HomeMy WebLinkAbout1980-01-15; City Council; 6125-1; Placement of advisory propositionCITY OF CARLSBAD
i Initial:AGENDA BILL NO. - ^ ^ DeptHd
DATE: January 15. 1980 C. Att
DEPARTMENT: City Clerk C' Mgr"
Subject: PLACEMENT OF ADVISORY PROPOSITION ON BALLOT FOR
APRIL 8, 1980 GENERAL MUNICIPAL ELECTION
Statement of the Matter
Per the direction of Council at their meeting of January 2,
1980, attached are the documents adding the advisory proposition
regarding allocation of State sales tax to the ballot for the
General Municipal Election to be held April 8, 1980.
Also attached is a resolution which will allow Council to file
an argument on this proposition; and a resolution which will
direct the City Attorney to prepare an impartial analysis of
the Measure.
Exhibits
1. Resolution No. d>Q &> Q , adding the advisory proposition to
the ballot.
2. Resolution No. (QO (p / , directing the City Attorney to
prepare an impartial analysis.
3. Resolution No. (_p Q fa 3 , authorizing Council to file an
argument.
Recommendation
Adopt Resolutions No. ^> Q Co Q (o O /a / and f0O(o2 .
Council Action:
1-15-80 Council adopted Resolution 6060, adding the advisory proposition
to the ballot; adopted Resolution 6061, directing the City Attorney
to prepare an impartial analysis; and adopted Resolution 6062,
authorizing Council to file an argument.
1 RESOLUTION NO. 6060
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION
3 NO. 6043, TO INCLUDE THE SUBMISSION TO THE
QUALIFIED ELECTORS OF SAID CITY AN ADVISORY
4 QUESTION RELATING TO THE DISTRIBUTION OF
STATE SALES TAX REVENUE.
5"
6 WHEREAS, under the provisions of the laws relating to
general law cities in the State of California, a General
8 Municipal Election shall be held on April 8, 1980; and
WHEREAS, the City Council did adopt Resolution No. 6043,
10| calling and giving notice of the Election; and
11 WHEREAS, the City Council desires to submit an additional
12 advisory measure to the qualified electors as hereinafter
131 set forth;
14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD,
15 DOES HEREBY RESOLVED AS FOLLOWS:
16 Section 1. That Resolution No. 6043, Section 2., is hereby
17 amended to include submission of the following advisory Measure
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"Should the Governor and the
Legislature of the State of
California be advised that:
It is the will of the people
of the City of Carlsbad that the
Governor and the Legislature
apportion the existing six cents
sales and use tax so that two
cents rather than the present one
cent be allocated to be used by
cities and counties for priority
local services rather than by the
State for state services or to the
state surplus.
It is understood that if the
Governor and the Legislature so
act, any funds resulting therefrom
which would cause the City to ex-
ceed a spending limit imposed by
a vote of the people of the City
of Carlsbad or the State shall be
returned to the people or
expended for capital improvements,
as provided by law.
Further, it is the will of
the people that the Governor and
the. Legislature enact such alloca-
tion into law no later than the
first of May, 1980 to avoid the
unnecessary enactment by the people
through the initiative process to
cure legislative .default."
PASSED, APPROVED AND ADOPTED by the Carlsbad City Council at
a Regular Meeting thereof, held on the 15th day of January
1980, by the following vote, to wit:
AYES:
NOES:
ABSENT: None
ATTEST:
'^J&
YES
NO
Councilman Packard, Skotnicki, Anear, Lewis and
Counci1 woman Casler
None
RONALD C. PACKARD, Mayor
ALETHA L. RAUTENKRANZ, City Cler$
(SEAL)
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RESOLUTION NO. 6061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION
NO. 6044, DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS OF MEASURES
WHEREAS, a General Municipal Election is to be held in the
City of Carlsbad on April 8, 1980, at which there will be
submitted to the qualified voters of said City the following
measures:
"Shall the Office of the City Clerk be appointive?"
and
"Shall the Office of City Treasurer be appointive?" and
WHEREAS, the City Council, by adoption of Resolution No. 6044
did direct the City Attorney to prepare an impartial analysis
of the two Measures; and
WHEREAS, the City Council placed an additional advisory
Measure on the ballot as follows:
"Should the Governor and Legislature of the State of
California be advised that:
It is the will of the people of the City of Carlsbad that
the Governor and the Legislature apportion the existing six cents
state sales and use tax so that two cents rather than the present
one cent be allocated to be used by cities and counties for
priority local services rather than by the state for state
services or to the state surplus.
It is understood that if the Governor and the Legislature
so act, any funds resulting therefrom which would cause the City
to exceed a spending limit imposed by a vote of the people of
the City of Carlsbad or the State of California shall, in
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1 accordance with and as provided for by the law,
2 be returned to the people or expended for capital improvements.
3 Further, it is the will of the people that the Governor
4 and Legislature enact such allocation into law by no later than
5 the first of May, 1980, to avoid the unnecessary enactment by
6 the people through the initiative process to cure legislative
7 default." and
8 WHEREAS, the City Council desires to have an impartial
9 analysis prepared showing the effect of such Measure on the
10 existing law and showing the operation of such Measure;
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
12 City of Carlsbad that:
13 1. Pursuant to the provisions of Section 5011 of the
14 Elections Code of the State of California, this City Council does
15 direct the City Attorney to prepare an impartial analysis of the
16 advisory Measure.
17 PASSED, APPROVED AND ADOPTED by the City Council of the
18 City of Carlsbad at a Regular Meeting thereof held on the
-*-9 T 5th day of January , 1980 by the following vote,
20 to wit:
21 AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
22 NOES: None
23 ABSENT: None
24 ^^. '->** s^t^t 'f^
'RONALD C. PACKARD, Mayor
25 ATTEST:
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^ ^c ^*^^
ALETHA L. RAUTENKRANZ, City Clerkl
(SEAL)
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RESOLUTION NO. 6062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION
NO. 6045, AUTHORIZING CERTAIN OF ITS MEMBERS
TO FILE A WRITTEN ARGUMENT REGARDING CITY
MEASURES .
WHEREAS, a General Municipal Election is to be held in
the City of Carlsbad, California, on April 8, 1980, at which
there will be submitted to the qualified electors of said City
the following Measures:
1. "Shall the Office of City Clerk be appointive?"
2. "Shall the Office of City Treasurer be appointive?" and
WHEREAS, by adoption of Resolution No. 6045, Council
authorized certain of its members to file a written argument
regarding the Measures; and
WHEREAS, the City Council has added an additional
advisory measure to the April 8, 1980 ballot as follows:
"Should the Governor and Legislature of the State of
California be advised that:
It is the will of the people of the City of Carlsbad that the
Governor and the Legislature apportion the existing six cents sales
and use tax so that two cents rather than the present one cent be
allocated to be used by cities and counties for priority local
services rather than by the State for state services or to the state
surplus.
It is understood that if the Governor and the Legislature so
act, any funds resulting therefrom which would cause the City to
exceed a spending limit imposed by a vote of the people of the City
of Carlsbad or the State shall be returned to the people or expended
for capital improvements, as provided by law.
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1
2 Further, it is the will of the people that the Governor
3 and Legislature enact such allocation into law by no later than
4 the first of May, 1980, to avoid the unnecessary enactment by the
5 people through the initiative process to cure legislative
6 default." and
V WHEREAS, the City Council desires to authorize certain of
8 its members to file a written argument regarding the advisory
9 Measure;
10 NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council
11 of the City of Carlsbad, as follows:
12 1. That this City Council, being the legislative body of
13 the City of Carlsbad, hereby authorizes
14 RONALD C. PACKARD
15 ANTHONY J. SKOTNICKI
16 MARY H. CASLER
17 GIRARD W. ANEAR
18 CLAUDE A. LEWIS
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20 members of said body, to file a written argument in favor of the
21 advisory Measure, set forth in the recitals hereof in accordance
22 with Article 4, Chapter 3, Division 5 of the Elections Code of
23 the State of California and to change said argument until and
24 including the date fixed by the City Clerk after which no
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arguments for or against said City Measures may be submitted to
the City Clerk.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
Carlsbad City Council, held on the 15th day of January ,
1980 by the following vote, to wit:
AYES: Counciltnen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: None
ABSENT: None
ATTEST:
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11 ALETHA L. ~RAUTENKRANz,~~cTty cieV
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RONALD C. PACKARD, Mayor