Resolution Nos. 6094 and 6090 (attached hereto as Attachments C and D) set forth the deadlines for submitting arguments for and against the lnitiative to the City Clerk for the City's regular election in November 2022 and a potential special election in April 2022, respectively.
The Election Code also provides for the Council to allow for rebuttal arguments, which is optional. Resolution Nos. 6095 and 6091 (attached hereto as Attachments C and D) set forth the deadlines for submitting rebuttal arguments to the City Clerk for the City's regular election in November 2022 and a potential special election in April 2022, respectively.
City Attorney's I m partial An alvsi s
Following the calling of an election, California Election Code Section 9280 authorizes the City Council to direct the City Clerk to transmit a copy of the lnitiative to the City Attorney for preparation of an impartial analysis. This analysis will be printed in the ballot pamphlet immediately preceding the arguments for and against the lnitiative.
Resolution Nos. 6095 and 6091 direct the City Attorney to prepare an impartial analysis of the lnitiative in preparation for its placement on the ballot during the City's regular election on November 8, 2022 or during a special election in April 2022, respectively.
The City Council may also choose to submit one or more measures at the same election. The measure receiving the highest number of affirmative votes would prevail
POLICY CONSISTENCY
The City Council actions related to either adopting the lnitiative by ordinance or submitting the lnitiative to the voters are consistent with both the City's policies and procedures as well as state law.
FINANCIAL CONSIDERATIONS
Based on discussion with the County Elections Office, staff estimates that placing the lnitiative on the ballot for the City's next regular election on November 8, 2022 (which will be consolidated with the Statewide General Election) would add costs of approximately $20,000 to the estimated standard cost for a consolidated election.
Should the Council choose to call a special stand-alone election in April 2022, the costs are likely to be much higher.a A rough estimate of the minimum cost for the City to run a stand-alone special election is $74,400, which would include costs for contracting with outside consultants for election management services, laying out and calculating of a As discussed above, the County Elections Office has notified the City that they are unable to assist the City in running a special election in April. As a result, if the Council moves fonrvard with this option, the City would have to run the election by itself. However, as the City does not have the staffing capacity or expertise to conduct an election by itself it would have to contract with multiple elections consultants and/or contractors to assist with this process.
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Election Matters Pertaining to City lnitiative
January 10,2022
ballots, and printing and mailing of ballots, postage, and use of a voting system. Staff has initiated discussions and received proposals from several potential vendors.
Election Date April 12,2022 or
April 19,2022
November 8,
2022
Estimated Costs Special Stand-Alone
Election
Added Cost for
Regular
Consolidated
Election
County lnvoice TBD $20,0005
Elections
Consultant
$19,900 N/A
Ballot
Printinq/Mailinq6
$22,300 N/A
Postage $4,500 N/A
Votinq System $27,700 N/A
TOTAL COST At least $74,400 $20,000
lf the initiative is either approved by the Council by Ordinance or approved by voters, staff estimates there will be costs for implementation. This includes consulting staff costs for processing General Plan/Local Coastal Plan and/or Zoning Code amendments necessary to carry out the initiative.
LEGAL AND ISK MANAGEMENT CO IDERATIONS
There are additional risks associated with the City running its own special election (without assistance from the County Elections Office). Staff believes that it could mitigate risks with the additional assistance outlined above.
The City Attorney's Office helped prepare this staff report and the related attachments and will be available at the meeting to answer questions. 5 County Elections Office estimates 80% of cost for regular consolidated election to be attributed to the measure. County estimate for regular consolidated election including measure and election of Councilmembers is $18,000 - $25,000.
6 The estimate does not include postage, taxes, translations or freight.
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Election Matters Pertaining to City lnitiative
January 10,2022
OPTIONS
Option 1: Adopt the Initiative, unchanged, by adopting Ordinance No. 751 (see Attachment A) and adopt Resolution No. 6096 (see Attachment B).
Option 2: Submit the lnitiative to voters by placing it on the City's next regular election scheduled for November 8, 2022 through adoption of the following resolutions shown in Attachment C (as read by title only):
o Resolution No. 6092, calling and giving notice of a Regular Municipal Election to be held on Tuesday, November 8,2022, for the submission of an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-01 1 and APN 004-105- 026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land use Element (see Attachment C);
. Resolution No. 6093, requesting the Board of Supervisors of the County of Santa Barbara to consolidate the City of Carpinteria's Regular General Municipal Election to be held on November 8,2022, with the Statewide General Election to be held on the same date pursuant to $ 10403 of the Elections Code (see Attachment C); . Resolution No, 6094, setting priorities for filing written arguments regarding an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-01 1 and APN 004-105- 026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land use Element, directing the City Attorney to prepare an impartial analysis (see Attachment C);
. Resolution No. 6095, providing for the filing of rebuttal arguments for an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-01 1 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land use Element (see Attachment c).
Option 3: Submit the Initiative to voters by calling a special election for April 12, 2022 orApril 19,2022 through adoption of the following resolutions shown in Attachment D (as read by title only):
. Resolution No. 6088, calling and giving notice of a Special Municipal Election to be held on Tuesday, April _, 2022, for the submission of G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2022\1-10-2022\Setting Election for lnitiative\CARP_ Staff Report Setting Election for lnitiative Measure(23563615.13)_FINAL_3.docx 2356361 5.'1 3
Election Matters Pertaining to City lnitiative
January 1A,2022
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an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-01 1 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the open space/Recreation (osR) Land Use category of the General Plan Land use Element (see Attachment D);
Resolution No. 6089, requesting the Board of Supervisors of the county of santa Barbara to render specified services to the city of carpinteria relating to the conduct of a Special Stand-Alone Municipal Election to be held on Tuesday, April_, 2022 (see Attachment D); Resolution No. 6090, setting priorities for filing written arguments regarding an lnitiative Measure to change and/or readopt the city of carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-01 1 and ApN 004-105- 026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the open space/Recreation (OSR) Land Use Category of the General Plan Land use Element, directing the City Attorney to prepare an impartial analysis (see Attachment D);
Resolution No. 6091, providing for the filing of rebuttal arguments for an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcers of City-owned property (APN 004-105-011 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the open space/Recreation (osR) Land Use category of the General Plan Land use Element (see Attachment D).
PRINCIPAL PARTIES EXPECTED T MEETING
Principal parties at the meeting include the proponents of the lnitiative.
ATTAC ENTS
Attachment A: Proposed Ordinance No. 751 - lf Adopted by City Council Resolution No. 6096, directing ordinance No. 751 be transmitted to the California Coastal Commission for filing pursuant to public Resources code 530510 and in accordance with S13bs1 of rifle 14 the California Code of Regulations
Attachment B:
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Election Matters Pertaining to City lnitiative
January 10,2022
Attachment C: Resolutions pertaining to November 8, 2022 General Consolidated Municipal Election
. Resolution No. 6092, calling and giving notice of a Regular Municipal Election to be held on Tuesday, November 8,2022, for the submission of an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-011 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land use Element;
. Resolution No. 6093, requesting the Board of Supervisors of the County of Santa Barbara to consolidate the City of Carpinteria's Regular General Municipal Election to be held on November 8, 2022, with the Statewide General Election to be held on the same date pursuant to S 10403 of the Elections Code;
o Resolution No. 6094, setting priorities for filing written arguments regarding an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-011 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land use Element, directing the City Attorney to prepare an impartial analysis;
o Resolution No. 6095, providing for the filing of rebuttal arguments for an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004- 105-01 1 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land use Element.
Attachment D: Resolutions pertaining to April 12, 2022 or April 19, 2022 Special Stand-Alone Municipal Election
. Resolution No. 6088, calling and giving notice of a Special Municipal Election to be held on Tuesday, April _, 2022, for the submission of an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004-105-0'11 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2022\1-10-2022\Setting Election for lnitiative\CARP_ Staff Report Setting Election for lnitiative Measure(23563615.10)_FINAL 2.docx 2356361 5.1 0
Election Matters Pertaining to City lnitiative
January 10,2022
a
a
definition of the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land use Element;
Resolution No. 6089, requesting the Board of Supervisors of the County of Santa Barbara to render specified services to the City of Carpinteria relating to the conduct of a Special Stand-Alone Municipal Election to be held on Tuesday, April_, 2022; Resolution No. 6090, setting priorities for filing written arguments regarding an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (ApN 004-105-01 1 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land use Element, directing the City Attorney to prepare an impartial analysis;
Resolution No. 6091, providing for the filing of rebuttal arguments for an lnitiative Measure to change and/or readopt the City of Carpinteria's General Plan Designation and Zoning Designation for two parcels of City-owned property (APN 004- 105-01 1 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land use Element.
a
Staff contact:
Brian C. Barrett, Acting City Clerk
(805) 7 55-4446; brianb@ci. carpinteria. ca. us
Reviewed by: Dave Durflinger, City Manager
(805) 7 55-4400, [email protected]. us
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Election Matters Pertaining to City lnitiative
January 10,2022
Attachment A
Proposed Ordinance No. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA
ADOPTING AN INITIATIVE MEASURE TO CHANGE AND/OR READOPT THE CITY
OF CARPINTERIA'S GENERAL PLAN DESIGNATION AND ZONING DESIGNATION FOR TWO PARCELS OF CITY-OWNED PROPERTY (APN 004-105-011 AND APN 004-105-026) LOCATED ADJACENT TO THE RATLROAD TRACKS TO THE WEST
OF LINDEN AVENUE AND TO AMEND THE DEFINITION OF THE OPEN
SPACE/RECREATTON (OSR) LAND USE CATEGORY OF THE GENERAL PLAN
LAND USE ELEMENT
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Election Matters Pertaining to City lnitiative
January 10,2022
TH]S PAGE INTENTIONALLY LEFT BLANK
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ORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA ADOPTING AN INITIATIVE MEASURE TO CHANGE
AND/OR READOPT THE CITY OF CARPINTERIA'S GENERAL PLAN
DESIGNATION AND ZONING DESIGNATION FOR TWO PARCELS OF
ctTY-owNED PROPERTY (ApN 004-105-011 AND ApN 004-105-026)
LOCATED ADJACENT TO THE RAILROAD TRACKS TO THE WEST
OF LINDEN AVENUE AND TO AMEND THE DEFINITION OF THE
oPEN SPACE/RECREATTON (OSR) LAND USE CATEGORY OF THE
GENERAL PLAN LAND USE ELEMENT
The City Council of the City of Carpinteria finds and declares as follows WHEREAS, the City of Carpinteria ("City") owns two parcels of real property, "Parcel A" (APN004-105-01 1) and "Parcel B' (APN 004-105-026) (collectively, "Parcels"), located adjacent to the railroad tracks to the west of Linden Avenue; and WHEREAS, ParcelA is currently zoned Commercial Planned Development with a General Plan land use category designation of General Commercial; and WHEREAS, Parcel B is currently zoned Recreation ("REC") with a General Plan land use category designation of Open Space / Recreation ("OSR"); and WHEREAS, on June 4,2021, a Notice of lntention to Circulate Petition ("Petition") was filed in the City Clerk's Office for an initiative measure seeking to change and/or readopt the General Plan designation and Zoning designation for the Parcels and amend the definition of the OSR Land Use Category of the General Plan Land Use Element ("lnitiative"); and
WHEREAS, on June 18,2021, the City Attorney prepared and provided an official ballot title and summary for the proposed Initiative for use by the proponents for publication and circulation of the lnitiative petition; and WHEREAS, on November 22,2021, the Initiative petition was filed with the City Clerk and promptly transmitted to the Santa Barbara County Elections/Registrar of Voters ("County Elections Office") for signature verification; and WHEREAS, based on an examination of all 1,075 signatures submitted, the County Elections Office established that 932 signatures were valid and the lnitiative petition is sufficient; and
WHEREAS, January 10,2022, the City Clerk presented the City Council with the Certificate of Sufficiency of the lnitiative petition; and WHEREAS, having already received a9212 Report analyzing the potential effects of the lnitiative, if an initiative is signed by not less than ten percent of the voters of the City Election Code Section 9215 requires the City Council to take one of the following actions:
23575693.4
Ordinance No. 751
Page2
(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) Submit the ordinance, without alteration, to the voters at the City's next regular election, occurring on November 8, 2022.
(c) Submit the ordinance, without alteration, to the voters at a special election in April2022 pursuant to Elections Code Section 1405.
WHEREAS, the City Council's approval of the Ordinance No. 751 is exempt from the California Environmental Quality Act (CEQA) pursuant to the California Supreme Court decision in Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029 and the lnitiative Ordinance does not constitute a "project" for the purposes of CEQA under section 15378(b)(3) of the CEQA Guidelines.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City Council for its adoption of this Ordinance.
sEcTtoN 2.
The City Council hereby approves the lnitiative, attached as Exhibit 1 and incorporated herein.
sEcTtoN 3.
Staff is directed to submit the lnitiative for approval by the California Coastal Commission and the Department of Housing and Community Development, as determined necessary. Subsequent to their approval, staff is authorized to incorporate the provisions of the lnitiative into the General Plan and Zoning Ordinance, as appropriate, and to make other corresponding changes as necessary to implement the lnitiative.
PAssED, APPROVED AND ADOPTED on the 1Oth day of January,2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
23575693.4
Ordinance No. 751
ABSTAIN: COUNCILMEMBER(S)
Mayor, City of Carpinteria
ATTEST:
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
23575693.4
Ordinance No. 751
EXHIBIT 1 TO ORDINANCE NO. 751
23575693.4
INIIIAITYE MEAST'NE TO BE DINECII,Y SI'BMITTED TO TIIE VOTERTI Thepeoplc of the City of Carplnterla do ordrln ac followl:
Secfon l, fiOg
This initiative measure ('Initiative") shatl be lnourn as the'Swe Our llowntown rnd Bcech PerHng Lot Inldatlve."
Secdon 2. Fhdfngo end PurPorc.
A. Findinp. The peoplc oftho City of Carpinteria find and declare the following:
l. The approximately 1.15-acre property locatcdat4gg Linden Aveiruo (APN 004.105- 0l 1), iibeled as plrcet A, poinntown and Beaoh Parking Lof on E)&ibits + B q.c' ;rd"$y consists of CityParting l,ot #3 or Domtown and Bsacb Parking Lot The City oii.tpint"tia's GeneraiPlrn dfoifies this property ac0eneral Commercial. The propcrty is adjaoeot to the Carpinteria Gommtmity Gardon Park' 2 . Thie property is owned by the City of Carpintoria. On May- I I , L989 the City acoept€d tftir profi,ttri fiom Southirn Paoific (SPTd HoHing Ino") for publio prrrpocer, as $houm on E:rhibit D to this Initiative.
3. The approximatoly 1.27-acre property locatsd at 399 Lindea Avenus on ths south side of the railroad backs (APN OO+-tOiOZq, hbsted as Prsel B, coastal open spa91- Corridor, on gxhibit A, B & c, sund{V coneisto ofopen space. The Gensral Plan designates these properties
"r
Oieo SpacelReoreation. Tho property was acquired by tha City in 2013.
4. The General Plan contains polioies to protec't, preeorvc and enhance looal natural t€souroes, to provide ad"q,rat€ parting for tho public urd forpubliccoaotal sc@ss, to "*ia dr"ing,devolopment whirs exposeC to hazardsof tansportatioa conidors, and for enslring thalzoning and development is consist€otwith zoning and developmont on , adjacent and nearbYParcels.
5. The purpose of the Ccneral Plaa land rue dceifatiol ie to establish tho type aod intensity of land uses on proporties consistent wilh their dosignstion in tbe General Plan Laad Use Elernent anO I"ana tfte UIap. the zoning designations for oach propsrty must bc consistent with the General Plan designation.
6. The voters seek to presewo the Downtown and Beach Prrking Lot for ils cunent.use 8s a public parking lot, and to prc86rve the Coastal Opom spaco Conidor in its ounont opon ip*.n"Uiatiooiaor etatirs, and thereby wish to propose thia Inltiativo, which will re' designate and re-zone those prorperties, by tnitiative, so tbat theirzodng is fr(ed End cannot be cbanged absent a vote ofthe people.
B. purpose. The purpoee ofthis Initiative is to ameod tbo Gemeral Plan designatiol and "*riog
of the pourntown and Beach Parking Lot and Coastd Open Space Conidor in t
INITIATTVS MEASIJRE TO BE DIRECTLY SI'SIiIITIED TO TUN VOIIRII order to mahtlin the cunrnt us€ of ftosc sites. The Gencral Plan dcsignatioas and zoning for these sircg will oreate a consistency of deoigaations and zoning acrosc these ncarby sites, also including the Carpinteria Commmity Gaid€n Park. Tho Downtocm and Boach Pa*ing l.ot will rcmain zoned for publio parking une and prqposes, but not for other commercial uses, with allounnnce for limitcd residential-only use consistent with the Resid€ntial overlay zone as requiredby California Crovenrmeirt Codo section 66330, subdivision OXIXA).
Secdon 3. City of Crrplntcrie GencralPlen Amcndmentc
A. The vot€rs hereby amond tho Geireral Plan Diagram (excorpt shown in Exhibit B) of the City of Cnrpintoriato:
1. Chge fte General PIan decignatioo of thc Downtown and Beach Parking Lot prcperly from General Co'mrercial (GC), to Open Space Reoreation (OSR).
2. Re.adop( by this Initiativo, the Opcn Space Recreation (OSR) designation on the Coastal Open Space Corridorpoperty, as shovm on E &ibit B.
B. The vot€N hcreby amend thc text of I-and Use Map descriptions 8s follows (additions shown in un4erline. non-undorlined rcx is not being amondsd and is shovrn for oontext only):
l. Open SpacolRecreation (OSR) The OSR lasd use category is intended to provide recreationnl areas (passive or active), including exigting pa*ing. City parls, beachos, golf oourses and related uses. It also ideirtifies op€n spacc arsas. Tho O$R land uee cat€gory mav also provide for rssiden$al us€s. only if tbe Droportv is included b lhe Residential ov€rlay zone.
Secfion 4. Zonlng Amcndmentr
The voters h€neby amondtho Zoning Map (excerpt shown in E ftibit C) of the City of Crpinteria, to:
1. Changc fts 2ening on tho D'owntown and Bcach Parkiry Lot prop€rbr, as shown on Exhibit C, from C?D to REC/R
2. Re-adopg by this Initiativg the zming on the Coastal Open Space Conidor proporty, as shovm on Exhibit C, as REC.
Secdon 5. Efiect of Inldetlve on Geneml Plrn Land Uce Ch$lficadon and Zonlng on SubJectProperfer Only
this Initiative adopts Coneral Plan designations and zoning derignations only for ths Downtonm and Beach Pa*ing Lot and Coastal Open Spaco Conidor propertiee, which are specifically identified in this Initiative. The Initiative does not adopl alter, or chrnge my other land use classifications or zoning on any othor rcal property in the City of Carpinteria 2 INIIIATIVE MEASUru TO BE DIRNCTT,Y ST'BMITTTI} TO TEEV(yTERS Secdon 6. Implementatlon
A. litis Initiative is oonsidcrod adop,tcd and effcctive upon the earliost date legrlly possible after eitherthe Clty Council sdopb the Initiative as law upon its qualifioation or, if it is placed on thc ballol the elections official cortifes tbe vote on the Initiative by tho votsrs of the City of Carpintoria. Upon the c'ffectivs date ofthis Initiative the City is dirccted to promptly take all appropriateactions neededto implenneirtthislnitiative, includingbut not limited to taking any adminirhativo staps necessary to rpdatc any and all City maps, figures, and any other dooumonb maintained by fto City so they conform to fte legislative polioios set forth in thie Initiative.
B. Upon the efrective date of this Initiative, the Genoral Plan amendmenb of Sostion 3 of this Initiative are hcrcby inserted into the General Plan; except that if the four amsndmsota of any mandatory clement ofthe Geireral Plan permitred by state law fot any calendar year havo aheady beeir utilized in the year in which this Initiative becomes efrective, the Geireral Plan amendmonb set fortb in this Initiative shall bc the first amendments inscrtd into the General Plan on lanuary I of the next year. The City may reorgonizo, rrnumb€rrn and/or refomat thc General Plan provisions of Sestion 3 of this Initiative, providod that thc full text is ins€rted into the General Plan without altcration.
C. The General Plan in effoct on ths dato of filing of the Noticc of Internt to Cfuculate this Initiative ("Filing Datetr), and the General Plan as ammdod by this Initiativo, comprise an integateq intemally consistont, and compatible strrtomont ofpolicies for the City. To ensure tbat the City's General Plan nmains an intognted, internally consistent and compatible stat€m€nt ofpolicies for the City, any provision ofthe Gcn€nal Plan that is adopted betwee,lr the Filing Date andthe effective date ofthe General Plan amcndmeots adopted by this Initistivs shall, to tro extpnt that zuch interim-enacned provision is inconsistent with or would diminigfu rendsr invali4 defoat or iryair tho General Plan amendments adoptod by this Initiativo, be amended as soon ae possible and in the nnnn€rr and time required by stats law to ensure consistency betweeo the prcvisions adop'ted by this Initiative and other ele,msnb of the Genreral Plan D. Upon thc cfuive datc offic Initiativo, tho provieions of Section a Vnning Amendmente) of this Initiativa are horeby inserted into the Carpinteria Municipal Code.
The City may reorganizg r€nunrbor, and/or reformat the provisionr of Soction 4 of this Initiative, provided that the full text is inserted into the Municipal Code without alteration
Section 7. Efrect of Other Measurs on the Seme Bdlot
It is the vot€rrs' intent to comprohensively osbblish the potclltial futur€ rses and development of the specific propemies that are subject to the Initiative, including preservatioa of Coastal Open Space Corridor in its cumnrt op€Nl space statc and fte preseivation of the Downtovm and Beach Parking Lot for continuedparking uses. To onswe that this intent is not frus$a&{ and in the event this Initiative is not adopted by thc City Cormoil as law, this Initiative shall be preseirted to the voters as an altemative tq and wilh the expross int€nt that it will compote with, any and all 3 INIIIATTyE MEAST RE TO EE ITIRECILY SITBIIIITIED TO Tm VOIERSI votcr initiativec or City-ryonsored measures placed on the same ballot as this Initi*ive and whicb, if approvod' would rcgulate the use or developmeirt ofthc zubject Foeerties in any manner wfr61sswer (each, a 'Conflicting Initirtirro'). In the welrt that this tnitiative and one or more Conflicting Initiativcs ale adofled by lhe voters at the same electioq thcn it ig the voters' intsnt that only that measure that rweives fto groatoct number of affrnativo votes ehall conEol in its enrtirety md said othermoasue ormaa$urcs shdl bo Endffedvoid andwithoutany legal effect. In no wont shf,ll thfu Initiative be inbrp'rctod in a mnnn€r,that would permit ib opo11tioo in coqirmction with the non conflicting provisions of any Cmflieing Initiative. ffftis iiritiative is approved by the voters but superredcd by law in uftole or in part by any o&er Conflicting Initiative appmved by ths voters at the same election, and such Conflictirig Initiativo is tater held invalid, this Initiative sheil b€ solf-exeouting and givern firll force of law.
Secdon 8. Interpofirfron and Swerablllty
A. This Initiative must be intoryreted so as to be consiste,nt with alt federal and stato lalv9t des, and regulatioae. If any eection, sub-section" sgtrtonco, clauso, phrase, par! or portion ef rhis Initiative is held to be invalid or unconstitutional by a finsl judgn€nt of a court of oompetentjurisdiction, such decision dms not afrect the \xalidity ofthe Fmainingportions of this Initiafive. The voters declare that this Initiative, and each soction, subsection, se,nie,nce, clause, pbrase, part, or portion thereo{, would have bee,n adopted or paesed irrespective of the fact that any one ormorg sections, sub-sectims, seot€ncesr clauses, phrases, part, orportion is foud to be invalid. If any provision of this Initiativo is held invalid as appliod to any porson or cirrumstance, suoh innlidity doee not affect any application of this Initiatiw that can bo givon effect without the invalid application.
B. If any portion of this Initiative is held by a court of corryotont jurisdiction to be lnvahd we thc People of the City of Carpinteria indicate our stong desirs thaf (i) the City Council use its best efforts to $atain and re-eiract that portion, and (ii) the City Council implemont this Initiative by taking all steps possible to curc any inadequacies or deficisncies identified by the cout in a mannor consistent with the erposs and impliod intent of this Initiativs, including adopting or rec,nac*ing any such portion in a manner consistent srith this Initiative.
C. The Proponenb of thig Initiative, and any commitbe formed to srqporrt this Initiative, shall have standing to eirforce and def€ndthe provisions of this Initiative in anyjudicial forurn, as necessary.
D' This Initiative mrxt be broadly conshred in order to achiwe the purposes statod above. It is the intent oJthe votcrs that the provisions of this Initiative be intaproted or implemonted by the City and others in a manner that facilitatos the purpose sei forth in this Initiative.
Sectlon 9.Amendmcnt
The provisions of this Initiafirc oan be amoaded or rrpealed only by a majority of voters of the city of carpintoria voting in an election held in accordanoe with stato taw. 4 NITIATTI'E MEASIIJRE TO BE DIRECTT,Y SI'BNdITIEI' TO TEE VOTTRS Secdon 10. Inconslrtent Provirionr Repealed
Any provisions ofthe City of Carpinteria Municipal Code, or any other ordinances of the City inconsist€ot with this Initiative, to the extcnt of ruch inconsiste,ncies and no firther, are hereby repealed. This Initietive oxpr€sses the voters' intent to oliminate any poesible inconsistency between oxisting code provisions and the amsnded General Plan designations and zsning dosignations.
Secdon 11. Erhlbitr
The following E dtibits A-D are provided for referercs for lhe votens and incorporatedby rofercnce hercin. the mrps ne intended to provide contcxt and infonnation rogardiag the location and sunsrt G€treral Plan desiguations and zoning dosignations ofthe Doumtown and Beach Parking Lot and the Coastal Open Space Corridm, as well as thc designations of surmmding properties, The inclruion of the mErs does not amemd tre Gmeral Plan or zoning designations of any prop€rty other than those specifically msnded in this Initiativo. 5 INITIAIIVE MEASTIRE TO BE I'IRECIT,Y ST'BMTMUI TO IEE VOITRS FrhlhftA
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Election Matters Pertaining to City lnitiative
January 10,2022
Attachment B
RESOLUTION NO.6096
G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2022\1-10-2022\Setting Election for lnitiative\CARP_ Staff Report Setting Election for lnitiative Measure(23563615.1O)_FINAL 2.docx 2356361 5.1 0
Election Matters Pertaining to City lnitiative
January 10,2022
THIS PAGE INTENTIONALLY LEFT BLANK
G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2 022\1-10-2022\Setting Etection for lnitiative\CARP- Staff Report Setting Election for lnitiative Measure(23563615.10)_FlNAL2.docx 2356361 5.1 0
RESOLUTION NO. 6096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, DIRECTING ORDINANCE NO. 751 BE TRANSMITTED
TO THE CALIFORNIA COASTAL COMMISSION FOR FILING
PURSUANT TO PUBLTC RESOURCES CODE 530510 AND lN
ACCORDANCE W|TH 513551 OF TtrLE 14 THE CALIFORNIA CODE
OF REGULATIONS
WHEREAS, on June 4, 2021, a Notice of lntention to Circulate Petition ("Petition") was filed in the City Clerk's Office for an initiative measure seeking to change and/or readopt the General Plan designation and Zoning designation for two parcels of City-owned property (APN 004-105-01 1 and APN 004-105-026) located adjacent to the railroad tracks to the west of Linden Avenue and to amend the definition of the Open Space Recreation land use category of the General Plan Land Use Element ("lnitiative"); and
WHEREAS, on November 22,2021, the lnitiative petition was filed with the City Clerk and promptly transmitted to the Santa Barbara County Elections/Registrar of Voters ("County Elections Office") for signature verification; and WHEREAS, based on an examination of all 1,075 signatures submitted, the County Elections Office established that 932 signatures were valid and the lnitiative petition is sufficient; and
WHEREAS, on January 10,2022, the City Clerk presented the City Councilwith the Certificate of Sufficiency of the lnitiative petition; and WHEREAS, on January 10,2022, the City Council chose not to submit the Initiative measure to the voters and adopted Ordinance No. 751, without alteration, and directed that Ordinance No. 751 be transmitted to the California Coastal Commission for filing pursuant to Public Resources Code 530510 and in accordance with $13551 of Title 14 the California Code of Regulations; and,
WHEREAS, the City Council's approval of the Ordinance No. 751 is exempt from the California Environmental Quality Act (CEQA) pursuant to the California Supreme Court decision in Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029 and the lnitiative Ordinance does not constitute a "project" for the purposes of CEQA under Section 15378(bX3) of the CEQA Guidelines; WHEREAS, the proposed amendments were approved for submittal to the California Coastal Commission by the City Council as set forth below and as attached hereto and incorporated herein by reference; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GARPINTERIA, 2358761 6.1
Resolution No. 6096
Page2
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and accurate.
SECTION 2. Title 14 of the Carpinteria Municipal Code (Zoning) and General Plan are amended as shown in Exhibit 1, Ordinance No. 751 and incorporated herein.
Council authorizes staff to provide further information, as necessary, for Coastal Commission certification.
SECTION 3. The City Council held a public hearing on the proposed amendment to the General Plan / Local Coastal Program and is transmitting all proposed amendments to the California Coastal Commission for submittal and filing pursuant to California Code of Regulations, Title 14 Section 13SS1.
PASSED' APPROVED AND ADOPTED this 1Oth day of January 2022, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Mayor, City of Carpinteria
ATTEST
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held the January 10, 2022.
