City Council Special


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  Item # 1.       
Meeting Date: 03/06/2018  
FROM: Denise Basham

SUBJECT
Adopt Resolutions to Hold a Special Municipal Election on June 5, 2018
RECOMMENDATION
1) Adopt the Resolution by title only, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, June 5, 2018, for the submission of a proposed Ordinance; and
 
2) Adopt the Resolution by title only, requesting the Board of Supervisors of the County of Orange to consolidate a Special Municipal Election to be held on Tuesday, June 5, 2018, with the Statewide Direct Primary Election to be held on the same date pursuant to Section 10403 of the Elections Code; and
 
3) Adopt the Resolution by title only, setting priorities for filing a written argument regarding a City measure and directing the City Attorney to prepare an impartial analysis; and
 
4) Adopt the Resolution by title only, providing for the filing of rebuttal arguments for City measures submitted at municipal elections.
SUMMARY
On December 4, 2017, a proposed initiative measure and Notice of Intent to Circulate Petition was submitted to City Clerk for the purpose of approving a Cypress Town Center and Commons Specific Plan 2.0 and amending the Cypress General Plan, the Cypress Zoning Ordinance and Zoning Map, and Amended and Restated Cypress Business & Professional Center Specific Plan. The City Attorney prepared a ballot title and summary pursuant to Elections Code § 9203, which was then published in an adjudicated newspaper in the City.
 
After newspaper publication, the proponent began circulating the petition to gather the signatures necessary to qualify the measure for the June 5, 2018 Statewide Direct Primary Election. The signed petitions were submitted to the City Clerk on January 25, 2018 and hand-delivered to the Orange County Registrar of Voters that same day to begin signature verification.
 
The Orange County Registrar of Voters has notified the City Clerk that the necessary number of signatures to qualify the measure for the June 5, 2018 election have been obtained.
DISCUSSION
Measure “D” (Sections 5.28.020 and 5.28.090 of the Zoning Ordinance) prohibits the rezoning of the Los Alamitos Race Course property designated as Public/Semi-Public without voter approval. Due to the voter approval requirement in Measure “D,” a qualified initiative proceeds directly to an election. The City Council must therefore submit the proposed measure, without alteration, to the voters pursuant to Measure “D” and Elections Code § 1405.
 
This process involves the City Council adopting a resolution that calls and gives notice of a Special Municipal Election on Tuesday, June 5, 2018, and a resolution that requests the Board of Supervisors of the County of Orange consent and agree to the consolidation of a Special Municipal Election with the Statewide Direct Primary Election on Tuesday, June 5, 2018.
 
In addition to these resolutions, the City Council may consider the adoption of a resolution setting the priorities for filing a written argument regarding the measure and directing the City Attorney to prepare an impartial analysis, and the adoption of a resolution providing for the filing of rebuttal arguments for the measure. The City Attorney recommends the adoption of these companion resolutions to assure that all sides of the issue can be fully articulated.
 
If the resolutions are adopted, a “Notice to Voters of Date After Which No Arguments For or Against City Measures May Be Submitted to the City Clerk” will be posted at City Hall. Ballot arguments, pro and con, may be submitted to the City Clerk until March 16, 2018.
BUDGET IMPACT
The County estimates the cost for a consolidated election at $48,500 - $60,000, plus $10,499.20 for signature verification ($3.40 per signature). Los Alamitos Race Course has pledged to reimburse the City for these and other election and initiative-related expenses through a reimbursement agreement that is expected to be presented to the City Council on March 12, 2018.
LEGAL REVIEW
The City Attorney has reviewed and approved these Resolutions as to form and content.
  
APPROVED BY: Peter Grant, City Manager
Attachments
Resolution Calling Election
Resolution Requesting Consolidation
Resolution for Written Argument
Resolution for Rebuttal Arguments
Measure


    

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