HomeMy WebLinkAboutItem 8.1 CertReferendumPetitionSufficient (2)
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: JUly 26, 1993
SOBJECT:
certification of Referendum Petition as Being
Sufficient
Report Prepared by Kay Keck, city Clerk
EXHIBITS ATTACHED:~.
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certificate of Examination
Resolution Calling Special Election; Requesting
Consolidation on statewide Election Ballot on
November 2, 1993; requesting Board of
Supervisors to Allow Registrar of Voters to
Conduct the Election; and Authorizing certain
Procedural Matters
RECOMMENDATION: . Consider 3 alternatives and provide Staff with
/(/ ~ direction. U
, ~~ . 1) Repeal Resolution No. 53-93 in its entirety.
2) Place the issue on the ballot at the city's
next regular General Municipal Election in
November, 1994.
3) Call a Special Election and request
consolidation on the November 2, 1993 ballot.
. If a Special Election is called for November 2,
1993, the council should:
1) Review and approve ballot language
2) Adopt Resolution
3) Approve additional appropriation of $12,500
to the Elections Budget.
4) Appoint member or members of city Council to
write ballot and rebuttal arguments for or
against measure, if so desired.
FINANCIAL STATEMENT:
A proposal is before the Alameda County Board
of Supervisors for consideration on Tuesday,
July 27th, whereby the largest component of
billable consolidated election costs to
Cities in Alameda County would be increased
by more than 350%. Based on the Board's
adoption of this increased schedule, Staff
estimates that costs of approximately $12,500
would be incurred to place the referendum on
the November 1993 ballot. An additional
budget appropriation would be required.
DESCRIPTION: On Tuesday, June 8, 1993, a petition entitled
"Referendum Against The Resolution Passed by the city Council of the
City of Dublin" was filed with the City Clerk. The subject of the
referendum petition being Resolution No. 53-93 which Adopted the
Eastern Dublin General Plan Amendment and Eastern Dublin Specific
Plan; Made Findings Pursuant to the California Environmental Quality
Act and Adopted a Statement of Overriding Considerations for the
Eastern Dublin General Plan Amendment and Specific Plan; and Adopted a
Mitigation Monitoring Program for the Eastern Dublin General Plan
Amendment and Specific Plan. The form of the petition was reviewed
and found to sUbstantially comply with the Elections Code requirements
for referendum petitions.
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ITEM NO. 8.1
COPIES TO:
CITY CLERK
FILE ~
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AGENDA STATEMENT: Referendum
Page 2
On July 21, 1993, the city Clerk notified the proponents of the
petition (Daryl Hoon and Mark Weaver) that following a verification of
signatures, the Referendum Petition was declared to be sufficient.
The Elections Code requires that the city Clerk also certify the
results to the city Council at the next regularly scheduled meeting.
Once a petition has been certified as being sufficient, the Council
has 3 options:
1) The council can repeal Resolution No. 53-93 in its entirety. If
this action is taken, the council would be prohibited from
reenacting the approval for a period of one year.
2) The Council can place the issue on the ballot at its next General
Municipal Election in November, 1994. If this action is taken,
the Resolution would not become effective unless and until
approved by the voters.
3) The Council can call a special election which, in accordance with
the Elections Code, must be held between 88 and 103 days from
this date. A Statewide election has been called for November 2,
1993, and because this date falls within the city's timeline for
a special election, the Council can request that the city's
referendum measure be consolidated with and placed on the
November ballot. Again, the Resolution would not become
effective unless and until approved by a majority of the voters.
Elections Code section 10236 sets forth the requirements for the
ballot wording on a referendum measure. This section requires that a
referendum measure shall have printed on them the words "Shall the
statute (resolution) (stating the nature thereof, including any
identifying number or title) be adopted?" The ballot question is
limited to a total of 75 words.
Suggested referendum ballot language would be:
"Shall city council Resolution 53-93, which approves a
General Plan Amendment for Eastern DUblin, a constitution
for all future developments, with comprehensive, long term
policies regarding:
. preserving ridgelands and open space
. providing future housing and job opportunities
. providing new school facilities
. providing new park and recreation facilities
and which also approves a Specific Plan for Eastern Dublin
and makes findings and adopts an environmental review
program under California environmental laws, be adopted?"
A proposal by the Acting Registrar of Voters (ROV) has been placed on
the agenda for consideration by the Alameda County Board of
Supervisors on Tuesday, July 27th, under which consolidated election
costs to Cities in Alameda Counties would be increased sUbstantially.
For comparison purposes, the city of Dublin placed a ballot measure on
the June, 1992 consolidated ballot and incurred costs of just under
$3,000. Under the new price structure, this ballot measure would cost
the City approximately $8,850.
Based on the known variables at this time, and based on the assumption
that the Board of Supervis~rs will approve the new rate structure,
Staff estimates that approximately $12,500 in election costs would be
incurred by the city to place the referendum on the November 2, 1993
ballot. The adopted 1993-94 Budget does not include funding for a
special election in 1993-94, therefore, an additional appropriation of
$12,500 would be required.
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AGENDA STATEMENT: Referendum
Page 3
Elections Code Section 5016 sets forth the priority that the City
Clerk must follow if more than one ballot argument for or against any
City measure is submitted. This priority is listed as: a) The
legislative body, or member or members of the legislative body
authorized by that body; b) The individual voter or bona fide
association of citizens, or combination of voters and associations,
who are the bona fide sponsors or proponents of the measure; c) Bona
fide association of citizens; and d) Individual voters who are
eligible to vote on the measure.
If the City Council places the referendum on the ballot and desires to
submit an argument for or against the measure, it would be appropriate
for the Council to designate a member or members to write the argument
which must be submitted to the City Clerk by 4:00 p.m., on Monday,
August 16, 1993.
In summary, the Council should considerdthe options presented, and if
a special election is desired, the Council should: 1) review and
approve the ballot language; 2) adopt the Resolution; 3) authorize an
additional appropriation of $12,500 to the Elections Budget; and 4)
appoint member or members of the city Council to write the ballot
direct argument and rebuttal argument, if desired.
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CITY OF DUBLIN
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PO. Box 2340, Dublin, California 94568
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City Offices, 100 Civic Plaza, Dublin, California 94568
CERTIFICATE OF EXAMINATION
STATEMENT OF FACTS RELATED TO REFERENDUM PETITION
. On Tuesday, June 8, 1993, a Referendum Petition
protesting the city council's adoption of
Resolution No. 53-93 on May~10, 1993, was filed
with the city Clerk of the city of Dublin.
. The Proponents of said Referendum Petition were
listed as: Daryl Hoon, 6786 Pearl place, Dublin,
CA (833-9488), and Mark Weaver, 7638 Millbrook
Avenue, Dublin, CA (828-2727).
. In accordance with the provisions of the
California state Elections code, the city Clerk
has examined the petition.
. The City Clerk determined that the petition was
signed by the requisite number of registered
voters.
. The city Clerk compared the signatures with the
records of voter registration within the allowed
30 day time period.
. The petition contained valid signatures of at
least the required number of 1,170 registered
Dublin voters.
* * * * * * * * * *
BE IT RESOLVED that I, Kay Keck, city Clerk of the City
of Dublin do hereby declare the Referendum Petition to
be sufficient and further, that I shall certify the
results of the examination to the city Council at its
next regular meeting to be held on July 26, 1993.
Date:
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Kay Keck, City
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. RESOLUTION NO.
- 93
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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CALLING FOR A SPECIAL MUNICIPAL ELECTION TO SUBMIT A REFERENDUM
REGARDING THE EASTERN DUBLIN GENERAL PLAN AMENDMENT TO THE
VOTERS OF DUBLIN; REQUESTING CONSOLIDATION WITH THE
STATEWIDE ELECTION ON NOVEMBER 2, 1993; REQUESTING THE ALAMEDA COUNTY
BOARD OF SUPERVISORS TO ALLOW THE RESISTRAR OF VOTERS TO
CONDUCT THE ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS
WHEREAS, a referendum petition was filed with the city Clerk on
June 8, 1993; and
WHEREAS, the City Clerk has certified. the referendum petition as being
sufficient; and
WHEREAS, the city council desires to call a Special Election in and
for the city of Dublin in order to place the referendum before the voters;
and
WHEREAS, the city council desires to consolidate said Special city
Election with the statewide Election on November, 2, 1993; and
WHEREAS, certain actions are required in connection with said
election; and
WHEREAS, the referendum measure to be voted upon shall read as
follows: "Shall city Council Resolution 53-93, which approves a General
Plan Amendment for Eastern Dublin, a constitution for all future
developments, with comprehensive, long term policies regarding:
. preserving ridgelands and open space
. providing future housing and job opportunities
. providing new school facilities
. providing new park and recreation facilities
and which also approves a specific Plan for Eastern Dublin and
makes findings and adopts an environmental review program under
California environmental laws, be adopted?"
NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of
Dublin as follows:
Section 1. The city requests the Alameda County Board of Supervisors to
permit the Registrar of Voters to provide specified election services for
the election to be held in the City of Dublin on Tuesday, November 2, 1993.
The specified election services may consist of, but are not limited to, the
following:
a. Precinct consolidation, establishment of polling places, securing
election officers, preparing and mailing notices of appointment, and
publication of precinct officers and polling places.
b. Typesetting and printing sample ballots, which includes polling
place notifications, ballot arguments, and mailing to registered
voters.
c. Printing of official ballots.
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d.
purchasing prJltnct supplies and absentee4ltter supplies.
e. Providing for absentee voting in the County Registrar's Office.
f. Delivery of voting booths, ballots, ballot boxes, and precinct
supplies to precincts/election officers.
g. Electronic and/or tabulation of votes.
h. Canvassing and certifying to the city Clerk the results of said
election.
i. All things necessary or incidental to the above in accordance
with California Election Law in effect at the time of the election or
other functions as may be requested from time to time by the city.
section 2. The City of Dublin shall pay to the Board of supervisors of
Alameda County its pro-rata share of the expenses for said election as
jointly determined by the city of Dublin and the Board of supervisors of
Alameda County in accordance with the provisions of the Elections Code of
the state of California, upon presentation of a bill to the city.
section 3. The City Clerk is hereby directed to foward a copy of the
measure to the city Attorney, who shall prepare an impartial analysis of
the measure (not to exceed 500 words), showing the effect of the measure on
the existing law and the operation of the measure.
section 4. Ballot arguments submitted in accordance with Elections Code
Section 5013 shall contain no more than 300 words and shall be submitted to
the city Clerk no later than 4:00 p.m., on Monday, August 16, 1993.
section 5. Rebuttal arguments containing no more than 250 words shall
be submitted to the city Clerk no later than 4:00 p.m., on Thursday,
August 26, 1993.
section 6. The city Clerk is hereby directed to cause the posting,
pUblication and printing of notices and all other matters and to provide
such other services and supplies as required pursuant to the provisions of
the Government Code and the Elections Code of the state of California.
section 7. The City Clerk is further directed to file a copy of this
resolutions with the Alameda County Board of Supervisors and with the
County Clerk and to transmit a copy of this resolution to the Alameda
County Registrar of Voters on or before August 6, 1993.
PASSED, APPROVED AND ADOPTED this 26th day of July, 1993.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
city Clerk