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HomeMy WebLinkAboutProposed Amendment to City Charter Delete Section 607 Ta REQUEST FOR CITY COUNCIL ACTION Date August 1, 1994 Submitted to: Honorable Mayor and City Councilmembers Submitted by: Dave Sullivan, City Councilmember Prepared by: Subject: Dave Sullivan, City Councilmember AMENDMENT TO CITY CHARTER SS 607 TO DELETE Rao (o(o ;LI SECTION 607 (B) 2 I A,&, (o Co a' Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception AA cj (* (a Z3 A& 4A0 P Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: City Councilmember Dave Sullivan proposes that a Charter Amendment be made to the Huntington Beach City Charter SS 607 deleting Section 607 (B) 2, revoking authority to tax property to meet obligations of the city for the Public Employee's Retirement System (PERS), in which the city participates. This Charter Amendment shall be placed on the November 8, 1994 ballot for voter consideration. RECOMMENDED ACTION: Approve Resolutions, G�.�� , & G(O23 and thereby authorize a ballot measure to amend City Charter Section 607(b)2, thus revoking authority to tax property to meet obligations of the City for the retirement system in which the City participates. ANALYSIS: In 1966 a new Charter granted the use of property taxes to meet obligations for the Public Employee's Retirement System. This was pre-Proposition 13, a time when citizens had little input into how they were taxed and Huntington Beach had a much smaller population. The tax is identified merely as"city debt" on the property tax bill. Citizens had no idea what this tax was for. Since an alert citizen first discovered this tax, there has been an outcry by other citizens as they too learned that the property tax is used to pay for employee retirement. PIO 5/85 PERS BALLOT RCA August 1, 1994 Page -2- Huntington Beach is the only city in Orange County that has this tax. No city can add such a tax, since Proposition 13. All other cities in Orange County have to fund their retirement systems via the General Fund. In Huntington Beach, this unknown tax has been, in effect, a hidden slush fund which has allowed uninformed budgetary choices. The many city residents who were not here when this tax was adopted should have an opportunity to approve or disapprove of this tax. FUNDING SOURCE: ATTACHMENTS: Resolutions DS:paj REQUEST FOR CITY COUNCIL ACTION Date August 1, 1994 Submitted to: Honorable Mayor and City Councilmembers Submitted by: Connie Brockway, City Clerk Prepared by: Connie Brockway, City Clerk CS Gail Hutton, City Attorney Subject: GENERAL MUNICIPAL ELECTION RESOLUTIONS RE: CITY CHARTER AMENDMENT PROPOSED BY LEGISLATIVE BODY TO ELIMINATE A PROPERTY TAX WHICH IS ASSESSED TO MEET ALL OBLIGATIONS OF THE CITY FOR RETIREMENT SYSTEM IN WHICH CITY PARTICIPATES Rom, `G zl /Nr ADO P T-0,0 Consistent with Council Policy? [X] Yeses �,6�� [] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The attached two resolutions will place a measure, proposed by the City Council, to amend the Huntington Beach City Charter by eliminating the authority for a property tax which is assessed to meet obligations of the city for the retirement system in which the city participates. The resolutions will call the election for the measure and request the Board of Supervisors of the County of Orange to consolidate the election relative to the proposed measure with that of the Statewide Election pursuant to Section 23302 of the Election Code. RECOMMENDATION: Adopt: Resolution No. G`2/ - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 1994, FOR THE SUBMISSION TO THE VOTERS THE QUESTION RELATING TO A CHARTER AMENDMENT, ELMNATING A PROPERTY TAX THAT IS ASSESSED TO MEET OBLIGATIONS OF THE CITY FOR THE RETIREMENT SYSTEM IN WHICH IT PARTICIPATES." Adopt: Resolution No. lv o ?2 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 1994, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE FOR THE PURPOSE OF SUBMITTING TO THE VOTERS THE QUESTION RELATING TO A CHARTER AMENDMENT PROPOSED BY THE LEGISLATIVE BODY, ELIX[INATING A PROPERTY TAX WHICH IS ASSESSED TO MEET OBLIGATIONS OF THE CITY FOR THE RETIREMENT SYSTEM IN WHICH THE CITY PARTICIPATES." REQUEST FOR CITY COUNCIL ACTION GENERAL MUNICIPAL ELECTIONS August 1, 1994 Page 2 of 2 ANALYSIS: The City Charter provides for city elections to be held pursuant to the State Election Code. These resolutions comply with state code and must be adopted to submit to the voters the question relating to a charter amendment eliminating a property tax which is assessed to meet obligations of the city for the retirement system in which the city participates ALTERNATIVE ACTIONS: Council may choose to not adopt resolutions. FUNDING SOURCE: Election account no. E-AA-CK-141-2-22100 ATTACHMENTS: Resolution No. Resolution No. CB:IntbmemVca2.doc RESOLUTION NO. A RESOL TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, C IFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING O A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NO MBER 8, 1994, FOR THE SUBMISSION TO THE VOTERS THE Q STION RELATING TO A CHARTER AMENDMENT, ELI IINATING A P OPERTY TAX THAT IS ASSESSED TO MEET OBLIGATIONS OF T CITY FOR THE RETIREMENT SYSTEM IN WHICH IT PARTICII'A S. WHEREAS, under the pro'v I s of the Charter, a Municipal Election shall be held on November 8, 1994, for the elect n of Municipal Officers; and WHEREAS, the City Council also d ires to submit the voters at the election a question relating to a Charter amendment eli ating a property tax that is assessed to meet obligations of the city for the retirement sy em in which it participates; NOW, THEREFORE, THE CITY COUNC OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RE OLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its ht and authority, does order submitted to the voters at the General Municipal Election the llowing question. Shall the Huntington Beach City Charter be amended to eliminate a Yes property tax which is assessed to meet obligations of the city for the retirement system in which the city participates? No SECTION 2. That the proposed measure to the voters is attached as Exhibit SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. amend/jmm/7/29/94 SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.,. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election , in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON 19 Mayor ATTEST: APPROVED AS TO FORM: City Clerk -City Attorney TAd WED AND APPROVEDDministrator amend/jmm/7/29/94 Exhibit "A" Section 607. TAX LIMITS. (a) The City Council shall not levy a property tax for municipal purposes in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this section, unless authorized by the affirmative vote of a majority of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is submitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition. (b) There shall be levied and collect at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes tax not subject to the above limitation, if no other provision for payment thereof is made: 4- A tax sufficient to meet all liabilities of the City of principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2. A tax suffleient to meet all obligations of the City fer the Ystefn in €iseal-yeah (c) Special levies, in addition to the above and not subject to the above limitation, may be made annually, based on City Council approved estimates, for the following specific purposes, but not to exceed the following respective limits for those purposes for which limits are herein set forth, to wit: parks and recreation and human services not to exceed $0.20 per One Hundred Dollars; Libraries not to exceed $0.15 per One Hundred Dollars; promotional interests and cultural affairs not to exceed $0.07 per One Hundred Dollars; and civil defense and disaster preparedness not to exceed $0.03 per One Hundred Dollars. The proceeds of any special levy shall be used for no other purposes than that specified. RESOLUTION NO. 2 A RE UTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, ALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE CO TY OF ORANGE TO CONSOLIDATE A MUNICIPAL ELECTION O BE HELD ON NOVEMBER 8, 1994, WITH THE STATEWIDE ENERAL ELECTION TO BE HELD ON THE DATE PURSUANT T SECTION 23302 OF THE ELECTIONS CODE FOR THE PURPOSE OF S MITTING TO THE VOTERS THE QUESTION RELATING TO A TER AMENDMENT PROPOSED BY THE LEGISLATIVE BOD , ELMNATING A PROPERTY TAX WHICH IS ASSESSED TO MEET BLIGATIONS OF THE CITY FOR THE RETIREMENT SYSTE WHICH THE CITY PARTICIPATES. WHEREAS, the City Council of e City of Huntington Beach called a General Municipal Election to be held on Novembe , 1994, for the purpose of the election of four Members of the City Council and a City torney; WHEREAS, the City Council is submitting the voters the question relating to a Charter amendment eliminating a property tax which i assessed to meet obligations of the city for the retirement system in which it participates; an WHEREAS, it is desirable that the General municipal lection be consolidated with the Statewide general election to beheld on the same date and t t within the city the precincts, polling places and election officers of the two elections a the same, and that the county election department of the County of Orange canvass the ret rns of the General Municipal Election and that the election be held in all respects as if the a were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: consol/jmm/7/29/94 SECTION 1. That pursuant to the requirements of Section 23302 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 8, 1994. SECTION 2. That a measure is to appear on the ballot as follows: Shall the Huntington Beach City Charter be amended to eliminate a Yes property tax which is assessed to meet obligations of the city for the retirement system in which the city participates? No SECTION 3. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Huntington Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. consol/jmm/7/29/94 SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of , 1994. ATTEST: Mayor City Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED �yCity Attorney 0 � City Administrator consol/jmm/7/29/94 [Can CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator C-a Cl N z FROM: ROBERT J. FRANZ, Deputy City Administrator m C, w ^"rrnn SUBJECT: BALLOT MEASURE, FIS 94-49 PJ C, -� DATE: JULY 28, 1994 C.o` If the City Charter were amended by a local ballot measure to eliminate Section 607(b)(2), which authorizes a property tax levy to fund the retirement costs, General Fund Revenues would be permanently reduced by an estimated $6,250,000 per year. As you know, estimated General Fund revenues for 1994/95 are $94,256,887. If the Charter provision was eliminated for Fiscal Year 1994/95, therefore, General Fund revenues would be _reduced to $88,006,887. ........ ......- - . ....... ......... . ...... ............. 1.99 /95`Gener..al Fund Revenues Estimated Revenues $ 94,256,887 Less Retirement Tax Revenue - 6 250 000 General Fund Revenue without $ gg 006.887 Retirement Tax Revenue The current estimated fund balance (reserve) for the General Fund is roughly $7 million. If no changes to other expenditures or revenues were made in conjunction with the elimination of the retirement property tax levy, the reserve would be reduced to an estimated $750,000. This would be a reserve of 0.9%. The City's Fiscal Policies require a 3 to 5% reserve and also require ongoing revenues and expenses to be balanced. Therefore, expense reductions or additional new revenues totaling $6,250,000 would need to be implemented to be consistent with the Fiscal Policies OBERT J. FRANZ Deputy City Administrator RJF:skd Attachments 0004927.01 07/29/94 11:13 AM Attachment A Background: A separate property tax levy for retirement indebtedness was authorized by City voters in 1966. The tax levy pays for a portion of the City's retirement costs. 70% of the costs were covered in Fiscal Year 1977/78. 42 to 68% of the costs have been covered by the levy in the years since 1977/78. Huntington Beach Property Tax Levy - Retirement Indebtedness 1977/78- 1994/95 Tax Levy Property Tax Retirement Revenue:as Fiscal Year Per$100 A.V. Revenue Costs % of Cost 1977/78 0.16610 $1,418,858 $2,026,098 70.0% 1978/79 0.13650 1,135,385 2,509,196 45.2% 1979/80 0.14330 1,338,341 3,193,121 41.9% 1980/81 0.14330 1,607,826 3,584,726 44.9% 1981/82* 0.03729 1,978,715 4,028,308 49.1% 1982/83 0.04930 2,792,077 4,329,797 64.5% 1983/84 0.04930 2,994,942 4,543,000 65.9% 1984/85 0.04930 3,299,596 6,870,908 48.0% 1985/86 0.04930 3,440,683 6,911,625 49.8% 1986/87 0.04930 3,773,584 7,097,000 53.2% 1987/88 0.04930 3,929,922 7,134,000 55.1% 1988/89 0.04930 4,592,276 6,817,910 67.4% 1989/90 0.04930 4,867,552 7,375,289 66.0% 1990/91 0.04930 5,230,891 8,162,283 64.1% 1991/92** 0.04930 6,116,356 8,949,277 68.3% 1992/93 0.04930 6,118,857 9,833,755 62.2% 1993/94(est) 0.04930 6,254,330 9,745,290 64.2% 1994/95 (proposed) 0.04930 6,250,000 9,300,000 67.2% * Rates were reduced in 1981/82 due to the County changing Assessed Value to equal 100% of market value. Prior to 1981/82 Assessed Value was set at 25% of market value. ** Revenue prior to 1991/92 excludes delinquent payments, interest, and miscellaneous revenue categories. RETRMT.XLW 7/28/94 Attachment B Typical Property Tax Bill Huntington Beach Homeowner Assumptions: Tax Rate Area: 04-007 Assessed Value $197,184 Homeowners Exemption $7,000 Net Taxable Value $190,184 Amounts Levied By Taxing Agencies: AGENCY 1993/94 LEVY Without Retirement Levy . .................. ....... ................................ Amount P fti. . .... ....... Amount C i�p ............ ... ....................................... ......................................... ............. .......................... .. ..............................................%........................... ............................................. .......................................... ................................................................................ ................. .............. ....................... .................... ............................................. ............. ........... ...... Basic 1.00% Levy $1,901.84 ­'�........ $1,901.84 ...... .................. .................... ... ................... ................... ................ ............................. ....................................... ................... .. .......................................... ........................ ............... ....................... X�.. ....................................%.......................... .................................... ................................................ ...................... ..................... ......................................... ................................................................................ . ................................ ......................................... .............................................................................. ........................ ......................................... . . ............... .::................................................. ....................%...................... City Indebtedness: ..... ................... ........................................ ..... ............................... .........- ........ .............. ................................... ........ ............... ......................... ........................................ ..................... ..... . ... ....................... ................................. ................ Retirement Indebtedness(0.0493YS) 93.76 :' 0.00 ......................... ... 2... 1970 Park Bonds(0.0039Yo) 7.42 7.42 .............................................. ......... ...................... ..................... .. .. .................. .. .... .............. ........ Total 01.18 7.42 ............... ....... . .... ........ ................ ..................... ......... ...................-................... ......... ....................-.................... ................­­..................... ......... ............... ........................ .............. ........................ ....................... ........... ...................-....................-...................................... ....................-.. .......... ......... .................................. .......... ............ ..... ................. Ocean View School District-Building Aid 80.26 :"'.0 0. ve": 80.26 ............... ................ ........... ........................................................................... ......... ................... .............................................. ...................................................... ........................................ ........................................................ ............... ...... ......................................... .................. ........................... .......... ........................... ........................................ ................... ......................................... ...................................... ............................... ................ 0, ......................... Orange County Sanitation District Fees 60.37 60.37 ........................................ ...... ............................ ................. .......... ............... ...................... ................................................... .... ............... ............. ....... .....................X.. ..................... ..... "M W D: Water Standby Charge 10.08 .. .. 10.08 M ............................... ................................................... ........ ............................ .............-. .................. .............._­­.................... ....... ........................................... .................................................... .................. ................ ......................................... .................. ....................................................................................... ................ ................................ 16.92 _........................:%.::..::.:.:.:.:.:::: .;.v ::::: ...M W D: Other 16.92 ...... a .................................. ................ ................................. ......................................... .................................... ..................... ......................................... ............................................... ................... ..................................... ..................................................... .................. 0... ..................... ........... ..... .. .... ......-....................... Vector Control Assessment 3.18 ......................... 3.18 .................................................................. ............................................................... ...................... - ................................ ...............-......................... .... .. ........ ............................... ........... ............ ......................... ........... ............................. ...........-. ................. ........................ ................... .............. .......... ....................................... ... ....... ........... ................................ High School-Building Aid 1.41 1.41 .00: .0 ::::: ................ ................. ................ ................ ........... ..................................... .................... ...................................... ................................. ................... ......................... ................................ ............... ................. Flood Control Bonds 1.29 1.29..... :.. .00... .............................0.......... ......... .... ....................... ...................%.......... .............................. .............. ............. ......................................... ................. ...... .................................................. . .......... . ......... ......... ....... ........................ .................... ............................ ........................ ........................ .......................................... .......................... ...... ................. County Improvement Bonds 0.25 0.25 .................. ................... ............. .......................................... ............................................................. .................... ..................... ................ .................. ....................................... ................................................................................... .............. .................. .................................. ............ ..................................................... ......................... $2,176.78 $386.45 $2,083.02 $292.69 Reduction -4.3% -24.3% RETRMT.XLW 7/28/94 Attachment C California Cities Having a Property Tax Levy for Retirement Indebtedness Albany Monrovia Oakland Montebello Richmond Monterey Park Coalinga Redondo Beach Fresno San Fernando Eureka San Gabriel Alhambra South Pasadena Bell Whittier Beverly Hills Fairfax Burbank San Anselmo Compton Huntington Beach Culver City Riverside El Monte Sacramento El Segundo Rialto Glendora La Mesa Huntington Park Stockton Inglewood Santa Barbara Long Beach Watsonville Los Angeles Cloverdale Lynwood Santa Rosa Manhattan Beach Oxnard Maywood Source: State Controller's Office publication: Ad Valorem Property Tax Rates Levied in Excess of the 1% Tax Rate Limitation -Fiscal years 1985/86- 1987/88 (No longer published) taxret.doc 07/28/94 Attachment D Property Tax Levies in addition to the 1% Basic Levy (1993/94) Orange County Cities Background: Proposition 13 limits property tax levies to 1%of Assessed Value,with some exceptions. The 1%Basic Levy is shared by all pre-Proposition 13 taxing agencies,primarily cities,counties,and school districts.The City of Huntington Beach receives 14.8%of the basic levy. In addition,cities can levy taxes above the 1%levy,or levy assessments on property,by following procedures outlined in State law. Following is a chart listing taxes and assessments levied by Orange County cities in 1993/94. (Does not include taxes or k,assessments levied by and paid to the county, school,orspecial districts.) i Taxes Assessments Cities listed from high to low in terms of amount of levies and assessments above 1% m w basic levy per $100 Assessed Valuation. N m C CN N a 0 C C dcc CD 2 6 C N ,d+ N � d E N >_ �p _ 'D C f0 9 d CI m ° 10 m °' W 1° 07 .° 0D ° a .t. Annual Revenue Per $100 A.V. Per Capita city o= m a. n. J _1 cL OC 0 m 0 p Placentia I . $.,........._........_ ... ,... .._..........:.._ ., 7;380.198. 0.233 $300.01 :........;.................. :_.__.•._..__ __.....i._........._ ... _ i Tustin �It € alt... 6i523,255` 0.221 $1 19.17 San Clemente ' * 5295,360 0.142 $125.59 ,.........�.................... ..........,.......;_._._.. ;..._......_..;........ Yorba Linda I € € s € 4;615,800 0.134 $88.14 :........;........._........_.........: :.............i__...__...._i Stanton € * I v.. ......_.. * 1.054;828.; 0.121 $33.65 Mission Viejo € € _ 6393 568. 0.108 $84.68 _.._;...._....;........ Irvine l i >� I 14225 349: 0.102 $138.90 :........s.........�........;.........< :. .. Laguna-Niguel I i i _ .. _ _..__.. ...___. _ 4;785 681: 0.093 $70.65 >..__..,....._...._.._._..._. >..............._..-._....;........:-.._...«..._.:......... Brea 's, _I _ 1.;404 606` 0.087 $41.87 San Juan Capistrano 1689 853 0.078 $62.35 :.___i_.._...L._._..:.........: i_...._.L._.....i....__4.__.3..__...t.__..i_..__..G._.._._t..........i..........:-. �--.- Laguna Hills [ 1i66Z,353 0.074 $72.69 .. ................................... Cypress �Ic t 1.72835.1 . 0.074 $39.09 ,...._...,__....,_..._r. _,._. r• 3;211,003>: 0.069 $21.69 Garden Grove € La Palma 454,580 0.064 $29.55 Huntington Beach € M° € l 0 6 371,953 0.056 $33.25 Orange .........« - _. _ .__..;.._*.., 2,807,192 0.045 $24.90 :._.....i....._. ........i.........: :........ Lake Forest € € € € 1.351 698 0.039 $23.31 ,..._...,............... ,_........ >..._ •_- --__................-i_...._..........;...........i_........:._..... ....-- Costa Mesa € [ I I l € '1 834;256 0.029 $18.61 ._..............._........-•---- ....................................._;.........r. Anaheim * € € - 3,392,988: 0.025 $12.80 >._.._.i..."__s_......i.........: :._._...c__...i_.......:.........i._.....i..........._.._.....................i ..... .... ...... Westiminster € jlt 551 8I0 0.020 $6.90 «.. ............. Los Alamitos t� € 109 184 0.015 $8.96 Seal Beach 739,937< 0.008 $5.58 :............._�........s.._.... s Dana Point _ _ _ -... _ ---- - 272,214 0.008 $8.53 ..........................»_.._.... >.........._................................_....i..........i...._...I........... ...... Santa Ana - € I 395625: 0.005 $1.30 ;...._.........;........ Newport Beach € € i - - _ 262,936 0.002 $3.71 .....�...... __.�.........: :..__ •.._..•..__.:._...i._ Villa Park - __ . _ .... = 7 176 0.001 $1.13 Buena Park ' 12,457 : 0.000 $0.18 ..............._.r...._.;.._._..; : ......... ..;...._...._....._. Fullerton _. _ ._. _.._; * 9,537 0.000 $0.08 :.................:..................< .......... La Habra ': �Ic 3,482. 