HomeMy WebLinkAbout2016-06-14; City Council; 22315; Adoption of resolutions calling the November 8 2016 General Municipal ElectionItem 9; pg. 1
CITY OF CARLSBAD-AGENDA BILL
AB#
MTG.
DEPT.
22,315
6/14/16
Clerk
RECOMMENDED ACTION:
ADOPTION OF RESOLUTIONS CALLING THE
NOVEMBER 8, 2016
GENERAL MUNICIPAL ELECTION
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
Adopt a resolution calling and giving notice of a General Municipal Election to be held in the City of Carlsbad on
Tuesday, November 8, 2016 for the purpose of electing two municipal officers and submitting a ballot measure
entitled "Do the voters of the City of Carlsbad approve spending existing city funds from various sources, including
the General Fund, in an amount to exceed $1 million to construct a replacement for Fire Station 2 located at the
intersection of El Camino Real and Arena! Road for an estimated cost range of $7 million up to $10.5 million?" to the
qualified voters of the Carlsbad (Exhibit 1); and
Adopt a resolution requesting the Board of Supervisors of the County of San Diego consolidate the General Municipal
Election with the statewide election to be held Tuesday, November 8, 2016 {Exhibit 2); and
Adopt a resolution approving 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
8, 2016 (Exhibit 3); and
Adopt a resolution directing the City Attorney to prepare an impartial analysis, not to exceed 500 words, relating to
the ballot measure question entitled "Do the voters of the City of Carlsbad approve spending existing city funds from
various sources, including the General Fund, in an amount to exceed $1 million to construct a replacement for Fire
Station 2 located at the intersection of El Camino Real and Arena! Road for an estimated cost range of $7 million up
to $10.5 million?"(Exhibit 4); and
Adopt a resolution authorizing members of the City Council to file a written argument, not to exceed 300 words, in
support of the ballot measure (Exhibit 5); and
Adopt a resolution providing for the filing of rebuttal arguments not to exceed 250 words (Exhibit 6).
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 8, 2016, a General Municipal Election for the purpose
of electing two {2) Council Members for the full term of four {4) years and for the registered voters of the City of
Carlsbad to consider the following ballot measure: "Do the voters of the City of Carlsbad approve spending existing
city funds from various sources, including the General Fund, in an amount to exceed $1 million to construct a
replacement for Fire Station 2 located at the intersection of El Camino Real and Arena! Road for an estimated cost
range of $7 million up to $10.5 million?"
DEPARTMENT CONTACT: Sheila Cobian 760-434-2808 Sheila.Cobian@carlsbadca.gov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER-SEE MINUTES
D ____ _
D
D
D
Item 9; pg. 2
Page 2
Adoption of Resolutions Calling
November 8, 2016 General Municipal Election
The candidate filing period for the election is Monday, July 18, 2016, at 8:00a.m. to Friday, August 12, 2016, at 5:00
p.m. If an incumbent does not file, the period is extended to Monday, August 15, 2016, at 5:30p.m. for candidates
other than the incumbent to file for that office.
Proposition H, adopted by voters in 1982, restricts the use of city funds for the acquisition and improvement of real
property. Specifically, section 1.24.030 of the Carlsbad Municipal Code states that any acquisition of or improvement
of real property that exceeds one million dollars in city funds will not be undertaken "unless the proposed acquisition
and/or improvement project and the cost in city funds is first placed upon the ballot and approved by a majority of
the voters."
At a Council Workshop on March 15, 2016, staff presented Council with a proposed ballot measure for the
reconstruction of Fire Station 2. Council directed staff to prepare ballot measure language for their consideration at
a future meeting. Staff presented the proposed ballot measure language at the May 10, 2016 Council Meeting.
Council concurred that the reconstruction of Fire Station 2 is a critical need for public safety and approved the
proposed ballot measure language. Adoption of the resolution calling the election (Exhibit 1} authorizes the San
Diego County Registrar of Voters to include the following ballot measure question on the November ballot.
FISCAL IMPACT:
The total cost projection provided by the San Diego County Registrar of Voters for the November 8, 2016 election is
approximately $91,000. The following is a breakdown of the cost projections:
• $60,000 for services and materials relating to the election of two municipal officers
• $31,000 for services and materials relating to the proposed ballot measure
The City Clerk's department recommended budget for FY 2016-17 includes the necessary funds to cover the costs
related to the election.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065, these actions do not constitute a "project" within the meaning of
CEQA in that it does not have 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.
EXHIBITS:
1. A resolution calling and giving notice ofthe November 8, 2016 General Municipal Election.
2. A resolution requesting the Board of Supervisors of the County of San Diego consolidate the election with
the statewide election to be held November 8, 2016.
3. A resolution adopting Regulations for Candidates pertaining to candidates' statements.
4. A resolution directing the City Attorney to prepare an Impartial Analysis.
5. A resolution authoring members ofthe City Council to file a written argument in favor ofthe ballot measure.
6. A resolution providing for the filing of rebuttal arguments.
Item 9; pg. 3
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RESOLUTION NO. 2016-111
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 8, 2016, FOR
THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF
THE STATE OF CALIFORNIA RELATING TO CHARTER
CITIES AND FOR THE SUBMISSION TO THE VOTERS
A BALLOT MEASURE REGARDING THE
EXPENDITURE OF FUNDS TO CONSTRUCT A
REPLACEMENT FIRE STATION 2 LOCATED AT THE
INTERSECTION OF EL CAMINO REAL AND ARENAL
ROAD
Exhibit 1
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 8,
2016, 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 the expenditure of funds in an amount to exceed $1 million to
construct a replacement Fire Station 2 located at the intersection of El Camino Real
and Arenal Road.
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.
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, California, on Tuesday, November 8, 2016, a General Municipal Election
for the 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:
Do the voters of the City of Carlsbad approve spending existing city
funds from various sources, including the General Fund, in an amount Yes
to exceed $1 million to construct a replacement Fire Station 2 located
at the intersection of El Camino Real and Arena! Road for an estimated No
cost range of $7 million up to $10.5 million?
Item 9; pg. 4
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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 p.m. of the same day when the polls shall be closed, pursuant to Election
Code §10242, 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 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
§ 15651 shall conduct a special runoff election to resolve the tie vote and such special
runoff election 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).
Item 9; pg. 5
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SECTION 9. That the City Clerk Services Manager shall certify to the passage
and adoption of this Resolution.
SECTION 10. That the City Council authorizes the City Clerk Services
Manager to administer said election and all reasonable and actual election expenses
shall be paid by the City upon presentation of a properly submitted bill.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 14th day of June, 2016, by the following vote:
AYES:
NOES:
ABSENT:
Ha II, Wood, Schumacher, Blackburn, Packard.
None.
None.
ATTEST:
SHEILA . OBIAN, CMC
City Clerk Services Manager
(SEAL)
Item 9; pg. 6
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Exhibit 2
RESOLUTION NO. 2016-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN DIEGO
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO
BE HELD IN THE CITY OF CARLSBAD ON TUESDAY,
NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO
SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Carlsbad called a General Municipal
8 Election to be held on November 8, 2016, for the purpose of the election two (2) Council
9 Members for the full term of four (4) years; and
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WHEREAS, the City Council is submitting to the voters a ballot question relating
to the expenditure of funds to construct a replacement Fire Station 2 located at the
intersection of El Camino Real and Arenal Road; 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 the county Registrar of Voters of the County of San Diego canvass the returns of
the General Municipal Election and that the election be held in all respects as if there
were only one election.
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.
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 8, 2016, for the purpose of the two (2) Council Members,
for the full term of four (4) years.
Item 9; pg. 7
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SECTION 2. That a measure is to appear on the ballot as follows:
Do the voters of the City of Carlsbad approve spending existing city funds
from various sources, including the General Fund, in an amount to exceed Yes
$1 million to construct a replacement Fire Station 2 located at the
intersection of El Camino Real and Arena I Road for an estimated cost range No
of $7 million up to $10.5 million?
SECTION 3. That the San Diego County Registrar of Voters Office 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 Office 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.
SECTION 6. That the City Clerk Services Manager is hereby directed to file a
certified copy of this resolution with the Board of Supervisors and the San Diego County
Registrar of Voters.
SECTION 7. That the City Clerk Services Manager shall certify to the passage and
adoption of this resolution.
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Item 9; pg. 8
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
2 Council of the City of Carlsbad on the 14th day of June, 2016, by the following vote:
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AYES: Hall, Wood, Schumacher, Blackburnt Packard.
NOES: None.
ABSENT: None.
ATTEST:
Item 9; pg. 9
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Exhibit 3
RESOLUTION NO. 2016-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
TO CANDIDATES' STATEMENTS SUBMITTED TO THE
VOTERS AT GENERAL MUNICIPAL ELECTION TO BE
HELD IN THE CITY OF CARLSBAD ON TUESDAY,
NOVEMBER 8, 2016.
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
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.
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 the General Municipal Election to be held in the City of Carlsbad on November 8,
2016, 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 nomination papers are
filed. The statement may be withdrawn, but not changed, during the period for filing
Item 9; pg. 10
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nomination papers and until 5:00 p.m. of the next working day after the close of the
nomination period.
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.
C. The Registrar of Voters will print and mail separate sample ballots and
candidates' statements in Spanish, Vietnamese, Filipino and Chinese to only
those voters who are in the County voter file as having requested a sample
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 City Clerk Services Manager shall estimate the total
cost of printing, handling, translating as specified, and mailing the candidates'
statements filed pursuant to the Elections Code, including costs incurred as a result of
complying 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 $1,050-$1,300 as
a condition of having his or her statement included in the voter's pamphlet. The
estimated amount is just an approximation of the actual cost that varies from one
Item 9; pg. 11
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election to another election and may be significantly more or less than the estimate,
depending on the actual number of candidates filing statements and the number of
registered voters in the city. Accordingly, the City Clerk Services Manager 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
filing fee. Petitions-in-lieu forms will be available on June 15, 2016 and must be
submitted to the City Clerk's Office no later than 5:00p.m., on July 29, 2016.
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 8, 2016.
SECTION 8. The City Clerk Services Manager is hereby directed to file a certified
copy of this resolution with the Registrar of Voters of the County of San Diego.
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Item 9; pg. 12
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
2 the City of Carlsbad on the 141h day of June, 2016, by the following vote:
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AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
~~ M~[L, Mayor ,
ATTEST:
~Co£x;__. SHEJL:C0BIAN, CMC 'Qf:r--t
City Clerk Services Manager
(SEAL)
Item 9; pg. 13
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Exhibit 4
RESOLUTION NO. 2016-114
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 8, 2016, at which there will be submitted to the qualified voters
the following Ballot Measure Question:
Do the voters of the City of Carlsbad approve spending existing city funds
from various sources, including the General Fund, in an amount to exceed Yes
$1 million to construct a replacement Fire Station 2 located at the
intersection of El Camino Real and Arena I Road for an estimated cost range No
of $7 million up to $10.5 million?
WHEREAS, the City Council desires to have an impartial analysis prepared
showing the effect of the Measure 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 above recitations are true and correct.
2. That the City Council directs the City Clerk's Office to transmit a copy of the
Ballot Measure question to the City Attorney.
3. Pursuant to the provision of Section 9280 of the Elections Code of the State of
California, this City Council does direct the City Attorney to prepare an
impartial analysis of the amendment showing the effect of the measure on
existing law and operation of the measure.
4. That the Impartial Analysis shall not exceed 500 words in length.
5. That the Impartial Analysis shall be filed in the Office of the City Clerk by
Thursday, June 23, 2016.
Item 9; pg. 14
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6. That the City Clerk Services Manager shall certify to the passage and adoption
of this Resolution.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
the City of Carlsbad on the 14th day of June, 2016, by the following vote:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
ATTEST:
Item 9; pg. 15
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Exhibit 5
RESOLUTION NO. 2016-115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING CERTAIN
MEMBERS TO FILE A WRITTEN ARGUMENT REGARDING
THE BALLOT MEASURE RELATING TO THE
CONSTRUCTION OF A REPLACEMENT FOR FIRE
STATION NO.2 LOCATED AT THE INTERSECTION OF EL
CAMINO REAL AND ARENAL ROAD
WHEREAS, a General Municipal Election is to be held in the City of Carlsbad,
California, on November 8, 2016, at which there will be submitted to the voters the
following measure:
Do the voters of the City of Carlsbad approve spending existing city funds
from various sources, including the General Fund, in an amount to exceed Yes
$1 million to construct a replacement Fire Station 2 located at the
intersection of El Camino Real and Arenal Road for an estimated cost range No
of $7 million up to $10.5 million?
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 the City Council authorizes the following Council Members to file a
written argument in support of the measure, not to exceed 300 words,
accompanied by the printed name(s) and signature(s) of the author(s)
submitting it, in accordance with Section 9283 of the California Elections
Code and to change or withdraw the argument until 5:00p.m. on June 28,
2016, after which no arguments for or against the measure may be submitted
to the City Clerk's Office:
Matt Hall
Michael Schumacher
Mark Packard
Lorraine Wood
Keith Blackburn
Item 9; pg. 16
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3. That the City Clerk Services Manager shall certify to the passage and
adoption of the Resolution.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
the City of Carlsbad on the 14th day of June, 2016, by the following vote:
AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
~ MA~ayor
ATTEST:
SHEIL~ . COBIAN, CMC
City Clerk Services Manager
(SEAL)
Item 9; pg. 17
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RESOLUTION NO. 2016-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PROVIDING FOR THE FILING
OF REBUTTAL ARGUMENTS FOR CITY MEASURES
SUBMITTED AT MUNICIPAL ELECTIONS
Exhibit 6
WHEREAS, Section 9285 of the California Elections Code authorizes the City
Council, by majority vote, to adopt provisions to provide for the filing of rebuttal
arguments for measures submitted at municipal elections;
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 city
measure or may authorize in writing any other person or persons to prepare, submit, or
sign the rebuttal argument not more than 10 days after the final date for filing direct
arguments.
3. That rebuttal arguments are due by 5:00 p.m. on Friday, July 8, 2016.
Rebuttal 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 8, 2016.
5. That the City Clerk Services Manager shall certify to the passage and
adoption of this Resolution.
Item 9; pg. 18
1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City
2 Council of the City of Carlsbad on the 14th day of June, 2016, by the following vote:
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AYES: Hall, Wood, Schumacher, Blackburn, Packard.
NOES: None.
ABSENT: None.
~ti£:P MA~.Mayor
ATTEST: