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City of Hermosa Beach --- 01-12-99

CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF INITIATIVE PETITION TO AMEND THE LAND USE DESIGNATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED JUST WEST OF PACIFIC COAST HIGHWAY, BETWEEN SIXTH AND EIGHTH STREETS, BEHIND THE LEARNED LUMBER FACILITY AND ABANDONED MAR VISTA MOTEL

Attached is a Certificate of Sufficiency for the Initiative Ordinance submitted by petition entitled "An ordinance amending the land use designation of certain property from commercial to medium density residential." This sufficiency represents at least 15 percent of the registered voters of the City, according to the report of registration by the County Clerk to the Secretary of State effective at the time the notice of intention was published.

The petition contains the request that the proposed ordinance be immediately passed by the City Council or otherwise submitted to a vote of the people at the earliest regular or special election for which the petition qualifies. With that request and valid signatures from more than 15 percent of the registered voters, the petition does qualify for a special election.

COUNCIL ALTERNATIVES:

Pursuant to Elections Code Section 9214, the Council has the following options:

(a) Introduce the ordinance without alteration at the regular meeting at which it is presented and adopt the ordinance within 10 days after it is presented; or

(b) Immediately order a special election, to be held not less than 88 nor more than 103 days after the date of the order, at which the ordinance, without alteration, shall be submitted to a vote of the voters of the city; or

(c) Order a report pursuant to Section 9212 at the regular meeting at which the ordinance is presented. When the report is presented to the City Council, the Council shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b).

BACKGROUND:

A notice of intention to circulate this petition was filed with the City Clerk August 5, 1998. As required, the documents were transmitted to the City Attorney for preparation of a ballot title and summary, which were provided to the proponent August 17. The notice was published in the Easy Reader August 20, and the petition was then circulated. Multiple petitions were submitted November 16, well within the 180-day time limit, and after the required Clerk's review, were forwarded to the office of the County Registrar-Recorder/County Clerk for signature verification, which was completed well within the time limit of 30 working days. As required, the matter is now being presented to Council at its next regular meeting following the signature verification process.

REVIEW OF ALTERNATIVES:

Option (a) - Introduce the Ordinance

If the City Council opts for Option (a){Special Char 190 in Font "Symbol"}to introduce the ordinance without alteration at tonight's meeting{Special Char 190 in Font "Symbol"}there would be no election. Because State law requires the subsequent adoption of the ordinance to take place within 10 days, it would be necessary to adjourn tonight's meeting to a date no later than Thursday, January 21, 1999, in order to adopt the ordinance within the State-mandated time limit.

Option (b) - Immediately Order a Special Election

If the City Council opts for option (b){Special Char 190 in Font "Symbol"}to immediately order a special election to submit the ordinance without alteration to a vote of the people{Special Char 190 in Font "Symbol"}the election must be held either Tuesday, April 13, or Tuesday, April 20. Since April 13 is the date of a regular scheduled Council meeting, April 20 would be the recommended election date. This later date would also allow staff the maximum time to prepare for the election. The attached resolutions associated with the calling of a special election would need to be adopted tonight. Before adopting the resolutions, however, there are several decisions that the Council must make:

1) Select the election date of April 13 or April 20. The attached resolutions were prepared assuming the April 20 date. If Council opts for the April 13 date, the resolutions should be adopted noting that correction.

Approve the wording of the ballot measure question, which, pursuant to Elections Code Section 13247, is limited to a maximum of 75 words. The suggested wording shown in resolutions 1 and 4 is as follows:

AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL

Shall the Ordinance which would amend the land use designation and zoning classification from commercial to medium density residential on property located just west of Pacific Coast Highway, between Sixth and Eighth streets, behind the Learned Lumber facility and the abandoned Mar Vista Motel, be adopted? YES_______ NO_______

If Council changes the wording suggested above, resolutions 1 and 4 should be adopted noting the amended wording.

3) Decide on the filing of a written argument by Council with regard to the measure and authorize which Councilmember(s), if any, will file a written argument against the measure, with all Councilmembers invited to sign (resolution 4). Pursuant to Elections Code 9219, the person(s) filing an initiative petition have first priority to file a written argument in favor of the ordinance, and the Council has first priority, if it chooses, to submit an argument against the ordinance. If there is no Council authorization, the resolution would be amended to merely direct the preparation of an impartial analysis.

The cost of a special election is estimated to be about $30,000. Although this unplanned expenditure was not considered during the 1998-99 budget preparation, it was taken into consideration when funds were reappropriated on September 10, 1998. The August 5 submittal of the notice of intent to circulate this petition alerted staff to the possibility of a special election, and unspent funds of $30,000 (which were available from the City Clerk's 1997-98 budget) were reappropriated into the Clerk's contract services account for this fiscal year to fund, if needed, the potential special election.

