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
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~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