HomeMy WebLinkAbout1979-03-20; City Council; 5779-1; Special Municipal Election of 6/5/79CITY OF CARLSBAD
AGENDA BILL NO. S 7 7 9 - ^^^JL+^JF / Initial:~pp~ Dept Hd
DATE: - March 20, 1979 - c Atty>
DEPARTMENT: _ City Clerk _ C. Mgr . f\
Subject: SPECIAL MUNICIPAL ELECTION OF JUNE 5, 1979
RE ESTABLISHMENT OF PUBLIC FACILITIES FEES
Statement of the Matter
The City Council, at their meeting of March 6, 1979, directed
Staff to prepare the necessary documents calling a Special Election.
Council indicated their purpose in calling the Special Election would
be to place before the voters an Ordinance establishing public facilities
fees .
Attached is Resolution ^"7^3 which calls the Election on7
dJune 5, 1979. In order to expedite handling the Election, I have also
attached the following Resolutions:
Resolution ^~JS. V , requesting the Board of Supervisors to
permit the Registrar of Voters to render specified services to the City;
Resolution £"'73*5' , directing the City Attorney to prepare an
impartial analysis of the measure;
Resolution <jC~73 (* , authorizing Council to file a written argu-
ment in favor of the measure; and
Resolution v5".Z£_Z> ordering the canvass of the Special Municipal
Election to be made by the City Clerk.
Please note I have included a Resolution authorizing Council to
file a written argument in favor of the measure, in the event they
desire to do so. However, it should be noted that the suggested last
day for filing arguments is April 2, 1979.
Therefore, if Council desires to file an argument in favor of the
measure, the matter should be placed on an Agenda for a meeting on March
27, 1979 in order to develop such an argument.
In addition, in the past, the City has used the firm of Martin &
Chapman as its election supplier, and Staff recommends that this firm be
employed to furnish supplies for this election.
Exhibits
Resolutions Nos . j$~733 , ^7*?V ,£~72£ , <?7t36 , and
Re commendation
If Council desires to call the Special Election for June 5, 1979,
adopt Resolutions v5"7J?3 .cTT^V ,JT73*S ,^73 & .and ^7^7 ; and
authorize the employment of the firm of Martin & Chapman as election
suppliers .
Agenda Bill #5779 - Supplement #1 Page 2
Council Action:
3-20-79 Council adopted Resolution 5723, calling a Special Municipal
Election on June 5, 1979, to submit a measure to voters re
a Public Facilities Fee.
Council adopted Resolution 5724, requesting the Board of Supervisors
to permit the Registrar of Voters to render specified services;
Resolution 5725, directing the City Attorney to prepare an
impartial analysis of the measure; Resolution 5726, authorizing
Council to file a written argument in favor of the measure; and
Resolution 5727, ordering the canvass of the Special Municipal
Election to be made by the City Clerk.
1 RESOLUTION NO 5723
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CALLING, ORDERING,
3 PROVIDING FOR AND GIVING NOTICE OF THE HOLDING
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN
4 SAID CITY ON TUESDAY, THE 5TH DAY OF JUNE, 1979,
FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED
5 VOTERS OF SAID CITY AN ORDINANCE RELATING TO
PUBLIC FACILITIES FEES.
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7 WHEREAS, thte City Council of the City of Carlsbad finds that
8 new construction and development will necessitate additional
9 public facilities; and
10 WHEREAS, the City Council of the City of Carlsbad desires
11 that new construction in the City of Carlsbad be required to
12 pay a fee toward the public facilities necessary to serve such
13 construction; and
14 WHEREAS, the City Council of the City of Carlsbad desires
15 to submit to the qualified voters of said City a proposed
16 Ordinance relating to public facilities fees; and
17 WHEREAS, City Council of the City of Carlsbad is
18 authorized to submit such Ordinance to the qualified' voters ;
19 NOW, THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED
20 AND ORDERED by the City Council of the City of Carlsbad, as
21 follows:
22 SECTION 1. That pursuant to the requirements of the
23 laws of the State of California relating to General Law Cities
24 within said State, there shall be, and there is hereby called
25 and ordered, held in the City of Carlsbad, County of San Diego,
26 State of Ca lifornia, on Tuesday, the 5th day of June, 1979,
27 a Special Municipal Election of the qualified voters of said
28 City for the purpose of presenting an Ordinance as hereinafter
1 set forth relating to public facilities fees.
