HomeMy WebLinkAbout1994-08-02; City Council; 12813; Mobilehome rent control referendumn w g 2
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CLY OF CARLSBAU - AGtF BILL @& w (85 13 TITLE: DEPT. HD.
AB#* MTG. ~ MOBILE HOME RENT CONTROL REFERENDUM CITY ATTY
RECOMMENDED ACTION:
DEPT. CTX CITY MG-
Select one of the alternatives explained below, and take action corresponding with that alternative.
ITEM EXPLANATION:
A referendum petition against Ordinance No. NS-282, which establishes Mobile Home Rent Control in the City of Carlsbad, has been circulated in the City. The petition was filed with the City
Clerk, and has been examined by the Registrar of Voters according to Section 3708 of the California Elections Code, and has been certified to be sufficient.
Options available tothe city Council in accordance with provisions of the Elections Code are as follows:
Alternative No. 1
Section 4055 of the Elections Code provides that the Council may entirely repeal the ordinance against which the referendum petition
is filed.
If Council chooses this alternative, the action would be to direct
the City Attorney to prepare the appropriate documents to repeal Ordinance No. NS-282.
Alternative No, 2
In the alternative, Section 4055 of the Elections Code provides
that if the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall
submit the measure to the voters, Since a General Municipal Election has been called for November 8, 1994, Council could submit the measure to the voters at that time.
If Council selects this alternative, the action would be to adopt
Resolution No.9q-$dq , amending Resolution Nos. 94-169 and 94-
170, to include the submission of Ordinance No. NS-282 to the voters at the General Municipal Election to be held on November 8,
1994.
Council will also need to consider whether to file a written argument concerning the measure. Resolution No. q4-Aa5 has been included in the event Council desires to designate any or all of its members to file an argument.
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Arguments shall not exceed 300 words, and will be due in the City Clerk's Office no later than 5:OO p.m., on Friday, August 12, 1994. Rebuttals shall not exceed 250 words, and would then be due no later than 5:OO p.m., on Monday, August 22, 1994.
Additionally, Resolution No. ?q -azb , has been included in the event the City Council desires the City Attorney to prepare an Impartial Analysis of the measure.
The Impartial Analysis would also be due in the City Clerk's Office no later than 5:OO p.m., on Friday, August 12, 1994.
FISCAL IMPACT:
It is estimated that the addition of the measure to the ballot for the November 8, 1994 General Municipal Election would increase the elections costs by an additional $5,000. Funds are available in the City Clerk's Election Account.
EXHIBITS :
1. Resolution No. ?Y-sxq , amending Resolution Nos. 94-169 and 94-170, calling and giving notice of a General Municipal Election to include the submission of the Mobile Home Rent Control measure to the voters.
2. Resolution No. 94'-dZS , authorizing certain Council
Members to file a written argument regarding the Mobile Home Rent Control measure.
3. Resolution No. 7'?'-&!&6 , directing the City Attorney to prepare an impartial analysis of the Mobile Home Rent Control measure.
4. Copy of letter, dated July 13, 1994, from the Registrar of Voters certifying the Mobile Home Rent Control Referendum petition,
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RESOLUTION NO. 94-224
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING RESOLUTION
NOS. 94-169 AND 94-170, CALLING AND GIVING NOTICE
OF THE HOLDING OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON TUESDAY, NOVEMBER 8, 1994, TO INCLUDE THE SUBMISSION OF THE MOBILE HOME PARK RENT CONTROL ORDINANCE NO. NS-282 TO THE QUALIFIED ELECTORS.
WHEREAS, the City Council of the City of Carlsbad,
California, on June 7, 1994, adopted Ordinance No. NS-282, amending
Title 5 of the Carlsbad Municipal Code, by the addition of Chapter
5.26 to regulate Mobilehome Park Space Rent; and
WHEREAS, pursuant to Division 5, Chapter 3, Article 2, of
the California Elections Code, a petition has been filed with the
Clerk of the Legislative Body of the City of Carlsbad, signed by
more than 10% of the registered voters to repeal the ordinance, or
submit it to a vote of the voters: and
WHEREAS, the Registrar of Voters, pursuant to Section 3708
of the California Elections Code has examined the records of
registration and ascertained that the petition is signed by the
requisite number of voters, and has so certified: and
WHEREAS, the City Council has not voted in favor of the
repeal of the Ordinance; and
WHEREAS, the City Council is authorized and directed b!
statute to submit the Ordinance to the voters; and
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WHEREAS, pursuant to the requirements of the laws of the
State of California relating to General Law Cities, there has been
called and ordered to be held in the City of Carlsbad, California,
on Tuesday, November 8, 1994, a General Municipal Election for the
purpose of electing a Mayor for the term of four years, two members
of the city Council for the term of four years, a City Clerk for
the term of four years, and a City Treasurer for the term of four
years; and
WHEREAS, the City Council desires to submit this matter to
the voters at the General Municipal Election on November 8, 1994,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council, pursuant to its right and
authority, does order submitted to the voters at the General
Municipal Election, the following question:
Shall the voters of the City of Carlsbad approve the
Mobile Home Rent Control Ordinance adopted by the City
Council on June 7, 1994? No
Yes
3. That Resolution No. 94-169 is hereby amended to include
submission of the measure to the qualified voters of the City at
the General Municipal Election to be held on November 8, 1994.
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4. That Resolution No. 94-170 is hereby amended to request
the Board of Supervisors of the County of San Diego to authorize
the Registrar of Voters to include the measure in the provision of
specified services relating to the conduct of the election of the
City of Carlsbad.
5. That the City Clerk shall certify to the passage and
adoption of this resolution; and shall enter the same in the file
of Original Resolutions.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 2nd day of August,
1994, by the following vote, to wit:
AYES:
NOES: None /
Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
ABSENT: None
Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, 1 City Clerk
(SEAL)
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RESOLUTION NO. 94-225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN
OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT
REGARDING THE MOBILE HOME PARK RENT CONTROL MEASURE.
WHEREAS, a General Municipal Election is to be held in the
City of Carlsbad, California, on November 8, 1994, at which there
will be submitted to the voters the following measure:
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Shall the voters of the City of Carlsbad approve the Mobile Home Rent Control Ordinance adopted by the City
Council on June 7, 1994? No
Yes
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council authorizes the following Council
Members:
Mayor Claude Lewis
Council Member Marsaret Stanton
Council Member Ann Kulchin
Council Member Julie Nvsaard
to file a written argument in favor of the measure set forth in the
recitals hereof in accordance with Article 4, Chapter 3, Division
5 of the Elections Code of the State of California, and to change
the argument until and including the date fixed by the City Clerk,
after which no arguments for or against the measure may be
submitted to the City Clerk.
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3. That the City Clerk shall certify to the passage and
adoption of this resolution; and shall enter the same in the file
of Original Resolutions.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
2nd day of August, City Council of the City of Carlsbad on the
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard
NOES : Council Member Finnila
ABSENT: None
Mayor
ATTEST:
1 - Ad- ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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RESOLUTION NO. 94-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
OF THE MOBILE HOME PARK RENT CONTROL MEASURE.
WHEREAS, a General Municipal Election is to be held in the
City of Carlsbad, California, on November 8, 1994, at which there
will be submitted to the qualified voters the following measure, to
wit:
Shall the voters of the City of Carlsbad approve the
Mobile Home Rent Control Ordinance adopted by the City
Council on June 7, 1994?
Yes
No
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WHEREAS, the City Council desires to have an impartial
analysis prepared showing the effect of the measure on existing law
and the operation of the measure:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. Pursuant to the provisions of Section 5011 -of the
Elections Code of the State of California, this City Council does
direct the City Attorney to prepare an impartial analysis of the
measure.
2.
in length.
3.
That the impartial analysis shall not exceed 500 words
That the City Clerk shall certify to the passage and
adoption of this resolution: and shall enter the same in the file
of Original Resolutions.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 2nd day of August,
1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Finnila
NOES : Council Members Kulchin, Nygaard
ABSENT: None
Mayor
ATTEST:
ALETHA L. ‘RAUTENKRANZ, 1
City Clerk
(SEAL)
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310 546 5707 p-02
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FINDERSEN, KELEHER 8 SPQfR 0 QUG-02-19'34 15:56
ANDERSEN, KELEHER 8 SPATA L! p i Yx:;
LkbL ATTORNEYS AT LAW
TCL 0 STEVEN ANOEaSEN 1331 PAR* VlCW AVCIYUL. SUITE 10.
JAMC5 C KELCHLR ma) s+s-eeeil
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MANHATTAN BUCH. CALIFORNIA 90286 mbcnAeL cwmnTopn=w SPATI - PACSIMI Le
(310) 546-5741 ROBERT C LITTLE2OFIN
August 2, 1994
Via Faashilo and Regular Mail
Mayor Bud Lewis, and
City of Carlsbad l200 CPrlsbad Village Drive Carlsbad, CA 92009,
City Council Mambsr8
Re: Beau est. for Repeal of Eaab ;tfehome Pe Rent Con-01 or dinance
Dew Mayor Lewis and City Council Members;
On behalf of South Shores Development Corporation, David F. Dm88 and the Dawe% Marital Trust, it is hereby reverted that the City Council of the City of Carlsbad repeal the mobilehome park rent cantrol ordinance finally parsed and adopted on June 7, 1994,
Thank you for your consideration.
Very truly yours,
ANDERSBP, RELEltfER & SPATA
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Michael Christopher Spata
MCS : IC
cct South Shores Development Corporation Mr. David F. Dawes The Dawes Marital Trust
~~~-82-1994 15: 56 0 QNDERSEN, KELEHER 8 SPQTQ 310 546 5787 P.01
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dttmJl8 At kv 2332 prrk V~W AwaauI, Suitr 102 &?&aft& Ouch, C~liforair 90266
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Date8 Byguat 2, I994 The? .sl'/y6p&
To:
IF Jrw aaUr - - - wm,
Firmi CITY OF CABf;SBAD
Fax Number: ( 619 1 7 20-9461
RE: rn Re 3 Orb inaner
FROM: -el C& istopher SBata. Esu.
Operator: Liz
Oporator'B Pelephorro Number: (310) 546-6662
Number of pager of Chis transdssion (including thie cover page):
2 7
XF TWWSMX SSIbN 18 ZlOT COllPLETg, PWk: CALL O? ERATOR.
DOCLMlBlD! (8) BEING WZAMWXTZJED :
Letter re request that the City Council of the City of Carlsbad repeal the mobilehome park rent control ordinance finally passed and adopted on June 7, 1994.
MESSAGS Tb ADDT(ES8EEs Hard CQDV beiwed to v ou todav via
puular mail
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Carlsbad City Council Meeting
Statement by Pete Garcia
8/02/94
For the record my name is Pete Garcia and my address is 5236 Shore Drive, Carlsbad, CA 92008.
Good evening Mayor Lewis and Members of the council.
As a local resident representing the three mobilehome park businesses in Carlsbad; Lakeshore
Gardens, Lanakai and Rancho Carlsbad, I will be making the following four points on Whv we
believe the council should rescind the costlv new rent control bureaucracv which you voted to
establish on June 7 of this year.
1. The already strained city treasury would better serve the needs of all residents If the 75 to 100
thousand dollars which have already been spent on appraisals, surveys, hearings and staff time
Were spent on police. Fire and other much needed citv services.
2. Working with you and your staff We nevotiated a very positive solution-The Carlsbad Accord. .
During the recent primary election, groups from outside the city convinced some of you to
disregard the Accord and pass an anti-business rent control measure. We believe that was not in
the best interest of our citv and would urge YOU to ioin us in finishing. the volunteer rent control
accord.
3. At this time of shrinking financial resources there is one thing our citv does not need - a new
bureaucracv, which will only benefit a small number of people who do not quali@ for public
assistance of any kind.
4. The city will likely spend excessive amounts of taxpayer hnds on legal defense. Three of the
affected businesses, including the highly respected Wells Fargo Bank, have filed lawsuits against
the city. All three wanted to avoid those actions, yet they were forced to do so when the unneeded
ordinance was passed. Our pleas went unheeded and were treated as threats, which they were not.
Thank you very much for your time. Good evening.
- at’d F L’- 3 0 w v e
i.
ANDERSEN, KELEHER 8 SPATA
ATTORNEYS AT LAW
1332 PARK VIEW AVENUE, SUITE 102 TELEPHONE
(3101 546-6662
G STEVEN ANDERSEN
JAMES F KELEHER
MICHAEL CHRISTOPHER SPATA
ROBERT C LITTLEJOHN
MANHATTAN BEACH. CALIFORNIA 90266
FACSIMILE
(3101 546-5707 PC L;/ v/ b/ 9 L/
August 2, 1994
Via Facsimile and Regular Mail
Mayor Bud Lewis and
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, CA 92009
City Council Members
Re: Reauest for Repeal of Mobilehome Park Rent Control Ordinance
Dear Mayor Lewis and City Council Members:
On behalf of South Shores Development Corporation, David F. Dawes and the Dawes Marital Trust, it is hereby requested that the City Council of the City of Carlsbad repeal the mobilehome park
rent control ordinance finally passed and adopted on June 7, 1994.
Thank you for your consideration.
Very truly yours,
ANDERSEN, KELEHER & SPATA
..A -- __ -$<\;., c \\+k-
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Michael Christopher Spata
MCS : IC
cc: South Shores Development Corporation
Mr. David F. Dawes The Dawes Marital Trust
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OFFICE: (619) 5655800
(619) 694-3400
TDD: (619) 694-3441
FAX: Lacation Code: (619) 694-2955 S50
aollntg rtf $rtn piep CONNY B. M'CORMACK REGISTRAR OF VOTERS
MIKEL HAAS REGISTRAR OF VOTERS
ASSISTANT REGISTRAR 5201 RUFFIN ROAD, SUITE I, SAN DIEGO, CALIFORNIA 92123-1693 Mail Stop: 034
July 13 1994
Aletha L Rautenkranz
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1989
Re: Mobilehome Rent Control Referendum - City of Carlsbad
Dear Ms Rautenkranz:
Enclosed is the above named petition and the certification determining tha there are 38,917 registered voters residing within the City of Carlsbad.
A 500 random sampling was conducted and the statistical sampling shows tha
the valid signatures fell above the 110% of the number of signatures neede to qualify the petition. Therefore the petition has been found sufficient (Elections Code Sections 4054, 3707, & 3708)
Results of the verification process are as follows:
Date petition was received in this office July 7, 1994
Number of sections submitted 1,341 Number of signatures submitted 6,051 Number of signatures verified 500
Number of signatures found sufficient 415
Number of signatures found not sufficient,
including - duplicates 85
Number of registered voters in subject territory 38,917 Number of signatures required (10% of 38,917) 3.892
If you have any questions, please call Caesar Bolchini at 694-3409.
Sincerely,
CONNY B. McCORMACK
Registrar of Voters
&W&P -
CAESAR C. BOLCNINI
VOTER SERVICES
(I (&J . -__ --_ __ - 'B
August 15, 1994
TO: CITY COUNCIL
FROM: City Clerk
DESIGNATION FOR THE MOBILEHOME RENT CONTROL PROPOSITION
I just received a phone call from the Registrar of Voter's Office and they have informed me
that Carlsbad's Mobilehome Rent Control measure will be designated as Proposition F on
the November ballot.
If you have any questions, please let me know.
kdb Lee Rautenkranz 7 City Clerk
lr
c: City Manager
City Attorney
July 21, 1994
Mr. Pete Garcia
5236 Shore Drive
Carlsbad, CA 92008
RE:
Dear Mr. Garcia:
I tried, unsuccessfully, to reach you by telephone today. I wanted to let you know that the
Registrar of Voters has completed the signature verification process on the Mobile Home
Rent Control Referendum petition, and it was found to be sufficient.
I am preparing an agenda bill and documents to place the matter on the agenda for the
City Council's consideration at their meeting on August 2, 1994.
If you have any questions regarding the matter, please don't hesitate to contact me.
Sincerely,
MOBILE HOME RENT CONTROL REFERENDUM
/a Lee Rautenkranz %
City Clerk
lr
6 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
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OkFiCE. (6191 5&5& (61 9) ai4-M TOD' ($19)8943e FAX: @lB)8@&2$! Locsuon caels: S Mail sap: a
CONNY RCOISTW B. MkCOW6K WWTW audg of $5nn
MKEt Hwas REGISTRAR OF VOTERS ASSISTANT REQ.BISTW 5261 RUFFIN RQAQ SUITE I, %ad DIEGO, CALiFORNiAW%Z$-tW
JUPY 13 1994
Aletba In Rautenkraaz city of Carlsbad 1200 Carlsbad Village Drive Carbsbad, CA 92008-1989
Re:
Dear Ms Rauteai)erana:
~ncio~ed is the a~ve named petition ana the certification determining a these are 38,917 regislteredi voters residing within the City of Carlsbad.
A 500 randam sampling was conducted and ths statistical sampling showe th the valid signatures fell above the 110% of the number sf signatures need1 to qualify the petition. Therefore the petitican bras beam found Piaufficies (Elections Code Sectfans 4054, 3507, Or 3788)
Results of %=he verification process are as ~O~~QWS:
Nobllahame Rant Control Re€ersndum - City of Carlebarjl
Date petition was received in this office July 7, 1994
Number ai sections submitted _H._a43. Number of signatures submitted ._b.ps1. Number of siqnaturasd verified -2QL
Number of signatures frsund sufficient
including - duplicates (bs
* Number of signatures found last eufficie&t,
~wbea: of reyister& voters in subject territory 38,917 Number sf signatures required (90% of 38,913) -LL&L
If you have any questions, please call Caesar Bolchini at 694-3409,
Sincerely,
CONNY B. HcCQLPMZhtX Registrar of Voters
7 [&&A#& c d 7*.k&zL
CAESAR C. BOECNINP VOTER SERVICES
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' ~OFvoTERs B. YcCORNACK Mauntg n @iep -=: ~619156s6800 1619) 570-1061
(819) 634-3441
(61 9) 694-2956 D E. GONZALES Location cod.: S50
7-00: REGISTRAR OF VOTERS FAX.
rnMREGtSTw SO1 RUFAN ROAD, SWTE I, SAN DIMO, CALIFORNIA 92123-1693 Mail Stop: 034
I, CONNY B. McCORMACX, Registrar of Voters of the
County of San Diego, State of California, hereby
certify that the petition entitled, && Rib* qyu a f&U&d&-, & 7yk
by -&dl ', n m" L vt Pdrn4J
was'filed with this office on 7-7- 74
This petitior? consists of approx
sections (pages) containing approximately &a/ 9 signatures.
CONXY B. McCORMACK
Registrar of Voters
BY yL
b.
?
--
July 7, 1994
Mr. Caesar Bolchini Registrar of Voters County of San Diego
4201 Ruffin Road San Diego, CA 92123
RE: MOBILEHOME RENT CONTROL REFERENDUM - CITY OF CARLSBAD
Per our previous discussion, I am turning over the referendum petition which was circulated in the City of Carlsbad concerning our Mobilehome Rent Control Ordinance. The petition was filed in my office on July 6, 1994.
As we have discussed, we wouid like to be able to include this on the November ballot if the petition qualifies. From my prima facie review of the petition, it appears that there are a total of 6,139 signatures.
Consistent with my policy on petitions, I would request that you use the random sampling technique to verify signatures and if the resulting number of valid signatures falls within 95 to 110 percent, then please examine and verify each signature on the pet it ion.
In addition, I would like to have the circulators verified to ensure that they are registered voters in the City of Carlsbad. If the results of that verification show that a circulator is not a registered voter in Carlsbad, please flag those petitions (or provide me with a list of their names and addresses).
I also realize you have several petitions being checked at this time, and hate to add to your burden, but need the results just as soon as possible. Our City Council meets every Tuesday night, and the last meeting before the August 12th deadline is Tuesday, August 9th. In order to give me time to prepare my documents and to get them on the agenda for that Council meeting, I would need the results no later than Tuesday, August 2nd.
The number of valid signatures required is 3,892.
@ 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 (61 9) 434-2808
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I hope I've addressed all your questions. If I've overlooked something, or if you have additional questions, please call me.
I once again thank you for all your help and assistance.
ALETHA -2- L. RAUTENKRANZ, CMC
City Clerk
ALR
Enc: 3 separate boxes of petitions
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1.
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
2.
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
3.
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
4.
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
5.
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
6.
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
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DECLARATION OF CIRCULATOR
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Referendum Against an Ordinance Passed by The City Council
ORDINANCE NO. NS-282
ORDINANCE NO. NS-282
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
AMENDING TITLE 5 OF THE CARLSBAD MUNICIPAL CODE, BY ADDING CHAPTER
5.26 TO REGULATE MOBILEHOME PARK SPACE RENT.
WHEREAS, the City has received petitions and requests for mobilehome rent control
legislation; and
WHEREAS, the City Council has held a number of special meetings at the City's
mobilehome parks and received evidence and heard arguments both pro and con as to the wisdom and
desirability of mobilehome rent control legislation; and
WHEREAS, the City Council held a special meeting at the Lanikai Lane Mobilehome Park
on July 19, 1993 in order to carefully consider the relative positions of the park owner and the
homeowner; and
WHEREAS, the City Council held special meetings at the Rancho Carlsbad Mobilehome
Park on August 4, 1993 and at the Lakeshore Gardens Mobilehome Park on August 16, 1993 in order
to further study the issue and receive evidence, testimony and arguments; and
WHEREAS, the City Council held a special meeting in the City Council Chambers on
Friday, October 1, 1993 and heard testimony from mobilehome park tenants and owners and other
interested parties, on the necessity and desirability of mobilehome rent control legislation; and
WHEREAS, the City Council held a regular meeting in the City Council Chambers on
Tuesday, May 3, 1994 and Tuesday, May 17, 1994 and heard testimony from mobilehome park
tenants and owners and other interested parties, on the necessity and desirability of mobilehome rent
control legislation; and
WHEREAS, mobilehome ownership has historically been an economically more
accessible form of home ownership, particularly to individuals on fixed incomes, and offers substantial
benefits to the community in the form of moderate cost housing; and
WHEREAS, there is a shortage of mobilehome park spaces in the City of Carlsbad
resulting in a low space vacancy rate; and
WHEREAS, it is difficult to find sites for relocation of mobilehomes due to the shortage
of spaces, restrictions on the age, size and style of mobilehomes enforced by many parks, and other
requirements relating to reinstallation of mobilehomes; and
WHEREAS, the cost for moving a mobilehome is substantial, with a significant risk of
damage; and
WHEREAS, these market conditions have contributed to, or threaten to contribute to,
escalating rental rates; and
WHEREAS, a market of mobilehome park tenants has been created producing an
inequitable imbalance in the bargaining position of the park owner and the tenants; and
WHEREAS, mobilehome park tenants have placed a substantial investment in their
mobilehomes and appurtenances; and
WHEREAS, above-market space rents and the threat of escalating rents diminishes the
value of the tenants' investments in their mobilehomes; and
WHEREAS, state law permits mobilehome park owners to require tenants to improve
their homes and such improvements accrue to the benefit of the park owner by increasing the market
value of the park itself; and
WHEREAS, the City Council wishes to remedy this inequitable situation and protect the
rights of tenants in mobilehome parks by regulating the amount of space rent which can be charged
by mobilehome park owners in a manner which is fair and equitable to both tenants and owners; and
WHEREAS, the City Council finds that the adoption of this ordinance would not have
a significant, substantial or adverse effect on the environment; and
WHEREAS, after reviewing and considering the evidence and testimony presented, the
City Council finds and declares that it is necessary, and in the public interest, to protect mobilehome
owners from unreasonable space rent increases and/or assessments, and at the same time, to permit
mobilehome park owners to obtain a fair and reasonable return.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECT!ON 1: The$ Title 5 sf the Carlsbad Municigol Code! is hereby amended to add
Chapter 5.26 to read as follows:
"CHAPTER 5.26
Section 5.26.01 0 Title
Section 5.26.020 Purpose and intent
Section 5.26.030 Definitions
Section 5.26.040 Applicability
Section 5.26.050 Petition for exclusion
Section 5.26.060 Registration
Section 5.26.070 Base rent
Section 5.26.080 Annual adjustments to base rent
Section 5.26.090 Appeal of base rent
Section 5.26.100 Allowable pass-throughs
1
0 0
Referendum Against an Ordinance Passed by The City Council
ORDINANCE NO. NS-282
Section 5.26.1 10 Duty to maintain
Section 5.26.120 Capital expenditures
Section 5.26.1 30 Sale or transfer of mobilehomes Section 5.26.140 Notification to prospective
homeowner
Section 5.26.150 Base rent upon expiration of exempt
lease under Civil Code section 798.1 7
Section 5.26.160 Retaliation
Section 5.26.1 70 Administrative guidelines.
5.26.010 Title.
This chapter shall be known as the "Mobilehome Park Rent Control Ordinance."
5.26.020 Puroose and Intent.
The purpose and intent of this chapter is to protect the rights of homeowner in
mobilehome parks by regulating the amount of rent which can be charged by mobilehome park owners
in a manner which is fair and equitable to both homeowner and owners.
5.26.030 Definitions.
The following definitions apply for purposes of this chapter:
(a) "Consumer Price Index" -the San Diego County Consumer Price Index (All Items - Urban Consumers, 1984 = 100).
(b) "Mobilehome" - a mobilehome is a structure as defined in California Civil Code
section 798.3.
(c) "Mobilehome park" or "park" - an area of land where two or more mobilehome
sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
(dl "Mobilehome park space" or "space" - a site within a mobilehome park which can accommodate the location, maintenance and human habitation of a mobilehome.
(e) "Mobilehome park owner" or "park owner" - the owner of a mobilehome park
or an agent or representative authorized to act on behalf of the owner in connection with matters
relating to tenancy of a mobilehome park space.
"New construction' - any newly constructed spaces initially held out for rent
after January 1, 1990.
"Space Rent" - total consideration authorized by this chapter to be received by
a park owner for occupancy of a space and services and amenities of a park.
"Homeowner" - is a person who has a tenancy in a mobilehome park under a
rental agreement as those terms are defined in Civil Code sections 798.8 and 798.1 2.
(f 1
(g)
(h)
5.26.040 ADDlicability.
The provisions of this chapter shall apply to all mobilehome parks within the City of
Carlsbad and to each mobilehome park space within such parks except as provided in this chapter,
except new construction and spaces expressly exempted from this chapter by Civil Code section
798.1 7, or other express provisions of state or federal law. Spaces exempted by Civil Code section
798.1 7 shall automatically become subject to all provisions of the chapter upon expiration or
termination of the written lease agreement.
5.26.050 Petition for Exclusion.
(a) A mobilehome park may be excluded from the provisions of this chapter if a Petition
for Exclusion is filed with the city clerk within 60 days after the effective date of this ordinance.
(b) The Petition for Exclusion shall contain signatures of a majority of the homeowners
in the park, with each space entitled to one signature counting toward the majority. Spaces exempted
under Civil Code section 798.17 shall be counted for purposes of determining a majority, and
homeowners residing in those spaces shall be entitled to sign the petition, notwithstanding the
exemption from the other requirements of this chapter stated in section 5.26.040. The petition shall
also contain statements for exclusion from the provisions of this chapter, such as a written agreement
between the homeowners and the park owner which satisfies the purpose and intent of this chapter.
(c). The clerk shall verify the signatures a e mobilehome park will be excluded from
the provisions of this chapter, with the exception of th ion requirements contained in
sections 5.26.0601a) and (b).
(dl If there are changed circumstances after a park has been included or excluded the *
homeowners may petition for exclusion or inclusion between January 1 and March 1 of each year
provided a petition meeting the requirements of subdivision (b) is filed with the city clerk, and provided
further that the petition shall contain statements for exclusion or inclusion within the provisions of this
chapter. The City Council may approve, deny or condition the petition so that inclusion of the park
is consistent with the purpose and intent of this chapter.
5.26.060 Reaistration.
(a) Initial Registration. Within 60 days after the effective date of this chapter, all
(b) Registration shall include:
mobilehome park owners shall register the park in the manner required by this section.
2
0 0
Referendum Against an Ordinance Passed by The City Council
ORDINANCE NO. NS-282
1) the name, business address and telephone number of the mobilehome park
2) the name, business address and telephone number of all other persons or
3) the total number of spaces in the park and the number of such spaces which
4) a list of the rent charged for each space, including spaces which are exempt
5) a list of all other charges, with a description of the amount and purpose of
6) any other information deemed necessary by City Council resolution for the
7) a list of all services and amenities provided to park homeowners.
owner and the address to which official notices shall be sent if different from the business address;
legal entities possessing an ownership interest in the park and the nature of such interest;
are occupied;
pursuant to section 8.25.040;
each charge, including expiration dates if applicable; and
implementation and enforcement of this chapter.
(c) Annuai Registration. Each mobilehome park owner shall update the registration
information by April 1 of each year.
Id) Registration Fee. The mobilehome park owner shall pay a registration fee to fully
cover the administrative costs for the implementation and enforcement of this chapter. The
registration fee shall be established by resolution and adjusted annually on July 1 of every year. The
fee shall be paid by the end of each month thereafter. Registration fees not paid by the 10th day of
the month following their due date shall be delinquent and subject to penalties and interest according
to Chapter 3.1 2 of this code.
(e) Pass-through of Registration Fees. Registration fees shall be equally paid by the
park owner and homeowners and the park owner shall be entitled to pass-through the amounts to be
paid by the homeowners on a monthly basis, but excluding interest and penalties.
5.26.070 Base Rent.
(a) The base rent for each mobilehome park space subject to this chapter shall be
established by resolution of rhe Ci Council. The Ci Council shall make the determination after a
review of a fair market ten: -:udy applicable to the space, and any other relevant information. The
base rent shall represent the fair market value of the right to occupy the space and use the amenities
and services of the park. There shall be a rebuttable presumption that the base rent established by the
City Council is the fair market rental value of the space. There shall also be a rebuttable presumption
that the base rent represents a fair and reasonable return to the park owner.
(b) The mobilehome park owner shall not demand or accept space rent for a
mobilehome park space in excess of the base rent.
. 5.26.080 Annual Adiustments to Base Rent.
(a) The base rent shall be adjusted annually to 75 percent of the yearly increase in the
Consumer Price Index, (1 984 = 1 OO), except that the annual increase shall be a minimum of zero (0)
percent and a maximum of eight (8) percent.
Such increase shall be effective only if none of the following events have
occurred:
(1 ) the mobilehome park owner is in violation of any provision of this chapter,
including but not limited to, payment of fees;
(2). conditions exist within the mobilehome park which violate provisions of
local, state or federal law relating to the health, safety and welfare of the residents, for which the
enforcing agency has issued a notice of correction or similar notice, and such violation has not been
corrected. Such violations must be of a substantial nature, affecting the use and enjoyment of the
space tenancy, as determined by the building official.
(b) The date of the annual adjustment shall be on July 1 of each year.
(cl There shall be a rebuttable presumption that the adjusted base rent represents a
fair and reasonable return to the park owner.
5.26.090 ADDeal of mace rent.
(a) Upon the payment of the appropriate application fees and deposits, and within 60
days after notice of an annual adjustment to base rent, a mobilehome park owner may appeal the
space rent estabiished by this-ckptei- if the park owner coi&w&si %?gym spsucg ?e% does not
represent a fair and reasonable return.
(b) The appeal shall be heard by a hearing officer appointed by the City Manager. The
filing fees and costs associated with filing an appeal shall be initially borne by the party requesting the
appeal. The costs shall ultimately be awarded to the prevailing party and paid through adjustments
through an increase or decrease in ths space rent as appropriate. Filing fees and costs may be
awarded, apponioned or denied in the discretion of the hearing officer.
(c) The appeal shall be heard within forty-five (45) days after a complete application
is accepted by the City Manager by a park owner and served on the homeowners of each affected
space. A proof of service shall be included with the application. The hearing officer shall select a
hearing date and notice the parties in writing at least fifteen (1 5) days prior to the hearing.
(dl At the request of the park owner or the homeowners, or on the hearing officer's
own motion, the hearing officer may issue subpenas in accordance with the provisions of Code of Civil
Procedure section 1985 et seq. Service of process shall be subject to the provisions of Title 3, Part
3
applicable space rent under this
owner is executed. Proof of
the City.
5.26.1 50 Base
When a lease wh
shall automatically apply to said
any pass-throughs prohibited by
chapter prior to the time an agreement to pay space rent to the park
noti’:ication shall be maintained at the park and subject to inspection by
rent won exDiration of exempt lease under Civil Code section 798.17
ch is exempt under Civil Code section 798.17 expires this chapter
s2ace and the space rent for purposes of this chapter shall not include
,this chapter.
4
0 a
Referendum Against an Ordinance Passed by The City Council
ORDINANCE NO. NS-282
5.26.1 60 Retaliation
It shall be unlawful for any person to retaliate against a homeowner for exercising any
rights provided by this chapter, or registering a complaint relating to enforcement of its provisions.
5.26.170 Administrative auidelines.
The City Manager is authorized to adopt such administrative guidelines as are necessary
to fully implement the purposes and intent of this chapter.”
SECTION 2: If this ordinance is declared invalid or unenforceable for any reason, then
Ordinance No. NS-263 shall become enforceable and in full force and effect in place of this ordinance.
Until that time, Ordinance No. NS-263 shall not be effective for any other purpose.
SECTION 3: If any section, subsection, sentence, clau: d phrase, part or portion of this
ordinance is for any reason held to be invalid or unconstitutional by any :OUR of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this ordinance. The City Council
declares that it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and
the Ci Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
5
July 6, 1994
TO: RAY PATCHETI', CJIY
FROM: City Clerk
MOBILEHOME RENT CONTROL
I just wanted to let you know that
filed in my office today. That means
1994.
I will be taking the petition to the
signature verification process.
If you have any questions, please
d%u* City Clerk
lr
c: City Council
City Attorney
Community Development
Planning Director
0
MANAGER
REFERENDUM
the mobilehome rent control referendum petition was
the ordinance will not become effective on July 8,
Registrar of Voters tomorrow so they may begin the
:.et me know.
Director
1200 Carlsbad Village Drive Carlsbad, California 92008-1 989 - (61 9) 434-2808
A. CALDERONE
on Jose Dr.
July 5, 1994
Carlsbad, CA 92008
Dear Mayor & Council:
I have been asked to
different locations.
they were lead to believe.
signed.
I
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July 1, 1994
Car lsbad Mayo
City Manager
City Clerk
I would like of my experiences with solicitors
who collected r the referendum to repeal the Mobile Home 0 ecently approved.
Vons on Alga- o spoke very poor English said:
"If you sign er parks will. get rent control" I ask if he w d voter, he said he did not have the referendum meant, but
Vons on Alga- ld me the following:" If you do not sign the le Home Owners won't have to pay taxes and City millions to take care of the old peopl She was not a resident; of Car lsbad .
Vons on 78- A woman ask to sign the petition and I quote:
"If we do not Control thing, none of us could afford ad any longer and the City
Most of the ran into were not residents of he petitions were signed at the botto soliciting for the
signatures L itted they were doins it
for the mone re less what they were
soliciting.
Very truly yours,
Edith B. Powel
5373 Don Miguel Dr. Carlsbad, Calif. 92008
* e
Mayor Bud Lewis and Council
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Dear Mayor and Council,
Mobilhome Park Space Rent, yco, hired by park owners unleashed an undesirable element in Car ad. Many young, rude, unprofessional paid signature takers took the city streets with petitions to
place a referendum on the ember ballot.
position, exercising my ri s of the first amendment, I became a victim of verbal abuse. "B h" was the jargon used. I can assure the
council, this woman of six five years young, conducted herself in a
ladylike manner by applyin principle taught by elders. Be kind to unkind people they need it
On my assigned route hopping center to shopping center, I
In an effort to overt the City Ordinance for Regulation of
Made vulnerable by ac ting the challenge of an opposing
listened to half truths, u s, down right Pies and vicious slurs. Who fed them this garbage? nessed unorthodox methods of petition presentation and encount tioners whose credentials did not meet state election laws t refer to the silent "so called witness" who sat nearby an e presence was used to circumvent the ruling that petitioner 11" be residents.
An article dated June 994 in the Blade Citizen peaked my ire. County registrar of fficials allowed themselves to go on record tolerating such ac
"Fence sitting" is n he public interest. Justice and fair
play will only be served rong regulatory board who enforces
its rules. Who if not SUC rd will protect us from fraud.
signatures obtained by pe rs who did not meet state regulations should be deemed invalid.
Sincerely,
Perhaps the law does ggest penalties but certainly
L?4bvd;Rk-
Ann Liddell
Copy: City Manager, Ray City Clerk, Lee Ra RCMOA Board of Dir
1700 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808 {
0 0
ALBERT AND JOAN KESSLER
5320 DON RICARDO DRIVE
CARLSBAD, CALIFORNIA 90028
June 29, 1994
Lee Rautenkranz
City Clerk
1230 Carlsbad Village Drive
Carlsbad, California 92008
What is happening to Carlsbad? We are being
incessantly accosted by people with clip boards everywhere
we go within the city limits. When we ask why we should
sign their petitions they become abusive and threaten us
with bodily harm. This treatment has become so pervasive
we have now changed our schedules and will only shop and
bank at places outside the city of Carlsbad.
How long will this abusive treatment be permitted to
continue?
the postoffice and our bank. This has driven us out of our
own city, Their abusive behavior is difficult for senior
citizens handle.
We have encountered these people at supermarkets,
Please look into this harassment and give us some
protection from it.
Thank you,
LKg2w&
;?jLG& <.”/ Albert Kessler
J n Kessler
0 e
6-29-94
R.C.M.O. A.
Mw. PRESIDENT:
I BOUGHT hW HOME FROM RANCHO CL4R.LSB,4D, WUHUUT A
'i;vITH VOTING PRIVILEGES, UNLESS L JOIN G.S.M.O.L. WQXlCH IS
NOT CO"EC?ITED WI?X RANCHO CARLSBAD PARK.
TODAY I ';t7AS STOFPED BY TWO MEN AT VOWS IN LA COSTA,
THEY A7FOREVfED ME THAT ?'€€E\' WERE ICEPRESENTING MOBU
THE PETITHOK.
I HAVE A LONG TERM LEASE AND SEE X0 €EL? FOR h&E TO WNTE
LETTERS. IN OTHEIP WORDS HELPING R.C.M.O.A. APPARENTLY IS
NOT IN IW- BEST DJTEREST.
STNCERELY,
COPY OF R.C.M.O.A. BY-LAWS . I F"Zl THAT X CAW'T BELQXG
PARK. HOk,E OWNERS Ah'Il, RESIDENTS AND WOULD I PLEASE SIGN
ARTMUR 3;. WCmR
3464 DON mmo Dm3
CARLSBAD, CA. 92008
c.c
MAYOR Am COUNCE
CITY MdXAGER
CrrY CLEN
RCMOA BOARD OF DIRECTORS
KATHY GE?.FFM ACTINGMGR.
47 Don Mata Dr. Carlsbad, Ca. 92008-3930
June 30, 1994
e
Mayor Bud Lewis 1200 Carlsbad Village Dr. Carlsbad, Ca. 92008
On June 23, 1994, at 3 PM, Mr. David Duggins and I, Raymond
A Beierle, were making rounds of sites, used by signature gathers
who were in oposition to Mobile Home Rent Control. We arrived at Albertson Store on Carlsbad Village Drive, where there were two
young men gathering signatures and another man who appeared to be their supervison.
I approached them, and advised the people they were soliciting,
to sign their petition, to read the flyer I had first before signing.
I advised the prospective signer that they had two weeks in which
to get their name on the petition, if after reading my flyer they still wanted to sign the petition. At this point the young man who seemed to be the manager got in my face and told me I had no right to be there and had to be 15 feet from his petition gathers and if I didn‘t get away, they would call the police. I told them
fine. we could use the publicity. Then they backed off. I pre- tended to call my attorney and went back and faced them again , saying the 15 feet ruling only applied to polling. The supervisor said his people were only trying to make a living, and I told him I was only trying to keep my home. I said 5 years ago when I moved in I was paying $613.00 and I am currently at $818.00 and there is no end in sight. They then advised people coming up to sign their petition that the Rent Control, given the mobile home tennants, was
not given with a fair public hearing, and should be put to a public
vote. I challenged them on this and they decided to go to a new
location to collect signatures, as long as I was staying there.
Mr Duggins who was with me was very concerned that these young men might physically attack me as they were so agressive.
and a pettion gather approached me, to sign her pettion, to put Rent Control on the ballot. She advised me that the Rent Control
was not properly given, and it would be a big tax saving if the
people of Carlsbad, voted it down. I told her she was telling an
out and out lie and would call the police to have her picked up
for collectingsignatures with false information. She left in a ’
hurry, and I haven’t seen her since.
CC: City Manager
On June 24 I was at the Vons Store at Alga and El Camino Real,
City Clerk RCMOA Board \ S in c e rJ y-
-/, David 2 ,-.<fi 2 ,) ’ y*&’ R. p(,;, (: Duggl</ A:+L” /j 45 </# G>L&dA Amond A. Beierle
Witness/ Resident R/C Resident R/C
0 e
5101 DON MATA DRIVE
RANCHO CARLSBAD CARLSBAD, CALIFORNIA 92008
July 1, 1994
Mr. Bud Lsuis
Nayor of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
Dear Mayor Lewis:
Mr, GenslEr has suggeste5 that we inform you about
misrepresentation in the solicitation of signatures for the
mobilehome rent-control rEferEndum.
As I was about to enter the C,rlsbad public library Pionday afternoon, June 27, a young man who was collecting
signatures asked me to sign the initiative for the open primary. After I had done so, he inquired as to whether I was registered to vote in Carlsbad, and when I said yes, he turned over his
clipboard and revealed the Carlsbad rent-control initiative.
He gave a pep talk to induce me to sign, which included the term "subsidy". When I asked what subsidy he was talking about,
he said that administration of the ordinance would be paid for
by the mobilehorns residents, park ounErs9 and the city qovernment.
f had heard this argument before - and argued against it - but
he was so sure of himself, that I called the Carlsbad community
development office when I got home to ask about it. I was told that, except for legal implications (in the event of being sued), the city government pays nothing for administering the ordinance.
collectors is using the term !'subsidy". If use of this term
I is incorrect, I think we should take steps to correct it in the minds of voters....and possibly invalidate signatures obtained under this misapprehension.
It seems to me that whoever is instructing the signature
Respectfully yours,
U&&5&&
Charlotte Stolrnaker
PC: All Councilpersons Mr. Ray Patchett, City Manager JP?~. Lee Rautenkrenz, City Clerk RCMOA Board of Directors
-. 0 e
5uf1 e 35 lFP,Y
-
cei -/L - 0 e
5144 Don Rodolfo Dr.
Carlsbad, CA 92008
June 30, 1994
To Whom It May Concern:
I am a resident of Rancho Carlsbad Mobile Home Park. I have a long term (10 year) lease, therefore the recently
adopted Mobile Home Park Rent Control ordinance does not
affect me, but I must tell you what I observed and heard
being said by the persons trying to obtain signatures on a
petition to put said ordinance on the ballot in November.
Following is a sampling of the statements I either
overheard or were made directly to me by these signature L.
gatherers: "This ordinance was rushed through Council" .....
Council was paid off to pass this ordinance"....."Council it
only passed this ordinancebecause they were looking for
votes "......"This ordinance will cost the taxpayers of .
Carlsbad one million dollars per year".
erer offer to pay one dollar to a person if that person
would sign the petition. This female later confided to me
that she was gathering signatures only because she desper-
ately needed the money she was paid for each signature to
repair her car.
On more than one occasion I was approached by sig-
nature gatherers to sign the petition. When I asked for
some identification to determine whether they were resident
of Carlsbad, they refused to identify themselves.
One signature gatherer who was also registering non-
registered voters, urged a non-resident of Carlsbad to
register as a Carlsbad resident by using a relative's
address in Carlsbad, and then had her sign the petition.
needs your help now more than ever, is no match for the
financially powerful and unscrupulous park owners willing
to do anything, regardless of ethics, truth, accuracy, or
propriety to further their aim.
On one occasion I overheard a female signature gath-
It's obvious the mobile home resident/homeowner, who
Sincerely fiJ@
e 0
June 28, 1994
TO: RON BALL, CITY AlTORNEZ
FROM: City Clerk
MOBILE HOME RENT CONTROL REFERENDUM
I just wanted to let you know the calendar I am using when calculating deadlines in
conjunction with the Mobile Home Rent Control Referendum.
The Ordinance was adopted by the City Council on June 7,1994. Therefore, the ordinance
would become effective on July 8, 1994 unless a referendum petition is filed in the City
Clerk’s Office by 5:OO p.m. on July 7, 1994.
If the petition is filed, the Election’s Code requires that the signatures be verified within
30 days. Therefore, if there are sufficient valid signatures, the agenda bill certifying the
petition will be on the Council agenda for their August 9th meeting. In keeping with my
standard operating procedure, I will also have resolutions included with that agenda bill
which (if adopted by Council) would allow Council to file an argument and would direct
the City Attorney to prepare an impartial analysis.
If the Council action does occur on August 9th, then the deadline for primary arguments
and the impartial analysis would be 5:OO p.m. on Friday, August 19th. The deadline for
the rebuttal arguments would be 5:OO p.m. on Monday, August 29th.
Please let me know if you have any questions about the above information.
u & RAUTENKRANZ
City Clerk
lr
0 0
June 7, 1994
TO :
FROM: City Attorney
REFERENDUM PROCESS
Assistant to the City Manager
Attached to this memorandum, please find a slide outlining the referendum procedures in the event a referendum petition is circulated and submitted repealing the mobilehome rent control ordinance. I've also attached the wording of that slide to this
memorandum.
Should you have any questions regarding the above, please do not
hesitate to contact me. o* ,*
RONALD R. BALL City Attorney
rmh attachments
c: City Manager City Clerk community Development Director Housing and Redevelopment Director Senior Management Analyst Haas
REFERENDUMPRO 28 SS 0
The Referendum process is used by citizens who wish to
repeal a legislative action taken by the City Council. The
procedure generally is:
1. Council takes a legislative action. (Normally, the
adoption of an ordinance or resolution.)
Within 30 days of that action, if a petition (in the proper
format) is presented to the City Clerk and is signed by
not less than 10% of the registered voters, the effective
date of the ordinance is suspended and Council must
reconsider the ordinance. (Elections Code 54051).
Within 30 days of the filinp of the petition, the City
Clerk must examine the petition and verify signatures.
If sufficient, the City Clerk must certify the petition to
the City Council at the next regular meeting. (Elections
Code 53707).
At that meeting, the City Council may either repeal the
ordinance; determine to place the ordinance on the
ballot at the next regular municipal election; or call a
special election for purposes of submitting the ordinance
to the voters. The ordinance is suspended until there is
a vote. (Elections Code $4055). When it is legally
possible to hold a special election within 6 months prior
to a regular municipal election, the City Council may
submit the ordinance at a regular election instead of a
special election. (Elections Code $4020).
If the ordinance is repealed, it cannot be reconsidered
for at least one year. (Elections Code s4055).
2.
3.
4.
5.
~~ ~