HomeMy WebLinkAboutSpecial Election - March 5, 2002 - Resolution 2001-79 - Char F HUNTINGTON BEAR -�� '1 ' �
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MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-06
Council/Agency Meeting Held:
Deferred/Continued to: L� -
�(Ap roved ❑ Conditionally Appr ve El Denied City Clerk's Signature
iL L Al oi- N no tS
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Council Meeting Date: October 15, 2001 Department ID Number: CQ001-
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
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d
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS d
GAIL HUTTON, City Attorney 6 "vJ
SUBMITTED BY: y �
ROBERT F. BEARDSLEY, Director of Public Work N _ -
CONNIE BROCKWAY, City ClerkG6 - .-;
RAY SILVER, City Administrator RAI
PREPARED BY: CONNIE BROCKWAY, City Cleric IV
SUBJECT: Adopt Resolution No.a00/-- 9 Calling and Giving Notice of a
March 5, 2002 Special Municipal Election to Submit Measures to the
Voters (1) Charter Amendment Initiated by Petition Relative to Property
Rights Protection (2) Charter Amendment Re: Creation of Infrastructure
Fund (3) Advisory Only Measure Re: Utility Tax Paid Solely by Electric
Power Plant; and (4) Measure to Remove an Electric Power Plant's
Exemption from Paying Utility Tax.
Adopt Emergency Ordinance No. 3ul& by Unanimous Vote
Amending Sections 3.36.010 and 3.36.080 of Chapter 3.36 of the
Huntington Beach Municipal Code Relating to the Exemption of Electrical
Corporations for Paying Utilities Tax
Statement of Issue,Funding source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Transmitted is Resolution No. c?,00/-71 for adoption by Council to
call a Special Municipal Election for March 5, 2002 to submit the following four measures to
the voters:
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�Ou
REQUEST FOR ACTION 0
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-06
1.
~/ Prer.erty Rights Dretee+iie n Measupe
- "Shall
A� # nded to.prohibit-t' measure,
°� � '
payable te, the owner of real propa4 on connectio
1
- 4
Wlttl-ihe nropa 's cats lance rent exchange -r other
2.
Creation of Infrastructure Fund
YES
"Shall the Huntington Beach Charter be amended to
establish an "Infrastructure Fund"with all infrastructure
revenues raised, and accrued interest, directed into
the Fund; prohibiting the transfer or loan of Fund NO
monies; requiring that General Fund expenditures for
infrastructure not be reduced below 15% of General
Fund revenues based on a five-year rolling average; and
requiring that City Council designate an advisory board
to annually review and audit the Infrastructure Fund?"
3.
Advisory Vote Only. Infrastructure Fund.
Power Plant Utility Tax YES
"Should the Utility Tax paid solely by an electric power
plant be placed into an Infrastructure Fund to be used
only for the maintenance, construction and repair of NO
infrastructure such as storm drains, storm water pump
stations, alleys, streets, highways, curbs and gutters,
sidewalks, bridges, street trees, landscaped medians,
parks, beach facilities, playgrounds, traffic signals, street
lights, block walls along arterial highways and all public
buildings and public ways?"
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REQUEST FOR ACTION 0
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-06
4.
Amendment of Utility Tax by Removing Electric Power
Plant Exemption YES
"Shall the ordinance requiring an electric power plant to
pay the same Utility Tax as do residents and businesses
of the City of Huntington Beach by amending the NO
Huntington Beach Municipal Code to remove Section
3.36.080(b) and make corresponding changes to Section
3.36.010(g), be adopted?"
Transmitted is Emergency Ordinance No. / to be adopted by unanimous vote (7),
which would amend Sections 3.36.010 and 3.36.080 of Chapter 3.36 of the Huntington
Beach Municipal Code, regarding the exemption of electrical corporations from paying
utilities tax; and would become effective only if it receives a majority vote at the March 5,
2002 election.
Fundin Source: Payment to the County of Orange of approximately $80,000 to $100,000
from the General Fund Account No. 1001201.69365.
Recommended Actions: Motion to:
1. Adopt Resolution No. c�/-7 - `A Resolution of the City Council of the City of
Huntington Beach Calling and Giving Notice of the Holding of a Special Municipal
Election to be Consolidated with the Statewide Primary Election on Tuesday, March 5,
2002, for the Submission to the Qualified Voters of Four Separate Ballot Measures:
Two Proposed Charter Amendments; an Advisory Measure; and a Proposed
Ordinance;"and
2. Adopt Emergency Ordinance No. y6 , after reading by title - `An Emergency
Ordinance of the City of Huntington Beach Amending Sections 3.36.010 and 3.36.080
of Chapter 3.36 of the Huntington Beach Municipal Code, Regading the Exemption of
Electrical Corporations from Paying Utilities Tax."
Alternative Action(s): Discretionary with Council.
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REQUEST FOR ACTION 0
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-06
Analysis by City Clerk:
Property Rights Protection Measure—At the February 5, 2001 City Council meeting, the City
Council accepted the County Registrar of Voters Certificate as to Verification of Signatures
on a Petition called the Property Rights Protection Measure (Ed Laird, Proponent). At that
meeting the City Council selected the General Municipal
Election date of March 5, 2002 as the date for election on said measure. Attached are the
following documents regarding the proposed measure:
(1) Page Nos. 17-18 of February 5, 2001 City Council minutes wherein the City Council
accepted the Certification as to Verification of Signatures on Petition, and selected the
election date of March 5, 2002.
(2) City Clerk's staff report to Council dated February 5, 2001
(3) Certificate as to Verification of Signatures on Petition prepared by the Registrar of Voters,
Orange County, dated January 11, 2001.
(4) City of Huntington Beach Interdepartment Communication from the City Attorney's Office
to the City Clerk dated May 25, 2000 transmitting the Ballot Title Summary to be provided
to the Proponent.
(5) Submission by Mr. Ed Laird, Proponent of Ballot Measure for Amendment of the City
Charter and Request for Ballot Title and Summary dated May 9, 2000.
The City Charter provides for municipal elections to be held pursuant to the State Elections
Code. This resolution complies with the City Charter and the State Elections Code.
Analysis by Director of Public Works:
Staff is returning to the City Council with the following three ballot measures as
recommended by the Infrastructure Planning Committee (IPC) and directed by the City
Council at the August 27, 2001 adjourned regular Council meeting.
Infrastructure Fund
The Infrastructure Planning Committee (IPC) recommended that a measure be placed on
the March 5, 2002 ballot amending the City Charter. The proposed amendment establishes
the Infrastructure Fund and includes a provision for minimum general fund transfers to the
fund as well as a Citizens' Infrastructure Advisory Board to conduct reviews and audit
performance. The expenditure for future infrastructure "shall not be reduced below 15% of
general fund revenues based on a five (5) year rolling average." An ordinance amending
the duties of the Public Works Commission to serve as the Citizens' Infrastructure Advisory
Board is forthcoming.
Advisory Vote on Utility Tax
The voters will be asked to recommend that utility tax revenues from an electric power plant
be placed into the Infrastructure Fund to be used for the maintenance, construction and
repair of infrastructure.
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PPW-
REQUEST FOR ACTION
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-06
Utility Tax Ordinance
The Infrastructure Planning Committee (IPC) also recommended that a ballot measure be
included in the March 5, 2002 special election that would require an electric power plant to
pay taxes on the utilities the plant consumes.
The five percent Utility Tax is paid by all Huntington Beach businesses and residents. Since
AES is now a privately run utility, with power sold on the open market and not directly to
Huntington Beach residents, AES should pay utility tax on the same terms as other
Huntington Beach businesses. It is estimated that approximately $2.3 million annually in
utility tax revenue will be generated based upon the plant's projected natural gas
consumption.
To implement this measure, however, an ordinance is required to amend Sections 3.36.010
and 3.36.080 of the Huntington Beach Municipal Code.
