HomeMy WebLinkAbout2015-05-19; City Council; Resolution 2015-1271 RESOLUTION NO. 2015-127
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING CITY STAFF TO: 1) INITIATE THE PREPARATION OF A REPORT PURSUANT
TO ELECTIONS CODE SECTION 9212 (9212 REPORT) IN RESPONSE TO THE SUBMITTAL OF
4 A NOTICE OF INTENT TO CIRCULATE A PETITION FOR A CITIZEN-LED INITIATIVE MEASURE
FOR THE PURPOSE OF PROPOSING TO THE VOTERS OF CARLSBAD THE ENACTMENT OF
5 THE AGUA HEDIONDA SOUTH SHORE SPECIFIC PLAN FOR 85% OPEN SPACE AND 15%
RETAIL ("AGUA HEDIONDA 85/15 SPECIFIC PLAN"); 2) REQUEST A DEPOSIT FROM THE
INITIATIVE MEASURE PROPONENT'S PRIMARY SPONSOR FOR THE PREPARATION OFTHE
7 9212 REPORT; AND 3) TO CONTRACT WITH CONSULTANTS AS NECESSARY TO COMPLETE
THE 9212 REPORT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO
8 APPROPRIATE NECESSARY FUNDS FROM THE CITY COUNCIL CONTINGENCY FUND IN AN
AMOUNT NOT TO EXCEED $150,000.
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WHEREAS, on May 12, 2015, Edmond W. (Bill) Dominquez, Maureen Simons, and
11 Carlton Lund (Proponents), representing "Preserving Carlsbad Open Space The Right Way"
submitted to the City Clerk's office a Notice of Intent to Circulate a Petition for a citizen-led
12 initiative measure for the purpose of proposing to the voters of Carlsbad the enactment of the
^3 Agua Hedionda South Shore Specific Plan for 85% Open Space and 15% Retail (Agua Hedionda
85/15 Specific Plan Initiative), and
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WHEREAS, the Proponents ofthe Agua Hedionda 85/15 Specific Plan Initiative Measure
15 also voluntarily submitted an extensive Environmental Analysis report which includes 25
technical areas of analysis and evaluation, and
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WHEREAS, the California Elections Code Section 9212 allows City Council to request the
preparation of a report (9212 Report) to examine the fiscal, land use, infrastructure and other
18 impacts, and
1^ WHEREAS, the California Elections Code prescribes a limited time period to present
2Q findings of a 9212 Report once the certificate of sufficiency of the petition is presented to the
City Council for consideration, and
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WHEREAS, given the magnitude and complexity ofthe proposed Initiative Measure and
22 Specific Plan, the extent of the Environmental Analysis report, the high level of public interest
anticipated, and the timelines prescribed in the California Elections Code, there is sufficient
need to immediately begin preparation of the 9212 Report, rather than waiting until the 23
24 certificate of sufficiency of the petition is presented to the City Council, and
25 WHERAS, the early completion of the 9212 Report will serve to inform the City Council
when the certificate of sufficiency ofthe petition is before them for consideration, and
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1 WHEREAS, the completed 9212 Report will also serve to inform the public should the
City Council ultimately decide to place the Initiative Measure on the ballot for consideration by
2 the registered voters of the City of Carlsbad.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
4 California, as follows:
5 1. That the above recitations are true and correct.
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7 2. That city staff is hereby authorized to initiate the preparation of a report pursuant to
Elections Code Section 9212 (9212 Report) in response to the submittal of Notice of
g Intent to Circulate a Petition for a citizens-led initiative measure for the purpose of
proposing to the Voters of Carlsbad the enactment of the Agua Hedionda South Shore
9 Specific Plan for 85% Open Space and 15% Retail - "Agua Hedionda 85/15 Specific Plan".
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3. That city staff is hereby authorized to request a deposit from the initiative proponent's
11 primary sponsor for the preparation of the 9212 Report.
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4. That city staff is hereby authorized to contract with consultants as necessary to
13 complete the 9212 Report and the Administrative Services Director is authorized to
appropriate necessary funds from the City Council Contingency fund in an amount not
to exceed $150,000. 14
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SECTION 2. That the City Clerk shall certify to the passage and adoption of this resolution and
16 enter it into the book of original resolutions.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 19th day of May 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
ATTEST:
BARBARA EINTGLESON, City Clerk
(SEA.Lt