RPVCCA_SR_2010_04_20_10_Marymount_Initiative_MeasureCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROL LYNCH,CITY ATTORNEY
APRIL 20,2010
MARYMOUNT INITIATIVE
CAROLYN LEHR,CITY MANAGER etL
RECOMMENDATION
GIVE STAFF DIRECTION WHETHER TO PREPARE A REPORT NOW ABOUT THE
MARYMOUNT INITIATIVE AS AUTHORIZED BY SECTION 9212 OF THE CALIFORNIA
ELECTIONS CODE OR WHETHER TO WAIT TO PREPARE THE REPORT UNTIL AFTER
SUCH TIME AS THE CITY CLERK CERTIFIES THE ADEQUACY OF THE PETITIONS.
BACKGROUND
On March 2,2010,Dr.Susan Soldoff filed a proposed initiative measure with the City
Clerk,which would create a specific plan district for the Marymount College campus
("Campus")located in the City.If adopted,the proposed specific plan will govern
development of the Campus and will supercede City approvals pursuant to which the
Campus currently operates as well as the City Council's determination,which is not yet
final,on the Marymount College expansion project.
The Mayor and other Council Members individually have inquired about having Staff
prepare a report to the City Council discussing the proposed initiative.This report was
prepared in response to that inquiry.
Following the submission of the initiative to the City Clerk,the City Attorney's Office
prepared a title and summary of the measure,pursuant to California Elections Code
Section 9203,which is to be attached to the petitions that currently are being circulated
in the City.If a sufficient number of signatures are collected to qualify the measure to
be placed on the ballot,the City Council will have the choice either to adopt the
measure,without alteration,or to call an election to place the measure before the City's
registered voters.(California Elections Code Sections 9214 and 9215.)The last date
by when the petitions may be submitted to the City Clerk is September 13,2010.
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Section 9212 of the California Elections Code provides that while the petitions are being
circulated or before the City Council makes the decision whether to call an election or to
adopt the measure,the Council may direct Staff to prepare a report for the City Council
about the measure addressing a variety of subjects.Section 9212 states:
"§9212.Report from city agencies on effect of proposed initiative measure
(a)During the circulation of the petition,or before taking either action described in
subdivisions (a)and (b)of Section 9214,or Section 9215,the legislative body may refer
the proposed initiative measure to any city agency or agencies for a report on any or all
of the following:
(1)Its fiscal impact.
(2)Its effect on the internal consistency of the city's general and specific plans,including
the housing element,the consistency between planning and zoning,and the limitations
on city actions under Section 65008 of the Government Code and Chapters 4.2
(commencing with Section 65913)and 4.3 (commencing with Section 65915)of Division
1 of Title 7 of the Government Code.
(3)Its effect on the use of land,the impact on the availability and location of housing,
and the ability of the city to meet its regional housing needs.
(4)Its impact on funding for infrastructure of all types,including,but not limited to,
transportation,schools,parks,and open space.The report may also discuss whether
the measure would be likely to result in increased infrastructure costs or savings,
including the costs of infrastructure maintenance,to current residents and businesses.
(5)Its impact on the community's ability to attract and retain business and employment.
(6)Its impact on the uses of vacant parcels of land.
(7)Its impact on agricultural lands,open space,traffic congestion,existing business
districts,and developed areas designated for revitalization.
(8)Any other matters the legislative body requests to be in the report.
(b)The report shall be presented to the legislative body within the time prescribed by
the legislative body,but no later than 30 days after the elections official certifies to the
legislative body the sufficiency of the petition."
DISCUSSION
Because the initiative addresses the development of the Campus,it is anticipated that
the primary components of a report would be to discuss the matters set forth in
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paragraphs (a)(2)and (a)(3)of Section 9212.However,since the EIR for the Campus
expansion project addressed traffic impacts,it is anticipated that those impacts also
would be discussed as well as any other foreseeable impacts on City infrastructure and
finances.
Staff is seeking direction from the City Council this evening regarding whether Staff
should prepare a comprehensive report about the measure for the City Council while
the petitions are being circulated,pursuant to the provisions of Elections Code Section
9212.Staff is seeking this direction now,in the event that the City Council would like to
receive the report sooner rather than later.
AlTERNATIVE
Pursuant to Elections Code Sections 9214 and 9215,the City Council can wait to order
the report until the meeting when the certification of the petitions is presented to the City
Council.If this alternative is chosen,Staff must prepare and submit the report to the
City Council within thirty days after the City Clerk certifies the adequacy of the petitions
to the City Council.Choosing this alternative avoids having Staff spend the time and
resources to prepare the report before it is known whether the proponents will gather a
sufficient number of signatures to qualify the initiative to be placed on an election ballot.
Depending upon the date when the petitions are submitted to the City,deferring the
decision whether to prepare the report could affect the date of the election when the
measure is presented to the voters.
Staff is seeking direction from the City Council.
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