Loading...
HomeMy WebLinkAbout2015-08-18; City Council; 22057; Certification Results Voter's Sufficiency Examination, Agua Hedionda South Shore PlanCITY OF CARLSBAD - AGENDA BILL 1 CERTIFICATION OF THE RESULTS OF THE COUNTY OF SAN DIEGO REGISTRAR OF VOTER'S SUFFICIENCY EXAMINATION OF THE PETITION FILED FOR THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN DEPT. DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-208 certifying the results of the County of San Diego Registrar of Voter's sufficiency examination of the petition filed for the Agua Hedionda South Shore Specific Plan. ITEM EXPLANATION: On May 12, 2015, Edmond W. (Bill) Dominquez, Maureen Simons and Carlton Lund (Proponents) delivered a Notice of Intent to Circulate a Petition to the City of Carlsbad City Clerk for a proposed citizen-led initiative measure forthe "Agua Hedionda 85/15 Specific Plan." On May 26, 2015, the initiative proponents received the Ballot Title and Summary written by the City Attorney, which 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 the city regularly posts public notices (May 28, 2015). A proof of publication was delivered to the City Clerk on May 29, 2015. The petition was circulated for signatures and was filed with the City Clerk on July 8, 2015, with 20,479 signatures. The City Clerk completed a prima facie review ofthe petition and delivered the petition to the County of San Diego Registrar of Voters on July 8, 2015. As allowed by the Elections Code, the County of San Diego Registrar of Voters had up to 30 working-days (until August 18, 2015) to examine the filed petition and from the records of voter registration ascertain whether or not the petition was signed by the requisite number of registered voters in the City of Carlsbad. On August 13, 2015, the Registrar of Voters completed its review and delivered a certificate of the results to the Carlsbad City Clerk (Exhibit A to Resolution No. 2015-208). The certification indicates that the Registrar of Voters has verified the petition is sufficient under the provisions of Elections Code section 9211, and was signed by not less than 15% ofthe registered voters ofthe city pursuant to Elections Code section 9214. The Elections Code provides that the City Clerk shall certify the results of the review of the Registrar of Voters examination to the City Council at its next regular meeting. Resolution No. 2015-208 is provided to the City Council for consideration and adoption. (Exhibit 1) DEPARTMENT CONTACT: Shelley Collins 760-434-2808 shellev.collins@carlsbadca.gov FOR CITY CLERKS USE APPROVED ^0 CONTINUED TO DATE SPECIFIC • COUNCIL ACTION: DENIED • CONTINUEDTO DATE UNKNOWN • CONTINUED • WITHDRAWN • RETURNED TO STAFF • AMENDED • COUNCIL RECEIVED THE • REPORT/PRESENTATION OTHER-SEE MINUTES • Under the Elections Code, the City Council must meet to consider its actions on the initiative within 10 days of adopting the resolution certifying the results of the County of San Diego Registrar of Voters examination ofthe petition. At the August 25, 2015, City Council meeting, the City Council will receive a presentation on the Elections Code 9212 Report and will consider whether to adopt the initiative without alteration or to put the initiative on the ballot and call a special election, as authorized by Elections Code section 9214. FISCAL IMPACT: Due to the timing and requirements of the Elections Code, if the City Council decides to put the initiative on the ballot it would occur as a Special Election. The date ofthat special election would be determined at a future date by the County of San Diego Registrar of Voters. According to the Registrar of Voters, a stand-alone special election would cost between $450,000 and $550,000. With a stand-alone election, the city would be responsible for paying 100 percent of the cost. Election costs are typically budgeted from the General Fund in the City Clerk's Office budget. ENVIRONMENTAL IMPACT: Adoption of the resolution certifying the results of the County of San Diego Registrar of Voters sufficiency examination of the petition is not a project subject to environmental review. An Elections Code 9212 report provides the exclusive means for assessing environmental impacts of a qualified citizen initiative and the 9212 Report ordered by the City Council on the citizen-led Agua Hedionda South Shore Specific Plan initiative will be presented to the City Council at a future meeting scheduled for August 25, 2015. EXHIBITS: 1. City Council Resolution No. 2015-208, certifying the results ofthe County of San Diego Registrar of Voter's sufficiency examination of the petition filed for the Agua Hedionda South Shore Specific Plan. 1 RESOLUTION NO. 2015-208 3 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CERTIFYING THE RESULTS OF THE COUNTY OF SAN DIEGO REGISTRAR OF VOTERS SUFFICIENCY EXAMINATION OF THE 4 PETITION FILED FOR THE AGUA HEDIONDA SOUTH SHORE ^ SPECIFIC PLAN 6 WHEREAS, on July 8, 2015, The Agua Hedionda South Shore Specific Plan petition was 7 filed with the City of Carlsbad City Clerk with 20,479 signatures; 8 WHEREAS, the City of Carlsbad City Clerk completed a prima facie review ofthe petition 9 and delivered the petition to the County of San Diego Registrar of Voters on July 8, 2015, to examine the petition and from the records of voter registration ascertain whether or not the 12 petition was signed by the requisite number of registered voters in the City of Carlsbad; and ^•^ WHEREAS, on August 13, 2015, the Registrar of Voters completed its review and 14 delivered its results to the Carlsbad City Clerk, attached as Exhibit A hereto; and 15 WHEREAS, the Registrar of Voters has verified the petition is sufficient under the 16 provisions of Elections Code section 9211, and was signed by not less than 15% of the registered voters ofthe city pursuant to Elections Code section 9214 19 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 the number of registered City of Carlsbad voters is 65,221, as of a report dated February 10, 2015, from the Secretary of State. 21 22 23 24 25 SECTION 3. That the number of signatures from registered City of Carlsbad voters 26 required to qualify was 15% or 9,784. 27 28 3 17 18 19 20 23 24 25 26 27 28 is sufficient under the provisions of Elections Code section 9211, and was signed by not less than 15% ofthe registered voters ofthe city pursuant to Elections Code section 9214. SECTION 5: That the City Clerk shall certify to the passage and adoption of this 1 SECTION 4. That the County of San Diego Registrar of Voters has verified the petition 2 3 4 5 6 7 resolution and shall enter the same in the file of original resolutions 8 // // // // // 9 10 11 12 13 14 // 15 // 16 // // // // 21 // 22 // // // // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the IS*'^ day of August, 2015, bythe following vote: AYES: NOES: ABSENT: ATTEST: Barbara Engleson^ Cil^lerk .tVlllMl/,, .N\*y^^: o. 6 MICHAEL VU REGISTRAR OF VOTERS CYNTHIA L. PAES Registrar of Voters bounty Operations Center Campus '"^S'*^^ "''^"'^^ 5600 Overiand Avenue, Suite 100, San Oiego, Caltfornia 92123-1266 Telephone: (868) 565-5800 Toll-free: 1 (800)696-0136 TDD: (858)694-3441 Facsimile: (858) 694-2955 Web Address: www.sdvQte.com August 13, 2015 Barbara Engleson, City Clerk Cjty of Carlsbad 1200 Caiisbad Village Drive Carlsbad, CA 92008 Re: Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail. The "Agua Hedionda South Shore Specific Plan" was filed with the Registrar of Voters on )uly 8, 2015. As directed by your office, we have conducted a verification of 9,784 valid signatures of 20,479 signatures submitted. Results ofthe verification process are as follows: • Number of sections submitted 652 • Number of signatures submitted 20,479 • Number of signatures verified 12,331 • Number of signatures found sufficient 9,784 • Number of signatures found NOT sufficient 2,547 (Includes 36 duplicates and 5 matched withdrawn signatures) • Number of signatures required 9,784 • Number of registered voters in subject territory 65,221 (Secretary of State Voter Report of February 10,2015) Ifyou have questions, please contact Cynthia Paes at (858) 505-7202 or Norma Westbrook at (858) 505-7302. ^HIA CTPAES Assistant Registrar of Voters Verification of Initiative Signatures by the Registrar of Voters Number of Signatures Submitted 20,479 Number of Signatures Verified 12,331 Number of Signatures found NOT Sufficient 2,547 Number of Signatures found Sufficient 9,784 Number of Signatures Required 9,784 (15% of 65,221 required for a Special Election) Number of Registered Voters in Carlsbad 65,221 (as of February 10, 2015 Secretary of State report) Recommended Action Adopt Resolution No. 2015-208 certifying the results of the County of San Diego Registrar of Voter’s sufficiency examination of the petition filed for the Agua Hedionda South Shore Specific Plan.