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HomeMy WebLinkAbout8.3 Certify Referendum Call ElectionCITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 28® 3.992 SUBJECT: EXHIBITS ATTACHED: RECOMMENDATION: FINANCIAL STATEMENT: Certification of Referendum Petition as Being Sufficient Report Prepared by Kay Keck, City Clerk �'' ■ Certificate of Examination ■ Resolution Calling Special Election to be held in the City of Dublin on Tuesday° January 5, 1993; requesting the Alameda County Board of Supervisors to allow Registrar of Voters to conduct election; and authorizing certain procedural matters Resolution A would allow rebuttals to ballot arguments Resolution B would not allow rebuttals to ballot arguments ■ Consider alternatives and provide Staff with direction. If a special election is called for January 5, 1993, adopt appropriate resolution. ■ Approve additional appropriation of $15,500 to the Election Budgetm ■ Appoint member or members of City Council to write ballot argument for or against measure, if so desired. Estimated Cost of $1.25 per registered voter for contract election services and in addition, if City Clerk°s Office is required to process absentee ballots as a result of Alameda County Offices closing for one week, temporary personnel costs may be incurred. No funds have been included in the FY92-93 budget to cover a special election. A budget change would be required. DESCRIPTION: On Wednesday, August 5, 1992, a petition. entitled "Referendum Against a Resolution Passed by the City Council of the City of Dublin" was filed with the City Clerk. The form of the petition was reviewed with the City Attorney and was found to substantially comply with the Elections Code requirements for referendum petitions. On September 17, 1992, the City Clerk notified the proponents of the petition (Douglas Abbott 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 must 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 Noe 88-92 in its entirety. If this action is taken, the Council would be prohibited from reenacting the approval for a period of one year. COPIES TOo ITENd NO. AGENDA STATEMENT: Referendum Page 2 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. If this option is selected, Staff recommends that the date of Tuesday, January 5, 1993 be selected for the election. Again, the Resolution would not become effective unless and until approved by the voters. The referendum ballot language would read: "Shall City Council Resolution No. 88-92, adopting a General Plan Amendment and Specific Plan for Western Dublin which would establish a maximum number of dwelling units to be constructed in the area while setting aside a certain percentage of the property for open space uses, including a golf course, and making findings, adopting a statement of overriding considerations and adopting a mitigation monitoring program pursuant to the California Environmental Quality Act, be adopted?" The Registrar of Voters has indicated that because this would be a special election for the City of Dublin only, all actual time spent on the election by the Registrar's Office would be tracked and charged to the City. The Registrar has estimated that a special election could cost the City up to $1.25 per registered voter. As of September 13 , 1992 , the City of Dublin had 11, 306 registered voters. Because of the possibility that County Offices (including the Registrar of Voters) , will be closed during the last week of the year, the Dublin City Clerk's Office will be responsible for processing all absentee ballots. This may necessitate hiring temporary personnel on a short term temporary basis during the month of December in order to process absentee voter requests within the time specified in the Elections Code. If the Council chooses to proceed with a special election, the Council may determine whether or not to allow rebuttals to ballot arguments. Ballot arguments must be allowed, but the Council may determine whether or not to allow rebuttals. Staff has prepared 2 Resolutions calling for a special election, requesting the services of the Registrar of Voters, and either allowing or not allowing for rebuttal arguments. Resolution A would allow for rebuttal arguments and Resolution B would not. 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 desires to submit an argument for or against this 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 October 12, 1992 . CERTIFICATE OF EXAMINATION STATEMENT OF FACTS RELATED TO REFERENDUM PETITION ■ On Wednesday, August 5, 1992, a Referendum Petition protesting the City Council's adoption of Resolution No. 88-92 on July 13 , 1992 , was filed with the City Clerk of the City of Dublin. ■ The Proponents of said Referendum Petition were listed as: Douglas Abbott, 8206 Rhoda Avenue, Dublin, CA 833-0596 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 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, 050 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 September 28, 1992 . Date: 99z- ay eC City Clerk RESOLUTION NO. m 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON TUESDAY, JANUARY 5, 1993; REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO ALLOW REGISTRAR OF VOTERS TO CONDUCT ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS WHEREAS, a Referendum petition filed with the City Clerk has been certified as being sufficient; and WHEREAS, the City Council desires to call a Special Election in and for the City of Dublin; and WHEREAS, certain actions are required in connection with said election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that a Special Election to be held in the City of Dublin on January 5, 1993, is hereby called. BE IT FURTHER RESOLVED as follows: 1) The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk. 2) The City of Dublin shall pay to the Board of Supervisors of Alameda County actual costs for expenses incurred 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. 3) The referendum measure to be voted upon shall read as follows: "Shall City Council Resolution No. 88-92, adopting a General Plan Amendment and Specific Plan for Western Dublin which would establish a maximum number of dwelling units to be constructed in the area while setting aside a certain percentage of the property for open space uses, including a golf course, and making findings, adopting a statement of overriding considerations and adopting a mitigation monitoring program pursuant to the California Environmental Quality Act be adopted?" 4) The City Clerk is hereby directed to forward 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. 5) Ballot arguments submitted in accordance with Election 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, October 12, 1992 . 6) Rebuttal arguments containing no more than 250 words shall be submitted to the City Clerk no later than 4 : 00 p.m. , on Thursday, October 22, 1992 . 7) The City Clerk is hereby directed to cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California. 8) The City Clerk is hereby directed to obtain printing, supplies and services as required. 9) The City Clerk is hereby authorized to provide such other services and supplies in connection with said election as may be required by the statutes of the State of California. PASSED, APPROVED AND ADOPTED this 28th day of September, 1992, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF DUBLIN ON TUESDAY, JANUARY 51 1993; REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO ALLOW REGISTRAR OF VOTERS TO CONDUCT ELECTION; AND AUTHORIZING CERTAIN PROCEDURAL MATTERS WHEREAS, a Referendum petition filed with the City Clerk has been certified as being sufficient; and WHEREAS, the City Council desires to call a Special Election in and for the City of Dublin; and WHEREAS, certain actions are required in connection with said election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that a Special Election to -be held in the City of Dublin on January 5, 1993, is hereby called. BE IT FURTHER RESOLVED as follows: 1) The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk. 2) The City of Dublin shall pay to the Board of Supervisors of Alameda County actual costs for expenses incurred 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. 3) The referendum measure to be voted upon shall read as follows: "Shall City Council Resolution No. 88-92, adopting a General Plan Amendment and Specific Plan for Western Dublin which would establish a maximum number of dwelling units to be constructed in the area while setting aside a certain percentage of the property for open space uses, including a golf course, and making findings, adopting a statement of overriding considerations and adopting a mitigation monitoring program pursuant to the California Environmental Quality Act be adopted?" 4) The City Clerk is hereby directed to forward 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. 5) Ballot arguments submitted in accordance with Election 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, October 12, 1992 . 6) In accordance with Election Code Sections 4015. 5 (b) and 5014 . 5 (b) , rebuttal agruments shall not be accepted for any measure submitted to the voters at this special election. 7) The City Clerk is hereby directed to cause the posting, publication and printing of all notices or other election materials pursuant to the requirements of the Government Code and Elections Code of the State of California. 8) The City Clerk is hereby directed to obtain printing, supplies and services as required. 9) The City Clerk is hereby authorized to provide such other services and supplies in connection with said election as may be required by the statutes of the State of California. PASSED, APPROVED AND ADOPTED this 28th day of September, 1992 , by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk