HomeMy WebLinkAbout1980-08-05; City Council; 6322; Initiative PetitionCITY OF CARLSBAD
AGENDA BILL NO. £p 3 3 2 Jept^Hd!
DATE: August 5. 1980 _ C.
DEPARTMENT: City Clerk C- MSr-
Subject:
INITIATIVE PETITION
Statement of the Matter
An initiative petition has been processed in accordance
with requirements of the California Elections Code. The
signatures have been examined per Section 3708 of the Elections
Code, and the petition has been certified as to sufficiency.
According to Section 4010 of the Elections Code, Council
must now take one of the following actions:
1. Introduce the ordinance without alteration;
or
2. Immediately order a special election.
If Council so desires, Ordinance No. Q^TSf may be
introduced.
If Council desires to call a special election, Resolution
No. V(f 7,J ,1 and No. iij JT IL '/ may be adopted.
Exhibits
1. Ordinance No.
2. Resolution No. ^^fS^^,' calling the special election.
3. Resolution No. Ig^BBR-^' , requesting the consolidation
of the election wlt:h the presidential general election
to be held on November 4, 1980.
4. Memorandum from City Clerk dated August 5, 1980.
Recommendation
None
Fiscal Impact
The cost of a special election combined with the presidential general election
would be approximately $5,000.
Council Action:
8-5-80 Council introduced Ordinance No. 9558.
8-12-80 Council adopted Ordinance No. 9558.
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ORDINANCE NO. 9558
AN ORDINANCE OF THE CITY COUNCIL OF THE f
CITY OF CARLSBAD, CALIFORNIA, AMENDING
TITLE 21, CHAPTER 21 ,,44 OF THE CARLSBAD
MUNICIPAL CODE BY THE ADDITION OF SECTION
21.44.015 TO REQUIRE VOTER AUTHORIZATION
FOR THE EXPANSION OF ANY AIRPORT IN THE
CITY OF CARLSBAD.
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That Title 21 ,__Chap>er~-ai^44 of the Carlsbad
Municipal Codes is amended by the addition of Section 21.44.015
which reads as follows:
"21.44.015 Voter authorization required for airport
•expansion. (a) The City Council of the City of Carlsbad shall
not approve any zone change, general plan amendment or any
other legislative enactment necessary to authorize expansion
of any airport in the City of Carlsbad nor shall the City of
Carlsbad commence any action or spend any funds preparatory
to or in anticipation of such approvals without having been
first authorized to do so by a majority vote of the qualified
electors of the City of Carlsbad voting at an election for such
purposes.
(b) This section was proposed by initiative petition and
adopted by the vote of the City Council without submission to
the voters and it shall not be repealed or amended except by
a vote of the people."
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EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after 'its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council, held on the 5th day of August i 198C
and thereafter
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„.an adjournedPASSED, APPROVED AND ADOPTED at # regular meeting of said
City Council, held on the 12th day of August > 1980> by
the following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
U •£ (?K • yy a
ALETHA L. RAUTENKRANZ, City ClerkT"
(SEAL)
2.
1 RESOLUTION NO.
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ORDERING, CALLING,
3 PROVIDING FOR AND GIVING NOTICE OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
4 NOVEMBER 4, 1980, FOR THE PURPOSE OF SUBMITTING
TO THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE
5 RELATING TO REQUIRING VOTER AUTHORIZATION FOR
EXPANSION OF AIRPORTS, CONSOLIDATING SAID ELECTION
6 WITH THE PRESIDENTIAL GENERAL ELECTION TO BE HELD
ON SAID DATE.
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8 WHEREAS, an initiative petition was processed in accordance
9 with the California Elections Code; and
10 WHEREAS, the signatures have been verified in accordance
11 with Section 3708 of the California Elections Code; and
12 WHEREAS, the petition has been certified as sufficient;
13 and
14 WHEREAS, the City Council of the City of Carlsbad has
15 determined to submit the ordinance to the qualified voters of
16 the City of Carlsbad;
17 NOW, THEREFORE, the City Council of the City of Carlsbad,
18 California, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER
19 as follows:
20 Section 1. That a special election be held and the same
21 is hereby called to be held in said City on November 4, 1980, for
22 the purpose of submitting to the qualified voters of said City an
23 ordinance hereinafter set forth relating to requiring voter
24 authorization for expansion of airports.
25 Section 2. The ordinance submitted to the voters shall be
26 as follows:
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"The City Council of the City of Carlsbad shall not approve any
zone change, general plan amendment or any other legislative enact-
ment necessary to authorize expansion of any airport in the City
of Carlsbad nor shall the City of Carlsbad commence any action or
spend any funds preparatory to or in anticipation of such
approvals without having been first authorized to do so by a
majority of the qualified electors of the City of Carlsbad voting
at an election for such purposes."
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:
ORDINANCE:The City Council of the City of
Carlsbad shall not approve any zone change,
general plan amendment or any other legislative
enactment necessary to authorize expansion of any
airport in the City of Carlsbad nor shall the
City of Carlsbad commence any action or spend any
funds preparatory to or in anticipation of such
approvals without having been first authorized
to do so by a majority vote of the qualified
electors of the City of Carlsbad voting at an
election for such purposes.
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YES
NO
1 Section 5. That a cross (+) placed in the voting square
2 after the word "YES" in the manner hereinbefore provided shall be
3 counted in favor of the adoption of the ordinance. A cross (+)
4 placed in the voting square after the word "NO" in the manner
5 hereinbefore provided shall be counted against the adoption of the
6 ordinance.
7 Section 6. That the special election hereby called for the
8 date hereinbefore specified shall be and is hereby ordered
9 consolidated with the presidential general election to be held
10 on said date, and within said city the precincts, polling places
11 and officers of election for the special municipal election hereby
12 called shall be the same as those provided for said presidential
13 general election. The Board of Supervisors of San Diego County
14 is hereby requested to order the consolidation of the special
15 municipal election hereby called with said presidential general
16 election, and said Board of Supervisors is hereby authorized to
17 canvass the returns of said special municipal election, and said
18 elections shall be held in all respects as if there were only one
19 election, and only one form of ballot, namely, the ballots used
20 at said general election, shall be used. Said Board of Supervisors
21 shall certify the results of the canvass of the returns of said
22 special municipal election to the City Council of the City of
23 Carlsbad which shall thereafter declare the results thereof. The
24 ordinance submitted by this resolution shall be designated on the
25 ballot by a letter printed on the left margin of the square
26 containing the description of the measure, as provided in Section
27 10218 of the Elections Code.
28 Section 7. That notice of the time and place of holding
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1 said election is hereby given and the City Clerk is hereby
2 authorized, instructed and directed to give such further or
3 additional notice of said election in time, form and manner as
4 required by law.
5 Section 8. That the City Clerk shall certify to the passage
6 and adoption of this Resolution; shall enter the same in the book
7 of original Resolutions of said City; and shall make a minute of
8 the passage and adoption thereof in the records of the proceedings
9 of the City Council of said City, in the minutes of the meeting
10 at which the same is passed and adopted.
11 Section 9. That this Resolution shall take effect
12 immediately.
13 PASSED, APPROVED AND ADOPTED at a regular meeting of the
14 City Council of the City of Carlsbad held on the day of
15 , 1980, by the following vote, to wit:
16 AYES:
17 NOES:
18 ABSENT:
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RONALD C. PACKARD, Mayor
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ATTEST:
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23 ALETHA L. RAUTENKRANZ, City Clerk
24 (SEAL)
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RESOLUTION NO.
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, REQUESTING
3 THE BOARD OF SUPERVISORS TO CONDUCT THE
ELECTION OF THE CITY OF CARLSBAD ON
4 TUESDAY, NOVEMBER 4, 1930, AND TO CONSOL-
IDATE THAT ELECTION WITH THE PRESIDENTIAL
5 GENERAL ELECTION TO BE HELD ON THE SAME
DAY.
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7 WHEREAS, the City of Carlsbad has called a Special Election
8 to be held in this City of Carlsbad on November 4, 1980; and
9 WHEREAS, Section 439.1 of the Administrative Code of the
10 County of San Diego authorizes the Registrar of Voters of the
11 County of San Diego to render specified services relating to the
12 conduct of an election to any city or district which has by reso-
13 lution requested the Board of Supervisors to permit the Registrar
14 to render the services, subject to requirements set forth in that
15 section; and
16 WHEREAS, the City Council of the City of Carlsbad called an
17 election to be held on the same day in the same territory that is
18 in part the same; and
19 WHEREAS, pursuant to Part 2.5 (commencing with Section 23300)
20 Division 14 of the Elections Code the Board of Supervisors has
21 authority to consolidate public district, city, county, or other
22 political subdivision elections with each other and with a state-
23 wide election to be held on the same day; NOW THEREFORE
24 BE IT RESOLVED that pursuant to the above-cited provisions,
25 the Board of Supervisors of the County of San Diego is hereby
26 requested to permit the Registrar of Voters to perform and render
27 all services and proceedings incidental to and connected with the
28 conduct of the subject election of the City of Carlsbad, with
1 the cooperation and assistance of the City Clerk, such services
2 to include, but not to be limited to the following activities
3 as are appropriate to the subject election:
4 1. Furnish a tabulation of the number of registered
5 voters in each precinct.
6 2. Examine the signatures on nomination papers or
7 petitions of candidates for public office.
8 3. Establish voting precincts, secure locations for
9 polling places, secure the services of election officers for
10 each precinct as required by law, and furnish a list of precincts,
11 polling places, and election officers for filing in the Office
12 of the City Clerk.
13 4. Prepare and furnish to the election officers neccessary
14 election supplies for the conduct of the election.
15 5. Cause to be translated, as appropriate, and printed
16 the requisite number of smaple ballots, official ballots, polling
17 place slips, rosters, tally sheets, and other necessary forms.
18 6. Furnish and address the envelopes necessary to mail
19 sample ballots to the registered^boters^of the City of Carlsbad.
