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Home My WebLink AboutSpecial Election March 5, 2002 - Resolution 2001-83 - City M 4ITY OF HUNTINGTON BEA10v MEETING DATE: October 15, 2001 DEPARTMENT ID NU :CK2001-11 Council/Agency Meeting Held: [b �j —o� Deferred/Continued to: Approved Conditionally Approved ❑ Denied fit, b:P Ity CI k's Signature ounci Meeting ©ate: October 15, 2Q01 Department I Number, CK2001-11 110\ CITY OF HUNTINGTON BEACH REQUEST FOR ACTION c' SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS — �- SUBMITTED BY: GAIL HUTTON, City Attorney Cpff CONNIE BROCKWAY, City Clerk c4 PREPARED BY: CONNIE BROCKWAY, City Clerk &6 SUBJECT: Adopt Resolution No..2-Jd/4- - Sets Priorities for Written Arguments Re: City Measure -ADVISORY VOTE ONLY Placement of Utility Tax Revenue from Electric Power Plant in an 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 ADVISORY VOTE ONLY measure regarding the proposed use of revenue derived from a utility tax paid by an electric power plant, 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. G:1 -1 t 10/10/2001 3:35 PM RCA'S12001 rcalck2ool 1.do -� REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER:CK2001-11 Actions Available to Council: Motion to: (a) Adopt Resolution No. a?06/-93 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 Advisory Measure) and Directing the City Attorney to Prepare an Impartial Analysis of Said Measure;"er ( , 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. a DD/ 6�- Sets Priorities for Written Arguments Re: City Measure— ADVISORY VOTE ONLY Placement of Utility Tax Revenue from Electric Power Plant in an Infrastructure Fund — Special Municipal Election March 5, 2002 2• Election Code, Sections 9280 - 9287 RCA Author: C. Brockway, x5404 G:1RCN&2001 rca1ck2001-11.dot -3- 10/1112001 11:30 AM f '6 M t E. RESOLUTION NO. 2001-83 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 ADVISORY MEASURE) 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 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?" 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 Perer Green (Councilmember In Favor) nPhhi p Cnok _ (Councilmember In Favor) Pam Julien Houchen _ (Councilmember In Favor) Shirley Dettloff (Councilmember In Favor) Ralph Bauer _ (Councilmember In Favor/) 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. Reso/electiorv2002 written argumts-adv vote-utility tax 1 . Res. No. 2001-83 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 15th day of October: 2001. Mayor ATTEST: APPROVED AS TO FORM: City Clerk la-IS-al City Attorney \ REVIEWED AND APPROVED: INITIATED AND APPROVED: City Adm istrator City Clerk Resolelectionl2002 written argumts-adv vote-utility tax 2 Res. No. 2001-83 STATE OF CALIFORNIA J COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH } I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofl•icio 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 Feld 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 dilerk of the City Council of the City of Huntington Beach, California ....................... -3� ✓�''ai:°, r � x _.'�43� ��xxkcsr� ��.� .e?�.r _y��i^ x _ .,�� ^ti 3 9268. DIVISION 9. MEASURES SUBMITTED TO THE VOTERS Chapter 3.Municipal Elections 9286. 9269. 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 I(commencing with Section 10000)and Part 2(comment- ions of the authors." ing with Section 10100)of Division 10. (Added by Slats.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"official matter"wi thin 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 Slats.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 Slats. 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. ing body may direct the city elections official to transmit a copy of the mea- A ballot argument shall not be accepted under this article unless accom- sure to the city attorney,unless the organization or salaries of the office of the pan ied by the printed name and sign atureor printed names and signaturcti of city attorney are affected,The city attorney shall prepare an impartial analy- the person or persons submitting it,or,if submitted on behaIFo(an 0rganlra- 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 Ststs.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 theargu- "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 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 AW sure not exceeding 250 words.The rebuttal arguments shall be filed with the 9281. If not otherwise provided,voters may submit arguments. If no other method is provided b general law,or,in the case of a char- elections official not more than 10 days after the final date for filing direct F y ge 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 (a Subdivision(a)shall only apply if,not later than the day which the particular kind of city measure,that method shall control. legislative body calls an election, the legislative body,adopts its is s provisions (Added by Slats. 1994,c,920,§2.) 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 thatbody,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 9285. 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 official shall Based on the time reasonably necessary t prepare and print the argu- cause an argument for and an argument against the measure to be printed ments and sample ballots and to permit the 10-cc alendar-day public examina- alongwiththefollowingstatementonthefrontcover,or if none,on the head- loan as provided in Article b (commencing with Section 929 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 maybe submitted for printing and distribution to the voters,as pro- vided in this article.Arguments maybe 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 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 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 RCATtOUTING NEET INITIATING DEPARTMENT: Office of the City Clerk SUBJECT: Adopt Res. No.a7oq-8 - Sets Priorities for Written Arguments Re: City Measure -ADVISORY VOTE ONLY Placement of Utility Tax Revenue from Electric Power Plant in an Infrastructure Fund - Special Municipal Election March 5, 2002 COUNCIL MEETING DATE: October 15, 2001 ............................................ RICA 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 Attomey) 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 F R MISSING ATTA H REVIEWED RETURNED FORWARDED. Administrative Staff { ) ( ) Assistant City Administrator (Initial) { ) ( ) City Administrator (Initial) { ) ( ) City Cleric ................................ . ... EXPLANATION FOR'RETURN OF ITEM: (Belowp. For Only) RCA Author: C. Brockway,x5404