HomeMy WebLinkAbout1978-08-01; City Council; 5523; Special Municipal electionCITY OF CARLSBAD
AGENDA BILL NO. **T3*J3 Initial:
DATE: August 1 , 1978 p c Atfc
DEPARTMENT: City Clerk C. Mgr.
Su ;ject: SPECIAL MUNICIPAL ELECTION - November 7, 1978
Proposition relating to low rent housing
Statement of the Matter
The City Council at its meeting of July 18, 1978, instructed
staff to prepare documents necessary for the placement of a
proposition relating to low rent housing on the ballot for
the general election to be held November 7, 1978.
The necessary documents have been prepared for your consideration,
calling the election, requesting consolidation of the special
efection with the general election, authorizing certain members
of the Council to submit arguments and rebuttal arguments if it
so desires.
Attached to the resolution concerning the submittal of arguments
are proposed arguments that have been drafted for the Council's
consideration. Also attached to the packet is an impartial
analysis prepared by.the City Attorney. ....
Exhibits
1. Resolution # jftfltt . calling and giving notice of special election,
2. Resolution # jy^y . requesting the Board of Supervisors to con-
solidate the special election with the general election.
3. Resolution # ^ Lf , authorizing certain of its members to
submit written arguments.
4. Resolution # ^H^L » providing for rebuttal arguments for city
measures suomi tted at municipal elections.
5. Impartial Analysis.
Recommendation
If it is the desire of the Council to call a special election, it
is necessary that the above resolutions be adopted.
Council action
8-1-78 Resolutions #5493, 5494, 5495 and 5496 were adopted.
1 . RESOLUTION NO. 5493
2 A RESOLUTION OF THE CITY OF CARLSBAD,
CALIFORNIA, ORDERING, CALLING, PROVIDING
3 FOR AND GIVING NOTICE OF A SPECIAL MUNI-
CIPAL ELECTION TO BE HELD IN SAID CITY ON
4 NOVEMBER 7, 1978, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED VOTERS OF SAID,
5 CITY A PROPOSITION RELATING TO AUTHORIZATION
FOR DEVELOPMENT OF LOW RENT HOUSING AND
6 CONSOLIDATING SAID ELECTION WITH THE STATE-
WIDE ELECTION TO BE HELD ON SAID DATE.
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8 WHEREAS, the legislative body of the City of Carlsbad
9 desires to submit to the qualified voters of said City, a proposed
10 proposition relating to authorization for development of low rent
11 housing and,
12 WHEREAS, the City Council of the City of Carlsbad is there-
13 upon authorized to submit such proposition to the qualified voters;
14 NOW, THEREFORE, the City Council of the City of Carlsbad ,
15 California, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as
16 follows:
17 Section 1. That a special election be held and the same
18 is hereby called to be held in said city on November 7, 1978, for
19 the purpose .of submitting to the qualified voters of said city a
20 proposition hereinafter set forth relating to authorization pursuant
21 to Article XXXIV of the Constitution of the State of California for
22 low rent housing projects. \
23 Sedtion 2. The proposed proposition submitted to the voter
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24 shall be as follows: Do the qualified electors of the City of
25 Carlsbad, pursuant to Article XXXIV of the Constitution of the State
26 of California, approve the development, construction, and acquisition
27 of low rent housing projects on scattered sites within the City of
28 Carlsbad for persons of low income including but not limited to low
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income elderly or low income disabled persons.
Section 3. That the polls for said-election shall be
opened at seven o'clock A.M. of the day of said election and shall
remain open continuously from said time until eight o'clock P.M. of
the same day, when said polls shall be closed, except as provided in
Section 14301 of the Elections Code of the State of California.
Section 4. That on the ballots to be used at said special
election, in addition to any other matters required by law, there
shall be printed substantially the following:
PROPOSITION 1. Do the qualified electors of
the City of Carlsbad, pursuant to Article
XXXIV of the Constitution of the State of
California, approve the development, construc-
tion, and acquisition of low rent housing
projects on scattered sites within the City of
Carlsbad for persons of low income including
but not limited to low income e-lderly or low
income disabled persons.
YES
NO
Section 5. .Jhat a cross (+) placed in the voting square
after the word "YES"Mn the manner hereinbefore provided shall be
counted in favor of the adoption of the proposition. A cross (+)
placed in the voting square after the word "NO" in the manner here-
inbefore provided shall be counted against the adoption of the
proposition.
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Section 6. That the special election hereby called for the
date hereinbefore specified shall be and is hereby ordered consoli-
dated with the statewide general election to be held on said date,
and within said city the precincts, polling places and officers of
election for the special municipal election hereby called shall be
the same as those provided for said statewide general election.
The Board of Supervisors of San Diego County is hereby requested to
order the consolidation of the special municipal election hereby
called with said statewide general election, and said Board of
Supervisors is hereby authorized to canvass the returns of said
special municipal election, and said elections shall be held in all
respects as if there were only one election, and only one form of
ballot, namely, the ballots used at said general election, shall be
used. Said Board of Supervisors shall certify the results of the
canvass of the returns of said special municipal election to the
City Council of said city which shall thereafter declare the result
thereof. A proposition submitted by this resolution shall be desig-
nated on the ballot by a letter printed on the left margin of the
square containing the description of the measure, as provided in
Section 10218 of the Elections Code.
Section 7. That notice of the time and place of holding
said election is hereby given and the City Clerk is hereby author-
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ized, instructed and directed to give such further or additional
notice of said election in time, form and manner as required by
law.
Section 8. That the City Clerk shall certify to the passage
and adoption of this Resolution; shall enter the same in the book
of original Resolutions of said City; and shall make a minute of
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the passage and adoption thereof in the records of the proceedings
of the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
Section 9. That this Resolution shall take effect
immediately.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held the 1st day of August
1978, by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Lewis and Anear
NOES: None
ABSENT: Councilwoman Casler
RONALD C. PACKARD, Mayor^
ATTEST:
E. ADAMS,(City Clerk
(SEAL)
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1 RESOLUTION NO. 5494
2 A RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD, CALIFORNIA, REQUESTING
THE BOARD OF-SUPERVISORS OF THE COUNTY
4 OF SAN DIEGO TO CONSOLIDATE A SPECIAL
MUNICIPAL ELECTION OF THE CITY OF CARLSBAD
5 TO BE HELD ON NOVEMBER 7, 1978, WITH THE
GENERAL ELECTION PURSUANT TO SECTION 23302
6 OF THE ELECTIONS CODE.
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8 WHEREAS, the City Council of the City of Carlsbad has
9 called a special municipal election in the City of Carlsbad to be
10 held on November 7, 1978, for the purpose of submitting a proposition
11 relating to authorization for low rent housing;
12 WHEREAS, it is desirable that said special municipal electior
13 be consolidated with the general election to be held on the same
14 date and that within the City of Carlsbad the precincts, polling
15 places and election officers of the two elections be the same, and
16 that the Registrar of Voters of the County of San Diego canvass the
17 returns of the special municipal election and that said general
18 election and special municipal election be held in all respects as
19 if there were only one election;
20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD,
21 CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
22. Section 1. That pursuant to the requirements of Section
i
23 23302 of the Elections Code, the Board of Supervisors of the County
24 of San Diego be and it hereby is requested to consent and agree to
25 the consolidation of a special municipal election with the general
26 election on Tuesday, the 7th day of November, 1978, for the purpose
27 of submitting to the electors of the City of Carlsbad a proposition
28 to appear-on the ballot as follows:
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PROPOSITION 1. Do the qualified electors of
the.City of Carlsbad, pursuant to Article
XXXIV of the Constitution of the State of
California, approve the development, construc-
tion, and acquisition of low rent housing
projects on scattered sites within the City of
Carlsbad for persons of low income including
but not limited to low income elderly or low
income disabled persons.
YES
NO
Section 2. The Registrar of Voters is hereby authorized to
canvass the returns of said special municipal election which it is
hereby requested to consolidate with said general election and said
election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used.
Section 3. Said Board of Supervisors is hereby requested
to issue instructions to the Registrar of Voters to take any and
all steps necessary for the holding of said consolidated election.
Section 4. The City of Carlsbad recognizes that additional
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costs will be incurred by the County by reason of this consoli-
dation and agrees to^reimburse the County for any such costs.
. Section 5. That the City Clerk of the City of Carlsbad
is hereby directed to file a certified copy of this resolution
with the Board of Supervisors and the Registrar of .Voters of the
County of San Diego.
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Section 6. The City of Carlsbad agrees to indemnify and
and hold harmless the County, its officers, agents and employees
from expense or liability, including reasonable attorneys fees, as
the result of an election contest arising after conduct of an
election.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held the 1st day of August >
1978, by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Lewis, Anear
NOES: None
ABSENT: Councilwoman Casler
RONALD C. PACKARD, Mayor
ATTEST:
ADAMS(, City Clerk
(SEAL)
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RESOLUTION NO. 5495
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING CERTAIN OF ITS MEMBERS
TO FILE A WRITTEN ARGUMENT FOR A
CITY MEASURE.
WHEREAS, a special municipal election is to be held in the
City of Carlsbad, on November 7, 1978, at which there will be sub-
mitted to the qualified electors of said City the following City
measure:
Do the qualified electors of the City of
Carlsbad, pursuant to Article XXXIV of the
Constitution of the State of California,
approve the development, construction, and
acquisition of low rent housing projects
on scattered sites within the City of
Carlsbad for persons of low income in-
cluding but not limited to low income
elderly or low income disabled persons.
NOW, THEREFORE, the City Council of the City of Carlsbad,
California, DOES HEREBY RESOLVE, DETERMINE AND ORDER, as follows:
SECTION 1. That this City Council, being the legislative
body of the City of CarJLsJ^ad, hereby^ajithorize*
*^j# r^T^C Ronald C. Packard
Anthony J. Skotnicki
Claude A. Lewis
Mary H. Casler
M/.
Girard Anear
members of said body, to file a written argument for the City
measure set forth in the recitals hereof in accordance with Article
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4, Chapter 3, Division 5 of the Elections Code of the State of
California and to change said argument until and including the
date fixed by the City Clerk after which no arguments for or against
said City measure may be submitted to him.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held the 1st day of August. >
1978, by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Lewis and Anear
NOES: None
ABSENT: Councilwoman Casler
RONALD C. PACKARD, Mayor
ATTEST:
MARfGARBT E ADAMS, City Clerk
(SEAL)
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1 RESOLUTION NO. 5496 . '
2 A RESOLUTION OF THE CITY COUNCIL OF THE
' CITY OF CARLSBAD, CALIFORNIA, PROVIDING
3 FOR THE FILING OF REBUTTAL ARGUMENTS FOR
CITY MEASURES SUBMITTED AT MUNICIPAL
4 ELECTIONS.
5 WHEREAS, Section 5014.5 of the Elections Code of the State
6 of California (effective January 1, 1978) authorizes the City
7 Council, by majority vote, to adopt provisions to provide for the
8 filing of rebuttal arguments for city measures submitted at munici-
9 pal elections;
10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD,
11 CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
12 FOLLOWS:
13 SECTION 1. That pursuant to Section 5014.5 of the Elections
14 Code of the State of California, if any person submits an argument
15 against a city measure, and an argument has been filed in favor of
16 the city measure, the City Clerk shall immediately send copies of
17 that argument to the persons filing the argument in favor of the
18 city measure. The persons filing the argument in favor of the city
19 measure may prepare and submit a rebuttal argument not exceeding
20 250 words. The City Clerk shall send copies of the argument in
21 favor of the measure to the persons filing the argument against
22 the city measure, who may prepare and submit a rebuttal argument to
23 the argument in favor of the city measure not exceeding 250 words.
24 The rebuttal arguments shall be filed with the City Clerk not more
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25 than 10 days after the final date for filing direct arguments.
26 Rebuttal arguments shall be printed in the same manner as the direct
27 arguments. Each rebuttal argument shall immediately follow the
28 direct argument which it seeks to rebut.
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Section 2. That the provisions of Section 1 shall apply at
the next ensuing municipal election and at each municipal election
thereafter.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad held the 1 st day of August
1978, by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Lewis and Anear
NOES: None
ABSENT: Councilwoman Casler
RONALD C. PACKARD, Mayor
ATTEST:
MAR^ARFT E. ADAMS, Go ty Clerk
(SEAL)
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IMPARTIAL ANALYSIS
Proposition proposes a measure for adoption by the people
of the City of Carlsbad to approve the development, construction,
and acquisition of low rent housing projects, with unspecified
numbers of dwelling units on scattered sites within the incorporated
areas of the City of Carlsbad, for persons of low income, including
low income senior citizens and low income disabled.
The California Constitution prohibits low rent housing projects
from being developed, constructed or acquired until the electors
approve the development, construction, or acquisition at an election.
(Cal. Const. Article XXXIV.) If approved, this proposition would
authorize the public development, acquisition or construction or
private development acquisition, or construction in which there is
some public participation or involvement. The measure only authorizes
the development, acquisition, or construction of units and does not
compel or mandate said units be developed, constructed or acquired.
A YES vote on this proposition authorizes the development,
construction and acquisition of an unspecified number of units in
low rent housing projects on scattered sites within the incorporated
area if the city; a NO vote on this proposition withholds this
authorization.