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Home My WebLink About2015-11-03; City Council; 22132; Results Voters Sufficiency of Referendum Against An Ordinance CS-28311 CITY OF CARLSBAD - AGENDA BILL CERTIFICATION OF THE RESULTS OF THE COUNTY OF SAN DIEGO REGISTRAR OF VOTERS SUFFICIENCY EXAMINATION OF THE REFERENDUM PETITION ENTITLED, "REFERENDUM AGAINST AN ORDINANCE PASSED BYTHE CARLSBAD CITY COUNCIL, ORDINANCE NO. CS-283" DEPT. DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2015-276 certifying the results of the County of San Diego Registrar of Voters sufficiency examination of the referendum petition entitled, "Referendum against an Ordinance Passed by the Carlsbad City Council, Ordinance No. CS-283." ITEM EXPLANATION: Background: The Agua Hedionda South Shore Specific Plan initiative was proposed on May 12, 2015 when Carlsbad residents Bill Dominguez, Carlton Lund and Maureen Simons submitted to the City of Carlsbad a notice of intent to circulate a petition for a citizen-led initiative. Caruso Affiliated is the primary sponsor of the specific plan described in the citizen-led initiative. The Agua Hedionda South Shore Specific Plan proposes a comprehensive plan for future land uses on a 203.4 acre property located east of 1-5, between the south shore ofthe Agua Hedionda Lagoon and Cannon Road. The plan would conserve approximately 176.7 acres for open space, continuing and supporting strawberry farming and coastal agricultural, preserving natural habitat, and providing for passive open space uses, while allowing for development of up to 585,000 square feet of new visitor-serving commercial, shopping, dining, entertainment, and recreational uses on the 26.7 acres designated for retail development. The initiative 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. On August 13, 2015, the Registrar of Voters completed its review and delivered a certificate ofthe results to the Carlsbad City Clerk indicating that the Registrar of Voters has verified the initiative petition as sufficient under the provisions of Elections Code section 9211, and that it was signed by not less than 15% ofthe registered voters ofthe city pursuant to Elections Code section 9214. On August 18, 2015, the City Council adopted Resolution No. 2015-208 certifying the results ofthe Registrar of Voters sufficiency examination ofthe petition filed forthe Agua Hedionda South Shore Specific Plan. On August 25, 2015, the City Council received the Elections Code section 9212 Report for DEPARTMENT CONTACT: Shelley £ollins 760-434-"2808 shellev.collins@carlsbadca-gov FOR CITY CLERKS USE COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED ihelleyO • • • • CONTINUED TO DATE SPECIFIC •. CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • COUNCIL RECEIVED THE • REPORT/PRESENTATION OTHER-SEE MINUTES • Certificate of Sufficiency November 3, 2015 Page 2 the Agua Hedionda South Shore Specific Plan Initiative Measure and unanimously (5-0 vote) adopted the citizen-led initiative without alteration (City Council Ordinance No. CS-283). Referendum Petition: Subsequent to the August 25, 2015 City Council decision on the Agua Hedionda South Shore Specific Plan (Ordinance No. CS-283), a citizen-led referendum petition was initiated in response to the action taken by the City Council. The referendum petition is entitled, "Referendum against an Ordinance Passed by the Carlsbad City Council Ordinance No. CS-283." The referendum petition was circulated for signatures and was filed with the City Clerk on September 24, 2015, with 9,095 signatures. The City Clerk completed a prima facie review ofthe petition and delivered the petition to the San Diego County Registrar of Voters on September 25, 2015. As allowed by the Elections Code, the County of San Diego Registrar of Voters had up to 30 working-days (until November 5, 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 October 27, 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. 2015-276 ). xhe certification indicates that the Registrar of Voters has verified the referendum petition is sufficient under the provisions of Elections Code sections 9210 and 9239, and was signed by not less than 10% of the registered voters of the city pursuant to Elections Code section 9237. Elections Code sections 9240 and 9114 provide 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. 2015-276 is provided to the City Council for consideration and adoption. (Exhibit 1) FISCAL IMPACT: The referendum petition is a citizen initiated action. The costs associated with the referendum petition signature verification process and the costs associated with an election were not included in the FY 2015/16 budget. The costs associated with these actions are currently being evaluated by the San Diego County Registrar of Voters Office and staff will be providing the anticipated costs to the City Council when the options for moving forward are submitted to City Council for action at a future meeting. For a stand-alone special election, the city would be responsible for paying 100 percent of the costs, and those costs are currently estimated at between $450,000 and $550,000. Election costs are typically budgeted from the General Fund in the City Clerk's Office budget. ENVIRONMENTAL IMPACT: The actions contemplated within this Agenda Bill are not considered a "project" subject to environmental review. Citizen-led referendum petitions are not required to comply with the California Environmental Quality Act (CEQA) and therefore, the "Referendum Against an Ordinance Passed by the Carlsbad City Council - Ordinance No. CS-283" is not subject to environmental review under CEQA Guideline 14 Cal Code of Regs 15378 (b)(3). 2^ Certificate of Sufficiency November 5, 2015 Page 3 EXHIBITS: 1. Resolution No. 2015-276 certifying the results of the County of San Diego Registrar of Voters sufficiency examination of the referendum petition entitled, "Referendum against an Ordinance Passed by the Carlsbad City Council, Ordinance No. CS-283", including Exhibit A. 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 EXHIBIT 1 RESOLUTION NO. 2015-276 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 REFERENDUM PETITION ENTITLED "REFERENDUM AGAINST AN ORDINANCE PASSED BY THE CARLSBAD CITY COUNCIL, ORDINANCE NO. CS-283" WHEREAS on September 24, 2015, the referendum petition was filed with the City of Carlsbad City Clerk; WHEREAS, the City of Carlsbad City Clerk completed a prima facie review of the petition and delivered the petition to the County of San Diego Registrar of Voters on September 25, 2015, to examine the 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; and WHEREAS, on October 27, 2015, the Registrar of Voters completed its review and delivered its results to the Carlsbad City Clerk, attached as Exhibit A hereto; and WHEREAS, the Registrar of Voters has verified the referendum petition is sufficient under the provisions of Elections Code sections 9210 and 9239, and was signed by not less than 10% of the registered voters ofthe city pursuant to Elections Code section 9237. 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. SECTION 3. That the number of signatures from registered City of Carlsbad voters required to qualify was 10% or 6,523. 4 1 2 3 4 5 6 7 8 lit 9 III 10 III 11 III 12 13 III 14 III 15 III 16 III 17 III 18 19 III 20 III 21 III 22 III 23 III 24 25 III 26 III 27 III 28 III SECTION 4. That the County of San Diego Registrar of Voters has verified the referendum petition is sufficient under the provision of Elections Code section 9210 and 9239, and was signed by not less than 10% of the registered voters ofthe city pursuant to Elections Code section 9237. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the file of original resolutions. -2- 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 3^'^ day of November, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: RBARA ENGLESON^^y Clerk (SEAL) EXHIBIT A (ttiTuntu 0f ^an ^tega MICHAEL VU REGISTRAR OF VOTERS Kfg.sirar of Voters County Operations Cenier Campus 6600 Overland Avenue, Suite 100 San Diego. California 92123-1266 Telephone (853) 566-5800 Toll-tree; 1 (800) 696-0136 TDD: (858) 694-34-11 Facsimile (868)694-2965 Web Address. mM.Si^/MSiSSm CYNTHIA L. PAES Asyislanl Registrar of Voters October 27, 2015 Barbara luiglcson, City Clerk City of Carlsbaci 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Referendum Against an Ordinance Passed by the Carlsbad City Council Ordinance No. CS-283. The "Carlsbad Referendum Against Ordinance No, CS-283" was filed with the Registrar of Voters on September 25, 201,S. As directed by your office, we have conducted a verification of 6,523 valid signatures of 9,095 signatures submitted- Results of the verification process are as follows: • Number of sections submitted 254 • Number of signatures submitted • • Number of signatures verified O,UDC. • Number of signatures found sufficient ^-'^23 • Number of signatures found NOT sufficient 1*529 (Includes 49 duplicates and 113 matched withdrawn signatures) • Number of signatures required [^'^^^ • Number of registered voters in subject territory 65,221 (Secretary of State Voter Report of February 10, 2015) Ifyou have questions, please contact Michael Vu at (8.S8) 50.S-7201 or Norma Westbrook at (858) 505-7302. MICH AHL VlJ Registrar of Voters Barbara Engleson, City Clerk November 3, 2015 Certification of Registrar of Voters Sufficiency Examination of Referendum Signatures Registrar of Voters Sufficiency Examination of Referendum Signatures •Number of Signatures Submitted 9,095 •Number of Signatures Verified 8,052 •Number of Signatures found NOT Sufficient 1,529 (Includes 49 duplicates and 113 matched withdrawn signatures) •Number of Signatures found Sufficient 6,523 •Number of Signatures Required 6,523 •Number of Registered Voters in Carlsbad 65,221 (as of February 10, 2015 Secretary of State report) Information •City Clerk’s Office is gathering information from the ROV on possible dates and costs •Staff will return to the City Council at a future meeting presenting info and options Options •Repeal Ordinance CS-283 •Place on ballot in next General Election –Nov. 2016 •Call for Special Election 2016 Tonight’s Recommended Action Adopt Resolution No. 2015-276 certifying the results of the County of San Diego Registrar of Voters Sufficiency Examination of the referendum petition entitled, “Referendum against an Ordinance passed by the Carlsbad City Council, Ordinance No. CS-283.”