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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 19 20 21 22 23 24 25 26 27 28 -1- 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 "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) -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 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 -1- 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: 26 27 28 ^ ^c ^*^^ ALETHA L. RAUTENKRANZ, City Clerkl (SEAL) -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 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. -1- 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 19 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 25 // 26 // 27 // 28 // -2- 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: 1 2 3 4 5 6 7 8 9 10 11 ALETHA L. ~RAUTENKRANz,~~cTty cieV 12 i (ATTEST) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- RONALD C. PACKARD, Mayor