RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ORDERING THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY A MEASURE TO AMEND THE
WATSONVILLE 2005 GENERAL PLAN TO IMPOSE CERTAIN
RESTRICTIONS ON SUBSEQUENT AMENDMENTS AS PROVIDED IN
THE WATSONVILLE PLANNED GROWTH AND FARMLAND
PROTECTION INITIATIVE; REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SANTA CRUZ TO CONSOLIDATE
THE ELECTION REGARDING THE INITIATIVE WITH THE NOVEMBER 8, 2022 GENERAL ELECTION AND TO PERMIT THE SANTA CRUZ
COUNTY DEPARTMENT OF ELECTIONS TO CONDUCT SAID
ELECTION; DIRECTING THE CITY CLERK TO TAKE ALL NECESSARY
ACTIONS AND COORDINATE WITH THE COUNTY OF SANTA CRUZ
TO ENSURE PLACEMENT OF THE INITIATIVE ON THE NOVEMBER 8, 2022 BALLOT; AUTHORIZING THE CITY MANAGER TO REIMBURSE
THE COUNTY OF SANTA CRUZ FOR COSTS TO CONDUCT THE
ELECTION; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, an initiative measure, entitled the Watsonville Planned Growth and Farmland Protection Initiative (“Initiative”) has been circulated for placement on the ballot in the City; and
WHEREAS, the signed initiative petition sections have been submitted, and the City Clerk, with the assistance of the Santa Cruz County Department of Elections, has examined the records of registration and ascertained that the petition is signed by the requisite number of voters to qualify for the ballot, and has so certified; and
WHEREAS, pursuant to Elections Code Section 9215, the City Council ordered an Elections Code Section 9212 Report of the proposed measure’s impacts of the City at its meeting on February 8, 2022; and WHEREAS, the City Council is authorized and directed by Elections Code Section 9215 to submit the Initiative to the voters; and
WHEREAS, the City Council desires to consolidate the election of the Initiative with the Statewide General Election to be held on November 8, 2022; and WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city or district may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election, subject to the city or district reimbursing the county in full for the services performed upon presentation of a bill to the city or district; and WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election.
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF WATSONVILLE DOES HEREBY DETERMINE AS FOLLOWS:
SECTION 1. Pursuant to Elections Code Sections 9215 and 1405, the City Council hereby calls for an election at which it shall submit to the qualified voters of the City a measure, that if approved by the majority of voters voting in the election, would amend provisions of the Watsonville General Plan as provided in the Watsonville Planned Growth and Farmland Protection Initiative (“Initiative”), attached hereto as Exhibit A. The election shall be held in the City on November 8, 2022.
SECTION 2. Pursuant to Elections Code Sections 10400 and 10403, the City Council hereby orders an election be called and consolidated with any and all elections also called to be held on November 8, 2022 within the same territory. Further, pursuant to Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of the County of Santa Cruz to consolidate the election regarding the Initiative with the November 8, 2022 general election and to permit the Santa Cruz County Elections Department to provide any and all services necessary for conducting an election regarding the Initiative. The County of Santa Cruz and its staff are authorized and instructed to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and other necessary items in order to properly and lawfully conduct the election; the County of Santa Cruz is authorized to canvass the returns of the election, which shall be held in all respects as if there were only one election, and only one form of ballot shall be used; and the City Council recognizes that additional cost will be incurred by the County of Santa Cruz by reason of the consolidation of the election regarding the Initiative with the Statewide election and agrees to reimburse the County of
Santa Cruz for any costs that are not reimbursed by the State, and the City Council hereby authorizes the City Manager to pay the County of Santa Cruz for said services in full.
SECTION 3. The City Council hereby orders the City Clerk and the Santa Cruz County Department of Elections to submit the following question to the electorate at the November 8, 2022 election:
Ballot Question:
Shall the City of Watsonville amend provisions of the Watsonville General Plan as provided in the Watsonville Planned Growth and Farmland Protection Initiative? Yes ______ No _______
SECTION 4. The City Council hereby orders that the Santa Cruz County Department of Elections print the full text of the Initiative attached hereto as Exhibit A exactly as filed or indicated on the filed document in the voter information guide for the November 8, 2022 election.
SECTION 5. The City Council hereby directs the City Clerk to (i) publish a notice of elections and synopsis of the measure as required by Elections Code Section 12111; (ii) file certified copies of this resolution, including the Initiative, with the County of Santa Cruz and take other necessary actions to ensure the placement of the Initiative on the November 8, 2022 ballot; and (iii) coordinate with the County of Santa Cruz and take all necessary actions to oversee and certify the November 8, 2022 election process as required by the Elections Code.
SECTION 6. In accordance with California Elections Code Section 9280, the City Council directs the City Clerk to transmit a copy of the Initiative to the City Attorney, who shall prepare an impartial analysis showing the effect of the Initiative on the existing law and the operation of the Initiative; the City Attorney’s impartial analysis may not exceed
500 words and shall be filed with the City Clerk no later than 5:00 p.m. on August 19, 2022.
SECTION 7. The 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 8. For purposes of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.), a “project” is defined in State CEQA Guidelines Section 15378 (a) as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment,” but excludes “the submittal of proposals to a vote of the people of . . . a particular community that that not involve a public agency sponsored initiative.” (14 CCR 1378(b)(3); Stein v. City of Santa Monica (1980) 110 Cal. App. 3d 458; Friends of Sierra Madre v. City of Sierra Madre (2011) 25 Cal. 4th 165.) The City Council hereby finds that, as a citizen-sponsored initiative, this Initiative is exempt from CEQA under CEQA Guidelines Section 15378(b)(3).
SECTION 9. In all particulars not recited in this resolution, the election shall be held and conducted as provided by the City of Watsonville Charter and other law for holding municipal elections.
SECTION 10. This Resolution shall take effect upon its adoption. ***************************
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WATSONVILLE PLANNED
GROWTH & FARMLAND
PROTECTION INITIATIVE
March 8, 2022
COUNCIL ACTION
Elec. Code Section 9215
(a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. (b) Submit the ordinance, without alteration, to the voters pursuant to Section 1405.
(c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b).
Elec. Code Section 9215
(a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. (b) Submit the ordinance, without alteration, to the voters pursuant to Section 1405.
(c) Order a report pursuant to Section 9212 at the regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b).
ELECTION CODE SECTION 1405
(a) Except as provided in subdivision (b), the election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9310 shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election. (b) The governing body of a county, city, or district may call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear on the ballot pursuant to subdivision (a). If the governing body calls a special election pursuant to this subdivision, the election shall be held not less than 88 days nor more than 103 days after the order of the election. (a) Except as provided in subdivision (b), the election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9310 shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election. (b) The governing body of a county, city, or district may call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear on the ballot pursuant to subdivision (a). If the governing body calls a special election pursuant to this subdivision, the election shall be held not less than 88 days nor more than 103 days after the order of the election.
ARGUMENT (E.C. 9282)
If Council considers the June 7 election, the Council will need to decide if it wants to write an argument against the measure pursuant to Election Code Section 9282
(a) For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.
The Council will need to write and or approve the argument at its March 14, 2022, Special Council Meeting
If Council considers the June 7 election, the Council will need to decide if it wants to write an argument against the measure pursuant to Election Code Section 9282
(a) For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance.
The Council will need to write and or approve the argument at its March 14, 2022, Special Council Meeting
FINANCIAL IMPACT
November 8, 2022, Election
No cost. $80,000 have been appropriated in the budget
June 7, 2022, Election
From $65,562 to $131,124 (21,854 registered voters by $3 to $6 per voter)
November 8, 2022, Election
No cost. $80,000 have been appropriated in the budget
June 7, 2022, Election
From $65,562 to $131,124 (21,854 registered voters by $3 to $6 per voter)
RECOMMENDATION
Adopt a resolution either calling/ordering an election on:
June 7, 2022
or
November 8, 2022
Adopt a resolution either calling/ordering an election on:
June 7, 2022
or
November 8, 2022