HomeMy WebLinkAbout2015-08-25; City Council; Resolution 2015-222EXHIBIT 2
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RESOLUTION NO. 2015-222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, IMMEDIATELY ORDERING A SPECIAL ELECTION, TO
BE HELD PURSUANT TO SUBDIVISION (A) OF ELECTIONS CODE
SECTION 1405, AT WHICH TIME THE ORDINANCE PRISING THE
ADOPTION OF THE AGUA HEDIONDA SOUTH J^RE SPECIFIC
PLAN, WITHOUT ALTERATION, SHALL BE SUBWiTTTED TO A VOTE
OF THE VOTERS OF THE CITY OF CARLSBAD
WHEREAS, on May 12, 2015, Edmond W. Dominquez, Maureen Simons, and
Carlton Lund (Proponents), representing "PrejCrving Carlsbad Open Space The Right Way"
submitted to the City Clerk's office a Notj^ of Inte
initiative measure for the purpose o^roposin^o tneWoters of Caiisbad the enactment of
the Agua Hedionda South Shor^pecific Plai^for 85% O
Hedionda 85/15 Specific Plan^iitiative), and.
WHEREAS, on Ma/l2, 2015
Environmental Analyst report whi
evaluation, and.
Petition for a citizen-led
ace and 15% Retail (Agua
onents also voluntarily submitted an extensive
twenty-five technical areas of analysis and
WHERyTs, on May 19, V)15, the City Council adopted Resolution No. 2015-127
authorizing/he citystaff to initiateVhe preparation of a report pursuant to Elections Code
9212 (9/12 report) for the Agua South Shore Specific Plan Initiative Measure; and.
WHEREAS, on May 26, 2015, the initiative proponents received the Ballot Title and
Sj^mary written by the City Attorney, which titled the initiative as "The Agua Hedionda
South Shore Specific Plan"; and,
WHEREAS, the Ballot Title and Summary were published, along with the Notice of
Intent, in The San Diego Union-Tribune newspaper (May 28, 2015) and the Coast News
newspaper (May 29, 2015) and posted in five (5) public places in the City of Carlsbad where
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the city regularly posts public notices (May 28, 2015) and a proof of ^blication was
delivered to the City Clerk on May 29, 2015; and,
WHEREAS, the initiative petition was circulated for signatujji^ and was filed with the
Carlsbad City Clerk on July 8, 2015, with 20,479 signatures; anc
WHEREAS, the City Clerk completed a prima facie yeview ofthe petition and delivered
the petition to the County of San Diego Registrar of V^ers on July 8, 2015; and,
WHEREAS, per the Elections Code, the Qounty of San Diego Registrar of Voters had
up to thirty working-days, or until August 18^2015, tQ^^5<amineTrTNfiled petition and from
the records of voter registration ascert^f^^vhether or no^S^)etitio)l was signed by the
requisite number of registered voters in the City of Carlsned; and,
WHEREAS, the 9212 Reporter the Agua Hedionda Sooth Shore Specific Plan Initiative
Measure was completed by citystaff and m
public on August 7, 2015; aiifl.
WHEREAS, on AiJgust
to the City Council and the general
Voters completed its review and
delivered a certificataf of the results^-to me Canjsbad City Clerk. The certification indicated
that the Registrar/f Voters had verified the petition as sufficient under the provisions of
Elections Code alection 9211, and that it was signed by not less than 15% of the registered
voters of the/ity pursuant to Elections Code section 9214. The Elections Code provides that
the City Clerk shall certify the results ofthe review ofthe Registrar of Voters examination to
the City Council at its next regular meeting; and,
WHEREAS, on August 18, 2015, at the next regularly scheduled City Council meeting
after receipt by the Carlsbad City Clerk of the Registrar of Voters sufficiency certificate, the
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City Council adopted Resolution No. 2015-208 certifying the results ofthe Registrar of Voters
sufficiency examination on the petition filed forthe Agua Hedionjle South Shore Specific Plan
Initiative Measure; and,
WHEREAS, at the regularly scheduled k\^s\ 25, 2015, City Council meeting,
the City Council received a presentation on the 92yrReport prepared for the Agua Hedionda
South Shore Specific Plan Initiative Measure; an^H,
WHEREAS, the City CouncilyR authorized by Elections Code section 9214 to
immediately order a special election, to^e held pursuant to subdivision (a) of Elections Code
Section 1405, at which time theiOrdinance'proposr^ the Agum Hedionda South Shore
Specific Plan, without alteratioX shall be submitted to a vN« q/the voters of the City of
Carlsbad.
NOW, THEREFOBE, BE IT RESOL
California, as follows
SECTION 1. That th^bove\ecita/ons are true and correct.
rSECTlON
the Ciry Council of the City of Carlsbad,
ant to the requirements of laws of the State of
California^here is called and ordered to be held in the City of Carlsbad, California, on
Tuesda/ _, 2015, a Special Municipal Election for the purpose of submitting the
following question:
Shall the ordinance proposing the adoption ofthe Agua
Hedionda South Short Specific Plan be adopted?
Yes •
No •
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SECTION 3. That the complete text of the ordinance subm\tted to the voters
is incorporated herein by reference. Said Ordinance shall be on filj^ith the City Clerk and a
copy shall be forwarded, at no cost, to any voter requesting full text of the Ordinance,
pursuant to Elections Code 9280.
SECTION 4. That the ballots to be us/& at the election shall be in form and
content as required by law.
SECTION 5. That the City ClejXis authorized, instructed and directed through
the San Diego County Registrar of Vote* to procun
notices, printed matter and all supplies, equipment and parapher
in orderto properly and lawfull^onductthe election
SECTION 6: l/at the city shall
reasonable and actual ej/ction services perf
presentation to the Cj/y of a properly appipved
all official ballots.
t may be necessary
rse theXpunty Registrar of Voters for
the work is completed and upon
SEC/TON 7: That the polls sh\l be open on the day of election between the
hours that the /overn'mg body detenSiijfis, bu\iot less than eight consecutive hours. The
hours of opa|ning and closing the polls shall be spfbified in the notice of election, or shall
otherwise^e the same as provided for general elections. Before the precinct board receives
any baUlots, it shall cause it to be proclaimed aloud at the place of election that the polls are
oper/ pursuant to Election Code Section 10242, except as provided in Election Code Section
14401.
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SECTION 8: That in all particulars not recited in this resolution, the election
shall be held and conducted as provided by law for holdjng municipal elections.
SECTION 9: That notice ofthe timeirid place of holding the election is given
and the City Clerk is authorized, instructed anc^irected to give further or additional notice
ofthe election, in time, form and manner a^equired by law.
SECTION 10: That the Citf Clerk shall certify to the passage and adoption of
this resolution and enter it into the bqok of original resolutions
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the day of , , by the following vote to wit:
AYES:
NOES
ABSENT
Council Members