HomeMy WebLinkAbout21 - Museum House ReferendumFebruary 14, 2017
Agenda Item No. 21
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Leilani I. Brown, City Clerk - 949-644-3005,
(brown@newportbeachca.gov
PREPARED BY: Leilani I. Brown, City Clerk
TITLE: Certification of Petition for Referendum of Resolution No. 2016-127
Relating to the Museum House Residential Project
ABSTRACT:
On December 21, 2016, the community group Line in the Sand filed a referendum petition
with the City of Newport Beach (City) relating to City Council Resolution No. 2016-127.
Resolution No. 2016-127 approved a General Plan Amendment and certain California
Environmental Quality Act (CEQA) documents for the Museum House Residential
Project. My office, with the assistance of the Orange County Registrar of Voters, has
certified the adequacy of the signatures on the petition.
RECOMMENDATION:
a) Determine this action is exempt from the CEQA pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in
the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly; and
b) Receive and file the Orange County Registrar of Voters Certificate as to Verification
of Signatures on Petition.
FUNDING REQUIREMENTS:
The current adopted election budget has sufficient funding to cover the cost of verifying
the signatures in the petition referendum.
DISCUSSION:
On November 29, 2016, the City Council approved Resolution No. 2016-127, which
approved General Plan Amendment No. GP2015-001 which changed the land use
designation for property located at 850 San Clemente Drive from Private Institutional (PI)
to Multi -Unit Residential (RM -100) and adopted CEQA facts and findings and a statement
of overriding considerations for the Museum House Residential Project.
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Certification of Petition for Referendum of Resolution No. 2016-127
Relating to the Museum House Residential Project
February 14, 2017
Page 2
Following the approval of Resolution No. 2016-127, the community group Line in the Sand
circulated a referendum petition challenging the resolution. On December 21, 2016, the
referendum petition was submitted to the City. In accordance with the City Charter and
California Elections Code, the City Clerk received and examined the referendum petition.
Following a prima facie examination of the petition as required by law, the City Clerk
determined the petition contained the requisite number of signatures of electors of the
City and forwarded the petitions to the Orange County Registrar of Voters for signature
verification. On January 25, 2017, the Orange County Registrar of Voters confirmed that
the petition contained the requisite number of valid signatures of electors of the City of
Newport Beach to qualify the petition for an election and has certified the results
(Attachment A).
The effect of the certification is that the effective date of Resolution No. 2016-127
(General Plan Amendment No. GP2015-001) is suspended.
Recently, the Orange County Museum of Art (OCMA) initiated litigation against the City
alleging defects in the referendum petition. At the time of the writing of this staff report,
the City has not been served with OCMA's lawsuit nor has a hearing been scheduled by
the court. Based upon this recent court filing, outside counsel advises to temporarily
refrain from any decisions involving Resolution No. 2016-127 at this time. This temporary
delay will allow outside counsel an opportunity to review the allegations in the lawsuit and
provide timely legal advice. The City Council may be required in the near future to make
a decision regarding Resolution No. 2016-127, which decision may involve either -
1 .
ither:1. Repealing Resolution No. 2016-127 and other related approvals and actions; or
2. Submitting Resolution No. 2016-127 to a vote of the electorate either at (a) the next
General Municipal Election (November 6, 2018), or (b) a Special Election ordered for
such purpose and held at least 88 days after the date of such order (Elections Code
Section 9241).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the CEQA pursuant to
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
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Certification of Petition for Referendum of Resolution No. 2016-127
Relating to the Museum House Residential Project
February 14, 2017
Page 3
ATTACHMENT:
Attachment A - Certificate as to Verification of Signatures on Petition
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ATTACHMENT 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 Newport Beach entitled "Referendum
Against An Ordinance Passed by the City Council: Referendum Against
Resolution 2016-127"
I further certify that from said examination I have determined the following
facts regarding this document:
Number of signatures filed:
13,788
Number of signatures required:
5,619
Number of signatures verified:
6,584`
Number of signatures found valid:
5,619
Number of signatures found invalid:
965
Invalid because of Duplicate: 007
WITNESS my hand and Official Seal this 25th day of January, 2017.
KEL
Regis
Itrarr oters
Orange County
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