HomeMy WebLinkAbout2015-11-17; City Council; 22149; Options "Referendum Against an Ordinance Passed by the Carlsbad City Council - Ordinance No. CS-283" - Agua Hedionda South Shore Specific Plan18
CITY OF CARLSBAD -AGENDA BILL
AB# OPTIONS FOR CITY COUNCIL CONSIDERATION ON DEPT.
22,149 THE REFERENDUM PETIITION ENTITLED DIRECTOR ~
MTG. 11/17/15 "REFERENDUM AGAINST AN ORDINANCE PASSED BY CITY ATTY. f fA
DEPT. CM THE CARLSBAD CITY COUNCIL-ORDINANCE NO. CS-CITYMGR. ..,../
283"-AGUA HEDIONDA SOUTH SHORE SPECIFIC ~
PLAN
RECOMMENDED ACTION:
1} Introduce City Council Ordinance No. CS-288 repealing Ordinance No. CS-283 and
rescinding the Agua Hedionda South Shore Specific Plan (Exhibit 1} in its entirety, pursuant to
Elections Code Section 9241; or,
2) Adopt City Council Reso lution No. 2015-293 (Exhibit 2), immediately ordering a special
election to be held pursuant to Elections Code Section 1410 and 9237 on Tuesday,
-----' 2016, a date set by the City Council that is more than 88 days from the date of
the order to hold a special election pursuant to Elections Code Section 9241, at which time
Ordinance No. CS-283 adopting the Agua Hedionda Sout h Shore Specific Plan shall be
submitted to a vote of the registered voters of the City of Carlsbad; and consider the following
options:
i. Adopt City Council Resolution No. 2015-296 (Exhibit 5), authorizing certain
City Council members to file a written argument in support of Ordinance No. CS-
283, proposing the adoption of the Agua Hedionda South Shore Specific Plan;
and,
ii. Adopt City Council Resolution No. 2015-297 (Exhibit 6), directing the City
Attorney to prepare an impartial analysis of Ordinance No. CS-283 proposing
the adoption of the Agua Hedionda South Shore Specific Plan; or,
3) Adopt City Council Resolution No. 2015-294 (Exhibit 3), immediately ordering a special
election, to be held pursuant to Elections Code Sections 1410 and 9237, to be consolidated
with the Tuesday, June 7, 2016 Statewide Primary Election, which is more than 88 days from
the date of the order to hold a special election pursuant to Elections Code Section 9241, at
which time Ordinance No. CS-283 adopting t he Agua Hedionda South Shore Specific Plan shall
be submitted to a vote of the registered voters of the City of Carlsbad; and consider the
following options ·
DEPARTMENT CONTACT: Gary Barberio 760-434-2821 gary.barberio@carlsbadca.gov
FOR CITY CLERKS USE APPROVED CONTINUED TO DATE SPECIFIC 0 -----
COUNCIL ACTION: DENIED 0 CONTINUED TO DATE UNKNOWN 0
CONTINUED 0
WITHDRAWN ~
AMENDED vt:.l
Council ·approved Resolut ion Nos.
2015-293, 20 15-296, 2015-297
RETURNED TO STAFF
COUNCIL RECEIVED THE
REPORT/PRESENTATION
OTHER -SEE M INUTES
0
0
'
i. Adopt City Council Resolution No. 2015-296 (Exhibit 5), authorizing certain
City Council members to file a written argument in support of Ordinance No. CS-
283, proposing the adoption of the Agua Hedionda South Shore Specific Plan;
and,
ii. Adopt City Council Resolution No. 2015-297 (Exhibit 6), directing the City
Attorney to prepare an impartial analysis of Ordinance No. CS-283 proposing
the adoption of the Agua Hedionda South Shore Specific Plan; or,
4) Adopt City Council Resolution No. 2015-295 (Exhibit 4), immediately ordering a specia l
election, to be held pursuant to Elections Code Sections 1410 and 9237, to be consolidated
with the Tuesday, November 8, 2016 statewide general election, which is more than 88 days
from the date of the order to hold a special election pursuant to Elections Code Section 9241,
at which time Ordinance No. CS-283 adopting the Agua Hedionda South Shore Specific Plan
shall be submitted to a vote of the registered voters of the City of Carlsbad; and consider the
following options:
i. Adopt City Council Resolution No. 2 01 5-296 (Exhibit 5), authorizing certain
City Council members to file a written argument in support of Ordinance No. CS-
283, proposing the adoption of the Agua Hedionda South Shore Specific Plan;
and,
ii. Adopt City Council Resolution No. 2015-297 (Exhibit 6), directing the City
Attorney to prepare an impartial analysis of Ordinance No. CS-283 proposing
the adoption of the Agua Hedionda South Shore Specific Plan; or,
ITEM EXPLANATION:
Background on Initiative Petition: 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 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 of the 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 ci rculated fo r signatures and was filed with the City Clerk on July 8,
2015, with 20,479 signatu res. The City Clerk completed a prima facie review of the petition and
delivered the petition to the County of San Diego Registrar of Voters on July 8, 2015. On August
13, 2015, t he Registrar of Voters completed its review and delivered a certificate of the 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% of the registered voters of the city pursuant to Elections Code section 9214. On August
18, 2015, the City Council adopted Resolution No. 2015-208 certifying the results of the Registrar
of Voters sufficiency examination of the petition filed for the Agua Hedionda South Shore Specific
Plan. On August 25, 2015, the City Council received the Elections Code section 9212 Report for
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).
Background on 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 by Citizens for North County, 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 of the petition and delivered the petition to the County
of San Diego Registrar of Voters on September 25, 2015. On October 27, 2015, the Registrar of
Voters completed its review and delivered a certificate of the 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 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. On November 3, 2015, the
City Council adopted Resolution No. 2015-276 certifying the results of the Registrar of Voters
sufficiency examination of the referendum petition fil<ed against the Agua Hedionda South Shore
Specific Plan Ordinance (CS-283) passed by the City Council on August 25, 2015 (Exhibit 7). The
effect of the certification is that Ordinance No. CS-283 is now suspended and the City Council's
adoption of the Ordinance no longer has any legal effect. The Ordinance cannot become
effective unless approved by a majority of the voters of the City of Carlsbad at an election held
more than 88 days from the date of a City Council decision to submit the Ordinance to the voters.
City Council Referendum Action Options: As the certification of the referendum by the City
Council has occurred, the legislative body is now required to "reconsider" the Ordinance
(Elections Code Section 9237}. Reconsideration means that the City Council must either repeal
the Ordinance or submit it to the registered voters of the City of Carlsbad for their consideration.
Unlike an initiative, the Elections Code does not specify a timeframe in which the City Council
must act to "reconsider" the Ordinance, however the Ordinance remains suspended until final
action is taken either by the City Council or by the voters. The City Council "reconsideration"
does not require a public hearing or any other specific format.
This Agenda Bill discusses the options that are available for the City Council's consideration in
greater detail below. Generally, there are four options for the City Council to consider. Option
No. 1 is for the City Council to repeal the Ordinance. In Option Nos. 2, 3, or 4, the City Council
would immediately order an election (special election or regular municipal election) by choosing
one of the three election date options presented, with the election date selected needing to be
more than 88 days from the date of the order to hold an election.
If the City Council chooses the first option and determines to repeal the Ordinance, it will
introduce the Ordinance to Repeal at this meeting and adopt it at the next regularly scheduled
City Council meeting. After repeal, the Ordinance "shall not aga in be enacted by the legislative
body (City Council) for a period of one year after the date of its repeal by the legislative body ... "
(Elections Code Section 9241).
Option Nos. 2, 3, and 4 detail the types of elections that could be ordered by the City Council and
the dates at which they could be scheduled. The three election Options are listed below in
chronologica l order. The Elections Code only sets two limitations on when the election must be
held (Elections Code Sections 1410 & 9241). First, it cannot be held for at least eighty-eight (88)
days after it is ordered by the City Council. Second, if the City Council decides to order the
election on a Regular Carlsbad Municipal Election date, it must do so at the next Regular
Municipal Election date. The next Regular Carlsbad Municipal Election date is November 8, 2016
(Statewide General Election). Except for the eighty-eight day limitation, there is no other time
limitation on when a specia l election can be set, as the Ordinance is suspended and of no force or
effect unless approved by the voters.
A referendum election can be held as a "stand alone" special election or it can be consolidated
with another preexisting election date. The City can also request consolidation with the June 7,
2016 Statewide Primary Election or the Statewide General Election on November 8, 2016 (also
the next Regular Carlsbad Municipa l Election date). The benefit of consolidation with another
election date is the ability to share common election costs. Attached to this Agenda Bill as
Exhibit 8 are election date cost estimates received from the County of San Diego Registrar of
Voters office for the various election date options.
If an election is ordered under any of t he three election options, the City Council must decide
whether to authorize some or all of its members to write the Argument in Favor of the
Ordinance. The ballot is required to phrase the question in the affirmative where a "YES" vote
supports the Ordinance and a "NO" vote opposes the Ordinance (Elections Code Section 13120).
The City Council must also decide whether to have an Impartial Analysis prepared. Pursuant to
the Elections Code, the City Attorney is the only person who the City Council may authorize to
prepare the Impartial Ana lysis (Elections Code Section 9280). The added benefit in authorizing
the preparation of an Impartial Ana lysis is that the Ordinance then does not need to be attached
to the Ballot Pamphlet and the City does not have to pay for the printing costs of a lengthy
ordinance.
If an election is held and a simple majority (SO% plus one) of the registered voters of the City of
Carlsbad who vote in the election vote to approve the Ordinance it goes into effect (Elections
Code Section 9241). If the Ordinance is defeated in the election, the Ordinance "shall not again
be enacted by the legislative body (City Council) for a period of one year after the date of its
repeal ... " (Elections Code Section 9241).
Consistent with Elections Code Sections 9237 and 9241, the City Council must now consider the
following four options:
4-
Option No.1:
To implem ent Option No. 1, the City Council would Introduce City Council Ordinance No.
CS-288 repealing Ordinance No. CS-283 and rescinding the Agua Hedionda South Shore
Specific Plan (Exhibit 1) in its entirety, pursuant to Elections Code Section 9241 and set the
Ordinance to Repeal for adoption at the next Regular City Council meeting. If the City Council
determines to repeal Ordinance No. CS-283, it would follow the normal ordinance process and,
after repeal, the Ordinance "shall not again be enacted by the legislative body (City Council) for a
period of one year after the date of its repeal by the legislative body ... " (Elections Code Section
9241).
Option No. 2:
To implement Option No. 2, the City Counci l would Adopt City Counci l Resolution No.
2015-293 (Exhibit 2), immediately ordering a special election to be held pursuant to Elections
Code Section 1410 and 9237 on Tuesday, 2016, a date set by the City Council that
is more than 88 days from the date of the order to hold a special election pursuant to Elections
Code Section 9241, at which time Ordinance No. CS-283 adopting the Agua Hedionda South
Shore Specific Plan shall be submitted to a vote of the registered voters of the City of Carlsbad ;
and consider the following options:
i. Adopt City Council Resolution No. 2015-296 (Exhibit 5), authorizing certain
City Council members to file a written argument in support of Ordinance No. CS-
283, proposing the adoption of the Agua Hedionda South Shore Specific Plan;
and,
ii. Adopt City Council Resolution No. 2015-297 (Exh ibit 6), directing the City
Attorney to prepare an impartial analysis of Ordinance No. CS-283 proposing
the adoption of the Agua Hedionda South Shore Specific Plan; or,
Option No. 2 requires that the City Council order a Special Election, to be held on a Tuesday at
least 88 days from the date the City Council orders the election (Exhibit 2). Before acting, the
City Council must select the actual election date for inclusion in Exhibit 2. The selected special
election date must be at least 88 days after it is ordered by the City Council. At the special
election, the ordinance is submitted for a vote of the tregistered voters of the City of Carlsbad. If
it is approved by a simple majority (SO% plus one) of the registered voters of the City of Carl sbad
who vote in the election, it goes into effect. If not, it is repealed and the Ordinance "shall not
again be enacted by the legislative body (City Council) for a pe riod of one year after the date of
its repeal. .. " (Elections Code Section 9241).
Option No. 2 also allows the City Council to consider several different procedural options. First,
the City Council decides whether it wants to authorize one or more City Council members to file
arguments in favor of Ordinance No. CS-283 on behalf of the City Council (Exhibit 5). If the City
Council does not choose to file arguments in favor of Ordinance No. CS-283, registered voters or
bona fide associations of voters can file the arguments. Elections Code Section 9285 establishes
a hierarchy for the City Clerk to choose which argument to print in the Ballot Pamphlet if more
than one argument in favor or against is filed. The City Council is at the top of the hierarchy for
Arguments in Favor of approving Ordinance No. CS-283. The Proponents of the referendum
measure are at the top of the hierarchy for Arguments Against Ordinance No . CS-283.
With Option No. 2, the City Council must also decide if it wants to have the City Attorney prepare
a~d file an Impartial Analysis of the Ordinance (Exhibit 6). The City Attorney would have up to
five hundred words to prepare an analysis "showing the effect of the measure on the existing law
and the operation of the measure" (Elections Code Section 9280).
Exhibit 8 lists the cost estimates for Option 2.
Option No. 3:
To implement Option No. 3, the City Council would adopt City Council Resolution No.
2015-294 (Exhibit 3), immediately ordering a special election, to be held pursuant to Elections
Code Sections 1410 and 9237, to be consolidated with the Tuesday, June 7, 2016 Statewide
Primary Election, which is more than 88 days from the date of the order to hold a special election
pursuant to Elections Code Section 9241, at which time Ordinance No. CS-283 adopting the Agua
Hedionda South Shore Specific Plan shall be submitted to a vote of the registered voters of the
City of Carlsbad; and consider the following options:
i. Adopt City Council Resolution No. 2015-296 (Exhibit 5), authorizing certain
City Council members to file a written argument in support of Ordinance No. CS-
283, proposing the adoption of the Agua Hedionda South Shore Specific Plan;
and,
ii. Adopt City Council Resolution No. 2015-297 (Exhibit 6), directing the City
Attorney to prepare an impartial analysis of Ordinance No. CS-283 proposing
the adoption of the Agua Hedionda South Shore Specific Plan; or,
In Option No. 3, the City Council would order a Special Election, to be held on June 7, 2016
(Statewide Primary Election) (Exhibit 3). At the special election, the Ordinance is submitted to a
vote of the registered voters of the City of Carlsbad. If it is approved by a simple majority (50%
plus one) of the registered voters of the City of Carlsbad who vote in the election, it goes into
effect. If not, it is repealed and the Ordinance "shall not again be enacted by the legislative body
(City Council) for a period of one year after the date of its repeal ... " (Elections Code Section
9241).
Option No. 3 also allows the City Council to consider several different procedural options. First,
the City Council decides whether it wants to authorize one or more City Council members to file
arguments in favor of Ordinance No. CS-283 on behalf of the City Council (Exhibit 5). If the City
Council does not choose to file arguments in favor of Ordinance No. CS-283, registered voters or
bona fide associations of voters can file the arguments. Elections Code Section 9285 establishes
a hierarchy for the City Clerk to choose which argument to print in the Ballot Pamphlet if more
0
than one argument in favor or against is filed. The City Council is at the top of the hierarchy for
Arguments in Favor of approving Ordinance No. CS-283. The Proponents of the referendum
measure are at the top of the hierarchy for Arguments Against Ordinance No. CS-283.
With Option No. 3, the City Council must also decide if it wants to have the City Attorney prepare
and file an Impartial Analysis of the Ordinance (Exhibit 6). The City Attorney would have up to
five hundred words to prepare an analysis "showing the effect of the measure on the existing law
and the operation of the measure" (Elections Code Section 9280).
Exhibit 8 lists the cost estimates for Option 3.
Option No. 4:
To implement Option No. 4, the City Council would adopt City Council Resolution No.
2015-295 (Exhibit 4), immediately ordering a special election, to be held pursuant to Elections
Code Sections 1410 and 9237, to be consolidated with the Tuesday, November 8, 2016 statewide
general election, which is more than 88 days from the date of the order to hold a special election
pursuant to Elections Code Section 9241, at which time Ordinance No. CS-283 adopting the Agua
Hedionda South Shore Specific Plan shall be submitted to a vote of the registered voters of the
City of Carlsbad; and consider the following options:
i. Adopt City Council Resolution No. 2015-296 (Exhibit 5), authorizing certain
City Council members to file a written argument in support of Ordinance No. CS-
283, proposing the adoption of the Agua Hedionda South Shore Specific Plan;
and,
ii. Adopt City Council Resolution No. 2015-297 (Exhibit 6), directing the City
Attorney to prepare an impartial analysis of Ordinance No. CS-283 proposing
the adoption of the Agua Hedionda South Shore Specific Plan; or,
In Option No. 4, the City Council would order an E~ection, to be held on November 8, 2016
(Exhibit 4). At the election, the Ordinance is submitted to a vote of the registered voters of the
City of Carlsbad. If it is approved by a simple majority (50% plus one) of the registered voters of
the City of Carlsbad who vote in the election, it goes into effect. If not, it is repealed and the
Ordinance "shall not again be enacted by the legislative body (City Council) for a period of one
year after the date of its repeal. .. " (Elections Code Section 9241).
Option No. 4 also allows the City Council to consider several different procedural options. First,
the City Council decides whether it wants to authorize one or more City Council members to file
arguments in favor of Ordinance No. CS-283 on behalf of the City Council (Exhibit 5). If the City
Council does not choose to file arguments in favor of Ordinance No. CS-283, registered voters or
bona fide associations of voters can file the arguments. Elections Code Section 9285 establishes
a hierarchy for the City Clerk to choose which argument to print in the Ballot Pamphlet if more
than one argument in favor or against is filed. The City Council is at the top of the hierarchy for
Arguments in Favor of approving Ordinance No. CS-283. The Proponents of the referendum
measure are at the top of the hierarchy for Arguments Against Ordinance No. CS-283.
With Option No. 4, the City Council must also decide if it wants to have the City Attorney prepare
and file an Impartial Analysis of the Ordinance (Exhibit 6). The City Attorney would have up to
five hundred words to prepare an analysis "showing the effect of the measure on the existing law
and the operation of the measure" (E lections Code Section 9280).
Exhibit 8 lists the cost estimates for Option 4.
Generally for Option Nos. 2, 3 and 4:
Should the City Council order a special or general election (Option Nos. 2, 3 or 4), due to the
length of the Referendum Measure, it is recommended that the full text of the Referendum
Measure not be placed on the Bal lot or in the Ballot !Pamphlet. If the full text is not included, a
special note is to be made in the Ballot Pamphlet. Below the Impartial Analysis, the following
quoted language must be inserted to show that the entire text of the measure is not contained in
the Voter Pamphlet or on the Ballot:
In the event the entire text of the measure is not printed on the
ballot, nor in the voter information portion of the sample ballot,
there shall be printed immediately below the impartial analysis, in
no less than 10-point bold type, a legend substantially as follows:
"The above statement is an impartial analysis of Ordinance or
Measure __ . If you desire a copy of the ordinance or measure,
please ca ll the elections official's office at (insert telephone
number) and a copy will be mailed at no cost to you."
FISCAL IMPACT:
The referendum petition is a citizen initiated action. The costs associated with a referendum
petition election were not included in the FY 2015/16 budget. Cost estimates received from the
County of San Diego Registrar of Voters for the June Primary or November General Election range
from $22,000 to $50,000, and a stand-alone Special Election is projected at $450,000-$550,000.
Attached to this Agenda Bi ll as Exhibit 8 are the election cost estimates and assumptions
provided by the County of San Diego Registrar of Voters office for the various election date
options.
With a stand-alone special election, the city would be responsible for paying 100 percent of the
cost. With a consolidated election on the June 7, 2016 Primary Election or the November 8, 2016
General Election the city would share election costs with other jurisdictions. Election costs are
typically budgeted from the General Fund in the City Clerk's Office budget.
9
ENVIRONMENTAL IMPACT:
The actions contemplated within this Agenda Bill are not considered a "project" subject to
environmental review. Citizen-led initiatives and referenda are not required to comply with the
California Environmental Quality Act (CEQA) and therefore, none of the options before the City
Council for consideration in this Agenda Bill are subject to environmental review under CEQA.
EXHIBITS:
1. City Council Ordinance No. CS-288 , repealing Ordinance No. CS-283 and rescinding the
Agua Hedionda South Shore Specific Plan in its entirety, pursuant to Elections Code Section
9241
2. City Council Resolution No. 2015-293 immediately ordering a special election to be held
pursuant to Elections Code Section 1410 and 9237 on Tuesday, 2016, a date
set by the City Council that is more than 88 days from the date of the order to hold a special
election pursuant to Elections Code Section 9241, at which time Ordinance No. CS-283
adopting the Agua Hedionda South Shore Specific Plan shall be submitted to a vote of the
registered voters of the City of Carlsbad.
3. City Council Resolution No. 2015-294 immediately ordering a special election, to be held
pursuant to Elections Code Sections 1410 and 9237, to be consolidated with the Tuesday, June
7, 2016 Statewide Primary Election, which is more than 88 days from the date of the order to
hold a special election pursuant to Elections Code Section 9241, at which time Ordinance No.
CS-283 adopting the Agua Hedionda South Shore Specific Plan shall be submitted to a vote of
the registered voters of the City of Carlsbad.
4. City Council Resolution No. 2015-295 (Exhibit 4), immediately ordering a special election, to
be held pursuant to Elections Code Sections 1410 and 9237, to be consolidated with the
Tuesday, November 8, 2016 statewide general election, which is more than 88 days from the
date of the order to hold a special election pursuant to Elections Code Section 9241, at which
time Ordinance No. CS-283 adopting the Agua Hedionda South Shore Specific Plan shall be
submitted to a vote of the registered voters of the City of Carlsbad.
5. City Council Resolution No. 2015-296 authorizing certain City Council members to file a
written argument in support of Ordinance No. CS-283, proposing the adoption of the Agua
Hedionda South Shore Specific Plan.
6. City Council Resolution No. 2015-297 (Exhibit 6), directing the City Attorney to prepare an
impartial analysis of Ordinance No. CS-283 proposing the adoption of the Agua Hedionda
South Shore Specific Plan.
7. City Council 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".
8. Election cost estimates and assumptions provided by the County of San Diego Registrar of
Voters office.
q
EXHIBIT 1
1 ORDINANCE NO. CS-288
2 REPEALING ORDINANCE NO. CS-283 A RESCINDING THE
3 AGUA HEDIONDA SOUTH SHORE S CIFIC PLAN, IN ITS
ENTIRETY, PURSUANT TO ELECTIONS DE SECTION 9241
4
5
6 WHEREAS, on August 25, 2015, the Ci Council received and considered the Agua
7 Hedionda South Shore Specific Plan lnitiat" e Measure, which had the requisite signatures
8 to allow placement on a Special Electio Ballot; and,
9
WHEREAS, on August 25, 2 5, the City Council received a presentation on the
10
11
9212 Report prepared
12 Measure; and,
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
South Shore Specific
25, 201~e City
Initiative M~e
uncil considered the Agua Hedionda
and determined to adopt it without
alteration ~san ordin nee ratheMcing it on a Special Election Ballot as Ordinance
No. CS-283, and, v
m Petition, entitled "Referendum against an Ordinance
Passed by the
North Count against the adoption of Ordinance No. CS-283 and was filed with the City
ERAS, on November 3, 2015, the City Council adopted Resolution No. 2015-276
certify g the results of the Registrar of Voters sufficiency examination of the referendum
petition filed against the Agua Hedionda South Shore Specific Plan Ordinance (CS-283);
and,
/D
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
WHEREAS, pursuant to Elections Code Section 9237, the City Council as the
legislative body is required to either repeal the Ordinance or submit i
voters of the City of Carlsbad for their consideration; and,
WHEREAS, after reconsidering Ordinance No.
determined that it is in the best interests of the City of
3, the City Council has
rlsbad that Ordinance No. CS-
283 be repealed in its entirety.
NOW THEREFORE, the City Council of th ity of Carlsbad does ordain as follows
that:
SECTION 1. That the above recitaf
SECTION 2. That the Ordinanc
and the city clerk shall certify t
ordinance or a summary of e ordinan
ordinance sha ll not b
II
II
II
II
II
II
II
ce and cause the full text of the
by the city attorney to be published at
ithin fifteen days of adoption. This
I\
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
INTRODUCED AND FIRST READ at a regular meeting of the rlsbad City Council on the
day of ____ ___J 2015, and thereafter
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALI
•
CELIA A. BREWER, City Attorne')l
ATIEST:
BARBARA ENGLESON, City Clerk
12..
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
RESOLUTION NO. 2015-293
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, IMMEDIATELY ORDERING A SPECIAL ELECTION TO BE
HELD PURSUANT TO ELECTIONS CODE SECTIONS 1410 AND 9237
ON TUESDAY, FEBRUARY 23, 2016, A DATE SET BY THE CITY
COUNCIL THAT IS MORE THAN 88 DAYS FROM THE DATE OF THE
ORDER TO HOLD A SPECIAL ELECTION PURSUANT TO ELECTIONS
CODE SECTION 9241, AT WHICH TIME ORDINANCE NO. CS-283
ADOPTING THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN
SHALL BE SUBMITTED TO A VOTE OF THE REGISTERED VOTERS OF
THE CITY OF CARLSBAD
WHEREAS, subsequent to the August 25, 2015 City Council decision to adopt the Agua
Hedionda South Shore Specific Plan (Ordinance No. CS-283 ("Ordinance")), a citizen-led
referendum petition was initiated. The referendum petition is entitled, "Referendum against
an Ordinance Passed by the Carlsbad City Council Ordinance No. CS-283;" and
WHEREAS, the proponents of the ref,erendum, Citizens for North County, circulated
the referendum petition for signatures within the thirty days following the adoption of the
Ordinance. On September 24, 2015, the referendum petition was filed with the Carlsbad City
Clerk. The City Clerk completed a prima facie review of the petition and delivered the
petition to the San Diego County Registrar of Voters on September 25, 2015; and
WHEREAS, the County of San Diego Registrar of Voters received the filed petition
and, from the records of voter registration, reviewed it to ascertain whether 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 ce rtificate of the results
to the Carlsbad City Clerk. The certification indicated that the Registrar of Voters had
verified the referendum petition as sufficient under the provisions of Elections Code sections
9239 and 9240, and that it was signed by at least 10% of the registered (6,523 signatures)
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
voters of the City of Carlsbad 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 County of San Diego Registrar of Voters examination to the City Counci l at its next
regular meeting; and
WHEREAS, on November 3, 2015, the City Council adopted Resolution No. 2015-276
certifying the results of the Registrar of Voters sufficiency examination of the referendum
petition filed against the Agua Hedionda South Shore Specific Plan Ordinance (CS-283). The
effect of the certification is that Ordinance No. CS-283 is now suspended and the City
Council's adoption of Ordinance No. CS-283 no longer has any legal effect; and
WHEREAS, pursuant to Elections Code Section 9237, the City Council as the legislative
body is required to either repeal the Ordinance or submit it to the registered voters of the
City of Carlsbad for their consideration; and,
WHEREAS, the City Council has reconsidered the Ordinance including options of repeal;
placement before the voters on a special election date; and placement before the voters on
the next regular municipal election date for the City of Carlsbad. Under Elections Code
Section 1410, any election set must be more than eighty-eight {88) days after the election is
ordered; and
WHEREAS, the City Council has determined to place the referendum on a Special
Election ballot on Tuesday, February 23, 2016 and hereby requests the County of San Diego
Registrar of Voters to conduct the election; and
WHEREAS, the City Council hereby authorizes the City Clerk and City staff to take all
steps necessary to assist in the placement of the referendum question before the Carlsbad
voters on Tuesday, February 23, 2016 on a Sp,ecial Election Ballot.
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
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 pursuant to the requirements of Elections Code Section 13120 and
other applicable provisions of the Elections Code, there is called and ordered to be held in
the City of Carlsbad, California, on Tuesday, February 23, 2016, a Special Municipal Election
for the purpose of submitting the following question:
Yes D Shall Ordinance No. CS-283 of the Carlsbad City Council
No D
adopting the Agua Hedionda South Shore Specific Plan (203.4
acres east of the 1-5 freeway between the Agua Hedionda
Lagoon and Cannon Road), which designates 21.6 acres of
additional open space, for a total of 176.7 acres of open
space for public access, preservation of natural habitat, and
agriculture, along with development of 585,000 square feet
of visitor-serving commercial uses on 26.7 acres be adopted?
SECTION 3. That the complete text of the ordinance submitted to the voters is
incorporated herein by reference. Said Ordirnance shall be on file with the City Clerk and a
copy shall be forwarded, at no cost, to any voter requesting a full text of the Ordinance,
pursuant to Elections Code 9280.
SECTION 4. That the ballots used at the election shall be in form and content as
required by law.
SECTION 5. That the City Clerk is authorized, instructed and directed through the
County of San Diego Registrar of Voters to procure and furnish any and all official ballots,
1
2
3
4
5
6
7
8
9
10
] 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
notices, printed matter and all supplies, equipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
SECTION 6: That the city shall reimburse the County of San Diego Registrar of Voters
for reasonable and actual election services performed when the work is completed and upon
presentation to the City of a properly approved bill.
SECTION 7: That the polls shall be open on the day of election between the hours
that the governing body determines, but not less than eight consecutive hours. The hours of
opening and closing the polls shall be specified in the notice of election, or shall otherwise be
the same as provided for general elections. Before the precinct board receives any ballots, it
shall cause it to be proclaimed aloud at the place of election that the polls are open,
pursuant to ElectioQ Code Section 10242, except as provided in Election Code Section 14401.
SECTION 8: That in all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 9: That notice of the time and place of holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form an d manner as required by law.
SECTION 10: That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
II
II
II
II
II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2 1
22
23
24
25
26
27
28
PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California on the 17th day of November 2015, by the following vote to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
Matt Halt Mayor
ATIEST:
Barbara Engleson, City Clerk
2
3
4
5
6
7
8
9
10
II
12
13
14
RESOLUTION NO. 2015-294
A RESOLUTION OF THE CITY COUNCIL OF THE Cl F CARLSBAD,
CALIFORNIA, IMMEDIATELY ORDERING A SPE L ELECTION, TO
BE HELD PURSUANT TO ELECTIONS CODE CTIONS 1410 AND
9237, TO BE CONSOLIDATED W ITH THE T SDAY, JUNE 7, 2016
STATEWIDE PRIMARY ELECTION, WHIC MORE THAN 88 DAYS
FROM THE DATE OF THE ORDER TO OLD A SPECIAL ELECTION
SHORE SPECIFIC PLAN SHALL
REGISTERED VOTERS OF THE
ION 9241, AT WHICH TIME
THE AGUA HEDIONDA SOUTH
OF CARLSBAD
EXHIBIT 3
WHEREAS, subsequent to the gust 25, 2015 City Council decision to adopt the Agua
Hedionda South Shore Specific Pia (Ordinanc,e No. CS-283 ("Ordinance")), a citizen-led
an Ordinance Passed by th
1tizens for North County, ci rculated
15 the referendum pe ion for signatures within t thirty days following the adoption of the
16
17
18
19
20
21
22
25
26
27
28
San Diego Registrar of Voters received the filed petition
from the records of voter registration, reviewed it to ascertain whether the petition was
gned 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. The certification indicated that the Registrar of Voters had ..
verified the referendum petition as sufficient under the provisions of Elections Code sections
9239 and 9240, and that it was signed by at least 10% of the registered (6,523 signatures)
I~
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
voters of the City of Carlsbad pursuant to Elections Code sec · n 9237. Elections Code
sections 9240 and 9114 provide that the City Clerk shall ce the results of the review of
the County of San Diego Registrar of Voters examina · n to the City Council at its next
regular meeting; and
WHEREAS, on November 3, 2015, the Ci Council adopted Resolution No. 2015-276
certifying the results of the Registrar of Vo rs sufficiency examination of the referendum
petition filed against the Agua Hediond outh Shore Specific Plan Ordinance (CS-283). The
effect of the certification is that 0 inance No. CS-283 is now suspended and the City
Council's adoption of Ordinance
body is required to either it it to the registered voters of the
City of Carlsbad for the' consideration; and,
WHEREAS, t City Council has reconsidered the Ordinance including options of
special election date; and placement before the
voters on the
... v•-.u....L.~s determined to place the referendum on a Tuesday,
7, 2016 election date and hereby requests consolidation with the County of San Diego
the Statewide Primary Election held on that date; and
WHEREAS, the City Council hereby authorizes the City Clerk and City staff to take all steps
necessary to assist in the placement of the referendum question before the Carlsbad voters
on the June 7, 2016 Statewide Primary Election Ballot.
2
3
4
5
6
7
8
9
10
11
12
13
14
IS
16
17
18
19
20
21
22
23
24
25
26
27
28
NOW, THEREFORE, BE IT RESOLVED by the City Council of th 1ty of Carlsbad,
California, as follows:
SECTION 1. That the above recitations are true and corr
SECTION 2. That pursuant to the requirements of ctions Code Section 13120 and
other applicable provisions of the Elections Code, the is called and ordered to be held in
the City of Carlsbad, California, on Tuesday, June 7 016, a Special Municipal Election for the
purpose of submitting the following question:
Shall Ordinance No. CS-283 of the Yes D
SECTION 3.
incorporated her
No D
· Or nance shall be on file with the City Clerk and a
o cost, to any voter requesting a full text of the Ordinance,
That the ballots used at the election shall be in form and content as
SECTION 5. That the City Clerk is authorized, instructed and directed through the
County of San Diego Registrar of Voters to procure and furnish any and all official ballots,
notices, printed matter and all supplies, equipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
20
2
3
4
5
6
7
8
9
10
I 1
12
13
14
15
16
17
18
19
20
21
22
23
24
2
27
28
SECTION 6: That the city shall reimburse the County of San Diego Registrar of Voters
for reasonable and actual election services performed when thew is completed and upon
presentation to the City of a properly approved bill.
SECTION 7: That the polls shall be open on the y of election between the hours
that the governing body determines, but not less tha ight consecutive hours. The hours of
opening and closing the polls shall be specified in e notice o.f election, or shall otherwise be
the same as provided for general elections. B ore the precinct board receives any ballots, it
shall cause it to be proclaimed aloud a the place of election that the polls are open,
ction Code Section 14401.
SECTION 8: That in all pa
held and conducted as provide by law for h
SECTION 9: That n tee of the time and pia f holding the election is given and the
City Clerk is authorize instructed and directed to give further or additional notice of the
II
II
ed by law.
y requests consolidation with the County of San
ry Election held on June 7, 2016.
ity Clerk shall certify to the passage and adoption of this
of original resolutions.
21
2
3
4
5
6
7
8
9
10
I I
12
13
14
15
16
17
18
19
20
21
22
23
24
2
27
28
PASSED, APPROVED, AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California on the 17th day of November 2015, by the followi
AYES:
NOES:
ABSENT:
Matt Hall, Mayor
ATIEST:
Barbara Engleson, City Clerk
(SEAL)
2
7
8
9
A RESOLUTION OF THE CITY COUNCIL OF T CITY OF CARLSBAD,
CALIFORNIA, IMMEDIATELY ORDERING SPECIAL ELECTION, TO
BE HELD PURSUANT TO ELECTIONS DE SECTIONS 1410 AND
9237, TO BE CONSOLIDATED WITH E TUESDAY, NOVEMB~R 8,
2016 STATEWIDE GENERAL ELECT N, WHICH IS MORE THAN 88
DAYS FROM THE DATE OF T ORDER TO HOLD A SPECIAL
ELECTION PURSUANT TO EL TIONS CODE SECTION 9241, AT
WHICH TIME ORDINANCE 0. CS-283 ADOPTING THE AGUA
HEDIONDA SOUTH SHOR PECIFIC PLAN SHALL BE SUBMITIED
TO A VOTE OF THE
CARLSBAD
EXHIBIT 4
10 WHEREAS, subsequent to e August 25, 2015 City Council decision to adopt the Agua
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
referendum petition was itiated. The referendu on is entitled, "Referendum against
WHEREAS, t , Citizens for North County, circulated the
"thin the thirty days following the adoption of the
County Registrar of Voters on September 25, 2015; and
of San Diego Registrar of Voters received the filed petition and,
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. The certification indicated that the Registrar of Voters had
verified the referendum petition as sufficient under the provisions of Elections Code sections
9239 and 9240, and that it was signed by at least 10% of the registered (6,523 signatures)
2
3
4
5
6
7
8
9
10
11
12
13
voters of the City of Carlsbad pursuant to Elections Code sectio 9237. Elections Code
sections 9240 and 9114 provide that the City Clerk shall certi the results of the review of
the County of San Diego Registrar of Voters examinati to the City Council at its next
regular meeting; and
WHEREAS, on November 3, 2015, the City uncil adopted Resolution No. 2015-276
certifying the results of the Registrar of Voter sufficiency examination of the referendum
petition filed against the Agua Hedionda S th Shore Specific Plan Ordinance (CS-283). The
effect of the certification is that Ordi nee No. CS-283 is now suspended and the City
Council's adoption of Ordinance No.
WHEREAS, pursuant to Ele ons Code Section 9237, t City Council as the legislative
14 City of Carlsbad for their c
15
16
17
18
19
20
21
22
23
24
25
26
27
28
placement before t
d the Ordinance including options of repeal;
date; and placement before the voters on
date for the City of Carlsbad. Under Elections Code
ust b more than eighty-eight (88) days after the election is
REAS, the City Council has determined to place the referendum on a Tuesday,
er 8, 2016 election date and hereby requests consolidation with the County of San
Die for the Statewide General Election held on that date; and
WHEREAS, the City Council hereby authorizes the City Clerk and City staff to take all
steps necessary to assist in the placement of the referendum question before the Carlsbad
voters on the November 8, 2016 Statewide General Election Ballot.
2
3
4
5
6
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Ca lifornia, as follows:
SECTION 1. That the above recitations are true and corr tt.
SECTION 2. That pursuant to the requirements of ections Code Section 13120 and
other applicable provisions of the Elections Code, ther. is called and ordered to be held in
7 the City of Ca rlsbad, California, on Tuesday, Nove er 8, 2016, a Special Municipal Election
8 for the purpose of submitting the following que ion:
9
10
1 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Shall Ordinance No. CS-283 of the C sbad City Council Yes D
adopting the Agua Hedionda Sout hore Specific Plan (203.4 D No acres east of the 1-5 freeway bet e
Lagoon an d Cannon Road), whi provides for 1 rease
open space acreage, public a ess to open space,
preservation of natural habi t and agri ulture on 17 .
acres and development of 85,000 squar feet of visi r-
serving co mmercial, dini , entertainment d recr. ational
. 7 acres be adopted?
f the ordinance submitted to the voters is
That the City Clerk is authorized, instructed and directed through the
of San Diego Registrar of Voters to procure and furnish any and all official ballots,
noti , printed matter and all supplies, eq uipment and paraphernalia that may be necessary
in order to properly and lawfully conduct the election.
2
3
4
5
6
7
8
9
10
1 I
I2
I3
I4
SECTION 6: That the city shall reimburse the County of San Diego Reg· trar of Voters
for reasonable and actual election services performed when the work is c
presentation to the City of a properly approved bill.
SECTION 7: That the polls shall be open on the day of
that the governing body determines, but not less than eight onsecutive hours. The hours of
opening and closing the polls shall be specified in the no e of election, or shall otherwise be
the same as provided for general elections. Before t e precinct board receives any ballots, it
shall cause it to be proclaimed aloud at the ace of election that the polls are open,
~~,.,...tlection Code Section 14401.
SECTION 8: That in all particular not recited in th
held and conducted as provided by Ia for holdi
SECTION 9: That notice o he time and place holding the election is given and the
I 5 City Clerk is authorized, instr cted and directed to give further or additional notice of the
16
I7
I 8
I9
20
2 I
22
23
24
25
26
27
28
II
II
II
II
II
SECTION 10: T
all certify to the passage and adoption of this
enter it into the book of original re solutions.
2b
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 oft City Council of the City of
Carlsbad, California on the 17th day of November 2015, by th ollowing vote to wit:
AYES:
NOES:
ABSENT:
Matt Hall, Mayor
ATIEST:
Barbara Engleson, City Clerk
(SEAL)
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
RESOLUTION NO. 2015-296
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING CERTAIN CITY COUNCIL MEMBERS TO
FILE A WRITIEN ARGUMENT IN SUPPORT OF ORDINANCE NO. CS-
283, PROPOSING THE ADOPTION OF THE AGUA HEDIONDA SOUTH
SHORE SPECIFIC PLAN
WHEREAS, an Election is to be held in the City of Carlsbad, California on Tuesday,
Fe bruary 23, 2016, for the purpose of submitting the following question:
Yes 0 Shall Ordinance No. CS-283 of the Carlsbad City Council
No 0
adopting the Agua Hedionda South Shore Specific Plan (203.4
acres east of the 1-5 freeway between the Agua Hedionda
Lagoon and Cannon Road), which designates 21.6 acres of
additional open space, for a total of 176.7 acres of open
space for public access, preservation of natural habitat, and
agriculture, along with development of 585,000 square feet
of visitor-serving commercial uses on 26.7 acres be adopted?
NOW THEREFORE, BE IT RESOLVED by the city council of the City of Carlsbad,
California, as follows:
SECTION 1. That the City Council authorizes the following City Council members:
Mayor Matt Hall Mayor ProTem Keith Blackburn
Council Member Michael Schumacher
Councjl Member Lorraine Wood Council Member Mark Packard
to file a written argument in support of the ordinance as specified above, not to exceed 300
words, accompanied by the printed name(s) and signature(s) of the author(s) submitting it,
in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of
2
3
4
5
6
7
8
9
10
California and to change the argument by the due date determined by the City Clerk in
conjunction with the County of San Diego Registrar of Voters and to be published on the City
website, after which no arguments for or against the ordinance may be submitted to the City
Clerk.
SECTION 2. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
II
II
II
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
II
II
II
II
II
II
II
II
II
II
II
II
II
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 of the City Council of the City of
Carlsbad, California on the 17th day of November 2016, by the following vote to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
ifd'd/1
Matt Hall, Mayor
ATIEST:
Barbara Engleson, City Clerk
(SEAL)
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2 1
22
23
24
25
26
27
28
RESOLUTION NO. 2015-297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING THE CITY ATIORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF ORDINANCE NO. CS-283 PROPOSING THE
ADOPTION OF THE AGUA HEDIONDA SOUTH SHORE SPECIFIC
PLAN
WHEREAS, an Election is to be held in the City of Carlsbad, California on Tuesday,
February 23, 2016, for the purpose of submitting the following question:
Yes D Sha ll Ordinance No. CS-283 of the Carlsbad City Council
No D
adopting the Agua Hedionda South Shore Specific Plan (203.4
acres east of the 1-5 freeway between the Agua Hedionda
Lagoon and Cannon Road), which designates 21.6 acres of
additional open space, for a total of 176.7 acres of open
space for public access, preservation of natural habitat, and
agriculture, along with development of 585,000 square feet
of visitor-serving commercial uses on 26.7 acres be adopted?
WHEREAS, the City Council desires to have an impartial analysis prepared showing the
effect of the ordinance subject to the referendum on existing law and the operation of the
ordinance.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, Ca lifornia,
as follows:
SECTION 1. That the City Council directs the City Clerk to transmit a copy of the above
referenced ordinance to the City Attorney.
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
SECTION 2. That the City Council does direct, pursuant to the provisions of Section 9280
of the Elections Code of the State of California, to prepare an impartial analysis of the ordinance
showing the effect of the ordinance subject to the referendum on the existing law and the
operation of the ordinance.
SECTION 3. That the City Attorney impartial analysis shall not exceed 500 words in
length. Below the Impartial Analysis, the Ballot Pamphlet shall include the language contained
in Elections Code Section 9280 informing the voter how to receive a copy of the Ordinance at
no cost.
SECTION 4. That the City Attorney impartial analysis sha ll be filed in the Office of the
City Clerk by the date set by the City Clerk for the filing of rebuttal arguments.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
II
II
II
II
II
II
II
II
II
II
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 of the City Council of the City of
Carlsbad, California on the 17th day of November 2015, by the following vote to wit:
AYES: Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
Matt Hall, Mayor
ATIEST:
(SEAL)
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 7
RESOLUTION NO. 2015-276
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORN IA, 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, ORDlNANCE
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 of the 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 Ca rlsbad 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.
-1-
----------------------··--··--··--
2
3
4
5
6
7
8 Ill .
9 Ill
10
Ill
11
12 Ill
13 Ill
14 Ill
15 Ill
16 Ill
17
Ill 18
19 Ill
20 Ill
21 Ill
22 Ill
23
Ill
24
25 Ill
26 Ill
27 Ill
28 Ill
SECTION 4.
SECTION 5:
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 of the city pursuant to Elections Code section 9237.
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.
-2-3S
----···--··--·------------·.-
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
2 of Carlsbad on the 3rd day of November, 2015, by the following vote to wit:
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
AYES: Council Members Hall, Blackburn, Schumacher, Wood, Packard.
NOES: None.
ABSENT: None.
MA TI HALL, Mayor
ATIEST:
{SEAL)
<1Iounttt of ~ttn Jf:li£gn
REGISTRAR OF VOTERS
County Opcrahons Center Campus
MICHAEL VU
Hog .. ~ar ol Votora
5600 Overland Avenue. Suo1c 100. San Or~o. Calotom•a 92123·1268
Tetepllone (858) 565-5000 Toll·free 1 (800) 896-0136 TOO (858)69-4·3.4~1
October 27, 2015
Barbara Engleson, City Clerk
Ci ty of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Facsimile· (858) 694-2955 Web Address ~~:Ct~lU!lXQ~
EXHIBIT A
CYNTHIA L. PAES
AI .. Siant ROQiSVa< of VOIOII
Re: Refere ndum 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, 2015. As directed by your office, we have conducted a verification of
6,523 valid signatures of 9,095 signa tures submitted. Results of the verification process are as
follo ws:
• Numher of sections submitted ............................................................................................................... 254
• Number of signatures submitted ...................................................................................................... 9,095
• Number of signatures verified ........................................................................................................... 8,052
• Number of signatures fou nd sufficient ........................................................................................... 6,523
• Number of signatures found NOT sufficient. ................................................................................ 1,529
(Includes 49 duplicates and 11 3 matched withdrawn signatures)
• Number of signatures required ......................................................................................................... 6,523
• Number of regi~tered voters in subject territory .................................................................... 65,221
(Secretary of State Voter Report of February 10, 201 5)
If you have questions, please contact Michael Vu at (BS8) 505-7201 or Norma Westbrook at
(858) 505-7302.
c·-. ·.'\ /
~~~. L..f?MiCAEL VU
Regislrar of Voters
37
EXHIBIT 8
ELECTION COST ESTIMATES AND ASSUMPTIONS PROVIDED BY THE COUNTY OF SAN DIEGO
REG ISTRAR OF VOTERS
Special Election:
The cost projection for a stand-alone special election is $450k -$550k. With a stand-alone
election the jurisdiction pays 100% of the cost. If this type of an election is called, the County of
San Diego Registrar of Voters will reevaluate the cost projection after the major scope of the
election is known, including the number of voting precincts, props, poll workers, polling places,
etc. The figures provided are a projection based on past elections that were similar in size and
scope.
The Elections Code sets limitations on when a special election may be he ld (Elections Code
Sections 1410 & 9241). The special election must be held on a Tuesday and it cannot be held
for at least eighty-eight {88) days after it is ordered by the City Council. If the City Council
orders a special election on November 17, 2015, the eight-eight (88) days falls on Saturday,
February 13, 2016, with the first Tuesday after that date being February 16, 2016. However,
February 16, 2016 immediately follows President's Day, a California State holiday (Monday,
February 15, 2016), and no election shall be held on the day before, the day of, or the day after
a state holiday (Elections Code 1100). As a result, the earliest Tuesday that a special election
could be held is on February 23, 2016. This st ate holiday limitation also affects Memorial Day
(Monday, May 30, 2016), such that a special election could not be set for Tuesday, May 31,
2016. Except for the Tuesday requirement, the eighty-eight day limitation, and the state
holiday limitation (day after President's Day and Memorial Day), there are no other known
scheduling limitations at t his time affecting when a special election can be set, as the Ordinance
is suspended and of no force or effect un less approved by the voters.
June 7, 2016-Statewide Primary Election:
The cost projection is $35k-$50k. This amount is qualified and may increase due to the fluidity
of what contests will ultimately appear on the June 7th ballot. Because election costs are
shared among participants in a consolidated election, the following are assumptions in deriving
the above cost projection:
1) The amounts reflect those jurisdictions who have requested election cost projections for
the respective election. It is unknown whether the jurisdiction(s) will formally request
the contest(s) to be on the ballot;
2) The amounts reflect the registered voters as of October 1, 2015 (61,453);
3) Using past elections, we estimate there will be five (5) of 30 judicial seats that will be on
the June 2016 ballot;
4) We are estimating two (2) state-wide props on the June 2016 ballot;
5) We are not expecting any new language requirements in 2016;
6) There will be new contracts in place for translation services, ball ot printing, temporary
workers, and sample ballot pamphlet printing services which could impact the cost. The
new contracts will be in place by January 1, 2016.
November 8, 2016 Statewide General Election:
The cost projection is $22k-$45k. This amount is qualified and may increase due to the fluidity
of what contests will ultimately appear on the November gth ballot. Because election costs are
shared among participants in a consolidated election, the following are assumptions in deriving
the above cost projection:
1) The amounts reflect those jurisdictions who have requested election cost projections for
the respective election. It is unknown whether the jurisdiction{s) will formally request
the contest{s) to be on the ballot;
2) The amounts reflect the registered voters as of October 1, 2015 {61,453);
3) Using past elections, we estimate there will be two {2) of 30 judicial seats that will be on
the November 2016 ballot;
4) We are estimating 12 state-wide props on the November 2016 ballot;
5) We are not expecting any new language requirements in 2016;
6) There will be new contracts in place for translation services, ballot printing, temporary
workers, and sample ballot pamphlet printing services which could impact the cost. The
new contracts will be in place by January 1, 2016.
NOTE: The Registrar of Voters assign election costs in a consolidated election through the use
of a weighted average method. This attributes costs to each jurisdiction based on the number
of contests; the number of registered voters; and the number of sample ballot pages. The
number of participating jurisdictions and number of contests will be known after the ggth day
before the respective election. The actual costs are likely to vary depending on how many
jurisdictions participate. The figures provided are a projection based on past elections that
were similar in size and scope.
RICK J. CARUSO
CHIEF EXECUTIVE OFFICER
November 17, 2015
Mayor Matt Hall
Carlsbad City Hall
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor Hall,
C ARUSO
AFF ILIATED
. ,d Receive -Agenda Item # 1 ~
For the Information of the:
CITY COUNCIL
ACM V CA v--GC v .. Date1~City Manager V. ·
I wanted to make you aware that I will personally be unable to attend the City Council meeting this evening
when you consider the date for an election on the Agua Hedionda Lagoon sp·ecific Plan. Matt Middlebrook,
our Executive Vice President of Development, Rick.Lemmo, Senior Vice President Community Relations
and Bryce Ross our Vice President for Development and the Project Manager will be in attendance to
repre~ent our company.
I regret this conflict and am sorry I will not be able to attend the meeting myself as this project is of the
highest priority for me and our company. I unfortunately had scheduled a community meeting in Pacific
Palisades before the Council meeting date was set and I was unable to reschedule the meeting.
As you are well aware-l we have worked closely with the community for over three years and Carlsbad has
broadly embraced our plan. More than 20,000 Carlsbad residents signed petitions in support of the plan
which would have compelled a spe~ial election on the project before the end of this year. However, in
August we were grateful for the City Council's unanimous vote to adopt the plan.
The referendum to overturn the City Council's action will now be before you this evening. Since the plan,
based on the 20,000 signatures was entitled to a special election, and due to the very high level of interest
in the plan throughout the Carlsbad community, we would respectfully urge you to place the plan on the
ballot for a vote by the citizens at the soonest possible date. If the election is delayed until June, or even
November, that will be a 10-15 month delay from the date the plan was originally adopted and a 6-12 month
delay from when it would have been placed on the ballot if the Council had decided to call for a special
election in August. That would be an unnecessary delay on an issue that the community is clearly interested
in seeing resolved. We also believe that it is in everyone's best interest to determine the future of this plan
sooner than later.
Thank you for your consideration, and we look forward to a strong and continuing relationship with the
Carlsbad community.
Sincerely,
Date: Ji/1 7 /r s=
Dlstrtb n: . · 1
City Cl8rk t/"
Asst. City Clerk (/"
Deputy Clerk
Book __,
I 0 I THE GROVE DRIVE • LOS ANGELES, CA 90036 • T 323.900.8100 • F 323. 0.8104 • WWW.CARUSOAFFILIATEO.COM
All Receive -Agenda Item # ~
For the Information of the:
CITY COUNCIL
ACM V CA _:Lcc V Liz Kruidenier Date ~City Manager \/
3005 Cadencia-St., Carlsbad, CA 92009
Dear Carlsbad City Council Members,
As a 24 year resident active in seeking to keep our
beautiful City by the Sea as 21 st Century as it can be
with r~spect to quality decision-making for our residents,
our environment and our business community I would
endorse:
1. Seeking always to use all the Best Practices set in
place for project approvals and encouraging
developers to do the same.
2. Rescinding the City Council vote for the 85/15 Caru&o
Plan.
3. Asking Caruso to respect Carlsbad's building codes to
keep in place all the safety protections its "magic
places" deserve by resubmitting their plans to the
regular approval process or to a vote at the time of
elections.
4. Starting to appreciate all the special environmental
gifts Carlsbad has been given and to make plans to
preserve them so that our c_hildren and grandchildren
will be able to enrich themselves not at another Mall
· but on the natural delights of a Lagoon that has
suffered too much and is a centerpiece of ou r City.
5. Taxing your imaginations above the humdrum and
envisioning for this area something t .
that will bring Carlsbad together and ~tS·~· ~· ~al=trl.l-,LUJD
(1_ .. , t t 0/J l.;t(' , Dlstri ution: o l f)~eJ.Q. J~ I-t 2. .. A-· ) (lJJ ity Clerk
Asst. City Clerk
Deputy Clerk
Book
November 12, 2015
Honorable Mayor Matt Hall and City Council Members
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor and Council Members:
The matter of the Caruso Affiliated will soon appear before you for consideration.
We realize that by now, you collectively probably wish this business would some
how fade away. It is important, however, for your Council to take heart in the
following observations:
• You were all elected by a majority of the voter/citizens of Carlsbad, who
continue to support and rely on your leadership.
• The urgent clamor by a minority of citizens opposing the proposal
and requesting a citizen vote, should be responded to with an equal
urgency fpr the majority of citizens who support the proposal and who
urge a special election as soon as possible.
• The cost of a special election can be offset by eliminating any further
delay in the approval or denial process. Ballot costs will be more than
made up by the earlier start of tax revenue generation for the City, or in the
case of voter denial, the sooner Caruso Affiliated can decide a follow up
course of action.
