07/5/16 Page 1 Item #1 CITY OF DANA POINT AGENDA REPORT Reviewed By: DH _X_ CM _X_ CA _X_ DATE: JULY 5, 2016 TO: FROM: CITY MANAGER/CITY COUNCIL KATHY M. WARD, CITY CLERK SUBJECT: RESOLUTION CERTIFYING THE RESULTS OF THE JUNE 7, 2016 SPECIAL MUNICIPAL ELECTION RECOMMENDED ACTION: That the City Council adopt a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 7, 2016, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW DISCUSSION: On December 1, 2015, the City Council adopted Resolution Nos. 15-12-01-02 and 15-12- 01-03 calling a Special Municipal Election to be consolidated with the Presidential Primary on Tuesday, June 7, 2016 for the purpose of submitting a citizens initiative, entitled 2015 Town Center Initiative. On February 2, 2016, the City Council adopted Resolution No. 16-02-02-02 calling a Special Municipal Election to be consolidated with the Presidential Primary on Tuesday, June 7, 2016 for the purpose of submitting a competing measure, entitled Town Center and Public Parking Improvement Measure. The County Registrar of Voters issues a Certificate as to the Result of the Canvass of the Returns listing the results of the June 7, 2016, City of Dana Point Special Municipal Election. For the 2015 Town Center Initiative - the total number of Yes votes was 6,477 (58.7%) and the total number of No votes was 4,557 (41.3%). For the Town Center and Public Parking Improvement Measure the total number of Yes votes was 4,561 (41.4%) and the total number of No votes was 6,449 (58.6%). The total ballots cast for the June 7, 2016 Special Municipal Election was 11,868. It is now required that the City Council declare the result of the election by the adoption of the attached Resolution and direct City staff to prepare an amendment to the Local Coastal Program.
07/5/16 Page 2 Item #1 FISCAL IMPACT: A total of $58,500 was budgeted for the 2016 Special Municipal Election; the Registrar of Voters estimates an additional $7,026 for additional printing costs for a total of $65,526. ACTION DOCUMENT: Page No. A. Resolution 3 SUPPORTING DOCUMENT: B. Certification of Special Municipal Election Returns on June 7, 2016. 7 C. 2015 Town Center Initiative (hard copy provided)..17
07/5/16 Page 3 Item #1 RESOLUTION NO. 16-07-05-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 7, 2016, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW Action Document A WHEREAS, a Special Municipal Election was held and conducted in the City of Dana Point, California, on Tuesday, June 7, 2016, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution Nos. 15-12-01-02 and 16-02-02-02, the County Election Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Supporting Document B. WHEREAS, two measures were voted upon at the election, Measure H and Measure I; and WHEREAS, Measure H, which proposes changes to the Town Center Plan previously approved by the City Council and certified by the California Coastal Commission, was adopted by the voters in that it received a majority of the votes cast in the election; and WHEREAS, the Town Center Plan is Appendix E to the Dana Point Zoning Code (the DPZC ); and ( LCP ); and WHEREAS, the DPZC is part of Dana Point s certified Local Coastal Program WHEREAS, to implement Measure H, an amendment to Dana Point s LCP is necessary, and for such an amendment to occur a Local Coastal Program Amendment must be presented to the California Coastal Commission for certification; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
07/5/16 Page 4 Item #1 MEASURE H 2015 TOWN CENTER INITIATIVE: SECTION 1: That the total number of ballots cast was 11,868. SECTION 2: That the measure voted upon at the election is as follows: Measure H 2015 Town Center Initiative Shall the 2015 Town Center Initiative, which changes the Town Center Plan previously approved by the City Council and by the California Coastal Commission, as well as the amendments thereto approved by the City Council in 2015, be adopted? SECTION 3: That the number of votes for Measure H was 6,477 and against Measure H was 4,557 as listed on Supporting Document B. MEASURE I TOWN CENTER AND PUBLIC PARKING IMPROVEMENT MEASURE SECTION 4: That the total number of ballots cast was 11,868. SECTION 5: That the measure voted upon at the election is as follows: Measure I Town Center and Public Parking Improvement Measure Shall the Town Center and Public Parking Improvement Measure, which ratifies the Town Center Plan previously approved by the City Council and by the California Coastal Commission, as well as the amendments thereto approved by the City Council in 2015, be adopted? SECTION 6: That the number of votes for Measure I was 4,561 and against Measure I was 6,449 as listed on Supporting Document B. SECTION 7: The City Council does declare and determine that as a result of the election, a majority of the voters voting on Measures H (2015 Town Center Initiative) and Measure I (Town Center and Public Parking Improvement Measure), voted in favor of Measure H 2015 Town Center Initiative. SECTION 8: The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election, showing: (1) The total number of votes (ballots) cast in the City; (2) The measure(s) voted upon; and (3) The total number of votes given for and against each measure.
07/5/16 Page 5 Item #1 SECTION 9: That the local legislative process to amend the LCP has been satisfied through the election process and; therefore, the proposed amendments to the Town Center Plan in accordance with the language/ text of Measure H 2015 Town Center Initiative shall have the same standing as if approved by the City Council through the process outlined in Section 9.61.080(e) of the DPZC. SECTION 10: That the Director of Community of Development shall prepare and submit a Local Coastal Program Amendment to the California Coastal Commission for review and approval to amend the Town Center Plan in accordance with the language/text of Measure H - 2015 Town Center Initiative as listed on Supporting Document C. SECTION 11: That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 5 th day of July, 2016. JOHN A. TOMLINSON Mayor ATTEST: KATHY M. WARD City Clerk
07/5/16 Page 6 Item #1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF DANA POINT ) I, KATHY M. WARD, City Clerk of the City of Dana Point, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 16-07-05-01 adopted by the City Council of the City of Dana Point, California, at a regular meeting thereof held on the 5 th day of July, 2016, by the following vote: AYES: NOES: ABSENT: (SEAL) KATHY M. WARD CITY CLERK
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