HomeMy WebLinkAbout1982-11-09; City Council; 7079-1; Results of Special Municipal ElectionOF CARLSBAD - AGENDA BILL
ARa 7079 -#1
MTG H-9-82
DEPT. CC
TITLE:
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HELD NOVEMBER 2, 1982
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CITY ATTY
PITY MGR.
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RECOMMENDED ACTION:
Adopt Resolution NO. J'O6>0 , declaring the results of the Election.
ITEM EXPLANATION:
The Registrar of Voters has canvassed the returns of the Special
Municipal Election held on November 2, 1982. The certificate showing
the results of that canvass reflects the following:
FOR COUNCIL MEMBER; TOTAL VOTES
Robert B. Prescott 2,558
Arthur Kantor 2,122
William A. Bonas 2,080
Will Hall 1,231
Jeffrey N. Punches 1,097
Vic Vickery 967
Elmer H. Jose, Jr. 740
Byron G. Annable 675
Bruce Naze 457
Ralph E. Barton 456
PROPOSITION H:
YES 6,941
NO 4,461
EXHIBITS
1. Resolution NO. 706>0 > declaring the results of the Election.
1 ' RESOLUTION NO. 7060
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, RECITING THE FACT OF A SPECIAL
MUNICIPAL ELECTION HELD IN SAID CITY ON THE 2nd DAY
OF NOVEMBER, 1982, DECLARING THE RESULTS THEREOF
AND SUCH OTHER MATTERS AS ARE REQUIRED BY LAW.
- WHEREAS, a Special Municipal Election was held and conductedo
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in the City of Carlsbad, County of San Diego, State of
California, on Tuesday, the 2nd day of November, 1982, as
required by law; and
WHEREAS, pursuant to Resolution Nos. 6934 and 6935, said
election was consolidated with the Statewide General Election
held on said date; and
WHEREAS, notice of said election was duly and regularly
given in time, form and matter as provided by law, that voting
precincts were properly established, that election officers were
appointed, and that in all respects said election was held and
conducted and the votes cast thereat, received and canvassed and
the returns made and declared in time, form and manner as
required by the provisions of the Elections' Code of the State
of California for the holding of elections in cities; and
WHEREAS, City Council Resolution No. 6935, adopted on the
6th day of July, authorized the Board of Supervisors of the
County of San Diego to canvass the returns of said election; and
WHEREAS, pursuant to the Election's Code said canvass has
been completed by the Registrar of Voters, who has conducted the
canvass, and has provided a certificate with the results of the
canvass, said certificate is listed as Exhibit "A", on file with
the City Clerk.
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. 'NOW, THEREFORE, the City Council of the City of Carlsbad,
California, does resolve as follows:
1, That the above recitations are true and correct.
2. That said Special Municipal Election was held for the
purpose of electing the following officer of said City as re-
quired by the laws relating to cities in the State of
One Council Member of the City of Carlsbad for a
short term of two years
3. That at said Special Municipal Election, the following
measure was submitted to the electors of said City, to wit:
"Shall an iniative ordinance by adopted adding Chapter
1.24 to the Carlsbad Municipal Code which would prohibit
the City from making an acquisition of or improvement
to real property the cost of which exceeds $1,000,000
in City funds, unless it is first placed on the ballot
and approved by a majority of the voters voting thereon
at an election."
4. That the whole number of votes cast in said City was
14,298.
5. That the names of persons voted for at said election for
Member of the City Council of said City are as follows:
Bruce Naze
Ralph E. Barton
Byron G. Annable
"Vic" Vickery
William A. Bonas
Arthur Kantor
Jeffrey N. Punches
Robert B. Prescott
Elmer H. Jose, Jr.
Will Hall
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' 6. That the measure voted upon at said election is as
follows :
"Shall an initiative ordinance be adopted adding Chapter
1.24 to the Carlsbad Municipal Code which would prohibit
the City from making an acquisition of or improvement
to real property the cost of which exceeds $1,000,000
in City funds, unless it is first placed on the ballot
and approved by a majority of the voters voting thereon
at an election."
7. That the number of votes given at each precinct to each of
such persons above named for the respective offices for which said
persons were candidates, and for and against the measure, were
listed on Exhibit "B" on file with the City Clerk.
8. The City Council does declare and determine that:
Robert B. Prescott was elected as Member of the City Council
of said City for a short term of two years; and
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That as as a result of said election, a majority of the quali-
fied voters voting on said measure relating to a spending
limitation (Ordinance No. 1255 attached hereto as Exhibit "C")
did vote in favor thereof, and that said proposition was
carried , and shall be deemed adopted and ratified.
9. That the City Clerk shall immediately make and deliver to
each of the persons so elected a Certificate of Election signed and
duly authenticated; that the City Clerk shall also administer to
each person elected, the Oath of Office prescribed in the State
Constitution of the State of California and shall have them
subscribe thereto and file the same in the City Clerk's Office.
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Whereupon, each and all of said persons so elected shall be
inducted into the respective office to which they have been
electeid.
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' 10. That the City Clerk shall certify to the passage and
o adoption of this resolution; shall enter the same in the file of
2 Original Resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the proceedings
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of the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
7 ,PASSED, APPROVED, AND ADOPTED by the City Council of the City
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of Carlsbad, at an adjourned regular meeting held the 9th day of
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November, 1982, by the following vote, to wit:
10 AVFC.AIC.O. Council Members Casler, Lewis, Kulchin, Chick and Anear
NOES: None
12 ABSENT: None
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MARY H. 7CASLER, Mayor
ATTEST:
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21 ALETHA L. RAUTENKRANZ, City C\erk
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EXHIBITS A AND B ARE ON FILE WITH THE CITY CLERK.
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EXHIBIT "C
RESOLUTION
ORDINANCE NO. 1255
AN INITIATIVE ORDINANCE OF THE CITY OF
CARSLBAD, CALIFORNIA, AMENDING TITLE 1
OF THE CARLSBAD MUNICIPAL CODE BY THE
ADDITION OF CHAPTER 1.24 TO REQUIRE
VOTER AUTHORIZATION FOR REAL PROPERTY
PURCHASE OR IMPROVEMENT PROJECTS WHICH
COST IN EXCESS OF $1,000,000.
The people of the City of Carlsbad, California
f ol lows••
" to
7060
do ordain as
SECTION 1: That Title 1 of the Carlsbad Municipal Code is
amended
Sec t ion
1.
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1.24.01
of real
impact s
imp osed
by the addition of Chapter 1.24 which reads
"Chapter 1.24
EXPENDITURE LIMITATION
s :
24.010 Purpose and Intent
24.020 Definitions
24.030 Vote Required
24.040 Determination of Cost
24.050 Guidelines
24.060 Exemption for Certain Projects
24.070 Amendment or Repeal
24.080 Severability
0 Purpose and Intent The acquisition and/or
estate by the City of Carlsbad has profound
upon the budget of the City and upon the tax
upon the taxpayers;
as follows:
development
f inane ial
burden
The City's financial resources have become more constrained
as a result of the passage of recent constitutional amendments
such as Proposition 13 and the Gann Initiative Spending
Limitation, thereby increasing the significance and importance of
decisions by the City to spend large amounts of money to purchase
or develop real property;
In the absence of the provisions of this ordinance requiring
voter approval for major land acquisition or development projects
by the City these decisions are often made without adequate
public review and comment in the context of an overall capital
improvements program;
1 It is the intent of this ordinance to provide the citizens
and taxpayers of Carlsbad with an opportunity to express directly
2 their preference by vote prior to major city expenditures for the
purchase or development of land;
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It is not the intent of this ordinance to interfere with the
4 normal day to day administration of the City or with routine
ongoing capital expenditures;
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1.24.020 Definitions.
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For purposes of this ordinance, the following words and
7 phrases shall have the following definitions:
8 a. "Effective Date" shall mean the date on which this
proposed ordinance was adopted by the City Council of the City of
9 Carlsbad or was passed by the voters at the polls whichever
occurs first.
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b. "Real Property Acquisition" shall mean the purchase or
11 lease of any real property, improved or unimproved, within or
without the corporate limits of the City of Carlsbad to be paid
12 for in whole or in part by city funds.
13 c. "Improvement to Real Property" shall mean the actual
physical construction of improvements on real property owned,
14 leased, or controlled by the City, or the modification,
enlargement, or alteration of existing improvements on such
15 property.
16 d. "City Funds" shall mean City of Carlsbad general fund
monies; federal general revenue sharing monies and all other
17 monies, but shall not include categorical federal and state
grants available to the city for specific purposes. City funds
18 shall not include special assessments.
19 1.24.030 Vote Required. The City of Carlsbad shall make no Real
Property Acquisition and/or no Improvement to Real Property the
20 cost of which exceeds $1,000,000 in City funds, unless the pro-
posed acqusition and/or improvement project and the cost in City
21 funds is first placed upon the ballot and approved by a majority
of the voters voting thereon at an election. A project may not
22 be separated into parts or phases so as to avoid the effects of
this ordinance.
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1.24.040 Determination of Cost. In determining whether or not
24 the cost in City funds o~fa proposed Real Property Acquisition or
Improvement to Real Property exceeds $1,000,000, the following
25 costs shall be included:
26 a. The purchase price of the real estate, including
improvements, or the present value of a lease, as appropriate;
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1 b. The contract price of the improvements;
2 c. All preliminary studies and reports directly related to
the acquisition or improvement, including but not limited to,
3 Environmental Impact Reports, architectural renderings, soils
analyses, engineering work, and the like;
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d. Finance cost, if any.
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1.24.050 Guidelines. The City Council may adopt reasonable
6 guidelines to implement this ordinance following notice and
public hearing.
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1.24.060 Exemption for Certain Projects. This ordinance shall
8 not apply to any Real Property acquisition or Improvement to Real
Property which has obtained a vested right as of the effective
9 date of this ordinance. For purposes of this ordinance, a
"vested right" shal have been obtained if each of the following
10 is met:
11 a. The proposed project has received its final discretionary
approval; and
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b. Substantial expenditures have been made in good faith
13 reliance on the final discretionary approval; and
14 c. Substantial construction has been commenced in good faith
reliance on the final dicretionary approval, where construction
15 is contemplated.
16 Whether or not a vested right has been obtained in a particular
case is a question of fact to be determined on a case by case
17 basis by the City Council following notice and public hearing.
18 1.24.070 Amendment or Repeal. This ordinance may be amended or
repealed only by a majority of the voters voting at an election
19 thereon.
20 1.24.080 Severability. If any section, sentence, clause,
phrase, part, or portion of this ordinance is for any reason held
21 to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
22 remaining portions of this ordinance. It is hereby declared that
this ordinance and each sect'ion, subsection, sentence, clause,
23 phrase, part, or portion thereof, would have been adopted or
passed irrespective of the fact that any one or more sections,
24 sentences, clauses, phrases, parts, or portions be declared
invalid or unconstitutional."
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MARY H.,/CASLER, Mayor
1 ATTEST:
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EFFECTIVE DATE: In accordance with Section 4013 of the
Elections Code of the State of California, this ordinance shall
be considered as adopted upon the date that the vote is declared
by the City Council, and shall go into effect 10 days after that
date.
ALETHA L. RAUTENKRANZ, City Clfrk
(SEAL)