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Special Election - March 5, 2002 - Resolution 2001-81 - Sets
.;ITY OF HUNTINGTON BEA(,. MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001.08 Council/Agency Meeting Held: /0-/.5--0/ Deferred/Continued to: ` 'Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig tune Amfnh�e6tlt5e he- 2Atlot ¢ Council Meeting Date: October 15, 2001 Department ID Number: CK2001-08 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION .� S2 —i O :Z C'? SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS Jn_, SUBMITTED BY: GAIL HUTTON, City Attorney CIA -Cl �o m CONNIE BROCKWAY, City Clerk C.Q - PREPARED BY: CONNIE BROCKWAY, City Clerk c6 m SUBJECT: Adopt Resolution No. a-r0/--8/ - Sets Priorities for Written Arguments Re: City Measure - Proposed Charter Amendment Initiated by Mr. Ed Laird, Proponent (Property Rights Protection) - Special Municipal Election March 5, 2002. Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: WRITTEN ARGUMENTS: If Council wishes to have first priority to file an argument (against) the proposed Charter Amendment (Property Rights Protection)— initiated by Mr. Ed Laird (Proponent) —the Council may vote to authorize and name up to 5 Councilmembers to file an argument against the proposed measure: Should Council choose not to have priority, written arguments shall be selected by the City Clerk pursuant to the State Elections Code. IMPARTIAL ANALYSIS: The inclusion of an Impartial Analysis in the Voter Information Pamphlet is optional. The City Council may direct the City Attorney to prepare an impartial analysis for this measure. Funding Source: Not Applicable. GARCA'S\2001rca\ck2001-08.dot -'- 10/10/2001 3:34 PM I REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-08 Actions Available to Council: Motion to: Adept=Resolution No. o /-after'naming=Counci.lmemb.er..s-authorized to fiile written afguffients-again`st,acid-to d'ifg-dt'the prep-araation-of_an-lmpartial-Analysis¢-.. `°A=Resolution o the-C ty-C-cancil=of-the- itySef-Huntington=Beach-Setting=Priorities=for Filing=a=Written Afgdmeltt-Aga-4st-a-C itj-Measure-(A=Preposed=Initiative=Petition=Amendment-to-thee-City tt©rney te-Prepar-e an4rnpa#ia�44sko.o Said ,Av7ea�iit�vY C(b)Adopt Resolution as amended, to only provide for the City Attorney to prepare an impartial analysis; or- na is-pFepafed- Alternative Action(s): (See available actions) Analysis: The State Elections Code provides that Council may authorize members (no more than 5 Councilmembers) to file written arguments regarding city measures. This would give priority to the Councilmembers' argument being selected by the City Clerk if more than one argument is filed. The proponent of the Charter Amendment petition is given priority to file the argument in favor. Preparation by the City Attorney of an Impartial Analysis for the Voter Information Pamphlet is optional. Traditionally the City Council has adopted this portion of the resolution which directs the City Attorney to prepare an Impartial Analysis of the Measure which shows the effect of the measure on the existing law, and the operation of the Measure. Environmental Status: Not Applicable. Attachment(s): NumberCity Clerk's Page Pescription 1. Resolution No. a00/-d - Sets Priorities for Written Arguments Re: City Measure - Proposed Charter Amendment Initiated by Mr. Ed'Laird, Proponent (Property Rights Protection) - Special Municipal Election March 5, 2002. 2. Election Code, Sections 9219, 9220, and 9280 RCA Author: C. Brockway, x5404 G:\RCA'S\2001 rca\ck2001-08.dot -,.c�- 10/11/2001 11:33 AM 02' i Q ry AT HME N RESOLUTION NO. 2001-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT AGAINST A CITY MEASURE (A PROPOSED INITIATIVE PETITION AMENDMENT TO THE CITY'S CHARTER) AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SAID MEASURE WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 5, 2002, at which there will be submitted to the voters the following measure ("Measure"); which Measure consists of a proposed initiative petition amendment to the City's Charter: 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)?" SECTION 1. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, unless the organization or salaries of the Office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. If the Measure affects the organization or salaries of the Office of the City Attorney,the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 2. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 2001. Mayor ATTEST: APPROVED AS TO FORM: Clerk / �q City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: (� 111;-Iollt� Z�4 City Adm >strator City Clerk Reso/election/2002 written argumts-property its 10-15-01 Res. No. 2001-81 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 C14rk of the City Council of the City of Huntington Beach, California RESOLUTION NO. 2001-81 (REVISED) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNT TON BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMEN AGAINST A CITY MEASURE (A PROPOSED INITIATIVE PETITION AMEND NT TO THE CITY'S CHARTER) AND DIRECTING THE CITY ATTORNEY T PREPARE AN IMPARTIAL ANALYSIS OF SAID MEAS WHEREAS, a Special Municipal Election is to be held in the • y of Huntington Beach, California, on March 5, 2002, at which there will be submitted to the oters the following measure ("Measure"); which Measure consists of a proposed initiative petiti n amendment to the City's Charter: Property Rights Protection Measure YES "Shall the Charter of the City of Huntington each be amended by adding a new section thereto p oviding that only a property owner can establish the p cc or terms regarding that property's sale, lease, re al, exchange or NO transfer; and prohibiting the City of ntington Beach from legislating or regulating the pr' e or terms concerning the sale, lease, rental, change or transfer of property(for example, by the ad tion of a rent control ordinance)?" N W, THEREFORE, THE Cl Y COUNCIL of the City of Huntington Beach, California, does resole declare, determine aand order as follows: SECTION That the City Council authorizes (Councilmember Against) (Councilmember Against) (Councilmember Against) / (Councilmember Against) (Councilmember Against) members of tha/b �y, to file a written argument a nst the Measure as specified above in accordance with 4, Chapter 3, Division 9 of the ections Code of the State of California and to change the argument until and including the date i d by the City Clerk after which no arguments fo or against the Measure may be submitted to th City Clerk. Said argument to be accomp nied by the printed name(s) and signature(s) of the rson(s) submitting it, or if submitted on behalf of an organization, the name of the organizatio , and the printed name and signature of at least one of its principal officers. Reso/election/2002 written argumts-property rts 10-15-01 1 SECTION That the City Council directs the City Clerk to transmit a co of the Measure to the City Attorney, unless the organization or salaries of the Office o he City Attorney are affected. The City Attorney shall prepare an impartial analysis of he Measure showing the effect of the Measure on the existing law and the operation of t e Measure. If the Measure affects the organization or salaries of the Office of the City Attorr� y, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed y the date set by the City Clerk for the filing of primary arguments. SECTION That the City Clerk shall certify to the passag and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the Cii of Huntington Beach at a regular meeting thereof held on the day of / 2001. ayor ATTEST: APPROVED AS TO FORM: o� City Clerk G-City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: cz��' City AdYKinistrator City Clerk Reso/election/2002 written argumts-property rts 10-15-01 2 t" .iL�.. -54. _ S •. Chapter 3.Municipal Elections 9ZZO. 9220. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS exceeding 250 words.The rebuttal arguments shall be filed with the elections sented to the legislative body,the legislative body shall either adopt the ordi- officialnotliuorethan10daysafteI-thefinaldate for filingdirectaI•gUm ell tS. nance within 10 days or order an election pursuant to subdivision(b). Rebuttal arguments shall be printed in the same manner as the direct argu- (Amended by Stats.2000,c.55,§18.) ments.Each rebuttal argument shall immediately follow the direct argument 9216. Mayor may veto. which it seeks to rebut. In cities having a mayor,or like officer,with the veto power,when the (b)Subdivision(a)shall only apply if,not later than the day on which the passage of an ordinance petitioned for by the voters is vetoed,the failure of legislative body calls an election, the legislative body, by a majority vote, the legislative body to pass the ordinance over the veto shall be deemed a approves its application;in which case,subdivision(a)shall apply at the next refusal of the legislative body to pass the ordinance within the meaning of ensuing municipal election and at each municipal election thereafter,unless this article. later repealed by the legislative body in accord with this subdivision. (Added by Stats. 1994,c.920,§2.) (Added by Stats. 1994,c.920,§2.) 9217. Valid ordinance if majority. 9221. Conflicting ordinances. If a majority of the voters voting on a proposed ordinance vote in its If the provisions of two or more ordinances adopted at the same election favor,the ordinance shall become a valid and binding ordinance of the city. conflict, the ordinance receiving the highest number of affirmative votes The ordinance shall be considered as adopted upon the date that the vote is shall control. declared by the legislative body, and shall go into effect 10 days after that (Added by Stats. 1994,c.920,§2.) date.No ordinance that is either proposed by initiative petition and adopted 9222. Legislative body may submit proposed ordinance to voters. by the vote of the legislative body ofthecity Without submission to the voters, The legislative body of the city may tiulimittothevoters,withoutapeti or adopted by the voters,shall be repealed or amended except by a vote of the lion therefor,s a ive bpropod on for the repeal,amendment, t enactment of any people,unless provision is otherwise made in the original ordinance. ordinance,tobe voted upon at any succeeding regular or special city election, (Added by Stats. 1994,c.920,§2.) and if the proposition submitted receives a majority of the votes cast on it at 9218. .More than one ordinance at same election. the election; the ordinance shall be repealed, amended,or enacted accord- Any number of proposed ordinances may be voted upon at the same ingly.A proposition may be submitted,or a special election may be called for election,but the same subject matter shall not be voted upon twice within any the purpose of voting on a proposition,by ordinance or resolution. 12=mon h period at a special election under the provisions of this article. (Added by Stats. 1994,c.920,§2.) ( (Ad d by Stats. 1994,c.920,§2.) 9223. Copy of ordinance made available to voter. 9219. rguments for and against ordinance. Whenever any ordinance or measure is required by this article to be sub- _The persons filing an initiative petition pursuant to this article may file a mitted to the voters of a city at any election,the elections official of the legisla- written argument in favor of the ordinance,and the legislative body may tive body shall cause the ordinance or measure to be printed.A copy of the submit an argument against the ordinance.Neither argument shall exceed ordinance or measure shall be made available to any voter upon request. 300 words in length, and both arguments shall be printed upon the same (Added by Stats. 1994,c. 920,§2.) sheet of paper and mailed to each voter with the sample ballot for the elec- 9224. Enacting clause of ordinance. tion. The following statement shall be printed on the front cover,or if none,on The enacting clause of an ordinance submitted to the voters of a city shall the heading of the first page,of the prihted arguments: be substantially in the following form: "Arguments in support of or in opposition to the proposed laws are the "The people of the City of do ordain as follows:". opinions of the authors." (Added by Stats. 1.994,c. 920,§2.) Printed arguments submitted to voters in accordance with this section 9226. Scope of article. shall be titled either"Argument In Favor Of Measure_"or"Argument This article does not apply to any statewide initiative measure. Against Measure ," accordingly, the blank spaces being filled in only (Added by Stats. 1.994,c.920,§2.) with the letter or number,if any,which designates the measure.At the discre- tion of the elections official,the word"Proposition"may be substituted for Article 2.Referendum the word"Measure"in the titles.Words usedin the title shall not be counted 9235. Date ordinance becomes effective. when determining the length of any argument. No ordinance shall become effective until30 days from and after the date (Added by Stats. 1994,c.920,§2.) of its final passage,except: 9220. Rebuttal arguments. (a)An ordinance calling or otherwise relating to an election. (a)If the legislative body submits an argument against the ordinance,it (b) An ordinance for the immediate preservation of the public peace, shall immediately send copies of the argument to the persons filing the initia- health,or safety that contains a declaration of,and the facts constituting,its tive petition.The persons filing the initiative petition may prepare and sub- urgency and is passed by a four-fifths vote of the city council. mit a rebuttal argument not exceeding 250 words.The legislative body may (c)Ordinances relating to street improvement proceedings. prepare and submit a rebuttal to the argument in favor of the ordinance not 2001 254 253 2001 9268. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS 9268. Conduct of election and publication requirements. The conduct of election and publication requirements shall substantially conform with Part 1(commencing with Section 10000)and Part 2(commenc- ing with Section 10100)of Division 10. (Added by Stats. 1994,c.920,§2.) 9269. Resolution upon completion of canvass. Upon the completion of the canvass of votes,the governing body of a city or city and county shall pass a resolution reciting the fact of the election and such other matters as are enumerated in Section 10264.The elections official of the city or city and county shall then cause the adopted measures to be sub- mitted to the Secretary of State pursuant to Sections 34459 and 34460 of the Government Code. (Added by Stats. 1994,e.920,§2.) Article 4.Arguments Concerning City Measures 9280. City attorney to prepare impartial.analysis. Whenever any city measure qualifies for a place on the ballot,the govern- ing body may direct the city elections official to transmit a copy of the mea- sure to the city attorney,unless the organization or salaries of the office of the city attorney are affected.The city attorney shall prepare an impartial analy- sis of the measure showing the effect of the measure on the existing law and the operation of the measure.If the measure affects the organization or sala- ries of the office of the city attorney,the governing board may direct the city elections official to prepare the impartial analysis. The analysis shall be printed preceding the arguments for and against the measure.The analysis shall not exceed 500 words in length. In the event the entire text of the measure is not printed on the ballot,nor in the voter information portion of the sample ballot,there shall be printed immediately below the impartial analysis,in no less than 10-point bold type, a legend substantially as follows: "The above statement is an impartial analysis of Ordinance or Measure _.If you desire a copy of the ordinance or measure,please call the elec- tions official's office at(insert telephone number)and a copy will be mailed at no cost to you." (Added by Stats. 1994,c.920,§2.) 9281. If not otherwise provided,voters may submit arguments. If no other method is provided by general law,or,in the case of a char- tered city,by the charter or by city ordinance,arguments for and against any city measure may be submitted to the qualified voters of the city pursuant to this article.If a method is otherwise provided by general law,or,in the case of a chartered city,by charter or city ordinance,for submitting arguments as to a particular kind of city measure,that method shall control. (Added by Stats. 1994,e.920,§2.) 9282. Written arguments. The legislative body,or any member or members of the legislative body authorized by that body,or any individual voter who is eligible to vote on the measure,or bona fide association of citizens,or any combination of voters and associations,may file a written argument for or against any city measure. No argument shall exceed 300 words in length.The city elections official shall cause an argument for and an argument against the measure to be printed along with the following statement on the front cover,or if none,on the head- 2001 260 DUPLIUIEA � N C CITY OF HUNTINGTON BEACH ocm Inter-Department Communication C)�- To: MAYOR AND MEMBERS OF THE CITY COUNCIL == From: GAIL HUTTON, City Attorney y Date: OCTOBER 15, 2001 N' 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 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. 2001-79 (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 C, �- GAIL HUTTON,City Attorney cc: Ray Silver, City Administrator William Workman,Assistant City Administrator Connie Brockway, City Clerk -3 F2 .1 CITY CLERICS ORIGINAL TO: Ed Laird, Proponent FROM: Connie Brockway, City Clerk (y SUBJECT: Written Argument IN FAVOR of a proposed City Charter Amendment Re: Property Rights Protection Measure DATE: October 25, 2001 Please find enclosed copies of two resolutions, which were adopted on October 15, 2001: Resolution No. 2001-79— Calling and Giving Notice of a Special Municipal Election to be held on Tuesday, March 5, 2002; and Resolution No. 2001-81 — Setting Priorities for Filing a Written Argument Against re: a City Measure (a Proposed Initiative Petition Amendment to the City's Charter). Additionally, find enclosed a form of statement to be filed as an author of an argument in favor of Measure— Charter Amendment— Property Rights Protection Measure at the Special Municipal Election for the City of Huntington Beach, to be held on March 5, 2002. Lastly, find enclosed notice to voters of date after which no arguments for a city measure may be submitted to the City Clerk. Please note that November 16, 1999, at 5:00 p.m. is the absolute last day to submit all arguments to the City Clerk. Re: Property Rights Protection Measure "Shall the Charter of the City of Huntington Beach be YES amended by adding a new section thereto providing that only a property owner can establish the price or terms regarding NO 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)?" CB:jh enclosures cc: Vickie Talley, MHET g:election/2002/march/property rights/memo-written argument—property rights-laird.doc Proponent: Ed Laird 6562 Doral Drive Huntington Beach, CA 92648 Related: Vickie Talley 25241 Paseo de Alicia, Suite 120 Laguna Hills, CA 92653 r7-3 +- 4 SIN ' � } T �. AL� Cn'M(,lt wMftG GOLDEN STATE MOBILHOME OWNERS LEAGUE,INC. Office(714)826-4079 G Home(714)593.3763 S M GSMOL VOLUNTEER Q STEVE GLILLAGE L STATE PRESIDENT P.O. Box 876 (800)888.1727 11021 Magnolia Blvd. FAX(714)826.2401 Garden Grove,CA 92842 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 C 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)?" Reso calling election 2002 CA 10-15-01 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 five-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 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. 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) 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 6. 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/calling election 2002 CA 10-15-01 3 Res.No.2001-79 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?" 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 law 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. Reso'calling election 2002 CA 10-15-01 4 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. . . 7�'►'1 �4r.�,�fL Mayor ATTEST: APPROVED AS TO FORM: City Clerk 4�/City Attomey REVIEWED AND APPROVED: INITIATED AND APPROVED: Q City Ad istrator City Clerk Reso'calling election 2002 CA 10-15-01 5 Res.No.2001-79 Res.No.2001-79 EXHIBIT 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 terns 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; g:'election/2002/marchIcalling 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 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. g:%election/2002/m3rch/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, 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. g:/election2002%march'calling election.doc 8 Res.No.2001-79 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. (fl "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, 2-1-9, 222, and 241 respectively, of the Public Utilities Code of the State of California, as said Sections existed on January 1, 1970. "EleGtgc l Ger$omt en" "w(W)ater corporation" shall be construed to include any organization, municipality or agency engaged in the selling or supplying of atontriea power-nr water to a service user,-.howe• e-r, as SP@Gifie-dby PUbl G Utilitie 994 2 b b or reduGiag rower-from othop than n /GR;'GR inns! pen A -r seiirp-a fnr er tier of al cn 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; for-gas ser-per-ation; (r.)(b) Charges made by a gas public utility for gas used and consumed in the conduct of the business of gas public utilities; and (4)(c) .Charges for gas used iri water pumping by water corporation. 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 RESOLUTION NO. 2001-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT AGAINST A CITY MEASURE (A PROPOSED INITIATIVE PETITION AMENDMENT TO THE CITY'S CHARTER) AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF SAID MEASURE WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 5, 2002, at which there will be submitted to the voters the following measure ("Measure"); which Measure consists of a proposed initiative petition amendment to the City's Charter: 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)?" SECTION 1. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney, unless the organization or salaries of the Office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. If the Measure affects the organization or salaries of the Office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 2. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of October 2001. ��rn fj�4rc�on. Mayor ATTEST: APPROVED AS TO FORM: City Clerk I t �ity Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: /l�uG 04� City Adm6 lstrator City Clerk Resolelection/2002 written argumts-property rts 10-15-01 Res. No. 2001-81 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 C14rk of the City Council of the City of Huntington Beach, California STATEMENT TO BE FILED BY AUTHOR OF ARGUMENT IN FAVOR OF MEASURE (PROPERTY RIGHTS PROTECTION MEASURE) All arguments concerning measure filed pursuant to Division 9, Chapter 3 (beginning with § 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent and by each author, if different, of the argument: The undersigned proponent(s) or authors(s) of the primary argument in favor of ballot measure CHARTER AMENDMENT at the Special Municipal Election for the City of Huntington Beach, to be held on March 5, 2002, hereby state that the argument is true and correct to the best of their knowledge and belief. Name of Organization Sign Name Print Name Date g:election/2002/march/property rights/form of statement—in favor—laird.doc CITY OF HUNTINGTON BEACH SPECIAL MUNICIPAL ELECTION NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENTS FOR OR AGAINST CITY MEASURES MAY BE SUBMITTED TO THE CITY CLERK NOTICE IS GIVEN that the Special Municipal Election is to he held in the City of Huntington Beach on March 5; 2002, at which there will be submitted to the voters the following measures: 1. Property Rights Protection Measure "Shall the Charter of the City of Huntington Beach be YES amended by adding a new section thereto providing that only a property owner can establish the price or terms regarding NO 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)?" 2. Creation of Infrastructure Fund "Shall the Huntington Beach Charter be amended to establish YES an"Infrastructure Fund"with all infrastructure revenues raised, and accrued interest, directed into the Fund; prohibiting the NO transfer or loan of Fund 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 NO only for the maintenance, construction and repair of 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?" g:e1ection/2002/march/notice to voters of date—4 items.doc CITY OF HUNTINGTON BEACH SPECIAL MUNICIPAL ELECTION Page 2 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 NO of the City of Huntington Beach by amending the Huntington Beach Municipal Code to remove Section 3.36.080(b)and make corresponding changes to Section 3.36.010(g), be adopted?" NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, the legislative body of the City, or any member or members thereof authorized by the body, or any individual voter or bona fide association of citizens, or any combination of voters and associations, may file a written argument, not to exceed 300 words in length, accompanied by the printed names(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, for or against the City measures. NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Clerk has fixed November 16, 2001, during normal office hours, as posted, as a reasonable date prior to the election after which no arguments for or against the City measures may be submitted to the clerk for printing and distribution to the voters as provided in the Article 4. Arguments shall be submitted to the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, at the Civic Center, Huntington Beach, California. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk. NOTICE IS FURTHER GIVEN that the city council had determined that rebuttal arguments, as submitted by the authors of the opposing direct arguments, may be filed with the clerk, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or direct argument filed under the authority of the elections code will be available for public examination in the clerk's office for not less than 10-calendar days from the deadline for filing arguments. Any rebuttal argument filed under the authority of the elections code will be available for public examination in the clerk's office for not less than 10-calendar days from the deadline for filing rebuttal arguments. City Clerk Dated g:e1ection/2002/march/notice to voters of date—4 items.doc