HomeMy WebLinkAbout2019-10-22; City Council; ; Consider Options to Fill the City Council District No. 1 Vacancy Recommended Action~ S~~fiR~port
Meeting Date:
To:
From:
Staff Contact:
. Oct. 22, 2019
Mayor and City Council
Scott Chadwick, City Manager
Celia Brewer, City Attorney
Celia.brewer@carlsbadca.gov or 760-434-2891
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
CA Review _CJS__
Subject: Consider Options to Fill the City Council District No. 1 Vacancy
Recommended Action
Consider the following options to fill the City Council District No. 1 vacancy and provide
direction to staff:
1. Fill the City Council vacancy by appointment no later than Dec. 8, 2019.
2. No later than Nov. 10, 2019 adopt a Resolution calling a special election for March 3,
2020 to fill the City Council vacancy in District No. 1.
3. No later than Dec. 8, 2019 adopt a Resolution calling a special election for April 14, 2020
to fill the City Council vacancy in District No. 1.
Executive Summary
On Oct. 9, 2019, City Council Member Hamilton resigned her District No. 1 City Council seat
effective immediately. Her resignation created a vacancy and the City Council must decide
within 60 days of the effective date of the resignation how to fill the vacancy. Under Carlsbad
Municipal Code section l,04.030, the City Council may either appoint a successor who will serve
the remainder of the term of former City Council Member Hamilton or call a special election to
fill the vacancy.
Discussion
On Sept. 16, 2019, the City Clerk's office received written notification from City Council
Member Hamilton of her decision to resign her seat on City Council effective Oct. 31, 2019, or
before if a successful appointment to fill the seat was made by the City Council. On Oct. 9,
2019, the City Clerk's office received an amended written notification from City Council
Member Hamilton stating she wished to resign her seat on the City Council effective
immediately.
Under Carlsbad Municipal Code section 2.04.030, the City Council may either appoint a
successor who will serve the remainder of the term of former City Council Member Hamilton or
call a special election to fill the vacancy. If the City Council appoints a successor and then the
City Clerk receives petitions bearing verified signatures of 10% of the registered voters in City
Council District No. 1 (approximately 1,654 signatures), the City Council must call a special
election to fill the vacancy. A person appointed by the City Council to fill the vacancy in such a
Oct. 22, 2019 Item #8 Page 1 of 18
circumstance will hold office until the date of the special election. A person appointed when no
special election has been called will hold the office for the unexpired term of the former
incumbent.
Fiscal Analysis
Based on an estimate provided by the San Diego County Registrar of Voters, staff estimates that
holding a Special Election on March 3, 2020 will cost approximately $7,500 -$19,500. There is
sufficient funding in the City Clerk's budget to cover the costs associated with holding a Special
Election on March 3, 2020.
Should the City Council choose to hold a special election on April 14, 2020, the San Diego
County Registrar of Voters estimates the cost to be between $175,000 and $300,000. Staff
would return to City Council requesting an appropriation from the City's General Fund to fund
the expense of an April 14, 2020 special election.
Next Steps
Depending on City Council direction, the City Clerk Services Manager will either post a Notice of
Intention to fill the City Council Member Vacancy by appointment with an application and
interview period as defined by the City Council or file a Resolution with the County of San Diego
Registrar of Voters calling the special election. If the City Council chooses to hold the special
election on March 3, 2020, the City Clerk Services Manager will also file a Resolution with the
Board of Supervisors of the County of San Diego requesting consolidation of the election with
the March 3, 2020 California Statewide Presidential Primary Election.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no 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 viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Oct. 9, 2019 Resignation e-mail from City Council Member Hamilton.
2. Sept. 25, 2019 Memorandum from the City Attorney regarding City Council Vacancy
Questions and Answers.
3. Draft Notice of Intention to Fill a Vacancy for City Council Member by Appointment.
4. City Council Resolution calling a special election for March 3, 2020.
5. City Council Resolution requesting consolidation services from the San Diego County
Registrar of Voters for the March 3, 2020 Statewide Presidential Primary Election.
6. City Council Resolution adopting regulations for Candidates' Statements of Qualifications.
Oct. 22, 2019 Item #8 Page 2 of 18
From:
To:
Barbara Engleson
Sheila Cobian
Subject: Fwd: Amendment to Council Resignation
Wednesday, October 09, 2019 9:16:45 AM Date:
FYI...
Barbara Engleson, CMC
City Clerk
City of Carlsbad
760-720-2970 (office)
760-212-9326 (cell)
1200 Carlsbad Village Drive
Carlsbad CA 92008-1949
www.carlsbadca.gov
Barbara. engleson@carlsbadca.gov
Begin forwarded message:
From: Barbara Hamilton <Barbara.Hamilton@CarlsbadCA.gov>
Date: October 9, 2019 at 2:09:58 AM PDT
To: Barbara Engleson <Barbara.Engleson@carlsbadca.gov>
Cc: Scott Chadwick <Scott.Chadwick@carlsbadca.gov>
Subject: Amendment to Council Resignation
Barbara Engleson,
It is with regret that I amend my Carlsbad City Council resignation to be effective
October 8 at 9pm.
Although I provided a two (2) month notice of my resignation, and made it clear
that I wanted to facilitate a smooth transition for my new District 1 Council seat, a
majority of the Council has both denied me from participating in Goal Setting,
and has now denied me the opportunity to participate and represent my
community in the Appointment Process for my successor, which I am allowed by
law.
At the October 8 Council meeting, I offered three options for discussion to fill the
Council seat, with notice and public input and process, and none were accepted.
Was the issue the public process? Was the issue not wanting to change the status
quo? Or was it something else? I don't know.
But what I do know, is that I was denied the opportunity to represent District 1,
which I was lawfully elected to do.
I feel that we have reached an impasse whereby a majority on Council (Mayor
Exhibit 1
Oct. 22, 2019 Item #8 Page 3 of 18
Hall, Council Member Blackbum, and Council Member Schumacher) have
refused to work with me to facilitate a transition process with my District 1
representation.
With this lack of cooperation on Council, there is no longer any possibility of me
to properly and fully represent my community.
Barbara Hamilton
Carlsbad City Council Member
Your thoughts, your words, your actions: they matter.
Oct. 22, 2019 Item #8 Page 4 of 18
CITY COUNCIL VACANCY QUESTIONS AND ANSWERS
OCCURRENCE OF A VACANCY
When does a City Council vacancy by resignation occur?
A City Council vacancy by resignation occurs when a City Council member delivers a written letter of
resignation to the city clerk. (Gov. Code,§§ 1750, subd. (f), 1770, subd. (c)(2).) The letter of resignation
may specify the resignation's effective date. (Gov. Code,§ 1770, subd. (c)(2).)
The vacancy begins on the effective date of the resignation. The City Council does not need to accept
the resignation for the resignation to be effective. (Meeker v. Reed, City Clerk (1924) 70 Cal.App. 119,
123.)
When is the effective date of Council Member Hamilton's resignation?
Council Member Hamilton's resignation states it "will be effective October 3151, 2019, or before if a
successful appointment to fill the District 1 seat is made by Council."
FILLING A VACANCY
How may a City Council vacancy be filled?
A City Council vacancy may be filled by a City Council appointment or by a special election called by the
City Council. If, however, the city clerk receives petitions bearing verified signatures of 10% of the
registered voters in the affected City Council district, the_City Council must call a special election. (Gov.
Code,§ 36512, subd. (b), (c)(2); Carlsbad Municipal Code (CMC), § 2.04.030(A), (B).)
How will the City Council make its decision whether to fill the vacancy by appointment or special
election?
The City Council will make its decision to fill the vacancy by appointment or special election by a
majority vote at an open, noticed meeting.
May the City Council fill a vacancy by making an interim appointment and calling a special election?
CMC 2.04.030(A) currently permits the City Council to fill a vacancy either by making an appointment or
by calling a special election, but not by both actions. The City Council has the authority to amend CMC
2.04.030 to permit both actions. (See Cal. Const., art. XI,§ 5, subd. (b)(3) [authority of charter cities]; see
also Gov. Code,§ 36512, subd. (c)(3) [permitting a city to adopt an ordinance requiring the city council
to immediately call a special election and providing that a person appointed to fill a vacancy holds office
only until the date of the special election].)
When may the City Council act to fill a vacancy?
The City Council may act to fill a vacancy upon the effective date of the vacancy. (Gov. Code,§ 36512,
subd. (b); CMC, § 2.04.030(A).) If the City Council acts to fill the vacancy by appointment under
Oct. 22, 2019 Item #8 Page 6 of 18
City Council Vacancy Questions and Answers
Sept. 25, 2019
Government Code section 36512, subdivision (e) (discussed further below), the City Council's action and
the effective date of the vacancy necessarily occur simultaneously.
CITY COUNCIL APPOINTMENT
How long does the City Council have to fill the vacancy by appointment?
The City Council must fill the vacancy by appointment within 60 days of the effective date of the
vacancy. If the City Council does not fill the vacancy within this time period, the City Council must call a
special election to fill the vacancy. (CMC, § 2.04.030(8); see also Elec. Code,§ 12001 [requiring the City
Council to issue a resolution to call a special election].)
What process would the City Council use to fill the vacancy by appointment?
The City Council may determine this process at the time it decides to fill the vacancy by appointment.
Most recently, when the City Council opted to fill a City Council vacancy by appointment, the City
Council provided public notice of the vacancy and established an application period within _which to
accept applications from qualified residents. The City Council reviewed the applications and also allowed
the applicants to give a 3-minute presentation in open session summarizing their experience and their
reasons for why they believed they would be the best candidate to fill the vacancy. The City Council
then selected the successor in open session.
May Council Member Hamilton vote on the appointment of a successor?
Because the city elects City Council members by district, if the City Council opts to fill the vacancy by
appointment, a resigning City Council member may vote on the appointment of a successor if the
resigning City Council member's resignation will go into effect upon the successor's appointment. (Gov.
Code,§ 36512, subd. (e)(l).)
Nonetheless, the resigning City Council member may not vote for a family member or any person with
whom the resigning City Council member has a relationship that may create a potential conflict of
interest. (Gov. Code,§ 36512, subd. (e)(l).)
Additionally, if the resigning City Council member votes on the appointment of a successor, then for 2
years after the successor's appointment, the resigning City Council member may not:
1. Advocate on any measure or issue coming before the City Council in which the resigning City
Council member may have a personal benefit.
2. Enter into any contract with the city or a city vendor.
3. Accept employment with the city or a city vendor.
4. Apply for a permit subject to the City Council's approval. (Gov. Code,§ 36512, subd. (e)(2).)
May Council Member Hamilton vote on the appointment of a successor if the City Council decides to
fill the vacancy by appointment after October 31, 2019?
Since Council Member Hamilton's resignation will be effective no later than October 31, 2019, she will
not be on the City Council and, therefore, will not be able to vote on her successor under Government
2
Oct. 22, 2019 Item #8 Page 7 of 18
City Council Vacancy Questions and Answers
Sept. 25, 2019
Code section 36512, subdivision (e)(l), if the City Council decides to fill the vacancy by appointment
after that date.
If there is a tie vote on whether to fill the vacancy by appointment, or on whom to select to fill the
vacancy by appointment, how will the vacancy be filled?
A resolution to fill a vacancy by appointment requires a majority vote of the total membership of the
City Council. (Gov. Code, § 36936.) If a majority of the City Council does not vote to fill the vacancy by
appointment within 60 days of the effective date ofthe vacancy, the City Council must call a special
election to fill the vacancy. (CMC, § 2.04.030(8); see also Elec. Code,§ 12001 [requiring the City Council
to issue a resolution to call a special election].)
Who is eligible to be appointed to fill the vacancy?
To be eligible to be appointed to fill the vacancy, a person must reside in and be registered to vote in
District 1. (Elec. Code, § 321; Gov. Code,§§ 34882, 36502, subd. (a); CMC, §§ 2.04.060(A), 2.040.070,
2.040.080(A){1), (C).) District map information is located at
· http://www.carlsbadca.gov/cityhall/clerk/district.asp.
May the City Council appoint a current City Council member to fill the vacancy?
The City Council may not appoint a current City Council member to fill the vacancy. (Gov. Code, § 1752,
subd. (a).)
How long will the appointed person hold office?
If there is no subsequent special election, the appointed person will hold office for the unexpired
balance of the resigning City Council member's term. If there is a subsequent special election called after
the city clerk's receipt of voter petitions (discussed further below), the appointed person will hold office
until the date of the special election. (CMC, § 2.04.030(A).)
SPECIAL ELECTION CALLED BY THE CITY COUNCIL
If the City Council decides to fill the vacancy by a special election, when must the City Council call the
special election?
The City Council must call the election within 60 days of the effective date of the vacancy. (Gov. Code,§
36512, subd. (b); CMC, § 2.04.030(A); see also Elec. Code,§ 12001 [requiring the City Council to issue a
resolution to call a special election].)
If the City Council calls a special election, when will the election occur?
If the City Council calls a special election, the election must be held on the next regularly established
election date that is at least 114 days after the election is called. (Gov. Code,§ 36512, subd. (b)(l); Elec.
Code, § 1400; CMC, § 2.04.030(A), (B).)
3
Oct. 22, 2019 Item #8 Page 8 of 18
City Council Vacancy Questions and Answers
Sept. 25, 2019
The next regularly established election date is November 5, 2019. (Elec. Code,§ 1000, subd. (c).)
However, the special election cannot be held on this date because is it less than 114 days away.
The regularly established election dates in 2020 are March 3 (statewide presidential primary election),
April 14, and November 4 (statewide general election). (Elec. Code,§ 1000, subds. (a), (c), (d).) To have
the special election on March 3, 2020 and ensure the election date is at least 114 days after the election
is called, the City Council has until Sunday, November 10, 2019 to adopt a resolution calling for the
special election. (See Code Civ. Proc.,§ 12 [regarding the computation of time to adopt the resolution];
see also Steele v. Bartlett (1941) 18 Cal.2d 573, 574.) To have the special election on April 14, 2020, the
City Council has until Sunday, December 22, 2019 to adopt a resolution calling for the special election. If
the City Council calls a special election after December 22, 2019, the election can be held no earlier than
November 4, 2020.
If the special election will occur on the date of a statewide election (either March 3 or November 4,
2020), the City Council must, on the same day it adopts a resolution calling the special election, adopt a
resolution requesting the County Registrar of Voters consolidate the special election with the statewide
election. (Elec. Code,§ 10403 (a), (b).)
How much will a special election cost?
If the special election occurs on M;:irch 3, 2020, the estimated cost for the election is between $7,500
and $19,500. If the special election occurs on April 14, 2020, the estimated cost for the election is
between $175,000 and $300,000 .. If the special election occurs on November 4, 2020, the estimated cost
for the election is between $10,000 and $25,000.
How would a special election be funded?
The City Council would appropriate money for the special election from the General Fund and the
money would be transferred to the city clerk's budget to be used to pay for the special election.
Who is eligible to be elected to fill the vacancy?
To be eligible for election to fill the vacancy, a person must reside in and be registered to vote in District
1. (CMC, §§ 2.04.060(A); 2.040.070, 2.040.080(A)(l), (C).) District map information is located at
http:ijwww. ca rls bad ca .gov/ cityhall/ clerk/district. asp.
How long will the person specially elected hold office?
The person specially elected will hold office for the unexpired balance of the resigning City Council
member's term. (Gov. Code,§ 36512, subd. (b)(l).)
What if there is only one candidate nominated to fill the vacancy?
If there is only one candidate nominated to fill the vacancy, the City Council may either appoint the
person to fill the vacancy or hold the special election. (Elec. Code,§§ 10229, subd. (a)(l), (3), 12101,
subd. (b).)
4
Oct. 22, 2019 Item #8 Page 9 of 18
City Council Vacancy Questions and Answers
Sept. 25, 2019
SPECIAL ELECTION CALLED AFTER RECEIPT OF VOTER PETITIONS
May registered voters require the City Council to fill the vacancy by a special election?
The City Council must call a special election if the city clerk receives petitions bearing 10% of the verified
signatures of the registered voters in the resigning City Council member's district. (Gov. Code,§ 36512,
subd. (c)(2}; CMC, § 2.040.030(A}; see also Elec. Code,§ 12001 [requiring the City Council to issue a
resolution to call a special election].}
What are the requirementsfor petitions and petition signers?
The requirements for petitions and petition signers are in Elections Code sections 100 through 105,
which are available at http://leginfo.legislature.ca .gov/faces/home.xhtml. Petitioners must also comply
with Government Code section 34093, which is available in the same location.
When may petitioners begin circulating special election petitions?
Petitioners may begin circulating petitions when the vacancy is effective. (See Gov. Code,§ 36512, subd.
(c)(2); CMC, § 2.04.030(A}.)
How many signatures are needed to meet the 10% requirement?
According to the most recent information received from the County Registrar of Voters, there are
16,535 registered voters in District 1. Assuming no significant change in voter registration occurs,
petitioners would need to gather approximately 1,654 verified signatures of registered voters to meet
the 10% requirement.
How long do the petitioners have to submit petitions?
Neither Government Code section 36512 nor CMC section 2.04.030 expressly address this question.
However, under these statutes, the petitioning process acts as a substitute for a City Council decision to
call a special election. Since these statutes give the City Council 60 days to decide to call a special
election, logically the petitioners should have the same time period to collect and submit signatures to
the city clerk. This interpretation also avoids any potential conflict between the special election
petitioning process and a recall petitioning process. (See Elec. Code,§§ 11000-11386.)
If the City Council believes further clarification of this question is warranted, the City Council has the
authority to amend CMC 2.04.030 to expressly address it. (See Cal. Const., art. XI,§ 5, subd. (b}(3)
[authority of charter cities].)
If the City Council appoints a person to fill the vacancy and the city clerk receives petitions with
sufficient verified signatures to require a special election, how long will the appointed person hold
office?
The appointed person will hold office until the date of the special election. (CMC, § 2.04.030(A).)
5
Oct. 22, 2019 Item #8 Page 10 of 18
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL ELECTION ON
TUESDAY, MARCH 3, 2020 FOR THE ELECTION OF A CITY COUNCIL MEMBER
-DISTRICT NO. 1 FOR A TERM ENDING NOVEMBER 2022 AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
CHARTER CITIES
Exhibit 4
WHEREAS, under the provisions of the laws relating to charter cities in the State of California, a
Special Election may be held on March 3, 2020, for the purpose of electing one City Council Member
to represent District No. 1; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
l . 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, March 3, 2020, a Special Election for the purpose of electing one Council
Member from District No. 1 for a term ending in November 2022.
3. That the ballots to be used at the election ~hall 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.
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.
Oct. 22, 2019 Item #8 Page 13 of 18
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_ day of ___ ~ 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Oct. 22, 2019 Item #8 Page 14 of 18
RESOLUTION NO.
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 SPECIAL ELECTION TO BE HELD IN THE
CITY OF CARLSBAD ON TUESDAY, MARCH 3, 2020; WITH THE STATEWIDE
PRESIDENTIAL PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT
TO SECTION 1000 OF THE ELECTIONS CODE
Exhibit 5
WHEREAS, under the provisions of the laws relating to charter cities in the State of California, a
'
Special Election shall be held on March 3, 2020, for the purpose of electing certain Municipal Officers;
and
WHEREAS, it is desirable that the Special Election be consolidated with the Statewide
Presidential Primary 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, March 3, 2020, a Special Election for the purpose of electing one Council
Member from District No. 1 for a term ending in November 2022.
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.
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.
Oct. 22, 2019 Item #8 Page 15 of 18
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_ day of ___ ~ 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Oct. 22, 2019 Item #8 Page 16 of 18
Exhibit 6
RESOLUTION NO.
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 THE SPECIAL ELECTION
TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY, MARCH 3, 2020.
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 Special Election to be held in
the City of Carlsbad on March 3, 2020, 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.
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
Oct. 22, 2019 Item #8 Page 17 of 18
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 $900 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. That the City Clerk's Office sha ll provide each candidate, or the candidate's
representative, a copy of this resolution at the time nominating petitions are issued.
7. That this Resolution shall apply only to the election to be held on March 3, 2020.
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.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on
the_ day of ___ _, 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
Oct. 22, 2019 Item #8 Page 18 of 18
Kaylin McCauley
From:
Sent:
To:
Subject
Attachments:
simon angel
Thursday, October 17, 2019 7:36 AM
Council Internet Email; Celia Brewer; Manager Internet Email
Vacancy District 1
101719.docx
I am submitting the attachments regarding District 1 representation.
Simon Angel
1
All Receive -Agenda Item # !!?
For the Information of the:
CITY COUNCIL
Date/D/17//9CA v CC v .
CM L COO .,,,,,..-DCM (3) ~
r :-• '\ ,-•,. •· ..... -• • -_,,.,..,.,,,. .. --•~~-,.c-"' ~-J• """:-,'"'~••,,.-• --T a•-,,,-.:-:,·,., .. _.,.__---T-.. ,, ~ ... • -·•·, ,:S 1~.,. ~--
1
f.....C, • > •• ~.. --~
Tyler Street
Carlsbad, CA 92008
Date: October 17, 2019
TO: City Council, Celia Brewer/ City Attorney, Scott Chadwick/ City Manager
FROM: Simon Angel/ BCCA
Reference: October 8, 2019 City Council meeting
Since September 10, 2019 when City Council member Barbara Hamilton
announced her resignation from the dais during an open public meeting to be
effective October 31, 2019. She was providing substantial public notice so
that the City Council would have an opportunity to address the vacancy. By
providing a transparent, expedient, and unambiguous process for the present
and future. vacancy situations it would insure seamless representation for all
districts.
The City Council failed or refused to address the matter from September 10th
to October 8th (29 days). Council member Hamilton had to insist that the
matter be placed on the October 8th agenda to at least begin a discussion on
the matter regarding the options moving forward. At the heart of the council
member's actions was her intention to insure that District 1 would have a
smooth and seamless transition in representation.
The matter of District Elections seeks to address a compelling and over-riding
state interest under the California Voting Rights Act (CVRA). The specific
matter addressed is "voter dilution" of historically under served communities
and is applicable to the State and "political subdivisions thereof''. California
courts have ruled that all municipalities are subject to the Act regardless of
their status as general or charter cities. The framework is the process of
District Elections. It is this process that provides the bone and sinew for
subsequent representation. The representation that results from District
elections gives District elections life. It is the heart and soul of all that has
come before. It is for this reason that we believe the City of Carlsbad has an
abiding duty and responsibility to ensure that residents of District 1 are
represented at all times. It has now been 9 days that the residents of District
1 have had no representation. In our opinion this lack of representation brings
into question all actions by the City Council that may impact residents of
Page 1 of2
District 1. It also raises the question of whether the City is subject to
compensatory and punitive damages for failing to ensure representation for
residents of District 1 because the filling of vacancies is a matter strictly
within the control of the City and has yet to be resolved despite the urgings of
Council Member Barbara Hamilton
The current provisions of the Carlsbad Municipal Code (CMC) were established
under the at large representation system. These provisions are ill suited to
addressing matters arising from the District election and representation
system. Since the city council voted to transition from at large to district
representation in 2017, they have failed or refused up to this day to review
and update the CMC in all matters related to elections, representation,
vacancies, etc.
At the October 8, 2019 meeting at large representatives Hall and Blackburn
stated their continued resistance and objections to the district system for
elections and representation from the dais. Let me be clear, they
demonstrated an unequivocal and continuing animus to district elections and
by extension the representation arising from those elections.
It was indic.ated that at large representatives could fully represent the
interests of all District 1 residents. Really? With the exception of Mayor Hall
(recused), how did the at large representatives serve the interests of the
residents of the Barrio on July 10, 2018 when they all voted to exclude the
Barrio districts under the Village and Barrio Master Plan from the same
representation process that Village districts were subject to regarding
developments. Without any question or objection from any council member
regarding this arbitrary action resulting in discriminatory effects, how did their
action represent the interests of the Barrio. This clearly demonstrates the
lack of representation by all at large representatives. Council member
Hamilton did take action for the city to remedy this following her election yet
we have seen nothing specific or concrete. We believe that the action by the
City Council remains actionable under Section 53. 7 of the California Civil Code
as long as it is a part of the VBMP. It is important that the city realize that
forbearance is not acquiescence.
Further we have been advised that the city is still subject to the agreement to
transition from at large to district elections and representation because it has
not completed the process and will not until after the elections in 2020. As
long as the residents of District 1 are without representation, the lack of
action on the part of the city to address the vacancy in an expeditious and
timely manner subjects the city to potential liability. Coupled with statements
.made by at large members of the City Council from the dais demonstrating an.
animus to district elections and representation increases the potential liability
Page 2 of2
for the city being subject to further legal action. We urge the City to take
action sooner rather than later.
If the city continues to demonstrate that it is incapable or unwilling to address
the vacancy and lack of representation for District 1 we suggest that a court
of competent jurisdiction may assert authority as in the Palmdale case. A
court being free of political considerations may be the best vehicle to resolve
this matter and provide an adequate remedy at law that will serve the
interests of District 1 and the Barrio community.
Page 3 of2
Ka lin McCaule
From:
Sent:
To:
Subject:
Mayor and City Council,
Enchanted Seashells
Wednesday, October 16, 2019 9:39 PM
Council Internet Email
RE: Council seat vacated by Barbara Hamilton
Approve a Resolution at the October 22nd City Council Meeting to call for a 01 election for the remaining three (3)
years of the 01 City Council position, to be held as part of the March 3, 2020 Primary Election.
This is fair and democratic.
Rosanne Bentley
1
Ka lin McCaule
From:
Sent:
To:
Subject:
Lisa
Wednesday, October 16, 2019 7:41 PM
Council Internet Email
The D1 VOTERS should choose. It's a basic right!
The Dl VOT~RS should choose. It's a basic right.
Please approve a Resolution at the Oct. 22nd City Council Meeting to call for a Dl election for the remaining 3 years of the Dl
City Council position, to be held as part of the March 3,2020 CA Primary Election. The City has estimated the cost for the
March 3, 2020 option to be between $7.SK to $19.SK. If the City delays and misses the deadline, an election would be held on
April 14, 2020, and has been estimated to cost between $175K up to $300K -a HUGE difference. I live in Dl, I deserve to vote
for my city representative!
Lisa Ash
1
Kaylin McCauley
From:
Sent:
To:
Subject:
Dear City Council
Chandler Wiegand
Wednesday, October 16, 2019 7:39 PM
Council Internet Email
Appointment
I would like to urge you to follow the municipal code with regard to the vacant District 1 Council seat by making an
appointment. Quite frankly, I am disappointed our council would even consider spending the money on a special
election. Elections are costly and in my option this is not warranted. The running for District 1 was a VERY close race, with
Tracy Carmichael only a couple hundred votes behind. Not only was she the close runner-up in the election held ten months
ago, she has been fully vetted by the voters in District 1. Tracy Carmichael has deep civic roots in Carlsbad, served two terms
on the CUSD board, owns a business in Carlsbad, and is the Director of the Carlsbad Christmas Bureau. She is a 32-year resident
who attends council meetings regularly, and spends a lot of time engaging District 1 residents and businesses to build a better
community.
PLEASE make the appointment, DO NOT go to Special Election, it's our money you are spending and in this case it's not
necessary
Chandler Wiegand
Carlsbad CA 92009
1
Kaylin McCauley
From:
Sent:
To:
Subject:
Karen
Wednesday, October 16, 2019 7:27 PM
Council Internet Email
Constituent Input
Dea'r Carlsbad City Council Members:
As a resident of Carlsbad, District 3, I urge you each to follow the municipal code by making an appointment to the current
open City Council seat.
Elections are costly. The first step in the process is for the Council to appoint a person to a vacant seat. As necessary, the
council should initiate the appointment process by setting criteria and qualifications. If you wish to appoint now, I request that
you consider appointing Tracy Carmichael to this seat. Ms. Carmichael was the very close runner-up in the election held (10)
months ago and she has been fully vetted by the voters in District 1.
Thank you for your attention to my request. Take care,
Karen
Karen Pearson
Carlsbad, CA 92011
1
Tammy Cloud-McMinn
From: City Clerk
Sent: Thursday, October 17, 2019 10:00 AM
To:
Subject:
Mia De Marzo; Tammy Cloud-McMinn; Sheila Cobian
FW: D1 Representation
Hello,
Please see the below Council Correspondence.
Thank you,
Hector Gomez
Deputy City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
www.carlsbadca.gov
760-434-5021 I hector.gomez@carlsbadca.gov
-----Original Message-----
From: Vickey Syage
Sent: Thursday, October 17, 2019 9:52 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>; Matthew Hall
<Matt.Hall@carlsbadca.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Priya Bhat-
Patel <Priya.Bhat-Patel@CarlsbadCA.gov>; Cori Schumacher
<Cori.Schumacher@CarlsbadCA.gov>
Cc: City Clerk <Clerk@carlsbadca.gov>; Celia Brewer <Celia.Brewer@carlsbadca.gov>; Scott
Chadwick <Scott.Chadwick@carlsbadca.gov>
Subject: Dl Representation
Dear Mayor and City Council,
Please pass a resolution at your next Council meeting on Tuesday, Oct 22nd to call for a
District 1 special election to replace Barbara Hamilton's position on City Council as part of the
March 3, 2020 CA primary election.
It is the most fiscally responsible approach. Please do not wait and miss the deadline. The
financial impact will be minimal.
1
Let's be honest here -there's no way this Council (or any Council for that matter) can appoint
someone who will appease 80% or more of the voters. It just isn't going to happen. You know
as well as I do, all it takes is 10% of the registered voters to force this election. It's NOT a good
look for this body to deny its constituents the right to vote. That ends up being very expensive
as we all know. People in Carlsbad vote. We like to do it. We show up. We vote .. And we
gracefully live with the results.· We don't, however, like being told we can't vote, when the law
permits us to do so.
So, please -be fiscally responsible, and ethically responsible, and call the election as part of
the March 3rd CA primary. As a taxpayer, I don't want to end up paying for a special election
with a cost of up to $300K, but I will, because the right to vote is priceless. Throughout
history, so many have died defending it. Do the right thing. Call the vote. And let the
residents of District 1 choose their Council member for the next 3 years. Thank you.
Respectfully,
Vickey Syage
2
Sheila Cobian
From: City Clerk
Sent: Thursday, October 17, 2019 10:54 AM
To:
Subject:
Mia De Marzo; Tammy Cloud-McMinn; Sheila Cobian
FW: Special Election
Hello,
Please see the below Council Correspondence.
Thank you,
(city of
Carlsbad
Hector Gomez
Deputy City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
www.carlsbadca.gov
760-434-5021 I hector.gomez@carlsbadca.gov
From: Council Internet Email
Sent: Thursday, October 17, 2019 10:49 AM
To: City Clerk <Clerk@carlsbadca.gov>
Subject: FW: Special Election
From: Carolina Alban
Sent: Thursday, October 17, 2019 9:42 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Special Election
Dear Carlsbad City Council,
I hope this email finds you well. First and foremost, I would like to thank you so much for all the wonderful things you do
for the residents in Carlsbad.
I am a proud resident of District 1 and received with sadness the news that our councilmember, Barbara Hamilton, was
stepping down due to a family member's health. I wish her the very best and hope she can spend much needed time
with her family.
I believe that the best way to find her successor would be to call for an special election, quickly, preferably at the Oct.
22nd City Council meeting. There are still three more years to fill Mrs. Hamilton's term and as you all know, District 1 is a
very civically engaged district in Carlsbad.
1
Based on information distributed by the city, it is my understanding that adding the special election to the March 3
primary would cost between $7,000 and $19,000, which would be significantly less than what it would cost to have it
later in April.
Furthermore, as I mentioned earlier, District 1 has a lot of residents who are extremely passionate about our wonderful
city! I am sure, there are many people who are able, willing and perfectly qualified to run for Mrs. Hamilton's seat.:-)
The last election showed how much residents of our city have become civically engaged. The March 3 primary including
a special election, would keep that momentum going.
Thank you so much for reading my email and taking my thoughts into consideration. And once again, thank you so much
for working so hard to serve us and making our city an amazing one!
With sincere gratitude,
Carolina Alban-Stoughton
2
Mia De Marzo
From:
Sent:
To:
Subject:
Hello,
Another Council Correspondence.
Thank you,
(City of
Carlsbad
Hector Gomez
Deputy City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
. Carlsbad, CA 92008-1949
www.carlsbadca.gov
City Clerk
Thursday, October 17, 2019 2:09 PM
Mia De Marzo; Tammy Cloud-McMinn; Sheila Cobian
FW: Process 'for Distri-ct 1 Council member
760-434-5021 I hector.gomez@ca rlsbadca.gov
From: Council Internet Email
· Sent: Thursday, October 17, 2019 1:47 PM
To: City Clerk <Clerk@carlsbadca.gov>
· Subject: FW: Process for District 1 Councilmember
.
From: Kris Wright <
Sent: Thursday, October 17, 2019 1:16 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Process for District 1 Councilmember
Greetings Mayor and Councilmembers,
All Receive -Agenda Item# fr
For the Information of the:
CITY~QUNCIL
Date ~t A ~cc ~
CM _:J COO _:f}.DCM (3))£_
I'have given great thought to how we should proceed now that we are down one council member. Given the
politics of our council, I believe the best way to resolve what is most likely an impasse, is to not appoint a .
replacement for Barbara Hamilton but have a District 1 vote for March 3.
I say this because I have listened to the Mayor who has said multiple times that it takes a "long time" to "come
up to speed" for new council members to get adjusted and get used to the new system. It is the fairest system
to aliow the voters of District 1 to have a vote on March 3rd. Costs for an election on that date is minimal, and
if the council acts prudently, we can save a lot of money for election costs. In fact, I believe that the council
would have to contact the ROV by Nov. 1 O in order to have a vote on March 3, 2020.
As I check the calendar of council meetings, there is only one more date (October 22) for the D1 Vote to occur
on March 3rd. The next City Council meeting will be Nov. 12, just TWO days after the deadline for the March
. 1
3rd election. With the holidays approaching, many city council meetings will be cancelled, so any appointment
doesn't really make sense.
I am hoping the entire council will feel as I do, that a prudent election would be the best for Carlsbad, on March
3rd.
Thank you for your consideration.
Regards,
Kris
Carlsbad, CA
Kris Wright
2
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, October 17, 2019 3:02 PM
City Clerk
Subject: FW: District 1 -Request Authorized Distrct Election
From: Patricia Amador
Sent: Thu rsday, October 17, 2019 2:42 PM
To: Matthew Hall <Matt.Hall@carlsbadca.gov>
Cc: .Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Fwd: District 1-Request Authorized Distrct Election
Dear Mayor Hall
As per my email sent to the City Council, I am requesting the City Coucil and yourself authorize an election for the now
vacant Council seat for Distrct 1.
It is my understanding that the cost of an election early next year will be at a significantly lower cost than a
postponement for later in the year.
District 1 is at a critical point in the development of the Village, Barrio and the coastal areas.
Thank you for supporting citizen interest in Dl.
Regards
Patricia Amador
92008
----------Forwarded message ---------
From: Patricia Amador
Date: Thu, Oct 17, 2019, 2:20 PM
Subject: District 1 -Request Authorized Distrct Election
To: <Council@carlsbadca.gov>, <mayor@carlsbadca.gov>
Cc: Celia Brewer <Celia .Brewer@carlsbadca.gov>
Dear Counci and Mayor
As you are very aware, many of us volunteered last year to elect a representative for Carlsbad's District 1.
The campaign was hard work for many of us for the critically important areas of the Village, Barrio, Coastal and
surrounding areas of Dl.
I request that the City of Carlsbad hold an election as soon as possible to elect a representative for District 1.
1
An election as soon as possible will reduce the cost to the City and enable citizens to seat our representative within a
short period oftime.
I look forward to learning of the critical election held as soon as possible.
Kind regards
Patricia Amador
Lincoln Street
92008
2
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, October 17, 2019 3:03 PM
City Clerk
Subject: FW: City Council District 1 seat vacancy
From: Chris Cereghino
Sent: Thursday, October 17, 2019 1:48 PM
To: Council Internet Email <CityCouncil@carlsbadca .gov>
Subject: City Council District 1 seat vacancy
Hello Mayor and City Council Members:
The City Council District 1 seat is vacant. There are 3 years remaining on the term.
Please approve a Resolution at the Oct. 22nd City Council Meeting to call for a D1 election for the remaining 3 years of
the D1 City Council position, to be held as part of the March 3, 2020 Primary Election.
Thank you,
Chris Cereghino
Carlsbad Resident
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, October 17, 2019 4:10 PM
City Clerk
Subject: FW: Vacant City Council Seat
From: James Brubaker
Sent: Thursday, October 17, 2019 3:54 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: RE: Vacant City Council Seat
Dear City Council,
I am totally in favor of the Council doing their duty and appointing a replacement, and
am totally opposed to the idea of a special election as a result of Barbara
Hamilton's resignation. For all prior vacancies in my 35 years residing in Carlsbad,
the council has appointed a replacement. A special election would be
unprecedented and costly.
And, it is obviously clear that the most just and fiducial resolution for all of Carlsbad is
to appoint Tracy Carmichael for the remainder of the term: her qualifications and
curriculum vitae are impeccable, her activities and total involvement in Carlsbad is
undeniable and incredible; and she was the 2nd runner up in the District 1 election and
was winning comfortably until a slew of dubious provisional ballots were counted. She
is well known, well respected, and would be the best appointment for the Council to
make, and with her knowledge and experience, she can immediately step into the
council seat without the Council missing a beat..
In case you aren't clear on my position, I am OPPOSED to a special election being
held when the reasonable, obvious answer is the appointing of the most qualified
candidate, Tracy.
Thank you for your consideration.
James L Brubaker, CIC, CRM
Brubaker &: Associates
Independent Insurance Specialists
2585 Pio Pico
Carlsbad CA 92008
Phone (760) 729-1800 Fax (760) 729-1380
Visit us online: www.brubakerassociates.com
1
This E-mail is covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and is legally privileged. This information is confidential
information and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error,
please notify us immediately by replying to this message and deleting the material from any computer.
2
Hector Gomez
From:
Sent:
To:
Subject:
-----Original Message-----
. Council Internet Email
Friday, October 18, 2019 2:26 PM
City Clerk
FW: No appointments. I demand an election
From: Cynthia DeCuir
Sent: Friday, October 18, 2019 1:43 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: No appointments. I demand an election
Dear Council,
Al/ Receive
For the I ~ Agenda Item II 6'
n ormation of the-:-
CITY COUNCIL •
Date!Jl!.ff/lJ.CA )(
CM ...)£coo -x--CC~
~DCM(3)_}C
With the retirement of elected council member Barbara Hamilton, I demand that a proper election be held for
her replacement. Any random appointment without an election will be regarded as a violation of the rights of Carlsbad's
electorate.
Thank you,
Cynthia and Laurence DeCuir
Carlsbad, CA 92008
1
Hector Gomez
From:
Sent:
To:
Subject:
Jan Bandich
Friday, October 18, 2019 9:28 AM
Council Internet Email; City Clerk
Council Vacancy
AIIR · ece,ve -Agenda Item# &
For the Information of th;--
CITY COUNCIL •
Date l(Jl1e~rcA 'X'
CM v--~ -CC X--
....!l_ COO _2£ DCM (3 ;--x--
I think it has become very clear in the last few years that the citizens of Carlsbad expect to1'mve a
voice in their local government, as is appropriate to a democracy and a Charter City. Filling the
current vacancy for the D-1 Council member through a voting process, especially with a 3-year term
to fill, is appropriate and necessary. Appointing someone to fill the vacancy is fraught with frustrated
and distrustful citizens and expensive outcomes.
Please approve a Resolution at the 10/22/2019 Council Meeting to call for a D1 election for the
remaining 3 years of the D1 City Council position, to be held as part of the March 3, 2020 Primary
Election.
Thank you,
Jan Bandich
Carlsbad Citizen D-1
May you always have: Love to share, Friends who care, and Health to spare.
1
Hector Gomez
From:
Sent:
To:
Subject:
-----Original Message-----
Council Internet Email
Friday, October 18, 2019 9:10 AM
City Clerk
FW: Vacancy on the city council
From: Lawrence Posner
Sent: Friday, October 18, 2019 9:09 AM
Al/ Receive -Agenda Item 14 B
For the Information of the-: -
CITY COUNCIL
Date IPftj!vcA L cc X
CM ~ COO ~ DCM (3) K_
To: Priya Bhat-Patel <Priya.Bhat-Patel@CarlsbadCA.gov>; Keith Blackburn <Keith.Blackburn@carlsbadca.gov>; Cori
Schumacher <Cori.Schumacher@CarlsbadCA.gov>; Council Internet Email <CityCouncil@carlsbadca.gov>
Cc: Attorney <attorney@CarlsbadCA.gov>; Manager Internet Email <Manager@CarlsbadCA.gov>
Subject: Vacancy on the city council
Mayor Matt Hall and Carlsbad City council
My wife and I are urging all of you to follow the municipal code by making an appointment. (Elections are costly!, and
the first step in the process is for the coundl to appoint someone to a vacant the seat.) As necessary, the council should
initiate the appointment process by setting criteria and qualifications.
My wife and I strongly suggest that the council should consider appointing Tracy Carmichael to this seat. Not only was
she the close runner-up in the election, by only 250+ -held ten months ago, she has been fully vetted by the voters in
District 1.
Thank you all for your attention to this matter
Larry & Katie Posner
Carlsbad, CA.
"Nothing sucks more than that moment, during an argument, when you realize you're wrong!"
1
Kaylin McCauley
From:
Sent:
To:·
Subject:
Sent 10/17/19
Sent from my iPad
City Council Members;
Penny Johnson
Thursday, October 17, 2019 6:05 PM
Council Internet Email
District 1 election /\II Receive _ A
For the In~ genda Item II 8
orrnation of th -:--CITY CO e.
Date ~ C UNCfL
CM -k coo 'k"A-.K cc ~
-DCM(3) )<'"
~
If the CMC had been updated in a timely manner to reflect the transition to district elections of city council members, this issue
of voting or appointing to fill a CC vacancy would not have come into question. Expediency in updating the CMC is an
important component of efficient government.
An election for a district 1 rep. would be in keeping with democratic principles.
Please use the 10/22 CC meeting to uphold this principle and allow the election in March at a nominal expenditure versus a
later election which would be exponentially more expensive.
An earlier election would be a small price to pay to uphold the democratic process of voting.
Thank you for your attention!
Penny Johnson
42 year resident in District 1
92008
1
Kaylin McCauley
From:
Sent:
To:
Subject:
Beatrice Shushan <
Thursday, October 17, 2019 6:37 PM
Council Internet Email
Election please.
Please let's have an election to fill the newly vacant seat on Carlsbad City Council.
Thank you,
Beatrice Shushan
Carlsbad
1
All Receive -Agenda /Lem II $
For the Information of the--:--
CITY COUNCIL .
C Date~ CA _x__ CC X"
M _2s__ COO ~ DCM (3) ')(
Ka lin McCaule
From:
Sent:
To:
Subject:
Dear council members,
John Forester
Thursday, October 17, 2019 6:40 PM
Council Internet Email
City council vacancy
Thank you for your service, my family and I appreciate what you do.
All Receive -Agenda Item # ~
For the Information of the~
CITY COUNCIL
Date /11/11/l'1 CA >( CC )(
CM L COO ~ DCM (3) ),{
I've lived in Carlsbad since 1971, attending Pine, Valley and CHS class of 1980. My wife Julie and I live on Ocean street. Our
daughters also live and frequent the village restaurants and shops several days a week.
We're deeply concerned with our great city currently being down one council member and our village having no
representation.
The homeless issue is out of control in the village and needs to be rectified quickly or we will soon be just like San Francisco
and other California cities.
Now is the time! . .
I urge you all to please fill the village seat immediately.
Kind regards,
John Forester & family
Sent from my iPhone
1
Kaylin McCauley
From:
Sent
To:
Subject:
Valerie Jahan
Thursday, October 17, 2019 7:14 PM
· Council Internet Email
Vote
I live in district 1 { ) and request that we be allowed to vote for Barbara Hamilton's replacement. My husband,
Michael Jahan, also requests for a vote by the citizens be held. Thank you. Valerie Jahan,
Sent from Valerie's iPhone
1
All Receive -Agenda Item# I
For the Information of th;-
CITY COUNCIL
Date 10;,1 /1• CA "J( _cc X
CM -X_coo~DCM(3~
Kaylin McCauley
From:
Sent:
To:
Subject:
William Pearse
Thursday, October 17, 2019 8:44 PM
Council Internet Email
District 1 Councilor should be chosen by citizen vote
Councilors Bhat-Patel, Schumacher, and Blackburn, and Mayor Hall;
All Receivt! -Agenda Item # _[_
For the Information of the:
CITY COUNCIL
Date /0/17/!'1 CA _l( CC x_
CM -2L C00 _2s::DCM(3) X
When citizens exercise their voting franchise, polity strengthens 'cuz discussion and civic interaction build commitment for
action. Community fathoms context, direction, and favors leadership: Council identity, integrity enhanced.
Alternately, if Council franchise themselves to appoint replacement D1 Councilor, integrity is profoundly suppressed. Until end
of term, any bare majority vote consisting of two elected plus one appointed would corrode trust and negate voter
sovereignty.
We held an election a year ago, but much has happened since!
Without delay, approve a resolution for election by the voters of D1 to replace their Councilor for term. Serve notice to
potential candidates, show D1 voters they are necessary to build a whole Council, keep all of Carlsbad proud .
... and thank you for your service,
William Pearse, D3 voter
1
Hector Gomez
From:
Sent:
To:
Subject:
robert gilbert
Thursday, October 17, 2019 9:15 PM
City Clerk
Open Council seat
Please put this to a vote of Carlsbad citizens. Thank You RJ Gilbert 63 yr resident of Carlsbad
Sent from Mail for Windows 10
1
All Rece,·v e -Ag d For the I ' en a Item II 8 n,orrn,,t· -"' ion of th CITY cou e:
Date JolqlJ~ NC/L
CM x;~-CA -X_cc X ~ Coo ',( De . -
Mia De Marzo
From:
Sent:
To:
Subject:
Hello,
Another Council Correspondence.
Thank you,
(City of
Carlsbad
Hector Gomez
. Deputy City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
www.carlsbadca.gov .
City Clerk
Thursday, October 17, 2019 4:58 PM
Mia De Marzo; Tammy Cloud-McMinn; Sheila Cobian
FW: Election Request to Fill D1 City Council Vacancy
760-434-5021 I hector.gomez@carlsbadca.gov
From: Council Internet Email
Sent: Thursday, October 17, 2019 4:55 PM
To: City Clerk <Clerk@carlsbadca.gov>
Subject: FW : Election Request to Fill Dl City Council Vacancy
From: T. j. Childs
Sent: Thursday, October 17, 2019 4:49 PM
All Receive -Agenda Item# 6
For the Information of th;-
CITY COUNCIL
D11te 1Pft~/19 cA K cc ~
CM :>< cog X: Q[M '3}
To: Council Internet Email <CityCouncil@carlsbadca .gov>; Cori Schumacher <Cori.Schumacher@CarlsbadCA.gov>; Priya
Bhat-Patel <Priya.Bhat-Patel@CarlsbadCA.gov>; Keith Blackburn <Keith .Blackburn@carlsbadca.gov>; Matthew Hall
<Matt.Hall@carlsbadca .gov>
Subject: Election Request to Fill Dl City Council Vacancy
Dear Mayor and City Council Members
I am writing to implore the Carlsbad City Council to vote to hold an election to fill the vacancy for the District One City
Council Seat; that has arisen from Barbara Hamilton's Departure. Ms. Hamilton had 3 years plus left on her term after her
departure. Holding an election vice appointing someone would be the best way to embrace the democratic process and
give D1 residents a voice in who represents them.
If the City Council voted for this option during the 22 Oct 2019 City Council meeting, citizens who reside in D1 will be able
to vote for their representative during the 3 Mar 2020 election. This is an extremely low-cost way to "support" the voting
process.
1
If past elections act like a precedent for future elections it should take approximately 30 days to certify the election
results. Which means the 3 March 2020 election should be certified by 6 April 2020 an the D1 winner could be sworn in
during the next City Council meeting.
Please, Please , Please vote to hold an election to fill the vacant D1 council seat. D1 residents need and deserve to have
a direct say into who will represent them.
Sincerely,
T. J. Childs
D1 resident on Madison St.
2
Hector Gomez
From: Council Internet Email
Sent:
To:
Monday, October 21, 2019 3:40 PM
City Clerk
Subject: FW: District 1
From: Aarti Totlani
.Sent: Monday, October 21, 2019 3:28 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: District 1
Please have voters choose their new representative for District 1. Thank you.
Sincerely,
. Aarti T otlani
Carlsbad
1
/\II Receive -Agenda Item II 8
For the Information of the--;--
CITY COUNCIL
Date .!!jll/tf CA -1r_ cc X
CM )< COO y DCM (3) X:
Hector Gomez
From:
Sent:
To:
Cc:
Subject:
Laura Cunningham <
Monday, October 21, 2019 3:42 PM
Council Internet Email; Council Internet Email
/\II Receiv
For the ~ -fAgenda /tern II 8
n orrnatio -CITY . n of the: D • COUNq,
matthall@carlsbadca.gov; matthall@carlsbadca.gov; corischumacher@carlsbadca.gov;
corischumacher@carlsbadca.gov; keithblackburn@carlsbadca.gov;
keithblackburn@carlsbadca.gov; priyabhatpatel@carlsbadca.gov;
priyabhatpatel@carlsbadca.gov; City Clerk; City Clerk
D1 Council Member -Let the people vote!
Hello, I am a twenty-nine year resident of District 1, and I support a special election, to be held in March 2020! I deserve
the right to choose my representation on the City Council. I believe that the voice of the people is the only voice that
matters. It saddens me that I have to request that RIGHT from the City Council!
District 1 is unique, and has different issues than the other districts in the City. They also have issues that are important
to them, and I am glad that they have a dedicated voice on the Council to represent them. The various neighborhoods
and personalities of areas in Carlsbad are part of what make our city the best place to live!!!! It is why our amazing "Jazz
in the Park" travels to different venues throughout the city, bringing pleasure to all of us. How much more important is
that when our Council is considering issues and enacting legislation that will affect our District 1! It is unacceptable to
have our voice (and our vote on important matters) silenced!
I hope the City Council will show wisdom on October 22, and vote unanimously to allow District 1 to elect its own
representative to the Council. Holding that election on March 3, 2020 will save the City money, and will also allow "we
the people" to be represented much sooner. I thank you for your work on our behalf, and for listening to our voices!
Laura Cunningham
, Carlsbad, 92010
All Receive " Agenda Item # g
For the Information of the~
CITY COUNCIL
Date /O/ltjtfcA .15._ cc _l!
CM JL. COO _'KDCM (3) x._
Hector Gomez
From:
Sent:
To:
Subject:
Council Internet Email
Monday, October 21, 2019 3:26 PM
City Clerk
FW: Make an Appointment
From: Ray Pearson
Sent: Monday, October 21, 2019 3:21 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Fwd: Make an Appointment
-----Original Message-----
From: Ray Pearson
To: council <council@carlsbadca.go>
Sent: Mon, Oct 21 , 2019 3:16 pm
Subject: Make an Appointment
Dear Carlsbad City Council Members:
All Receive -Agenda Item#_!..
For the Information of the:
CITY COUNCIL
Date IO/LI f 'cA ..x_ cc )[_
CM ~coo ..Y._ocM (3) -,<
As a resident of Carlsbad, District 3 and an elected school board member of CUSD I urge you each to follow the municipal code by
making an appointment to the current open City Council seat.
Elections are costly and time consuming to tax payers. The first step in the process is for the Council to appoint a person to a vacant
seat. As necessary, the council should initiate the appointment process by setting criteria and qualifications. If you wish to appoint now,
I request that you consider appointing Tracy Carmichael to this seat. Ms. Carmichael was the very close runner-up in the election held
(10) months ago and she has been fully vetted by the voters in District 1.
With many critical issues that impacts the City, an appointment is important to provide continuity to the Council.
Thank you
Ray
Ray Pearson
Carlsbad, CA 9201
1
At the October 22 City Council meeting we request that you call for an election to
fill the vacant District 1 position. The election should be held with the Ca.
Primary on March 3, 2020 to minimize cost and maximize voter participation. Thank
You
Mike Jahan, Valerie Jahan, Carlsbad.
