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HomeMy WebLinkAboutCC AG PKT 2008-05-27 #M . . . AGENDA STAFF REPORT DATE: TO: THRU: FROM: May 27, 2008 Honorable Mayor and City Council David Carmany, City Manager Linda Devine, City Clerk SUBJECT: CALL FOR ELECTION - HEIGHT LIMIT SUMMARY OF REQUEST: Give staff directions regarding the following necessary ordinances and resolutions calling for an election: [J Ordinance calling and giving notice of holding all mail ballot special municipal election on Seotember 16. 2008; Resolution requesting County services; Resolution setting priorities for filing written arguments and directing the City Attorney impartial analysis; Resolution for filing of rebuttal arguments. [J Ordinance calling and giving notice to place ballot measure on the November 4. 2008 consolidated City Council General Municipal Election & Orange County Presidential Election; Resolution requesting County services; Resolution setting priorities for - filing written arguments and directing the City Attorney impartial analysis; Resolution for filing of rebuttal arguments. BACKGROUND: On May 12th the City Council adopted Ordinance #1571-U repealing Ordinance #1569 (Title 11, Zoning Code) and reviving Chapter 28, Zoning of the Seal Beach Municipal Code. The direction to staff was to present the City Council with options for an election asking voters the following question: Shall the Seal Beach Municipal Code be y amended to limit the maximum height of E s residential development in the Old Town Area to 25 feet? N 0 Agenda Item M Page 2 Election Process for September 16. 2008: . The all mail ballot election process will be used in the Special Municipal Election. The voter pamphlets and ballots will be mailed out to all registered voters (19,772) in the City of Seal Beach. The voters will either return their ballots by mail or drop their ballots off at City Hall - Office of the City Clerk from August 19, 2008 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 September 13th 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.m. on September 16th, 2008 - no postmarks will be counted. The ballots will be tallied in the City Council Chambers on Election Day - September 16, 2008 after 8:00 p.m. and results will be Jive on SBTV-3. The proposed election calendar: DATE May 27 May 27 May 28 June 10 June 20 June 25 July 17 July 31 August 7 August 18 Aug 19 - Sept 16 September 1 September 4 September 5 September 6 September 12 September 13 September 16 September 23 January 31 April 1 ACTION Council Adopt Ordinance # 1572 Calling Election Council Adopt Resolutions Post Notice of Deadline for Filing Arguments Last Day to file arguments (14 days after Council call election) Last Day to file rebuttal arguments (10 days after arguments) Last Day to withdraw measures from ballot Last Day to request postage check for Mailing of Ballots Last Day to file campaign expenditure statements (semi-annual statement) Last Day to file campaign expenditure statements (1 st 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 Publish Notice of Central Counting Place Post Notice - Vote by Mail Canvass & Notice of Manual Tally 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) Submit Report on Measure to Sec. of State . FINANCIAL IMPACT: The estimated cost for Special Municipal Election will range from $50,000 to $601000. The City has used the single source election consultant, Martin & Chapman, Inc. to assist in the conducting of the elections and will be having . them provide their services in the September 16th all mail ballot Special .0 . . Page 3 Municipal Election. Other costs: Orange County Registrar of Voters services, election workers, supplies, etc. The estimated cost for the Orange County consolidated General Municipal Election on November 4th, 2008 would be from $30,000 to $40,000. RECOMMENDATION: OPTION 1: Approve the following items related to the September 16, 2008 all mail ballot Special Municipal Election: 1) Ordinance Number 1572 calling and giving notice of the holding of a mail ballot Special Municipal Election to be held in the City on Tuesday September 16, 2008 on proposed Height Limit of 25 feet in Old Town. 2) Resolution Number 5733 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, September 16, 2008. 3) Resolution Number 5734 setting priorities for filing written argument regarding the Height Limit of 25 feet in Old Town and directing the City Attorney to prepare an impartial analysis. Determine wordina for Section 1. 4) Resolution Number 5735 providing for the filing of rebuttal arguments for City measure submitted at municipal elections. Determine wordina for Section 3. OPTION 2: Direct staff to come back with a revised ordinance setting date of election and revised resolutions for election on November 4, 2008. ~D~. 'hI/ Lin a Devine, City Clerk NOTED AND APPROVED: 0.;./ , City Manager Attachment: A. Ordinance Calling for Election . ORDINANCE NUMBER 1572 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION ON TUESDAY, SEPTEMBER 16, 2008, FOR THE SUBMISSION TO THE QUALIFIED VOTERS A PROPOSED ORDINANCE WHEREAS, the City Council of the City of Seal Beach, California desires to submit to the voters at a special municipal election a proposed ordinance relating to a 25 foot height limit on residences in the Old Town Area; and WHEREAS, the City Council is authorized by its. Charter and by state statute to submit the proposed ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the City Charter, the City Council hereby calls and orders to be held in the City of Seal Beach, Califomia, on September 16, 2008, an all mail ballot Special Municipal Election for the purpose of submitting the following measure: . Shall the Seal 8each Municipal Code be y E amended to limit the maximum height of s residential development in the Old Town Area to t--- 25 feet? N 0 SECTION 2, The text of the ordinance submitted to the voters is attached as Exhibit "A", SECTION 3. The ballots to be used at the election shall be in form and content as required by law. SECTION 4. The City Clerk is authorized, instructed. and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. The Office of the City Clerk shall be open 29 days before Election Day on weekdays (excluding holidays) from 8:00 a.m. to 5:00 p.m. and on Election Day 7:00 a.m. until 8:00 p.m., and at that time shall be closed, except as provided In ~14401 of the Elections Code of the State of California. Only ballots received in the office of the City Clerk by eight o'clock p.m. on Election Day shall be counted. SECTION 6. Pursuant to the Seal Beach Municipal Code, and other applicable provisions of the City Charter and ordinances of the City of Seal Beach, the Special Municipal Election shall be conducted by all mail ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (Commencing with Section 4100) of the California Elections Code only insofar as required by law. and only where not inconsistent with the Charter and ordinances of the City of Seal Beach. . SECTION 7. The ordinance provides notice of the time and place of holding the election and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election. in time, form and manner as required by law. Ordinance Number 1572 SECTION 8. Pursuant to Charter ~416, this ordinance shall take effect and be in force immediately upon its adoption. . SECTION 9. The City Clerk shall certify to the passage and adoption of this ordinance, shall cause the same to be published as required by law, and entered into the book of ordinances. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach, California, at a meeting thereof held on the 27th day of Mav 2008. Mayor ATTEST: City Clerk STATE OF CALIFORNIA} COUNTY OF ORANGE } SS CITY OF SEAL BEACH } . I, Linda Devine, City Clerk 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 of Seal Beach at a meeting thereof held on the 27th day of Mav . 