2 SECTION 2. That the Ordinance to be submitted to the
3 qualified voters shall be as set forth in the attachment hereto
4 marked "Exhibit A" and incorporated herein by this reference.
5 SECTION 3. That said City Council, pursuant to its right
6 and authority to do so, does hereby determine that there shall be
and there is hereby ordered submitted to the qualified voters
8 of said City at said Special Municipal Election, the following
Measure, to wit:
10 SHALL ORDINANCE NO. 6059 BE ADOPTED AMENDING TITLE.
5 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF YES
11 CHAPTER 5.09 TO IMPOSE A LICENSE TAX ON ALL NEW CON-
STRUCTION IN THE CITY FOR THE PURPOSE OF PROVIDING
PUBLIC FACILITIES?NO
13 A cross (+) placed in the voting square after the word
14 "YES" in the manner hereinbefore provided shall be counted in
favor of the adoption of the Ordinance. A cross (+) placed in
the voting square after the word "NO" in the manner hereinbefore
provided shall be counted against the adoption of the Ordinance.
18 SECTION 4. That the ballots to be used at said election
shall be, both as to form and matter contained therein, such as
20 may be required by lav; to be used thereat.
SECTION 5. That the City Clerk of said City is hereby
22 authorized, instructed and directed to procure and furnish any
23 and all official ballots, notices, printed matter and all supplies
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1 equipment and paraphernalia that may be necessary in order to
2 properly and lawfully conduct said election.
3 SECTION 6. That the polls for said election shall be
4 open at 7:00 O'clock A.M. of the day of said election and shall
5 remain open continuously from said time until 8:00 O'clock P.M.
6 of the same day, when said polls shall be closed, except as
7 provided in Section 14301 of the Elections Code of the State
8 of California.
9 SECTION 7. That in all particulars not recited in this
10 Resolution, said election shall be held and conducted as provided
11 by law for holding municipal elections in said City.
12 SECTION 8. That notice of the time and place of holding
13 said election is hereby given and 'the City Clerk is hereby
14 authorized, instructed and directed to give such further or
15 additional notice of said election in time, form and manner
16 as required by law.
17 SECTION 9. That the City Clerk shall certify to the
18 passage and adoption of this Resolution; shall enter the same
19 in the book of original Resolutions of said City, and shall
20 make a minute of the passage and adoption thereof in the records
21 of the proceedings of the City Council of said City in the
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minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at a Regular Meeting thereof on March 20,
1979, by the following vote, to wit:
5 AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Counci1 woman Casler
6 NOES: None
7 ABSTAIN: None
8
'RONALD C. PACKARD, Mayor
10 ATTEST:
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LETHA L. RAUTENKRANZ, City Cldrk"
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VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081
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1 «~.
EX BIT A TO RESOLUTION
NO. 5723
ORDINANCE NO. 6059
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA AMENDING
TITLE 5 OF THE CARLSBAD MUNICIPAL CODE
BY THE ADDITION OF CHAPTER 5.09 TO PROVIDE
FOR THE PAYMENT OF TAXES ON NEW CONSTRUCTION
AND FOR THE USE OF SUCH TAXES FOR PUBLIC
FACILITIES.
THE PEOPLE OF THE CITY OF CARLSBAD DO ORDAIN AS FOLLOWS:
SECTION 1: That Title 5 of the Carlsbad Municipal Code is
amended by the addition of Chapter 5.09 to read as follows:
"Chapter 5.09
ADDITIONAL LICENSE TAX ON NEW CONSTRUCTION
Sections:
5.09.010 Purpose and intent.
5.09.020 Definitions.
5.09.030 Imposition of tax — amount.
5.09.040 Credit.
5.09.050 Time and place of payment.
5.09.060 Refunds.
5.09.070 Disposition of proceeds; fund created.
5.09.080 Exceptions .
5.09.090 Exemptions.
5.09.100 Construction prohibited.
5.09.110 Tax liability; enforcement.
5.09.120 Effective date.
5.09.010 Purpose and intent. The City Council hereby
declares that the license taxes required to be paid hereby
are assessed pursuant to Section 37101 of the Government Code
of the State of California and the taxing power of the City and
solely for the purpose of producing revenue. This chapfeer_is not
adopted for regulatory purposes. The continued development of
the City, with the consequent increase in population and in the
use of public facilities, has imposed increased requirements for
such facilities, including but not limited to parks, major streets,
traffic signals, storm drains, bridges and public buildings (such
as fire stations, police facilities, maintenance facilities,
libraries and general offices) . The necessity for such facilities
results directly from new construction and the need cannot be
met from ordinary City revenues. The most practical and equitable
method of paying for such facilities is to impose a tax upon new
construction in the City.
5.09.020 Definitions. For the purposes of this chapter
the following words and phrases shall have the meanings respective-
ly ascribed to them by this section.
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(1) "Mobilehome space" means each space, area or
building, in a trailer park or mobilehome park or other place,
designed or intended as a place to accommodate any mobilehome,
trailer, van, bus, or other vehicle or mobile structure, at
a time when the same is being used as living or sleeping quarters
for human beings.
(2) "Person" includes every individual, firm, partner-
ship, joint venture, association, trust, corporation or any
other group engaging in construction activities itself or through
the services of any employee, agent or independent contractor.
5.09.030 Imposition of tax—amount. (a) In addition to
any other fee, license or tax required by this Code, every person
constructing or causing to be constructed or erected any building
or structure in the City of Carlsbad for which a building permit is
required, shall pay a license tax in the amount of 3% percent of
the valuation of the building or structure established pursuant
to this Code for determining the building permit fee.
(b) The developer of a mobilehome park shall pay a license
tax fee of $1,750.00 for each mobilehome space. The license
tax for mobilehome spaces shall be automatically increased or
decreased on January 1 of each year by the same percentage as
the percentage of increase or decrease in construction costs
between December 1 of each of the two immediately preceding
years, for which purpose construction costs and the increase or
decrease therein shall be based on the Engineering News-Record
Construction Cost Index.
(c) For the alteration of Residential structures, or
mobilehome parks the license tax shall be computed only on the
square footage of additional dwelling units or mobilehome
spaces, if any, resulting from the alteration, and for the
alteration of other buildings or structures, the license tax shall
be computed only upon the additional square footage, if any,
resulting from the alteration.
5.09.040 Credit. A credit toward the license tax imposed by
this chapter shall be given for land which has been dedicated
for park purposes or for any fees paid in lieu thereof pursuant
to Chapter 20.44 of this Code. The credit shall be applied to
the fee for a building permit for construction on a lot which
was part of a subdivision which was subjected to satisfy the
requirements of Chapter 20.44. If land was dedicated, the fees
which would have been required in lieu of such land at the time
it was dedicated shall be determined. Such amount or the actual
amount of fees paid shall ten be apportioned to each of the lots in
the subdivision. The part of such amount attributed to the lot in
question shall be a credit against the fee imposed by this
chapter.
5.09.050 Time and place of payment. The license taxes
imposed pursuant to Section 5.09.030 shall be due and payable
at the Office of the Building Director, City Hall, Carlsbad,
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California, upon issuance of the building permit. The tax for a
mobilehome space shall be paid prior to the issuance of the first
permit for the construction of such space or if such construction
is performed without a permit, at the time when construction is
commenced. No permit shall issue until the tax is paid.
5.09.060 Refunds. If a permit for construction work expires
or if such permit is revoked and if during the one hundred-twenty
days following the expiration or revocation date of the permit the
permittee files written application for a refund in the office of
the City Clerk, there shall be a refund of the entire tax paid.
There shall be no refund if any construction work has been perform-
ed nor shall there be any partial refund. In the event of a refund,
it shall be unlawful for any person to proceed in any way with
further construction without first applying for another building
permit and paying the tax imposed by this chapter. If no refund
is made and a permit expires after work has been performed, a
new building permit shall be required and the tax imposed by
this chapter shall be paid provided, however, a credit shall be
given not to exceed the tax paid in connection with the expired
permit.
5.09.070 Disposition of proceeds; fund created. (a) All
proceeds from the tax collected pursuant to this chapter shall
be paid into a special capital outlay fund of the City entitled
"Public Facilities Fund" which fund is hereby created. The fund
shall be used only for the purpose of acquiring, building,
improving, expanding and equipping public property, and public
improvements and facilities including but not limited to the
following types of capital projects: Public buildings (such as
fire stations, police facilities, maintenance and yard facilities,
libraries and general city offices) parks, major streets, traffic
signals, storm drains, bridges and other similar projects as
the Council may deem necessary and appropriate.
(b) Designation of expenditures of funds available from
the Public Facilities Fund shall be made by the City Council in
the context of approval of the City's annual operating and
capital improvements budget or at Such other time as the Council
may direct. At the discretion of the City Council, funds may be
accumulated in unlimited amounts for expected future capital
improvement costs.
(c) The City Council may loart general funds or other funds
to the Public Facilities Fund and use the proceeds from the tax
imposed by this chapter to repay such loans.
5.09.080 Exceptions. There 4s excepted from the tax
imposed by this chapter, the following:
(1) The construction of a building or structure or
mobilehome space which is a replacement for a building or space
being removed from the same lot or parcel of land. The exception
shall equal but not exceed the tax which would be payable here-
under if the building being replaced were being newly constructed.
If the tax imposed on the new building exceeds the amount of this
exception, such excess shall be paid.
3.
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(2) Accessory buildings or structures in mobilehome
parks, such as a club house/ swimming pool, or laundry
facilities.
(3) Buildings or structures which are clearly
accessory to an existing use such as fences, pools, patios
and automobile garages.
(4) The City Council may grant an exception for a
low cost housing project where the City Council finds such
project consistent with the Housing Element of the General
Plan and that such exception is necessary. In approving an
exception for low cost housing the City Council may attach
conditions, including limitations on rent or income levels
of tenants. If the City Council finds a project is not
being operated as a low cost housing project in accordance
with all applicable conditions, the tax, which would otherwise
be imposed by this chapter, shall immediately become due and
payable.
5.09.090 Exemptions. There is excluded from the tax
imposed by this chapter:
1. Any person when imposition of such tax upon that
person would be in violation of the Constitution and laws of
the United States or the State of California.
2. The construction of any building by a nonprofit
corporation exclusively for religious, educational, hospital
or charitable purposes.
3. The construction of any building by the City of
Carlsbad, the United States or any department or agency thereof
or by the State of California or any department, agency or
political subdivision thereof.
5.09.100 Construction prohibited. It shall be unlawful
for any person to erect, construct, enlarge, alter, repair,
move, improve, make, put together or convert any building or
structure in the City, or attempt to do so, or cause the
same to be done, without first paying the tax imposed by
this chapter.
5.09.110 Tax liability; enforcement. The taxes
imposed by this chapter are due from the person by or on
behalf of whom a residential, industrial or commercial
building or mobilehome space is constructed, whether such
person is the owner or a lessee of the land upon which the
construction is to occur. The Building Director shall
collect the tax due hereunder. The full amount due under
this chapter shall constitute a debt to the City of Carlsbad.
An action for the collection thereof may be commenced in the
name of the City in any court having jurisdiction of the
cause.
The City Manager shall be responsible for the administration
and enforcement of this chapter. His decisions may be
appealed to the City Council whose decision shall be final.
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5.09.120 Effective date. The taxes imposed by this
Chapter shall be applicable with respect to building permits
for construction activities, issued on or after April 1, 1979.
Any person constructing one or more dwelling units, or other-
wise engaging in construction taxable hereunder, pursuant to
a building permit applied for on or after said date, or applied
for before said date but not actually issued until on or
after said date, shall be liable for payment of said tax
irrespective of whether said tax was collected at the time of
building permit application or issuance. No occupancy permit
shall be issued with respect to any completed structure or
construction taxable hereunder, unless and until the proper
tax due has been paid.
SECTION 2: Severability. If any section, subsection,
sentence, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional by the decision
of a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of the
ordinance. The City Council of the City of Carlsbad hereby
declares that it would have passed this ordinance, and each
section, subsection, clause or phrase thereof, irrespective
of the fact that any one or more other sections, subsections,
clauses or phrases may be declared invalid or unconstitutional.
SECTION 3: The City Council may amend this ordinance
from time to time to add exceptions or adjust the rate or
application of tax or make such other changes as they determine
to be necessary provided, the rate of the tax to be imposed
by this ordinance shall not be increased and the purposes
for which the funds can be expended shall not be changed.
SECTION 4: This ordinance, being an ordinance relating
to taxes for usual and current expenses of the City, pursuant
to Section 36937(d) of the Government Code shall take effect
immediately upon its passage. Before the expiration of
fifteen days after its passage, this ordinance shall be
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published once in the Carlsbad Journal, a newspaper of
general circulation printed and published in the City of
Carlsbad.
PASSED, APPROVED AND ADOPTED at a meeting of the City
Council of the City of Carlsbad held on the day of
1979 by the following vote, to wit:
AYES:
NOES:
ABSENT:
RONALD C. PACKARD, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR., City Attorney
6.
1 RESOLUTION NO 5724
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REQUESTING THE BOARD OF
5 SUPERVISORS OF THE COUNTY OF SAN DIEGO TO PERMIT
THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER
4 SPECIFIED SERVICES TO THE CITY OF CARLSBAD, RE-
LATING TO THE CONDUCT OF A SPECIAL MUNICIPAL
5 ELECTION TO BE HELD IN SAID CITY ON JUNE 5, 1979.
6 WHEREAS, a Special Municipal Election is to be held in the
7 City of Carlsbad on June 5, 1979; and
8 WHEREAS, in the course of conduct of said election and in
9 relation thereto it will be necessary to mail sample ballots and
10 polling place inserts to the registered voters of the City, and
11 it will facilitate such mailing if the Registrar of Voters of
12 the County of San Diego will prepare and furnish the City the
13 imprinting of the names and addresses of the registered voters
14 of said City on I.B.M. polling place inserts furnished by the City,
15 and after bursting the forms will insert the polling place insert
16 and sample ballot into envelopes, all to be furnished by the City,
17 will place all envelopes in zip-coded mail bags, advise City Clerk
18 of the number of pieces to be mailed, prepare POD Form 3602,
19 "Statement of Mailing Matter With Permit Imprints", and advise the
20 City Clerk when work is complete so delivery can be arranged; and
21 WHEREAS, all necessary expense in performing this service shall
22 be paid by the City of Carlsbad;
23 NOW, THEREFORE, the City Council of the City of Carlsbad does
24 hereby RESOLVE, DETERMINE AND ORDER as follows:
25 SECTION 1. That pursuant to the provisions of Section 22003
26 of the Elections Code of the State of California, this City Council
27 hereby requests the Board of Supervisors of said County to permit
28 the Registrar of Voters to prepare and furnish to said City for use
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in conducting said election to be held June 5, 1979, the imprintin;
of the names and addresses of the registered voters of said City
on I.B.M. polling place inserts furnished by the City and after
bursting the forms to insert the polling place insert and sample
ballots into envelopes, all to be furnished by the City, will plac
all envelopes in zip-coded mail bags, advise City Clerk of the
number of pieces to be mailed, prepare POD Form 3602, "Statement
of Mailing Matter With Permit Imprints", and advise the City Clerk
when work is complete so delivery can be arranged.
SECTION 2. That said City shall reimburse said County for
services performed when the work is completed and upon presenta-
tion to the City of a properly approved bill.
SECTION 3. That the City Clerk is hereby directed to forward
Without delay to said Board of Supervisors and to said Registrar
of Voters, each a certified copy of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad on March 20, 1979 at a Regular Meeting thereof
by the following vote, to wit:
AYES:
NOES:
ABSENT: None
ATTEST:
Councilman Packard, Skotnicki, Anear, Lewis and
Counci1 woman Casler
None
RONALD C. PACKARD, Mayor
ALETHA L. RAUTENKRANZ, City Clferk
(SEAL)
1 RESOLUTION NO 5725
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DIRECTING THE CITY
3 ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF
THE PROPOSED PUBLIC FACILITIES FEE ORDINANCE.
4
5 WHEREAS, a Special Municipal Election is to be held in the
6 City of Carlsbad on June 5, 1979, at which there will be
7 submitted to the qualified voters of said City, the following
8 Measure, to wit:
9
10 SHALL ORDINANCE NO. 6059 BE ADOPTED
AMENDING TITLE 5 OF THE CARLSBAD
11 MUNICIPAL CODE BY ADDITION OF CHAPTER
5.09 TO IMPOSE A LICENSE TAX ON ALL NEW
12 CONSTRUCTION IN THE CITY FOR THE PURPOSE
OF PROVIDING PUBLIC FACILITIES.
