HomeMy WebLinkAbout1995-12-05; City Council; 13425; Special Municipal election 3/26/96^ CrV OF CARLSBAD — AGEr~>A BILL
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TITLE:
SPECIAL MUNICIPAL ELECTION
MARCH 26, 1996
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Election on March 26, 1996; Resolution No. 9S~. 5Vg2- , requesting
the Board of Supervisors to consolidate the election with the
" ** Statewide Primary Election occuring on that date; and Resolution
No. ty5~3H3 i transferring funds to pay for election costs.
Additionally, if the City Council wants the City Attorney to
prepare an impartial analysis, Resolution No. CJ5~3^L^ should be
adopted.
Finally, Council should adopt Resolution No. °l6'3LIS if they
want to designate one or more Council Members to file an argument.
ITEM EXPLANATION
The initiative process was begun in the City of Carlsbad when some
citizens filed the Notice of Intention to circulate the Green
Valley Initiative. The petition was circulated in the City and
filed with the City Clerk on November 21, 1994, after which the
petition signatures were examined and verififed by the Registrar of
Voters.
At the City Council meeting of January 17, 1995, the Green Valley
Initiative Petition was certified as adequate having obtained more
than 10% of the required registered voters' signatures. At that
time Council requested staff to return within thirty (30) days with
a report on the impacts of the initiative, including fiscal
impacts, consistency with the General Plan and Growth Management
Plan, and legal issues.
At the City Council meeting of February 21, 1995, Council accepted
staff's report regarding the Green Valley Initiative, and deferred
action to place the matter on the ballot until the Supreme Court
issued a decision in the Devita case.
On April 4, 1995, following the Supreme Court's decision in the
Devita case, Council directed the City Clerk to prepare documents
to call a Special Municipal Election for March 26, 1996, to place
the Green Valley Initiative on the ballot. Those documents are
attached and will accomplish the following:
Resolution No. 95-341 , calls and gives notice of the Special
Municipal Election to be held in the City on March 26, 1996.
Resolution No. 95-342 requests the Board of Supervisors to
consolidate Carlsbad's Special Municipal Election with the
_ Statewide Primary Election being held on March 26, 1996.
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Page 2 of AB#
Resolution No. 95-344 , directs the City Attorney to prepare an
Impartial Analysis, not to exceed 500 words. (Section 9280 of the
California Elections Code provides that the legislative body may
direct the City Attorney to prepare an impartial analysis showing
the effect of a measure on the existing law and the operation of
the measure.) The deadline for filing the Impartial Analysis is
5:00 p.m., on Monday, January 8, 1996.
Resolution No. 95-343 , transfers $15,000 from the General Fund
contingency account to the City Clerk's election account to cover
the costs of the election.
If Council desires to write an argument concerning the measure,
they need to adopt Resolution No. 95-345 , and designate which
members are authorized to write the argument. (Section 9282 of the
California Elections Code provides that the legislative body may
file a written argument concerning ballot measures. The names of
the designated members will appear on the argument when printed in
the sample ballot.)
The deadline for filing written arguments (not to exceed 300 words)
regarding the measure will be 5:00 p.m., on Friday, December 29,
1995.
The deadline for filing rebuttal arguments (not to exceed 250
words) will be 5:00 p.m., on Monday, January 8, 1996.
FISCAL IMPACT:
In order to pay for the election, it will be necessary to transfer
$15,000 into the City Clerk's election account from the General
Fund contingency account.
EXHIBITS
1. Resolution No. ^5-^o f calling and giving notice of the
Special Municipal Election to be held in the City on March 26,
1996.
Resolution No. l"?3 ~3 <^ , requesting the Board of
Supervisors to consolidate Carlsbad's Special Municipal
Election with the Statewide Primary Election being held on
March 26, 1996.
Resolution No. ~_ , transferring funds to pay election
expenses .
Resolution No. - directing the City Attorney to
prepare an Impartial Analysis.
Resolution No. S-.J _ , authorizing certain Council
Members to file a written argument regarding the Green Valley
Initiative.
Exhibit 1
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RESOLUTION NO. 95-341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF THE SPECIAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON
TUESDAY, MARCH 26, 1996, FOR THE SUBMISSION OF
GREEN VALLEY INITIATIVE TO THE QUALIFIED
ELECTORS.
