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Home My WebLink AboutCC AG PKT 2006-12-11 #Q e e 'e AGENDA REPORT DATE: December 11, 2006 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Linda Devine, City Clerk SUBJECT: CERTIFY RESULTS OF SUFFICIENCY OF REFERENDUM PETITION AGAINST ORDINANCE NUMBER 1553 SUMMARY OF REQUEST Receive and file "Certificate as to Verification of Signatures on Petition" issued by the Orange County Registrar of Voters, stating that a sufficient number of signatures have been verified for the referendum petitions protesting the adoption of Ordinance Number 1553. Council options: . repeal Ordinance Number 1553; . call for and set the date for an election; or · continue consideration of this item until a future council meeting. BACKGROUND After numerous public hearings and meetings before the Planning Commission and the City Council, the Council adopted Ordinance Number 1553 ("the 25 Foot Ordinance" hereinafter) on October 7, 2006. The 25 Foot Ordinance would have amended sections 28-701 and 28-801 of the Seal Beach Municipal Code, which set the maximum height of residences in the Medium Density and High Density R Zones in District 1. The Municipal Code currently allows for a maximum height of 35-feet on the rear half of lots that are 37.5 feet or wider in District 1 ("the 35 Foot Ordinance" hereinafter). The 25 Foot Ordinance would have imposed a uniform height standard, regardless oflot width, on stories and a maximum height of25 feet ~ A group opposed to the ordinance, "Save Our Seal Beach, Inc.," circulated a referendum petition protesting the adoption of the 25 Foot Ordinance. In order to be valid, a referendum petition must be submitted to the City Clerk within thirty days of the adoption of the ordinance, and must be signed by at least 10% of the registered voters in the City. The City Clerk requested that the Orange County Registrar of Voters verify the results, and the Registrar issued a certificate verifying that at least 10% of the registered voters in the City have signed the petitious. Now that the signatures on the petitions have been verified, the 25 Foot Ordinance will remain inactiv~ unless approved by a majority vote at an election. The Council now has the discretion to either (1) repeal the 25 Foot Ordinance, (2) call a special election and submit the 25 Foot Ordinance to the voters (the earliest date would be 88 days from the date the Council calls the Agenda Item & e e / e election; due to scheduling issues, staff recommends April 24, 2007 if the Council wants to set an election now), or (3) wait until the November 2008 General Municipal Election and submit the 25 Foot Ordinance to the voters at that time. Elections Code Section 9241 provides: "If the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for the purpose, not less than 88 days after the order of the legislative body. The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it. If the legislative body repeals the ordinance or submits the ordinance to the voters, and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters. " Note that if the City Council determines that an election should be held, the Council has the option of adding other measures onto the ballot. These could include City Charter amendments and measures on fees for services such as tree trimming and street sweeping. ANALYSIS OF COUNCIL OPTIONS 1. Reoealing the 25 Foot Ordinance: . The 2S Foot Ordinance would be repealed . The 35 Foot Ordinance would still be valid · The Council could not enact the same 25 Foot Ordinance for one year after its repeal . The Council may adopt other ordinances related to residences (e.g. development standards for structures in excess of 25 feet in height), provided that the new ordinance is not "substantially the same" as the 25 Foot Ordinance 2. Calling for an election: · The Council may opt to call an election tonight or call it at any time prior to 88 days before the November 2008 General Municipal Election date · The window period for the election date: no sooner than 88 days from the call of election, no later than the November 2008 General Municipal Election date · The 35 Foot Ordinance would be in effect unless and until the voters approve the 25 Foot Ordinance · The 25 Foot Ordinance would be stayed until the outcome of the election · The Council could not enact the same 25 Foot Ordinance for one year after the date of the election if the voters disapprove the 25 Foot Ordinance · The Council may adopt other ordinances (before or after the election) related to residences (e.g. development standards for structures in excess of 25 feet in height), provided that the new ordinance is not "substantially the same" as the 25 Foot Ordinance -2 - e 3. Continuance: The Council may defer taking any action at this time. The 35 Foot Ordinance would be in effect; the 25 Foot Ordinance would be stayed. The Council and Planning Commission may consider other ordinances related to residences (e.g. development standards for structures in excess of 25 feet in height). The Council may not adopt an ordinance "substantially the same" as the 25 Foot Ordinance. FINANCIAL IMPACT The Orange County Registrar of Voters verified the validity of the petition signatures, in order to determine whether the required 10% of the number of registered voters (18,986) had signed the petition, or 1,899 persons. In order to successfully verify 1,899 signatures, it was necessary for the registrar to review 2,326 of the signatures, finding 427 invalid. The County charge for verification is $3.40 per signature checked, for a total cost of$7.908.40. The estimated cost to hold a Special Election would be between $50,000 and $70,000. (This would be a city-wide, mail-in ballot election.) If the election is held with the regularly scheduled Council election in November 2008 (consolidated with Orange County) the cost would be included with the council races. RECOMMENDATION e Receive and file the Orange County Registrar of Voters "Certificate as to Verification of Signatures on Petition" declaring the suf:liciency of the referendum petitions protesting Ordinance Number 1553 submitted by "Save Our Seal Beach, Inc." Consider: (1) repealing Ordinance Number 1553: (2) calling for and setting the date for an election; or (3) continuing this item until another date. ~. Q II v A 'lI'M.:"..! L da't1vine, ity Clerk - e Attachments: County "Certificate as to Veri:lication of Signatures on Petition" - 3 - e e e CERTIFICATE AS TO VERIFICATION OF SIGNATURES ON PETITION State of California) )ss. County of Orange I, Neal KeJJey, Registrar of Voters of the County of Orange, do hereby certify that I am the county officer having charge of the registration of voters in the County of Orange, and I have examined, or caused to be examined, the petition submitted to the City of Seal Beach entitled, .Save our Seal Beach, Inc.". I further certify that from said examination I have determined the following facts regarding this document: Number of signatures filed: Number of signatures required: Number of signatures verified: Number of signatures found valid: 3.540 1.899 2.326 1.899 Number of signatures found invalid: 427 WITNESS my hand and Official Seal this 21st day of November, 2006.