HomeMy WebLinkAbout2010-06-08; City Council; 20255; General Municipal Election November 2, 2010CITY OF CARLSBAD - AGENDA BILL 8
AB# 20.255
MTG. 6/s/io
DEPT. Clerk
GENERAL MUNICIPAL ELECTION
NOVEMBER 2, 2010
DEPT. HEAqT^fTT7
CITY ATTY. ^ £^-
CITYMGR. (ZA-"
RECOMMENDED ACTION:
Adopt Resolution No. 2010-137 , calling and giving notice of a General Municipal Election
to be held in the City of Carlsbad on November 2, 2010; and
Adopt Resolution No..2010-138 _, requesting the Board of Supervisors to consolidate the
election with the statewide election being held that day; and
Adopt Resolution No. 2010-139 , 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. 2010-137 calls and gives notice of the General Election to be held in the
City on November 2nd, 2010, for the purpose of electing a Mayor, two members of the City Council,
the City Treasurer, and City Clerk. The nomination period for the candidates is July 12, 2010, to
August 6, 2010. If an incumbent does not file, the deadline will extend to August 11, 2010.
Resolution No.2010-138 requests the Board of Supervisors to consolidate our General
Municipal Election with the statewide election being held the same day.
Resolution No.2Q1Q-139 , 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 $ 572.
DEPARTMENT CONTACT: Lorraine Wood 760-434-2808 clerk@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
*annn
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 $115,000, however, variables which could change the cost are
number of candidates and the number of registered voters. The recommended budget for FY 2010-
11 includes $115,000 to cover the costs related to electing candidates in the November 2010 Election.
EXHIBITS:
1. Resolution No. 2010-137 calling and giving notice of a General Municipal Election to be
held on November 2, 2010.
2. Resolution No. 2010-138 , requesting the Board of Supervisors to consolidate the
election with the statewide election being held that same day.
3. Resolution No. 2010-139 adopting regulations for candidates.
1 RESOLUTION NO. 2010-137
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 2, 2010, FOR THE PURPOSE OF
5 ELECTING CERTAIN MUNICIPAL OFFICERS AS
REQUIRED BY PROVISIONS OF THE LAWS OF THE
6 STATE OF CALIFORNIA RELATING TO CHARTER LAW
CITIES
7
WHEREAS, under the provisions of the laws relating to charter cities in
9 the State of California, a General Municipal Election shall be held on November
!0 2, 2010, for 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:
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1. That the above recitations are true and correct.
2. That pursuant to the requirements of the laws of the State of California
14 relating to charter law cities, there is called and ordered to be held in the City of
15 Carlsbad, California, on Tuesday, November 2, 2010, a General Municipal
., Election for the purpose of electing a Mayor, two Council Members, a City
Treasurer and City Clerk for full terms of four years.
3. That the ballots to be used at the election shall be in the form and
1 8 content as required by law.
19 4. That the City Clerk is authorized, instructed and directed to procure
20 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.
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5. That the polls for the election shall be open at seven o'clock a.m. of the
9^day of the election and shall remain open continuously from that time until eight
24 o'clock p.m. of the same day when the polls shall be closed, except as provided
25 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 be26
held and conducted as provided by law for holding municipal elections.
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1 7. That notice of the time and place of holding the election is given and
2 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
4 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 8th day of June, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
JDE A LEWIS, Mayor
ATTEST:
E M. WOOJD, City Clerk
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy Clerk of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the
original RESOLUTION NO. 2010-137. 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 THE CITY
ON TUESDAY. NOVEMBER 2. 2010. FOR THE PURPOSE OF ELECTING CERTAIN
MUNICIPAL OFFICERS AS REQUIRED BY PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA RELATING TO CHARTER LAW CITIES, with the original
now on file in the Office of the City Clerk of the City of Carlsbad; that the same
contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 9th day of
June, 2010.
