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HomeMy WebLinkAbout55C - RESO - REIMBURSEMENT TO COUNTY FOR PETITION VERIFICATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 4, 2013 TITLE: MEDICAL CANNABIS RESTRICTION AND LIMITATION INITIATIVE - RESOLUTION AUTHORIZING REIMBURSEMENT TO THE COUNTY OF ORANGE, REGISTRAR OF VOTERS FOR PETITION SIGNATURE VERIFICATION SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1St Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the Clerk of the Council to reimburse the County of Orange Registrar of Voters for petition signature verification services. 2. Direct staff to prepare a report as allowed by Election Code § 9212, if desired. DISCUSSION On January 24, 2013, proponents of the Medical Cannabis Restriction and Limitation Initiative submitted their petition. Following a prima facie count, the Clerk of the Council's staff determined that the petition contained 16,948 signatures. According to information provided by the Registrar of Voters, the official number of registered voters in the City of Santa Ana applicable to this initiative is 109,155. The minimum number of signatures needed to qualify for a Special Election is 15% or 16,374; and for the 2014 General Municipal Election is 10% or 10,916. Since it was determined that the proponents submitted sufficient signatures for official filing of the petition requiring formal signature verification, the Clerk of the Council submitted a formal request to the Orange County Registrar of Voters on January 25, 2013 to conduct a random sample of signature count. Pursuant to Elections Code Section 9114, the Orange County Registrar of Voters must complete the verification process within thirty working days following the January 24, 2013 submission date. 55C-1 Medical Cannabis Initiative - Petition February 4, 2013 Page 2 The City has been informed by the Orange County Registrar of the Voters that the charge for signature verification is $3.40 per signature. A full count of the petition would cost approximately $57,830.60, while a random count will cost approximately $1,734. These costs are to be paid for by the City. Pursuant to Elections Code Section 9115, the random count must result in a number that is within 95% to 110% of the required valid signatures, if not a full count must be conducted. If necessary, the full count must be completed within 60 working days of the date the petition was filed. Additionally, Election Code § allows the City Council to request a report from City staff addressing any or all of the following issues as it relates to the approval of said initiative: (1) Its fiscal impact to the City budget. (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, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government 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) And any other matters the legislative body requests to be in the report. The report shall be presented to the City Council no later than 30 days after the City certifies the sufficiency of the petition. FISCAL IMPACT In order to ensure that sufficient funds are available, authorization is requested to reimburse the County for signature verification in an amount not to exceed $58,000. Funds are available in Account No. 011-05015-62300. APPROVED AS TO FUNDS AND ACCOUNTS: Maria D. Huizar, Clerk of the Council Francisco Gutierrez Executive Director Finance & Mgmt Services Agency 55C-2 RESOLUTION NO. 2013-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING REIMBURSEMENT TO THE COUNTY OF ORANGE FOR PETITION SIGNATURE VERIFICATION SERVICES RELATED TO THE MEDICAL CANNABIS INITIATIVE PETITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On January 24, 2013, initiative petitions were received by the Clerk of the Council, as Elections Official, regarding Medical Cannabis. B. On January 24, 2013, the Clerk of the Council determined, prima facie, that the petitions contained 16,948, which exceeded the 16,:74 needed for a Special Election and 10,916 to qualify for the 2014 General Municipal Election; sufficient for official filing of the petition and requiring formal signature verification by the Orange County Registrar of Voters (OC Voter Registrar). C. Pursuant to Elections Code Sections 9114, the Registrar must complete the verification process within 30 working days following January 24, 2013, and may utilize a 500-signature random count process. D. The Clerk of the Council, upon advice of the Registrar and in accordance with Elections Code Section 9115, has determined to utilize a 500- signature random verification process. E. The Registrar has estimated the cost of - full count will be approximately $57,830.60, while a random count will cost approximately $1,700. These costs must be borne by the City. F. Under Elections Code Section 9115, the random count must result in a number that is at least 110% of the required valid signatures; otherwise a full count must be conducted. If necessary,, the full count must be completed within 60 working days of January 24, 2013. Section 2. The Clerk of the Council is hereby authorized to reimburse the County of Orange the costs of the signature verification, not to exceed $57,830.60. Resolution No. 2013-XXX Page 1 of 2 55C-3 Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2013. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2013-xxx to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2013-XXX Page 2 of 2 55C-4