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HomeMy WebLinkAbout0002_1_Initiative - SRReport to City Council To:Honorable Mayor and Members of the City Council From:Susan M. Domen, MMC, City Clerk Date:January 23, 2017 Subject:Alberhill Villages Specific Plan (AVSP) Initiative Recommendation 1) adopt the Ordinance (Exhibit A) in its entirety, without alteration INITIATIVE MEASURE REVISING THE ALBERHILL VILLAGES SPECIFIC PLAN GOVERNING THE FUTURE DEVELOPMENT OF APPROXIMATELY 1,400 ACRES LOCATED IN NORTHWEST LAKE ELSINORE, SOUTH OF INTERSTATE 15 AND WEST OF LAKE STREET;or, 2) adopt the Resolutions: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017, FOR THE SUBMISSION OF A PROPOSED ORDINANCE; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS; and, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 2, 2017 Background On June 10, 2016, a Notice of Intent to circulate a petition, regarding the AVSP, was served on the City Clerk’s Department by proponent Dana Mark Coon. On June 27, 2016, a Ballot Title and Summary were provided to the proponent. The proponent followed all noticing and publishing requirements by July 1, 2016, and provided proof to the City Clerk. On October 11, 2016, the proponent delivered eight boxes containing 192 petitions to the City Clerks Department. After a thorough review it was deemed accepted on October 12, 2016, and delivered to the Riverside County Registrar of Voters for signature verification. Of the 5,088 signatures checked, 4,078 were deemed valid and 1,010 were deemed invalid. AVSP Initiative Page 2 of 2 On December 13, 2016, the Council ordered a report pursuant to Elections Code Section 9212 to assess the fiscal impact of the proposed initiative and other potential impacts. The report was presented to the Council on January 12, 2017, and made available in the City Clerk’s office for inspection by any person requesting to do so. Discussion Per the California Elections Code, Section 9214, if the initiative petition is signed by not less than 15 percent of the voters for the City according to the last report of registration by the County Elections official to the Secretary of State pursuant to Section 2187, effective at the time the notice specified in Section 92902 was published…the legislative body shall do one of the following: (a) Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. (b) Immediately order a special election, to be held pursuant to subdivision (a) of Section 1405, at which the ordinance, without alteration, shall be submitted to a vote of the voters of the City. (c)Order a report pursuant to Section 9212 at the Regular meeting at which the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the Ordinance within 10 days or order an election pursuant to subdivision (b). The City Council has two options available to them at this time: Option A would require the Council to immediately adopt the Ordinance submitted by the proponent, attached as Exhibit A, without alteration. This would replace the AVSP adopted by the Council on June 28, 2016. OR; Option B would require the adoption of four Resolutions (1) calling for a Special Election to be held no sooner than 88 days and no later than 103 days; (2) Setting the Priorities for Written Arguments; and, (3) Providing for the Filing of Rebuttal Arguments. This election date would require doing a stand-alone election on April 25, 2017, or May 2, 2017. Although an April 25, 2017, special election date would meet the Elections Code timeline, City staff recommends May 2, 2017, as the preferred special election date and has prepared the draft Resolutions accordingly. Fiscal Impact If the Council were to adopt the Ordinance as is, in its entirety, the cost to do so would be that of codifying it into the Municipal Code. If a Special Election is called, the City will incur approximately $122,000 to conduct a Stand Alone election and staff time. It should be noted that the Fiscal Impacts outlined in the Consultant’s report are not included. Exhibits Exhibit A –Ordinance Submitted on Petition Exhibit B – Resolution calling a Special Election Exhibit B1 – Resolution for Written Arguments Exhibit B2 – Resolution for Rebuttal Arguments Exhibit B3 – Resolution Requesting County Services