HomeMy WebLinkAbout1986-08-05; City Council; 8725; Initiative petition Macario Canyon ParkCHWOF CARLSBAD — AGENDQeiLL
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MTG 8-5-86
DEPT. CLK
TITLE:
INITIATIVE PETITION - CONSTRUCTION
OF FACILITIES IN MACARIO CANYON PARK
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CITY ATTY -Jl3)
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RECOMMENDED ACTION:
Select one of the alternatives explained below, and act on the documents
corresponding with that alternative.
ITEM EXPLANATION
An initiative petition has been processed in accordance with the requirements of
the California Elections Code. The signatures on that petition have been
examined per section 3708 of the Elections Code, and the petition has been
certified as to sufficiency. Options now available to Council with regard to
that petition are as follows:
Alternative #1 - Introduce the ordinance, without change, as submitted.
Section 4-010 of the Elections Code provides that Council may introduce the
ordinance without alteration at the meeting at which it is presented, and adopt
the ordinance within ten days after it is presented.
If Council selects this alternative, their action would be to introduce
Ordinance No. }Zj 9 / > which is attached to this agenda bill.
Alternative #2 - Place the ordinance on the ballot of the November 4-, 1986
General Municipal Election.
Section 4-010 of the Elections Code also provides that Council may immediately
order a special election at which the ordinance, without alteration, shall be
submitted to a vote.
If Council selects this alternative, the first action would be to adopt
Resolution No. P73f> _ , amending Resolution No. 8670, to include the
submission of the ordinance to the qualified electors of the City at the
November 4-, 1986 General Municipal Election.
If Council places the matter on the ballot, they need to consider their options
concerning the filing of arguments and preparation of an impartial analysis.
A. Filing of Arguments. If Council desires to designate a few, or all of their
members, to prepare and submit an argument against the ordinance, it would
be necessary to adopt Resolution No. §^"731 attached. The deadline for
submittal of arguments to the City Clerk's Office has been established as
August 25, 1986.
B. Impartial Analysis. If Council desires the City Attorney to prepare an
impartial analysis on the matter, they should adopt Resolution No.
attached. The deadline for the submission of the impartial analysis in
City Clerk's Office is August 25, 1986.
PAGE 2 OF AB #
EXHIBITS
1. Resolution No. 3 7-3t> , amending Resolution No. 8670 to include the
submittal of the ordinance to the voters.
Resolution No. g"73 ( , which would allow Council to designate a few, or
all of their members, to prepare and submit an argument against the
proposition.
Resolution No. $"?*37L > directing the City Attorney to prepare an
impartial analysis of the proposition.
Ordinance No. J 3.9 / > requiring the City to construct certain facilities
for recreation in Macario Canyon Park during 1987 and 1988.
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RESOLUTION NO. 8730
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING RESOLUTION NO. 8670
CALLING AND GIVING NOTICE OF THE HOLDING OF THE
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, NOVEMBER 4, 1986, TO INCLUDE THE SUB-
MISSION TO THE QUALIFIED ELECTORS OF SAID CITY AN
ORDINANCE REQUIRING THE CITY TO CONSTRUCT CERTAIN
FACILITIES FOR RECREATION IN MACARIO CANYON PARK
DURING 1987 AND 1988. _
WHEREAS', the City Council adopted Resolution No. 8670
calling a Municipal Election to be held in said City on Tuesday,
November, 4, 1986 in order to elect a mayor and two members of
the City Council; and
WHEREAS, an initiative petition was processed in
accordance with California Elections Code; and
WHEREAS, the signatures have been verified in
accordance with Section 3708 of the California Elections Code;
and
WHEREAS, in accordance with Secton 4011 of the
California Elections Code, the petition has been certified as
sufficient in that it is signed by not less than ten percent of
the voters of the City; and
WHEREAS, the City Council of the City of Carlsbad has
determined to submit the ordinance to the qualified voters of
the City of Carlsbad at the Municipal Election being held on
November 4, 1986,
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Carlsbad, California, does hereby declare, determine
and order as follows:
A. That the above recitations are true and correct.
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B. That Resolution No. 8670 is hereby amended to
include the submission to the qualified voters of said City an
ordinance hereinafter set forth requiring the City to construct
certain facilities for recreation in Macario Canyon Park during
1987 and 1988.
