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City of Hermosa Beach --- 02-09-99
INITIATIVE PETITION TO AMEND THE LAND USE DESIGNATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED JUST WEST OF PACIFIC COAST HIGHWAY, BETWEEN SIXTH AND EIGHTH STREETS, BEHIND THE LEARNED LUMBER FACILITY AND ABANDONED MAR VISTA MOTEL
Recommendation:
It is recommended that the City Council:
(a) Introduce the ordinance without alteration and adopt the ordinance within 10 days; (b) Order a special election to be held either May 11 or May 18, 1999, at which the ordinance, without alteration, shall be submitted to the voters; or (c) Order the election on the proposed ordinance to be consolidated with the regular municipal election of November 2, 1999.
Background:
At the meeting of January 12, 1999, the City Clerk presented to Council a Certificate of Sufficiency for the subject initiative ordinance, noting that the petition contained valid signatures from more than 15 percent of the registered voters and, therefore, qualified for a special election. Council was presented with the alternatives mandated by State law to either: (a) introduce the ordinance and adopt it within 10 days; (b) immediately order a special election to be held April 13 or April 20; or (c) order a report pursuant to Elections Code Section 9212 to be presented to the Council within 30 days. The Clerk's report included a detailed analysis of each of the alternatives and attempted to provide all available options under every possible scenario.
At that meeting, the Council opted to order a report, to be presented at the February 9 meeting, thereby deferring action on the petition until that date. Staff was directed to report on the following issues: 1) fiscal impact; i.e., revenue from hotel/motel use; and 2) consistency of the proposed ordinance with the project ultimately voted on by the Council at its May 28, 1998 meeting. That report is attached.
Also attached is a letter received from an attorney representing the proponents arguing that the special election must be held within 88 and 103 days and may not be consolidated with the regular November 2 election. A response from City Attorney Mike Jenkins will be provided at the meeting under separate cover.
REVIEW OF ALTERNATIVES:
Option (a) - Introduce the Ordinance
If the City Council opts for Alternative (a){Special Char 190 in Font "Symbol"}to introduce the ordinance without alteration at tonight's meeting{Special Char in Font "Symbol"}there would be no election. Because State law requires the subsequent adoption of the ordinance to take place within 10 days, it would be necessary to adjourn tonight's meeting to a date no later than Thursday, February 18, 1999, in order to adopt the ordinance within the State-mandated time limit.
Option (b) - Immediately Order a Special Election
If the City Council opts for Alternative (b){Special Char 190 in Font "Symbol"}to immediately order a special election to submit the ordinance without alteration to a vote of the people{Special Char 190 in Font "Symbol"}the election must be held either Tuesday, May 11, or Tuesday, May 18. Since May 11 is the date of a regular scheduled Council meeting, May 18 would be the recommended election date. This later date would also allow staff the maximum time to prepare for the election. The attached resolutions associated with the calling of a special election would need to be adopted tonight. Before adopting the resolutions, however, there are several decisions that the Council must make:
AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL Shall the Ordinance which would amend the land use designation and zoning classification from commercial to medium density residential on property located just west of Pacific Coast Highway, between Sixth and Eighth streets, behind the Learned Lumber facility and the abandoned Mar Vista Motel, be adopted? YES_______ NO_______ If Council changes the wording suggested above, resolutions 1 and 4 should be adopted noting the amended wording. 3) Decide on the filing of a written argument by Council with regard to the measure and authorize which Councilmember(s), if any, will file a written argument against the measure, with all Councilmembers invited to sign (resolution 4). Pursuant to Elections Code 9219, the person(s) filing an initiative petition have first priority to file a written argument in favor of the ordinance, and the Council has first priority, if it chooses, to submit an argument against the ordinance. If there were no Council authorization, the resolution would be amended to merely direct the preparation of an impartial analysis. (If a special election is called, I have set the date of Monday, February 22 as the deadline for filing direct arguments; the deadline for rebuttals would be Thursday, March 4, 1999.)
As noted in the January 12 report, the cost of a special election is estimated to be about $30,000 (a proposed budget has been prepared and is attached). As previously explained, although this unplanned expenditure was not considered during the 1998-99 budget preparation, it was taken into consideration when funds were reappropriated on September 10, 1998. The August 5 submittal of the notice of intent to circulate this petition alerted staff to the possibility of a special election, and unspent funds of $30,000 (which were available from the City Clerk's 1997-98 budget) were reappropriated into the Clerk's contract services account for this fiscal year to fund, if needed, the potential special election.
There is also a request for additional compensation for the City Clerk for the three and one-half month election process (resolution 6). It has been traditional for the City Clerk to receive extra compensation during all election periods due to the significant increase in the workload. For elections consolidated with the County, the additional compensation has been one-half of the Clerk's existing monthly salary. For non-consolidated elections, which are conducted by the Clerk's office and involve significantly more duties and responsibility, the additional compensation has been equal to the Clerk's monthly salary, since adding the administration of a special election to the other duties essentially turns the part-time Clerk's position into a full-time job. Although additional assistance has traditionally been budgeted to help out during the election process, I am not requesting the hiring of anyone else at this time.
Option (c) - Consolidate the Election with the November Regular Municipal Election
If the City Council opts for Option (c){Special Char 190 in Font "Symbol"}to order the election to be consolidated with the regular municipal election of November 2, 1999{Special Char 190 in Font "Symbol"}the City Clerk would include this measure in the resolutions and associated documents related to calling the November election, which will be presented for Council action in June.
As already noted, a letter has been received from an attorney representing the proponents arguing that the special election must be held within 88 and 103 days and may not be consolidated with the regular November 2 election. A response from City Attorney Mike Jenkins will be provided at the meeting under separate cover.
RESOLUTIONS (ATTACHED) TO IMMEDIATELY CALL SPECIAL ELECTION:
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1. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MAY 18, 1999, FOR THE SUBMISSION OF A PROPOSED ORDINANCE.
2. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 18, 1999.
3. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 18, 1999, BE MADE BY THE CITY CLERK.
4. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MAY 18, 1999, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. (OPTIONAL, but if adopted, should be adopted at the same meeting as the resolution calling the election)
5. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A MEASURE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MAY 18, 1999. (OPTIONAL, but if adopted, must be adopted at the same meeting as the resolution calling the election)
6. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MAY 18, 1999.
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PROPOSED BUDGET ESTIMATE SPECIAL MUNICIPAL ELECTION MAY 18, 1999
Approx. Payment Due Date
Martin & Chapman, Election Services $15,000 05/19/99 County Registrar-Recorder - Support Services - $ 5,000 05/19/99 Data Processing Index Preparation, Absentee Ballot Signature Verification, Precinct Consultation and Verification Legal Notice Newspaper Publication $ 100 05/15/99 Postage: Sample Ballots- 14,000 at 15 cents each $ 2,100 04/09/99 Absentee Ballots - 2,800(??) at 55 cents each $ 1,540 As mailed Delivery of Absentee Ballots to County for $ 100 As needed signature verification Training class for poll workers $ 500 05/01/99 Polling place rental - 9 at $25 each $ 225 05/19/99 Election Officers: 9 inspectors at $55 each $ 495 05/19/99 27 clerks at $45 each $ 1,215 05/19/99 Training - 36 at $25 each $ 900 05/01/99 Election Night Workers - 10 at $35 each $ 350 05/19/99 Reproduction Charges, Office Supplies $ 500 Monthly Telephone $ 300 Monthly Miscellaneous $ 300 Monthly
$28,625 FY98/99 Additional cost requiring separate allocation and Council approval: City Clerk - additional election compensation $ 6,381 Bi-monthly ($1,823/month for 3-1/2 months election process)
As noted in the report, not requested at this time is the hiring of an Election Specialist Assistant, a normal stand-alone election expenditure ($12/hr. for 2-1/2 mos., or 400 hrs. = $4,800 savings). Also, for budgeting purposes, please note that $3,847.44 for signature verification of the petition (County bill dated 1/26/99) has already been expended from the Clerk's election budget.
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RESOLUTION NO. 99- (#1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MAY 18, 1999, FOR THE SUBMISSION OF A PROPOSED ORDINANCE
WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Hermosa Beach, California, signed by more than 15 percent of the number of registered voters of the city to submit a proposed ordinance to amend the land use designation and zoning classification of certain property; and WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to be held in the City of Hermosa Beach, California, on Tuesday, May 18, 1999, a Special Municipal Election for the purpose of submitting to the voters the following proposed ordinance:
SECTION 2. That the text of the ordinance submitted to the voters is attached as Exhibit "A". SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls shall be open at seven o'clock a.m. (7 A.M.) of the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8 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 6. That pursuant to Elections Code Section 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of $55 for each Inspector and $45 for each Clerk for the election. SECTION 7. 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 8. 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 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
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EXHIBIT "A"
AN ORDINANCE AMENDING THE LAND USE DESIGNATION OF CERTAIN PROPERTY FROM COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL
THE PEOPLE OF THE CITY OF HERMOSA BEACH DO ORDAIN AS FOLLOWS: HERMOSA BEACH RESIDENTIAL AND COMMERCIAL IMPROVEMENT ENABLING ACT SECTION 1. Title This Act shall be known and may be cited as the "Hermosa Beach Residential and Commercial Improvement Enabling Act." SECTION 2. Findings and Declarations The people of the City of Hermosa Beach hereby find and declare all of the following:
SECTION 3. Purpose and Intent The people of the City of Hermosa Beach hereby declare their purpose and intent in enacting this Act to be as follows:
SECTION 4. Project Location The residential and commercial projects described in this Act whose application would be permitted to proceed are located at the properties described below:
SECTION 5. Project Description Subject to City approval, the proposed residential and commercial project would be accomplished by resubdividing the two properties, described in Section 4(a) and (b) above, into two parcels. The rear 120 feet of said properties would become Lot 1, upon which the residential project would be constructed. The Pacific Coast Highway frontage of the same two described properties, to a depth of 170 feet, would become Lot 2 and be utilized for commercial purposes. SECTION 6. General Plan Amendment and Zone Change Findings The people of the City of Hermosa Beach hereby make the following findings pertaining to the General Plan Amendment and Zone Change provided for in this Act:
SECTION 7. General Plan Amendment The Land Use Map of the General Plan is hereby amended by changing the Land Use Designation of the westerly 120 feet of Lots 27 and 28, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12, as shown on the attached map, from Commercial Corridor to Medium Density Residential as that designation is defined in the General Plan on August 1, 1998. SECTION 8. Zoning Change The Official Zoning Map is hereby amended by changing the zoning district of the westerly 120 feet of Lots 27 and 28, Block 78, 2nd Addition to Hermosa Beach, M.B. 3-11-12, as shown on the attached map, from S.P.A.7 to R-2 (Two-Family Residential) as that zoning district is defined in the Zoning Ordinance on August 1, 1998. SECTION 9. Severability If any provision of this Act, or part thereof, is for any reason held to be invalid or unconstitutional, the remaining provisions shall not be affected, but shall remain in full force and effect, and to this end the provisions of the Act are severable.