J t
JL
SHERRYfREISINGER \
DEPUTYUZLERK ( J
(SEAL) ^^^
1 RESOLUTION NO. 2010-138
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
4 CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO
BE HELD IN THE CITY OF CARLSBAD ON TUESDAY,
5 NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO
6 SECTION 10400 OF THE ELECTIONS CODE
7 WHEREAS, under the provisions of the laws relating to charter law cities in the
8 State of California, a General Municipal Election shall be held on November 2, 2010,
9 for the purpose of electing Municipal Officers; and
10 WHEREAS, Section 439.1 of the Administrative Code of the County of San
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Diego authorizes the Registrar of Voters of the County of San Diego to render specified
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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
15 to requirements set forth in that section; and
16 WHEREAS, the City of Carlsbad has called an election to be held on the same
17 day in the same territory or in territory that is in part the same; and
18 WHEREAS, pursuant to Part 3 (commencing with Section 10400), Division 10 of
19 the Elections Code, the Board of Supervisors has authority to consolidate public
20 district, city, county or other political subdivision elections with each other and with a
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statewide election to be held on the same day;
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NOW THEREFORE, BE IT RESOLVED, that pursuant to the above-recited
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provisions, the Board of Supervisors of the County of San Diego is hereby requested to
25 permit the Registrar of Voters to perform and render all services and proceedings
26 incidental to, and connected with, the conduct of the subject election of the City of
27 Carlsbad, with cooperation and assistance of the City Clerk of the City of Carlsbad,
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1 such services to include, but not be limited to the following activities as are appropriate
2 to the subject election:
1. Furnish a tabulation of the number of registered voters in each precinct.
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2. Establish voting precincts, secure locations for polling places, secure the
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services of election officers for each precinct as required by law, and furnish a list of
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precincts, polling places and election officers for filing in the Office of the City Clerk of
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the City of Carlsbad.8 y
9 3. Prepare and furnish to the election officers, necessary election supplies for
10 the conduct of the election.
11 4. Cause to be printed the requisite number of sample ballots, official ballots,
12 polling place slips, rosters, tally sheets and other necessary forms.
13 5. Furnish and address the envelopes necessary to mail sample ballots to the
14 registered voters of the City of Carlsbad.
6. Insert the sample ballots and other printed matter into envelopes for mailing
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and cause the same to be mailed, as required by law.
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7. Assemble the election material and supplies into ballot bags and make18
necessary arrangements for their delivery to the various precincts.
2Q 8. Distribute absent voter ballots as required by law.
21 9. Receive the returns of the elections and supplies.
22 10. Sort and assemble the election material and supplies in preparation for
23 canvassing of the returns of the election.
24 11. Canvass the returns of the elections, including the absent voters ballots.
25 12. Furnish a tabulation of the number of votes given in each precinct.
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1 13. Make all arrangements and take the necessary steps to pay the members of
2 the precinct boards, the polling place rentals, the persons returning the ballot bags,
•3 and to pay all other costs of the election incurred as the result of services performed
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for the City of Carlsbad for the election officials the amounts prescribed by the Board
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of Supervisors of the County of San Diego.
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BE IT FURTHER RESOLVED that pursuant to the requirements of the laws of
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the State of California relating to Charter Law Cities within the State, the election of the8
9 qualified electors of the City of Carlsbad was called for the purpose of the election of a
10 Mayor, two Council Members, a City Treasurer and City Clerk.
11 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of San
12 Diego is hereby requested to consolidate this election with the other elections to be
13 held on the same day, in the same territory, or in territory that is in part the same.
14 BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant
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to Section 10411 of the Elections Code (a), the election shall be held in all respects as
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if they were only one 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 returns of the subject
election as part of the canvass of the returns of the election or elections consolidated
20 hereby.
21 BE IT FURTHER RESOLVED that if this consolidation is ordered, then pursuant
22 to Section 10410 of the Elections Code, within the territories affected by this order of
23 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
25 each of the precincts.
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1 BE IT FURTHER RESOLVED that the County of San Diego shall be reimbursed
2 in full for the services performed by the Registrar of Voters for the City of Carlsbad
upon presentation of a bill for them.
4 BE IT FURTHER RESOLVED AND ORDERED that the City Clerk of the City of
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Carlsbad is hereby directed to deliver this Resolution to the Clerk of the Board of
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Supervisors of the County of San Diego and to the Registrar of Voters of the County of
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San Diego.8
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of June, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
>, Mayor
ATTEST:
(SEAL)
D- City CleJ , ^
X7 * V''/I (ll<*v
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Sherry Freisinger, Deputy Clerk of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the
original RESOLUTION NO. 2010-138. 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 2. 2010. WITH THE STATEWIDE GENERAL ELECTION TO BE HELD
ON THE DATE PURSUANT TO SECTION 10400 OF THE ELECTIONS CODE., with
the original now on file in the Office of the City Clerk of the City of Carlsbad; that the
same contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 9th day of
June, 2010.
FREISI
DEPUTY CLERK
(SEAL)
1 RESOLUTION NO. 2010-139
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING REGULATIONS
3 FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
4 TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT GENERAL MUNICIPAL ELECTION TO BE
5 HELD IN THE CITY OF CARLSBAD ON TUESDAY,
NOVEMBER 2. 2010.
6
7 WHEREAS, Section 13307 of the Elections Code of the State of California
8 provides that the governing body of any local agency adopt regulations pertaining to
9 materials prepared by any candidate for a municipal election, including costs of the
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candidate's statements;
11
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
12
Carlsbad, California, as follows:
14 1. That the above recitations are true and correct.
15 2. GENERAL PROVISIONS. That pursuant to Section 13307 of the
16 Elections Code of the State of California, each candidate for elective office to be voted
17 for at an election to be held in the City of Carlsbad on November 2, 2010, may prepare
1 8 a candidate's statement on an appropriate form provided by the City Clerk. The
19 statement may include the name, age and occupation of the candidate and a brief
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description of no more than two hundred (200) words of the candidate's education and
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qualifications expressed by the candidate herself or himself. The statement shall not
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include any party affiliation of the candidate, nor membership or activity in partisan
£J
24 political organizations. The statement shall be filed in the Office of the City Clerk at
25 the time the candidate's nomination papers are filed. The statement may be
26 withdrawn, but not changed, during the period for filing nomination papers and until
27 5:00 p.m. of the next working day after the close of the nomination period.
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1 3. LANGUAGE TRANSLATIONS. Pursuant to a memorandum of agreement
2 between the County of San Diego and the United States in June 2004 relating to
Section 203 of the Federal Voting Rights Act, each candidate's statement will be
4 translated into Spanish, Tagalog, and Vietnamese languages.
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4. ADDITIONAL MATERIALS. No candidate will be permitted to include
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additional materials in the sample ballot package.
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5. PAYMENT. Each candidate filing a candidate's statement is required to8
o pay for the services rendered a sum not greater than her or his actual prorata share of
!0 costs for printing, handling, mailing the candidate's statements, and for the cost of the
11 Spanish, Vietnamese and Tagalog translation.
12 6. Each candidate shall pay a $25.00 fee at the time the nomination papers
13 are filed with the City Clerk. In lieu of the $25.00 filing fee, candidates may process a
14 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.
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Petitions-in-lieu must be submitted to the City Clerk's Office no later than 5:00 p.m., on
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July 23, 2010.
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7. That the City Clerk shall provide each candidate, or the candidate's
2Q representative, a copy of this resolution at the time nominating petitions are issued.
21 8. That this resolution shall apply only to the election to be held on
22 November 2, 2010, 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 8th day of June, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Blackburn
NOES: None
ABSENT: None
LEWIS", Mayor
ATTEST:
\jLJ~^y ~y t iS/<jLfl^~^;
LORRA^E M. WCvOrA CityClertt(3
(SEAL)
City of Carlsbad
Office of the City Clerk
Records Management Department
June 11, 2010
Clerk of the Board of Supervisors
County of San Diego
1600 Pacific Highway
San Diego, CA 92101
RE: GENERAL MUNICIPAL ELECTION NOVEMBER 2, 2010
At its meeting on June 8, 2010, the Carlsbad City Council directed that the offices of the Mayor,
two Members of the City Council, the City Treasurer and City Clerk be placed on the ballot for the
November 2, 2010 General Municipal Election.
The City Council adopted the following Resolutions:
1. Resolution No. 2010-137 calling, ordering, providing for and giving notice of the holding of
a municipal election in the City of Carlsbad on November 2, 2010.
2. Resolution No. 2010-138 requesting the Board of Supervisors to consolidate the City of
Carlsbad General Municipal Election on November 2, 2010 with the County of San Diego.
Certified copies of the above-referenced resolutions are enclosed for your records.
JHERtfrtFREISING
DeputyClerk
c: San Diego County Registrar of Voters
Enclosures
12OO Carlsbad Village Drive • Carlsbad, CA 92OO8-1989 • (76O) 434-28O8