HomeMy WebLinkAboutNotice of Intention to Circulate Petition to Amend 1950 City l.
JOu5, JO(1E5, FinDLEY, BOOTH & CPRLSon
DONALD A.JONES ATTORN EYS AT LAW _,ten 81V -8521
FENTON E.JONES ❑ ^ 5ro� ({!ifl 54 4-4305
ROBERT J. FINDLEY 18080 BEACH BOULEVARD #') d` 9 / cy? „y`;� 4�'31-3591
JAMES C. BOOTH HUOTinGTOn BEKH, OgUfoknip 92647R 't
Y
C.WILLIAM CARLSON,JR.
April 9, 1965 �;` """'" Y
100000
City Council of th -- '~-Ir OF
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City of Huntington eAlYiK 19 10065 _ 19.-------
Honorable Sirs:
This office has been retained by the Citizens Initiative'
Committee to represent them on behalf of the several thousand
people who feel as they do, concerning the proposed Charter
amendments.
I have been informed that an adequate petition for submitting
the matter of Charter amendment to the voters has been duly
processed and filed with the City Council of the City of
Huntington Beach. I have what purports to be a receipt signed
by Paul C. Jones, City Clerk, to the effect that on March 9, ff
1965, the petition was submitted to said City.
Article 11, Section 8 of the Constitution of the State of J.
California provides that the proposed Charter amendment may
submitted to special or general election. It further provides
that the election shall- be held not less than 40, nor more than
60 days after having been advertised as provided therein, which
said advertising is required to be done within 15 days after such
filing. Thus, the legislative body of Huntington Beach became
dutybound to perform its duties in advertising the proposed
amendment and election on or before March 25, 1965 and thereafter
holding a special election between the approximate dates of
May 5, 1965 and July' 4, 1965. Since the Council has already
failed to abide by the constitutional_ directive in publishing
within 15 days of the date of fling, there has already been a
breach of duty. It would appear that the Council again failed to .
act at their last regular meeting, which was then over a month
past the time the constitution required them to act. Time still
runs on and the rights of the people involved under the State
Constitution are not being protected by the City Council; who has
a duty to so protect them.
It is easy to acquire rumor information relating to the failure
of the City Council to act. One of such rumors indicates the
City is relying on the case of Ault vs, the City Council of the
City of San Rafael, decided in 1941 and reported in 17 Cal 2d 415.
This case denied a writ of mandamus where the matter was placed
on the ballot in a general election some 12 days following the
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.latest date at which the Council could have held a special
election. The majority of the Court. held that since the petitioner
could. show no substantial damage he was not entitled to the relief
of a writ of mandamus. Justice Garter wrote a lengthy and
vigorous dissent pointing out rather succinctly that he did not
.believe taking away a little bit of constitutional right should
be allowed as distinguished from a whole lot of constitutional
right. In any event, this case certainly has no application to '
the, present facts.
It is in the interest of every resident, property owner and
person doing business in Huntington Beach to be represented by a
City Council who feels both a legal and moral obligation to defend
the constitutional rights of each and every person t,7ithin the City.
A failure to protect those rights because of a difference of
opinion as to whether, the proposed amendment is good ,or bad,
can not be and will not be tolerated. It is assumed that the
Council has failed to. act so far either by failing to understand
that they are depriving people of their constitutional rights, or
by reason of lethargy in performing their duties. A request is
there.fore. made •that the prerequisite publication be immediately
made and- an election scheduled at the earliest possible date. as
required by our constitution. In the event this action is not
taken forthwith, this office has been instructed to take the
necessary legal action to enforce the rights of the parties
involved. Let. it not be said to the City° s shame, that legal
action is necessary to compel our City Council to abide by the
constitution which .they took .an oath to uphold.
Respectfully submitted,
JONES, JONES, FINDLEY, BOOTH
& CARLSON
Donald A. Jones "n
DAJ/f 1 '
cc: Bradford J. Mock
Chairman of the Huntington Beach
Citizens Initiative Committee
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MEMORANDUM
TO: James D. Plunkett , City Attorney .
FROM: Paul C. Jones, City Clerk
ECT: Notice of Intention to Circulate Petition to Amend
1950 City Charter,
On November 6, 1964, Mrs. Ruth Brazney filed in my office a
Notice of Intention to Circulate Petition to Amend the 1950
City Charter of Huntington Beach.
Mrs® Ann Menees has requested by phone that the Notice of
Intention and the proposed petition to the City Council be
checked for validity thereof.
Enclosed herewith are verifaxed copies of the following
documents:
a) Affidavit of Publication from the Huntington Beach
News.
b) Receipt from Betty J. Oswald, Deputy City Clerk, to
Ruth Brazney covering documents filed in the City Clerk's
office.
c) Notice of Intention to Circulate Petition to Amend 1950
City Charter of Huntington Beach, California.
d) Petition to the City Council of Huntington Beach,
California, submitting a proposed amendment to the 1950
Charters (unsigned)
It is requested that you furnish me with a written opinion on
the status of the aforementioned documents , pointing out any
corrections thereto which may be required to make them comply
legally.
........._
Paul Cm JontT
City Clerk
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2PORATFO
CITY OF
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MEMORANDUM
TO: James D. Plunkett , City Attorney
FROM: Paul C. Jones, City Clerk
SUBJECT: Notice of Intention to Circulate Petition to Amend
1950 City Charter.
On November 6, 1964, Mrs. Ruth Brazney filed in my office a
Notice of Intention to Circulate Petition to Amend the 1950
City Charter of Huntington Beach.
Mrs, Ann Menees has requested by phone that the Notice of
Intention and the proposed petition to the City Council be
checked for validity thereof.
Enclosed herewith are verifaxed copies of the following
documents:
a) Affidavit of Publication from the Huntington Beach
News.
b) Receipt from Betty J. Oswald, Deputy City Clerk, to
Ruth Brazney covering documents filed in the City Clerk's
office.
c) Notice of Intention to Circulate Petition to Amend 1950
City Charter of Huntington Beach, California.
d) Petition to the City Council of Huntington Beach,
California, submitting a proposed amendment to the 1950
Charter. (unsigned)
It is requested that you furnish me with a written opinion on
the status of the aforementioned documents, pointing out any
corrections thereto which may be required to make them comply
legally.
Paul Cs Jones
City Clerk
jundavit of Publication
i. _,
(Published`Huntingtoz Beeh I1ety Ncr 5 19B4}
NOTICE OF INTENTION,TO FRCULAT9 ET,;' JOAM04D 195
state of California 1 CITY CHARTER OR l�P1 kTlt4GTObU EIt CEi. "t;IFQRt4tA, _
ounty of Orange } ss Pursuant to 0 Sectiotl California Uefions7:-Cod6,'AheL under
j signed.registered voters :the City of 1�t trn tat 1-each California
�ity of Huntington Beach l
hereby give notice`that tlz y are fhe,. propments of,- and int cl t
J. S. Farquhar, being duly sworn on oath, says: That he is a exreu2ate''iri said ezt "for tEie purpose of`.procuring signatures of`Fegis
:itizen of the United States, over the age of twenty-one years. tered voters thereto;a petition TO AMEND THE 195t1 CITY CHARTE£
The reasons for the proposed petition are.
That he is the printer and publisher of the Huntington Beach The present structure of.the City Council is no longer suitable fo
Vews, a weekly newspaper of general circulation printed, published representing the City of-Huntington Beach,'Califarma,dii that it fail
ind circulated in the said County of Orange and elsewhere and to represent (iitizens:`in the;more'popul"ous;areas:of the.:city In:orde
)ubiished for the dissemination of local and other news of a general to provide adequate representation the amendments 'are designed t,
fhnracter, and has a bona fide subscription list of paying subscribers, create.council-:districWWak, on;fhe number ouregistered—voters,'i:
and said paper has been established, printed and published in the the,city"and provide a—,.—'system of:'electizg councilmen from district
State of California, and County of Orange, for at least one year next of approximately equals sye.
Before the publication of the first insertion of this notice; and the In addition it is t belie€ of, the undersigned that the xxiayor
;aid newspaper is not devoted to the interest of, or published forthe wh6ls the Highest office"of the eity shQttld be chosen by.a vote.o
ntertainment of any particular class, profession, trade, calling, race
)r denomination, or any number thereof. the°people of the entire city so that he nay better represent them.
Because of the alteration of tho eity"council And-the.Gffice of Ahi
The Huntington Beach News was adjudicated a legal newspaper mayor, it is also necessary to change prov�srcns o€ .tile charter re
>f general circulation by Judge G. K. Scovel in the Superior Court lating to legislative procedures to bring. then-into -line wkth' .thy
A Orange County, California August 27th, 1937 by order No. A-5931. amended"charter.
DATED: Huntington Beach Caixfor ail a November:4, 19
Bradford J.Mock, 15162 Newcastle Lame 142rs:J H Menees;',1514:
That the NOTICE OF INTENTION TO CIRCULATE Newcastle Lane; Mrs. Prim Balantont 621 Albion Drive; T A Blake
505L�=Sisson:-Dri e John_J Waterman, Jr 9 1 Chesapeake Lane
TTITION TO AMEND 1950 CITY CHARTER Robert F. Gervars 39586 Cornwall -Drive.; Richard Salt Oden,` 935:
Tahiti "Brazney, .6621'Oxford Drive,-Zoe E. Ralph
>f which the annexed is a printed copy, was published in said news- n
s�41rzeslalxd l7xve
One Issue
Japer at least -
ommencing from the 5th day of November
064 , and ending on the 5 t h day of November
.9 64 both days inclusive, and as often during said period and
times of publication as said paper was regularly issued, and in the
•egular and entire issue of said newspaper proper, and not in a
supplement, and said notice was published therein on the following
ta.es, to-wit:
November 5 , 1964
ublisher
Subscribed and sworn to before me this Lk/ day of
19 L c
Notary Public ll
THOMAS D. WJv,LLIE range County, California _
'NOTARY PUBLIC, CRA.NGE COUNTY, CALIF.
My Commission Expires Sep . 13, 1966
City of Huntington Beach
County of Orange
State of California
Q
F
C�ff ibabit of Publiratialt
of J. S. FARQUHAR
Publisher Huntington Beach News
Filed
Clerk
By
Deputy Clerk
75
44
75,
14 �11,e
CITY OFRUNTINGTON BEACH,
PETITION TO THE CITY COUNCIL OF HUNTINGTON
BEACH, CALIFORNIA, SUBMITTING A PROPOSED
AMENDMENT TO THE 1950 CHARTER.
TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH, CALIFORNIA:
Pursuant to Section 4001, California Election Code, Article XI,
Section 8 of the Constitution of the State of California, and the attached
published Notice of Intention, we, the undersigned, more than fifteen (15)
per cent of the registered voters of said City, hereby present this
petition and request that the following proposed charter amendment be
immediately submitted to a vote of the people at a special election to be
held within 60 days.
ARTICLE IV - ELECTIONS
Section one shall be amended to read:
Section 1. The City Council of Huntington Beach shall consist of a mayor,
and six members of the city council. The mayor shall be elected by the
qualified voters of the city at large and the six members of the council
shall be residents of and elected from individual council districts by
the qualified voters of the individual districts.
Section 6 shall be amended to read:
Section 6. All elective offi--rs holding office when this Charter
amendment takes effect shall continue -to hold office and exercise their
respective offices until the election and qualification of their
successors, and said officers shall be entitled to re-election.
Section 7 shall be amended to read:
Section 7. Within not more than sixty (60) days, nor less than thirty (30)
days, after the approval of this Charter amendment by the Legislature of
the State of California, the City Clerk shall call an election to fill the
office of mayor and the offices of the six councilmen. In the first
instance the councilmen from Districts 1, 3 and 5 shall be elected for a
two year period and subsequent thereafter for a four year term. Whereas,
councilmen from Districts 2, 4 and 6, and the mayor shall be elected for
a four year term at the first and succeeding elections.
Section 8 and 9 shall be added to Article IV and provide:
Section 8. The individual council districts shall elect a person to the
council who is at the time of his election a registered voter in the council
district he shall represent. In the event that because of the changes in
the boundries of any district any councilman no longer lives in his district
he shall remain in office until the end of his term.
The boundries of the original districts shall be as follows:
District 1. Starting at the point where Newland intersections with the
City line at the Pacific Coast Highway running north along Newland to
Adams, then west along Adams to-the -western side of the Southern Pacific
Railroad tracks,'running north along the Railroad tracks to Gothard
going nort-hvest_.to Ellis following Ellis west- to Edwards at the City line,
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then along the city line south, west, and -south to the. Pacific Coast
Highway, then along the Pacific Coast Highway and .the City line to.the
starting point at Newland Avenue: .
District 2. Starting at the point where Newland intersections with the
eitg line at the 'pacific Coast Highway running north along Newland to Adams,
then east on Adams to Cannery, tban'mckth-along Cannery to Yorrktown, than
east on Yorktaim to Bushard, then Xorth an Bushard to the city lines at-Gar-
f ield f' then east-a2tnag Garfield and-the city line to the poLut where :the city
lim giw seutht then south along the elty 1inO to tho P if is Coast Hi way.,
and along the Paottia'Coast HUbvoW od the city line northwest to the
starting point at Newland.
District 3. Starting at the point on Talber where the Southern Pacific
Railroad tracks intersect running north along the western side of the
railroad tracks to Slater then east on Slater to Beach, then north on
Beach along the city lines as it turns west4and then north, then west to
the railroad tracks, then south along the railroad tracks and the city
line to McFadden, then west along McFadden and the city lines, to
Golden West following Bolsa and the city line to Edwards then south on
Edwards to a point where Talber would intersect with Edwards if a
straight line were drawn along Talber to Edwards, then east on along the
line through Talber to the Western side of the railroad tracks and the
starting point.
District 4. Starting at the point where Adams intersects with Cannery
running north along Cannery to Yorktown, then east on Yorktown to Bushard
intersect with Garfield at the city line, west on Garfield following the
city line west, then north to Wintersburg east along the city line, then
north along Cannery and the city line to Heil then west along Heil to
the City line to Beach, then south on Beach to Slater, then west on
Slater to the west side of the Southern Pacific Railroad tracks, then
south along the west side of the railroad tracks to Talber, then west in
straight line to Edwards, then south on Edwards to Ellis, then west on
Ellis to Gothard, then southeast on Gothard to the Southern Pacific
Railroad tracks running south along the western side of the railroad
tracks to Adams, then east on Adams to Cannery.
District 5. Starting point at Slater and Edwards, then west on Slater
to Springdale, then north on Springdale to Edinger then west along
Edinger and the city line to Rancho Los Alamitos following the city line
southeast and following its sinuosities northwest then southeast along
the city line to warner then along Warner and the city line following
all the sinuosities of the city line in a generally easterly direction
to the point on Edwards where a straight line drawn from Talber would
intersect Edwards, then North on Edwards to the starting point.
District 6. Starting point at Slater and Edwards, heading north on
Edwards to intersection with the Southern Pacific Railroad tracks, then
in a generally westerly direction along the city line to Rancho Avenue,
then along the city line and R ncho Avenue southwest to Bolsa Chica,
'.then along Bolsa Chica and the city line south to Edinger, then east
along Edinger to Springdale, then south on Springdale to Slater, then
east on Slater to the starting point.
Section 9. On or before the first day of October, 1969, and on or
before the first day of October of each fourth year, thereafter, the
council shall by ordinance redistrict the city into six districts for the
purpose of- electing councilmen therefrom, as contemplated in this charter.
Said districts, so revised and fixed from time to time, shall comprise
as nearly as practicable an equal number of registered voters as
determined by the records of the Registration of Voters of Orange County
on file with the Registrar of Voters of said County, and bounded by
natural boundries, street lines or similar destinc.t boundries as are
practicable. Any territory hereinafter annexed to or consolidated with
said city of Huntington Beach shall at the time of such annexation or
consolidation be added to an adjacent district or districts by the
council by ordinance.
ARTICLE V - LEGISLATIVE POWERS
The first three paragraphs of Section 2 shall be amended to read:
Section 2. Council. The council shall be composed of seven members,
including a Mayor, and shall be, the legislative body of the city, each
of the members of which, including the mayor, shall have the right to
vote upon all questions before it.
The members of the City :Council shall be elected as in this charter
provided, atnd shall hold office for four (4) years and until their
successors are elected and qualified.
Any vacancy occurring-in the council shall be filled by the remaining
councilment from the registered voters in the district where the vacancy
shall occur but in the event that said remaining councilmen fail to fill
such a vacancy by appointment within thirty (30) days: after the vacancy
occurs, they must immediately cause an election to be held to fill such
vacancy; provided, however, that any person appointed to fill such
vacancy shall hold office only until the next regular municipal election,
at which date a person shall be elected to serve for the remainder of
such unexpired term.
The first paragraph of Section 3 shall be amended to read:
Section 3. Meetings. Regular meetings of the City Council shall be held
on the first Monday after the expiration of five (5) Pull days after
each municipul election, whether general or special..
The third paragraph of Section 3 .shall be amended to read:
Special meetings may be called at any time by the Mayor, -or by four
(4) members of the City Council, by written notice delivered personally
to each member at least (3) hours before the time specified for the
proposed meeting; provided, however, that any special meeting, without
the giving of such written notice, as above provided if all members of
the City Council shall give their consent in writing to the holding of
such meeting, and such consent is on file in the office of the City
Clerk at the time of holding such meeting. A telegraphic communication
from a councilman consenting to the holding of the meeting shall be
deemed to be a consent in writing within the meaning of the terms as
expressed in the foregoing sentence. At any special meeting the power
of the City Council to transact business shall be limited to matters
referred to in such written notice or written consent, all meeting of
the City Council shall be held within the corporate limits of the City
at such place as may be designated by ordinance and shall be public.
ARTICLE VI - LEGISLATIVE PROCEDURE
Section 2 shall be amended as follows:
Section 2. No ordinance shall have any validity or effect unless
passed or adopted by the votes of at least four of the persons consti-
tution the seven members of the City Council.
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The third paragraph of Section 5 shall be amended to read:
An emergency measure is an ordinance to provide for the immediate
preservation of the public peace, property, health or safety, in which,
the emergency claimed is set forth, and defined in the preamble thereof.
The affirmative vote of at least five (5) members of the city council
shall be required to pass an ordinance as an emergency measure.
ARTICLE VII - OFFICERS, DEPUTIES AND EWLOYEES
The first paragraph of Section 1 shall be amended to read:
Section 1. The officers of the City of Huntington Beach, California,
shall be seven members of the City Council, one of whom shall have been
elected mayor; a City Clerk, who shall be ex-officio City Assessor, a
City Treasurer, a City Engineer, who shall until changed by ordinance be
ex-officio Building Inspector and ex-officio Street Superintendent; a
City Judge, a Chief of Police, a City Attorney, a City Auditor, a City
Collector and a Fire Chief; provided, the Council may by ordinance
provide for such subordinate officers, assistants, deputies, clerks and
employees as they may deem necessary and may fix their respective duties,
powers and compensations.
The second paragraph of Section 3 shall be amended to read:
In the event of a vacancy occurring in the office of the mayor for any
cause, the Council shall have the authority to fill such vacancy until
such time as a general municipal election may be called to elect a new
mayor, provided; however, that if a vacancy also exists in the office of
the councilman, that vacancy shall first be filled in the manner provided
In Section 2, of Article V of this Charter.
Section 11 shall be amended to read:
Section 11. Qualifications of Appointive Officers. Except as otherwise
provided in this charter, all officers of the City shall have been a
resident and elector of the City of Huntington Beach, California for at
least one year next preceding his appointment; provided, however, that
this section shall be inoperative if it shall be determined by the vote
of at least six of the City Council that there is not a person with such
a length of residence who is otherwiep ginlAfied for and acceptab a to
flU said office and who wJ.D accept the same.
PETITION TO AMZND
THE 1950 CITY CHARTER
OF HUNTINGTON BEACH
Name Address ) Date
1.
2.
3•
4.
5. -
69
7•
8. .
9•
10.
11.
12.
13.
15. ..
16.
17.
18.
19.
20.
21.
22.
,5.
26.
2T,
30.
31.
32.
33•
34.
35.
Affadavit appearing on reverse side of this page is a part hereof.
AFFIDAVIT OF PERSON CIRCULATING INITIATIVE_
PETITION
State'.of California .. ,... _ .. _ ._.... _. ..,
Ss.
County of Orange ) _
_. . being duly .
sworn, deposes and says:
I am the person who circulated the attached f
initiative petition. All of the signatures thereon were
made in my presence upon the date shown after each. To the
best of my information and belief each signer' is a
registered qualified voter of the City of guntrington Beach,
State of California, and each signature is the genuine
signature of the person whose name it purports to be.
I am, and at all times while circulating the
said petition was, a registered qualified voter of said City
of Huntington Beach. My residential voting address is
Dated this day of , 196"..
Subscribed and -sworn-to before me_
this day of , 1963 .
Notary Public in and for said county &. state.. .
&&&&&,&&&&&&