HomeMy WebLinkAbout1998-03-03; City Council; 14578; SPECIAL MUNICIPAL ELECTION JUNE 2, 1998L.
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DEPT. I AB# 14,578 TITLE:
CITY A'
DEPT. CLK CITY Mi
RECOMMENDED ACTION:
MTG. 3/3/98 SPECIAL MUNICIPAL ELECTION
JUNE 2, 1998
Adopt Resolution No. 98-58 , calling a Special Munil
Election on June 2, 1998; Resolution No. 98-59 , reque
the Board of Supervisors to consolidate the election witk
Statewide Primary Election occurring on that date; and Resol
No- 98-60 , transferring funds to pay for election cost
If Council desires to have in Impartial Analysis prepar
Resolution No. 98-61 , should be adopted.
If Council desires to file an argument concerning the mea
Resolution No. 98-62 , should be adopted.
ITEM EXPLANATION
At the meeting of February 17, 1998, Council directed the
Clerk to return with documents to call a Special Muni
Election to place an Advisory Measure concerning the
Pavilion on the ballot for June 2, 1998. Those document:
attached and will accomplish the following:
Resolution No. 98-58 , calls and gives notice of the Sp
Municipal Election to be held in the City on June 2, 1998.
Resolution No. 98-59 , requests the Board of Superviso
consolidate Carlsbad's Special Municipal Election with
Statewide Primary Election being held on June 2, 1998.
Resolution No. 98-60 , transfers funds from the
Council's contingency account to the City Clerk's ele
account to cover the costs of the election.
Section 9280 of the California Elections Code provides tha
legislative body may direct the City Attorney to prepar
Impartial Analysis (not to exceed 500 words) showing the e
of a measure on the existing law and the operation of
measure. If Council wants the City Attorney to prepar
Impartial Analysis, Resolution No. 98-61 should be ado
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Page 2 of AB # 14,578
Section 9282 of the California Elections Code provides tha.
legislative body may file a written argument concerning a
measure. The names of the designated members will appear o
argument when printed in the sample ballot. If Council desir
file an argument concerning the measure, Resolution
members are authorized to file the argument.
Section 9286 of the California Elections Code provides tha
City Elections Official shall the determine the filing date
arguments. Therefore, the City Clerk has set March 23, 199
the deadline for filing primary arguments (300 word limit)
April 2, 1998, as the deadline for filing rebuttal arguments
word limit), regarding the measure.
March 13, 1998, as been set as the deadline for filinc
Impartial Analysis.
FISCAL IMPACT:
The Registrar of Voters Office has estimated the cost of pl
the measure on the June 2, 1998, ballot will be $10,000.
in that amount must be transferred from the City Coun
contingency account to the City Clerk's election account to
those costs.
EXHIBITS
1. Resolution No. 98-58 , calling and giving notice c
Special Municipal Election to be held in the City on Ju
1998.
98-62 should be adopted, and Council should designate
2. Resolution No. 98-59 , requesting the Boarc
Supervisors to consolidate Carlsbad's Special Muni
Election with the Statewide Primary Election being he
June 2, 1998.
3. Resolution No. 98-60 , transferring funds to
election expenses.
4. Resolution No. 98-61 , directing the City Attorn
prepare an Impartial Analysis.
5. Resolution No. 98-62 , authorizing certain Cc
Members to file a written argument regarding the
Pavilion Advisory Measure.
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RESOLUTION NO. 98-58
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 ON
TUESDAY, JUNE 2, 1998, FOR THE PURPOSE OF
SUBMITTING THE SPLIT PAVILION ADVISORY
MEASURE TO THE QUALIFIED ELECTORS.
WHEREAS, under the provisions of the laws relatir
general law cities in the State of California, a Sp
Municipal Election shall be held on June 2, 1998, for the pu
of submitting the Split Pavilion Advisory Measure to the vc
and
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That pursuant to the requirements of the laws c
State of California relating to general law cities, the
called and ordered to be held in the City of Carl
California, on Tuesday, June 2, 1998, a Special Munl
Election for the purpose of submitting to the voter:
following question:
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ADVISORY VOTE ONLY
Shall the structure, the Split Pavilion, more commonly Y
known as the "Bars" be removed?