23587616.1
Acting City Clerk, City of Carpinteria
Resolution No. 6096
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of
Brownstein Hyatt Farber Schreck,
LLP Acting as City Attorney
23587616.1
Resolution No. 6096
EXHIBIT 1 TO RESOLUTION NO. 6096
23587616.1
ORDINANCE NO. 751
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA ADOPTING AN INITIATIVE MEASURE TO CHANGE
AND/OR READOPT THE CITY OF CARPINTERIA'S GENERAL PLAN
DESIGNATION AND ZONING DESIGNATION FOR TWO PARCELS OF
clTY-owNED PROPERTY (APN 004-105-011 AND APN 004-105-026)
LOCATED ADJACENT TO THE RAILROAD TRACKS TO THE WEST
OF LINDEN AVENUE AND TO AMEND THE DEFINITION OF THE
oPEN SPACE/RECREATTON (OSR) LAND USE CATEGORY OF THE
GENERAL PLAN LAND USE ELEMENT
The City Council of the City of Carpinteria finds and declares as follows:
WHEREAS, the City of Carpinteria ("City") owns two parcels of real property, "Parcel A' (APN004-105-01 1) and "Parcel B' (APN 004-105-026) (collectively, "Parcels"), located adjacent to the railroad tracks to the west of Linden Avenue; and WHEREAS, ParcelA is currently zoned Commercial Planned Development with a General Plan land use category designation of General Commercial; and WHEREAS, Parcel B is currently zoned Recreation ("REC") with a General Plan land use category designation of Open Space / Recreation ("OSR"); and WHEREAS, on June 4,2021, a Notice of lntention to Circulate Petition ("Petition") was filed in the City Clerk's Office for an initiative measure seeking to change and/or readopt the General Plan designation and Zoning designation for the Parcels and amend the definition of the OSR Land Use Category of the General Plan Land Use Element ("lnitiative"); and
WHEREAS, on June 18,2021, the City Attorney prepared and provided an official ballot title and summary for the proposed lnitiative for use by the proponents for publication and circulation of the lnitiative petition; and WHEREAS, on November 22,2021, the lnitiative petition was filed with the City Clerk and promptly transmitted to the Santa Barbara County Elections/Registrar of Voters ("County Elections Office") for signature verification; and WHEREAS, based on an examination of all 1,075 signatures submitted, the County Elections Office established that 932 signatures were valid and the lnitiative petition is sufficient; and
WHEREAS, January 10,2022, the City Clerk presented the City Councilwith the Certificate of Sufficiency of the lnitiative petition; and WHEREAS, having already received a9212 Report analyzing the potential effects of the lnitiative, if an initiative is signed by not less than ten percent of the voters of the City Election Code Section 9215 requires the City Council to take one of the following actions:
23575693.4
Ordinanoe No. 751
(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) submit the ordinance, without alteration, to the voters at the city's next regular election, occurring on November 8, 2022.
(c) Submit the ordinance, without alteration, to the voters at a special election in April2022 pursuant to Elections Code Section i405.
WHEREAS, the City Council's approval of the Ordinance No. 751 is exempt from the California Environmental Quality Act (CEQA) pursuant to the California Supreme Court decision in Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) Sg Cal.4th 1029 and the Initiative Ordinance does not constitute a "project" for the purposes of CEQA under section 15378(bX3) of the cEeA Guidelines.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARPINTERIA DOES ORDAIN AS FOLLOWS:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are true and correct and are incorporated herein, and are each relied upon independently by the City council for its adoption of this Ordinance.
SECTION 2
The City Council hereby approves the lnitiative, attached as Exhibit 1 and incorporated herein.
sEcTtoN 3.
Staff is directed to submit the lnitiative for approval by the California Coastal Commission and the Department of Housing and Community Development, as determined necessary. Subsequent to their approval, staff is authorized to incorporate the provisions of the lnitiative into the General Plan and Zoning Ordinance, as appropriate, and to make other corresponding changes as necessary to implement the lnitiative.
PAssED, APPROVED AND ADOPTED on the 1Oth day of January,2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
23575693.4
Ordinance No. 751
ABSTAIN: COUNCILMEMBER(S)
Mayor, City of Carpinteria
ATTEST
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing Ordinance was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
23575693.4
Ordinance No. 751
EXHIBIT 1 TO ORDINANCE NO. 751
23s75693.4
IMEATTYE MEASITNE I1() BD DIRSCIT,Y SI]BNfiIrIEIT TO TIIE VOltsRSI The people of the Ctty of Carplnbrla do ordrln as followr:
Ser{on 1,IlOe.
This initiative mea$lre ('Initiative") ehall be lnoum as the'Slve Our ltowntown rnd Bcrch PerHng Iot Inlffadve."
Secdon 2. Flndlngt and PurPore.
A. Findinp. 'lhe peoplc ofthe City of Carpintcria find md deolare tho followirg:
1. lhe aprproximately 1.15-acre prop€rty locatcd at 499 l,in{en Avccus (APN 004-105- Ott),iibeted as pircel A" Dogn6un and Beach Parking Lo! on Exhilits { B t-C' o,**tfy consisb of City-Parking Lot#3 or Downtocm and Beacb Parking Lot' The City oiC"tpioteria's GenerafPhn clissifies thir property as Oen€ral Commercial. The prop€rty is adjaoeirtlo tho carpinteria commrmity Gardsn Park
2. This property ie owued by thc Cig of Carpinteria. On May 18, 1989 tho City accepred -
thie ptop.'tty ao. Southsrn Paoific (SPTd Holdiug Inc) for prrblic PrlrPos, as sholxn on ExhibitD to this Initiative.
3. The approximatoly 1.27-acro proporty locatsd at 399 Lindcn Avenus on the south slde of the railload hacks (APN OOq-!OS-OZO, labol€d as Pacel B, Coaetal Opon $pa91- Corridor, o'n Exhibit A, B & C, arrelrtty comists ofopen Space' The General PIan desigpatis tUese prolorties * Opeo Space/Reoreation. Its proporty was acquired by &e City in 2013.
4. fire Gen€ral Plan conAins policies to protcct, preservc and enhance local natural tesources, to provide aAcqirte pa*inC for tho public and forpubliccoutal accoss, t'o "*ia pf*iogdevelopmont where sxposd to nazads o:tansportrrtion eofridors, atrd for ensuring thaizoning and dwolopment is consisteot with zoning and dovelopment on adjaoent and nearbY Parcels.
5. The plrpose of thc Getr€ral Plan land use derignatioa ie_io Gfiteblisb the type and ht'onsity of tand uses on properties consistc,nt with tloir designation in the Genorsl Plan Land Use Eleme,lrt anO l,r'iira tXe Map. the zoning designatione for esoh popefty must be consistent with the Ge,neral Plan designation.
6. The voters seek to preserrre the Downtown and Beach Prrking Lot for its cuneirt ule as a public parking tot, ana to pr€s€rvs the Coastal Open Space.Conidor in its crrront open ip*urt"tiat-coniaor statis, and ttoreby wish to propoeg &is Initiativg wbich will redesignato and re-mne thosa propertios, by Initiativo, so that their zoning is fuied 8nd cannot be cbanged absent a vote ofthe people.
B. purpose. Tho pgrpoec of this Initiative is to amend the General Plan dmigpstioa and *rl"g of the Domtown and Beach Parking lot and Coastat Opon Space Conidor in t
INITIATilE MEASUNE TO BD DIRECTLY ST'BITIITIEII TO IHE VOIERS ofidor to mafutafu the cur€nt us€ of ftose sites. Th€ Gc,neral Plan dcsignations and zoning forthese sites wiU create a consistency of designations and zoning across these nearUy sites, ako inchding the Carpinteria Commrmity Gardeir Pa*. Ths lloumfiown and Boach Pa*ing Lot will rcmain zmeifor public parking usc and purposcs, but not for other commercial uses, with allovnnoe for limited nsidcntial-only rue consistent with the Regidential ovorlay zone as required by California Crovernm€,nt Codo sestion 66330, subdivision OXIXA).
$ccdon 3. Clty of Crrplnterlr Gencrel Plan Amendments
A. The votcrs hercby amend tho Gcneral Plar Disgram (exerpt shown in Exhibit B) of the City of Carpintoriato:
1. Change tte Gencral Plan derignation of thc Domtown and Beach Pa*ing Lot property fton Genenal Conmeroial (GC), to Open Space Rsreation (OSR).
2. Re-adopf by ftis Initiative, the Op€n Space Recrcation (OSR) dosignarion on the Coasal Open Space Corridor prcperty, as shoum on Erfiibit B.
B. The votcrs hcrcby amcnd the t€xt of l-and Use Map dercriptiors as follows (additions shom inunderline, aon-underlinedtext is notboing amsndodand ie shovrn for context only):
1. Open SpacelRecteation (OSR) Thc OSR land use catogory is intend€d to prwidc recleational areas (pasoivo or activo), including cxieting Da*ing. City parks, boaches, golf couroes and rolatcd usos. It also identifies op€n spase aroas. Tho OSR land ues cregorv may algo Brovido for residoqtial us€s. only ifthq Dfopqrty ie inclpded i4 the Residential ovsrlay zone.
Secdon 4. Tnnlng Amcndmontc
The votem he'reby amsndtho Zoning lvlap (excerpt shonm in E ftibit C) oftho City of Crpintoria, to:
1. Chango thc zoning on tho Downtonm and Bsach Pa*ilg Lotpropcrty, as shown on Exhibit C, from C?D to REC/R
2. Readopt by this Initiative the zoning on the Coastrl Open Space Conidorproperty, as shown on Exhibit C, as REC.
Secdon 5. Efiect of Inidetfoe on Gcnerd Phn Land Ure Cluclffcrdon and Zonlng on SubjectProperfcr Only
thie laitiativs adop,ts Gsneral Plan dosignations and zoning dorignations only fortho Dolvntown and Bach Parking Lot and Coastal Opm Spaoe Conidor properties, which are specifically identified in this Initiative. Tte Initiatiw does not adopt alEr, or changc any other land use classifications or zoning on any othe,t real property in the City of Carpiateria 2 INITIATTVE MEATII'RE TO BE DIRECTLY SUBMITIDD TO TUEVOTDRS Secffon 6. Implemenhfion
A. this Initiative is considorod adopncd and eftctive upon the oarlisst date legnlly possiblc aftsr either the City Corncil adoph the Initiative as law upon its qualification or, if it is placed on the ballol the elections offrcial cortifies the vote on the Initiative by the voters ofthe City of Carpintoria. Upon the offFectivo date ofthis Initiativg the City is dir€stedto promptly take all appropriab ac.tions neededto implomentthis Initiative, includingbut not limited to taking any adninisnative stqrs nccessary to Wdato any and all City maps, figures, aod any other dooumeob maintained by fte City so they conform to fte legislative policies sct forft in this Initiatiw.
B. Upon the effective date of this Initiative, the Genoral Plan amendmenb of Sestion 3 of this Initiative arc hacby insated into ihe Ge,neral Plan; except that if the fotu amendmsntc of any mandatory elemont oftbe Gc,neral Plan permitied by state law for any calendar year have already been utitized in the year in which this Initiative bscomes sfrectivg the Geireral Plan amendnrents set forth in this Initiativo shall be the first amendments insert€d into the Genoral Plan on January I of the next year. The City may reorgonizo, rrnunrb€r, and/or rcformat fte General Plan provirions of Sestion 3 of this Ilitiativo, pr,ovidcdlhatfte fult text is ins€rted into the C€nenal Plan without altea:ntion.
C, The Genenal Plan in effect on the dato of filing of the Notice of Intenrt to Circulato this Initiative ('Filing Dateo), andthe G€n€ral Plao ar anendodby this Initiative, comprise an integate4 internally consistsnt and oompatible strt€moot ofpolicies for the City. To efiilre that the City's Genoal Plan rrmains an integrated, intornally consistent, and compatible statomeot ofpolicies for the City, any provision of the General Plan that is adopted bstwe€o the Filing Dato and the effective date ofthe General Plan ameodmonts adopted by this Initiative shall, to the extent that zuch interim-enac'tcd provision is inconsistent with or would dirninirb rcnder invali4 defsat or iqair ths Gonual Plan smendmsnts adopted by thie Initiativo, be amended a8 soon as possiblc and in the manner and time required by state law to ensurc consistency between the provieions adoprted by this Initiative and other ele,menb oftho General Plan
D. Upon thc cfuivo daic offic rnilistiye, tho provicions of Scction 4 (Zoning Amendments) of this Initiative are hereby ins€rted into the Carpinteria Municipal Code.
The City may reorgaoizo, renumbor, and/or rpformat tho provisions of Section 4 of this Initiative, providedthatthe firlltsxt is inserted into tho Municipal Code without altsatiou
Section 7. Efrect of Other Mearurco on the Srme Ballot
It is the vot€rs'intent to comprohensivoly astablish tte potentid future uses and development of the specific properties that are subjectto the Initiative, including preservatioa of Coastnl Open Spaoe Conidor id its cuftcnt op€n space state and the pressration of the Dowrtown and Beach Parking Lot for continuedparking uees. To ensure that this intent is not frusbate{ and in the eveirt this Initiativs is not adoptcd by the City Council as law, thie lnitiative shall be presented to the voters as an alternative tq and with the elpress intent that it will compete with, any and all 3 IMTTATTyE MEASURE To BE DIRE(CILY sItBltilITTEL To lHE vOIERsl votcr initiatives or City-sponsored measuros placed on the same ballot as this Initiative and which' if approvod' would regulate the rue or devolopmeirt ofthe nrbject popertiee in any mqnner qfisgower (each, a "Conflic'ting Initiative"). In the event that thie Initiative and one or more Cmflicting laitiativoe are ado,pted by tbe voters at the same elcction, thcn it is the voters' intsntthat onlythatmeasure thatrcceives fto groatostnumbcrof affinuatiwvotes Bhall confiol in its entircty md said othormoesurs ormessures ehdl borcndorcdvoid andwithoutany logal effect. In no evont shsll this Initiativo be inbrpmtod in a mannerthat would pe'rmit ib opsrEtion in conjunction with the non conflicting p'rovisions of my Conflicting Initiativo. fthis l;litistive is approved by tho voteis but superseded by law in ufiole or in part by any ofter Conflicting Initiative approved by thc votcrs at the same eleotion, and such Conflicting Initiativo is lat€r held invalid, this Initiativo shall be self-executilg and given fulI folce of law.
Secdon 8. Interarcrtadon and Serrerablllty
A. This Initiative must bo intorpreted so as to be consigtent with alt federal and stats lawe, rules, and rcgulations. If any sectio!, sub-eoctio,n, seoternca, clautc, phnso, part, or portion of this Initiative is held to be invslid or rmconstitutional by a final judgnernt of a court of competent jurisdiction, such decision dms not afr€ct the validity ofthe rmainingportims of this Initiative. Tho voters declare that this Initiative, and each section, subsection, scr$ence, clause, pbrase, part, or portion thcreof, would havc bee,n adopted or pasned irrgspoctive of the fact that any one ormorc sections, sub-sections, s€ntcnoes, clauses, phrases, par! orportion ie found to be invalid. If any provision of this Initiativs is held innalid as applied to Eny p€rson or circumetance, such invalidity does not affect any applioation of this Initiativs that can bo given effect without the invalid application.
B. If any portion of this Initiative is held by a court of corryotent jruisdic'tion to be inrralid" we the People of the City of Carpinteria indicata our sbong deeire thst (i) the City Council ues its best ettorb to strtain and re-€nar{ that portion" and (ii) the City Council implemont this Initiative by taking all stepe possible to sure any ina@uacies or deficioncie,s identified by the court in a mannor consietent with the expless and implied intsnt of this Initiative, inchrding adopting or reenacting any such portion in a manner consistent with rhis Initiative.
C. The Prqloncn6 ofthis Initiativc, and any committee formed to support this Initiative, shall have s&nding to cnforce and defend the provisions of this Initiative in any judicial forum, as nec€ssary.
D. This luitiative mrst be broadly constnred in order to achiwe the purposos ststd above. It is the inteirt of the vot€rs ftat the provisions of this Initiative be intorprated or implemented by the City and others in a mannerthat fasilitatos the purpose set forth in this Initiative.
Sectlon 9. Amendment
The provisions ef this Initiative can be amoodd or rcpealed only by a majority of voters of lhe city of carpintoria voting in an election held in accqdanoe with state ta\r. 4 INITIAITVE MEASITNE TO BE I'IRECTI,Y gI'BItflTITD TO THE VOTERS Secdon 10. Inconelctent Provirlonc Repealed
Any provisions ofthe City of Carpintcria Mrrnicipal Code, or any other ordinances of the City inconsistcnt with this Initiative, to the exteirt of such inoonsirte,ncies and no firrther, are hcreby repealed. This Initietive expresscs the vobrs' intcnt to eliminate any possible inconsistency between exisrting code provisions and the amended General Plan designations and zoning designations.
Secdon 11. Erhlbitr
The following &ftibitu A-D are provided for referenco for the voters and incorporatcd by rsforsnce hercin. The maps me intended to provido contoxt and information rogardiag the location and gunent Crenemal Plan designations and zoning dosignations ofthe Doumtown and Beach Parking Lot and the Coastal Open Space Conidor, as well as the designations of surmunding properties. The inclusion of the maps does not amend fte Gcnoral Plan or zoning designations of any property otherthan those spccificellyamended inthis Initiative. 5 IMTTAIIVE MEAST'RE TO BU DIRECIT,Y SI'BIIIIITEI' TO TEE VOTENS EIi|DftA
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Election Matters Pertaining to City lnitiative
January 10,2022
Attachment C
Resolution Nos. 6092 - 6095, pertaining to November 8, 2022 General Gonsolidated Municipal Election
G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2022\1-10-2022\Setting Election for lnitiative\CARP_ Staff Report Setting Election for lnitiative Measure(23563615.10)_FINAL_2.docx 2356361 5.1 0
Election Matters Pertaining to City lnitiative
January 10,2022
THIS PAGE INTENTIONALLY LEFT BLANK
G:\FIDELA\FPPC\ELECTIONS\Surfliner inn lnitiative\Staff Reports\2022\1-10-2022\Setting Etection for lnitiative\CARP- Staff Report Setting Election for lnitiative Measure(23563615.10)_FINAL_2.docx 23563615.'10
RESOLUTION NO. 6092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, CALLING AND GIVING NOTICE OF A
REGULAR MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, FOR THE SUBMISSION OF AN INITIATIVE
MEASURE TO CHANGE AND/OR READOPT THE CITY OF
CARPINTERIA'S GENERAL PLAN DESIGNATION AND ZONING
DESIGNATION FOR TWO PARCELS OF GITY.OWNED PROPERTY
(APN 004-105-011 AND ApN 004-105-026) LOCATED ADJACENT
TO THE RAILROAD TRACKS TO THE WEST OF LINDEN AVENUE
AND TO AMEND THE DEFINITION OF THE OPEN SPACE/
RECREATTON (OSR) LAND USE CATEGORY OF THE GENERAL
PLAN LAND USE ELEMENT
WHEREAS, pursuant to Election Code Section 1405(a), the City Council of the City of Carpinteria ("City") has elected to submit to the voters at the November 8,2022 regular general municipal election an initiative measure entitled "An lnitiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of CityOwned Property (APN 004-105-011 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element" ("lnitiative"); and
WHEREAS, the City Council requests that the Santa Barbara County ("County") Board of Supervisors consolidate the City's regular general municipal election with any and all elections to be administered by Santa Barbara County Elections/Registrar of Voters ("County Elections Office") on the same date.
NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are hereby adopted.
SECTION 2. That pursuant to the requirements of the laws of the State of California relating to general law cities, the City Council hereby calls and orders a regular general municipal election on Tuesday, November 8,2022 for the purpose of submitting the lnitiative to the qualified voters of the City. 23575759.2
Resolution No. 6092
Page2
SECTION 3. The City hereby calls and gives notice to have its regular general municipal election on Tuesday, November 8,2022 consolidated with any and all elections conducted on such date within the County.
SECTION 4. That the proposed text of the lnitiative Ordinance to be submitted to the voters is attached hereto as Exhibit 1 and incorporated herein by this reference.
SECTION 5. The City Council does order submitted to the voters at the Special Municipal Election the following question, printed in substantially the following form:
Shall the Measure to Change and/or Readopt
the City of Carpinteria's General Plan
Designation and Zoning Designation for Two
Parcels of City-Owned Property (APN 00a105-01 1 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of
Linden Avenue and to Amend the Definition of
the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land Use
Element be adopted?
YES
NO
SECTION 6. That the vote requirement for the measure to pass shall be a majority of the votes cast (50% + 1).
SECTION 7. That the ballots to be used at the election shall be in form and content as required by law or as directed by the Clerk of the county Elections Office to facilitate the consolidation of the City's general municipal election with the County-administered election of the same date.
SECTION 8. That the City Clerk is authorized, instructed and directed 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.
SECTION 9. That the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401of the Election Code of the State of California.
23575759.2
Resolution No. 6092
SECTION 10. That all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 11. 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 and manner as required by law.
SECTION 12. Thatthe City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
SECTION 13. That the City Clerk is hereby directed to file a copy of this Resolution with the Board of Supervisors and the County Elections Office.
PASSED, APPROVED AND ADOPTED on the 1Oth day of January , 2022, by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
Mayor, City of Carpinteria
ATTEST
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
23575759.2
Acting City Clerk, City of Carpinteria
Resolution No. 6092
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as
City Attorney of the City of Carpinteria
23575759.2
Resolution No. 6092
EXHIBIT 1 TO RESOLUTION NO. 6092
23575759.2
INITIATIYE MEAST'RE TO BE I'INECTI,Y SITBITilITIEII TO THA VOTERSI Thepeople of the Ctty of Cerplnterln do ordrln ac followl:
Secdon 1. fitlc'
Ilis initiative measure ('Initiative') shall be lnown as the'Swe Our Downtown end Bcach Prrklng Lot Inldadve.'
Secdon 2. Flndlngc and Puqlose.
A. Findingp. the people oftho city of carpinteria find and declare tho following:
1. The approximatcly l.ls-acrs p,ropsrty located 8119g-I:inqen Aveiruc (APN 004-105- 0l l), iibeleO as p;rcel A" Doqn6$d and Beacb Parking Int on Exhibits { B gC' r-JoUy **irt* of CityPa*ing t ot#3 or Downtown anA geacl Parking Llt' The City ;iarryi"r"ria's GenerafHan clisifies this pmperty as-Con€ral Commersial. The prop€rty ie adjaceot to the carpinteda commrmity Gardsn P8Ik.
2. This pfop€rty is owned by the City of Carpinbria. On Mry t8, 1989 the Ciry accepred this prop€rty from Southotrn paoific (SPfe Hofling,Ino') forplbtic prposer, as shoup on Exhibit D to this Initiative.
3, The approximatoly \.Zl-aaraproperty located * 399 Linden Aveirue on the eouth side of therailroad facts (APl{ 004-i05--026),labeled as Parcel B, Coaetal Opon Spa91- Corridor, on Exhibi6,\ B & C, orrrentty consirts of Open Space. The General Plm dosignates tno" p.p#". aB Open Spaceneorcation. Tho proparty was acquiredby the City in 2013.
4. The Generral Plan contains policies to protect, pr€oon'G and enhanco local natural rcsourses, to provide rd"quate parking for tho public urd for publicorstal8ccoss, to "*iC pt.ringidevelopmeitwhene oxpor"a to tazards-otbansportation corridors, and for ensgring thalzoning aud dwelopment is consist€'nt with zoning and development on adjacent and nearby Parcels.
S. The pgrpooe of the General Plan land uge dosignation ia.!o ostablish the type "n{ int'snsity of land uscs on properties consistent wi& their de,signation in the Oeieeral Plan Land Use Elernent ana Una iXe Map. The zoning dasignations for each proporty must be consisteirt with the Gencral Plan desipation.
6. The voters seek to prreserrre the Downtown and Beach Psrking rot for i!8 crllrEnt we as a publicparking lot and to pres€rvc the Coastal Opon Space.Conidorin itc cunont opan ipa".fi*iat-"ooia* sta1 rs, rnd thereby wish topropoce this Initiativo, wbich will redesigpate and re-z,one these proiperties, by Initiativg go tbat their zonhg is fixed 8nd cannot be changed absent a vote ofthe people.
B. pnrpose- Tte purpore of this Initiative ie to ameld the Gsnoral PIm desigpatioa rnd - ;*,Lg of the pownbwn and Beach Parking Int and Cosstal Open Space Conidor in 1 IMTIATIVE MEASUND TO BE I'INSCTLY SI'BNilITIED TO TUE VOITN$I order to mahtain the sun€nt us€ of those sitqs. The Gcneral Plan desigpatioos and zoning for thcse sit€s will create a consistency of designations and zoning acrogs these noarty sites, also including the Carpinteda Community Garden Paft. Ths Donmfroum and Boach Pding Lot will r€main zoed for prblic parking use and purposes, but not for other commercial uses, with allourance for limitcd reeidential-only rrse consistent with the Resideotial overlay zone as requircd by California Government Codo sestion 66330, subdivision OXIXA).
Secdon 3. CtW of Carplntcrle Gencral Plan Amendments
A. Tbe votcrs hueby amend tho General Plan Diagram (oxcorpt shown in E:&ibit B) of the City of Carpintoriato:
1. Chuge fte Ge,neral Plan designation ofthe Downtown and Beaoh Padring Lot prop€rty from General ComserciEl (CC), to Open Spaoe Rsreation (OSR).
2. Re-adopf by this Initiative, the Open Space Recreation (OSR) doignation on the Coastal Open Space Corridor pnopcrty, as sho\rm on Exhibit B.
B. The votcrs hcreby amcnd the text of Land Us€ Map desoriptions as follows (additions shown in underline. non-undedined rcxt is not boing amsndod and is shown for context only):
1. Open SpacolReoreation (OSR) Thc OSR land use catogory is intc,ndcd to pmrride recreational areas (passive or active), including existing garkisg. City parks, boaohes, golf courses and rplated uses. It also idctilifies op€n spaco arcas. The OSR land une catsgorv may algo provido for residonti4 us€s. only if the grogqrty is included in the R$idential overlay zone.
Secdon 4. Zonlng ^Amcndmentl
The voters hereby ame'nd tho Zoning lvtrap (excerpt shorvl in E dibit C) of the City of Crpinteria" to:
1. Chango thc zoning on tho Downtown and Bcach Parking Lotprupc,rty, as shown on Exhibit C, from C?D to REC/R
2. Raodopf by this Initiativg the zoning on the Coastal Open Space Conidorproperty, as shown on Exhibit C, as REC.
$ecdon 5. Efrect of Inidetlve on General Plrn Land Use Cla$lffcadon and Zoning on SubJectPropetffer Only
This lnitiative adopts Gsneral Plan designations and zonhg dooignrtions only for tho Downtourn and Beach Padcing lot and Coastal Opeir Spaoe Conidor properties, which arc specifically idsntified in this Initiative. 'lhe Initiative does not adopl alter, or change any other land use classifications or zoning on any other real pop€rty in the City of Carpinteria 2 INITIATIVE MEAST'RE TO BE DIRECTLY SIJBMITITD TO TEE VOTERS SeoEon 6. Implementaffon
A. This Initiative is considor€d adopncd and effocdve upon the oarliest date legrlly possiblc aftcr eitherthe City Council Edoeb tho Initiative as law upon its qualification or, if it is placed on the ballot the elections official certifies the votc on the Initiative by tha voterrs ofthe City of Carpinbria. Upon the erffoative date ofthis Initiative the City is dir€ctedto promptly take a[ approeriats actions needed to inplermerntthis Initiative, including but not limited to taking any administative steps necersuy to rrydato any and all City maps, figurcs, and any other dosum€ob maintained by fte City so they conform to fre legislative polioies set forth in this Initiativs.
B. Upon the efrectivc date of this Initiative the Genoral Plan meodmenb of Secfion 3 of this Initiative arc hercby insemed into the General Plan; exce,pt that if the fou amendmsnts of any mandatory elernent ofthe Gcneral Plan permitred by sbb law for any calendar year have already b€€n dilized in the year in which this Initiative becomes effective, the Geireral Plan amondmeots set forth in this Initiative shall b€ the first amendmelrts insertd into tho General Plan on Janury I of the next year. The City may reorganizo, rcnumber, and/or refomat tho Gcneral Plan provirions of Section 3 of this Initiativo, provided thatthe full text ie ins€rted into the Genreral Plan without altcration.
C. The Ge,neral Plan in effect on ths dato of fling of the Notice of Intenrt to Circulate fis Initiative ('Filing Dateo), andthe G€nerol Plan ar amerildsdby this Initiativo, comprise an integate4 internally consiste'nt, and oompatible stat€inont ofpoliciec for the City. To ensure that the City's Genenl Plan remains an integrated, intornatty consistenq and compatible statement ofpolicies for the City, any provision ofthe G€n€ral Plan that is adopted bctween the Filing Date andthe effective dato ofthe General Plan amendments adopted loy this Initiadve shall, to tho cxt€nt that suoh interim-enac'ted povision is inconsistent with or would dininish, render invalid, dofoat or iryair the General Plan amendmonrts adoptedbythis Initiativs, be amended as soon as possible andinthe mann€rr and time required by stato law to en$re consistcncy betwecn the provisions adop'ted by this Initiative and o&er elcmenb of tho Ge'neral Plan
D. Upon thc sfuivo datc offic Initiative, tho provisions of Scction a (Zoning Amendmeirtg) of this Initiativc are hereby ineerted into the Carpintoria Municipal Code.
The City may reorgaoizo, renumber, and/or reformat the provisions of Section 4 of this Initiative, provided that the full text is inserted into the Municipal Code witbout alteration
Section 7. Efiect of (Xher Mersurs on thc Srme Ballot
It is the voters' intent to comprohensively ostrblish fte potcntial future uses and development of the specifio properties that are subject to the Initiative, including preservation of Coastal Open Space Corridor id its currcnt op€n ipace state and fte praservation of the Downtown and Beach Parking Lot for continuedparking uses. To onsure that this intcnt is not ftrs$ate{ and in the event this Initiative is not adopted by the City Council as la$r, this Initiative shall be presented to the voters as an alternative to, and wift the express intentthat it will compete with, any and all 3 IInIIATIVE Mf,AST'RE TO BE DIRECII,Y SITBIIITISI' TO TITN VCIIERSI voter initiatives or City-sponsored measures placed on the ssmo ballot as thig Initiative snd whicb' if appmvd would regulatc the rue or dcvolqme,lrt of the zubject prroperties in any mnnner qft61gowcr (each, a "Ccnflicting Initiative"). In tho went that this Initiative aud one or more Conflicting Initiatives are adopted by the voters at the same eloction" ftcn it is tho votcrs' intelrt that only that measurc that recoives fto grcatoet numbcr of affirmativc votes shdl contol in its entfuety and said othermoasure ormeasures ehsll bo rendcredvoid mdwithoutany legal effect. In no evont shall this Initiative be inrrpr*ed in a manner tbat would permit ib opcrration in conjunction with the non-conflicting provisions of any Conflicting Initiativo. If ftis tnitiative is approved by the votcrs but supersedcd by law in whole or in part by rny ofter Conflicting Initiative apprcved by the voters at the samc eleotion, and such Conflicting Initiativs is latfi held invali4 this Initiativo shall be self-executing and given full force of law.
Secdon t. Intcrlrctadon and Swerabllity
A. This Initiative must bo intorpreted so as to be consistent with sll federal and stato lawe, rules, and rogulatione. If any section, sub-section, sontoncg, clause, phnse, part, or portion sf this Initiative is held to be invalid or rmconstitutionnl by a find judggcnt of a court of competent jurisdiction, such decision dom not affect the validity ofthe rcmaining portions of this Initiative. Tho voters declare thst this Initiative, and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or pasrcd inespcctive of the fact that any one ormorc sectionS, sub-sections, s@t€nces, clauses, phrases, part, orportion ie found to be invalid' If any provision of this Initiativo is held invalid as appliod to Eny porson or ciraumstancg suoh invalidity doee not affect any applioation of this Initiativs that can be givon effect without the invalid application.
B. If any portion of this Initiative is held by a court of compotent jurisdiction to be invalid, we the People of the City of Carpinteria indicate our shong desire that: (i) the City Council uss its best efforb to sustain and re-€naot that portion, and (ii) the City Council implement this Initiative by taking all steps possible to sure any ina@uacies or deficioncies identified by the court ia tr mennss sonsistent with the exprross and implied intont of this Initiativg including adopting or recnacting any such lnrtion in a maoner consist€rnt with this Initiative.
C. The Prqlonenb of thie Initiative and any committcc formed to support this Initiative shall have shnding to enforco aad defsndthe provisions ofthis Initiative in anyjudicial fonrm, as necessary.
D. This Initiative mrxt bc bnoadly constnred in orrder to achisve the purposes stated above. It is lhe inteirt ofthe votcrs that the provisionr of this Initiative be intapreted or implemenled by the City and othars in a maoner that fasilitltss the purpose sef fortU in this Initiative.
Sectlon 9. Amendment
The provisions of this Initiative can be amsnded or rcpealed only by a majority of voters of the city of carpintsria voting in an election held in accordance with state law. 4 II\IITTAIIVE MEASTJRE TO BE DIRECTLY ST'BNMTIEI' TO TEN VOITRS Secton 10. Inconclctent Provisionr Repealed
Any provisions of the City of Carpinteria Municipal Code, or any othen ordinances of the City inconsisted with this Initietive, to the extcnt of such inconsist€,ncies and no finther, are hereby repealed" This Initiative expr€sses the voters' inrcnt to etiminatc any poesible inconeisteircy between existing code provisions and the amended General Plan designations and zoning designations.
Secdon 11. Erhlbltr
The following Exbibits A-D are provided for referencs for the voters and incorporated by rrsfot€nce her€in. the maps ne intcmdedto provide qontcxt and information rogudi4g the location and gurr€nt G€treral Plan designations and zoning dasignadons of the Dovmtown aad Beach Parking Lot and the Coastal Ope'n Space Conidor, as wsll as the designations of $unoulding properties, The inclusion of the m4ls does not amend fte G€noral Plan or zoning designations of any property other than those spccifically amended in this Initiative. 5 INITIATIVE MEASI'NE TO BE DIRECTLY SUENilITIUI TO IEf, VOIERSI EtlllftA
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RESOLUTION NO. 6093
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SANTA BARBARA TO
CONSOLIDATE THE CITY OF CARPINTERIA'S REGULAR
GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO
s 10403 oF THE ELECTION CODE
WHEREAS, the City Council of the City of Carpinteria ("City") called a regular general municipal election to be held on November 8,2022, for the purpose of submitting to the voters of the City an initiative measure entitled "An lnitiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of City-Owned Property (APN 004-105-01 1 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element" ("lnitiative"); and
WHEREAS, it is desirable that the City's regular general municipal election be consolidated with the statewide general election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the Santa Barbara County Elections/Registrar of Voters ("County Elections Office") canvass the returns of the City's regular general municipal election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE,
DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are hereby adopted.
SECTION 2. That pursuant to the requirements of Section 10403 of the Election Code, the County of Santa Barbara ("County") Board of Supervisors is hereby requested to consent and agree to the consolidation of the City's regular general municipal election with the statewide general election on Tuesday, November 8,2022, for the purpose of submitting the lnitiative to the qualified voters of the City.
23575776.2
Resolution No. 6093
Page2
SECTION 3. That the proposed text of the lnitiative to be submitted to the voters is attached hereto as Exhibit 1 and incorporated herein by this reference.
SECTION 4 The proposed Initiative shall appear and be printed upon the ballots in substantially the following form:
Shallthe Measure to Change and/or Readopt
the City of Carpinteria's General Plan
Designation and Zoning Designation for Two
Parcels of City-Owned Property (ApN 00a105-01 1 and APN 004-105-026 Located Adjacent to the Railroad Tracks to the West of
Linden Avenue and to Amend the Definition of
the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land Use
Element be adopted?
YES
NO
sEcrloN 5. That the vote requirement for the measure to pass is a majority of the votes cast (50% + 1).
SECTION 6. That the County Elections Office is authorized to canvass the returns of the City's regular general municipal election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election.
sEcrloN 7. That the Board of supervisors is requested to issue instructions to the County Elections Office to take any and all steps necessary for the holding of the consolidated election.
SECTION 8. That the City recognizes additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for costs.
SECTION 9. That the City Clerk is hereby directed to file a copy of this Resolution with the Board of Supervisors and the County Elections Office. 23575776.2
Resolution No. 6093
PASSED, APPROVED AND ADOPTED on the 1Oth day of January, 2022, by the following vote:
AYES: COUNCILMEMBER
NOES COUNCILMEMBER
ABSENT: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER:
Mayor, City of Carpinteria
ATTEST
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as
City Attorney of the City of Carpinteria
23575776.2
Resolution No. 6093
EXHIBIT 1 TO RESOLUTION NO.6093
23575776.2
INIIIIATTVE MEASI'NE TO BE DIRECTLY SI'BIIfiITIED TO THE VOltsRS The people of the Ctty of CNrplnterla do ordsln ar followr:
Segdon l. Iltle.
This initiative measure ('Initiativc") shall be lnoum as thc'Slve Our lDowutown ond Bcach Perldng lot Inldadve."
Secffon 2. Flndlngs and Putlore.
A. Findinp. the people oftho City of Carpinteria find and declare the following:
1. Theapproximatelyl.ls-acteprcp€rtytocatedqt!99-l,in{enAvenus(APN0O4--105- oll),iibeled o parr*t I, Donrnon'i and Beach Parking Int, on Exhibits AJ B gC' r#*tfy **irt* oiCityPa*ing Lot #3 or Downtown and Boacb Parking Lot.The City oiCrtpirt ta's Geo€raf Plan ctisifies thie pro,perty asGenerral Commercial. The property is adjacent to tho carpinteria commuoity Gardon Park
2. This property ir owned by the City of Carpintsria. On May 18, 1989 the City accepted tftiu pioi3rtf Aom Soutbsrn Prcifrc (SPTd Holding Inc.) for public pu{xts€s' as shoum on ExhibitD to this Initiative.
3. The approximatoly |.2l-asrcproperty locatod lt 3ry Linden Avenus on tho south side of the raitroad hacks (APN OOq-iOi-OZ6), labsled as Psrcel B, Coa$al Open Spa91- Corridor, on Exhibit A, B & c, cure;Uy eomisteofopen Space' Tte General Plst designates tn6e p.prrti"r
"r $ro Spaee/Reoreation. lbo property was acquirod by the City in 2013.
4. Ttre General Plan contains poticies to protect presorvc and enhanco local natural r€sourc€$, to provide .Aeg,r"t" pa*in! for tho public and for publiccosstal acc€ts8' to avoid placing developmont whire exposed to tazards of nansportation corridors, and for ensuring thaizoning and dwelopne'nt is consiste'nt with zoning and den'elopmont on adjacent and nearbY Parcels.
5. The purpose of the Ge,neral Plan land uge doeignation is.to €fitablish tbo tf'pe aod int'ensity of land usss oo prop"rtio cotrsistent wi& their designatioa in&e General Plan Land Use Elernent anO L;aiJse Map. the zoning designations for cach properfy mrrt be consisteirt with the General Plan designation'
6. The votsrs seek to preservo tho Downtown and Beach Puking f ,o! fq $ cur€nt use 8s a public parking lorq and to prccerve ths Coastal Open Space Corridor in ltc onent opent ip**ti"tiat-.o6Cot etatgs, and there,by wisb topropose this Initiative, which will re' Oesipats and re-zone thase properties, by Initiative, so that their zoning is fixed and cannot be cbanged absent a vote oftho people.
B. purpoce. The prnpore of this Initiativo ie to amelnd the Gsnsral Plan deeignatioa snd zofrg of the iowlown and Beach Parking Lot and Coastal Opon Space Conidor in t
INITIATTVE MEASURE TO BE DIRECTI,Y SIIBIIilITITII TO lUE VOTERS odor to mafuilaitr the cunent u8€ of those sit€$. The Gc,neral Plan dcsignationr and zoning for these sites will cr€ate a consistency of designationr and zoning acroso these nearty sites, aleo lnchding the Carpinteria Cmmuity Garrdeir Pa*. Tho Downlocm and Boach Parking Lot will rcmain zmredfor public parking ure and purposes, but not for othor commercial urer, with allovnnnce for limiEd rssid€ntial-only use consist€nt with tho Regidential overlay zone as requiredby California Governme,nt Code sestion 66330, subdivision OXIXA).
$ecdon 3. Ctty of Carplntcde Generd Plan Amendments
A. The votcrs hereby amend tho Gcneral Plan Diagram (excerpt shoum in Exhibit B) of the City of Carpintoriato:
l. Cbmge fte Gencral Plan derignation of the Downtown and Beach Parking Lot prcpcrty ftom Gsneral Commqcial (GC), to Open Spaco Reoreation (OSR).
2. Re-adop( by this Initiative, th€ Open Space Recrcation (OSR) designation on thc Coastal Open Space Conidor prroperty, as shoum on E rhibit B.
B. The vot€N hereby amcnd thc tcxt of I-and Use Map derodptions as follows (additio,ns shoum in undprline. non-underlined text is not boing amsnded and is shovrn for context only):
l. Open SpacolRecreation (OSR) The OSR land use calogory is intcnd€d to provida resreationd areas (passivo or active), including existing pa*ing. City parks, boaches, golf oourses and related usos. It also ideiflifies op€n spacc areas. The OSR lmd uae catogory mav also provide for residential us€s. only ifths prcI,€rty is included in the Residential overlay zone.
Sec-llon 4. Zonlng Amendmcnb
The voters heroby amsnd tho hfuglvlap (exoerpt $ovm in E &ibit C) of the City of Carpinteris" to:
1. Chango thc zoning on tho Doumtown and Bsach Partiug Lotpropcrff, as shown on Exhibit C, from CD to REC/R
2. Re-adopt, by this Initiativg the zoning on the Coastrl Open Space Corridorproperty, as shown onExhibit C, as REC.
Secdon 5. Efrect of Inldetlve on Generd Plan Land Ure Chcclffcaflon rnd Zonlng on SubJectProperder Only
This Initiative adopts General Plan design*ions and zoning dosignations only for tho Downtonm and Beacb Parking Lot and Coastal O,pen Space Conidor properties, which arc specifically identified inthis Initiative. The Initiatirre does not adopt alter, or chrnge any other landuse classifications or mning on any othor rcal prop€rty in the City of Carpinteria 2 INIfiATIVE MEASII'RD TO BE DIRECTLY SUBNilITITD TO lgE VOIERS Secton 6. Implementaton
A. this Initiative is consid€red adoptcd and effcc'tive upon the earliest date legnlly possible aftEr eithertbe City Curnoil adopb the Initiative as law upon its qualification or, if it is placed on the ballot the elcctions offcial certifies the voto on the Initiative by the votere of the City of CarpinBria. Upon fte efrective date ofthis Initiative, the City is dircc'tedto promptly tako all appropriate actions rcededto implomentthislnitiativc, includingbut not limitcd to taking any administrativc st€ps nccessry to rrydate any md all City maps, figures, and any other dooumenb maintained by fre City so they conform to fte legislative polioies Bet forth in this Initiati'rc.
B. Upon tho efrective date of this Initiative, the Gensral Plan amendmenb of Section 3 of this Initiative aro heroby ins€ded into the Gc,neral Plan; except that if tho four amen&nsnts of anymandalory elemont ofthe General Plan permittedby shtc law for any oalendar yoar have already be€n utilized in the year in which this Initiative becomes effectivg the General Plan smendmms set forth in this Initiativs shall be the first amendm€dts inssrtd into the Genenal Plan on Janury I ofthe nextyear. The City may reorganize, mnumb€r, and/orroformat fte General Plan provieions of Section 3 of this Initiative, providod that the full text is inserted into the Gecreral Plan without alteration.
C. The General Plan in efreot on tho dato of filing of the Noticc of Intent to Circulate this Initiative ("Filing Date'), and the General Plan as amen&d by this Initiative, comprise an integate4 intcrnally consist€nt, and compatible stit€mont ofpolicies for the City. To ensure that the City's Gcnaal Plan rsmains an integrated, intomally consistent, and compatible statsment ofpolioies for the City, anyprovision oftbe Gen€r8l PIan that is adopted betwee,lr the Filing Date andthe effective daE ofthe General Plan amendments adopted by this Initirtivo shall, to tbe extent that zuch interim-e,nacted provision is inconsistent with or would diminish, render invali4 defeat or iryair tho General Plan amondmonts adopted by this Initiativo, be amendod as soon as possiblc and in the mann€,r and time requirod by state law to ensulE consistenoy betwe€n the provieions rdopted by this Initiative and other eleme,nb ofths Gcnreral Plan
D. Upon tha cffcctivc datc of thic Initiativc, tho provisione of Scction a (Zoning Amendmenrte) of this Initiativo are hereby inserted into the Carpinteria Municipal Code.
The City may reorganize, r€,nuffb€r, and/or roformat tbe provisions of Section 4 of this Initiative, provided that thc firll text is inserted inio the Municipal Code without alteration
Section 7. Effect of Other Meacurcc on the Srne Ba[ot
It is the vot€,rs'intent to compohensively osbblish tte potcntial futurs uses and development of the specific proparties that arc subjoct to the Initiative, including prreservrtion of Coastal Open Space Conidor id its cufi€nt op€n space state and fte prcservrtion of the Doumtowtr and Beach Parking Lot for continuedparking uses. To ensure that this intent is not frushated, and in the eveirt this Initiative is not adopted by the City Counoil as law, this Initiative shall be pres€nted to the voters as an alternative to, and witt the expross inteot thflt it will cornpote with, any and all 3 INIrI^ATTVE MEASTTRE TO BE DIRECIT,Y SI'BMITITD TO THE VOIERII vot€r initiatives or City-sponsored measures placed on the samc ballot as this Initiative and which, if approvd would regulate the use or dovolo,pmeirt ofthe zubject F,oporties in any mqnner whatsowcr (each, a nConflicting Initiative'). In lhe evant that thiC tnitiative and one or more Conflicting kltiativcs are adopted by lhe vot€rs at the eame election, thcn it is the voters' intent thst only that meosure that receives fto gratoot numbcr of aftrrnrtivo votes shtll contol in its entfuety md said othermoasure ormeasures ehelbo rcndsrcdvoidandwithoutany lcgal effect. In no wo,nt +hell this Initiativs be inbrpr#d in a menncr'that woutd permit its oporation in conjunction with the non conflicting provisions of any Conflicting Initiative. If &is l;itittive ic approved by the voters but superseded by law in urholo or in part by any otter Conflicting Initiative approved by tbo votcrs at the same eloction, and such Conflicting Initiativo is lat€r held invatid, this Initiativs shall be solf-exeoding and givon full force of law.
Secdon 8. Intcrlrctrdon end Swcrrbtlity
A. This Initiative must be interpreted so as to be consistent $'ith all fed€ral and stato lawe, rules, and rcgrrlations. If any section, sub-eaotion, sontenco, clause, pbrasa, porl or portion sf this Initiative is held to bo invalid or rmconstitutioul by a final judgnont of a court of competent jruisdiction, such decision doos not afrect the validity of the rvmaining portions of this Initiative. Tho voters declare thatthis Initiative, and each section, sub.section, sentence, clause, pbrase, part, or portion thereof, would have been adopted or passed irrespective ofthe fact that any one or morc sections, sub-sections, s€,nt€noes, clauses, pbrases, par! or portion ie found to bo invalid' If any provision of this Initiativs is held invalid as appliod to Eny p€rson or circumstancg such invalidity does not affect any qpplioation of this Initiative that can bo givon effect without the invalid application.
B. If any portion of this Initiative is held by a court of oompotentjruisdiction to be invalid' we the People of the City of Carpinteria indicate our shong deeirc tbd: (i) the City Council uso its best offorb to $abin aud rc-enact that portion, and (ri) the City Council implemmt this Initiative by taking all steps possible to curo any inadeqrracios or deficisncie,s identified by tbe court in a mannor consistsnt with the exprocs and implied inte'nt of this Initiative, including adoptiug or reenacti4g any such portion in a manner oonsistent n ith this Initiative.
C. The @onents ofthis Initiative, and any commitrce formcd to support this Initiative, shall have stnnding to enforco and dsfend the provisions of this Initiative in any judicial fonun, as necessary.
D' This Initiative mrst be broadly constnrod in order to achiwe the purposes stat€d above. It is the intent ofthe votcrs that the po'visions of this Initiativc be intorpreted or implemented by the City and others in a mannsrthat facilitatos the purpose set fortn in this Initiative.
Sectlon 9.Amendmcnt
The provisions of this Initiative can be ametrdsd or rcpealed only by a majority of voters of the city of carpintoria voting in an clection held in accordance with starc taw. 4 INITIATIVE MEASI'RE TO BE IIIRECII,Y SIJBNilITIEI' TO TgE VOTENS Secton 10. Inconelctent Proviclons Repcaled
Any provisions of the City of Carpinteria Municipal Code, or any other ordinances of the City inconsistctrt with this Initietive, to the extc,nt of zuch inoonsistencies andno firther, are hereby r€pealed. This Initiative exprcsses the votprs' intcnt to eliminate any poasible inconsisteircy betrreen existing code provisions and the amonded Genenl Plan designations and zoning dosignations.
Secdon 11. ErhDiA
The following 8t&ibitr A-D are provided for reference for the voters and incorporatedby rofsronce hercin. The maps arc intondcd to providc contcxt and information regardiag the location md surr€nt er€treral Plan dmiguations and zoning dosignations of the Doumtown and Beach Parking Lot and the Coastal Ope,n Space Corridor, as well as the designations of surrounding properties. The inolusion of the maps does not amend &e Gensral Plan or zoning designations of any property other than those specifically amonded in this Initiativo. 5 IMTIAIWE MEAST'NE TO BE IDIRECTLY ST'BMITIU' TO TEE VOIENS ErUfftA
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RESOLUTION NO. 6094
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING AN INITIATIVE MEASURE
TO CHANGE AND/OR READOPT THE CITY OF CARPINTERIA'S
GENERAL PLAN DESIGNATION AND ZONING DESIGNATION FOR
TWO PARCELS OF C|TY-OWNED pROpERTy (ApN 004-105-011
AND APN 004-105-026) LOCATED ADJACENT TO THE RAILROAD
TRACKS TO THE WEST OF LINDEN AVENUE AND TO AMEND
THE DEFtNtTtON OF THE OPEN SPACE/ RECREATTON (OSR)
LAND USE CATEGORY OF THE GENERAL PLAN LAND USE
ELEMENT, AND DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS
WHEREAS, the City of Carpinteria's ("City") regular general municipal election, to be consolidated with the statewide general election, is to be held in the City of Carpinteria, California, on November 8, 2022, at which there will be submitted to the voters an initiative measure that shall appear on the ballot in substantially the following form:
Shall the Measure to Change and/or Readopt
the City of Carpinteria's General Plan
Designation and Zoning Designation for Two
Parcels of City-Owned Property (APN 004-
105-01 1 and APN 004-105-026 Located
Adjacent to the Railroad Tracks to the West of
Linden Avenue and to Amend the Definition of
the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land Use
Element be adopted?
YES
NO
NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes the following membe(s) of the City Council to file written argument(s) not exceeding 300 words against the initiative measure, 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 California:
23575777.2
Resolution No. 6094
Page2
Councilmember Against
Councilmember Against
Councilmember Against
Councilmember Against
, Councilmember Against
SECTION 2. The arguments shall be filed with the City Clerk no later than August 4,2022 by 5:00 P.M., signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
The arguments may be changed or withdrawn until and including the date fixed herein after which no arguments for or against the city measure may be submitted to the City Clerk. Additionally, the proponents of the Initiative may submit an argument in favor of the initiative measure not exceeding 300 words in length. ln the event more than one argument in support of a position is submitted, the City Clerk will decide which argument for or against will be published in accord with Elections Code Section g2B7.
SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney.
The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.
b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City.
c. ln the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10- point type, the following: "The above statement is an impartial analysis of the lnitiative Measure entitled 'An Initiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of city-owned Property (APN 004-105-011 a
23575777 2
Resolution No. 6094
and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element.' lf you desire a copy of the lnitiative Measure, please call the City Clerk's Otfice at (805) 755-4446 and a copy will be mailed at no cost to you."
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on the 1Oth day of January, 2022, by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
Mayor, City of Carpinteria
ATTEST:
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
23575777.2
Acting City Clerk, City of Carpinteria
Resolution No. 6094
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as
City Attorney of the City of Carpinteria
23575777.2
RESOLUTION NO. 6095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR AN INITIATIVE MEASURE TO
CHANGE AND/OR READOPT THE CITY OF CARPINTERIA'S
GENERAL PLAN DESIGNATION AND ZONING DESIGNATION
FOR TWO PARCELS OF C|TY-OWNED PROPERTY (APN 004-105-
011 AND APN 004-105-026) LOCATED ADJACENT TO THE
RAILROAD TRACKS TO THE WEST OF LINDEN AVENUE AND TO
AMEND THE DEFINITION OF THE OPEN SPACE/ RECREATION
(OSR) LAND USE CATEGORY OF THE GENERAL PLAN LAND
USE ELEMENT
WHEREAS, Elections Code Section 9282 provides for written arguments to be filed in favor of or against measures placed on the ballot by petition, which shall not exceed 300 words in length; and
WHEREAS, Elections Code Section 9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments.
NOW, THEREFORE, THE CITY COUNCIL DOES BE IT RESOLVED,
DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the Elections Official has selected the arguments for and against the measure which will be printed and distributed to the voters, the Elections Official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments,
The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument shall not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and 23575778.2
Resolution No. 6095
Page2
signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument wnicn it seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.
sEcrloN 3. That the provisions of section 1 shail appry onry to the election to be held on November 8,2022, and then shail be repealed.
SECTION 4. The City Council recognizes that at the time this Resolution is adopted that the City is still in a state of local emergency relating to the covlD-19 pandemic and that as such, it may be necessary to adjust the procedures, rules and policies for filing of rebuttal arguments in order to ensure social distancing and safe practices to prevent the spread of the virus. The City Council therefore authorizes the city clerk to modify the form, method, and manner of submittal of rebuttal arguments should the same be necessary to prevent the spread of COVID-19. Such modification may include the acceptance of electronic submittals. This authorization to the City Clerk shall not include the authority to adjust, amend, or modify the date or time by which such rebuttals are due or the length of such rebuttals.
PASSED, APPROVED AND ADOPTED on the 1Oth day of January ,2022, by the following vote:
AYES COUNCILMEMBER:
NOES: COUNCILMEMBER
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
23575778.2
Mayor, City of Carpinteria
Resolution No. 6095
ATTEST:
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as
City Attorney of the City of Carpinteria
23575778.2
Election Matters Pertaining to City lnitiative
January 10,2022
ATTACHMENT D
Resolution Nos. 6088 - 6091, pertaining to April 12, 2022 or April 19, 2022 Special Stand-Alone Municipal Election
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Election Matters Pertaining to City lnitiative
January 10,2022
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RESOLUTION NO. 6088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA CALLING AND GIVING NOTICE OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL
-,
2022 FOR THE SUBMISSION OF AN INITIATIVE MEASURE TO
CHANGE AND/OR READOPT THE CITY OF CARPINTERIA'S
GENERAL PLAN DESIGNATION AND ZONING DESIGNATION
FOR TWO PARCELS OF CITY-OWNED pROpERTy (ApN 004-
105-011 AND APN 004-105-026) LOCATED ADJACENT TO THE
RAILROAD TRACKS TO THE WEST OF LINDEN AVENUE AND
TO AMEND THE DEFINITION OF THE OPEN
SPACE/RECREATTON (OSR) LAND USE CATEGORY OF THE
GENERAL PLAN LAND USE ELEMENT
WHEREAS, pursuant to Election Code Section 1405(b), the City Council of the City of Carpinteria desires to submit to the voters of the City an initiative measure entitled "An lnitiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of City-Owned Property (APN 004-105-011 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element" ("lnitiative"); and
WHEREAS, the City Council desires to call a special election for the lnitiative to be held on the election date of April _, 2022; and WHEREAS, the Santa Barbara County Elections Division will be unable to conduct, nor consolidate said special election with another election to be held in April of 2022,;
NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are hereby adopted.
SECTION 2, That pursuant to the laws of the State of California relating to general law cities, a special municipal election is called and ordered to be held in the City of Carpinteria, California, on Tuesday, April _, 2022 for the purpose of
submitting the lnitiative to the qualified voters of the City.
SECTION 3. That the proposed text of the lnitiative to be submitted to the voters is attached hereto as Exhibit 1 and incorporated herein by this reference. 23574999.2
Resolution No. 6088
Page2
SECTION 4. The City Council does order submitted to the voters at the special municipal election the following question, printed in substantially the following form:
Shall the Measure to Change and/or Readopt
the City of Carpinteria's General Plan
Designation and Zoning Designation for Two
Parcels of City-Owned Property (APN 004-
105-01 1 and APN 004-105-026) Located
Adjacent to the Railroad Tracks to the West of
Linden Avenue and to Amend the Definition of
the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land Use
Element be adopted?
YES
NO
SECTION 5. That the vote requirement for the measure to pass shall be a majority of the votes cast (50% + 1).
SECTION 6. That the ballots to be used at the election shall be in form and content as required by law.
SECTION 7. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, precinct board members, poll locations, and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 8. That the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code Section 10242, except as provided in Section 14401of the Elections Code of the State of California.
SECTION 9. 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 10. 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 and manner as required by law. 23574999.2
Resolution No. 6088
SECTION 11. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED on the 1Oth day of January ,2022, by the following vote:
AYES COUNCILMEMBER
NOES: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
Mayor, City of Carpinteria
ATTEST
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as
City Attorney of the City of Carpinteria
23574999.2
Resolution No. 6088
EXHIBIT 1 TO RESOLUTION NO. 6088
23574999.2
IMTIATWE MEASIIRE TO BE DIRECTI,Y SI'BIIIITTED TO IIIE VOltsN$I The people of the City of Carplnhrla do orddn as followt:
Sec{on 1, Tltle.
'l1is initiative measuro ('Initiative") shall be lnoum as the'Slve Our llowntown rnd Bcech PerHng Iot Inlffadvc."
Secdon 2. Flndlngc end Puqlore.
A. Findinp. 1be people ofthe City of Carpinteria find and deolare the following:
I . The approximately I . 1 S-aclo propsrty locapd at 499 Linden Avcnuo (APN 00+l 05- ot t;, iibeteO as plrcel A Do'rptbgd and Boach Parking Lot on Enhibitt ! B gC' fiJ"UV consists of CityPa*ing lot#3 or hwntoun and Beacb Parking Lot Ttre City oiCatpinati"'s Generlef Phn ctigsifics this pro!,sry as€eneral Commercial. The property ie adjacoot to tbe carpintcria cornnrrmity Garden Park.
2. This pmpo*y ir owned by the City of Carpintsria. On May 18, 1989 tho City accepled tftis proirrtifrom Sogthem Pacific (SPTC Holdirg Inc.) for publio Pluposcs' as shonn on E:rhibit D to this Initiative.
3. The approximatoly \.2l-aaropropcrty looated at 399 Linde,n Avenus on ths south side of the railroad facks (APN gga-igia2q, hbeled as Parcel B, Coastal Opcn Spry1- Corridor, o'n gxhibit A, B & C, curre-:tty comists of0pen Space' Tbe Oeneral PIm designates these properties as Open Space/R€oreation. fts 1rroperty was acquired by &e City in 2013.
4. The General Plan contains policiee to protec! presorve and e,nhanco local natural r€souric€s, to provide aarqirrc parking for tho public urd forpubliccoastal rcooss, to avoid placing developmont whe,rs oxposoA to hazards of fansportatio-n co-rndoro,. and for ensgring &alzoning and devolopment ie consist€ot with zoning and developmernt on adjace'lrt and aerrbY Parcels'
5. The plrpose of the Geperal Ptan land use dosieqatioa ig to qtablisb tho type "n4 intensity of land uses on properties consistent wi& ttreir design*ion in tbe General Plan Land Use Element anA f,ana iXe Map. Ihe zoning designations for each property mut be consistentwith the General Plan designation.
6. The vot€rs seek to presene the Downtovm and Beach Parking t91 for ils current use as a public parking tot, and to pr€s€rve tho Coa*al Opon Space Conidor in its currcnt opon spsce/habitat-"ooiOor gtatgs, and theroby wiuh to pmpose thie Inltiative, which will ne' dssignats and re-zono those properties, by Initiativg so that their zoning is fixed and caonot be cbanged abssnt a vote ofthe people.
B. purpoce. The pgrpoee ofthis Initiative is to am€dd the Geme'ral Plan dosigpatiol and ,o.rl"g of the pow:rtown and Beach Parking Iot and Coa$tal Opem space Conidor in t
INffiATTyD MEABTJRD To BE DIRE{CTLY St BIi'IITIED TO THE VOIERS ordor to maintain the cur€nt uso of ftoso sites. The General Plan designationo and zoning fm these sites wiU create a consistency of &eignadone and zoning acmoss these ncarty sites, also inctrdiag the Carpinteria Commuity Ganden Pa*. Tho Downtovm and Boach Pa*ing Lot \ffill r€main zwdfor public parting usa and prnposes, but not for other commercial user, wilh allowanoe for limitcd residential-only usa consistent with the Residential overlay zone as rcqufued by California Govornmeirt Code seotion 66330, subdivision OXIXA).
Secdon 3. City of Cerplnterlr Gencrd Plen Amendmentr
A. Tte vot€$ hereby ame,nd tho General Plan Diagram (excorpt shown in Exhibit B) of the City of Carpintoriato:
1. Chuge fte Gencral Plan designatioo ofthe Domtoum and Beach Parking Lot propc,rty fi,om General Commcrcial (GC), to Opeir Space Reorpation (OSR).
2. Re-adop( by this Inittative, fte Open Space Rectration (OSR) designation on thc CoasAl Opeir Space Corridor pro,perty, as shocm on E:rhibit B.
B. The vot€f,s hereby amend the text of l"and Uso Map descdptions as follows (additions showr in underline. non-undsrlined rcx is notbeing amendod and is shown for context only):
1. Open SpacolRecreation (OSR) The OSR land rse cdsgory is inte,nded to prwide recreational arcas (passivo or acdve), inoluding existing pa*ing. City parts, beachos, golf courses and related uses. It also identifies op€Nr space areas. The OSR land uee catogorv may alsoprovido for residmtial uscs. onlv if lhp gppsrty is included in the Residcntial ovorlq{ zone.
Secdon 4. Tnnlag Amcndmcntr
The voters hercby rmsndtho T.ofingltlap (excerpt shourn in E:Khibit C) of the City of Carpinteria, to:
1. Changc tho zoning on tho Downtown and Bcaoh Parting Lot prarpcrty, as shown ou Exhibit C, from CPD to REC/R
2. Readopt, by this Initiativg the zoning on the Coasul Open Space Conidor propcrty, as shovm on Exhibit C, as REC.
Secdon 5. Dfiect of Inldetlve on Gcnerrl Plan Land Uce Clrrclffcrdon and Zonlng on $ubjectPnoperdm Only
This Itritiativs adopts Goneral Plan designations and zoning dorignations only for tho Downtonn and Beach Parking Lot and Coastal Open Space Conidorproperties, which are specifioally idsntified in this Initiative. The Initiative does not adopt alter, or changc my other land use chssifications or zoning on any other real prop€rty in the City of Carpinteria 2 NITTATTVE ME^AST'NE TO BE DIRNCTLY SI}BIIIITITD TO IEEVOIER$I Secton 6. Implementatlon
A. 'lihis Initiative is consid€red adopted and effcc{ve upon the euliest date legally possible after eitherthe City Council sdoph the Initiative as law upon its qualifioation or, if it is placed on the ballot the elections official certifies the votc on the Initiative by the voterr ofthe CiU of Carpintoria. Upon tte effestivo date ofthis Initiative, the City is dircctdto pronptly taks all aprpropriato actions necded to implement this Initiative, inoluding but not limited to takingany adninistativs sEps nccessarytorpdate any andall City maps, figureo, and any other dostm€ob mainbined by fte City so ihey conform to fte legislative polioies set forth in this Initiatirre.
B. Upon the efrectivc date of this Initiative, the General Plan mendmenb of Soction 3 of this Initiative are hercby inscrted into the General Plan; except that if the foru amsndments of any mandatory ele,rnent ofthe Gc,neral Plan permitfed by stab law fot any oalendar year havc alrcady been utilized in tho year in which this Initiative becomes effective, the Gcneral Plan amendnrentc set fuh in this Inltiativo shall be the first amcndm€nts inscrtd into the General Plan on Janury I ofthe nextyear. The City may reorganizo, rcnumbcr, and/or roformat &e Gcneral Plan provinions of Section ! sf rhis Initiative, p'r,ovidod that the firll text is inserted into the Geiremal Plan without altsation.
C. The Ge,neral Plan in effeot on tho dato of filing of the Noticc of Intont to Circulate this Initiative ('Filing Daten), and the General Plm as amendod by this Initiative, oomprise an intcgarc4 intcrnally ennsistont, and oompatible statonont ofpolicies for the City. To effure that the City's General Plan remains an integrated, internally consistent, and compatiblc statsmeot ofpolicies for the City, anyprovision ofthe Gsn€ral Plan that is adopted befinle€,tr the Filing Date andthe effec'tive date ofthe General Plan ammdments adopted by this Initiative shall, to thc €xtent that zuoh interim-e,nac'ted provision is inconsistent with or would diminiehn rendsr invali4 dsfeat, or iryair tho Crenerral Plan amendm€nts adopted by this Initiativo, be ame,nded as soon as possiblo and in the marrnsr and time requirod by state law to ensure consistcncy between the provisions adopted by this Initiative and ofter elemenb oftho Geireral PlanD. Upon tho sfuive datc ofthis luitiativc, tho proviciom of Section 4 (Zoning Amendmeirto) of this Initiative are hereby inserted into the Carpinteria Municipal Code.
The City may r€o(ganizo, re,numbor, and/or rpformat the provisions of Section 4 of this Initiative, provided that thc firll text is inserted into the Municipal Code without altsration
Section 7. Effect of Other Mearurg on the Seme Ballot
It is the vot€ls'inteirt to comprohonsively establish tbe potential future uses and development of the speoific properties that are subjectto the Initiative, including prcservation ofCoastal Open Space Conidor in its cunsnt op€rn space stat€ and fte presennation of the Docmto*r and Beach Parking Lot for continued parking uses. To ensure that this intent is not frustate4 and in the evont this Initiative is not adoptedby the City Council as law, thie Initiative ehall be presented to the voters as an alte,rnative to, and with the exptess intentthat itwill competo with, any aud all 3 IITTITIATTYE MEAST'RE TO BE I'IRECII,Y SI'BMITTEI' TO TTIE VOIERII voter initiatives or City-sponsored meastres placed on &e same ballot as thig Initiative and whiob, if appmvd would regulate the usc or devolopment ofthe subjoct propcrtiec in any menner qfi613owcr (eac\ a
nConflicting Initiative'). In ths ev€N$ thai thie- Initiative and one or more Conflicting Inltiatives are ado'pted by fte voters at the same election, their it is the voters' intent that only that measure tbat receives fto groatoet numbcr of affrmativc votes shrll contol in its entfuety and said othermoasurc ormeasures ehsll bo rcnderedvoidandwithout any logal efrect. In no evont sball this Initiative be inbrpreted ia 4 mnnncrtbat would permit its oporation in conjunction with the non-confliaing provisions of my Conllicting Initiativo. Ifftis liriti*ive is approved by the voters but superseded by law in whole or in part by any ofrer Conflicting Initiative appmved by the voters at thc same eleotion, and such Conflicting Initiativo is later held invali4 this Initiative shall be eolf-executing and givern full fotce of law.
Secdon & Interpr&don and Swerabllity
A. This Initiative must bc intorproted so ss to be consistent s'ith all fed€ral and state la1v9t rules, and rogulations. Ifany eection, sub-seotion, soutonca, olaure, pbrasc, par! or portion of this Initiative is held to be invalid or unconstitutional by a final judgn€nt of a court of competentjruisdiction, such decision doos not afrest the \xalidity of the rwainingportions of this Initiative. Tho voters declare that this Initiativ€, and eaoh section, sub.section, scntencg clause, phrase, part, or portion thcreo{, would have beeir adopted or pasned ir€sp€ctive of the fact that any one ormorc s€ctions, sub-sectiong s€nt€noes, clauses, phrases, par! orportion is found to be invalid. If any provision of this Initiativs is held iilnalid ae aplied to any porson or cirnumstance, suoh imnlidity does not affect any application ofthis Initiativs that can bo given offect without the invalid application.
B. If any portion of this Initiative is held by a court of cornpotent jurisdiction to be invalid" we the People of the City of Carpinteria indicate our shong deeirc that (i) the City Council us€ its best effor8 to sustris and re-enact that portion, and (ii) the city Coucil implement this Initiative by talcing all steps possible to cur€ any inadeqrucies or deficiencies identified by the court in a manner consietent with the expross and inptied intenrt ofthis Initiative, including adoptilg or rec,nacting any such portion in a maonerr co*tr-, o,'i1h rhir Initiative.
C. The Prqlonor6 of this Initiative, and any commitbe formed to srryport this Initiative shall have standing to enforcs and defendthe provisions of this Inifiative in anyjudicial fonrm, as necessary.
D' This Initiative mrxt be broadly construsd in order to achiwe the purposcs stat€d above. It is the inteirt of the vot€rs that the provisionr of this Initiative be intcpreted or implementod by the City and others in a mannsr thet facilitrtss the purpose sei fortb in this Initiative.
Sectlon 9. Amendment
The provisions of this Initiative can be amouded or rcpealed only by a majority of voters of the city of carpinteria voting in an clection held in accordance with state law. 4 INITIATWE MEASI'NE TO BE I}IRDCTLY STJBNMTIII' TO lHE VOTDRII Secdon 10. Inconclctent Provicionc Repealed
Any provisions ofthe City of Carpinteria Municipal Code, or any other ordinances of the City inoonsist€nt $'ith this Initiative, to the extc,nt of zuch inconsistcncies and no finther, are hereby repealed. This Initialive expr€sses the votcrs' intcnt to eliminate any possible inconsistency between existing code provisions and the amended General Plan designations and zoning designations.
Secflon 11. Erblbitr
The following En&ibits A-D are provided for referenoe for lhe votors and incorporated by rcfsrsnce hercin. The maps rc intemded to prcvido contcxt and information regarding the location and sur€nt G€neral Plan designations and zoning dosignations ofthe Downtown and Beach Parking Lot and the Coasal Ope,n Space Conidor, as well as thc designations of surmunding propertiee, Tte inolusion of the maps does not amend tre General Plan or mning designations of any property other tban those specifically amsnded in this Initiative. 5 INITIATIVE MEASIIRE TO BE IDIRECIT,Y SIIBII'IITTH) TO ffiEVOTERS ErUlltA
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RESOLUTION NO. 6089
A RESOLUTION OF THE CITY GOUNCIL OF THE CITY OF
CARPINTERIA REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF SANTA BARBARA TO RENDER SPECIFIED
SERVICES TO THE CITY OF CARPINTERIA RELATING TO THE
CONDUCT OF A SPECIAL STAND.ALONE MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, APRTL _,2022
WHEREAS, a Special Stand-Alone Municipal Election is to be held in the City of Carpinteria, California ("City"), on Tuesday, April_, 2022; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the Santa Barbara County Elections/Registrar of Voters ("County Elections Office"); and
WHEREAS, all necessary expenses in performing these services shall be paid by the City of Carpinteria.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE,
DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. That pursuant to the provisions of S 10002 of the Elections Code of the State of California, the City Council requests the Santa Barbara County Board of Supervisors to permit the County Elections Office to prepare and furnish the following for use in conducting the election:
1. Electronic files of county precincts with number of registered voters in each, consolidation of precincts into city voting precincts as directed by the City Clerk, and maps of the voting precincts;
2. Electronic files listed by City's consolidated precincts, including confidential voters and foreign language voters clearly indicated, for Military and Overseas voters mailing, Permanent Vote-by-Mail voter mailing, E-54 voters, E-54 through E-15 newly registered voters (excluding changes to address, parties and the like), and other electronic files as requested;
3. A list of polling places and poll workers the county uses for their elections;
4. Voter signature verification services as needed;
5. Temporary use of ballot drop-off boxes, within the City during the Vote 23580526.1
Resolution No. 6089
Page2
by-Mail period, and for one week following the election;
6. Precinct supplies, including precinct supply bins, as requested;
7. Make available to the City election equipment and assistance as needed according to State law.
SECTION 3. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved biil.
SECTION 4. That the City Clerk is directed to fonruard without delay to the Board of Supervisors and to the County Elections Office, each a certified copy of this resolution.
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.
PAssED, APPROVED AND ADOPTED on the 1Oth day of January ,2022, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
Mayor, City of Carpinteria
ATTEST:
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10, 2022. 23580526.1
Acting City Clerk, City of Carpinteria
Resolution No. 6089
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP acting as
City Attorney of the City of Carpinteria
23580526.1
RESOLUTION NO. 6090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARPINTERIA, CALIFORNIA, SETTING PRIORITIES FOR
FILING WRITTEN ARGUMENTS REGARDING AN INITIATIVE
MEASURE TO CHANGE AND/OR READOPT THE CITY OF
CARPINTERIA'S GENERAL PLAN DESIGNATION AND ZONING
DESIGNATION FOR TWO PARCELS OF CITY.OWNED
PROPERTY (APN 004-105-011 AND APN 004-105-026)
LOCATED ADJACENT TO THE RAILROAD TRACKS TO THE
WEST OF LINDEN AVENUE AND TO AMEND THE DEFINITION
oF THE OPEN SPACE/ RECREATTON (OSR) LAND USE
CATEGORY OF THE GENERAL PLAN LAND USE ELEMENT,
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, a special municipal election is to be held in the City of Carpinteria, California, on April _, 2022, at which there will be submitted to the voters an initiative measure that shall appear on the ballot in substantially the following form:
Shall the Measure to Change and/or Readopt
the City of Carpinteria's General Plan
Designation and Zoning Designation for Two
Parcels of City-Owned Property (APN 00a105-01 1 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of
Linden Avenue and to Amend the Definition of
the Open Space/Recreation (OSR) Land Use
Category of the General Plan Land Use
Element be adopted?
YES
NO
NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes the following membe(s) of the City Council to file written argument(s) not exceeding 300 words against the initiative measure, 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 California:
23578147.2
Resolution No. 6090
Page2
Councilmember Against
, Councilmember Against
, Councilmember Against
Councilmember Against
, Councilmember Against
SECTION 2. The arguments shall be filed with the City Clerk no later than January 24,2022, by 5:00 P.M., signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Autho(s) of Argument. Arguments may be changed or withdrawn until and including the date fixed herein after which no arguments for or against the City measure may be submitted to the City Clerk. Additionally, the proponents of the lnitiative may submit an argument in favor of the initiative measure not exceeding 300 words in length. ln the event more than one argument in support of a position is submitted, the City Clerk will decide which argument for or against will be published in accord with Elections Code Section g2B7.
SECTION 3. The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney.
The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.
b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City.
c. ln the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10- point type, the following: "The above statement is an impartial analysis of the lnitiative Measure entitled 'An lnitiative Measure to Change and/or Readopt the City of Carpinteria's General Plan Designation and Zoning Designation for Two Parcels of city-owned Property (ApN 004-10s-01 1 and APN 004-105-026) Located Adjacent to the Railroad Tracks to the West of Linden Avenue and to Amend the Definition of the Open a
23578147.2
Resolution No. 6090
Space/Recreation (OSR) Land Use Category of the General Plan Land Use Element.' lf you desire a copy of the lnitiative Measure, please call the City Clerk's Office at (805) 755-4446 and a copy will be mailed at no cost to you."
d. The impartial analysis shall be filed no laterthan January 24,2022,by 5:00 p.m., the deadline set by the City Clerk for the filing of primary arguments.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on the 1Oth day of January ,2022, by the following vote:
AYES COUNCILMEMBER
NOES COUNCILMEMBER
ABSENT: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER:
Mayor, City of Carpinteria
ATTEST:
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
23578147.2
Acting City Clerk, City of Carpinteria
Resolution No. 6090
APPROVED AS TO FORM:
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as
City Attorney of the City of Carpinteria
23578147.2
RESOLUTION NO. 6091
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARPINTERIA, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR AN INITIATIVE MEASURE TO CHANGE
AND/OR READOPT THE CITY OF CARPINTERIA'S GENERAL PLAN
DESIGNATION AND ZONING DESIGNATION FOR TWO PARCELS OF CITYowNED PROPERTY (APN 004-105-011 AND ApN 004-105-026) LOCATED
ADJACENT TO THE RAILROAD TRACKS TO THE WEST OF LINDEN
AVENUE AND TO AMEND THE DEFINITION OF THE OPEN SPACE/
RECREATION (OSR) LAND USE CATEGORY OF THE GENERAL PLAN
LAND USE ELEMENT
WHEREAS, Elections Code Section 9282 provides for written arguments to be filed in favor of or against measures placed on the ballot by petition, which shall not exceed 300 words in length; and
WHEREAS, Elections Code Section 9285 authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for measures submitted at municipal elections.
NOW, THEREFORE, THE CITY COUNCIL DOES BE IT RESOLVED,
DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the Elections Official has selected the arguments for and against the measure which will be printed and distributed to the voters, the Elections Official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments.
The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words of may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument shall not be signed by more than five authors The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and 23578447.2
Resolution No. 6091
Page2
signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments, February 3,2022. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply only to the special municipal election to be held on April _,2022, and then shall be repealed.
SECTION 4. The City Council recognizes that at the time this Resolution is adopted that the City is still in a state of local emergency relating to the covlD-19 pandemic and that as such, it may be necessary to adjust the procedures, rules and policies for filing of rebuttal arguments in order to ensure social distancing and safe practices to prevent the spread of the virus. The City Council therefore authorizes the City Clerk to modify the form, method, and manner of submittal of rebuttal arguments should the same be necessary to prevent the spread of COVID-19. Such modification may include the acceptance of electronic submittals. This authorization to the City Clerk shall not include the authority to adjust, amend, or modify the date or time by which such rebuttals are due or the length of such rebuttals.
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.
PASSED, APPROVED AND ADOPTED on the 1Oth day of January,2022, by the following vote:
AYES COUNCILMEMBER
NOES: COUNCILMEMBER
ABSENT: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
23578447.2
Resolution No. 6091
Mayor, City of Carpinteria
ATTEST:
Acting City Clerk, City of Carpinteria
I hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of Carpinteria held on January 10,2022.
Acting City Clerk, City of Carpinteria
APPROVED AS TO FORM
Jena Shoaf Acos, on behalf of Brownstein
Hyatt Farber Schreck, LLP Acting as
City Attorney of the City of Carpinteria
23578447.2
LEAGUE OF
CALIFORNIA
clTlEs
FPPC makes changes to
fu nd raisi ng-related payment
reporting
Dec 15,2021
The Fair Political Practices Commission (FPPC) recently amended Regulati ons 18424, 18424.1, 18424 and 18424.3, which govern how elected officials must report "behested payments." Beginning Dec. 22,2021, elected officials who fundraise for legislative, governmental, or charitable causes may need to change how they report payments that result from those fundraising efforts.
What are behested payments?
Behested payments are donations made to an individual, a government agency, or a nonprofit payee at the request of an elected official for a legislative, governmental, or charitable purpose.
Generally, a payment is considered behested, and subject to reporting, if:
The payment is made at the request, suggestion, or
solicitation of, or in cooperation, consultation, coordination, or concert with an elected official
The behesting official does not provide full and adequate consideration in exchange for the payment
The payment is made for a legislative, governmental, or charitable purpose
The payment does not qualify as a gift (made for personal purposes) or a contribution (made for election-related
activity) to the elected official
a
a
a
. The value of the payment meets or exceeds the reporting threshold of $5,000
When must behested payments be reported?
Elected officials must report behested payments when donations from a single source meet or exceed $5,000 in a calendar year. Officials must report the behested payments within 30 days of the payments totaling $5,000 or more. Any additional payments made by that same source in the same calendar year must also be reported within 30 days after the payment is made.
Who must report behested payments?
Only elected officials and California Public Utilities Commission members need to comply with the behested payment reporting requirements. All other public officials subject to the Fair Political Practices Act are not required to file the reports.
What does this mean for elected officials?
Officials must be aware when their actions meet the definition of having made a behest for payment. An official must also track behested payments from a single source over a calend ar year to know when reporting requirements are triggered. Finally, because the regulations require an official to properly characterize and disclose the parties to, and the purpose of, behested payments, officials must work with an organization receiving behested payments to report the required information.
What needs to be included in the report?
The report must include the name and address of the payor; the amount of the payment(s); the date(s) the payment(s) were made; the name and address of the payee; a brief description of the goods or services provided or purchased, if any; and a description of the specific purpose or event for which the payment or payments were made.
What specific changes do the newly adopted regulations
make to behested payment reporting?
Following a review of behested payment reporting issues, the FPPC identified four
areas they wanted to address through regulatory action. ln updating these four regulations, the FPPC directed staff to balance timely, informative, and accurate public disclosure of behested payments with the need to not discourage the important charitable and governmental purposes that these payments support.
Regulation 18424
To promote transparency, Regulation 1 8424 requires additional disclosures about a reportable behested payment where, to the extent known by the elected official: (1) the official or a member of their immediate family has a relationshlp of control over, or is employed by, the payee; or (2) the payor of a behested payment is involved in a proceeding before the official's agency at the time the behested payment is made or within the past 12 months.
Although California law does not prohibit an official from having either type of relationship, the FPPC determined that these are relationships that the public would want to have disclosed because they raise concerns about the payment transaction, potential self-interest of the official, and the possibility of undue influence over the official.
Regulation 18424.1
Regulation 18424.1 addresses situations where an official has a behested payment reporting duty, but a payee has not complied promptly with the official's request for payment information.
Under existing taw, an official may file a behested payment report with the verification that states the official "has used all reasonable diligence in its preparation," and that it is "true and complete" to the best of the official's knowledge. A behested payment report can then be amended by the official if they later become aware that the report was incorrect. Moreover, an official may note in a behested payment report that the information in the report is incomplete. However, they must comply with the 30-day filing requirement, explain why the information is incomplete, and file an amended report when more information is obtained.
Regulation 1 8424.1 is intended to make this process easier and more transparent by allowing an official to provide a "good faith estimate" of the information, as long as the official makes reasonable efforts and is unable to obtain the necessary information from a payee. lt also requires the official to amend the report with corrected information within 10 days of receiving the information from the payee.
Regulation 18424.2
Regulation 18424.2 clarifies that, when an official acts in concert with a charitable organization in a fundraising solicitation and is featured in the solicitation, the official must report resulting payments on a behested payment report. Thus, the regulation clarifies that being featured in a solicitation, by itself, does not raise behested payment reporting duties for an official.
The regulation provides that a solicitation "features" an elected official (1) where the solicitation includes the official's photograph or signature, or the solicitation singles out the official's name or office in the layout of the document; or (2) when the solicitation includes a roster or letterhead listing its governing board, the official's name is included in the list, and the board includes a majority of elected officers or Public Utility Commission members.
Regulation 18424.3
Regulation 18424.3 addresses a specific type of charitable giving that presents additional challenges in understanding behested payments. donor-advised funds. A donor-advised fund is a separately identified fund maintained and operated by a section 501(c)(3) organization known as a sponsoring organization. Each donor-advised fund account is composed of contributions made by individual donors.
Once the donor makes the contribution, the sponsoring organization has legal control over it. However, the donor, or the donor'S representative, retains advisory privileges with respect to the distribution of funds and the investment of the assets in the account.
Regulation 1 8424.3 requires that when a behested payment is made from a donor-advised fund, that the "name of the payor" on the behested payment report includes the name of the sponsoring organization, the name of the donor-adv.ised fund, and the name of the donor to the extent the information is known to the official. The regulation places a duty on the official to inquire with the sponsoring organization as to the parties' identities. lf the official learns the identity of the donor or donor-advised fund with greater specificity after a behested payment report is filed, the official must amend the report with the lnformation within 10 days of receiving the additional information.
As always, city officials should seek advice from either their city attorney or the FPPC on how these requirements apply in particular situations.
LEAGUE OF
CALIFORNIA crilEg
o
Coastal Commission adopts Cal
Cities-sponsored sea level rise
adaptation guidance
Dec 15,2021
The California Coastal Commission has approved a suite of documents to help local governments plan for and address sea level rise while maintaining local decision-making. The documents were prepared by a working group comprised of representatives from the League of California Cities Coastal Cities Group Leadership Committee, the California State Associatlon of Counties, and the Coastal Commission. The guidance will help improve collaboration between the three groups and acknowledges that there is no one-sizefits-all approach to sea level rise adaptation.
The working group presented the following living documents for a vote on Wednesday, which the Coastal Commission unanimously
approved:
. A framework for a phased approach to local coastal plan updates
. A call for regional approaches to resiliency and adaptation . A conflict resolution process that supports efficient local coastal plan updates
. A "quick links" document that includes resources for sea level rise planning and local coastal program updates
The framework supports more frequent, incremental updates to local coastal plans that are backed by the best available science, vulnerability assessments, risk disclosures, and risk policies. The framework also includes a list of recently certified local coastal plans that meet these criteria
The regional approaches document lays out the advantages and challenges of a regional approach to sea level rise adaptation, which the working group generally endorses. The document demonstrates the working group's continued commitment to securing regional funding and to the development of pilot programs that support regional and phased approaches to sea level rise planning.
The conflict resolution process establishes agreed-upon goals and strategies for coordination. lt details a process to identify and elevate conflicts and provides a clear path to resolution for both parties, particularly when updating local coastal plans. The document will help ensure that local governments and the Coastal Commission are working constructively and collaboratively.
The quick links document includes key sources of information on sea level rise planning, adaptation, and best available science in a concise and approachable format. This document can be used by staff, decision-makers, and other stakeholders as a primer on the many different elements of sea level rise planning, such as residential needs, infrastructure considerations, and predicted changes to the coast.
The working group will continue to develop collaborative strategies and guidance for coastal communities in2022. The coastal Commission anticipates holding a local government workshop about local coastal issues in early spring of next year.
Register now for the 2022 New
Mayors and Council Members
Academy
Nov 3, 2021
Join the League of California Cities for four days of virtual educational sessions and peer-to-peer sharing at the 2022 New Mayors and Council Members Academy, taking place January 20,21,27 , and 28,
LEAGUE OF
CALIFORNIA
crTlEs
2022.
This virtual conference is a must-attend for newly elected officials or seasoned mayors and council members who would like a refresher course on the basic legal and practical framework in which city officiats operate. Delve into critical training on important, fundamental topics for local government taught by peers and subject matter experts.
. Relationships between city council and city management . Effective advocacy and key city issues
. Diversity, equity, and inclusion
. How Cal Cities supports You
. Legal powers and obligations
. Policy role in land use Planning
. Communications and civic engagement
. Financialresponsibilities
. How to conduct an effective and respectful council meeting . And more to be announced!
Session topics include
Registration for Cal Cities Members starts at $250! Can't make it to a particular live session or the full day? ln addition to access to all live sessions, session materials, and virtual networking opportunities, registering for the conference grants you access to all session recordings for later viewing for a limited time. Join Cal Cities for a can't-miss opportunity to sharpen your skills as you prepare your city for the future.
Registration closes Janu ary 14. Visit the online event page for more information, including the conference schedule. For questions about registration, contact Conference Registrar Megan Dunn
at [email protected]. For all other questions, contact Education and Events Manager Christina George at [email protected].
CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
MEETING AGENDA
MONDAY, JANUARY 10, 2022
5:30 P.M.
1. Call to order and roll call.
2. Confirmation of legal noticing and procedural requirements of meeting.
3. Public Comment – This is the time for public comments on matters not otherwise on the agenda but within the subject matter of Carpinteria Library Board of Trustees.
4. Approval of minutes of regular meeting held December 13, 2021.
5. Adjournment.
The Carpinteria Library Board of Trustees agenda and any associated staff reports will be available on Thursday, January 6, 2021 on the City’s Website:
https://carpinteria.ca.us/city-hall/agendas-meetings/. The Carpinteria Library Board of Trustees agenda and staff reports are part of the City Council agenda for its regular meeting of January 10, 2022. Please see “TEMPORARY
ADJOURNMENT FOR THE PURPOSE OF HOLDING THE MONTHLY
MEETING OF THE CARPINTERIA LIBRARY BOARD OF TRUSTEES.” Details and procedures on how to provide public comment and participate in the meeting through telephonic means are available on the posted City Council agenda at https://carpinteria.ca.us/city-hall/agendas-meetings/.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact Brian Barrett, Acting City Clerk at [email protected] or (805) 755-4446. Notification two business days prior to the meeting will enable the City to make reasonable arrangements for accessibility to this meeting.
CARPINTERIA LIBRARY BOARD OF TRUSTEES
5775 Carpinteria Avenue
Carpinteria, CA 93013
MEETING MINUTES
MONDAY, DECEMBER 13, 2021
1. Call to order and roll call.
President Nomura called the meeting to order at 5:34 pm.
Boardmembers present: Boardmember Natalia Alarcon
Boardmember Gregg A. Carty
Boardmember Roy Lee
Vice President Al Clark
President Wade T. Nomura
Staff members present: Dave Durflinger, Chief Executive Officer Michael Ramirez, Assistant Chief Executive Officer
Jena Shoaf Acos, on behalf of Brownstein Hyatt
Farber Schreck, LLP acting as City Attorney of the
City of Carpinteria
Brian C. Barrett, Acting Secretary
Olivia Uribe Mutal, Program Manager
2. Confirmation of legal noticing and procedural requirements of meeting.
Acting Secretary Barrett acknowledged that all legal noticing and procedural requirements have been met.
3. Public Comment
There was no public comment.
4. Approval of minutes of regular meeting held November 8, 2021.
Motion by Vice President Clark, seconded by Boardmember Lee, to approve the minutes of the regular meeting held November 8, 2021. The voice vote was as follows:
AYES: Boardmember Alarcon, Boardmember Carty, Boardmember Lee, Vice President Clark, and President Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
5. Resolution No. 6078, commending and congratulating Library card design contest winner, Iltze Alvarado, and approving use of the winning design for the City’s inaugural Library card.
Recommendation: Approve and adopt Resolution No. 6078, commending and congratulating Library card design contest winner, Iltze Alvarado, and approving use of the winning design for the City’s inaugural Library card.
Program Manager Uribe Mutal presented the staff report.
Motion by Vice President Clark, seconded by Boardmember Alarcon, to approve and adopt Resolution No. 6078, commending and congratulating Library card design contest winner, Iltze Alvarado, and approving use of the winning design for the City’s inaugural Library card. The voice vote was as follows:
AYES: Boardmember Alarcon, Boardmember Carty, Boardmember Lee, Vice President Clark, and President Nomura
NOES: None
ABSENT: None
ABSTAIN: None
The motion carried unanimously.
Ms. Alvarado thanked everyone and said it was an honor to be selected.
Mayor Nomura and the City Council presented Ms. Alvarado with adopted Resolution No. 6078.
6. Adjournment.
President Nomura adjourned the meeting at 5:44 p.m.
________________________________
Brian C. Barrett, Acting Secretary