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HomeMy WebLinkAbout2002-07-09; City Council; 16812; General Municipal Election November 5, 2002CITY OF CARLSBAD - AGENDA BILL I rB # 16,8$2 TITLE: [TG. 7-9-02 )EPT. clerk NOVEMBER 5,2002 GENERAL MUNICIPAL ELECTION DEPT. HD. CITY ATTY RECOMMENDED ACTIONS: Adopt Resolution No. 2002- 195 calling and giving notice of a General Municipal Election to be held in the City of Carlsbad on November 5,2002; and Adopt Resolution No. 2002- 196 requesting the Board of Supervisors to consolidate the election with the statewide election being held that day; and Adopt Resolution No. 2002- 197adopting regulations for candidates at the election. ITEM EXPLANATION: In preparation for the General Municipal Election, it is necessary for Council to take certain actions. This agenda bill presents the first three actions required. Resolution No. 2002-195, calls and gives notice of the General Election to be held in the City on November the 5, 2002, for the purpose of electing * The nomination period for the candidates is July 15, 2002, to August 3, 2002. It an incumbent does not file, the deadline extends to August 14,2002. Resolution No. 2002-196_, requests the Board of Supervisors to consolidate our General Municipal Election with the statewide election being held the same day. Resolution No. 2002-197, adopts regulations for candidates at the General Municipal Election. These regulations are in accordance with previous elections, as follows: a. There is a 200 word limitation for Candidate Statements. b. Candidates who wish to have a Candidate Statement published in the sample ballot must agree to pay the costs, including printing, handling and mailing. Since the Voting Rights Acts requires a Spanish translation, the estimated cost includes a $75.00 charge for Spanish translation. The estimated cost per candidate for this election is $406.00. The City will bill the candidates after the election when the actual costs are known. FISCAL IMPACT: The cost of the election is estimated at $37,500.00, but variables which could change the cost are number of candidates and the number of registered voters. EXHIBITS: 1. Resolution No. 2002-195, calling and giving notice of a General Municipal Election to be held on November 5,2002. *A Mayor, City Clerk, City Treasurer and two Council Members Page 2 of 2 of AB #16,812 July 9, 2002 2. Resolution No. 2002-196, requesting the Board of Supervisors to consolidate the election with the statewide election being held that same day. 3. Resolution No. 2001-197, adopting regulations for candidates. 1 1 1: 1: 11 l! If li 1E 1E 2c 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 0 1 2 3 I - 3 5 7 5 1 RESOLUTION NO. 2002-195 A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF THE GENERAL MUNICIPAL ELECTION TO BE HELD IN TJXE CITY ON TUESDAY, NOVEMBER 5,2002, FOR THE PURPOSE OF ELECTING CERTAIN MUNICIPAL OFFICERS AS REQUIRED BY PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5,2002, for the purpose of electing certain Municipal Officers; and NOW, THEREFORE, BE IT RESOLVED by the City Coulcil of the City of Carlsbad, California, as follows: 1. That the above recitations are hue and correct. 2. 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, November 5,2002, a General Municipal E!ection for the purpose of electing a Mayor, two Council Members, a City Clerk and a City Treasurer for full terms of four years. 3. That the ballots to be used at the election shall be in the form and content as required by law. 4. 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. 5. 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’c1ockp.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. 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 11 1' 1: 1: ld 15 1E 17 10 19 20 21 22 23 24 25 26 27 28 7. 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 the time, form and manner as required by law. 8. 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 9th day of JULY ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Council Member Nygaard ATTEST: LO& M. WOOD, City Clerk 2 Page 2 of 2 of Res.olution No. 2002-195 ! I < I( 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 5 7 3 3 1 I ! I 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 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY, NOVEMBER 5,2002, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10400 OF THE ELECTIONS CODE WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 5, 2002, for the purpose of electing Municipal Officers; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city which has by resolution requested the Board of Supervisors to permit the Registrar to render services, subject to requirements set forth in that section; and WHEREAS, the City of Carlsbad has called an election to be held on the same day in the same territory or in territory that is in part the same; and WHEREAS, pursuant to Part 3 (commencing with Section 10400), Division IO of the Elections Code, the Board of Supervisors has authority to consolidate public district, city, county or other political subdivision elections with each other and with a statewide election to be held on the same day; NOW THEREFORE, BE IT RESOLVED, that pursuant to the above-recited provisions, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perfom and render all services and proceedings incidental to, and connected with, the conduct of the subject election of the City of Carlsbad, with cooperation and assistance of the City Clerk of the City of Carlsbad, such services to include, but not be limited to the following activities as are appropriate to the subject election: 1. Furnish a tabulation of the number of registered voters in each precinct. 1 1 1. 1: 1. I! 1t 1; 1I 1s 2c 21 22 23 24 25 26 27 28 2. Establish voting precincts, secure locations for polling places, secure the services of election officers for each precinct as required by law, and furnish a list of precincts, polling places and election officers for filing in the Office of the City Clerk of the City of Carlsbad. 3. Prepare and furnish to the election officers necessary election supplies for the conduct of the election. 4. Cause to be printed the requisite number of sample ballots, official ballots, polling place slips, rosters, tally sheets and other necessary forms. 5. Furnish and address the envelopes necessary to mail sample ballots to the registered voters of the City of Carlsbad. 6. Insert the sample ballots and other printed matter into envelopes for mailing and cause the same to be mailed, as required by law. 7. Assemble the election material and supplies into ballot bags and make necessary arrangements for their delivery to the various precincts. 8. Distribute absent voter ballots as required by law. 9. Receive the returns of the elections and supplies. 10. Sort and assemble the election material and supplies in preparation for canvassing of the returns of the election. 11. Canvass the returns of the elections, including the absent voters ballots. 12. Furnish a tabulation of the number of votes given in each precinct. 13. Make all arrangements and take the necessary steps to pay the members of the precinct boards, the polling place rentals, the persons returning the ballot bags, and to pay all other costs of the election incurred as the result of services performed for the City of Carlsbad for the election officials the amounts prescribed by the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that pursuant to the requirements of the laws of the State of California relating to General Law Cities within the State, the election of the qualified electors of the City of Carlsbad was called for the purpose of the election of a Mayor, City Clerk, City Treasurer, and two Council Members. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of San Diego is hereby requested to consolidate this election wlth the other Page 2 of 4 of Resolution No. 2002-196 2 1' 1 II 1: 1d If 1f li 1E 19 20 21 22 23 24 25 26 27 28 elections to be held on the same day, in the same territory, or in territory that is in part the same. BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant to Section 10402 of the Elections Code (a), the election shall be held in all respects as if they were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election or elections consolidated hereby. BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant to Section 10403 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 for them. 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. 3 Iqe 3 of 4 of Resolution No. 2002-196 ! 1( 1' 1: 1: 1r I! if 17 1E 1s 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9th day of JULY ,2002, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Council Member Nygaard ATTEST: INE M. WOOD, City Clerk (SEAL) 4 of 4 of Resolution No. 2002-196 ! 11 1 1: 1: 1r 1: 1E 17 l& IS 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 0 1 2 3 t I 5 I I I RESOLUTION NO. 2002-197 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5,2002 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statements; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Carlsbad on November 5,2002, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than two hundred (200) words of the candidate’s education and qualifications expressed by the candidate herself or himself. The statement shall not include any party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the Office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:OO p.m. of the next working day after the close of the nomination period. SECTION 2. SPANISH LANGUAGE. Pursuant to the Voting Rights Act, all candidates’ statements shall also be translated into Spanish. 1 C € - I E s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3. ADDITIONAL. MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 4. PAYMENT. Each candidate filing a candidate’s statement shall be billed for the services rendered a sum not greater than her or his actual prorata share of costs for printing, handling, mailing the candidate’s statements, and for the cost of the Spanish translation. Such bill shall be due and payable immediately upon receipt thereof. SECTION 5. Each candidate shall pay a $25.00 fee at the time the nomination papers are filed with the City Clerk. In lieu of the $25.00 filing fee, candidates may process a petition-in-lieu by acquiring four signatures for each $1.00 of the filing fee. A total of 100 signatures of registered voters in the City shall replace the $25.00 filing fee. Petitions-in-lieu must be submitted to the City Clerk’s Office no later than 5:OO p.m., on July 28,2000. SECTION 6. That the City Clerk shall provide each’candidate, or the candidate’s representative, a copy of this resolution at the time nominating petitions are issued. SECTION 7. That this resolution shall apply only to the election to be held on November 5,2002, and shall then be repealed. Page 2 of 3 of Resolution No. 2002-197 2 11 1 1: 1: 1r 1: 1E 17 18 19 20 21 22 23 24 25 26 27 20 1 2 3 4 5 6 7 8 9 0 1 3 3 t > i ~ , P, PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 9ch day of JULY ,2002, by the following vote. to wit: AYES: Council Members Lewis, Kulchin. Finnila, Hall NOES: None ABSENT: Council Member Nygaard A’lTEST: M. WOOD, City Clerk 3 sqe 3 of 3 of Resolution No. 2002-797 !