HomeMy WebLinkAboutCC AG PKT 2008-10-13 #XAGENDA STAFF REPORT
DATE: October 13, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Linda Devine, City Clerk
SUBJECT: CERTIFY RESULTS OF SUFFICIENCY OF
REFERENDUM PETITION AGAINST ORDINANCE
NUMBER 1576
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 1576. Council options:
• repeal Ordinance Number 1576;
• call for and set the date for an election; or
• continue consideration of this item until a future council meeting.
BACKGROUND:
The City Council adopted Ordinance Number 1553 on October 7, 2006. The
ordinance would have imposed a uniform residential height standard of 25 feet in
Old Town. A group opposed to the ordinance, "Save Our Seal Beach, Inc.,"
circulated a referendum petition protesting the adoption of the ordinance. The
Orange County Registrar of Voters issued a certificate verifying that at least 10%
of the registered voters in the City signed the petitions. The City Council
repealed the ordinance, and subsequently placed a measure on the November
2008 ballot to allow the voters to consider whether there should be a uniform
maximum height of 25 feet for residences in Old Town.
On August 11, 2008 the City Council adopted Ordinance Number 1576 amending
the Seal Beach Municipal Code by deleting Chapter 28, Zoning in its entirety and
adopting a new Title 11, Zoning. Title 11 did not change the City's existing height
limit in Old Town. Again, the same group circulated a referendum petition
protesting the adoption of Ordinance Number 1576. The petitions were
submitted to the City Clerk on September 10, 2008.
Agenda Item X
Page 2
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
the "Certificate as to Verification of Signatures" that at least 10% of the registered
voters in the City have signed the petitions.
Now that the signatures on the petitions have been verified, Ordinance Number
1576 will remain inactive unless approved by a majority vote at an election. The
Council now has the discretion to either (1) repeal Ordinance Number 1576; (2)
call a Special Election and submit the ordinance to the voters (the earliest date
would be 88 days from the date the Council calls the election; due to scheduling
issues, staff recommends April 24, 2009 if the Council wants to set an election
now), or (3) continue this item for further deliberation. 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.
ANALYSIS OF COUNCIL OPTIONS:
1. Reseal Ordinance Number 1576:
• The Council could not enact the same ordinance for one year after
its repeal .
• The Council may adopt other ordinances related to residences
provided that the new ordinance is not "substantially the same" as
Ordinance Number 1576
2. Calling for an election: The Council may opt to call an election tonight
or call it at a later date
3. Continuance: The Council may defer taking any action at this time.
Chapter 28, Zoning of the Seal Beach Municipal Code would be in
effect; the new Title 11, Zoning would be stayed.
Page 3
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 (19,825) had signed the petition, or 1,983 persons. In order to
successfully verify 1,983 signatures, it was necessary for the registrar to review
2,262 of the signatures, finding 279 invalid. The County charge for verification is
$3.40 per signature checked, for a total cost of $7,690.80.
The estimated cost to hold a Special Election would be between $50,000 and
$70,000. The election would be a city-wide, mail-in ballot election. If the State
holds a special election in 2009 the City could consolidate with Orange County
and the costs may be slightly less.
RECOMMENDATION:
Receive and file the Orange County Registrar of Voters "Certificate as to
Verification of Signatures on Petition" declaring the sufficiency of the referendum
petitions protesting Ordinance Number 1576 submitted by "Save Our Seal
Beach, Inc."
The City Council to consider: (1) repealing Ordinance Number 1576: (2) calling
for and setting the date for an election; or (3) continuing this item until another
date and direct staff to prepare the necessary documents to reflect the decision
of the Council.
SUBMITTED BY:
Li a Devine, City Clerk
Attachments:
NOTED AND APPROVED:
~f
David Carma y, City Manager
A. "Certificate as to Verification of Signatures on Petition"
CERTIFICATE AS TO VERIFICATION
OF SIGNATURES ON PETITION
State of California)
)ss.
County of Orange
I, Neal Kelley, 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 "Referendum -Ordinance
#1576".
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures filed: 2,262
Number of signatures required: 1,983
Number of signatures verified: 2,262
Number of signatures found valid: 1,983
Number of signatures found invalid: 279
Invalid because of Duplicate: 11
WITNESS my hand and Official Seal this.2"d day of October, 2008.
NEAL KE
Registrar
Orange C