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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. 6 ' 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 24 (LINE NOT USED) 25 (LINE NOT USED) 26 (LINE NOT USED) 27 (LINE NOT USED) 28 (LINE NOT USED) -2- 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 22 (LINE NOT USED) 23 (LINE NOT USED) 24 (LINE NOT USED) 25 (LINE NOT USED) 26 (LINE NOT USED) 27 (LINE NOT USED) 28 (LINE NOT USED) -3- 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: 11 LETHA L. RAUTENKRANZ, City Cldrk" 13 - 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- VINCENT F. BIONDO, JR.CITY ATTORNEY - CITY OF CARLSBAD1200 ELM AVENUECARLSBAD, CALIFORNIA 920081 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 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. CO « 1 2 3 4 5 6 7 8 9 10 11 12 8 13 O u.5 14 z £ 8 a" 16LiJ Z CN <£ It 1 17 I ° I8 19 20 21 22 23 24 25 26 27 28 (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, Q<m O u.Q Oz > m r; coss 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 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. CO CO DC < O) a LL m -0 O ? 2^ Z nro>: >o = o«3 LJJ 0 <> CD oc<O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 . LU O ^80 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. 00tfi 1 2 3 4 5 6 7 8 9 10 11 12 § 13 O) I 14 § 15 a- 16 1 17 18 19 20 21 22 23 24 25 26 27 28 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 5. Q m ' ^ CN*< g 1 2 3 4 5 6 7 8 9 10 11 12 I 13 0 u.Q o S 14 o <rO^ I- $ iL -IKm r; -; J-«s 16 o o 35£ g 17 18 19 20 21 22 23 24 25 26 27 28 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 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 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 14 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 26 (LINE NOT USED) 27 (LINE NOT USED) 28 (LINE NOT USED) 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 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 4 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 28 (LINE NOT USED) 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 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 14 15 (SEAL) 16 17 18 19 20 21 22 23 24 25 26 27 28