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 City of Hermosa Beach --- 07-27-99PLACING ON THE BALLOT A MEASURE, SUBMITTED BY PETITION, WHICH PROPOSES TO REPEAL THE CITY'S UTILITY USER TAX, REQUESTING CONSOLIDATION WITH THE COUNTY AND CERTAIN OTHER RESOLUTIONS NECESSARY FOR THE GENERAL MUNICIPAL ELECTION, NOVEMBER 2, 1999 Recommendation : It is recommended that the City Council take the following actions:
Background : At the meeting of June 22, 1999, the City Clerk presented to the Council a Certificate of Sufficiency for the subject 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. Also at that meeting, as a separate item, the City Council adopted the required resolutions associated with calling the November 2, 1999 General Municipal Election for the election of two members of the City Council, a City Clerk and a City Treasurer. At the following meeting of July 13, 1999, the City Council reviewed and then received and filed the report that was ordered at the June 22 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 2, 1999 General Municipal Election. The resolutions required to add this measure to the November 2 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 :
YES_______ NO_______
For your information, attached is the final election calendar, which sets Monday, August 9, as the deadline for filing primary arguments and the impartial analysis with the City Clerk, and Thursday, August 19, as the deadline for filing rebuttal arguments, if the Council opts to allow rebuttals. Resolutions (attached) for consideration, amendment if necessary, and adoption : 1. RESOLUTION NO. 99-
2. RESOLUTION NO. 99-
3. RESOLUTION NO. 99-
Optional, but if adopted, must be adopted at this meeting. 4. RESOLUTION NO. 99-
Optional, but if adopted, must be adopted at this meeting.
Attachments: Final Election Calendar Four resolutions required to place measure on November 2 ballot Proposed ordinance (attached to the first resolution as Exhibit "A"
ELECTION CALENDAR NOVEMBER 2, 1999 GENERAL MUNICIPAL ELECTION June 22 (Tu) - Adopt regulations for candidate statements, call election, etc. July 8 (Th) - Publish notice of election for candidates July 12 - Aug. 6 (M-F) - Filing period for nomination papers (unless extended) [5 p.m.] July 27 (Tu) - Order submittal of ballot measures only - Adopt all required resolutions not yet adopted, if any July 28 (W) - Post notice for filing arguments Aug. 5 (Th) - Publish notice of election for measures only Aug. 6 (F) [5 p.m.] - Deadline for filing nomination papers (unless extended) - Deadline for filing request for consolidation with County Aug. 9 (M) - Deadline for filing arguments & impartial analysis with City Clerk Aug. 11 (W) [5 p.m.] - Extended deadline for filing nomination papers (if incumbent does not file by Aug. 6 deadline) - Last day to withdraw or amend measure and to notify County Aug. 12 (Th) - Secretary of State does randomized alphabet drawing to determine order of names on ballot Aug. 12 & Aug. 19 (Th) - Publish notice of nominees (if Aug. 6 nomination deadline applies) Aug. 13 (F) - Last day to submit certified list of candidates, candidate statements, ballot measure impartial analysis and arguments to County Aug. 16 (M) - County notifies Clerk of letters assigned to ballot measures Aug. 19 (Th) - Deadline for filing rebuttals with City Clerk Aug. 19 & Aug. 26 (Th) - Publish notice of nominees (if Aug. 11 nomination deadline applies) Aug. 23 (M) - Last day to submit rebuttals to County Sept. 2 (Th) - County delivers proofs to Clerk Sept. 6 - Oct. 19 (M-Tu) - Filing period for write-in candidates Oct. 4 (M) - Last day to register to vote Oct. 4 - Oct. 26 (M-Tu) - Voters may request absentee ballots from County Nov. 2 (Tu) [7 a.m. - 8 p.m.] - Election Day Nov. 23 (Tu) - Adopt resolution declaring election results - Elected officials seated
RESOLUTION NO. 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE, SUBMITTED BY PETITION AND RELATING TO REPEAL OF THE CITY'S UTILITY USER TAX, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999, AS CALLED BY RESOLUTION NO. 99-6006
WHEREAS , a General Municipal election on Tuesday, November 2, 1999 has been called by Resolution No. 99-6006, adopted by the City Council on June 22, 1999, and 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 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 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 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 2, 1999, the following proposed question:
SECTION 2 . That the text of the proposed ordinance to be submitted to the voters is attached as Exhibit A. 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. 99-6006. 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 27TH DAY OF JULY, 1999.
RESOLUTION NO. 2 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 2, 1999, PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, on June 22, 1999, the City Council of the City of Hermosa Beach adopted Resolution No. 99-6006 calling a General Municipal Election to be held Tuesday, November 2, 1999, for the purpose of electing two Members of the City Council, a City Clerk and a City Treasurer, and Resolution No. 99-6007 requesting consolidation with the School Election; and WHEREAS, the City Council is also submitting to the voters a proposed ordinance submitted by petition relating to a repeal of the City's utility user tax; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the School 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 School Election on Tuesday, November 7, 1995, for the purpose of the election of two Members of the City Council, a City Clerk and a City Treasurer, and the submittal of a proposed ordinance by petition. SECTION 2 . That the measure is 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.
PASSED, APPROVED, AND ADOPTED THIS 27TH DAY OF JULY, 1999.
RESOLUTION NO. 3 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 GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 1999, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Hermosa Beach, California, on Tuesday, November 2, 1999 , at which there will be submitted to the voters the following measure:
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 person(s) 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 Councilmember ______________________, with all Councilmembers invited to sign as members of that body, to file a written argument against the City measure 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 3 . 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 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 27TH DAY OF JULY, 1999.
RESOLUTION NO. 4 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 GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 2, 1999
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 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 2, 1999, 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 27TH DAY OF JULY, 1999.
EXHIBIT A
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING SECTIONS 3.36.040, 3.36.050, 3.36.060, 3.36.070 AND 3.36.080 OF CHAPTER 3.36 OF THE MUNICIPAL CODE OF THE CITY OF HERMOSA BEACH THE CITY OF HERMOSA BEACH TAXPAYER CONSENT ACT The people of the City of Hermosa Beach do ordain as follows: SECTION 1. FINDINGS, DETERMINATIONS AND DECLARATIONS. (a) Proposition 218, the "Right to Vote on Taxes Act," passed by the people of California in 1996 is intended to provide effective tax relief and to require voter approval of new, extended or increased taxes, assessment, fee and charge increases. However, local government has subjected taxpayers to excessive tax, assessment, fee and charge increases without their consent that frustrates the purposes of voter approval for new, extended or increased taxes. (b) The 6 % Utility User Tax was imposed on the businesses and people of the City of Hermosa Beach without their consent. (c) Hermosa Beach with its assessment districts and Utility User Tax has higher taxes than other cities. Everything we buy in Hermosa Beach costs more because of the 6% Utility User Tax. Local businesses suffer from the competition in other cities without excessive taxes. (d) The Utility User Tax was promised to expire shortly after being imposed yet continues to this day, fourteen (14) years later. The citizens of Hermosa Beach wish to have their right to vote on this tax as demonstrated by their passage of Proposition 218, the "Right to Vote on Taxes Act" in 1996. (e) This initiative protects taxpayers by allowing the people of Hermosa Beach an opportunity to repeal the Utility User Tax if they so wish, and require that any future attempt to levy, extend or increase such a tax be submitted to the voters of Hermosa Beach for their consent or rejection. SECTION 2. PURPOSE AND INTENT. The purpose and intent of this act is to provide effective tax relief and to require voter approval of any new, extended or increased taxes. The City of Hermosa Beach Municipal Code is subject to the following modifications: Sections 3.36.040, 3.36.050, 3.36.060, 3.36.070 and 3.36.080 of Chapter 3.36 of the Hermosa Beach Municipal Code are hereby REPEALED in their entirety. SECTION 3. ALTERATION. There shall be no modifications, amendments, or repeal of any provision of this ordinance without a majority vote of the people. SECTION 4. SEVERABILITY. If any section, subsection, clause, word or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance and shall remain in full force and effect; it being expressly declared that this ordinance, and each section, subsection, sentence, clause, word and phrase hereof, would have been prepared, proposed, adopted and approved irrespective of the fact that any one or more sections, subsections, sentences, clauses, words or phrases be declared invalid or unconstitutional. The portions of this act shall supersede all inconsistent provisions of city law. SECTION 5. Any ordinance which is adopted concurrently with this ordinance which receives less votes and is in conflict with any provisions herein shall be repealed in its entirety and be of no force and effect. SECTION 6. This act shall take effect January 1, 2000. SECTION 7. This initiative measure is to be adopted by the City Council of Hermosa Beach or be submitted to the voters at the next succeeding municipal election or at a special election as provided for by law. SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted as required by law.
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