HomeMy WebLinkAbout2012-06-26; City Council; 20944; General Municipal Election November 6, 2012CITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
.20,944
6/26/12
Clerk/Records
GENERAL MUNICIPAL ELECTION
NOVEMBERS, 2012
DEPT. DIRECTOR
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
?ni?-i43 calling and giving notice of a General Municipal Election to be Adopt Resolution No.
held in the City of Carlsbad on November 6, 2012; for the purpose of electing two Municipal Officers and
submitting a Charter Amendment to the qualified voters of Carlsbad; and
2012-144 requesting the Board of Supervisors to consolidate the election Adopt Resolution No._
with the statewide election being held that day; and
Adopt Resolution No. 2012-145 adopting regulations for candidates at the election; and
Adopt Resolution No. 2012-146 directing the City Attorney to prepare an impartial analysis; and
Adopt Resolution No. 2012-147 . authorizing certain council members to file a written argument; and
Adopt Resolution No. 7012-148 . providing for the filing of rebuttal arguments.
ITEM EXPLANATION:
The Carlsbad City Charter, adopted in June 2008, was amended at the November 2, 2010 General Municipal
Election by the addition of Section 502 "Retention of Benefits". Section 502 provided that retirement benefit
formulas for Safety employees (commonly known as 2% at 50 years of age) hired on or after October 4,
2010, could not be increased without an amendment to this Section of the Charter.
At its June 21, 2011 meeting Council directed staff to amend the City's contract with the California Public
Employees' Retirement System (CalPERS) to create a 2""^ tier retirement plan for miscellaneous employees
hired after November 27, 2011, at the 2% @ 60 retirement formula.
Council desires to submit for consideration to the qualified voters of Carlsbad, an amendment to Section 502
"Retention of Benefits" to include the 2% @ 60 retirement formula for miscellaneous employees hired by the
City after November 27, 2011.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 karen.kundtz(@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED K CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
/
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Proposed Charter Amendment ballot question and text:
Shall Section 502 Retention of Benefits of the Charter of Carlsbad, California be amended to include
limiting increases in retirement benefits for miscellaneous employees without an amendment to this
section?
Text:
Section 502 Retention of Benefits.
Safety employees hired on or after October 4, 2010 and miscellaneous employees hired after
November 27, 2011 (the effective date of the ordinances amending the City's contracts with CalPERS
to create a second tier of retirement benefits for safety and miscellaneous employees) shall not have
their retirement benefit formulas (commonly known as the 2% at 50 years of age or 2% at 60 year of
age formulas respectively) increased without an amendment to this section. The City Council may
reduce this formula as provided in state law without an amendment to this section.
Note: If this measure fails to pass. Section 502 of the existing Charter will remain unchanged.
In preparation for the November Election, it is necessary for Council to take certain actions. This agenda bill
presents the actions required.
• Resolution No. 2012-143 calls and gives notice of the General Election to be held in the
City on November 6, 2012, for the purpose of electing two members of the City Council, and for the
submission of a proposed amendment to the City Charter to the qualified voters of Carlsbad.
• Resolution No. 2012-144 , requests the Board of Supervisors to consolidate the General
Municipal Election with the statewide election being held the same day.
The nomination period for the candidates is July 16, 2012, to August 10, 2012. If an incumbent does not file,
the deadline will extend to August 15, 2012.
• Resolution No. 2012-145 adopts regulations for candidates at the General Municipal Election.
These regulations are as follows:
a. Establishes a 200-word limitation for Candidate Statements.
b. Requires candidates who wish to have a Candidate Statement published in the sample ballot to 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, Vietnamese and Chinese. The estimated cost per
candidate (including translation) for this election is $600.00.
• Resolution No. 2012-146 directs the City Attorney to prepare an impartial analysis, not to exceed 500
words, to be filed in the Office of the City Clerk at a specified date and time.
• Resolution No. 2012-147 authorizes certain council members to file a written argument, not to exceed
300 words, to be filed in the Office of the City Clerk at a specified date and time.
• Resolution No. 2012-148 provides for the filing of rebuttal arguments, not to exceed 250 words, to be
filed in the Office of the City Clerk at a specified date and time.
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ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the
meaning of CEQA in that it has not potential to cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment, and therefore does not require
environmental review.
FISCAL IMPACT:
Charter Amendment:
There is no immediate fiscal impact associated with implementing the changes to the retirement provisions as
described above. It is estimated that the City will realize long-term savings of approximately $5 million over a
span of ten years as a result of this action, but employee turnover and other factors will influence the extent of
this projected savings.
Election Costs:
The cost of the election is estimated at $100,000, however, variables which could change the cost are the
number of candidates and the number of registered voters. The recommended budget for FY 2012-13
includes the necessary funds to cover the costs related to the election.
EXHIBITS:
1. Resolution No. 2012-143 calling and giving notice of a General Municipal Election to be held in
the City of Carlsbad on November 6, 2012; for the purpose of electing two Municipal Officers and submitting a
Charter Amendment to the qualified voters of Carlsbad.
2. Resolution No. 2012-144 requesting the Board of Supervisors to consolidate the election with the
statewide election being held that day.
3. Resolution No. 2012-145 adopting regulations for candidates at the election.
4. Adopt Resolution No. 2012-146 directing the City Attorney to prepare an impartial analysis.
5. Adopt Resolution No. 2012-147 authorizing certain council members to file a written argument.
6. Adopt Resolution No. 2012-148 providing for the filing of rebuttal arguments.
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1 RESOLUTION NO. 2012-143
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CALLING FOR THE HOLDING
^ OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 2012, FOR THE ELECTION OF
CERTAIN OFFICERS AS REQUIRED BY THE
5 PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO CHARTER CITIES AND FOR
6 THE SUBMISSION TO THE VOTERS A PROPOSED
AMENDMENT TO THE CITY CHARTER
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^ WHEREAS, under the provisions of the laws relating to charter cities
^ in the State of California, a General Municipal Election shall be held on November 6,
10 " 2012, for the purpose of electing certain Municipal Officers; and
WHEREAS, the City Council also desires to submit to the voters at the election a
question relating to an amendment to the City Charter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to Charter Cities, there is called and ordered to be held in the City of Carlsbad,
17 California, on Tuesday, November 6, 2012, a General Municipal Election for the
18 purpose of electing two Council Members for the full term of four years.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following question:
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Shall Section 502 Retention of Benefits of the Charter of Carlsbad,
California be amended to include limiting increases in retirement
benefits for miscellaneous employees without an amendment to this
section?
Text:
Section 502 Retention of Benefits.
Safety employees hired on or after October 4, 2010 and
miscellaneous employees hired after November 27, 2011 (the
effective date of the ordinances amending the City's contracts with
CalPERS to create a second tier of retirement benefits for safety and
miscellaneous employees) shall not have their retirement benefit
formulas (commonly known as the 2% at 50 years of age or 2% at 60
year of age formulas respectively) increased without an amendment to
this section. The City Council may reduce this formula as provided in
state law without an amendment to this section.
SECTION 3. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 4. That the City Clerk's Office is authorized, instructed and directed to
coordinate with the County of San Diego Registrar of Voters to procure and furnish any
and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
SECTION 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
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1 p.m. of the same day when the polls shall be closed, pursuant to Election Code §10242,
2 except as provided in §14401 of the Elections Code of the State of California.
^ SECTION 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.
SECTION 7. That notice of the time and place of holding the election is given and the
City Clerk's Office is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner as required by law.
SECTION 8. That in the event of a tie vote (if any two or more persons receive an
10 equal and the highest number of votes for an office) as certified by the County of San
11 Diego Registrar of Voters, the City Council, (in accordance with Elections Code §shall
12 conduct a special runoff election to resolve the tie vote and such special runoff election
1^ is to be held on a Tuesday not less than 40 days nor more than 125 days after the
administration certification of the election which resulting in a tie vote).
SECTION 9. That the Assistant City Clerk shall certify to the passage and adoption of
this Resolution and enter it into the book original Resolutions.
SECTION 10. That the City Council authorizes the Assistant City Clerk to administer
said election and all reasonable and actual election expenses shall be paid by the City
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26^^ day of June, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MATTLHALL, Mayor
ATTEST:
(SEAL)
1 RESOLUTION NO.?012-144
2 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,
5 NOVEMBER 6, 2012, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO
6 SECTION 10403 OF THE ELECTIONS CODE
7 WHEREAS, the City Council of the City of Carlsbad called a General Municipal
Election to be held on November 6, 2012, for the purpose of the election of two
Members of the City Council for full terms of four years; and,
WHEREAS, the City Council is submitting to the voters the question relating to
an amendment to the City Charter; and
WHEREAS, it is desirable that the General Municipal Election be consolidated
with the Statewide General election to be held on the same date and that with the city
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15 the precincts, polling places and election officers of the two election be the same, and
16 that the county Registrar of Voters of the County of San Diego canvass the returns of
17 the General Municipal Election and that the election be held in all respects as if there
18 were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of §10403 of the Elections Code, the
Board of Supervisors of the County of San Diego is hereby requested to consent and
agree to the consolidation of a General Municipal Election with the Statewide General
election on Tuesday, November 6, 2012, for the purpose of the election of two
26 Members of the City Council for full four year terms.
27 SECTION 2. That a measure is to appear on the ballot as follows:
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Shall Section 502 Retention of Benefits of the Charter of Carlsbad,
California be amended to include limiting increases in retirement
benefits for miscellaneous employees without an amendment to this
section?
Text:
Section 502 Retention of Benefits.
Safety employees hired on or after October 4, 2010 and
miscellaneous employees hired after November 27, 2011 (the
effective date of the ordinances amending the City's contracts with
CalPERS to create a second tier of retirement benefits for safety and
miscellaneous employees) shall not have their retirement benefit
formulas (commonly known as the 2% at 50 years of age or 2% at 60
year of age formulas respectively) increased without an amendment to
this section. The City Council may reduce this formula as provided in
state law without an amendment to this section.
SECTION 3. That the Registrar of Voters is authorized to canvass the returns of the
General Municipal Election. The election shall be held in all respects as if there were
only one election, only one form of ballot shall be used.
SECTION 4. That the Board of Supervisors is requested to issue instructions to the
Registrar of Voters to take any and all steps necessary for the holding of the
consolidated election.
SECTION 5. That the City of Carlsbad recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the County for
any costs.
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1 SECTION 6. That the Assistant City Clerk is hereby directed to file a certified copy of
2 this resolution with the Board of Supervisors and the San Diego County Registrar of
3 Voters.
4 SECTION 7. That the Assistant City Clerk shall certify to the passage and adoption of
5 this resolution and enter it into the book of original Resolutions.
6 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
7 of the City of Carlsbad on the 26^^ day of June, 2012, by the following vote to wit:
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AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MATTIHALL, Maybr
ATTEST:
(SEAL)
1 RESOLUTION NO. 7012-145
2 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 GENERAL MUNICIPAL ELECTION TO BE
5 HELD IN THE CITY OF CARLSBAD ON TUESDAY,
NOVEMBER 6, 2012.
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7 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, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
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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 6, 2012, may prepare
a candidate's statement on an appropriate form provided by the Office of 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
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24 activity in partisan political organizations. The statement shall be filed in the Office of
25 the City Clerk at the time the candidate's nomination papers are filed. The statement
26 may be withdrawn, but not changed, during the period for filing nomination papers and
27 until 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
translated into Spanish, Tagalog, Vietnamese and Chinese languages.
4. ADDITIONAL MATERIALS. No candidate will be permitted to include
additional materials in the sample ballot package.
5. PAYMENT. Each candidate filing a candidate's statement is required to
pay for the services rendered a sum not greater than her or his actual prorata share of
10 costs for printing, handling, mailing the candidate's statements, and for the cost of the
11 Spanish, Vietnamese, Tagalog and Chinese translation.
12 6. Each candidate shall pay a $25.00 fee at the time the nomination papers
13 are filed in the City Clerk's Office. 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 forms will be available on June 1, 2012 and must be submitted to
the City Clerk's Office no later than 5:00 p.m., on July 26, 2012.
7. That the City Clerk's Office shall provide each candidate, or the
candidate's representative, a copy of this resolution at the time nominating petitions
21 are issued.
22 8. That this resolution shall apply only to the election to be held on
23 November 6, 2012, 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 26^"^ day of June, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
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RESOLUTION NO. 2012-14^
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF A CITY MEASURE
WHEREAS, a General Municipal Election is to be held in the City of Carlsbad,
California on November 6, 2012, at which there will be submitted to the qualified voters
the following Charter Amendment, to wit:
Shall Section 502 Retention of Benefits of the Charter of Carlsbad,
California be amended to include limiting increases in retirement
benefits for miscellaneous employees without an amendment to this
section?
Text:
Section 502 Retention of Benefits.
Safety employees hired on or after October 4, 2010 and
miscellaneous employees hired after November 27, 2011 (the
effective date of the ordinances amending the City's contracts with
CalPERS to create a second tier of retirement benefits for safety and
miscellaneous employees) shall not have their retirement benefit
formulas (commonly known as the 2% at 50 years of age or 2% at 60
year of age formulas respectively) increased without an amendment to
this section. The City Council may reduce this formula as provided in
state law without an amendment to this section.
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1 WHEREAS, the City Council desires to have an impartial analysis prepared
2 showing the effect of the amendment on existing law and the operation of the
amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the City Council directs the City Clerk's Office to transmit a copy of
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g the amendment to the City Attorney.
9 2. Pursuant to the provision of Section 9280 of the Elections Code of the
10 State of California, this City Council does direct the City Attorney to
11 prepare an impartial analysis of the amendment showing the effect of the
amendment on the existing law and operation of the amendment.
3. That the impartial analysis shall not exceed 500 words in length.
4. That the impartial analysis shall be filed in the Office of the City Clerk by
the date and time set for the filing of rebuttal arguments.
5. That the Assistant City Clerk shall certify to the passage and adoption of
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18 this 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 26*^ day of June, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
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(SEAL)
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RESOLUTION NO. 2012-147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN
MEMBERS TO FILE A WRITTEN ARGUMENT
REGARDING THE CHARTER AMENDMENT REGARDING
RETENTION OF BENEFITS
WHEREAS, a General Municipal Election is to be held in the City of Carlsbad,
California, on November 6, 2012, at which there will be submitted to the voters the
following measure:
Shall Section 502 Retention of Benefits of the Charter of Carlsbad,
California be amended to include limiting increases in retirement
benefits for miscellaneous employees without an amendment to this
section?
Text:
Section 502 Retention of Benefits.
Safety employees hired on or after October 4, 2010 and
miscellaneous employees hired after November 27, 2011 (the
effective date of the ordinances amending the City's contracts with
CalPERS to create a second tier of retirement benefits for safety and
miscellaneous employees) shall not have their retirement benefit
formulas (commonly known as the 2% at 50 years of age or 2% at 60
year of age formulas respectively) increased without an amendment to
this section. The City Council may reduce this formula as provided in
state law without an amendment to this section.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carlsbad, California, as follows:
1. That the City Council authorizes the following Council Members:
Matt Hall Ann Kulchin
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Farrah Douglas Mark Packard
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to file a written argument in support of the measure, not to exceed 300 words,
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9 accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in
10 accordance with Article 1, Chapter 3, Division 9 of the Elections Code of the State of
11 California and to change or withdraw the argument until 5:00 p.m. on July 10, 2012,
12 after which no arguments for or against the amendment may be submitted to the City
Clerk's Office.
2. That the Assistant City Clerk shall certify to the passage and adoption of the
Resolution.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26^^ day of June, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
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(SEAL)
1 RESOLUTION NO. 2012-148
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROVIDING FOR THE FILING
3 OF REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
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5 WHEREAS, Section 9285 of the Elections Code of the State of California
6 authorizes the City Council, by majority vote, to adopt provisions to provide for the
7 filing of rebuttal arguments for measures submitted at municipal elections;
8 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 pursuant to Section 9285 of the Elections Code of the State of
California, rebuttal arguments, not to exceed 250 words, shall be filed with the City
Clerk's Office, by the author or a majority of the authors of an argument relating to a
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city measure or may authorize in writing any other person or persons to prepare,
16 submit, or sign the rebuttal argument not more than 10 days after the final date for filing
17 direct arguments.
18 3. That rebuttal arguments are due by 5:00 p.m. on July 20, 2012. Rebuttal
1^ arguments shall be printed in the same manner as the direct arguments. Each rebuttal
argument shall immediately follow the direct argument which it seeks to rebut.
4. That the provisions listed above shall apply only to the election to be held
on November 6, 2012.
5. That the Assistant City Clerk shall certify to the passage and adoption of
this Resolution.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 26**^ day of June, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MATrHALL, Mayor
ATTEST: