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
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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
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filed with the City of Carlsbad City Clerk with 20,479 signatures;
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WHEREAS, the City of Carlsbad City Clerk completed a prima facie review ofthe petition
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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
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delivered its results to the Carlsbad City Clerk, attached as Exhibit A hereto; and
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WHEREAS, the Registrar of Voters has verified the petition is sufficient under the
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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.
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25 SECTION 3. That the number of signatures from registered City of Carlsbad voters
26 required to qualify was 15% or 9,784.
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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
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7 resolution and shall enter the same in the file of original resolutions
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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.