HomeMy WebLinkAbout1980-08-19; City Council; 6342; Special Municipal Election(11/4/80)CITY OF CARLSBAD (• <3 I
AGENDA BILL NO. __ ^ 3 «/ 3» _ _____ _ Dept^d!
DATE: AUGUST 19, 1980 c.
DEPARTMENT:City Glerk C' Mgr'
Subject: SPECIAL MUNICIPAL ELECTION - NOVEMBER 4, 1980
PROPOSITION RELATING TO LOW RENT HOUSING
Statement of the Matter
The City Council, at its meeting of August 5, 1980, instructed
staff to prepare documents necessary for the placement of a
proposition relating to senior citizen low rent housing with
the Presidential General Election to be held November 4, 1980.
The necessary documents have been prepared for your consideration,
which will call the election, request consolidation \*±th the
Presidential General Election, and will authorize certain members
of the Council to submit arguments.
Attached to the resolution concerning the submittal of arguments
is a proposed argument that has been drafted for Council's
consideration. Also attached to the packet is an impartial analysis
prepared by the City Attorney.
Exhibits
1. Resolution No. 6i^^3 , calling and giving notice of special
election.
2. Resolution No. 4*L£_!Z_> requesting the Board of Supervisors
to consolidate the special election with the Presidential
General Election.
3. Resolution No. {/ £$>£', authorizing certain of its members to
submit written arguments.
4. Impartial Analysis.
Recommendation
If Council desires to call a special election relative to senior
citizen low rent housing, it is necessary that the above-referenced
resolutions be adopted.
1 RESOLUTION NO. 6283
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CALLING, PROVIDING FOR AND
3 GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO
BE HELD IN SAID CITY ON NOVEMBER 4, 1980 FOR THE
4 I PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF
SAID CITY A MEASURE RELATING TO AUTHORIZATION FOR
5 I DEVELOPMENT OF LOW RENT HOUSING FOR LOW INCOME
SENIOR CITIZENS AND CONSOLIDATING SAID ELECTION
6 WITH THE PRESIDENTIAL GENERAL ELECTION TO BE HELD
ON SAID DATE.-
7
8 WHEREAS, the legislative body of the City of Carlsbad desires
9 to submit to the qualified voters of said City a proposed prop-
10 osition relating to authorization for development of low rent
11 housing for low income senior citizens; and
12 WHEREAS, the City Council of the City of Carlsbad thereupon
13 authorized to submit such proposition to the qualified voters;
14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD,
15 CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER,
16 AS FOLLOWS:
17 Section 1. That a special election be held and the same is
18 hereby called to be held in said City on November 4, 1980 for
19 the purpose of submitting to the qualified voters of said City
20 a proposition hereinafter set forth relating to authorization
21 pursuant to Article XXXIV of the Constitution of the State of
<
22 California for low rent housing projects.
23 Section 2. The proposed proposition submitted to the voters
24 shall be as follows: Do the qualified electors of the City of
25 Carlsbad, pursuant to Article XXXIV of the Constitution of the
26 State of California,approve the development, construction, and
27 acquisition of low rent housing projects by the City of Carlsbad
28 °r other City designated public agency, not to exceed two hundred
Page 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
fifty (250) total units on scattered sites throughout the City to
provide living accommodations for low income senior citizens.
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 re'quired by law, there
shall be printed substantially the following:
PROPOSITION 1. Do the qualified
electors of the City of Carlsbad,
pursuant to Article XXXIV of the
Constitution of the State of Cal-
ifornia, approve the development,
construction, and acquisition of
low rent housing projects by the
City of Carlsbad, or other City-
designated public agency, not to
exceed 250 total units on scat-
tered sites throughout the City
to provide living accommodations
for low income senior citizens.
YES
NO
Section 5. That a cross (+) placed in the voting square
after the word "YES" in the manner hereinbefore provided shall
be counted in favor of the adoption of the proposition. A cross
(+) placed in the voting square after the word "NO" in the manner
Page 2 "
1 hereinbefore provided- shall be counted against the adoption of
2 the proposition.
3 Section 6. That the special election hereby called for the
4 date hereinbefore specified shall be, and is hereby ordered
5 consolidated with the Presidential General Election to be held
6 on said date, and within said City the precincts, polling places
7 and officers of election for the Special Municipal Election shall
8 be the same as those provided for said Presidential General
9 Election. The Board of Supervisors for San'Diego County is hereby
10 requested to order the consolidation of the Special Municipal
11 'Election hereby called with said Presidential General Election,
12 and said Board of Supervisors is hereby authorized to canvass
13 the returns of said Special Municipal Election, and said
14 elections shall be held in all respects as though there were only
15 one election and one form of ballot, namely, the ballots used at
16 said General Election shall be used. Said Board of Supervisors
17 shall certify the results of the canvass of the returns of said
18 Special Municipal Election to the City Council of the City of
19 Carlsbad which shall thereafter declare the results thereof,
20 The proposition submitted by this resolution shall be designated
21 on the ballot by the letter printed on the left margin of the
22 square containing the description of the measure, as provided
23 in Section 10218 of the Elections Code.
24 Section 7. That notice of the•time and place of holding
25 said election is hereby given and the City Clerk is hereby
26 authorized, instructed and directed to give such further or
27 additional notice of said election in time, form, and manner as
28 required by law.
Page 3
1 Section 8. That the City Clerk shall certify to the passage
2 and adoption of this resolution; shall enter the same in the book
3 of original resolutions of said City; and shall make a minute of
4 the passage and adoption thereof in the records of the proceedings
5 of the City Council of said City in the minutes of the meeting at
6 which the same is passed and adopted.
7 Section 9. That this resolution shall take effect
8 immediately.
9 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
10 City Council of the City of Carlsbad held on the 19th day of
11 August , 1980, by the following vote, to wit:
12 AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
13 NOES: None
14 ABSENT: None
15 ,
'RONALD' C, PACKARD, Mayor
16
17 ATTEST:
•18
19
ALETHA L. RAUTENKRANZ, City Clejtk
21 (SEAL)
22
23
24
25
26
27
28
Page 4
1
2
5
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. 6284
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, REQUESTING THE BOARD
OF SUPERVISORS TO CONDUCT THE ELECTION OF THE
CITY OF CARLSBAD ON TUESDAY, NOVEMBER 4, 1980,
AND TO CONSLIDATE THAT ELECTION WITH THE
PRESIDENTIAL'GENERAL ELECTION TO BE HELD ON THE
' SAME DATE.
WHEREAS, the City of Carlsbad has called a Special Municipal
Election to be held in the City of Carlsbad on November 4, 1980;
and
WHEREAS, Section 439.1 of the Administrative Code of the
County of San Diego authorizes the Registrar -of Voters of the
County of San Diego to render specified services relating to the
conduct of an election to any city or district which has by
resolution requestion the Board of Supervisors to permit the
Registrar to render the services, subject to requirements set
forth in that section; and
WHEREAS, the City Council of the City of Carlsbad called
an election to be held on the same day in the same territory
that is in part the same; and
WHEREAS, pursuant to Part 2.5 (commencing with Section 23300)
Division 14 of the Elections Code, the Board of Supervisors has
authority to consolidate public district, city, county or other
i
political subdivision elections with each other and with the
State-wide election to be held on the same day;
NOW, THEREFORE, BE IT RESOLVED that pursuant to the above-
cited provisions, the Board of Supervisors of the County of San
Diego is hereby requested to permit the Registrar of Voters to
perform and render all services and proceedings incidental to
and connected with the conduct of the subject election in the
Page T
1 City of Carlsbad, with the cooperation and assistance of the City
2 Clerk, such services to include, but not to be limited to, the
3 following activities as are appropriate to the subject election:
4 1. Furnish a tabulation of the number of registered voters
5 in each precinct.
6 2. Examine the signatures on nomination papers or petitions
7 of candidates for public office. , •
8 3. Establish voting precincts, secure locations for polling
9 places, secure the services of election officers for each
10 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 necessary
14 election supplies for the conduct of the election.
15 5. Cause to be translated, as appropriate, and printed the
16 requisite number of sample 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 voters of the City of Carlsbad.
20 7. Insert the sample ballots and other printed matter
21 into envelopes for mailing, and cause the same to be mailed, as
22 required by law.
23 8. Assemble the election material and supplies into ballot
24 bags and make necessary arrangements for their delivery to the
25 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
Page 2
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 to the election officials the
11 amounts prescribed by the Board of Supervisors of the County of
12 San Diego.
13 BE IT FURTHER RESOLVED that the exact form of the proposi-
14 tion to appear on the ballot and to be submitted to the voters
15 is as follows:
16 Do the qualified electors of the City of Carlsbad
pursuant to Article XXXIV of the Constitution of
17 the State of California, approve the development,
construction, and acquisition of low rent housing
18 projects by the City of Carlsbad, or other City-
designated public agency, not to exceed 250 total
19 units on scattered sites throughout the City to
provide living accommodations for low income senior
20 citizens.
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 and if this consolidation is ordered,
27 then pursuant to Section 23306(and Section 23314, when applicable)
28 of the Elections Code, (a) the election shall be held in all
Page 3
1 respects as if there were only one election; (b) only one form
2 of ballot shall be used; and (c) the Registrar of Voters of the
3 County of San Diego shall canvass the returns of the subject
4 election as part of the canvass of the returns of the election
,»
5 or elections consolidated hereby.
6 BE IT FURTHER RESOLVED that if this consolidation is ordered,
7 then pursuant to Section 23305 (and Section 23314, when applicable
8 of the Elections Code within the territory affected by this
9 order of consolidation, the election precincts, polling places,
10 voting booths, and voting hours shall, in every case, be the
11 same, and there shall be only one set of election officers in
12 each of the precincts.
13 BE IT FURTHER RESOLVED that the County of San Diego shall be
14 reimbursed in full for the services performed by the Registrar of
15 Voters for the City of Carlsbad upon presentation of a bill
16 therefor arid that the City of Carlsbad agrees to indemnify and
17 to hold free and harmless the. County, its officers, agents and
18 employees from expense or liability, including reasonable
19 attorneys' fees, as a result of an election contest arising after
20 conduct of this election.
21 BE IT FURTHER RESOLVED AND ORDERED that the City Clerk is
22 hereby directed to deliver forthwith certified copies of this
23 resolution to the Clerk of the Board of Supervisors of the
24 County of San Diego, and to the Registrar of Voters of the County
25 of San Diego.
26 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
27 //
28 II
Page 4
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 Council of the City of Carlsbad held on the 19th 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 :
ALETHA L. RAUTENKRANZ, City Clerl
(SEAL)
Page 5
1 RESOLUTION NO, 6285
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN
'6 OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR
A CITY MEASURE.
4
5 WHEREAS, a Special Municipal Election is to be held in the
6 City of Carlsbad on November 4, 1980, at which there will be
7 submitted to the qualified electors of said City the following
8 City measure:
9 Do the qualified electors of the City of Carlsbad,
pursuant to Article XXXIV of the Constitution of the
10 State of California, approve the development,
construction, and acquisition of low rent housing
11 . projects by the City of Carlsbad, or other City-
designated public agency, not to exceed 250 total
12 units on scattered sites throughout the City to
provide living accommodations for low income senior
13 citizens.•
14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD,
15 CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER, 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 MARY H. CASLER
21 GIRARD W. ANEAR
i
22 CLAUDE A. LEWIS
23 ' ANN J. KULCHIN
24 members of said body to file a written argument of the City
25 measure set forth in the recitals hereof in accordance with
26 Article 4, Chapter 3, Division 5 of the Elections Code of the
27 State of California and to change said argument until and
28 including the date fixed by the City Clerk, after which no
Page 1
arguments, for or against City measure may be submitted.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
3 City Council of the City of Carlsbad, held on the 19th day of
4 August , 1980, by the following vote, to wit:
5 AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
6 NOES: None
7 ABSENT: None
8
RONALD C. PACKARD, Mayor
9
10 ATTEST:
11
12 l^l^JC-C-xL/'U-tV ^ . l/\ C-txCf ^CK^vv^CXyg,»>TALETHA L. RAUTENKRANZ, City Clerk;
13 -s
14 (SEAL)
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page 2
IMPARTIAL ANALYSIS
Proposition 1 proposes a measure for adoption by the people
of the City Carlsbad to approve the development, construction and
acquisition of low rent housing projects, on scattered sites within
the incorporated area of the City of Carlsbad, not to exceed a total
of two hundred and fifty units, for low income senior citizens.
The California Constitution prohibits low rent housing projects
from being developed, constructed or acquired until the electors
approve the development, construction or acquisition at an election.
(CAL CONST. ARTICLE XXXIV) If approved, this proposition would
authorize public development, acquisition or construction, or
private development, acquisition or construction, in which there is
some public participation or involvement. The measure only authorizes
the development, acquisition or construction of units and does not
compel or mandate said units be developed, constructed or acquired.
A YES vote on this proposition authorizes the development,
construction and acquisition of not more than a total of 250 units
of low rent senior citizen housing on scattered sites within the
incorporated area of the City; A NO vote on this proposition withholds
this authorization,