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Charter Amendment - Citizens Against - New Taxes - Property
RECEIVED CITY CLERK !TY OF HUHT111GT•";f ..F C' ;!IF. PROOF 'OF PUBLICATION FEB 1 10 45 ai °9� STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party - to or interested 'in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: January 27, 1994 , I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 27 , 1994 at Costa Mesa, California. Signature i PUEILIC N0�'-ICES PUB C-Noi'td�ES . Public Notice ees and 14% for public Notice of Intent safety employees. The cit' to Circulate Petition also pays, in lieu of salary`;, Notice is hereby given by a contribution on behalf of the persons whose names employees of 7% for mis- appear hereon of their in- tention to circulate the peti- tion within the City of Hun- 9%•for public safety em- tington Beach for the pur- ployees. The contract obli- pose of repealing Section gation of the city to PERS 607(b)2 of the City Charter is funded by a voter ap- which imposes a special proved indebtedness au- property tax to pay for re- thorized by the charter tirement benefits of .City employees and to amend since at least 1966. This Section 404 of the City measure would eliminate Charter to provide that the that funding source for City's, contributions toward PERS contributions and re- City employees' retirement duce, public employees' benefits not exceed the re- compensation. quired employer's contribu- First, this measure would tion and that the employ- ees' share of such contri- revoke the city's butions be paid by the City authority to levy duty and an indebt- employees and not the edness to pay the city's City. A statement of the obligations under its con- reasons of the proposed tract with PERS. The city action as contemplated in would remain liable on its the petition is as follows: contract_with the state re- During the current eco- nomic recession, many res- y idents of Huntington Beach measure would eliminate have lost their jobs and the.city's ability to meet its even. their homes, many obligations by a specific have experienced hard tax levy.Currently,that levy times with their businesses, raises about $6 million. In- while others have seen stead, •retirement obli- their salaries cut and had gallons would be shifted to their fringe benefits re- g duced or eliminated. It is the general fund, the rare to find a job in the pri- source for most municipal vate sector today where operations, including pp- the employer pays for all of lice, fire, lifeguard, para- the employee's retirement. medic, and street mainte- Yet the City of Huntington Hance services. Beach pays 100% of the Second, the measure retirement benefits for al- would preclude the city most all City employees, P and it is paid for with, a from paying the employ- special property tax which ees' share of PERS contri- is earmarked just for this butions. Employer payment purpose. Yes, a special of employee contributiorisl property tax over and to PERS is common in Cal! above the regular property ifornia and is allowed b i tax. In 1993 this special tax Y cost the property owners of the PERS law. Many years Huntington Beach over $6 ago, city employee groups, million. No other City in Or- agreed to forego a general ange County has such a salary increase in ex� tax. Why does Huntington change for city payment of Beach need this special employees' retirement con! Huntington Beach, like tributions directly,to PERS most cities, participates in The ballot measure would the California Public Em- preclude city payment of ployees Retirement System employee contributions in' known as "CALPERS."The future labor.contracts. legislation which estab- Third,the measure forbids fished and regulates n em- replacing the city paid em- ployer's ERS contemplates an em- I contribution and ployee contributions with an employee's contribution another. benefit, theL Puri to the retirement system pose of this limitation is to just like most retirement cut compensation paid to plans in the private sector. public employees (7% for However,City officials have miscellaneous employees agreed to pay both the em- ployer's contributions and and 9%for police,fire and the employee's contribu- marine safety). tions for most City employ- This measure excepts ees. Why?.•Because it is labor contracts in effect on coming out of your pocket, November 8, 1994. not theirs[ GAIL,HUTTON, City i City employees are en- Attorney --- titled to a fair, reasonable, and equitable retirement. Published Huntington They are'not, however, en- Beach-Fountain' Valley In- titled to retire on the backs dependent January 27, of the taxpayers with ex- 1994. travagant retirement, ben- 014-613 efits entirely paid for by— taxpayers. City employees. should.pay their fair share just like the rest of us] When tough economic times hit, most people and businesses are faced with making sacrifices, cutting back, and hoping they can hang on until the economy improves. Yet, the City seems to think it Is immune from the recession and re- fuses to help its residents by cutting back and reduc- ing taxes. Other than pay- ing lid service to the Issue, the City has not taken the kinds of measures that Vie. necessary during a reces- sion such as a reduction in / the numbY-r Mpld f,rimming of fringe benefti !VS The City officials have not / done what i ,'necessary, nor will they.. But this is one time we can do it for themi We do not have to j depend on the politicians time.the The bureaucrats crns this Hun- tington Beach.can bypass the politicians and bureau- crats. We can amend the City Charter to eliminate{ this special property taxi{ and put an end to.the free ride for City employ— Gs-'The proposed Charter Amendment will: (I) tower your property taxes; (i) force the City to deal with ieconomic realities ees pia) make City employ y their share towards their retirement. Dated:December 211, 1993 /S/Jim L. Banks, 505 Alabama St.; ` tington Beach,CA .+.... mber 28, oiPI6---,7 1V 4— Notice of Intent to Circulate Petition. Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Huntington Beach for the purpose of repealing Section 607 (b) 2 of the City Charter which imposes a special property tax to pay for the retirement benefits of City employees and to amend Section 404 of the City Charter to provide that the City's contributions toward City employees' retirement benefits not exceed the required employer's- contribution and that the employees' share of such contributions be paid by the City employees and not the City. A statement of the reasons of the proposed action as contemplated in the petition is as follows: During the current economic recession, many residents of Huntington Beach have lost their jobs and even their homes, many have experienced hard times with their businesses, while others have seen their salaries cut and had their fringe benefits reduced or eliminated. It is rare to find a job in the private sector today where the employer pays for all of the employee's retirement. Yet the City of Huntington Beach pays for 100% of the retirement benefits for almost all City employees, and it is paid for with a special property tax which is earmarked just for this purpose. Yes, a special property tax over and above the regular property tax. In 1993 this special tax cost the property owners of Huntington Beach over $6 million. No other City in Orange County has such a tax. Why does Huntington Beach need this special tax? t. Huntington Beach, like most cities, participates in the California Public Employees Retirement System known as "CALPERS. " The legislation which established and regulates CALPERS contemplates an employer's contribution and an employee's contribution to the retirement system just like most retirement plans in the private sector. However, City officals have agreed to pay both the employer's contributions and the employee's contributions for most City employees. Why? Because it is coming out of your pocket, not theirs! City employees are entitled to a fair, reasonable, and equitable retirement. They are not, however, entitled to retire on the backs of the taxpayers with extravagant retirement benefits entirely paid for by the taxpayers. City employees sould pay their fair share just like the rest of us! When tough economic times hit, most people and businesses are faced with making sacrifices, cutting. back, and hoping they can hang on until the economy improves. Yet, the City seems to think it is immune from the recession and refuses to help its residents by cutting back and reducing taxes. Other than paying lip service to the issue, the City has not taken the kinds of measures that are necessary during a recession such as a reduction in the number of City employees, salary reductions, and • trimming of fringe benefits. The City officals have not done what is necessary, nor will they. But this is one time we can do it for them! We do not have :..- to depend on the politicians and the bureaucrats this time. The r� voters in Huntington Beach can bypass the politicians and bureaucrats. We can amend the City Charter to eliminate this special property tax and put an end to the free ride for City employees. The proposed Charter Amendment will: (i) lower your property taxes; (ii) force the City to deal with economic realities; and (iii) make City employees pay their share towards their retirement. D ted: December,2f, 1993 im L. Banks 505 Alabama St. Huntington Beach, CA Dated: December; 1993 Marie St. Germain 505 Alabama St. Huntington Beach, CA a _ rrl c N CO c = c h1 jr A f L.0 t1 Ld.� The Proposed Charter Amendment Reads As Follows: First: Section 607 (b) 2. of the City Charter of the City of Huntington Beach is repealed, and the semicolon and the word "and" at the end of Section 607 (b) 1. are deleted and replaced with a period. This provision shall not apply to property taxes levied prior to January 1, 1995. Second: Section 404 of the City Charter of the City of Huntington Beach is amended by adding the following sentence at the end of Section 404: "The City's contributions and/or payments to the retirement system shall not exceed the required employer's contribution and shall not include any portion of the member's "Normal Contributions" as that term is defined in California Government Code Section 20027, nor shall any employee's compensation or other benefits be increased for the purpose of offsetting the elimination of the payment by the City of the employee's Normal Contributions. " This provision shall not apply to contributions required by any memorandum of understanding or any other employment contract which was in effect on November 8, 1994, but only for the remaining term of such memorandum of understanding or employment contract without regard to any modification or extension of such term made after November 8, 1994. Third: If any section, subsection, provision, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, provisions, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect. FD [...T03 CITY OF HUNTINGTON BEACH r9Lj INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Honorable Mayor and City Council FROM: Connie Brockway, City Clerk SUBJECT: CITY ATTORNEY'S BALLOT TITLE AND SUMMARY PREPARED FOR CHARTER AMENDMENT PETITION DATE: January 21, 1994 4 Attached is the Ballot Title Summary for the proposed Charter Amendment Petition. The Ballot Title and Summary was prepared by the City Attorney's Office pursuant to State Election Code. This Ballot Title and Summary is required to appear on the petition circulated by the proponents. Also required to appear on the petition is the Notice of Intent to Circulate Petition and Reasons therefore as well as the text of the proposed measure. Pursuant to State Election Code I have transmitted the Ballot Title and Summary to the proponent. Upon publication by the proponents of their Notice of Intention, Reasons, Ballot Title and Summary the circulation of the petition may commence. The proponents have 200 days to gather.the required 155%,, of si natures of registered voters. If you have any questions regarding the election// c met 5 _5404. �t cc: City Attorney City Administrator Attachments: 1. Ballot Title and Summary 2. Notice of Intent and Reasons 3. Proposed Text 1452K f , OFFICE OF tlYi7q� CITY ATTORNEY V 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 9264% GAIL MUTTON TELEPHONE City Attorney (714)5364555 FAX 714 374-1640 January 20, 1994 Jim L. Banks, Esq. Transmitted by Facsimile 601 South Figueroa Street (213) 896-0400 Los Angeles, California 90017-5704 - Dear Mr. Banks: I enjoyed our meeting on Tuesday and found merit in some of your comments and suggestions on the ballot statement and summary. Following our discussion, we revised the statement and attach it. It is about 400 words. This is an information copy; you need to get the official copy from the City Clerk. I also checked with our finance department and was advised that the PERS payments are $5.4 million in employer contributions and $4.4 million in city-paid employee contributions,total $9.8 million. The levy raises about $6.0 million, so the immediate shortfall would be about $600,000. Please feel free to call me to discuss any of this. Sincerely, Robert Sangster Deputy City Attorney Attachment: Ballot Title and Summary cc: Connie Brockway, City Clerk Robert Franz, Director of Administrative Services Dan Villella, Director of Finance Banks\01/20/94 BALLOT TITLE AND SUMMARY Jjtlg: A measure to eliminate a funding source for retirement obligations and cut public employee benefits. Summary: This measure would amend the Huntington Beach City Charter to: 1) Repeal Charter § 607(b)(2),which authorizes a tax sufficient to meet the city's obligations to the state retirement system, 2) Amend Charter § 404 to provide that city contributions to a retirement system may not include employee contributions, and 3) Amend § 404 to provide that employee compensation shall not be increased to offset the elimination of city payment of employee retirement contributions. The purpose of the proposed measure is to eliminate a funding source for retirement contributions to the State Public Employees' Retirement System(PERS) and cut public employees'compensation. (7% for miscellaneous employees and 9% for police, fire, and marine safety employees). Under current labor contracts,the city pays employer contributions to PERS in approximately 7% of salary for miscellaneous employees and 14% for public safety employees. The city also pays, in lieu of salary, a contribution on behalf of employees of 7% for miscellaneous employees and 9% for public safety employees. The contract obligation of the city to PERS is funded by a voter approved indebtedness authorized by the charter since at least 1966. This measure would eliminate that funding source for PERS contributions and reduce public employees' compensation. First,this measure would revoke the city's duty and authority to levy an indebtedness to pay the city's obligations under its contract with PERS. The city would remain liable on its contract with the state retirement system,but the measure would eliminate the city's ability to meet its obligations by a specific tax levy. Currently,that levy raises about$6 million. Instead, retirement obligations would be shifted to the general fund,the source for most municipal operations, including police, fire, lifeguard,paramedic,and street maintenance services. 1 Mal loO Second, the measure would preclude the city from paying the employees' share of PERS contributions. Employer payment of employee contributions to PERS is common in California and is allowed by the PERS law. Many years ago, city employee groups agreed to forego a general salary increase in exchange for city payment of employees' retirement contributions directly to PERS. The ballot measure would preclude city payment of employee contributions in future labor contracts. Third, the measure forbids replacing the city paid employee contributions with another benefit; the purpose of this limitation is to cut compensation paid to public employees (7% for miscellaneous employees and 9%for police, fire and marine safety). This measure excepts labor contracts in effect on November 8, 1994. /.1 GAIL HUTTON City Attorney 2 9\Ballot3 f / OFFICE OF � .� CITY ATTORNEY Y - ��`f 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 926415 GA IL HUTTON TELEPHONE City Attorney (714)5365555 FAX 71A 374-1640 January 20, 1994 Jim L. Banks, Esq. Transmitted by Facsimile 601 South Figueroa Street (213) 896-0400. Los Angeles, California 90017-5704 - Dear Mr. Banks: I enjoyed our meeting on Tuesday and found merit in some of your comments and suggestions on the ballot statement and summary. Following our discussion, we revised the statement and attach it. It is about 400 words. This is an information copy; you need to get the official copy from the City Clerk. I also checked with our finance department and was advised that the PERS payments are $5.4 million in employer contributions and$4.4 million in city-paid employee contributions,total $9.8 million. The levy raises about$6.0 million, so the immediate shortfall would be about $600,000. Please feel free to call me to discuss any of this. Sincerely, 7,_ Robert Sangster Deputy City Attorney Attachment: Ballot Title and Summary cc: Connie Brockway, City Clerk Robert Franz, Director of Administrative Services Dan Villella, Director of Finance Banks\01/20/94 RECEIVED CCITY CLERK CITIZENS AGAINST RETIREMENT TAXyoF 505 ALABAMA STREETHUHTiHr� h :_ H.CALIF. HUNTINGTON BEACHo CA 92648 (714) 960-1895 APR 19 Q 25 Pri '94 April 15, 1994 Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Proposed Charter Amendment Petition Dear Ms. Brockway: Thank you for calling to my attention the incomplete petition that was included in the Huntington Beach Tomorrow newsletter. The manner in which the petition was reproduced was not authorized by anyone connected to Citizens Against Retirement Tax. I had given Huntington Beach Tomorrow very clear instructions as to the necessity of strict compliance with the California State Elections Code. We have asked that all copies of the incomplete petition be destroyed. You can be assured that none will be submitted to your office. We appreciate the professional manner in which you handled this matter and all of the assistance which you have provided. If all public officials did their job as well as you do, we could all go about our lives without the need to keep a constant watch on our government. Sincerely, Jim L. anks Chairman, Citizens Against Retirement Tax cc: Honorable Mayor Linda Moulton-Patterson and Members of the City Council Michael Uberuaga, City Administrator Gail Hutton, City Attorney CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 13, 1994 Mr. Jim L. Banks 505 Alabama Street Huntington Beach, California 92646 Dear Mr. Banks: On April 9, 1994, 1 received, at my residence, the Huntington Beach Tomorrow newsletter containing the attached purported petition and instructions for gathering signatures on the proposed Charter amendment petition. The mailing contained an incomplete petition in that it does not comply with the California State Elections Code. Signatures gathered utilizing this mailed form may not be used to qualify the petition for the ballot. Therefore, signatures gathered in this manner will not be accepted by the city clerk. I recommend that the incomplete petitions and the signatures thereon be destroyed. Sincerely, �GCI% CONNIE BROCKWAY City Clerk CB/rjl Attachments: 1. Huntington Beach Tomorrow newsletter, dated April, 1994 2. Purported petition to amend Huntington Beach City Charter c: Dianne Easterling, Huntington Beach Tomorrow Newsletter Honorable Mayor Linda Moulton-Patterson and Members of the City Council Michael Uberuaga, City Administrator Gail Hutton, City Attorney 1 Tele phone:714-536-5227) Lii CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK April 13, 1994 Ms. Marie St. Germain 505 Alabama Street Huntington Beach, California 92646 Dear Ms. St. Germain: On April 9, 1994, 1 received, at my residence, the Huntington Beach Tomorrow newsletter containing the attached purported petition and instructions for gathering signatures on the proposed Charter amendment petition. The mailing contained an incomplete petition in that it does not comply with the California State Elections Code. Signatures gathered utilizing this mailed form may not be used to qualify the petition for the ballot. Therefore, signatures gathered in this manner will not be accepted by the city clerk. I recommend that the incomplete petitions and the signatures thereon be destroyed. Sincerely, `�ill7?�GGG CONNIE BROCKWAY City Clerk CB/rjl Attachments: 1. Huntington Beach Tomorrow newsletter, dated April, 1994 2. Purported petition to amend Huntington Beach City Charter c: Dianne Easterling, Huntington Beach Tomorrow Newsletter Honorable Mayor Linda Moulton-Patterson and Members of the City Council Michael Uberuaga, City Administrator Gail Hutton, City Attorney (Telephone:714-536-5227) OFFICE OF THE CITY CLERK CITY OF HUNTINGTON.BEACH 2000 MAIN STREET/P. O. BOX 190 HUNTINGTON. BEACH, CALIFORNIA 92648 Multifax Image Mate (714) 374-1557 ***PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE*** TO: Paul Marshall. Martin & Chapman FAX NO. 939-9870 PHONE NO. 939-9866 FROM: Connie Brockway, City Clerk NUMBER OF PAGES 4 (INCLUDING COVER PAGE) DATE SENT: 4-12-94 TIME SENT: 11:00 am AWPM OPERATOR'S NAME Connie Brockway PLEASE NOTIFY OPERATOR IMMEDIATELY IF NOT RECEIVED PROPERLY (714) 536-5227 * * * * * * * COMMENTS: Paul, I will be meeting with the City Attorney today and the proponents possibly tomorrow. At this time shall I also mention to the proponents that there is quite a bit more errors than the missing pages, as the signatures fall just below the City Attorney's Summary & I cannot envision, however the missing pages may look, that they could correct this problem. Please let me know your opinion. Thank You. Connie CHARGE FOR THIS MATERIAL: PLEASE REMIT TO THE ADDRESS ABOVE 1038K INITIATIVE PROCESS SAMPLE PETITION BALLOT TITLE: [By city attorney, 12-point type] [See Page A-12 for Comparative Type Sizes] INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: TITLE: [by city attorney]. Summary by City Attorney: [500 words or less] Text of measure: [Full wording of ordinance] Notice of Intention: [by proponents, no more than 500 words] (Charter Amendment: The wording contained in § 4085, EC] Notice: (12=point type] (See Page A-12 for Comparative Type Sizes] NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. _ Sign Name Residence Address Only For Clerks Use Only 1 Print Name 2Sign Name Residence Address Only Print Name Sign Name Residence Address Only 7 Print Name 1 Sign Name Residence Address Only Print Name DECLARATION OF CIRCULATOR (Must be in circulators handwriting) I 1, residing at ,am a registered voter of the City of ,circulated the petition and witnessed the appended signatures being written. That according to the best information and belief each signature is the genuine signature of the person whose name it purports to be. The signatures were obtained between , 19 ,and . 19 + I certify(or declare)under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. { Executed by me at ,on , 19 !!1 (Signature of Circulator) The Huntington; pmorrow Newsletter HBT 40mo. .: ow s News APRIL 1994 Keeping an eye on your city Vol. 8 No. 3 ON THE INSIDE. . . CITIZENS POLICE ACADEMY. . . 1994-95 HUNTINGTON BEACH TOMORROW BOARD OF April 15th the Bolsa Chica Land From the Huntington Beach Police DIRECTORS. . . Trust hosts a concert at the new Department: In a continuing effort to Central Library Theater,7111 Talbert. gain a closer working relationship At the recent membership meeting of Time is 6.30 pm. For additional with the citizens of Huntington Beach HBT on March 23rd, the following information please call 840-7496 for and enhance the citizens' ability to Board of Directors was elected for the tickets. utilize and understand police services, term from March 1994 thru February the HBPD will be conducting this 1995: April 16th - Flyers are enclosed on month a series of Citizen Academies. Celebration:94. This event is put on Bob Winchell President by Linda Moulton-Patterson for The first 10-week, 33-hour training Ed Kerins Vice President Supervisor office. We urge all HBT program, beginning April 27th, is Sally Graham Treasurer members to support Linda with your designed for citizens of all Mark Porter Secretary attendance. We look forward to backgrounds and occupations. HBPD seeing you there! will provide the Directors: community The Citizen's Against Retirement Tag member with an Loretta Wolfe petition is enclosed. HBT stands inside look at Dianne Easterling behind this effort to get this issue on t h e P o 1 i c e RIP!, Bob Biddle the ballot in November. Please get as Department and Nick Tomaino many signatures as you can and various aspects Carrie Thomas return to HBT, PO Bog 865, HB of law enforcement and the criminal Jill Hardy 92648 as quickly as possible. Please justice system. During this academy Bill Bernard fill out the signature block on the the students will participate in a back before sending in. Call 960- number of instructional and practical Huntington Beach Tomorrow wishes 1895 if you have any questions. exercises designed with the purpose to express our appreciation and thanks of building a better understanding to Linda Moulton-Patterson,Jim Silva Please re-mark your calendars! The between citizens and police through and Ray Littrell. Attending the HBT Fun-Raiser '94 (originally education. The goal is to make March 23rd meeting as candidates for advertised for April 30th) has been citizens more familiar with the the 2nd District Supervisor, their rescheduled to JUNE 25TH. Time operations of the HBPD and to give opening remarks and answers to and place are the same. If you have them a deeper understanding of the questions from the floor were an article to donate to the Silent problems and policies facing our received with great interest. Auction or need further information, Officers, and law enforcement in please call the HBT Hotline at 536- general. Watch the upcoming issues of 4183. HBTomorrow's News for the next Please call Lt. Gildea at 536-5932 for general membership meeting. information on upcoming academies. i i i f Page 2 YOU ARE INVITED . . . COMMENTARY. . . The Huntington Beach Anti-Crime Coalition The news for the past month or so in the City has Invites You to a dealt with PERS, spiking, and salary increases for city officials. During the March 7th City Council TOWN HALL MEETING meeting, Attorney Gail Hutton, was requested to research the legality of Council directing the ON CRIME PREVENTION Personnel Department to stop processing the spiking portion of any retirements. Days later, Hutton ' z informed the press that because of a "conflict of WHEN: T �'-- 1994, interest this task would be farmed out to a private `y > �, I firm! WHERE- T ALL d.S. WARD'S (SI BE PO$T y IQFATION) The Independent ran an article on March 24th ; indicatingthat Hutton would not reveal if she was '' CRIME IS BF�IAf�_ aLKFY •_ - R 'r��TNE NATION. one of the 140 city employees spiking their w YETI retirement pay before the practice is outlawed on June 30th. She invoked her "right of privacy" HUNTINGTON BG ITYIN NATION. refusing to say. Most of us would agree that an iU TIN elected official's right of privacy goes out the door when they take office. In this case, and in the case SHOULD w Qp CRIME? of 140 other city employees, the taxpayers are The types orprogrwosam �O1c;ry a «,� and , n�n�„p, ,rd„�,Qwlfwwn paying their salary their benefits and their "feamexe'Plary...and"""Y"`�"'have arc.�a'�Of"�other ice• But > > it takes more. We want tttore. Wb A be Sth,a maybe am/IT retirement (with or without spiking) and we do have Com join your community leaa« and experts in this the right to know who i s spiking and who i s not. fi1dand share your concerns far issues involving Business,Smion,Youth,Schods,Churches W au residents. LETS TALK SOLUTIONS... NOT JUST THE PROBLEMSI This whole problem goes back to 1966-67 when a a-9=0 WHBPocam.iyUsimTm ts3&,%M. retirement tax was voted in by three thousand +/- residents. Today, that tax rate of .04930 per $100 of your assessed property value amounts of millions of dollars each year specifically dedicated to PERS, and PERS alone! It must be noted here that each year this tax is voted on by City Council as an E Spring is here. . . and Mothers Day is item on the Consent calendar. Last year on August just around the corner. 16th, Resolution No. 6514 was adopted by all 7 City For those very special bouquets and Council members with hardly a murmur. This same balloon arrangements, call Cathy. Resolution will come before the Council to be adopted again in 1995. . . we must watch for this. CATHERINE EDMONSON An interesting comment was made at Monday (714) 843-1808 night's council meeting by William Mellow on this BALLOON CONCEPTS same subject relating to a Memorandum of Understanding (MOU) agreement. In 1991 the Weddings • Parties • Dances Council voted, again overwhelmingly, to add the Theme Parties • Holidays spiking clauses to the PERS retirement language. 18341 Oxboro Lane•Huntington Beach CA 9 92648 Page 3 The Bolsa Chica Land Tmst HUNTINGTON BEACH TOMORROW Presents cordially invites you to attend SHARE THE VISION our A Concert for the Bolsa Chica Third Annual Fun-Raiser '94 and Join the Bolsa Chica Land Trust Friday night April Dinner Theatre in Satire 15th, for a fundraising concert. The event features on the musical group MAHEHA. Maheha is a June 25th, 1994 at 6:00pm in the Masonic Hall Gabrielino Indian word meaning welcome to the Corner of Lake and Palm .Street land. These vocal artists make music with a social Downtown Huntington Beach consciousness to create a greater sensitivity to the Tickets natural environment. The group uses flutes, horns, will be $20.00 per person and a variety of woodwinds and percussion and instruments to create their unique music. As an Seating is limiter! additional treat, Jim and Sylvia Gallagher will open the show with their multi-media presentation of the Reservation forms will be sent out in the next issue sights and sounds of Bolsa Chica. Their wonderful of HBTomorrow's News presentation of the sites of Bolsa Chica set to music, will remind us all of why it is so important to save HBT DUES RENEWAL APPLICATION... this area. The concert will be held in the newly constructed Time to renew your 1994 annual dues. If the date theater at the Huntington Beach Library. The on your address label is 91, 92, or 93 - it's time to Library is located just east of Goldenwest Street pay again. The date on your label indicates the date between Slater and Ellis. The event begins at 6:30 that your dues were last paid. with hors d'oeuvres. No host beverages will also be available. Adventure 16, The Body Shop, Esprit ----------------- - Clothing Company, and Patagonia are among those who have generously donated raffle prizes. Name: Tickets are $30 per person, or $50 per couple. Checks should be made out to BCLT-Concert. The Address: theater has a limited seating capacity, so send for your tickets soon! Send your contribution to BCLT, Phone(s): 4831 Los Patos, Huntington Beach 92649. For more information call 714/840-7496. Fax. Interest: Tomorrow's News $26/yr. family membership is the monthly newsletter of Huntington Beach Tomorrow. $ 16/yr. single All articles are written or submitted by HBT members. $1 1/yr senior/student If,you would like to join HBT or submit an article to the newsletter,please mail to: CLIP AND MAIL TODAY, TO: HBT HBT P. O. Box 865, Huntington Beach, CA 92648 PO BOX 865 President Bob Winchell, 536-4183 Huntington Beach, CA 92648 Newsletter Dianne Easterling, 536-6102 THANK YOU! APRIL 1"4` SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 City Council Planning Commission 10 11 12 13 14 15 16 Linda's DRa 7pm BOLT Fundraiser 138 Concert 630 HB Mall MainLibrary 730-Ilpm 17 18 19 20 21 22 23 City Council PI Comm. Crime Prev. HBMaH 6-9 24 25 26 27 1st 28 DT Task 29 30 HBT Citizen Force6-8pm Fun-Raiser Police Acad Police Dept date now begins Bldg. June 25 CHANGE OF DATE: HBT '94 FUN-RAISER **** JUNE 25 Tomormw's News NON-PROFIT Huntington Beach Tomorrow, Inc. Newsletter U.S. POSTAGE PAID P.O. Box 865 Huntington Beach, CA Huntington Beach, CA 92648 Permit No. 509 F 3/93 Connie & Alex Brockway No. 317, 80 Huntington Street Huntington Beach, CA 92648 Tomorrow's News IS PRINTED ON RECYCLED PAPER TITLE: A MEASURE TO ELIMINATE A FUNDING SOURCE FOR RETIREMENP OBLIGATIONS AND CUT PUBLIC EMPLOYEE BENEFITS. Summary by City Attorney: This measure would amend the Huntington Beach City Charter to: 1) Repeal Charter 5607 (b) (2) , which authorizes a tax sufficient to meet the city' s obligations to the state retirement system, 2) Amend Charter 5404 to provide that city contributions to a retirement system may not include employee contributions, and 3) Amend 5404 to provide that employee compensation shall not be increased to offset the elimination of city payment of employee retirement contributions. The purpose of the proposed measure is to eliminate a funding source for retirement contributions to the State Public Employees' Retirement System (PERS) and cut public employees' compensation. (7% for miscellaneous employees and 9% for police, fire, and marine safety employees) . Under current labor contracts, the city pays employer contributions to PERS in approximately 7% of salary for miscellaneous employees and 14% for public safety employees. The city also pays, in lieu of salary, a contribution on behalf of employees of 7% for miscellaneous employees and 9% for public safety employees. The contract obligation of the city to PERS is funded by a voter approved indebtedness authorized by the charter since at least 1966 . This measure would eliminate that funding source for PERS contributions and reduce public employees' compensation. First, this measure would revoke _as city' s duty and authority to levy an indebtedness to pay the city' s obligations under its contract with PERS. The city would remain liable on its contract with the state retirement system, but the measure would eliminate the city's ability to meet its obligations by a specific tax levy. Currently, that levy raises about $6 million. Instead, retirement obligations would be shifted to the general fund, the source for most municipal operations, including police, fire, lifeguard, paramedic, and street maintenance services. Second, the measure would preclude the city from paying the employees' share of PERS contributions. Employer payment of employee contributions to PERS is common in California and is allowed by the PERS law. Many years ago, city employee groups agreed to forego a general salary increase in exchange for city payment of employees' retirement contributions directly to PERS. The ballot measure would preclude city payment of employee contributions in future labor contracts. Third, the measure forbids replacing the city paid employee contributions with another benefit; the purpose of this limitation is to cut compensation paid to public employees (7% for miscellaneous employees and 9% for police, fire and marine safety) . This measure excepts labor contracts in effect on November S, 1994 . NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. Sign Name esidence Address Only For Clerk' s Use . 1 Only Print Name II Sign Name esidence Address Only For Clerk' s Use f Only Print Name i Sign Name esidence Address Only For Clerk' s Use Print Name Sign Name esidence Address Only For Clerk' s Use Only Print Name Sign Name Residence Address Only For Clerk' s Use 5 Only Print Name i NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. S�gn Name Residence Address Only For Clerk's Use Only Print Name I Sign Name Residence Address Only For Clerk's Use 7 Only Print Name i Sign Name esidence Address only or Clerk' s Use i ,.. Print Name Sign Name Residence Address Only For Clerk' s Use 9 Only Print Name Sign Name Residence Address Only For Clerk' s Use ,o Only jPrint Name i Sign Name Residence Address Only For Clerk' s Use [ Only Print Name Sign Name Residence Address Only For Clerk' s Use Only Print Name Sign Name Residence Address Only For Clerk' s Use Print Name Sign Name Residence Address Only For Clerk' s Use ly Print Name Sign Name Residence Address Only For Clerk' s Use Only jPrint Name DECLARATION OF CIRCULATOR (Must be in circulator's handwriting) I, residing at (print name) (print address) , am a registered voter of the City of (print city) circulated the petition and witnessed the appended signatures being written. That according to the best information and belief each signature is the genuine signature of the person whose name it purports to be. The signatures were obtained between 1994, and , 1994. I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at on , (print City & State) 1994. (Signature of Circulator) P 8 571 734 Ced Mail Receipt No Insurance Coverage Provided Do not use for International Mail , s (See Reverse) Sent to Jim L. Banks Street&No. 505 Alabama St. P.O.,State&ZIP Code Huntington Beach, CA 9264 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered r" Return Receipt Showing to Whom, Date,&Address of Delivery 7 TUTAL Postage p &Fees Postmark or Date E rn a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). co 2.If you do not want this receipt postmarked,stick the gummed stub to the right of the return ffi address of the article,date,detach and retain the receipt,and mail the article. 0 3.If you want a return receipt,write the certified mail number and your name and address on a r return receipt card,Form 3811,and attach it to the front of the article by means of the gummed y ends if space permits.Otherwise,affix to the back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. -� 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, p endorse RESTRICTED DELIVERY on the front of the article. M 5.Enter fees for the services requested in the appropriate spaces on the front of this receipt.If t - retum receipt is requested,check the applicable blocks in item 1 of Form 3811. tQ r) 6.Save this receipt and present it if you make inquiry. *U.S.G.P.O.1990-270.153 a_ P 88 ' 571 733 ' Certk—ad anc Mail Receipt No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sent to Marie St. Germain Street&No. 505 Alabama St. P.O.,State&ZIP Code Huntington Beach, CA 92646 Postage Certified free Special Delivery Fee Restricted Delivery Fee o Return Receipt Showing p� to Whom&Date Delivered Return Receipt Showing to Whom, c Date,&Address of Delivery TOTAL Postage p &Fees co Postmark or Date M E O LL f4 — - d STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, freturn ERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). If you want this receipt postmarked,stick the gummed stub to the right of the return address aving the receipt attached and present the article at a post office service window or hand ft tour rural carrier(no extra charge).If you do not want this receipt postmarked,stick the gummed stub to the right of the returndress of the article,date,detach and retain the receipt,and mail the article. 20 If you want a return receipt,write the certified mail number and your name and address on a r receipt card,Form 3811,and attach it to the front of the article by means of the gummed m ends if space permits.Otherwise,affix to the back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. —� 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, O endorse RESTRICTED DELIVERY on the front of the article. 00 M 5.Enter fees for the services requested in the appropriate spaces on the front of this receipt.If •E return receipt is requested,check the applicable blocks in item 1 of Form 3811. e 07 6.Save this receipt and present it if you make inquiry. *tkS.G.P.O.1990.270.153 G. • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will provide ou the name of the erson delivered to and the date of delivery.For additionaltees the following services ere evai a e. onsu t postmaster ro-rTe-e-a—s-na c ec c DOXIeSI for additional servicelsl requested. 1. ❑ Show to whom delivered, date,arid addressee's address. 2. ❑ Restricted Delivery (Extm charge) (Extra charge) 3. Article Addressed to: 4. Article Number Jim L. Banks P 885 571 734 505 Alabama St. Type of Service: Huntington Beach, CA 92646 ❑ Registered ❑ Insured .00c"artified ❑��COD ��pp A ❑ Express Mail 1rP'for Merchang. J/�K. • Always obtain signature of addressee IV '"'o ,0 or agent and DATE DELIVERED. 5. Signature —Address 8. Addressee's Address (ONLY if X requested and fee paid) 6. Signature —Agent X 7. Date of Delivery PS Form 3811,Mar. 1988 * U.S.QP.d. 1988-212-865 DOMESTIC RETURN RECEIPT -:,..I .L -, ..!*. & -7-.C: 4 . tom. '. * --- % v UNITED STATES POSTAL SERVICE 1:Z OFFICIAL BUSINESS P M SENDER INSTRUCTIONS 1, A INSTRUCTIONS Print your name,address and ZIP Code the space below. • Complete hems 1.2.3.and 4 an reverse. LLS-MAIL • Attach to front of article If space -EMMMMEO permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RE' Print Sender's name,address,and ZIP Code in the space below. Connie Brockway, City Clerk City of Huntington Beach P. 0. Box 19.0 - 2000 Main Street Huntington Beach, CA 92648 III I I I I I I I I Ill MI I Jll I I Ill I I I M I it I I!Ill!11111!111111!d!It • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delivery.For additionaltees the following services are avai a e. onsu t postmaster or ees an c ec c box(es)for additional service(s) requested. 1. ❑ Show to whom delivered,date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Marie St. Germain P 885 571 733 505 Alabama St. Type of Service: Huntington Beach, CA 92646 Registered ❑ Insured Certified ❑ COD ❑ Express Mail Return Receipt for Marchand' Always obtain signature of addressee or agent and DATE DELIVERED. 5.Ature Addiress 8. Addressee's Address (ONLY if X ,�aff requested and fee paid) 6. Signature— gent X 7. Date of Delivery PS Form 3811, Mar. 1988 + U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVIC kP E � +— OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and 21P Code In the space below. • Complete hems 1,2,3,and-4 on the easseasses reverse. • Attaeh to front of article H apace permits, otherwise 0fix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RE'. Print Sender's name,address,and ZIP Code in the space below. TV Connie Brockway, City Clerk City of Huntington Beach P. 0. Box 190 - 2000 Main Street Huntington Mach, CA CA( 92j648}] j I1111MIIII III III!dI!1'111'.1 IIAllIIIIIII!A1111111iSiitill CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk SUBJECT: CHARTER AMENDMENT PETITION CURRENTLY BEING CIRCULATED IN CITY DATE: April 12, 1994 On April 9, 1994, I received the attached Huntington Beach Newsletter together with an enclosure of a document pertaining to the proposed Charter Amendment. As the enclosed document does not comply with charter amendment provisions of the Elections Code of the State of California,I called the Office of the Secretary of State and requested advice relative to the manner in which I should provide this information to the proponents. The Secretary of State Elections Attorney advised that circulation of a petition in this manner is not permissible and that this document does not constitute a petition. He further advised me to meet with you on this matter. Please telephone me at ext.5404, and advise me of a time that we can meet. Thank you. CB/tr The Huntington W W.-I`omorrow Newsletter HBT4 m 0;. W s ews APRIL 1994 Keeping an eye on your city Vol. 8 No. 3 ON THE INSIDE. . . CITIZENS POLICE ACADEMY. . . 1994-95 HUNTINGTON BEACH TOMORROW BOARD OF April 15th the Bolsa Chica Land From the Huntington Beach Police DIRECTORS. . . Tmst hosts a concert at the new Department: In a continuing effort to Central Library Theater,7111 Talbert gain a closer working relationship At the recent membership meeting of Time is 6:30 pm. For additional with the citizens of Huntington Beach HBT on March 23rd, the following information please call 840-7496 for and enhance the citizens' ability to Board of Directors was elected for the tickets. utilize and understand police services, term from March 1994 thru February the HBPD will be conducting this 1995: April 16th - Flyers are enclosed on month a series of Citizen Academies. Celebration:94. This event is put on Bob Winchell President by Linda Moulton-Patterson for The first 10-week, 33-hour training Ed Kerins Vice President Supervisor office. We urge all HBT program, beginning April 27th, is Sally Graham Treasurer members to support Linda with your designed for citizens of all Mark Porter Secretary attendance. We look forward to backgrounds and occupations. HBPD seeing you there! will provide the Directors: community The Citizen's Against Retirement Tax member with an Loretta Wolfe petition is enclosed. HBT stands inside look at Dianne Easterling behind this effort to get this issue on t h e P o 1 i c e Bob Biddle the ballot in November. Please get as Department and Nick Tomaino many signatures as you can and various aspects Carrie Thomas retum to HBT, PO Box 865, HB of law enforcement and the criminal Jill Hardy 92648 as quickly as possible. Please justice system. During this academy Bill Bemard fill out the signature block on the the students will participate in a back before sending in. Call 960- number of instructional and practical Huntington Beach Tomorrow wishes 1895 if you have any questions. exercises designed with the purpose to express our appreciation and thanks of building a better understanding to Linda Moulton-Patterson,Jim Silva Please m-mark your calendars! The between citizens and police through and Ray Littrell. Attending the HBT Fun-Raiser '94 (originally education. The goal is to make March 23rd meeting as candidates for advertised for April 30th) has been citizens more familiar with the the 2nd District Supervisor, their rescheduled to JUNE 25TH. Time operations of the HBPD and to give opening remarks and answers to and place are the same. if you have them a deeper understanding of the questions from the floor were an article to donate to the Silent problems and policies facing our received with great interest. Auction or need further information, Officers, and law enforcement in please call the HBT Hotline at 536- general. Watch the upcoming issues of 4183. HBTomorrow's News for the next Please call Lt. Gildea at 536-5932 for general membership meeting. information on upcoming academies. TIT41m: A MEASURE TO ELIMINATE A FUNDING SOURCE FOR RETIREMEN'P OBLIGATIONS AND CUT PUBLIC EMPLOYEE BENEFITS. Summary by City Attorney: This measure would amend the Huntington Beach City Charter to: 1) Repeal Charter 5607 (b) (2) , which authorizes a tax sufficient to meet the city' s obligations to the state retirement system, 2) Amend Charter 5404 to provide that city contributions to a retirement system may not include employee contributions, and 3) Amend 5404 to provide that employee compensation shall not be increased to offset the elimination of city payment of employee retirement contributions. The purpose of the proposed measure is to eliminate a funding source for retirement contributions to the State Public Employees' Retirement System (PERS)- and cut public employees' compensation. (7% for miscellaneous employees and 9% for police, fire, and marine safety employees) . Under current labor contracts, the city pays employer contributions to PERS in approximately 7% of salary for miscellaneous employees and 14% for public safety employees. The city also pays, in lieu of salary,, a contribution on behalf of employees of 7% for miscellaneous employees and 9% for public safety employees. The contract obligation of the city to PERS is funded by a voter approved indebtedness authorized by the charter since at least 1966 . This measure would eliminate that funding source for PERS contributions and reduce public employees' compensation. First, this measure would revoke ae city' s duty and authority to levy an indebtedness to pay the city' s obligations under its contract with PERS. The city would remain liable on its contract with the state retirement system, but the measure would eliminate the city' s ability to meet its obligations by a specific tax levy. Currently, that levy raises about $6 million. Instead, retirement obligations would be shifted to the general fund, the source for most municipal operations, including police, fire, lifeguard, paramedic, and street maintenance services. Second, the measure would preclude the city from paying the employees' share of PERS contributions. Employer payment of employee contributions to PERS is common in California and is allowed by. the PERS law. Many years ago, city employee groups agreed to forego a general salary increase in exchange for city payment of employees' retirement contributions directly to PERS. The ballot measure would preclude city payment of employee contributions in future labor contracts. Third, the measure forbids replacing the city paid employee contributions with another benefit; the purpose of this limitation is to cut compensation paid to public employees (7% for miscellaneous employees and 9% for police, fire and marine safety) . This measure excepts labor contracts in effect on November 8, 1994. NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. Sign Name Residence Address Only For Clerk' s Use _1 Only Print Name Sign. Name Residence Address Only For Clerk' s Use 2Only I Print Name i Sign -Name esidence--Address-•Only or-Clerk' a Use Print Name Sign Name Residence Address Only For Clerk' s Use 4 Only Print Name Sign Name Residence Address Only For Clerk' s Use Only Print Name i NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. Sign Name esidence Address Only For Clerk's Use 6only Print Name Sign Name esidence Address Only or Clerk's Use 7 Only Print Name Sign Name esidence Address Only For Clerk' s Use i 8 ' Print Name Sign Name Residence Address Only For Clerk' s Use 9 Only Print Name Sign Name Residence Address Only For Clerk' s Use 10 Only iPrint Name Sign Name Residence Address Only For Clerk's Use Only Print Name Sign Name Residence Address Only For Clerk' s Use Only Print Name Sign Name Residence Address Only For Clerk' s Use rM i Ar Print Name Sign Name Residence Address Only For Clerk' s Use ly Print Name Sign Name Residence Address Only or Clerk' s Use ly iPrint Name DECLARATION OF CIRCULATOR (Must be in circulator's handwriting) I, residing at (print name) (print address) am a registered voter of the City of circulated the petition and witnessed (print city) the appended signatures being written. That according to the best information and belief each signature is the genuine signature of the person whose name it purports to be. The signatures were obtained between. , 1994, and , 1994. I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at , on (print City & State) 1994. (Signature of Circulator) CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk SUBJECT: CHARTER AMENDMENT PETITION CURRENTLY BEING CIRCULATED IN CITY DATE: April 12, 1994 On April 9, 1994,I received the attached Huntington Beach Newsletter together with an enclosure of a document pertaining to the proposed Charter Amendment. As the enclosed document does not comply with charter amendment provisions of the Elections Code of the State of California, I called the Office of the Secretary of State and requested advice relative to the manner in which I should provide this information to the proponents. The Secretary of State Elections Attorney advised that circulation of a petition in this manner is not permissible and that this document does not constitute a petition. He further advised me to meet with you on this matter. Please telephone me at ext. 5404, and advise me of a time that we can meet. Thank you. CB/tr S L/0 $S, I ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 21, 1994 Mr. Jim L. Banks 505 Alabama Street Huntington Beach, CA 92648 Dear Mr. Banks: Pursuant to State Elections Code S. 4002.5(b), I am furnishing you with a copy of the Ballot Title and Summary prepared by the City Attorney relative to the proposed Measure you submitted December 28, 1993, with your Notice of Intent to Circulate Petition. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosure RECEIVED BY: ON (Telephone:714-536-5227) L- G BALLOT TITLE AND SUMMARY N c, Title: A measure to eliminate a funding source for retirement obligations and cut public Ln employee benefits. ? i o f'" LO T Ste: This measure would amend the Huntington Beach City Charter to: 1) Repeal Charter § 607(b)(2), which authorizes a tax sufficient to meet the city's obligations to the state retirement system, 2) Amend Charter § 404 to provide that city contributions to a retirement system may not include employee contributions, and 3) Amend § 404 to provide that employee compensation shall not be increased to offset the elimination of city payment of employee retirement contributions. The purpose of the proposed measure is to eliminate a funding source for retirement contributions to the State Public Employees' Retirement System (PERS) and cut public employees' compensation. (7% for miscellaneous employees and 9% for police, fire, and marine safety employees). Under current labor contracts, the city pays employer contributions to PERS in approximately 7% of salary for miscellaneous employees and 14% for public safety employees. The city also pays, in lieu of salary, a contribution on behalf of employees of 7% for miscellaneous employees and 9% for public safety employees. The contract obligation of the city to PERS is funded by a voter approved indebtedness authorized by the charter since at least 1966. This measure would eliminate that funding source for PERS contributions and reduce public employees' compensation. First, this measure would revoke the city's duty and authority to levy an indebtedness to pay the city's obligations under its contract with PERS. The city would remain liable on its contract with the state retirement system, but the measure would eliminate the city's ability to meet its obligations by a specific tax levy. Currently, that levy raises about $6 million. Instead, retirement obligations would be shifted to the general fund,the source for most municipal operations, including police, fire, lifeguard, paramedic, and street maintenance services. 1 9\BalloG Second, the measure would preclude the city from paying the employees' share of PERS contributions. Employer payment of employee contributions to PERS is common in California and is allowed by the PERS law. Many years ago, city employee groups agreed to forego a general salary increase in exchange for city payment of employees' retirement contributions directly to PERS. The ballot measure would preclude city payment of employee contributions in future labor contracts. ' Third, the measure forbids replacing the city paid employee contributions with another benefit; the purpose of this limitation is to cut compensation paid to public employees (7% for miscellaneous employees and 9% for police, fire and marine safety). This measure excepts labor contracts in effect on November 8, 1994. GAIL 14UTTON City Attorney 2 9\Ballot3 oez6 tNA L in CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH r TO: Honorable Mayor and City Councilmembers FROM: Connie Brockway, City Clerk SUBJECT: NOTICE OF INTENT TO CIRCULATE PETITION TO AMEND CITY CHARTER' (REPEAL So 607(b)2 AND AMEND S. 404) DATE: January 3, 1994 For the information of the City Council , I am transmitting a copy of my memorandum. to the City Attorney which forwarded, pursuant to State Elections Code 4002.5,. a Request for Ballot Title and Summary relative to a Notice of Intent. to Circulate Petition to Amend the City Charter. CB:jh Enclosure cc: Gail . Hutton, City Attorney Michael Uberuaga, City Administrator �.j CITY OF HUNTINGTON BEACH �• INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk SUBJECT: REQUEST FOR BALLOT TITLE AND SUMMARY- CHARTER AMENDMENT - SUBMITTED BY MR. JIM BANKS ON DECEMBER 28, 1993 DATE: December 29, 1993 I am transmitting the Sections of the Election Code (1993)under which the Ballot Title and Summary is requested of your office to prepare. The request for Ballot Title and Summary was prepared by Mr. Jim Banks on December 28, 1993, and transmitted to your office on December 28, 1993. Pursuant to Elections Code 4002.5,the City Attorney has fifteen(15) days (due January 12, 1994)to prepare the Ballot Title and Summary and return to the City Clerks's Office. I will then transmit same to Mr. Banks. Please call me so we can discuss further sections of the State Election Code in this matter. Thank you very much. CB:jh Enclosures /�p O � REQUEST FOR BALLOT TITLE AND SUMMARY Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Brockway: Pursuant to California Elections Code Sections 4081 and 4002.5, I hereby request that a ballot title and summary be prepared for the attached proposed amendment to the City Charter of the City of Huntington Beach. S ncerely Dated: December )-i; 1993 im L. Banks J505 Alabama Street Huntington Beach, CA 92648 r = M c11 CO n� r,r W � m_ s �C n w r w 1 Chapter 3.Municipal Elections 4080. during normal office hours as posted.If such petitions are not filed within the time _ permitted by this section,the same shall be void for all purposes. (Amended by Stats.1987,c.993,§5.) 4057. Election regulations. Elections,pursuant to this article,shall be held in accordance with the provisions of Sections 4013 to 4020,inclusive. (Added by Stats.1976,c.248,§3.) 1 4058. Mayor may veto. Whenever the legislative body of a city has voted in favor of the repeal of an } ordinance protested against by the voters,as provided in this article,and the mayor, or like officer,has vetoed the repeal,the failure of the legislative body to pass the i repeal over the veto shall be deemed a refusal to repeal the ordinance. (Added by Stats.1976,c.248,§3.) 4059. Date of approval. - If approval of an ordinance by the mayor or like officer is necessary,the date of approval shall be deemed the date of its final passage by the legislative body within7. the meaning of this article. - - If an ordinance becomes law when the time for approval or veto has expired and no action has been taken,the date of the expiration of that time shall be deemed the :.� date of its final passage by the legislative body within the meaning of this article. (Added by Stats.1976,c.248,§3.) 4060. Duty imposed upon the legislative body is likewise imposed upon any officer having any duty to perform. Any duty imposed in this chapter upon the legislative body of a city in regard to calling a municipal election,or in connection with an election called pursuant to this chapter,is likewise imposed upon any officer having any duty to perform connected with the election,so far as may be necessary to carry out the provisions of this chapter. (Added by Stats.1976,c.248,§3.) j 4061. Application of chapter. Article 1 (commencing with Section 4000) and Article 2 (commencing with I Section 4050)of this chapter do not apply to cities having a charter adopted under the provisions of Section 3 of Article XI of the Constitution,and having in such charter any provision for the direct initiation of ordinances by the voters;nor to j proceedings had for the improvement of streets in or rights-of-way owned by cities, . the opening or closing of streets,the changing of grades or the doing of other work, the cost of which or any portion of which is to be borne by special assessments upon real property. (Amended by Stats.1979,c.667,§15.) Article 3.City or City and County Charters 4080. City or City and County Charter proposals submitted to voters. (a)The following city or city and county charter proposals shall be submitted to the voters at either a special election called for that purpose, at any established municipal election date,or at any established election date pursuant to Section 2500, provided that there are at least 88 days before the election: (1) A charter proposed by a charter commission, whether elected or ap- pointed by a governing body. A charter commission may also submit a charter pursuant to Section 34455 of the Government Code. 113 1994 4080. DIVISION 5.MEASURES SUBMITTED TO THE VOTERS (2)An amendment or repeal of a charter proposed by the governing body of a city or a city and county on its own motion. . .� (3)An amendment or repeal of a city charter proposed by a petition signed by 15 percent of the registered voters of the city. (4) An amendment or repeal of a city and county charter proposed by a petition signed by 10 percent of the registered voters of the city and county. (5)A recodification of the charter proposed by the governing body on its own motion, provided that the recodification does not, in any manner, substantially J. change the provisions of the charter. (b)Charter proposals by the governing body and charter proposals by petition of the voters may be submitted at the same election. (c)The total number of registered voters of the city or city and county shall be determined according to the county clerk's last official report of registration to the Secretary of State. (Added by Stats.1988,c.357,§3.) 4081. Notice of intent to circulate petition;affidavit of publication. The proponents of a measure proposing to amend a charter shall publish or post, - or both,a notice of intent to circulate the petition in the same form and manner as _ prescribed in Sections 4002,4002.5,4002.7,and 4003.The proponents shall also file an affidavit prescribed in Section 4004 with the clerk of the legislative body of the - - city,and,with respect to the petition,shall be subject to the requirements contained in Section 4005. (Amended by Stats. 1988,c.357,§3.5.) 4082. Petition to contain full text. The petition signed by registered voters of the city or city and county proposing an amendment to a charter shall set forth in full the text of the proposed amendment in no less than 10-point type. = (Amended by Stats.1988,c.357,§4.) 4083. Each section to contain correct copy of text. The petition may be circulated in sections but each section shall contain a correct copy of the text of the proposed amendment. (Amended by Stats.1981,c. 136,§3.) j 4084. Requirements of signing. Each signer of the petition shall sign it in the manner prescribed by Section 3516. (Amended by Stats. 1981,c. 136,§4.) - - 4085. Form of petition. The petition shall be in substantially the following form: Petition for Submission to Voters of Proposed Amendment to the Charter of the City(or City and County)of To the city council(or other legislative body)of the City(or City and County)of We,the undersigned,registered and qualified voters of the State of California, residents of the City(or City and County)of ,pursuant to Section 3 of Article XI of the California Constitution and Chapter 2(commencing with Section 34450)of Part 1 of Division 2 of Title 4 of the Government Code,present to the city council(or other legislative body)of the city(or city and county)this petition and request that the following proposed amendment to the charter of the city(or city I and county)be submitted to the registered and qualified voters of the city(or city 1994 114 Chapter 3.Municipal Elections 4093. and county)for their adoption or rejection at an election on a date to be determined by the city council(or other legislative body). I ! The proposed charter amendment reads as follows: First.(setting forth the text of the amendment) (etc.) Signature Printed Name Residence Date (Amended by Stats. 1988,c.357,§5.) 4086. Affidavit of circulator attached to each section. Each section shall have attached thereto the affidavit of the person soliciting the signatures. This affidavit shall be substantially in the same form as set forth in - - - Section 3519 and shall comply with Sections 44 and 4007. (Amended by Stats. 1988,c.357,§6.) 4087. Petition sheet size and color. i Each petition section shall consist of sheets of white paper uniform in size with dimensions no smaller than 81/2 by 11 inches or greater than 81/2 by 14 inches. 1 (Added by Stats.1981,c.136,§7.) i 4088. Petition section sheets fastened together. j The sheets comprising each petition section shall be fastened together securely and remain so during circulation and filing. r (Added by Stats.1981,c.136,§8.) 4089. Voter may withdraw name from petition. A voter may withdraw his or her signature from a petition in the manner prescribed in Section 5352. (Added by Stats.1981,c.136,§9.) 4090. Time and method of filing petition. The petition shall be filed with the clerk by the proponents,or by any person or persons authorized in writing by the proponents.All sections of the petition shall be filed at one time and no petition section submitted subsequently shall be accepted by the clerk. The petition shall be filed not more than 200 days after the date on which the notice of intent to circulate was published or posted,or both. (Added by Stats.1981,c.136,§10.) 4091. Examination of petition. After the petition has been filed,the clerk shall examine the petition in the same _ - manner as are county petitions in accordance with Sections 3707 and 3708,except that,for the purposes of this section,references in those sections to the board of supervisors shall be treated as references to the legislative body of the city or city and county.The expenses of signature verification shall be provided by the gov- eming body receiving the petition from the clerk. (Added by Stats.1981,c. 136,§11.) 4093. Petitions not accepted. Petitions which do not substantially conform to the form requirements of this article shall not be accepted for filing by the clerk. (Added by Stats.1981,c.136,§13.) 115 1994 4094. DIVISION 5.MEASURES SUBMITTED TO THE VOTERS 4094. Conduct of election and publication requirements. The conduct of election and publication requirements shall substantially con- form with Division 14(commencing with Section 22000). (Added by Stats.1988,c.357,§7.) 4095. 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 22933.The clerk of the city or city and county : shall then cause the adopted measures to be submitted to the Secretary of State pursuant to Sections 34459 and 34460 of the Government Code. (Added by Stats. 1988,c.357,§8.) ! Article 4.Arguments Concerning City Measures 5010. "City measure"definition. As used in this article,"city measure"includes any proposed city charter,any _ proposed amendment to a city charter,any proposition for the issuance of bonds by the city,any advisory question,or any other question or proposition submitted - to the voters of a city. (Amended by Stats.1976,c.916,§2.) 5011. City attorney to prepare impartial analysis. Whenever any city measure qualifies for a place on the ballot,the governing - body may direct 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 governing board may direct the city clerk 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 substan- tially 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 l elections officials office at(insert telephone number)and a copy will be mailed at no cost to you." (Amended by Stats.1988,c.420,§3.) I - 5012. If not otherwise provided,voters may submit arguments. If there is no other method provided by general law,or,in the case of a chartered 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.1976,c.248,§3.) 5013. Written arguments. ! The legislative body,or any member or members of the legislative body author- ized 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 1994 116 Chapter 3.Municipal Elections 5014.5. exceed 300 words in length. The city clerk 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 heading of the first page,of the printed arguments: "Arguments in support or opposition of the proposed laws are the opinions of the authors." The city clerk shall enclose a printed copy of both arguments with each sample ballot;provided,that only those arguments filed pursuant to this section shall be jprinted and enclosed with the sample ballot.The printed arguments are"official matter"within the meaning of those words used in Section 10010. Printed arguments submitted to voters in accordance with this section shall be i titled either"Argument In Favor Of Measure "or"Argument Against Measure :'accordingly,the blank spaces being filled in only with the _: letter or number,if any,which designates the measure.At the discretion of the clerk, - `, the word"Proposition"may be substituted for the word"Measure"in such titles. Words used in the title shall not be counted when determining the length of any argument. - (Amended by Stats.1983,c.812,§6.5.) _ - :" 5014. Argument not accepted without names. - A ballot argument shall not be accepted under this article unless accompanied by the name or names of the person or persons submitting it,or,if submitted on behalf of an organization,the name of the organization and the name of at least one of its principal officers. No more than five signatures shall appear with any argument submitted under this article.In case any argument is signed by more than five persons the signatures of the first five shall be printed. (Added by Stats.1976,c.248,§3.) 5014.1. Consent or person named. ► A ballot argument or,if applicable,a rebuttal argument which includes in its text the name or title of a person,other than the author of the argument,who is represented as being for or against a measure, shall not be accepted unless the argument is accompanied by a signed consent of that person. The consent of a person, other than an individual, shall be signed by an officer or other duly i authorized representative."Person"as used in this section means any individual, partnership,corporation,association,committee,labor organization,and any other organization or group of persons. (Amended by Stats.1989,c.983,§9.) : 5014.5. Rebuttal-arguments. (a)If any person submits an argument against a city measure,and an argument has been filed in favor of the city measure,the clerk shall immediately send copies of that argument to the persons filing the argument in favor of the city measure. The persons filing the argument in favor of the city measure may prepare and submit a rebuttal argument not exceeding 250 words.The clerk shall send copies of the argument in favor of the measure to the persons filing the argument against the city measure,who may prepare and submit a rebuttal to the argument in favor } of the city measure not exceeding 250 words.The rebuttal arguments shall be filed with the clerk not more than 10 days after the final date for filing direct arguments. i Rebuttal arguments shall be printed in the same manner as the direct arguments. j Each rebuttal argument shall immediately follow the direct argument which it seeks fto rebut. (b)The provisions of subdivision(a)shall only apply if,not later than the day on which the legislative body calls an election,the legislative body,by a majority 117 1994 5014.5. DIVISION 5.MEASURES SUBMITTED TO THE VOTERS vote,adopts its provisions; in which case,the provisions of subdivision(a)shall apply at the next ensuing municipal election and at each municipal election there- after,unless later repealed by the legislative body in accord with the procedures of this subdivision. (Added by Stats.1977,c. 701,§2.) 5015. Final date for arguments. Based on the time reasonably necessary to prepare and print the arguments and sample ballots and to permit the 10-calendar-day public examination as provided in Article 6(commencing with Section 5025)for the particular election,the city clerk shall fix and determine a reasonable 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 provided in this article.Arguments may be changed or withdrawn by their proponents until and including the date fixed by the city clerk. (Amended by Stats. 1981,c.1114,§10.) 5016. Clerk 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 clerk within the time prescribed,the city clerk 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 clerk shall give preference and priority in the order named to the arguments of the 1 following: (a)The legislative body,or member or members of the legislative body author- ized by that body. (b)The individual voter or bona fide association of citizens,or combination of - voters and associations, who are the bona fide sponsors or proponents of the j measure. -- (c)Bona fide associations of citizens. (d)Individual voters who are eligible to vote on the measure. (Amended by Stats.1983,c.812,§7.) Article S.Mailings 5020. One copy of official material per household. i Whenever the clerk is required to mail official matter,as provided in Sections 4015,4015.5,4018,5011,5012,5013,and 5014.5,only one copy of each such official matter shall be mailed to a postal address where two or more registered voters have the same surname and the same postal address. The provisions of this section shall only apply if the legislative body of the city adopts the provisions of this section and the election official conducting the election approves of the procedure. (Added by Stats.1978,c.1279,§2.) Article 6.Public Examination 5025. Public examination of arguments,ordinance and analysis. Not less than 10 calendar days before the clerk submits the official election materials referred to in Sections 4015,4015.5,4018,5011,5012,5013,and 5014.5 for printing,the clerk shall make a copy of the material available for public examination in the clerk's office.Any person may obtain a copy of the materials from the clerk for use outside of the clerk's office. The clerk may charge a fee to any person obtaining a copy of the material.The fee shall not exceed the actual cost incurred by the clerk in providing the copy. During the 10-calendar-day examination period provided by this section,any voter of the jurisdiction in which the election is being held,or the clerk,himself or j 1994 118 W. Chapter 4.District Elections 5152.1. _ herself, may seek a writ of mandate or an injunction requiring any or all of the - materials to be amended or deleted.A peremptory writ of mandate or an injunction - shall be issued only upon clear and convincing proof that the material in question is false,misleading,or inconsistent 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 clerk shall be named as respondent and the person or official who authored the material in question shall be named as real parties in interest.In the case of the clerk bringing the mandamus or injunctive action,the board of supervisors of the county shall be named as the respondent and the person or official who authored the material in question shall be named as the real party in interest. (Amended by Stats.1988,c.160,§34.) - - .. Chapter 4.District Elections - Article 1.Initiative - - 5150. Scope of article. In addition to any other method provided by law,ordinances may be enacted by any district pursuant to this article,except that the provisions of this article shall not apply to irrigation districts,to a district formed under a law which does not j provide a procedure for elections,to a district formed under a law which does not provide for action by ordinance, to a district governed by an election procedure which permits voters,in electing the district's directors or trustees,to cast more : than one vote per voter,or to a district in which the directors are empowered to cast more than one vote per director when acting on any matter. - (Added by Stats.1976,c.248,§3.) j 5151. "District"definition. For the purposes of initiative and referendum under this chapter, "district" includes any regional agency which has the power to tax,to regulate land use,or to condemn and purchase land. (Added by Stats.1976,c.248,§3.) i! 5151.5. "Clerk",defined. 1 For the purposes of initiative and referendum under this chapter,"clerk of the district"includes the county clerk or other officer or board charged with performing the duties required of the clerk of the district by this chapter. - - (Added by Stats.1986,c.1277,§8.) - 5152. Submission of proposed ordinance by petition. Any proposed ordinance may be submitted to the governing board of the district by an initiative petition filed with the clerk of the district. Signatures to such petitions shall be obtained in the same manner as set forth in Section 3516.Affidavits shall be attached to each petition section in the form and in the manner set forth in Section 3519. 1 (Added by Stats. 1976,c.248,§3.) 5152.1. Publish notice of intention to circulate petition;form. Before circulating an initiative petition in any district, the proponents of that measure shall publish a notice of intention.The notice shall be accompanied by a printed statement stating the reasons for the proposed petition.The printed state- ment shall not exceed 500 words.The notice shall be signed by at least one,but not more than five,proponents and shall be in substantially the following form: "Notice of Intention to Circulate Initiative Petition 119 1994 5152.1. DIVISION 5.MEASURES SUBMITTED TO THE VOTERS Notice is hereby given of the intention of the persons whose names appear hereon of their intention to circulate the petition within the district for _ the purpose of .A statement of the reasons for the proposed action as r contemplated in the petition is as follows:" (Added by Stats.1983,c.125,P.) 5152.2. Publishing notice of intention to circulate petition;regulations for publishing and posting. A notice of intention and statement as referred to in Section 5152.1 shall be published or posted,or both,as follows: (a)If there is a newspaper of general circulation within the district,as described _ in Section 6000 of the Govenunent Code,the notice and statement shall be published - therein at least once. (b)If the petition is to be circulated in a district in which there is no newspaper - of general circulation,the notice and statement shall be published at least once,in - a newspaper of general circulation within the county in which the district is located and the notice and statement shall be posted in three public places within the district. (Added by Stats.1983,c.125,§2.) 5152.3. Filing of notice of intention and statement. Within 10 days after the date of publication or posting,or both,of the notice of intention and statement,the proponents shall file a copy of the notice and statement as published or posted,or both,together with an affidavit made by a representative - of the newspaper in which the notice was published or,if the notice was posted,by a voter of the district certifying to the fact of publication or posting.The affidavit, together with a copy of the notice of intention and statement,shall be filed with the clerk of the district. (Added by Stats.1983,c.125,§3.) 5152.4. Circulation of petition;circulation date. After the publication or posting,or both,of the notice of intention and statement, the petition maybe circulated among the voters of the district for signatures by any f registered voter of the district.Each section of the petition shall bear a copy of the notice of intention and statement. If (Amended by Stats.1992,c. 153,§1.) 5152.5. Filing of signed petition;filing date. Signatures upon petitions and sections thereof shall be secured,and the petition, together with all sections thereof,shall be filed within 180 days from the date of - - publication or posting, or both, of the notice of intention and statement. If the - petitions are not filed within the time permitted by this section,the petition and its sections shall be void for all purposes. (Added by Stats. 1983,c. 125,§5.) 5152.6. Affidavit of circulator attached to each section. Each section of the petition shall have attached thereto the affidavit of the person soliciting the signatures.This affidavit shall be substantially in the same form as set forth in Section 3519 except that the affidavit shall declare that the circulator is a registered voter of the district. (Added by Stats.1988,c.420,§4.) { 5153. Examinations of signatures;notification to proponents. j (a)Except as provided in Section 5153.5,within 30 days from the date of filing of the petition,excluding Saturdays,Sundays,and holidays,the clerk of the district shall examine the petition,and from the records of registration ascertain whether 1994 120 Chapter 3.Municipal Elections 4002.5. Chapter 3.Municipal Elections Article 1.Initiative 4000. Scope of article. Ordinances may be enacted by and for any incorporated city pursuant to this article. (Added by Stats.1976,c.248,§3.) 4001. Proposed ordinance may be submitted by petition. Any proposed ordinance may be submitted to the legislative body of the city by a petition filed with the clerk of the legislative body, in the manner hereinafter prescribed,after being signed by not less than the number of voters specified in this article.The petition may be in separate sections,providing that the same complies with all of the requirements of this article.The first page of each section shall contain the title of the petition and the text of the measure.The petition sections shall be designated in the manner set forth in Section 3516. (Added by Stats.1976,c.248,§3.) 4002. Notice of intent to circulate;filing,form. (a) Before circulating an initiative petition in any city, the proponents of the matter shall file with the clerk a notice of intention to do so, which shall be accompanied by the written text of the initiative and may be accompanied by a written statement not in excess,500 words, setting forth the reasons for the proposed petition. The notice shall be signed by at Ieast one,but not more than three,proponents and shall be in substantially the following form: Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of for the purpose of A statement of the reasons of the proposed action as contemplated in the petition is as follows: (b) Any person filing a notice of intent with the clerk shall pay a fee to be established by the legislative body not to exceed two hundred dollars($200)to be refunded to the filer if,within one year of the date of filing the notice of intent,the clerk certifies the sufficiency of the petition. (Amended by Stats. 1987,c.767,§8.) 4002.5. Proposed measure;title and summary. (a)Any person who is interested in any proposed measure shall file a copy of the proposed measure with the clerk with a request that a ballot title and summary be prepared. This request shall be accompanied by the address of the person proposing the measure.The clerk shall immediately transmit a copy of the proposed measure to the city attorney.Within 15 days after the proposed measure is filed, the city attorney shall provide and return to the city clerk a ballot title for and summary of the proposed measure.The ballot title may differ from any other title of the proposed measure and shall express in 500 words or less the purpose of the proposed measure.In providing the ballot title,the city attorney shall give a true and impartial statement of the purpose of the proposed measure in such language that the ballot title shall neither be an argument,nor be likely to create prejudice, for or against the proposed measure. (b)The clerk shall furnish a copy of the ballot title and summary to the person filing the proposed measure.The person proposing the measure shall,prior to its circulation,place upon each section of the petition,above the text of the proposed measure and across the top of each page of the petition on which signatures are to appear,in roman boldface type not smaller than 12-point,the ballot title prepared by the city attorney. 105 1994 M 4002.5. DIVISION 5.MEASURES SUBMITTED TO THE VOTERS The heading of the proposed measure shall be in substantially the following form: Initiative Measure to Be Submitted Directly to the Voters The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared by the city attorney.This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) (Added by Stats. 1987,c. 767,§9.) 4002.7. Title or summary,writ of mandate. The proponent may seek a writ of mandate requiring the ballot title or summary prepared by the city attorney to be amended.The court shall expedite hearing on the writ. A peremptory writ of mandate shall be issued only upon clear and convincing proof that the ballot title or summary is false,misleading,or inconsistent with the requirements of Section 4002.5. (Added by Stats. 1987,c.767,§I0.) 4003. Where notice is published or posted. A notice of intention and the title and summary of the proposed measure shall be published or posted or both as follows: (a)If there is a newspaper of general circulation,as described in Section 6000 et j seq.of the Government Code,adjudicated as such,the notice,title,and summary shall be published therein at least once. (b)If the petition is to be circulated in a city in which there is no adjudicated i newspaper of general circulation,the notice,title,and summary shall be published j at least once,in a newspaper circulated within the city and adjudicated as being of i general circulation within the county in which the city is located and the notice, title,and summary shall be posted in three(3)public places within the city,which I public places shall be those utilized for the purpose of posting ordinances as required in Section 36933 of the Government Code. (c)If the petition is to be circulated in a city in which there is no adjudicated newspaper of general circulation,and there is no newspaper of general circulation adjudicated as such within the county,circulated within the city,then the notice, title,and summary shall be posted in the manner described in subdivision(b). (Amended by Stats.1987,c. 767,§10.5.) 4004. Filing of publication affidavit. Within 10 days after the date of publication or posting,or both,of the notice of intention and title and summary,the proponents shall file a copy of the notice and title and summary as published or posted together with an affidavit made by a representative of the newspaper in which the notice was published or,if the notice was posted,by a voter of the city,certifying to the fact of publication or posting. If the notice and title and summary are both published and posted pursuant to subdivision(b)of Section 4003,the proponents shall file affidavits as required by this section made by a representative of the newspaper in which the notice was published certifying to the fact that the notice was published and by a voter of the city certifying to the fact that the notice was posted. These affidavits, together with a copy of the notice of intention and title and summary,shall be filed with the clerk of the legislative body of the city in his or her office during normal office hours as posted. (Amended by Stats.1989,c.720,§5.) 1994 106 Chapter 3.Municipal Elections 4009.5. 4005. When petition may be circulated. The proponents may commence to circulate the petitions among the voters of the city for signatures by any registered voter of the city after publication or posting, or both,as required by Section 4003,of the title and summary prepared by the city attorney.Each section of the petition shall bear a copy of the notice of intention and - the title and summary prepared by the city attorney. (Amended by Stats.1989,c.720,§6.) 4006. Securing of signatures and petition filing time. Signatures upon petitions and sections of petitions shall be secured, and the petition,together with all sections of the petition,shall be filed within 180 days from the date of receipt of the title and summary,or after termination of any action for a writ of mandate pursuant to Section 4002.7,and,if applicable,after receipt of an amended title or summary or both,whichever occurs later.Petitions and sections thereof shall be filed in the office of the clerk during normal office hours as posted. If the petitions are not filed within the time permitted by this section,the petitions shall be void for all purposes. (Amended by Stats. 1987,c.767,§14.) 4007. Affidavit attached to petition. Each section shall have attached thereto the declaration of the person soliciting the signatures.This declaration shall be substantially in the same form as set forth in Section 3519 except that the declaration shall declare that the circulator is a voter of the city and shall state the voter's residence address at the time of the execution of the declaration. i (Amended by Stats.1989,c.347,§2.) 4008. Filing of petition. The petition shall be filed by the proponents or by any person or persons authorized in writing by the proponents.All sections of the petition shall be filed at one time.Once filed,no petition section shall be amended except by order of a court of competent jurisdiction. When the petition is presented for filing,the clerk shall do all of the following: (a) Ascertain the number of registered voters of the city last reported by the county clerk to the Secretary of State pursuant to Section 607 effective at the time the notice specified in Section 4002 was published. (b)Determine the total number of signatures affixed to the petition.If,from this examination,the clerk determines that the number of signatures,prima facie,equals or is in excess of the minimum number of signatures required,the clerk shall accept the petition for filing.The petition shall be deemed as filed on that date.Any petition not accepted for filing shall be returned to the proponents. (Amended by Stats.1989,c.720,§7.) 4009. Examination of signatures. After the petition has been filed,as herein provided,the elections official shall examine the petition in the same manner as are county petitions in accordance with - Sections 3707 and 3708 except that,for the purposes of this section,references to the board of supervisors shall be treated as references to the legislative body of the city. (Amended by Stats. 1987,c.1039,§7.) 4009.5. Report on effect of proposed initiative to legislative body. (a)During the circulation of the petition,or before taking either action described in subdivisions(a)and(b)of Section 4010,or Section 4011,the legislative body may 107 1994 W ?�6 Gti ems. - - -- - _ -�� - - - -.- --- - - =- j " - - 41) 471 7f) 0 TITLE: A MEASURE TO ELIMINATE A FUNDING SOURCE FOR RETIRENKHT OBLIGATIONS AND CUT PUBLIC EMPLOYEE BENEFITS. Summary by City Attorney: This measure would amend the Huntington Beach City Charter to: 1) Repeal Charter 5607 (b) (2) , which authorizes a tax sufficient to meet the city' s obligations to the state retirement system, 2) Amend Charter 9404 to provide that city contributions to a retirement system may not include employee contributions, and 3) Amend 5404 to provide that employee compensation shall not be increased to offset the elimination of city payment of employee retirement contributions. The purpose of the proposed measure is to eliminate a funding source for retirement contributions to the State Public Employees' Retirement System (PERS) and cut public employees' compensation. (7% for miscellaneous employees and 9% for police, fire, and marine safety employees) . Under current labor contracts, the city pays employer contributions to PERS in approximately 7% of salary for miscellaneous employees and 14% for public safety employees. The city also pays, in lieu of salary, a contribution on behalf of employees of 7% for miscellaneous employees and 9% for public safety employees. The contract obligation of the city to PERS is funded by a voter approved indebtedness authorized by the charter since at least 1966 . This measure would eliminate that funding source for PERS contributions and reduce public employees' compensation. First, this measure would revoke -as city' s duty and authority to levy an indebtedness to pay the city' s obligations under its contract with PERS. The city would remain liable on its contract with the state retirement system, but the measure would eliminate the city's ability to meet its obligations by a specific tax levy. Currently, that levy raises about $6 million. Instead, retirement obligations would be shifted to the general fund, the source for most municipal operations, including police, fire, lifeguard, paramedic, and street maintenance services. Second, the measure would preclude the city from paying the employees' share of PERS contributions. Employer payment of employee contributions to PERS is common in California and is allowed by the PERS law. Many years ago, city employee groups agreed to forego a general salary increase in exchange for city payment of employees' retirement contributions directly to PERS. The ballot measure would preclude city payment of employee contributions in future labor contracts. Third, the measure forbids replacing the city paid employee contributions with another benefit; the purpose of this limitation is to cut compensation paid to public employees (7% for miscellaneous employees and 9% for police, fire and marine safety) . This measure excepts labor contracts in effect on November 8, 1994. NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. 31 Name *eidence Address Only or Clerk' s Use a 7L �°�e;hendL lire . only ev Print N ert th �C41 C�4--�G AijoromL• al 3i Name / idence Address Only or Clerk' s Use `^ .Wu4 A JY -1- A'IL ly 1�1 $t Name ra 4- 4, �A- jr1 C, ai q Li Sign Name , esidence Address Only or Clerk' s Use i Print Nam M,,D Cfl. gZGc�{ Si a esidence- Addre_ss Only or Clerk' s Use a- I(e ^ s f� only P nt � c�r"9..2.GZ%7 Z Sign NamResidence Address Only For Clerk' s Use Dnly P-#Int N e �r���TiN6 �l &4(4, y M06—w'). 14,YD"n WoLew NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. S gn Name esidence Address Only For Clerk' s Use only PrintA�Name Dr/ � /qa e Wert � Sign N kesidence Address Only For Clerk's Use 7 Only Print Name Sign Name esidence Address Only For Clerk' s Use i 8 Print Name Sign Name Residence Address Only For Clerk' s Use 9 only Print Name Sign Name Residence Address Only For Clerk' s Use ,o Dnly jPrint Name 1 Sign Name kesidence Address Only For Clerk' s Use Only Print Name Sign Name kesidence Address Only or Clerk' s Use ly Print Name Sign Name Residence Address Only or Clerk' s Use Print Name Sign Name lesidence Address Only For Clerk' s Use Only Print Name Sign Name kesidence Address Only or Clerk' s Use only Print Name DECLARATION OF CIRCULATOR (Must be in�1 circulator's handwriting) ,I I, ZVOkAl2. . L - V.9Ni �-� M61- &f-esiding at �h� y2, /�" L'6'A1x1n/.a L,K„ (print name) (print address) , am a registered voter of the City of rr•,�L-Trani ?E/, -J- circulated the petition and witnessed (print city) the appended signatures being written. That according to the best information and belief each signature is the genuine signature of the person whose name it purports to be. The signatures were obtained between ) /G // 1994, and70 'j l , 1994. I certif (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at �fi;IA4a :4i � on , (print City & StatTe)— 1994. YL,, (Signature of Circulator) Ir IfI6-.M. J. VANDER MOLEN Epp, 9472 MOKIHANA DR. y,,'A A. HUNTINGTON BEACH,CA 92646 rr PNJ PM /,9 3 �4.4 c;2- c-0 OZD awr'<rN.4 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK January 13, 1994 Mr. Jim L. Banks 505 Alabama Street Huntington Beach, CA 92648 Dear Mr. Banks: Pursuant to State Elections Code S. 4002.5(b), I am furnishing you with a copy of the Ballot Title and Summary prepared by the City Attorney relative to the proposed Measure you submitted December 28, 1993, with your Notice of Intent to Circulate Petition. Sincerely, Connie Brockway, CMC City Clerk CB:jh Enclosure RECEIVED BY- 0('- ON Q (Telephone:714-536-5227) 'D 3-12 RECE►VE0 CI7Y" f.LERK BALLOT TITLE AND SUMMARY I OF HUATIt4GTi'r ."AC`i.CALIF. Ballot Title ,All 13 4 11 Pci °9q A measure to amend the Huntington Beach City Charter to: 1) Repeal § 607(b)(2), which authorizes a tax to meet the city's obligations o the state retirement system, 2 Amend Charter 404 to provide that city contributions to a retirements stem § p tY Y shall not include employee contributions, and 3) Amend Charter § 404 to provide compensation shall not`be increased to offset the elimination of city payment of employee contributions. The purpose of the proposed measure is to eliminate a�unding source for retirement contributions to the State Public Employees' Retirement System (PERS) and to cut public employees' compensation by 7% (9% for public safety)!Proponents of the measure state that the goal is "a reduction in the number of city em/pays ,salary reductions, and trimming of fringe benefits." Under current labor contracts, the citymployer contributions to PERS in approximately 7% of salary for miscellaneous employees and 14% for public safety employees. The city also pays, in lieu of salary, a contribution on behalf of employees of.7%for miscellaneous employees and 9%for public safety employees. The contract obligation of the city to PERS is funded by a voter approved indebtedness authorized by the charter. This measure would eliminate that funding source for PERS contributions. Additionallly, it would effect a 7%reduction in miscellaneous municipal employees' compensation and 9% in public safety employees' compensation. SummarX This measure would make three amendments to the City charter. First, *t would delete the city's duty and authority to levy a tax to pay the city's obligations under its contract with the state Public Employees' Retirement System (PERS). The city would remain liable on its contract with the state retirement system, but the measure would 1 eliminate the city's ability to meet its obligations by a specific tax levy. Instead, the obligations would be solely funded out of general revenues, which would diminish funds available for general municipal services, including street maintenance,parks, and police and fire protection., Second, the measure would preclude the city from paying the employee share of PERS contributions. Some years ago (about 1978) city employees gave up a negotiated cost of living raise in favor of the city paying the employees' contributions to PERS. Thereason was to effect federal income tax savings by deferring tax on the contributions until retirement. Under PERS law, contributions to the retirement system are made by both the ccity and employees. These are, respectively, employer and employee contributions. The public°employee contributions are in the amount of 7% of salary for miscellaneous employees andk9%for public safety employees.. Employer contributions are not subject to income tax in the year of the payment, but retirement benefits paid after the employee's retirement are then subject to income tax. Employee contributions to PERS would normally be after-tax payments, i.e., income tax would be paid on the amount of the contribution in the current year. The negotiated contract for the city to pay employee contributions in lieu of salary permits deferral of income tax liability on employee contributions until the time of�the employee's retirement. That is why employee groups agreed years ago to forego a general salary increase in favor of city payment directly to PERS as an employee contribution to the retirement plan. Employer payment of employee contributions to PERS is common in California and is allowed by the PERS law. f i The ballot measure -would preclude.city payment of employee contributions in future labor contracts. Third, the measure purports to forbid replacing the city paid employee contribution with another benefit. This limitation is of questionable legality, since it would both take away an existing benefit and remove the City Council's discretion to determine employee compensation, a r limitation inconsistent with Huntington Beach Charter § 403. The City Council is expressly vested by city Charter with the power to determine "reasonable compensation and fringe benefits 2 as are appropriate for employees." (§ 403) Were this measure to be adopted, the Council would still have the duty to establish reasonable and competitive compensation fXcityp of yees, in order to recruit, hire and retain good employees. In summary, this measure will significantly impact the demands o}1 the general fund by transferring the city's contract obligations to PERS as a general liability, along with police, fire, streets,parks and other municipal services. Further, it is anticipated that city employees will vigorously oppose 7% compensation cuts (9% for public saf ety)without a replacement benefit. The measure will have a significant negative impact on the'city's general revenues and will result in immediate loss to the city estimated at$6,000,000.00 the current special levy for retirement contract obligations to PERS. GAIL HUTTON City Attorney f d .f ,r J 3 ;...