HomeMy WebLinkAbout04 - Special Municipal Election - 11-20-2001Agenda Item No. 4
August 14, 2001
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
TO: Honorable Mayor and Members of City Council
FROM: LaVonne M. Harkless, City Clerk
SUBJECT: Special Municipal Election - November 20, 2001: Adoption of Resolutions
Calling the Election and Requesting the Board of Supervisors to Conduct the
Election
RECOMMENDATION
That the City Council adopt the following resolutions calling a Special Municipal Election for
Tuesday, November 20, 2001 pursuant to the City Charter:
a) Adopt Resolution No. 2001- Calling and Giving Notice of a Special Municipal
Election to be held on Tuesday, November 20, 2001, for the Submission of a
Proposed Measure to the Qualified Voters; and
b) Adopt Resolution No. 2001- Requesting the Board of Supervisors of the
County of Orange to Conduct the Special Municipal Election to be held on Tuesday,
November 20, 2001.
BACKGROUND
Section 1002 of the City Charter indicates that unless otherwise provided by ordinance, all
elections shall be held in accordance with the provisions of the Elections Code of the State of
California for the holding of municipal elections as long as they do not conflict with the Charter.
These resolutions are in compliance with the provisions of the Elections Code and/or the City
Charter.
On July 24, 2001, at the conclusion of a public hearing on the Measure S Post Approval Report,
the City Council determined that the Koll Office Site B General Plan Amendment (GPA
97 -3 (B)) requires voter approval pursuant to Section 423 of the Newport Beach City Charter.
The initial report concluded that the amendment exceeded two of the four thresholds that require
voter approval pursuant to the Charter. The final action by the City Council did not alter the
conclusions of the initial report; therefore the City Council is required to submit the amendment
to the voters. According to Council Policy A -18, the City Council is required to adopt the
appropriate resolutions calling an election on the amendment no more than sixty (60) days after
making the determination. Section 423 of the City Charter indicates that the election must be
held at the next regular municipal election or at a special election if the applicant has entered into
Special Municipal Election
August 14, 2001
a written agreement with the City to share the costs of the special election. On July 24, 2001 the
City Council approved a cost - sharing agreement with the applicant to pay 100 percent (100 %) of
the cost of the special election, with the exception of staff costs. The cost sharing agreement has
been fully executed by all parties and the $25,000 deposit has been placed in a special
reimbursement account established just for this special election. The Election Code requires that
special elections shall be held not less than 88 days nor more than 103 days (November 10 —
November 25) after the date the City Council calls for the election. We are proposing that the
Special Municipal Election be held on November 20, 2001 because the County Registrar of
Voters indicated they would not conduct the election on November 13, 2001, the only other
available date within the 88 day — 103 day window.
Elections Code Section 13109(n) sets forth the method for determining ballot designations.
Since the City Council is the governing body calling the election for the measure, the Council
can use any designation they choose. However, if more than one measure is placed on a ballot,
they must be lettered consecutively. Since this is the only measure on the ballot and the applicant
has agreed to pay 100 percent (100 %) of the cost of the election, the applicant has requested that
the measure be designated as Measure G. Staff does not have a problem with that designation
and would recommend granting the applicant's request.
Based upon the time reasonably necessary to prepare and print the arguments and sample ballots
for the election, the City Clerk in coordination with the Registrar of Voters, has fixed Friday,
August 24, 2001, during normal office hours, as the deadline for submitting direct arguments on
the measure. The arguments will be available for public examination in the clerk's office for not
less than 10- calendar days from the deadline for filing arguments.
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LaVonne M. Harkless, CMC /AAE
City Clerk
Attachments: Resolution Calling Election
Resolution Requesting Conduct of Election
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RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH CALIFORNIA, CALLING AND GIVING NOTICE
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 20, 2001, FOR THE SUBMISSION OF A PROPOSED
MEASURE TO THE QUALIFIED VOTERS
WHEREAS, pursuant to Section 423 of the Newport Beach City Charter and City
Council Policy A -18, the City Council of the City of Newport Beach, California, desires to
submit to the voters at a Special Municipal Election a measure related to a proposed amendment
to the Land Use Element of the General Plan (General Plan Amendment 97 -3 (B).
WHEREAS, the City Council is authorized and directed by the provisions of the
City Charter to submit the proposed measure to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the Charter there is called and
ordered to be held in the City of Newport Beach, California, on Tuesday, November 20, 2001, a
Special Municipal Election for the purpose of submitting the following proposed measure to the
voters:
MEASURE G
Shall the Land Use Element of the Newport Beach General Plan be amended to add
250,000 square feet to the existing entitlement for Koll Center Newport Office Site B
(Airport Area (Statistical Area L4))?
YES/NO
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 City Clerk is authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter and all supplies,
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equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
SECTION 4. That the polls 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 5. 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 6. That notice of the time and place of holding the election is given
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.
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.
ATTEST:
CITY CLERK
PASSED, APPROVED AND ADOPTED this 14`h day of August, 2001.
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RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONDUCT A
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 20, 2001
WHEREAS, the City Council of the City of Newport Beach, California called a
Special Municipal Election to be held on Tuesday, November 20, 2001; and
WHEREAS, in the course of conduct of the election it is necessary for the City to
request services of the County; and
WHEREAS, all necessary expenses in performing these services shall be paid by
the City of Newport Beach.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the
Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent
and agree to conducting a Special Municipal Election on Tuesday, November 20, 2001, for the
purpose of submitting to the voters a measure related to a proposed amendment to the Land Use
Element of the General Plan (General Plan Amendment 97 -3 (B).
SECTION 2. That the measure is to appear on the ballot as follows:
MEASURE G I YES
Shall the Land Use Element of the Newport Beach General Plan be
amended to add 250,000 square feet to the existing entitlement for I NO
Koll Center Newport Office Site B (Airport Area (Statistical Area
L4))?
SECTION 3. That the County Registrar of Voters is authorized to canvass the
returns of the Special Municipal Election.
SECTION 4. That the Board of Supervisors is requested to issue instructions to
the County Registrar of Voters to take any and all steps necessary for the holding of the special
election.
SECTION 5. That the City of Newport Beach recognizes that additional costs
will be incurred by the County by reason of this special election and agrees to reimburse the
County for any costs.
SECTION 6. That the City Clerk is hereby directed 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. 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 14th day of August, 2001.
MAYOR
ATTEST:
CITY CLERK
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SUBJECT:
SUMMARY:
ACTION
Introduction
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644-3200; FAX (949) 644-3250
Hearing Date:
Agenda Item:
Staff Person:
July 24, 2001
18
Patrick J. Alford
(949) 644 -3235
REPORT TO THE MAYOR AND CITY COUNCIL
Koll Office Site B CPA: Measure S Post Approval Report
Determination of whether the Koll Office Site B General Plan
Amendment (CPA 97 -3 (B)) requires voter approval pursuant to
Section 423 of the Newport Beach City Charter.
1) Conduct public hearing;
2) Review the Final Report and determine if General Plan
Amendment No. 97 -3 (B) requires voter approval pursuant to
Section 423 of the Newport Beach City Charter;
3) Authorize the Mayor to execute the cost - sharing agreement
with the applicant (Koll Center Newport Number A); and
4) Direct the City Clerk's office to submit resolutions to the City
Council for consideration on August 14, 2001 that would call
the election on November 20, 2001.
On June 26, 2001, the City Council approved CPA 97 -3 (B), which would amend the Land
Use Element of the General Plan to increase the square footage limit of Koll Center
Newport Office Site B by 250,000 square feet. City Council Policy A -18 (Measure S
Guidelines) requires that the City Council review an updated report on the amendment to
reflect the final City Council action (Final Report). Based on the Final Report, the
administrative record, and testimony, the City Council is required to determine if the
amendment requires voter approval.
Pursuant to Section 423 of the Newport Beach City Charter and City Council Policy A -18,
the City Council shall submit the amendment to the voters if:
1. The amendment relates to a non - residential use and authorizes an
increase in floor area that exceeds 40,000 square feet; or
2. The amendment relates to a residential use and authorizes an increase in
• the number of dwelling units that exceeds 100 dwelling units; or
3. The amendment modifies the use to generate at least 101 more morning
or evening peak hour trips; or
4. The increase in morning or evening peak hour trips, dwelling units or floor
area resulting from the amendment when added to 80 percent of the
increases in morning or evening peak hour trips, dwelling units or floor
area resulting from prior amendments exceeds one or more of the above
thresholds.
Analysis
The Initial Report concluded that the amendment exceeds two of the four thresholds
that require voter approval pursuant to Section 423 of the Newport Beach City Charter
and City Council Policy A -18. First, the amendment would authorize an additional
250,000 square feet of floor area, which exceeds the 40,000 square foot threshold for
non - residential development intensity. Second, the amendment would allow land uses
with the potential to generate an additional 375 a.m. peak hour trips and 285 p.m. peak
hour trips, which exceeds the 100 peak hour trip threshold.
The final action by the City Council did not alter the conclusions of the Initial Report.
Therefore, the City Council is required to submit the amendment to the voters. The City
Council is required to adopt appropriate resolutions calling an election on the
amendment no more than sixty (60) days after making the determination. The election
must be held at the next regular municipal election or at a special election if the
applicant has entered into a written agreement with the City to share the costs of the
special election. The applicant has submitted letters (Exhibit 1) stating his willingness to
enter into a cost sharing agreement with the City to pay 100 percent of the costs of the
special election, with the exception of staff costs, and the City Attorney has prepared a
written agreement to that effect (see Exhibit 2). The applicant also is willing to agree to
deposit $25,000, as well as establish an account with a financial institution in an amount
not less than $50,000 to ensure compliance with the reimbursement obligations
contained in the cost - sharing agreement.
The applicant is requesting that the special election be held on Tuesday, November 20,
2001. The State Elections Code requires that special elections shall be held not less than
88 days nor more than 103 days after the date the City Council calls for the election.
Therefore, staff is recommending that the City Council adopt the resolutions on August
14, 2001 calling the election.
Recommendation
Staff recommends that City Council:
1) Find that General Plan Amendment No. 97 -3 (B) requires voter approval
pursuant to Section 423 of the Newport Beach City Charter;
2) Authorize the Mayor to execute the cost - sharing agreement with the
applicant; and
3) Direct the City Clerk's office to submit resolutions to the City Council for
consideration on August 14, 2001 that would call the election on November
20, 2001.
Koll Office site B GPA Final Report
July 24, 2001
Page 2
•Submitted by:
PATRICIA L. TEMPLE
Planning Director
Exhibits:
Prepared by:
PATRICK J. ALFORD
Senior Planner
1. Applicant's letters (3) regarding the election on the project.
2. Draft cost- sharing agreement.
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Koll Office Site 8 GPA Final Report
July 24, 2001
Page 3
7�C Date � `�
STARPOTNTE Copies Sent To:
VENTURES E'ayor
� Councl Member
�Flanager '
July 11, 2001 /lEn o ney
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City Council
City of Newport Beach
3300 Newport Boulevard
Newport Bcach, CA. 92660
RE: Koll Center Newport Number A
Dear Council Members:
RECEIVED
-01 1L 13 A8 :26
Of TY OOF EWPORT BEACH
I understand that the Registrar of Voters has refused to set the election date on November
13, 2001, but indicated that November 20, 2001 would be acceptable. Please have the
election set on November 20, 2001.
Sincerely,
KOLLLL CENTER NEWPO T NUMBER A
Timothy L. Strader
TLS:mg
1900 Main Street, Suite 3509 Irvine, California 92614
(949) 622 -0420 * Fax (949) 622 -0404 * www.svdev.com
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STARPOINTE Cop Sent r«
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v EN 1 �.IRL+ S �uncil Member
Yanager
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July 11, 2001
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City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92660
RE: Koll Center Newport Number A
Dear Council Members:
RECEIVED
001 JUL 13 A8 26
OFFICE OF THE CITY CLERK
CITY OF NEWPORT BEACH
Due to some obligations that have come up, we would like to propose the special election
be held on November 13, 2001.
We are willing to enter into a cost sharing agreement with the City to pay 100°X0 of the
hard costs (not staff costs) for such election, and agree to deposit $25,000 with the
balance due upon receipt of an invoice from the County.
Very truly yours,
KKOLL CENTER N PORT NUMBER A
Timothy L. Strader
TLS:mg
1900 Main Street, Szdte 3509 Irvine, California 92614
(949) 622.0420 * Fax (949) 6224404 * www.ovdev.com
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S 1 ARPOiNIT Copi es Se nt
To:
VENTURES REG �ayor
�' �+ /� �iC�+►7 'Council Member
Manager
July 5, 2001 'ttt ey
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City Council
City of NC ,Tort Beach
3300 Newport Boulevard
Newport Beach, CA 92660
RE: Koll Center Newport Number A
Dear Council Members:
I have been in touch with the City Clerk, LaVonne Harkless, regarding a special election
for the Koll Center Newport General Plan Amendment. We understand that the planning
staff will be presenting the "post- approval report" as required by the existing Greenlight
policy at the July 24, 2001 City Council meeting.
If the Council decides that the project requires a vote, we are willing to enter into a cost
sharing agreement with the City to pay 100% of the hard costs (not staff costs) for such
election, and agree to deposit $25,000 with the balance due upon receipt of an invoice
from the County.
We would like to have the election set for Tuesday, November 20, 2001.
Very truly yours.
KOLL CENTER NEWPORT NUMBER A
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Timothy L. Strader
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1900 Alain Street, Suite 3509 Irvine, California 92614
(949) 622 -0420 * Fax (949) 622 -0404 * www.svdev.com
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COST SHARING AGREEMENT
This Cost Sharing Agreement (Agreement) entered into this 24th day of July 2001
between CITY OF NEWPORT BEACH (City) and KOLL CENTER NEWPORT
NUMBER A (Proponent) is made with reference to the following:
RECITALS
A. City is a charter city and municipal corporation that is duly organized and
• validly existing under the Newport Beach City Charter (Charter) and the
laws and Constitution of the State of California.
•
B. In October, 1997, Proponent submitted an application for an amendment
of the Land Use Element of the Newport Beach General Plan (GPA 97-
3(6)) to increase, by 250,000 square feet, the amount of gross floor area
permitted on property known as Koll Center Newport Office Site B.
C. In June and July of 2001, the Newport Beach City Council approved GPA 97-
3(6) and related ordinances.
D. On July 24, 2001, the Newport Beach City Council determined that voter
approval of GPA 97 -3(B) was required pursuant to Section 423 of the City
Charter.
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E. Section 423 of the City Charter and Council Policy A -18 authorize the City
Council to call a special election for a general plan amendment that requires
voter approval if the proponent and the City enter into a cost sharing agreement.
F. The Proponent has asked the City Council to schedule a special election on
GPA 97 -3(B) (Special Election) and has agreed to pay all of the "out of pocket'
costs the City incurs that are related to the Special Election.
G. The City Council, in reliance on Proponent's commitment to pay all "out of
pocket costs" related to the Special Election, has directed staff to prepare a
resolution calling a special election for GPA 97 -3(B).
H. City and Proponent are entering into this Agreement pursuant Section 423 of
the City Charter and this Agreement is contingent on the decision of the City
Council to call the Special Election as well as the consent of the County to
conduct the Special Election.
NOW, THEREFORE, the Parties agree as follows:
1. TERM
This Agreement shall commence on the date the City Council calls the Special Election
(Effective Date) and shall terminate when Proponent has fully paid the costs of the
Special Election. Either Party shall have the right to terminate this Agreement if the
County refuses to agree to conduct the Special Election on the date specified in the City
Council resolution calling the Special Election.
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2. DUTIES OF PROPONENT
Proponent shall do the following:
(a) Reimburse the City for all actual costs and expenses incurred by the City
relative to the Special Election. Proponent acknowledges that the City will
ask the County of Orange to conduct the Special Election and that the
costs and expenses of the Special Election are outside the control of the
City. Proponent shall not be required to reimburse the City for the work of
City staff including work performed by the City Clerk and the City Attorney.
Proponent shall reimburse City no later than 10 days after the date on
which City mails the request for reimbursement to Proponent.
40 (b) Deposit the sum of $25,000 with the City Clerk (reimbursement account)
as of the date this Agreement is executed by Proponent. The City Clerk
shall have the right to draw on the reimbursement account to pay any
costs related to the Special Election without mailing a request for
reimbursement pursuant to Subsection (a).
(c) Establish an account (in the form of a certificate of deposit or similar
instrument insured by FDIC or similar guarantor) with a financial institution
in an amount not less than $50,000 to ensure compliance with the
reimbursement obligations in this Agreement. The financial institution
shall be instructed to pay funds from this account to the City upon a
statement by the City Clerk that Proponent has failed to comply with the
provisions of Subsection (a). This account shall be established no later
than ten (10) days after the Effective Date of this Agreement. City shall
• authorize release to Proponent of all funds in this account no later than ten
3
(10) days after Proponent has fully complied with the reimbursement
obligations of this Agreement.
(d) Fully cooperate with the City in the conduct of the Special Election.
Proponent shall promptly submit all information, documents and material
requested by the City Clerk or City Attorney that are necessary or
appropriate for the preparation or publication of the ballot, sample ballot or
voter information material.
3. CITY DUTIES
City shall do the following:
(a) Provide the County with the information and documentation necessary to �!
conduct the Special Election.
(b) Reasonably cooperate with the County in the preparation for, and conduct
of, the Special Election.
(c) Submit a request for reimbursement to Proponent no later than five (5) days
after receipt of any bill or invoice related to the Special Election subject to
the right of the City Clerk to draw on the reimbursement account pursuant to
Subsection 3(b).
4. HOLD HARMLESS /NON- LIABILITY
(a) Proponent shall indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and
.against any and all loss, damages, liability, claims, litigation, or litigation 00'
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expenses arising out of, or in any way related to, the Special Election.
Proponent's obligations pursuant to this Subsection shall not extend to
any loss, claim, damage, liability, litigation or litigation expense that is
proximately caused by the sole negligence of, or willful misconduct or
violation of law by, the City and /or its officers or employees.
(b) In the event of litigation related to the Special Election, the City Council
may select legal counsel to represent the City and /or its officers,
employees and representatives. Proponent shall pay all reasonable
attorney fees and costs incurred by the City in any litigation arising out of
the Special Election and any award, including an award of attorney fees,
resulting from the litigation.
• (c) City shall not be liable to Proponent in damages for any failure to perform
its duties or obligations pursuant to this Agreement (for purposes of this
Subsection only defined as a City Breach). Proponent acknowledges that
it would be impossible to determine if any City Breach damaged
Proponent or Proponent's ability to develop the Property in a manner
consistent with GPA 97 -3(B). Accordingly, the Parties agree that
Proponent's sole remedy for any City Breach shall be an action for specific
performance.
5. ADMINISTRATION
The City Clerk shall be considered the Project Administrator and shall have the authority
to act for the City pursuant to this Agreement. The Project Administrator or his /her
authorized representative shall represent City in all matters pertaining to the Special
• Election and the performance of this Agreement.
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6. CITY'S RIGHT TO EMPLOY CONSULTANTS
City shall have the right to employ consultants, including election professionals and
attorneys, to perform City's duties pursuant to this Agreement and to provide legal advice
relative to the Special Election. Proponent shall pay all costs and expenses incurred by
City in retaining consultants pursuant to this Section.
7. NOTICES /REQUESTS
All notices, demands, or requests required by this Agreement shall be provided in writing
and shall be deemed served when delivered personally, when faxed or on the third
business day after the deposit in the United States mail, first class postage prepaid and
addressed as follows:
(a) To City at:
LaVonne Harkless, City Clerk
CITY OF NEWPORT BEACH
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
FAX (949) 644 -3039
(b) To Proponent at:
Koll Center Newport Number A
C/O Tim Strader
1900 Main Street
Suite 350
Irvine, CA 92614
FAX (949) 622 -0404
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8. DEFAULT
Either Party to this Agreement party shall be in default if that Party fails or refuses to
perform any material obligation at the time and in the manner required by this
Agreement. The Party not in default may give the other Party written notice of default
and may terminate this Agreement if written notice of default has been given and:
(a) the default is not cured within two (2) days; or
(b) the defaulting party fails to give adequate assurance of due performance
within two (2) days if more than two (2) days are reasonably required to
cure the default.
• 9. COMPLIANCES
Proponent shall comply with all state, federal and local laws and ordinances relative to
the conduct of a Special Election.
10. WAIVER
A waiver by either Party of any breach of this Agreement shall not be considered as a
waiver of any subsequent breach of the same or different provision of this Agreement.
11. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of the Parties and any
modification of this Agreement will be effective only if in writing and executed by both
• City and Proponent.
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CITY OF NEWPORT BEACH
A Municipal Corporation
M
Garold B. Adams, Mayor
ATTEST:
By:
LaVonne Harkless, City Clerk
APPROVED AS TO FORM:
as
Robert Burnham, City Attorney
PROPONENT:
By:
Koll Center Newport Number A
By Starpointe Ventures
Timothy L. Strader
Dated:
Dated:
Dated:
Dated:
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