WHEREAS, under the provisions of the laws relating to
general law cities in the State of California, a Special Municipal
Election shall be held on March 26, 1996, for the purpose of
submitting the Green Valley Initiative to the voters; and
WHEREAS, pursuant to Division 9, Chapter 3, Article 1, 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 adopt the ordinance, or
submit it to a vote of the voters; and
WHEREAS, the Registrar of Voters, pursuant to Section 9211
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
Ordinance; and
WHEREAS, the City Council is authorized and directed by
statute to submit the Ordinance to the voters; and
WHEREAS, the City Council desires to submit this matter to
the voters at the Special Municipal Election on March 26, 1996.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That pursuant to the requirements of the laws of the
State of California relating to general law cities, there is called
and ordered to be held in the City of Carlsbad, California, on
Tuesday, March 26, 1996, a Special Municipal Election for the
purpose of submitting to the voters the following question:
Shall the voters of the City of Carlsbad approve the
Green Valley Balanced Use and Traffic Control
Initiative of 1994?
Yes
No
2. That the ballots to be used at the election shall be
in the form and content as required by law.
3. That the City Clerk is authorized, instructed and
directed to procure and furnish any and all official ballots,
notices, printed matter, and all supplies and equipment that may be
necessary in order to properly and lawfully conduct the election.
4. That the polls for the election shall be open at seven
o'clock a.m. of the day of the election and shall remain open
continuously from that time until eight o'clock p.m. of the same
day when the polls shall be closed, except as provided in Section
14401 of the Elections Code of the State of California.
5. That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by law for
holding municipal elections.
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6. That notice of the time and place of holding the
election is given and the City Clerk is authorized, instructed and
directed to give further or additional notice of this election, in
time, form and manner as required by law.
7. 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 5th day of December,
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
Mayor
ATTEST:
City Clerl
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
Exhibit 2
RESOLUTION NO. 95-342
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
2 CARLSBAD, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
3 CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN THE CITY OF CARLSBAD ON TUESDAY, MARCH
4 26, 1996, WITH THE STATEWIDE PRIMARY ELECTION TO
BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF
5 THE ELECTIONS CODE.
6 WHEREAS, under the provisions of the laws relating to general
7 law cities in the State of California, a Special Municipal Election
8 shall be held on March 26, 1996, for the purpose of submitting the
9 Green Valley Initiative to the voters;
10 WHEREAS, Section 439.1 of the Administrative Code of the
11 County of San Diego authorizes the Registrar of Voters of the
12 County of San Diego to render specified services relating to the
13 conduct of an election to any city which has by resolution
14 requested the Board of Supervisors to permit the Registrar to
15 render services, subject to requirements set forth in that section;
16 and
17 WHEREAS, the City of Carlsbad has called an election to be on
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18 the same day in the same territory or in territory that is in part
19 the same; and
20 WHEREAS, pursuant to Part 3 (commencing with Section 10400),
21 Division 10 of the Elections Code, the Board of Supervisors has
22 authority to consolidate public district, city, county or other
23 political subdivision elections with each other and with a
24 statewide election to be held on the same day.
25 NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above-
26 recited provisions, the Board of Supervisors of the County of San
27 Diego is hereby requested to permit the Registrar of Voters to
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connected with, the conduct of the subject election of the City of
Carlsbad, with cooperation and assistance of the City Clerk of the2
City of Carlsbad, such services to include, but not be limited to
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the following activities as are appropriate to the subject4 ^ !
election:
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1. Furnish a tabulation of the number of registered voters
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in each precinct.
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2. Establish voting precincts, secure locations for polling
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places, secure the services of election officers for each precinct
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as required by law, and furnish a list of precincts, polling places
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and election officers for filing in the Office of the City Clerk of
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the City of Carlsbad.
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3. Prepare and furnish to the election officers necessary
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election supplies for the conduct of the election.
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4. Cause to be printed the requisite number of sample
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ballots, official ballots, polling place slips, rosters, tally
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sheets and other necessary forms.
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5. Furnish and address the envelopes necessary to mail
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sample ballots to the registered voters of the City of Carlsbad.
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6. Insert the sample ballots and other printed matter into
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envelopes for mailing an cause the same to be mailed, as required
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by law.
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7. Assemble the election material and supplies into ballot23
bags and make necessary arrangements for their delivery to the24
various precincts.
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8. Distribute absent voter ballots as required by law.26
9. Receive the returns of the elections and supplies.27
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10. Sort and assemble the election material and supplies in
preparation for canvassing of the returns of the election.
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11. Canvass the returns of the elections, including the
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absent voters ballots.
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12. Furnish a tabulation of the number of votes given in each
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precinct.
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13. Make all arrangements and take the necessary steps to pay
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the members of the precinct boards, the polling place rentals, the
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persons returning the ballot bags, and to pay all other costs of
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the election incurred as the result of services performed for the
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City of Carlsbad for the election officials the amounts prescribed
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by the Board of Supervisors of the County of San Diego.
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BE IT FURTHER RESOLVED that pursuant to the requirements of
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the laws of the State of California relating to General Law Cities
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within said State, the election of the qualified electors of the
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City of Carlsbad was called for the purpose of submitting to the
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voters the Green Valley Initiative.
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BE IT FURTHER RESOLVED that the Board of Supervisors of the
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County of San Diego is hereby requested to consolidate this
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election with the other elections to be held on the same day, in
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the same territory, or in territory that is in part the same.
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BE IT FURTHER RESOLVED that if this consolidation is ordered,
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then pursuant to Section 14011 of the Elections Code (a) the
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election shall be held in all respects as if they were only one
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election; (b) only one form of ballot shall be used; and (c) the
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Registrar of Voters of the County of San Diego shall canvass the
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returns of the subject election as part of the canvass of the
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returns of the election or elections consolidated hereby.
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BE IT FURTHER RESOLVED that if this consolidation is ordered,
then pursuant to Section 10410 of the Elections Code, within the
territories affected by this order of consolidation, the election
precincts, polling places, voting booths and polling hours shall,
in every case be the same, and there shall be only one set of
election officers in each of the precincts.
BE IT FURTHER RESOLVED that the County of San Diego shall be
reimbursed in full for the services performed by the Registrar of
Voters for the City of Carlsbad upon presentation of a bill
therefor.
BE IT FURTHER RESOLVED AND ORDERED that the City Clerk of the
City of Carlsbad is hereby directed to deliver forthwith certified
copies of this Resolution to the Clerk of the Board of Supervisors
of the County of San Diego and to the Registrar of Voters of the
County of San Diego.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 5th day of
December, 1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
ATTEST:
L
Mayor
ALETHA(jifw>'RAUTE*JKRANZ,
City Clerk <--'
(SEAL)
KAREN R. KUNDTZ, Assistant City Clerk
Exhibit 3
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RESOLUTION NO. 95-343
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, TRANSFERRING FUNDS
FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD
ON MARCH 26. 1995.
WHEREAS, a Special Municipal Election is to be held in the
City of Carlsbad, California, on March 26, 1996, 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
Green Valley Balanced Use and Traffic Control
Initiative of 1994?
Yes
No
WHEREAS, the Registrar of Voters for the County of San
Diego has indicated that the cost of calling such a special
election will be approximately $15,000; and
WHEREAS, the City of Carlsbad must pay all costs for such
special election; and
WHEREAS, funds are available to cover the cost of said
election in the General Fund Contingency Account;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, that the amount of $15,000 is hereby
transferred to the City Clerk's Election Account from the General
Fund Contingency Account for expenses related to the Special
Municipal Election to be held on March 26, 1996.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of Carlsbad on the 5th day of December
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
Mayor
ATTEST:
City Clerk
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
Exhibit 4
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RESOLUTION NO. 95-344
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
OF THE GREEN VALLEY INITIATIVE.
WHEREAS, a Special Municipal Election is to be held in the
City of Carlsbad, California, on March 26, 1996, 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
Green Valley Balanced Use and Traffic Control
Initiative of 1994?
Yes
No
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 9280 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. That the impartial analysis shall not exceed 500 words
in length.
3. That the impartial analysis shall be filed in the
Office of the City Clerk by the date and time set by the City Clerk
for the filing of rebuttal arguments.
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4. 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 5th day of December
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
CLAUDE A. LEWIS,
Mayor
ATTEST:
ij/RAUTEHKRANZ,
City Clark O
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
Exhibit 5
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RESOLUTION NO. 95-345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN
OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT
REGARDING THE GREEN VALLEY INITIATIVE.
WHEREAS, a Special Municipal Election is to be held in the
City of Carlsbad, California, on March 26, 1996, at which there
will be submitted to the voters the following measure:
Shall the voters of the City of Carlsbad approve the
Green Valley Balanced Use and Traffic Control
Initiative of 1994?
Yes
No
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:
Claude Lewis
Julianne Nygaard
to file a written argument in opposition to the measure set forth
in the recitals hereof in accordance with Article 4, Chapter 3,
Division 9 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
City Council of the City of Carlsbad on the 5th day of December,
1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Finnila, Hall
NOES: None
ABSENT: Council Member Kulchin
Mayor
ATTEST:
SrfjETHA^. jRAUJTf NKRANZ,
City
KAREN R. KUNDTZ, Assistant City Clerk
(SEAL)
City of Carlsbad
Office of the City Clerk
December 1, 1995
Mrs. Indez Yoder
7738 Madrilena Way
Carlsbad, CA 92009
Dear Mrs. Yoder,
Per our telephone conversation today, I have enclosed a copy of
the agenda bill concerning the Green Valley Initiative petition
to be considered by the City Council on Tuesday night, December
5, 1995, for your information. Also enclosed is a copy
of the agenda for that meeting.
If you have any questions concerning the matter, please don't
hesitate to call me.
(vJ£ARENV
Assistant
kk
Enc. (2)
Clerk
1 2OO Carlsbad Village Drive - Carlsbad, California 92OO8-1989 - (619)434-2808