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Special Election - March 5, 2002 - Property Rights Protectio
Executive Office •' >M�Archives BUSINESS PROGRAMS :''` Business Programs Special Flings Business Filings 1500-11 Street, Room 345 Notary Public Sacramento,CA 95814 Uniform Commercial Code Elections P.O. Box 944225 M Information Technology IFO '' Sacramento,CA 942442250 Management Services ���. ®DES (916)653-3984 Political Reform Internet:www.ss.ca.gov §�ecretarp of State 16tate of Catifornia April 30, 2002 Connie Brockway, City Clerk City of Huntington Beach 2000 Main St. Huntington Beach, CA 92648 Amendments to the Charter of the City of Huntington Beach, ratified by the voters at the election on March 5, 2002, were filed in this office on April 22, 2002 and assigned Charter Chapter Number 8 and 9 for publication in the Statutes of 2002. Sincerely, Special Filings Unit Q U U l Lu 1 4� h- N � N T "In California,the Secretary of State means business." . Measure EE A PROPOSAL TO ADD SECTION 803 TO THE CITY CHARTER OF THE CITY OF HUNTINGTON BEACH SECTION 1. Property Rights Protection Measure: The City Charter of the City of Huntington Beach is hereby amended to add a new Section 803 to read as follows: "Section 803. PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale, lease, rent, exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b) The word "mandates" as used in subsection(a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a) refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity, including the City and any of its related agencies, to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use, occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City to require a business license for the sale or rental of real property,whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel, motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law." SECTION 2. Title of Proposal to Amend the City Charter: The proposal to amend the City Charter of the City of Huntington Beach to add a new Section 803 shall be known as the "Property Rights Protection Measure". SECTION 3. Findings and Statement of Purpose of Property Rights Protection Measure: There is strong and convincing practical evidence which shows that price controls on the sale or rental of any residential accommodation does nothing to preserve or maintain affordable housing. In fact the evidence in Southern California appears to show that rent control destroys affordable housing and accelerates development pressures to turn older properties into new and higher density commercial and so-called,"up-scale"housing. To pick just one of many examples-- in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households with children which is larger than any other comparable city in Southern California without rent control. Under rent control, Santa Monica's elderly population (age 65 or over) declined by 1.7 percent between 1980 and 1990, whereas the elderly population of Los Angeles County rose by more than 15% over the same decade. The elderly population increased over this period in every comparable city without rent control in Southern California. The result of social experimentation with rent control in Southern California produces the following conclusion: rent control does not provide more or better affordable housing for anyone--especially the elderly and young families. The imposition of rent control forces some property owners to change the use of their property and this change of use often can result in more development and pressures which cause the destruction of existing neighborhoods. Unnecessary and complicated government interference in private property transactions and homeownerships and rental decisions produces wasteful lawsuits and imposes needless costs on all taxpayers. We the people find that the best means to assure that our community and neighborhoods are preserved is to protect property rights and to allow owners to make their own decisions about the price and other terms on which they can sell or lease their residential property. SECTION 4. Severability: If any provision of Section 803 of the City Charter of the City of Huntington Beach, or the application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of Section 803 which can be given effect without the invalid provision or application, and to this end, the provisions of Section 803 are declared to be severable. Measure FF Section 617 of the Charter of the City of Huntington Beach is hereby added to read as follows: Section 617. INFRASTRUCTURE FUND (a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled"Infrastructure Fund." The term"Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks,bridges, street trees, landscaped medians, parks, beach facilities,playgrounds, traffic signals, streetlights,block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five- (5) year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five- (5) year rolling average. (c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. CITY OF HUNTINGTON BEACH CITY CHARTER SIN y Man Incorporated,February 17, 1909 (Election February 9, 1909; 94 votes cast for incorporation and 25 votes against) CHARTER AMENDMENTS Effective Dates Charter Election Certified-Res. 773 Results 5/3/37....................5/17/37 Amendments...................................................................2/2/40 Amendments.................................................................1/29/47 Amendments.................................................................1/27/49 Amendments...................................................................5/9/49 Revised..................................................................................5/1/50 New Charter..................................................................2/10/66 Amendments.................................................................1/18/71 Amendments...................................................................6/5/75 Amendments................................................................12/10/76 Amendments................................................. .............7/17/7 8 Amendments........(Consolidation November)..........................12/9/82 Amendments.................................................................12/7/84 Amendments.................................................................12/7/90 Amendments..................................................................4/22/02 CITY CHARTER TABLE OF CONTENTS ARTICLE L INCORPORATION AND POWERS OF THE CITY Section 100.Name Section 101. Seal Section 102. Boundaries Section 103.Powers of City Section 104. Construction Section 105. Intergovernmental Relations ARTICLE II. FORM OF GOVERNMENT Section 200. Council-Administrator Form of Government ARTICLE III.ELECTIVE OFFICES Section 300. City Council,Attorney, Clerk and Treasurer. Terms Section 301. Powers Vested in City Council Section 302. Compensation Section 303. Meetings and Location Section 304. Quorums,Proceedings and Rules of Order Section 305. Presiding Officer Section 306. Mayor Pro Tempore Section 307.Non-interference with Administration Section 308. Official Bonds Section 309. City Attorney. Powers and Duties Section 310. City Clerk. Powers and Duties Section 311. City Treasurer. Powers and Duties Section 312. Vacancies, Forfeitures and Replacement Section 313. Conflict of Interest,Nepotism ARTICLE IV.APPOINTIVE OFFICES AND PERSONNEL Section 400. City Administrator. Composition,Term,Eligibility,Removal Section 401. Powers and Duties Section 402. Acting City Administrator Section 403. Personnel Section 404. Retirement System Section 405. Boards, Commissions and Committees ARTICLE V. ORDINANCES AND RESOLUTIONS Section 500.Regular Ordinances. Enactment,Adoption,Publication,Amendment, When Effective and Codification Section 501. Emergency Ordinances Section 502. Resolutions Section 503. Publishing of Legal Notices ARTICLE VI. FISCAL ADMINISTRATION Section 600. Fiscal Year Section 601.Annual Budget,Preparation by the City Administrator Section 602. Annual Budget. Submission to the City Council Section 603.Annual Budget. Public Hearing Section 604. Annual Budget.Further Consideration and Adoption Section 605. Annual Budget Appropriations Section 606. Determination of City Tax Rate Section 607.Tax Limits Section 608. Vote Required for Tax Measures Section 609. Real Estate Transfer Tax Section 610. Bonded Debt Limit Section 611. Revenue Bonds *Section 612. Public Utilities and Parks and Beaches* Section 613. Execution of Contracts Section 614. Contracts on Public Works Section 615. Granting of Franchises Section 616. Independent Audit Section 617.Infrastructure Fund ARTICLE VII.ELECTIONS Section 700. General Municipal Elections Section 701. Special Municipal Elections Section 702. Procedure for Holding Elections Section 703. Initiative,Referendum and Recall Section 704.Nomination Papers ARTICLE VIII.MISCELLANEOUS Section 800. Transition Section 801.Definitions Section 802.Violations Section 803.Property Rights Protection Measure (*) Following is a motion adopted by the City Council on July 11, 1994. Inclusion of this motion on this page of the Charter is for recordkeeping purposes. Should the City Council rescind this motion, reference to it on this page of the Charter must be removed: It is the intent of Charter Section 612, the Measure "C"amendment, that a vote of the people be the final approval of projects approved by the city for construction on park land or beaches. Therefore, all projects falling under the criteria of Charter Section 612 must obtain all city approvals prior to being submitted to a vote of the people. The cost for the ballot measure shall be borne by the applicant for the project.If the project requires a lease or other financial consideration, the terms and conditions of the lease and/or financial aspect of the project shall be included in the information provided for the Charter Section 612 vote. Cit Council Minute Action of July 11, 1994) CHARTER We,the people of the City of Huntington Beach, State of California, do ordain and establish this Charter as the fundamental law of the City of Huntington Beach under the Constitution of the State of California. ARTICLE I INCORPORATION AND POWERS OF THE CITY Section 100.NAME. The municipal corporation now existing and known as the City of Huntington Beach shall remain and continue to exist as a municipal corporation under its present name of"City of Huntington Beach." Section 101. SEAL. The City shall have an official seal which may be changed from time to time by ordinance. The present official seal shall continue to be the official seal of the City until changed in the manner stated. Section 102. BOUNDARIES.The boundaries of the City shall continue as now established until changed in the manner authorized by law. Section 103. POWERS OF CITY. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter or in the Constitution of the State of California. Section 104. CONSTRUCTION. The general grant of power to the City under this Charter shall be construed broadly in favor of the City. The specific provisions enumerated in this Charter are intended to be and shall be interpreted as limitations upon the general grant of power and shall be construed narrowly. If any provisions of this Charter, or the application thereof to any person or circumstance is held invalid, the remainder of the Charter and the application of such provision to other persons or circumstances, shall not be affected thereby. Section 105. INTERGOVERNMENTAL RELATIONS. The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof,jointly or in cooperation,by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. ARTICLE II FORM OF GOVERNMENT Section 200. COUNCIL-ADMINISTRATOR FORM OF GOVERNMENT. The municipal government provided by this Charter shall be known as the Council-Administrator form of government. ARTICLE III ELECTIVE OFFICES Section 300. CITY COUNCIL, ATTORNEY, CLERK AND TREASURER. TERMS.The elective officers of the City shall consist of a City Council of seven members, a City Clerk, a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify. Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. Four members of the City Council shall be elected at the general municipal election held in 1966, and each fourth year thereafter. Three members of the City Council shall be elected at the general municipal election held in 1968, and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term. Subject to the provisions of this Charter,the City Clerk, City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors. A City Clerk and City Treasurer shall be elected at the general municipal election held in 1968, and each fourth year thereafter. A City Attorney shall be elected in 1966, and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday following his election.Ties in voting among candidates for office shall be settled by the casting of lots. Section 301. POWERS VESTED IN CITY COUNCIL. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. Section 302. COMPENSATION. The members of the City Council including the Mayor shall receive as compensation for their services as such a monthly salary in the sum of One Hundred Seventy-five Dollars per month. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty upon submission of itemized expense accounts therefor. In addition,members shall receive such reasonable and adequate amounts as may be established by ordinance,which amounts shall be deemed to be reimbursement to them of other routine and ordinary expenses,losses and costs imposed upon them by virtue of their serving as City Councilmen. Section 303. MEETINGS AND LOCATION. (a) Regular Meetings. The City Council shall hold regular meetings at least twice each month at such time as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings. A special meeting may be called at any time by the Mayor, or by a majority of the members of the City Council,by written notice to each member of the City Council and to each local newspaper of general circulation,radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting. If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with. Such waiver may be given by telegram. This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes. In the event of an emergency affecting the public peace,health or safety, a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings. All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned. If,by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or,if he should fail to act,by a majority of the members of the City Council. (d) Open Meetings. All regular and special meetings of the City Council shall be open and public, and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive sessions. Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. Section 304. QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum. A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time. In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally or by mail to each Council member at least twenty-four hours before the time to which the meeting is adjourned, or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. (b) Proceedings. The City Council shall judge the qualification of its members as set forth by the Charter. It shall judge all election returns. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses,to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. They shall be served and complied with in the same manner as subpoenas in civil actions. Disobedience of such subpoenas, or the refusal to testify(upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable.The City Council shall have control of all legal business and proceedings and all property of the legal department,and may employ other attorneys to take charge of or may contract for any prosecution, litigation or other legal matter or business. (c) Rules of Order. The City Council shall establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.Upon adoption of any ordinance,resolution, or order for payment of money,or upon the demand of any member, the City Clerk shall call the roll and shall cause the ayes and noes taken on the question to be entered in the minutes of the meeting. Section 305. PRESIDING OFFICER. At the Council meeting at which any Council member is installed following any general or special municipal election, and at any time when there is a vacancy in the office of Mayor,the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor.The Mayor may make and second motions and shall have a voice and vote in all its proceedings.The Mayor shall be the official head of the City for all ceremonial purposes; shall have the primary but not the exclusive responsibility for interpreting the policies,programs and needs of the City government to the people, and as occasion requires,may inform the people of any major change in policy or program; and shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 306.MAYOR PRO TEMPORE.The City Council shall also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability or at the Mayor's request. Section 307.NON-INTERFERENCE WITH ADMINISTRATION. Except as otherwise provided in this Charter,no member of the City Council shall order,directly or indirectly,the appointment by the City Administrator, or by any of the department heads in administrative service of the City, of any person to any office or employment, or removal therefrom. Except for the purpose of investigation and inquiry, the members of the City Council shall deal with the administrative service under the jurisdiction of the City Administrator solely through the City Administrator, and no member of the City Council shall give orders to any subordinate of the City Administrator, either publicly or privately. Section 308. OFFICIAL BONDS. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney,and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. A blanket bond may be used if it provides the same protection as the required separate bond would provide. In all cases wherein an employee of the City is required to furnish a faithful performance bond,there shall be no personal liability upon, or any right to recover against,the employee's superior officer or other officer or employee or the bond of the latter,unless such superior officer, or other officer or employee is a party to the act or omission, or has conspired in the wrongful act directly or indirectly causing the loss. Section 309. CITY ATTORNEY. POWERS AND DUTIES. To become and remain eligible for City Attorney the person elected or appointed shall be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law in this State for at least three years prior to his election or appointment. The City Attorney shall have the power and may be required to: (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of City ordinances and such state misdemeanors as the City has the power to prosecute,unless otherwise provided by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all civil actions or proceedings in which such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. (d) Attend all regular meetings of the City Council,unless excused, and give his advice or opinion orally or in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds and insurance given to the City, endorsing his approval thereon in writing. (f) Prepare any and all proposed ordinances and City Council resolutions and amendments thereto. (g) Devote such time to the duties of his office and at such place as may be specified by the City Council. (h) Perform such legal functions and duties incident to the execution of the foregoing powers as may be necessary. (i) Surrender to his successor all books,papers,files,and documents pertaining to the City's affairs. Section 310. CITY CLERK. POWERS AND DUTIES. The City Clerk shall have the power and shall be required to: (a) Attend all meetings of the City Council,unless excused, and be responsible for the recording and maintaining of a full and true record of all of the proceedings of the City Council in books that shall bear appropriate titles and be devoted to such purpose. (b) Maintain separate books, in which shall be recorded respectively all ordinances and resolutions,with the certificate of the Clerk annexed to each thereof stating the same to be the original or a correct copy, and as to an ordinance requiring publication; stating that the same has been published or posted in accordance with this Charter. (c) Maintain separate records of all written contracts and official bonds. (d) Keep all books and records in his possession properly indexed and open to public inspection when not in actual use. (e) Be the custodian of the seal of the City. (f) Administer oaths or affirmations,take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (g) Be ex officio Assessor,unless the City Council,has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections. (1) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Clerk may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Clerk shall be three years of relevant work experience which demonstrates record management skills and practice of administrative procedures. (12/7/84) Section 311. CITY TREASURER.POWERS AND DUTIES. The City Treasurer shall have the power and shall be required to: (a) Receive on behalf of the City all taxes, assessments,license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal governments,or from any court,or from any office, department or agency of the City. (b) Have and keep custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted,then in such depository designated in writing by the City Administrator, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys only on proper orders or warrants in the manner provided for in this Charter. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances,and shall file copies of such reports with the City Administrator and City Council. (e) Perform such other duties consistent with this Charter as may be required by ordinance or resolution of the City Council. The City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him, at such salaries or compensation as the Council may by ordinance or resolution prescribe. The minimum qualifications for the position of City Treasurer shall be a combination of education and experience in an area relative to fiscal management. (Charter Amendment 12/7/84) Section 312. VACANCIES,FORFEITURES AND REPLACEMENT. (a) Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter, from whatever cause arising, shall be filled by appointment by the City Council. (b) Forfeiture. If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member,unless by permission of the City Council expressed in its official minutes,the office shall become vacant. If an elected City officer is convicted of a crime involving moral turpitude or ceases to be an elector of the City,the office shall become vacant. The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter, shall be deemed thereby to have vacated the office under the City Government. (c) Replacement. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant,the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. Section 313. CONFLICT OF INTEREST,NEPOTISM. (a) Conflict of Interest.The City Council shall adopt or approve rules and regulations regulating conflicts of interest and promoting fair dealing in all City business. (b) Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council,nor shall the City Administrator or any department head or other officer having appointive power appoint any relative of such person or of any Council member within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, Council members or officers with appointive powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. ARTICLE IV APPOINTIVE OFFICES AND PERSONNEL Section 400. CITY ADMINISTRATOR. COMPOSITION,TERM, ELIGIBILITY,REMOVAL. (a) Composition.There shall be a City Administrator who shall be the chief administrative officer of the City. (b) Term.The Administrator shall be appointed by the affirmative vote of at least a majority of the members of the City Council and shall serve at the pleasure of the City Council; provided,however, that the person occupying the office shall not be removed from office except as herein provided. (c) Eligibility. The Administrator shall be chosen on the basis of executive and administrative qualifications,with special reference to actual experience in and knowledge of accepted practice as regards the duties of the office as herein set forth.No person shall be eligible to be appointed City Administrator or Acting City Administrator while serving as a member of the City Council nor within one year following the termination of membership on the City Council. (d) Removal. The City Administrator shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Administrator may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council. At least thirty days prior to the effective date of removal, the City Administrator shall be furnished with a written notice stating the Council's intentions and,if requested by the City Administrator,the reasons therefor.Within seven days after receipt of such notice,the City Administrator may by written notification to the City Clerk request a public hearing before the City Council, in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.The City Administrator shall appear and be heard at such hearing. After furnishing the City Administrator with written notice of the intended removal, the City Council may suspend the Administrator from duty,but his compensation shall continue until removal as herein provided. In removing the City Administrator,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City administrator to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. Except as otherwise provided in this Charter,the City Administrator shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting this general grant of powers and responsibilities,the City Administrator shall have the power and be required to: (a) Appoint,promote, demote, suspend or remove department heads, officers and employees of the City except elective officers. However,no department head shall be appointed or removed until the City Administrator shall first have reviewed such appointment or removal with the City Council and have received approval for such appointment or removal by a majority vote of the full City Council. (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration upon adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City, and annually or more frequently,a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem desirable. (e) Maintain a centralized purchasing system for all City offices,departments and agencies. (f) Prepare, administer and enforce rules and regulations recommended to and adopted by the City Council governing the contracting for,purchase, inspection, storage, inventory, distribution and disposal of all supplies,materials and equipment required by any office, department or agency of the City government. (g) Be responsible for the compliance by the City with the laws of the State pertaining to the City,the provisions of this Charter and the ordinances, franchises and rights of the City. (h) Subject to policy established by the City Council,exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his jurisdiction. (i) Perform such other duties consistent with this Charter as may be required by the City Council. Section 402. ACTING CITY ADMINISTRATOR. During any temporary absence or disability of the City Administrator,the Assistant City Administrator shall serve as Acting City Administrator. During any temporary absence or disability of both the City Administrator, and the Assistant City Administrator,the City Administrator shall appoint one of the other officers or department heads of the City to serve as Acting City Administrator.In the event the City Administrator fails to make such appointment, such appointment may be made by the City Council. Section 403. PERSONNEL. In addition to the City Council, a City Clerk, a City Treasurer,a City Attorney and City Administrator,the officers and employees of the City shall consist of such other officers, assistants,deputies and employees as the City Council may provide by ordinance or resolution. The City Council shall establish such reasonable compensation and fringe benefits as are appropriate by ordinance or resolution for such offices, officials and employees except as herein provided. The City Council shall maintain by ordinance a comprehensive personnel system for the City.The City Administrator,Assistant City Administrator and any officers designated as elective by the Charter shall be exempt. The system shall consist of the establishment of minimum standards of employment and qualifications for the various classes of employment and procedures to be followed in advancement, demotion, suspension and discharge of employees included within the system, as the City Council shall determine to be for the best interest of the public service. The ordinance shall designate the appointive officers and employees who shall be included within the system.By subsequent ordinances the City Council may amend the system or the list of appointive officers and employees included within the system,provided,however,that once included within the system,no officer or employee shall be withdrawn therefrom(unless the office or position is actually abolished or eliminated)without the approval of such withdrawal at a regular or special election by a majority of the voters voting on such proposition.The system shall comply with all other provisions of this Charter. Section 404. RETIREMENT SYSTEM.The City shall participate in a retirement system. Section 405.BOARDS, COMMISSIONS AND COMMITTEES.The City Council shall establish such boards, commissions and committees as are deemed necessary for the orderly functioning of the City. All such boards, commissions and committees shall report directly to the City Council. ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES.ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:."No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction and second reading, an ordinance shall be read by title only.Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money.All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction,it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. (c) Publication.The City Clerk shall cause each ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or the City and circulated in the City, which is selected by the City Council for that purpose. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption,except the following, which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set forth herein; however, such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace,health,or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in ' Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at least five affirmative votes. Section 502.RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. Section 503. PUBLISHING OF LEGAL NOTICES.The City Council shall cause to be published all legal notices and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose.No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600.FISCAL YEAR. The fiscal year of the City shall be from July 1 to June 30 unless otherwise established by ordinance. Section 601. ANNUAL BUDGET,PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine,each board or commission and each department head shall furnish to the City Administrator,personally, or through the Director of Finance, estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Administrator. In preparing the proposed budget,the City Administrator shall review the estimates,hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Administrator shall submit the proposed budget to the City Council at least sixty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any,by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies thereof, certified by the City Clerk, shall be filed with the City Administrator,Director of Finance, City Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed, and shall remain on file in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605. ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices and agencies for the respective objects and purposes therein named;provided, however, that the City Administrator may transfer funds from one object or purpose to another within the same department, office or agency. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 606.DETERMINATION OF CITY TAX RATE. The City Council shall prescribe by ordinance for the assessment,levy and collection of taxes upon property which is taxable for municipal purposes. If the City Council fails to fix the rate and levy taxes on or before August 31 in any year,the rate for the next preceding fiscal year shall thereupon be automatically adopted and a tax at such rate shall be deemed to have been levied on all taxable property in the City for the current fiscal year. Section 607. TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section,unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes not subject to the above limitation, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid,or to become due during the ensuing fiscal year,which constitute general obligations of the City; and 2. A tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due during the ensuing fiscal year. (c) Special levies, in addition to the above and not subject to the above limitation,may be made annually, based on City Council approved estimates, for the following specific purposes,but not to exceed the following respective limits for those purposes for which limits are herein set forth,to wit: parks and recreation and human services not to exceed$0.20 per One Hundred Dollars; Libraries not to exceed $0.15 per One Hundred Dollars;promotional interests and cultural affairs not to exceed$0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed$0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purpose than that specified. Section 608.VOTE REQUIRED FOR TAX MEASURES.No tax,property tax, or other measure whose principal purpose is the raising of revenue, or any increase in the amount thereof, shall be levied;enacted or established except by ordinance adopted by the affirmative vote of at least five(5)members of the City Council; provided,however,that any tax levied or collected pursuant to Section 607(b)of this Charter shall be exempt from the minimum voting requirement of this section. This section shall not apply to any license,permit, or any other fee or charge whose principal purpose is to pay or reimburse the City for the cost of performing any regulatory function of the City under its police power in connection with the City's duty to preserve or maintain the public peace,health, safety and welfare. This section shall not apply to any user or service fee or charge provided such fee or charge is directly related to such use or service, is charged to the user or person receiving such service, and is to pay or reimburse the City for the costs of providing such use or service. This section shall not apply to any fee or charge relating to any franchise or proprietary function of the City. Section 609.REAL ESTATE TRANSFER TAX. The City Council shall not levy a tax on the transfer or conveyance of any interest in real property unless authorized by the affirmative vote of a majority of the electors voting on a proposition submitted to the electors to authorize such tax at a general or special election. Section 610. BONDED DEBT LIMIT.The City shall not incur an indebtedness evidenced by general obligation bonds which shall in the aggregate exceed the sum of 12 percent of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative vote of the majority required by law of the electors voting on such proposition at any election at which the question is submitted to the electors. Section 611.REVENUE BONDS. Bonds which are payable only out of such revenues, other than taxes, as may be specified in such bonds,may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds,payable only out of revenues, shall not constitute an indebtedness or general obligation of the City.No such bonds payable out of revenues shall be issued without the assent of the majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the registered voters of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants.Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special funds were established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Section 612. PUBLIC UTILITIES AND PARKS AND BEACHES. (a) No public utility or park or beach or portion thereof now or hereafter owned or operated by the City shall be sold, leased, exchanged or otherwise transferred or disposed of unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (b) No golf course,driving range,road,building over three thousand square feet in floor area nor structure costing more than$100,000.00 may be built on or in any park or beach or portion thereof now or hereafter owned or operated by the City unless authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. (c) Section 612(a)and 612(b) shall not apply; (1)to libraries or piers; (2)to any lease, franchise,concession agreement or other contract where; - the contract is to perform an act or provide a service in a public park or beach AND - such act was being performed or service provided at the same location prior to January 1, 1989 AND - the proposed lease, franchise, concession agreement or other contract would not increase the amount of parkland or beach dedicated to or used by the party performing such act or providing such service. (d) If any section, subsection,part, subpart,paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional,the remaining sections, subsections,parts, subparts,paragraphs,clauses or phrases shall not be affected but shall remain in full force and effect. (12/7/90) Section 613. EXECUTION OF CONTRACTS. Except as hereinafter provided,the City shall be bound by a contract only if it is made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by a City officer designated by the City Council and only upon the direction of the City Council. Exceptions to this procedure are as follows: (a) By ordinance or resolution the City Council may authorize the City Administrator or other officer to bind the City, with or without a written contract, for the acquisition of equipment,materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. (b) By ordinance or resolution,the City Council may provide a method for the sale or exchange of personal property riot needed in the City service or not fit for the purpose for which intended, and for the conveyance of title thereto. (c) Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Administrator upon forms approved by the City Administrator and at rates fixed by the City Council. Section 614. CONTRACTS ON PUBLIC WORKS.Except as hereinafter expressly provided, every contract involving an expenditure of more than Twenty-five Thousand Dollars ($25,000) for the construction or improvement(excluding maintenance and repair)of public buildings,works, streets, drains, sewers, utilities,parks and playgrounds, and each separate purchase of materials or supplies for the same,where the expenditure required for such purchase shall exceed the sum of Twenty-five Thousand Dollars ($25,000), shall be let to the lowest responsible bidder after notice by publication in accordance with Section 503 by two or more insertions,the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. After rejecting bids, or if no bids are received, or without advertising forbids if the total amount of the contract or project is less than Twenty-five Thousand Dollars($25,000),the City Council may declare and determine that in its opinion,the work in question may be performed better or more economically by the City with its own employees, or that the materials or supplies may be purchased at lower price in the open market, and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council,it may proceed to have said work done or such materials or supplies purchased in the manner stated without further observance of the provisions of this section. All public works contracts exceeding the sum of Twenty-five Thousand Dollars ($25,000)may be let and purchases exceeding the sum of Twenty-five Thousand Dollars($25,000)may be made without advertising for bids if such work or the purchase of such materials or supplies shall be deemed by the City Council to be of urgent necessity for the preservation of life,health, or property and shall be authorized by at least five affirmative votes of the City Council. Projects for the extension,replacement or expansion of the transmission or distribution system of any existing public utility operated by the City or for the purchase of supplies or equipment for any such project or any such utility may be excepted from the requirements of this section by the affirmative vote of a majority of the total members of the City Council. Section 615. GRANTING OF FRANCHISES. The City Council shall by ordinance regulate the granting of franchises for the City. Section 616. INDEPENDENT AUDIT. The City Council shall provide for an independent annual audit of all City accounts and may provide for such more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. The Council may,without requiring competitive bids, designate such accountant or firm annually provided that the designation for any particular fiscal year shall be made no later than thirty days after the beginning of such fiscal year. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member. Additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. Section 617. INFRASTRUCTURE FUND. (a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002,by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph,shall be placed in a separate fund entitled"Infrastructure Fund." The term"Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations,alleys,streets, highways, curbs and gutters, sidewalks,bridges, street trees,landscaped medians,parks,beach facilities,playgrounds,traffic signals,streetlights,block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance,including construction,design, engineering, project management,inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred,loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance,for the five-(5)year period of 1996 to 2001,is and was 14.95%. Expenditures for infrastructure improvements and maintenance,subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five-(5)year rolling average. (c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. ARTICLE VII ELECTIONS Section 700. GENERAL MUNICIPAL ELECTIONS. General municipal elections shall be held in the City on the first Tuesday in November in each even numbered year. (12/9/82) Section 701. SPECIAL MUNICIPAL ELECTIONS. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special municipal elections. Section 702. PROCEDURE FOR HOLDING ELECTIONS. All elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter. Section 703. INITIATIVE,REFERENDUM AND RECALL. There are hereby reserved to the electors of the City the powers of the initiative and referendum and of the recall of municipal elective officers. The provisions of the Elections Code of the State of California, as the same now exists or hereafter may be amended, governing the initiative and referendum and the recall of municipal officers, shall apply to the use thereof in the City so far as such provisions of the Elections Code are not in conflict with the provisions of this Charter. Section 704.NOMINATION PAPERS.Nomination papers for candidates for elective municipal office must be signed by not less than twenty nor more than thirty electors of the City. ARTICLE VIII MISCELLANEOUS Section 800. TRANSITION. Elective officers and elective officers whose offices are made appointive of the City shall continue to hold such offices until the completion of their current terms and the election or appointment and qualification of their respective successors under this Charter. All boards, commissions and committees presently in existence shall continue to act in accordance with their original grant of authority until such time as the City Council adopts appropriate ordinances pertaining to their activities or for one year, whichever occurs first.All lawful ordinances,resolutions,rules and regulations, and portions thereof, in force at the time this Charter takes effect and not in conflict or inconsistent herewith, are hereby continued in force until the same shall have been duly repealed, amended, changed or superseded by proper authority. Section 801. DEFINITIONS. Unless the provisions or the context otherwise requires, as used in this Charter: (a) "Shall" is mandatory, and"may" is permissive. (b) "City" is the City of Huntington Beach and"department," "board," "commission," "agency," "officer," or"employee" is a department,board, commission, agency, officer or employee, as the case may be, of the City of Huntington Beach. (c) "County" is the County of Orange. (d) "State" is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f) The singular includes the plural and the plural the singular. (g) "Person" includes firm and corporation. Section 802.VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and shall be punishable upon conviction by a fine not exceeding Five Hundred Dollars($500) or by imprisonment for a term of not exceeding six months or by both such fine and imprisonment, and each day that any such violation continues shall constitute a separate violation. Section 803.PROPERTY RIGHTS PROTECTION MEASURE. (a) The City shall not enact or enforce any measure which mandates the price or other consideration payable to the owner in connection with the sale,lease,rent,exchange or other transfer by the owner of real property. Any such measure is hereby repealed. (b) The word "mandates" as used in subsection(a)includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish,continue, implement or enforce any control or system of controls on the price or other terms on which real property in the city may be offered, sold,leased,rented, exchanged or otherwise transferred by its owner. The words "real property" as used in subsection(a)refer to any parcel of land or site,either improved or unimproved,on which a dwelling unit or residential accommodation is or may be situated for use as a home,residence or sleeping place. (c) This Section 803 shall not apply to: (1) any real property which contains serious health,safety,fire or building code violations, excluding those caused by disasters,for which a civil or criminal citation has been issued by the City and remains unabated for six months or longer; (2) any real property owned by a public entity, and real property where the owner has agreed by contract with the public entity,including the City and any of its related agencies,to accept a financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power of the City as relates to the use,occupancy or improvement of real property and to any real property which the City or any of its related agencies may acquire by eminent domain,purchase,grant or donation; (4) any power of the City to require a business license for the sale or rental of real property, whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel,motel or other facility when the transient occupancy of that dwelling unit or accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or otherwise required by State law." Additional Copies of this Charter May be Obtained from the Office of the City Clerk 2000 Main Street,Huntington Beach,CA 92648 we IffiW-1qk JA CITY 1 OF HITNTI ,GT'ON BEACH Inter-Department Communication TO: Connie Brockway, City Clerk FROM: Gail Hutton, City Attorney DATE: November 16, 2001 SUBJECT: Petition Process—"Registered Voter" requirement for circulators; RLS 2001-0654 -- INDEX: Initiatives; Petitions; Charter Amendments; Circulators Voter Registration Requirement; Buckley v. ACLF BACKGROUND A petition for a proposed Charter amendment entitled"Property Rights Protection Measure" has been circulated in the City. It has achieved the required number of signatures and will be considered by the voters at the next election. An issue has arisen relating to Cal. Elections Code § 9209 and its application to the petition for the proposed Charter amendment, in light of the U.S. Supreme Court's decision in the matter of Buckley v. American Constitutional Law Foundation (1999) 1212 L.Ed.2d 599. Essentially, Cal. Elections Code § 9209 requires each person circulating a local initiative petition to file a declaration with the petition that declares that the circulator is a voter of the city. However, the U.S. Supreme Court recently decided that several laws adopted by the State of Colorado concerning the petition process were unconstitutional, including a law that required petition circulators to be voters in the city in which they circulated the petition. ISSUE NO. 1 Is the "registered voter" requirement for petition circulators, as contained in Elections Code § 9209, still enforceable after the Supreme Court case of Buckley v. ACLF? ANSWER TO ISSUE NO. 1 No. i PDA1s:2001 Memos_City Clerk—Petition Process ANALYSIS OF ISSUE NO. 1 A complex statutory framework governs the conduct of municipal elections in California. These statutes are found in Elections Code Sections 9200-9295, inclusive. The City of Huntington Beach, a charter city, has decided that the provisions of the Elections Code shall govern municipal elections for the City. (See, e.g., Charter Sections 702, 703.) Essentially, an initiative measure is a proposed ordinance or charter amendment filed by petition signed by a specified number of voters of the city within a specified period of time. There are many technical requirements in the Elections Code regarding the submission of such petitions. One such requirement is found in Elections Code Section 9022, which reads as follows: "Each section [of the petition] 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 the voter's residence address at the time of the execution of the declaration." (Elections Code Section 9209.) In Buckley v. American Constitutional Law Foundation (1999) 525 U.S. 182, 142 L.Ed.2d 599, 199 S.Ct. 636, the United States Supreme Court ruled that a Colorado statute requiring all circulators of a statewide initiative petition to be "registered electors" of the state was unconstitutional. In large part, the Court's decision was based on evidence that the registration requirement drastically reduced the number of persons available to circulate the petitions, without sufficient justification. Since Colorado was unable to show an impelling cause that necessitated the requirement,.the Supreme Court held it to be unconstitutional. Following the Court's decision in Buckley, supra, the California Secretary of State advised all county elections officials in the State that"there is no longer any requirement that initiative circulators be registered voters: and that the portion of the circulator's affidavit relating to the circulator's status as a registered voter of the jurisdiction "may be crossed out." (Letter to County Elections Officials from Bill Jones, Secretary of State, dated January 20, 1999, copy attached.) Additionally, on December 22, 1999, the Attorney-General released Opinion No. 99-712, in which he advised that, based on the Buckley decision, circulators of a city initiative petition need not declare that they are city residents, and that Elections Code Section 9209 was unconstitutional in requiring circulators of petitions to declare that they are voters of the city. (82 Ops. Ca1.Atty.Gen. 250 (1999). We see no reason to disagree with the Secretary of State and the Attorney General. Therefore, we are of the opinion that Elections Code Section 9209, as related to requiring 2 PDA/s:2001 Memos City Clerk—Petition Process s petition circulators to be voters of the city, or to file a declaration to that effect, is unconstitutional, and therefore unenforceable. ISSUE NO. 2 Upon recent examination of the petitions, some citizens are concerned that signers of the petitions were misled by certain language on the petitions which stated"All signers and circulators of this petition must be registered voters in the City of Huntington Beach." Are the petitions valid, despite the inclusion of this language? ANSWER TO ISSUE NO. 2 The petitions are valid. ANALYSIS OF ISSUE NO. 2 This issue appears to be one of form vs. substance. Although courts are willing to invalidate an initiative petition when it contains substantive defects, they are generally unwilling to invalidate an otherwise correct petition-for a minor defect of format. For instance, in Myers v. Patterson (1987) 241 Cal. Rptr. 751, the proponents of a city initiative petition sought a writ of mandate to compel a city registrar to accept a petition. The court denied the writ, holding that the city registrar had a duty to reject the petition because it did not contain a copy of the previously published notice of intention, as required by statute. (Id. at 756.) Conversely, in Truman v. Royer(1961) 11 Cal.Rptr. 159, the court upheld a city clerk's decision to accept a referendum petition which was defective only because the circulators' affidavits failed to state their addresses or that they were residents of the city. The court reasoned that the defect was not part of the petition itself, but part of the affidavit—essentially, the information in the affidavit was supplied for the benefit of the clerk, not the public. This situation appears to be similar to the situation in Truman, supra. Even if we agreed that the wording on the affidavit was somehow defective(which we do not), it is clearly of a minor nature. Further, it does not affect the language of the petition itself. Rather, it is contained on the affidavit portion, and did not affect the content of the petition itself From a common sense standpoint, we are hard pressed to accept the argument that the petitions are invalid because some unknown number of signers were convinced to sign only because they thought the circulators were city residents. There is simply no evidence that this assertion is true. First, not a single singer has come forward to complain about being misled. Second, it would speak ill of the electorate to believe that any voter would sign such an important petition not based on its merits, but based upon the circulators' status as fellow city residents. 3 PDA/s:2001 Memos:City Clerk—Petition Process • Finally, it defies reason to believe that a voter would read the entire text of the petition, and then sign it because the circulator was a city resident, instead of signing it because the voter supported the petition itself. For these reasons, we believe the petitions are legally valid. Please contact me if you have any further questions. I, C::J GAIL HUTTON City Attorney cc. Hon. Mayor and City Councilmembers Ray Silver, City Administrator William Workman, Asst. City Administrator 4 PDA/s:2001 Memos:City Clerk—Petition Process HB CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION TO: HONORABLE MAYOR and CITY COUNCILMEMBERS FROM: GAIL HUTTON, City Attorney SUBJECT: Issue Regarding Property Rights Initiative Charter Amendment DATE: October 12, 2001 A issue has arisen regarding the proposed Charter amendment entitled "Property Rights Protection Measure" that is scheduled for the next election. Some citizens have questioned whether certain language on the petition may have misled some voters of the city into signing the petition. Pursuant to a request from the City Clerk, we are in the process of preparing a legal opinion on this issue. Meanwhile, at the October 15, 2002 City Council meeting, the Council will be asked to approve the actual language of the question that will appear on the ballot. There have been some inquiries about whether the Council may approve this agenda item as requested, while the legal opinion is pending on the petition issue. We believe that the two issues are fundamentally different, and that the Council may act on the agenda item scheduled for the October 15 meeting. r � - ,�,r. GAIL HUTTON, r? City Attorney — sv , cc: Connie Brockway, City Clerk Ray Silver, City Administrator G:4:2001 memos:mayor&CC—Property Rights Initiative Rls 2001-0654 CITY OF HUNTINGTON BEACH MEETING DATE: 2/5/01 DEPARTMENT ID NUMBER: CK2001- Council/Agency Meeting Held: Deferred/Continued to: i Approved ❑ Conditionally Approved ❑ Denied 1 ➢_ Clerk Signature Council Meeting Date: 2/5/01 Department ID Number: CK2001- CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION ~Y SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: Connie Brockway, City Clerk PREPARED BY: Connie Brockway, City Clerk SUBJECT: Certificate As To Verification of Signatures On a Petition called th'e' Property Rights Protection Measure To Amend Section 803 of the City Charter (Mr. Ed Laird, Proponent) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The proposed City Charter Amendment petition, called the Property Rights Protection Measure has been certified by the County Registrar of Voters to have sufficient number of valid signatures of registered voters to qualify for placement on the ballot at an election date to be determined by the City Council. Recommended Action: Motion to: Accept Certificate As To Verification of Signatures On Petition provided to the City Clerk from the County Registrar of Voters, dated January 11, 2001 and consider adoption of one of the following two recommended motions: +-4-}-M2tion-to--SeheduIe-on-a-future--agenda;the-subject of-seleetion-ef an-appropriate-election-date. F^F thiS Fgeas Fe and-K-evide-the-C-ity--Cler-k-with-direction-in this-regard--Once-the-Council--has=, elect ^ date of e-leettE?f 741cve-City--Clerk will--present--at--a--subsequent-Council--meeting-the g4he e!eGtm9R" to thel-fe-adep#'of-- -Ar- (2) Motion to: Do not defer decision on an election date and, on February 5, 2001, select a date from the dates presented under the Analysis section of this report and direct the preparation of the appropriate "call for election" resolutions for presentation to Council at a future Council meeting. / r rcadraft -2- 02/01/01 4:54 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/5/01 DEPARTMENT ID NUMBER: CK2001- Funding Source: Placing the Charter Amendment on the City's next General Municipal Election on November 5, 2002 will incur minimum associated costs of printing the Charter Amendment text, arguments and impartial analysis. Placing the Charter Amendment on the March 2002 Statewide Primary Ballot will incur greater costs ($50,000 - $70,000 approximately) as the city will not be sharing costs with the districts and agencies as it does during November General Municipal Elections. Other election dates would cost approximately $100,000. The County Registrar of Voters will bill the city the charge for validation of signatures on this petition (approximately $45,814). Analysis: Elections Code Sections 1415 and 9255 create three possibilities for a date of election: (1) The next regular General Municipal Election. This date is November 5, 2002. Or (2) A special election called for the specific purpose of considering the Property Rights Protection Measure. The City Council would have to set the exact election date. Or (3) Any established election date pursuant to Elections Code Section 1000. Pertinent established election dates under Elections Code Section 1000 are: June 6, 2001; November 7, 2001; March 5, 2002, or April 9, 2002. The City Council has the discretion to select any of these election dates. The election date selected, however, cannot be beyond November 5, 2002; and at least 88 days must pass between the date on which the Council adopts the resolutions calling the election and the actual election date itself. The number of signatures of registered voters required to place this measure before the voters at either a special municipal election or the next General Municipal Election was 17,082 which represents 15% of the city's 113,880 registered voters as last reported by the Registrar of Voters to the Secretary of State. The petition contained 25,357 raw signatures of which 22,907 were examined. Of the 22,907 examined, 17,435 were verified to allow a buffer of 353 signatures over the amount needed (17,082). rcadraft -3- 02/01/01 4:54 PM REQUEST FOR CITY COUNCIL AC rION MEETING DATE: 2/5101 DEPARTMENT ID NUMBER: CK2001- Attachment(s): 'PageCity Clerk's 0 • Description 1. Registrar of Voters Certificate As To Verification of Signatures On Petition 2. City Clerk's notification letter to Ed Laird, proponent 3. City Clerk's 5/25/00 letter, with attachments to Ed Laird, proponent (Includes text of proposed amendment) 4. Elections Code Section 1415 and 9255 5. Letter to Registrar of Voters from City Clerk dated 12/19/00 6. Letter to Council and staff dated 12/26/00 re: Charter Amendment Petition RCA Author: C. Brockway x5227 rcadraft -4- 02/01/01 4:54 PM r ATTA S "Y JAN-30-2001 16:44 REGIST & ELECT 714 567 7556 P.02 ROSALYN LEVER Registrar of Voters l � 4 U N"rY OF Mailing Address: P.O-Box 11298 �\ t Santa Ana,Califomia 92711 5 3 ^N 0 III= REGISTRATION&ELECTIONS DEPARTMENT 1300 South Grand Avenue, Bldg. C \V/ Santa Ana,California 92705 (714)5674600 TDQ(714)567-7608 January 11, 2001 FAX(714)567-7627 ry www.cc.ca.gov/election 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 petition "Huntington Beach Property Rights Protection Measure." If you need further information, please call me at (714) 567-7567. Very truly yours, Suzanne Slupsky Assistant Registrar of Voters enc. JAN-30-2001 16:44 REGIST & ELECT 714 567 7556 P.03 CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION State of Califomia) )ss. County of Grange) 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 "Property Rights Protection Measure." I further certify that from said examination I have determined the following facts regarding this document: Number of signatures examined: 22.907 Number of signatures verified. 17,435 Number of signatures found invalid: 5A72 Number of signatures found invalid because of being duplicates 852 WITNESS my hand and Official Seal this 11th day of January, 2001. 4A0F ,, � 411C ' �I!� IM hv ItY E 4 ROSALYN LEVER REGISTRAR OF VOTERS Orange County Y TOTAL P.03 ��\ �t��������=�\��������� �����"�»���\ ���.��d m » « _ « ° \« �° © - . : �� � © ��§ T ������ , » �:? �° ��} � \ \ � ���} ��.� � � f \ f � �� \ �� �� � � � % .� �{ �/ \ : > d: d � \ � � \ ��I , � ��;:�� �. � :. . �����/�� . . . . . ... . . `����\������i �\+��\ ����� �����������\�� January 11, 2001 Mr. Ed Laird 6562 Doral Drive Huntington Beach CA 92648 Dear Mr. Laird: As a follow-up to my phone message today to you I am informing you that the proposed charter amendment petition "Property Rights Protection Measure" has been certified by the Registrar of Voters to have a sufficient number of valid signatures to qualify for placement before the voters. I will certify the petition to the Council at the February 5, 2001 Council meeting. Chapter 5, Section 1415 of the Elections Code sets forth the dates when this Charter Amendment may be submitted. Please note that Council may call a special election or wait until our next general municipal election (November 2, 2002). Note: Your petition contained 25,357 raw signatures. The Registrar of Voters examined 22,907 and verified 17,435 to allow a buffer of 353 signatures verified over the amount needed which is 17,082. Sincerely, ,<; Connie Brockway City Clerk g:Cbmemos/2001 cbmem/petition a s f7 J CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 25, 2000 Mr. Ed Laird 6562 Doral Drive Huntington Beach, CA 92648 Dear Mr. Laird: Please find enclosed, pursuant to Elections Code Section 9203(b), the Ballot Title and Summary prepared by the City Attorney relative to the Notice of Intent to Circulate Petition and the text of the proposed measure. Additionally, enclosed is a copy of your request for the preparation of a Ballot Title and Summary that you filed in the City Clerk's Office on May 10, 2000. Sincerely, Connie Brockway, CIVIC City Clerk CB:jh Enclosures glcbmemosBallot Tdle-Summary—jh.doc 1 Telephone:714-536-5227) 51zs {a7c� V,c ,a T•a,L�1 r � s� tlelr 1ZT) • �I T r� CZ CITY OF HUNTINGTON BEACH G Inter-Department Communication ' ' TO: CONNIE BROCKWAY, City Clerk �� o FROM: SCOTT F. FIELD,Acting City Attorney _ DATE: May 25,2000 o � SUBJECT: RLS 00-470—Proposed Initiative Charter Amendment Providing That Only a Property Owner Can Determine the Price/Terms of Sale/Lease of Real Property Pursuant to Elections Code § 9203(a), and your memorandum to our office dated May 10, 2000,we submit the following ballot title and summary for the proposed measure: BALLOT TITLE A ballot measure to amend the Charter of the City of Huntington Beach to provide that only a property owner can establish the price or terms regarding that property's sale,lease,rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example,by the adoption of a rent control ordinance). BALLOT SUMMARY The proposed measure, called the "Property Rights Protection Measure," and citing social problems allegedly caused by rent control in Santa Monica, would add Section 803 to the Charter of the City of Huntington Beach to provide that the City shall not enact or enforce any measure that would mandate the price or 3 other consideration payable to a property owner in connection with the sale, , lease, rent, exchange or transfer of that property. The purpose of the proposed ballot measure is to prohibit the City from adopting any regulation that would ,k impose price or rent controls on residential properties, such as single family homes, apartments,or mobile home parks. The proposed ballot measure permits the establishment of price or rent controls = , in six circumstances, including: properties which contain serious health ,_ safety, fire or building code violations which remain unabated for six months or longer; and properties owned by public agencies. At the present time, the City has several ordinances that deal with the general subjects of mobile homes and mobile home parks. It is not known what Affect, if any, that passage of the proposed ballot measure will have on these r3'` dw/ballot summary ordinances. The City has an ordinance allowing owners of mobile homes in mobile home parks to temporarily rent their mobile homes for reasons of personal hardship. And the City, as part of its zoning ordinance, has provisions concerning mobile park conversions; that is, when land is changed from a mobile home park use to some other type of use. If passed, the proposed ballot measure may affect one or more of these ordinances. /k N°Jy' 3 f rjw/ballot summary FROM SABO GREEN BDO (TUE) 7. 9' 00 16:09/ST. 16:ud/N0. 4260609041 P 2 May 9,2000 Nis.Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,California 92649 Re: Ballot M asurc for Amendment of the City Charter of the City of Huntington Beach Request for Ballot Titte and Summary Dear Ms. Brockway: The enclosed text of a proposed ballot measure and Notice of Intent to B a h Petition n a� hereby submitted to the office of the City C.crk of the City of Huntington hereby Yequests accordance with Sections 9203 and 9256 of the Electrons Code,the undersign of the that the enclosed proposed ballot measure be forwarded to the Office of or the City tt proposed ballot City of Kunti.ngton Beach for preparation of a ballot title and a summary Po p measure. tired the ballot title and summarY of the proposed ballot measure, Once the City Attorney has prep n Beach,California 92648,(714) please contact the undersigned at 6562 Doral Drive,Huntingto 994-5252,and i will a�nge for the commencement of the circulation of the petitions for the ballot measure. Sincerely, - 41d d cc: Gail Hutton,City Attorney , y x . FROM SABO � G 1 E` BDO (TUE) 5. 9' 00 16:09/ST. 1 b:Oo/NO. 4260609041 P 3 NOTICE OF INTENT TO CIRCULATE PL__iJON Notice is hereby given by the person whose name aogears hthin the *reof -3 of his/her intention to circulate the petition ying the Property Rights Of 33 Huntington Beach for the s purpose to of the f reasons of the proposed '13 Protection Measure- A S'" action as contemplated in the petition is as follows: There is strong and convincing practical rental ical evidence e which Shows �2 that price controls on the to preserve n or maintain affordable 90 accommodatiorn does nothing housing. In fact the evidence affordable housSouthern Call.,-ifings andoeaccelerates 99 that Bent control destroys higher development pressures to turn older properties into :,eToa�d..kijustl2a density commercial and so-called "uPoLcSn'CahM ni with it, rent.133 one of many examples--in the City number of Sys control regulations Santa Monica has seen a decline r r thane ar y�other iss family households with children which is 5 comparable city in Southern rCalifor a without n control - aver) III rent control, Santa Monica s elderly Population declined by 1.7 percent between 1980 and 1990, �Nhereas the elderlyl8s rose by more than 15% over the samQl98 population. of Los Angeles County decade. The elderly population increased over this period in every 1 n SOuthern California. Gom`a,.,hko city without rent control i exper�mentaC�.on with rent control ir. i3�5 Ths result of social conclusion: southern California produces the =oliowing rovi.de more or better affordable housing zy' Rent control does not p zu9 for anyone--especially the elderly and young families . imp owners tols, osition of rent COntror forces some a ropeusP ofteil can 0-z `PPz r r0 ert and this cha d change the use Of the p- P Y result in more development and pressures which cause the destruction -zet-overnment asp of oxisting neighborhoods. Unnecessary and complicated Q s and 21" interference in private property transactions and homeownership rental decisions produces wasteful lawsuits and imposes needless ',; costs on all taxpayers. means to assure that Our3Z' we the people find that the beat protect property 33. community and neighborhoods are preserved; is to 41- h can sell or lease theirs56 rights and to allow. owners to make their own decisions abouththe3 price and other terms on whi Y residential property. Prcpone of Mea ure Ed Laird `^ 01 J 01 t i i3 1 M f Ka. SABO x 2EEN E:DO (;liE) �. �' 00 16.10 'ST. 16:08/�, 4260609041 r s A PROPOSAL TO ADD SECTION 803 TO THE CITY CHARTER OF THE CITY 0= HUNTINGTON BEACH �.Q 'prpteC ton Me SECTION 1. E�..�B a_sure; The City Charter of the City of Huntington Beach is hereby amended to add a new Section $03 to read as follows: "Section 803. PROPERTY RIGHTS PROTECTION MEASURE . (a) The City shall not enact or . enforce any to the which mandates the price or other consideration pay able owner in connection with owner sale, lease, sproperty ex Any g Such the other transfer by Baled. meas•ire .s hereby rep woad "mandates" as used in subsectiOn (e) (b) The =eso1 �*=io'�r ir_cludes any Tr- taken by ordinance, administrative regulation. or other action o� the City ..;.establish, continue, intiplement or enforce any h- ich or l3 on the price or o her t system of contro terms on which real property in the City may be offered, sold,owner. rented, � its Owner. The words exchanged or otherwise transferred by "zeal groperLy" as used in subsection (a} refer to any parcel r improved or unimproved, on which a of land or site, either mP dwelling unit or residential accommodat situated for use as a 'route, re3idsrce or slee�irts place . (c} 'Chiz Section 803 shall not apply to: ;I} any real P=Operty which cont-sins setiOus fire or building code violations, health, safaty, excluding those caused by disasters, for which a civil or ,• the Cis and remains criminal citaticri has been iss..ed by Y unabated 1ffor six months or longer; -roperty owned by a public -nt-t - and (2} any real w real, proPQrty where the owner has. agreed by coanva Q With the public entity, including the y related Agencies, to accept a financial contribution or other tangible behf e Corrmunity Redevelopment lLaw}ation, assistance under t as (3) any planning or zoning power o' the C�trea1 relates to the use, occupancy or improvement o_ property and to any real property wr:ich the City or any o:�laoo3/oQclas-1 1 5/9/00 1030 jmw FROM SABO GREEN BDO (TUE) 5. 9' 00 16: 11/5i. 16:08/NO. -Q60609041 P 5 of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City to require a business license for the sale r ntal Of real rev nue purposeserty, whether for regulation or general (5) any dwelling unit or apconuuodation in any hotel, motel or other facility when the transient occupancy of ra�sient occupancy unit or tax or accommodation is subject to a t (6) to impair the obligation of any contract entered into prior to the enactment"Ofthis Section 803 or otherwise required by State SECT TON 2 . An n t ek t r Y• The proposal to amend the City Charter of the City of known as the Huntington Beach to add a new Section 803 shall be "Property Rights Protec";.ion Heasure SECTION 3 . d ,. raternent o Pur o p -,er''v - Finnv Rights ra ecrion Mea�_lr�� There is strong and convincing practical evidence which snows that price controls on the sa or rental of any residential le accommodation- does note=rig to Preserve or maintain affordable i.^-ence in Southern California appears to housing. in fact the Ev show ta.at. rent control destroys affordable housing and accelerates development pressures to turn older properties into new and higher density coz�merc:.al and so-c�1 Z�..�"u�.'S�'_te" housing. TO ]USt ore _t many examples-in `he City of Santa Monica with its rent. urrber control regulations Santa Monaeahas he w - whichnis aargerathant n ar.yoe oT family households ith ch- comparab?e city in Southern�California without lderly pop n ulation (age 65 or over) rent control, Santa Monica' s e 1980 and 199G, whereas the e declined by 1 .7 percent between !.der1Y population of Los PMgeles County rose by more than 15°� over tin same decade. The elderly population increased over this period ent control in Southern California every comparable city without r • erimentation with rent control in The result of social exp Southern. California produces the following conclusion: le rent control does- not aol ld hemelderly and young fami or better lies' housing for anYon6- esp Y cseaiaCo3lncc1165-1 Z si9ioo 1030 JMW FROM SABO GREEN BDO (TUE) 5. 9' 00 16:11% T. 16:09/NO, 4260609041 P 6 The imposition of rent control -forces this hange of Buse often rty scan change the use of their to property an result in more developmerit and pressures which cause the destruction of existing neighborhoods. Unnecessary and complicated and government interference in private roduc�srwastefultY slawsuits and homeownerships and rental decis_dns p imposes needless costs on all taxpayers. we the people find that the best means to assure Protect Property community and neighborhoods are preserved is to p rights and to allow owners e their decisions wkjich they can sell or lease about their price and other terms on residential property. SECTION 4. Sevor ° If any provision of section 803 of the City Chartee Of he application to any prson `or City of Huntington Beach, Or a COLlrt Of CORtA@tent ]tlrisL''?CLion, circumstance is held invalid by T such invalidity shall not affect other provisions Or r applicationsof Section $03 which can be given effect without - the invalid provision or application, and to -this end, the provisions of section B03 are declared to be severable. OF80�DD0�/DQC!165-1 3 VW00 1030 � � ��-. �. ..,�. .�. � �-' � z.:: ` ' ;_"', �.- �,. �:•.. ;. 1304. DIVISION 1.ESTABLISHED ELECTION DATES Chapter 5.Special Elections 1400. Date of special elections. Each special election shall be held on one of the established election dates set by this division or on the date of any statewide special election except as provided in Section 1003. (Added by Stats.1994,c.920,§2.) 1405. Date of county,municipal,or district initiative election. (a)Except as provided below,the election for a county,municipal,or dis- trict initiative that qualifies pursuant to Section 9116,9214,or 9310 shall be held not less than 88 nor more than 103 days after the date of the order of elec- tion. (1)In order that the election may be consolidated with the next regu- lar or special election occurring wholly or partially within the same territory the election may be conducted within 180 days following the order of election. (2) 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. (b)The election for a county,municipal,or district initiative that qualifies pursuant to Section 9118,9215,or 9311 shall be held at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election. (Added by Stats.1996,c.1143,§32.) \ 1410. Date for county or municipal referendum election. The election for a county or municipal referendum that qualifies pursu- ant to Section 9144 or 9237 shall be held at the jurisdictions next regular elec- tion occurring not less than 88 days after the date of the order of election or at a special election called for that purpose not less than 88 days after the date of the order of election. (Added by Stats.1996,c.1143,§33.) ---� 1415. Date of city or city and county charter proposals. City or city and county charter proposals that qualify pursuant to Section 9255 shall be submitted to the voters at either the next regular general munici- pal election occurring not less than 88 days after the date of the order of elec- tion,or at a special election called for that purpose or on any established election date pursuant to Section 1000 occurring not less than 88 days after the date of the order of election. (Added by Stats.1996,c.1143,§34.) Chapter 6.Mail Ballot Elections 1500. Date of special district mailed ballot election. If any election to choose members of the governing board of a special dis- trict is to be totally conducted by mailed ballot,it shall be held on the first Tuesday following the first Monday in September of each odd-numbered year.However,if permitted by the elections official of the county or counties affected by the use of all mailed ballots,the special district election may be held on the first Tuesday after the first Monday in November of each odd-numbered year.All other district elections conducted by mailed ballot may be held in accordance with the dates set forth in the district enabling act 2000 22 Chapter 3.Municipal Elections 9255. 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 XI of the California 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.) Article 3.City or City and County Charters ---��+ 9255. City or City and County Charter proposals submitted to voters. (a)The following city or city and county charter proposals shall be sub- mitted to the voters at either a special election called for that purpose,at any established municipal election date,or at any established election date pur- suant to Section 1000,provided that there are at least 88 days before the elec- tion: (1)A charter proposed by a charter commission,whether elected or appointed by a governing body.A charter commission may also submit a charter pursuant to Section 34455 of the Government Code. (2)An amendment or repeal of a charter proposed by the governing b'of a city or a city and county on its own motion. (3)An amendment or repeal of a city charter proposed by a petition signed by 15 percent of the registered voters of the city. (4)An amen ent or repeal of a ci" d county charter proposed by a petition signed 10 per,5wft of the regi est red voters of the city and county. (5)A recodification of the charter proposed by the governing body on its own motion,provided that the recodification does not,in any manner, substantially change the provisions of the charter. (b)Charter proposals by the governing body and charter proposals by petition of the voters may be submitted at the same election. 261 2000. NSFlFi z , t �. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK 14 December :2000 Rosalyn Lever, Registrar of Voters 1300 S. Grand - C Santa Ana, CA Transmitted by this letter are boxes of petitions. The petition is titled Property Rights Protection Measure. am requesting a full count. I understand the City of Huntington Beach shall be billed accordingly by the County of Orange. This Charter Amendment Petition was filed on Monday, December 18, 2000. Fifteen (15) percent of the registered voters as last. reported by'the Registrar of Voters Office to the Secretary of State will be required for sufficiency of said petition. (Elections Code Section 9255 (c) The Report of Registration that your office kindly faxed to me on December 13, 2000 showed a last report as of October 10, 2000. Said report reflected a total number of registered voters in the City of Huntington Beach of 113,880. Fifteen percent of 113,880 is 17,082. I would appreciate it if your office would again verify to me that the last report by your office to the Secretary of-State nearest the filing date of this petition (December 18, 2000 is as stated above. As always your assistance is greatly appreciated. Connie Brockway City Clerk L: 01V 6 j 330 00. (Telephone:714-536-5227) / 9 ¢ " i t / \ J iIR`� CITY OF HUNTINGTON BEACH -, INTERDEPARTMENTAL COMMUNICATION TO: Honorable Mayor and City Councilmembers Ray Silver, City Administrator Bill Workman, Assistant City Administrator Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk DATE: December 26, 2000 SUBJECT: Proposed Charter Amendment Petition (Property Rights Protection Measure) Rent Control On December 18, 2000 Mr. Ed Laird, proponent of the above referenced proposed Charter Amendment petition filed the petition in the City Clerk's Office. I delivered the petition to the Registrar of Voters on December 19, 2000. A designee of the proponent met me at the Registrar of Voters and observed the procedure. The designee advised me that he is satisfied with the procedure used by my office to receive, box and tape the petitions, and with the Registrar of Voter's procedure to count the sections. There were 3854 sections numbered; 102 torn portions; 57 partial petitions. The Registrar will begin signature verification of December 21 or early the next week. Attached is information regarding the number of signatures that will be required in order for the petition to qualify for the ballot. Please call me if you have any questions. 536-5404 G:cbmem os\2000cbmem\re ntcontrol RCA ROUTING SHEET INITIATING DEPARTMENT: City Clerk's Office SUBJECT: Certificate As To Verification of Signatures on Petition COUNCIL MEETING DATE:]- February 5, 2001 RCA ATTACHMENTS 3,3 STATUS 3 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attome Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS ;REVII.EWED RETURNED ?F®RWAR,DED Administrative Staff ( ) ( ) Assistant City Administrator Initial ) City Administrator Initial ) City Clerk ( ) EXPLANATION FOR RETURR OF ITEM Space • RCA Author: C. Brockway x5227 ROSALYN LEVER Registrar of Voters 4 V N TY O F Mailing Address: 2 P.O. Box 11298 1 Santa Ana, California 92711 5 3 A N G E REGISTRATION & ELECTIONS DEPARTMENT 1300 South Grand Avenue, Bldg. C Santa Ana, California 92705 (714) 567-7600 TDD (714) 567-7608 January 11 2001 FAX(714)567-7627 ry , www.oc.ca.gov/election 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 petition "Huntington Beach Property Rights Protection Measure." If you need further information, please call me at (714) 567-7567. Very truly yours, Suzanne Slupsky Assistant Registrar of Voters enc. CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON 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 "Property Rights Protection Measure." I further certify that from said examination I have determined the following facts regarding this document: Number of signatures examined: 22,907 Number of signatures verified: 17,435 Number of signatures found invalid: 5,472 Number of signatures found invalid because of being duplicates 852 WITNESS my hand and Official Seal this 11th day of January, 2001. gAR OF Ir O° O O C O O � O Ono o ROSALYN LEVER REGISTRAR OF VOTERS °O Orange County ° /�°p°0000°°pO� December 18, 2000 Ms Rosalyn Lever Registrar of Voters County of Orange P.O. Box 11298 Santa Ana, CA 92711 Ms. Connie Brockway Huntington Beach City Clerk 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Lever and Ms. Brockwell: The Property Rights Protection Measure petitions were turned over at 12:51 pm on Monday, December- 18, 2000 to the Huntington Beach City Clerk, Connie Brockway, for official verification on Tuesday. Please allow Mr. Peter Herzog to represent me in witnessing the count verification. Sincerely, L ?4 A'-4 Ed Laird Proponent 6562 Doral Drive Huntington Beach, CA 92648 (714) 894-5252, ext. 223 4 L Ufl 4 December 18,2000 Dear Huntington Beach City Clerk/Elections Division: Please note there are approximately signatures on approximately CA petition sections for the"Property Rights Protection Measure"we are turning over to your office today. If you have any problems or questions,please call our petition coordinator,Angelo Paparella,at (310)426-6350. Thank you for your assistance. r Sincerely, HUNTINGTON BEACH BOX TOTALS BOX NO 1 15164 BOX No 2 55134 BOX NO 3 79321 BOX No a 11 ,886 25,505 ING `ot v...,,, df'� a _ = OFFICE OF - == CITY ATTORNEY 46��ppITI �� P.O. Box 190 2000 Main Street Telephone Gail Hutton Huntington Beach, California 92648 (714) 536-5555 City Anomey Fax (714) 374-1590 December 14, 2000 Mr. Peter Bagatelos Bagatelos & Fadem 601 California Street# 1410 San Francisco, CA 94108 BY FAX TO (415) 982-1085 AND US MAIL, Re: Number of Signatures Required for Initiative Petition to -- Amend City Charter; RLS 00-1170 Dear Mr. Bagatelos: This letter is to respond to your recent inquiry regarding the initiative petition to amend thebty Charter that is currently being circulated by your clients. You had inquired as to which section of the Elections Code governs the determination of the required number of signatures for the petition. Since the petition concerns the amendment of the City Charter, it is our opinion that Section 9255(c) is the correct section. For your information, I have attached to this letter a copy of our memorandum opinion on this issue provided to the City Clerk in 1990. Although the memorandum refers to the former statute numbers, the substantive language of the sections at issue has not changed. Therefore, we conclude that the "total number of registered voters of the city or city and county shall be determined according to the county elections official's last official report of registration to the Secretary of State." (Elections Code Section 9255(c).) If you have any further questions regarding this matter, please contact me at your earliest convenience. Sincerely, GAIL HUTTON City Attorney copies: Connie Brockway, City Clerk Paul D'Alessandro, Assistant City Attorney Robert Wheeler, Special Counsel Attachment: Memorandum from Gail Hutton to Connie Brockway dated July 12, 1990 G:4:20001etters:Bagatelos 12-14 H ' CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH CONNIE BROCKWAY GAIL HUTTON To CITY CLERK From CITY ATTORNEY Subject PROPOSED CHARTER AMENDMENT Date JULY 12, 1990 BALLOT MEASURE "PUBLIC UTILITIES AND PARKS AND BEACHES"; CALCULATION OF NUMBER OF VOTES NECESSARY TO QUALIFY - QUESTION: You have posed the following question: "Election Code §4010 and 4080(5)(c) each appear to govern the number of signatures required to place the subject charter amendment on the ballot, since it appears these sections are in conflict, which section applies?" ANSWER: The number of signatures required to place a city charter amendment on the ballot is governed by Elections Code §4080(5)(c). Section 4080(5)(c) provides that the number of signatures relates to the last official report of the County Clerk to the Secretary of State. ANALYSIS: There are two sections in the Elections Code governing the number of signatures needed for a ballot measure. Section 4010 governs Inititives and Section 4080(5)(c) governs Freeholder's Charter Amendments. Plain Meaning Rule The governing rule of statutory construction is that "the meaning of the statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain, ... the sole function of the courts is to enforce it according to its terms." Caminetti v. U.S. 242 U.S. 470. This is the "plain meaning" rule. The requirement is to literally interpret language which is plain, unambiguous, direct and certain, which I find Section 4080(5)(c) to be. Interpretation of Ambigious Statute Section 4010 provides that number of required signatures be calculated from the last reported results at the time the Section 4002 notice is published rather than merely the last reported results as prescribed by Section 4080(5)(c). The phrase "effective at the time of the Section 4002 notice was published" was added to Section 4010 in 1980. Prior to the addition 4080 read as Section 4080(5)(c) reads today. CONNIE BROCKWAY JULY 12, 1990 PAGE TWO In 1988 Section 4080(5)(c) was adopted to the Election Code provisions governing Freeholder's Charter Amendments. Because the legislature was presumed (at the time of the adoption of Section 4080(5)(c)] to be aware of the difference in wording between the existing Section 4010 and "new" Section 4080, it may not be taken that the legislature intended to incorporate the verbage which was "left out." Put another way, by leaving out of Section 4080 the words "effective at the time of the Section 4002 notice" the clear legislative intent was that the last reported results be used not the last reported results effective at the time the Section 4002 notice was published. However, if Section 4080(5)(c) were held to be ambiguous then it would be necessary to ascertain the clear legislative intent. In order to ascertain legislative intent one would be required to read Sections 4010 and 4080(5)(c) together and to "borrow" language from one to the other, if required, since statutes on the same subject are to be construed together. When "words used in a prior statute are omitted, it is presumed that a change of meaning was intended" Chertkof v. United States 676 F.2 984 (CA 4 1982); Craven v. Crout 163 Cal.App. 3d 779, 209 Cal.Rptr. 649 (1985). "Where a statute referring to one subject contains a critical word or phrase, omission of that word or phrase from a similar statute on the same subject generally shows a different legislative intent. The fact that (the later) section contains no similar language as adopted is an unmistakable indicator that the legislature did not intend that section (to include the omitted language)" — quoting from Craven, supra, emphasis added.) Thus, if the "clear meaning" rule did not apply the "legislative intent" rule would also provide that Section 4080(5)(c) would prevail. Also see Sutherland Statutory Construction (4th Ed.) §51.02, 13. CONCLUSION: The number of required signatures for a City Charter amendment is governed by Elections Code §4080(5)(c) which provides that the latest report of registration be used not the last report at the time the Section 4002 notice was published. GAIL HUTTON CITY ATTORNEY 7- r i-qo GCH:ksa s= y 5-A M- cc: Michael T. Uberuaga, City Administrator Honorable Mayor Tom Mays and Members of the City Council FAX FROM: CONWE BROCKWAY, CITY CLERK J.l CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH P O Box 19012000 Main Street Huntington Beach, CA 92648 HUNTING-fON BEACH (714) 536-5227 (714) 374-1557 FAX Fax #: q 3 C1 Date: k a _//_OD Number of Pages (including cover page): By: -,,,/), e Dept" City Clerk To: `to/ INTERNET ADDRESS: http://www.ci.huntington-beach.ca.us OR http://www.hbsurfcity.com/clerk Phone: le�Remarks: Urgent For your review X' Reply ASAP Please comment Per your request - Q -t� . or 1-7 U ct..0 C/,aD�, S3 git-orms/lax DEC-13-2000 13:36 REGISTRAR, OF VOTERS 714 567 7627 P.01/02 2 y Cr REPORT OF.REGI.S TIM'. STAT mcNT .0FRE0.1- E T"a y m When sending your voter registration data please complete and return this docurnef a 32 m STATEMENT OF 0 T[ON " i (Please complete the following certiflcata and return no later than October 26, ; � a \3 o m N 1• Rosalyn Lever Registrar of Voters,Ur *my County of Orange certify pursuant to Elections Code section 2187 that the summary statement of the number of voters in the(city and) county as of the io� h day of October „�- 20001s set forth as shown an the pages affixed to this certificate. We are ropmVag our regisft6on data In the WIDWng format s ): x.Catvotar eledronie transmission: fame of file rordata.txt County keyed diredy to Calvoter terminal SOS input forms • 5 � 9 �` vaJ County produced summary shoots(in SOS format) / / 2 8 8 0 Rg®istrar of Voters JUN This 19th day of October , 2000 ®�`geoaa6eageetd� `0 �\�........... �F-.•• ••., P Deputy •. a • w s. • • a V O a Contact telephone#: • r 4 11 •e�};ti (714) 567-7567 .0 °°° 1 04 address: ��n°O°aaao•ea•♦°°°°`,�`1.41 E-mailrm address: OCT-19-2000 17:09 916 653 5271 P.01 Created: 10/19/00 a 3:39 PM Orange County Elections Department Page: 2 Job ID: PDF.JOB.12 VOTER REGISTRATION RECAP Report 1D: PDF-D06 District m - -- Total DEM REP Al GRN LI8N NLAN REFO MISC DEC m R1 Description Cade Re Re Re Re Re Re Reg Reg Reg Re 0' 9 9 9 9 9 9 g ANAHEIM *502 117671 43475 .53524 2380 346 774 336 683 602 15551 cc BREA *5D5 20368 5946 11078 402 60 102 54 132 65 2529 NBUENA PARK *507 30754 12681 12312 734 86 178 81 170 180 4332 C, CYPRESS *510 24962 8878 . 11372 479 94 177 79 144 103 3636 LA PALHA *511 7779 2906 3485 123 9 29 20 30 29 1148 v FULLERTON *513 59091 19250 29231 1100 293 475 216 448 327 7751 GARDEN GROVE *514 64887 25805 26912 1244 2D2 439 227 416 401 9241 LA HABRA *517 23924 9030 10781 556 76 132 83 132 112 3022 PLACENTIA *523 23830 7357 12346 440 83 140 74 175 102 3113 LAGUNA WOODS *525 16597 7067 7416 201 23 28 6 71 14 1771 STANTON *527 11345 4887 4228 260 34 81 37 92 71 1655 YORSA LINDA ' *529 35334 8390 21417 628 95 166 61 218 83 4276 FOUNTAIN VALLEY *531 32163 9858 16416 581 49 211 124 207 139 4528 HUNTINGTON BEACH *532 113880 33015 57178 2476 677 1073 691 895 527 17348 ly oLOS ALAMITOS *533 6112 2284 2825 105 23 34 16 27 29 769 SEAL BEACH *536 16677 7177 8844 237 70 104 36 81 41 2037 ti , 0 0, SEAL BEACH WARD DIVISION 1 *536 -01 3651 1191 1635 78 30 50 12 25 11 619 CE SEAL BEACH WARD DIVISION 2 *536 -02 4031 1721 1948 27 8 9 4 15 3 296 U SEAL BEACH WARD DIVISION 3 *536 -03 3226 1168 1488 47 14 21 9 12 11 451 LLJ o: SEAL BEACH WARD DIVISION 4 *536 -04 3622 1216 1895 42 8 18 10 11 14 408 SEAL BEACH WARD DIVISION 5 *536 -05 4147 1881 1928 43 5 6 1 18 2 263 LAGUNA HILLS *538 16378 4289 8685 354 53 127 43 99 56 2672 WESTMINSTER *539 38933 13914 16824 807 123 258 154 248 257 6348 DANA POINT *541 22352 5913 11946 516. 104 184 62 219 92 3316 LAGUNA BEACH *544 17609 6417 7309 354 224 184 50 124 84 2863 MISSION VIEJO *547 56029 14637 31095 1120 164 306 120 319 151 8117 SAN CLEMENTE *548 29424 7170 16303 669 169 255 101 308 125 4324 r.., SAN JUAN CAPISTRANO *549 16991 4428 9399 362 65 114 38 163 60 2362 21 rr `C S477&- 1.: to l�7//`tom v�3 r "m'v�E/G C�.Lea NAME OF PETITION OFFICIAL SUMMARY DATE tea., PERSON AUTHORIZED TO FILE IN ORANGE COUNTY �,,Z ° ? ���`jJs�6-Sycy) ^�lGE� L / , 7- G /,2- / -o o 7 C7k-/ _ _ Q O J j ST" Ci�^cv 77o13 Tunes. l� c�oo0 A -5T- vb&� O� C�✓�c ul��►-� Dec��► IT, d-000 a0� ��YS r " /a '��i- d a �✓2v c4,Z> W ,41n 0Ri6,., Pax 3 PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF HUNTINGTON BEACH The City Attorney of Huntington Beach has prepared the following title and summary of the chief purpose and points of the proposed charter amendment: BALLOT TITLE A ballot measure to amend the Charter of the City of Huntington Beach to provide that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example, by the adoption of a rent control ordinance). BALLOT SUMMARY The proposed measure,called the"Property Rights Protection Measure,"and citing social problems alleg- edly caused by rent control in Santa Monica, would add,Section 803 to the Charter of the City of Hunting- ton Beach to provide that the City shall not enact or enforce any measure that would mandate the price or other consideration payable to a property owner in connection with the sale,lease,rent,exchange or trans- fer of that property. The purpose of the proposed ballot measure is to prohibit the City from adopting any b� regulation that would impose price or rent controls on residential properties, such as single family homes, apartments, or mobile home parks. The proposed ballot measure permits the establishment of price or rent controls,in six circumstances, in- cluding: properties which contain serious health, safety, fire or building code violations which remain un- abated for six months or longer; and properties owned by public agencies. At the present time,the City has several ordinances that deal with the general subjects of mobile homes and mobile home parks.It is not known what affect,if any,that passage of the proposed ballot'measure will have on these ordinances.The City has an ordinance allowing owners of mobile homes in mobile home parks to temporarily rent their mobile homes for reasons of personal hardship.And the City, as part of"its zoning ordinance,has provisions concerning mobile park conversions; that is,when land is changed.from a mobile home park use to some other type of use. If passed, the proposed ballot measure may affect one or more of these ordinances. To the Honorable City Council of the City of Huntington Beach: We,the undersigned,registered and qualified voters of the State of California and residents of the City of Huntington Beach, pursuant to Section 3 of Article XI of the California Constitution,Article 3(commencing with Section 9255)of Chapter 3 of Division 9 of the Elections Code and Section 34450 of the Government Code,present to the city council of the city this petition and request that the following proposed amendment to the charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an election on a date to be determined by the city council in accordance with law. The proposed charter amendment reads as set forth below and on the subsequent page hereof: The People of the City of Huntington Beach do adopt (c) This Section 803 shall not apply to: as follows: (1) any real property which contains A PROPOSAL TO ADD SECTION 803 TO THE serious health, safety, fire or building CITY CHARTER OF THE CITY OF code violations, excluding those HUNTINGTON BEACH caused by disasters, for which a civil SECTION 1. Property Rights Protection Measure: or criminal citation has been issued by the City and remains unabated for six The City Charter of the City of Huntington Beach months or longer; is hereby amended to add a new Section 803 to read (2) any real property owned by a pub- as follows: lic entity, and real property where the "Section 803. PROPERTY RIGHTS PRO- owner has agreed by contract with the TECTION MEASURE. public entity, including the City and (a) The City shall not enact or enforce any any of its related agencies,to accept a measure which mandates the price or other.consider- financial contribution or other tangible ation payable to the owner in connection with the sale, benefit including without limitation, lease, rent, exchange or other transfer by the owner assistance under the Community Re- of real property.Any such measure is hereby repealed. development Law; (b) The word "mandates" as used in sub- (3) any planning or zq gng�gower of section (a)includes any measure taken by ordinance, the City as relates to & u e, occu- resolution, administrative regulation or other action pancy or improvement 9f real property of the City to establish, continue, implement or en- and to any real property"ich'fhe�City force any control or system of controls on the price or or any of its related agencies may.'ac- other terms on which real property in the City may be quire by eminent domain, pprch;Ase, offered, sold, leased, rented, exchanged or otherwise grant or donation; - transferred by its owner. The words real property .,any power of the City require t�f as used in subsection(a)refer to any parcel of land or ��} � (4)." ,. "-- site,either improved or unimproved,on which a dwell- abftsmess license for the sale or rental ing unit or residential accommodation is or may be of real property, whether for regula- situated for use as a home,residence or sleeping place. 4, "..5' tion or general revenue purposes; PETITION FOR SUBMISSION TO VOTERS OF PROPOSER AMENDMENT TO THE CHARTER OF THE CITY OF HUNTINGTON BEACH The City Attorney of Huntington Beach has prepared the following title and summary of the chief purpose and points of the proposed charter amendment: BALLOT TITLE . A ballot measure to amend the Charter of the City of Huntington Beach to provide that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example, by the adoption of a rent control ordinance). BALLOT SUMMARY The proposed measure, called the"Property Rights Protection Measure,"and citing social problems alleg- edly caused by rent control in Santa Monica,would add Section 803 to the Charter of the City of Hunting- ton Beach to provide that the City shall not enact or enforce any measure that would mandate the price or other consideration payable to a property owner in connection with the sale,lease,rent,exchange or trans- fer of that property.The purpose of the proposed ballot measure is to prohibit the City from adopting any regulation that would impose price or rent controls on residential properties, such as single family homes, apartments, or mobile home parks. The proposed ballot measure permits the establishment of price or rent controls in six circumstances, in- cluding: properties which contain serious health, safety, fire or building code violations which remain un- abated for six months or longer; and properties owned by public agencies. At the present time,the City has several ordinances that deal with the general subjects of mobile homes and mobile home parks.It is not known what affect,if any,that passage of the proposed ballot measure will have on these ordinances.The City has an ordinance allowing owners of mobile homes in mobile home parks to temporarily rent their mobile homes for reasons of personal hardship. And the City, as part of its zoning ordinance,has provisions concerning mobile park conversions;that is,when land is changed from a mobile home park use to some other type of use. If passed,the proposed ballot measure may affect one or more of these ordinances. (text continued) whereas the elderly population of Los Angeles County (5) any dwelling unit or accommo- rose by more than 15% over the same decade. The dation in any hotel,motel or other fa- elderly population increased over this period in every cility when the transient occupancy of comparable city without rent control in Southern Cali- that dwelling unit or accommodation fornia. is subject to a transient occupancy tax; The result of social experimentation with rent or control in Southern California produces the follow- (6) to impair the obligation of any ing conclusion: contract entered into prior to the en- actment of this Section 803 or other- rent control does not provide more or better af- wise required by State law." fordable housing for anyone—especially the eld- erly and young families. SECTION 2. Title of Proposal to Amend the The imposition of rent control forces some prop- City Charter: erty owners to change the use of their property and The proposal to amend the City Charter of the this change of use often can result in more develop- City of Huntington Beach to add a new Section 803 ment and pressures which cause the destruction of shall be known as the "Property Rights Protection existing neighborhoods.Unnecessary and complicated Measure". government interference in private property transac- tions and homeownerships and rental decisions pro- SECTION 3. Findings and Statement of Pur- duces wasteful lawsuits and imposes needless costs pose of Property Rights Protection Measure: on all taxpayers. There is strong and convincing practical evidence We the people find that the best means to assure that our which shows that price controls on the sale or rental community and neighborhoods are preserved is to pro- of any residential accommodation does nothing to test property rights and to allow owners to make their preserve or maintain affordable housing. In fact the own decisions about the price and other terms on which evidence in Southern California appears to show that they can sell or lease their residential property. rent control destroys affordable housing and acceler- ates development pressures to turn older properties SECTION 4. Severability: into new and higher density commercial and so-called "up-scale" housing. To pick just one of many ex- If any provision of Section 803 of the City Charter of amples—in the City of Santa Monica with its rent the City of Huntington Beach, or the application to control regulations Santa Monica has seen a decline any person or circumstance is held invalid by a court in the number of family households with children of competent jurisdiction, such invalidity shall not which is larger than any other comparable city in affect other provisions or applications of Section 803 Southern California without rent control. Under rent which can be given effect without the invalid provi- control,Santa Monica's elderly population(age 65 or sion or application, and to this end, the provisions of over)declined by 1.7 percent between 1980 and 1990, Section 803 are declared to be severable. 0 PETITION FOR'SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE CHARTER'OF THE CITY OF HUNTINGTON.BEACH The City Attorney of Huntington Beach has'prepared the following title and summary of the chief purpose and points of the proposed charter amendment: BALLOT TITLE A ballot measure to amend the Charter of the City of Huntington Beach to provide that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example, by the adoption of a rent control ordinance). BALLOT SUMMARY The proposed measure,called the"Property Rights Protection Measure," and citing social problems alleg- edly caused by rent control in Santa Monica,would add Section 803 to the Charter of the City of Hunting- ton Beach to provide that the City shall not enact or enforce any measure that would mandate the price or other consideration payable to a property owner in connection with the sale, lease,rent,exchange or trans- fer of that property. The purpose of the proposed ballot measure is to prohibit the City from adopting any regulation that would impose price or rent controls on residential properties, such as single family homes, apartments, or mobile home parks. The proposed ballot measure permits the establishment of price or rent controls in six circumstances; in- cluding: properties which contain serious health, safety, fire or building code violations which remain un- abated for six months or longer; and properties owned by public agencies. At the present time,the City has several ordinances that deal with the general subjects of mobile homes and mobile home parks.It is not known what affect,if any,that passage of the proposed ballot measure will have on these ordinances.The City has an ordinance allowing owners of mobile homes in mobile home parks to temporarily rent their mobile homes for reasons of personal hardship.And the City, as part of its zoning ordinance, has provisions concerning mobile park conversions; that is,when land is changed from a mobile home park use to some other type of use. If passed, the proposed ballot measure may affect one or more of these ordinances. f : NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given by the person whose name appears hereon of his/her intention to circulate the petition within the City of Huntington Beach for the purpose of qualifying the Property Rights Protection Measure.A statement of the reasons of the proposed action as contemplated in the petition is as follows: There is strong and convincing practical evidence which shows that price controls on the sale or rental of any residential accommodation does nothing to preserve or maintain affordable housing.In fact the evidence in Southern California appears to show that rent control destroys affordable housing and accelerates development pressures to turn older properties into new and higher density commercial and so-called"up-scale"housing.To pick just one of many examples—in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households with children which is larger than any other comparable city in Southern California without rent control.Under rent control,Santa Monica's elderly population(age 65 or over) declined by 1.7 percent between 1980 and 1990, whereas the elderly population of Los Angeles County rose by more than 15% over the same decade. The elderly population increased over this period in every comparable city without rent control in Southern California. The result of social experimentation with rent control in Southern California produces the following conclusion: Rent control does not provide more or better affordable housing for anyone—especially the elderly and young families.The imposition of rent control forces some property owners to change the use of their property and this change of use often can result in more development and pressures which cause the destruction of existing neighborhoods.Unnecessary and compli- cated government interference in private property transactions and homeownerships and rental decisions produces wasteful lawsuits and imposes needless costs on all taxpayers. We the people find that the best means to assure that our community and neighborhoods are preserved is to protect property rights and to allow owners to make their own decisions about the price and other terms on which they can sell or lease their residential property. Proponent of Measure /s/ Ed Laird NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER.YOU HAVE THE RIGHT TO ASK. This column for ALL SIGNERS AND CIRCULATORS OF THIS PETITION MUST BE REGISTERED VOTERS IN THE CITY OF HUNTINGTON BEACH. official use only. s� Z U) U���p) -4 yByi M IIYtl I LU I Re �a vity Zip 3 PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENT (I TO THE CHARTER OF THE CITY OF HUNTINGTON BEACH The City Attorney of Huntington Beach has prepared the following title and summary of the chief purpose and points of the proposed charter amendment: BALLOT TITLE A ballot measure to amend the Charter of the City of Huntington Beach to provide that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from at or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example, by the adoption of a rent control ordinance). BALLOT SUMMARY The proposed measure,called the"Property Rights Protection Measure,"and citing social problems alleg- edly caused by rent control in Santa Monica,would add Section 803 to the Charter of the City of Hunting- ton Beach to provide that the City shall not enact or enforce any measure that would mandate the price or other consideration payable to a property owner in connection with the sale,lease,rent,exchange or trans- fer of that property.The purpose of the proposed ballot measure is to prohibit the City from adopting any regulation that would impose price or rent controls on residential properties,such as single family homes, apartments,or mobile home parks. The proposed ballot measure.permits the establishment of price or rent controls in six circumstances, in- cluding: properties which contain serious health, safety, fire or building code violations which remain un- abated for six months or longer; and properties owned by public agencies. At the present time,the City has several ordinances that deal with the general subjects of mobile homes and mobile home parks.It is not known what affect,if any,that passage of the proposed ballot measure will have on these ordinances. The City has an ordinance allowing owners of mobile homes in mobile home parks to temporarily rent their mobile homes for reasons of personal hardship.And the City, as part of its zoning. ordinance,has provisions concerning mobile park conversions; that is,when land is changed from a mobile home park use to some other type of use.If passed,the proposed ballot measure may affect one or more of these ordinances. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAIL) SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. This column for ALL SIGNERS AND CIRCULATORS OF THIS PETITION MUST BE REGISTERED VOTERS IN THE CITY OF HUNTINGTON BEACH. official use only. Mill I f M i M 1 I M DECLARATION OF CIRCULATOR(To be completed after above signatures have been obtained.) I circulated this petition and witnessed each of the appended signatures on this petition being written.Each signature of this petition is,tot e best of my info matl9n and belief,the genuine signature of the person whose name it purports to be.All signatures on this document were obtained between f 60and�GVI declare under penalty of pe' under the laws of the State of California that the foregoing is true and correct. month, ay,year month,day,year Executed at l � CA on G City Date Sign Full Name,including Middl ame or Initial Print Name Residence Address City 7JP For Processing Use Only CIRCULATOR INSTRUCTIONS Our Number _ 1.Use blue or black Ink pen. t F 7 , 2.All signers must be registered in the City of Huntington Beach. r—( r T 7 T, L L _ J 3.Declaration of Circulator must be signed gff g.(i signatures obtained. L _L 1 J_ J 4 y r INGTp4 : OFFICE OF CITY ATTORNEY 46f couNtr c' P.O. Box 190 2000 Main Street Telephone Gail Hutton Huntington Beach, California 92648 (714) 536-5555 City Anomey Fax (714) 374-1590 December 12, 2000 Mr. Peter Bagatelos Bagatelos &Fadem 601 California Street # 1410 San Francisco, CA 94108 BY FAX TO (415) 982-1085 Re: Status of Huntington Beach Wave Dear Mr. Bagatelos: This letter is to confirm our conversation this afternoon regarding the status of the Huntington Beach Wave. I have transmitted with this letter a copy of the Orange County Superior Court order establishing the Wave as a newspaper of general circulation for the City of Huntington Beach. Accordingly, I have confirmed with City Clerk Connie Brockway that the publication of your client's petition in the Wave is the controlling publication date. Therefore, my understanding is that the petitions may be submitted to the Clerk's office no later than Monday, December 18, 2000. Please note that we are still researching how many signatures are required pursuant to Elections Code Section 9255. If you have any further questions regarding these matters, please contact me at your earliest convenience. Sincerely, GAIL HUTTON City Attorney By: Paul D'Alessandro Assistant City Attorney cc: Connie Brockway, City Clerk GA:2000letters:13agatelos 12-12 I L-4:UU � r"MUM UU-,M l-LJFII`'IUIN 1 I T U 1 V. / 1 4 /U4 J/^I / r-_ L d.� I Peter C. Freeman SBN 100744 F 1 L D LAW OFFICES OF PETER C. FREEMAN ORANOE COUNTY SUP01e0 COURT 2 1551 N. Tustin Avenue Suite 850 J U L fl l 1998 Co 3 Santa Ana, California 92705-8636 PLAN SLATER,CICC ►ve Vilio6f,et"I 4 Telephone (714) 667-7878 By M. o MOO R O . M. 5 Attorneys for Petitioner'The HUNTINGTON BEACH WAVE 6 7 8 STJPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTS' OF ORANGE 10 11 IN THE MATTER OF THE PETITION OF CASE NO. A 185906 THE HUNTINGTON BEACH WAVE FOR ) 12 ADJUDICATION AS A NEWSPAPER OF [PROPOSED] ORDER ESTABLISHING GENERAL CIRCULATION IN THE CITY ) AND ASCERTAINING T H E 13 OF HUNTINGTON BEACH, ) HUNTINGTON BEACH WAVE AS A NEWSPAPER OF GENERAL 14 Petitioaer, } CIRCULATION 15 (Government Code §6000 er seq.] 16 17 18 The Petition for Order Ascertaining and Establishing the standing of the HUNTINGTON 19 BEACH WAVE as a newspaper of general circulation in and for the City of Huntington Beach, 20 within the County of Orange, State of California, pursuant to the provisions of California 2] rn Govement Code Section 6000, et seq., came on regularly for hearing on July 1, 1998, at 9:00 a.m. in Department 703 of the above-entitled court, the Honorable DAVID A, CHASE 22 23 Judge Presiding. Peter C. Freeman, the Law Offices of Peter C. Freeman appeared on behalf of 24 the Petitioner. There were no appearances to object to or contest the Petition. 25 The Court, having found that due notice of the time and place of the hearing having been 26 given in the form and manner required by law, and evidence having been duly presented as required 27 by law and good cause appearing therefor: 28 DEC-12-2000 16:37 714 704 3717 98% P.02 "2-1 2-200 5:35PM FROM OCR COMMUN I 1 Y U I V. /1 a 10a --�/ I / r. s ® - e..N s ' e a 1 IT IS HEREBY ORDERED, DECREED ARID ADJUDGED that said newspaper, the 2 HUNTINGTON BEACH!WAVE, is a newspaper of general circulation for the City of Huntington 3 Beach, within the County of Orange, State of Califarnia. 4 5 Dated: JUL 01 t991998 DAA1/1® 1r 6 JUDGE OF THE SUPERIOR COVRT 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DEC-12-2000 16:37 714 704 3717 98% P.03 12-12-230 5_ 'IOPM FROM OCR COMMUNITY DIV. 714 704 3717 P_ 1 T H E O R A N G E C O U N T Y December 12,2000 To Whom It May Concern: It is with much regret to have to inform you that the Orange County Register is not City Adjudicated for the City of Huntington Beach.The newspaper that is City adjudicated is the Huntington Bcach Wave. We arc sorry for any inconvenience this may have caused you. If you have any questions or if I can be of further assistance,you may contact me at(714)796-7000 x2417 or Lily Montes, Legal advertising Coordinator at (714)796-7000 xl?53. Sincerely, Lydia Magallanes r Legal Advertising Supervisor '; Orange C��Ttegister `,f,ily Mo11tes T,egal Advertising Coordinator J• > CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Gail Hutton City Attorney FROM: Connie Brockway City Clerk SUBJECT: Request by Citizen Re: Petitions for Proposal 803 to City Charter DATE: November 29, 2000 I received a letter from Mr. and Mrs. Henshaw regarding the manner signatures are being gathered for the above petition. In the letter Mr. and Mrs. Henshaw requests the City's legal department to look into the matter. A copy of the letter is attached. Thank you for your consideration of this matter. CB:st Attachments cc: Mr. Richard Henshaw Mrs. Sandra Henshaw C bmemo2000H enshawP roposa1803 November 21, 2000 Connie Brockway,City Clerk City Clerk's Office City of Huntington Beach P O Box 190/2000 Main St Huntington Beach, Ca. 92648 Re: Proposal 803 to City Charter of Huntington Beach Dear Ms. Brockway As a followup to our telephone conversation on Monday November 20, 2060, 1 am directing this letter to you to express my disagreement with the way the petitions for this measure are being gathered. My wife and I were entering the Vons Grocery Store on Springdale & Warner on Sunday afternoon November 19, 2000 around 5:30 PM and were greeted by a lady petitioner and asked if I was a registered voter residing in Huntington Beach-the following conversation ensued. 1. My question—What am I signing for? 2. Her Answer -The truth on Rent Control 3. My question- Is it for or against Rent Control? 4. Her Answer- Its just to get to the truth on Rent Control 5. My question- So its to put the question of Rent Control on the ballot? 6. Her Answer - Yes to get to the truth on Rent Control 7. My Question- Who are you working for/who pays you to collect signatures? 8. Her Answer - I work for the people to get to the truth of this matter. I originally signed the petition thinking it was to put the matter to a vote, before returning to her I read the measure, which of course is nothing like she told me. I asked her directly why did she feel she had to deceive the public to get them to sign this petition? Her answer said it all as far as I was concerned, she said what I told you was what I was told to say. I then asked her who told her to say that and she refused to tell me. By now she was beginning to get a little irritated and started in on my wife and I by saying this was her first day at this and had met a really lot of very nice people and she was going to be praying to God for them. I said I guess you will not be praying for us and she said that's-right. We asked her what any of this had to do with religion? I found this a little odd for a,petitioner to be bringing up religion. At this point I was getting a little irritated myself and decided to go into the store and complain to the Manager, got our groceries and left. have no problem with this petition and the right for Property Owners to circulate this petition but I do have a problem with misleading the public and a lot of people probably went ahead and signed this petition,thinking it was something different than what it actually is because she was not telling the truth. If someone is telling all of the petitioners to present the petition this way then I feel the City Legal Department should look into this matter. Also I scratched my name off of the petition. Thank you for your assistance. ® Page 2 November 21,2000 Sincerely, 44� Richard F. Henshaw 6241 Warner Ave. Sp 226 Huntington Beach, Ca.92647 714-847-6755 Home Tele 714-969-2342 Work Tele 714-969-3160 Work Fax ® Page 2 November 21,2000 Sincerely, Sandra J. Henshaw 6241 Warner Ave. Sp 226 Huntington Beach, Ca. 92647 714-847-6755 Home Tele �, CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION DATE: August 7, 2000 TO: Honorable Mayor and City Councilmembers FROM: Connie Brockway City Clerk RE: Election Code Provisions—Setting Election Date For Charter Amendment Election—(Example—Rent Control Prohibition) The California Elections Code provides options to the City Council as follows: (1) Schedule the Charter Amendment Election at an established municipal election (November 2002) or (2) Call a Special Election for*March 2001 or June 2001. or (3) November 2002. *1 do not believe March 2001 is feasible for an election date, as the due date for the petition to be submitted to my office is December 14, 2000. The County Registrar is allowed 30 working days to verify signatures (15%). The petition is then submitted to Council. An election must be called at least 88 days prior to March, 2001. The December, 2000 submittal would allow enough time for a March election Please call if you have questions. Attachment: Excerpt from the Elections Manual KLM The clerk may wish to accept the petitions for an unofficial prima facie check to include a determination of the number of registered voters reported by the county elections department to the Secretary of State effective on the publication date of the notice of intention, conduct a quick count of the signatures and a brief review to determine if any are not valid, e.g., address missing, someone other than voter added address, voter outside city, declaration of circulator missing, etc. (See §§9255(c), 9267, 9210, EC). Once filed, the city clerk has 30 days, Saturdays, Sundays and holidays excepted, in which to verify signatures on the petition by checking all signatures or by random sampling pursuant to EC §§ 9114 & 9115. Random sampling is a technical process that should not be attempted without checking with MARTIN&CHAPMAN CO. or with your county election department.The clerk must notify the proponents as to the sufficiency or insufficiency of the petitions and must certify the results of the examination to the city council if the petition is sufficient (§§ 9266, 9114, 9115,EC).The petition shall be preserved until eight months after the clerks examination or'after the certification of results of the election, whichever is later. Public access to the petition is restricted. Proponents, of course, are allowed to review the petition if it did not qualify (§ 17200(d)(4), EC; §6253.5, GC.) The clerk must certify a sufficient petition to the city council at the next regular meeting (§ 9114,.ECG. the petition is signed by not less than 15 percent of the registered voters of the city according to the county election departments last official report of registration to the Secretary of State,the city charter proposal shall be submitted to the voters at either a special election called for that purpose, at any established municipal election date, or at any established election date pursuant to § 1000, EC, provided that there are at least 88 days before the election(§§ 1415,9255, EC) V a / CITY OF 1 i../NTING 9 ON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Gail Hutton City Attorney FROM:. Connie Brockway City Clerk DATE: June 5, 2000 SUBJECT: Publication of Notice of Intent to Circulate Petition Attached is the Notice of Intent to Circulate Petition file by Mr. Ed Laird, Proponent. This notice reflects the words Paid Advertisement. I phoned the Register newspaper and was informed that the Register's Legal Counsel advised the Register to put these words on notices as some notices the Register does not wish readers to think they are involved with. In review of the June 5, 2000 Register classifieds section, no other public notice had such language. Please advise me if your Office believes this to be a non-substantial deviation from normal publication procedures. Ql�I hCz �lZ� /J Gt,cv/ay7`on . d .J Jti gIcbmemoslpublication of notice of intent-jh.doc Y 4 ~ • > CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL. COMMUNICATION TO: Honorable Mayor and City Councilmembers FROM: Connie Brockway, City Clerk DATE: May 31, 2000 SUBJECT: Notice of Intent to Circulate Petition — Filed by Ed Laird For Council information is the Ballot Title and Summary prepared by the City Attorney pursuant to Elections Code § 9203(a). This ballot title and summary has been transmitted to Mr. Laird, Proponent. Mr. Laird will publish the Ballot Title and Summary, together with the Notice of Intent in the newspaper. The circulating of the petition can begin following the publication. gIcbmemos/notice of intent—jh.doc o p p + p 1, u p p n I S ® N T i9 6 c a u N Y Y C rCr - This space is for the County Clerk's Filing Stamp 625 N. Grand Ave_. Santa Ana, CA 92701 PROOF OF PUBLICATION jt4}jj :ii1:: =. (2015.5 C.C.P.) STATE OF CALIFORNIA, ) County of ®range, , NOTICE OF INTENT Proof of publication of j TO CIRCULATE PETITION Notice is hereby given by the person whose name I am a cibzen of the united States and a resident of appears hereon of his/her intention to circulate the petition within the City of Huntington Beach for'the purpose of qualifying the Property Rights Protection Measure. A statement of the reasons of the pro- the County aforesaid; I am over the age of twenty posed action as contemplated in the petition is as tcl- Tows:There is strong and convincing practical evi- dense which shows that price controls on the sale or one years. and not a partydt to or interested in the rental of any residential accommodation does noth. � ing to preserve or maintain affordable housing. In fact the evidence in Southern California appears to above entitled matter. I � the principal clerk of the show that rent control destroys affordable housing .and accel6rates development pressures to turn old er properties into new and higher density commer- cial and so-called "up-scale" housing.To pick just punter of The ®pangs Runty R eivi stel°® a one of may examples--in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households newspaper of general circulation, published in the with children which is larger than any other compara- ble city in Southern California without rent control. Under rent control,'Santa Monica's elderly popula- ci of Santa Ana, Countyof ®rangne. and which tion (age 65 or over) declined by 1.7 percent be- y7 tween 1980 and 1990,whereas the elderly popula- tion of Los Angeles County rose by more than 15% er has been adjudged to be a newspaper of over the same decade. The elderly population in- newsp aper � g � creased over this period in every comparable city without rent control in Southern California.The result Court social experimentation with rent control in South- general circulation by the Sul)enor Court of the ern California-produces the following conclusion: Rent control does not provide more or better afforda- ble housing for anyone--especially the elderly and County of ®range, State of California, under the young families.The imposition of rent control forces some,property owners to change the use of their ' property and this-change of use often can result in date of November 19 1905 Case No.A 21046 that more development and pressures which cause the + e destruction of existing neighborhoods.Unnecessary d and complicated government interference in private of which the annexed is a true anted property transactions and homeownerships aqd'rent- the notice, P al deasions produces wasteful lawsuits and impos-' as needless costs on all taxpayers.We the people find that the best means to assure that our communi-. copy, has been published in each regular and entire ty and'neighborhoods are preserved is to protect property rights and to allow owners to make their own decisions about the price and other terms on issue of said newspaper and not in any supplement which they can sell or lease their residential property: /s/Ed Laird i thereof on the following dates,to wit: Proponent of Measure The Huntington Beach City Attorney has prepared the following Title and Summary of the chief purr pose and points of the proposed measure: BALLOT TITLE A ballot measure to amend the Charter of the City of Huntington Beach to provide that only a property owner Gan establish the price or terms regarding that property's sale,lease,rental,exchange or trans- I far; and prohibiting the City of Huntington Beach May 28 ZOOO from legislating or regulating the price or terms con- s i1 cerning the sale,leae,rental,exchange or transfer of property(for example,by the adoption of a rent control ordinance). BALLOT SUMMARY The proposed measure, called the "Property Rights Protection Measure,"and citing social prob- lems allegedly caused by rent control in Santa i Monica,would add Section 803 to the Charter of the City of Huntington Beach to provide that the City shall not-enact or enforce any measure that would. imandate the price or other consideration payable to a property owner in connection with the sale,lease, 'I certify (or declare' under the penalty of pequry rent,exchanproposed e P transfer of that property.The purr pose of the ro osed ballot measure is to ro ibit the City from adopting any regulation that would im- under the lags of the State of California that the pose price'or rent controls on residential properties, , such as single family homes,apartments,or mobile foregoing is true and correct': home parks.The proposed ballot measure permits the establishment of pace or rentcontrols in six cir- cumstances,including:properties which contain se- May 28 i rious health,safety, fire or building code violations , 2000 which remain unabated for six months or longer; ®ate and properties owned by public agencies. At the present time,the City has several ordinances that i deal with the general subjects of mobile homes and r mobile home parks. It is not known what affect, if any,that passage of the proposed ballot measure. will have on these ordinances.The City has an ordi- nance allowing owners of mobile homes in mobile si atura �° t home parks to temporarily rent their mobile homes i PR®®F ■ PU 13 L S�W��® for reasons of personal,-hardship.proviprovisions And the City, 0 part of its zoning ordinance,has provisions concernn- ing mobile park conversions;that is,when land is - changed from a mobile home park use to some oth— er er type of use.If passed,the proposed ballot meas-lit ure may affect one or more of these ordinances. Published:Orange County Register May 28,2000 4061849 R-1789 if (Paid Advertisement) I� e s � d AFFIDAVIT OF PUBLICATION >- R06F OF PUB�.�CATION L _ ::, STATE OF CALIFORNIA, ) 1 This,pacaris for the Count}+-Clerk's Filing Stamp SS. County of Orange ) I am a citizen of the United States and a resident proof of of the County aforesaid;I am over the age of (Paid Advertisement) NOTICE OF INTENT TO CIRCULATE PETITION eighteen years, and not a party to or interested Notice is hereby given by the person whose name appears hereon of his/her intention to circulate the petition within the City of Huntington Beach for the in the above entitled matter. I am the principal purpose of qualifying the Property Rights Protection Measure. A statement of the reasons of the pro- posed action as contemplated in the petition is as fol- clerk of the Huntington Beach Wave, a lows:There is strong and convincing practical evi- dence which shows that price controls on the sale or rental of any residential accommodation does noth- newspaper that has been adjudged to be a ing to preserve or maintain affordable housing. In fact the evidence in Southern California appears to show that rent control destroys affordable housing newspaper of general circulation by the Superior and accelerates development pressures to turn old- er properties into new and higher density commer- cial and so-called "up-scale" housing To pick just I g one of may examples--in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households California,on July 1, 1998, Case No.A-185906 with children which is larger than any other compara- ble city in Southern California without rent control. in and for the Cit of Huntin ton Beach,Count Under rent control, Santa Monica's elderly popula- y g y lion (age 65 or over) declined by 1.7 percent be- tween 1980 and 1990,whi1eeyreas these y elderly popula- of Orange, State of California;that the notice,of over°the°sa egdec elesde nThe°elderly popuatonmore than 5n- creased over this period in every comparable city which the annexed is a true Tinted co has without rent control in Southern California.The result II py of social experimentation with rent control in South- ern California produces the following conclusion: been published in each regular and entire issue of Rent control does not provide more or better afforda- ble housing for anyone--especially the elderly and rces said newspaper and not in any supplement someung profampertyes.The imposition to ion of rent control their some property owners to change the use of their property and this change of use often can result in more development and pressures which cause the thereof on the following dates,to wit: destruction of existing neighborhoods.Unnecessary and complicated government interference in private i property transactions and homeownerships and rent- al decisions produces wasteful lawsuits and impos- I es needless costs on all taxpayers,We the people find that the best means to assure that our oommum- June 1, 2000 ty and neighborhoods are preserved is to protect property rights and to allow owners to make their own.decisions about the price and other terms on which they can sell or lease their residential "I certify(or declare)under the penalty of property. /s/Ed Laird Proponent of Measure perjury under the laws of the State of California The Huntington Beach City Attorney has prepared the following Title and Summary of the chief pur- I that the foregoing is true and correct": pose and points ofBtAhLLOT TITLEeasure: A ballot measure to amend the Charter of the City of Huntington Beach to provide that only a property Executed at Santa Ana,Orange County, owner can establish the price or terms regarding California on that property's sale,lease,rental,exchange or trans- " fer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms con- cerning the sale,lease,rental,exchange or transfer Date: June 1 2000 of property(for example,by the adoption of a rent control ordinance. ; LLOT SUMMARY The proposed measure, called the "Property Rights Protection Measure,"and citing social prob- lems allegedly caused by rent control in Santa Monica,would add Section 803 to the Charter of the City of Huntington Beach to provide that the City" shall not enact or enforce any measure that would mandate the price or other consideration payable to Signatur a property owner in connection with the sale,lease, rent,exchange or transfer of that property.The pur- pose of the proposed ballot measure is to prohibit the City from adopting any regulation that would im- Huntington Beach Wave pose price or rent controls on residential properties, such as single family homes,apartments,or mobile 625 N.Grand Ave. home parks.The proposed ballot measure permits the establishment of price or rent controls in six cir- Santa Ana,CA 92701 cumstances,including:properties which contain se- (714)796-7000 ext.3002 whit health,safety,fire or building code violations which remain unabated for six months or longer; and properties owned by public agencies. At the present time,the City has several ordinances that deal with the general subjects of mobile homes and mobile home parks. It is not known what affect, if any,that passage of the proposed ballot measure will have on these ordinances.The City has an ordi- nance allowing owners of mobile homes in mobile home parks to temporarily rent their mobile homes for reasons of personal hardship.And the City,as part of its zoning ordinance,has provisions concern- ing mobile park conversions;that is,when land is changed from a mobile home park use to some oth- er type of use.If passed,the proposed ballot meas- ure may affect one or more of these ordinances. Published:Huntington Beach Wave June 1,2000 - 4059800 - 63-103 (Paid Advertisement) i ® FAX FROM: 0 CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH P O Box 19012000 Main Street Huntington Beach, CA 92648 HUNTINGTON BEACH 1 (714) 536-5227 (714) 374-1557 FAX Fax #: '71�-- 93-9- MS Date: Number of Pages (including cover page): By: �, �(, Deputy City Clerk To: h� � INTERN T ADDRESS: V http://www.ci.huntington-beach.ca.us OR http://www.hbsurfcity.com/clerk Phone: Remarks: Urgent 11 For your review JLReply ASAP 11 11 Please co-mrmn:enrit= Per your request (kle T) 'r xi` -2-sy) 97Forms/fax i ARTICLE V ORDINANCES AND RESOLUTIONS Section 500. REGULAR ORDINANCES. ENACTMENT,ADOPTION,PUBLICATION, AMENDMENT,WHEN EFFECTIVE AND CODIFICATION. (a) Enactment. In addition to such other acts of the City Council as are required by this Charter to be taken by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Huntington Beach does ordain as follows:." No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting. Upon introduction and second reading, an ordinance shall be read by title only. Unless a higher vote is required by other provisions of this Charter,the affirmative vote of at least four of the City Council shall be required for the enactment of any ordinance or for the making or approving of any order for the payment of money. All ordinances shall be signed by the Mayor and attested by the City Clerk. (b) Adoption. A regular ordinance shall be adopted only at a regular or adjourned regular meeting held no less than five days after its introduction. In the event that any ordinance is altered after its introduction, it shall be finally adopted only at a regular or adjourned regular meeting held no less than five days after the date it was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. c Publication. The City Clerk shall cause each ordinance to be posted in three laces designated b ( ) tY P P g Y the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semiweekly or weekly newspaper,published in the County or the City and circulated in the City,which is selected by the City Council for that purpose. (d) Amendment. The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended. (e) When Effective. Every ordinance shall become effective thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption: (1) An ordinance calling or otherwise relating to an election; (2) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto; (3) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property. (4) An emergency ordinance adopted in the manner provided in this Charter. (f) Codification. Detailed regulations pertaining to any subject and comprehensive codifications of valid ordinances may be adopted by reference,with the same effect as an ordinance, in the manner set forth herein; however, such regulations and codifications need not be published in the manner required for other ordinances,but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to adoption. Ordinances codified shall be repealed as of the effective date of the codification. Amendments to the code shall be enacted by ordinance. c-13 Section 501. EMERGENCY ORDINANCES. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be adopted in the manner provided in Section 500 except that such emergency ordinance may be introduced, enacted and adopted at one and the same regular or special meeting and shall take effect immediately upon adoption if passed by at Ieast five affirmative votes. Section 502. RESOLUTIONS. The City Council may act by resolution or minute order in all actions not required by this Charter to be taken by ordinance. ,Section 503. PUBLISHING OF LEGAL NOTICES. The City Council shall cause to be published all legal notices-and other matters required to be published by law in a daily, semiweekly or weekly newspaper published in the County or the City and circulated in the City which is selected by the City Council for that purpose. No defect or irregularity in proceedings taken under this section shall invalidate any publication where it is otherwise in conformity with this Charter or law or ordinance. ARTICLE VI FISCAL ADMINISTRATION Section 600. FISCAL YEAR. The fiscal year of the City shall be from July 1 to June 30 unless otherwise established by ordinance. Section 601. ANNUAL BUDGET,PREPARATION BY THE CITY ADMINISTRATOR. At such date as the City Administrator shall determine, each board or commission and each department head shall furnish to the City Administrator,personally, or through the Director of Finance, estimates of the department's,board's or commission's revenue and expenditures for the ensuing fiscal year, detailed in such manner as may be prescribed by the City Administrator. In preparing the proposed budget,the City Administrator shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions as necessary, and may revise the estimates as may be deemed advisable. Section 602. ANNUAL BUDGET. SUBMISSION TO THE CITY COUNCIL. The City Administrator shall submit the proposed budget to the City Council at least sixty days prior to the beginning of each fiscal year. After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603. ANNUAL BUDGET. PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. Section 604. ANNUAL BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions, if any, by the affirmative vote of at least a majority of the total members of the Council. Upon final adoption,the budget shall be in effect for the ensuing fiscal year. Copies c-14 04/20/98 - City Council/Redevelopment Agency Minutes - Page 17 r(CITY COUNCIL) APPROVED AWARD OF CONTRACT FOR LEGAL ADVERTISING,E SERVICES TO HUNTINGTON BEACH INDEPENDENT (a) Awarded contract for providing legal advertising services to the Huntington-Beach Independent as the primary newspaper under the bid terms outlined, and (b) Approved and authorized execution of a three-year agreement between the City and the Huntington Beach Independent per the bid terms submitted, and (c) Continued the current City Council direction which approves placing the legal advertisement in the Orange County Register (daily publication) if there is insufficient time to place a legal advertisement in the Huntington Beach Independent, subject to approval by the City Administrator's Office of the initiating department's reason for urgency to advertise in the Orange County Register, and (d) At such times as the City Administrator's Office may authorize use of the Register to publish legal notices, the initiating department shall if time permits publish said notice in the Huntington Beach Independent This will assist the public who, except for extraordinary circumstances, must be able to rely on having to read only one newspaper to ensure they have read all the public notices which may have an impact on them. (CITY COUNCIL) APPROVED CITY ADMINISTRATOR EMPLOYMENT AGREEMENT WITH RAMON R. SILVER-Approved and authorized the Mayor and City Clerk to execute the Agreement For Professional Services - City Administrator- Ramon R. Silver to employ Ramon R. Silver as the City Administrator for the City of Huntington Beach. CITY COUNCIL) APPROVED AND FUNDED THE REPLACEMENT OF A DAMAGED PUBLIC WORKS DEPARTMENT MAINTENANCE VEHICLE - Approved the replacement of a damaged specialty Public Works Department maintenance vehicle with an appropriation of$59,000 from the City's Equipment Replacement Fund. (CITY COUNCIL) APPROVED AMENDMENT NO. 4 TO AGREEMENT WITH GIBBS, GIDEN, LOCHER AND TURNER, OUTSIDE LEGAL COUNSEL - PECK RESERVOIR LITIGATION - CITY OF HUNTINGTON BEACH V. MONTGOMERY WATSON, ET. AL - 1. Approved Amendment No. 4 To The Agreement With Gibbs, Giden, Locher AND Turner for legal services to represent the City in a lawsuit regarding Peck Reservoir and authorized execution by the Mayor and City Clerk and 2. Appropriated $10,000 into Account No. E-EW-AT-130-4- 05-00 for Gibbs, Giden, Locher and Turner for Peck Reservoir representation. (CITY COUNCIL/REDEVELOPMENT AGENCY)AUTHORIZED SALE AND TRANSFER OF OWNERSHIP - OCEAN VIEW ESTATES (7051 ELLIS AVENUE) MOBILE HOME UNIT NO. 28 (ESTATE OF M. STIPE) AND RENTAL AGREEMENT BETWEEN THE CITY AND ARTURO AND ADALGISA SANCHEZ FOR SPACE OCCUPANCY The City Council considered a communication from Economic Development Director Biggs and Deputy City Administrator-Administrative Services Director Franz requesting that Council authorize the sale and transfer of ownership - Ocean View Estates Mobile Home Unit No. 28 Estate of M. Stipe. 617 i 9255. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS (c)The total number of registered voters of the city or city and county shall be determined according to the county elections official's last official report of registration to the Secretary of State. (Added by Stats.1994,c.920,§2.) 9256. Notice of intent to circulate petition;affidavit of publication. The proponents of measure proposing to amend a charter shall publish or post,or both,a notice of intent to circulate the petition in the same form and; manner as.prescribed infections 9202,-9203,-9204;and 9205:The proponents shall also file an affidavit prescribed in Section 9206 with the derk 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 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,c.920,§2.) 9258. Each section to contain correct copy of text. The petition may be circulated in sections,but each section shall contain a correct copy of the text of the proposed amendment. (Added by Stats.1994,c.920,§2.) 9259. Requirements of signing. Each signer of the petition shall sign it in the manner prescribed by Sec- tion 9020. (Added by Stats. 1994,c.920,§2.) 9260. Form of petition. The petition shall be in substantially the following form: Petition for Submission to Voters of Proposed Amendment to the Charter of the City(or City and County)of To the city council(or other legislative body)of the City(or City and County)of We,the undersigned,registered and qualified voters of the State of Cali- fornia,residents of the City(or City and County)of ,pursuant to Section 3 of Article M of the California Constitution and Chapter 2(commencing with Section 34450)of Part 1 of Division 2 of Title 4 of the Government Code, present to the city council(or other legislative body)of the city(or city and county)this petition and request that the following proposed amendment to the charter of the city(or city and county)be submitted to the registered and qualified voters of the city(or city and county)for their adoption or rejection at an election on a date to be determined by the city council(or other legisla- tive body). The proposed charter amendment reads as follows: First.(setting forth the text of the amendment) (etc.) Signature Printed Name Residence Date 2000 262 9190. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS Chapter 3.Municipal Elections 9206. shall be named as real parties in interest.In the case of the county elections true and impartial statement of the purpose of the proposed measure in such official bringing the mandamus or injunctive action,the board of supervisors language that the ballot title shall neither be an argument,nor be likely to cre- of the county shall be named as the respondent and the person or official who ate prejudice,for or against the proposed measure. authored the material in question shall be named as the real party in interest. (b)The elections official shall furnish a copy of the ballot title and sum- mary to the person filing the proposed measure.The person proposing the Chapter 3.Municipal Elections measure shall,prior to its circulation,place upon each section of the petition, above the text of the proposed measure and across the top of each page of the Article 1.Initiative petition on which signatures are to appear, in roman boldface type not 9200. Scope of article. smaller than 12 point,the ballot title prepared by the city attorney.The text of Ordinances may be enacted by and for any incorporated city pursuant to the measure shall be printed in type not smaller than 8 point. this article. The heading of the proposed measure shall be in substantially the follow- (Added by Stats.1994,c.920,§2.) ing form: Initiative Measure to be Submitted Directly to the Voters 9201. Proposed ordinance may be submitted by petition. The city attorney has prepared the following title and summary of the Any proposed ordinance may be submitted to the legislative body of the chief purpose and points of the proposed measure: city by a petition filed with the elections official of the legislative body,in the (Here set forth the title and summary prepared by the city attorney.This manner hereinafter prescribed,after being signed by not less than the num- title and summary must also be printed across the top of each page of the peti- ber of voters specified in this article.The petition may be in separate sections, tion whereon signatures are to appear.) providing that the petition complies with this article.The first page of each (Amended by Stats.1999,c.312,§21.) section shall contain the title of the petition and the text of the measure.The _ petition sections shall be designated in the manner set forth in Section 9020. f Title or summary;writ of mandate. (Added by Stats.1994,c.920,§2.) 1 The proponent may seek a writ of mandate requiring the ballot title or 9202.J Notice of intent to circulate;filing,form. summary prepared by the city attorney to be amended.The court shall expe- (a)Before circulating an initiative petition in any city,the proponents of dite hearing on the writ.A peremptory writ of mandate shall be issued only the matter shall file with the elections official a notice of intention to do so, upon clear and convincing proof that the ballot title or summary is false,mis- which shall be accompanied by the written text of the initiative and may be leading,or inconsistent with the requirements of Section 9203. accompanied by a written statement not in excess of 500 words,setting forth (Amended by Stats.1999,c.312,§22.) the reasons for the proposed petition.—The notice shall be signed by at least J 9205. Where notice is published or posted. one,but not more than three,proponents and shall be in substantially the fol- L-" A notice of intention and the title and summary of the proposed measure lowing form: shall be published or posted or both as follows: Notice of Intent to Circulate Petition (a)If there is a newspaper of general circulation,as described in Chapter Notice is hereby given by the persons whose names appear hereon of 1(commencing with Section 6000)of Division 7 of Title 1 of the Government their intention to circulate the petition within the City of_for the purpose Code,adjudicated as such,the notice,title,and summary shall be published of .A statement of the reasons of the proposed action as contemplated in therein at least once. the petition is as follows: (b)If the petition is to be circulated in a city in which there is no adjudi- (b)Any person filing a notice of intent with the elections official shall pay cated newspaper of general circulation,the notice,title,and summary shall a fee to be established by the legislative body not to exceed two hundred dol- be published at least once,in a newspaper circulated within the city and adju- lars($200)to be refunded to the filer if,within one year of the date of filing the dicated as being of general circulation within the county in which the city is notice of intent,the elections official certifies the sufficiency of the petition. located and the notice,title,and summary shall be posted in three(3)public (Added by Stats.1994,c.920,§2.) places within the city,which public places shall be those utilized for the pur- r9203. Proposed measure;title and summary. pose of posting ordinances as required in Section 36933 of the Government �—(a)Any person who is interested in any proposed measure shall file a Code. copy of the proposed measure with the elections official with a request that a (c)If the petition is to be circulated in a city in which there is no adjudi- ballot title and summary be prepared.This request shall be accompanied by cated newspaper of general circulation,and there is no newspaper of general the address of the person proposing the measure.The elections official shall circulation adjudicated as such within the county,circulated within the city, immediately transmit a copy of the proposed measure to the city attorney. then the notice,title,and summary shall be posted in the manner described in Within 15 days after the proposed measure is filed,the city attorney shall pro- subdivision(b). vide and return to the city elections official a ballot title for and summary of (Added by Stats.1994,c.920,§2.) the proposed measure.The ballot title may differ from any other title of the 9206. Filing of publication affidavit. proposed measure and shall express in 500 words or less the purpose of the Within 10 days after the date of publication or posting, or both,of the proposed measure.In providing the ballot title,the city attorney shall give a notice of intention and title and summary,the proponents shall file a copy of 2000 252 253 2000 9206. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS the notice and title and summary as published or posted together with an affidavit made by a representative of the newspaper in which the notice was published or,if the notice was posted,by a voter of the city,certifying to the fact of publication or posting. If the notice and title and summary are both published and posted pursu- ant to subdivision(b)of Section 9205,the proponents shall file affidavits as required by this section made by a representative of the newspaper in which the notice was published certifying to the fact that the notice was published J and by a voter of the city certifying to the fact that the notice was posted. These affidavits,together with a copy of the notice of intention and title and summary,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. (Added by Stats.1994,c.920,§2.) 9207. When petition may be circulated. The proponents may commence to circulate the petitions among the vot- ers of the city for signatures by any registered voter of the city after publica- tion or pos or both,as required by Section 9205,of the title and summary prepared by the city attorney.Each section of the petition shall bear a copy of the notice of intention and the title and summary prepared by the city attor- ney. (Added by Stats.1994,c.920,§2.) 9208. Securing of signatures and petition filing time. Signatures upon petitions and sections of petitions shall be secured,and the petition,together with all sections of the petition,shall be filed within 180 days from the date of receipt of the title and summary,or after termination of ! any action for a writ of mandate pursuant to Section 9204,and,if applicable, after receipt of an amended title or summary or both,whichever occurs later. Petitions and sections thereof shall be filed in the office of the elections official during normal office hours as posted.If the petitions are not filed within the time permitted by this section,the petitions shall be void for all purposes. (Added by Stats.1994,c.920,§2.) 9209. Affidavit attached to petition. 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 the voter's residence address at the time of the execution of the declaration. (Added by Stats.1994,c.920,§2.) 9210. Filing of petition. The petition shall be filed by the proponents or by any person or persons authorized in writing by the proponents.All sections of the petition shall be filed at one time.Once filed,no petition section shall be amended except by order of a court of competent jurisdiction. When the petition is presented for filing,the elections official shall do all of the following: (a)Ascertain the number of registered voters of the city last reported by the county elections official to the Secretary of State pursuant to Section 2187 effective at the time the notice specified in Section 9202 was published. (b)Determine the total number of signatures affixed to the petition.If, from this examination,the elections official determines that the number of 2000 254 A EL---0i CITY OF HUNTINGTON BEACH Inter-(Department Communication TO: CONNIE BROCKWAY, City Clerk t FROM: SCOTT F. FIELD, Acting City Attorney DATE: May 25,2000 SUBJECT: RLS 00-470—Proposed Initiative Charter Amendment Providing That Only a Property Owner Can Determine the Price/Terms of Sale/Lease of Real Property Pursuant to Elections Code § 9203(a), and your memorandum to our office dated May 10, 2000,we submit the following ballot title and summary for the proposed measure: r°. BALLOT TITLE ' A ballot measure to amend the Charter of the City of Huntington Beach to - provide that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example,by the adoption of a rent control ordinance). zsfis°" BALLOT SUMMARY The proposed measure, called the "Property Rights Protection Measure," and ; -`-.�*, ,r,, citing social problems allegedly caused by rent control in Santa Monica, would '': '�- add Section 803 to the Charter of the City of Huntington Beach to provide that the City shall not enact or enforce any measure that would mandate the price or other consideration payable to a roe owner in connection with the sale --' s P Y property rtY , lease, rent, exchange or transfer of that property. The purpose of the proposed ;;,,,K,; ballot measure,is to prohibit the City from adopting any regulation that would r" impose price or rent controls on residential properties, such as single family homes, apartments, or mobile home parks. The proposed ballot measure permits the establishment of rice or rent controls - Xr p P p P in six circumstances, including: properties which contain serious health, safety, fire or building code violations which remain unabated for six months t or longer; and properties owned by public agencies. ���=�•>,,,�,, At the present time, the City has several ordinances that deal with the general .k subjects of mobile homes and mobile home parks. It is not known what ffect, if any, that passage of the proposed ballot measure will have on these gw/ballot summary ordinances. The City has an ordinance allowing owners of mobile homes in mobile home parks to temporarily rent their mobile homes for reasons of personal hardship. And the City, as part of its zoning ordinance, has provisions concerning mobile park conversions; that is, when land is changed from a mobile home park use to some other type of use. If passed, the proposed ballot measure may affect one or more of these ordinances. /k t pw/ballot summary 6l f 1?, S CITY OF HUNTINGTON 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERIC CONNIE BROCKWAY CITY CLERK May 25, 2000 Mr. Ed Laird 6562 Doral Drive Huntington Beach, CA 92648 Dear Mr. Laird: Please find enclosed, pursuant to Elections Code Section 9203(b), the Ballot Title and Summary prepared by the City Attorney relative to the Notice of Intent to Circulate Petition and the text of the proposed measure. Additionally, enclosed is a copy of your request for the preparation of a Ballot Title and Summary that you filed in the City Clerk's Office on May 10, 2000. Sincerely, v� Connie Brockway, CIVIC City Clerk CB:jh Enclosures I/Sxb .. . , . ✓� r/J �, �*.-�'tom'?�4d...� ���V.r,.>t,e",;,, `t..� �,:, j �,�`G�� . = d g:/cbmemos/Ballot TRIe-Summary—jh.doc (Telephone:714-536-5227) J� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - DATE: May 23, 2000 TO: Robert Wheeler, Deputy City Attorney Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk RE: The Attached Ballot Title and Summary— Memo Dated 5/23/00 Before I transmit the attached Ballot Title and Summary prepared by your office for me to provide to the proponent, Mr. Laird, I would appreciate your review of the Ballot Title and Summary you prepared on the Wal-Mart initiative. The Wal-Mart example appears to be a summary, whereas the attached summary seems to be the ballot question upon which the X> n voters will vote yes/no. Also, I believe the rent control Ballot Title would be more clear if the words preceding it were: r ;": " . . a ballot measure to amend the Section 8.03 Huntington Beach City Charter to include the provision that the Price/Terms of the Sale/Lease of Real Property are to be established only by the Property Owner." ::�" 1.Y _.: Attachments: 5/23/00 Memo4 Example—Wal-Mart Martin & Chapman Excerpt xw`. : ;- E.C. 9203 5/10/00 City Clerk Memo to City Attorney GACbmemo\2000Cbmem\Sale Lease Ballot Title_Summary.doc-mp i J. � CITY OF HUNTINGTON BEACH -,,r P Inter-Department Communication TO: CONNIE BROCKWAY, City Clerk - _j FROM: GAIL HUTTON, City Attorney DATE: May 23, 2000 f1,� {' - � SUBJECT: RLS 00-470—Proposed Initiative Charter Amendment Providing That Only a Property Owner Can Determine the Price/Terms of Sale/Lease of Real Property Pursuant to Elections Code § 9203(a), and your memorandum to me dated May 10, 2000,we submit the following ballot title and summary for the proposed measure: BALLOT TITLE AND SUMMARY The Price/Terms of the Sale/Lease of Real Property to be Established Only by the Property's Owner: Charter Amendment Shall the Charter of the City of Huntington Beach be amended by adding a new section thereto providing that only a property owner can establish the price or terms regarding that property's sale, lease, rental, exchange or transfer; and prohibiting the City of Huntington Beach from legislating or regulating the price or terms concerning the sale, lease, rental, exchange or transfer of property (for example,by the adoption of a rent control ordinance). The ballot title we are submitting is different than that submitted by the proponents of this proposed initiative charter amendment, as well as the change in title you suggested in your May 1Oth memorandum. However, Elections Code §9203(a)requires that we, in preparing the ballot title, "give a true and impartial statement of the purpose of the proposed measure;" and that is what we have attempted to dp. Could you please,pursuant to Elections Code §9203(b),by a separate written document, transmit a copy of this ballot title and summary, to Mr. Ed Laird. AIL HUTTON, City Attorney /k r w/ballot summary Proof of Publication of THE CITY ATTORNEY HAS PREPARED /"► �� I THE FOLLOWING: PUBLIC NOTICE (fig OT MEASURE TO CHANGE NOTICE OF INTENT THE GENERAL PLAN DESIGNATION TO CIRCULATE PETITION OF THE CREST VIEW SCHOOL SITE NOTICE IS HEREBY GIVEN by the FROM CG-Fi (COMMERCIAL GEN- perscn(s) whose names appear ERAL WITH A MAXIMUM FLOOR hereon of their Intention to circu- I AREA RATIO OF 0.35)TO RL-7(REST- . late a petition within the City of DENTAL WITH A MAXIMUM OF 7 HunlI ngton Beach for the purpose DWELLING UNITS PER NET ACRE), of amending the Cjs General ,AND TO CHANGE THE ZONING Plan and Zoning Ordnance. i DESIGNATION OF THE CREST MEW SCHSITE FROM CG [COM- A statement of the reasons for the i MERCIOAL GENERAL) TO R-L (LOW' proposed action contemplated I DENSITY RESIDENTIAL) in the petition is as follows: For many years, the community i SUMMARY: has relied on the Crestview school This proposed a La measure site for educational uses and a meat amend the Land Use Ele- park. This site is near a residential City of the General Plan of the neighborhood, City of Huntington Beach to I However,nerecighborhood. the City/Coun change the General Plan des-' Ignation of the Crest View School cil voted to rezone the land and sile.The General Plan designation amend the general plan to allow would be changed from CG+1 a huge discount-store on this site. ;(Commercial General with a This would add thousands of cars :maximum floor area ralio of 0.35) to Beach Boulevard and the area to RL-7 (Residential with a mo;d- surrounding the site, clogging mum of 7 dwelling units per net, streets with tralfic and adding air acre).The Zoning and SubdMsion pollution: Ordinance of the City of Hunting- Such a store would unfairly com- ton Beach would also be pete with existing stores by not amended to change the zoning providing family heatitr benefits. designation of the Crest View Existing stores would end up laying School site. The zoning design--I off employees. Lion would be changed from CG We do not oppose al develop- (Commercial General)to RL(Low ment: the development should Densiy ResidentiaiJ.A vote of the simply be consistentwith the char- props would be required to acter of our community. change the general plan and Robert F: Crank zoning designations as amended '18312 Hartlund Ln. by this measure. If a court lnvaU- Huntington Beach, CA 92W dates a portion of the proposed i INITIATIVE MEASURE TO BE SUBMIT- measure, that portion shall be TED DIRECTLY TO THE VOTERS: severed and have no effect on the remainder of the proposed INITATiVE TO AMEND ZONING AND measure. ;GENERAL PLAN DESIGNATION OF Publish: Orange County Register CREST VIEW SCHOOL SITE TO PRO- February 15, 1999 . i HIBiT COMMERCIAL DEVELOPMENT 2G3100200 R-267 i AND PERMIT RESIDENTIAL USES i ONLY. The People of the City of Hunting- I ton Beach do ordain as follows: 1.'The Land Use Element of the C•rty's General Plan Is hereby amended to change fhe general plan designation for #re 13.89 acre site located on the South = side of Talbert Avenue described in City Council Resolution 98-95 �, from CG+1(Commercial General -.Q :Z with a maximum floorarea ratio of ---i 0.35) to RL-7 (residenbal with a maximum of 7 dwelling units per net acre). 2. The City's Zoning and Subdi- �"' F' vision Ordinance is hereby amended by amending District CID C'3 Map 40(Sectional DisW Map 36- f— _ 5-11) to rezone the property de- scribed above from CG(Generalj' Commercial) to R-L(!ow Density :Residential).- The above may not be •- amended except by vote of the n people. 4. Should any provWw or appit-f '� cation of the above be invali- dated by a court of law,it shall be severed and have no effect on th1 remnlrviar nF tfite rvriin".,..e __—. LV-t ol-I CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Frcz--�B TO: Gail Hutton City Attorney FROM: Connie Brockway v l City Clerk DATE: May 10, 2000 SUBJECT: City Clerk's Transmittal of Notice of Intent to Circulate Petition and Proposed Ballot Measure to City Attorney Pursuant to California Elections Code §9203 and §9256, please return a ballot title and summary of the attached within 15 days (by May 25, 2000) for the City Clerk's Office to provide to the proponent. I would appreciate it if your office would review the proponent's title -A Proposal to Add Section 803 to the City Charter of the City of Huntington Beach, and advise if it is adequate, or if the wording should state A Proposed Charter Amendment to Add Section 803 to the City Charter of the City of Huntington Beach. CB:jh Attachments - s- a cc: Honorable Mayor& City Councilmembers City Administrator g:lcbmemoMcharter amendment ftdoc INITIATIVE PROCESS(MUNICIPAL) 2000 California Elections Manual SAMPLE PETITION BALLOT TITLE: {Where to Place: [By city attorney, 12-point type][See Page A— 1 for Comparative Type Sizes] {P1+Signature Pages INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS {P1+Signature Pages The City Attorney has prepared the following title and summary of the chief purpose {P1+Signature Pages and points of the proposed measure: TITLE: [by city attorney] {P1+Signature Pages Summary by City Attorney: [500 words or less] {P1+Signature Pages Text of measure: [Full wording of ordinance in no less than 8 point type] {Page 1 r Notice of Intention: [by proponents, no more than 500 words] {Bach Section Special Election Wording:We request that the ordinance be submitted {Each Section immediately to a vote of the people at a special election. [Charter Amendment:The wording contained in § 9260, EC] {Page 1 Notice: [1 2-point type][See Page A— 1 for Comparative Type Sizes] NOTICE TO THE PUBLIC {Before Signatures THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. Sign Name Residence Address Only For Clerks Use Only 1 Print Name Sign Name Residence Address Only 2 Print Name Sign Name Residence Address Only 3 Print Name Sign Name Residence Address Only 4 Print Name DECLARATION OF CIRCULATOR (Must be in circulators handwriting) {After Signatures I, residing at , am a registered voter of,the City of , circulated the petition and witnessed the appended signatures being written.That according to the best information and belief each signature is the genuine signature of the person whose name it purports to be. The signatures were obtained between 2 , and 2 1 certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at ,on , 2 (Signature of Circulator) MARTIN&CHAPMAN CO.❖1951 WRIGHT CIRCLE❖ANAHEIM,CA 92806-6028❖714/939-9866❖FAX 714/939-9870 (1inro9) M-30 Chapter 3. Municipal Elections 9255. 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 XI of the California 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.) Article 3. City or City and County Charters 9255. City or City and County Charter proposals submitted to voters. (a)The following city or city and county charter proposals shall be sub- mitted to the voters at either a special election called for that purpose,at any established municipal election date,or at any established election date pur- suant to Section 1000,provided that there are at least 88 days before the elec- lion: (1)A charter proposed by a charter commission,whether elected or appointed by a governing body. A charter commission may also submit a charter pursuant to Section 34455 of the Government Code. (2)An amendment or repeal of a charter proposed by the governing body of a city or a city and county on its own motion. (3)An amendment or repeal of a city charter proposed by a petition signed by 15 percent of the registered voters of the city. (4)An amen ent or r peal of a ci d county charter proposed by a petition signed 10 perc t of the reZi esf red v t rs of tlhe city and county. (5)A recodification of the charter proposed by the governing body on its own motion,provided that the recodification does not,in any manner, substantially change the provisions of the charter. (b)Charter proposals by the governing body and charter proposals by petition of the voters may be submitted at the same election. 261 2000 9255. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS (c)The total number of registered voters of the city or city and county shall be determined according to the county elections official's last official report of registration to the Secretary of State. (Added 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 or 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 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,c. 920,§2.) 9258. Each section to contain correct copy of text. The petition may be circulated in sections,but each section shall contain a correct copy of the text of the proposed amendment. (Added by Stats. 1994,c. 920,§2.) 9259. Requirements of signing. Each signer of the petition shall sign it in the manner prescribed by Sec- tion 9020. (Added by Stats. 1994, c. 920,§2.) 9260. Form of petition. The petition shall be in substantially the following form: Petition for Submission to Voters of Proposed Amendment to the Charter of the City(or City and County)of To the city council (or other legislative body) of the City (or City and County)of We,the undersigned,registered and qualified voters of the State of Cali- fornia,residents of the City(or City and County)of ,pursuant to Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450)of Part 1 of Division 2 of Title 4 of the Government Code, present to the city council(or other legislative body)of the city (or city and county)this petition and request that the following proposed amendment to the charter of the city(or city and county)be submitted to the registered and qualified voters of the city(or city and county)for their adoption or rejection at an election on a date to be determined by the city council(or other legisla- tive body). The proposed charter amendment reads as follows: First. (setting forth the text of the amendment) (etc.) Signature Printed Name Residence Date 2000 262 Chapter 1.State Elections 9030. Any circulator may sign the section he or she is circulating as provided in Section 106. (Added by Stats.I994,c.920,§2.) 9022. Declaration of circulator. (a)Each section shall have attached thereto the declaration of the person soliciting the signatures setting forth the information required by Section 104 and stating that the circulator is a registered voter of the state. (b)The circulator shall certify to the content of the declaration as to its truth and correctness,under penalty of perjury under the laws of the State of California,with the signature of his or her name at length,including given name,middle name or initial.The circulator shall state the date and the place of execution on the declaration immediately preceding his or her signature. No other declaration thereto shall be required_ Petitions so verified shall be prima facie evidence that the signatures thereon are genuine and that the persons signing are qualified voters.Unless and until otherwise proven upon official investigation,it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters. (Added by Stats.1994,c.920,§2.) Article 3.Filing Petitions 9030. Filing of petitions;examination of signatures. (a)Each section of the petition shall be filed with the elections official of the county or city and county in which it was circulated,but all sections circu- lated in any county or city and county shall be filed at the same time.Once filed,no petition section shall be amended except by order of a court of com- petent jurisdiction. (b)Within eight days after the filing of the petition,excluding Saturdays, Sundays,and holidays the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State.If the total number of signatures filed with all elections offi- cials is less than 100 percent of the number of qualified voters required to find the petition sufficient,the Secretary of State shall so notify the proponents and the elections officials,and no further action shall be taken with regard to the petition. (c)If the number of signatures filed with all elections officials is 100 per- cent or more of the number of qualified voters needed to declare the petition sufficient,the Secretary of State shall immediately so notify the elections offi- cials. (d)Within 30 days after this notification,excluding Saturdays,Sundays, and holidays,the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official,the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State.The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opporhmity to be included in the sample.The random sampling shall include an examination of at least 500 or 3 percent of the signatures,whichever is greater.In determining from the records of registration what number of qualified voters have signed the peti- tion,the elections official may use the duplicate file of affidavits of registered 229 2000 1 FROM SAGO & GREEN BDO (TUE) �6:09/ST. 16:06/NO. 4260609041 P 2 may 912000 W Connie Brockway City Clerk City of Huumington Beach 20M main street Huntington Beach,California 92649 Re: Ballot M asure for Amendment of the City Charter of the City of Huntington Beach Request for Ballot Title and Summw7 Dear Ms. Brockway: The enclosed text of a proposed ballot measure and Notice of Intent to Circulate Petition arc hereby submitted to the office'of the City Clerk of the City of Huntington Beach,and in accordance with Sections 9203 and 9256 of the Elections Code,the undersigned hereby requests that the enclosed proposed ballot measure be forwarded to the Office of the City Attorney of the Cizy of Huntington Beach for preparation of a ballot title and a surnn=y for the proposed ballot measure. Once the, City Attorney has prepared the ballot title and summary of the proposed ballot measure, please contact the undersigned at 6562 Doral Drive,Huatington Beach,California 92648,(714) 894-3252,and Z will arrange for the commencement of the ciTculation of the petitions for the ballot measure. iSincerely, . w [_/[/�rJ' d ,d cc: Gail Hutton,City Attorney C-7 . FROM SA80 C EFt' BpQ 0 5. 9' 00 i 6:HAT. 16:08/Na 4260609041 P 3 NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given by the person whose name appears hereon 11 of his/her intention to circulate the petition within the City of 7-3 Huntington Beach for the purpose of qualifying the Property Rights 33 Protection Measure. A statement of the reasons of the proposed 13 action as contemplated in the petition is as follows: sL There is strong and convincing p-ractical evidence which shows 6� that price controls on the sale or rental of any residential '77- acco modation does nothing to preserve or maintain affordable 90 housing. In fact the evidence in Southern California appears to show 9I that rent control destroys affordable housing and accelerates13 development pressures to turn older properties into new and higher101 density commercial and so-called "up--scale" housing. To pick just Ito one of many examples--in the City of Santa Monica with its rent,133 control regulations Santa Monica has seen a decline in the number of1`s' family households with children which is larger than any otherirs comparable city in Southern California without rent control . Under m rent control, Santa Monica' s elderly population (age 65 or over) 171 declined by 1.7 percent between 1980 and 1990, whereas the elderly 18Y population of Los Angeles County rose by more than 15% over the same118 decade. The elderly population increased over this period in every-Z,8 oom-arable city without rent control in Southern California. zIb The result of social experimentation with rent control in �z5 Southern California produces hhe -ollowing conclusion: �31 Rent control does not provide more or better affordable housing L41 for anyone--especially the elderly and young families. zaq The imposition of rent control forces some property owners to 259 change the use of their property and this charge of use often Can zh reSult in more development and pressures which cause the destruction ses of existing neighborhoods . Unnecessary and complicated government ?v interference in private property transactions and homeownerships and 217 rental decisions produces wasteful lawsuits and imposes needless3o5 Costs on all taxpayers. 301 We the people find that the best means to assure that our3l' community and neighborhoods are preserved is to protect property33° rights and to allow owners to make their own decisions about , the3k2- price and other terms on which they can sell or lease their35y 3$b residential property. Propone of Men ure Ed Laird J A 171!' ",P7 r i•. e r, r • I IlU1, GREEN Eno . (m,UE) 5, g Gij 16.1 tj,/GT. 4260609C,41 v A PROPOSAL TO ADD SECTION 803 TO THE CITY CHARTER OF THE CITY OTF HUNTINGTON BEACH SECTION 1. P=2e=y Rights Protection_Mga,-.,ure.- The City Charter of the City of Huntington Beach is hereby amended to add a new Section $03 to read as follows: "Section RO3. PROPERTY RIGHTS PROTECTION MEASURE . (a) The City shall not enact or . enforce any measure which mandates the price or other co.sideration payable to the owner in Connection with the sale, lease, rent, exchange or other transfer by the owner of real property. Any such meas-are :,s hereby repealed. (b) The word "mandates" as used in subsection (a) includes any measure taken by ordinance, resolution, administrative regulation or other action of the City to establish, continue, implement or enforce any control or system of controls on the price or other terms on which real property in the City may be offered, sold, leased, rented, exchanged or otherwise transferred by its owner. The words "real properzy" as used in subsection (a) refer to any parcel of land or site, either improved or unimproved, on which a dwelling unit or residential accommodation is or may be situated for use as a home, residence or sleeping place . (c) 'trig Section 803 shall not apply to: (i} any zed! property which contains serious health, safety, fire or building code violations, excluding those caused by disasters, for which a civil or criminal citation has been issged by the City and remains unabated or six months or longer; (2) any real property owned by a public entity, and real, property where the owner has agreed by contract with *he public entity, including the City and any of its related agencies, to accept z financial contribution or other tangible benefit including without limitation, assistance under the Community Redevelopment Law; (3) any planning or zoning power o= the City �s relates to the use, occupancy or improvement of real property and to any real property which the City or any OEFC/4043lp4C1�65-1 $19/04 IQ30 jm� r KUX SABO & GREEN BDG ;iiJB) 5. 9' 00 16: 1/S7• 1o:UB/NG. 4260609041 P 5 of its related agencies may acquire by eminent domain, purchase, grant or donation; (4) any power of the City to require a. business license for the sale or rental of real property, whether for regulation or general revenue purposes; (5) any dwelling unit or accommodation in any hotel, motel or other facility When the transient occupancy of that dwelling unit or, accommodation is subject to a transient occupancy tax; or (6) to impair the obligation of any contract entered into prior to the enactment of this Section 803 or orherwise required by State law." SECT?QN 2 . r'it�e. of Pro DoZg1 to Amen tha _City-Charter. The proposal to amend the City Charter of the city of Huntington Beach to add a new Section 803 shall be known as the "Property Rights Protection Heasur ". SECTION 3. Fi ndin^s and Stat,em�nt oL- Pu-2age of r' Remy RiU Fro er,Lion MAasure: There is strong and convincing practical evidence which shows that price controls or. the sale or rental of any residential accommodation does noth-rig to preserve or maintain affordable housing. In fact the evidence in Southern California appears to show that rent control destroy$ affordable housing and accelerates development pressures to turn older properties into new and higher dens_ty commercial and sc-cell�cl "u�-..scale" housing. To pick just one of many examples---in the City of Santa Monica with its rent control regulations Santa Monica has seen a decline in the number of family households with ch:ld:en which is larger than any other comparable city in Southern California without rent control. Under rent control, Santa Monica' s elderly population (age 65 or over) declined by 1.7 percent between 1980 and 1990, whereas the el-derly population. of Los Angeles County rose by more than 15% over the same decade. The elderly population increased over this period in every comparable city without rent control in Southern California. The result of social experinantation with rent control its Southern California produces the following conclusion: rent control does not provide more or better affordabl'a housing for anyone--especially the elderly and young families. crsoiaoo3��ct�is�-a 5/9100 1030 Jmw 2 FROM SABO GREEN EDO (TUE) 5. 9' 00 16: 11/ST. 16:0 /NO. 4260609041 P 6 The imposition of rent control -forces some property owners to change the use of their property and this change of use often can result in more development and pressures which cause the destruction of existing neighborhoods. unnecessary and complicated government interference in private property transactions and homeownerships and rental decisions produces wasteful lawsuits and imposes needless costs on all taxpayers. We the people find that the best means to assure that our community and neighborhoods are preserved is to protect property rights and to allow owners to make their own decisions about the price and other terr2s on which they can sell or lease their residential property. SECTION 4. SevArabi itv: If any provision of Seccion 803 of the City Charter of tl.e City of Huntington Beach, or the application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of Section 803 which can be given effect without the invalid provision or application, and to -this end, the provisions of Section 803 are declared to be severable. l 0£P4,'0403JpgC!165-1 3 5/4/00 1030 j�nw