HomeMy WebLinkAbout2008-06-17; City Council; 19478; General Municipal Election November 4 2008CITY OF CARLSBAD - AGENDA BILL
AB# 19,478
MTG. 6/17/08
DEPT. Clerk
GENERAL MUNICIPAL ELECTION
NOVEMBER 4, 2008
DEPT. HEACN iW
CITY ATTY. rtj*>
CITY MGR. I//—-
RECOMMENDED ACTION:
Adopt Resolution No._2008-171
to be held in the City of Carlsbad on November 4, 2008; and
_, calling and giving notice of a General Municipal Election
Adopt Resolution No._2008-172 _, requesting the Board of Supervisors to consolidate the
election with the statewide election being held that day; and
Adopt Resolution No. 2008-173 , adopting 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.2008-171 , calls and gives notice of the General Election to be held in the
City on November the 4th, 2008, for the purpose of electing two members of the City Council. The
nomination period for the candidates is July 14, 2008, to August 8, 2008. If an incumbent does not
file, the deadline will extend to August 13, 2008.
2008-172Resolution No. _
Municipal Election with the statewide election being held the same day.
_, requests the Board of Supervisors to consolidate our General
Resolution No.2008-173 _, 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 will pay the
costs, including printing, handling and mailing. In June 2004, the County of San Diego agreed to a
memorandum of agreement pursuant to Section 203 of the Federal Voting Rights Act, that
provides for the translation of election language in Spanish, Tagalog and Vietnamese. The
estimated cost per candidate (including translation) for this election is$554
FOR CITY CLERKS USE ONL Y. /
COUNCIL ACTION:APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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FISCAL IMPACT:
The cost of the election is estimated at $65,000, however, variables which could change the cost are
number of candidates and the number of registered voters. The recommended budget for FY 2008-
09 includes $65,000 to cover the costs related to the November, 2008 Election.
EXHIBITS:
1. Resolution No. 2008-171 calling and giving notice of a General Municipal Election to be
held on November 4, 2008.
2. Resolution No. 2008-172 , requesting the Board of Supervisors to consolidate the
election with the statewide election being held that same day.
3. Resolution No. 2008-173 adopting regulations for candidates.
DEPARTMENT CONTACT: Lorraine Wood 760-434-2808 clerk@ci.carlsbad.ca.us
1 RESOLUTION NO. 2008-171
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CALLING AND GIVING
3 NOTICE OF THE HOLDING OF THE GENERAL
4 MUNICIPAL ELECTION TO BE HELD IN THE CITY ON
TUESDAY, NOVEMBER 4, 2008, FOR THE PURPOSE OF
5 ELECTING CERTAIN MUNICIPAL OFFICERS AS
REQUIRED BY PROVISIONS OF THE LAWS OF THE
6 STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES
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o WHEREAS, under the provisions of the laws relating to general law cities in the
9 State of California, a General Municipal Election shall be held on November 4, 2008, for
1 „ the purpose of electing certain Municipal Officers; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
12 1. That the above recitations are true and correct.
13 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
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Carlsbad, California, on Tuesday, November 4, 2008, a General Municipal Election for
15 the purpose of electing two Council Members for full terms of four years.
16 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
18 furnish any and all official ballots, notices printed matter, and all supplies and equipment
19 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'clock p.m.
21 of the same day when the polls shall be closed, except as provided in Section 14401 of
22 the Elections Code of the State of California.
23 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.
24 7. That notice of the time and place of holding the election is given and the City
25 Clerk is authorized, instructed and directed to give further or additional notice of this
2/r 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
27 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 17th day of June, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
u
RAILORRAINE M. WOOD, City Clerk
(SEAL)
1 RESOLUTION NO. 2008-172
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REQUESTING THE BOARD OF
3 SUPERVISORS OF THE COUNTY OF SAN DIEGO TO
. CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO
BE HELD IN THE CITY OF CARLSBAD ON TUESDAY,
5 NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO
6 SECTION 10400 OF THE ELCTIONS CODE
7 WHEREAS, under the provisions of the laws relating to general law cities in the State of
8 California, a General Municipal Election shall be held on November 4, 2008, for the purpose of
9 electing Municipal Officers; and
10 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
12 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
16 the same territory or in territory that is in part the same; and
17 WHEREAS, pursuant to Part 3 (commencing with Section 10400), Division 10 of the
1 R0 Elections Code, the Board of Supervisors has authority to consolidate public district, city,
1 Q county or other political subdivision elections with each other and with a statewide election to
20 be held on the same day;
21 NOW THEREFORE, BE IT RESOLVED, that pursuant to the above-recited provisions,
22 the Board of Supervisors of the County of San Diego is hereby requested to permit the
23 Registrar of Voters to perform and render all services and proceedings incidental to, and
24 connected with, the conduct of the subject election of the City of Carlsbad, with cooperation
25 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:
27 1. Furnish a tabulation of the number of registered voters in each precinct.
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1 2. Establish voting precincts, secure locations for polling places, secure the services of
2 election officers for each precinct as required by law, and furnish a list of precincts, polling
3 places and election officers for filing in the Office of the City Clerk of the City of Carlsbad.
4 3. Prepare and furnish to the election officers, necessary election supplies for the
5 conduct of the election.
6 4. Cause to be printed the requisite number of sample ballots, official ballots, polling
7 place slips, rosters, tally sheets and other necessary forms.
8 5. Furnish and address the envelopes necessary to mail sample ballots to the
9 registered voters of the City of Carlsbad.
10 6. Insert the sample ballots and other printed matter into envelopes for mailing and
1 cause the same to be mailed, as required by law.
12 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.
16 10. Sort and assemble the election material and supplies in preparation for canvassing
17 of the returns of the election.
1 R 11. Canvass the returns of the elections, including the absent voters ballots.
1 9 12. Furnish a tabulation of the number of votes given in each precinct.
20 13. Make all arrangements and take the necessary steps to pay the members of the
21 precinct boards, the polling place rentals, the persons returning the ballot bags, and to pay all
22 other costs of the election incurred as the result of services performed for the City of Carlsbad
23 for the election officials the amounts prescribed by the Board of Supervisors of the County of
24 San Diego.
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1 BE IT FURTHER RESOLVED that pursuant to the requirements of the laws of the State
2 of California relating to General Law Cities within the State, the election of the qualified electors
3 of the City of Carlsbad was called for the purpose of the election of two Council Members.
4 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of San Diego
5 is hereby requested to consolidate this election with the other elections to be held on the same
6 day, in the same territory, or in territory that is in part the same.
7 BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant to
8 Section 10411 of the Elections Code (a), the election shall be held in all respects as if they
9 were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters
10 of the County of San Diego shall canvass the returns of the subject election as part of the
11 canvass of the returns of the election or elections consolidated hereby.
12 BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant to
13 Section 10410 of the Elections Code, within the territories affected by this order of
14 consolidation, the election precincts, polling places, voting booths and polling hours shall, in
15 every case be the same, and there shall be only one set of election officers in each of the
1" precincts.
17 BE IT FURTHER RESOLVED that the County of San Diego shall be reimbursed in full
1 Q for the services performed by the Registrar of Voters for the City of Carlsbad upon presentation
19 of a bill for them.
20 BE IT FURTHER RESOLVED AND ORDERED that the City Clerk of the City of
21 Carlsbad is hereby directed to deliver this Resolution to the Clerk of the Board of Supervisors
22 of the County of San Diego and to the Registrar of Voters of the County of San Diego.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 17th day of June, 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
LORRAINE M. WOOD, City Clerk
(SEAL)
1 RESOLUTION NO. 2008-173
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING REGULATIONS
3 FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
. TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT GENERAL MUNICIPAL ELECTION TO BE
5 HELD IN THE CITY OF CARLSBAD ON TUESDAY,
NOVEMBER 4. 2008.
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7 WHEREAS, Section 13307 of the Elections Code of the State of California provides that
8 the governing body of any local agency adopt regulations pertaining to materials prepared by
9 any candidate for a municipal election, including costs of the candidate's statements;
10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
11 California, as follows:
12 1. That the above recitations are true and correct.
13 2. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code
14 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 4, 2008, 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
18 of the candidate's education and qualifications expressed by the candidate herself or himself.
19 The statement shall not include any party affiliation of the candidate, nor membership or
20 activity in partisan political organizations. The statement shall be filed in the Office of the City
21 Clerk at the time the candidate's nomination papers are filed. The statement may be
22 withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m.
23 of the next working day after the close of the nomination period.
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3. LANGUAGE TRANSLATIONS. Pursuant to a memorandum of agreement
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between the County of San Diego and the United States in June 2004 relating to Section 203
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of the Federal Voting Rights Act, each candidate's statement will be translated into Spanish,
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Tagalog, and Vietnamese languages.
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1 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional
2 materials in the sample ballot package.
3 5. PAYMENT. Each candidate filing a candidate's statement is required to pay for
4 the services rendered a sum not greater than her or his actual prorata share of costs for
5 printing, handling, mailing the candidate's statements, and for the cost of the Spanish,
6 Vietnamese and Tagalog translation.
7 6. Each candidate shall pay a $25.00 fee at the time the nomination papers are filed
8 with the City Clerk. In lieu of the $25.00 filing fee, candidates may process a petition-in-lieu by
9 acquiring four signatures for each $1.00 of the filing fee. A total of 100 signatures of
10 registered voters in the City shall replace the $25.00 filing fee. Petitions-in-lieu must be
11 submitted to the City Clerk's Office no later than 5:00 p.m., on July 29, 2008.
12 7. That the City Clerk shall provide each candidate, or the candidate's
13 representative, a copy of this resolution at the time nominating petitions are issued.
!4 8. That this resolution shall apply only to the election to be held on
15 November 4, 2008, and shall then be repealed.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 17tb day of June 2008, by the following vote:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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