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 City of Hermosa Beach --- 07-24-01RESOLUTIONS TO PLACE ON THE BALLOT THREE MEASURES SUBMITTED BY PETITION AND REQUEST CONSOLIDATION WITH THE COUNTY AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION OF NOVEMBER 6, 2001
Recommendation: It is recommended that the City Council take the following actions:
Background : At the meeting of June 12, 2001, the City Clerk presented to the Council a Certificate of Sufficiency for the UUT initiative petition and provided the options allowed by State law. The City Council ordered a report, pursuant to Elections Code Section 9212, analyzing the fiscal impact of the proposed ordinance. At its meeting of July 10, 2001, the City Council reviewed and then received and filed the report that was ordered at the June 12 meeting. Presented with the State-mandated options of either adopting the proposed ordinance or placing it on the ballot at the next regular municipal election, the Council directed the City Clerk to prepare the documents required to submit the ordinance, without alteration, to the voters at the November 6, 2001, General Municipal Election. The other two measures - one to establish City Council term limits and the other to establish coastal restrictions - were also submitted by petition and qualified in 1999 for placement on the November 6, 2001, ballot. The certificates of sufficiency for the measures were presented at the Council meeting of October 12, 1999. The reports on the measures, which were ordered by the Council pursuant to Elections Code Section 9212 and were presented to the Council at its meeting of November 9, 1999, are attached. At its meeting of June 26, 2001, the City Council adopted the resolutions required to call the November 6, 2001, General Municipal Election for the election of three members of the City Council. The resolutions required to place the three measures on the November 6 ballot are attached and must be adopted tonight in order to meet the County deadline. Before adopting the resolutions, however, there are several decisions that the Council must make :
For your information, attached is the final election calendar, which sets Monday, August 13, as the deadline for filing primary arguments and the impartial analysis with the City Clerk, and Thursday, August 23, as the deadline for filing rebuttal arguments, if the Council opts to allow rebuttals. Resolutions (attached) for consideration, amendment if necessary, and adoption : The following resolutions (see attached) are presented this evening for Council adoption: (1) to order and give notice of the submittal of measures to voters, (b) to request consolidation with the County, (c) to set priorities for written arguments and direct the City Attorney to prepare an impartial analysis, and (d) to provide for rebuttal arguments. 1. RESOLUTION NO. 01-
2. RESOLUTION NO. 01-
3. RESOLUTION NO. 01-
Optional, but if adopted, must be adopted at this meeting. 4. RESOLUTION NO. 01-
Optional, but if adopted, must be adopted at this meeting.
FINAL ELECTION CALENDAR
RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF THREE CERTAIN MEASURES, SUBMITTED BY PETITIONS, AND RELATING TO BEACH AND COASTAL ZONE RESTRICTIONS, CITY COUNCIL TERM LIMITS, AND REPEAL OF THE CITY'S UTILITY USER TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, AS CALLED BY RESOLUTION NO. 01-6145
WHEREAS , a General Municipal election on Tuesday, November 6, 2001 has been called by Resolution No. 01-6145, adopted by the City Council on June 26, 2001; and WHEREAS , pursuant to authority provided by statute, two petitions have been filed with the legislative body of the City of Hermosa Beach, California, each signed by more than 10 percent of the number of registered voters of the City - one to submit a proposed ordinance relating to beach and coastal zone restrictions, and the other to submit a proposed ordinance relating to City Council term limits, and WHEREAS , the City Clerk has examined the Los Angeles County records of voter registration for the City of Hermosa Beach and ascertained that each of the petitions is signed by the requisite number of voters, and has so certified; and WHEREAS , pursuant to authority provided by statute, a third petition has been filed with the legislative body of the City of Hermosa Beach, California, signed by more than five percent of the number of Hermosa Beach votes cast for all candidates for Governor in the last gubernatorial election (pursuant to Proposition 218), to submit a proposed ordinance relating to a repeal of the Hermosa Beach Utility User Tax; and WHEREAS , the City Clerk examined the Los Angeles County voting records for the November 3, 1998 gubernatorial election, noting that the number of Hermosa Beach votes cast for all candidates for Governor was 5,564, and ascertained that the petition is signed by the requisite number of voters (at least 279) and has so certified; and WHEREAS , the City Council has not voted in favor of adoption of the ordinances; and WHEREAS , the City Council is authorized and directed by statute to submit the proposed ordinances to the voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES 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 shall be submitted to the voters at the General Municipal Election of Tuesday, November 6, 2001, the following proposed questions:
SECTION 2 . That the proposed ordinances to be submitted to the voters are attached as Exhibit A, B and C. SECTION 3 . That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections and as specified in Resolution No. 01-6145. SECTION 4 . 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 5 . That the City Clerk shall certify to the passage and adoption of this Resolution and shall enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON THE 24TH DAY OF JULY, 2001.
RESOLUTION NO. 01- 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 CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, on June 26, 2001, the City Council of the City of Hermosa Beach adopted Resolution No. 01-6145 calling a General Municipal Election to be held Tuesday, November 6, 2001, for the purpose of electing three Members of the City Council, and Resolution No. 01-6146 requesting consolidation with the UDEL Election; and WHEREAS, the City Council is also submitting to the voters three proposed ordinances submitted by petitions relating to beach and coastal zone restrictions, City Council term limits, and a repeal of the City's utility user tax; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the UDEL Election to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; 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 Section 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the UDEL Election on Tuesday, November 6, 2001, for the purpose of the election of three Members of the City Council and the submittal of the three proposed ordinances by petitions. SECTION 2 . That the measures are to appear on the ballot as follows:
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 Hermosa 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 Los Angeles. SECTION 7 . 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 the passage and adoption thereof in the minutes of the meeting at which the resolution is adopted. PASSED, APPROVED, AND ADOPTED THIS 24TH DAY OF JULY, 2001.
RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING MEASURES TO BE SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 6, 2001, AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSES
WHEREAS, a General Municipal Election is to be held in the City of Hermosa Beach, California, on Tuesday, November 6, 2001 , at which there will be submitted to the voters the following measures:
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 9219 of the Elections Code of the State of California, the persons filing an initiative petition have first priority to file a written argument in favor of the ordinance, and the City Council has first priority, if it chooses, to submit an argument against the ordinance. SECTION 2 . That the Hermosa Beach City Council hereby authorizes as follows: Councilmember ______________ to prepare the direct argument against the measure proposing beach and coastal zone restrictions; Councilmember _____________ to prepare the direct argument against the measure proposing City Council term limits; and Councilmember _______ to prepare the direct argument against the measure proposing to repeal the City's utility user tax; with all Councilmembers invited to sign each argument. Said members of that body to file written arguments against the measures specified above, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, 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 measures may be submitted to the City Clerk. SECTION 3 . That the City Council directs the City Clerk to transmit a copy of the measures 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 each measure showing the effect of the measure on the existing law and the operation of the measure. If the measures affect the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analyses. The impartial analyses shall be filed by the date set by the City Clerk for the filing of primary arguments. 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 24TH DAY OF JULY, 2001.
RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR THREE MEASURES SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 6, 2001
WHEREAS, Section 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, toadopt 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, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, 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 November 6, 2001, and shall then be repealed. SECTION 4 . That the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same into 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 ON THIS 24TH DAY OF JULY, 2001.
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