�.w� Gr�7!69 �; �: c D,CD �/,�-��'��L 461 J3 4 BALLOT TITLE AND SUMMARY �s Ballot Title A measure to amend the Huntington Beach City Charter to: 1) Repeal § 607(b)(2), which authorizes a tax to meet the city's obligations to the state retirement system, 2) Amend Charter § 404 to provide that city contributions to a retirement system shall not include employee contributions, and 3) Amend Charter § 404 to provide compensation shall not be increased to offset the elimination of city payment of employee contributions. The purpose of the proposed measure is to eliminate a funding source for retirement contributions to the State Public Employees' Retirement System (PERS) and to cut public employees' compensation by 7% (9% for public safety). Proponents of the measure state that the goal is "a reduction in the number of city employees, salary reductions, and trimming of fringe benefits." Under current labor contracts,the city pays employer contributions to PERS in approximately 7% of salary for miscellaneous employees and 14%for public safety employees. The city also pays, in lieu of salary, a contribution on behalf of employees of 7% for miscellaneous employees and 9%for public safety employees. The contract obligation of the city to PERS is funded by a voter approved indebtedness authorized by the charter. This measure would eliminate that funding source for PERS contributions. Additionally, it would effect a 7%reduction in miscellaneous municipal employees' compensation and 9% in public safety employees' compensation. Summary This measure would make three amendments to the City charter. First, it would delete the city's duty and authority to levy a tax to pay the city's obligations under its contract with the state Public Employees' Retirement System (PERS). The city would remain liable on its contract with the state retirement system,but the measure would 1 9\s\Ba11ot:\01/13/94 eliminate the city's ability to meet its obligations by a specific tax levy. Instead, the obligations would be solely funded out of general revenues, which would diminish funds available for general municipal services, including street maintenance, parks, and police and fire protection., Second, the measure would preclude the city from paying the employees' share of PERS contributions. Some years ago (about 1978) city employees gave up a negotiated cost of living raise in favor of the city paying the employees' contributions to PERS. The reason was to effect federal income tax savings by deferring tax on the contributions until retirement. Under PERS law, contributions to the retirement system are made by both the city and employees. These are, respectively, employer and employee contributions. The public employee contributions are in the amount of 7% of salary for miscellaneous employees and 9% for public safety employees.. Employer contributions are not subject to income tax in the year of the payment, but retirement benefits paid after the employee's retirement are then subject to income tax. Employee contributions to PERS would normally be after-tax payments, i.e., income tax would be paid on the amount of the contribution in the current year. The negotiated contract for the city to pay employee contributions in lieu of salary permits deferral of income tax liability on employee contributions until the time of the employee's retirement. That is why employee groups agreed years ago to forego a general salary increase in favor of city payment directly to PERS as an employee contribution to the retirement plan. Employer payment of employee contributions to PERS is common in California and is allowed by the PERS law. The ballot measure would preclude city payment of employee contributions in future labor contracts. Third, the measure purports to forbid replacing the city paid employee contribution with another benefit. This limitation is of questionable legality, since it would both take away an existing benefit and remove the City Council's discretion to determine employee compensation, a limitation inconsistent with Huntington Beach Charter § 403. The City Council is expressly vested by city Charter with the power to determine "reasonable compensation and fringe benefits 2 9\s\B al1 ot2\01/13/94 • • f as are appropriate for employees." (§ 403) Were this measure to be adopted, the Council would still have the duty to establish reasonable and competitive compensation for city employees, in order to recruit, hire and retain good employees. In summary,this measure will significantly impact the demands on the general fund by transferring the city's contract obligations to PERS as a general liability, along with police, fire, streets, parks and other municipal services. Further, it is anticipated that city employees will vigorously oppose 7% compensation cuts without a replacement benefit. The measure will have a significant negative impact on the city's general revenues. The measure will result in immediate loss to the city estimated at $6,000,000.00, the current special levy for retirement contract obligations to PERS. 3 9\s\B al I o t2\01/13/94 4/S7 w BALLOT TITLE AND SUMMARY Ln Title: Should the Huntington Beach City Charter be amended to: r 1) Repeal § 607(b)(2), which authorizes a tax to meet the city's. obligations to tb T state retirement system, 2) Amend Charter § 404 to provide that city contributions to a retirement system shall not include employee contributions, and 3) Amend Charter § 404 to provide compensation shall not be increased to offset the elimination of city payment of employee contributions. The measure will have a significant negative impact on the city's general revenues. Summary This measure would make three amendments to the City charter. First, it would delete the city's duty and authority to levy a tax to pay the city's_ obligations under its contract with the state Public Employee Retirement System (PERS). The city.would remain liable to the state retirement system, but the measure would eliminate the city's ability to meet its obligations by a specific tax levy. Instead,the obligations would be funded out of general revenues, which would diminish funds available for general municipal services, including street maintenance, and police and fire protection., Second, the measure would preclude the city from paying the employees' share of PERS contributions. Many years ago (about 1978) city employees gave up a negotiated cost of living raise in favor of the city paying the employees' contributions to PERS. Under PERS law, contributions to the retirement system are made by both the city and employees. These are, respectively, employer and employee contributions, each in the amount of 7% of salary. Employer contributions are not subject to income tax in the year of the payment, but retirement benefits after the employee's retirement are then subject to income tax. Employee contributions to PERS would normally be after-tax payments, i.e., income tax would be paid on the amount of the contribution in the current year. The effect of the negotiated contract for the city to pay employee contributions instead of other salary benefits was to defer income tax liability on employee contributions until the time of the employee's retirement. That is why employee groups agreed many years ago to forego a general 7% increase in favor of having the city pay that money directly to PERS as an employee contribution to the retirement plan. Employer payment of employee contributions to PERS is common in California and is allowed by the PERS law. The ballot measure would preclude city payment of employee contributions in future labor contracts. Third, the measure purports to forbid replacing the city paid employee contribution with another benefit. This limitation is of questionable legality, since it would both take away an existing benefit and remove the City Council's discretion to determine employee compensation, inconsistent with Huntington Beach Charter § 403. The City Council is expressly vested by city Charter with the power to determine "reasonable compensation and fringe benefits as are appropriate for employees." (§ 403) Were this measure to be adopted, the Council would still have the duty to establish reasonable and competitive compensation for city employees, in order to recruit, hire and retain good employees. In summary, this measure will significantly impact the demands on the general fund by including the city's contract obligations to PERS along with police, fire, streets,parks and other municipal services. Further, city employees will vigorously oppose 7% salary cuts without a replacement benefit. The measure will result in immediate loss to the city estimated at $6,000,000.00,the current special levy for retirement contract obligations to PERS. y BALLOT TITLE AND SUMMARY ," -gym - < m � so Title: Should the Huntington Beach City Charter_be amended to: -- 1) Repeal § 607(b)(2), which authorizes a tax to meet the city's obligations to tb T state retirement system, 2) Amend Charter § 404 to provide that city contributions to a retirement system shall not include employee contributions, and 3) Amend Charter § 404 to provide compensation shall not be increased to offset the elimination of city payment of employee contributions. The measure will have a significant negative impact on the city's general revenues. summau This measure would make three amendments to the City charter. 169 First, it would delete the city's duty and authority to levy a tax to pay the city's /7 obligations under its contract with the state Public Employee Retirement System(PERS). The /3 city.would remain liable to the state retirement system,but the measure would eliminate the /S city's ability to meet its obligations by a specific tax levy. Instead,the obligations would be 1(o funded out of general revenues, which would diminish funds available for general municipal /3 services, including street maintenance, and police and fire protection., 9 Second, the measure would preclude the city from paying the employees' share of PERS I Y contributions. Many years ago (about 1978)city employees gave up a negotiated cost of living /S raise in favor of the city paying the employees' contributions to PERS. Under PERS law, /-9 contributions to the retirement system are made by both the city and employees. These are, 1-5 respectively, employer and employee contributions, each in the amount of 7% of salary. . 13 Employer contributions are not subject to income tax in the year of the payment, but retirement benefits after the employee's retirement are then subject to income tax. // Employee contributions to PERS would normally be after-tax payments, i.e., income tax /3 would be paid on the amount of the contribution in the current year. The effect of the negotiated / contract for the city to pay employee contributions instead of other salary benefits was to defer / income tax liability on employee contributions until the time of the employee's retirement. That is why employee groups agreed many years ago to forego a general 7% increase in favor of /7 having the city pay that money directly to PERS as an employee contribution to the retirement / plan. ©/ Employer payment of employee contributions to PERS is common in California and is 13 allowed by the PERS law. O The ballot measure would preclude city payment of employee contributions in future / 2 OZ labor contracts. Third,the measure purports to forbid replacing the city paid employee contribution with /3 another benefit. This limitation is of questionable legality, since it would both take away an /S existing benefit and remove the City Council's discretion to determine employee compensation, /Z inconsistent with Huntington Beach Charter § 403. The City Council is expressly vested by city /.3 Charter with the power to determine "reasonable compensation and fringe benefits as are 3 appropriate for employees." (§ 403) Were this measure to be adopted, the Council would still /y have the duty to establish reasonable and competitive compensation for city employees, in order /Y 0 to recruit, hire and retain good employees. 7 In summary, this measure will significantly impact the demands.on the general fund by `7` including the city's contract obligations to PERS along with police, fire, streets,parks and other /S municipal services. Further, city employees will vigorously oppose 7% salary cuts without a /3 replacement benefit. The measure will result in immediate loss to the city estimated at /f $6,000,000.00,the current special levy for retirement contract obligations to PERS. / . L• 0.-.0 a o 0 :..i.o.+ 0 .•_1 m.2.+•. -0'' .11 + 'Y CO.• 0 �08+ 0.. '0:9.,+ 0. 61 0 9"+ •0:••0.9+ 0 :o9+ 0:;,09+ .. " I 0 . 1 0+.- .0 1.0 0. 0 4..+•: 0.;• 1 14 0 . 08+ V 0+-, Jb 0. 0.9.+ TI -:38T- 0•0.1.0+ 0-"1:5-+' ;. s. 0-.: 1 6 0 •..1..3.;+. 09+ .0 ".1 4-+ - z'r _ =0'- -1.•8. 0�-14,+ p: - 0, 0 . s 0 .05+ Y 0 •.1 4 +` _0 1`4 4.: 87r+ N•.t 0 � C` Vr 0.�-A:3+ 0.• 1 5+ ;0 ;:14+ 0 . 0-7+ 0 14f -0 -V 3+ . 0;-'._1:3+ . . -0 02+ p 0>.0171 +. r. D• 1 6+ s .. 0:..1.8.+ 0 :1 3.+ 10. .:0 1,5:+_ .�,1 4.+ 0,. O g'+ h6.+. TF .. A- 8TT Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Huntington Beach,- for_ the purpose of repealing Section 607 (b) 2 of. the =-City Charter which imposes a--special property tax to pay for the retirement benefits of City employees and to amend Section 404 of the City Charter to- prgvide that the City's contributions toward City employees' retirement benefits not exceed the required employer's contribution and that the employees' share of such contributions be paid by the City employees and not the City. A statement of the reasons of the proposed action as contemplated in the petition is as follows: During the current economic recession, many residents of -•. Huntington Beach have lost their jobs and even their homes, many �,� have experienced hard times with their businesses, while others •-• have seen their salaries cut and had their fringe benefits reduced or eliminated. It. is rare to find a job in, the private _�� sector today where the employer pays for all of the employee's retirement. Yet the City of Huntington Beach pays for 100% of the retirement benefits for almost all City employees, and it paid for with a special property tax which is earmarked just fora` this purpose.' Yes, a special property tax over and above the 1L...�. regular property ta?c. In 19.P3 this special tax cost the property. / owners of-Huntington Beach over $6 million. No other City in ro IOz-apge oun has such a tax: Why, does Hunting�n Be ch need ....� this special tax?> Huntington Beach, like most cities, participates in the California Public Employees Retirement System known as "CALPERS. " The legislation which established and regulates CALPERS rL contemplates an employer's contribution and an employee's . contribution to the retirement system just like most retirement i• plans in the private sector. However, City officals have agreed to pay both the 'employer's contributions and the employee's contributions for most City employees. Why? Because it is comingl® out of your pocket, not theirs! 1P 16 City employees are entitled to a fair, reasonable, and q equitable reti-rement. They are not, however, entitled to retireO on the backs of the taxpayers with extravagant retirement 9 bene its entirely paid for by the taxpayers. City employees q so pay their fair share just like the rest of us! 11 tl When tough economic times hit, most people and businesses l 2- are faced with making sacrifices, cutting back, and hoping theyl0 io can hang on until the economy improves. Yet, the City seems toll I1 think it is immune from the recession and refuses to help its 12 i'1 residents by cutting back and reducing taxes. Other than payinglo �. lip service to the issue, the City has not taken the kinds of 13 _13 measures, that are necessary during a recession such as a �D %o reduction in the number of City employees, salary reductions, and.►o 3�1 trimming of fringe benefits. The City officals have not done what is necessary, nor wi1111 JJ they. But this is one time we can do it for them! We do not have�U_J.�, to depend on the politicians and the bureaucrats this time. The 11 (� voters in Huntington Beach can bypass the politicians and bureaucrats. We can amend the -City Charter to eliminate this LP— special property tax and put an end to the free ride for City employees. I The proposed Charter Amendment will: (i) lower your propertypi taxes; (ii) force the City to deal with economic realities; and (iii) make City employees pay their share towards their q _L retirement. 0 D ted: Decembers? 1993 im L. Banks 505 Alabama St. Huntington Beach, CA Dated: Decembers, , 1993 Marie St. Germain 505 Alabama St. Huntington Beach, CA rn � ^Y'1 7 -v C17 =r� W ' �p.. pwMvI Ly uu and put an end to the free ride for City employees. The proposed Charter Amendment will: (1) lower your property taxes; . (i1) ' force the City to deal with economic.realities; and (111) make City employees* pay their share., towards their retirement. Dated: December.28, 1993 /S/Jim L. Banke;)505 Alabama St-('� un• ` tington Beach, A Dated: December 281 1993 /S/Marie St..Ger al , .505 Alabama St , u - tington Beach, C CHARTER AMENDMENT TO BE SUBMITTED DIRECTLY TO THE - VOTERS The.city attorney..has pre- pared the following title and summary of the chief . . purpose and points of the . proposed Charter Amend- ment Measure: BALLOT TITLE AND SUMMARY Title: A measure to eliml-i nate a funding'source for retirement obligations and I- cut public employee ben- efits. _Summate�/ � This measure wound"amend the. Hun- tington Beach City Charter) to: 1) Repeal Charter Sect on 607(b)(2), which authorizes a tax sufficient to meet the city's obligations to the state retirement system,' 2) Amend Charter Sectio 404 to provide that city contributions to a re- _ U tirement system may not (" include employee contr - tions, and 3) Amend Section.404 to .; provide that employee ` compensation'shall not be Increased to offset_ the eliminatlon'of city payment of . employee retirement contributions. - The purpose of the pro- . posed .measure is to elimi- nate q'',funding source for retirement contributions to the State Public Employ- ees' Retirement System (PERS) and cut public em- ployees' compensation. (7% for miscellaneous em- ployees.and 9% for police, fire, and marine.safety em- ployees). Under current labor contracts, the city '. pays employer contribu- tions to ai~cae �. __ PUBUG-ICES PUBUCIOTITES Public Notice ees and 14% ' public Notice of Intent safety employe, The city to Circulate Petition also pays, in lieu of salary, Notice is hereby given by a contribution on behalf of the persons whose names employees of 7% for mis- appear hereon of their In- tention to circulate the peti- cellaneous employees and. tion within the City of Hun- 9%'for public safety em tington Beach for the pur- ployees. The contract obli pose of repealing Section gation of the city to PERS, 607(b)2 of the City Charter is funded by a voter ap-- which imposes_a.special proved indebtedness au-^ property tax to pay for re-tireme thorized by the charter employees and to amend --�- nt benefits of City since at least 1966. This emplo Section 404 of the City measure would eliminate Charter to provide that the that funding source for . City's contributions toward PERS contributions and re-i• A City employees' retirement. duce, public employees'I!' benefits not exceed the re- compensation. quired employer's contribu- First,, this measure would' tion and that the employ- ees' share of such contri- ty's duty and butions be paid by the City authority to levy an indebt- employees and not the edness to pay the city's; City. A statement of the obligations under its con. reasons of the proposed tract with PERS. The city action as contemplated in would remain liable on its I ite( the petition is as follows: , contract with the state re- . During the current eco- tirement. system, but the. of c nomic recession, many res idents of Huntington Beach measure would eliminate have lost their jobs and the eity's ability to meet Its ,ye, even their homes, many obligations by a specific have experienced hard tax levy. Currently, that levy `I times with their businesses, raises about $6 million. In- while others , have seen stead, retirement obit-!prir their salaries cut and had their fringe benefits re- gations would be shifted to'. duced or eliminated. It is the general fund, the j IN rare to find a job in the pri- source for most municipal . vate sector today where operations, including po- rCu the employer pays for all-of lice, fire, lifeguard, para- the employee's retirement. medic, and street mainte-Ity —Yet—the,City of Huntington Hance services. Beach pays!. 100% of the ►ra i retirement benefits for al- Second, the measure t most all City employees, would preclude the city and it is paid for with. a from paying the employ-1 CV special property tax which ees' share of PERS contri- Is earmarked just for this butions. Employer paymently purpose. Yes, a special of employee contributions) property tax over and to PERS is common in Cal- 1 u '! above the regular property tax. In 1993 this special tax ifornia and is allowed by i cost the property owners of the PERS law.-Many years Huntington Beach over $6 ago, city employee groups Ue million. No other City In Or- agreed to forego a general ange County has such a salary increase in ex- tax. Why does Huntington change for city payment of - Beach need this special taxi employees' retirement con- i Huntington Beach, like tributions ,directly;to PERS. , i most cities, participates .in The ballot measure would the California Public Em- preclude city payment of 1 ployees Retirement System employee contributions iri f known as "CALPERS." The future labor,contracts. A legislation which estab- Third, the measure forbids a r lished and regulates CALP- replacing the city paid em- ) ERS contemplates an em- ployer's contribution and Ployee contributionr,,.with an employee's contribution another. benek,�)66 pur- to the retirement system pose of this limitation is toty just like most retirement cut compensation paid to plans in the private sector. public employees (75� for C However, City officials have miscellaneous employees agreed to pay both the.em- and 9% for police, fire and ployer's contributions and the employee's contribu- marine safety). tions for most City employ- This measure excepts ees. Why?. Because It is labor contracts in effect on 27 coming out of your pocket, November 8, 1994. not-theirsl' AMC MUTTON, ,\City I a. City employees are en- Attorney -.- - �•1i�S�..?.9 .fi3�r llslk�blP, _ --61ish� + Huntingt-n / f and eat„ ,able retirement. They are not, however, on: Beach-Founta,o Valley in titled to retire on the backs dependent January 27, / of the taxpayers with ex- 1994, travagant retirement" ben-1 014-613 efits entirely paid for by NI'taxpayers. City employees should,pay their fair share. just like the rest of usl 1 When tough economic r .� times hit,,most people and businesses are faced with Signature making sacrifices, cutting back, and hoping they can hang on until the economy improves. Yet, the City seems to think it is Immune from the recession and re- fuses to help its residents by cutting back and reduc- ing \taxes. Other than pay- Ing lip service to the Issue, the City has not taken the kinds of measures that are necessary during a reces- sion such, as,a reduction In, thenumber of City employ- ees, salary reductions, and trimming of fringe benefits.. The City officials have not I done what is .'necessary; nor will they.- But this is one time we can do it for them! We do not have to depend on the politicians and the bureaucrats this time.- The voters in Hun- -- tinnton;Rnar_h��an_hvpsce, the politicians and bureau- crats. We can amend the City Charter eliminate this special property tax and put an end to.the free ride for City employees. The proposed Charter Amendment will: (1) lower your property taxes; (ii) force the City to deal with economic realities; and (III) make City employees' pay their share towards their retirement. Dated: December 28, 1993 - -- - - - ---- —-- -- — - /S/ Jim L. Banks, 505 Alabama St., Hun. ---- - -— -tington Beach CA - ---- ------ —,�, � Dated: December 28, 1993 i /S/.Marie St. Germain, .505 Alabama St., Hun- tington Beach, CA CHARTER. AMENDMENT TO BE SUBMITTED DIRECTLY TO THE VOTERS . The,city attorney.has pre- pared the following title and summary of the chief purpose and points of the proposed Charter Amend- ment Measure: 6 BALLOT TITLE AND SUMMARY J Title: A measure to elimi- nate a funding source for ,i retirement obligations and cut public employee' ben-I efits. Summary: This measurei would amend the Hun- tington Beach City Charter) to: 1) Repeal Charter Section 607(b)(2), which authorizes a tax sufficient to meet the city's obligations to the state retirement system, 2) Amend Charter Section 404 to provide that city contributions to a re- tirement system may not include employee contribu- tions, and 3) Amend Section 404 to provide that employee I compensation'shall not be — increased to offset the elimination'of city payment of employee retirement contributions. The purpose of the pro- posed measure Is,to elimi- nate q%funding source for retirement contributions to the State Public Employ- ees' Retirement System (PERS) and cut public em- ployees' compensation. (7% for miscellaneous em- ployees and 9% for'police, fire, and marine safety em- ployees). Under current labor contracts, the city pays employer contribu-. j / tions to PERS in. ap. proximately 7% of salary for miscellaneous erridloy- ORI*C-XNA L .)4 CITY OF HUNTINGTON BEACH 0' INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Gail Hutton, City Attorney FROM: Connie Brockway, City Clerk SUBJECT: REQUEST FOR BALLOT TITLE AND SUMMARY- CHARTER AMENDMENT- SUBMITTED BY MR. JIM BANKS ON DECEMBER 28, 1993 DATE: December 29, 1993 I am transmitting the Sections of the Election Code(1993) under which the Ballot Title and Summary is requested of your office to prepare. The request for Ballot Title and Summary was prepared by Mr. Jim Banks on December 28, 1993, and transmitted to your office on December 28, 1993. Pursuant to Elections Code 4002.5,the City Attorney has fifteen(15) days (due January 12, 1994)to prepare the Ballot Title and Summary and return to the City► Clerks's Office. I will then transmit same to Mr. Banks. Please call me so we can discuss further sections of the State Election Code in this matter. Thank you very much. CB jh. Enclosures REQUEST FOR BALLOT TITLE AND. SUMMARY Ms. Connie Brockway City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Ms. Brockway: Pursuant to California Elections Code Sections 4081 and 4002.51 I hereby request that a ballot title and summary be prepared for the attached proposed amendment to the City Charter of the City of Huntington Beach. S'ncerely Dated: December 1993 -;7Jim L. Banks 505 Alabama Street Huntington Beach, CA 92648 o x m c3 z N = CO c� n • r rrn �.� n r CO T G.Li Notice of Intent to Circulate Petition Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the City of Huntington Beach for the purpose of repealing Section 607 (b) 2 of the City Charter which imposes a special property tax to pay for the retirement benefits of City employees and to amend Section 404 of the City Charter to provide that the City's contributions toward City employees'. retirement benefits not exceed the required employer's contribution and that the employees' share of such contributions be paid by the City employees and not the City. A statement of the reasons of the proposed action as contemplated in the petition is as follows: During the current economic recession, many residents of Huntington Beach have lost their jobs and even their homes, many have experienced hard times with their businesses, while others have seen their salaries cut and had their fringe benefits reduced or eliminated. It is rare to find a job in the private sector today where the employer pays for all of the employee's retirement. Yet the City of Huntington Beach pays for 100% of the retirement benefits for almost all City employees, and it is paid for with a special property tax which is earmarked just for this purpose. Yes, a special property tax over and above the regular property tax. In 1993 this special tax cost the property owners of Huntington Beach over $6 million. No other City in Orange County has such a tax. Why does Huntington Beach need this special tax? Huntington Beach, like most cities, participates in the California Public Employees Retirement System known as "CALPERS. " The legislation which established and regulates CALPERS contemplates an employer's contribution and an employee's contribution to the retirement system just like most retirement plans in the private sector. However, City officals have agreed to pay both the employer' s contributions and the employee' s contributions for most City employees. Why? Because it is coming out of your pocket, not theirs! City employees are entitled to a fair, reasonable, and equitable retirement. They are not, however, entitled to retire on the backs of the taxpayers with extravagant retirement benefits entirely paid for by the taxpayers. City employees sould pay their fair share just like the rest of us! When tough economic times hit, most people and businesses are faced with making sacrifices, cutting back, and hoping they can hang on until the economy improves. Yet, the City seems to think it is immune from the recession and refuses to help its residents by cutting back and reducing taxes. Other than paying lip service to the issue, the City has not taken the kinds of measures that are necessary during a recession such as a reduction in the number of City employees, salary reductions, and trimming of fringe benefits. The City officals have not done what is necessary, nor will they. But this is one time we can do it for them! We do not have to depend on the politicians and the bureaucrats this time. The voters in Huntington Beach can bypass the politicians and bureaucrats. We can amend the City Charter to eliminate this special property tax and put an end to the free ride for City employees. The proposed Charter Amendment will: (i) lower your property taxes; (ii) force the City to deal with economic realities; and (iii) make City employees pay their share towards their retirement. D ted: December�f, 1993 im L. Banks 505 Alabama St. Huntington Beach, CA Dated: December , 1993 Marie St. Germain 505 Alabama St. Huntington Beach, CA o = rn � co r`r>rm r -o LIM =n C+W 0 - ' The Proposed Charter Amendment Reads As Follows: First: Section 607 (b) 2 . of the City Charter of the City of Huntington Beach is repealed, and the semicolon and the word "and" at the end of Section 607 (b) 1. are deleted and replaced with a period. This provision shall not apply to property taxes levied prior to January 1, 1995. Second: Section 404 of the City Charter of the City of Huntington Beach is amended by adding the following sentence at the end of Section 404 : "The City's contributions and/or payments to the retirement system shall not exceed the required employer's contribution and shall not include any portion of the member's "Normal Contributions" as that term is defined in California Government Code Section 20027, nor shall any employee's compensation or other benefits be increased for the purpose of offsetting the elimination of the payment by the City of the employee's Normal Contributions." This provision shall not apply to contributions required by any memorandum of understanding or any other employment contract which was in effect on November 8, 1994, but only for the remaining term of such memorandum of understanding or employment contract without regard to any modification or extension of such term made after November 8, 1994 . Third: If any section, subsection, provision, part, subpart, paragraph, clause or phrase of this amendment, or any amendment or revision of this amendment, is for any reason held to be invalid or unconstitutional, the remaining sections, subsections, provisions, parts, subparts, paragraphs, clauses or phrases shall not be affected but shall remain in full force and effect.