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HomeMy WebLinkAboutCC AG PKT 2007-01-22 #T e e e AGENDA REPORT DATE: January 22, 2007 TO: Honorable Mayor and Ci.ty Council THRU: John B. Bahorski, City Manager FROM: Linda Devine, City Clerk SUBJECT: SPECIAL MUNICIPAL ELECTION 2007 SUMMARY OF REOUEST Approve ordinance/resolutions and give direction relating to the proposed City of Seal Beach Special Municipal Election on Ordinance Number 1553: CJ Ordinance calling and giving notice of holding all mail ballot special election on April 24, 2007 o Resolution requesting County services CJ Resolution setting priorities for filing written arguments and directing the City Attorney impartial analysis CJ Resolution for filing Qf rebuttal arguments CJ Cancel April 23, 2007 Council meeting CJ Give direction regarding mail ballot pre-paid postage on return envelopes. CJ Alternate option: Give direction to staff to provide Council with proposed language for additional ballot measures to be place on ballot (which would require an election date later than April 24, 2007): - charter amendments increase in street sweeping fees - increase in tree trimming fees BACKGROUND After receiving the qualified referendum submitted by Save Our Seal Beach, the City Council at their December 11, 2006 meeting voted to have staff prepare the necessary documents to call and give notice of an aU mail ballot Special Municipal Election on Tuesday April 24, 2007 for the submission of Ordinance Number 1553. SHALL ORDINANCE NUMBER 1553 AMENDING Y THE SEAL BEACH MUNICIPAL CODE TO ALLOW E A MAXIMUM HEIGHT OF 25 FEET AND 2 S STORIES IN THE RESIDENTIAL ZONES IN N ZONING DISTRICT 1 (OLD TOWN) BE ADOPTED? 0 Agenda Item r e ELECTION PROCESS The all mail ballot election process will be used in the April 24, 2007 Special Municipal Election. The voter pamphlets and ballots will be mailed out to all registered voters in the City. The voters will either return their ballots by mail or drop their ballots off at City Hall - Office of the City Clerk from March 27th to Election Day (there will be only one additional drop-off site in Leisure World on Election Day from 7:00 a.m. to 8:00 p.m. - location to be announced at a later date). City Hall will be the only drop-off site open on Saturday April 22nd from 10:00 a.m. to 2:00 p.m. All ballots must be returned to City Hall - Office of the City Clerk by 8:00 p.rn. on April 24th - no postmarks will be counted. The ballot~ will be tallied in the City Council Chambers on April 24th after 8:00 p.m. and results will be live on SBTV. The proposed election calendar: April 14 April 22 April 24 May 1 July 31 ACTION Council Adopt Resolutions Post Notice of Deadline for Filing Arguments Last Day to Call Election for additional ballot measures Last Day to withdraw measures from ballot Last Day to file campaign expenditure statements (semi-annual statement) Last Day to file arguments (14 days after Council call election) Last Day to file rebuttal arguments (10 days after arguments) Last Day to file campaign expenditure statements (1st pre-election statement) First Day to mail out ballots Drop-off ballots - Office of the City Clerk - City Hall Last Day to register to vote Last Day to file campaign expenditure statements (2nd pre-election statement) First Day to process returned ballots Drop-off ballots - Office of the City Clerk - City Hall ELECTION DAY Declaration of the Results Last Day to file campaign expenditure statements (semi-annual statement) DAlE January 22 January 23 January 26 January 31 January 31 February 5 e February 15 March 15 March 26 March 27 - April 24 April 9 April 12 NOTE: If the Council sets the Election Day for April 24, 2007, staff is recommending that the regular Council meeting the prior night (April 23rd) be canceled. e FINANCIAL IMPACT The estimated cost will range from $50,000 to $70,000. The City has used the single source election consultant, Martin & Chapman, Inc. to assist in the conducting of the ele~tions and will be having them provide their services in the April 24, 2007 mail ballot Special Election. Other costs: Orange County Registrar of Voters services, election e workers, supplies, etc. The cost for returned postage in the March 28th, 2006 election was approximately $2,100 (about 5,373 ballots returned by US mail). RECOMMENDATION OPTION 1: Approve the following items related to the April 24, 2007 all mail ballot Special Municipal Election: 1) Ordinance NumberJ calling and giving notice of the holding of a mail ballot Special Municipal Election to be held in the City on Tuesday April 24th, 2007 on proposed Ordinance Number 1553. 