2008, by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby certify that Ordinance Number 1572 has been published as required by law. . City Clerk . Orc:Jinance Number 1572 . EXHIBIT "A" . ORDINANCE NUMBER 1573 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO UMIT THE HEIGHT OF RESIDENTIAL DEVELOPMENT IN THE OLD TOWN AREA TO A MAXIMUM OF 25 FEET THE PEOPLE OF THE CITY OF SEAL BEACH DO ORDAIN AS FOLLOWS: Section 1. Heiaht Limit. The height of residences within the area of Old Town described in Section 3 ("Old Town Area") shall not exceed a maximum of 25 feet. Section 2. Conformina Amendments. The Municipal Code is hereby amended to replace any height limits in excess of 25 feet for residences within the Old Town Area with a maximum height of 25 feet. Section 3. Old Town Area. For the purposes of this Ordinance, the term "Old Town Area" shall mean that area of the City south of Marina Drive and Pacific Coast Highway, east of First Street, north of the Pacific Ocean and west of Seal Beach Boulevard and Seal Way, as shown on the map attached as Exhibit "1". Section 4. Execution. The Mayor is hereby authorized to attest to the adoption of this Orc:Jinance by signing where indicated below. . I hereby certify that the foregoing ordinance was PASSED, APPROVED and ADOPTED by the people of the City of Seal Beach voting on the _ day of ,2008. Charles J. Antos, Mayor Attest Linda Devine, City Clerk . ~/'./ I;' .// :~~.:::::.I;" < ORDINANCE NUMBER 1 573 EXH\B\T 1 ~OD.,d" - " .;;-~~~.fi,.:'"-I' o PROPOSED 25-FOOT HEIGHT LIMIT AREA . . RESOLUTION NUMBER 5733 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, 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, SEPTEMBER 16, 2008. WHEREAS, a Special Municipal Election is to be held in the City of Seal Beach, California, on Tuesday. September 16, 2008; and WHEREAS. in the course of conduct of the election it 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 City Council of the City of Seal Beach, California, does resolve, declare. determine, and order as follows: . SECTION 1. That pursuant to the provisions of ~1 0002 of the Elections Code of the State of Califomia, this City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and fumish 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 City 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 delay 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 the City of Seal Beach on the 27th day of Mav . 2008 by the following vote: A YES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members . Mayor A TIEST: City Clerk Resolution Number 5733 . STATE OF CALIFORNIA} COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Cler\( of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5733 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 27th day of Mav , 2008. City Clerk . . . RESOLUTION NUMBER 5734 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, SErnNG PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE ON A PROPOSED ORDINANCE RELATING TO A 25 FOOT HEIGHT LIMIT ON RESIDENCES IN THE OLD TOWN AREA AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, an all mail ballot Special Municipal Election is to be held in the City of Seal Beach, Califomia, on September 16, 2008 at which there will be submitted to the voters the following measure: Shall the Seal Beach Municipal Code be amended y E to limit the maximum height of residential s development in the Old Town area to 25 feet? N 0 . NOW, THEREFORE, the City Council of the City of Seal Beach, California, does resolve, declare, determine, and order as follows: rSECTIOr\it t:::;TRaHhe::Citi:Co8nci\kai::ithorizes~tG\;inci(Meme~r,~;~;;r~~.:~;\,:(:, .,;~~'~. -::i, to.]ile"::a-~Wririen:;':al:9'uiiierit:-:iA~:,Tavo'[,';,of'the "'CIW: measl:ire,"sp'e<iifi'ed~. above", arid . ~', .: ....:to:. ':oj _;..:;. .." _ :. ~ \." ~ ,~,');~rwl::': 0,' .. ~ ':.At..: '..... ~ .~ ......,' ~-:.... .. to '.i..~' ."~ '" 'f .... .. ',. ~~ ....:l ", -i.v.:,." '.. .... . ~'."" :.. Coimcllr:ner:nl:)er.:~",~,~:,'i.."'~"', '. -;):;,. 'I"'~'!I,:: toAlle:.;'a', wiiitten:~argumenf,",:agamst: the. "Clty m~~s'~re}:~p~iti~~(,~~9~~~,:a~c"OI1}p:~,9i~~:J)~)i,@i?.r}~t~~;:Miii~~}.L~9'diijj~~~f~r.e{~) ol~'th~ ;.c~!l~n"i~ml;5~~::sul;>.r.ni~!1g~~~. .a:r.g1:i,~l1!r~, Af);:'a!?co.f.d~.~ce:.:-w.!~~.:A'1ier~: .:4, Ghapter::.3:, ';Di~sibrn';~9~:;eftfle.~: EiectiohS :.Cede;~ot: ~tt:ie': State!' ~f'.,Califomia:~a:ndf 'to dhaf.1ge:i:tbe':~ar.g'ufi1ent i:iritil.' 'ahd\iriqiiidibg/th~;:~ate:.;fiiedtby .:tHe~CitYJ:;C'I~rk:;aftSr "" ;..... r' ~... ''\' "":'- .Il." . -;.' '~.\~l'.....:~.'t';,:~.':' r ~...J .:l'~',.~..)-""'",,,,:,,,...\, -:.~.. ,./"'.... ..', ~.~.. !..: ':--" w!i!~ll f!9::ar~PrTI~r:1~J~[t:.or agalnsrtf.l~ ~lty!JI'l~AAl:Ir~:'rni[l.Yf~~~~.);IP!!P!~edJo..th~: C,llY CI~r:.KJ [S~ctfON~;~ ~~.:. th~qh_E(.CltYi,~~~IJC~i1"autt;ldfize~"A~L;("i~mJi "''": ~t,t~~'~~!W, pOll.ncii to", file:,\ (~~;;)!y~tterj.~:: ::~r~,u~~~~(sr In:. :~~v.99::o.f'.:'?:.o.r.,,:~~.g~! :" g~!ty.i?~tp~~.~~~f:i,(~); a~compame9d)Y:'lh~".p.nl)te.d ...~am~(~). . ar.l9.:~lgD~tur:~(~H)!,.' i1j,f1t~,~o,:!n~JlmeJ'!lI:)~r,(~) submittihg:;iti..;iri:~accordahb'e :witli.Article. 4l",ChBpter '3~":,lDiyision~9Jol.:-'ttle :Elections Code ..of . the'::Sfate of Gallfornia: and.: tot change- the:~argi:1ffiii:lt'ifliritil~'a.n'ddncluding tii.~' ~at~'~,(r~~~~;.~W!ti~\QjjY::QI~!~ :~ftEi~,:,Wb!q6~~o:jargu:~en~;f9,WP~\:~ga:i~~t~'ti:le:'.c.itY 131$~sli.r~~m~y<.b~:'$I:i.p.rn.i:tl~p;tQ:..the':City", Ole$;] The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, 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 attachment "A"). SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the city clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. . Resolution Number 5734 PASSED, APPROVED. AND ADOPTED by the City Council of the City of Seal Beach on the 27th day of Mav . 2008 by the following vote: AYES: Council Members . NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5734 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 27th day of Mav , 2008. . City Clerk . Resolution Number 5734 Attachment" A" . FORM OF STATEMENT TO BE FILED BY AUTHOR OF ARGUMENT All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with 9 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 a proposed ordinance relating to a 25 foot height limit on residences in the Old Town Area at the Special Municipal Election for the City Of Seal Beach to be held on Tuesday, September 16, 2008 hereby state that the argument is true and correct to the best of (his/herltheir) knowledge and belief. Sign Name Print Name Date 1) 2) . 3) 4) 5) . RESOLUTION NUMBER 5735 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURE SUBMITTED AT AN ALL MAIL BALLOT SPECIAL MUNICIPAL ELECTION. WHEREAS, 9 9220 and 9285 of the Elections Code of the State of California authorize the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, the City Council of the City of Seal Beach, California, does resolve, declare, determine, and order as follows: . SECTION 1. That pursuant to 9 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 proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the 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 submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of 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 for city measures are repealed. (S~~I1.9~~3: !h.~t:\.~~e7:'p~~~is!ons::q(Se~ibn:1:,,'s~a:ik ~PP.W::'.;~~qheir:ie~t.en~uihg mur:\icip.?-t ~1~~lf~i'f.l.9~ @~. ~?-p!'1;muMicipal):~I~ctib!1':aft~r..th~t~/J:lej~ [~ECtl.d~~'3:~!~~r:~e~gr:6vi.~ibris:'of.~$eC~iel:1~1t:~~a!) ~~P.PJV,~~q'~!yWo)he~:el~c~oii'~.to D~;'~eid::9r:\:,: ': \:'.~~" '."{1:i~' ~',' ~~~~ii~~~t;i"aW.th~M~~;' r~P'.~al\i~]~ . 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 the City of Seal Beach on the 27th day of Mav . 2008 by the following vote: AYES: Council Members NOES: Council Members . ABSENT: Council Members ABSTAIN: Council Members Resolution Number 5735 . Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } S5 CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5735 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 27th . day of Mav , 2008. City Clerk . . Attachment "A" . FORM OF STATEMENT TO BE FILED BY AUTHOR OF ARGUMENT All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with 9 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 1573 at the Special Municipal Election for the City Of Seal Beach to be held on Tuesday, September 16, 2008 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Sign Name Print Name Date 1) 2) 3) . 4) 5) .