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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. 7 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 % 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 1 2 3 4 5 6 . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28 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- » 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) - 4 - 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. 7 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: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.6 17 18 19 20 21 22 23 24 25 26 27 28 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 i 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. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 J(A^V^I U • (Jt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 *> .22 24 25 26 27 28 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) - 2 - 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 « 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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) - 2 - 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.