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HomeMy WebLinkAboutCC AG PKT 2008-06-09 #F . . . AGENDA STAFF REPORT DATE: TO: THRU: FROM: June 9, 2008 Honorable Mayor and City Council David Carmany, City Manager Linda Devine, City Clerk SUBJECT: CALL FOR ELECTION - NOVEMBER 4, 2008 SUMMARY OF REQUEST: Adopt the necessary ordinances and resolutions for an election to be held on Tuesday November 4th, 2008: Calling and giving notice to hold an election and place a ballot measure on the ballot; request to consolidate the City Council General Municipal Election with the Statewide General Election; Regulations for Candidate Statements; Authorize Runoff Election (if necessary); Authorize Council to write arguments and directing the City Attorney to submit an impartial analysis; and Authorize rebuttal arguments. BACKGROUND: At the May 27th City Council meeting Council directed staff to place on the agenda the necessary documents to ask the 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 FINANCIAL IMPACT: The estimated cost for the City's General Municipal Election consolidated with the Statewide Presidential Election on the November 4th, 2008 ballot would be from $30,000 to $40,000, plus the cost of a run-off election if necessary (all mail ballot election - Martin & Chapman). Agenda Item F Page 2 RECOMMENDATION: . Adopt the following: 1) Ordinance Number 1572 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday November 4, 2008. 2) Ordinance Number 1575 establishing the procedure for filing written arguments and rebuttals regarding proposed Ordinance #1573 and directing the City Attorney to prepare ~n impartial analysis. 3) Resolution Number 5733 requesting that the Board of Supervisors of the County of Orange to consolidate the City's General Municipal Election with the Statewide General Election to be held on Tuesday, November 4, 2008. 4) Resolution Number 5734 providing for the conduct of a Run-off Election in the event no candidate receives 50% plus 1 votes - all mail- in ballot election will be used. 5) Resolution Number 5735 regulations for Candidates Statements submitted to the voters. . SUBMITTED BY: NOTED AND APPROVED: o~~ David carmany.tity Manager Attachment: A. Ordinances B. Resolutions . . ORDINANCE NUMBER 1572 AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND FOR THE SUBMISSION TO THE QUALIFIED VOTERS A PROPOSED ORDINANCE RELATING TO A 25 FOOT HEIGHT LIMIT IN THE OLD TOWN AREA. WHEREAS, under the provisions of the City Charter a General Municipal Election shall be held on Tuesday, November 4, 2008 for the election of Municipal Officers; and WHEREAS, the City Council of the City of Seal Beach desires to submit to the voters at the election a proposed ordinance relating to a 25 foot height limit on residences in the Old Town Area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: . SECTION 1. Pursuant to the requirements of the City Charter, the City Council hereby calls and orders to be held in the City of Seal Beach, California, on Tuesday, November 4, 2008, a General Municipal Election for the purpose of electing City Council Members of the City Council for the full term of four years in Councilmanic District Two and Councilmanic District Four and for the purpose of electing a City Clerk for the full term of four years. SECTION 2. Pursuant to the City Charter, the City Council hereby orders that the following measure shall be submitted to the voters at the General Municipal Election: Shall the Seal Beach Municipal Code be amended to limit the maximum height of residential development in the Old Town Area to 25 feet? y E S - N o SECTION 3. The text of the ordinance submitted to the voters is attached as Exhibit A. SECTION 4. The ballots to be used at the election shall be in form and content as required by law. SECTION 5. 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 6. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code ~ 10242, except as'provided in ~ 14401 of the Elections Code of the State of California. . 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 held on the ~ day of June. 2008. ATTEST: Mayor 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 9th day of June. 2008, by the following vote: A YES: 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 . Ordinance Number 1572 . EXHIBIT A ORDINANCE NUMBER ~ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE TO LIMIT 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. Heioht Limit. The height of residences within the area of Old Town described in Section 3 ("Old Town Are~n) shall not exceed a maximum of 25 feet. Section 2. Conformino Amendments. The Municipal Code is hereby amended to replace any height limits in j!xcess 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 north of the centerline of Ocean Avenue, east of First Street, south of Marina Drive and Pacific Coast Highway, west of Seal Beach Boulevard, and that area south of Ocean between Electric Avenue and Tenth Street, as shown on the map attached as Exhibit "1". Section 4. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance 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 . . . ORDINANCE NUMBER 1573 EXH\B\T 1 30e yds ".. '. . cu irA/!\V d!~W PROPOSED 25-FOOT HEIGHT LIMIT w.EA . ORDINANCE NUMBER 1575 AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING THE PROCEDURE FOR THE PREPARATION AND FORM OF ARGUMENTS AND THE IMPARTIAL ANALYSIS RELATING TO A MEASURE TO BE VOTED ON AT THE NOVEMBER 4, 2008 GENERAL MUNICIPAL ELECTION THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the City Charter, the City Council ("Council") has ordered that the following measure be submitted to the voters at the General Municipal Election to be held on November 4, 2008: Shall the Seal Beach Municipal Code be y E amended to limit the maximum height of s residential development in the Old Town Area to 25 feet? N 0 SECTION 2. City Charter ~ 514 provides that the provisions of the California Elections Code ("Elections Code'1 shall govem measures provided such provisions are not in conflict with the Charter. . SECTION 3. City Charter ~ 505 provides that the Council establish the procedure for the preparation and form of arguments for and against measures by ordinance. Pursuant to ~ 505, the Council hereby provides the following procedure: A. Arauments for and Aaainst the Measure. 1. The City Council, or any councilmember authorized by the council, or any Seal Beach elector, or any bona fide association of citizens, or any combination of voters and associations, may file a written argument in favor of or against the measure. 2. The Council hereby authorizes each Council member to file a written argument in favor of or against the measure, accompanied by the printed name and signature of the Council member submitting it, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measu~e may be submitted to the City Clerk. 3. No argument shall exceed 300 words in length. 4. Each argument shall be filed with the City Clerk, signed, with the printed name and signature of each of its author, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of the principal officers who is the author of the argument. Each author of the argument shall execute a statement, in the form attached hereto as Exhibit A, and submit it concurrently with his or her argument. . 5. The City Clerk shall comply with the requirements of Elections Code ~~ 9282 (d) through (f), 9283 and 9287. Ordinance Number 1575 . B. Rebuttal Arauments. 1. After the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters pursuant to Elections Code ~ 9287, the elections official shall send a copy of the selected argument in favor of the measure to an author of the selected argument against the measure and a copy of the argument against the measure to an author of the argument in favor of the measure immediately upon receiving the arguments. 2. The author or a majority of the authors of the selected arguments 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. 3. No more than five persons may sign a rebuttal argument. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name and signature of each author 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. Each author of a rebuttal shall execute a statement, in the form attached hereto as Exhibit A, and submit It concurrently with his or her rebuttal. 4. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument it seeks to rebut. . 5. All previous ordinances and resolutions providing for the filing of rebuttal arguments for city measures are repealed. The provisions of this Section 3.B shall apply only to the election to be held on Tuesday, November 4, 2008. SECTION 4. Imoartial Analvsis. The City Council hereby directs the City Clerk to transmit a copy of the measure to the city attorney. The city attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. Pursuant to City Charter ~416, this ordinance shall take effect and be in force immediately upon its adoption. SECTION 6. 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 held on the ~ day of June. 2008. Mayor .' ATTEST: City Clerk Ordinance Number 1575 . 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 9th day of June . 2008, by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members and do hereby certify that Ordinance Number 1575 has been published as required by law. . City Clerk . . EXHIBIT A FORM OF STATEMENT TO BE FILED BY AUTHOR OF ARGUMENT OR REBUTTAL The undersigned author(s) of the (primary/rebuttal) argument (in favor of/against) the ballot measure regarding a proposed ordinance relating to a 25 foot height limit on residences in the Old Town Area at the 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) . " . 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 CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO i 10403 OF THE ELECTIONS CODE. WHEREAS, the Seal Beach City Council ("Council'1 has called a General Municipal Election to be held on Tuesday, November 4, 2008, for the purpose of the election of two Members of the City Council (District 2 and District 4), and a City Clerk for the full four year term of office; and WHEREAS, the Council is submitting to the voters a measure relating to amending the Seal Beach Municipal Code to limit the maximum height of residential development in the Old Town Area to 25 feet; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city the precincts, polling places, and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows: . SECTION 1: Pursuant to the requirements of ~ 10403 of the Elections Code, the Council hereby requests that the Orange County Board of SuperviSOrs consent to and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 4, 2008, for the purpose of the election of two Members of the City Council (District 2 and District 4) and the City Clerk for the full four year term of office and a ballot measure (Ordinance #1573 with map). SECTION 2. The following measure shall appear on the ballot: Shall the Seal Beach Municipal Code be y amended to limit the maximum height of E residential development in the Old Town s Area to 25 feet? N 0 SECTION 3. The county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. . SECTION 4. The Council hereby requests that the Board of Supervisors issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. The Council recognizes that additional costs will be incurred by the County by reason of this consolidation and authorizes the City Clerk to administer said election. The City shall pay all reasonable and actual election expenses upon presentation of properly submitted bills. Resolution Number 5733 . SECTION 6. The Council hereby directs the City Clerk to file 'a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 7. 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 9th day of June . 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 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 9th day of June , 2008. City Clerk . . RESOLUTION NUMBER 5734 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL PROVIDING FOR THE CONDUCT OF A RUNOFF ELECTION IN THE EVENT NO CANDIDATE RECEIVES A MAJORITY (50% PLUS 1) OF ALL THE VOTES CAST AT THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 2008. The Seal Beach City Council hereby resolves and orders as follows: SECTION 1. Pursuant to the City Charter, if no candidate for an office receives a majority (50% plus 1) of all the votes cast, there shall be a Municipal Run-off Election and the two candidates receiving the highest number of votes at the General Municipal Election held on November 4, 2008 shall be the only candidates for such office printed upon the ballots at the Municipal Run-off Election. SECTION 2. Pursuant to Charter ~ 502, such Municipal Runoff Election shall be held on Tuesday, January 27,2009. SECTION 3. 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 -IDh. day of June , 2008 by the following vote: . NOES: COUNCILMEMBERS COUNCILMEMBERS AYES: ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS 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 9th day of June , 2008. . City Clerk Resolution Number 5735 . pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly' more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actL!al expense or refund any excess paid depending on the final actual cost within 30 days of the election. The General Municipal Election (November 4, 2008) is consolidated with the County of Orange and the OC Registrar of Voters office will determine the final cost for each city participating in the election. The comprehensive fee schedule will be amended to include the candidate's filing fee of $25.00 (non-refundable). SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. D. SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 6. That all previous resolutions establishing council policy on payment for candidates' statements are repealed. SECTION 7. That this resolution shall apply only to the election to be held on November 4, 2008 and shall then be repealed. SECTION 8. 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 ~ day of June . 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 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 9th day of June I 2008. City Clerk RESOLUTION NUMBER 5735 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008. WHEREAS, ~13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: . SECTION 1. GENERAL PROVISIONS. That pursuant to ~13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Seal Beach on November 4, 2008 may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form and submitted on a computer disk in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Filing period: July 14th through August 8th, 2008. SECTION 2: FOREIGN LANGUAGE POLICY. A. Pursuant to the Federal Voting Rights Act, the City is required to translate candidates' statements into the following languages in addition to English: Spanish, Chinese, Korean, and Vietnamese. B. The Orange County Registrar of Voters shall have all candidates' statements translated into the official languages specified in Section 2.A; and these translations shall be made available upon request in the office of the City Clerk. SECTION 3: PAYMENT. A. The candidate shall be required to pay for the cost of printing the candidate's statement and for translating the candidates' statements into all of the foreign languages as specified in Section 2.B pursuant to State ancllor Federal law. B. The candidate shall be required to pay additional related charges if requested by the candidate that any other foreign language translation be printed in the voter's pamphlet. C. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the City the estimated pro rata share as a condition of having the statement included in the voter's .