C. The ordinance submitted to the voters shall be as
follows:
The People of the City of Carlsbad do ordain as follows:
"During the calendar years 1987 and 1988 the City of
Carlsbad, California shall (must) build in the Macario Canyon
Park, all of the following:
1. Five (5) baseball/softball fields, each with a
minimum distance from home plate to any outfield fence of three
hundred feet, and each field lighted for night use?
2. Four (4) rectangular soccer/football fields, each
with minimum measurements of two hundred feet wide and three
hundred fifty feet long, each field will be lighted for night
use ?
3. One (1) community center, containing a gymnasium
large enough to house an official full sized basketball court,
plus spectator seating;
4. A tot lot, picnic area, and adequate public
facilites (restrooms, parking lots, bleachers, etc.) to service
the entire Ballfield and Sports Complex facility.
We believe the estimated cost of this project to be
approximately Three and One-Half Million Dollars ($3,500,000.00)
and feel that it is a good investment in our City's future.
Severability Clause. If any section, subsection,
sentence, clause, phrase, part o|hportion of this Ordinance is
for any reason held to be invalid or unconstitutional by a final
judgment of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this
Ordinance, which shall remain in full force and effect."
D. That on the ballots to be used at said general
election, in addition to any other matters required by law, and
in addition to any other matters specified in Resolution No.
8670, there shall be printed substantially the following:
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Shall an initiative ordinance be adopted as follows:
"During the calendar years 1987 and 1988 the
City of Carlsbad, California shall (must) build in
the Macario Canyon Park, all of the following:
1) Five (5) baseball/softball fields, each with a
minimum distance from home plate to any outfield
fence of three hundred feet, and each field lighted
for night use; 2) Four (4) rectangular
soccer/football fields, each with minimum
measurements of two hundred feet wide and three
hundred fifty feet long, each field will be lighted
for night use; 31 One (1) community center,
containing a gymnasium large enough to house an
official full sized basketball court, plus spectator
seating; 4) A tot lot, picnic area, and adequate
public facilites (restrooms, parking lots, bleachers,
etc.) to service the entire Ballfield and Sports
Complex facility. We believe the estimated cost of
this project to be approximately Three and One-Half
Million Dollars ($3,500,000.00) and feel that it is a
good investment in our City's future.
YES
NO
E. 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 ordinance. A cross (+)
placed in the voting square after the word "NO" in the manner
hereinbefore provided shall be counted against the adoption of
the ordinance.
F. The ordinance submitted by this resolution shall
be designated on the ballot by a letter printed on the left
margin of the square containing the description of the measure,
as provided in Section 10219 of the Elections Code.
G. That the City Clerk shall certify to the passage and
adoption of this resolution; shall enter the same in the book of
original resolutions of said City; and shall make a minute of the
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passage and adoption thereof in the record of the proceedings of
the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 5th day of August » 1986 by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES: None
ABSENT: Council Member Kulchin
^j(
MARY H^/CASLER, Mayor
ATTEST:
AAI±^ / ^^fco,,^-.
ALETHA L. RAUTENKRANZ , City Clerk)
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RESOLUTION NO.8731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN OF ITS
MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING A
CITY MEASURE.
WHEREAS, a General Municipal Election is to be held in the
City of Carlsbad, California, on November 4, 1986, at which there
will be submitted to the voters the following measure:
Shal 1 an initiative ordinance be adopted! as follows:
"During the calendar years 1987 and 1988 the City of
Carlsbad, California shall (must) build in the
Macario Canyon Park, all of the following: 1) Five
(5) basebalI/softbal1 fields, each with a minimum
distance from home plate to any outfield fence of
three hundred feet, and each field lighted for night
use; 2) Four (4-) rectangular soccer/softbal 1 fields,
each with minimum measurements of two hundred feet
wide and three hundred fifty feet long, each field
will be lighted for night use; 3) One (1) community
center, containing a gymnasium large enough to house
an official full sized basketball court, plus
spectator seating; 4-) A tot lot, picnic area, and
adequate public facilities (restrooms, parking lots,
bleachers, etc.) to service the entire Ballfield and
Sports Complex facility. We believe the estimated
cost of this project to be approximately Three and
One-Half Million Dollars ($3,500,000.00) and feel
that it is a good investment in our City's future.
YES
NO
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Carlsbad, California, does declare, determine and order
as follows :
Section 1. That the above recitations are true and
correct.
Section 2. That the City Council, authorizes
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2 members of that body, to file a written argument against the
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proposition set forth in the recitals hereof in accordance with
4 Article 4, Chapter 3, Division 5 of the Elections Code of the
5 State of California, and to change the argument until and
6 including the date fixed by the City Clerk after which no
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arguments for' or against said City measure may be submitted to
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the City Clerk.
9 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
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Carlsbad City Council held on the day of
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1986, by the following vote, to wit:
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AYES:
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NOES:
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ABSENT:
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MARY H. CASLER, Mayor
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20 ATTEST:
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22 ALETHA L. RAUTENKRANZ, City Clerk
23 (SEAL)
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RESOLUTION NO.8732
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANAYLSIS OF THE PROPOSITION PERTAINING TO
^CONSTRUCTION OF FACILITIES IN MACARIO CANYON PARK.
WHERtAS, a General Municipal Election is to be held in the
City of CaVlsbad on November 4-, 1986, at which there will be
submitted to\the qualified voters of said City, the following
Proposition, tV> wit:
be adopted as follows: "During
ity of Carlsbad,
ario Canyon Park, all
tball fields, each
plate Jto any outfield fence
ghted for night use;
fields, each with
f/et wide and three
ill be lighted for night
ntaining a gymnasium
1 sized basketball
court, plus s/fi-Tc* ator se^tingj 4) A tot lot, picnic area, and
adequate publttc facilities (restrooms, parking lots,
bleachers, etp.) t\ servio>e the entire Ballfield and Sports
jWe believe the estimated cost of this
IximatelyNJhree and One-Half Million
i.OO) and feel that it is a good investment
ire.
Shall in initiative ordinance
the calendar \ears 1987 and 1
California shall (must) bull
of the following 1) Five (5)
with a minimum d\stance from
of three hundred iteet, and each
2) Four (4) rectangoilar solccer/
minimum measurement\ of two hund
hundred fifty feet 1\ng, each fie
use; 3) One (1) community c\enter,
large enough to house V> official
Complex faci
project to
Dollars ($3
in our City/'s
WHEREAS, the City Council desire^ to have an impartial
analysis prepared showing the effect d^ the Proposition on
existing law \anld the operation of the Proposition;
NOW THEREFWE, IT IS HEREBY RESOLVED, DECLARED, DETERMINED
AND ORDERED by the City Council of the City\of Carlsbad as
follows:
SECTION 1. Pursuant to the provisions of S^ection 5011 of the
Elections Code of the State of California, this yity Council does
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direct the City Attorney to prepare an impartial analysis of the
Proposition.
SECTION 2. txhe impartial analysis shall not exceed 500
words in length.
PASSED, APPROVED\AND ADOPTED by the City Council of the City
of Carlsbad on \ , 1986 at a Regular Meeting
thereof by the following vote, to wit:
AYES:
NOES:
ABSTAIN:
CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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§ 13
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i°Sg— ^- •> QJ< t
ORDINANCE NO. 1291
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AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD,
CALIFORNIA REQUIRING THE CITY TO CONSTRUCT
CERTAIN FACILITIES FOR RECREATION IN MACARIO
CANYON PARK DURING 1987 AND 1988.
The people of the City of Carlsbad, California do
ordain as follows:
"During the calendar years 1987 and 1988 the City of
Carlsbad, California shall (must) build in the Macario Canyon
Park, all of the following:
1. Five (5) baseball/softball fields, each with a
minimum distance from home plate to any outfield fence of three
hundred feet, and each field lighted for night use;
2. Four (4) rectangular soccer/football fields, each
with minimum measurements of two hundred feet wide and three
hundred fifty feet long, each field will be lighted for night
use;
3. One (1) community center, containing a gymnasium
large enough to house an official full sized basketball court,
plus spectator seating;
4. A tot lot, picnic area, and adequate public
facilites (restrooms, parking lots, bleachers, etc.) to service
the entire BallfieId and Sports Complex facility.
We believe the estimated cost of this project to be
approximately Three and One-Half Million Dollars ($3,500,00.00)
and feel that it is a good investment in our City's future.
Severability Clause. If any section, subsection,
sentence, clause, phrase, part of portion of this Ordinance is
for any reason held to be invalid or unconstitutional by a final
judgment of any court of competent jurisdiction, such decision
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shall not affect the validity of the remaining portions of this
Ordinance, which shall remain in full force and effect."
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 day of ,
1986, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of , 1986, by
the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
VINCENT F. BIONDO, JR., City Attorney
MARY H. CASLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk