HomeMy WebLinkAbout1987-03-03; City Council; 8830-1; Hosp Grove referendumCI'QOF CARLSBAD - AGENQ3ILL
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AB« 8830-1
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HOSP GROVE REFERENDUM DEPT. HP. £tf
CITY ATTY
CITY MGR.
RECOMMENDED ACTION:
Select one of the alternatives explained below, and take the action
corresponding with that alternative.
ITEM EXPLANATION
A referendum petition was filed in the Office of the City Clerk protesting the
adoption of the following documents:
1. Resolution No. 8848, GPA/LU 86-10, which changed the Land Use Element of the
General Plan from Residential Medium High to Commercial, Office and Open
Space on property located on the west and east sides of Monroe Street, south
of Marron Road on Parcel E of the Hosp Grove Master Plan.
2. Ordinance No. 9813, which amended the zoning map to grant a change of zone
from Planned Community to Office and Commercial and Open Space on property
located on the west and east sides of Monroe Street, south of Marron Road on
Parcel E of the Hosp Grove Master Plan; and
3. Ordinance No. 9815, which amended Master Plan MP-1(A) of Hosp Grove on
property located south of defferson Street and Marron Road on both sides of
Monroe Street.
The petition was certified as to its sufficiency, and presented to the City
Council at their meeting of December 4, 1986. Since the measure concerning the
purchase of Hosp Grove had been placed on the ballot for the Special Municipal
Election being held March 3, 1987, Council continued consideration of the
referendum to March 3, 1987. Therefore, options now available to Council with
regard to that petition are as follows:
Alternative No. 1 - (If Proposition A passes) -- File the matter.
If Proposition A is approved by the voters, the City will be required to
purchase the grove. Concurrently, developers have agreed to withdraw their
applications for the General Plan Amendment, Zone Change and Master Plan
Amendment; therefore, no action on the referendum would be required.
If this alternative is available to Council, their action would be a motion to
file the matter.
Alternative No. 2 - (If Proposition A fails) -- repeal the Resolution and
Ordinances against which the petition is filed.
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Section 4055 of the Elections Code provides that Council may entirely repeal the
Resolution and Ordinances against which a referendum petition is filed.
The City Attorney has previously indicated that repeal of the documents is not a
legal option available to Council based on previous existing agreements.
88-30-3^,
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PAGE 2 OF AB #8830-1
Alternative No. 3 - (If Proposition A fails) - Call a Special Municipal Election
for June 2, 1987, and place the Resolution and Ordinances on the ballot.
Section 4055 of the Elections Code also provides that if the legislative body
does not entirely repeal the documents against which the petition is filed, the
legislative body shall submit the documents to the voters. The next available
election date is Dune 2, 1987. March 6, 1987 is the last day to call an
election for June 2nd.
If Council selects this alternative, the following documents need to be
considered:
Resolution No. P? 7 *7 > calls and gives notice of the Special Municipal
Election to be held in Carlsbad on Dune 2, 1987.
B. Resolution No. ^J"7 <f^ , requests the Board of Supervisors to conduct the
election.
C. Resolution No. fr'Gl~77 , transfers $40,000 to the City Clerk's budget to
pay for the Special Municipal Election.
D. If Council desires to designate any or all of their Members to prepare and
submit an argument concerning the measure, it would be necessary to adopt
Resolution No. F1JT& > attached. The deadline for submittal of
arguments to the City Clerks office has been established as March 13, 1987.
E. If Council desires the City to prepare an impartial analysis on the matter,
they should adopt Resolution No. f^F f The deadline for submittal of
the impartial analysis to the City Clerk's office is March 13, 1987.
EXHIBITS
1. Original Hosp Grove Referendum Agenda Bill No. 8830 submitted to Council on
December 4, 1986.
2. Resolution No. ff *} ~)'7 > calling and giving notice of a Special Municipal
Election to be held on 3une 2, 1987.
3. Resolution No. P"7 "7^ > requesting the Board of Supervisors to conduct
the election.
Resolution No. fj 7 f , transferring funds to cover the cost of the
Special Municipal Election.
5. Resolution No. ^?/*Q , authorizing Council to file a written argument.
6. Resolution No. ^*c? Pi , directing the City Attorney to prepare an
impartial analysis.