HomeMy WebLinkAboutSpecial Election - March 5, 2002 - Resolution 2001-84 - City .;ITY OF HUNTINGTON BEAD to 'MEETING DATE: October 15 2001 DEPARTMENT I U BER.0 k-lil
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ C ditionall Approved ❑ Denied •Cit le 's Signature
COufl I Meting Date: October 15, 2001 Department ID Number: CK2001-10
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
G
SUBMITTED TO: HONORABLE MAYOR AND CITY COU NCI LMEMBERS `
SUBMITTED BY: GAIL HUTTON, City Attorney
CONNIE BROCKWAY, City Clerk cis
w
PREPARED BY: CONNIE BROCKWAY, City Clerk 06 C-)
SUBJECT: Adopt Resolution No..20/- b:t - Sets Priorities for Written
Arguments Re: City Measure-Amendment of Utility Tax by Removing
Electric Power Plant Exemption from Paying Utility Tax- 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
arguments relative to the measure to amend the Huntington Beach Municipal Code to require
an electric power plant to pay the same Utility Tax as do residents and businesses in the City
of Huntington Beach, 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.
r
G:\RCA'S\2001rca\ck2001-10.dot 10/10/2001 3:35 PM
REQUEST FOR ACTION
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-10
Actions Available to Council: Motion to:
(a) Adopt Resolution No. c200/- 8 after naming Councilmembers authorized to file 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 Ordinance) and Directing the City
Attorney to Prepare an Impartial Analysis of Said Measure;" -or
, - mertded tte-not-g.ive-Goya,veil-fir-sf-priority-t,@-ffle
wfitt-err'aTgU-rn,a �t-to-d,ireeM�he-preparation-of an-im-partial-analysis;eF
hiel:t-wee a ld-resaf hi n-pri or4.tyaf
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):
NumberCity Clerk's
Page . Description
. .. . _. ..... ..........._............_.._...._..........
1. Resolution No. ,.?00/ Sets Priorities for Written Arguments
Re: City Measure—Amendment of Utility Tax by Removing Electric
Power Plant Exemption from Paying Utility Tax— Special Municipal
Election March 5, 2002.
2.
Election Code, Sections 9280 - 9287
RCA Author: C. Brockway, x5404
G:\RCA'S\2001 rca\ck2001-10.dot , 10/11/2001 11:28 AM
a.:
RESOLUTION NO. 2001-84
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 ORDINANCE) 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 ordinance:
Amendment of Utility Tax by Removing Electric Power
Plant Exemption YES
"Shall the ordinance requiring an electric power plant to
pay the same Utility Tax as do residents and businesses
of the City of Huntington Beach by amending the NO
Huntington Beach Municipal Code to remove Section
3.36.080(b) and make corresponding changes to Section
3.36.010(g),be adopted?"
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/ApakxA)
Connie Boardman (Councilmember In Favor/ fit)
Debbie Cook (Councilmember In Favor/ApM)
Pam Julien Houchen (Councilmember In Favor/APM)
Ralph Bauer (Councilmember In Favor/A§A €)
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.
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.
Rew Election/2002 written argumts-utility tax 1
Res. No. 2001-84
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.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk ity Attorney \o
,11
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator City Clerk
Reso/Election/2002 written argumts-utility tax 2
Res. No. 2001-84
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
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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-
ing with Section 10100)of Division 10. ions of the authors."
(Added by Slats. 0) c.Division
on 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"official matter"within the meaning 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 to be 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.
Whenever any city measure qualifies for a place on the ballot,the govern- 9283. Argument not accepted without names.
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- pan ied by the printed name and si};nature'or printed names and signatures of
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- the person or persons submitting it,or,i f submitted on behalf of an organiza-
sis of the measure showing the effect of the measure on the existing law and tion,the name of the organization and the printed name and signature of at
the operation of the measure.If the measure affects the organization or sala- least one of its principal officers.
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 that argument to the persons filing the argu-
"The above statement is an impartial analysis of Ordinance or Measure ment in favorof 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 copy will be mailed at 250 words.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,
(Added by Stats. 1994,c.920,§2.) may prepare and submit a rebuttal to the argument in favor of the city i
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, elections official not more than 10 days after the final date for filing direct
P Y g or,in the case of a char- 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 (b)Subdivision(a)shall only apply if,not later than the day on which the
a chartered city,by charter or city ordinance,for submitting arguments as to a
particular kind of city measure,that method shall control. legislative body calls an election,the legislative body,adopts its provisions
(Added i of c ty m c.measure,
that
by majority vote,in which case subdivision(a)shall apply at the next ensuing
municipal election and at each municipal election thereafter, unless later
9282. Written arguments. 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. Based on the time reasonably necessary to prepare and print the argu-
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 tents and provided
ball Arotsticle
and 6 permit the 10g with
it d Section 9 lic) for mina-
cause with the following statement on the front cover,or if none,on the head- lion as provided in Article 6 (commencing lfix11 Section 9295) for the
particular election,the city elections official shall fix and determine areason-
2001 260
?Fi1 onni
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 citizens.
(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 samepostal 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 a 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-
tion,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
RCAtOUTING NEET
INITIATING DEPARTMENT: Office of the City Clerk
SUBJECT: Adopt Res: No. Sets Priorities for Written
Arguments Re: City Measure -Amendment of Utility Tax by
Removing Electric Power Plant Exemption from Paying
Utility Tax- Special Municipal Election March 5, 2002
COUNCIL MEETING DATE: October 15, 2001
.......
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & 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 City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (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 RETUR NED: FORWARDED'
. .
Administrative Staff
( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial)
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Space . Only)
RCA Author: C. Brockway,x5404