HomeMy WebLinkAbout07/26/83July 26, 1983
Honorable Mayor and Members City Council Meeting
of the City...Council of July 26, 1983
EL SEGUNDO REFINERY GROIN:
COASTAL COMMISSION PROCEEDINGS
Recommendation
It is recommended that your Honorable Body convey an official
position to the California Coastal Commission as a part of the
Commission's July 28 proceedings.
Background
The California Coastal Commission staff has reviewed the Chevron
proposal. The matter is scheduled for hearing on Thursday, July
28 (Burton W. Chase Park, Marina Del Rey).
The California Coastal Commission staff is recommending that the
Commission approve the application with conditions requiring the
submittal of a detailed project monitoring program to evaluate
the project's impacts on sand supply in the subject regional area,
to evaluate the project changes to the beach profile, to evaluate
the project's effects on surfing conditions, to mitigate any
adverse impacts on sand supply to down -coast beaches through sand
replenishment and a condition requiring the applicants to recon-
struct the County bike path across the project site..
Analysis
The City of Manhattan Beach, while evidencing concern over the
project, has decided not to oppose the Coastal Commission staff
recommendations. In essence, the City of Manhattan Beach is
"satisfied" with the adequacy of the many recommended conditions
(see attached Coastal Commission staff report).
The City of Hermosa Beach, both legislatively and administratively,
have also expressed concerns re. this project. At this point in
time we would call the following to your attention:
1. A registered geologist has rendered a formal opinion
that the proposed groin will act in a manner sub-
stantially similar to that of the Topaz Street groin
in Redondo Beach. It has further been reported that
this groin has not had an adverse impact.
2. A key to the Coastal Commission staff recommendation
is an extensive Monitoring Program. City concurrence
in the Coastal Commission staff recommendation would '
imply a strong faith and trust in that review process.
As described on Pages 3 and 4 of the Commission report,
the Monitoring Program must cover at least ten years
and shall be in a format acceptable to the Commission.'
1- ADDITIONAL 2q,
ITEM '�
City Council Meeting of July 26, 1983
El Segundo Refinery Groin: Coastal Commission
Proceedings..
Page 2
3. Sand replenishment is to be a Chevron responsi-
bility.
4. At this juncture, the City of Hermosa Beach lacks
any other technical data to refute the represen-
tations of Chevron and the mitigations proposed
by the Coastal Commission.
Gregor T. Meyer
Ci y Manager
GTM/ld
Attachment
July 20, 1983
Regular Meeting of
July 26, 1983
Mayor and Members of
the City Council
SPECIAL MUNICIPAL ELECTION - 11-8-83
BALLOT MEASURES, ARGUMENTS, REBUTTALS
Recommendations:
1. To approve for the ballot pamphlet proposed Ordinance No. 83-733
(Hydrocarbon Recovery)
2. To approve wording of ballot measures on the:
(a) Hotel Ordinance No. 83-724 - Biltmore Site
(b) Schumacher Initiative Ordinance No. 83-725,- Biltmore:Site
(c) Civil Service Ordinance No. 83-726
(d) Proposed Ordinance No. 83-733 - Hydrocarbon Recovery
Analysis:
This material must be in final approved form well before the City Council
meeting of August 9, 1983 for inclusion in the several resolutions to be
adopted at that meeting.
The City Manager, City Attorney and City Clerk have worked in concert to
draft the attached measures in legal, lucid form. However, the final
decision on the verbiage is the council's.
Pages 14, 15 and 16 of the minutes of the meeting of 6-28-83, relating
to the persons who volunteered to write arguments in favor of the 5
council measures and against the Schumacher Initiative are attached,
together with a word count standard, relevant election codes and another
calendar.
—Charlotte Malone, -City Clerk
Concur:
IY�
Grgoi Meye
City Manager
Attachments: 0-83-733, Ballot Measures, Pgs. 14,15,16 (6-28-83),
Word Count Stds. Calendar, E.C. 4015, 4015.5, 5013, 5014
5014.1, 5014.5 , 5015, 5016, Form of.>tateme ,t to be filed
on argument/rebuttal.
July 20, 1983
BALLOT MEASURES - SPECIAL MUNICIPAL ELECTION - 11-8-83
BILTMORE SITE
HOTEL
SHALL ORDINANCE NO. 83-724, AN ORDINANCE SUBMITTED TO THE VOTERS
BY THE CITY COUNCIL, BE ADOPTED WHICH PERMITS ONE HOTEL, WITH A
HEIGHT NOT TO EXCEED 75 FEET, OF AT LEAST 175 ROOMS AND ACCESSORY
RESTAURANT USES, IN THE DOWNTOWN BEACH AREA, AND SHALL THE CITY
ENDEAVOR FOR TWO YEARS TO DEVELOP THIS HOTEL ON THE BILTMORE SITE?
THE DOWNTOWN BEACH AREA IS DEFINED AS BOUNDED BY HERMOSA AVENUE,
15TH STREET, THE STRAND AND 11TH STREET.
FORTY-NINE TIMESHARE RESIDENTIAL CONDOMINIUMS
SHALL INITIATIVE ORDINANCE NO. 83-725 BE ADOPTED WHICH PROVIDES:
1. THAT THE CITY SHALL ENTER INTO AN AGREEMENT WITH DAVID T.
SCHUMACHER GRANTING HIM A TWO-YEAR OPTION, UPON PAYMENT OF $5,000,
TO LEASE THE BILTMORE SITE FOR 55 YEARS FOR THE DEVELOPMENT OF
49 TIMESHARE RESIDENTIAL CONDOMINIUM UNITS; 2. THE OPTION IS
EXERCISED BY THE PAYMENT TO THE CITY OF $95,000; 3. THE CITY
SHALL RECEIVE $200,000 PER YEAR RENTAL UPON ISSUANCE OF A CERTIFICATE
OF OCCUPANCY, ADJUSTABLE EVERY FIVE YEARS, NOT EXCEEDING 2% EACH
YEAR; 4. THE DEVELOPMENT SHALL NOT EXCEED 45 FEET IN HEIGHT?
CIVIL SERVICE
SHALL ORDINANCE NO. 83-726, AN ORDINANCE SUBMITTED TO THE VOTERS
BY THE CITY COUNCIL, AMENDING SECTION 2-25 OF THE MUNICIPAL CIVIL
SERVICE ORDINANCE "EFFECT OF CITIZENSHIP AND MARITAL STATUS
ON ELIGIBILITY FOR SYSTEM." PARAGRAPH 3 TO READ: "THE WORKING
OF SPOUSES IN THE SAME DEPARTMENT, DIVISION, OR FACILITY SHALL
BE REASONABLY REGULATED SO THAT SUPERVISION, SAFETY, SECURITY
AND MORALE MAY BE MAINTAINED THROUGH THE FORMULATION AND
PERIODIC REVISION OF PERSONNEL RULES..." PURSUANT TO GOVERNMENT
CODE SEC. 12940 (a) (3) (i)?
HYDROCARBON RECOVERY
SHALL ORDINANCE NO. 83-733, AN ORDINANCE SUBMITTED TO THE VOTERS
BY THE CITY COUNCIL, BE ADOPTED, AMENDING SECTION 21-10 OF THE
CITY MUNICIPAL CODE ENTITLED "OIL WELLS PROHIBITED, EXCEPTIONS"
BY CREATING ANOTHER EXCEPTION TO THE PROHIBITION AGAINST OIL
WELLS, SO THAT THE PROCUREMENT OF OIL MAY OCCUR FROM NEW WELLS
AT THE PRESENT CITY MAINTENANCE YARD AT THE CORNER OF VALLEY
DRIVE AND SIXTH STREET?
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10
11
12
13
14
15
16
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18
19
231
ORDINANCE NO. 83- 733
AN ORDINANCE OF THE CITY OF HERMOSA BEACH SUBMITTED TO THE VOTERS
BY THE CITY COUNCIL AMENDING THE PROHIBITION AGAINST OIL WELLS
TO ALLOW THE PROCUREMENT OF OIL AND GAS FROM CERTAIN CITY OWNED
LANDS.
The people of the City of Hermosa Beach do ordain as
follows:
SECTION 1. Municipal Code Section 21-10 is hereby amended
to read in full as follows:
"Section 21-10. Oil Wells Prohibited, Exceptions.
It shall be unlawful for any person to drill, bore or
otherwise sink or maintain, pump or operate or cause to be
drilled, bored or otherwise sunk, or maintained, pumped or
operated, or to aid in the drilling, boring or otherwise sinking,
or maintaining, pumping or operating of any gas or oil well or
wells or derricks or oil well apparatus for the purpose of
procuring oil, gas or other hydrocarbon substances within any
portion of the city except for wells in actual operation or at th
present City Maintenance Yard at the corner of Valley Drive and
Sixth Street..
SECTION 2. This ordinance may be amended only by a vote
of the people.
SECTION 3. If any portion of this ordinance is declared
invalid, the remaining portion is to be considered valid.
SECTION 4. Upon certification that this ordinance has been
adopted by the voters of the City, the Mayor shall sign and the
City Clerk shall attest to the passage and cause the ordinance to
be published in the Easy Reader not later than the fifteenth day
after its adoption.
Brandt/Reddick/Castaneda & Associates to prepare the
revision of the Land Use Element. To direct the City
Manager to sign a contract for the provision of these
services ($14,850.00).
Motion Barks, second Brutsch
Ayes: Barks, Webber, Mayor Pro T -m Brutsch
Noes: Wood
Absent: Mayor Schmeltzer
6. AWARD OF BID: AUDITORIUM REHABILITATION. MEMORANDUM FROM
OaVD&INITY RESOURCES DIRECTOR ALANA MASTRIAN DATED JUNE 23,
1983.
Corrmunity Resources Director Alana Mastrian presented the
staff report and recorrmendations.
Jim Combs of HNTB, architects on this project, spoke
positively regarding the rebidding of the project.
Councilmember Barks left the dais at 11:10 P.M. and returned
at 11:12 P.M.
ACTION - To accept staff recorrrnendations as follows:
1. Award to Baxter -Davis Construction, Inc., (low
base bidder of $526,075) the contract for the Audi-
torium Renovation Project and approve change order
461 deleting $117,025 from that base bid. (There-
fore the revised bid is $409,050.)
2. Direct staff to proceed to rebid remaining alter-
nates of the project; audio, exterior painting,
seats, grand drape and teaser, carpet.
Motion Barks, second Brutsch
Ayes: Barks, Webber, Mayor Pro Tem Brutsch
Noes: Wood
Absent: Mayor Schmeltzer
7. STATUS REPORT FROM CITY ATTORNEY REGARDING BALLOT MEASURES,
PREPARATION OF ARGUMENTS, REBUTTALS, ETC.
City Attorney Post reviewed the various Elections Code
relating to initiatives, impartial analyses, arguments,
rebuttal arguments, noting that this material must be
completed by July 26, 1983.
(a) Schumacher Initiative
ACTION - To appoint Councilmembers
the Schumacher proposal.
Motion Webber, second Barks
Ayes: Barks, Webber, Wood, Mayor
Noes: None
Absent: Mayor Schmeltzer
-14-
to submit argument against
Pro Tem Brutsch
Minutes 6-28-83
Volunteering were Councilmembers Barks and Webber.
(b) Biltmore Site -Hotel
ACTION - To decide whether the legislative body or a portion
of it would submit an argument in favor of the hotel
proposal.
Motion Webber, second Barks
Ayes: Barks, Webber, Wood, Mayor Pro Tem Brutsch
Noes: None
Absent: Mayor Schmeltzer
(Note - Volunteers below indicated that Council, or a
portion thereof, will submit argument in favor of the
above.)
Volunteering to submit an argument in favor of were
Councilmembers Webber and Barks.
(c) Revisions to Civil Service Ordinance - Nepotism
Rules
ACTION - To decide whether the legislative body or a portion
of it would submit an argument in favor of the civil
service changes on the nepotism rule.
Motion Barks, second Brutsch
Ayes: Barks, Webber, Wood, Mayor Pro Tem Brutsch
Noes: None
Absent: Mayor Schmeltzer
(Note: Volunteer below indicated that Council, or a
portion thereof, will submit argument in favor of the
above.)
Volunteering was Mayor Pro Tem Brutsch.
(d) Landscape Maintenance District `
ACTION - To have the legislative body or portion of, it
submit an argument in favor of the Landscape Maintenance
District.
Motion Webber, second Brutsch. So ordered noting the
the objection of Councilmember Wood.
Mayor Schmeltzer to write the argument in favor.
(e) City -Wide Crossing Guard District
ACTION - To have the legislative body prepare an argument
in favor of a City-wide Crossing Guard Maintenance District.
Motion Webber, second Barks. So ordered noting the
objection of Councilmember-Wood.
Minutes 6-28-83
-15-
Mayor Schmeltzer to write the argument in favor.
(f) Hydrocarbon Recovery
ACTION - To have the legislative body prepare a ballot
measure on Hydrocarbon Recovery which amends the Drilling
Prohibition as follows:
1. To allow hydrocarbon recovery
a) on the City Yard
2. No new drilling to occur until City shall enact an Oil
Well Drilling, Construction, Maintenance and Operation
Code via a public hearing process.
Motion Brutsch, second Webber
Ayes: Barks, Webber, Wood, Mayor Pro Tem Brutsch
Noes: None
Absent: Mayor Schmeltzer
Volunteering were Councilmember Wood and Mayor Pro Tem
Brutsch.
ACTION - To direct the City Attorney to prepare an impartial
analysis on each of the above measures.
Motion Wood, second Webber. So ordered.
8. CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION
None
9. MISCELLANEOUS ITEMS AND REPORTS - CITY MANAGER
(a) Activity Report
ACTION - To receive and file.
Motion Wood, second Webber. So ordered
(b) Tentative Future Agenda Items.
ACTION - To receive and file.
Motion Webber, second Wood. So ordered.
(c) Revenue Report, July 1982 - May 1983.
ACTION - To receive and file.
Motion Wood, second Barks. So ordered.
(d) Expenditure Report, July 1982 - May 1983.
ACTION - To receive and file.
Motion Wood, second Webber. So ordered.
Minutes 6-28-83
-16-
WORD COUNT STANDARD FOR CANDIDATE'S STATEMENTS AND ARGUMENTS
Based on Western Union Domestic Word Count with Common Sense Modifications
Candidate's Statements — 200 word limit
City Attorney's Impartial Analysis — 500 word limit
Direct Arguments — 300 word limit
Rebuttal Arguments — 250 word limit
The following are the guidelines for computing the word count:
1. The title and signatures are not counted - only the text is counted.
2. Punctuation and single characters .............................................free
3. Dictionary words .........................................................one
The words "a", "the", "and", "an" are counted as individual words.
4. Abbreviations
............................................................one
Examples are UCLA, PTA, U.S.M.C., L.A.P.D.
5. Place names
..............................................................one
Examples are Los Angeles - 1 word New York - 1 word
Palos Verdes Estates - 1 word Cardiff by the Sea - 1 word
In general, all cities and towns preceded by "La" or "Los" are counted as 1 word.
6. Whole numbers:
Digits (I or 10 or 100, etc.).................................................one
Spelled out (are or ten or one hundred) .......................... one for each word
7. Numeric combinations (1973, 13%, 1971-73, 5%) ................................one
8. Dates:
All digits (4/8/81) ...................................................one
Words and digits (April 8, 1981)........................................two
9. Monetary amounts (if the dollar sign is used with figures - $ 1,000-00) ................. one
10. Hyphenated words ............................................ one for each word
unless the dictionary shows it as I word.
If the text exceeds the word limit, please ask the author to delete or change a sufficient number of
words, or a sentence, to put it within the required word limit.
The text is printed exactly as submitted. Only obvious misspellings are corrected, as long as the
intended meaning of the author is not changed.
May 4, 1983
CALENDAR OF SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH SCHOOL
DISTRICT ELECTION, TUESDAY, NOVEMBER 8, 1983
JULY 26, 1983 - Council selects ballot measures with precise
wording for inclusion in resolutions below.
(limited to 100 words)
AUGUST 9, 1983 - City Council adopts resolutions: Calling
Election; Requesting Consolidation; Authorizing
certain of its members to file arguments;(recommended)
authorizing rebuttal arguments, if desired;
directing City Attorney to write impartial
analyses/synopses of measures.
AUGUST 11, 1983 - First day for Clerk to publish synopses of measures
( E. C. Section 22835) to be consolidated
with "Notice of Election" and published twice.
AUGUST 12, 1983 - Last day to submit resolutions Calling Election
and Requesting Consolidation to L.A. County
Board of Supervisors and County Election Dept.
AUGUST 22, 1983 - Last day to file arguments. (limited to 300
words). Arguments are subject to a 10 -day
inspection period.
SEPTEMBER 1,183 - Last day to file rebuttal arguments if authorized
by Council. (250 words in length).
SEPTEMBER 19,-183- Last day.to.publish "Notice of Election" as in
August 11, 1983 above.
SEPTEMBER 22, 183- Last day to file a campaign statement with a closing
date of September 17, 1983 with the City Clerk.
OCTOBER 10, 1983 - Registration and transferring closes.
First day voters may apply for absent voter ballot.
OCTOBER 27, 1983 - Last day to file a campaign statement with a closing
date of October 22, 1983 with the City Clerk.
NOVEMBER 1, 1983 - Last day voter may apply for absent voter ballot.
NOVEMBER 8, 1983 - ELECTION DAY. (Polls open 7:00 a.m. to 8:00 p.m.)
Semi -Official results available late that night
or the next morning.
NOVEMBER 22, 1983- City Council declares results of election .
JANUARY 31, 1984 - Last day to file a campaign statement with a closing
date of December 31, 1983 with the City Clerk.
Please contact me if you have any questions.
r '.SCilC •.: .t'. :i
§ 401!i_ Arguments for and against proposal
The persons filing an. initiative petition -pursuant to this article may file s written
argument in favor of the ordinance, and the legislattvd-
e lady may submit an arg
'ment against the ordinance: Neither argument shall exceed. 3W-w•ortu Jn length -
and both arguments. shall. be; printed upon the same sheet of payer sod -mailed to
each voter with the sample. ballot for the election.' - .n
The followingstatement shall be printed on the front cover, or if none, on the
beading of the first page, of the printlal,arguments:s';i „ ••u' ;q-. - ;:c.
'fArgumenta Sa. support.of or in. oppoaitiun to the proposed.laws are the opinions
of the authuca: ,.i:� - t•c•..:v� .:..:. ..
- ,
Printed. arguments submitted to. voters in:accordance ww
ith this ctiom shall;be
_,.. .: ate.._ ,. e-. 4`om„e: IIR..+3tVaNnR or "Argument
the letter or number, it
nmy_be
ntensure- At
length of any argument.'-
(Ameudcd Dy': Stats lSyi7 c- 207 1D,!_ll08r § 4.)
"1977 Amendment. Added -the third+pwra 13S'Ca1.RDtr 41; 667 Pvd' 573, 98•C3d•68A
ALIVe
graph. ,� : Cr .+ l-t_i- --A-I..R.2d. 103&. .;. r 1-. .. -�.�.
1. Validity of Ordinances - "Luninttrr ordinance. adopted ,' ;si ended
lfunmipal zoning ordinance enacted ^by. vrohibanng:-tasuance of further .,'residential
initiative prohibiting ,issuance of further.. Du11UinR Dermits until local educational.
...e....u..--....rit^haat. sewage disposaland water supply facill-
determined py tno earrwrn,aen..+ ..•• ed..whether � sucit- stamaras- uuu- r -,
-and-' and-.` until sewage dtspoaaP.'and' . achieved alnce; because ordinance govern
water supply facilities cumpited with spud -,,..ed issuance or denial of residential build
fled standards,-wm- not unconetitutlunalllY_ '. ins permits, standarda'.must be:. directed
_ vague, even' though F.duration Codo ren in first Instance to city building inspector. -
tains no definition or,--overcrowdsd-clsss who -Is charged with duty of Issuing or de-
- rooms; •`where ordinance- could Iat'Inpter-- eying such parmits, and whose duties are
preted,'to Ineorporstoo standa.ds'adu t•si'' ministerial In character. and can be review- �
by local Joint school district pursuant to' ed -by writ of mandamus: thus ultimate -
authority granted It by 9 1052 for deter- decision as to curnPUnCe with standards
mining whether schools are overcrowded. will be rendered by court Id. -
Asauetated Home Iluildem of Greatec -
Eestbay, Inc, v. City -of Livermore -(1976I"''• =
in r -..'
§ 4015.5 Rebuttal arguments
(a) if the legislative- body submits an orgumeut pgainst-the ordinanai, it shall
lnuncvliately.rend copies of the argument to the persons filing thrr initiative ImUtlen.
The persona filing.tbe initlatIVc_Pet[Ciqu,Ityuy prepare and submit a rcbuttal,xrgu-
went not exceeding 'LSO. wards...;. The legislative body may-preparn trod. submit a
rebuttal to the argument in favor of .the Ordinance not exceeding d/nfonls- The
rebuttal arguments shall be tikxl. withahx elrrk-nut more than 10 1 '
ELECTIONS CODE § 4020
final date for filing direct argdment9. Rebuttal arguments shall be printed in
the same manner as the direct argument9. Each rebuttal argument sbe" immedlate-
ly follow the direct argument which it seeks to rebut
(b) The provisions of subdivision (a) shall only apply if, not later than the day
on which the legislative body calls an election, the legislative body, by a majority
vote, adopts its provision, in which case, the provisions of subdlvl9lOn (a) shall
apply at. the next ensuing municipal election and at ono municipal election ntIlKeures
-
aMr, unless later repealed by the legislative body in accord with the p
of this subdlvisl0n.
(Added by Ststv.IW7, a 701. p.2258. § 1.)
Libra References -
"MuDicipal Corporations Q+108.3. _
c.T.s. Municipal Corporations. 9 966 et-- _
9
§ 5013 ELECTIONS CODE
§ 5013. Filing written argument; length; printing; enclosure with sample bal-
lot; titles
The legislative body, or any member or members of the legislative body authorized
by that body, or any individual voter or bona fide association of citizens, or any
combination of voters and associations, may file a written argument for or against
any city measure. No argument shall exceed 800 words in length. The city clerk
shalt cause an argument for and an araument against the measure to be printed
along with the following statement on the front cover, or if none, on the heading
of the first page, of the printed arguments:
"Arguments In support. or opposition of the proposed laws are the opinions of
the authors:'
The city clerk shall enclose a printed copy.of both arguments with each sample
ballot; provided, that only those arguments filed pursuant to this section shall be
printed rind enclosed with. the sample ballot. The printed arguments. are.official
matter'.' within the meaning of those words used In Section 10010.
Printed arguments submitted to .voters in 'accordancewith this section shall be
r "Argument In Favor Of Measure .. " or.
." accordingly, the blank spaces being
or number; if any. which designates the measure. 1+
argument
§ 5014. Names of persons submitting; number in pamphlet
A ballot argument shall not be accepted under this article unless
accompanied by the name or names of the person or persons submit-
ting it, or, if submitted on behalf of an organization, the name of the
organization and the name of at least one of its principal officers.
No more than five signatures shall appear with any argument
submitted under this article. In case any argument is signed by
more than five persons the signatures of the first five shall be print-
ed.
(Added by Stats.1976, c. 248, § 3.)
1 5014.1-, Names of persons In text; Cu"3ent "�•
A ballot argument or, If applicable, 8, rebuttal argument which Includes In its text
the name of a person, other than'the author of the argument yvho Is represented as
being foror against .a measure; shalt notbe aecepted unless the argument Is accom-
panied by a signed consent; of such person. The consent of at person, other than an
Individual, shall be -signed by an officer or other duly authorized representative.
"Person". as used In this seetlon :menna any Individual, partnership; corporation, assn
elation, committee, labor organization, -and any other organization or- group, of per. - -
sons.
(Added by Stats.1918, a 172, p. 402, 13.)
-_...
Librarryy Refercnees •
MunlclDal Corporations �a108.3 to 108.6, C. eq., 18581904 Corporations Ill. f55 et
867, 903.
Underline Indicates changes or•addltlons by amendment -:
ELECTIONS CODE § 5502O
5 5014.5 Rebuttal arguments
! (a) If any person submits an argument against a city measure, and an argument
bas been filed In'favor of the city measure, the clerk shall immediately send
copies of that argument to the persons filing the argument in favor of the city
measure. The persons filing the argument in favor of the city measure may pre-
pare and submit a rebuttal argument not exceeding 250 words. The clerk shall
send copies of the argument In favor of the measure to the persons filing the argu-
ment against the city measure, wbo may prepare and submit a rebuttal to the argu-
ment in favor of the elty•measure not exceeding 250 words. The rebuttal argu-
ments shall be filed with the clerk not more than 10 days after the final date for
filing direct.:arguments. ;Rebuttal arguments -shall be printed In the same man-
ner as the direct: arguments. Each rebuttal. argument shall Immediately follow
the. direct argument which, it seeks. to, rebut_!_
(b) -Thr provisions. of subdivision - (a) -shalt - only -apply If,not later. than the day
on which- the- legislative; body calls an, ielection; tbe� legislative body,, by majority
vote, adopts:its provlsloaa;-ls which: case, -the provisions of.subdivision.(a) shall,
applyat the .nextensuing municipalelectlon.and at. each municipal election therr
after,_unless late' -repealed, by;the legislative lxxly.. in accord with. the procedures
of this subdivision.
(Added,by.;Statsa, qp, c,701, p,.2258 § 2.)
Librarryy References.
Mmi clpal Corporatlonn p1a8.3. - -
.:.r
'C -T -S MunlClpal CWTH)MUOM § 455 e[
9
5015. Date for sub ; mission; change of arguments' _
'Based on the tfine reasonably necessary to prepare and print the arguments and
sample ballots and to permit the 10 -calendar -day. public examination as -
provided in Article. 6 (conimenchrg W6 Section 5(125) for the particular election, the
city clerk. sban.fix and determine'a reasonable date prior to -the election after -
which no arguments for or. against any city measure may be, submitted for printing
and distribution to the -voters 'as' -provided in this article. Argumentsmay be
changed or withdrawn by their proponents until and including the date fixed by the
city clerk. - .
(Amended by Stats.1980, c. 710, p. 2128, § 9; Stats.1981, C. 1114, p. —, § 10.1 -
55016. Submission of multiple arguments; selections for print-
ing and distribution; preferences
If more than one argument for or more than one argument
against any city measure is submitted to the city clerk within the
time prescribed, the city clerk shall select one of the arguments in fa-
vor and one of the arguments against the measure for printing and
distribution to the voters. In selecting the argument the city clerk
shall give preference and priority in the order named to the argu-
ments of the following:
(a) The legislative body, or member or members of the legisla-
tive body authorized by that body.
(b) The individual voter or bona fide association of citizens, or
combination of voters and associations, who are the bona fide spon-.
sors or proponents of the measure.
(c) Bona fide associations of citizens.
(d) Individual voters.
(Added by Stats.1976, c. 248, § 3.)
0 •
FORM OF STATEMENT TO BE FILED BY AUTHOR OF ARGUMENT
All arguments concerning measures filed pursuant to Division S, Chapter 3 (beginning with Sec-
tion 4000) of the Elections Code shall be accompanied by the following form statement, to be signed by
each author of the argument:
The undersigned author(s) of the argument
(primary/rebuttal) (in favor of/against)
ballot proposition at the election for the
(name or number) (title of election)
to be held on hereby state that such argument
(jurisdiction) (date)
is true and correct to the best of knowledge and belief.
(his/their)
Signed Date
July 14, 1983
Honorable Mayor and Members ofCity Council Meeting of
the Hermosa Beach City Council July 26, 1983
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, REQUESTING STATE LEGISLATURE TO AMEND
TRE CALIFORNIA VEHICLE COD '�'O .NARY F T.AW FNFOR FMFNT
AGENCIES TO PLACE A LIEN ON STORED VEHICLES WITH OUTSTAND-
ING NOTICES OF PARKING VIOLATIONS.",,
�
RECOMMENDATION: C ��
It is recommended that your Honorable Body adopt the 7Cali
resolution requesting the State Legislature to amend ornia Vehicle Code to enable law enforcement agencies
lien on stored vehicles with outstanding notices of parking
violations.
BACKGROUND:
Effective January 1, 1981, Section 22651(i) of the California
Vehicle Code authorized the impounding of vehicles that were not
currently registered and had five or more outstanding citations.
In February of 1982, the City of Hermosa Beach commenced it's
booting and impound program. This program has been very success-
ful. One hundred and ninety vehicles have been booted and/or
impounded, resulting revenue has been approximately $53,000.00.
ANAYLSIS:
Due to the inability of enforcement agencies to recoup the out-
standing bail if an impounded vehicle is sold at a lien sale, the
City has lost over $8,000.00 in potential revenue. Once the
garage owner has recovered his cost from the lien sale, the
remainder of the money is returned to the owner of the vehicle.
If the owner can not be identified, the remaining money is dep-
osited in the State Motor Vehicle Fund. Consequently, the City
can never recover it's outstanding bail.
JoPan Noon
General Services Director
Concur:
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Gregry . eyer
City Manage
CITY MANAGER'S NOTE
With City Council concurrence
this item will also be submitted
to the League for its Resolutions
Committee.
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RESOLUTION NO. 83-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, REQUESTING STATE LEGISLATURE TO AMEND THE CALIFORNIA
VEHICLE CODE TO ENABLE LAW ENFORCEMENT AGENCIES TO PLACE A LIEN
ON STORED VEHICLES WITH OUTSTANDING NOTICES OF PARKING VIOLATIONS.
WHEREAS, Section 22651(i) of the California Vehicle Code
authorizes vehicles registered in a foreign jurisdiction or with-
out a current California registration and is known to have five or
unpaid notices of parking violations to be impounded; and
WHEREAS, the California Vehicle Code provides no means
for local government to satisfy uncollected bail on vehicles im-
under Section 22651(i) if the vehicle is not recovered
11 (within the prescribed period; and
12 WHEREAS, this deficiency has caused a great loss of
13 revenue for local governments.
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NOW, THEREFORE, THE CITY COUNCIL OF THE
15 CITY OF HERMOSA BEACH CALIFORNIA, DOES
RESOLVE AS FOLLOWS:
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17 SECTION 1. That the City of Hermosa Beach does hereby
18 request the State of California legislators to consider an
19 lammendment to the California Vehicle Code by adding Section
20 1122851.1, Lien on Stored Vehicles with Outstanding Notices of
21 J�Parking Violations, which reads as follows:
22 II "Whenever a vehicle has been removed to a garage under
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provision of Section 22651(i) and the vehicle is not recovered
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y the owner within the prescribed period or the owner is unknown,
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26 he impounding law enforcement agency.shall have a lien dependent
27 J�pon possession by the contract storing agency for its satis-
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ction of outstanding bail for all notices of parking violations
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issued for that vehicle, once the garage keeper has satisfied his
lien in the manner prescribed in this article, the proceeds of
the sale shall be applied to the unsatisfied bail on notices of
parking violations. The remainder, if any, shall be paid to the
legal owner, if any, or to the owner if there is no legal owner,
or if no legal owner can be located, the remainder shall be dep-
osited with the department for deposit in the Motor Vehicle Fund.'
SECTION 2. That the City Clerk shall cause this
resolution to be forwarded to the appropriate State Legislators
for their consideration.
PASSED, APPROVED, and ADOPTED this day of
1983.
PRESIDENT of the CITY COUNCIL, and
MAYOR of the City of Hermosa Beach, California
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY