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HomeMy WebLinkAboutFluoridation of Water Supply - Petitions - Affidavit of Publ4. i • Y. City of Huntington Beach P.O. BOX 190 CALIFORNIA 92646 MAYOR March 9, 1971 Dr. Donald D. Shipley COUNCILMEN Ted W. Bartlett Alvin M. Coen Norma Brandel Gibbs Jack Green Jerry A. Matney George C. McCracken Honorable Mayor and. City Council City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attention: Doyle Miller, City Administrator Gentlemen: DOYLE MILLER Administrative Officer BRANDER D. CASTLE Assistant Administrator DON P. BONFA City Attorney WARREN G. HALL Treasurer PAUL C. JONES City Clerk On Monday, March 8, an initiative petition to enact an ordinance in the City requiring that ad.d.ition of fluorine or fluorine com- pounds should. not be mad.e until the proposition -is first sub- mitted. to the voters of the City in a special or general election of the City, was presented. to me for my consideration. Since the publication 'of. the legal notice of intention to cir- culate such petition had, been published, in the Huntington Beach News for the first time on August 13, 1970, and. since Chapter 3, Article 1, Section 4006'of the State Elections Code states "Signatures upon petitions and sections thereof shall be secured., and. the petition, together with all sections thereof, shall be filed. within 180 days from the date of publication or posting or both of the notice of intention and. statement", it was my duty to refuse to accept such petition for filing under the provisions of this section. I explained, the matter carefully to Mr. William H. Campbell, the gentlemen who was presenting the petition. He informed me that a representative of the County Registrars Office had told them over the phone that the time allowed. for presentation of their petition was within 180 days of the date on which the first signature was affixed to such petition. While this provision applies in the annexation of territory to the city, it does not apply to petitions initiating an ordinance. I am supplying this JAMES R. WHEELER Director of Public Works FRANK B. ARGUELLO Finance Director EARLE ROBITAILLE Police Chief V INCENT G. MOORHOUSE RAYMOND PICARD Director Harbors, Fire Chief Beaches & Development OLLIN C. CLEVELAND KENNETH A. REYNOLDS Building Director Planning Director WALTER W. JOHNSON NORMAN L. WORTHY Library Director Recreation & Parks Director Page #2 - Honorable Mayor and. City Council - 3/9/71 i information so that you may know the grounds on which I refused. to accept said. petition. Sincerely you , C�� e Paul C. J s City Clerk PCJ: pm Affidav of Publication - State of California 1 County of Orange }ass City of Huntington Beach )))))) C'r,,e, a Farquhar, being duly sworn on oath, says: That he is a citizen of the United States, over the age of twenty-one years. That he is the printer and publisher of the Huntington Beach News, a weekly newspaper of general circulation printed and pub- lished in Huntington Beach, California and circulated in the gaid County of Orange and elsewhere and published for the dissemination of local and other news of a general character, and has a bona fide subscription list of paying subscribers, and -said paper has been established, printed and published in the State of California, and County of Orange, for at least one year next before the publication of the first insertion of this notice; and the said newspaper is not devoted to the interest of, or published for the entertainment of any particular class, profession, trade, calling, race or denomination, or any number thereof, The Huntington Beach News was adjudicated a legal newspaper of general circulation by Judge G. K. Scovel in the Superior Court of Orange County, California August 27th, 1937 by order No. A-5931. That the PETITION FOR SUBMISSION TO ELECTORS of which the annexed is a printed copy, was published in said news- paper at least O t1 e issue commencing from the 13 th day of August 19-7-0, and ending on the 13 th day of Aug Lis 't 19 70 , both days inclusive, and as often during said period and times of publication as said paper was regularly issued, and in the regular and entire issue of said newspaper proper, and not in a supplement, and said notice was published therein on the following dates, to -wit: August 13,. 1970 (Published Huntington Beach News Aug. 13, 1970);� PETITION OR. SUBMISSION TO ELECTORS -OF''PROPOSED ORDIN- ANCE TO '61f ADDED TO THE HUNTINGT&N BEACH ORDIN- ANCE CODE' To the City Council of the City of Huntington Beach: We, the undersigned, qualified elec- 6rs,of the State of California, residents of the City of Huntington Beach, pur- suant to the Election Code of this State, in 'regardsSto, the ,Initiative Process, pres- ent to the City Council this -petition and request that the following proposed "or- t-dinance be ;submitted to the qualified electomof the City of Huntington Beach far their determination at an election on a date to be decided by the City Council. The proposed new ordinance of Hunt- ington Beach shall read: Fluorine or fluorine compounds shall: be added to the water supply of the City of Huntington Beach only if the propo- sition to make such addition shall first) be submitted to the qualified electors of the city at a special or 'general elec- tion. The provisions of this ordinance shall supersede and control all other) provisions of the ordinance code in con flict therewith: HUNTINGTON BEACH CITIZENS FOR PURE WATER Gerald N. Bogart, Chairmana8-7-70 16642 Simonne Lane l Ramp ,parson, Secretary 8-7-70 166 nnne Lane' Willi H. I a,,��,ppbell, Treasurer W' • et eir Lane , STAT Q, FORNIA COUNT ,0 OR NGE f ss On August 7, 1970, before me, the undersigned, a Notary Public in and for said State, personally appeared Gerald N. Bogart, Ramona V. Pearson and � I William H. Campbell, known to me to � be the persons whose names are sub- scribed to the within instrument and )acknowledged that they executed the , same. WITNESS my hand and official 'seal. - /� (Seal) STANLEY E. MOORE P isher I Notary Public in and for said I Co ty and State. My Com- Subscribed and sworn to before me this /H day of „ misn Expi April 3, 1971. �� Notary Public Orange County, California 'L .Q el THOMAS D. WYLLIE NOTARY PUBLIC - CALMORNIA PRINCIPAL OFFICE IN ORANGE COUNIY Poly Commission Expires ,Sepf. 12, [970 Cities. ,leek F'luorie Permit By TERRY COVILLE Of the Daily Pilot Staff' Huntington Beach and Fountain Valley city ' officials will go before the .state .Public Health Service Tuesday to obtain permits for the fluoridation of city water supplies. A hearing will be held on their ap- plications at 10 • a.m., Tuesday, 'at the Disneyland Hotel. . ' Fluoride .'opponents fom both cities . may . continue their efforts to block fluoridation by appearing -at the state hearing. Huntington Beach Citizens for Pure Water, that city' 's anti -fluoride group, lost a'. -chance to petition for a municipal election this week when they turned in. n their petitions too late. -They had 4,480 . names . of residents Falling for an election on the fluoridation issue, but through a misunderstanding of 'the elections • code, ' they' were too late.' :A similar group in Fountain Valley got its. petitions in on time, but learned Tuesday that another 113 ' signatures would be -needed -before• an election would be called. • George Lindegren,, leader of the, anti - fluoride group in Fountain Valley,_ said, I he plans to attend Tuesday's state hear- ing and he hopes to speak against fluoridation. ; State' officials, however, indicated . be. might not have . a chance. -Tuesday's (See FLUORIDE, Page 2) - FLUO' RU D E hearing concerns the equipment to be used in placing fluoride in the city water. "The board of ,health .has already en- dorsed fluoride,". William. MacPherson, an engineer with the state Bureau of Sanitation Engineering, explained. "So we don't consider the merits of fluoride itself, just the equipment to be used." One other ; city, Beverly Hills, will .� ilso be seeking a fluoride permit at iesday's hearing. City councils in all �e cities have approved the fluorida- if, city water. action Flx, ridation The anti' -fluoride, residents-6 yFountain Valley Have. now filed their petitions and officially. registered their opposition to • the city, s program to place the tooth , de cay-retardant. in municipal water supplies. . Last week they turned in 83 petitions with 1,558 names .to the city clerk. Now the clerk must' verify all those, names. The, petitioners. need the names of 1,479 i registered. voters: to force the, city_council 'to.'hold .a spec- ial election on: the fluoridation issue. Last June the council approved the placement of artificial fluorides in the city -water, supply on a 4 1 vote. Only Councilman John Harper opposed it. Fluoride opponents claim they ..should vote on whether ilu'orides will be ,added -to -their drinking water.. They say the ,fluoride to. be . added is a question-, able chemical.. Dental;, medical, and' scientific; societies I nationwide`. have long -'supported fluoridation as a sound 1 and proved public health measure, however: Now -that the.l.petitions are in, ;the city should. act ' quickly'to' solve the problem. If the petitions. are' legal ly adequate, .their the council, should quickly set a� spec- 1ial eleetion. If not :legal,,the. anii-fluoride'residents have 30 days to collect, more names. Whether individuals favor or oppose fluoridation it will be best for the city if everything is handled rapid- ly and no one stalls .;or' delays: Quick. action" will 'avoid' criticism... tort ft St . , `. .. � T0ko,,La-1/U,.-..:,: Anti -fluoride petitions have been re- an ordinance • must be filed .180 _ days jected in Huntington Beach because'they . after the notice, of. intent to '.circulate were turned in' a month too late.' a petition is published." City Clerk Paul Jones said' petitions containing` 4,480 signatures seeking an : That would make .the 'due- date .Feb. election on. placing fluoride in city. water 9 were brought to. his office Tuesday, . •Jones .•agreed however '.the', way, the "I had to' reject 'them 'because . the -State election's= 666' is written ,is' con - election code made Feb.. 9 .the cutoff .fusing' and -commented; ."I think- that date for submitting them, Jones said - section -of' the code could `stand". some today. updating.," ; Leaders of Huntington Beach Citizens' Anti -fluoride . leaders, indicated 'they for Pure Water,, the .group circulating.., would carry. their_ petitions to the city the petitions, said they were told by ; -.council-;. in > the 'hope that the 4,480 the County Registrar's Office that March' ' signatures would convince city' coun- 9 (Tuesday.). would, be the last. day. .: . cilmen _ to set` an" election for a, fluoride They said they understood they had decision. JThe -,council' has already ap- six months from the date' of the first proved, the placement of fluoride in city signature . on the peition to ' file, all the water,. but the .processhas .not yet taken petition's.