REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Lisa Lane Barnes, City Clerk
PREPARED BY: Lisa Lane Barnes, City Clerk
Subject:
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Petition for An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled “Public Operation of Library Services”
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Statement of Issue:
A citizen initiative petition (Petition) with signatures was submitted to the City Clerk’s Office on November 25, 2024, to amend the Huntington Beach Municipal Code by adding Section 2.30.100 entitled “Public Operation of Library Services.” A prima facie review was conducted on November 25, 2024. On November 26, 2024, the City Clerk’s Office delivered the Petition to the Orange County Registrar of Voters (ROV) with a request to conduct a signature verification to determine whether the number of petition signatures qualified the initiative for submission to the voters. The ROV delivered a Certificate to Verification of Signatures on Petition for the Petition on January 2, 2025, confirming qualification for submission to the voters. The City Council is asked to adopt Resolution No. 2025-03 accepting the certificate of verification of signatures from the ROV and to order a “Report of Effect of Proposed Initiative.”
Financial Impact:
The cost for the Registrar of Voters to conduct a 100% signature verification exercise to determine voter registration evidence of 17,144 signatures was $58,289.60 ($3.40 a signature).
Recommended Action:
recommendation
A) Adopt Resolution No. 2025-03, “A Resolution of the City Council of the City of Huntington Beach Accepting the Certificate as to Verification of Signatures on Petition from the Orange County Registrar of Voters Regarding the Initiative Petition Entitled “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services;’” and,
B) Order a “Report of Effect of Proposed Initiative” pursuant to California Elections Code Section 9212, presented to the City Council within the timeframe described, but no later than 30 days after the elections official certifies to the City Council the sufficiency of the petition.
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Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
On November 25, 2024, a citizen initiative petition (Petition) “An Ordinance to Amend the Huntington Beach Municipal Code by Adding section 2.30.100, Entitled ‘Public Operation of Library Services’” (Attachment 1) was delivered to the City Clerk, and a prima facie review was conducted that qualified the number of signatures collected at 17,657. On November 26, 2024, the Petition was delivered to the Orange County Registrar of Voters (ROV) with a request to conduct a 100% signature verification exercise. A total of 13,247 signatures was required to qualify for submission to the voters, and 13,257 signatures were verified. The ROV delivered a Certificate to Verification of Signatures on Petition (Certificate) for the Petition on January 2, 2025.
Pursuant to Elections Code Section 9114, the Certificate is required to be presented to the City Council at its next regularly scheduled City Council meeting.
As the petition has been found to be sufficient and contains signatures of not less than 10% of the registered voters of the City of Huntington Beach, City Charter Section 703 and Elections Code Section 9215 require the City Council to take one of the following courses of action:
(a) adopt the ordinance, without alteration; or
(b) submit the initiative, without alteration, to the voters at the next regular election occurring not less than 88 days after the order of election, or
(c) order a report on the effect of the proposed initiative measure pursuant to Section 9212 of the Elections Code at the regular meeting at which certification of the petition is presented, which report may include information on any or all of the following: (1) its fiscal impact; (2) its effect on the internal consistency of the city’s general and specific plans; consistency between planning and zoning, and its effect upon state policy prohibiting discrimination in housing opportunities and encouraging the development of new housing, especially for persons and families of lower income; (3) its effect upon the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs; (4) its impact on funding for infrastructure of all types; (5) its impact on the community’s ability to attract and retain business and employment; (6) its impact on the use of vacant parcels of land; (7) its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization; and (8) any other matters the City Council requests to be in the report.
If the City Council elects to order a report, pursuant to Section 9212 of the Elections Code of the State of California the report shall be presented to the City Council within the time prescribed by the City Council but no later than 30 days after the elections official certified the sufficiency of the petition to the City Council, no later than February 20, 2025. If a report is ordered, the report will be presented to the Council at the next regular City Council meeting scheduled for February 18, 2025. Following receipt of the report, the City Council shall submit the initiative measure to a vote by the electorate of the City.
The City Council is asked to accept the ROV’s certification by Resolution (Attachment 2) and order a “Report of Effect of Proposed Initiative.”
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ballot Title and Summary
2. Resolution No. 2025-03, “A Resolution of the City Council of the City of Huntington Beach Accepting the Certificate as to Verification of Signatures on Petition from the Orange County Registrar of Voters Regarding the Initiative Petition Entitled “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services