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3. That the ballots to be used at the election shE
in the form and content as required by law.
4. That the City Clerk is authorized, instructe
directed to procure and furnish any and all official ba:
notices, printed matter, and all supp'lies and equipment th;
be necessary in order to properly and lawfully conduc
election.
5. That the polls for the election shall be OF
seven o'clock a.m. of the day of the election and shall
open continuously from that time until eight o'clock p.m. (
same day when the polls shall be closed, except as provic
Section 14401 of the Elections Code of the State of Califor
6. That in all particulars not recited in
resolution, the election shall be held and conducted as pr
by law for holding municipal elections.
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7. That notice of the time and place of holdinc
election is given and the City Clerk is authorized, instr
and directed to give further or additional notice of
election, in time, form and manner as required by law.
8. That the City Clerk shall certify to the passag
adoption of this Resolution; and shall enter the same in the
of Original Resolutions.
PASSED, APPROVED AND ADOPTED at a Regular Meeting o
City Council of the City of Carlsbad on the 3rd da
March , 1998, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin and Hall
NOES: None
ABSENT: Council Member Finni
ATTEST :
ALETHA L. RAUT
City Clerk
(SEAL)
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RESOLUTION NO. 98-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE
HELD IN THE CITY OF CARLSBAD ON TUESDAY, JUNE
2, 1998, WITH THE STATEWIDE PRIMARY ELECTION TO
BE HELD ON THAT DATE PURSUANT TO SECTION 10400
OF THE ELECTIONS CODE.
WHEREAS, under the provisions of the laws relatip
general law cities in the State of California, a Sp
Municipal Election shall be held on June 2, 1998, for the pu
of submitting the Split Pavilion Advisory Measure to the vot
WHEREAS, Section 439.1 of the Administrative Code o
County of San Diego authorizes the Registrar of Voters o
County of San Diego to render specified services relating t
conduct of an election to any city which has by resol
requested the Board of Supervisors to permit the Registr
render services, subject to requirements set forth in
section; and
WHEREAS, the City of Carlsbad has called an election
held on the same day in the same territory or in territorl
is in part the same; and
WHEREAS, pursuant to Part 3 (commencing with Si
10400), Division 10 of the Elections Code, the Boa
Supervisors has authority to consolidate public district,
county or other political subdivision elections with each
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and with a statewide election to be held on the same day;
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the a
recited provisions, the Board of Supervisors of the County o
Diego is hereby requested to permit the Registrar of Vote
perform and render all services and proceedings incidenta
and connected with, the conduct of the subject election o
City of Carlsbad, with cooperation and assistance of the
Clerk of the City of Carlsbad, such services to include, bL
be limited to the following activities as are appropriate t
subject election:
1. Furnish a tabulation of the number of registered 1
in each precinct.
2. Establish voting precincts, secure locations for c'
places, secure the services of election officers fzr
precinct as required by law, and furnish a list of pr+
polling places and election officers for filing in the _I*
the City Clerk of the City of Carlsbad.
3. Prepare and furnish to the election officers '
election supplies for the conduct of the election.
4. Cause to be printed the requisite number :
ballots, official ballots, polling place slips, roster ,
sheets and other necessary forms.
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5. Furnish and address the envelopes necessary to
sample ballots to the registered voters of the City of Carl
6. Insert the sample ballots and other printed matter
envelopes for mailing an cause the same to be mailed, as req
by law.
7. Assemble the election material and supplies into k
bags and make necessary arrangements for their delivery t
various precincts.
8. Distribute absent voter ballots as required by law.
9. Receive the returns of the elgctions and supplies.
10. Sort and assemble the election material and suppli
preparation for canvassing of the returns of the election.
11. Canvass the returns of the elections, includinc
absent voters ballots.
12. Furnish a tabulation of the number of votes giv
each precinct.
13. Make all arrangements and take the necessary st€
pay the members of the precinct boards, the polling
rentals, the persons returning the ballot bags, and to pa
other costs of the election incurred as the result of sei
performed for the City of Carlsbad for the election official
amounts prescribed by the Board of Supervisors of the Cour
San Diego.
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BE IT FURTHER RESOLVED that pursuant to the requiremen
the laws of the State of California relating to Genera:
Cities within said State, the election of the qualified ele
of the City of Carlsbad was called for the purpose of submi
to the voters the Split Pavilion Advisory Measure.
BE IT FURTHER RESOLVED that the Board of Supervisors c
County of San Diego is hereby requested to consolidate
election with the other elections to be held on the same d?
the same territory, or in territory that is in part the samc
BE IT FURTHER RESOLVED that if this consolidatic
ordered, then pursuant to Section 10402 of the Elections Coc
the election shall be held in all respects as if they werc
one election; (b) only one form of ballot shall be used;
(c) the Registrar of Voters of the County of San Diego
canvass the returns of the subject election as part o
canvass of the returns of the election or elections consol
hereby.
BE IT FURTHER RESOLVED that if this consolidati
ordered, then pursuant to Section 10403 of the Elections
within the territories affected by this order of consolid
the election precincts, polling places, voting booths and F
hours shall, in every case be the same, and there shall b
one set of election officers in each of the precincts.
BE IT FURTHER RESOLVED that the County of San Diego
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be reimbursed in full for the services performed by the Regi
of Voters for the City of Carlsbad upon presentation of a
therefor.
BE IT FURTHER RESOLVED AND ORDERED that the City Cle:
the City of Carlsbad is hereby directed to deliver fort
certified copies of this Resolution to the Clerk of the Boa
Supervisors of the County of San Diego and to the Registr
Voters of the County of San Diego.
PASSED, APPROVED AND ADOPTED at a Regular Meeting o
City Council of the City of Carlsbad on the 3rd d
March , 1998, by the following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Nygaard, Kulchin and Hall
ABSENT : Council Member Finnila
ATTEST :
ALETHA L. RAUTENKdANZ, City Cldk
(SEAL)
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Exhibit 0 0
RESOLUTION NO. 98-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARZlSBAD, CALIFORNIA, TRANSFERRING FUNDS
FOR THE SPECIAL MUNICIPAL ELECTION TO BE HELD
ON JUNE 2, 1998.
WHEREAS, a Special Municipal Election is to be he
the City of Carlsbad, California, on Tuesday, June 2, 199
which there will be submitted to the qualified voter:
following measure, to wit:
ADVISORY VOTE ONLY
Shall the structure, the Split Pavilion, more commonly Y
known as the “Bars” be removed?
N
WHEREAS, the Registrar of Voters for the County c
Diego has indicated that the cost of calling such a SI
election will be approximately $10,000, and
WHEREAS, the City of Carlsbad must pay all cost
such special election; and
WHEREAS, funds are not available to cover the cc
said election in the City Clerk’s election account;
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NOW, THEREFORE, BE IT RESOLVED by the City Counci
the City of Carlsbad, California, that the amount of $10,001
hereby transferred from the City Council's contingency accou
the City Clerk's Election Account for expenses related tc
Special Municipal Election to be held on Tuesday, June 2, 19
PASSED, APPROVED AND ADOPTED at a Regular Meeting o
City Council of the City of Carlsbad on the 3rd d;
March , 1998, by the following vote, to wit:
AYES:
NOES: None
Council Members Lewis, Nygaard, Kulchin and Hall
ABSENT : Council Member Finnila
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ATTEST :
ALETHA L. RAUTENKRANZ, City Clelfk
(SEAL)
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Exhibit 0 0
RESOLUTION NO. 98-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSRAD, CALIFORNIA, DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
OF THE SPLIT PAVILION ADVISORY MEASURE.
