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HomeMy WebLinkAbout1987-03-03; City Council; 8830-1; Hosp Grove referendumCI'QOF CARLSBAD - AGENQ3ILL i —00 . CT\ 03 en ii s 00 en en "1 AB« 8830-1 3-3-87MTG. CLKDEPT. 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. O _J O OO 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^, ,«?»*«•, 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.