^•" i ••••i i •faf*^
20 7. Insert the sample ballots and other printed matter
21 into envelopes for mailing, and cause the same to be mailed,
22 as required by law.
23 8. Assemble the election material and supplies into
24 ballot bags and make necessary arrangements for their delivery
25 to the various precincts.
26 9- Distribute absent voter ballots as required by law.
27 10. Receive the returns of the elections and supplies.
28 11- Sort and assemble the election material and supplies in
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1 preparation for the canvassing of the returns of the election.
2 12. Canvass the returns of the election, including the
3 absent voter ballots.
4 13. Furnish a tabulation of the number of votes given in
5 each precinct.
6 14. Make all arrangements and take the necessary steps to
7 pay the members of the precinct boards, the polling place rentals,
8 the persons returning the ballot bags, and to pay all other costs
9 of the election incurred as the result of services performed for
10 the City of Carlsbad and pay for the election officials the amount;
11 prescribed by the Board of Supervisors of the County of San Diego.
12 BE IT FURTHER RESOLVED that the exact form of the Ordinance
13 to appear on the ballot and to be submitted to the voters is
14 as follows:
15 The City Council of the City of Carlsbad shall not
approve any zone change, general plan amendment
16 or any other legislative enactment necessary to
authorize expansion of any airport in the City of
17 Carlsbad nor shall the City of Carlsbad commence
any action or spend any funds preparatory to or
18 in anticipation of such approvals without having
been first authorized to do so by a majority vote
19 of the qualified electors of the City of Carlsbad
voting at an election for such purposes.
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21 BE IT FURTHER RESOLVED that the Board of Supervisors of
22 the County of San Diego is hereby requested to consolidate this
23 election with the Presidential General Election to be held on
24 the same day, in the same territory, or in territory that is in
25 part the same.
26 BE IT FURTHER RESOLVED that if this consolidation is or-
r>7 dered, then pursuant to Section 23306 (and Section 23314, when
2Q applicable) of the Elections Code, (a) the election shall be
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held in all respects as if there were only one election; (b)
only one form of ballot shall be used; and (c) the Registrar of
Voters of the County of San Diego shall canvass the returns
4 of the subject election as part of the canvass of the returns
5 of the election or elections consolidated hereby.
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7 BE IT FURTHER RESOLVED that if this consolidation is or-.
8 dered, then pursuant to Section 23305 (and Section 23314, when
9 applicable) of the Elections Code within the territories affected
10 by this order of consolidation, the election precincts, polling
11 places, voting booths and polling hours shall, in every case
12 be the same, and there shall be only one set of election officers
13 in each of the precincts.
14 BE IT FURTHER RESOLVED that the County of San Diego shall
15 be reimbursed in full for the services performed by the Registrar
16 of Voters for this City of Carlsbad upon presentation of a bill
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17 therefor and that this City of Carlsbad agrees to indemnity)and
18 to save free and harmless the County, its officers, agents and
19 employees from expense or liability, including reasonable
20 attorneys fees, as a result of an election contest arising after
21 conduct of this election.
22 BE IT FURTHER RESOLVED AND ORDERED that the City Clerk is
23 hereby directed to deliver forthwith certified copies of this
24 resolution to the Clerk of the Board of Supervisors of the County
25 of San Diego, and to the Registrar of Voters of the County of
26 San Diego.
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1 PASSED, APPROVED AND AODPTED at a regular meeting of the
2 City Council of the City of Carlsbad held on the day
3 of , 1980, by the following vote, to wit:
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5 AYES:
6 NOES:
7 ABSENT:
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I RONALD C. PACKARD, Mayor
11 ATTEST:
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14 ALETHA L. RAUTENKRANZ, City Clerk
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MEMORANDUM
DATE: August 5, 1980
TO: CITY COUNCIL
FROM: City Clerk
SUBJECT: INITIATIVE PETITION
An initiative petition was filed with the City Clerk on Monday,
July 21, 1980.
Upon initial examination of the signatures, I determined that the
number of signatures, prima facie, was in excess of the number
required for filing a petition.
The signatures were then verified in accordance with Section 3708
of the California Elections Code, and the sufficiency of the
petition is certified.
The City Attorney has reviewed the form of the petition and has
indicated said petition meets the requirements of the Elections
Code.
The next step in the process is detailed in Section 4010 of the
Elections Code. It states that the legislative body shall
either:
(a) Introduce the Ordinance without alteration at the
regular meeting at which it is presented and adopt
the Ordinance within 10 days after it is presented; or
(b) Immediately order a special election, to be held not
less than 74 nor more than 89 days after the date of
the order, at which the ordinance, without alteration
shall be submitted to a vote of the voters of the
City.
If Council chooses to call a special election, it could be com-
bined with the presidential general election to be held November 4,
1980.
Attached to the agenda bill are the documents which would allow
Council to proceed with either action. If Council desires option
(a), the Ordinance may be introduced. If Council prefers option
(b), it would be necessary to adopt the Resolutions.
LEE RAUTENKRANZ,
City Clerk
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