WHEREAS, a Special Municipal Election is to be he1
the City of Carlsbad, California, on June 2, 1998, at which '
will be submitted to the qualified voters the following mea
to wit:
ADVISORY VOTE ONLY
Shall the structure, the Split Pavilion, more commonly YI
known as the "Bars" be removed?
NI
WHEREAS, the City Council desires to have an impa
analysis prepared showing the effect of the measure on exi
law and the operation of the measure;
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California, as follows:
1. Pursuant to the provisions of Section 9280 c
Elections Code of the State of California, this City Counci
direct the City Attorney to prepare an impartial analysis (
measure.
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2. That the impartial analysis shall not exceed
words in length.
3. That the City Clerk shall certify to the passagc
adoption of this Resolution; and shall enter the same in the
of Original Resolutions.
PASSED, APPROVED AND ADOPTED at a Regular Meeting o
City Council of the City of Carlsbad on the 3rd da
March , 1998, by the following vote, to wit:
AYES:
NOES : None
Council Members Lewis, Nygaard, Kulchin and Hall
ABSENT: Council Member Finnila
-- MkUL7E X. VLEWIE,
Mayor
ATTEST:
- ALETHA L. RAUTENKRANZ,
City Clerk
(SEAL)
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Exhibit
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RESOLUTION NO. 98-62 //
A RESOLUTION OF THE CITY COUNCIL OF THE CI?Y
OF CARLSBAD, CALIFORNIA, AUTHORIZING CERTqTN
OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT
REGARDING THE SPLIT PAVILION ADVISORY dL.
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WHEREAS, a Special Municipal Election/is to be he
the City of Carlsbad, California, on June 2, 998, at which
will be submitted to the voters the followi vt measure:
ADVISORY VOTE ONLY
Shall the structure, the Split commonly YI
known as the “Bars” be ,removed?
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HEREFORE, BE; \ T G RESOLVkD \\ by ,/ the City Counc
the City of Car sbad, Caii Qrnia, ollows:
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1. That the abo e Yecitations are true and correct.
That th City Council authorizes the foll 2. I
1 Council Members: Nowr\ \ \
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to file a written argument in opposition to/in favor o
measur set forth in the recitals hereof in accordance
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Article 4, Chapter 3, Division 9 of the Electio s Code o
State of California, and to change the argu ent until
including the date fixed by the City Clerk, i after whic
to the
3. That the City Clerk shall certi to the passag
adoption of this Resolution; and shall ente the same in the / d;
of Original Resolutions.
PASSED, APPROVED AND ADOPTED at/ Regular Meeting c
City Council of the City of Carlsb on the
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arguments for or against the measure may be subpitted /
Clerk.
, 1998, by the foll ing vote, to wit: ;J AYES:
NOES :
ABSENT : 1 / /
,CLAUDE A. LEWIS, , Mayor
ATTEST : 1
- ALETHA L. RAUTENKRANZ,
City Clerk
(SEAL)
/
2
ELECTIONS DNISIOh
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Polihcal Refom e-mail comments@ss Unlform Commeraal Ccde BILL JONES
Secretarp of State
State of daltfornta
March, 1998
To Whom it May Concern:
We are pleased to provide the enclosed California Ballot Pamphlet which has beel
prepared by this office to assist California registered voters in determining how
they will cast their votes on the statewide measures being presented to them in the
June 2, 1998 Primary Election. These pamphlets are being distributed to you as
required by section 9096 of the California Elections Code.
If persons require additional copies of these pamphlets they are available fi-om
county election officials or from this office.
Information regarding measures adopted by the Legislature after February 9, 1998
will be included in a supplemental ballot pamphlet that will be mailed to you undc
separate cover.
If you have any questions regarding the availability or distribution of these
pamphlets, don’t hesitate to contact this office at (916) 657-2166.
rrEnsuring the integrity of California’s election process”