HomeMy WebLinkAboutNovember 8, 2022 General Municipal Election - Request for Im CITY OF HUNTINGTON BEACH
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INTERDEPARTMENTAL COMMUNICATION
TO: Michael Gates, City Attorney ,
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FROM: Robin Estanislau, City Clerk
DATE: July 8, 2022
SUBJECT: CITY CLERK'S TRANSMITTAL OF REQUEST FOR IMPARTIAL ANALYSIS
ON PROPOSED CHARTER AMENDMENT MEASURES APPROVED BY THE
CITY COUNCIL AT THEIR JULY 5, 2022 REGULAR MEETING FOR
PLACEMENT ON THE NOVEMBER 8, 2022 GENERAL MUNICIPAL
ELECTION BALLOT
Pursuant to the provisions of California Elections Code Section 9280 (attached), please prepare
and return to my office no later than Friday, July 15 an impartial analysis for Charter
Amendment Measures 1 and 2 approved by resolution on July 5, 2022 for placement on the
November 8, 2022 General Municipal Election ballot:
"Shall proposed Charter Amendment Measure 1 to: amend outdated
phrases, syntax, dates, pronouns, titles, and procedures to clarify City Yes
processes; exempt from Section 612 replacement of existing equipment
and infrastructure if it maintains its current use and does not exceed its
footprint or height by more than 10% and construction of restrooms, in
parks and beaches; and require the City to consider Charter reviews at No
least once every decade following the last review, be approved?"
"Shall proposed Charter Amendment Measure 2 to: require City Clerks
and City Treasurers to meet minimum qualifications at the time of filing Yes
candidacy; require at least four votes to fill Council vacancies and limit
appointees to serve only until the next municipal election; no longer
require City Attorneys to be graduates from law schools only accredited
by the American Bar Association; and update City Treasurer No
responsibilities accordingly, be approved?"
Let me know if you have questions.
Thank you.
Attachments:
1. Article 4. Arguments Concerning City Measures. 9280 Impartial analysis.
2. Notice to Voters of Date After Which No Arguments For or Against City Measures May be
Submitted to the City Clerk
c: Honorable Mayor and City Council Members
Al Zelinka, City Manager
Raphe Sonenshein, Consultant, Charter Revision Committee
ELECTIONS CODE - ELEC
DIVISION 9. MEASURES SUBMITTED TO THE VOTERS [9000 - 9610]
(Division 9 enacted by Stats. 1994, Ch. 920, Sec. 2.)
CHAPTER 3. Municipal Elections [9200 - 9295]
(Chapter 3 enacted by Stats. 1994, Ch. 920, Sec. 2.)
ARTICLE 4. Arguments Concerning City Measures [9280 - 9287]
(Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2.)
9280. Impartial analysis.
Whenever a city measure qualifies for a place on the ballot, the governing body
may direct the city elections official 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. The analysis shall include a statement indicating whether the measure
was placed on the ballot by a petition signed by the requisite number of voters or
by the governing body of the city. If the measure affects the organization or
salaries of the office of the city attorney, the governing board may direct the city
elections official 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.
If the entire text of the measure is not printed on the ballot, nor in the voter
information guide, there shall be printed immediately below the impartial analysis,
in no less than 10-point bold type, a legend substantially 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. 2016, Ch. 422, Sec. 45. (AB 2911) Effective January 1, 2017.)
City of Huntington Beach
I 2000 Main Street ♦ Huntington Beach, CA 92648
=�11, (714) 536-5227 • www.huntingtonbeachca.gov
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NOTICE TO VOTERS OF DATE AFTER WHICH
NO ARGUMENTS FOR OR AGAINST CITY MEASURES
MAY BE SUBMITTED TO THE CITY CLERK
NOTICE IS HEREBY GIVEN that the General Municipal Election is to be held in the
City of Huntington Beach, California on November 8, 2022, at which there will be submitted to the
voters the following measures:
"Shall proposed Charter Amendment Measure 1 to: amend outdated phrases,
syntax, dates, pronouns, titles, and procedures to clarify City processes; Yes
exempt from Section 612 replacement of existing equipment and
infrastructure if it maintains its current use and does not exceed its footprint
or height by more than 10% and construction of restrooms, in parks and
beaches; and require the City to consider Charter reviews at least once every No
decade following the last review, be approved?"
"Shall proposed Charter Amendment Measure 2 to: require City Clerks and
City Treasurers to meet minimum qualifications at the time of filing candidacy; Yes
require at least four votes to fill Council vacancies and limit appointees to
serve only until the next municipal election; no longer require City Attorneys
to be graduates from law schools only accredited by the American Bar
Association; and update City Treasurer responsibilities accordingly, be No
approved?"
"Shall proposed Charter Amendment Measure 3 to: define the Attorney-
Client relationship between City Attorney and City, designating City Council Yes
as Client; determine all legal matters to be controlled by City Council and
managed by City Attorney under City Council direction; permit City Council
to contract with other attorneys if the City Attorney has a conflict of interest;
require City Attorney to keep all legal records and comply with requests for No
information, be approved?"
Sister City: Anjo, Japan
NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9 of the
Elections Code of the State of California, certain members of the legislative body of the City
have been selected to file written arguments for and/or against the City measures, not to exceed
300 words in length.
NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to
prepare and print the arguments and Voter Information Guide for the election, the City Clerk has
fixed Friday, July 15, 2022, during normal office hours, as posted, as the date after which no
arguments for or against the City measures may be submitted to the Clerk for printing and
distribution to the voters as provided in the Article 4. Arguments shall be submitted to the City
Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, at the
City Hall, Huntington Beach, California. Arguments may be changed or withdrawn until and
including the date fixed by the City Clerk.
NOTICE IS FURTHER GIVEN that the City Council had determined that rebuttal
arguments, not to exceed 250 words in length, as submitted by the authors of the opposing
direct arguments, may be filed with the Clerk, accompanied by the printed name(s) and
signature(s) of the author(s) submitting it, not more than 10 days after the final date for filing
direct arguments.
NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or direct
argument filed under the authority of the elections code will be available for public examination
in the Clerk's office for not less than 10-calendar days from the deadline for the filing of the
arguments and impartial analyses. Any rebuttal argument filed under the authority of the
elections code will be available for public examination in the clerk's office for not less than
10-calendar days from the deadline for filing rebuttal arguments.
Robin Estanislau, CMC
City Clerk
Dated: July 7, 2022
Sister City: Anjo, Japan