1978
AMENDED SPECIAL MEETING AGENDA
CITY OF LA HABRA HEIGHTS
CITY COUNCIL
1245 North Hacienda Road
La Habra Heights, California 90631
3:30 p.m. 10:30 a.m. Regular Business
August 17, 2022
1, Fabiola Huerta, as City Manager of the City of La Habra Heights, do hereby call a special meeting of the City Council of the City of La Habra Heights, to be held at the time and place, listed above to discuss the matters listed below.
Fabiola Huerta, City Manager of the City of La Habra Heights The City of La Habra Heights complies with the Americans with Disabilities Act of 1990.
If you require special assistance to attend or participate in this meeting, please call the City Clerk's office at (562) 694-6302.
Materials related to any items on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection at the City Clerk's Office at 1245 N. Hacienda Road, La Habra Heights, CA 90631 during normal business hours.
Social distancing is still required inside City Hall. The public may physically attend City Council meetings. Due to limited designated seating, members of the public will be allowed to enter on a first come, first served basis. To protect Council Members, members of the public and staff, face masks are required for all unvaccinated individuals and for staff. Members of the public who are vaccinated can enter City Hall without a mask if proof of vaccination is provided. The City will evaluate the current circumstances before each meeting to decide if it is safe to change ongoing COVID-19 safety protocols in place.
Members of the public may also go to www.Lhhcity.org to view the live broadcast of the City Council meeting.
VIEW THE CITY COUNCIL MEETING LIVE AT: WWW.LHHCITY.ORG
The public may provide public comments on the agenda item during Item No. 4, PUBLIC COMMENTS via phone at (562) 694-6302 Ext. O. If you would like to provide public comment via telephone, please begin your call once the Mayor calls the meeting to order.
Should you need to provide written documentation, please give the Clerk a minimum of NINE (9) copies prior to the start of the meeting so the information can be distributed to the Council.
OPENING CEREMONIES
1. CALL MEETING TO ORDER
2. ROLL CALL
A. Roy Francis, Mayor
B. Norm Zezula, Mayor Pro Tempore
Brian Bergman, Council Member
Carey Klingfus, Council Member
E. Dennis Laherty, Council Member
3. FLAG SALUTE
4. PUBLIC COMMENTS ON ITEMS ON THE AGENDA
ADMINISTRATIVE ITEMS
ACTION TO WITHDRAW CITY COUNCIL APPROVED BALLOT MEASURE
FROM THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2022-25 withdrawing a City
Council approved ballot measure from the
General Municipal Election to be held on
Tuesday, November 8, 2022.
- END OF ADMINISTRATIVE ITEMS ---
ADJOURN MEETING
UPON ADJOURNMENT OF THE MEETING, PLEASE LEAVE THE ROOM PROMPTLY
AND TAKE YOUR PERSONAL BELONGINGS WITH YOU TO ALLOW STAFF TO CLEAN UP AND CLOSE THE BUILDING. IF YOU ARE RECORDING, PLEASE NOTE
THAT THE CONVERSATIONS THAT TAKE PLACE FROM THIS POINT FORWARD
MAY BE PRIVATE, ARE NOT PART OF THE PUBLIC MEETING, AND CONSENT OF
ALL PARTIES TO THE CONVERSATION MAY BE REQUIRED PRIOR TO RECORDING.
AMENDED SPECIAL CITY COUNCIL MEETING AGENDA 2 AUGUST 17, 2022 R City of La Habra Heights
AGENDA REPORT
Meeting Date: August 17, 2022
1978 Agenda Item # _5
TO: Honorable Mayor and Members of the City Council
FROM: Fabiola Huerta, City Manager/City Clerk
SUBJECT: ACTION TO WITHDRAW A CITY COUNCIL APPROVED BALLOT
MEASURE FROM THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 8, 2022
BACKGROUND
At the June 13, 2022 City Council meeting, the Council approved Resolution No. 2022- 19 ordering the submission of a Measure relating to the City's appropriations limit at the General Municipal Election to be held on Tuesday, November 8, 2022.
A Gann Limit, or Appropriations Limit, is a restriction on how much a local governmental agency is allowed to spend in a year. The Gann Limit's for local governments in California were originally set by Proposition 4 in 1979. The result of this Limit is that sometimes a government agency will collect more revenue than it can legally spend, forcing it to return some of the money. Article XIIIB of the California Constitution gives voters in a Bed more or one can can governmental jurisdiction the authority to override a local Gann Limit, allowing the jurisdiction to spend all of its revenue.
In 1997, voters in the City of La Habra Heights approved a special fire tax as well as an "override" to increase the City's Appropriations Limit in order to allow the City to spend the proceeds of this tax. The law allows such an override to last for a maximum of four years. Voters approved overrides in 2001, 2005, 2009, 2013 and 2017. The override expired on November 7, 2021 when the election was changed from November of odd years to November of even years. However, in FY 2021/22 the City was within its Gann The City's Appropriations Limit since FY 2016/17 is as follows:
Fiscal Year Appropriations Limit Actuals - Revenues Difference 2016/17 $3,772,040 $3,551,965 $ 220,075
2017/18 $3,933,522 $3,755,926 $ 177,596
2018/19 $4,098,679 $4,036,611 $ 62,068
2019/20 $4,256,052 $3,970,298 $ 285,754
2020/21 $4,404,740 $4,140,570 $ 264,170
2021/22 $4,644,925 *$4,007,593 *$ 637,332
2022/23 $4,941,664 *$4,265,756 *$ 675,908
Fiscal Year Actuals -
Appropriations Limit Difference
Expenditures
2016/17 $3,772,040 $3,257,024 $ 515,016
2017/18 $3,933,522 $3,186,609 $ _746,913
2018/19 $4,098,679 $3,762,944 $ 335,735
2019/20 $4,256,052 $3,585,581 $ 670,471
2020/21 $4,404,740 $3,193,928 $1,210,812
2021/22 $4,644,925 *$3,974,675 *$ 670,250
2022/23 $4,941,664 *$3,856,732 *$1,084,932
*Estimated amounts
The City relied on the override in fiscal years 2013/14, 2014/15 and 2015/16. From fiscal year 2016/17 and on, the override has not been used. The measure can be added to the 2024 General Municipal Election ballot.
FISCAL IMPACT
The total cost for the November 8, 2022 General Municipal Election is estimated to be $45,000.
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 2022-25 withdrawing a City Council approved ballot measure from the General Municipal Election to be held on Tuesday, November 8, 2022.
ATTACHMENT
1. Resolution No. 2022-25
AGENDA REPORT APPROVAL
Rafferty Wooldridge
City Manager Assistant City Manager
ATTACHMENT #1
RESOLUTION NO. 2022-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA HABRA
HEIGHTS, CALIFORNIA, WITHDRAWINGA CITY COUNCIL
APPROVED BALLOT MEASURE FROM THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, pursuant to the authority provided by statute, on June 13, 2022, the City Council of the City of La Habra Heights adopted Resolution No. 2022-19 ordering the submission to the qualified electors of the City of a certain measure relating to the City's appropriations limit (the "Measure"); and
WHEREAS, the City Council was therefore authorized and directed by California Elections Code Section 9222 to submit the proposed Measure to the voters at an election occurring not less than 88 days after the date of the order of election; and WHEREAS, California Elections Code Section 9605 provides: "Notwithstanding any other provision of law, whenever a legislative body has ordered that a measure or proposal be submitted to the voters of any jurisdiction at a special election, the order of election shall not be amended or withdrawn after the 83rd day prior to the election. The order of election shall be amended or withdrawn upon the filing of a resolution by the legislative body stating the specifics concerning the amendment or withdrawal. The resolution shall be filed with the election official not later than the 83rd day prior to the election."; and
WHEREAS, on August 17, 2022, the City Council of the City of La Habra Heights determined that they now wish to withdraw the Measure from the ballot; and WHEREAS, pursuant to Elections Code Section 9605, the City Council takes this action to formally withdraw the Measure from the November 8, 2022 General Municipal Election ballot and to cancel all further election proceedings for the Measure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA HABRA
HEIGHTS, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.
SECTION 2. Withdrawal of Ballot Measure from November 8, 2022 General Municipal Election. The City Council, pursuant to its legal duty under California Elections Code Sections 9605 hereby rescinds its action on June 13, 2022 and orders the Measure attached hereto as Exhibit "A" to be withdrawn from the ballot for the General Municipal Election to be held on Tuesday, November 8, 2022. The Measure shall not be printed in the ballot and no further election proceedings shall be undertaken with respect to the Measure, except as necessary to remove it from the ballot as set forth herein.
SECTION 3. November 8, 2022 General Municipal Election to Be Held for All Other Election Matters. This Resolution only removes the attached Measure from the ballot.
SECTION 4. Election Cancellation Procedures. The County Registrar of Voters is authorized, instructed, and directed to take all appropriate action to remove the Measure from the November 8, 2022 General Municipal Election as set forth herein.
SECTION 5. CEQA. The City Council hereby finds and determines that withdrawal of the ballot measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, section 15378(b)(5).
SECTION 6. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.
SECTION 7. Effective Date of Resolution. This Resolution shall become effective upon its adoption.
SECTION 8. Certification of Resolution. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 17h day of August, by the City Council of the City of La Habra Heights in the State of California by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
CITY OF LA HABRA HEIGHTS
Roy Francis, Mayor
APPROVED AS TO FORM:
Michael Maurer, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
1, Fabiola Huerta, City Clerk do hereby attest to and certify the foregoing Resolution No. 2022-25 was adopted by the City Council of the City of La Habra Heights at the Special City Council meeting held on August 17, 2022.
Fabiola Huerta, City Clerk Date
EXHIBIT A
TEXT OF WITHDRAWN MEASURE
Shall an ordinance be adopted to renew the City's Y
authority to spend existing revenues from the E
special fire tax approved by two-thirds of the City's S voters in 1997 to provide essential fire and life
safety services by renewing the voter-approved N
amendment to the City's appropriations limits?