In order to comply with Proposition 218, the election to vote on this proposed ordinance
must be consolidated ". . . with a regularly scheduled general election for members of the
governing body of the local government, except in cases of emergency declared by a
unanimous vote of the governing body."
The March 5, 2002 Special Municipal Election is not such an election because members of
the City Council will not be elected at this election. The exception, however, is for the
adoption of an emergency ordinance. Such a proposed emergency ordinance is included in
Exhibit C to proposed Resolution No. as ai.-?9 Adoption of this emergency
ordinance requires the unanimous vote of the City Council.
Environmental Status: Not applicable
Attachment(s):
1 Resolution No. Calling and Giving Notice of a
March 5, 2002 Special Municipal Election and exhibits A& B•Exhibit C
is Emergency Ordinance No. �_-Amending HBMC Sections
2 3.36.010 and 3.36.080 of Chapter 3.36 Regarding Exemption of
Electrical Corporations from Paying Utilities Tax.
Documents listed in City Clerk's Analysis Section of RCA dated
10/15/01.
RCA Author:
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ATTACHMENT # 1
0 0
RESOLUTION NO. 2001-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL
ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION
ON TUESDAY, MARCH 5, 2002, FOR THE SUBMISSION TO
THE QUALIFIED VOTERS OF FOUR SEPARATE BALLOT MEASURES:
TWO PROPOSED CHARTER AMENDMENTS;
AN ADVISORY MEASURE; AND A PROPOSED ORDINANCE
FIRST MEASURE (PROPOSED CHARTER AMENDMENT)
WHEREAS, the City Council of the City of Huntington Beach, California, desires to submit
to the voters at a special Municipal Election a proposed charter amendment relating to the"Property
Rights Protection Measure"; and
WHEREAS,pursuant to authority provided by Article XI of the Constitution and Title 4,
Division 2, Chapter 3 of the Government Code; and Division 9, Chapter 3, Article 3 (commencing at
§ 9255) of the Elections Code of the State of California, a petition has been filed with the legislative
body of the City of Huntington Beach signed by more than fifteen percent of the registered voters of
the city according to the county election department's last official report of registration to the
Secretary of State to submit a proposed charter amendment to the voters; and
WHEREAS, the City Council is authorized and directed by constitutional provision and
statute to submit the proposed charter amendment to the voters;
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach,
California, does resolve, declare, determine and order as follows:
SECTION 1. That pursuant to Article XI of the Constitution and Title 4, Division 2,
Chapter 3 of the Government Code; and Division 9, Chapter 3, Article 3 (commencing at § 9255)
of the Election Code of the State of California, there is called and ordered to be held to be in the
City of Huntington Beach, California, on Tuesday, March 5, 2002, a Special Municipal Election
for the purpose of submitting the following proposed charter amendment, entitled the Property
Rights Protection Measure:
Property Rights Protection Measure
YES
"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 NO
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)?"
Re=o'calling election 2002 CA 10-15-01 1
Res.No.2001-79
SECTION 2. That the text of the proposed charter amendment submitted to the voters is
attached as Exhibit A.
SECOND MEASURE PROPOSED CHARTER AMENDMENT
WHEREAS, the City Council of the City of Huntington Beach, California, desires to submit
to the voters at a Special Municipal Election a proposed charter amendment relating to the creation
of an Infrastructure Fund; and
WHEREAS, the City Council is authorized and directed by constitutional provision and
statute to submit the proposed charter amendment to the voters;
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach, California,
does resolve, declare, determine and order as follows:
SECTION 3. That pursuant to Article XI of the Constitution, Title 4, Division 2, Chapter 3
of the Government Code; and Division 9, Chapter 3, Article 3 (commencing at § 9255) of the
Elections Code of the State of California, there is called and ordered to be held in the City of
Huntington Beach, California, on Tuesday, March 5, 2002, a Special Municipal Election for the
purpose of submitting the following proposed charter amendment relating to the creation of an
Infrastructure Fund:
Creation of Infrastructure Fund
YES
"Shall the Huntington Beach Charter be amended to
establish an "Infrastructure Fund"with all infrastructure
revenues raised, and accrued interest, directed into
the Fund; prohibiting the transfer or loan of Fund NO
monies; requiring that General Fund expenditures for
infrastructure not be reduced below 15%of General
Fund revenues based on a fire-year rolling average; and
requiring that City Council designate an advisory board
to annually review and audit the Infrastructure Fund?"
SECTION 4. That the text of the proposed charter amendment submitted to the voters is
attached to this resolution as Exhibit B.
THIRD MEASURE {ADVISORY VOTE ONLY)
WHEREAS, the City Council of the City of Huntington Beach, California, desires to
submit to the voters at a Special Municipal Election an advisory measure concerning whether a
utility tax paid solely by an electrical power plant should be placed into an Infrastructure Fund;
and
Reso/calling election 2002 CA 10-15-01 2
0 0 Res.No.2001-79
WHEREAS,the City Council is authorized and directed by statute to submit the
following advisory measure to the voters;
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach,
California, does resolve, declare, determine and order as follows:
SECTION 5. That pursuant to the requirements of the City Charter, there is called and
ordered to be held in the City of Huntington Beach, California, on Tuesday, March 5, 2002, a
Special Municipal Election for the purpose of submitting to the voters the following advisory
measure:
Advisory_Vote Only. hifrastructure Fund.
Power Plant Utility Tax YES
"Should the Utility Tax paid solely by an electric power
plant be placed into an Infrastructure Fund to be used
only for the maintenance, construction and repair of NO
infrastructure such as storm drains, storm water pump
stations, alleys, streets, highways, curbs and gutters,
sidewalks,bridges, street trees, landscaped medians,
parks,beach facilities, playgrounds, traffic signals,street
lights,block walls along arterial highways and all public
buildings and public ways?".
FOURTH MEASURE (PROPOSED ORDINANCE)
WHEREAS,the City Council of the City of Huntington Beach, California, desires to
submit to the voters at a Special Municipal Election a proposed ordinance relating to the City's
utility tax; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed
ordinance to the voters,
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach,
California, does resolve, declare, determine and order as follows:
SECTION 5. That pursuant to the requirements of the City Charter, there is called and
ordered to be held in the City of Huntington Beach, California, on Tuesday, March 5, 2002, a
Special Municipal Election for the purpose of submitting to the voters the following proposed
ordinance:
Reso/calIing election 2002 CA 10-15.01 3
0 0 Res.No.2001-79
Amendment of U_ti_lit.ry Tax by Removing Electric Power
Plant Exemption YES
"Shall the ordinance requiring an electric power plant to
pay the same Utility Tax as do residents and businesses
of the City of Huntington Beach by amending the NO
Huntington Beach Municipal Code to remove Section
3.36.080(b) and make corresponding changes to Section
3.36.010(g),be adopted?"
SECTION 7. That the text of the proposed ordinance submitted to the voters is attached
to this resolution as Exhibit C.
SECTION 8. The findings supporting the urgency for the adoption of Emergency
Ordinance No. 3516 are: (a) the Superior Court recently ruled against the City of Huntington
Beach in the case of Howard Jarvis Taxpayers'Assn. v. City of Huntington Beach, preventing the
City from levying its retirement tax; (b) as a result of the Court's ruling, the City will suffer a
loss of eight million dollars in budget revenues; (c) although the City has appealed the Court's
decision, the City is not currently levying or collecting this tax; and (d) a report from the City's
Infrastructure Committee has recommended that the City needs additional monies to maintain
and repair its system of public infrastructure.
SECTION 9. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 10. That the City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots,notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 11. That the polls shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously from that time until eight o'clock p.m. of the same
day when the polls shall be closed, except as provided in § 14401 of the Elections Code of the
State of California.
SECTION 12. That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by laxv for holding municipal elections.
SECTION 13. That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 14. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
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Res.No.2001-79
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of October. 2001. ,
4
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk to,13_c 4"Zity Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ad istrator City Clerk
Resolcalling election 2002 CA 10-15-01 5
Res.No.2001.79
0 Res.No.2009-79
EXHE31T A
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 wards "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;
g:;elcoion/2002Jmarcl*alIing election.doc
(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 or 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"upscale"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
fallowing 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.
g:tlection{20021masch�calling election.doc 9
Res.No.2001-79
Res.No.2001.79
EXHIBIT B
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, Iandscaped 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.
g:16ectioW2002/marchlealling clution.doc $
EXHIBIT C
Res.No.2001-79
EXHIBIT C
First. Section 3.36.010 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
3.36.010 Definitions. Except where the context otherwise requires, the definitions given in this
Section govern the construction of this chapter:
(a) "City"means the City of Huntington Beach.
(b) "Month"means a calendar month.
(c) "Person"means any domestic or foreign corporation, firm,association,syndicate,joint
stock company,partnership of any kind,joint venture, club, Massachusetts business or
common law trust, society, individual or municipal corporation.
(d) "Service supplier"means any entity which receives taxes paid and remits same as
imposed by this chapter.
(e) "Service user"means a person required to pay a tax imposed by this chapter.
(f) "Tax Administrator"means the Finance Director of the City.
(g) "Telephone corporation, , gas corporation, and water corporation"
shall have the same meanings as defined in Sections 234, ?1-9, 222, and 241 respectively,
of the Public Utilities Code of the State of California, as said Sections existed on January
1, 1970. " " and"w(W)ater corporation"shall be construed to
include any organization, municipality or agency engaged in the selling or supplying of
water to a service user;. 1, , "" " eriAed by Pt+b ;.. U lilies !'Gde
Second. Section 3.36.080 of the Huntington Beach Municipal Code is hereby amended to
read as follows:
3.36.080 Gas tax--Exclusions. There shall be excluded from the base on which the tax imposed
in this Section is computed:
(a) Charges made for gas which is to be resold and delivered through mains or pipes;
Charges made b a as public till for as used and consumed in the conduct of the
@) g Y g p utility g
business of gas public utilities; and
(d)(c) .Charges for gas used in water pumping by water corporation.
0
Res. No. 2001-79
STATE OF CALIFORNIA )
COUNTY OF ORANGE } ss:
CITY OF.HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of.
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members.of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 15th
day of October, 2001 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio C erk of the
City Council of the City of
Huntington Beach, California
ORDINANCE NO. 3516
AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 3.36.010 AND 3.36.080 OF CHAPTER 3.36
OF THE HUNTINGTON BEACH MUNICIPAL CODE,REGARDING THE
EXEMPTION OF ELECTRICAL CORPORATIONS
FROM PAYING UTILITIES TAX
SECTION 1. Purposes. Prior to deregulation of the electric industry, the Municipal
Code of the City of Huntington Beach exempted from the Utility Users Tax levied on purchases
of natural gas any purchase made by an electric power plant. This tax exemption existed because
the California Public Utilities Commission would have added the resulting tax into the electric
rates charged in the City rate payment. Since deregulation, electricity is sold on the open market,
and the Public Utilities Commission no longer adds local taxes to electric rates. Consequently,
the purpose of this Ordinance is two-fold:
1. To eliminate the tax exemption for natural gas purchases by electric power plants.
2. Direct any tax revenues resulting from the elimination of the exemption into the
City's General Fund.
SECTION 2. Section 3.36.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.36.010 Definitions. Except where the context otherwise requires, the definitions given in this
Section govern the construction of this chapter:
(a) "City" means the City of Huntington Beach.
(b) "Month"means a calendar month.
(c) "Person"means any domestic or foreign corporation, firm, association, syndicate,joint
stock company, partnership of any kind,joint venture, club, Massachusetts business or
common law trust, society, individual or municipal corporation.
(d) "Service supplier" means any entity which receives taxes paid and remits same as
imposed by this chapter.
(e) "Service user"means a person required to pay a tax imposed by this chapter.
(f) "Tax Administrator"means the Finance Director of the City.
(g) "Telephone corporation, gas corporation, and water corporation" shall have the same
meanings as defined in Sections 234, 222, and 241 respectively, of the Public Utilities
Code of the State of California, as said Sections existed on January 1, 1970. "Water
1
G:Ordinance:Amend Chapter 3.36 HBMC
RJ W/s
]d-11-01
corporation" shall be construed to include any organization, municipality or agency
engaged in the selling or supplying of water to a service user.
SECTION 3. Section 3.36.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.36.080 Gas tax—Exclusions. There shall be excluded from the base on which the tax imposed
in this Section is computed:
(a) Charges made for gas which is to be resold and delivered through mains or pipes.
(b) Charges made by a gas public utility for gas used and consumed in the conduct of the
business of gas public utilities.
(c) Charges for gas used in water pumping by water corporation.
SECTION 4. This ordinance shall take effect upon, and only if it is approved by a
majority of the electorate at the March 5, 2002 election.
SECTION 5. The findings supporting the urgency of this emergency ordinance are
contained in Resolution No. 2001-79.�
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of October , 2001.
-,0 4 .
Mayor
ATTEST: APPROVED AS TO FORM:
T
I
City Clerk I e -19—0) ,4 City Attorney 1
//o. g- , r No. cool- 4++C• cAec�.
2
G:Ordinance:Amend Chapter 3.36 HBMC
RJNV/s
10-11-01
NOTE:
The text of Section 8 of Resolution No.2001-79(adopted on 10-15-2001)was inserted and made available by
the Office of the City Clerk on October 19,2001 per Section 5 of Ordinance No.3516 for reference.
Findings Supporting the Urgency of Emergency Ordinance No. 3516
SECTION 8. The findings supporting the urgency for the adoption of Emergency
Ordinance No. 3515 are: (a)the Superior Court recently ruled against the City of Huntington
Beach in the case of Howard Jarvis Taxpayers'Assn. v. City of Huntington Beach,preventing the
City from levying its retirement tax; (b)as a result of the Court's ruling,the City will suffer a
loss of eight million dollars in budget revenues; (c)although the City has appealed the Court's
decision,the City is not currently levying or collecting this tax; and (d) a report from the City's
Infrastructure Committee has recommended that the City needs additional monies to maintain
and repair its system of public infrastructure.
Emergency Ord.No. 3516
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing ordinance was read to said City
Council at a rem meeting thereof held on the 15th day of October, 2001 and was
passed and adopted by an affirmative vote of the entire membership of the City
Council as required by law. This ordinance shall take effect upon, and only if it
is approved by a majority of the electorate at the March 5,2002 election.
AYES: Green,Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
1,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Indcpcndent on
2001
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockwi city Clerk of the City Council of the City
Deputy City Clerk of Huntington Beach, California
EXHIBIT C
LEGISLATIVE DRAFT
Chapter 3.36
UTILITIES TAX
(159810170.22118f77.245210/80.24702181,288612186.29338/88,30954191.30964/91.
31187191,31629192.3390-5198)
Sections:
3.36.010 Definitions
3.36.020 Telephone tax--Imposed
3.36.030 Telephone tax--Charges
3.36.040 Telephone tax--Intrastate use
3.36.050 Electricity tax
3.36.060 Use of electrical energy
3.36.070 Gas tax--Imposed
3.36.080 Gas tax--Exclusions
3.36.090 Water tax--Imposed
3.36.100 Water tax--Exclusions
3.36.110 Cable Television Users Tax
3.36.120 Exemptions
3.36.130 Collection of tax
3.36.140 Collection--When made
3.36,150 Collection--Commencement
3.36.160 Reporting and Remitting .
3.36.170 Delinquent when
3,36.180 Penalty--Interest and Penalties
3.36.190 Penalty--Imposed by administrator
3.36.200 Penalty--Combining nature
3.36.210 Actions to collect
3.36.220 Failure to pay--Administrative remedy
3.36.230 Assessment--Administrative remedy
3.36.240 Appeals
3.36.245 Audit by City
3.36.250 Records
3.36.260 Refunds
3.36.265 Additional Powers and Duties of Tax Administrator
3.36.270 City exempt
3.36.280 Senior citizens--Exemption
3.36.290 Application required
3.36.300 Notification to service supplier
336.310 Service supplier--Duty of
3.36.320 Exemption automatic
3.36.330 Tax billing exemptions--Effective when
3.36.340 Violation--Penalty
3.36.010 Definitions.Except where the context otherwise requires,the definitions given in this
Section govern the construction of this chapter:
1egisdrf/mc0336LD/10/9/01 1
0
(a) "City" means the City of Huntington Beach.
(b) "Month" means a calendar month.
(c) "Person" means any domestic or foreign corporation, firm, association, syndicate,joint
stock company,partnership of any kind,joint venture, club, Massachusetts business or
common law trust, society, individual or municipal corporation.
(d) "Service supplier" means any entity which receives taxes paid and remits same as .
imposed by this chapter.
(e) "Service user means a person required to pay a tax imposed by this chapter.
(f) "Tax Administrator"means the Finance Director of the City.
(g) "Telephone corporation, , gas corporation, and water corporation"
shall have the same meanings as defined in Sections 234,24-8, 222, and 241 respectively,
of the Public Utilities Code of the State of California, as said Sections existed on January
.1, 1970 "E1e^`"""1 eer-per-atie^" ^ a "w(W)ater corporation" shall be construed to
�-.A44�11.r GL1"4i Vf
include any organization, municipality or agency engaged in the selling or supplying of
e1eetr ea pewer a water to a service user ,hswever,_as speei fie,a by publie T 44i+iat E a,.
D
Wity- (159810/70,29338/88)
3.36.020 Telephone tax--Imposed. There is imposed a tax upon every person in the City, other
than a telephone corporation, using international, interstate, and intrastate telephone
communication services in the City. The tax imposed by this Section shall be at the rate of five
(5%) percent of all charges made for such services. (159a1oao,30964191)
3.36.030 Telephone tax--Charges. As used in this Section, the terra "charges" shall not include
charges for services paid for by inserting coins in coin-operated telephones except that where
such coin-operated telephone service is furnished for a guaranteed amount, the amounts paid
under such guarantee plus any fixed monthly or other periodic charge shall be included in the
base for computing the amount of tax due; nor shall the terra "telephone-communication
services" include maritime-mobile services as defined in Section 2.1 of Title 47 of the Code of
Federal Regulations, or as that section maybe amended from time to time. 059810/70.31s29r92)
3.36.040 Telephone tax--Intrastate use. Notwithstanding the provisions of Section 3.36.020,
the tax imposed under this chapter shall not be imposed upon any person for using intrastate
telephone communication services to the extent that the amounts paid for such services are
exempt from or not subject to the tax imposed by Section 4251 of Title 26 of the United States
Code, as such�Section existed on January 1, 1970, without regard to Section 3.36.020.
(15981 ORO)
IecisdriVmcO336LD/I 0/9/01 2
• !
charges made for such energy and shall be paid by the person paying for such energy. "Charges"
as used in this Section shall include charges made for:
(a) Metered energy; and
(b) Minimum charges for service, including customer charges, service charges,demand
charges, standby charges and annual and monthly charges.
In the case of a service user employing cogeneration technology the tax imposed by this Section
shall be based upon the legal rate per kilowatt cogenerated, as charged by the applicable public
Utility. (1 5 9 81 0170.2933&88)
3.36.060 Use of electrical ener .As used in this Section,the term "using electrical energy"
shall not be construed to mean the storage of such energy by a person in a battery owned or
possessed by him for use in an automobile or other machinery or device apart from the premises
upon which the energy was received;provided,however, that the term shall include the receiving
of such energy for the purpose of using it in the charging of batteries. The term shall not include
electricity used in water pumping by water corporations; nor shall the term include the mere
receiving of such energy by an electrical corporation or governmental agency at a point within
the City for resale.(159$loao)
3.36.070 Gas tax—Imposed. There is imposed a tax upon every person in the City using gas in
the City which is delivered through mains or pipes. The tax imposed by this Section shall be at
the rate of five (5%) percent of the charges made for such gas. (159810170)
3.36.080 Gas tax--Exclusions. There shall be excluded from the base on which the tax imposed
in this Section is computed:
(a) Charges made for gas which is to be resold and delivered through mains or pipes;
(b) Charges made for gas te be used in the ge-fier-atien ef eleetr4eal energy by an eleetr-ieal
men;
(e)(b) Charges made by a gas public utility for gas used and consumed in the conduct of the
business of gas public utilities; and
(d)(G) Charges for gas used in water pumping by water corporation.(15981OT70)
3.36.090 Water tax--Imposed. There is imposed a tax upon every person in the City using water
in the City which is delivered through mains or pipes. The tax imposed by this Section shall be at
the rate of five (5%) percent of the charges made for such water and shall be paid by the person
paying for such water. (159810no)
3.36.E 00 Water tax--Exclusions. There shall be excluded from the base on which the tax
imposed in this Section is computed charges made for water which is to be resold and delivered
tlu-ough mains or pipes; and charges made by a municipal water department, public utility or a
le.-isdrrt'mc0336LD110/9/01 3
county or municipal water district for water used and consumed by such department,utility or
district in the conduct of the business of such department, utility or district. (159a1ono)
3.36.110 Cable Television Users Tax.(31187191)
(a) There is hereby imposed a tax upon every person in the City using cable television
service. The tax imposed by this Section shall be at the rate of five percent(5%) of the
charges made for such service and shall be paid by the person paying for such services.
(31187191)
(b) The tax imposed in this Section shall be collected from the service user by the person
furnishing the cable television service. (31187/91)
3.36.120 Exemptions.Nothing in this chapter shall be construed as imposing a tax upon any
person if imposition of such tax upon that person would be in violation of the Constitution of the
United States or the Constitution of the State of California. (15981wo)
3.36.130 Collection of tax. The amount of tax imposed by this chapter shall be collected from
the service user by the service supplier. (159810l70.2933W88)
3.36.140 Collection--When made. The tax shall be collected insofar as practicable at the same
time as and along with the collection of charges made in accordance with the regular billing
practice of the service supplier. (15981oao)
3.36150 Collection--Commencement. The duty to collect tax from a service user shall
commence with the beginning of the first regular billing period applicable to that person which
shall begin as of January 1, 1971, or at the beginning of the first regular billing period thereafter
which would not include service prior to January 1, 1971. Where a person receives more than
one billing, one or more being for different periods than another, the duty to collect shall arise
separately for each billing period. (15s81ono)
3.36.160 ReportinL7 and Remitting. (339o-5/9s)
(a) Each service supplier shall make a return to the Tax Administrator, on forms provided by
him, stating the amount of taxes billed by the service supplier during the preceding
month. At the time the return is filed,the full amount of the tax collected shall be
remitted to the Treasurer. The Tax Administrator is authorized to require such further
information as he deems necessary to properly determine if the tax herein imposed is
being levied and collected in accordance with this chapter. Tax returns must be
postmarked with prepaid postage and properly addressed, or delivered to the Treasurer on
or before the 20th day of each month. Returns and tax remittances are due immediately
upon cessation of business for any reason. Should the due date occur'on a weekend or
legal holiday, the return must be received on the first regular working day following a
Saturday/Sunday, or legal holiday. (15s81ono,22118l77.3390-"B)
(b) Service suppliers and the Tax Administrator may enter into an agreement to remit taxes
by way of electronic funds transfer or similar means. (3390-5198)
]egisdrfVmc0336LB/10 9 01 4
(c) The Tax Administrator,or the Taus Administrator's designated representative,may
request from a person providing transportation services of gas or electricity to service
users within the City a list of the names and addresses of its transportation customers
within the City pursuant to Section 6354(e)of Chapter 2.5 of Division 3 of the California
Public Utilities Commission. (3390-5l98)
(d) If any person subject to record keeping under this Section unreasonably denies the Tax
Administrator,or the Tax Administrator's designated representative, access to such
records, then the Tax Administrator may impose a penalty of$500 on such person for
each day following the initial date that the person refuses to provide such access. (33w-&98)
3.36.170 Delia uent when. Taxes collected from a service user which are not filed with the Tax
Administrator on or before the due dates provided in this chapter are delinquent. (15981ouo.
22118l77)
3.36.180 Interest and Penalties. (3390-W8)
(a) Taxes collected from a service user which are not received by the Treasurer on or before
the due dates provided in this chapter are delinquent. (3390-5198)
(b) Any service supplier who fails to remit any tax imposed by this chapter within the time
required shall pay a penalty of ten.percent(10°!o)of the amount of the tax. Said penalty
shall be paid in addition to the amount of the tax. (3390-5/98)
(c) Any service supplier who fails to remit any delinquent remittance on or before a period of
thirty(30) days following the date on which the remittance first became delinquent shall
pay a second delinquency penalty of ten percent (10%) of the amount of tax in addition to
the amount of the tax and the penalty first imposed. (3390-5198)
(d) If the Treasurer determines that the non-payment of any remittance due under this chapter
is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be
added thereto in addition to the penalties stated in subsections(b) and(c) of this Section.
(3390-5198)
(e) In addition to the penalties imposed, any service supplier who fails to remit any tax
imposed by this chapter shall pay interest to the City at the rate of one and one-half
percent (1-1/2%) per month or fraction thereof on the amount of the tax, exclusive of
penalties, from the date on which the remittance first becomes delinquent until paid. (3390-
5198)
(#) Every penalty imposed and such interest as accrues under.the provisions of this Section
shall become a part of the tax herein required to be paid. (3390-5/98)
3.36.190 Penalty--Imposed by administrator. The Tax Administrator shall impose the
penalties and interest upon persons required to pay and remit taxes under the provisions of this
chapter. (159810170,2211W7,3390-5198)
1e.-isdrf1/mc0336LD/1019/01 5
3.36.200 Penalty--Combining nature. Every penalty imposed under the provisions of this
chapter shall become a part of the tax required to be paid. (15981(/70,22118/77)
3.36.210 Actions to collect.Any tax required to be paid by a service user under the provisions of
this chapter shall be deemed a debt owed by the service user to the City. Any such tax collected
from a service user which has not been paid to the Treasurer shall be deemed a debt owed to the
City by the person required to collect and pay. Any person owing money to the City under the
provisions of this chapter shall be liable to an action brought in the name of the City for the
recovery of such amount. (159810/70,221 IW7,3390-5/98)
3.36.220 Failure to pay--Administrative remedy. Whenever the Tax Administrator determines
that a service user has deliberately withheld the amount of the tax owed by him from the
amounts remitted to a service supplier, or that a service user has failed to pay the amount of the
tax for a period of two or more billing periods, or whenever the Tax Administrator deems it in
the best interest of the City,he may relieve the service supplier of the obligation to collect'taxes
due under this chapter from certain named service users for specified billing periods. The Tax
Administrator shall notify the service user that he has assumed responsibility to collect the taxes
due for the stated periods and demand payment of such taxes. The notice shall be served on the
service user by handing it to him personally or by deposit of the notice in the United States mail,
postage prepaid thereon, addressed to the service user at the address to which billing was made
by the service supplier; or should the service user have changed his address, to his last known
address. If a service user fails to remit the tax to the Treasurer within fifteen days from the date
of the service of the notice upon him, which shall be the date of mailing if service is not
accomplished in person; a penalty of twenty-five (25%) percent.of the amount of the tax set forth
in the notice shall be imposed but not less than five dollars. The penalty shall become part of the
tax herein required to be paid. (15981ORO.3390-5198)
3.36.230 Assessment--Administrative remed . The Tax Administrator may make an
assessment for taxes not paid or remitted by a service supplier or service user. The Tax
Administrator shall mail a notice of the assessment which shall refer briefly to the amount of the
taxes and penalties imposed. The Tax Administrator shall mail a copy of such notice to the
supplier or the service user, allowing fourteen(14) days to appeal the assessment. (159810n0.339a
5198)
3.36.240 Appeals. (3390-5/98)
(a) City Administrator Appeal. If the service user or service supplier is aggrieved by any
decision of the Tax Administrator, or with the failure to grant a refund or exemption as
provided for under this chapter, he may appeal to the City Administrator, or his or her
duly authorized designee, by filing a notice of appeal with the City Clerk within fourteen
(14) days of the decision which aggrieved the service user or service supplier. The City
Clerk shall thereupon fix a time and place for a hearing of such appeal. The City Clerk
shall give notice to such person of the time and place of hearing as herein provided. (3390.
5/98)
(b) CityAministrator Decision. The decision of the City Administrator, or his or her duly
authorized designee, shall be final unless appealed to the City Council. (3390-&9a)
Iegisdrj Vmc0336LD/10.'9/01 6
(c) Appeal to the City Council. An appeal from a decision by the City Administrator may be
filed no later than ten calendar days after the date of the decision. (3390-5198)
(1) Form of Notice on Appeal. The notice of appeal shall contain the name and
address of the person appealing the action,the decision appealed from and the
grounds for the appeal. A defect in the form of the notice does not affect the
validity or right to an appeal. (339o-"8)
(2) Action on Appeal. The City Clerk shall set the matter for hearing before the City
Council and shall give notice of the hearing on the appeal. (3390-&98)
(3) De Novo Hearin. The City Council shall hear the appeal as a new matter. The
original applicant has the burden of proof. The City Council may act upon the
appeal, either granting it, conditionally granting it or denying it, irrespective of
the precise grounds or scope of the appeal. In addition to considering the
testimony and evidence presented at the hearing on the appeal, the City Council
shall consider all pertinent information from the file as a result of the previous
hearings from which the appeal is taken. (339(1-w98)
(4) Decision on Appeal. The City Council may reverse or affirm in whole or in part,
or may modify the decision, or determination that is being appealed. (3390-&98)
(5) Fee for Appeal. The notice of appeal shaII be accompanied by the fee fixed by
resolution of the City Council. p39o- m)
(6) Anoeal by City Council Member.
A. A City Council member may appeal a decision of the City Administrator.
The appeal shall be processed in the same manner as an appeal by any
other person but need not be accompanied by the fee prescribed for an
appeal. (3390-SM)
B. The City Council member appealing the decision is not disqualified by
that action from participating in the appeal hearing and the deliberations
nor from voting as a member of the City Council. (3390-5/98)
3.36.245 Audit by City. The City shall have the right to inspect all books, accounts and records
of the service supplier which the City deems necessary to properly determine if the tax herein
imposed is being levied and collected in accordance with this Chapter. The service supplier shall
make available all books, accounts and records at a location within Los Angeles or Orange
County and during normal business hours. (3390-5198)
3.36.250 Records. It shall be the duty of every person required to collect and remit to the City
any tax imposed by this chapter to keep and preserve, for a period of three years, all records as
may be necessary to determine the amount of such tax as he may have been liable for the
legisdrfVmc0336LD!1019101 7
0 0
collection of and remittance to the Treasurer, which records the Treasurer shall have the right to
inspect at all reasonable times. (15981WO,3390-5MB)
3.36.260 Refunds.
(a) Whenever the amount of any tax hasbeen overpaid or paid more than once or has been
erroneously or illegally collected or received by the Tax Administrator under this
Chapter, it may be refunded as provided in this Section. o5m-ior7o,3390-5198)
(b) A person required to collect and remit taxes as imposed by this Chapter may claim a
refund or take as credit against taxes collected and remitted the amount overpaid,paid
more than once or erroneously or illegally collected or received when it is established in a
manner prescribed by the Tax Administrator that the service user from whom the tax has
been collected did not owe the tax;provided, however,that neither a refund nor a credit
shall be allowed to the service supplier unless the amount of the tax so collected has
either been refunded to the service user by, or credited to charges subsequently payable
to, the person required to collect and remit such tax to the City.(ism-10170.3390-5M)
(c) A service user who has not otherwise received a refund or a credit against future taxes
from the service supplier pursuant to subsection(b)of this Section may claim a refund
directly from the Tax Administrator for any amount overpaid, paid more than once, or
erroneously or illegally collected or received when it is established that the service user
from whom the tax has been collected did not owe the tax. The Tax Administrator shall
notify the service supplier of his/her determination and the amount of any refund due to
the service user which amount, if any, shall be promptly refunded or credited to the
service user by the service supplier in accordance with subsection(b) above. (3390-5/98)
(d) Notwithstanding other provisions of this Section, whenever a service supplier, pursuant
to an order of the California Public Utilities Commission or a court of competent
jurisdiction, makes a refund to service users of charges for past utility services, the taxes
paid pursuant to this Chapter on the amount of such refunded charges shall also be
refunded to such service users, and the service supplier shall be entitled to claim a credit
for such refunded taxes against the amount of tax which is due upon the next monthly
returns. (3390.5198)
(e) A service supplier may refund any sums due to the service user in accordance with this
Section or by the service supplier's customary practice. (3390-5198)
(f) No credit or refund shall be allowed or paid by the City under the provisions of this
Section unless the claimant has submitted a written claim to the Tax Administrator within
one year of the overpayment or erroneous or illegal collection of said tax. Such claim
must clearly establish claimant's right to the refund by written records.showing
entitlement thereto.The submission of a written claim,which is acted upon by the Tax
Administrator, shall be a prerequisite to a suit thereon. The Tax Administrator shall act
upon the refund claim within the time period set forth in Government Code Section
912.4. If the Tax Administrator fails or refuses to act on a refund claim within the time
1cgisdrf/mc0336LD110 W01 8
0 0 .
prescribed by Government Code Section 912.4,the claim shall be deemed to have been
rejected by the Tax Administrator on the last day of the period within which the Tax
Administrator was required to act upon the claim as provided in Government Code
Section 912.4. It is the intent of the Tax Administrator that the one year written claim
requirement of this subsection be given retroactive effect;provided, however,that any
claims which arose prior to the commencement of the one year claims period of this
subsection,and which are not otherwise barred by a then applicable statute of limitations
or claims procedure, must be filed with the Tax Administrator as provided in this
subsection within ninety(90)days following the effective date of this ordinance. The
above refund procedure has been adopted by the City pursuant to Government Code
Section 935.(3390,-V98)
3.36.265 Additional Powers and Duties of Tax Administrator. (3390,5/98)
(a) The Tax Administrator shall have the power and duty, and is hereby directed to enforce
each and all of the provisions of this Chapter. (3390-&98)
(b) The Tax Administrator shall have the power to adopt rules and regulations not
inconsistent with provisions of this Chapter for the purpose of carrying out and enforcing
the payment, collection and remittance of the taxes herein imposed. A copy of such rules
and regulations shall be on file in the Tax Administrator's Office. (3390-5198)
(c) The Tax Administrator may make administrative agreements to vary the strict
requirements of this Chapter so that collection of any tax imposed herein maybe made in
conformance with the billing procedures of particular service supplier so long as said
agreements result in collection of the tax in conformance with the general purpose and
scope of this Chapter. A copy of each such agreement shall be on file in the Tax
Administrator's Office. (3390-6198)
(d) The Tax Administrator shall determine the eligibility of any person who asserts a right to
exemption from or a refund of, the tax imposed by this Chapter. (339o-sw)
3.36.270 City exempt.The taxes imposed by this chapter shall not apply to the City.
(15981 ORO)
3.36.280 Senior citizens--Exemption.The tax imposed by this chapter shall not apply to any
individual service user sixty-two years of age or older who uses telephone, electric,water or gas
services, in or upon any premises occupied by such individual,provided the combined adjusted
gross income as used for federal income tax reporting purposes of all members of the household
in which such service user resides does not exceed the "HUD Income Guidelines - Very Low
Income Category" currently on file at the City's Office of the Housing Rehabilitation
Administrator, for the calendar year prior to the fiscal year(July 1 through June 30) for which
the exemption provided by this chapter is applied. (245210180.288s12186.309sar91)
3.36.290 ApUlication required. Any service user, meeting the requirements for exempt status,
may file a verified application with the Director of Finance on a form fumished by him. The
1e.oisdrft/mc0336LD/10,9/01 9
Director of Finance, or his designee, shall review all applications and certify those service users
as exempt who meet the requirements for the exemption provided by this chapter. (245210M)
3.36.300 Notification to service supplier.The Director of Finance,or his designee,shall
compile a list of all exempt service users, together with the addresses;account numbers, if any,
of such users, and such other information as may be necessary for service suppliers to remove
exempt service users from their tax billings. (245210/80)
3.36.310 Service supplier—Du!X of.No service supplier shall be required to bill any exempt
service user for any tax imposed by this chapter after receipt of notice from the Director of
Finance that such service user has met the requirements for exempt status established by the
provisions of this chapter. (24521o/8o,247omi)
3.36.320 Exemption automatic. The exemption provided for in this chapter shall continue and
be renewed automatically from year to year except as hereinafter provided. No exempt service
user shall fail to notify the Director of Finance within ten (10)days of a change of address, or of
any other fact or circumstance which might disqualify him or otherwise affect his exempt status.
All exempt service users shall file with the Director of Finance new verified applications in order
to receive exempt service at a new address or location. (2452-10/$0)
3.36.330 Tax billing exemptions--Effective when.All service suppliers shall remove exempt
service users from their tax billings for the first regular full billings dated on or before
October 15, 1980, and thereafter within sixty(60) days after notice from the Director of Finance
to do so. (245210/$0)
3.36.340 Violation—Penalty. It is unlawful and a misdemeanor for any person knowingly to
receive the exemption provided by this chapter when such person has not met the requirements
on which such exemption is based, or when such person can no longer meet the requirements on
which such exemption is based, and upon conviction thereof shall be subject to a fine of five
hundred dollars ($500)or imprisonment in the county jail for a period not to exceed six(6)
months, or by both such fine and imprisonment. Each such person shall be guilty of a separate
offense for each and every day or portion thereof during which a violation is committed or
continued. (24521o/so)
legisdrft/mc0336LD/10/9101 10
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(17) February 5, 2001 Council/Agency Minutes - Page 17
Economic Development Director Biggs responded that it is a contractual obligation. Director
Biggs informed Council of a study conducted by Keyser Marston and Associates (KMA) and its
findings that the guaranteed rate prevents the elimination of the subsidy, that the only real
alternative would be to leave the space vacant.
Agency Member Bauer spoke regarding the two lawsuits that Abdelmuti has pending against the
Agency.
A motion was made by Bauer to reject approval of the item. The motion died for lack.of a
second.
A motion was made by Dettloff, second Green to approve as to form the attached Third
Amendment to Office Space Lease between Abdelmuti Development Company and Computer
Memory Test Labs Inc., a California Corporation. The motion.carried by the following roll call
vote:
AYES: Green, Boardman, Cook,Julien Houchen, Dettloff
NOES: Bauer
ABSENT: None (Garofalo out of room)
----- (City Council) Accepted the County Registrar of Voters Certificate as to Verification of
Signatures on a Petition Called the Property Rights Protection Measure to Amend Section
803 of the City Charter (Mr. Ed Laird, Proponent) and Selected the General Municipal
Election Date of March 5, 2002 as the Date for Election on Said Measure (620.30)
The City Council considered a communication from the City Clerk transmitting for City Council
acceptance, the Certificate as to Verification of Signatures on a petition called the Property
Rights Protection Measure to amend Section 803 of the Huntington Beach City Charter. The
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.
The City Clerk provided background information on the petition. She responded to Council's
questions in reference to the costs to be incurred with each election date. The City Clerk
confirmed that the action to be taken tonight requires two motions: The first requires Council
acceptance of the certificate. The second, which is the selection of the date, does not have to be
decided at this time. The City Clerk informed Council that when a date is selected by Council for
the election, she will present the resolutions calling for the election for approval.
Councilmember Boardman stated that she is in favor of setting the earliest date at the least cost,
as the outcome of the election will impact the rent control measure that the mobile home owners
have been attempting to put forward as a city ordinance.
—� A motion was made by Green, second Boardman to accept the Certificate as to Verification of
Signatures on Petition called Property Rights Protection Measure provided to the City Clerk from
the County Registrar of Voters, dated January 11, 2001. The motion carried by the following roll
call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo Dettloff, Bauer
NOES: None
ABSENT: None
•
^' z
CITY OF HUNTINGTON BEACH
Inter-Department Communication
P CD—gym
To: MAYOR AND MEMBERS OF THE MY COUNCIL )DI0 `.
From: GAIL HUTTON, City Attorney
Date: OCTOBER 15,2001 J= i
Subject: Items F-2, F-3 and F-4 on October 15, 2001 City Council Agenda
Transmitted herewith are three revised resolutions for tonight's City Council meeting:Resolution No.2001-79
(Agenda item F-2),Resolution No. 2001-80 (Agenda item F-3) and Resolution No. 2001-81 (Agenda item F-4),
all concerning the "Property Rights Protection Measure"scheduled for the March 5,2002 election ballot.
Although not specifically required by the state s Elections Code,the language concerning the Property Rights
Protection Measure that is contained in proposed Resolution Nos.2001-79,2001-80 and 2001-81 in the
Councilmembers' Agenda packets,should mirror the language contained in the"Ballot Title"that was contained
on the initiative petitions on which the needed number of voters' signatures were obtained last year.
The ballot question contained in the original resolutions was modeled upon the language in a portion of the
proposed Charter Amendment itself. Unfortunately,the language of the proposed Charter Amendment is
somewhat cumbersome and difficult to distill into a 75-word ballot question.
The`Ballot Title,"which appeared last year on this measure's initiative petition, stated:
"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)."
Therefore,we have revised the ballot question to more closely reflect the ballot title, as set forth above.
This will avoid any undue confusion.
Attached to this memorandum is a copy of proposed revised Resolution Nos. 200149(Revised),
Resolution No. 2001-80(Revised)and Resolution No.2001-81 (Revised). The language in each
resolution's box, for the Property Rights Protection Measure,mirrors the language of the measure's earlier
"Ballot Title."
Please contact me if you have any questions.
1 �
- GAIL HUI-TON,City Attorney
cc: Ray Silver,City Administrator
William Workman,Assistant City Administrator
Connie Brockway,City Cleric _ 2-
I&astructure Ballot Meas#s
Ballot Measures
C7 of C.J
City of Huntington Beach
,Special Municipal Election
March 5, 2002
Infrastructure Ballot Measures
iO�_i
➢Recommended by the Infrastructure
Planning Committee
➢Support the long-range funding of
City infrastructure
➢Approved by the City Council
October 15,2001 2
October 15, 2001 sate Communication F-2 1
JW I&astructure Ballot Measlos
Charter Amendment
Creation of Infrastructure Fund
➢ Establishes a fund directed to infrastructure
repair, maintenance and construction
➢ Prohibits the loan or transfer of funds to
other uses
➢ Requires General Fund expenditures to be
at least 15% of revenues based on a 5
year rolling average
➢ Designates an Advisory Board to annually
to review and audit fund activities
October 15,2001 3
Infrastructure Fund
Power Plant Utility Tax ,
➢Advisory vote only
➢Directs the Utility Tax paid by the
electric power plant specifically to an
infrastructure fund
Fund to be used for the maintenance,
construction and repair of all public
facilities such as storm drains, streets,
sidewalks, parks, and public buildings
October 15,2001 a
October 15, 2001 Late Communication F-2 2
Y
*astructure Ballot Measl&s
Amendment of Utility Tax
Exemption for Power Plant
➢Amends the ordinance to require an
electric power plant to pay the same 5%
utility tax as residents and businesses
➢ Current ordinance excludes generators of
electrical energy from utility tax on natural
gas
➢AES facility is a privately owned and
operated electric power plant
➢ Annual natural gas utility tax revenues are
estimated at $2.3 million
ocrobw 15,zoos s
I
October 15, 2001 Late Communication F-2 3
M 1 '
OCITY OF HUNTINGTON BEa
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-07
Council/Agency Meeting Held: to-IS-pi
Deferred/Continued to:
1Sr Approved , Condii:i nally A prgv ❑ Denied ,City Clerk's Si ature
❑revs� ,.�
o
Co n'7—cl Meeting Date: October 15, 2001 Department ID Number: CK2001-07
CITY OF HUNTINGTON BEACH d
REQUEST FOR ACTION C'
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBMITTED BY: GAIT, HUTTON, City Attorney taN 6�a Ram
CONNIE BROCKWAY, City Clerk c6
PREPARED BY: CONNIE BROCKWAY, City Clerk o6
SUBJECT: Adopt Resolution No. a00/-So - Requesting Board of Supervisors to
Consolidate the City of Huntington Beach Special Municipal Election with
the March 5, 2002 Statewide Primary Election.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Pursuant to State of California Elections Code S.10403 it is necessary
that the City Council request the County Board of Supervisors to consent and agree to the
consolidation of the City of Huntington Beach Special Municipal Election with the Statewide
Primary Election on Tuesday, March 5, 2002. Four ballot measures are to be submitted to
the voters.
Funding Source: Payment to the County of Orange of approximately $80,000 to $100,000
from the General Fund Account No. 1001201.69365.
Recommended Action: Motion to:
Adopt Resolution No.Apo/- g0 - "A Resolution of the City Council of the City of Huntington
Beach, Pursuant to Section 10403 of the State's Election Code, Requesting the Board of
Supervisors of the County of Orange to Consolidate a Special Municipal Election to Be
Held on March 5, 2002, with the Statewide Primary Election to Be Held on the Same Date."
Alternative Action(s): Conducting a stand-alone election rather than,requesting
consolidation with.the County of Orange would cost considerably more.
G:\RCA'S12001 rca1ck2001-07.dot - 10/10/2001 3:34 PM
1
I M '
REQUEST FOR ACTION 10
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-07
Analysis: Adoption of Resolution No.,;�00l-80 authorizes the Registrar of Voters to hold
and canvass the returns of the Special Municipal Election. This resolution also serves as the
City's agreement to reimburse the County for costs associated with the consolidation.
Environmental Status: Not Applicable.
Attachments}:
City Clerk's
. • • Number No. Description
1. Resolution No.o2C f - Requesting Consolidation of the Special
Municipal Election with the March 5, 2002 Statewide Primary Election.
RCA Author-. C. Brockway,x5404
G:IRCA'&2001rca1ck2001-07.dot -$- 10/10/2001 10:16 AM
92
R f
0 0
RESOLUTION NO. 2001-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
PURSUANT TO SECTION 10403 OF THE STATE'S ELECTION CODE,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5, 2002,
WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE
WHEREAS, the City Council of the City of Huntington Beach, California("City"), called a
Special Municipal Election to be held on March 5, 2002, for the purpose of submitting to the voters
four ballot measures: two proposed charter amendments; an advisory measure; and a proposed
ordinance; and
WHEREAS,it is desirable that the Special Municipal Election be consolidated with the
Statewide Primary Election to be held on the same date and that within the City the precincts,polling
places and election officers of the two elections be the same, and that the county elections department
of the County of Orange canvass the returns of the Special Municipal Election and that the election
be held in all respects as if there were only one election;
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach, California,
does resolve, declare, determine and order as follows:
SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code of
the State of California, the Board of Supervisors of the County of Orange is hereby requested to
consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary
Election on Tuesday, March 5, 2002, for the purpose of considering the four ballot measures
described in SECTION 2 of this resolution.
SECTION 2. That said four measures are to appear on the March 5, 2002,ballot as follows:
FIRST MEASURE (PROPOSED CHARTER AMENDMENT
Property Rizhts Protection Measure
YES
"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 NO
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)?"
reso/election consolidation-2002 CA 10-1 S-01 1
0 Res. No. 2001-80
SECOND MEASURE (PROPOSED CHARTER AMENDMENT)
Creation of Infrastructure Fund
YES
"Shall the Huntington Beach Charter be amended to
establish an"Infrastructure Fund"with all infrastructure
revenues raised, and accrued interest, directed into
the Fund, prohibiting the transfer or loan of Fund NO
monies; requiring that General Fund expenditures for
infrastructure not be reduced below 15% of General
Fund revenues based on a five-year roiling average; and
requiring that City Council designate an advisory board
to annually review and audit the Infrastructure Fund?"
THIRD MEASURE ADVISORY VOTE ONLY
Advisory Vote Only. Infrastructure_Fund.
Power Plant Utility Tax YES
"Should the Utility Tax paid solely by an electric power
plant be placed into an Infrastructure Fund to be used
only for the maintenance, construction and repair of NO
infrastructure such as storm drains, storm water pump
stations, alleys, streets, highways, curbs and gutters,
sidewalks, bridges, street trees, landscaped medians,
parks, beach facilities, playgrounds, traffic signals, street
lights,block walls along arterial highways and all public
buildings and public ways?"
FOURTH MEASURE (PROPOSED ORDINANCE)
Amendment of Utility Tax by Removing Electric Power
Plant Exemption YES
"Shall the ordinance requiring an electric power plant to
pay the same Utility Tax as do residents and businesses
of the City of Huntington Beach by amending the NO
Huntington Beach Municipal Code to remove Section
3.36.080(b) and make corresponding changes to Section
3.36.010(g), be adopted?"
resofelection consolidation-2002 CA 10-15-01 2
0 0 Res. No. 2001-80
SECTION 3. That the county election department is authorized to canvass the returns
of the Special Municipal Election. The election shall be held in all respects as if there were only
one election, and only one form of ballot shall be used.
SECTION 4. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for the holding of the consolidated
election.
SECTION 5. That the City of Huntington Beach recognizes that additional costs will be
incurred by the County of Orange by reason of this consolidation and agrees to reimburse the
County for such additional costs.
SECTION 6. That the City Clerk is hereby directed to file a certified copy of this
resolution with the Board of Supervisors and the county election department of the County of
Orange.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of_ October 2001.
t4iol'.e
Mayor
ATTEST: APPROVED AS TO FORM:
owl
01
City Clerk Id - 1$--5) rA-'City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
G�
City A ministrator City Clerk all
reso/eleoion consolidation-2002 CA 10-15-01 3
Res. No. 2001-80
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss:
CITY OF HUNTINGTON BEACH }
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said
City, do hereby certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing resolution was
passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council at a regular meeting thereof held on the 15th
day of October, 2001 by the following vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff,
Bauer
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio dierk of the
City Council of the City of
Huntington Beach, California
0 UUPLiCATE
VIA CITY OF HUNTINGTON BEACH Q
Inter-Department Communication �W
To: MAYOR AND MEMBERS OF THE CITY COUNCIL
From: GAIL HUTTON, City Attorney LJ ~
Date: OCTOBER 15, 2001 D
Subject: Items F-2, F-3 and F-4 on October 15, 2001 City Council Agenda
Transmitted herewith are three revised resolutions for tonight's City Council meeting: Resolution No. 2001-79
(Agenda item F-2), Resolution No. 2001-80(Agenda item F-3) and Resolution No. 2001-81 (Agenda item F-4),
all concerning the "Property Rights Protection Measure"scheduled for the March 5, 2002 election ballot.
Although not specifically required by the state's Elections Cade,the language concerning the Property Rights
Protection Measure that is contained in proposed Resolution Nos. 2001-79,2001-80 and 2001-81 in the
Councilmembers'Agenda packets, should mirror the language contained in the"Ballot Title"that was contained
on the initiative petitions on which the needed number of voters' signatures were obtained last year.
The ballot question contained in the original resolutions was modeled upon the language in a portion of the
proposed Charter Amendment itself. Unfortunately, the language of the proposed Charter Amendment is
somewhat cumbersome and difficult to distill into a 75-word ballot question.
The `Ballot Title,"which appeared last year on this measure's initiative petition, stated:
"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)."
Therefore,we have revised the ballot question to more closely reflect the ballot title,as set forth above.
This will avoid any undue confusion.
Attached to this memorandum is a copy of proposed revised Resolution Nos. 200149 (Revised),
Resolution No. 2001-80 (Revised) and Resolution No. 2001-81 (Revised). The language in each
resolution's box, for the Property Rights Protection Measure,mirrors the language of the measure's earlier
"Ballot Title."
Please contact me if you have any questions.
f
—I f C,
- GAIL HUTTON,City Attorney
cc: Ray Silver, City Administrator
William Workman,Assistant City Administrator
Connie Brockway, City Clerk
2
(18) February 5, 2001 Council/Agency Minutes - Page 18
---�j A motion was made by Green, second Bauer to select the election date of March 5, 2002 from
under the Analysis section of the staff report and direct the City Clerk to prepare the appropriate
"call for election" resolutions for presentation to Council at a future Council meeting. The motion
carried by the following roll call vote:
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo Dettloff, Bauer
NOES: None
ABSENT: None
(City Council) Removed from Agenda: Execution of Three Agreements: (1) License r
Agreement with the Waterfront Hotel, LLC, and Mayer Financial, L.P., (2) Cooperative
Agreement No. 12-375 with CalTrans, and (3) Agreement with Orange County Sanitation
District and Mayer Financial, L.P. involving Public Improvements and a Pedestrian
Overcrossing (of Pacific Coast Highway) in Connection with the Proposed Grand Coast
Resort Hotel Project (600.10)
The City Council concurred with the staff request that this item be pulled from the agenda and
brought back February 20, 2001.
(Redevelopment Agency) Approved the Second Implementation Agreement to Amended
and Restated Disposition and Development Agreement(DDA) with Mayer Financial, L.P.
(Waterfront Site Expansion - Hilton Grand Coast Resort) in Connection with Settlement
Agreement with the Coastal Commission-Denied Motion to Execute a Memorandum of
Understanding with the Huntington Beach Wetlands Conservancy for Interim Maintenance
and Management of the Little Shell Wetlands-Approved Referral to the Bolsa Chica
Committee to Select Nan-Profit Group to Maintain Little Shell Wetlands and Return with
Recommendations to February 20, 2001 Meeting) (600.30)
The Redevelopment Agency Members considered a communication from the Economic
Development Department submitting that the Redevelopment Agency is party to a Disposition
and Development Agreement (DDA)with Mayer Financial, L.P. (the Developer). This agreement
was subsequently amended by a First Implementation Agreement. These two agreements
together constitute the"Existing Agreement" and provide for the phased disposition of hotel site,
the residential property and related public improvements. The Second Implementation
Agreement is submitted to the Agency to acknowledge the Settlement Agreement with the
Coastal Commission and its related consequences of potentially reducing the number of
residential units, as well as acknowledging the License Agreement with the City for the
pedestrian overcrossing, (which will be introduced as an agenda item at the February 20, 2001
City Council-Redevelopment Agency meeting) and restricting the.eligible costs for which the
Agency-can reimburse the Developer.
Economic Development Director Biggs presented a PowerPoint presentation titled Grand Coast
Resort Hotel Project--Public Improvement Agreements that had been announced earlier as a
Late Communication by the Agency Clerk.
Economic Development Director Biggs informed the Agency Members that Agency Special
Counsel Murray Kane is present and available to answer any questions.
Agency Member Boardman spoke regarding the concerns outlined in the letter submitted by
Dr. Jan D. Vandersloot dated February v, 2001 and titled Re: Little Shell Wetlands-Request for
Public Access announced earlier by the Agency Clerk as a Late Communication.