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HomeMy WebLinkAbout2018-06-26; City Council; ; November 6, 2018 General Municipal Electione CITY COUNCIL Staff Report Meeting Date: To: From: Staff Contact: Subject: June 26, 2018 Mayor and City Council Kevin Crawford, City Manager Sheila Cobian, City Clerk Services Manager sheila.cobian@carlsbadca.gov or 760-434-2917 November 6, 2018 General Municipal Election Recommended Action CA Review ()..Jl..,- Adopt a Resolution calling and giving notice of a General Municipal Election to be held in the City of Carlsbad on Tuesday, November 6, 2018 for the purpose of electing a Mayor, one Council Member from District No. 1, one Council Member from District No. 3, a City Treasurer and a City Clerk (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 6, 2018 (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 6, 2018 (Exhibit 3). Executive Summary /Discussion 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 6, 2018, a General Municipal Election for the purpose of electing a Mayor, one Council Member from District No. 1, one Council Member from District No. 3, a City Treasurer and a City Clerk for the full term of four (4) years. The candidate filing period for the election is Monday, July 16, 2018, 8 a.m. to Friday, August 10, 2018, at 5 p.m. If an incumbent does not file, the period is extended to Wednesday, August 15, 2018, at 5 p.m. for candidates other than the incumbent to file for that office. Fiscal Analysis The total cost projection provided by the San Diego County Registrar of Voters for the November 6, 2018 election is approximately $94,000. The City Clerk's department recommended budget for FY 2018-19 includes the necessary funds to cover the costs related to the election. June 26, 2018 Item #10 Page 1 of 9 Next Steps Staff will file the Resolution (Exhibit 2) with the Board of Supervisors of the County of San Diego requesting that the Carlsbad General Municipal Election be consolidated with the statewide election to be held Tuesday, November 6, 2018. In addition, staff will publish notice of the election on the City's website and in the local adjudicated newspapers. Environmental Evaluation (CEQA) 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. Public Notification This item was noticed in accordance. with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Staff will publish the Notice of Election on the City's website and in the following newspapers: • Coast News • San Diego Union Tribune • La Prensa • Tieng Viet San Diego News • The Filipino Press • Epoch Times Exhibits 1. City Council Resolution calling the November 6, 2018 Election. 2. City Council Resolution requesting consolidation with the statewide election. 3. City Council Resolution approving regulations for Candidates' Statements. June 26, 2018 Item #10 Page 2 of 9 RESOLUTION NO. 2018-110 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, 2018, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO CHARTER CITIES 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 6, 2018, 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: 1. That the above recitations are true and correct. 2. 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 6, 2018, a General Municipal Election for the purpose of electing a Mayor, one Council Member from District No. 1, one Council Member from District No. 3, a City Treasurer and a City Clerk for the full term of four (4) years. 3. That the ballots to be used at the election shall be in form and content as required by law. 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. 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 ofthe State of California. 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. June 26, 2018 Item #10 Page 3 of 9 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. 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 administrative or judicial certification of the election which resulted in a tie vote). 9. That the City Clerk Services Manager shall certify to the passage and adoption of this Resolution. 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 26th day of June, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. MATT HALL, Mayor \~k1ltJJ!~ ~BARBARA ENGLESON, City Clerk (SEAL) June 26, 2018 Item #10 Page 4 of 9 RESOLUTION NO. 2018-111 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 6, 2018, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE Exhibit 2 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, 2018, for the purpose of electing certain Municipal Officers; 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 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 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 6, 2018, a General Municipal Election for the purpose of electing a Mayor, one Council Member from District No. 1, one Council Member from District No. 3, a City Treasurer and a City Clerk for the full term of four (4) years. 3. That the ballots to be used at the election shall be in form and content as required by law. 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. 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. June 26, 2018 Item #10 Page 5 of 9 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. 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. 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 administrative or judicial certification of the election which resulted in a tie vote). 9. That the City Clerk Services Manager shall certify to the passage and adoption of this Resolution. 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 26th day of June, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. \ ~/W)~rr2:ul~ (?-6ARBARA ENGLESON, City Clerk (SEAL) June 26, 2018 Item #10 Page 6 of 9 RESOLUTION NO. 2018-112 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 6, 2018. Exhibit 3 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. 2. 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 6, 2018, 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 nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. 3. 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. June 26, 2018 Item #10 Page 7 of 9 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. 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. 5. 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 $1,100 -$1,400 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 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. 6. Each candidate shall pay a $25.00 fee at the time the nomination papers are filed in the City Clerk's Office. In lieu ofthe $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 must be submitted to the City Clerk's Office no later than 5:00 p.m., on July 27, 2018. 7. That the City Clerk's Office shall provide each candidate, or the candidate's representative, a copy ofthis resolution at the time nominating petitions are issued. 8. That this Resolution shall apply only to the election to be held on November 6, 2018. 9. 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. June 26, 2018 Item #10 Page 8 of 9 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 26th day of June, 2018, by the following vote, to wit: AYES: NOES: ABSENT: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard. None. None. M:J!UL ~£ /Jv<--BARBARA ENGLESON, City Clerk · (SEAL) June 26, 2018 Item #10 Page 9 of 9