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Home My WebLink About24 - Certification of Greenlight II PetitionCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 24 June 27, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office LaVonne M. Harkless, City Clerk 949 - 644 -3005, Iarkless@city.newport- beach.ca.us SUBJECT: CERTIFICATION OF THE PETITION ENTITLED "VOTER APPROVAL FOR MAJOR DEVELOPMENTS OVER "AS BUILT CONDITION" OF CITY" RECOMMENDATION: 1) Approve the certification of the petition entitled " Voter Approval for Major Developments Over "As Built Condition" of City" from the Registrar of Voters, County of Orange, as presented by the City Clerk; and 2) Direct staff to report back to Council on or before Tuesday, July 25, 2006 with the impacts of the initiative on municipal operations pursuant to Council action taken on January 24, 2006 and with the necessary actions required by Election Code Section 9215. DISCUSSION: Background: On May 30, 2006, the proponents filed the petition with the City Clerk's office. The City contracted with the County of Orange to perform the signature verification service. On June 14, 2006, the City Clerk forwarded a copy of the "Certificate as to Verification of Signatures on Initiative Petition' provided by the Registrar of Voters to the proponents informing them of the sufficiency of their petition (copy attached). Based on the voter registration, 6,056 valid signatures were required to qualify for the ballot. After examining the petition, the Registrar of Voters determined the following facts: Number of signatures filed 9,091 Number of signatures required 6,056 Number of signatures verified 7,782 Number of signatures found valid 6,088 Number of signatures found invalid 1,694 Certification of Petition June 27, 2006 Page 2 Pursuant to Election Code Sections 1415 and 9114, the clerk must certify a sufficient petition to the City Council at the next regular meeting. Based on the provisions of Election Code Section 9215 since the petition was signed by not less than 10 percent of the voters of the city, according to the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187, effective at the time the Notice of Intent was published, the legislative body shall do one of the following: (a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. (b) Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405 (at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election [November 7, 2006]), unless the ordinance petitioned for is required to be, or for some reason is, submitted to the voters at a special election pursuant to subdivision (a) of Section 1405. (c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition 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). The impact report was ordered by the City Council on report attached); however a time framo for presentation established at that time. Pursuant to Section 9212 o must be presented to the legislative body no later tF official certifies to the sufficiency of the petition to the le 27, 2006). Environmental Review: Not applicable Submitted by: 7 , LaVonne M. Harkless, City Clerk Attachments: Certification January 24, 2006 staff report H:\Greeniight 11 Initiative - 9- 05\Certification Staff Report 6527- 06.doc January 24, 2006 (copy of staff of the report to Council was not f the Elections Code the report an 30 days after the elections gislative body (on or before July 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 Newport Beach entitled, "Greenlight 11 ". I further certify that from said examination I have determined the following facts regarding this document: Number of signatures filed: 91091 Number of signatures required: 6.056 Number of signatures verified: 7.782 Number of signatures found valid: 6.088 Number of signatures found invalid: 1,694 WITNESS my hand and Official Seal this 14`h day of June, 2006. NEAL KE Registrar OrangeeC Petition Result Breakdown Total Pages 1656 Circulators Checked No cc: N. Signatures Required 6056 Howe K. Gold Raw Count 9,091 M. Tu K. Sample Size 9,091 Percent of Sigs Percent of Sigs Checked 7,782 Checked Sample Size Sigs Not Checked 1,309 14.4% Sigs Valid 6,088 78,2% 67.0% Sigs Invalid 1,694 21.8% 18.6% Duplicated 743 10.0% 8.2 % Non-duplicate invalids 951 12.0% 10.5% Approved Approved 6,088 78.2% NotReg Not Registered 567 7.3% OutOfDist Out of District 25 0.3 % Duplicate Signed more than once 743 9.5 % RegLate Registered Late 56 0.7% RegDiffAdd Registered at a Different Address 264 14 % NoResAdd No Residence Address Given 7 0,1 % NoSig No Signature 1 0.0% SigNoMatch Signatures Don't Match 31 0.4% Total Pages 1656 Circulators Checked No cc: N. Kelley G. Howe K. Gold M. Nielsen M. Tu K. Cotton N. Mendoza PCMR040 - petition Result Breakdown Page I of - Printed: 611412006 8:51:08AM CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 January 24, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Robin Clauson, City Attomey ext. 3131, rclauson(cDcity.newport- beach.ca.us SUBJECT: Report on impacts of Initiative Petitions Related to Major Developments and Financing for Public Improvements Pursuant to Elections Code ISSUE: Should the City Council request a report on the impacts of the circulating initiative. petitions to determine what practical effects the ballot measures would have on the City if they were approved by resident voters? RECOMMENDATION: Request staff to prepare a report on the impacts of the two initiatives that are currently circulating for signatures as authorized by and in compliance with the Elections Code. DISCUSSION: Proponents of two initiatives are circulating petitions for signatures to place the initiatives before the City electorate. Per the Califomia Elections Code, the proponents have 180 days to gather signatures from the date the proponents received the Title and Summary prepared by the City Attomey. For the initiative that requires voter approval before the City Council can finance construction of public improvements, the 180 days will nun on April 1, 2006, and for the initiative requiring voter approval for major developments over the "as built condition" of the City, the 180 days will run on May 27, 2006. Califomia Electrons Code Section 9212 permits the Council to request a report on the impacts of an initiative related to any or all of the following: (1) Its fiscal impact. (2) Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, Report on Impacts of Initiative Petitions Related to Major Developments and Financing for Public Improvements Pursuant to Elections Code January 24, 2006 Page 2 and the limitations on city actions under Section 65008 of the Govemment Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Govemment Code. (3) Its effect on the use of land, the impact on the availability.and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community's ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report. If requested, the report must be presented to the Council no later than 30 days after the City Clerk certifies the sufficiency of petition. Due to the complex nature of the two initiatives it is staffs suggestion that the Council consider whether staff should begin to analyze the impacts, as authorized in the Elections Code, now. Environmental Review: This is not a project under CEQA. Public Notice: Agenda notice 72 hours before meeting as required by the Brown Act Prepared and Submitted by: Robih . Clauson, City Attorney F:losers\catlsharediC CstaffReportstCircOfPet tions.doc