HomeMy WebLinkAbout50A - CERT OF SUFFINCENY FOR REFERENDUM PETITIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 21, 2020
TITLE:
PRESENT CERTIFICATE OF SUFFICIENCY
OF REFERENDUM PETITION
CHALLENGING ORDINANCE NO. NS-2980;
ADOPT RESOLUTION ACCEPTING THE
CERTIFICATE AS TO VERIFICATION OF
SIGNATURES AND THE CERTIFICATE OF
SUFFICIENCY; AND EITHER REPEAL
ORDINANCE NO. NS-2980 OR DIRECT
STAFF TO PREPARE A RESOLUTION
CALLING A GENERAL ELECTION HELD ON
NOVEMBER 3, 2020 OR CALLING A
SPECIAL ELECTION
CLERK OF COUNCIL USE ONLY:
I_1N,1.1011I0W
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
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/s/Kristine Ridge FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1. Adopt a resolution accepting the certificate as to verification of signatures from the Orange
County Registrar of Voters and the certificate of sufficiency from the Clerk of the Council; and
2. Select either Option 1, Option 2, or Option 3 below to either repeal Ordinance No. NS-2980 or
call an election:
OPTION 1:
Adopt an ordinance repealing Ordinance No. NS-2980; or
rel i I rel d WA
Direct staff to prepare a resolution calling for a general municipal election on November 3, 2020
for the submission of the question whether to approve Ordinance No. NS-2980; or
OPTION 3:
Direct staff to prepare a resolution calling for a special municipal election for the submission of
the question whether to approve Ordinance No. NS-2980.
DISCUSSION
On January 21, 2020, the City Council approved Ordinance NS-2980 approving Amendment
Application No. 2018-10. This approval was part of the Addington Multi -Family Residential Project
to be constructed on property located at 2525 North Main Street in the City of Santa Ana.
#35881v2
50A-1
Certificate of Sufficiency
April 21, 2020
Page 2 of 3
Proponents filed the referendum petition challenging Ordinance No. NS-2980 with the Clerk of
Council on February 24, 2020. The initial count (prima facie) of the signatures by the Clerk of the
Council found that there were sufficient signatures to send the petition to the Orange County
Registrar of Voters ("ROV") for signature verification. The ROV verified the signatures on the
petition and provided a certificate of verification to the Clerk of the Council on April 6, 2020.
In order for a referendum petition in the City of Santa Ana to qualify, the petition must contain
signatures equal to ten percent (10%) of the registered voters. The required number of
signatures for this referendum petition was 10,909 signatures. After examination of the petition
by the ROV, the ROV determined the following:
Number of signatures filed
19,160
Number of signatures required
10,909
Number of signatures verified (reviewed)
15,666
Number of signatures found valid (good)
10,912
Number of signatures found invalid (disqualified)
4,754
Invalid because of duplicate
456
Pursuant to California Elections Code section 9240, the Clerk of the Council is required to certify
the sufficiency of the referendum petition to the City Council at the next regular City Council
meeting after receiving the Registrar's sufficiency determination. Once the City Council receives
the Clerk of the Council's certificate of sufficiency, the City Council must take one of three actions:
OPTION 1: Repeal Ordinance No. NS-2980
The City Council may adopt an ordinance which would repeal Ordinance No. NS-2980.
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If the City Council wants to place the question of whether to approve Ordinance No. NS-2980 on
the ballot for the next general election on November 3, 2020, staff will return with a resolution no
later than the July 21, 2020 City Council meeting. This is also the last possible meeting date for
the City Council to call for the November 3, 2020 General Municipal Election.
OPTION 3: Call for a special election to be held not earlier than 88 days
If the City Council wants to place the question of whether to approve Ordinance No. NS-2980 on
the ballot for a special election at the May 5, 2020 Council meeting, the possible special election
date is on any Tuesday between August 4 through October 28, 2020, except on September 8,
2020, the Tuesday after a state holiday (pursuant to Elections Code section 1100).
STRATEGIC PLAN
Approval of this agreement allows us to meet Goal #5 - Community Health, Livability, Engagement
& Sustainability, Objective #1, (establish a comprehensive community engagement initiative to
expand access to information and create opportunities for stakeholders to play an active role in
discussing public policy and setting priorities).
FISCAL IMPACT
50A-2
Certificate of Sufficiency
April 21, 2020
Page 3 of 3
Below are the costs summarized by Option(s):
Expenditure Type Amount Fiscal Year Account no. and Type
Signature Verification $60,000 FY 2019-20 01107031 62300 clerk of the council contractual Svcs.
Option #1
Expenditure Type Amount
Repeal of the Ordinance $ 0
Option #2
Expenditure Type Amount
General Election $100,000
Fiscal Year Account
n/a n/a
Fiscal Year Account no. and Type
FY 2020-21 01107031 62300 clerk otthe council contractual Svcs.
If Option #2 is approved by the City Council, the General Fund — Clerk of the Council base Budget
for FY 2020FY2020-21 will increase by $100, 000.
Option #3
Expenditure Type Amount Fiscal Year Account no. and Type
Special Election $650,000 FY 2020-21 01107031 62300 clerk of the council contractual Svcs.
If Option #3 is approved by the City Council, City's General Fund — Clerk of the Council base
Budget for FY 2020FY2020-21 will increase by $650,000.
Attachments: 1. Resolution Accepting Certificate of Signature Verification and Certificate of
Sufficiency
2. Exhibit A — ROV's Certificate of Verification
3. Exhibit B — COTC's Certificate of Sufficiency
4. Ordinance Repealing Ordinance No. NS-2980
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EXHIBIT 1
RESOLUTION NO.2020-OXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING THE CERTIFICATE AS TO
VERIFICATION OF SIGNATURES ON PETITION AND
CERTIFICATE OF SUFFICIENCY FOR REFERENDUM
PETITION AGAINST ORDINANCE NO. NS-2980
WHEREAS, on February 24, 2020, the Referendum Petition against Ordinance
No. NS-2980 was filed with the Clerk of the Council; and
WHEREAS, pursuant to Elections Code section 9237, a referendum petition must
be signed by at least ten percent (10%) of the registered voters in the City based upon
the County Election Official's last official report of registration to the Secretary of State;
and
WHEREAS, according the current Secretary of State report (dated January 7,
2020) at the time the Referendum Petition was filed, Santa Ana had 109,093 registered
voters, and therefore, the number of verified signatures required was 10,909 for the
petition; and
WHEREAS, after a prima facie review of signatures, the Clerk of the Council
determined that the Referendum Petition did, in fact, contain the minimum number of
signatures, and, thereafter, provided the Referendum Petition to the County of Orange
Registrar of Voters for examination and verification of signatures on February 25, 2020;
and
WHEREAS, on April 6, 2020, the County of Orange Registrar of Voters provided
a certificate as to verification of signatures on petition for the Referendum Petition against
Ordinance No. NS-2980, attached as Exhibit A; and
WHEREAS, based upon the certificate as to verification of signatures from the
County of Orange Registrar of Voters, the Clerk of the Council issued a certificate of
sufficiency for the Referendum Petition against Ordinance No. NS-2980, attached as
Exhibit B.
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 that the City Council hereby accepts the certificate as to
verification of signatures on petition from the Orange County Registrar of Voters on
the Referendum Petition against Ordinance No. NS-2980 and accepts the Clerk of the
Council's certificate of sufficiency.
Resolution 2020-XXX
Pagel of 2
Section 2. 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 21st day of April, 2020.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By: 'Team- A.
Laura A. Rossini
Acting Chief Assistant City Attorney
AYES:
Councilmembers
NOES: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached
Resolution No. 2020-OXX to be the original resolution adopted by the City Council of the
City of Santa Ana on April 21, 2020.
Date
Daisy Gomez
Clerk of the Council
City of Santa Ana
#35555v2 Resolution 2020-XXX
50A-5 Page 2 of 2
EXHIBIT A
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
referendum petition submitted to the City of Santa Ana entitled 'Referendum
Petition of Ordinance No. NS-2980".
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures filed: 19,160
Number of signatures required: 10,909
Number of signatures verified: 15,666
Number of signatures found valid: 10,912
Number of signatures found invalid: 4,754
Invalid because of Duplicate: 456
WITNESS my hand and Official Seal this 6th day of April, 2020.
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IFO� Orange
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EXHIBIT B
CERTIFICATE OF SUFFICIENCY OF REFERENDUM PETITION
I, Daisy Gomez, Clerk of the Council for the City of Santa Ana, County of Orange, State of
California, do hereby certify:
That proponent filed with my office on February 24, 2020 a Referendum Petition against
Ordinance No. NS-2980. The Petition was delivered to the Orange County Registrar of Voters on
February 25, 2020 to verify the signatures.
That said Petition consisted of 680 sections, and that each section contains total signatures
purporting to be 19,160 signatures of qualified electors of the City of Santa Ana, California. The
Petition is considered sufficient to qualify if signed by at least 10% of the 109,093 registered voters in
the City of Santa Ana.
That attached to said Petition at the time it was filed, was an affidavit purporting to be the
affidavit of the person who solicited the signatures, and containing the dates between January 24,
2020 through February 22, 2020 which the purported qualified electors signed this Petition.
That the affiant stated his or her own qualification, that he or she had solicited the signatures
upon that Section, that all of the signatures were made in his or her presence, and that to the best of
his or her own information and belief, each signature to that section was the genuine signature of the
person whose name it purports to be.
That the Registrar of Voters of the County of Orange has certified the results attached hereto
as Exhibit A and incorporated by reference the signature verification of the following facts regarding
this Petition:
Total number of signatures filed:
19,160
Total number of signatures required by law:
10,909
Total number of signatures verified (reviewed):
15,666
Total number of valid (good) signatures:
10,912
Number of signatures which were invalid (disqualified):
4,754
Based on this examination and in accordance with Elections Code Section 9240, 1 hereby
certify the Referendum Petition as sufficient to qualify it for the ballot should the City Council choose
not to repeal the challenged portions of the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Santa Ana this 13'h day of April, 2020.
Daisy Gomez
Clerk of the Council
City of Santa Ana
50A-7
EXHIBIT 2
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTAANA, CALIFORNIA, REPEALING ORDINANCE NO.
NS-2980 APPROVING AMENDMENT APPLICATION NO.
2018-10 REZONING THE PROPERTY LOCATED AT 2525
NORTH MAIN STREET FROM PROFESSIONAL (P) TO
SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-
10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93
(SD-93) FOR SAID PROPERTY
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
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Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. WHEREAS, on January 21, 2020, the City Council of the City of Santa
Ana approved Amendment Application No. 2018-10 with AC 2525 Main
("Applicant"), LLC by Ordinance No. NS-2980, approving the Addington
Multi -Family Residential Project ("Project"), to be constructed on
property located at 2525 North Main Street in Santa Ana, California
("Project Site"); and
B. WHEREAS, the Project entails, among other things, (1) demolition of the
existing 81,172 square foot vacant two-story office building and 442-
space surface parking lot on the Project Site; (2) redevelopment of the
5.93-acre site with 444,534 square feet of total development, including
277,281 square feet of residential buildings that would provide 256 for -
rent multi -family residential units and a 167,253 square foot central
parking structure and a 284 space surface level parking lot with
residential and commercial parking; (3) a Development Agreement No.
2018-01 between the City of Santa Ana ("City") and Applicant; (4) a
General Plan Amendment No. 2018-06, which would change the Project
Site's existing land use designation of Professional & Administration
Office (PAO) to District Center (DC); and (5) an Amendment Application
No. 2018-10, which would change the zoning of the Project Site from
Professional (P) to Specific Development No. 93 (SD-93) designation;
and
C. WHEREAS, on February 24, 2020, proponent, Dale Helvig submitted
a referendum petition to the Clerk of the Council's Office containing
approximately 19,160 signatures seeking to require the City Council to
reconsider Ordinance No. NS-2980; and
Ordinance No. NS-XXXX
Page 1 of 3
y 1 m •
D. WHEREAS, Ordinance No. NS-2980 is a legislative act which is
subject to referendum pursuant to the provisions of the California
Constitution, the Santa Ana City Charter, and the Elections Code of the
State of California; and
E. WHEREAS, the City Elections Official heretofore delivered her
certificate of sufficiency to the City Council finding and determining that
said referendum petition contained the requisite number of valid
signatures to require the City Council to reconsider Ordinance No.
NS-2980 pursuant to Section 9240 and 9114 of the Elections Code of
the State of California; and
F. WHEREAS, based upon the certification of said referendum petition, the
effective date of Ordinance No. NS-2980 was suspended and the City
Council was required to reconsider Ordinance No. NS-2980 pursuant
to Sections 9237 and 9241 of the Elections Code of the State of
California; and
G. WHEREAS, in accordance with the referendum petition and the
provisions of Section 9241 of the Elections Code of the State of
California, the City Council desires to repeal Ordinance No. NS-2980.
SECTION 2. The Santa Ana City Council hereby finds, determines and
declares that Ordinance No. NS-2980 is hereby, repealed in its entirety and
shall be of no further force or effect.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion
of this ordinance for any reason is held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase, or
portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this day of , 2020.
Miguel A. Pulido
Mayor
Ordinance No. NS-XXXX
Page 2 of 3
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/_1» 061 I IM-Ma CO 161 V d41
Sonia R. Carvalho
City Attorney
By: A. R�
Laura A. Rossini
Acting Chief Assistant City Attorney
AYES Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council do hereby attest to and certify the attached Ordinance
NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana
on .2020.
Date
Ordinance No. NS-XXXX
Page 3 of 3
Daisy Gomez
Clerk of the Council
City of Santa Ana
50A-10