We are confident this project will provide jobs, trails, useable open space, new
tax revenues, sustainable agriculture, and long sought environmental solutions to
sensitive areas around the Aglia Hedionda Lagoon. The project brings value to
Carlsbad on multiple fronts, and far outw~ighs any negative vitriol heard so far.
The benefits to our great City will be enjoyed for many years to come .
Sine~~· •
Bill and Bonnie Do~
4378 Adams Street, Carlsbad CA 92008
Morgen Fry
From:
Sent:
To:
Subject
Im portance:
Mayor Hall and Council Members,
Jerry Miller <jmillerhsg@att.net>
Tuesday, November 17, 2015 10:15 AM
Council Internet Email
Vote on 85/15 Plan--Please Use Caution
High
As you know, I've been a vocal supporter of the 85/15 plan for many months.
The more I learned about the executives involved in the 85/15 Pian, the more concerned I am about their motives. For
example, l_'ve asked them repeatedly to treat Carlsbad residents and our City Council with more respect and to be more
open and honest with residents. I've sent specific suggestions to Rick Caruso and others. To date, I just haven't see any
change. I backed away from being one of the Core Support Group 2 months ago. !"have no axe to grind, it's just that are
purposely hiding certain information in order to win "the campaign".
It appears that this is a good plan, but I have little trust they will execute as promised.
Please consider TRUST, BUT VERIFY in this situation. Obtain, in .writing, answers to the questions the community
has. Don't take their word without written verification of their promises.
Respectfully,
Jerry Miller
Carlsbad Resident
6093 Paseo Carreta
Carlsbad, CA 92009
760-518-7324
\
1
November 17,2015
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: AGENDA ITEM #22,149 -CITY COUNCIL HEARING -11/17/2015
Mayor and Council Members:
. ,;1 Receive -Agenda Item # I ·~
For the Information ofthe:-
CITY COUNCIL
ACM _L_ CA ~C v-'
Date ~ City Manciger L_
As the former Planning Director for the City of Carlsbad, my initial concern with the Agua Hedionda
South Shore Specific Plan(AH-SP) was that it did not go through the normal process of comprehensive
staff, public and environmental .review that every other project that has been built In the city was
required to go through. My experience is that this comprehensive process always resulted In a higher
quality, more environmentally sensitive project. It is my feeling that Carlsbad's stringent review process
is In part what makes Carlsbad such a wonderful, quality community. I was disappolnte<t because the
project's developer re~orted to the Initiative approach in order to avoid the city's normal process. Since
the City Council approved the initiative and the project, I then decided to read the entire initiative and
the AH-SP and now have a number of issues and concern regarding the project itself. Here are a few of
my major concerns:
(1) The AH-SP claims to be a visitor-serving development, however If you compare the land uses
permitted by the plan (AH-SP-Page Q-50) and the definition of visitor-serving uses contained in the city's
zoning ordinance and the most recently adopted General Plan Update, it does not appear to meet the
definition. Besides department stores, the AH-SP allows uses like home furniture stores, hardware
stores, banks, gyms, movie theatres, and electronic sales stores, etc .. The permitted uses are more
likened to a regional shopping center and that Is what I believe is being proposed by this development.
(2) A regional shopping center is not appropriate and is too intense for the subject property upon
which the development is proposed. The property is highly constrained with major power transmission
lines bisecting the site, proximity . to the lagoon and very limited vehicular access. During my
employment with the city, It was envisioned that this site would be developed with a low-intensity
visitor-serving use and not with what is essentially a regional shopping center. By way of comparison,
the existing Plaza Camino Real Regional Shopping Center (Westfield) in Carlsbad contains 90 acres and
Includes approximately 1.1 million sq. ft. of retail space or 12,222 sq. ft. of retail space per acre. The AH-
SP proposes 590,000 sq. ft. of retail space on approximately 27 acres or 21,000 sq. ft. per acre. It Is
nearly twice as Intense as the existing Plaza Camino Real Regional Shopping Center on a much more
constrained property.
(3) The AH-SP project does not meet several city standards includh1g parking and Intersection spacing
standards. This is even acknowledged In your 9212 Report. How much it deviates from these standards
is not Identified. The AH-SP proposes 4 parking spaces per 1000 sq. ft. of retail space. City ordinances
require 5 parking spaces per 1000 sq. ft. of retail sp·ace and even more ~ r res
that this project does not have adequate parking for the uses being propo fhlte: { f /J (:, (r s;-.
· Distribution: 7
C_ity Clerk ~
Asst. CJty Clerk· v
:DepUty Clerk
Book /
November 17, 2015
Agenda Item #22,149
Page 2
(4) The AH-SP specifically excludes this project from every standard and procedure that applies to
every other property in the city and that previously applied to the subject property. It Is creating Its own
standards and procedures which will only apply to this project and nowhere else In the city. Initiative
Page 1.5.4 states that this "Specific Plan shall fully replace and supersede all those provisions of the
Carlsbad Municipal Code and other applicable rules, regulations or policies of the City". Page 1.5.7
exempts the project from the normal storm water provisions and Page 1.5.6 exempts the project from
grading permit requirements. The AH-SP provides its own set of standards for storm water and grading
protection but if they equal or exceed city standards, why does the AH-SP need t~ exempt the project
from the standards that apply to all other projects in the city? These provisions need to be further
analyzed in greater detail.
(5) The AH-SP contains a termination clause for the portion of the property covered by the dty's Hub
Park lease. It also contains a termination clause for the public beach access lease across the subject
property where the project Is being proposed. The long-term ramifications of these lease terminations
on the community have not been publicly discussed and identified.
(6) The supporters of the AH-SP project (85/15 Plan) have stated that they support the project in part
because it increases the amount of open space that was previously protected by the citizen approved
Proposition D. However, in reviewing the conceptual site plan, this appears not to be the case. The
majority of the additional 21 acres Is located underneath the major SDG&E power transmission lines and
cannot be developed In any case. In addition, the project proposes parking for the shopping center In
this open space area (AH-SP Page Q-48). The conceptual plan shows that the remaining additional open
space Is proposed to be developed with a restaurant and a produce market. It Is my opinion that this
project does not provide any more open space than what was provided under the previously-approved
Proposition D.
(7) The traffic analysis for the project Indicates that it will generate more traffic than was originally
projected when the Local Facilities Management Plan was done for the area in which the project Is
located in accordance with the city's Growth Management Plan. More importantly, Is the limited access
available to the project site and the fact that proposed accesses to the site do not meet the city's
standards for intersection spacing. The westerly exlt·only driveway Is located In very close proximity to
the north bound 1-5 on-ramp onto the freeway. I don't believe that this impact and other traffic impacts
have been adequately addressed.
I believe the City Council should adopt Option 1 of Agenda Bill #22,149 and rescind your previous
approval of the project and require it to go through the same comprehensive staff, citizen and
environmental review as every other project that has been approved and built In the City of carlsbad.
i Mic~~lzy~l~) ta2A :
'11blJ '{tuqBCl ;
~o.')R :
Morgen Fry
From:
Sent:
To:
Subject:
PAULA NISWANDER <paulaniswander@gmail.com>
Monday, November 16, 2015 10:48 AM
Coundl Internet Email
Caruso Project
I am writing to support a special February election to vote on the Caruso project. It is appalling that the
council's decision, which represented the majority of Carlsbad residents, has been overturned.
This election should be held as soon as possible to get on with the building of this fabulous center. Please do not
allow a small minority of activists to delay the completion of this wonderful gathering place any further. Caruso
is a great developer an9 what we get in the future in that location could be devastating.
Thank you,
Paula Niswander
7025 Marsh Wren St
Carlsbad, CA 92011
Paula Niswander
760-815-6141
paulaniswander@gmail.com
1
Batiquitos Lagoon Foundation
Preserve, Protect, and Enhance
Mayor and City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad,CA 92008-1949
November 6, 2015
Sent via email
Subject: Position on Agua Hedionda Lagoon Specific Plan Referendum
Dear Honorable Mayor and City Council:
On Tuesd.ay, November 3rd, you certified the San Diego County Registrar of Voters referendum
signatures determination, recognizing that the minimum verified number of registered Carlsba·d voter
signatures of at least 6,523 had been met. The three-week effort of over 100 volunteers collected 9,095
signatures of which 8,052 were deemed valid (49 duplicates and 113 were requested to be withdrawn).
This effort was a fine example of democracy at work and a testament to the fact that peopte·can have a
say in key community decisions. ·
At Tuesday's meeting, you indicated your intent to schedule a City Council meeting on Tuesday,
November 17, 2015, to formally address your options and make a decision. The options are: (1)
withdraw you previous decision (the project is canceled and cannot be resubmitted for at least one
year); (2) conduct a special election (estimated to cost between $300,000 and $500,000); or (3) include
the issue as a ballot initiative in the November 2016 general election (cost being determined, but less
than holding a special election).
The position qf the Batiquitos lagoon Foundation (BLF) is that we prefer the withdrawal of the previous
decision and associated ordinance, hopefully where the developer would fall back to the.traditional
process, including full California Environmental Quality Act (CEQA) compliance. If, however, you decide
to approve the ballot initiative option, our position is that it be held"during the general election in
November 2016 which would be the least cost to the Carlsbad taxpayers, allow for more ca reful review
of project documents, and Jetting Carlsbad voters decide the issue.
Thank you for considering our position.
s:y•iv, ~i~L..-~~,.,.
President
P. 0 . Box 130491 Carlsbad, California 92013-0491 • 760.931.0800 • www.batiquitosfoundation.org
Kira Linberg
From:
Sent:
To:
Subject:
To everyone at the City Hall,
mybestkids dslextreme.com <mybestkids@dslextreme.com>
Monday, November 16, 2015 11:32 AM
Help
Caruso Project
I would like to go on record t~at not all Carlsbad residents want the Caruso project!! I am very
concerned with the water conservation, traffic flow, the open space, and the fact that we DON'T need
another mall. There are many empty store fronts at the Forum, Westfield Mall, and La Costa Town
Center. I don't want Carlsbad to turn ihto another Orange County, wall to wall shopping malls. That
is not the Carlsbad that-we the residents moved here for.
I realize everything is "follow the money". I can tell you that the over $5 million spent to get this mall
off the ground only shows that.
Why is it the city council, especially Matt Hall; was so quick to help Caruso get this thing passed
without going through a standard process thbt_has served .Carlsbad well. And now they are
considering paying for an election to benefit one-cteVeloper and "poor Jimmi' the strawberry farmer.
I urge the City Council to put the people of Carlsbad, and all of North County, first. That is why they
were elected! Rescind the approval and have Caruso do his project the right way.
___ SinceLclY-,·--------------------------------------------------------------------
Kim Krebs
PS Please forward this email to all city council members.
1
Morgen Fry
I
Subject: FW: Opposed to special election for 85/15 Plan -please forward to city council
From: Kathy Combs [mailto:combs.kathy@gmail.com]
Sent: Monday, November 09, 2015 7;57 AM ' To: Gary Barberio
All Receive -Agenda Item # lg
For the Information of the:-
CITY COUNCIL
ACM vCA ~CC ~
Date -City !Y'Ianager 7
Subject: Opposed to special election for 85/15 Plan -please forward to city council
Dear Mr. Barberio,
I am writing to say I am very much opposed to a special election for the 85115 plan. I find the idea of spending
nearly 500k of the taxpayers' money for this type of project most offensive and an improper use of the funds. I
am disgusted by the behavior from Caruso Affiliated, who has made every attempt to blinciside the residents. A
special election would benefit the developer, not the Carlsbad residents. We need time to review the project and
get the facts.
This issue should be placed on the Nov 2016 ballot.
Thank you.
Kathy Combs
7149 Lantana Terrace
Carslbad, CA 9201 1
1
Date: l \ /! 6/tS' Distributio~: 1
City Clerk
Asst. C~ty Clerk
DepUty Clerk
Book
Morgen Fry
Subject: FW: November 16 election
-----Original Message-----
From: lynn m alley [mailto:lynnalley@me.com]
Sent: Tuesday, November 10, 2015 11:59 AM
To: Gary Barberio
Subject: November 16 election
Dear Mr. Barberio,
I am writing to request that the vote regarding the proposed development/mall (Caruso, developer) be included in the
regular November 16 election, rather than placed on a special election.
Thank you.
Lynn Alley
7147 Lantana Terrace
Carlsbad, CA 92011
-. ·-----·--·--·------·
.
l . r
t._ - -..
•o;.: :~ j
I
:not
>H ~JO \{11J I
Jt·,e~~J v n~ .taa I
lh~I:J ·~tuf~':-Q
>too8 1
-----------I
1
Morgen Fry
Subject: FW: Opposed to special election for 85/15 Plan -please forward to city council
From: Ralph Berry [mailto:raloh.berry@gmail.coml
Sent: Tuesday, November 10, 2015 8:49 AM
To: Gary Barberio .
Subject: Opposed to special election for 85/15 Plan -please forward to city council
Dear Mr. Barberio,
I am writing to say I am very much opposed to a special election for the 85/15 plan. I find the idea of spending nearly 500k of the taxpayers'
money for this type of project most offensiye and an improper use of the funds. I am disgusted by the behavior from Caruso Affiliated, who
has made every attempt to blindside the residents. A special election would benefit the developer, not the Carlsbad residents. We need time to
~~~~~~~~~. .
This issue should be placed on the Nov 2016 ballot.
Thank you .
. ·
1
Morgen Fry
From:
Sent:
To:
Subject:
klaus@roadrunner.com
Friday, November 13, 2015 7:15 AM
Council Internet Email
85/15 Plan
Dear Mayor Hall, Councifmembers Blackburn, Packard, Wood and Schumacher
In no way do I envy your situation as you are faced with making a decision on whether or not to call for a special election
on the referendum regarding the 85/15 Plan or to defer it until November 2016 (General election).
As a firm supporter of the Caruso project, I would prefer to see a special election on this it em in late February of next
year so that we, the voters of Carlsbad, can decide its fate once and for all. Even though, there is the matter of the
expense of such an election (estimated to be about one half a million dollars), it should be made clear to us all that this
election was requested by the opponents of the 85/15 Plan and that they should accept responsibility for this expense.
To delay the vote in this matter until November 2016 is vastly unreasonable even though it is the main reason of the
opposition. They want to see this project delayed as much as possible in the hope that Caruso Affiliated might give up
and withdraw its application. ·
On August 25 of this year, you voted to approve the 85/15 Plan based on its merits and findings by City staff and
consultants; in other words on facts. The opposition has only voiced personal opinions and made em~tional, sometimes
hysterical, claims that should not win out with a project of this significance.
A special election date in late February would allow adequate time for campaigning for and against this project. I do not
consider December a month of great debate and would not see an uptick for campaign activity until January. Since many '· voters might call for absentee ballots, late February would be a good time for the election date.
I submit my suggestion with great admiration for your courage to make this decision come next Tuesday evening. I look
forward to seeing ypu there and will accept your decision, whatever it may be.
With highest regards,
Klaus Kirchhoff
1
Morgen Fry
From:
Sent:
To:
Subject:
cmchavez@pacbell.net
Sunday, November 15, 2015 12:15 PM
Council Internet Email
pro-85/15 plan ... and more
Again-a note to let you know our family supports any decision the council makes in going forward to approve the 85/15
plan. Just received an email from Preserve Calavera urging people to speak up at Tuesday meeting against the council
and the 85/15 plan. Cannot understand why they keep referring to the "pristine" lagoon when we have jet skis churning
up the waters and leaking gas into the lagoon and hundreds of homes lining the other side ..... still a nice lagoon but
hardly warrants the description they portray as a quiet, pristine clear, quiet lagoon. give me a break .... also, I attended
The Christmas Tree lighting at The Grove last night-absolutely incredible! I! We could only be so fortunate as to have Mr.
Caruso's project reside in the community. Please, move forward with any decision you need to to approve this project.
You have our vote!!
The Chavez Family
1
Morgen Fry
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Hello City Council,
Jasanna Maher <jasannawalt@me.com>
Monday, November 16, 2015 8:03 AM
Council Internet Email
Water Rates
Follow up
Completed
I sent a protest to the city clerk. Here's why.
There are many in Ca rlsbad who are conscientious about conserving water and there are those who are not. Those of us
who do conserve water should not be subsidizing the high water users. The lowest tier should stay at the same rate to
encourage continued water conservation, a 4th tier should be imposed after 30 unites of water are used to pay for the
water increase.
The monthly delivery charge (meter tax) should stay the same. The water department has spent millions of dollars
installing all new radio meters in the last few years. Surely, this is a one time expense, since all the old meters have _now
been removed.,
What has happened to the over charges of water that the MWD put one us in the past? Do we get a return?
Thank you,
Walt Meier
P.S. In regards to spending 1/2 million$ for a special election. Think of this as an investment for a return of $25 million
in 10 years. Wall street would go ape over an investment like this.
.-..... 1
Morg~n Fry
From:
Sent:
To:
Subject:
Dear City Council,
Rob Mayers <robmayers@gmail.com>
Sunday, November 15, 2015 11:03 AM
Council Internet Email
The residents have spoken ... Obvious choices now for June 7 or Nov 8
Well, we're now back to where we started, and the vote is back to the people as it was intended. Now with
another decision in your hands, you have a second chance to do the right thing for your constituents, the ones
who want to trust that you are looking out for the best interests of Carlsbad Residents.
' .
According to Today's UT article by Phil Diehl,
At least three different election options are possible if the initiative goes before voters.
The first would be a special election, which could be held no sooner than Feb. 23. The county registrar of '
voters has said that would cost be(!Yeen $45 0, 000 and $55 0, 000, and that the city would be responsible for 100
percent of the cost.
. The second option would be the June 7 statewide primary election. Placing the measure on that ballot would
cost Carlsbad between $35,000 and $50,000.
The final possibility would waiting until the Nov. 8, 2016, general election, which would cost between $22,000
and $45, 000.
So, the obvious choice for us tax-payers would be to pick either the June 7 primary or Nov 8 general
election. It makes absolutely no sense to add a special election in 2016. Three trips to the ballot box in one
year would be careless and wasteful spending of our tax dollars. Plus, a few months is not going to make a
difference. ·
We have only one chance to do this right. Of course, the obvio~ concern to all the locals with the Agua
Hedionda Lagoon Project is the ambiguously large size and scope of the mall portion ofthis project (Seems to
resemble the 2008 decision tQ pass the La Costa Town Square project and ignoring the locals effort, which was
not objecting the development, but, just wanting to downsize it. Now, we have before us just another boring
shopping center with such expensive rents where only large corporate chains can afford). Don't make the same
mistake again.
Ideally, you should send the project back to Caruso and downsize it. According to Caruso Affiliated, Rick
Caruso is a Philanthropist with a lot ofinoney, so if he truly is interested in. a lasting legacy here on top our our
lagoon, then it wouldn't be a giant superficial, high-end, shopping mall of the bygone days of brick-and-mortar
retail. What happens in 20 years when this dinosaur mall goes the way of Westfield on top of the once pristine
lagoon? What do you want your legacy as City Council to be?
Do everyone a favor, save us hundreds of thousands of dollars and either pick the June 7 or Nov 8 dates
for public vote or send the project back to Caruso. Allow him to downsize the project and improve its
environmental impacts and reduce negative externalities that we have to live with. Have Caruso come back to
us with a better plan that truly represents his philanthropy and the local beach culture of Carlsbad.
1
Thank you,
Rob Mayers
7803 Calle Lomas
Carlsbad, CA 92009
2
The Agua Hedionda South Shore
Specific Plan Initiative
Gary Barberio, Assistant City Manager
Nov. 17, 2015
Overview
•Process History
•Initiative process
•Referendum process
•Property History
•Proposed Specific Plan
•Council consideration
2
City Council Action Options
1.Repeal Ordinance No. CS-283
2.Order a special election to be held on City Council
selected date in 2016
3.Order a special election to be held on June 7,
2016
4.Order an election on Nov. 8, 2016
3
Citizen Led Initiative Process
•Notice of Intent (May 12, 2015)
•Request “9212 report” (May 19, 2015)
•Ballot Title and Summary (May 26, 2015)
•Publish in newspaper and file affidavit (May 28, 29)
•Collect petition signatures (May 29 –July 7)
4
Citizen Led Initiative Process
•Submit signed petition to City Clerk (July 8, 2015)
•Complete 9212 report (Aug. 7, 2015)
•Registrar of Voters verification (Aug. 13, 2015)
•Certificate of Sufficiency (Aug. 18, 2015)
•Council action to approve Ordinance No. CS-283 (Aug. 25, 2015)
5
Citizen Led Referendum Process
•Submit Referendum Petition to City Clerk (Sept. 24, 2015)
•Registrar of Voters verification (Oct. 27, 2015)
•Certificate of Sufficiency (Nov. 3, 2015)
•City Council Action on Referendum (Nov. 17, 2015)
6
Property History
•Privately owned (SDG&E)
•Leased for farming uses for over 50 years
•Western 48.3 acres designated visitor-serving
commercial since at least 1982
•Eastern 155.1 acres designated open space
7
Property History
Proposition D
•Passed by voters in 2006
•Preserved open space, but no provision for public access or
maintenance
•Preserved strawberry fields as long as “financially feasible” for land
owner
•Did not affect existing 48.3 acres of visitor-serving commercial
property
8
9
The Agua Hedionda South Shore Specific Plan
•Approximately 203.4 acres of land
•Located east of I-5, between AH Lagoon and Cannon Rd
–26.7 acres (15%) allows for up to 585,000 square feet of new
shopping, dining, entertainment uses
–176.4 acres (85%) for open space, including farming, passive
recreation, public access trails, habitat preservation
11
Proposed Land Use
Current Land Use
12
13
AGUA HEDIONDA LAGOON
EAG.OS
t::J $ploc:T.c """'eo ..... ..,
= ..,..Hiottlldoel'-CIVOI'"*IC>ed'
[=1500&1! -~~·
.......... cp.ns-DMd~llon
-~-Land Use Designation
-~t ~--Ooon 5pil08 (HNP~) (7'5. ACfi>O)
~ P-~~~ Speco f'~S)~HIItw~Hob!aR-(.It ~-~
-bc..,_AgnaJ ..... 01-SpK<e (t!AG.OS) !d ,..._,
~ 6111'181 Clperl SpEe ~I (lll 0-1
D ~ Colrmon:iol fV3C1 (2'1 7 --.j
land UM Overi.Jy
City Council Action Options
1.Repeal Ordinance No. CS-283
2.Order a special election to be held on City Council
selected date in 2016
3.Order a special election to be held on June 7, 2016
4.Order an election on Nov. 8, 2016
14
Option 1
•Introduce Ordinance No. CS-288, repealing Ordinance
No. CS-283 and rescinding the Agua Hedionda South
Shore Specific Plan in its entirety
15
Option 2
•Adopt Resolution No. 2015-293 immediately ordering a
special election to be held on Tuesday, ________, 2016,
a date set by the City Council that is more than 88 days
from the date of the order to hold a special election.