- place. .. ; ; `That applies only ,to p e tiTt i o•n s ' To force ' an election, p e t i ti•o,n regarding the annexation - of - territory circulators: need 10' percent of the more to a city," Jones explained. "The elec- than 39;000 registered` .--voters '. in.,' Huri-. bons code states that petitions, initiating .-tingtoi Beach::. rluo e-: oes`-O in Two., Cities Not Giyi1h19,.-UP'. Huntington Beach and , Fountain Valley Groups,,! Attack'Petition Problems BY STEVE EMMO S Times Staff Writer " V// h, 'Residents of Fountain Valley and Huntington Beach who don't -want their water fluoridated, but who failed in qualifying petitions to back their •stand, said Wednesday they haven't given up yet. Petitions seeking a referendu T do fluoridation in Fountain Vdlley turned up 113 .signatures short, said City Clerk Mary Cole. But the Foun- tain Valley Citizens for Pure Water have a month to obtain the required signatures, a simple task, said ttheir chairman. The setback was more serious for. the Huntington Beacli Citizens -for Pure Water. City Clerk Paul Jones refused to`ac- cept their petitions Monday because, he said, it was 27 days past the dead- line set by state law. Claim Incorrect Data Opponents said they had received incorrect information on the dead- line from county officials. They plan to go before the City Council Mon- day night and ask the council,_ to voluntarily set an election. Fountain Valley last June 2 be- came thefirst city in Orange County to approve fluoridation. Huntington Teach councilmen voted approval the following Aug. 17. And the first steps toward fluori- dation were taken this week in, San Clemente, where the City Council voted to begin a feasibility study. Backers of fluoridation contend the addition of fluoride to drinking hater hardens children's tooth -ena- mel and greatly reduces tooth decay. Neither Huntington Beach nor, Fountain Valley is fluoridating wa- ter. Both are awaiting permits from state health officials. Opposition groups in both .cities sprang up almost simultaneously and have been working together. They are working under different circumstances, however. The Fountain Valley, group'. is seeming a referendum which, if ap- proved by voters, would overturn the City Council's decision to fluori- date the city's water supply. Tryin; for Ordinance The . Huntington Beach group, however, did not move fast enough to qualify- fora referendum and, is trying, instead, to place an initiative ordinance on -the ballot. If voters approve it, the ordinance would require that fluoridation* pro- posal to be submitted for voter. ap- proval. Petition for the initiative ap- pears dead, however. Jerry Bogart,: chairman of the Huntington Beach group, said hd will ask councilmen to set the elec- tion anyway. "We collected the signatures in good faith," he said, "and . I hopia they'll reconsider. If not, we're fully prepared to start circulating a peti- tion all over again." George Lindegren, the ,Fountain Valley chairman, said his group like- ly will solve its problem in one weekend.The last weekend we circttl�ted petitions Ave got 250 signatufe�, he said, "and there's two-thirds of the city we haven't canvassed yet-.`. .r 1 ni/5t HUNTINGTON BEACH —Pe- committee chairman for the titions containing 4,480 signa- Huntington Beach Citizens for Lures to force a referendum on Pure Water, the organization fluoridation of the city water which gathered the signatures. supply were rejected this week "We were told we had six iby the city clerk. months from the date we, ob- . "I had no choice under the tained our first signature, which .(elections) code," City Clerk was Sept. 1970. That would have Paul Jones Tuesday. The peti- made (March 9) Tuesday the tions were submitted to his off- deadline for filing." ice Monday, 27 days too late "We obtained the 4,480 signa- under the code, Jones said. • tures, well over the 10 per, cent "The code specifies the peti- of the 39,000 or so Huntington tioners have 180 days from the Beach registered voters that date of publication (notice in was required in good faith," newspaper) or posting of their said Mrs. Moen. "We trusted the intent to pass petitions to gather public service employes at the the needed signatures on an Register's office for accurate initiative petition. They pub- information." lished their notice of intent to The citizens committee for circulate Aug. 13, 1970, making pure water plans to take its Feb. 9 this year the last day to signed petitions to the city coun- file," Jones said, thereby void- cil Monday, in hopes the council ing all signatures. will vote for election on fluori- "We circulated the petitions dation on the strength of the `in good faith, using information collected signatures. received from the office of the "If we're unsuccessful there,' Orange County registrar,of vot- we'll just try again," said Mrs. . ers," said Mrs. Polly Moen, a Moen.