HomeMy WebLinkAbout2010-10-05; City Council; Resolution 2010-2371 RESOLUTION NO. 2010-237
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
3 ISSUANCE OF A WRITTEN REPORT DESCRIBING THE
MEASURES TAKEN BY THE CITY TO ALLEVIATE THE
4 CONDITIONS THAT LEAD TO THE ADOPTION OF
URGENCY ORDINANCE CS-067, CONSISTENT WITH
5 GOVERNMENT CODE SECTION 65858(0)
6 WHEREAS, at its regular meeting oi October 20, 2009, the City Council adopted
7 Urgency Ordinance No. CS-067 prohibiting any new or expanded thermal electric power
8 generation facilities located in Carlsbad's Coastal Zone; and
9 WHEREAS, Government Code section 65858 authorizes extension of said
10 emergency interim ordinance, after notice and hearing, by a four-fifths vote for up to twenty two
11 (22) months and fifteen (15) days; and
12 WHEREAS, at its regular meeting of December 1, 2009, the City Council adopted
13 Urgency Ordinance No. CS-070 extending Urgency Ordinance CS-067 by ten (10) months and
14 fifteen (15) days to expire October 20, 2010 prohibiting any new or expanded thermal electric
15 power generation facilities located in Carlsbad's Coastal Zone; and
16 WHEREAS, Government Code Section 65858(a) allows the extension of such
1 71' interim ordinance by a four-fifths vote of its legislative body for a subsequent one additional year;
18 and
1 Q WHEREAS, Government Code Section 65858(d) requires that ten days prior to the
20 expiration of CS-067 the legislative body issue a written report describing the measures taken to
21 alleviate the condition which led to the adoption of the ordinance.
22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
23 Carlsbad, California as follows:
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1. That the above recitations are true and correct.
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2. That pursuant to Section 65858(d) of the State Government Code, the City
26 Council of the City of Carlsbad authorizes the issuance of a written report describing the
measures taken by the City to alleviate the conditions that led to the adoption of Urgency
27 Ordinance CS-067.
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"NOTICE TO APPLICANT"
The time within which judicial review of this decision must be sought is governed
by Code of Civil Procedure, Section 1094.6, which has been made applicable in the City of
Carlsbad by Carlsbad Municipal Code Chapter 1.16. Any petition or other paper seeking review
must be filed in the appropriate court not later than the ninetieth day following the date on which
this decision becomes final; however, if within ten days after the decision becomes final a
request for the record is filed with a deposit in an amount sufficient to cover the estimated cost
or preparation of such record, the time within which such petition may be filed in court is
extended to not later than the thirtieth day following the date on which the record is either
personally delivered or mailed to the party, or his attorney of record, if he has one. A written
request for the preparation of the record of the proceedings shall be filed with the City Clerk,
City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, CA. 92008."
PASSED AND ADOPTED at a Joint Special Meeting of the City Council and the
Housing and Redevelopment Commission of the City of Carlsbad on the 5th day of October
2010, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
t/ORR/tiNE M. WOODACity Clerk UI v—^ \ J
(SEAL)
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