0.000 $0.07 Fountain Valley 0 0.000 $0.00 _........._......__.......... .........._........:.._ _......:......_.........:..........:..........:_...._..:.......... Average 0.068 $47.93 Huntington Beach compared to Avery a -17% -31% Note : Revenue is for Secured Tax levy only, which represents 90% of the total Property tax levy, on the average. RETRMT.XLW 7/28/94 r 19�� 4 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator N =' FROM: ROBERT J. FRANZ, Deputy City Administrator Q - m f� Z4-<A e c1 rn SUBJECT: ADOPTION OF TAX RATE - 1994/95 y ►.z n rn DATE: JULY 29, 1994 c� Attached is a draft of the RCA for the August 15, 1994 City Council Meeting adopting the City's tax rate for 1994/95. The following points are important to keep in mind in regards to this annual process to adopt the tax rate: 1. Action to adopt the tax rate cannot be taken until the City receives the 1994/95 Assessed Valuation data from the County. This typically arrives between August 10 and August 20. 2. The tax rate must be adopted by August 31 of each year if the rate is being changed. City Charter Section 606 automatically fixes the rate at last year's levy if no action is taken to change the tax levy rate. In 1994/95 this would result in a tax levy that would generate $536,000 more than needed. 3. In regards to the retirement tax levy, State law prohibits an increase in this portion of the tax levy. Therefore, any reduction in the levy is permanent. Please let me know if there are any additional questions. AROBT J. FRANZ Deputy City Administrator RJF:skd Attachment 0004942.01 07/29/94 11:26 AM REQUEST FOR CITY COUNCIL ACTION DATE: August 15. 1994 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: ADOPTION.OF TAX RATE FOR 1994/95 Consistent with Council Policy: [ ✓ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments STATEMENT OF ISSUE: The City Charter states that There shall be levied. . ., if no other provision for payment thereof is made,. . .a tax sufficient to meet all obligations of the City for the retirement system in which the City participates, due and unpaid or to become due during the ensuing fiscal year." The 1994/95 proposed budget includes estimated revenue of $6,250,000 from a continuation of this tax to fund 67% of the retirement costs of the City. The balance of the retirement costs are proposed to be paid from other City revenues. - RECOMMENDATION: Adopt Resolution setting the tax rate for Charter approved indebtedness. ANALYSIS: Article 13-A of-the California Constitution allows cities to levy property taxes for voter-approved indebtedness. In past years, the City levied two rates, one for bonded indebtedness and one which pays for a portion of Charter approved retirement costs. For 1994/95 there will be sufficient funds in the 1970 Park Bond Fund to pay all of the remaining debt service on these bonds. Therefore, no additional levy will be required for the bonds. The only levy required by the Charter in 1994/95 is for retirement indebtedness costs. This levy is limited to the lower of the amount currently levied or the amount levied in 1984/85. In our case, the amounts are the same. The levy currently covers about 67% of the City's estimated retirement costs for 1994/95. Adoption of the recommended resolution will reduce property taxes.paid by property owners- by $536,861_ in 1994/95. This reduction is.-the amount of.the annual tax revenue_ for the 197G Park Bonds which, as described above, no longer needs to be collected. REQUEST FOR CITY COUNCIL ACTION ADOPTION OF TAX RATE FOR 1994/95 1993/94 Actual 1994/95 Recommended Rate* Tax Revenue. Rate* Tax Revenue; 1970 Park Bond 0.0039% $ 536,861 0 0 Retired Indebtedness 0.0493% $ 6,254,330 0.0493% $ 6,250,000 Totals 0.0532% $ 6,791,191 0.0493% $ 6,250,000 *Rate expressed as a percentage of Assessed Value. FUNDING SOURCE: The revenue generated from the recommended levy is $6,250,000 of the General Fund estimated revenue of$94,256,887 for fiscal year 1994/95. _ ALTERNATIVE ACTION: 1. Do not levy a tax to fund retirement indebtedness.costs. The revenue loss would be over $6 million in revenue in the General Fund for 1994/95 and each year thereafter. If the levy is eliminated or reduced, State law prohibits reinstatin4 or increasing the levy in future years. 2. Levy an amount less than the recommended levy. If this is -done, -the City - General Fund will permanently lose the difference in annual revenue lost by the reduction. Note: To be consistent with Charter requirements, alternative 1 or 2 can be selected only if the City makes ". . .other provisions_ for payment. . ." of the obligations for retirement costs. The proposed budget for 1994/95 makes no provision for payment of these obligations other than use of the $6,250,000 estimated revenue from a continuation of this proposed levy. Therefore,- if either Alternative 1 -or 2 is selected , action needs to be taken to direct staff on how to make provision to pay the $6,250,000 in 1994/95 and future years. ATTACHMENTS: 1.- Resolution 2. Typical Property Tax Bill -3. Tax Rate/Levy History- - 4.. Retirement Tax Levies-California-Cities 5. Orange County.Cities - Levies/Assessments 6. Charter Section 606 and 607 OOQ4746.01 -2= -.07/29/9412:00 PM r City Administrator's Report RECEIVED FROM AND MADE A PART OF T ERE ORD AT THE COUNCIL MEETING OF -.2 4 OFFICE OF THE CI CL RK CONNIE BROCKWAY,CITY CLERK ..:•..... ours .,. H-7 Ballot Measure General Fund Property Tax Levy >v ::::yam: Slide 1 City of Huntington Beach Issue "Quality of Life" Environment Resources Declining Public Service Demands Increasing Slide 2 August 2, 1994 City Administrator's Report City of Huntington Beach ♦ Public Service Quality ♦ Low Crime ..... ♦ Police ♦ 13th Safest City ♦ Fire ♦ Low Taxes ♦ Marine Safety • 16th in Orange County ♦ Library $ '``"" ♦ Community Services ♦ Streets ♦ Water ♦ Sewer Slide 3 General Fund Property Tax Levy for Retirement Indebtedness ♦ Approved in 1966 by Voters ♦ Authorized by Proposition 13 ♦ Roughly 5% of Annual Property Tax Billings ±" 1 ♦ Generates $6,250,000 General Fund Revenue per Year ♦ Levied by 43 Cities in California Slide 4 August 2, 1994 City Administrator's Report Average Annual Property Tax Retirement Indebtedness Taxpayer Category Average Tax ♦ Residential $84 ♦ Commercial $785 ♦ Industrial $419 >a<' < ♦ Unsecured Assessments $43 ♦ Other Parcels $80 Slide 5 Allocation of Property Tax r •.. Revenue '<`':"^`<. County, Retirement Schools, 5.0% Districts 80. ° City Share of Basic Levy 14.5% Slide 6 August 2, 1994 City Administrator's Report City Retirement Costs (Annual) ♦ Employer Cost $5,347,166 ♦ Employee Cost (paid by City*) 4,398,124 { $9,745,290 *Implemented instead of Salary Increases in 1978 and 1980 due to Cost Savings: > < <`« ♦ 1993/94 Savings = $1,263,344 ♦ Total Savings since 1981 = $14,814,204 ♦ Savings due to Avoidance of Payroll costs for Salary Related Benefits, Overtime, etc. Slide 7 range County Cities that Pay 100% of Employee PERS Contribution r>' ♦ Anaheim ♦ Laguna Niguel w ♦ Brea ♦ Mission Viejo ♦ Buena Park ♦ Newport Beach ♦ Costa Mesa ♦ Placentia ♦ Cypress ♦ Santa Ana ♦ Dana Point ♦ Seal Beach �� <<�< ♦ Fountain Valley ♦ Stanton WIN ♦ Fullerton ♦ Tustin ♦ Huntington Beach ♦ Villa Park ♦ La Palma ♦ Yorba Linda ♦ Los Alamitos Slide S August 2, 1994 City Administrator's.Report Orange County Cities - Paying for Retirement Costs ♦ How do Other Cities Pay for Retirement Costs without a Special Property Tax Levy for Retirement Costs? < '"> "'' '' ♦Other Types of Taxes and Assessments Collected on the Property Tax Bill ♦Higher Sales Tax Revenue Than Huntington Beach Slide 9 City Sales Tax Revenue ♦ 26% Below Average for Cities in Orange County ♦ $5.1 Million per year of "Huntington Beach" Sales Tax revenue goes to other Cities such as: ♦Costa Mesa (South Coast Plaza) ♦ Newport Beach (Fashion Island ) ♦Westminster (Mall) Slide 10 August 2, 1994 City Administrator's Report Property Tax Bills Other Orange County Cities Type of Tax or Assessments # of Cities ; `." ♦ Street Lighting 18 ♦ Landscaping 12 ♦ Maintenance 5 <> ♦ Paramedics 2 " '�;`' ♦ Public Safety 1 ♦ Library 3 ♦ Sewer 3 ♦ Other Types of Assessments 20 ♦ Bonds 14 Slide 11 Property Taxes and Assessments - �. Additions to Basic Levy v� �.. ..� w�.:: :\v<: MJwty CrM O��n4w -----Huntington Beach sr w wvr rr.m 0% 5% 10% 15% 20% 25% Additional Levy as a% of Total Property Tag Bill Slide 12 August 2, 1994 City Administrator's Report Property Taxes and Assessments - Additions to Basic Levy ♦ Average Levy Per Capita of$47.93 in $50 $45 - Orange County $40 Cities $35 $30 <x ♦ Huntington Beach $25 �;,,:. Levy of$33.25 is $15 31% Below Average $10 ♦ City Ranks 16th in $o Orange County Ave HB Slide 13 General Fund Property Tax Revenue $3in Millions • rf k'' $25 $20 19.4 $15 .`:.z .• ..... $10 ,< *$5 Without Property Tax Levy $o 80 81 82 83 84 85 88 87 88 89 90 91 92 93 94 95 • Fiscal Year Slide 14 August 2, 1994 City Administrator's Report General Fund Budget $in Millions 100 97.7 966 94.2 ~ 95 6.6%Reducti 90 88.0 y�.4..`::i:'.'.'t:::2 85 80 92/93 93/94 94/95 Without Retirement Levy Slide 15 1995/96 Alternatives if Ballot Measure Adopted ♦ Expense Reductions: :> tiw4� ♦ Salary/Benefit Reductions (Following requirements of State Law-MMBA) ♦ Service Reductions x> > ♦ Revenue Increases: ♦ New or Increased Fees ♦ New or Increased Taxes ♦ Use Reserves (One-time Funding Source) ♦ Combination of Above Actions Slide 16 August 2, 1994 City Administrator's Report $6,250,000 Service Reduction Option A - Including Police/Fire City Council $16,135 City Attorney 92,143 City Clerk 31,752 City Treasurer 47,947 Administration 63,498 Administrative Services 274,470 Community Development 228,628 >z:#€<::>?»> Fire Department 1,037,654 •�:� Police Department 2,061,287 Community Services 444,242 Library 204,463 Public Works 1,017,820 Non-Departmental 729,960 TOTAL $6,250,000 Slide 17 $6,250,000 Service Reduction Option B - Excluding Police/Fire City Council $32,124 City Attorney 183,453 { <'' City Clerk 63,217 City Treasurer 95,459 Administration 126,421 Administrative Services 546,456 Community Development 455,187 »> `>'s'»#? # Fire Department 0 Police Department 0 Community Services 884,464 Library 407,076 Public Works 2,026,430 Non-Departmental 1,429,714 TOTAL $6,250,000 Slide 18 August 2, 1994 City Administrator's Report Impact of Service Reductions Option A ♦ Police Department $2,0611287 v, 4 ` � ♦Eliminations: •23.5 Full Time Positions • Helicopter Service ♦Crime Lab •Neighborhood/Business Watch ♦Dare Program ♦Program Reductions: •Gangs, Training, Narcotics,Vice Slide 19 Impact of Service Reductions Option A ,�, ♦ Fire Department $1,037,654 "`' ♦ Alternative 1: ♦ Eliminate HAZMAT •Eliminate Fire Prevention 'f •10 Safety &4 Non Safety Positions ♦ Alternative 2: • Eliminate one HAZMAT Engine •Eliminate 3 Battalion Chief Aide Positions •12 Safety Positions Slide 20 August 2, 1994 City Administrator's Report Impact of Service Reductions Option A ♦ Public Works $1,017,820 ,� ♦ Eliminate 12 Full Time Positions t:: , ... ♦ Delays in Inspections ♦ Eliminate Park Lighting Maintenance-31 Parks ♦ Reduce Street Patching and Cleaning r 4ti< ♦ Reduce Beach Parking Lot Maintenance ♦ Remove(vs. replace) broken Playground Equipment ♦ No Replacement of Street Trees ♦ Lengthen Maintenance Cycles/Reduce Maintenance: ♦ Parks, Medians, Lights,Vehicles,Buildings Slide 21 Impact of Service Reductions Option A r ♦ Community Services $444,252 .... ....., ♦Eliminate 10 Full Time Positions ♦ Eliminate Cultural Services Division ♦ Reduce Sr. Outreach Program <. ...... "' {{} ♦ Library $204,463 ♦Eliminate 2 Full Time Positions ♦Close 2 Branch Libraries ♦ Reduce Book Budget Slide 22 August Z 1994 City Administrator's Report Impact of Service Reductions Option A ♦ Community Development $269,748 fi "`'`'`"' ♦Eliminate 4 Full Time Positions ♦Sr. Planner, Code Enforcement, Plan .. .. .: Checker, Chief Inspector . ' 4A'' ♦ Administration $63,498 ♦Transfer 1/2 Position to Air Quality ♦ Eliminate all Temporary Employees ♦ Reduce Contracts,Conferences,Training Slide 23 Impact of Service Reductions Option A ♦ Administrative Services $274,470 < w ♦Eliminate 5 Full Time Positions •Accounting (2) ♦Real Estate (1) ♦Information Systems (2) ♦ Non Departmental $729,960 ♦Eliminate Conference Bureau Expense ♦Water Fund Pay for City Water Usage ♦ Reduce Electrical Consumption Slide 24 August 2, 1994 City Administrator's Report Impact of Service Reductions Option A N, ♦ City Treasurer $47,947 ♦Eliminate one Full Time and all Temporaries ♦ Revenue Losses ♦ Limit Business Hours/Phone Responses s • ♦ Reduced Recordkeeping Slide 25 Impact of Service Reductions Option A : : ;..v ♦ City Council $16,135 '` `"" " ♦ Dues, Memberships, Travel/conferences, or Compensation (Committee would Review) :_:: <:::::«::+5 ♦ City Attorney $92,143 ♦ Eliminate One Attorney ♦ City Clerk $31,752 Slide 26 August 2, 1994 City Administrator's Report General Fund - Number of Permanent Employees 1050 .� \.; 007995 996 •:,>.. 1000 957 950947 ... :���925 900 - * With Reduction of 75 employees 850 850 800 88189 89190 90191 91192 92193 93194 94195 Slide 27 City Staffing - 100 Largest Cities in United States ' Huntington Beach has Low Number ash•-:�:<~::fi>: ti``` of City Employees ♦ Total City Employees per Capita 3rd Lowest �4vv4tii±Ctiiiti<i?� I Police Officers per Capita 10th Lowest Firefighters per Capita 6th Lowest Slide 28 August 2, 1994 City Administrator's Report Summary ♦Potential Elimination of General ................. Fund Revenue - $6,250,000 {` *Short and Long Term Impact on Huntington Beach Slide 29 August 2, 1994 REQUEST FOR CITY COUNCIL ACTION Date August 1, 1994 Submitted to: Honorable Mayor and City Councilmembers Submitted by: Connie Brockway, City Clerk G15 Prepared by: Connie Brockway, City Clerk CPj Subject: RESOLUTION SETTING PRIORITIES FOR WRITTEN ARGUMENT REGARDING CITY MEASURE AND DIRECTING CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS Consistent with Council Policy? [X] Yes OqA& 6 lid 3 [] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF ISSUE: The City Council may adopt a resolution setting priorities for filing a written argument regarding a measure proposed by the City Council to amend the City Charter by eliminating the authority for a property tax which is assessed to meet obligations of the city for the retirement system in which the city participates. The Council may direct the City Attorney to prepare an impartial analysis. RECOMMENDATIONS: (1) The City Council after naming its authorized members to write the argument may adopt Resolution No. "a3 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." OR (2) The City Council may choose not to adopt said resolution authorizing its members to file an argument whereby selection of an argument shall be pursuant to S. 5016 of the Elections Code. Also, the City Council may choose not to direct the city Attorney to prepare an impartial analysis. ANALYSIS: The City Charter provides for city elections to be held pursuant to the State Election Code. The Elections Code provides that Council may authorize members of its body to file a written argument regarding a city measure to be signed by no less than one or more than five of its members. The Council may also direct the City Attorney to prepare an impartial analysis. REQUEST FOR CITY COUNCIL ACTION GENERAL MUNICIPAL ELECTIONS August 1, 1994 Page 2 of 2 FUNDING SOURCE: Election account no. E-AA-CK-141-2-22100 ATTACHMENTS: 1. Resolution No. 2. Elections Code Article 3 - (City Charters) and Article 4- (Arguments concerning City Measures) 3. Resolution No. 4604 adopted 3/13/78 - Perpetual resolution which provides for the filing of rebuttal arguments. C B:In\cbmem\rca3.doc RESOLUTION NO. 6 4�a?. S A RESOLUTIO OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFO A, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REG ING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY T PREPARE AN IMPARTIAL ANALYSIS. WHEREAS, a General M icipal Election is to be held in the City of Huntington Beach, California, on November 8, 94, at which there will be submitted to the voters the following measure: Shall the Huntington Beach City Charter be amended to eliminate a Yes property tax which is assessed to meet obligations of the city for the retirement system in which the city participates? No NOW, THEREFORE, THE CITY COUNCIL F THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RES LVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes Council Member in Favor Council Member in avor Council Member in F or Council Member in Fav Council Member in Favor members of that body, to file written arguments regarding the City measure specified above in accordance with Article 4, Chapter 3, Division 5 of the Elections Co e of the State of California and to change the argument until and including the date fixe by the City Clerk after which no arguments for or against the City measure may be sub 'tted to the City Clerk. argu/jmm/7/29/94 SECTION 2. That the city council directs the city clerk to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the city clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the city clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held thereof on the day of , 1994. ATTEST: Mayor City Clerk APPROVED AS TO FORM: WED AND APPROVED 7- City Attorney City Administrator argu/jmm/7/29/94 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.) 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 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 within 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.) 4061. Application of chapter. Article 1 (commencing with Section 4000) and Article 2 (commencing with 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 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 OOOF--�*� 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 i 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 owh motion, provided that the recodification does not, in anv manner, substantially 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. j 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.) 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 and county) be submitted to the registered and qualified voters of the city(or city 1994 114 1 Chapter 3. Municipal Elections 4093. u .. and county) for their adoption or rejection at an election on a date to be determined by the city council (or other legislatiN e bode). 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. 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. (Added by Stats. 1981,c. 136,§7.) 4088. Petition section sheets fastened together. The sheets comprising each petition section shall be fastened together securely and remain so during circulation and filing. (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- erning 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 elections official's office at(insert telephone number) and a copy will be mailed at no cost to you." (Amended by Stats. 1988,c. 420,§3.) 