13
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15 WHEREAS, the City Council desires to have an impartial
16 analysis prepared showing the effect of such Ordinance on the
17 existing law and showing the operation of such Ordinance;
18 NOW, THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED
19 AND ORDERED by the City Council of the City of Carlsbad as
20 follows:
21 SECTION 1. Pursuant to the provisions of Section 5011
22 of the Elections Code of the State of California, this City
23 Council does direct the City Attorney to prepare an impartial
24 analysis of the Ordinance.
25 PASSED, APPROVED AND ADOPTED by the City Council of the
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City of Carlsbad on March 20, 1979 at a Regular Meeting thereof
by the following vote, to wit:
AYES: Councilman Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: None
ABSTAIN: None
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Cler
(SEAL)
1 • RESOLUTION NO. 5726
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN
3 OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT
FOR A CITY MEASURE
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5 WHEREAS, a Special Municipal Election is to be held in
6 The City of Carlsbad, on June 5, 1979, at which there will be
7 submitted to the qualified voters of said City, the following
8 Measure, to wit:
9 SHALL ORDINANCE NO. 6509 BE ADOPTED AMENDING TITLE
10 5 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
11 CHAPTER 5.09 TO IMPOSE A LICENSE TAX ON ALL NEW
12 CONSTRUCTION IN THE CITY FOR THE PURPOSE OF PROVIDING
13 PUBLIC FACILITIES.
14 NOW, THEREFORE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED
15 AND ORDERED by the City Council of the City of Carlsbad, as
16 follows:
17 SECTION 1. That this City Council, being the legislative
18 body of the City of Carlsbad, hereby authorizes
19 RONALD C. PACKARD
20 ANTHONY J. SKOTNICKI
21 CLAUDE A. LEWIS
22 MARY E CASLER
23 GIRARD W. ANEAR
24 members of said body, to file a written argument for the City
25 Measure, set forth in the recitals hereof in accordance with
26 Article 4, Chapter 3, Dividion 5 of the Elections Code of
27 the State of California, and to change said argument until and
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including the date fixed by the City Clerk,after which no
arguments for or against said City Measure may be submitted to
said City Clerk.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad on March 20, 1979 at a Regular Meeting thereof
by the following vote, to wit:
AYES:
NOES:
ABSTAIN: None ^ > , . /^~^>
Councilmen Packard, Skotnicki, Anear, Lewis and
CounciIwoman Casler
None
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerl
(SEAL)
1 RESOLUTION NO 5727
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ORDERING THE CANVASS
5 OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD
ON THE 5TH DAY OF JUNE, 1979, TO BE MADE BY
4 THE CITY CLERK OF THE CITY OF CARLSBAD.
5 WHEREAS, a Special Municipal Election will be held and
6 conducted in the City of Carlsbad, County of San Diego, State
7 of California, on Tuesday, the 5th day of June, 1979; and
8 WHEREAS, the City Council of said City desires the canvass
9 of said election to be made by the City Clerk of said City;
10 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD,
11 CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER
12 AS FOLLOWS:
13 SECTION 1. That pursuant to Section 22932.5 of the Elections
14 Code of the State of California, the canvass of the Special
15 Municipal Election to be held in the City of Carlsbad, County
16 of San Diego, State of California, on Tuesday, the 5th day of
17 June, 1979, is hereby ordered to be made by the City Clerk of the
18 City of Carlsbad.
19 SECTION 2. That the City Clerk of said City shall prior
20 to the 12th day of June, 1979, complete the canvass ;of the
21 Special Municipal Election to be held in said City on the 5th
22 day of June, 1979, and shall certify the results to this said
23 City Council on the 12th day of June, 1979.
24 SECTION 3. That the City Clerk shall certify to the passage
25 and adoption of this Resolution; shall enter the same in the book
26 of original Resolutions of said City, and shall make a minute
27 of the passage and adoption thereof in the records of the
28 proceedings of the City Council of said City, in the minutes of
the meeting at which the same is passed and adopted.
2 SECTION 4. That this Resolution shall take effect
immediately.
PASSED, APPROVED AND ADOPTED by the City Council of the
City of Carlsbad at a Regular Meeting thereof held March 20,
1979 by the following vote, 'to wit:
AYES: Councilman Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
8 NOES: None
Q ABSTAIN: None
'RONALD c. PACKARD, Mayor
11
12 ATTEST:
1?ILETHA LTRAUTENKRANZ, City Clejrk
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