HomeMy WebLinkAbout2014-06-24; City Council; 21646; Calling, Giving Notice General Municipal Election November 4 2014, Requesting Consolidate, Adopt Regulations for Candidates Elective Office Pertaining to StatementsCITY OF CARLSBAD - AGENDA BILL
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ADOPTION OF RESOLUTIONS CALLING AND
GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD NOVEMBER 4, 2014,
REQUESTING TO CONSOLIDATE, AND
ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE'S STATEMENTS
DEPT. / >Q )
DIRECTOR \^^^
MTG. 06/24/2014
ADOPTION OF RESOLUTIONS CALLING AND
GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD NOVEMBER 4, 2014,
REQUESTING TO CONSOLIDATE, AND
ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE'S STATEMENTS
CITY ATTY.
DEPT. City Clerk's
Office
ADOPTION OF RESOLUTIONS CALLING AND
GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD NOVEMBER 4, 2014,
REQUESTING TO CONSOLIDATE, AND
ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE'S STATEMENTS
CITY MGR.
RECOMMENDED ACTION:
In preparation for the November Election, it is necessary for Council to take certain actions. This
agenda bill presents the actions required.
2014-144
Adopt Resolution No. , calling and giving notice of a General Municipal Election to be held in
the City of Carlsbad on Tuesday, November 4, 2014; for the election of certain officers as required
by the provision of the laws of the State of California relating to Charter Cities. Adoption of the
recommended resolutions is required to commence the election process in conformance with the
State of California's election laws; and
2014-145
Adopt Resolution No. , 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
4, 2014, with the statewide general election to be held on that date pursuant to Section 10403 of
the Elections Code; and
Adopt Resolution Na^^^ adopting Regulations for Candidates for elective office pertaining to
candidates' statements submitted to the voters at the General Municipal Election to be held in the
City of Carlsbad on Tuesday, November 4, 2014.
ITEM EXPLANATION:
General Municipal Elections are governed by the State of California Government and Elections
Codes. 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, California, on Tuesday,
November 4, 2014, a General Municipal Election for the purpose of electing a Mayor, two (2)
Council Members, a City Treasurer and City Clerk for the full term of four (4) years.
The candidate filing period for the November election is Monday, July 14, 2014, at 8:00 a.m. to
Friday, August 8, 2014, at 5:00 p.m. If an incumbent does not file, the period is extended to
Wednesday, August 13, 2014, at 5:30 p.m. for candidates other than the incumbent to file for that
office.
DEPARTMENT CONTACT: Shelley Collins 760-434-2917 shelley.collins@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Calling and giving notice of a General Municipal Election
Page 2
In accordance with California Elections Code Section 10403 and the Carlsbad Municipal Code
Section 1.12.020, the City is requesting the San Diego County Board of Supervisors consolidate
the City's General Municipal Election with the Statewide General Election to be held on November
4, 2014. The resolution requesting consolidation agrees to reimburse the County Registrar of
Voters Office for costs associated with election services provided to the City. This long-standing
partnership is cost effective, reducing duplicity in both effort and in costs.
The candidate statement is a voluntary statement for candidates seeking specific elective office
and may include the name, age and occupation of the candidate and a 200 or 400 word
description of the candidate's education and qualifications. Council determines if the statement is
to be 200 or 400 words and historically, a 200 word statement has been designated.
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 $800.00.
The cost is calculated to recover expenses for language translation into the required languages,
typesetting, printing, addressing, labor, and mailing of the candidate statements portion of the
Sample Ballot & Voter Information Pamphlet.
The resolution attached to the agenda bill establishes candidate reimbursement of the cost for a
candidate statement based on a 200 word statement and the estimate provided by the Registrar of
Voters Office. Candidates will be billed or refunded the difference in cost based on the final voter
registration for the City.
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:
The estimated cost of the election is $35,000, however, variables which could change the cost are
the number of candidates and the number of registered voters. The recommended budget for FY
2014-15 includes the necessary funds to cover the costs related to the election.
EXHIBITS:
1. Resolution calling and giving notice of a General Municipal Election
2. Resolution requesting the Board of Supervisors of the County of San Diego to consolidate.
3. Resolution adopting Regulations for Candidates for elective office pertaining to candidate
statements
1 RESOLUTION NO. 2014-144
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CALLING AND GIVING
NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE
4 HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF
6 CALIFORNIA RELATING TO CHARTER CITIES
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7 WHEREAS, under the provisions of the laws relating to charter cities in the State
8 of California, a General Municipal Election shall be held on November 4, 2014, 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:
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
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Carlsbad, California, on Tuesday, November 4, 2014, a General Municipal Election for
16 the purpose of electing a Mayor, two (2) Council Members, City Treasurer, and City
17 Clerk for the full term of four (4) years,
18 SECTION 2. That the ballots to be used at the election shall be in the fomn and
content as required by law.
