HomeMy WebLinkAboutSpecial Election - March 5, 2002 - Resolution 2001-82 - Sets OITY OF HUNTINGTON BEA
MEETING DATE: October 15, 2001 DEPARTMENT NUMBER:CK2001-09
Council/Agency Meeting Held:
Deferred/Continued to:
A proved ❑ Conditionally Approved ❑ Denied city CI e 'S Signat re
Council M e inj%ate: 'October 15, 2001 Department ID Number CK2001-09
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION a
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS =?
SUBMITTED BY: GAIL HUTTON, City Attorney
CONNIE BROCKWAY, City Clerk C13 -
n
PREPARED BY: CONNIE BROCKWAY, City Clerk CO n
SUBJECT: Adopt Resolution No.PW/- 62- - Sets Priorities for Written
Arguments Re: City Measure— Creation of Infrastructure Fund -
Special Municipal Election March 5, 2002.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue: WRITTEN ARGUMENTS: If Council wishes to have first priority to file
arguments relative to the measure to create an Infrastructure Fund, the Council may vote to:
(1) Authorize and name Councilmembers to file argument in favor (2) Authorize and name
Councilmembers to file argument against (3) Authorize and name Councilmembers to file an
argument in favor and an argument against. (Sometimes done to allow minority of members
to file opposing arguments.)
If Councilmembers choose not to authorize its members to file written arguments, the City
Clerk will select written arguments pursuant to State Elections Code 9287.
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.
WRCA'S12001rca1ck2001-09.dot - 10/10/2001 3:35 PM
1
41 REQUEST FOR ACTION
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-09
Actions Available to Council: Motion to:
(a) Adopt Resolution No. after naming Councilmembers authorized to fife written
arguments, and to direct the preparation of an Impartial Analysis — `A Resolution of the
City Council of the City of Huntington Beach Setting Priorities for Filing a Written
Argument Regarding a City Measure (A Proposed Amendment to the City's Charter) and
Directing the City Attomey to Prepare an Impartial Analysis of Said Measure;"er
#4,kdont Res kttmion No R_i+n 4 S7_`7 as amended, to RGt giV
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Alternative Action(s): (See available actions)
Analysis: The State Elections Code provides that Council may authorize it's members (no
more than 5 Councilmembers)to file written arguments regarding city measures. This gives
first priority to the Councilmembers' argument being selected by the City Clerk if more than
one argument is filed.
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
effects of the measure on the existing law and the operation of the Measure.
Environmental Status: Not Applicable.
Attachment(s):
City Clerk's
Page Number No. Description
1. Resolution No. -.2 8 - Sets Priorities for Written Arguments
Re: City Measure— Creation of Infrastructure Fund - Special Municipal
Election March 5, 2002.
2. Election Code, Sections 9280 - 9287
RCA Author: C. Brockway, x6404
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RESOLUTION NO. 2001-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING
A CITY MEASURE (A PROPOSED 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, 2092, at which there will be submitted to the voters the following
measure ("Measure"); which Measure consists of a proposed amendment to the City's Charter:
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?"
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach, California,
does resolve, declare, determine and order as follows:
SECTION 1. That the City Council authorizes
Peter Green _..._ (Councilmember In Favor/)
Connie Boardman (Councilmember In Favor/)
Debbie Cook (Councilmember In Favor)
(Councilmember In Favor/A10=)
_Si r1 p:V Dettloff (Councilmember In Favor/AXMV=)
members of that body, to file a written argument regarding the Measure as specified above in
accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California
and to change the argument until and including the date fixed by the City Clerk after which no
arguments for or against the Measure may be submitted to the City Clerk. Said argument to
be 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.
Resolelection/2002 written argumts-infrasturucture fund
Res. Na. 2001-82
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the
Measure to the City Attorney, unless the organization or salaries of the Office of the City
Attorney are affected. The City Attorney shall prepare an impartial analysis of the Measure
showing the effect of the Measure on the existing law and the operation of the Measure. If the
Measure affects the organization or salaries of the Office of the City Attorney, the City Clerk
shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the
City Clerk for the filing of primary arguments.
SECTION 3. 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 15til day of October 200I.
Mayor
ATTEST: APPROVED AS TO FORM:
Av
City Clerk lQ-J$-al City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ad rstrator City Clerk
Reso`election/2002 written argumts—infrasturucture fund 2
Res. No. 2001-82
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 Clerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT
#2
9268. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS Chapter 3.Municipal Elections 9286•
9268. Conduct of election and publication requirements. ing of the first page,of the printed arguments:
The conduct of election and publication requirements shall substantially "Arguments in support or opposition of the.proposed laws are the opin-
conform with Part 1(commencing with Section 10000)and Part 2(commenc- ions of the authors."
ing with Section 10100)of Division 10.
(Added by Stats.1994,c.920,§2.) The city elections official shall enclose a printed copy of both arguments
with each sample ballot;provided,that only those arguments filed pursuant
9269. Resolution upon completion of canvass. to this section shall be printed and enclosed with the sample ballot. The
Upon the completion of the canvass of votes,the governing body of a city printed arguments are"officia 1 ma tter"within the meani ng of Section 13303.
or city and county shall pass a resolution reciting the fact of the election and Printed arguments submitted to voters in accordance with this section
such other matters as are enumerated in Section 10264.The elections official shall be titled either"Argument In Favor Of Measure "or"Argument
of the city or city and county shall then cause the adopted measures tobe sub- Against Measure ." accordingly, the blank spaces being filled in only
mitted to the Secretary of State pursuant to Sections 34459 and 34460 of the with the letter or number,if any,designating the measure.At the discretion
Government Code. of the elections official,the word "Proposition"may be substituted for the
(Added by Stats. 1994,c.920,§2.) word "Measure"in such titles.Words used in the title shall not be counted
Article 4.Arguments Concerning City Measures when determining the length of any argument.
(Added by Stats. 1994,c, 920,§2.)
9280. City attorney to prepare impartial analysis.
ut names.
Whenever any city measure qualifies for a place on the ballot,the govern- 9283. Argument a tshallnotbeac eptedund
A ballot argument shall not be accepted under this article unless accom-
ing body may direct the city elections official to transmit a copy of the mea- panied by the printed name and signa turcor printed names and signatu res of
sure to the city attorney,unless the organization or salaries of the office of the the person or persons submitti ng it,or,i f subm i tied on behalf of a n organira-
city attorney are affected.The city attorney shall prepare an impartiaFanaly-
sis of the measure showing the effect of the measure on the existing law and lion,the name of the organization and the printed name and signature of at
o
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 No more than five signatures shall appear with any argument submitted
elections official to prepare the impartial analysis, The analysis shall be under this article.In case any argument is signed by more than five persons,
printed preceding the arguments for and against the measure.The analysis the signatures of the first five shall be printed.
shall not exceed 500 words in length. (Amended by Stats.2000,c. 1081,§11.)
In the event the entire text of the measure is not printed on the ballot,nor 9285. Rebuttal arguments.
in the voter information portion of the sample ballot,there shall be printed (a) If any person submits an argument against a city measure,and an
immediately below the impartial analysis,in no less than 10-point bold type, argument has been filed in favor of the city measure, the elections official
a legend substantially as follows: shall immediately send copies of thatargument to the persons filing the argu-
"The above statement is an impartial analysis of Ordinance or Measure ment in favor of the city measure.The persons filing the argument in favor of
..If you desire a copy of the ordinance or measure,please call the elec- the city measure may prepare and submit a rebuttal argument not exceeding
tions official's office at(insert telephone number)and a copywill be mailed at 250 wards.The elections official shall send copies of the argument in favor of
no cost to you." the measure to the persons filing the argument against the city measure,Ah
(Added by Stats. 1994,c.920,§2,) may prepare and submit a rebuttal to the argument in favor of the city iW
9281. If not otherwise provided,voters may submit arguments. sure not exceeding 250 words.The rebuttal arguments shall be filed with the
If no other method is provided b general law,or,in the case of achar- elections official not more than 10 days after the final date for filing direct
p y arguments.Rebuttal arguments shall be printed in the same manner as the
tered city,by the charter or by city ordinance,arguments for and against any direct arguments. Each rebuttal argument shall immediately follow the
city measure may be submitted to the qualified voters of the city pursuant to direct argument it seeks to rebut.
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 (la Subdivision{a)shall only apply if,not later than the day is which the
particular kind of city measure,that method shall control. legislative body calls an election,the legislative body,adopts its provisions
(Added by Slats.city
m c.measure,
that
by majority vote,in which case subdivision(a)shall apply at the next ensu ing
928.(2. Written arguments. municipal election and at each municipal election thereafter, unless later
repealed by the legislative body in accordance with the procedures of this
The legislative body,or any member or members of the legislative body subdivision.
authorized by that body,or any individual voter who is eligible to vote on the (Added by Stats. 1994,c.920,§2.)
measure,or bona fide association of citizens,or any combination of voters 9286. Final date for arguments.
and associations,may file a written argument for or against any city measure.
No argument shall exceed 300 words in length.The city elections officialshall Based on the time reasonably necessary prepare and print the argu-
cause an argument for and an argument against the measure to be printed meats and sample ballots and to permit the 10-calendar-daygwith
Section 9 public) for t a-
alongwiththefoliowingstatementonthefronteover,or if none,on th head- par as provided in Article 6 (commencing with Section 9295) for the
particular election,the city elections official shall fix and determine areason-
2001 260 261 2001
9286. DIVISION 9.MEASURES SUBMITTED TO THE VOTERS
able date prior to the election after which no arguments for or against any city
measure may be submitted for printing and distribution to the voters,as pro-
vided in this article.Arguments may be changed or withdrawn by their pro-
ponents until and including the date fixed by the city elections official.
(Added by Stats. 1994,c.920,§2.)
9287. Elections official to select if more than one argument.
If more than one argument for or more than one argument against any
city measure is submitted to the city elections official within the time pre-
scribed,he or she shall select one of the arguments in favor and one of the
arguments against the measure for printing and distribution to the voters.In
selecting the argument the city elections official shall give preference and pri-
ority,in the order named,to the arguments of the following:
(a)The legislative body,or member or members of the legislative body
authorized by that body.
(b)The individual voter,or bona fide association of citizens,or combina-
tion of voters and associations,who are the bona fide sponsors or proponents
of the measure.
(c)Bona fide associations of cifens.
(d)Individual voters who are eligible to vote on the measure.
(Added by Stats.1994,c.920,§2.)
Article 5.Mailings
9290. One copy of official material per household.
Whenever the elections official is required to mail official matter,as pro-
vided in Sections 9219,9220,9223,9280,9281,9282,and 9285,only one copy of
each piece of official matter shall be mailed to a postal address where two or
more registered voters have the same surname and the same postal address.
This section shall only apply if the legislative body of the city adopts this
section and the election official conducting the election approves of the pro-
cedure.
(Added by Stats,1994,c. 920,§2.)
Article 6.Public Examination
9295. Public examination of arguments,ordinance and analysis.
Not less than 10 calendar days before the elections official submits the
official election materials referred to in Sections 9219,9220,9223,9280,9281,
9282, and 9285 for printing, the elections official shall make a copy of the
material available for public examination in the elections official's office.Any
person may obtain a copy of the materials from the elections official for use
outside of the election official's office.The elections official may charge n fee
to any person obtaining a copy of the material.The fee shall not exceed the
actual cost incurred by the elections official in providing the copy.
During the 10-calendar-day examination period provided by this sec-
lion,any voter of the jurisdiction in which the election is being held,or the
elections official,himself or herself,may seek a writ of mandate or an injunc-
tion requiring any or all of the materials to be amended or deleted.A peremp-
tory writ of mandate or an injunction shall be issued only upon clear and
convincing proof that the material in question is false,misleading,or incon-
sistent with the requirements of this chapter,and that issuance of the writ or
injunction will not substantially interfere with the printing or distribution of
official election materials as provided by law.The elections official shall be
2001 262
RCAI ,OUTING N
INITIATING DEPARTMENT: Office of the City Clerk
SUBJECT: adapt Res. No..200/-ER - Sets Priorities for Written
Arguments Re: City Measure - Creation of Infrastructure
Fund - Special Municipal Election
March 5, 2002
COUNCIL MEETING DATE: October 15, 2001
.. .........
RCA ATTAC H IVf E NTS STATUS:
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (wlexhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the CityAttomey) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attomey) Not Applicable
Financial Impact Statement (Unbudget, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR:MISSING ATTACHMENTS
REVIEWED RETURNED;
FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( } ( )
City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM
(Belowr . Only)
RCA Author: C. Brockway,x5404
CITY CLERIC'S ORIGINAL
TO: Peter Green, Councilmember
Connie Boardman, Councilmember
Debbie Cook, Mayor Pro Tern
Pam Julien Houehen, Mayor
Shirley Dettloff, Councilmember
FROM: Connie Brockway, City Clerk
SUBJECT: Written Argument IN FAVOR of a proposed City Charter Amendment
to Create an Infrastructure Fund
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. 2001-82 — Setting Priorities for Filing Written
Arguments re: a City Measure (a Proposed 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—Creation of Infrastructure Fund 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:
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?"
CB.jh
enclosures
g:election/2o02/marchrinfrastructure fund/memo-written argument—infrastructure-council.doc
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
conceming 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:
AdvisoKy Vote Only. Infrastructure Fund.
Power Plant Utilijy Tax YES
"Should the Utility Tax paid solely by an electric power
plant be placed into an hifrastructure 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 beheld 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 Courfs
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 Iawfully 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'cailing election 2002 CA 10-15-01 4
Res.No.2Q9ti 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.
Mayor
ATTEST: APPROVED AS TO FORM:
f
City Clerk c 4fCity-Attorney
REVIEWED AND APPROVED: IlVITIATED AND APPROVED:
City Admiffstrator City Clerk
Resalcalling 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 Wphts 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 othenvise 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='election20071march/ealling elenion.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:/t1tclionL2002/mardYca1Iing eleclion.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:/eleciion2002,`march'ealling election.doc $
Res.No.2001-79
Res.No.2001-79
EXHYB1T 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 donnestic 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 234,2244,222, and 241 respectively,
of the Public Utilities Code of the State of California, as said Sections existed on January
1, 1970. " "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 useri.however-, as sparyifie- by P,ihl:g T_14i it;, s CA&
aer en e aregeacragenb
r
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;
(G)(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)(c) -Charges for gas used in 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-officlo C erk of the
City Council of the City of
Huntington Beach, California
RESOLUTION NO. 2001-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING
A CITY MEASURE (A PROPOSED 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 amendment to the City's Charter:
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 I 5% 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?"
NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach, California,
does resolve, declare, determine and order as follows.
SECTION 1. That the City Council authorizes
Pprpr Creen (Councilmember In Favor)
Connie Boardman (Councilmember In Favor)
Debbie Cook (Councilmember In Favor)
Pam ,710-ien n0,,chPn (Councilmember In Favor/Apd=)
Rhirtay (Councilmember In FavorlAp")
members of that body, to file a written argument regarding the Measure as specified above in
accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California
and to change the argument until and including the date fixed by the City Clerk after which no
arguments for or against the Measure may be submitted to the City Clerk. Said argument to
be accompanied by the printed names) 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.
ReWc1ection;2002 w-Cinen argumts—infresturucture fund
Res. No. 2001-82
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the
Measure to the City Attorney, unless the organization or salaries of the Office of the City
Attorney are affected. The City Attomey 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 3. 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.
NAM-
Mayor
ATTEST: APPROVED AS TO FORM:
ID
City Clerk 10-18 City Attorney
REVIEWED AND APPROVED: MTIATED AND APPROVED.
(2�,,
City AdmKistrator City Clerk
Resolelectionl2002 written argumts-infraswucture Fund 2
Res. No. 20€11-82
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-offcio Clerk of the
City Council of the City of
Huntington Beach, California
STATEMENT TO BE FILED BY AUTHOR OF ARGUMENT
IN FAVOR OF MEASURE
(CREATION OF INFRASTRUCTURE FUND)
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:electionl20021marchlinfrastructure fundKorm of statement-in favor.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 besubmitted 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:electfon/2002/march/notice to voters of date—4 items.doc
0 0
CITY OF HUNTINGTON BEACH
SPECIAL MUNICIPAL ELECTION
Page 2
4.
Amendment of Utility Tax by Removiina 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 signatures) 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 names) 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 1S 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 cleric's office for not less than 10-calendar days from the deadline for filing
rebuttal arguments.
City Clerk Dated
g:elecOon/2002/march/notice to voters of date—4 items.doc