HomeMy WebLinkAbout2015-11-17; City Council; Resolution 2015-2932
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RESOLUTION NO. 2015-293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, IMMEDIATELY ORDERING A SPECIAL ELECTION TO BE
HELD PURSUANT TO ELECTIONS CODE SECTIONS 1410 AND 9237
ON TUESDAY, FEBRUARY 23, 2016, A DATE SET BY THE CITY
COUNCIL THAT IS MORE THAN 88 DAYS FROM THE DATE OF THE
ORDER TO HOLD A SPECIAL ELECTION PURSUANT TO ELECTIONS
CODE SECTION 9241, AT WHICH TIME ORDINANCE NO. CS-283
ADOPTING THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN
SHALL BE SUBMITTED TO A VOTE OF THE REGISTERED VOTERS OF
THE CITY OF CARLSBAD
WHEREAS, subsequent to the August 25, 2015 City Council decision to adopt the Agua
Hedionda South Shore Specific Plan (Ordinance No. CS-283 ("Ordinance")), a citizen-led
referendum petition was initiated. The referendum petition is entitled, "Referendum against
an Ordinance Passed by the Carlsbad City Council Ordinance No. CS-283;" and
WHEREAS, the proponents of the ref,erendum, Citizens for North County, circulated
the referendum petition for signatures within the thirty days following the adoption of the
Ordinance. On September 24, 2015, the referendum petition was filed with the Carlsbad City
Clerk. The City Clerk completed a prima facie review of the petition and delivered the
petition to the San Diego County Registrar of Voters on September 25, 2015; and
WHEREAS, the County of San Diego Registrar of Voters received the filed petition
and, from the records of voter registration, reviewed it to ascertain whether the petition was
signed by the requisite number of registered voters in the City of Carlsbad. On October 27,
2015, the Registrar of Voters completed its review and delivered a ce rtificate of the results
to the Carlsbad City Clerk. The certification indicated that the Registrar of Voters had
verified the referendum petition as sufficient under the provisions of Elections Code sections
9239 and 9240, and that it was signed by at least 10% of the registered (6,523 signatures)
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
SECTION 1. That the above recitations are true and correct.
SECTION 2. That pursuant to the requirements of Elections Code Section 13120 and
other applicable provisions of the Elections Code, there is called and ordered to be held in
the City of Carlsbad, California, on Tuesday, February 23, 2016, a Special Municipal Election
for the purpose of submitting the following question:
Yes D Shall Ordinance No. CS-283 of the Carlsbad City Council
No D
adopting the Agua Hedionda South Shore Specific Plan (203.4
acres east of the 1-5 freeway between the Agua Hedionda
Lagoon and Cannon Road), which designates 21.6 acres of
additional open space, for a total of 176.7 acres of open
space for public access, preservation of natural habitat, and
agriculture, along with development of 585,000 square feet
of visitor-serving commercial uses on 26.7 acres be adopted?
SECTION 3. That the complete text of the ordinance submitted to the voters is
incorporated herein by reference. Said Ordirnance shall be on file with the City Clerk and a
copy shall be forwarded, at no cost, to any voter requesting a full text of the Ordinance,
pursuant to Elections Code 9280.
SECTION 4. That the ballots used at the election shall be in form and content as
required by law.
SECTION 5. That the City Clerk is authorized, instructed and directed through the
County of San Diego Registrar of Voters to procure and furnish any and all official ballots,