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 printed 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 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 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. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to 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 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 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 5.Mailings 5020. One copy of official material per household. 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 1994 118 RESOLUTION NO. 4604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Section 5014 . 5 of the Elections Code of the State of California (effective January 1, 1978) authorizes the City Council, by majority vote , to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections ; NOW, THEREFORE, THE CITY COUNCIL of the City of Huntington Beach, California, does hereby resolve , declare , determine and order as follows : SECTION 1. That pursuant to Section 5014 . 5 of the Elections Code of the State of California, if any person submits an argu- ment against a city measure , and an argument has been filed in favor of the city measure, the City 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 City 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 argument to the argument in favor of the city measure not exceeding 250 words . The rebuttal arguments shall be filed with the City Clerk not more than ten (10) days after the final date for filing direct arguments . Rebuttal arguments shall be printed in the same manner as the direct arguments . Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut . SECTION 2. That the provisions of Section 1 shall apply =.1 at the next ensuing municipal election and at each municipal be 1. 1 election thereafter. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a/rdg'U'17r meeting thereof held on the .th day of March, 1978 . Mayor Pro Tempore ATTEST: APPROVED AS TO FORM: City Clerk C ty A ey 1 REVIEWED AND APPROVED: V 0 t . City Administrator 2 . Res. No.4604 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular nA4n1,,-„PA meeting thereof held on the . 13th day Of March 19__Za_, by the following vote: AYES: Councilmen: Bartlett. Coen. Gibbs, Shenkman NOES: Councilmen: Siebert ABSENT: Councilmen: Wieder, Pattinson City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RECEIVEI) C!TY t KK IAu3usf _t , Iqq 'q CITY L OF HUNTING?014 C L I F. AUG 3 ca Pry tgq Ihe gmorc�I.e Apr -do Moullon - Pct4ersorn Pun�l ' �cn Beac.k Cr-4y Cct4pc ki e7 Dear fflcrr, On fflar'cf, 15, tqq,4 '7-/?.n 6rcaaes, !�(3F A reeo-4-toff0 ki C�011,rmo V) and rny s el m e + to 111 LIr OT4�_e_ +cdI*sr__Lt_c.,s +-ke Ci4y Ccuncik o44(Jude, corcer-ni 4e- PER iC'->SL4C5 and fo suLml + o e)( pla"I 0 c o r concems . (see a-f�ocW ) pu �'i in -tea �' n'?e e�' and I' asked w4a4 you S -Nee i"'I IA Mf'. lien k ' ord 4c CART comml' Could bqo+ e+ 4elt w' 1 - ta41ue, on 417(f k)911041 land YOU f- an SIVf r us was tine_ in OAve, Pt-oce!3s fo O-S course, I I 106)d Lv ' l'l nof " AeJp j+�e- bo) I o+ we ctppFe_c,)ct+ed and 0�V-rej WA yvur f-t!­sper?se_ and now look Frrwo%Fd and ocn, 4tc lc your figrr- Sull!,VOPS mozn .fOp?* L'O U PC f IL G�tf JAL Q_ S _ P(ea s,e _ excuse + e hard wn' +-4-e n e- of h L4 Lvos til) a Iqqfry +o ge+ 41s +oycclro c, March 9, 1994 IABFA The Honorable Mayor Linda Moulton-Patterson Huntington Beach City Council Dear Mayor: We,the Huntington Beach Firefighters Association(HBFA),take exception to the Huntington Beach City Council's attitude concerning the current Public Employees Retirement System (PERS) issues. Certain Council Members have raised these issues to such a degree, and so often, that they have become detrimental to our work environment, inflamed anti-public employee sentiment,and without question,bordered on breaching good-faith negotiations. Currently,we are at impasse with the City,and stirring the public ire just seems a low-handed tactic. And, it is one-beneath the quality of Council needed for the administration of Huntington Beach. A lesson in understanding and supporting your workforce might be in order. It is, after all, people that make up this city corporation, and in particular the HBFA. Our people have had enough. We have always followed our legal, binding Memorandums of Agreement with the City of Huntington Beach. If a few administrators have abused what has been legal,and called attention to themselves,let them take the blame. Please,feel free to single them out. Putting the whole of public service in the collective hopper of wrongdoers and opportunists is ludicrous,and so is dumping on your workforce. What kind of future support and cooperation do you think this will foster? You know,it isn't this Association's fault that PERS has decided change the rules. Conversion of benefits has always been an acceptable practice, in one form or another. In fact, look to past Councils that offered this benefit as an increase for the employee at no apparent employer cost. These issues shouldn't be borne by the individual employee,or group of employees, that negotiated in good faith for contract betterment. In addition, objective viewing of the last (3-7-94) Council meeting would give one the impression that some of our Council Members are trying to use the PERS issues as a platform for further political aspirations. Is this true? Also particularly upsetting, is a Council Member calling for numbers and names of individuals that have exercised their option to convert certain benefits to salary during PERS' legally, allowable, sunset period. Is it Council's intention to punish those that have pursued their legal rights? We are very concerned where Council is going with this. Finally,as an Association of approximately 150 members,and solid,supportive employees of Huntington Beach,we formally request that you speak to those Council members that would continue to belittle and diminish the reputation of the majority of Huntington Beach Employees,and have them reflect on the many negative consequences of their current actions. Respectfully o Faye, den Tim Greaves,Chairman HBFA HBFA Negotiations c Huntington Beach City Council Members Michael T.Uberuaga,City Manager Michael P.Dolder,Fire Chief HBFA Members Richard Silber,HBFA Attorney Huntington Beach Firefighter's Association