election would be June 4, 1991.
An alternative date would be November 5, 1991. The City Clerk
indicates that it will cost $1 per registered voter, which totals
approximately $100,000 for the special election. The process
begins with Council adoption of the necessary resolutions in
February to- put the project on the ballot. Then there are
resolutions with arguments for and against and the rebuttals.
Connie Brockway is in the process of getting the necessary sample
resolutions and providing a specific time table.
We have several other park projects that are being analyzed by
the City Attorney' s Office. I would recommend that we include
those projects on the ballot, if necessary, plus any other
projects we have on the park acquisition and development capital
improvement projects budget that could be developed on or before
June, 1992 . This would also be an opportunity to take any beach
related projects to the voters, such as the rest rooms, Pierside
Village, and Pier Plaza. Ultimately, we will have to do an in-
depth analysis of future park and beach needs and take these to
the voters at the regular June or November, 1992 election.
December 14 , 1990 Page Two
Since I do not have a definitive date from the City Attorney or
Mr. Sangster as to when the in-depth analysis will be
forthcoming, I am proceeding with preparations to take the
outdoor youth sports complex to the voters in a special election.
JBE:cs
cc: Connie Brockway, City Clerk
Gail Hutton, City Attorney
Robert Sangster, Deputy City Attorney
CITY OF HUNTINGTON BEACH
White City Attorney
REQUEST FOR LEGAL SERVICES Canary city Attorney
Pink City Attorney
Goldenrod Department
HUNTINGTON BEACH
Date Request Made By Department
12/14/90 Connie Brockway City Clerk
INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney. Out-
line briefly reasons for the request.Attach all information and exhibits pertinent to the subject.
Type of Legal Service Requested:
[ ] Ordinance [ ] Insurance [X] Other
[ l Resolution [ ] Bonds
[ ] Contract/Agreement [ 1 Opinion
Is form for preparation of Contract attached? [ I yes [ ] no
All Exhibits must be attached or this request will be returned. [ ] Exhibits attached
If for Council Action, If not for Council action,desired completion date Signature:
Agenda deadline ASAP
Council meeting
Please advise if Resolution No. 4604 can be used for a
Special Municipal ,Election which the Council wants held
on 6-4-91.
This resolution has been used to allow rebuttal arguments
since 1978. However. I need to know if it can apply at
a Special Election.
Attachments: Election Code 5014.5
Res. No. 4604
CITY ATTORNEY ' S OFFICE USE ONLY:
This Request for Legal Services has been assigned to 103 SANnSTUR ,
on ?.'_/1 /'�'� for handling. His or her secretary Sarai_ anp
can be reached at s�33
The Control Number assigned to this request is : RLS 9`,1-J318
please reference this number when making any inquiries.
Date Completed:
0
�',J
CITY OF HUNTINGTON BEACH
REQUEST FOR LEGAL SERVICES Cateite nary city Attorney
Pink CRY Attorney
Goldenrod Department
H UNTINGTON BEACH
Date Request Made By Department
12/14/90 Connie Brockway City Clerk
INSTRUCTIONS: File request in the City Attorney's Office as soon as possible. Print or type facts necessary for City Attorney. Out-
line briefly reasons for the request. Attach all information and exhibits pertinent to the subject.
Type of Legal Service Requested:
[ ] Ordinance [ ] Insurance [X] Other
[ ] Resolution [ ] Bonds
[ ] Contract/Agreement [ I Opinion
Is form for preparation of Contract attached? [ ] yes [ ] no
All Exhibits must be attached or this request will be returned. [ ] Exhibits attached
If for Council Action, If not for Council action,desired completion date Signature: `
Agenda deadline ASAP
Council meeting
Please advise if Resolution No. 4604 can be used for a
Special Municipal Election which the Council wants held
on 6-4-91.
This resolution has been used to allow rebuttal arguments
since 1978. However, I need to know if it can apply at
a Special Election.
Attachments: Election Code 5014.5
Res. No. 4604
I
CITY ATTORNEY' S OFFICE USE ONLY:
This Request for Legal Services has been assigned to ,
on , for handling. His or her secretary ,
can be reached at
The Control Number assigned to this request is :
please reference this number when making any inquiries.
Date Completed:
5014.5. DIVISION 5. MEASURES SUBMITTED TO THE VOTERS
5,014.5. Rebuttal arguments.
(a)If any person submits an argument against a city measure,and an argument
has been filed in favor of the city measure,the clerk shall immediately send copies
of that argument to the persons filing the argument in favor of the city measure.
The persons filing the argument in favor of the city measure may prepare and
submit a rebuttal argument not exceeding 250 words.The clerk shall send copies
of the argument in favor of the measure to the persons filing the argument against
the city measure,who may prepare and submit a rebuttal to the argument in favor
of the city measure not exceeding 250 words.The rebuttal arguments shall be filed
with the clerk not more than 10 days after the final date for filing direct arguments.
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argumentshall immediately follow the direct argument which itseeks
to rebut.
(b)The provisions of subdivision (a)shall only apply if,not later than the day
on which the legislative body calls an election,the legislative body,by a majority
vote, adopts its provisions; in which case, the provisions of subdivision (a) shall
apply at the next ensuing municipal election and at each municipal election there-
after,unless later repealed by the legislative body in accord with the procedures of
this subdivision.
(Added by Stats.1977,c.701,§2.)
5015. Final date for arguments.
1 Based on the time reasonably necessary to prepare and print the arguments and
sample ballots and to permit the 10-calendar-day public examination as provided
in Article 6(commencing with Section 5025)for the particular election,the city clerk
shall fix and determine a reasonable date prior to the election after which no
arguments for or against any city measure may be submitted for printing and
distribution to the voters as provided in this article.Arguments may be changed or
withdrawn by their proponents until and including the date fixed by the city clerk.
(Amended by Stats.1981,c. 1114,§10.)
5016. Clerk 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 clerk within the time prescribed,the city clerk 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 clerk
shall give preference and priority 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 combination 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.
(Amended by Stats.1983,c.812,§7.) )
Article 5.Mailings
5020. One copy of official material per household.
Whenever the clerk is required to mail official matter,as provided in Sections
4015,4015.5,4018,5011,5012,5013,and 5014.5,only one copy of each such official
matter shall be mailed to a postal address where two or more registered voters have
the same surname and the same postal address.
j 1990 112
I
RESOLUTION NO . 4604
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUN`1'INGTON BEACH, CALIFORNIA PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS , Section 5014 . 5 of the Elections Code of the
State of California (effective January 1 , 1978 ) authorizes
the City Council , by majority vote , to adopt provisions to
provide for the filing of rebuttal arguments for city measures
submitted at municipal. elections ;
NOW, TI1711 'ORE, THE CITY COUNCIL of the City of Huntington
Beach, California, does hereby resolve , declare , determine and
order as follows :
SECTIOAI 1 . That pursuant to Section 501LI . 5 of the Elections
Code of the State of California , if any person submits an argu-
ment against a city measure , and an argument has been filed in
favor of the city measure , the City Clerk shall immediately send
copies of that argument to the persons filing the argument in
favor of the city measure . The persons filing the argument in
favor of the city measure may prepare and submit a rebuttal
argument not exceeding 250 words . The City Clerk shall send
copies of the argument .in favor of the measure to the persons
filing the argument against the city measure , who riia�y prepare
and submit a rebuttal argument to the argument in fa�lor of the.
city measure not exceeding 250 words . The rebuttal arguments
shall be filed with the City Clerk not more than ten ( 1.0 ) days
after the final date for filing direct arguments . Rebuttal
arguments shall be printed in the same manner as the direct
arguments . Each .rebuttal argument shall immediately follow the
direct argument which it seeks to rebut .
++ SECTION 2 . That the provisions of Section 1 shall apply
at the next ensuing municipal election and at each municipal
be 1 .
election thereafter .
PASSED AND ADOPTED by the City Council of the City of
addouined
Huntington Beach at a/r gu a r meeting thereof held on the
. th day of March, 1978 .
Mayor Pro Tempore
ATTEST : APPROVED AS TO FORM :
City Clerk City At
ey
-7
REV--[I-',WL L.1) AND APPROVED :
Ci'.-y Administrator
2 .