2) Resolution Number requesting that the Board of Supervisors of the County of Orange to render specified services to the City relating to the conduct of the mail ballot Special Municipal Election to be held on Tuesday, April 24th, 2007. 3) Resolution Number setting priorities for filing written argument regarding the referendum on Ordinance Number 1553 and directing the City Attorney to prepare an impartial analysis. Determine wordine: for Section 1. e 4) Resolution Number providing for the filing of rebuttal arguments for city measure submitted at municipal elections. Determine wordine: for Section 3. 5) Give direction regarding the City paying the postage on ballot return envelopes. OPTION 2: Direct staff to come back with a revised ordinance setting date of election and revised resolutions to include additional ballot measures. ~}~ J1..~J Lin a Devine, City Clerk NOTED AND APPROVED: ~'~~ n B. orski, CIty Manager Attachments e e ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH OROERING, CALLING, AND GIVING NOTICE OF THE HOLDING OF AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION ON TUESDAY, APRIL 24, 2007, FOR THE SUBMISSION TO THE QUALIFIED VOTERS ORDINANCE NUMBER 1553 REGARDING CERTAIN HEIGHT LIMITS IN DISTRICT 1 RECITALS: A. On October 8, 2006, Ihe City Council adopted Ordinance Number 1553 ("the Ordinance") amending Seal Beach Municipal Code Sections 28-701 and 28-801 to allow 2 storias and a maximum height of 25 feet in the Residential Medium Density and Residential High Density, District 1 (Zone Text Amendment 08-1). B. The City published the Ordinance in accordance with City Chartar ("Charter") !i 414. C. Save Our Seal Beach, Inc. filed a referendum petition, signed by more than 10% of Ihe City's registered volers, seeking to repeal Ihe Ordinance or submit tt to a vote of the voters. Charter!i 514 governs referenda and incorporales by reference applicable provisions of Ihe California Election Code. e D. Based upon its examinalion of the records of regislralion, the Orange County Registrar of Voters has ascertained that the requistte number of voters have signed the petition. Accordingly, the Registrar has delivered to the City Clerk a Certificate as 10 Verification of Signatures. E, The City Council has not voled to repeal the Ordinance. F, The Charter authorizes and directs the City Council to submit the Ordinance to the voters, NOW, THEREFORE, the City Council of the City of Seal Beech, Califomla, does ordain as follows: SECTION 1. Pursuant to the requirements of the Charter, The Council hereby calls, orders, and provides notice of an all mail ballot Special Municipal Election to be held on Tuesday, April 24, 2007 ("Election Day") for the purpose of submitting the following measure to the voter of the City: SHALL ORDINANCE NUMBER 1553 AMENDING Y THE SEAL BEACH MUNICIPAL CODE TO ALLOW E A MAXIMUM HEIGHT OF, 25 FEET AND 2 S STORIES IN THE RESIDENTIAL ZONES IN N ZONING DISTRICT 1 (OLD TOWN) BE ADOPTED? 0 SECTION 2. The text of \he OI'dlnance submitted 10 the voters is attached as Exhibit 'A". e SECTION 3, The mail ballots to be used at Ihe election shall be in form and conlenl as required by law, SECTION 4. The Council hereby authorizes, inslructs, and directs \he City Clerk 10 procure and furnish any and all official ballots, notices, printed mailer and all supplies, equipmenl, and paraphernalia Ihal may be necessary in order 10 properiy and lawfully conduct Ihe eJection. e SECTION 5. The Office of the City Clerk shall be open 29 days before Election Day on weekdays (excluding hoildays) from 8:00 a.m. to 5:00 p,m. and on Election Day from 7:00 a.m. to 8:00 p.m" and at that time, shall be closed. SECTION 6. In all particulars nOl reelled in this ordinance, the election shail be held and conducted as provided by applicable law for holding mail bailOl municipal elections. SECTION 7. Pursuant to the City Charter and City ordinances the Special Election shail be conducted by ail mail ballot, and shail be conducted pursuant to Chapter 2 of DMsion 4 (Commencing with i 4100) of the Calffomia Elections Code only Insofar as required by law, and only where not Inconsistent with the Charter and City ordinances. NOlwithstanding Elections Code i 4103, ballots cast in this Special Election shall be retumed to the Office of the City Clerk no later than 8:00 p.m. on election day. Only ballots received in the Office of the City Clerk by 8:00 p,m. on Election Day shail be counted. SECTION 8. The Council hereby directs the City Clerk to provide further or additional nollce of the election, in time, fonn, and manner as required by law. SECTION 9. Pursuant to ~ 416, this ordinance shail take effect and be In force immediately upon its adoption. SECTION 10, The City Cieri< shail certify to the passage and adoption of this ordinance, shall cause same to be published as required by law, and entered Into the book of original ordinances. e PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 22nd deyof Januarv . 2007. Mayor ATTEST: City Cieri< STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CliY OF SEAL BEACH ) I, Linda Devine, City Cieri< of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance was passed, approved and adopted by the City Council of the City ot Seal Beach at a meeting thereof held on the 22nd day of Januarv, 2007, by the foilowing vOle: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members . City Clerk EXHIBIT "A" e OROINANCE NUMBER..UY AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTIONS 28-701 AND 28-8111 OF THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO ALLOW 2 STORIES AND A MAXIMUM HEIGHT OF 25 FEET IN THE RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL HIGH DENSITY, DISTRICT 1 (ZONE TEXT AMENDMENT 06-1) _n 1. The CIty Councll hereby an'oOI1d!I Seal Beach Mun,-' Cads _on 21l-701.A.l (Maximum Height, Main Bulldlngs and Second Dwelling Units for the Residential Medium Density Zone) to read as fellows: "Section 28-7Cl1 General ProvisIons lot Size DDen SDBce Bulk and Vards. A. ProvIsions applYing In all d1stricls: 1. Maximum Height, Main BuIlding and Second DwelUng Units: ........ ........ ......... .....................2 stories, 25 ft. maximum" ~. The City Council hereby amends Seal Beach Munlcfpal COde Section 28-S01.F (MBXlmum Height, Main BulJdlngs and Second Dwelling Units for 1hB Residential High Density Zone) to raad as foJJows: "Section 28.801 GRnBml Provisions Lot Slm Doen SOBCR Bulk Bnd Yams. e F. MaxJmum Height, Main Building and Second Dwelling Units: District I...... . ......................2 SIorles, 25 ft. rnaxlm.J:m Dlstrfctll, Vi.......... ...... ................. ....... .......35 ft.. Sflctian 3. The CIty Council hereby determlnes tha.t dev&loprTl8l (I projects tor 3-story resIdences located on the rear half of lots 31 5 feet wide Dr wider In the Residential Medium Density and Residential High Density, DlstnC11 Zones that have rec81ved "Coastal Commission Concept AppCOY&l- by the DlrBctor of Oeve\opment Services no laler than May 31, 2007 and have obtained a buikllng permit no later than May 31, 2008 may proceed 10 devalop in accordance wfth the halght standards in effect pnor to tha adopUon 01 Ordinance No. 1553 and In substantial compIiBr'08 with the plans approved by the "Coastal Commission Concept Approval - CII)' staff shall note on any -COastal COmmlSl!lIon Concept Approval- obUuned prior to May 31, 2007 that such approvaf Is rendered null and VOid if t:hd: applicant falla to obtain B. City building permI'l to build a structure 1n excess of 25 feet by Ma)' 31. 2008 ~ The City Clerk shall certify to the adoption of thiS Ordinance and shall CBUse the same to be publiShed In the manner prescribed by law. PASSED, APPROVED AND ADOPTED by tho City Council oIlhe City 01 Seal Seech elo meeting thereof held OIl tho --ID!l.. day 01 October 2006. ATTEST: John Larsbn Mayor City Clerk STATE OF CAUFOANIA } COUNTY OF ORANGE ) SS CITY OF SEAL BEACH } I, Linda DevIne, City CJetk of the City of Seal Beach, CalIfornIa, do hereby certJfy that the foregoing Ordinance Is an origInal cop)' of Ordinance NUmber~on file In the offICe of the CIty Clerk, IntrodUced at 0 _ _ on 1he-.!olL day 01 Oduber 2006. ond paasad, opproved and BdopIad by the City Council of 1he City of Seal Beach ala meeting held on the..JUt!.. day of OclobBr , 2006 by the following vote: AVES: CounCIlmembers AntnR Shanks YbBbBn NOES: Councllmembers Lst'Rcn levitt ABSENT: CourdmBl,.be1& NOIl8 ABSTAIN: Ccun::llmembacs None anddoh8rebyfurtherC8l'11fythatOrdinanceNunmr~has been pubUshed pursuant to the Seal Beach City Charter and. Resolution Number 2836. e unda DBVlne CltyClell< e RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CAUFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 24,2007. WHEREAS, a Special Municipal Election is to be held in the City of Seal Beach, CalWomia, on April 24, 2007; and WHEREAS, in the course of conduct of the election II is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Seal Beach; NOW, THEREFORE, the Clly Council of the City of Seal Beach, California, does resolve, declare, determine, and order as follows: e SECTION 1. That pursuant to the provisions of ~ 1 0002 of the Elections Code of the State of California, this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and fumlsh to the City for use In conducting the election the computer record of the names and address of all eligible registered voters in the City In order that the City may print labels to be attached to self-mailer sample ballot pamphlets; and will make available to the City additional election equipment to hold an all mail ballot election and assistance according to state law, SECTION 2. That the Clly shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3. That the City Clerk is directed to forward without deley to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. 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 BY THE City Council of Seal Beach, at a meeting hereof held on the ~ day of Januarv, 2007 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor e e ATTEST: City Clerk STATE OF CALIFORNIA J COUNTY OF ORANGE J SS CITY OF SEAL BEACH I I, Linda Devine, City Clerk for the City of Seal Beach, California, do hereby cert~y that the foregoing resolutions Is the original copy of Resolution Number on file in the office of the Cny Clerk, passed, approved an adopted by the City Council of the City of Seal Beach at a regular meeting hereof held on the 22nd day of Januarv , 2007. City Clerk e e e RESOWTION NUMBER_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SEtTING PRIORITIES FOR RLlNG A WRItTEN ARGUMENT REGARDING THE REFERENDUM ON ORDINANCE NUMBER 1553 AND DIRECTING THE CITY AtTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, an all mall ballot Special Municipal Election Is to be hald in the CIty of Saal Beach, Califomla, on April 24, 2007 at which there will be submitted to the voters the following measure: 1 ~HALL ORDINJ\NCE NUMBER 1553 AMENDING Y THE SEAL BEACH MUNICIPAL CODE TO ALLOW E A MAXIMUM HEIGHT OF 25 FEET AND 2 S STORIES IN THE RESIDENTIAL ZONES IN iii ZONING DISTRICT I (OLD TOWN) BE ADOPTED? 0 NOW, THEREFORE, the City Council of the City of Seal Beach, California, does resolve, declare, determine, and order as follows: e [SECTION 1. That the City Council authorizes Councllmember to file a written argument in fevor of the City measure specified above, and Council member to file a written argument against the Clly measure specified above, accompanied by the printed name(s) and signature(s) of the Councilm&mb&ls submi\\lng the arguments, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of Ihe State of Cellfomia and 10 change Ihe argument until end including the date Ilxed by the City Clerk after which no arguments for or egainsl the City measure may be submitted to the City Clerk.] [SECTION 1. That the City Council aultIoliZElS ALL membe<ll G\ the City Council 10 file (a) written argumenl(s) In Favor of or Againsl City measurers), accompanied by the prinled narne(s) and signature(s) of the Councilmember(s) submitting ii, in accordance with Article 4, Chapler 3, Division 9 of the Elections Code of the Slale of California and 10 change Ihe argumenl until and Including Ihe dale fixed by Ihe Cily Clerk alter which no arguments for or againsllhe City measure may be submitted to the City Clerk,] The arguments shall be filed with the City Clerk, signed, wi!h the prinled narne(s) and signature(s) of Ihe aulhor(s) submi\\lng it, or if submitted on behalf of an organizalion, Ihe name of the organizalion, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument (see altachment ""'0), SECTION 2. That the City Council directs the City Clerk to transmll a copy of the measure to the city attomey, unless the organization or salaries of the office of the city allorney are affected. The city a\\omey shall prepare an impartial analysis of Ihe measure showing the effect of the measure on the existing law and the operation of the measure. 1\ the measure affects the organization or salaries of the office of the city allorney, the city clerk shall prepare the impartial analysis. The impartial analysis shell be filad by the date sat by the City Clerk \or the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adopbon of this resolution and enter it Into the book of original resolutions. e e PASSED, APPROVED AND ADOPTED BY THE City Council of Seal Beach, at a meeting hereof held on the 22nd day of Januarv ,2007 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk e STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, CRY Clerk for the City of Seal Beach, Califomia, do hereby certify that the foregoing resolutions is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved an adopted by the City Council of the City of Seal Beach at a regular meeting hereof held on the 22nd day of Januarv , 2007. City Clerk e e Attachment "A" FORM OF STATEMENT TO BE FILED BY AUTHOR Of ARGUMENT . All arguments concerning measures flied pursuant to Division 9, Chapter 3 (beginning wtth S 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in tavor of/against) ballot measurll regarding Ordinance Number 1553 at the Special Municipal Election for the City Of Saal Beach to be held on Tuesday, April 24. 2!J07 hareby state that the argument is true and COllect to the best ot (hislher/their) knowledge and belief. Sign Name Print Name Date 1\ 21 31 4\ 51 e e RESOLUTION NUMBER_ A RESOLUTION OF TliE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIOING FOR THE FlUNG OF REBUTTAL ARGUMENTS FOR CITY MEASURE SUBMmED AT AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION. WHEREAS, !i 9220 and 9285 of the Elactions Code of the State of California authorize the Citt Council, by majority vote, to adopt provisions to provide lor Ihe filing of rebuttal arguments for city measures submilled at municipal elections; NOW, THEREFORE, the City Council of the City of Seal Beach, California, does resolve, declare, deten11ine, and order as follows: e SECTION 1, That pursuant to !i 9220 and 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposnion to the authors of any argument against the measure and a copy of an argument against Ihe measure to Iha authors of any argument in lavor of tha measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submn a rebuttal argument not exceeding 250 words or may authorize in wtning any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than live. The rebuttal . arguments shall be flied with the City Clerk, signed, with the printed name(s) and signature(s) of the authOr(s) submitting n, or il submllled on behall 01 an organization, the name 01 the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days aller Ihe final date lor filing direct arguments. The rebuttal arguments shall be accompanied by the Form 01 Statement To Be Filed By Author(s) of Argument (see attachment "A'). 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 lor city measures are repealed. [SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election aller thai lime]. [SECTION 3. Thai the provisions of Section 1 shall apply only to the election to be held on and shalllhen be repealed]. SECTION 4. That the City Clerk shall certify to the passage and adoption 01 this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED BY THE City Council of Seal Beach, at a meeting hereof held on the 22nd day 01 Januarv ,2007 by the lollowing vote: AYES: Council Members NOES: Council Members ABSENT: Council Members e ABSTAIN: Council Members e' Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk for the City of Seal Beach, CalKomla, do hereby certify that the foregoing resolutions is the original copy of Resolution Number on .tUe in the office of the City Clerk, passed, approved an adopted by the City CouncU of the City of Seal Beach at a regular meeting hereof held on the 22nd day of Januarv , 2007. City Clerk e e e Attachment" An FORM OF STATEMENT TO BE FILED BY AUTHOR OF ARGUMENT All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with ~ 9200) of the Elections Code shall be accompanied by the following form statement to be signed by each proponent, and by each author, if different, of the argument: The undersigned proponent (s) or author(s} of the (primary/rebuttal) argument (in favor of/against) ballot measure regarding Ordinance Number 1553 at the Special Municipal Election for the City Of Seal Beach to be held on Tuesday, April 24, 2007 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Sign Name Print Name Date e 1) 2) 3) 4) 5) e