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Home My WebLink About55D - OBP SIGNATURE VERIFY CITY COUNCIL MEETING DATE: A ~ REQUEST FOR COUNCIL ACTION CLERK OF COUNCIL USE ONLY: SEPTEMBER 7, 2004 TITLE: APPROVED D As Recommended D As Amended D Ordinance on 1st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For RESOLUTION AUTHORIZING THE CLERK OF THE COUNCIL TO REIMBURSE THE COUNTY OF ORANGE, REGISTRAR OF VOTERS FOR PETITION SIGNATURE VERIFICATION SERVICES f2/f;tZ-- CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the Clerk of the Council to reimburse the County of Orange Registrar of Voters for petition signature verification services. DISCUSSION On September 1, 2004, proponents of the referendum petition against Ordinance NS-2649 (One Broadway Plaza) submitted five hundred and fifteen(515) petition sections. Following a prima facie count, the Clerk of the Council's staff determined that the petition contained 12,718 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 referendum is 84,753. The minimum number of signatures needed to qualify the petition at 10% is 8,475. Since it was determined that the proponents of the referendum 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 September 3, 2004 to conduct a random sample of 500 signatures. Pursuant to Elections Code Section 9114, the Registrar of Voters must complete the verification process within thirty working days following September 1, 2004. 55D Referendum Petition September 7, 2004 Page 2 The Ci ty has been informed by the Registrar of the Voters that the charge for signature verification is $3.40 per signature. A full count of the petition would cost approximately $29,000, while a random count will cost approximately $1,700. These costs are paid by the City. 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 September 1, 2004. 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 $35,000. FISCAL IMPACT Funds are available in the Clerk of the Council Other Contractual Services Account (Account No. 11-021-6291) APPROVED AS TO FUNDS AND ACCOUNTS: f¿nV/l. {¿~~ Rod R. Coloma Executive Director Finance & Mgmt Services Agency 55D (JWF 9/03/04) RESOLUTION NO. 2004-075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CLERK OF THE COUNCIL TO REIMBURSE THE COUNTY OF ORANGE FOR PETITION SIGNATURE VERIFICATION SERVICES RELATED TO THE REFERENDUM PETITION FOR THE ONE BROADWAY PLAZA PROJECT. 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 September 1, 2004, referendum petitions were received by the Clerk of the Council, as Elections Official, regarding Ordinance NS-2649 (The One Broadway Plaza project). B. On September 1, 2004, the Clerk of the Council determined, prima facie, that the petitions contained 12,718 signatures, which exceeded the 8,475 needed; sufficient for official filing of the petition and requiring formal signature verification by the Orange County Registrar of Voters (Registrar). C. Pursuant to Elections Code Sections 9114, the Registrar must complete the verification process within 30 working days following September 1, 2004, 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 a full count will be approximately $29,000, 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 1100/0 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 September 1, 2004. 55D Resolution No. 2004-XXX Page 1 of 3 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 $35,000. 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 ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2004-XXX Page 2 of 3 55D CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-075 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 55D Resolution No. 2004-XXX Page 3 of 3 CITY OF SANTA ANA ADJOURNED REGULAR MEETING 5:30 P.M. TUESDAY, SEPTEMBER 7,2004 City Hall, 8th Floor, Room 831 CALL TO ORDER Mayor PULIDO Councilmembers ALVAREZ, BIST, CHRISTY, FRANKLIN, GARCIA, SOLORIO City Manager, City Attorney, Clerk of the Council CLOSED SESSION CALENDAR The Brown Act permits the City Council to discuss certain matters without members of the public present, provided the items to be discussed are posted 72 hours prior to the City Council meeting. The following items were received for the September 7, 2004 Closed Session. 95.A. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a) and Public Employee Performance Evaluation pursuant to Government Code 54956.95 City Attorney 95.B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Joe Vasquez vs. the City of Santa Ana, Case Numbers AHM 109690; 109691; 109692; 109693. Karl Seilby vs. the City of Santa Ana Claim# 03-2758, WCAB# AHM 0107601 City of Huntington Beach v. Huntington Beach Police Officer's Association and related counterclaims and third party claims United States District Court Case No.: SACV01-1125 JVS (Anx) Juan Diaz v. City of Santa Ana Orange County Superior Court Case No.: 03CC05438 Raul Quintero v. City of Santa Ana Orange County Superior Court Case No.: 01 CC01326 ADJOURNED REGULAR MEETING 1 SEPTEMBER 7, 2004 95.C. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Employee Organization: Personnel Services Executive Director Henry Alva and Employee Relations Manager Kathie Romero Santa Ana Police Officers' Association Firemen's Benevolent Association Santa Ana Service Employees International Union Santa Ana Management Association Police Management Association CLOSED SESSION REPORT The City Attorney will report on any actions to be taken at the Regular Meeting which will begin at 6:00 p.m. or as soon as possible thereafter in the City Council Chambers, 22 Civic Center Plaza ADJOURNMENT ADJOURNED REGULAR MEETING 2 SEPTEMBER 7, 2004