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Referendum Petition - Certificate of Sufficiency related to
L-3 CITY OF HUNTINGTON BEACH V�" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, do hereby certify that I caused to be destroyed the petitions entitled: "We, the undersigned, are duly registered and qualified voters of the City of Huntington Beach, County of Orange, and State of California...We hereby protest the adoption of Ordinance No. 3436 as adopted by the City Council of the City of Huntington Beach on MONDAY, OCTOBER 18, 1989, which purports to Amend the Redevelopment Plan for the Huntington Beach Redevelopment Project Area...We demand that Ordinance No. 3436 be reconsidered by the Huntington Beach City Council and repealed, or if not repealed, that Ordinance No. 3436 be submitted to a vote of THE PEOPLE OF HUNTINGTON BEACH at the next regular local election, or if desired by the City Council at a special election called for that purpose." The Referendum petitions were destroyed on NOVEMBER 9, 2000, in accordance with Elections Code §17200. Shred-It Mobile Paper Shredding and Recycling of Los Angeles destroyed the Referendum petitions. Date Connie Brockwa , CMC City Clerk Note: The ( adoption date noted above was typed in error. The correct date should be October 18, 1999. (Telephone:714536-5227) 99 Council/Agency Meeting Held: wga6.3� Deferred/Continued to: � QZIU&d4e_2 9 9/ O?o ty lerk's Signature Approved ❑ Conditionally Approved ❑ Denied Council Meeting Date: 14A00 �0C �NTXOD0�7"io Department ID Number: D-3 December 6, 1999 ('�ROFR�o /�,�s�ai� CK 99-09 A0 0 P7rb. / av 99 e,,;�6i)lxi/J1�eel, �-3 CITY OF UNTINGTON BEACH r/f-"Flg4o 465740V) 8RUe e P8 57n/A/� REQUEST FOR ACTION JZ�/iehJ �4-gse��, SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS SUBMITTED BY: CONNIE BROCKWAY, CITY CLERK PREPARED BY: CONNIE BROCKWAY, CITY CLERK SUBJECT: City Clerk's Certification of Results to City Council of Sufficiency of Referendum Petition Against an Ordinance Passed by the City Council (Ordinance No. 3436 Extending Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier Constituent Area of the Redevelopment Project Area) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Pursuant to State Elections Code S. 9114 the City Clerk's report of certification of sufficiency of referendum petition is submitted to the City Council. The County Registrar of Voters Certificate as to Verification of Signatures on Petition dated December 3, 1999 is submitted. Said certificate sets forth that said petition contains the requisite number of verified signatures having not less than 10%, causing the effective date of the ordinance to be suspended, and for the City Council to reconsider Ordinance No. 3436. The City Council may entirely repeal the ordinance against which the referendum petition is filed. The City Council may call a special election to submit Ordinance No. 3436 to the voters.(A call for special election at this meeting will meet the deadline to place the measure on the March 7, 2000 ballot. The Council may submit the ordinance at the next General Municipal Election on November 7, 2000. Funding Source: There is minimal cost for this measure to be placed on the currently scheduled March 7, 2000 Special Election or the November 7, 2000 General Municipal Election. i REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: Available Actions Pursuant to the State Elections Code (A) Repeal Ordinance No. 3436 in its entirety, against which the petition is filed, by approving introduction of Ordinance No. 3450 - "An Ordinance Of The City Of Huntington Beach Repealing Ordinance No. 3436. Said Ordinance Had Approved And Adopted An Amendment To The Redevelopment Plan For The Huntington Beach Redevelopment Project To Extend The Use Of Eminent Domain For Residential Property In A Limited Portion Of The Main-Pier Constituent Area Of The Project Area." Motion to: Approve introduction of Ordinance No. 3450 fter reading by title by the City Clerk. � 'o✓ED �NfRoG�2�wiDl�/ ` vee �u/��,� �R�eoFA/o 1 /h66 fa i n (13) Submit-Or aRGe-fro--3436-to-the voters-at-the-General-Municipal-E-lectkm-o.n -or_ (G) Submit 6-at-a-speeuaI-Friunieip4 eleetion ealled f9F the-pUFPese-A- aftieipal electien-will--require--adaptiGn--of the.follmwi,ng- -res,Q tion& o , g-Ard-6fwrtg-Rlotce-Of�f�e-✓{olding-�f-A-Spec-ill-M�rnisipah lection -aesd� , IF�areh886;-Ftr�-TMe-St� issier��-e- e-Qttatified-deters-T-k�e� eferendrim-Petitien-R-eWdirig-Whether-4rdinaR cee-N-e-34r36-Shall —Besorne--hbGt,ive S-Said-©rdinance Approves And-Adopts-AnAmen,dmentTe The —redevelopment Plan-For-The-Huntington-Beaek--Redevelopment- reject-'e=Ea�tand�.iae� 1-1-Re Of F=Mineat Domain FQ r-R�siden is n-Pier LThp_12rQj&G"r.&a_ Shall nrdennnre No 34115, Amending Ordinance Na 4.3-o opting-an--- A me developmemt-Ran for-the-Huntington - Redeveloprnent Project to-Extend-the-Use-of--Eminent imited-P-eFtien-ef-the-I\llai NO dam-_ CK99009 -2- 12/03/99 3:46 PM REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: " he-Gitj�Of-Hunten -lea , FI I Boat}f Supervisor-s=4F-The-C�oanty-eFerange--To pa]-Alec-tion-Te-Be-Held-On-A4al=ah-.-7,2000,-Mh The ion-To-Be-Held-On The=Dafe-Pursuant To-§10403-Of T=he etfing=:96orities #ar�n9-A-W r-g U AMP / e t RegaFdang A ity ...'ar'e;and-Mfect-ung- -+ity=A�ttgrM W© repave-FrrrpartraN g-1;446 tie�s-�carr�iling�Wr4tten�ent Regarrding-^A�it 7L7iry=Measurere - liil7 ej�--To-Prepare An-Impartial Analysis-' 8--Ad4apt-ResDtutaen-No:.-99-1.08-after aLtthe.Hzing-and=pa,mi-ngano=more=tom --Col insi member-s-tG-ftle-a-w,ri-ft-er4-argw-mx ent-in favor-of-the=proposed-ordinance! 'or b. Adept ReSGIutien No. 99-108 as amended, pj�y to diFeet the-. -a� G. npar-t-ef--Resafutican-Ne-9J 108-vvieh-Weald-rest-ie-rye' d-n.eUR.^ifr.aeFRbePs-tef ile-an-a rgufnent in faYGF. Analysis: The Referendum Petition Against an Ordinance Adopted by the City Council (Ordinance No. 3436 - An Ordinance Amending Ordinance No. 3343 Of The City Of Huntington Beach And Approving And Adopting An Amendment To The Redevelopment Project To Extend The Use Of Eminent Domain For Residential Property In A Limited Portion Of The Main-Pier Constituent Area Of The Project Area has qualified for submission to the voters. Environmental Status: N/A Attachments City Clerk's Page Number No. Description 1 1. State Elections Code-Article 2 Referendum 2. State of California Elections Code Section 13119 3. Certificate as to Verification of Signatures by Registrar of Voters 4. Ordinance No. 3450 33 ;1I7i33�1 - 5. Resolution Nos. 106, 107 and 108 RCA Author: Connie Brockway, City Clerk CK99009 -3- 12/03/99 3:46 PM H. ts. INDEPENDENT PUBLISH DATE: 12/30/99 CITY OF HUNTINGTON BEACH LEGAL NOTICE ORDINANCE NO. 3450 Adopted by the City Council on 12/20/99 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ORDINANCE NO. 3436. SAID ORDINANCE HAD APPROVED AND ADOPTED AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN-PIER CONSTITUENT AREA OF THE PROJECT AREA. SYNOPSIS: WHEREAS, the City Council of the City of Huntington Beach on October 18, 1999, adopted Ordinance No. 3436 amending Ordinance No. 3343 of the City of Huntington Beach and approving and adopting an amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to extend the use of Eminent Domain for residential property in a limited portion of the Main-Pier constituent area of the project area; and The ordinance was published as required by City Charter; and Pursuant to authority provided by Division 9, Chapter 3, Article 2 (commencing at § 9235) of the Elections Code of the State of California, a petition has been filed with the legislative body of the City of Huntington Beach signed by more than ten percent of the registered voters of the City to repeal the ordinance or submit it to a vote of the voters; and The City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and The City Council is authorized pursuant to Election Code Section 9241 to repeal the ordinance or submit it to the voters; NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does ordain that Ordinance No. 3436 (on file in the Office of the City Clerk) is repealed. ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held Monday, December 20, 1999, by the following roll call vote: AYES: Councilmembers: Green, Dettloff, Harman, Sullivan NOES: Councilmembers: None ABSTAINED: Councilmembers: Garofalo, Bauer ABSENT: Councilmembers: Julien This ordinance is effective 30 days from date of adoption. CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH,CA 92647 536-5227 gA.synopsis\syn3450 ATTACHMENT 1 Chapter 3. Municipal Elections 9236. 9225. Conditions for special election; consolidation with regular election. When a special election is to be called under this article, it shall be held not less than 88 nor more than 103 days after the date of the presentation of the proposed ordinance to the legislative body, and shall be held in accor- dance with this code.To avoid holding more than one special election within any 180-day period, the date for holding the special election may be fixed later than 103 days,but at as early a date as practicable after the expiration of 180 days from the last special election. When it is legally possible to hold a special election under this chapter within 180 days prior to a fegtLIar matn;ci- pal election, the legislative body may submit t e proposed ordinance at the regular election instead of at a special election. (Amended by Stats. 1996,c. 1143,§45.5.) 9226. Scope of article. This article does not apply to any statewide initiative measure. (Added 171/Stats. 1994,c.920,§2.) -� Article 2.Referendum 9235. Date ordinance becomes effective. No ordinance shall become effective until 30 days from and after the date of its final passage,except: (a)An ordinance calling or otherwise relating to an election. (b) An ordinance for the immediate preservation of the public peace, health,or safety that contains a declaration of,and the facts constituting,its urgency and is passed by a four-fifths vote of the city council. (c)Ordinances relating to street improvement proceedings. (d)Other ordinances governed by particular provisions of state law pre- scribing the manner of their passage and adoption. (Added by Stats. 1994,c. 920,§2.) 9236. Time ordinance becomes effective;when ordinance subject to referendum. (a) Notwithstanding Section 9235, ordinances authorizing the issuance of revenue bonds by a city as part of a joint powers entity pursuant to Section 6547 of the Government Code shall not take effect for 60 days. (b)When the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the city described in sub- division(a)exceeds 500,000,the ordinance is subject to referendum upon pre- sentation of a petition bearing signatures of at least 5 percent of the entire vote cast within the boundaries of the city for all candidates for Governor at the last gubernatorial election.When the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the city is less than 500,000,the ordinance is subject to referendum upon presen- tation of a petition bearing signatures of at least 10 percent of the entire vote cast within the boundaries of the city for all candidates for Governor at the last gubernatorial election. (c)For the purpose of submitting the question to the voters pursuant to subdivision(b), the ballot wording shall approximate the following: "Shall the (city name), as a member of the (joint powers entity name), authorize the issuance of revenue bonds by the joint powers entity in the amount of$ pursuant to ordinance number 269 1999 9236. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS dated the bonds to be used for the following pur- poses and to be redeemed in the following manner: ?" (Added by Stats. 1994, c. 920,§2.) 9237. Petition to reconsider ordinance. If a petition protesting the adoption of an ordinance and circulated by any qualified registered voter of the city,is submitted to the elections official of the legislative body of the city in his or her office during normal office hours, as posted, within 30 days of the adoption of the ordinance, and is signed by not less than 10 percent of the voters of the city according to the county elections official's last official report of registration to the Secretary of State,or,in a city with 1,000 or less registered voters,is signed by not less than 25 percent of the voters or 100 voters of the city whichever is the lesser, the effective date of the ordinance shall be suspended, and the legislative body shall reconsider the ordinance. (Added by Stats. 1994, C. 920,§2.) 9238. Referendum form; affidavit of circulator. (a)Across the top of each page of the referendum petition there shall be printed the following: "Referendum Against an Ordinance Passed by the City Council" (b)Each section of the referendum petition shall contain(1)the identify- ing number or title,and(2)the text of the ordinance or the portion of the ordi- nance that is the subject of the referendum. The petition sections shall be designed in the same form as specified in Section 9020. (c)Each section shall have attached thereto the declaration of the person soliciting the signatures. This Gic aration shall be substantially in the same form as set forth in Section 9022,except that the declaration shall declare that the circulator is a voter of the city and shall state his or her residence address at the time of the execution of the declaration. (Added by Stats. 1994, e. 920,§2.) 9239. Petition filing and examination of signatures. Petitions shall be accepted for filing by the elections official and the deter- mination of the number of signatures thereon shall be made by the elections official in accordance with Section 9210.Petitions shall be filed with the elec- tions official of the legislative body of the city in his or her office during nor- mal office hours, as posted. (Added by Stats. 1994, c. 920,§2.) 9240. Petition filing and examination of signatures. After the petition has been filed as herein provided,the elections official shall examine the petition and certify the results in the same manner as are county petitions in Sections 9114 and 9115 except that,for the purposes of this section,references to the board of supervisors shall be treated as references to the legislative body of the city. (Added by Stats. 1994, c. 920,§2.) 9241. Ordinance submitted to voters. If the legislative body does not entirely repeal the ordinance against which the petition is filed,the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election 1999 270 Chapter 3. Municipal Elections 9247. called for the purpose, not less than SS days after the order of the legislative body.The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it.If the legislative body repeals the ordinance or submits the ordinance to the voters,and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters. (Added by Stats. 1994, c. 920,§2.) 9242. Filing of petition. Signatures upon petitions,and sections thereof,shall be secured,and the petition;together with all sections thereof,shall be filed,within 30 days from the date of the adoption of the ordinance to which it relates.Petitions and sec- tions thereof shall be filed with the elections official of the legislative body of the city in his or her.office during normal office hours as posted. Petitions _ which are not filed within the time permitted by this section shall be void for all purposes. (Added by Stats. 1994, c. 920,§2.) 9243. Election regulations. Elections pursuant to this article shall be held in accordance with Sec- tions 9217 to 9225,inclusive. (Added by Stats. 1994,c. 920,§2.) 9244. Mayor may veto. Whenever the legislative body of a city has voted in favor of the repeal of an ordinance protested against by the voters, as provided in this article,and the mayor,or like officer,has vetoed the repeal, the failure of the legislative body to pass the repeal over the veto shall be deemed a refusal to repeal the ordinance. (Added by Stats. 1994, c. 920,§2.) 9245. Date of approval. If approval of an ordinance by the mayor or like officer is necessary,the date of approval shall be deemed the date of its final passage by the legisla- tive body within the meaning of this article. If an ordinance becomes law when the time for approval or,veto has expired,and no action has been taken,the date of the expiration of that time shall be deemed the date of its final passage by the legislative body within the meaning of this article. (Added by Stats. 1994,c. 920,§2.) 9246. Duty imposed upon the legislative body is likewise imposed upon any officer having any duty to perform. Any duty imposed in this chapter upon the legislative body of a'city with regard to calling a municipal election,or in connection with an election called pursuant to this chapter, is likewise imposed upon any officer having any duty to perform connected with the election, so far as may be necessary to carry out this chapter. (Added by Stats. 1994,c.920,§2.) 9247. Application of chapter. Article 1(commencing with Section 9200)and this article do not apply to cities having a charter adopted under Section 3 of Article M of the California 271 1999 9247. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS Constitution,and having in their charters any provision for the direct initia- tion of ordinances by the voters;nor to proceedings had for the improvement of streets in or rights-of-way owned by cities, the opening or closing of streets,the changing of grades or the doing of other work,the cost of which, or any portion of the cost which is to be borne by special assessments upon real propertS. (Added by Stats. 1994, c. 920, §2.) ticle 3. City or City and County Chart s 9255. City City and County Charter proposals su mitted to voters. (a)Th ollowing city or city and county charter roposals shall be sub- mitted t e voters at either a special election calle for that purpose,at any establi ed municipal election date, or at any es lished election date pur- suan o Section 1000,provided that there area east 88 days before the elec- tio . (1)A charter proposed by a charter ommission,whether elected or ppointed by a governing body. A char r commission may also submit a charter pursuant to Section 34455 of th overnment Code. (2)An amendment or repeal a charter proposed by the governing body of a city or a city and county its own motion. (3)An amendment or re al of a city charter proposed by a petition . signed by 15 percent of the reg' tered voters of the city. (4)An amendment or epeal of a city and county charter proposed by a petition signed by 10 perc t of the registered voters of the city and county. (5)A recodificati of the charter proposed by the governing body on its own motion,prow' ed that the recodification does not,in any manner, substantially change t e provisions of the charter. (b) Charter pro osals by the governing body and charter proposals by petition of the vo rs may be submitted at the same election. (c) The tot number of registered voters of the city or city and county shall be deter, ined according to the county elections official's last official report of re stration to the Secretary of State. (Add by Stats. 1994, c. 920,§2.) 9256 Notice of intent to circulate petition;affidavit of publication. The proponents of a measure proposing to amend a charter shall publish post,or both,a notice of intent to circulate the petition in the same form and manner as prescribed in Sections 9202,9203,9204,and 9205.The proponents shall also file an affidavit prescribed in Section 9206 with the clerk of the legis- lative body of the city,and,with respect to the petition,shall be subject to Sec- tion 9207. (Added by Stats. 1994,e. 920,§2.) 9257. Petition to contain full text. The petition signed by registered voters of the city or city and county pro- posing an amendment to a charter shall set forth in full the text of the pro- posed amendment, in no less than 10-point type. (Added by Stats. 1994, e. 920,§2.) 1999 272 ATTACHMENT 2 02. 13118. DIVISION 13. BALLOTS, SAMPLE BALLOTS, AND VOTER PAMPHLETS (d) In addition to the designated number or numbers that the county elections official shall place on the ballot when the above conditions are met, he or she shall place on the ballot,immediately following the designation of the office and immediately preceding the names of the candidates to be voted upon, the following earning in boldface type: "Warning! There are two(or applicable number) candidates for this office with identical names." This warning shall also be included,in boldface type and in a prominent manner, on any sample ballot, ballot pamphlet, or other mailing sent by the county elections official,prior to the election,to persons eligible to vote for this office. (Added by Stats. 1994, c. 920,§2.) >13119. Form of ordinance submitted as initiative measure. The ballots used when voting upon a proposed county, city, or district ordinance submitted to the voters of the respective local government as an initiative measure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words"Shall the ordinance(stating the nature thereof)be adopted?"Opposite the statement of the ordinance to be voted on, and to its right,the words"Yes"and"No"shall be printed on separate lines, with voting squares.If a voter stamps a cross(+)in the voting square after the printed word"Yes,"his or her vote shall be counted in favor of the adoption of the ordinance.If he or she stamps a cross(+)in the voting square after the printed word "No,"his or her vote shall be counted against its adoption. (Added by Stats. 1994, c. 920, §2.) 13120. Form of statute submitted as a referendum measure. The ballots used when voting upon a state,county,city,or district statute or ordinance referred to the voters of the respective jurisdiction as a referen- dum measure pursuant to Division 9 (commencing with Section 9000)shall have printed on them the words"Shall the statute(or ordinance)(stating the nature thereof, including any identifying number or title) be adopted?" Opposite the statement of the statute or ordinance to be voted on and to its right,the words"Yes"and"No"shall be printed on separate lines,with vot- ing squares.If a voter stamps a cross(+)in the voting square after the printed word "Yes,"his or her vote shall be counted in favor of the adoption of the ordinance or statute.If he or she stamps a cross(+)in the voting square after the printed word"No,"his or her vote shall be counted against its adoption. (Added by Stats. 1994,c. 920,§2.) 13121. Ballot format. Notwithstanding any other provision of this code, the county elections official conducting any school election shall not be required to provide more than one ballot to the same voter for the purpose of voting on separate propo- sitions at the same election.However,no voter shall be presented with a bal- lot containing a proposition on which he or she is not entitled to vote by reason of not residing within the district or area affected by the proposition. (Added by Stats. 1994,c. 920,§2.) Chapter 3.Ballot Printing Specifications Article 1.General Provisions 13200. Disqualification of ballots. Ballots not printed in accordance with this chapter shall not be cast nor counted at any election. (Added by Stats. 1994,c. 920,§2.) 1999 376 ATTACHMENT 3 JANICE M. MITTERMEIER County Executive Officer r 4 V N T Y O F ROSALYN LEVER 2 Registrar of Voters r1 Mailing Address: 5 3 A N G E P.O. Box 11298 Santa Ana,California 92711 �. REGISTRATION & ELECTIONS DEPARTMENT 1300 South Grand Avenue,Bldg.C Santa Ana,California 92705 (714)567-7600 TDD(714)567-7608 FAX(714)567-7627 December 3, 1999 Connie Brockway City Clerk City Hall 2000 Main Street Huntington Beach, California 92648 Dear Ms. Brockway: Enclosed is our Certificate as to Verification of Signatures for the Referendum Petition for Ordinance No. 3436. If you need further information, please call me at 567-7567. Very truly yours, -&1UjV6-4-- Suzanne Slupsky Election Section Supervisor Enc. CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON REFERENDUM PETITION State of Califomia) )SS. County of Orange) I, Rosalyn Lever, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the attached petition submitted to the City of Huntington Beach entitled "Referendum Against Ordinance 3436." I further certify that from said examination I have determined the following facts regarding this document: Number of signatures examined: 14,689 Number of signatures verified: 10,533 Number of signatures found invalid: 4,156 Number of signatures found invalid because of being duplicates 256 WITNESS my hand and Official Seal this 3rd day of December, 1999. ciRAR OF v ••i, `G�•,,,u••••,, OA r,, i•• •• M ►Oj}� ; Q .;yam'••,. ROSALYN LEVER ...... Registrar of Voters •''••;��`N„i`" ;�`� County of Orange ATTACHMENT 4 r ORDINANCE NO. 3450 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ORDINANCE NO. 3436. SAID ORDINANCE HAD APPROVED AND ADOPTED AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN-PIER CONSTITUENT AREA OF THE PROJECT AREA. WHEREAS, the City Council of the City of Huntington Beach on October 18, 1999, adopted Ordinance No. 3436 amending Ordinance No. 3343 of the City of Huntington Beach and approving and adopting an amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to extend the use of Eminent Domain for residential property in a limited portion of the Main-Pier constituent area of the project area; and The ordinance was published as required by City Charter; and Pursuant to authority provided by Division 9, Chapter 3, Article 2 (commencing at § 9235) of the Election Code of the State of California, a petition has been -filed with the legislative body of the City of Huntington Beach signed by more than ten percent of the registered voters of the City to repeal the ordinance or submit it to a vote of the voters; and The City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and The City Council is authorized pursuant to Election Code Section 9241 to repeal the ordinance or submit it to the voters; NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does ordain that Ordinance No. 3436 (attached as Exhibit A) is repealed. This Ordinance shall become effective thirty(30)days after its adoption. 1 SFA SF-990rdinance:Repeal No.3436 _ 12/03/99-#1 I Ordinance 3450 i PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2 0 th day ofDecember , 1999. Mayor ATTEST: APPROV2 TO FORM: City Clerk /2 —3 p City y Attorney INITIATED AND APPROVED: City Clerk 2 SF/s:SF-990rdinance:Repeal No.3436 12/03/99-#1 Ord. No. 3450 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 ordinance was read to said City Council at a re ular meeting thereof held on the 6th day of December, 1999, and was again read to said City Council at a re ular meeting thereof held on the 20th day of December, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Sullivan, Harman, Green, Dettloff NOES: None ABSENT: Julien ABSTAIN: Garofalo, Bauer I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinance has been published in the Independent on ,19 In accordance with the City Charter of said City City Clerk and ex-officio Clerk Comae Brockway City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 12/22/99 /2Ps, A0. 9�_. ORDINANCE NO. 3436 AN ORDINANCE AMENDING ORDINANCE NO. 3343 OF THE CITY OF HUNTINGTON BEACH AND APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN-PIER CONSTITUENT AREA OF THE PROJECT AREA WHEREAS, the City Council of the City of Huntington Beach (the "City Council") adopted Ordinance No. 3343 on December 16, 1996 which merged and amended the redevelopment plans for the Huntington Center, Main-Pier, Oakview, Talbert Beach and Yorktown Lake Redevelopment Projects as incorporated into the Redevelopment Plan for the Huntington Beach Redevelopment Project (the "Redevelopment Plan"); and The City Council now desires to amend the Redevelopment Plan to extend the use of eminent domain for residential property within a limited portion of the Main-Pier Constituent Area of the Project Area; and The Agency has formulated and prepared an Amendment to Redevelopment Plan for the Huntington Beach Redevelopment Project (the "Amendment") which provides for the extension of such use of eminent domain as described in and attached to this Ordinance as Exhibit "A" and incorporated herein by this reference; and In accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et sec.., ("CEQA"), the Guidelines for Implementation of the California Environmental Quality Act and environmental procedures adopted by the Agency pursuant thereto, the Agency prepared and approved a Negative Declaration for the proposed Amendment; and The Planning Commission made its Report and Recommendation on the proposed Amendment Plan; and The Agency submitted the proposed Amendment to the City Council, together with the Report to the City Council which includes: the reasons for amending the Redevelopment Plan and a description of specific projects proposed and how these projects will improve or alleviate blighting conditions found in the Project Area; a description of physical and economic conditions existing in the Project Area; provisions relating to a five year implementation plan; an explanation of why the elimination of blight and redevelopment of the Project Area cannot reasonably be expected to be accomplished by private enterprise acting alone or by the use of financing alternatives other an tax increment; the proposed method of financing the redevelopment of the Project Area; a method and plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities as a result of the - 1 — SF-990rdinance:Amd3343 08/26/99-#l Ord 3`f-36 proposed Amendment; an analysis of the Preliminary Plan; the Report and Recommendation of the Planning Commission; a report of the Project Area Committee; the Negative Declaration; provisions relating to the report of the County Fiscal Officer and the Agency's analysis thereof, a summary of consultations with taxing agencies; and a Neighborhood Impact Report; and The City Council and the Agency held a joint public hearing on Augustj�,1999 to consider the approval and adoption of the proposed Amendment for the Project Area; and Notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of Huntington Beach as required by law prior to the date of said hearing, and a copy of said notice and affidavits of publication are on file with the City Clerk; and The City Council has considered the proposed Amendment, the Agency's Report to the City Council, other recommendations of the Agency, the Report and Recommendation of the Planning Commission, the Report of the PAC, and the Negative Declaration; has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for and against any and all aspects of the proposed Amendment; and has responded in writing to each written objection of each affected property owner or taxing entity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of the City Council with respect to the Amendment is to extend provisions for the use of eminent domain for residential property within a limited portion of the Main-Pier Constituent Area of the Project Area, in order to achieve the goals and objectives for the Project Area as set forth in Section 1 of Ordinance No. 3343. SECTION 2. The "Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project," and such other documents as are incorporated therein by reference, is hereby approved and adopted and is hereby incorporated in this Ordinance by reference and made a part hereof, and the Redevelopment Plan as amended by this Amendment is hereby designated, approved, and adopted as the official redevelopment plan for the Huntington Beach Redevelopment Project Area. SECTION 3. The City Council hereby finds and determines, based on substantial evidence in the record including, but not limited to, the Agency's Original Report to Council for the Project, the Agency's Report for this Amendment, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amendment, and as described in Ordinance No 3343, that: a. The Project Area and the portion thereof affected by the Amendment continues to be blighted, to the extent not redeveloped, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seg.); SF-990rdinance:Amd3343 08/26/99-#I � Oro( 3�36 b. The Redevelopment Plan, as amended, will redevelop the Project Area in conformity with the California Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. C. The adoption and carrying out of the Redevelopment Plan, as amended, is economically sound and feasible. d. The Redevelopment Plan, as amended, conforms to the General Plan of the City, including, but not limited to, the Housing Element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. e. The carrying out of the Redevelopment Plan, as amended, will promote the public peace,health, safety and welfare of the City, and will effectuate the purposes and policies of the Community Redevelopment Law. f. The condemnation of real property, as provided for in the Amendment, is necessary to the execution of the Redevelopment Plan, as amended„ and adequate provisions have been made for the payment for property to be acquired as provided by law. g The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from the Project Area. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to the Community Redevelopment Law. The Agency has a comprehensive program for the relocation of persons, families, businesses or tenants displaced by Agency project activities. When such displacement occurs, the Agency will provide persons, families, business owners and tenants displaced by Agency activities with monetary and advisory relocation assistance consistent with the California Relocation Assistance Law (Government Code, Section 7260 et seq.), the State Guidelines adopted and promulgated pursuant thereto, Relocation Assistance Rules adopted by the Agency and the provisions of the Redevelopment Plan, as amended,. h. There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to displaced families and persons and reasonably accessible to their places of employment. Dwelling units housing persons and families of low- or moderate-income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to provisions of the Community Redevelopment Law. No person or family will be required to move from any dwelling unit until suitable - 3 — p. SF-990rdinance:Amd3343 , �►�\� 08/26/99-=1 ura � d relocation housing is available for occupancy, and that such housing must meet the standards established in State law and regulations. In addition, the Agency's program includes provisions for the replacement of low and moderate income housing removed from the market as a result of Agency activities. i. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. The continued existence of blighting influences, including deterioration, dilapidation, multiple ownerships, and the lack of adequate public improvements and facilities, and the inability of individual owners and developers to economically remove these and the other blighting influences requires substantial assistance of the Agency. The private sector investment in the Project Area will require significant public sector subsidy. Acting alone, the private sector has not been willing or able to stem or reverse the conditions of blight. In order to correct these physical and economic conditions, the Agency needs additional power to acquire property through the use of eminent domain necessary to complete the eradication of blight within the Project Area. J. The Project Area is a predominantly urbanized area as defined in the Community Redevelopment Law. k. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, and pending the development of the facilities there will be available to displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. SECTION 4. All written and oral objections to the Amendment filed with and presented to the City Council and all written responses thereto, have been considered by the City Council at the time and in the manner required by law, and such written and oral objections are hereby overruled. SECTION 5. Section 3.f.11 of Ordinance No. 3343 is hereby amended as follows: ii. Within the Main-Pier Area (Original and Added), and except as to those properties which lie within the Eminent Domain Overlay Area as shown on Exhibit E to the Redevelopment Plan as amended, the Agency shall not have the authority to acquire, by condemnation, property on which persons legally reside. SECTION 6. In order to implement and facilitate the implementation of the Redevelopment Plan, as amended, as hereby approved, this City Council hereby declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Huntington Beach under the provisions of the Redevelopment Plan, as amended. -4— � SF-990rdinance:Amd3343 otia�tt 08/26/99-n I 1 ard- 3336 SECTION 7. Except as provided in this Ordinance, all findings and other provisions of Ordinance No. 3343 shall remain in full force and effect with respect to the Project Area. SECTION 8. If any part of this Ordinance or the Amendment which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, as amended, and this Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Redevelopment Plan, as amended, if such invalid portion thereof had been deleted. SECTION 9. This Ordinance shall become effective thirty(30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of October , 1999. Mayor ATTEST: APPROVE AS TO FORM: City Clerk �-� 1` City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City dministrator erector of Economic Development - 5 SF-990rdinance:Amd3343 08/26/99-#1 EXHIBIT A TO ORDINANCE NO. 3436 1999 AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN Quo\ �1� 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT The merged Redevelopment Plan for the Huntington Beach Redevelopment Project, adopted on December 16, 1996 by Ordinance 3343 (the "Plan"), is hereby amended as follows: Table of Contents (second page) of the Plan is hereby amended to read as follows: "Exhibit A: Project Area Maps Exhibit B: Legal Descriptions Exhibit C: Public Facilities and Infrastructure Improvements Projects Exhibit D: Oakview Public Acquisition Map Exhibit E: Main-Pier Residential Eminent Domain Overlap" Section 101 (page 1) of the Plan is hereby amended to read as follows: "SECTION I. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the Huntington Beach Redevelopment Project ("Plan"), located in the City of Huntington Beach, County of Orange, State of California. It consists of the text (Sections 100 through 1200), the Project Area Map of Huntington Beach Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and infrastructure improvement projects (Exhibit C), and a map of the properties potentially subject to acquisition by eminent domain within the Oakview Area (Exhibit D), and a map of the properties on which any persons legally reside which are potentially subject to acquisition by eminent domain within the Original and Added Main-Pier Areas (Exhibit [No further revisions to this section.] Section 603 (page 8) of the Plan is hereby amended to read as follows: "B. (602) Property Acquisition 1. (603) Acquisition of Real Property Without limitation, the Agency may acquire real property, any interest in property, and any improvements on such property by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise. In addition, the Agency may acquire real property, any interest in property, and any improvements on such property by eminent domain, with the following exceptions: huntWi\99wmndm ntlnnxndtext 1 10/11/99 ��` a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall not have the authority to acquire property by eminent domain, b. Within the Original Main-Pier Area and Added Main-Pier Area, the Agency shall not have the authority to acquire, by eminent domain, property on which any persons legally reside unless such property is located within the Main-Pier Residential Eminent Domain Overlay Area as shown on Exhibit E; and this new limitation shall supersede any and all previous limitations on the Agency's powers of eminent domain within the Original and Added Main- Pier Areas including, but not limited to, Resolution No. 48, and c. Within the Oakview Area, the Agency shall not have the authority to acquire, by eminent domain, property which is excluded from the Oakview Public Acquisition Map, incorporated herein as Exhibit D. Exee for- the Qakview Area ,,,1 as other-wise Iprevitted by !aw, no enHnent-domain p eeee ing_ten li ' within tlC�1Vo D t A h ll 1. .1 after- twelve (12) f 11 g, the date o x-ivJccrrrrca-�rrmrvc-corm-rxcrrcccr-crrccz—c-vi crru—�-r.�j=�car�-z�rro�v'�'-iirb rrr adoption f the iFdina^oe adopting thisPlan. With r eet to pr-epei4iev_icentifie.-1 en Exhibit D nt dE) -di to acquire rty , the Oak , 1V vul�vie ry Area shall be EArmneneed aftef twelve (12)—ye.,rs following, the july 5, 1g adoption of Or- innnee 1�Trn7:„ �'� ✓av 3002, 'rzcxr�z cn g the Oakviem, Redevelopment Pr-gje r This Plan does t amend, of th ehange, the b nt domain „thoritieo__establishe.l by the rlvpilvli l tiO Of uu O-dinance N6-300-2: The time limitations on the commencement of eminent domain shall be as follows: 1) Properties subject to eminent domain within the Oakview Area - no eminent domain action shall commence after July 5, 2001. 2) Properties within the Main-Pier Residential Eminent Domain Overlay Area (Exhibit E) - no eminent domain action shall commence after 2011. 3) All other areas subject to eminent domain by this Plan - no eminent domain action shall commence after December 16, 2008. Such time limitations may be extended only by amendment of this Plan. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 605 to 609, inclusive of this Plan and applicable provisions of the Redevelopment Law." huntbch\99umendn entwnendteat 2 10/11/99 �a C (o EXHIBIT E MAIN-PIER RESIDENTIAL EMINENT DOMAIN OVERLAY MAIN-VIER RESIDENTIAL EMINENT DOMAIN OVERLAY AREA ono September 20, 1999 J C-) �0� A,� /b gyp. ,1O a 101 �o PALM AVE ACACIA AVE. ':•- v Lu PECAN AVE. '' s ,x:5:s. t ORANGE AVE. ' OLIVE AVE. � H �'•• ~ N U' V~1 � V1 Z Z �Z W K h:OLL WALNUT AVE. g f; ; ;r-.:.x..n.:...........:.. . w PACIFIC COAST HIGHWAY cc W `a <. .r;.. w:.........:::. .....:: ....... :::::::::::::.......:....... ::.:::::: :::: ' PACIFIC OCEAN D�` v / I Ord. No. 3436 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 ordinance was read to said City Council at a re ular meeting thereof held on the 20th day of September, 1999, and was again read to said City Council at a regular meeting thereof held on the 18th day of October, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien ABSTAIN: Bauer, Garofalo 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on 19 In accordance with the City Charter of said City City Clerk and ex-officio C erk Connie Brockway City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 10/19/99 ATTACHMENT 5 RESOLUTION NO. 99-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 7, 2000,'FOR THE SUBMISSION TO THE QUALIFIED VOTERS THE QUESTION RAISED BY REFERENDUM PETITION REGARDING WHETHER ORDINANCE NO. 3436 SHALL BECOME EFFECTIVE. SAID ORDINANCE APPROVES AND ADOPTS AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN- PIER CONSTITUENT AREA OF THE PROJECT AREA. WHEREAS, the City Council of the City of Huntington Beach on October 18, 1999, adopted Ordinance No. 3436 amending Ordinance No. 3343 of the City of Huntington Beach and approving and adopting an amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to extend the use of Eminent Domain for residential property in a limited portion of the Main-Pier constituent area of the project area; and The ordinance was published as required by City Charter; and Pursuant to authority provided by Division 9, Chapter 3, Article 2 (commencing at § 9235) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Huntington Beach signed by more than ten per cent of the registered voters of the city to repeal the ordinance or submit it to a vote of the voters; and The City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and The City Council has not voted in favor of the repeal of the ordinance; and The City Council is authorized and directed by statute to submit the ordinance to the voters; 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 laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, March 7, 2000, a Special Municipal Election for the purpose of submitting the following ordinance: SF/s:SF-99Resolutions:Notice of Special Election 12/03/99-#1 Reso No 99-106 Shall Ordinance No. 3436, Amending Ordinance No. 3343 of the City of Huntington Beach and Approving YES and Adopting an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier NO Constituent Area of the Project Area be Adopted? SECTION 2. That the text of the ordinance 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 4. 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 5. That the polls 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 §14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 2 S F/s:S F-99Resolutions:Notice of Special Election 12/03/99-#1 Reso No 99-106 � q PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1999. Mayor ATTEST: APPROVED AS TO FORM: City Clerk Gr/o/ City Attorney fir' INITIATED AND APPROVED: City Clerk 3 SF/s:S F-99Resolutions:Notice of Special Election 12/03/99-#1 Reso No 99-106 ORDINANCE NO. 3436 AN ORDINANCE AMENDING ORDINANCE NO. 3343 OF THE CITY OF HUNTINGTON BEACH AND APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN-PIER CONSTITUENT AREA OF THE PROJECT AREA WHEREAS, the City Council of the City of Huntington Beach (the "City Council") adopted Ordinance No. 3343 on December 16, 1996 which merged and amended the redevelopment plans for the Huntington Center, Main-Pier, Oakview, Talbert Beach and Yorktown Lake Redevelopment Projects as incorporated into the Redevelopment Plan for the Huntington Beach Redevelopment Project (the "Redevelopment Plan"); and The City Council now desires to amend the Redevelopment Plan to extend the use of eminent domain for residential property within a limited portion of the Main-Pier Constituent Area of the Project Area; and The Agency has formulated and prepared an Amendment to Redevelopment Plan for the Huntington Beach Redevelopment Project (the "Amendment") which provides for the extension of such use of eminent domain as described in and attached to this Ordinance as Exhibit "A" and incorporated herein by this reference; and In accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., ("CEQA"), the Guidelines for Implementation of the California Environmental Quality Act and environmental procedures adopted by the Agency pursuant thereto, the Agency prepared and approved a Negative Declaration for the proposed Amendment; and The Planning Commission made its Report and Recommendation on the proposed Amendment Plan; and The Agency submitted the proposed Amendment to the City Council, together with the Report to the City Council which includes: the reasons for amending the Redevelopment Plan and a description of specific projects proposed and how these projects will improve or alleviate blighting conditions found in the Project Area; a description of physical and economic conditions existing in the Project Area; provisions relating to a five year implementation plan; an explanation of why the elimination of blight and redevelopment of the Project Area cannot reasonably be expected to be accomplished by private enterprise acting alone or by the use of financing alternatives other an tax increment; the proposed method of financing the redevelopment of the Project Area; a method and plan for the relocation.of families and persons who may be temporarily or permanently displaced from housing facilities as a result of the. SF-990rdinance:Amd3343 08/26/99-#1 Reso No 99-106 ord 3�it3�, proposed Amendment; an analysis of the Preliminary Plan; the Report and Recommendation of the Planning Commission; a report of the Project Area Committee; the Negative Declaration; provisions relating to the report of the County Fiscal Officer and the Agency's analysis thereof; a summary of consultations with taxing agencies; and a Neighborhood Impact Report; and The City Council and the Agency held a joint public hearing on Augustjq,1999 to consider the approval and adoption of the proposed Amendment for the Project Area; and Notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of Huntington Beach as required by law prior to the date of said hearing, and a copy of said notice and affidavits of publication are on file with the City Clerk; and The City Council has considered the proposed Amendment, the Agency's Report to the City Council, other recommendations of the Agency, the Report and Recommendation of the Planning Commission, the Report of the PAC, and the Negative Declaration; has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for and against any and all aspects of the proposed Amendment; and has responded in writing to each written objection of each affected property owner or taxing entity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of the City Council with respect to the Amendment is to extend provisions for the use of eminent domain for residential property within a limited portion of the Main-Pier Constituent Area of the Project Area, in order to achieve the goals and objectives for the Project Area as set forth in Section 1 of Ordinance No. 3343. SECTION 2. The "Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project," and such other documents as are incorporated therein by reference, is hereby approved and adopted and is hereby incorporated in this Ordinance by reference and made a part hereof, and the Redevelopment Plan as amended by this Amendment is hereby designated, approved, and adopted as the official redevelopment plan for the Huntington Beach Redevelopment Project Area. SECTION 3. The City Council hereby finds and determines, based on substantial evidence in the record including, but not limited to, the Agency's Original Report to Council for the Project, the Agency's Report for this Amendment, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amendment, and as described in Ordinance No 3343, that: a. The Project Area and the portion thereof affected by the Amendment continues to be blighted, to the extent not redeveloped, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law(Health and Safety Code Section:33000 et seq.); 2 SF-990rdinance:Amd3343 08/26/99-#I f Reso No 99-106 Ord 3IA-36 C) b. The Redevelopment Plan, as amended, will redevelop the Project Area in conformity with the California Community Redevelopment Law and in the interests of the pub is peace, health, safety and welfare. C. The adoption and carrying out of the Redevelopment Plan, as amended, is economically sound and feasible. d. The Redevelopment Plan, as amended, conforms to the General Plan of the City, including, but not limited to, the Housing Element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. e. The carrying out of the Redevelopment Plan, as amended, will promote the public peace, health, safety and welfare of the City, and will effectuate the purposes and policies of the Community Redevelopment Law. f. The condemnation of real property, as provided for in the Amendment, is necessary to the execution of the Redevelopment Plan, as amended„ and adequate provisions have been made for the payment for property to be acquired as provided by law. g. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from the Project Area. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to the Community Redevelopment Law. The Agency has a comprehensive program for the relocation of persons, families, businesses or tenants displaced by Agency project activities. When such displacement occurs, the Agency will provide persons, families, business owners and tenants displaced by Agency activities with monetary and advisory relocation assistance consistent with the California Relocation Assistance Law (Government Code, Section 7260 et seq.), the State Guidelines adopted and promulgated pursuant thereto, Relocation Assistance Rules adopted by the Agency and the provisions of the Redevelopment Plan, as amended,. h. There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to displaced families and persons and reasonably accessible to their places of employment. Dwelling units housing persons and families of low- or moderate-income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to provisions of the Community Redevelopment Law. No person or family will be required to move from any dwelling unit until suitable - 3 SF-990rdinance:Amd3343 ;,l►\ 08/26/99-#1 Reso No 99-106 ) relocation housing is available for occupancy, and that such housing must meet the standards established in State law and regulations. In addition, the Agency's program includes provisions for the replacement of low and moderate income housing removed from the market as a result of Agency activities. i. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. The continued existence of blighting influences, including deterioration, dilapidation, multiple ownerships, and the lack of adequate public improvements and facilities, and the inability of individual owners and developers to economically remove these and the other blighting influences requires substantial assistance of the Agency. The private sector investment in the Project Area will require significant public sector subsidy. Acting alone, the private sector has not been willing or able to stem or reverse the conditions of blight. In order to correct these physical and economic conditions, the Agency needs additional power to acquire property through the use of eminent domain necessary to complete the eradication of blight within the Project Area. j. The Project Area is a predominantly urbanized area as defined in the Community Redevelopment Law. k. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, and pending the development of the facilities there will be available to displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. SECTION 4. All written and oral objections to the Amendment filed with and presented to the City Council and all written responses thereto, have been considered by the City Council at the time and in the manner required by law, and such written and oral objections are hereby overruled. SECTION 5. Section 31.11 of Ordinance No. 3343 is hereby amended as follows: ii. Within the Main-Pier Area (Original and Added), and except as to those properties which lie within the Eminent Domain Overlay Area as shown on Exhibit E to the Redevelopment Plan as amended, the Agency shall not have the authority to acquire, by condemnation, property on which persons legally reside. SECTION 6. In order to implement and facilitate the implementation of the Redevelopment Plan, as amended, as hereby approved, this City Council hereby declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Huntington Beach under the provisions of the Redevelopment Plan, as amended. -4- 1 SF-990rdinance:Amd3343 08/26/99-#I I 0Reso No 99-106 SECTION 7. Except as provided in this Ordinance, all findings and other provisions of Ordinance No. 3343 shall remain in full force and effect with respect to the Project Area. SECTION 8. If any part of this Ordinance or the Amendment which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, as amended, and this Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Redevelopment Plan, as amended, if such invalid portion thereof had been deleted. SECTION 9. This Ordinance shall become effective thirty(30) days after its adoption. --- PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of October 1999. Mayor ATTEST: APPROVE AS TO FORM: City Clerk � 1` City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: Aw'd,Q•��� City dministrator erector of Economic Development - 5 - SF-990rdinance:Amd3343 \ 08/26/99-#1 �a 1` Reso No 99-106 �x r EXHIBIT A TO ORDINANCE NO. 3436 1999 AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN Reso No 99-106 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT The merged Redevelopment Plan for the Huntington Beach Redevelopment Project, adopted on December 16, 1996 by Ordinance 3343 (the "Plan"), is hereby amended as follows: Table of Contents (second page) of the Plan is hereby amended to read as follows: "Exhibit A: Project Area Maps Exhibit B: Legal Descriptions Exhibit C: Public Facilities and Infrastructure Improvements Projects Exhibit D: Oakview Public Acquisition Map Exhibit E: Main-Pier Residential Eminent Domain Overlay Map" Section 101 (page 1) of the Plan is hereby amended to read as follows: "SECTION I. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the Huntington Beach Redevelopment Project ("Plan"), located in the City of Huntington Beach, County of Orange, State of California. It consists of the text (Sections 100 through 1200), the Project Area Map of Huntington Beach Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and infrastructure improvement projects (Exhibit C), aPA a map of the properties potentially subject to acquisition by eminent domain within the Oakview Area (Exhibit D), and a map of the properties on which any persons legally reside which are potentially subject to acquisition by eminent domain within the Original and Added Main-Pier Areas (Exhibit [No further revisions to this section.] Section 603 (page 8) of the Plan is hereby amended to read as follows: `13. (602) Property Acquisition 1. (603) Acquisition of Real Property Without limitation, the Agency may acquire real property, any interest in property, and any improvements on such property by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise. In addition, the Agency may acquire real property, any interest in property, and any improvements on such property by eminent domain, with the following exceptions: huu[bch99amendmeuttamndtext 1 .• 10/11/99 Reso No 99-106 a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall not have the authority to acquire property by eminent domain, b. Within the Original Main-Pier Area and Added Main-Pier Area, the Agency shall not have the authority to acquire, by eminent domain, property on which any persons legally reside unless such property is located within the I Main-Pier Residential Eminent Domain Overlay Area as shown on Exhibit E; and this new limitation shall supersede any and all previous limitations on the Agency's powers of eminent domain within the Original and Added Main- Pier Areas including, but not limited to, Resolution No. 48, and c. Within the Oakview Area, the Agency shall not have the authority to acquire, by eminent domain, property which is excluded from the Oakview Public Acquisition Map, incorporated herein as Exhibit D. Exeepferthe—Qak.zew Area e tA,i-s D t nrea shall be eaffimenee.1 after- twelve (12) Mears fell.,.x ing the date &f adoption of thc- ydinanee adepting this Plan. With ro t top pet4ies identified an Exhibit D no enaineat do orl: to aequir rt. in the Qak Area shall b eommeneed-nicer- twelve (12) yeafs xfe bowing the July G 1989 adoption f n diee Ni. 200-2�amending the Redevelopment P-w_ for the ehangeOakview Redevelopment Prejeet. This Plan does not amend, or- othef-A,ise ' t .1 authorities established by th t: f � �uu ad6 v�� " .) Or-dininnee No.3002. The time limitations on the commencement of eminent domain shall be as follows: 1) Properties subject to eminent domain within the Oakview Area - no eminent domain action shall commence after July 5, 2001. 2) Properties within the Main-Pier Residential Eminent Domain Overlay Area (Exhibit E) - no eminent domain action shall commence after 2011. 3) All other areas subject to eminent domain by this Plan - no eminent domain action shall commence after December 16, 2008. Such time limitations may be extended only by amendment of this Plan. To the extent-required-,by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the ownertfails.or refuses to participate in the Plan pursuant to Sections 605 to 609, inc�u`l of this Plan and applicable provisions of the Redevelopment Law." huntbch\99a ndtneut\at ndtext 2 - '` � 10/11/99 Reso No 99-106 EXHIBIT E MAIN-PIER RESIDENTIAL EMINENT DOMAIN OVERLAY 3 36 Reso No 99-106 , MAIN-P'IER RESIDENTIAL EMINENT DOMAIN �® OVERLAY AREA Q- September 20, 1999 �s raja �,P P PALM AVE-,- O�� LP ,� o O ACACIA AVE. O Z PECAN AVE. ORANGE AVE. •�/>` f OLIVE AVE. in `^ r= ►= v~i4A in AA WALNUT . a a❑a AVE ::: r ii {, yee PACIFIC COAST HIGHWAY w w a PACIFIC OCEAN �� Reso No 99-106 Ord. No. 3436 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 ordinance was read to said City Council at a regular meeting thereof held on the 20th day of September, 1999, and was again read to said City Council at a regular meeting thereof held on the 18th day of October, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien ABSTAIN: Bauer, Garofalo At, -3 - I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on a 19 In accordance with the City Charter of said City City Clerk and ex-officio C erk Connie Brockway City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 10/19/99 RESOLUTION NO. 99-107 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 MARCH 7, 2000, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of Huntington Beach called a Special Municipal Election to be held on March 7, 2000, for the purpose of submitting to the qualified voters Ordinance No. 3436, approving and adopting an amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to extend the use of Eminent Domain for residential property in a limited portion of the Main-Pier constituent area of the project area; and It is desirable that the special municipal election be consolidated with the Statewide Primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the 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 does resolve, declare, determine and order as follows: SECTION 1. That pursuant to the requirements of§ 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary election on Tuesday, March 7, 2000, for the purpose of submitting a measure to appear on the ballot as follows: Shall Ordinance No. 3436, Amending Ordinance No. 3343 of the City of Huntington Beach and YES Approving and Adopting an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent. Domain for Residential Property in a Limited Portion NO of the Main-Pier Constituent Area of the Project Area be Adopted? 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. 1 _ SF/s:SF-99ResolAons:Consolidate Election 12/03/99-#1 Reso No 99-107 1 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 thereof held on the day of , 1999. Mayor ATTEST: APPROVED S TO O City Clerk l2 3 City Attorney r �Ll INITIATED AND APPROVED: City Clerk 2 SF/s:SF-99Resolutions:Consolidate Election 12/03/99-#1 ) RESOLUTION NO. 99-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE 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 March 7, 2000, at which there will be submitted to the voters the following measure: Shall Ordinance No. 3436, Amending Ordinance No. 3343 of the City of Huntington Beach and Approving YES and Adopting an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier NO Constituent Area of the Project Area be Adopted? NOW THEREFORE, the City Council of the City Of Huntington Beach, California, does resolve, declare, determine and order as follows: SECTION 1. That the City Council authorizes (Council Member In Favor of the Ordinance) (Council Member In Favor of the Ordinance) (Council Member In Favor of the Ordinance) (Council Member In Favor of the Ordinance) (Council Member In Favor of the Ordinance) members of that body, to file (a) written argument regarding the City measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the Office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the Office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the city clerk for the filing of primary arguments. S F/s:SF-99Resolutions:Election Arguments 12/03/99-#1 rTM Reso No 99-106 t j SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book or 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 , 1999. Mayor ATTEST: APPROVED AS TO FORM: City Clerk C City Attorney INITIATED AND APPROVED: City Clerk 2 SF/s:SF-99ResolutionsBection Arguments 12/03/99-#1 CAT`;" b I"Ig9 0LC - P 5 v 25, fr 4 i x r e t' `f a 3.1�t 6 ♦� � � �r 1 m jg "'Y N'I I m c s sv$#_� x n�`�'fi v#.�`,gym.-•.5%�z ,L"` .L -,a .... '--- _ .._. �«„g,,,�` l_kAr.�'��--4SS.6T me:sr r.+� �1:.��1 �� .'rY'':�S'4��• i m r N EMI•v Al �69.=2553 Z 2 V e / er I r �. d t , .4 •a:`yN�"'avJ,"1'" �tk `r"`. "'r.,�*f�`'��+ �e�. .k¢��'.,.;,���iy`�r+� � � �d �'•i.. ' ��i�F rim ,:,M`+f4i�i�i+"'^.� 3 LI ,1,t0 Der, ti •.�.' Wit. '..��, � ;�� �h r 4 Sri ��Terce„�'Ft,t�.�3"ai5�w f n z c iii 0- 0.� 20 Am EEmm ai ■�e i:e ���•., � ..d&•c.'-cz.7^+, it ^�iT]C'- �;�..,.t• -_ Gensler 5 i $ r ww1..ro� br; [t at a.. S+E "� ���tit it^ ��.�� -1I�'• �—v r �tI ��dt or 9fl i,Ct b riu pit r A`aaw7 I � feu3. bl ii A �iu 1l18�1���a �1���y„y�� 1=s��, � r'`r ��,�6A{G/;� g„ ►F, as� ��� K n''�4���'e�� WINIAl SD •� - �� Tvr' �% r 1 ^4 I- r f a ` �� "'rr �. n . '„ ;{ � ZEN�' ! ai - •�r ' - ,;, .: :\ *'..[4'>( �.. cX;'vt:.ac.._ ;y�.;•„ ^':X...:-. On 1111 Gensler Szyll 7L 1171 ..u... ,_ ^ ..,... Blocks l04&105 H•Jrtmgu:a beech.C.4 Gensler • ^.. M-1,29,19,9 7 \ $ Blocks 104&105 Project Site - Slide 15 4 969 Z553 IZ7A Yd V` 'i3hf1 � 1 y b 8 : ES � � }" 1 � ��' pad 1,�• ^d i ll 0 ( A F Deli Downtown Redevelopment Subarea Core GO Qo o AN:U -OAAHGI AVG. asasI UUM Un Injulo� WARM AN ���otl .o � oaca0e PACIFIC COAST HIGHWAY a Slide 18 9 into a violation of the Political Reform Act of 1974(Title 9(commencing with Section 81000)of the Government Code). t (Added by Stats.1994,c.920,§2.) Chapter 3.Initiative and Referendum Petitions 17200. Preservation of initiative or referendum petitions. V/` E�� (a)Elections officials required by law to receive or file in their offices any rY10 u initiative or referendum petition shall preserve the petition until eight r! h5 +WyI "/ �'�-�0 months after the certification of the results of the election for which the peti- C '2- lion qualified or if the measure,for any reason,is not submitted to the voters, 1 J eight months�er the final examination of the petition by the elections offi- 1' vial. gh9OS. (b) Thereafter, the petition shall be destroyed as soon as practicable r�n f h e pP,�t� G official it is in evidence in some action or proceeding then pending o unless f�/ Cle✓'�� the elections ocial has received a written request from the Attorney Gen- Cerr fi � 1 7`h� jPeAifian X02 fh 1 443 2000 09-o - 1Jhl�00 - - - (b)In lieu of preserving the canceled original affidavit of registration7,me- elections official may,by filming or other suitable method,record the can- celed affidavit and destroy the affidavit following the first general election after the date of cancellation. (Added by Stats. 1994,c.920,§2.) 17001. Preservation of index to the affidavits of registration. The elections official shall keep a copy of the index to the affidavits of reg- istration described in Section 2180 on file as a public record for election,polit- ical research,and governmental purposes for a period of five years. (Added by Stats.1994,c.920,§2.) Chapter 2.Nomination Documents 17100. Preservation of nomination documents and signatures in lieu of filing fee petitions. (a)All nomination documents and signatures in lieu of filing fee petitions filed in accordance with this code shall be held by the officer with whom they are filed during the term of office for which they are filed and for four years after the expiration of the term. (b)Thereafter,the documents and petitions shall be destroyed as soon as practicable unless they either are in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General,the Secretary of State,the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county,city and county,or district,including a school district,that the docu- ments and petitions be preserved for use in a pending or ongoing investiga- tion into election irregularities,the subject of which relates to the placement of a candidate's name on the ballot,or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974(Title 9(commencing with Section 81000)of the Government Code). (Added by Stats.1994,c.920,§2.) Chapter 3.Initiative and Referendum Petitions 17200. Preservation of initiative or referendum petitions. ��f�f��_�off$V P. �• (a)Elections officials required by law to receive or file in their offices any initiative or referendum petition shall preserve the petition until eight 8 nmont_h s - months er the certification of the results of the election for which the peti- C (Z tion qualified or if tie measure, or any reason,is not submitted to the voters, ths eight mon after the final examination of the petition by h g. 1 lions offi- �2l^$rltivrr'1 re-1'&-1On_ YMOS, (b) Thereafter, the petition shall be destroyed as soon as practicable n unless it is in evidence in some action or proceeding then pending or unless T A om h& pQ4& C i f�y Cle r�IV the elections official has received a written request from the Attorney Gen- C@r 'ed 7`f7e. {J/vc� 7'� Ahf, 443 2000 c Og-0b - 00 � At 17200. DIVISION 17.RETENTION AND PRESERVATION OF ELECTION RECORDS eral,the Secretary of State,the Fair Political Practices Commission,a district attorney,a grand jury,or the governing body of a county,city and county,or district,including a school district,that the petition be preserved for use in a pending or ongoing investigation into election irregularities,the subject of which relates to the petition's qualification or disqualification for placement on the ballot,or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974(Title 9(commencing with Section 81000)of the Government Code). (c) Public access to any such petition shall be restricted in accordance with Section 6253.5 of the Government Code. (d)This section shall apply to the following petitions: (1)Statewide initiative and referendum petitions. (2)County initiative and referendum petitions. (3)Municipal initiative and referendum petitions. (4)Municipal city charter amendment petitions. (5)District initiative and referendum petitions. a (Added by Stats.1994,c.920,§2.) Chapter 4.Precinct Supplies and Ballots 17300. Preservation of rosters or combined rosters and indexes. (a)The elections official shall preserve all rosters of voters or combined rosters and indexes as provided for in Section 14109,if applicable,until five years after the date of the election,after which they maybe destroyed by that official. (b)In lieu of preserving the original roster of voters,the elections official may,by filming or other suitable method,record the original roster of voters and destroy the roster following the next subsequent general election. (Added by Stats.1994,c.920,§2.) 17301. Preservation of ballots;election of federal offices. (a)The following provisions shall apply to those elections where candi- dates for one or more of the following offices are voted upon:President,Vice President,United States Senator,and United States Representative. (b) The packages containing the following ballots and identification envelope shall be kept by the elections official,unopened and unaltered,for 22 months from the date of the election: - (1)Voted polling place ballots. (2)Voted absent voter ballots. (3)Absent voter identification envelopes. 1 (4)Spoiled ballots. (5)Canceled ballots. (6)Unused absentee ballots surrendered by the voter pursuant to Section 3015. f' (7)Ballot receipts. (c)if a contest is not commenced within the 22-month period,or if a crim- i'lE#: final prosecution involving fraudulent use,marking or falsification of ballots or forgery of absent voters' signatures is not commenced within the 22-month period,either of which may involve the vote of the precinct from which voted ballots were received the elections official shall have the ballots destroyed or recycled.The packages shall otherwise remain unopened until �c 2000 444 31 5 3'13 (10) 12/6/99 - Council/Agency Agenda �I� F. Administrative Items F-1. (City Council) Approve a Motion Supporting an Orange County Transportation Authority (OCTA) Centerline Project (800.45) - Communication from the Director of Public Works regarding the proposed OCTA Centerline project, originally proposed as a 28 mile rail transit corridor between the Fullerton Transportation Center and the Irvine Transportation Center passing through seven cities (Fullerton, Anaheim, Garden Grove, Orange, Santa Ana, Costa Mesa and Irvine). OCTA now recommends shortening the route to about 10 to 12 miles between Costa Mesa and Irvine. Recommended Action: Approve a motion supporting an OCTA Centerline Project. [Approved as amended 7-0] F-2. Joint Meeting Between City Council/Redevelopment Agency & Huntington Beach Public Financing Authority (125.40) Roll Call of the Huntington Beach Public Financing Authority Members Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo [Present] Approval Public Financing Authority Minutes (125.35) Motion: Approve and adopt minutes of the December 21, 1998 meeting of the Huntington Beach Public Financing Authority as written and on file in the Office of the Secretary. Submitted by the Secretary [Approved 6-0-1 (Julien abstain)] Adjourn Annual Meeting of the Huntington Beach Public Financing Authority F-3. (City Council) City Clerk's Certification of Results to City Council of Sufficiency of Referendum Petition Against an Ordinance Passed by the City Council— Ordinance No. 3436 Extending Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier Constituent Area of the Redevelopment Project Area (620.30) (Communication from the City Clerk submitting the City Clerk's report of certification of sufficiency of referendum petition to the City Council. The County Registrar of Voters Certificate as to Verification of Signatures on Petition dated December 3, 1999 is submitted. Said certificate sets forth that said petition contains the required number of verified signatures, having not less than 10%, causing the effective date of the ordinance to be suspended, and for the City Council to reconsider Ordinance No. 3436. The City Council may entirely repeal the ordinance against which the referendum petition is filed. The City Council may call a special election (March 7, 2000) to submit Ordinance No. 3436 to the voters or may submit the ordinance at the next General Municipal Election on November 7, 2000. (continued next page) 51-*IPA *;a 1 (11) 1216199 - Council/Agency Agenda - Page 11 Available City Council Actions Pursuant to the State Elections Code (A) Repeal in its entirety the Ordinance No. 3436 against which the petition is filed by approving introduction of Ordinance No. 3450— "An Ordinance of the City of Huntington Beach Repealing Ordinance No. 3436. Said Ordinance Had Approved and Adopted an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier Constituent Area of the Project Area. Recommended Action: Motion to: Approve Introduction of Ordinance No. 3450, after City Clerk reads by title. [Approved Introduction 4-0-3 (Bauer, Julien, Garofalo abstain)] Of (B) SubFnit QFdinanGe No. 3436 to the voters at the General Mun!Gipal EleGtion on of Qualified Voters the Question Raised by ReAgiendum Petition Regardin and Adopts an Amendment to the redevelopment Plan for-theHuntington Qennh YIIV/1VVI./iV a.r1! Redevelopment Ornieof to Extend the Use of Eminent Domain for/7ecirdenfiol vaia.. mpe ty in a Limited edion of the AAain_Oier Constituent Area of the Oroieot and Adopting an Amendment to the Rede pme�t yvCCcc S Ohn for the Huntington Beach Oedeyelnnmenf P1Dj9nt to Extend the Use of Eminent Domain for Residential Property in a Limited Oodion of the N0 Main_Pier Constituent Aron of the Oroient Area he And u A Resolution Of The Gity GeunGil Of The City Of HeldOn MarGh�7nnn, Wrath The Statewide Rfi . fi n To Be Held OR (12) 12/6/99 - Council/Agency Agenda - Page 12 And Regarding A (amity 11/Ic-ar'i ire direr#inn (amity Attorney to Prepare Impartial Analysis u A Resolutwon Of The City Coundl Of The City Of Huntington BeaGh, California Setting Priorities Cor Filing Written Argument Regarding A (amity MeaS ire And D*rertinn The /amity Attorney To Prepare An Impartial Analysis." Available Motions for the adoption of Resolution No. 99-M a. Adopt Resolution No. 99 108 afteF authodzing and naming no moFe than five GeunGilmembeFS to file a written argument on favor of the proposed ordinanGe. b. Adopt Resolution No. 99 108 as amended only to direGt the City Attorney to prepaFe aR OF G. Da not adopt any part of Resolution No. 99 108 whiGh would result in no impartial analyses nor authorized Coundknemhers to file an argument in favor G. Ordinances G-1. Ordinance for Adoption G-1A. (City Council) Approve Adoption of Ordinance No. 3448— Establishes Speed Limits on Certain Streets—(Newland Street from Adams Avenue to Warner Avenue) (Orange Avenue from 17 Street to Goldenwest Street) (Edwards Street from City Limit to Garfield Avenue) (580.60)—Approve adoption of Ordinance No. 3448— "An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Pertaining to Speed Limits." Submitted by the Director of Public Works (Introduction approved on 11/15/99) Street Limits Current MPH Proposed MPH Newland Street Adams Ave. to Warner Ave. 50 45 Orange Avenue 171h St. to Goldenwest St. 40 30 Edwards Street City Limit to Garfield Ave. 40-50 40 Recommended Action: After City Clerk reads by title adopt, Ordinance No. 3448, by roll call vote. [Adopted 7-0] 12/20/99 - Council/Agency Agenda - Page 13 3�5o F. Administrative Items F-1. (City Council/Redevelopment Agency)—Adopt Council Resolution No. 99-110 & Agency Resolution No. 307—Approving & Adopting the 1999/2000 Investment Policy (310.20) Communication from the City Treasurer submitting the Annual Fiscal Year 1999/2000 Investment Policy for City Council/Redevelopment Agency approval. Recommended Action: Motion to: 1. _City Council Action: Adopt Resolution No. 99-110— ""A Resolution of the City Council of the City of Huntington Beach Approving the Annual Fiscal Year 1999/2000 Investment Policy'. [Adopted 6-0 (Julien absent)] and 2. Redevelopment Agency Action: Adopt Resolution No. 307 - "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving the Annual Fiscal Year 199912000 Investment Policy". Submitted by the City Treasurer. [Adopted 6-0 (Julien absent)] F-2. (City Council) Approve Consideration To Direct Staff to Prepare An Ordinance That Would Regulate Drive-Through Businesses and Minor Auto Repair on Beach Boulevard and Edinger Avenue (640.10) Communication from the Director of Planning regarding the City Council's direction at the November 15, 1999 meeting that staff analyze the piece-meal development of remnant parcels on Beach Boulevard and recommend solutions to address this issue in order to insure the maximum economic viability of future development. Recommended Action: Motion to: Direct staff to prepare an ordinance that would regulate drive-through businesses and minor auto repair on Beach Boulevard and Edinger Avenue except those properties now in the process of going through the planning process. [Approved 6-0 (Julien absent)] G. Ordinances G-1. Ordinance for Adoption G-1A. (City Council) Adopt Ordinance No. 3450 Repealing Ordinance No. 3436 Relative to Extending the Use of Eminent Domain for Residential Property in a Limited Portion of Main-Pier Constituent Area of Project Area (620.30)— "An Ordinance of the City of Huntington Beach Repealing Ordinance No. 3436. Said Ordinance Had Approved and Adopted an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier Constituent Area of the Project Area." Recommended Action: After City Clerk reads by title, adopt Ordinance No. 3450, by roll call vote. [Adopted 4-3 (Garofalo abstain; Bauer abstain; Julien absent)] 1216199 - Council/Agency Minutes - Page 11 Councilmember Green requested clarification of the recommended action as it appears to differ from that of the Request for Council Action document. City Administrator Silver reported on what is the staffs recommendation; that it is as set forth on the City Council agenda. Councilmember Green stated that a mixed signal should not be sent to the OCTA. City Administrator Silver and Tom Borhard, Junior Engineering/Public Works Department, reported further. Councilmember Dettloff presented questions to staff including whether staff knows of cities which are successful in implementing light rail, alternatives to light rail such as electric buses and improvement of air quality. Mr. Brohard, Junior Engineering/Public Works Department, stated he would like to prepare a report for Council on this subject. A motion was made by Garofalo, second Dettloff that Council approve a motion supporting an Orange County Transportation Authority Centerline Project with the condition that Council direct the City Administrator to send a letter to encourage short and long term goals that enhance West Orange County cities in this vision. The motion carried unanimously. JOINT MEETING BETWEEN CITY COUNCIL/REDEVELOPMENT AGENCY & HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY (125.40) ROLL CALL OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY DIRECTORS Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None PUBLIC FINANCING AUTHORITY MINUTES APPROVED A motion was made by Garofalo, second Dettloff to approve and adopt minutes of the December 21, 1998 meeting of the Huntington Beach Public Financing Authority as written and on file in the Office of the Secretary. The motion carried unanimously with Director Julien abstaining as she had not been present at the meeting. ADJOURNMENT Chairman Garofalo adjourned the annual meeting of the Huntington Beach Public Financing Authority. (CITY COUNCIL) CITY CLERK'S CERTIFICATION OF RESULTS TO CITY COUNCIL OF SUFFICIENCY OF REFERENDUM PETITION AGAINST AN ORDINANCE PASSED BY THE CITY COUNCIL—ORDINANCE NO. 3436 EXTENDING USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN-PIER CONSTITUENT AREA OF THE REDEVELOPMENT PROJECT AREA- INTRODUCTION OF ORDINANCE NO. 3450 REPEALING ORDINANCE NO. 3436 -APPROVED (620.30) The City Council considered a communication from the City Clerk submitting the City Clerk's report of certification of sufficiency of referendum petition to the City Council. The County Registrar of Voters Certificate as to Verification of Signatures on Petition dated December 3, 1999 is submitted. Said certificate sets forth that said petition contains the required number of verified signatures, 876 12/06/99—Council/Agency Minutes —Page 12 having not less than 10%, causing the effective date of the ordinance to be suspended, and for the City Council to reconsider Ordinance No. 3436. The City Council may entirely repeal the ordinance against which the referendum petition is filed. The City Council may call a special election (March 7, 2000) to submit Ordinance No. 3436 to the voters or may submit the ordinance at the next General Municipal Election on November 7, 2000. Earlier in the meeting, the City Clerk had announced that the following late communications on this item had been provided to the City Council: Communication from the City Attorney dated December 6, 1999 titled Agenda Item F-3, City Council Meeting of December 6, 1999 Referendum Election and Council Eligibility to Participate. (City Council) City Clerk's Certification of Results to City Council of Sufficiency of Referendum Petition Against an Ordinance Passed by the City Council — Ordinance No. 3436 Extending Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier Constituent Area of the Redevelopment Project Area Nine page slide show presentation of photographs and sketches from the Economic Development Director dated December 6, 1999. Due to a conflict of interest Mayor Garofalo excused himself from participation in this portion of the meeting and turned the meeting over to Mayor Pro Tern Harman. Councilmebers Julien and Bauer also excused themselves from participation due to a conflict of interest. City Attorney Hutton clarified that Council has an option to repeal Ordinance No. 3436 by adopting Ordinance No. 3450. She stated that another option is that an election can be held on March 7, 2000 if the election is called at this meeting. If neither of these two options are taken by the City Council the matter would be set before the voters at the November 7, 2000 General Municipal Election. City Attorney Hutton further informed Council that to place this item on the ballot would require four votes as it constituted an expenditure of money for the extra amount of funds necessary to pay the County Registrar of Voters. She stated that all members of the City Council may participate in the vote to place the matter on the ballot. She referred to Section 500 of the City Charter. City Administrator Silver stated that this referendum affects only El Don Liquor Store and Papa Joe's Pizza, constituting ten residential rentals. He referred to photographs and a map on the wall behind the City Council chairs. CouncilmembeF Harman clarified his understanding of the options available to Council. Councilmember Dettloff urged Councilmembers to repeal Ordinance No. 3436 and presented reasons including that there may be only one property affected if the other property is currently in negotiation. She stated that the other property will not have that great of an effect on the project and she hopes that negotiations can be held with that property owner. 877 1216/99 - Council/Agency Minutes -Page 13 A motion was made by Dettloff, second Sullivan to repeal Ordinance No. 3436 by approving introduction of Ordinance No. 3450— An Ordinance of the City of Huntington Beach Repealing Ordinance No. 3436. Said Ordinance Had Approved and Adopted an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier Constituent Area of the Project Area." Councilmember Green spoke regarding the reasons why he will vote for this motion to repeal Ordinance No. 3436. Following a reading by title by the City Clerk of Ordinance No. 3450, the motion made by Dettloff, second Sullivan to approve introduction of Ordinance No. 3450 carried by the following roll call vote: AYES: Sullivan, Harman, Green, Dettloff NOES: None ABSENT: None ABSTENTIONS: Bauer, Julien, Garofalo (CITY COUNCIL) APPROVED ADOPTION OF ORDINANCE NO. 3448— ESTABLISHES SPEED LIMITS ON CERTAIN STREETS—(NEWLAND STREET FROM ADAMS AVENUE TO WARNER AVENUE) (ORANGE AVENUE FROM 17T" STREET TO GOLDENWEST STREET) (EDWARDS STREET FROM CITY LIMIT TO GARFIELD AVENUE1 (580.60)— Ordinance No. 3448 — 'An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Pertaining to Speed Limits." Street Limits Current MPH Proposed MPH Newland Street Adams Ave. to Warner Ave. 50 45 Orange Avenue 17`h St. to Goldenwest St. 40 30 Edwards Street City Limit to Garfield Ave. 40-50 40 A motion was made by Garofalo, second Harman to adopt Ordinance No. 3448 after the City Clerk reads by title. The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT:. None 878 12/06/99— Council/Agency Minutes — Page 14 (CITY COUNCIL) APPROVED RE-ADOPTION OF AMENDED ORDINANCE NO. 3433— APPROVING ZONING TEXT AMENDMENT NO. 98-4 (DOWNTOWN OUTDOOR DINING WITH ALCOHOL) (450.20) A motion was made by Garofalo, second Dettloff to approve the re-adoption of amended Ordinance No. 3433 after the City Clerk reads by title - "An Ordinance of the City Council of the City of Huntington Beach Amending the Downtown Specific Plan by Amending Section 4.2.33 Thereof Titled "Outdoor Dining." (When the City Council approved the second reading of Ordinance No. 3433 on August 16, 1999, the ordinance at that time had not been amended to reflect two modifications approved by Council on August 2, 1999, at the time the ordinance was introduced. Ordinance No. 3433 has now been revised to reflect those two modifications and requires a second reading for re-adoption.) The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff NOES: Bauer ABSENT: None CITY COUNCIL) ADOPTED RESOLUTION NO. 99-104 ADOPTING LOCAL COASTAL PROGRAM AMENDMENT NO. 99-4 & REQUESTING ITS CERTIFICATION BY THE CALIFORNIA COASTAL COMMISSION (RELATIVE TO ORDINANCE NO. 3433— DRINKING ALCOHOL IN OUTDOOR DINING AREAS/PUBLIC PLACES) (450.20) The City Council considered a communication from the Planning Director transmitting proposed Resolution No. 99-104 adopting Local Coastal Program Amendment No. 99-4 and requesting its certification by the California Coastal Commission (Relative to Ordinance No. 3433— Drinking Alcohol in Outdoor Dining Areas/Public Places. Earlier in the meeting, the City Clerk had announced that the following late communication on this item had been provided to the City Council: Communication from the Planning Director dated December 6, 1999 titled Local Coastal Program Amendment No. 99-4 and "Exhibit A"to Resolution No. 99-104. A motion was made by Sullivan, second Dettloff to adopt Resolution No. 99-104 - "A Resolution of the City Council of the City of Huntington Beach, California Adopting Local Coastal Program Amendment No. 99-4 and Requesting Its Certification by the California Coastal Commission". The motion carried by the following roll call vote: AYES: Julien, Sullivan, Harman, Garofalo, Green, Dettloff NOES: Bauer ABSENT: None 879 Council/Agency Meeting Held: Deferred/Continued to: -� ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signatu Council Meeting Date: Department ID Number: December 6, 1999 / CK 99-09 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS SUBMITTED BY: CONNIE BROCKWAY, CITY CLERK PREPARED BY: CONNIE BROCKWAY, CITY CLERK SUBJECT: City Clerk's Certification of Results to City Council of Sufficiency of Referendum Petition Against an Ordinance Passed by the City Council (Ordinance No. 3436 Extending Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier Constituent Area of the Redevelopment Project Area) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) Statement of Issue: Pursuant to State Elections Code S. 9114 the City Clerk's report of certification of sufficiency of referendum petition is submitted to the City Council. The County Registrar of Voters Certificate as to Verification of Signatures on Petition dated December 3, 1999 is submitted. Said certificate sets forth that said petition contains the requisite number of verified signatures having not less than 10%, causing the effective date of the ordinance to be suspended, and for the City Council to reconsider Ordinance No. 3436. The City Council may entirely repeal the ordinance against which the referendum petition is filed. The City Council may call a special election to submit Ordinance No. 3436 to the voters.(A call for special election at this meeting will meet the deadline to place the measure on the March 7, 2000 ballot. The Council may submit the ordinance at the next General Municipal Election on November 7, 2000. Funding Source: There is minimal cost for this measure to be placed on the currently scheduled March 7, 2000 Special Election or the November 7, 2000 General Municipal Election. F..., -3 REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: Available Actions Pursuant to the State Elections Code (A) Repeal Ordinance No. 3436 in its entirety, against which the petition is filed, by approving introduction of Ordinance No. 3450 — "An Ordinance Of The City Of Huntington Beach Repealing Ordinance No. 3436. Said Ordinance Had Approved And Adopted An Amendment To The Redevelopment Plan For The Huntington Beach Redevelopment Project To Extend The Use Of Eminent Domain For Residential Property In A Limited Portion Of The Main-Pier Constituent Area Of The Project Area." Motion to: Approve introduction of Ordinance No. 3450 after reading by title by the City Clerk. or (B) Submit Ordinance No. 3436 to the voters at the General Municipal Election on November 7, 2000. or (C) Submit Ordinance No. 3436 at a special municipal election called for the purpose. A March 7, 2000 special municipal election will require adoption of the following resolutions: 1. Resolution No. 99-106 — `A Resolution Of The City Council Of The City Of Huntington Beach, California, Calling And Giving Notice Of The Holding Of A Special Municipal Election On Tuesday, March 7, 2000, For The Submission To The Qualified Voters The Question Raised By Referendum Petition Regarding Whether Ordinance No. 3436 Shall Become Effective. Said Ordinance Approves And Adopts An Amendment To The Redevelopment Plan For The Huntington Beach Redevelopment Project To Extend The Use Of Eminent Domain For Residential Property In A Limited Portion Of The Main-Pier Constituent Area Of The Project Area." Shall Ordinance No. 3436, Amending Ordinance No. 3343 of YES the City of Huntington Beach and Approving and Adopting an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main NO Pier Constituent Area of the Project Area be Adopted? CK99009 -2- 12/03/99 3:46 PM JANICE M. MITTERMEIER County Executive Officer 4 V N T V O F ROSALYN LEVER 2 1 Registrar of Voters 5 3 A N G E Mailing o.Box 11298: Santa Ana,California 92711 REGISTRATION & ELECTIONS DEPARTMENT 1300 South Grand Avenue,Bldg.C Santa Ana,California 92705 (714)567-7600 TDD(714)567-7608 FAX(714)567-7627 December 3, 1999 Connie Brockway City Clerk City Hall 2000 Main Street Huntington Beach, California 92648 Dear Ms. Brockway: Enclosed is our Certificate as to Verification of Signatures for the Referendum Petition for Ordinance No. 3436. If you need further information, please call me at 567-7567. Very truly yours, Suzanne Slupsky Election Section Supervisor Enc. CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON REFERENDUM PETITION State of Califomia) )SS. County of Orange) I, Rosalyn Lever, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the attached petition submitted to the City of Huntington Beach entitled "Referendum Against Ordinance 3436." 1 further certify that from said examination I have determined the following facts regarding this document: Number of signatures examined: 14,689 Number of signatures verified: 10,533 Number of signatures found invalid: 4,156 Number of signatures found invalid because of being duplicates 256 WITNESS my hand and Official Seal this 3rd day of December, 1999. pppp000000aooQ000O oo°o° �c�Zt3AR 0�Lp°O°oo Opp 000 ° 0°".0 O00 l� O O� o 0 �O O o 0 0° 4 0 O O 10 0 O ° p O 0 ° O o� o ° otJ Do 0 o OdCi, J o `Co p Oo� ° °04®' 0� ROSALYN LEVER k, °°°°°°,°°°°°°°°°°° °o Registrar of Voters °Pd00°®000aofl000° o County of Orange REQUEST FOR ACTION MEETING DATE: DEPARTMENT ID NUMBER: 2. Resolution No. 99-107 - "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 March 7, 2000, With The Statewide Primary Election To Be Held On The Date Pursuant To §10403 Of The Elections Code." 3. Resolution No. 99-108 - Setting Priorities for Filing A Written Argument Regarding A City Measure, and Directing City Attorney to Prepare Impartial Analysis - `A Resolution Of The City Council Of The City Of Huntington Beach, California Setting Priorities For Filing Written Argument Regarding A City Measure And Directing The -City Attorney To Prepare An Impartial Analysis." Available Motions: a. Adopt Resolution .No. 99-108 after authorizing and naming no more than five Councilmembers to file a written argument in favor of the proposed ordinance. or b. Adopt Resolution No. 99-108 as amended, of to direct the City Attorney to prepare an impartial analysis. or c. Do not adopt any part of Resolution No. 99-108 which would result in no impartial analysis, nor authorized Councilmembers to file an argument in favor. Analysis: The Referendum Petition Against an Ordinance Adopted by the City Council (Ordinance No. 3436 - An Ordinance Amending Ordinance No. 3343 Of The City Of Huntington Beach And Approving And Adopting An Amendment To The Redevelopment Project To Extend The Use Of Eminent Domain For Residential Property In A Limited Portion Of The Main-Pier Constituent Area Of The Project Area has qualified for submission to the voters. Environmental Status: N/A Attachments City Clerk's Page Number No. Description 1 1. State Elections Code-Article 2 Referendum 2. State of California Elections Code Section 13119 3. Certificate as to Verification of Signatures by Registrar of Voters 4. Ordinance No. 3450 5. Resolution Nos. 106, 107 and 108 RCA Author: Connie Brockway, City Clerk CK99009 -3- 12103199 3:46 PM ATTAC H M E NT 1 Chapter 3. Municipal Elections 9236. 9225. Conditions for special election; consolidation with regular election. When a special election is to be called under this article, it shall be held not less than SS nor more than 103 days after the date of the presentation of the proposed ordinance to the legislative body, and shall be held in accor- dance with this code.To avoid holding more than one special election within any ISO-day period, the date for holding the special election may be fixed later than 103 days,but at as early a date as practicable after the expiration of ISO days from the last special election. When it is legally possible to hold a. special election under this chapter within 180days prior to a ieetrla� al election, the legislative body may submit the proposed ordinance at the regular election instead of at a special election. . (Amended by Stats. 1996, c. I143,§15.5.) 9226. Scope of article. This article does not apply to any statewide initiative measure. (Added by Stats. 1994, c. 920,§2.) Article 2.Referendum 9235. Date ordinance becomes effective. No ordinance shall become effective until 30 days from and after the date of its final passage, except: (a)An ordinance calling or otherwise relating to an election. (b) An ordinance for the immediate preservation of the public peace, health, or safety that contains a declaration of, and the facts constituting, its urgency and is passed by a four-fifths vote of the city council. (c)Ordinances relating to street improvement proceedings. (d)Other ordinances governed by particular provisions of state law pre- scribing the manner of their passage and adoption. (Added by Stats. 1994, e.920,§2.) 9236. Time ordinance becomes effective;when ordinance subject to referendum. (a)Notwithstanding Section 9235, ordinances authorizing the issuance of revenue bonds by a city as part of a joint powers entity pursuant to Section 6547 of the Government Code shall not take effect for 60 days. (b)When the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the city described in sub- division(a)exceeds 500,000,the ordinance is subject to referendum upon pre- sentation of a petitionbearing signatures of at least5 percent of the entire vote cast within the boundaries of the city for all candidates for Governor at the last gubernatorial election.When the number of votes cast for all candidates for Governor at the last gubernatorial election within the boundaries of the city is less than 500,000,the ordinance is subject to referendum upon presen- tation of a petition bearing signatures of at least 10 percent of the entire vote cast within the boundaries of the city for all candidates for Governor at the last gubernatorial election. (c)For the purpose of submitting the question to the voters pursuant to subdivision(b), the ballot wording shall approximate the following: "Shall the (city name),as a member of the (joint powers entity name), authorize the issuance of revenue bonds by the joint powers entity in the amount of$ pursuant to ordinance number 269 1999 9236. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS dated the bonds to be used for the following pur- poses and to be redeemed in the following manner: (Added by Stats. 1994,c. 920,§2.) 9237. Petition to reconsider ordinance. If a petition protesting the adoption of an ordinance and circulated by any qualified registered voter of the city,is submitted to the elections official of the legislative body of the city in his or her office during normal office hours, as posted, within 'DO days of the adoption of the ordinance, and is signed by not less than 10 percent of the voters of the city' according to the county elections official's last official report of registration to the Secretary-of State,or,in a city with 1,000 or less registered voters,is signed by not less than 23 percent of the voters or 100 voters of the city whichever is the lesser, the effective date of the ordinance shall be suspended, and the legislative body shall reconsider the ordinance. (Added by Stats. 1994,c. 920,§2.) _ 9238. Referendum form;affidavit of circulator. (a)Across the top of each page of the referendum petition there shall be printed the following: "Referendum Against an Ordinance Passed by the City Council" (b)Each section of the referendum petition shall contain(1)the identify- ing number or title,and(2)the text of the ordinance or the portion of the ordi- nance that is the subject of the referendum. The petition sections shall be designed in the same form as specified in Section 9020. (c)Each section shall have attached thereto the declaration of the person soliciting the signatures.This dEclaration shall be substantially in the same form as set forth in Section 9022,except that the declaration shall declare that the circulator is a voter of the city and shall state his or her residence address at the time of the execution of the declaration. (Added by Stats. 1994,c. 920,§2.) 9239. Petition filing and examination of signatures. Petitions shall be accepted for filing by the elections official and the deter- urination of the number of signatures thereon shall be made by the elections official in accordance with Section 9210.Petitions shall be filed with the elec- tions official of the legislative body of the city in his or her office during nor- mal office hours, as posted. (Added by Stats. 1994,e.920,§2.) 9240. Petition filing and examination of signatures. After the petition has been filed as herein provided,the elections official shall examine the petition and certify the results in the same manner as are county petitions in Sections 9114 and 9115 except that,for the purposes of this section,references to the board of supervisors shall be treated as references to the legislative body of the city. (Added by Stats.1994,c.920,§2.) 9241. Ordinance submitted to voters. If the legislative body does not entirely, repeal the ordinance against which the petition is filed,the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election 1999 270 Chapter 3. Municipal Elections 9247. called for the purpose,not less than SS days after the order of the legislative body.The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it.If the legislative body repeals the ordinance or submits the ordinance to the voters,and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters. (Added by Stats. 1994, c.920,§2.) 9242. Filing of petition. _ Signatures upon petitions,and sections thereof,shall be secured,and the petition;together with all sections thereof,shall be filed,within 30 days from the date of the adoption of the ordinance to which it relates.Petitions and sec- tions thereof shall be filed with the elections official of the legislative body of the city in his or her office during normal office hours as posted. Petitions which are not filed within the time permitted by this section shall be void for all purposes. (Added by Stats. 1994,c.920,§2.) 9243. Election regulations. Elections pursuant to this article shall be held in accordance with Sec- tions 9217 to 9225,inclusive. (Added by Stats. 1994,c.920,§2.) 9244. Mayor may veto. Whenever the legislative body of a city has voted in favor of the repeal of an ordinance protested against by the voters, as provided in this article, and the mayor,or like officer,has vetoed the repeal,the failure of the legislative body to pass the repeal over the veto shall be deemed a refusal to repeal the ordinance. (Added by Stats. 1994,c.920,§2.) 9245. Date of approval. If approval of an ordinance by the mayor or like officer is necessary,the date of approval shall be deemed the date of its final passage by the legisla- tive body within the meaning of this article. If an ordinance becomes law when the time for approval onveto has expired,and no action has been taken,the date of the expiration of that time shall be deemed the date of its final passage by the legislative body within the meaning of this article. (Added by Stats. 1994, c. 920,§2.) 9246. Duty imposed upon the legislative body is likewise imposed upon any officer having any duty to perform. Any duty imposed in this chapter upon the legislative body of a'city with regard to calling a municipal election,or in connection with an election called pursuant to this chapter, is likewise imposed upon any officer having any duty to perform connected with the election, so far as may be necessary to carry out this chapter. (Added by Stats.1994,c.920,§2.) 9247. Application of chapter. Article 1(commencing with Section 9200)and this article do not apply to cities having a charter adopted under Section 3 of Article XI of the California 271 1ppp 9247. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS Constitution,and having in their charters any provision for the direct initia- tion of ordinances by the voters;nor to proceedings had for the improvement of streets in or rights-of-way owned by cities, the opening or closing of streets,the changing of grades or the doing of other work, the cost of which, or any portion of the cost which is to be borne by special assessments upon real property. (Added by Stats. 1994, c. 920, §2.) icle 3. City or City and County Chart s 9255. City City and County Charter proposals su mitted to voters. (a)Th ollowing city or city and county charter roposals shall be sub- =- mitted t e voters at either a special election calle for that purpose,at any establi ed municipal election date,or at anj es lished election date pur- e o Section 1000,provided that there area east 88 days before the elec- tl . (1)A charter proposed by a charter ommission,whether elected or ppoulted by a governing body. A char r commission may also submit a charter pursuant to Section 34455 of th overnment Code. (2)An amendment or repeal a charter proposed by the governing body of a city or a city and county its own motion. (3)An amendment or re al of a city charter proposed by a petition signed by 15 percent of the reg' tered voters of the city. (4)An amendment or epeal of a city and county charter proposed by a petition signed by 10 perc t of the registered voters of the city and county. (5)A recodificati of the charter proposed by the governing body on its own motion,prov' ed that the recodification does not,in any manner, substantially change t e provisions of the charter. (b) Charter pro osals by the governing body and charter proposals by petition of the vo rs may be submitted at the same election. (c)The tot number of registered voters of the city or city and county shall be deter ined according to the county elections official's last official report of re stration to the Secretary of State. (Add by Stats.1994, c.920,§2.) 9256 Notice of intent to circulate petition;affidavit of publication. The proponents of a measure proposing to amend a charter shall publish post,or both,a notice of intent to circulate the petition in the same form and manner as prescribed in Sections 9202,9203,9204,and 9205.The proponents shall also file an affidavit prescribed in Section 9206 with the clerk of the legis- lative body of the city,and,with respect to the petition,shall be subject to Sec- tion 9207. (Added by Stats.1994,c.920,§2.) 9257. Petition to contain full text. The petition signed by registered voters of the city or city and countypro- posing an amendment to a charter shall set forth in full the text of the pro- posed amendment,in no less than 10-point type. (Added by Stats.1994, c. 920,§2.) 1999 272 ATTACHMENT 2 13118. DIVISION 13. BALLOTS,SAMPLE BALLOTS, AND VOTER PAMPHLETS (d) In addition to the designated number or numbers that the county elections official shall place on the ballot when the above conditions are met, he or she shall place on the ballot,immediately following the designation of the office and immediately preceding the names of the candidates to be voted upon, the following warning in boldface type: "Warning! There are two(or applicable number) candidates for this office with identical names." This warning shall also be included,in boldface type and in a prominent manner, on any sample ballot, ballot pamphlet, or other mailing sent by the county elections official,prior to the election,to persons eligible to vote for this office. (Added by Stats. 1994, c. 920,§2.) ->13119. Form of ordinance submitted as initiative measure. The ballots used when voting upon a proposed county, city, or district ordinance submitted to the voters of the respective local government as an initiative'lneasure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words"Shall the ordinance(stating the nature thereof)be adopted?"Opposite the statement of the ordinance to be voted on, and to its right,the words"Yes"and"No"shall be printed on separate lines, with voting squares.If a voter stamps a cross(+)in the voting square after the printed word"Yes,"his or her vote shall be counted in favor of the adoption of the ordinance.If he or she stamps a cross(+)in the voting square after the printed word "No," his or her vote shall be counted against its adoption. (Added by Stats. 1994, c. 920,§2.) 13120. Form of statute submitted as a referendum measure. The ballots used when voting upon a state,county,city,or district statute or ordinance referred to the voters of the respective jurisdiction as a referen- dum measure pursuant to Division 9 (commencing with Section 9000)shall have printed on them the words"Shall the statute(or ordinance)(stating the nature thereof, including any identifying number or title) be adopted?" Opposite the statement of the statute or ordinance to be voted on and to its right,the words"Yes"and"No"shall be printed on separate lines,with vot- ing squares.If a voter stamps a cross(+)in the voting square after the printed word "Yes,"his or her vote shall be counted in favor of the adoption of the ordinance or statute.If he or she stamps a cross(+)in the voting square after the printed word"No,"his or her vote shall be counted against its adoption. (Added by Stats. 1994, c. 920,§2.) 13121. Ballot format. Notwithstanding any other provision of this code, the county elections official conducting any school election shall not be required to provide more than one ballot to the same voter for the purpose of voting on separate propo- sitions at the same election.However,no voter shall be presented with a bal- lot containing a proposition on which he or she is not entitled to vote by reason of not residing within the district or area affected by the proposition. (Added by Stats. 1994, c. 920,§2.) Chapter 3.Ballot Printing Specifications Article 1.General Provisions 13200. Disqualification of ballots. Ballots not printed in accordance with this chapter shall not be cast nor counted at any election. (Added by Stats. 1994,c. 920,§2.) 1999 376 ATTACH ME NT 3 JANICE M. MITTERMEIER County Executive Officer r 4 U N T Y O F R05ALYN LEVER 2 Registrar of Voters -1 Mailing Address: 5 3 AN G E P.O.Box 11298 Santa Ana,California 92711 �. REGISTRATION & ELECTIONS DEPARTMENT 1300 South Grand Avenue,Bldg.C �i Santa Ana,California 92705 (714)567-7600 TDD(714)567.7608 FAX(714)567-7627 December 3, 1999 _:Connie Brockway.._ City Clerk City Hall 2000 Main Street Huntington Beach, California 92648 Dear Ms. Brockway: Enclosed is our Certificate as to Verification of Signatures for the Referendum Petition for Ordinance No. 3436. If you need further information, please call me at 567-7567. Very truly yours, Suzanne Slupsky Election Section Supervisor Enc. CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON REFERENDUM PETITION State of California) )SS. County of Orange) I, Rosalyn Lever, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the attached petition submitted 4o the City of Huntington Beach entitled "Referendum Against Ordinance 3436." I further certify that from said examination I have determined the following facts regarding this document: Number of signatures examined: 14,689 Number of signatures verified: 10,533 Number of signatures found invalid: 4,156 Number of signatures found invalid because of being duplicates 256 WITNESS my hand and Official Seal this 3rd day of December, 1999. IRAR OF r a r Y � • • r :;��•'; 4.\ ROSALYN LEVER �'•��'fi�;••.,,,,,,,•.••''titi��•'� Registrar of Voters '►,,,0l+N Ty���;.+�` County of Orange ATTACHMENT 44:] w : ORDINANCE NO. 3450 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ORDINANCE NO. 3436. SAID ORDINANCE HAD APPROVED AND ADOPTED AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN-PIER CONSTITUENT AREA OF THE PROJECT AREA. WHEREAS,-the City Council of the City of Huntington Beach on October 18, 1999, adopted Ordinance No. 3436 amending Ordinance No. 3343 of the City of Huntington Beach and approving and adopting an amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to extend the use of Eminent Domain for residential property in a limited portion of the Main-Pier constituent area of the project area; and The ordinance was published as required by City Charter; and Pursuant to authority provided by Division 9, Chapter 3, Article 2 (commencing at § 9235) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Huntington Beach signed by more than ten percent of the registered voters of the City to repeal the ordinance or submit it to a vote of the voters; and The City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and The City Council is authorized pursuant to Election Code Section 9241 to repeal the ordinance or submit it to the voters; NOW,THEREFORE,the City Council of the City of Huntington Beach, California, does ordain that Ordinance No. 3436(attached as Exhibit A) is repealed. This Ordinance shall become effective thirty(30) days after its adoption. 1 SFA SF-990rdinance:Repeal No.3436 12/03/99-#l PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1999. Mayor ATTEST: APPROVED TO FORM: City Clerks City Attorney f �L3� y INITIATED AND APPROVED: City Clerk 2 SF/s:SF-990rdinance:Repeal No.3436 12/03/99-#1 ORDINANCE NO. 3436 AN ORDINANCE AMENDING ORDINANCE NO. 3343 OF THE CITY OF HUNTINGTON BEACH AND APPROVING AND ADOPTING ANT AMENDMENT TO THE REDEVELOPMENT PLANT FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN-PIER CONSTITUENT AREA OF THE PROJECT AREA WHEREAS, the City Council of the City of Huntington Beach (the "City Council") adapted Ordinance;Ko. 3343 on December 16, 1996 which merged and amended the redevelopment plans for the Huntington Center, Main-Pier, Oakview, Talbert Beach and Yorktown Lake Redevelopment Projects as incorporated into the Redevelopment Plan for the Huntington Beach Redevelopment Project (the "Redevelopment Plan"); and The City Council now desires to amend the Redevelopment Plan to extend the use of eminent domain for residential property within a limited portion of the Main-Pier Constituent Area of the Project Area; and The Agency has formulated and prepared an Amendment to Redevelopment Plan for the Huntington Beach Redevelopment Project (the Amendment ) which provides for the extension of such use of eminent domain as described in and attached to this Ordinance as Exhibit "A" and incorporated herein by this reference; and In accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., ("CEQA"), the Guidelines for Implementation of the California Environmental Quality Act and environmental procedures adopted by the Agency pursuant thereto, the Agency prepared and approved a Negative Declaration for the proposed Amendment; and The Planning Commission made its Report and Recommendation on the proposed Amendment Plan; and The Agency submitted the proposed Amendment to the City Council, together with the Report to the City Council which includes: the reasons for amending the Redevelopment Plan and a description of specific projects proposed and how these projects will improve or alleviate blighting conditions found in the Project Area; a description of physical and economic conditions existing in the Project Area; provisions relating to a five year implementation plan; an explanation of why the elimination of blight and redevelopment of the Project Area cannot reasonably be expected to be accomplished by private enterprise acting alone or by the use of financing alternatives other an tax increment; the proposed method of financing the redevelopment of the Project Area; a method and plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities as a result of the - 1 — SF-990rdinance:Amd3343 03i 26/99-r t \a\ ord. 3Y-2 proposed Amendment; an analysis of the Preliminary Plan; the Report and Recommendation of the Planning Commission; a report of the Project Area Committee; the Negative Declaration; provisions relating to the report of the County Fiscal Officer and the Agency's analysis thereof, a summary of consultations with taxing agencies; and a Neighborhood Impact Report; and The City Council and the Agency held a joint public hearing on Augilstl6,1999 to consider the approval and adoption of the proposed Amendment for the Project Area; and Notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of Huntington Beach as required by law prior to the date of said hearing, and a copy of said notice and affidavits of publication are on file with the City Clerk; and The City Council has considered the proposed Amendment, the Agency's Report to the -C-jty Council, other=recommendations of the Agency, the Report and Recommendation of the Planning Commission, the Report of the PAC, and the Negative Declaration; has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for and against any and all aspects of the proposed Amendment; and has responded in writing to each written objection of each affected property owner or taxing entity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of the City Council with respect to the Amendment is to extend provisions for the use of eminent domain for residential property within a limited portion of the Main-Pier Constituent Area of the Project Area, in order to achieve the goals and objectives for the Project Area as set forth in Section 1 of Ordinance No. 3343. SECTION 2. The "Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project," and such other documents as are incorporated therein by reference, is hereby approved and adopted and is hereby incorporated in this Ordinance by reference and made a part hereof, and the Redevelopment Plan as amended by this Amendment is hereby designated, approved, and adopted as the official redevelopment plan for the Huntington Beach Redevelopment Project Area. SECTION 3. The City Council hereby finds and determines, based on substantial evidence in the record including, but not limited to, the Agency's Original Report to Council for the Project, the Agency's Report for this Amendment, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amendment, and as described in Ordinance No 3343, that: a. The Project Area and the portion thereof affected by the Amendment continues to be blighted, to the extent not redeveloped, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et secl.). SF-990rdinance:Amd33.33 08/26/99-#l Oro( 3g36 b. The Redevelopment Plan, as amended, will redevelop the Project Area in conformity with the California Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. C. The adoption and carrying out of the Redevelopment Plan, as amended, is economically sound and feasible. d. The Redevelopment Plan, as amended, conforms to the General Plan of the City, including,but not limited to, the Housing Element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. e. The carrying out of the Redevelopment Plan, as amended, will promote the public -_ peace,health, safety and welfare of the City, and will effectuate the purposes and policies of the Community Redevelopment Law. f. The condemnation of real property, as provided for in the Amendment, is necessary to the execution of the Redevelopment Plan, as amended„ and adequate provisions have been made for the payment for property to be acquired as provided by law. 2. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from the Project Area. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to the Community Redevelopment Law. The Agency has a comprehensive program for the relocation of persons, families, businesses or tenants displaced by Agency project activities. When such displacement occurs, the Agency will provide persons, families,business owners and tenants displaced by Agency activities with monetary and advisory relocation assistance consistent with the California Relocation Assistance Law (Government Code, Section 7260 et seq.),the State Guidelines adopted and promulgated pursuant thereto, Relocation Assistance Rules adopted by the Agency and the provisions of the Redevelopment Plan, as amended,. h. There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to displaced families and persons and reasonably accessible to their places of employment. Dwelling units housing persons and families of low- or moderate-income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to provisions of the Community Redevelopment Law. No person or family will be required to move from any dwelling unit until suitable g� -3 SF-990rdinance:Amd3343 03/26!99-F:1 o ray 34 a36 relocation housing is available for occupancy, and that such housing must meet the standards established in State law and regulations. In addition, the Agency's program includes provisions for the replacement of low and moderate income housing removed from the market as a result of Agency activities. i. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. The continued existence of blighting influences, including deterioration, dilapidation, multiple ownerships, and the lack of adequate public improvements and facilities, and the inability of individual owners and developers to economically remove these and the other blighting influences requires substantial assistance of the Agency. The private sector investment in the Project Area will require significant public sector subsidy. Acting alone, the private sector has not been willing or able to stem or reverse the conditions of blight. In order to correct these physical and economic conditions, the Agency needs additional power to acquire property through the use of eminent domain necessary to complete the eradication of blight within the Project Area. j. The Project Area is a predominantly urbanized area as defined in the Community Redevelopment Law. k. The City Council is satisfied that permanent housing facilities will be available within three (3) years from the time occupants of the Project Area are displaced, and pending the development of the facilities there will be available to displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. SECTION 4. All written and oral objections to the Amendment filed with and presented to the City Council and all written responses thereto, have been considered by the City Council at the time and in the manner required by law, and such written and oral objections are hereby overruled. SECTION 5. Section 3.f.ii of Ordinance No. 3343 is hereby amended as follows: ii. Within the Main-Pier Area (Original and Added), and except as to those properties which lie within the Eminent Domain Overlay Area as shown on Exhibit E to the Redevelopment Plan as amended, the Agency shall not have the authority to acquire,by condemnation,property on which persons legally reside. SECTION 6. In order to implement and facilitate the implementation of the Redevelopment Plan, as amended, as hereby approved, this City Council hereby declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Huntington Beach tinder the provisions of the Redevelopment Plan, as amended. -4— SF-990rdinance:Amd3343 (i 08/26.99-n l �O�p ` 6 SECTION 7. Except as provided in this Ordinance, all findings and other provisions of Ordinance No. 3343 shall remain in full force and effect with respect to the Project Area. SECTION 8. If any part of this Ordinance or the Amendment which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, as amended, and this Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Redevelopment Plan, as amended, if such invalid portion thereof had been deleted. SECTION 9. This Ordinance shall become effective thirty(30) days after its adoption. - PASSED AIUD ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of October , 1999. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: CA2=� Awd �' e City dministrator erector of Economic Development SF-990rdinance:Amd3343 08/26/99-#I \ �o EXHIBIT A TO ORDINANCE NO. 3436 1999 AMENDMENT TO THE HUNTINGTON BEACH REDEVELOPMENT PLAN Q1o\"�1 ,3f3 b 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT The merged Redevelopment Plan for the Huntington Beach Redevelopment Project, adopted on December 16, 1996 by Ordinance 3343 (the "Plan"), is hereby amended as follows: Table of Contents (second page) of the Plan is hereby amended to read as follows: "Exhibit A: Project Area Maps Exhibit B: Legal Descriptions Exhibit C: Public Facilities and Infrastructure Improvements Projects Exhibit D: Oakview Public Acquisition Map Exhibit E Main Pier Residential Eminent Domain Overlay Map Section 101 (page-1) of the Plan is hereby amended to read as follows: "SECTION I. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the Huntington Beach Redevelopment Project ("Plan"), located in the City of Huntington Beach, County of Orange, State of California. It consists of the text (Sections 100 through 1200), the Project Area Map of Huntington Beach Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and infrastructure improvement projects (Exhibit C), and a map of the properties potentially subject to acquisition by eminent domain within the Oakview Area (Exhibit D). and a map of the properties on which any persons legally reside which are potentially subject to acquisition by eminent domain within the Original and Added Main-Pier Areas (Exhibit E) [No fiirther revisions to this section.] Section 603 (page 8) of the Plan is hereby amended to read as follows: "B. (602) Property Acquisition 1. (603) Acquisition of Real Property Without limitation, the Agency may acquire real property, any interest in property, and any improvements on such property by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option,bequest, or devise. In addition, the Agency may acquire real property, any interest in property, and any improvements on such property by eminent domain, with the following exceptions: 1 10/11/99 tihch\99amenalnxntV nYtultext a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall not have the authority to acquire property by eminent domain, b. Within the Original Main-Pier Area and Added Main-Pier Area, the Agency shall not have the authority to acquire, by eminent domain, property on which any persons legally reside unless such property is located within the Main-Pier Residential Eminent Domain Overlay Area as shown on Exhibit E; and this new limitation shall supersede any and all previous limitations on the Agency's powers of eminent domain within the Original and Added Main- Pier Areas including, but not limited to, Resolution No. 48, and c. Within the Oakview Area, the Agency shall not have the authority to acquire, by eminent domain, property which is excluded from the Oakview Public Acquisition Map, incorporated herein as Exhibit D. previ�ed by law, no emiinent domain pr-eeeeding to aequir-e property within the prc�;eet Area shall be n ,�v,oneed_aft�_twelve (12) roars fell owing ing the mate e r yr�rc..-r7---�c,,.-�r,,cz twelve a adoption of the er-dinanee adopting, this Flan. With r. et to t;es_;dentif;identified — en �t .u c z e:iY�crco=�'rvgc-n-rc�Tacrrcm ca b Area shall'�Eon-ffneneed aAer- twelve (12) years-followii b-try-5, 1999 adeption of O,dinanee NE). 3002, amending the Re ...lepme„r Plan fE,r the galwiew Redevelopment Wejeet. This -Plan does not ainend, or- ethevvise ehange, the b The time limitations on the commencement of eminent domain shall be as follows: 1) Properties sub}ect to eminent domain within the Oakview Area - no eminent domain action shall commence after July 5, 2001. 2) Properties within the Main-Pier Residential Eminent Domain Overlay Area (Exhibit E) - no eminent domain action shall commence after 2011. 3) All other areas subject to eminent domain by this Plan - no eminent domain action shall commence after December 16, 2008. Such time limitations may be extended only by amendment of this Plan. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 605 to 609, inclusive of this Plan and applicable provisions of the Redevelopment Law." huutbch\99�nd n6ir ndt"t 2 1. EXHIBIT E MAIN-PIER RESIDENTIAL EMINENT DOMAIN OVERLAY Q�� MAIN-PIER RESIDENTIAL EMINENT DOMAIN OVERLAY AREA ..... e �g4- �PQr� September 20, 1999 J c, lkoe- 4 LAP'::,i% GO L •GP ACACIA AVE. ..::::......:.:: O Q v ho QFE'P w 4 • PECAN AVE. > ;. ORANGE AVE. OLIVE AVE. ': H y V�Z[ O Z X _' < �-' V1 in WALNUT AVE. £ # E £; 3£ �.. :€ �•is a ; a a PACIFIC COAST HIGHWAY r.� W : �' PACIFIC OCEAN p� Ord. No. 3436 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 ordinance was read to said City Council at a regular meeting thereof held on the 20th day of September, 1999, and was again read to said City Council at a regular meeting thereof held on the 18th day of October, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff,Harman, Sullivan NOES: None ABSENT: Julien ABSTAIN: Bauer, Garofalo 1,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on a 19 In accordance with the City Charter of said City City Clerk and ex-officio C erk Connie Brockwav City Clerk of the City Council of the City Deputv City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 10/19/99 ATTAC H ME NT 5 RESOLUTION NO. 99-106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 7, 2000, FOR THE SUBMISSION TO THE QUALIFIED VOTERS THE QUESTION RAISED BY REFERENDUM PETITION REGARDING WHETHER ORDINANCE NO. 3436 SHALL BECOME EFFECTIVE. SAID ORDINANCE APPROVES AND ADOPTS AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAIN- PIER CONSTITUENT AREA OF THE PROJECT AREA. WHEREAS,the City Council of the City of Huntington Beach on October 18, 1999, adopted Ordinance No. 3436 amending Ordinance No. 3343 of the City of Huntington Beach and approving and adopting an amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to extend the use of Eminent Domain for residential property in a limited portion of the Main-Pier constituent area of the project area; and The ordinance was published as required by City Charter; and Pursuant to authority provided by Division 9, Chapter 3, Article 2 (commencing at § 9235) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Huntington Beach signed by more than ten per cent of the registered voters of the city to repeal the ordinance or submit it to a vote of the voters; and The City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and The City Council has not voted in favor of the repeal of the ordinance; and The City Council is authorized and directed by statute to submit the ordinance to the voters; 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 laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, March 7, 2000, a Special Municipal Election for the purpose of submitting the following ordinance: 1 SF/s:SF-99Resolutions:Notice of Special Election Shall Ordinance No. 3436, Amending Ordinance No. 3343 of the City of Huntington Beach and Approving YES and Adopting an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier NO Constituent Area of the Project Area be Adopted? SECTION 2. That the text of the ordinance 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 4. 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 5. That the polls 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 §14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 2 SF/s:SF-99Resolutions:Notice of Special Election PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 1999. Mayor ATTEST: APPROVED AS TO FORM: A, e�� City Clerk G�-/d City Attorney S r' /2 -3—`l 1L13�`9 INITIATED AND APPROVED: City Clerk 3 SF/s:SF-99Resolutions:Notice of Special Election EXx, ^ �� ORDINANCE NO. 3436 AN ORDINANCE AMENDING ORDINANCE NO. 3343 OF THE CITY OF HUNTINGTON BEACH AND APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLANT FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT TO EXTEND THE USE OF EMINENT DOMAIN FOR RESIDENTIAL PROPERTY IN A LIMITED PORTION OF THE MAINT-PIER CONSTITUENT AREA OF THE PROJECT AREA WHEREAS, the City Council of the City of Huntington Beach (the "City Council") adopted Ordinance No. 3343 on December 16, 1996 which merged and amended the redevelopment plans for the Huntington Center,Main-Pier, Oakview, Talbert Beach and Yorktown Lake Redevelopment Projects as incorporated into the Redevelopment Plan for the Huntington Beach Redevelopment Project (the "Redevelopment Plan"); and The City Council now desires to amend the Redevelopment Plan to extend the use of eminent domain for residential property within a limited portion of the Main-Pier Constituent Area of the Project Area; and The Agency has formulated and prepared an Amendment to Redevelopment Plan for the Huntington Beach Redevelopment Project (the "Amendment")which provides for the extension of such use of eminent domain as described in and attached to this Ordinance as Exhibit "A" and incorporated herein by this reference; and In accordance with the California Environmental Quality Act, Public Resources Code Section 21000 et se ., ("CEQA"), the Guidelines for Implementation of the California Environmental Quality Act and environmental procedures adopted by the Agency pursuant thereto, the Agency prepared and approved a Negative Declaration for the proposed Amendment; and The Planning Commission made its Report and Recommendation on the proposed Amendment Plan; and The Agency submitted the proposed Amendment to the City Council, together with the Report to the City Council which includes: the reasons for amending the Redevelopment Plan and a description of specific projects proposed and how these projects will improve or alleviate blighting conditions found in the Project Area; a description of physical and economic conditions existing in the Project Area; provisions relating to a five year implementation plan; an explanation of why the elimination of blight and redevelopment of the Project Area cannot reasonably be expected to be accomplished by private enterprise acting alone or by the use of financing alternatives other an tax increment; the proposed method of financing the redevelopment of the Project Area; a method and plan for the relocation of families and persons who may be temporarily or permanently displaced from housing facilities as a result of the - 1 - S F-990rdi nance:Amd3343 08/26/99-#1 Ord. 3�26 proposed Amendment; an analysis of the Preliminary Plan; the Report and Recommendation of the Planning Commission; a report of the Project Area Committee; the Negative Declaration; provisions relating to the report of the COUnty Fiscal Officer and the Agency's analysis thereof; a summary of consultations with taxing agencies; and a Neighborhood Impact Report; and The City Council and the Agency held a joint public hearing on Augustl_E;1999 to consider the approval and adoption of the proposed Amendment for the Project Area; and Notice of said hearing was duly and regularly published in a newspaper of general circulation in the City of Huntington Beach as required by law prior to the date of said hearing, and a copy of said notice and affidavits of publication are on file with the City Clerk; and The City Council has considered the proposed Amendment, the Agency's Report to the City Council, otherrecommendations of the Agency, the Report and Recommendation of the Planning Commission, the Report of the PAC, and the Negative Declaration; has provided an opportunity for all persons to be heard and has received and considered all evidence and testimony presented for and against any and all aspects of the proposed Amendment; and has responded in writing to each written objection of each affected property owner or taxing entity. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. The purposes and intent of the City Council with respect to the Amendment is to extend provisions for the use of eminent domain for residential property within a limited portion of the Main-Pier Constituent Area of the Project Area, in order to achieve the goals and objectives for the Project Area as set forth in Section 1 of Ordinance No. 3343. SECTION 2. The "Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project," and such other documents as are incorporated therein by reference, is hereby approved and adopted and is hereby incorporated in this Ordinance by reference and made a part hereof, and the Redevelopment Plan as amended by this Amendment is hereby designated, approved, and adopted as the official redevelopment plan for the Huntington Beach Redevelopment Project Area. SECTION 3. The City Council hereby finds and determines, based on substantial evidence in the record including, but not limited to, the Agency's Original Report to Council for the Project, the Agency's Report for this Amendment, and all documents referenced therein, and evidence and testimony received at the joint public hearing on adoption of the Amendment, and as described in Ordinance No 3343, that: a. The Project Area and the portion thereof affected by the Amendment continues to be blighted, to the extent not redeveloped, the redevelopment of which is necessary to effectuate the public purposes declared in the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.); S F-990rd inance:Amd 3343 08/26/99-#1 Ord 3�L36 b. The Redevelopment Plan, as amended, will redevelop the Project Area in conformity with the California Community Redevelopment Law and in the interests of the public peace, health, safety and welfare. C. The adoption and carrying out of the Redevelopment Plan, as amended, is economically sound and feasible. d. The Redevelopment Plan, as amended, conforms to the General Plan of the City, including, but not limited to, the Housing Element, which substantially complies with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. e. The carrying out of the Redevelopment Plan, as amended, will promote the public peace;health, safety and welfare of the City, and will effectuate the purposes and policies of the Community Redevelopment Law. f. The condemnation of real property, as provided for in the Amendment, is necessary to the execution of the Redevelopment Plan, as amended„ and adequate provisions have been made for the payment for property to be acquired as provided by law. g. The Agency has a feasible method and plan for the relocation of families and persons who might be displaced, temporarily or permanently, from the Project Area. Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to the Community Redevelopment Law. The Agency has a comprehensive program for the relocation of persons, families, businesses or tenants displaced by Agency project activities. When such displacement occurs, the Agency will provide persons, families, business owners and tenants displaced by Agency activities with monetary and advisory relocation assistance consistent with the California Relocation Assistance Law (Government Code, Section 7260 et seq.), the State Guidelines adopted and promulgated pursuant thereto, Relocation Assistance Rules adopted by the Agency and the provisions of the Redevelopment Plan, as amended,. h. There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons who might be displaced from the Project Area, decent, safe and sanitary dwellings equal in number to the number of and available to displaced families and persons and reasonably accessible to their places of employment. Dwelling units housing persons and families of low- or moderate-income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to provisions of the Community Redevelopment Law. No person or family will be required to move from any dwelling unit until suitable SF-990rdinance:Amd3343 08/26/99-R I Oi"a� 3y.36 relocation housing is available for occupancy, and that such housing must meet the standards established in State law and regulations. In addition, the Agency's program includes provisions for the replacement of low and moderate income housing removed from the market as a result of Agency activities. i. The elimination of blight and the redevelopment of the Project Area could not reasonably be expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. The continued existence of blighting influences, including deterioration, dilapidation, multiple ownerships, and the lack of adequate public improvements and facilities, and the inability of individual owners and developers to economically remove these and the other blighting influences requires substantial assistance of the Agency. The private sector investment in the Project Area will require significant public sector subsidy. Acting alone, the private sector has not been willing or able to stem or reverse the conditions of blight. In order to correct these physical and economic conditions, the Agency needs additional power to acquire property through the use of eminent domain necessary to complete the eradication of blight within the Project Area. j. The Project Area is a predominantly urbanized area as defined in the Community Redevelopment Law. k. The City Council is satisfied that permanent housing facilities will be available within three (3)years from the time occupants of the Project Area are displaced, and pending the development of the facilities there will be available to displaced occupants adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement. SECTION 4. All written and oral objections to the Amendment filed with and presented to the City Council and all written responses thereto, have been considered by the City Council at the time and in the manner required by law, and such written and oral objections are hereby overruled. SECTION 5. Section 3.f.ii of Ordinance No. 3343 is hereby amended as follows: ii. Within the Main-Pier Area (Original and Added), and except as to those properties which lie within the Eminent Domain Overlay Area as shown on Exhibit E to the Redevelopment Plan as amended, the Agency shall not have the authority to acquire,by condemnation, property on which persons legally reside. SECTION 6. In order to implement and facilitate the implementation of the Redevelopment Plan, as amended, as hereby approved, this City Council hereby declares its intention to undertake and complete any proceeding necessary to be carried out by the City of Huntington Beach under the provisions of the Redevelopment Plan, as amended. -4— SF-990rdinance:Amd3343 08/26/99-#I ��1 Ord SECTION 7. Except as provided in this Ordinance, all findings and other provisions of Ordinance No. 3343 shall remain in full force and effect with respect to the Project Area. SECTION S. If any part of this Ordinance or the Amendment which it approves is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Redevelopment Plan, as amended, and this Council hereby declares that it would have passed the remainder of the Ordinance or approved the remainder of the Redevelopment Plan, as amended, if such invalid portion thereof had been deleted. SECTION 9. This Ordinance shall become effective thirty(30) days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of October 1999. Mayor ATTEST: APPROVEP AS TO FORM: City Clerk 2 City Attomey REVIEWED AND APPROVED: INITIATED AND APPROVED: 62� - 16,11a �' e City dministrator &irector of Economic Development -5 SF-990rdinance:Amd3343 08/26/99-R I x . pt EXHIBIT A TO ORDINANCE NO. 3436 1999 AMENDMENT TO THE HUNTINGTON BEACH = REDEVELOPMENT PLAN 1999 AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE HU\TTINGTON BEACH REDEVELOPMENT PROJECT The merged Redevelopment Plan for the Huntington Beach Redevelopment Project, adopted on December 16, 1996 by Ordinance 3343 (the "Plan"), is hereby amended as follows: Table of Contents (second page) of the Plan is hereby amended to read as follows: "Exhibit A: Project Area Maps Exhibit B: Legal Descriptions Exhibit C: Public Facilities and Infrastructure Improvements Projects Exhibit D: Oakview Public Acquisition Map Exhibit E: Main-Pier Residential Eminent Domain Overlay Map" Section 101 (pagel) of the Plan is hereby amended to read as follows: "SECTION I. (100) INTRODUCTION A. (101) General This is the Redevelopment Plan for the Huntington Beach Redevelopment Project ("Plan"), located in the City of Huntington Beach, County of Orange, State of California. It consists of the text (Sections 100 through 1200), the Project Area Map of Huntington Beach Redevelopment Project Area ("Project Area") (Exhibit A), the legal description of the Project Area boundaries (Exhibit B), a listing of the proposed public facilities and infrastructure improvement projects (Exhibit C), -H+d a map of the properties potentially subject to acquisition by eminent domain within the Oakview Area (Exhibit D), and a map of the properties on which any persons legally reside which are potentially subject to acquisition by eminent domain within the Original and Added Main-Pier Areas (Exhibit E) „ [No ficrther revisions to this section.] Section 603 (page 8) of the Plan is hereby amended to read as follows: "B. (602) Property Acquisition 1. (603) Acquisition of Real Property Without limitation, the Agency may acquire real property, any interest in property, and any improvements on such property by any means authorized by law including, without limitation, by gift, grant, exchange, purchase, cooperative negotiations, lease, option, bequest, or devise. In addition, the Agency may acquire real property, any interest in property, and any improvements on such property by eminent domain, with the following exceptions: huutbch%99a ndmaut%iurudtext 1 1 flf 1 1/99 Ord 3�36 a. Within the Yorktown-Lake Area and Talbert-Beach Area, the Agency shall not have the authority to acquire property by eminent domain, b. Within the Original Main-Pier Area and Added Main-Pier Area, the Agency shall not have the authority to acquire, by eminent domain, property on which any persons legally reside unless such property is located within the Main-Pier Residential Eminent Domain Overlay Area as shown on Exhibit E; and this new limitation shall supersede any and all previous limitations on the Agency's powers of eminent domain within the Original and Added Main- Pier Areas including, but not limited to, Resolution No. 48, and c. Within the Oakview Area, the Agency shall not have the authority to acquire, by eminent domain, property which is excluded from the Oakview Public Acquisition Map, incorporated herein as Exhibit D. ,. Exeept for- the Oakview Area and as ether-wise pr-evided hefein, er- other-wise .�.rided b In 'r,.+ram nt domain_pfeceedi _te acquire pfepeAy within tlic nag Pr-ejeet Area sha 1 be --neneed af�ef twelve (12) years following the date 4 a en Exhibit D, no eminent demain this Plan. With r-espeet te prepeffies identified followingArea shall be eeR:Hneneed after- twelve (12) years adoption of Ordinanee No. 2, amending, Gal-rview Redevelopment Pr-ejeet. This Plan does not amend, or- ethenA,ise ehanb the b The time limitations on the commencement of eminent domain shall be as follows: 1) Properties subject to eminent domain within the Oakview Area - no eminent domain action shall commence after July 5, 2001. 2) Properties within the Main-Pier Residential Eminent Domain Overlay Area (Exhibit E) - no eminent domain action shall commence after 2011. 3) All other areas subject to eminent domain by this Plan - no eminent domain action shall commence after December 16, 2008. Such time limitations may be extended only by amendment of this Plan. To the extent required by law, the Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (1) such building requires structural alteration, improvement, modernization or rehabilitation; or (2) the site or lot on which the building is situated requires modification in size, shape or use; or (3) it is necessary to impose upon such property any of the standards, restrictions and controls of this Plan and the owner fails or refuses to participate in the Plan pursuant to Sections 605 to 609, inclusive of this Plan and applicable provisions of the Redevelopment Law." } huntbch\99y ndmenAa ndtext 2 10/11/99 �'\p` d-- 3-36 EXHIBIT E MAIN-PIER RESIDENTIAL EMINENT DOMAIN OVERLAY ,�_MAIN-PIER RESIDENTIAL EMINENT DOMAIN OVERLAY AREA 0 �o�a September 20, 1999 d> PALM AVE; . lop ACACIA AVE. R� ?:;yam. LG`:::; O� N .. PECAN AVE. ORANGE AVE. OLIVE AVE. # ; �z �� Z ►- w ' Cu of u a 2 0 WALNUT AVE. vi ru xx 'Ali :.v..:..v.nv.....• .:. f '.'.PACI�FIC...C...: C�OAST HIGHWAY LU -� w a , PACIFIC OCEAN Ord. No. 3436 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 ordinance was read to said City Council at a regular meeting thereof held on the 20th day of September, 1999, and was again read to said City Council at a regular meeting thereof held on the 18th day of October, 1999, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Green, Dettloff, Harman, Sullivan NOES: None ABSENT: Julien ABSTAIN: Bauer, Garofalo I,Connie Brockway CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Independent on e In accordance with the City Charter of said City City Clerk and ex-officio C erk Connie Brockway City Clerk of the City Council of the City Deputy City Clerk of Huntington Beach, California G/ordinanc/ordbkpg 10/19/99 RESOLUTION NO. 99-107 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 MARCH 7,2000, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of Huntington Beach called a Special Municipal Election to be held on March 7, 2000, for the purpose of submitting to the qualified voters Ordinance No. 3436, approving and adopting an amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to extend the use of Eminent Domain for residential property in a limited portion of the Main-Pier constituent area of the project area; and It is desirable that the special municipal election be consolidated with the Statewide Primary election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the 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 does resolve, declare, determine and order as follows: SECTION 1. That pursuant to the requirements of§ 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary election on Tuesday, March 7,2000, for the purpose of submitting a measure to appear on the ballot as follows: Shall Ordinance No. 3436, Amending Ordinance No. 3343 of the City of Huntington Beach and YES Approving and Adopting an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion NO of the Main-Pier Constituent Area of the Project Area be Adopted? 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. 1 SF/s:SF-99Resolutions:Consolidate Election 12/03/99-#1 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 thereof held on the day of , 1999. Mayor ATTEST: APPROVED , S TO O City Clerk �Z 3 City Attorney �Ll INITIATED AND APPROVED: City Clerk 2 SF/s:SF-99Resolutions:Consolidate Election 12/03/99-#1 ' J RESOLUTION NO. 99-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE 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 March 7, 2000, at which there will be submitted to the voters the following measure: Shall Ordinance No. 3436, Amending Ordinance No. 3343 of the City of Huntington Beach and Approving YES and Adopting an Amendment to the Redevelopment Plan for the Huntington Beach Redevelopment Project to Extend the Use of Eminent Domain for Residential Property in a Limited Portion of the Main-Pier NO Constituent Area of the Project Area be Adopted? NOW THEREFORE, the City Council of the City Of Huntington Beach, California, does resolve, declare, determine and order as follows: SECTION 1. That the City Council authorizes (Council Member In Favor of the Ordinance) (Council Member In Favor of the Ordinance) (Council Member In Favor of the Ordinance) (Council Member In Favor of the Ordinance) (Council Member In Favor of the Ordinance) members of that body, to file (a) written argument regarding the City measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the Office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the Office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the city clerk for the filing of primary arguments. 1 SF/s:SF-99Resolutions:Election Arguments 12/03/99-#1 SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book or 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 , 1999. Mayor ATTEST: APPROVED AS TO FORM: >W,—�J�-1—City Clerk C 3 City Attorney INITIATED AND APPROVED: City Clerk 2 SF/s:SF-99Resolutions:Election Arguments 12/03/99-#1 J >� CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Paul D'Alessandro, Deputy City Attorney FROM: Connie Brockway, City Clerk (� DATE: December 2, 1999 SUBJECT: Resolutions for Your Review— For Submission at the December 6, 1999 City Council Meeting Please find attached the following three resolutions: Res. No. 99-106: Call for Election Res. No. 99-107: Consolidating Elections Res. No. 99-108: Argument(s) Dates Included are the corresponding sections of the Elections Code. I am looking into the form of an ordinance that Council may wish to adopt to repeal Ordinance No. 3436, as it seems like an ordinance to repeal may have different provisions such as being effective immediately. CB: jh gAcbmemos\99-257jh.doc LJ Me CITY OF HUNTINGTON BEACH VuINTERDEPARTMENTAL COMMUNICATION TO: Honorable Mayor and City Councilmembers Ray Silver, City Administrator Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk 0?) DATE: December 2, 1999 SUBJECT: Follow-up Regarding Complaint from Charlene Bauer The City Clerk's Office has had contact with the Orange County District Attorney's Office twice. Through the conversations, it has been found that our inquiry regarding the complaint of Charlene Bauer has been review by Anthony Rackauckas, District Attorney, and then forwarded to Doug Woodsmall, Assistant Deputy District Attorney A message has been left with Mr. Woodsmall requesting an update on the matter. I will update you when new information is gained. CB: jh g Acbmemos\99-259jh.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK November 17, 1999 Rosalyn Lever, Registrar of Voters County of Orange 1300-C South Grand Avenue Santa Ana, CA 92711 Re: Request to the County of Orange Registrar of Voters for Verification of Signatures on Referendum Petitions Submitted to the City Clerk of the City of Huntington Beach. Dear Ms. Lever: I am transmitting four(4) boxes containing Referendum Petitions which on November 16, 1999, 1 accepted for filing pursuant to §9210 of the Elections Code. I am requesting a full signature count. I understand that the City of Huntington Beach shall pay the County $2.00 per each signature checked. Per our conversation last week, the last Registrar of Voters report of registration to the Secretary of State (dated October 5, 1999)was 104,619 registered voters in the City of Huntington Beach. Based on the October 5, 1999 report, 10,462 valid signatures will be required for submission to the voters. If your office is able to verify by December 2, 1999, whether the petition contains the required number of signatures, I will be able to present it to Council at its December 6, 1999 meeting. This would allow the referendum petition to be voted upon at the March 7, 2000 election. Please call me for any information that you may require of my office. As in the past the assistance your office provides to the City of Huntington Beach is very much appreciated. Sincerely, 0"7c�� Connie Brockway, CMC City Clerk CB:jh g:/cbmemos/99-240ftcloc (Telephone:714-536-5227) k Cale LA-A & CITY OF HUNTINGTON BEACH V2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY November 9, 1999 CRY CLERK Mr. Anthony Rackauckas Orange County District Attorney 700 Civic Center Drive West Santa Ana, CA 92701 Re: Complaint from Charlene Bauer Dear Mr. Rackauckas: I recently received the attached complaint from Charlene Bauer. The complaint refers to the actions of a paid signature gatherer in regard to a referendum petition currently circulating in the City of Huntington Beach. I reviewed this complaint with our City Attorney, Gail Hutton. She informed me that the City Attorney's Office only prosecutes violations of the Huntington Beach Municipal Code, and that the Municipal Code does not regulate the activities discussed in the complaint. She suggested that I refer the complaint to you, in order to determine if any California State laws or statutes have been violated. Therefore, I am forwarding a copy of Ms. Bauer's complaint to you with this letter for your review and action. Thank you for your timely consideration of this matter. Please note the time frame considerations set forth in my attached memorandum to the City Attorney. Sincerely, A CONNIE BROCKWAY City Clerk Attachments: 1. City Clerk's memorandum to City Attorney dated November 8, 1999 2. Communication from Charlene Bauer dated November 6, 1999, (received by the City Clerk on November 8, 1999) 3. Election Code Sections 103 and 9602 c: Honorable Mayor Peter Green and Members of the City Council Gail Hutton, City Attorney Ray Silver, City Administrator Ron Lowenberg, Police Chief Charlene Bauer G*991mers:rack1109 (Telephone:714-536-5227) +s~ J' CITY OFHUNTINGTON BEACH y: INTERDEPARTMENTAL COMMUNICATION TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk DATE: November 8, 1999 SUBJECT: Communication from Charlene Bauer Inquiring as to Procedure to Monitor False Statements of a Referendum Petition Circulator (Eminent Domain — Downtown Area) ------------------------------------------------------------------------------------------------------------------------------- I have informed Mrs. Bauer that I am forwarding to your office her attached letter protesting the method used by a petition circulator to obtain signatures on the referendum petition currently being circulated in the city. This morning I discussed Mrs. Bauer's letter with Oliver Cox, Attorney, Office of the Secretary of State (Elections Division). Mr. Cox informed me that my intent to refer Mrs. Bauer to your office for discussion between our offices is the proper procedure to follow. I notified Mr. James Lane, who is a referendum proponent, of my receipt of Mrs. Bauer's letter. have provided Mr. Lane with a copy of Mrs. Bauer's letter. Mr. Lane has informed me he has taken steps to remove the circulator (Aaron) from his status as a petition circulator. Issues that need to be reviewed by the City Clerk's Office and the City Attorney's Office are: 1. Identification of the petitions to which Mrs. Bauer makes reference (The name Aaron would be on the circulator's affidavit) 2. Viewing signatures on a petition may be allowed only by court order. On the order of the Superior Court the signatures could be viewed in order to notify the signatories of their option to request removal of their signatures from the petition pursuant to State Elections Code 103 and 9602 (see attached). If a voter requests removal of his/her signature from the petition, the request must be made prior to the filing of the petition (November 17, 1999, 5:00 p.m.). However, I believe removal could be authorized by the Superior Court at a later date. Please call me as soon as possible as to whether this is to be considered a civil matter handled by the City Attorney's Office or whether you prefer that my office refer this matter to the District Attorney. j•5'.. V �.. 15.::J 9:cbmemos/99-233j h.doc 08/06/1994 03;11 7148468907 RALPH H BAUEP, PaG= F11 OULM OMER lGSi 1 COTLIT CIRCLE IR".NTINOTON BEACH, C:1LlFORYl:�y2o�9 Fax 714-846�89Q7 Phone 714-946-3927 November 06, 1999 CONNIE BROCKWAY CITY CLERK OF HUNTINGTON BEACHAddress 2000 MAIN ST,City, State or Province Postal Code HUNTINGTON BEACH.CA.94648 DEAR MS.BROCKWAY, FRIDAY AFTERNOON.NOVEMBER 5, 1999. IN THE Ivm AFTERNOON.I TALKED TO A PAID SIGNATURE GATHERER IN FRONT OF RALPH`S MARKET ON WARNER BETWEEN GRAHAM AND BOLSA CHICA ROAD.HE TOLD ME HIS NAMEE,WAS AARON,BUT HE WOULD NOT GIti E ME HIS LAST NAME,HE WOULD NOT IDENTIFY FES EMPLOYER OR THE ININgi DIATE SUPERVISOR FROM WHOM HE HAD BEEN GIVEN ERRONEOUS FACTS ABOUT THE EMINENT DOMAIN PROJECT OF THE CITY OF HUNTINGTON BEACH,HE WAS TELLING PEOPLE THAT THE CITY WAS TAKING 500 HOINES AND MANY BUSINESSES, ALSO THAT SOME OF THE DOMES BELONGED TO ELDERLY OWNERS. I TOLD HIM THESE STATEMENTS WERE FALSE AND ASKED HIM FOR THE INFORMATION.HE TOLD ME THAT OVER 200 PEOPLE HAD SIGNED THE PETITION rN THE TWO DAYS THAT HE HAD GATHERED SIGNATURES AND THAT ONLY TWO HAD READ THE PETITION. I SCANNED THE PETITION TO SEE IF IT SAID ANYTHING ABOUT 500 HOMES AND I DIDN'T SEE THAT,BUT MS FALSE STATEMENTS ENCOURAGED PEOPLE TO SIGN.I BELIEVE.THESE ARE INVALID SIGNATURES BECAUSE THE FACTS WERE MISREPRESENTED. NVHAT PROCEDURES ARE THERE TO MONITOR FALSE STATEMENTS BY SOLICITORS/ SINCERELY, CHARLENE U.BAUER r -- 1 rf•1 �" r n =I D Ile G�YIe� CITY OF HUNTINGTON BEACH HUNTINOTONBEACH CITY COUNCIL COMMUNICATION ���c� r h��✓i �- /Pe vim`�� hat wire rn e.� Ill �n qY2 y rpc� OF Lcnyo� whQ ire u/w�2s �- a✓ TO: Gail Hutton, City Attorney Connie Brockway, City Clerk FROM: Ralph Bauer, City Council Member . DATE: November 9, 1999 SUBJECT: "H" Item for the November 15, 1999, City Council Mtg. EMINENT DOMAIN — DOWNTOWN AREA ISSUE: received the attached letter from a constituent. I am concerned that petition circulators may be doing something illegal. The constituent in question is willing to file an affidavit swearing to the fact that.. 1. The circulator identified himself as "Aaron" but would not provide a last name 2. The circulator was not telling the truth in that he said 500 homes were being condemned. 3. The circulator did not show the signers the intent of the petition or what the issue was really about 4. The circulator would not identify the organization for whom he was working MOTION: It is requested that the City Clerk and the City Attorney review the issue at hand for legality. Further, it is requested if appropriate that all signatures gathered by "Aaron" be disqualified because they were obtained under false pretenses. Attachment Cc: City Council City Administrator CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk DATE: November 8, 1999 SUBJECT: Communication from Charlene Bauer Inquiring as to Procedure to Monitor False Statements of a Referendum Petition Circulator(Eminent Domain — Downtown Area) ------------------------------------------------------------------------------------------------------------------------------- I have informed Mrs. Bauer that I am forwarding to your office her attached letter protesting the method used by a petition circulator to obtain signatures on the referendum petition currently being circulated in the city. This morning I discussed Mrs. Bauer's letter with Oliver Cox, Attorney, Office of the Secretary of State (Elections Division). Mr. Cox informed me that my intent to refer Mrs. Bauer to your office for discussion between our offices is the proper procedure to follow. notified Mr. James Lane, who is a referendum proponent, of my receipt of Mrs. Bauer's letter. I have provided Mr. Lane with a copy of Mrs. Bauer's letter. Mr. Lane has informed me he has taken steps to remove the circulator (Aaron)from his status as a petition circulator. Issues that need to be reviewed by the City Clerk's Office and the City Attorney's Office are: 1. Identification of the petitions to which Mrs. Bauer makes reference (The name Aaron would be on the circulator's affidavit) 2. Viewing signatures on a petition may be allowed only by court order. On the order of the Superior Court the signatures could be viewed in order to notify the signatories of their option to request removal of their signatures from the petition pursuant to State Elections Code 103 and 9602 (see attached). If a voter requests removal of his/her signature from /& petition, the request must be made prior to the filing of the petition (November- , 1999, 5:00 p.m.). However, I believe removal could be authorized by the Superior Court at a later date. Please call me as soon as possible as to whether this is to be considered a civil matter handled by the City Attorney's Office or whether you prefer that my office refer this matter to the District Attorney. g:cbmemos/99-233 ftdoc I am particularly concerned of the time element as I plan to take these petitions on November 18, 1999 to the Registrar of Voters to begin the count. If there are sufficient signatures my goal is to present the petition to Council on December 6, 1999. December 61h is the last date for Council to adopt a resolution to place the referendum on the March 7, 2000 ballot, should Council desire to do so. Other options are for Council to set a different date or wait until November 7, 2000, General Municipal Election. CB: jh Attachments cc: Honorable Mayor and City Councilmembers Ray Silver, City Administrator g:cbmemos/99-233jh.doc F-I , ,� CITY OF HUNTINGTON BEACH E2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY November 9, 1999 CITY CLERK Mr. Anthony Rackauckas Orange County District Attorney 700 Civic Center Drive West Santa Ana, CA 92701 Re: Complaint from Charlene Bauer Dear Mr. Rackauckas: I recently received the attached complaint from Charlene Bauer. The complaint refers to the actions of a paid signature gatherer in regard to a referendum petition currently circulating in the City of Huntington Beach. I reviewed this complaint with our City Attorney, Gail Hutton. She informed me that the City Attorney's Office only prosecutes violations of the Huntington Beach Municipal Code, and that the Municipal Code does not regulate the activities discussed in the complaint. She suggested that I refer the complaint to you, in order to determine if any California State laws or statutes have been violated. Therefore, I am forwarding a copy of Ms. Bauer's complaint to you with this letter for your review and action. Thank you for your timely consideration of this matter. Please note the time frame considerations set forth in my attached memorandum to the City Attorney. Sincerely, / CONNIE BROCKWAY� City Clerk Attachments: 1. City Clerk's memorandum to City Attorney dated November 8, 1999 2. Communication from Charlene Bauer dated November 6, 1999, (received by the City Clerk on November 8, 1999) 3. Election Code Sections 103 and 9602 c: Honorable Mayor Peter Green and Members of the City Council Gail Hutton, City Attorney Ray Silver, City Administrator Ron Lowenberg, Police Chief Charlene Bauer G*99letterssack1109 (Telephone:714-536-5227) 08/06/1994 03: 11 7148468907 RALPH H BAUER PAGE 01 OMLM BU13 I6511 C07VIT CIRCLE IttTNITINGTON BEACH, CALIFORNIA92649 Fax 714-846-8907 Phone 714-846-3927 November 06, 1999 CONNIE BROCKWAY CITY CLERK OF HUNTINGTON BEACHAddress 2000 MAIN ST,City, State or Province Postal Code HUNTINGTON BEACH,CA.94648 DEAR MS.BROCKWAY, FRIIDAY AFTERNOON,NOVEMBER 5, 1999. IN THE MID AFTERNOON, I TALKED TO A PAID SIGNATURE GATHERER IN FRONT OF RALPH'S MARKET ON WARNER BETWEEN GRAHAM AND BOLSA CMCA ROAD.HE TOLD ME HIS NAME.WAS AARON,BUT HE WOULD NOT GIVE ME HIS LAST NAME.HE WOULD NOT IDENTIFY HIS EMPLOYER OR THE INVAEDIATE SUPERVISOR FROM WHOM HE HAD 13EEN GIVEN ERRONEOUS FACTS ABOUT THE EMINENT DOMAIN PROJECT OF THE CITY OF HUNTINGTON BEACH,HE WAS TELLING PEOPLE THAT THE CITY WAS TAILING 500 HOMES AND MANY BUSINESSES. ALSO THAT SOME OF THE HOMES BELONGED TO ELDERLY OWNERS, I TOLD HIM THESE STATEMENTS WERE FALSE AND ASKED HIM FOR THE INFORMATION.HE TOLD ME THAT OVER 200 PEOPLE HAD SIGNED THE PETITION IN THE TWO DAYS THAT HE HAD GATHERED SIGNATURES AND THAT ONLY TWO HAD READ THE PETITION. I SCANNED THE PETITION TO SEE IF IT SAID.ANYTHING ABOUT 500 HOMES AND I DIDN'T SEE THAT,BUT HTS FALSE STATEMENTS ENCOURAGED PEOPLE TO SIGN.I BELIEVE THESE, ARE INVALID SIGNATURES BECAUSE THE FACTS WERE MISREPRESENTED. WHAT PROCEDURES ARE THERE TO MONITOR FALSE STATEMENTS BY SOLICITORS/ SINCERELY, :- CHARLENE U.BAUER r n �-1 D 100.5• 9601. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS her mark or signature on the appropriate space of the petition or paper, 9601. Arguments may be withdrawn. which shall be witnessed by two persons by subscribing their names thereon. Notwithstanding any other provisions of this code,whenever any ballot (Added by Slats. 7996,c.774,§1.) • arguments for or against any measure submitted to the voters for approval 101. Petition notice to the public. are authorized,these arguments may be withdrawn by their proponents at Notwithstanding any other provision of law,any state or local initiative any time prior to and including the final date fixed for filing arguments. petition required tobesigned by votersshall contain in 12-point type,prior to (Added by Stats.1994,c.920,§2.) that portion of the petition for voters' signatures, printed names, and resi- ` 9602. Voter may withdraw signature from petition. dence addresses, the following language: Any voter who has signed any initiative or referendum petition,and who "NOTICE TO THE PUBLIC subsequently wishes his or her name withdrawn,may do so by filing a writ- ten request for the withdrawal with the appropriate elections official.This l'1 I IS PETITION MAY 13E CIRCULATED BY A PAID SICNA"I UP.E request shall be filed in the elections official's office prior to the date the peti- tion is filed. GATT-IERER OP.A VOLUNTEER.YOU HAVE THE RIGHT TO ASK." (Added 1n/Stabs.1994,c.920,§2.) (Added by Slats. 1994,c.920,§2J 102. Voter may circulate petition. 9603. Advisory election;consolidation with regular election. Any person who is a voter may circulate an initiative, referendum or (a)Each city,county,school district,community college district,county recall petition in accordance with this code. board of education,and special district may hold,at its discretion,an advi- (Addcd o in accordance ts.1994,rda c.920,h t sory election on any date on which that jurisdiction is currently permitted to hold a regular or special election for the purpose of allowing voters within 103. Signature withdrawn from petition. the jurisdiction,or a portion thereof,to voice their opinions on substantive Any voter who has signed an initiative, referendum or recall petition issues,or to indicate to the local legislative body approval or disapproval of pursuant to the Constitution or laws of this state shall have his or her signa- the ballot proposal. Lure withdrawn from the petition upon filing a written request therefor with (b)An advisory vote will be indicated as a ballot heading,above the bal- thc appropriate county elections Official or city elections official prior to the lot proposal,and by only the following description:"Advisory Vote Only." day the petition is filed. (c)As used in this section,"advisory vote"means an indication of gen- (Added by Stals. 1994,c.920,§2•) eral voter opinion regarding the ballot proposal.The results of the advisory 104. Declaration of circulator attached to petition;form. vote will in no manner be controlling on the sponsoring legislative body. (a)Wherever any petition or paper is submitted to the elections official, (d)An advisory election may be held in territory outside of the jurisdic- each section of the petition or paper shall have attached to it a declaration tion of the local entity calling the advisory election if the ballot proposal signed by the circulator of the petition or paper, setting forth, in the affects the residents of the territory.The sponsoring legislative body shall circulator's own hand,the following: determine the territory in which the advisory election shall be held. How- (1)"l'he printed name of the circulator. ever,the conduct of an advisory election in territory outside of the jurisdic- tion of the local entity shall only be held if all of the following conditions arc (2)The residence address of the circulator,giving street and Humber, met: or if no street or number exists,adequate designation of residence so that the (1)A regular election or special election is to be held in that territory. location may be readily ascertained. (2)The advisory election can be consolidated with it. (3)The dales between which all the signatures to the petition or paper were obtained. (3)The board of supervisors of the county in which the outside terri (b)Each declaration submitted pursuant to this section shall also set forth tory is located approves the consolidation. the following: (e)An advisory election shall not be consolidated with an election if the (1) That the circulator circulated that section and witnessed the ballot's capacity will be exceeded because of the addition of the advisory elec- appended signatures being written. tion. (Added by Stnts. 1994,c.920,§2.) (2)'I'hat according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports 9604. Withdrawal of measure. to be. (a)Notwithstanding any other provision of law,any person may engage (c)The circulator shall certify to the content of the declaration as to its in good faith bargaining between competing interests to secure legislative truth and correctness,under penalty of perjury under the laws of the State of approval of matters embraced in a state or local initiative or referendum mea- California,with the signature of his or her name at length,including given sure,and the proponents may,as a result of these negotiations,withdraw the name,middle name or initial,or initial and middle name.The circulator shall measure at any time before filing the petition with the appropriate elections state the date and the place of execution on the declaration immediately pre- official. 1999 6 1999 290 J' CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk QA DATE: November 8, 1999 SUBJECT: Communication from Charlene Bauer Inquiring as to Procedure to Monitor False Statements of a Referendum Petition Circulator(Eminent Domain — Downtown Area) ------------------------------------------------------------------------------------------------------------------------------- I have informed Mrs. Bauer that I am forwarding to your office her attached letter protesting the method used by a petition circulator to obtain signatures on the referendum petition currently being circulated in the city. This morning I discussed Mrs. Bauer's letter with Oliver Cox, Attorney, Office of the Secretary of State (Elections Division). Mr. Cox informed me that my intent to refer Mrs. Bauer to your office for discussion between our offices is the proper procedure to follow. notified Mr. James Lane, who is a referendum proponent, of my receipt of Mrs. Bauer's letter. I have provided Mr. Lane with a copy of Mrs. Bauer's letter. Mr. Lane has informed me he has taken steps to remove the circulator (Aaron) from his status as a petition circulator. Issues that need to be reviewed by the City Clerk's Office and the City Attorney's Office are: 1. Identification of the petitions to which Mrs. Bauer makes reference (The name Aaron would be on the circulator's affidavit) 2. Viewing signatures on a petition may be allowed only by court order. On the order of the Superior Court the signatures could be viewed in order to notify the signatories of their option to request removal of their signatures from the petition pursuant to State Elections Code 103 and 9602 (see attached). If a voter requests removal of his/her signature from the petition, the request must be made prior to the filing of the petition (November 17, 1999, 5:00 p.m.). However, I believe removal could be authorized by the Superior Court at a later date. Please call me as soon as possible as to whether this is to be considered a civil matter handled by the City Attorney's Office or whether you prefer that my office refer this matter to the District Attorney. g:cbmemos/99-233j h.doc r �• 1 am particularly concerned of the time element as I plan to take these petitions on November 18, 1999 to the Registrar of Voters to begin the count. If there are sufficient signatures my goal is to present the petition to Council on December 6, 1999. December 6th is the last date for Council to adopt a resolution to place the referendum on the March 7, 2000 ballot, should Council desire to do so. Other options are for Council to set a different date or wait until November 7, 2000, General Municipal Election. CB: jh Attachments cc: Honorable Mayor and City Councilmembers Ray Silver, City Administrator g:cb memos/99-233j h.doc _.r J CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Honorable Mayor and City Councilmembers Ray Silver, City Administrator FROM: Connie Brockway, City Clerk U� DATE: October 28, 1999 SUBJECT: In the Event of a Referendum re: Ordinance 3436 -------------------------------------------------------------------------------------------7----------------------------------- The following is information that would be important in the event a referendum petition to repeal Ordinance 3436 is circulated and presented to my office. Pursuant to Elections Code, Section 9241 (see attached for detail) there are three options available to Council: 1. Repeal (in its entirety) the ordinance against which the petition is filed 2. Submit the ordinance to the voters at the next regular municipal election (November, 2000) 3. **Submit the ordinance to the voters at a special election called for the purpose (March 7, 2000) The petition would be due for submission to the City Clerk on November 17, 1999. At which time the Registrar of Voters has 30 days (excluding Saturdays, Sundays, and holidays) to count the signatures. The thirtieth day falling on December 30, 1999. **It must be noted that the last day for a city to consolidate an election with the March statewide Primary election is December 10, 1999. A special election consolidated with the March 7, 2000 primary will be possible only if the Registrar of Voters is able to complete the signature verification process by December 2, 1999. This would allow the election resolutions to be placed on the December 6, 1999 Council Agenda, and reach the Registrar of Voters by the December 10, 1999 deadline for consolidation. Should the Registrar of Voters complete the count by December 2, 1999 1 will submit the certification to the City Council as required by law. The Council may then make the determination as to the desired option. If you have any questions, please call me @ x5404. CB: jh cc: Gail Hutton, City Attorney g:cbmemos/99-222ftdoc 9240. Petition filing and examination of signatures. After the petition has been filed as herein provided,the elections official shall examine the petition and certify the results in the same manner as are county petitions in Sections 9114 and 9115 except that,for the purposes of this section,references to the board of supervisors shall be treated as references to _. . the legislative body of the city. (Added by Stats.1994,c.920,§2.) -� 9241. Ordinance submitted to voters. If the legislative body does not entirely repeal the ordinance against which the petition is filed,the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose,not less than 88 days after the order of the legislative body.The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it.If the legislative body repeals the ordinance or submits the ordinance to the voters,and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters. (Added by Stats.1994,c.920,§2.) 9242. Filing of petition. Signatures upon petitions,and sections thereof,shall be secured,and the petition,together with all sections thereof,shall be filed,within 30 days from the date of the adoption of the ordinance to which it relates.Petitions and sec- tions thereof shall be filed with the elections official of the legislative body of the city in his or her office during normal office hours as posted.Petitions which are not filed within the time permitted by this section shall be void for all purposes. (Added by Stats.1994,c.920,§2.) 9243. Election regulations. Elections pursuant to this article shall be held in accordance with Sec- tions 9217 to 9225,inclusive. (Added by Stats. 1994,c.920,§2.) 9244. Mayor may veto. Whenever the legislative body of a city has voted in favor of the repeal of an ordinance protested against by the voters,as provided in this article,and the mayor,or like officer,has vetoed the repeal,the failure of the legislative body to pass the repeal over the veto shall be deemed a refusal to repeal the ordinance. (Added by Stats.1994,c.920,§2.) 9245. Date of approval. If approval of an ordinance by the mayor or like officer is necessary,the date of approval shall be deemed the date of its final passage by the legisla- tive body within the meaning of this article. If an ordinance becomes law when the time for approval,or.yeto bas expired,and no action has been taken,the date of the expiration of that time shall be deemed the date of its final passage by the legislative body within the meaning of this article. (Added by Stats.1994,c.920,§2.) 9246. Duty imposed upon the legislative body is likewise imposed — - upon any officer having any duty to perform. Any duty imposed in this chapter upon the legislative body of a city with regard to calling a municipal election,or in connectionwith an election called pursuant to this chapter,is likewise imposed upon any officer having any duty to perform connected with the election,so far as may be necessary to carry out this chapter. (Added by Stats. 1994,c.920,§2.) 9247. Application of chapter. Article 1(commencing with Section 9200)and this article do not apply to cities having a charter adopted under Section 3 of Article XI of the California 271 1999