SECTION 3. That the City Clerk's Office is authorized, to procure and furnish
any and all official ballots, notices, printed matter and all supplies and equipment, etc.
that may be necessary in order to properly and lawfully conduct the election.
SECTION 4. 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
25 o'clock p.m. of the same day when the polls shall be closed, pursuant to Elections Code
27 §10242, except as provided in §14401 ofthe Elections Code ofthe State of California.
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1 SECTION 5. That in all particulars not recited in this resolution, the election
2 shall be held and conducted as provided by law for holding municipal elections.
^ SECTION 6. 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 ofthe election, in time, form and manner as required by law.
SECtlON 7. That in the event of a tie vote (if any two or more persons receive
an equal and the highest number of votes for an office) as certified by the County of San
Diego Registrar of Voters, the City Council, (in accordance with Elections Code Section
10 15651, shall conduct a special runoff election to resolve the tie vote and such special
11 runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days
12 after the administration certification ofthe election which resulted in a tie vote).
13 SECTION S. That the Assistant City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
SECTION 9. 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 upon presentation of a property submitted bill.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 24th day of June 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATT HMl) Mayor
ATTEST:
BARBARA ENGl/E9pN, City Clerk
^••^''^''''^''•^:••^<'J'''
~ O :ii
'IllitV^^
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1 RESOLUTION NO. 2014-145
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
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY,
5 NOVEMBER 4, 2014, 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 4, 2014, for the purpose of the election of a Mayor, two
(2) Council Members, a City Treasurer and City Clerk for the full term of four (4) years;
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, the
precincts, polling places and election officers of the two elections be the same, and that
15 the county Registrar of Voters of the County of San Diego canvass the returns of the
16 General Municipal Election and that the election be held in all respects as if there were
17 only one election.
18 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 Section 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 4, 2014, for the purpose of the election of a
Mayor, two (2) Council Members, a City Treasurer and City Clerk for the full term of four
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1 SECTION 2. That the San Diego County Registrar of Voters Office is authorized
2 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 3. That the Board of Supervisors is requested to issue instructions to
the Registrar of Voters Office to take any and all steps necessary for the holding of the
consolidated election.
SECTION 4. 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
10 County for any costs.
11 SECTION 5. That the Assistant City Clerk is hereby directed to file a certified
12 copy of this resolution with the Board of Supervisors and the San Diego County
13 Registrar of Voters.
SECTION 6. That the Assistant City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of original Resolutions.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 24th day of June 2014, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON, City Clerk
(SEAL)
4
1 RESOLUTION NO. 2014-146
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, 2014.
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
materials prepared by any candidate for a municipal election, including costs of the
candidates' 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 SECTION 1. 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 the General Municipal Election to be held in the City of Cartsbad on November
18 4, 2014, 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 activity in partisan political organizations. The statement shall be filed
in typewritten form in the Office of the City Clerk at the time the candidate's
26 nomination papers are filed. The statement may be withdrawn, but not changed,
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1 during the period for filing nomination papers and until 5:30 p.m. of the next working
2 day after the close of the nomination period.
3 SECTION 2. FOREIGN LANGUAGE POLICY
A. Pursuant to the Federal Voting Rights Act, each candidate's statement will be
translated into all languages required by the Registrar of Voters Office of the
County of San Diego. The County is required to translate candidate's
statements into the following languages: Spanish, Vietnamese, Filipino and
Chinese.
B. All translations shall be provided by professionally-certified translators.
11 c. The Registrar of Voters will print and mail separate sample ballots and
12 candidates' statements in Spanish, Vietnamese, Filipino and Chinese to only
13 those voters who are in the County voter file as having requested a sample
^4 ballot in a particular language. The Registrar of Voters will make the sample
ballots and candidates' statements in the required languages available at all
polling places, on the County's website and in the Election Official's office.
SECTION 3. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 4. PAYMENT. The Assistant City Clerk shall estimate the total cost of
printing, handling, translating as specified, and mailing the candidates' statements
22 filed pursuant to the Elections Code, including costs incurred as a result of complying
23 with the Federal Voting Rights Act and require each candidate filing a statement to
pay in advance his or her estimated pro rata share of $1,100 - $1,400 as a condition of
having his or her statement included in the voter's pamphlet. The estimated amount is
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just an approximation of the actual cost that varies from one election to another
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1 election and may be significantly more or less than the estimate, depending on the
2 actual number of candidates filing statements and the number of registered voters in
the city. Accordingly, the Assistant City Clerk is not bound by the estimate and may,
on a pro rata basis, bill the candidate for additional actual expense or refund any
excess paid depending on the final actual cost.
SECTION 5. Each candidate shall pay a $25.00 fee at the time the nomination
papers 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
11 filing fee. Petitions-in-lieu forms will be available on June 24, 2014 and must be
12 submitted to the City Clerk's Office no later than 5:00 p.m., on July 24, 2014.
13 SECTION 6. 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
are issued.
SECTION 7. That this resolution shall apply only to the election to be held on
November 4, 2014.
SECTION 8. The Assistant City Clerk is hereby directed to file a certified copy of
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 24th day of June 2014, by the following vote to wit:
AYES:
NOES:
ABSENT:
Council Members Hall, Packard, Wood, Schumacher, Blackburn.
None.
None.
MATT HALL: Mayor
ATTEST:
BARBARA ENQCESQN, City Clerk
(SEAL) ,,.;isB;i"v
Ccityof
Carlsbad
Memorandum
June 24, 2014
To: Mayor and City Council Members
From: Shelley Collins, CMC, Assistant City Clerii
Re: Estimated Cost of Election and Candidate Statements Cost per Candidate
Regarding Item #3 - Approval of Resolutions (3) calling, consolidating and adopting regulations
forthe November 4, 2014 General Municipal Election.
Please note there has been a change in the original estimate for candidate statement from $800
to a cost of $1,100 - $1,400 per candidate. Additionally, the overall estimated cost ofthe election
is projected to be higher than the original $35,000 estimate to $50,000 - $75,000.
Since the City consolidates with the County Registrar of Voters for our elections, it is an overall
cost savings versus holding a stand-alone election. Election costs are shared among participants
in a consolidated election, costs are projected until the sample ballot is completed. The number
of participating jurisdictions and number of contests will be known afterthe 88* day before the
election (August 8). Thus, the numbers provided are as of June 24, 2014, the estimated costs will
continue to change until the August 8 date.
Staff suggests that the estimated cost of $1,100 be required for the candidate statements at this
time. If the amount is more the candidate will be billed accordingly, if less there will be a refund
issued afterthe City has been invoiced actual cost ofthe election.
Calling and giving notice of a General Municipal Election
Page 2
In accordance with California Elections Code Section 10403 and the Carlsbad Municipal Code
Section 1.12.020, the City is requesting the San Diego County Board of Supervisors consolidate
the City's General Municipal Election with the Statewide General Election to be held on November
4, 2014. The resolution requesting consolidation agrees to reimburse the County Registrar of
Voters Office for costs associated with election services provided to the City. This long-standing
partnership is cost effective, reducing duplicity in both effort and in costs.
The candidate statement is a voluntary statement for candidates seeking specific elective office
and may include the name, age and occupation of the candidate and a 200 or 400 word
description of the candidate's education and qualifications. Council determines if the statement is
to be 200 or 400 words and historically, a 200 word statement has been designated.
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 $800.00 $1,100 - $1,400.
The cost is calculated to recover expenses for language translation into the required languages,
typesetting, printing, addressing, labor, and mailing of the candidate statements portion of the
Sample Ballot & Voter Information Pamphlet.
The resolution attached to the agenda bill establishes candidate reimbursement of the cost for a
candidate statement based on a 200 word statement and the estimate provided by the Registrar of
Voters Office. Candidates will be billed or refunded the difference in cost based on the final voter
registration for the City.
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:
The estimated cost of the election is $35,000 $50,000 - $75,000, however, variables which could
change the cost are the number of candidates and the number of registered voters. The
recommended budget for FY 2014-15 includes the necessary funds to cover the costs related to
the election.
EXHIBITS:
1. Resolution calling and giving notice of a General Municipal Election
2. Resolution requesting the Board of Supervisors of the County of San Diego to consolidate.
3. Resolution adopting Regulations for Candidates for elective office pertaining to candidate
statements