HomeMy WebLinkAboutAGENDA REPORT 1998 0916 CC REG ITEM 10BTO:
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DATE:
AGENDA REPORT
CITY OF MOORPARK
Honorable City Council
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CITY OF MOORPARK, CALIFORNIA
City CnUn it Meeting
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Deborah S. Traffenstedt, City Clerk '_-1)$ I
September 9, 1998 (CC Meeting of 9/16/98)
SUBJECT: CONSIDER MOORPARK SAVE OPEN SPACE AND AGRICULTURAL
RESOURCES (SOAR) INITIATIVE PETITION AND OPTIONS
PURSUANT TO SECTION 9214 OF ELECTIONS CODE
Background
On June 19, 1998, the City received a second Request for Ballot
Title and Summary and Notice of Intention to Circulate Petition,
and written text of a proposed initiative measure referred to as
the Moorpark Save Open -Space and Agricultural Resources (SOAR)
Initiative. The first Moorpark SOAR initiative measure was removed
from the November 1998 General Municipal Election ballot by court
order. For the second Moorpark SOAR initiative measure, a Notice
of Intention and the Title and Summary of the proposed measure were
published by the proponents on July 9, 1998, in the Moorpark Star.
On July 27, 1998, the proponents filed the petition. The filed
petition contains a request that the ordinance be submitted
immediately to a vote of the people at a special election.
The City Clerk's duty relative to examining petitions is generally
limited to two responsibilities: 1) to determine whether the
petition contains the requisite elements specified by the law; and
2) to determine the number of qualified signers who have signed the
petition by comparing the signatures on the petition with
signatures on valid affidavits of registration. The first duty was
completed with the assistance of the City Attorney and the petition
was determined to contain the requisite elements specified in the
Elections Code. The second duty was completed with the assistance
of the County Elections Division, and on August 28, 1998, the
Assistant Registrar of Voters provided the County Clerk's
Certificate of Sufficiency verifying that 2,829 signatures were
found to be sufficient (see Attachment 1). The required number of
signatures was 2,401, in order to qualify the initiative measure
for a Special Election, as discussed below.
Honorable City Council
Page 2
September 9, 1998
Discussion
The Elections Code requires that if the petition is found to be
sufficient, the elections official shall certify the results of the
examination to the legislative body of the city at the next regular
meeting. This report is intended to serve as the City Clerk's
certification that the second Moorpark SOAR initiative petition has
been determined to be sufficient, consistent with Sections 9115(f)
and 9211 of the Elections Code. This report is also intended to
provide notice to the proponents of the sufficiency of the
petition, consistent with Section 9115(d) of the Elections Code.
Section 9214 of the Elections Code includes language requiring that
if the initiative petition is signed by not less than 15 percent of
the voters of the city according to the last report of registration
by the county elections official to the Secretary of State,
effective at the time of the required published notice, and
contains a request that the ordinance be submitted immediately to
a vote of the people at a special election, the legislative body
shall do one of the following:
(A) Introduce the ordinance, without alteration, at the regular
meeting at which it is presented, and adopt the ordinance
within 10 days after it is presented.
(B) Immediately order a special election, to be held not less than
88 nor more than 103 days after the date of the order, at
which the ordinance, without alteration, shall be submitted to
a vote of the voters of the city.
(C) Order a report pursuant to Section 9212 of the Elections Code
at the regular meeting at which the ordinance is presented.
When the report is presented to the legislative body, the
legislative body shall either adopt the ordinance within 10
days or order an election pursuant to subdivision b.
Option (A), as listed above, is not feasible, since any ordinance
to be adopted by the City Council is subject to the California
Environmental Quality Act (CEQA). The Director of Community
Development has previously informed the City Council that adopting
the SOAR initiative as an ordinance would not be exempt from CEQA,
since it would amend the General Plan. Completing the CEQA
environmental clearance within 10 days is not possible.
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Honorable City Council
Page 3
September 9, 1998
If the City Council elects to order a special election, consistent
with Option (B), four draft resolutions are included as attachments
to this report that would call and give notice of the Special
Municipal Election, request the County Board of Supervisors to
permit the County Clerk to render services, provide for the filing
of rebuttal arguments, and setting priorities for filing written
arguments and directing the City Attorney to prepare an impartial
analysis. The date of the election will need to be added to the
resolutions. If a special election is called on September 16, the
election would need to be held on Tuesday, December 15, or Tuesday,
December 22, 1998.
For Option (C), Section 9212 of the Elections Code includes
language that the legislative body may refer the proposed
initiative measure to any city agency or agencies for a report on
any or all of the following:
(A) Its fiscal impact.
(B) Its effect on the internal consistency of the City's general
and specific plans, including the housing element, the
consistency between planning and zoning, the limitations on
city actions under Section 65008 of the Government Code
pertaining to discrimination, and Chapter 4.2 of the
Government Code (commencing with Section 65913) pertaining to
affordable housing development approvals, and Chapter 4.3 of
the Government Code (commencing with Section 65915) pertaining
to density bonuses.
(C) Any other matters the Council requests to be in the report.
If the City Council elects to order a report, to be brought back to
the Council within 30 days, the report and the election resolutions
could be brought back to a special meeting on October 14. If a
special election is called on October 14, then the election would
need to be held on Tuesday, January 12. The election could not be
held on Tuesday, January 19, due to the State holiday on January
18, 1998. (Pursuant to Election Code Section 1100, no election can
be held on the day after a state holiday).
Staff has investigated the costs of having the County of Ventura
provide election services versus hiring Martin and Chapman Co., and
a resolution has been prepared requesting the County Board of
Supervisors to permit the County Clerk to render services. The
County's charge will be $1.40 per registered voter. Based on an
estimate of 16,082 registered voters, the cost for the County
election services is estimated to be $22,515. Martin and Chapman's
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Honorable City Council
Page 4
September 9, 1998
cost would be approximately $21,000; however, they would not
provide all of the services that are to be provided by the County,
including but not limited to publication of notices, Registrar of
Voters charges, some postage charges, election officers salaries,
hiring of poll workers, and polling place rental arrangements.
Staff will include an item on a subsequent City Council agenda for
appropriation of funds for a special election.
If the Council, on its own motion, wants to place any measure(s) on
the special election ballot (in addition to the SOAR initiative
measure) , the attached resolutions would need to be revised to
reflect any such additional measure(s), and the draft Council
ordinance(s) would need to be attached to the resolution calling
and giving notice of the special election.
Staff Recommendation
1. Adopt Resolutions Nos. 98- , 98- , 98- , and 98-
calling and giving notice of the Special Municipal Election,
requesting the County Board of Supervisors to permit the
County Clerk to render services, providing for the filing of
rebuttal arguments, and setting priorities for filing written
arguments and directing the City Attorney to prepare an
impartial analysis; or
2. Order a report, consistent with Section 9212 of the Elections
Code, to be brought back to the City Council with the election
resolutions at a special Council meeting on October 14, 1998.
Attachments:
1. County Clerk's Certificate of Sufficiency
2 -5. Four Draft Election Resolutions
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CLERK'S CERTIFICATE OF SUFFICIENCY
TO INITIATIVE PETITION
I, RICHARD D. DEAN, County Clerk of the County of Ventura, State of California,
hereby certify:
That the MOORPARK SAVE OPEN SPACE AND AGRICULTURAL RESOURCES (SOAR)
Initiative measure Has
has /has not
been filed with this office on August 10, 1998.
That said petition consists of 542 sections;
That each section contains signatures purporting to be the signatures .of qualified
electors of this county;
That attached to this petition at the time it was filed was an affidavit purporting to
be the affidavit of the person who solicited the signatures, and containing the dates
between which the purported qualified electors signed this petition;
That the affiant stated his or her own qualifications, that he or she had solicited the
signatures upon that section, that all of the signatures were made in his or her
presence, and that to the best of his or her knowledge and belief each signature to
that section was the genuine signature of the person whose name it purports to be;
That after the proponent filed this petition I verified the required number of
signatures by examining the records of registration in this county, current and in
effect at the respective purportive dates of such signing, to determine what number
of qualified electors signed the petition, and from that examination I have determined
the following facts regarding this petition:
1. Number of unverified signatures filed by proponent (raw count)3,368
2. Number of signatures verified 3,367
a. Number of signatures found SUFFICIENT 2,829
b. Number of signatures found NOT SUFFICIENT 538
1) NOT SUFFICIENT because DUPLICATE 66
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
this 28rh day of August 1998.
(SEAL)
FORM. INITIATIVE. CERT.SOS (11/96)
RICHARD D. DEAN, County Clerk
By: Aw Gf A;i'Wz_
Deputy County Clerk
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, ,
199_, FOR THE CONSIDERATION OF A CERTAIN BALLOT MEASURE,
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.
WHEREAS, under the provisions of the laws relating to general law cities in the State of
California, a General Municipal Election shall be held on , 199_, for consideration of
a certain ballot measure;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law Cities, there is called and ordered held in the City of Moorpark, California,
on Tuesday, , 199_, a Special Municipal Election for the purpose of consideration of
a certain ballot measure.
SECTION 2. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 3. That 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, except as provided in Section 14401 of the Elections Code of
the State of California.
SECTION 4. That in all particulars not recited in this Resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 5. That notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give such further or additional notice of the election,
in time, form, and manner required by law.
SECTION 6. That the City Clerk of the City of Moorpark is hereby directed to file a
certified copy of this Resolution with the Board of Supervisors and the County Clerk of the County
of Ventura.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
Resolution No. 98-
Page 2
PASSED, APPROVED AND ADOPTED this _ day of , 1998.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
\\MOR PRI SERV\Home Folders\LisaP\M \Resolutions \calling election reso.doc
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF VENTURA
COUNTY TO PERMIT THE COUNTY CLERK TO RENDER SERVICES TO
THE CITY OF MOORPARK FOR THE SPECIAL MUNICIPAL ELECTION TO
BE HELD ON , 199_, AND TO CANVASS THE RETURNS
OF THE SPECIAL MUNICIPAL ELECTION.
WHEREAS, a Special Municipal Election is to be held in the City of Moorpark, California
on , 199, for the consideration of a certain ballot measure; and
WHEREAS, pursuant to Section 10002 of the Elections Code, the City of Moorpark wishes
to have the County Clerk of Ventura County render specified services to the City relating to the
conduct of the election; and
WHEREAS, the City of Moorpark authorizes the Board of Supervisors of Ventura County
to direct the County Clerk to canvass the election returns of the Special Municipal Election to be
held in the City of Moorpark on 9199.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the Elections Code, the Board of Supervisors is requested
to permit the County Clerk to render services with respect to the conduct of the Special Municipal
Election, as shown on Exhibit A, attached hereto and made a part hereof; and that any and all other
such services be rendered as may be necessary to complete the election.
SECTION 2. That the County Clerk of said County is hereby authorized to canvass the
returns of said Special Municipal Election.
SECTION 3. That the City of Moorpark recognizes that additional costs will be incurred
by the County by reason of these services being rendered, and agrees to reimburse the County for any
such costs.
SECTION 4. That the City Clerk of the City of Moorpark is hereby directed to file a
certified copy of this Resolution with the Board of Supervisors of the County of Ventura.
000 " ",�
Resolution No. 98-
Page 2
SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution
and shall enter into the book of original Resolutions of said City.
PASSED, APPROVED AND ADOPTED this day of 11998.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Resolution No. 98-
Page 3
EXHIBIT A
REQUEST FOR SPECIFIED ELECTION SERVICES
TO: RICHARD D. DEAN, County Clerk
FROM: MOORPARK
(City)
ELECTION: SPECIAL MUNICIPAL
HOURS: The polls will be open from 7 a.m. to 8 p.m.
ITEM #1 PUBLICATIONS
DEBORAH S. TRAFFENSTEDT
(City Clerk)
DATE:
X A. County elections official is requested to publish: Notice of Election
(including measure information, if applicable), Offices, Nominees,
Elections Officers and Polling Places.
B. City will publish above.
ITEM #2 CANDIDATE FORMS
County elections official will furnish one master set for xeroxing.
ITEM #3 CANDIDATE FILING
County elections official will check nomination petition signatures.
ITEM #4 CANDIDATE STATEMENT
NA A. Maximum number of words permitted for the Candidate's Statement will
be 200 words. (200 to 400)
NA B. City to be billed for pro rata cost of handling and printing Candidate
Statements. Pursuant to Elections Code Section 10002, City agrees to
reimburse county elections official in full for the services performed upon
presentation of a bill.
Resolution No. 98-
Page 4
ITEM #5 CAMPAIGNING EXPENDITURE MATERIAL
County elections official will furnish one master set for xeroxing.
ITEM #6 STATEMENT OF ECONOMIC INTERESTS
County elections official will furnish one master set for xeroxing.
ITEM #7 CANDIDATE CERTIFICATES /OATH OF OFFICE
NA A. County elections official is requested to furnish Certificates /Oaths of
Office.
1. Blank forms only. Number requested
2. Forms filled in appropriately. Number requested
NA B. City will furnish Certificates /Oaths of Office.
ITEM #8 DIRECT /REBUTTAL ARGUMENTS
County elections official will furnish all argument information, e.g., deadline dates,
maximum number of words, Form 9600, format, etc.
ITEM #9 TRANSLATIONS
Elections official will arrange for all translations pursuant to Elections Code Section
13307.
ITEM #10 PRINTING
Elections official will arrange for all printing of Candidates' Statements and
arguments /analyses.
ITEM #11 ABSENTEE BALLOTS
Elections official will handle all absentee ballots, including the checking of
applications and ballot mailing. Applications and envelopes will be provided to City
Clerks.
Resolution No. 98-
Page 5
ITEM #12 POLLING PLACES /PRECINTS
County elections official will determine the number of polling places.
ITEM #13 ELECTION DAY VOTER INFORMATION
A. Microfiche of registered voters and polling places.
X B. Hard copy of registered voters and polling places.
ITEM #14 ELECTION NIGHT RESULTS
A. CRT
X B. Phone
X C. FAX
The undersigned requests the above election services to be performed by the County elections
official, and pursuant to Elections Code Section 10002, agrees to reimburse the County in full for
services requested upon presentation of a bill.
Signed:
Title: City Clerk
City: Moorpark
Date:
.�:. Z)
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS
FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS
WHEREAS, Sections 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 MOORPARK DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State
of California, when the Clerk has selected the arguments for and against the measure which will be
printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the
measure to the authors of the argument against, and copies of the argument against to the authors of
the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250
words. The rebuttal arguments shall be filed with the City Clerk not more than 10 days after the final
date for filing direct arguments. 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 the provisions of Section 1 shall apply only to the election to be held on
, 199, and this Resolution No. 98- shall then be repealed effective
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.
PASSED, APPROVED AND ADOPTED this day of , 1998.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffestendt, City Clerk
\\MOR PRI SERV\Home Folders \LisaP\M\Resolutions\rebuttal arguments resolution.doc
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT
REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS.
WHEREAS, a Special Municipal Election is to be held in the City of Moorpark, California,
on , 199 , at which there will be submitted to the voters the following measure:
A. Shall the ordinance entitled the Moorpark Save Open -Space and Agricultural
Resources be adopted?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes
Mayor Patrick Hunter
Mayor Pro Tern Debbie Rodgers Teasley
Councilmember Chris Evans
Councilmember Bernardo Perez
Councilmember John Wozniak
as members of the City Council to file a written argument against Item A, above, in accordance with
Section 9280 et seq. of the Elections Code of the State of California and to change the argument until
and including the date fixed by the City Clerk after which no arguments for or against the City
measure may be submitted to the City Clerk.
SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure
to the City Attorney and 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, with said impartial
analysis being 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 shall enter it into the book of original Resolutions of said City.
0008 ,,.jj
Resolution No. 98-
Page 2
PASSED, APPROVED AND ADOPTED this _ day of 51998.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
\\MOR_PRI_SERV\ Home _Folders\LisaP\M1Resolutions \written arguments reso.doc