Included in that cost is a request for additional compensation for the City Clerk for the three and one-half month election process (resolution 6). It has been traditional for the City Clerk to receive extra compensation during all election periods due to the significant increase in the workload. For elections consolidated with the County, the additional compensation has been one-half of the Clerk's existing monthly salary. For non-consolidated elections, which are conducted by the Clerk's office and involve significantly more duties and responsibility, the additional compensation has been equal to the Clerk's monthly salary, since adding the administration of a special election to the other duties essentially turns the part-time Clerk's position into a full-time job. Although additional assistance has traditionally been budgeted to help out during the election process, I am not requesting the hiring of anyone else at this time.

Option (c) - Order a Report Pursuant to Election Code Section 9212

If the City Council opts for Option (c){Special Char 190 in Font "Symbol"}to order a report tonight{Special Char 190 in Font "Symbol"}action on the petition would be deferred until the report is presented, at a date certain as directed by the Council, which must be within the next 30 days (by February 11).

Pursuant to Elections Code Section 9212, before taking action to either introduce the ordinance or schedule a special election, the Council may refer the proposed initiative measure to any City agency or agencies for a report on any or all of the following:

its fiscal impact;
its effect on the internal consistency of the City's general and specific plans including the housing element, the consistency between planning and zoning, the limitations on City actions under Government Code Section 65008 (Discriminations; prohibition), Chapters 4.2 (Housing Development Approvals) commencing with Section 65913, and Chapter 4.3 (Density Bonuses and Other Incentives) commencing with Section 65915 of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use); and/or
any other matters the Council requests to be in the report.

This report shall be presented to the Council within the time prescribed by the Council, but not later than 30 days after the Clerk certifies to Council the sufficiency of the petition.

In order to meet that 30-day deadline, unless a special meeting is scheduled, the only regular Council meetings at which any report must be presented would be January 26 or February 9. Once the report is presented, the Council must then either introduce the ordinance (and adopt it within 10 days) or immediately order a special election to be held within 88 to 103 days. If the report is presented at the regular Council meeting of January 26, the special election must be held either Tuesday, April 27, or Tuesday, May 4. Since April 27 is the date of a regular scheduled Council meeting, May 4 would be the recommended special election date.

If the report is presented at the meeting of February 9, the only two possible dates for a special election would be Tuesday, May 11, or Tuesday, May 18. Since May 11 is the date of a regular scheduled Council meeting, May 18 would be the recommended special election date. Pursuant to Elections Code Section 9225, when a special election would be held within 180 days prior to a regular municipal election, the Council would have the option of submitting the proposed ordinance at the regular election instead of at a special election. The next regular municipal election will take place Tuesday, November 2, 1999; therefore, the 180-day cut-off is May 6, 1999. Thus, if the report is presented to the Council on February 9, the Council would have the additional option to schedule the election concurrent with the November 2 regular election.

RESOLUTIONS (ATTACHED) TO IMMEDIATELY CALL SPECIAL ELECTION:

1. RESOLUTION NO. 99-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, APRIL 20, 1999, FOR THE SUBMISSION OF A PROPOSED ORDINANCE.

2. RESOLUTION NO. 99-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 20, 1999.

3. RESOLUTION NO. 99-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 20, 1999, BE MADE BY THE CITY CLERK.

4. RESOLUTION NO. 99-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, APRIL 20, 1999, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.

(OPTIONAL, but if adopted, should be adopted at the same meeting as the resolution calling the election)

5. RESOLUTION NO. 99-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A MEASURE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, APRIL 20, 1999.

(OPTIONAL, but if adopted, must be adopted at the same meeting as the resolution calling the election)

6. RESOLUTION NO. 99-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF APRIL 20, 1999.

Attachments: City Clerk's Certificate of Sufficiency of the petition

Letter from County giving results of signature verification

Six resolutions required to immediately call special election

Proposed ordinance (attached to the first resolution as Exhibit "A")

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CERTIFICATE OF SUFFICIENCY

Initiative Petition entitled "AN ORDINANCE AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL."

I, ELAINE DOERFLING, CITY CLERK OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DO HEREBY CERTIFY THAT SAID PETITION IS SUFFICIENT, FOR THE FOLLOWING REASONS:

1. The number of registered voters at the time the Notice of Intention was published was, according to the County Clerk's report to the Secretary of State: 13,728.

2. The number of signatures needed to qualify this proposed initiative for a regular election is at least 10% of the registered voters, or 1,373.

3. The number of signatures needed to qualify this proposed initiative for a special election is at least 15% of the registered voters, or 2,060.

4. The results of the signature verification by the office of the County of Los Angeles Registrar-Recorder/County Clerk are as follows:

Number of signatures filed 2,829

Number of signatures verified 2,829

a. Number of signatures qualified 2,137

b. Number of signatures not qualified 692

c. Percentage qualified (of those filed) 76%

THEREFORE, I HAVE HEREUNTO SET THE SEAL OF THE CITY OF HERMOSA BEACH, CALIFORNIA.

RESOLUTION NO. 99- (#1)

WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Hermosa Beach, California, signed by more than 15 percent of the number of registered voters of the city to submit a proposed ordinance to amend the land use designation and zoning classification of certain property; and

WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and

WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and

WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Hermosa Beach, California, on Tuesday, April 20, 1999, a Special Municipal Election for the purpose of submitting to the voters the following proposed ordinance:

AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL

YES

SECTION 2. That the text of the ordinance submitted to the voters is attached as Exhibit "A".

SECTION 3. That the ballots to be used at the election shall be in form and content as required by law.

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.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 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 THIS 12TH DAY OF JANUARY, 1999.

EXHIBIT "A"

AN ORDINANCE AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL

THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS:

HERMOSA BEACH RESIDENTIAL AND COMMERCIAL IMPROVEMENT ENABLING ACT

SECTION 1. Title

This Act shall be known and may be cited as the "Hermosa Beach Residential and Commercial Improvement Enabling Act."

SECTION 2. Findings and Declarations

The people of the City of Hermosa Beach hereby find and declare all of the following:

The zone change and General Plan amendment necessary for the proposed residential and commercial improvement project, which was approved by resolution of the Hermosa Beach Planning Commission, and endorsed by a 2 to 1 vote of the Hermosa Beach City Council, should be submitted to the voters of the City for their approval.
The proposed residential and commercial improvement project will be subject to the City development approval process, including all applicable planning and environmental requirements.
The proposed commercial element of the project would replace the Mar Vista Motel and other abandoned businesses, all of which have become a blight on Pacific Coast Highway, with increased commercial activity by one of the City's longest standing businesses and top sales tax generators.
The property upon which the proposed residential element of the project would be located is appropriate for such use, as it is located in an area predominantly residential in character, and bordered on both the north and west by existing residential uses. The new project would enhance property values for existing residences.
The combined residential and commercial project elements would maximize present and future sales tax revenues for the City, and would generate an additional $8,000 to $10,000 in annual property tax revenues, all of which could pay for police, fire and other vital municipal services without any increase in residential taxes. Permit fees for the residential element would generate approximately $44,000 for the benefit of public schools in Hermosa Beach.

SECTION 3. Purpose and Intent

The people of the City of Hermosa Beach hereby declare their purpose and intent in enacting this Act to be as follows:

To allow the zone change and General Plan amendment necessary for the proposed project, which was approved by resolution of the Hermosa Beach Planning Commission, and endorsed by a 2-1 vote of the Hermosa Beach City Council, to be submitted to the voters of the City for their approval.
To maintain the requirement that the proposed project be subject to the City development approval process, including all applicable planning and environmental requirements.
To allow a blight on the City of Hermosa Beach to be removed.
To allow a current business to establish a more efficient layout for continued operations and maximization of sales tax revenue for the City.
To allow a proposal for a residential project that is bordered by residential uses to the north and west and located in an area which is predominantly residential in character to move forward.
To generate additional sales tax and property tax revenues to the City, while reducing traffic congestion for 6th Street residents, and permit an application to proceed for construction of a high-end, low-density residential neighborhood which would enhance adjacent residential property values.

SECTION 4. Project Location

The residential and commercial projects described in this Act whose application would be permitted to proceed are located at the properties described below:

635 Pacific Coast Highway, legally described as the westerly 120 feet of a portion of Lot 27, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12.
705 Pacific Coast Highway, legally described as the westerly 120 feet of a portion of Lot 28, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12.

SECTION 5. Project Description

Subject to City approval, the proposed residential and commercial project would be accomplished by resubdividing the two properties, described in Section 4(a) and (b) above, into two parcels. The rear 120 feet of said properties would become Lot 1, upon which the residential project would be constructed. The Pacific Coast Highway frontage of the same two described properties, to a depth of 170 feet, would become Lot 2 and be utilized for commercial purposes.