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RESOLUTION NO. 99- (#2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 18, 1999
WHEREAS, a Special Municipal Election is to be held in the City of Hermosa Beach, California, on Tuesday, May 18, 1999; and WHEREAS, in the course of conduct of said election, it is necessary for the City to request services of the County of Los Angeles; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Hermosa Beach.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the provisions of Section 10002 of the Elections Code of the State of California, this City Council hereby requests the Board of Supervisors of the County of Los Angeles to permit the County Election Department to prepare and furnish to the City for use in conducting the election the computer record of the names and addresses of all eligible registered voters in the City in order that the City may print labels to be attached to self-mailer sample ballot pamphlets; and to also furnish to the City printed indices of the voters to be used by the precinct board at the polling place; and to make available to the City additional election equipment and assistance according to state law. Section 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 3. That the City Clerk is hereby directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. Section 4. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original resolutions of said City; and shall make a minute of passage and adoption thereof in the minutes of the meeting at which the resolution is adopted.
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RESOLUTION NO. 99- (#3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 18, 1999, TO BE MADE BY THE CITY CLERK
WHEREAS, a Special Municipal Election will be held and conducted in the City of Hermosa Beach, California, on Tuesday, May 18, 1999, as required by law; and WHEREAS, the City Council desires the canvass of the election to be made by the City Clerk;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held Tuesday, May 18, 1999, is ordered to be made by the City Clerk. SECTION 2. That the City Clerk shall complete the canvass of the election prior to the second Tuesday following the election, and shall certify the results to the City Council on the second Tuesday following the election, which will be June 1, 1999. SECTION 3. That this resolution shall apply only to the election to be held on May 18, 1999, and shall then be repealed. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
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RESOLUTION NO. 99- (4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A MEASURE TO BE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MAY 18, 1999, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, a Special Municipal Election is to be held in the City of Hermosa Beach, California, on Tuesday, May 18, 1999, at which there will be submitted to the voters the following measure:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 9219 of the Elections Code of the State of California, the person(s) filing an initiative petition have first priority to file a written argument in favor of the ordinance, and the City Council has first priority, if it chooses, to submit an argument against the ordinance. SECTION 2. That the Hermosa Beach City Council hereby authorizes Councilmember(s) , with all Councilmembers invited to sign as members of that body, to file a written argument against the City measure specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the arguments until and including the date fixed by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Clerk shall prepare the impartial analysis. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
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RESOLUTION NO. 99- (#5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR A MEASURE SUBMITTED AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MAY 18, 1999
WHEREAS, Section 9220 and 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for City measures submitted at municipal elections;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not more than ten (10) days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on May 18, 1999, and shall then be repealed. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same into the book of original Resolutions of said City, and shall make a minute of passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted.
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RESOLUTION NO. 99- (#6)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, FIXING THE COMPENSATION TO BE RECEIVED BY THE CITY CLERK FOR THE SPECIAL MUNICIPAL ELECTION OF MAY 18, 1999
WHEREAS, the matter of the Special Municipal Election of May 18, 1999, as it relates to additional duties and staffing was reviewed by the City Council on January 12 and February 9, 1999.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to Ordinance No. 78-603 of the City of Hermosa Beach, adopted December 14, 1978, the compensation of the City Clerk shall be fixed by resolution of the City Council. SECTION 2. That the City Clerk shall receive an additional monthly salary of one thousand eight hundred twenty-three dollars ($1,823) for the three and one-half month election process, commencing February 16, 1999, through May 30, 1999, payable semi-monthly at the same time and in the same manner as the salaries paid to each of the officers and employees of the City. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
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