–Earliest available date is Tuesday, Feb. 23, 2016,
–ROV estimated cost of $450K to $550K
16
Option 3
•Adopt Resolution No. 2015-294, immediately
ordering a special election, to be consolidated with
the Tuesday, June 7, 2016 statewide Primary Election
–ROV estimated cost of $35K to $50K
17
Option 4
•Adopt Resolution No. 2015-295, immediately
ordering an election, to be consolidated with the
Tuesday, Nov. 8, 2016, statewide General Election
–ROV estimated cost of $22K to $45K
18
Options 2, 3 & 4
•Consider Adopting:
–Resolution No. 2015-296, authorizing certain City Council
Members to file a written argument in support of
Ordinance No. CS-283
–Resolution No. 2015-297, directing the City Attorney to
prepare an impartial analysis of Ordinance No. CS-283
19
Options 2, 3 & 4
•Consider Ballot Title:
“Shall Ordinance No. CS-283 of the Carlsbad City Council adopting the
Agua Hedionda South Shore Specific Plan (203.4 acres east of the I-5
freeway between the Agua Hedionda Lagoon and Cannon Road), which
provides for increased open space acreage, public access to open space
and preservation of natural habitat and agriculture on 176.7 acres and
development of 585,000 square feet of visitor-serving commercial,
dining, entertainment and recreational uses on the remaining 26.7 acres
be adopted?”
•City Council directed alternative text
20
Questions
21
“Plan-Level” Document
•Establishes land use and regulatory framework
for future site development plan
•Not at the project level
–Engineering, architecture plans to follow
22
Voluntary Measures
•Plan based on 3 ½ years of public input
•Community meetings, tours
•Developing about half of acres allowed
–Rest converted to open space
•Comprehensive, CEQA-like environmental analysis
–Voluntarily provided
23
Voluntary Measures
•$10 million to 16.5 million in improvements
to/maintenance of open space
–Trails, picnic areas, look outs
•Habitat management
•Ensuring continued agriculture
•Protected and funded in perpetuity
24
9212 Report
•Typically requested when Certificate of Sufficiency
is presented to City Council
•30 days from Certificate of Sufficiency to
presentation of report
•Requested May 19 to allow more thorough review
•Completed Aug. 7
25
California Elections Code 9212
Allows City Council to request a report (9212 Report) examining
impacts such as:
26
5.Business & employment attraction and
retention
6.Use of vacant parcels
7.Agricultural lands, open space, traffic,
developed areas
8.Other areas as determined by City
Council
1.Fiscal Impact
2.Internal consistency of the city's
general and specific plans
3.Land use, local and regional
housing needs
4.Funding for infrastructure of all
types
Environmental Analysis Report
•Aesthetics
•Ag and Forest Resources
•Air Quality
•Biological Resources
•Cultural Resources
•Geology and Soils
•Greenhouse Gas Emissions
•Energy
27
•Hazards and Hazardous Materials
•Land Use and Planning
•Mineral Resources
•Noise
•Population and Housing
•Fire and Police Protection
•Schools
•Libraries
•Hydrology
•Water Quality
•Parks and Recreation
•Traffic and Circulation
•Water and Sewer Service
•Solid Waste
•Socioeconomic Effects
•Cumulative Effects
Staff Approach to 9212 Report
•Does the plan meet city standards?
•Economic/fiscal impacts
•Environmental impacts
•Staff analysis
•Third party peer reviews
28
9212 Report Findings
•Plan’s environmental analysis is similiar to other large
projects
–“Environmental Protection Features”
•Plan will provide significant economic benefits
•Plan largely meets city standards
29
Growth Management
•Passed by voters in 1986
•Strict requirements for new development
•Protects quality of life
•The plan complies with, exceeds or will not impact 10
out of 11 Growth Management Program standards
30
Traffic
•32 roadway segments
•34 intersections
•3 scenarios
–Existing conditions
–Year 2019 (opening year)
–Year 2035 (long range)
31
Pacific Ocean
Specific Plan Area
Legend
Q Impacted Intersection
in Study Area
Intersection in Study Area
Roadway Section
in Study Area
Traffic
•All 32 road segments meet growth management
standards in all 3 scenarios
•Intersections
–All meet standard today
–All forecasted to meet standard in 2019
–8 forecasted to fall short of standard in 2035
33
2035 Traffic
•Won’t meet Growth Management Program standard
with or without plan
•Regional growth, not Carlsbad growth
•Traffic would be better with plan than no plan
–Plan improvements to roads and signals
34
Regional Traffic Growth at Intersections
Peak Hour Volumes: 2014 –2035
Benefits of Environmental Protection Features
Reduced Traffic Signal Delay: Year 2035
Increased Traffic vs. Reduced Signal Delay
35%
30%
25%
ECR&
Tamarack Ave
ECR&
Cannon Rd
ECR&
Faraday Ave
Increased Traffic from Specific Plan
PAR&
Paseo del Norte
22%
PAR&
Armada Or
PAR&
College Blvd
PAR&
8 Camino Real
Improvements from EPFs (Reduced Signal Delay)
ECR&
Aviara Pkwy
38
Weseloh
Chevrolet
Agua Hedionda Specific Plan Area
Site Access -Proposed
Toyota
carlsbad
EastboundTiuough
Traffic Never Stops Cannon R oad
Proposed Improvements
39 Nou oSale
Agua Hedionda Specific Plan Area
Site Acce -Propo ed
::::0 ~ ...... ..__
OJ
3
""0
Weseloh
Chevrolet
-Propo~@d Improvements
Toyota
Carlsbad
40
Agua Hedionda Specific Plan Area
Site Access -Proposed
Toyota
Carlsbad
Eastbound Through
Traffic Never Stops
Estimated Traffic Impact Fees
•District 3 Bridge & Thoroughfare Fee: $5.9 million
•Citywide Traffic Impact Fee (TIF): $3.6 million
City Planned Projects
•El Camino Real widening (TIF/Transnet)
–Widen ECR from 4 lanes to 6 lanes between Tamarack Avenue
and Chestnut Avenue
•El Camino Real/Cannon Road (TIF)
–Widen bridge to add third northbound lane on El Camino Real
42
City Planned Projects
•Aviara/Alga/El Camino Real (TIF)
–Add n/b right turn lane
•Palomar Airport Road/Paseo del Norte (gas tax)
–Add e/b right turn lane and extend left turn pocket on PAR
(TIF)
•PAR/College
–Add second s/b thru lane
43
Additional Traffic Improvements
•ECR/Tamarack (3%, will front cost of improvements at $100,000)
•ECR/Faraday (1%, will front cost of improvements at $50,000)
•PAR/Paseo del Norte (4%, will front cost of improvements at
$75,000)
•PAR/Armada (5%, will front cost of improvements at $50,000)
•Adaptive Signal Program ($140,000)
44
Fiscal/Economic Impacts
•Conservative staff estimate; less than projected by
proponents
•At least $2,575,000 net annual increase in ongoing
general fund revenues
•2,298 to 2,440 FTE jobs ongoing operations
•Does not include tourism-related revenue or jobs
45
Environmental Analysis
•CEQA level analysis
•Meets standards
•Overrides typical of large projects
•Plan not a project
–Some issues are addressed later in the process
46
Major Projects Approved Without Public Vote
•La Costa Town Square
•Carlsbad Company Stores
•Westfield Carlsbad
•The Forum
•Quarry Creek Master Plan
•Robertson Ranch Master Plan
47
•Desalination Project
•New power plant
•Ponto Beachfront Plan
•Calavera Hills Master Plan
•Bressi Ranch Master Plan
•Villages of La Costa Master Plan
•Palomar Forum, Raceway &
Oaks North Industrial
Let the people vote!
Diane Nygaard, Preserve Calavera, turning in signatures so that the people can vote!
Don’t let the people vote?
The people can’t vote if
the project is
rescinded!!
Were the people tricked?
Meanwhile…
Did you know that your City Council has been fighting this proposed power plant
development across the I-5 from Caruso?
This is a mammoth power plant development that was
proposed with two 139 foot stacks right next to the I-5!!!
iPad ~ 11:37 AM
doeketpublic.energy.ca.gov
VISUAL RESOURCES · FIGURE 2
Carlsbad Center Project • Project Architectural Elevations z r-------------------------------~~----~----~--------------------------------------, ~ m s: <D m JJ
~
< iii §;
r
JJ m If> 0 c JJ () m If>
•
CALIFORNIA ENERGY COMMISSION-SITING, TRANSMISSION AND ENVIRONMETAL PROTECTION DMSION, NOVEMBER 2009
SOURCE: PEAR F"ogure 2.2·28
,. 100 ...
48%11J
BOTH THE ENCINA POWER PLANT AND the CARLSBAD ENERGY CENTER DEVELOPMENT
could have been OUR view from the I-5 if it had not been for your City Council’s fight for
us!!! They fought for us…not for the developer but us!!!
YOU HAVE THE POWER!
Help Carlsbad Stop a 2nd Coastal Power Plant!
• EXISTING
Thank you City Council for your fight for our environment and our view!
Now we won’t have 2 power plants on our coast.
A smaller plant will be built along the I-5 & Encina will be demolished.
1. I am excited by the “OPEN SPACE” benefits offered by this project.
“ The AH-SP Initiative exceeds this performance standard as it adds
18.3 acres of new General Plan Open Space, for a total of 176.7 acres
of Open Space…”
Per page 7 of the 9212 report
(continued on next slide)
SO…
I am going to trust our City Council decision on the Caruso project!
City Council has vetted the Caurso project through the 9212report!
The Coastal Commission will also thoroughly review the project before approval.
“OPEN SPACE” Benefits continued:
…”Total public benefit value of the open space is estimated in the range of
$10 million to $16.5 million.”
Page 7 of the 9212 report
The AH-SP Initiative also states that all open space recreational
improvements will be constructed by the proponents at their cost, will be
maintained in perpetuity by the proponents at their cost,
Page 18 of the 9212 report
Another developer would not be required to do this.
2. I am excited that the “CARUSO PROJECT” is smaller than zoning permits.
Caruso is only developing 26.7 acres of the total 48.3 acres. 21.6 acres is being
transferred to open space that could have been commercial development.
Another developer could choose to develop the entire 48.3 acres.
3.I am pleased that Caruso is prepared to offer more mitigation than is required
for traffic issues.
4.I am very comforted that the project requires Coastal Commission approval.
5.I am excited for the jobs, city tax dollars, continuation of the strawberry fields,
the restaurants, shops, the trails and the view spots that we will all be able to
enjoy if this vote is “Yes”.
I ask Council to “let the people vote” as soon as possible!