SECTION 6. General Plan Amendment and Zone Change Findings

The people of the City of Hermosa Beach hereby make the following findings pertaining to the General Plan Amendment and Zone Change provided for in this Act:

The General Plan Amendment and Zone Change will recognize current market conditions which have not supported or created an interest in commercial development at this location at the existing depth, and allow the development of a more appropriate residential land use on the rear portion, while continuing to facilitate commercial development consistent with the Commercial Corridor for the remaining commercial portion of the property.
The subject property to be redesignated is appropriate for residential use as it is abutted by residential uses to the north and west, and located in an area which is predominantly residential in character. A residential use of the subject properties will be more compatible to surrounding residential uses than a potentially more intensive commercial use. The redesignation to Medium Density Residential on the General Plan Map and R-2 on the Zoning Map will be consistent with designations to the west of the subject property, and will allow a density of residential uses in a range consistent with surrounding residential development. The residential use of the property will provide property tax benefits and will not unduly strain city services.
The General Plan Amendment and Zone Change will allow for vacant and underdeveloped property to be placed in more productive use which will further eliminate a dangerous and substandard condition.
On April 21, 1998, the Planning Commission concurred with the Staff Environmental Review Committee's recommendation, based on their Environmental Assessment/ Initial Study, that the project would result in a less than significant impact on the environment, and therefore qualified for a Mitigated Negative Declaration.

SECTION 7. General Plan Amendment

The Land Use Map of the General Plan is hereby amended by changing the Land Use Designation of the westerly 120 feet of Lots 27 and 28, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12, as shown on the attached map, from Commercial Corridor to Medium Density Residential as that designation is defined in the General Plan on August 1, 1998.

SECTION 8. Zoning Change

The Official Zoning Map is hereby amended by changing the zoning district of the westerly 120 feet of Lots 27 and 28, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12, as shown on the attached map, from S.P.A.7 to R-2 (Two-Family Residential) as that zoning district is defined in the Zoning Ordinance on August 1, 1998.

SECTION 9. Severability

If any provision of this Act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of the Act are severable.

RESOLUTION NO. 99- (#2)

WHEREAS, a Special Municipal Election is to be held in the City of Hermosa Beach, California, on Tuesday, April 20, 1999; and

WHEREAS, in the course of conduct of said election, it is necessary for the City to request services of the County of Los Angeles; and

WHEREAS, all necessary expenses in performing these services shall be paid by the City of Hermosa Beach.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. That pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council hereby requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish to the City for use in conducting the election the computer record of the names and addresses of all eligible registered voters in the City in order that the City may print labels to be attached to self-mailer sample ballot pamphlets; and to also furnish to the City printed indices of the voters to be used by the precinct board at the polling place; and to make available to the City additional election equipment and assistance according to state law.

Section 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill.

Section 3. That the City Clerk is hereby directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution.

Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of passage and adoption thereof in the minutes of the meeting at which the resolution is adopted.

PASSED, APPROVED, AND ADOPTED THIS 12TH DAY OF JANUARY, 1995.

RESOLUTION NO. 99- (#3)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 20, 1999, TO BE MADE BY THE CITY CLERK

WHEREAS, a Special Municipal Election will be held and conducted in the City of Hermosa Beach, California, on Tuesday, April 20, 1999, as required by law; and

WHEREAS, the City Council desires the canvass of the election to be made by the City Clerk;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held is ordered to be made by the City Clerk.

SECTION 2. That the City Clerk shall complete the canvass of the election prior to April 27, 1999, the Tuesday following the election, and shall certify the results to the City Council on that day.

SECTION 3. That this resolution shall apply only to the election to be held on April 20, 1999, and shall then be repealed.

SECTION 4. 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 THIS 12TH DAY OF JANUARY, 1999.

RESOLUTION NO. 99- (4)

WHEREAS, a Special Municipal Election is to be held in the City of Hermosa Beach, California, on Tuesday, April 20, 1999, at which there will be submitted to the voters the following measure:

AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL

YES

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That the Hermosa Beach City Council hereby authorizes as follows: Councilmember(s) against, with all Councilmembers invited to sign, members of that body, to file written arguments regarding the City measures as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the arguments until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk.

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, APPROVED AND ADOPTED on this 12th day of January, 1999.

RESOLUTION NO. 99- (#5)

WHEREAS, Section 9220 and 9285 of the Elections Code of the State of California 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 HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments 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 all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.

SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on April 20, 1999, and shall then be repealed.

SECTION 4. 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 this 12th day of January, 1999.

RESOLUTION NO. 99- (#6)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF APRIL 20, 1999

WHEREAS, the matter of the Special Municipal Election of April 20, 1999, as it relates to additional duties and staffing was reviewed by the City Council on January 12, 1999.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That pursuant to Ordinance No. 78-603 of the City of Hermosa Beach, adopted December 14, 1978, the compensation of the City Clerk shall be fixed by resolution of the City Council.

SECTION 2. That the City Clerk shall receive an additional monthly salary of one thousand eight hundred twenty-three dollars ($1,823) for the three and one-half month election process, commencing January 16, 1999, through April 30, 1999, payable semi-monthly at the same time and in the same manner as the salaries paid to each of the officers and employees of the City.

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, APPROVED and ADOPTED this 12th day of January, 1999.

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