All Receive -Agenda Item # __2__
For the Information of the:
CITY COUNCIL
Date IO /:JI /l'f CA ]L CC _1L
CM ~COO _Jc DCM(3}~
Hector Gomez
From: Council Internet Email
Sent:
To:
Monday, October 21, 2019 1 :39 PM
City Clerk
Subject: FW: I'm for Tracy
From: George Tye
Sent: Monday, October 21, 2019 1:26 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: I'm for Tracy
Dear Mayor Hall and City Council,
Please appoint Tracy Carmichael to the City Council to fill in for Barbara Hamilton. This would obviate the need for a
special electi.on and Tracy was a very close runner up in the last contest.
Thank you for your attention to this request.
Sincerely,
George and Diane Tye
Carlsbad, CA 92011
1
Hector Gomez
From:'
Sent:
To:
Subject:
Council Internet Email
Monday, October 21, 2019 1 :42 PM
City Clerk
FW: Council seat for District one
From: Ranee Kozlowski
Sent: Monday, October 21, 2019 1:41 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Council seat for District one
All Receiv e-Ag For the I ~ enda Item II fi
C n orrnat/on of th -:-/TY Cou e. Date ~• NC,t
CM~coo ~-1:cc~
-DCM(3) )("'" -
As a resident of District one I urge you to approve a Resolution at the Oct. 22 City Council Meeting to call for an election
for the remaining 3 years of the 01 City Council position, to be held in conjunction with the March 3, 2020 CA Primary
Election.
We deserve to have a vote in representation of our district.
Ronee and Bob Kozlowski
Dr.
Sent from my iPad
1
Hector Gomez
From:
Sent:
To:
Sheila Cobian
Monday, October 21, 2019 11 :59 AM
Hector Gomez
Subject: FW: For Consideration for District 1 Vacancy : City Council Meeting 10-22-19
Item #8
From: Felicia Hansen [mailto:f
Sent: Monday, October 21, 2019 11:26 AM
All Receive -Agenda Item # &
For the Information of the~
CITY COUNCIL
Date I0/21p, CA )( cc X
CM ~COO .J(_ocM (3) ,<
To: Council Internet Email <CityCouncil@carlsbadca.gov>; Scott Chadwick <Scott.Chadwick@carlsbadca.gov>; Sheila
Cobian <Sheila.Cobian@carlsbadca.gov>
Subject: For Consideration for District 1 Vacancy: City Council Meeting 10-22-19
TO: All Council Members
As an involved Carlsbad resident, I'd like to share my thoughts about the vacancy for that was created by Barbara
Hamilton.
The Council has several options:
1. Appoint new member or
2. Special Election.
One of my reasons for I love Carlsbad is because this City has been a good steward of financial resources and not
wasteful with tax payer money. So a election will be very costly and an a waste of taxpayer money that could be allocated
to other more important causes. An appointment is best for the citizens and I would hope that this is where the council
can come together and show up with a united front instead of special interest.
With that said, the City Council has a vetting process that an appointed candidate would need td meet; including
knowledge of city operations, current issues for taxpayers, and having enough experience to have a vision for the future of
our community.
As an involved and concerned resident, I attend Council meetings. I'm also aware that Tracy Carmichael attends all the
local meetings, as well as Sandag meetings to keep herself informed on the big picture as well. When she ran for District
1, it was very close, back and forth for a month before the final tally. This shows she has the support and respect of many
voters; and has already been vetted for her leadership and commitment to Carlsbad.
Tracy gives her time, energy and heart to Carlsbad. She is involved in many Carlsbad civic outreach programs which
means she actually walks the talk!
Being open minded, Tracy would be the type of member who would work with all for the best outcome of Carlsbad on all
issues, without any special self-serving interest. Her leadership style is important for our city as she's listener, learner and
researcher when looking at issues to make an informed decision.
I am asking that the Council kindly consider appointing Tracy Carmichael to District 1 for the good of our entire City. With
her expertise, this would be a wise decision and would avoid wasting taxpayer dollars on an expensive special elections.
Thank you for your consideration,
Felicia Hansen
Carlsbad, CA 92011
lntegr"ty -It's what Y. u do when nobody is looking !
1
Hector Gomez
From:
Sent:
To:
Subject:
Suzie Thorley
Monday, October 21, 2019 11 :53 AM
Matthew Hall; Council Internet Email; City Clerk; Attorney; Manager Internet Email
Vacant Council Position
Mayor Hall and Council Members,
I urge you, city council, to call for an election to fill the open position on council. The voters will call
for an election if you appoint. By appointing you will only delay the process and cost the city dearly.
Residents deserve the right to vote on who they want on
Council!
Respectfully,
Suzie Thorley
Carlsbad Resident
1
All Receive -Agenda Item # ~
For the Information of the--:--
CITY COUNCIL
Date lo)~/,, CA x._ CC >(
CM .E_C O X" DCM (3) )('
Hector Gomez
From:
Sent:
To:
Subject:
Council Internet Email
Monday, October 21, 2019 11 :22 AM
City Clerk
FW: District 1 Election -10/22 Meeting #8
From: Stephanie Wells
Sent: Monday; October 21, 2019 11:21 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: District 1 Election -10/22 Meeting #8
Good Morning Mayor and City Council,
All Receive -Agenda Item II g_
For the Information of the:
CITY COUNCIL
Date io/21/!)cA 15_ cc K
CM .K_ coo K DCM (3)~
I am asking that you approve the Resolution to call for a special election for the remaining 3 years of the D1 Council
position. The citizens of D1 are calling for this action to be taken. By taking this action now, the city can make the
deadline and get this on the March 3, 2020 ballot. If this action is not taken, the citizens will submit a petition and that
could end up costing the city between $175,000-$300,000.
Calling for an election is in the best interests of the city and the citizens. We the people should have a choice in who
represents us. The voters should choose. I urge the council to move forward with this Resolution and look forward to
voting for who will represent us on the March 3, 2020 ballot.
Thank you for your time and consideration,
Stephanie Wells
, Carlsbad, CA 92008
1
Hector Gomez
From:
Sent:
To:
Subject:
-----Original Message-----
Council Internet Email
Monday, October 21, 2019 9:56 AM
City Clerk
FW: District 1 vacancy
From: Kathryn L Antonacci
Sent: Monday, October 21, 2019 9:37 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: District 1 vacancy
Dear City Council Members,
/\II Heceive -Agenda Item# <ii
For the Information ofth;-
CIJY COUNCIL
Date !...Q/Ltj!icA )( cc X
CM x coo -2("DCM (3) K
My name is Kathryn Antonacci and I have lived at and owne.d Lane in Carlsbad since 1994. As a resident of
District 11 felt compelled to write today regarding the upcoming vote regarding how the vacancy in our district will be
filled. I am currently out of town and unable to attend to council meeting personally.
I feel it is imperative that the citizens in this district be allowed to vote on our replacement so that our needs be fairly
represented on the council. With 3 years left in the term for this seat, we need to feel our voices are heard and
represented. Please vote to put this on the ballot for the least cost to the city and taxpayers. I believe that the citizens
of this district will demand this right if the council chooses to appoint someone for us and there has been enough
conflict here lately.
Please allow us to vote for our District 1 replacement!
Sincerely,
Kathryn Antonacci
Carlsbad, CA 92008
Sent from my iPhone
1
Kaylin McCauley
From:
Sent:
To:
Subject:
simon angel
Sunday, October 20, 2019 8:32 AM
Council Internet Email; Celia Brewer; Scott Chadwick
City Council Meeting 10/22/2019
I am submitting an amended proposal as an ordinance which can take effect immediately under Section 36937{a) of the
Government Code without the 30 day period after the final reading.
1
All Receive -Agenda Item# f
For the Information of the~
· CITY COUNCIL
Date lo/ti /If CA ~ cc ')(
CM .K_ COO JC DCM (3) )(
Kaylin McCauley
From:
Sent:
To:
Subject:
Attachments:
simon angel <
Sunday, October 20, 2019 9:10 AM
Council Internet Email; Celia Brewer; Scott Chadwick
Meeting 10/22/2019 AMENDED PROPOSAL
Scanned items030Jpg; Scanned items031Jpg
This amended proposal recognizes the provision under GOVERNMENT CODE, TITLE 4. Government of Cities, CHAPTER 2
Ordinances, Article 2. Enactment, Section 36937. This section provides in relevant part ... "Ordinances take effect 30 days after
their final passage. An ordinance takes effect immediately, if it is an ordinance:
(a) Relating to an election." ...
This proposal is intended to promote the discussion to address and resolve the issues that have been raised by the current
situation. It is not a perfect solution but the hope is that it will engender discussion, ideas, and compromise. Putting aside
partisan politics, personal political aspirations and personal prejudices and bias from all q1,1arters hopefully we can come
together on this not only for the present but also for the future.
Simon Angel
1
Tyler Street
Carisbad, CA 92008
Date: October 20, 2019
. TO: Carlsbad City Councll, Cella Brewer/ City Attorney
FROM: Simon Angel/ BCCA
Reference: AMENDED PPROPOSAL
October 22, 2019 City Council Meeting/ Proposal to address
Vacancies and Electlons In Established Electoral Districts
. We are submitting this proposal to attempt to mitigate and hopefully avoid the
discord and rancor that the matter of a vacancy in District 1 has generated. To
that end and recognizing that no proposed solution may be accepied by aii
and that the potential of legal liability for the City remains high, nonetheless
we offer the following addition to the Carlsbad Municipal Cocle(CMC), 2.04.080, ·
Establishment of city council electoral districts adding a Section F
designated as Vacancies and Elections In Established Electoral Districts.
Section 36937(a) of the Government Coda provides us with an opportunity to
address and resolve the Issues we are facing by enacting an ordl.nance that
will take effect immecllately._We propose that the added Section F state as
follows;
"This Section shall apply only to established electoral districts that have
seated a representative through the electoral process and has been
subsequently vacated and shall not be applicable to existing at-large
representatives and it shall not be subject to the provisions of 2.04.030 of the
CMC. Recognizing the Importance of maintaining seamless representation for
electoral districts under the California Voting Rights Act (CVRA) when a
sitting c-ouncll member provides notice of Intent to resign on a date certain or
a vacancy takes place by some other circumstance the City of Carlsbad shall:
' 1. After 72 hour~ from the notice or actual vacancy, the City shall .make a
public announcement noticing the intended or immediate vacancy and
shall provide a period of not less than 14 days for any resident of the
appropriate district to submit their name for consideration to
appointment to that seat.
2. The City Council may, at its discretion proceed to;
a. Appoint a resident to fill the remaining term of office provided that
there is less than 2 years left in the term.
Pagel of2
b. Call for an election at the next available National, State or County
anticipated election provided that there are 2 or more years left in
the term.
c. Appoint a resident on an interim basis and call for an electlon as
provided in 2.b to insure seamless representation of a District. An
interim basis appointee shall not be a candidate or party to an
election under 2.b. An interim basis appointee shall serve only until
an election has been conducted, the results of the election have
been certified, and the representative has been seated.
3. Upon a petition by 10% of verified voters within the district received by
the City Clerk the City Council shall call for a special election to
address a vacancy in the event there is no anticipated National, State
or County Election within 6 months.
4. The intent of this ordinance is to insure seamless representation for all
electoral districts at all times and to provide the City Council with the
flexibility to address matters of representation through an orderly
process that serves the interests of the public."
Page 2 of2
Kaylin McCauley
From:
Sent:
To:
Subject:
Attachments:
Trudie Stapleton
Sunday, October 20, 2019 10:43 AM
Council Internet Email
Item 8 on October 22 agenda
Item 8 on October 22 agenda Consideration of Options to Fill the City Council District No. 1 Vacancy.docx
Dear Mayor and Council Members,
Please see attached letter regarding Item 8 on October 22 agenda: "Consideration of Options to Fill the City Council District No.
1 Vacancy"
Sincerely,
Trudie Stapleton
1
All Receive -Agenda Item U _B_
For the Information of the:
CITY COUNCIL
Date /()/2/f, CA K CC X
CM ~ COO ~ DCM {3) X
October 19, 2019
Dear Mayor and Council Members,
RE: Item 8 on October 22 agenda: "Consideration of Options to Fill the City Council District No.
1 Vacancy''
As a home owner and resident of Carlsbad for 33 years I am urging you to ·fill the City Council
Vacancy by "appointment".
Due to the cities' inability to meet existing demands, on March 12th the city council, adopted
resolution No 2019-030 which approved an increase in the workforce considered necessary to
effectively govern and run the city with the current workload.
To further increase this current workload with the turmoil related to one or possibly two
elections as well as not one but two new council members would be totally ludicrous and
irresponsible. In addition to this, holding any special election(s) will have a significant
unnecessary financial cost further wasting more taxpayer monies. Needless special elections to
fill this vacancy will affect the efficiency and effectiveness of our city council, city staff and the
city itself.
The recent incumbent beat her main opponent by a mere two percentage points. Her runner up
in the election is well known within her community. She is a 32-year Carlsbad resident who
regularly attends council meetings, and spends a great deal of time engaging residents and
businesses within District 1 to build a better community. This individual ,has deep civic roots in
Carlsbad, has served two terms on the CUSD board, owns a business in Carlsbad, and is the
Director of the Carlsbad Christmas Bureau. In short she is a seasoned well known and capable _
candidate for this opening and can hit the ground running with minimal impact on District One,
the city council and staff and our city.
In summary, the council has and should exercise the authority to fill this vacancy. I ask that you
do your job for all of the citizens of Carlsbad and not any special interest group or individuals
with hidden agendas.
Fill this vacancy with a qualified candidate at no expense, by appointment.
Sincerely,
Trudie Stapleton
Kaylin McCauley
From:
Sent:
To:
Shawn Vandenkolk
Saturday, October 19, 201912:l9 PM
Council Internet Email
All Receive A · -genda w, <:I -For the em11 -'L.
Subject: Fwd: Appointing new Council Member for District 1
Information of the·
CITY COUNCIL .
Date IOh/ I/If CA )(
Mayor Hall and Council Members,
CM \.--L::Lf'2 -CC X: ~coo -15.._ocM(3 )25::'
I am sending this follow up letter urging you to follow the municipal code by making an appointment. An election will be costly
and would be a waste of taxpayer dollars! Tracy Carmichael should be appointed to this position. She was an extremely close
runner up in the election held 10 months agb and has been fully vetted by the voters in Distrjct 1.
Elected officials are elected to make decisions in the best interest of the public. Tracy Carmichael has deep civic roots in
Carlsbad, has been a 32 year resident who attends council meetings regularly, and spends a lot of time engaging District 1
residents and businesses to build a better community!!
It is my hope all of you will be.able to come together and do what is best for our community because I am sick and tired of
seeing all the division!!
Thank you,
Shawn Vandenkolk·
Begin forwarded message:
From: ·shawn Vandenkolk
· Subject: Appointing new Council Member for District 1
Date: October 4, 2019 at-9:41 :44 AM PDT
To: council@carlsbadca.gov
Dear Mayor Hall and Council Members,
As a concerned Carlsbad resident I am very concerned about the division I see with City Council that may take
away from th'e on going issues and concerns regarding the Village and Barrio, and District 1 in general!! I
believe it needs immediate representation when Barbara Hamilton leaves her position at the end of the
month.
As a citizen of Carlsbad I will be extremely upset if you waste our tax dollars by holding a special election. We
had a very very close election less than a year ago.
I would hope the Council is wise enough and responsible enough to fill the position with the runner-up Tracy
Carmichael.
Tracy Carmichael has remained active and has proven she knows our commuhity, wants the best for our
community and listens to both sides of all issues. When Tracy lost the election, she did not go have a pity party
for herself .... she became even more active!! This shows her true character and her motives to make this the
best cbmmunity possible!
I do not feel the need to list off all she has done for the City of Carlsbad, because you all are well aware of her
involvement. However, please note I will be an extremely disappointed resident if you chose to hold a special
election wasting the city's money.
I hereby request that the City Council use its authority to appoint Tracy Carmichael to complete the term of
1
the seat being vacated by Ms. Hamilton. And thank you to Ms. Hamilton for serving our community. I know it
is a very difficult job.
Respectfully,
Shawn Vandenko_lk
·2
Kaylin McCauley
From:
Sent:
To:
Subject:
Barbara C. Campbell
Saturday, October.19, 2019 7:35 AM
Council Internet Email
Vacant city council seat
Mayor and Council members,
A// Receive -A
For the I ' genda !tern II 1
n,orrnati -C/Ty co on of the:
Date l!Jl!/!J_ UNCfL
CM ~coo :A¼cc X
-DCM (3)'K_
I am asking you to please approve a Resolution at the Oct. 22nd City Council Meeting to call for a D1
election for the remaining 3 years of the D1 City Council position, to be held as part of the March 3,
2020 Primary Election.
The City has estimated the cost for the March 3, 2020 option to be between $7.SK to $19.SK. If the City delays and misses the
deadline, an election would be held on April 14, 2020, and has been estimated to cost between $175K up to $300K - a HUGE
difference.
As a resident of D1 I demand a vote. Citizens live with enough decisions that the council makes, let the people decide on who
represents us.
Please don't waste our money anymore
Thank you
Barbara Campbell
92008
Sent from AOL Mobile Mail
Get the new AOL app: mail.mobile.aol.com
1
Kaylin McCauley
From:·
Sent:
To:
Subject:
> Dear council members,
>
Bob Sommers
Sunday, October 20, 2019 4:08 PM
Council Internet Email
Please fill our council seat now
> I've lived in Carlsbad since 1983. My wife Leslie and I live on Mimosa Drive with our 3 children. My first business was on Oak
Avenue next to the old Zeldas bookstore and we have been in business here the entire time. We have frequented the village
for the last 35 years.
>
> We're all very concerned about this great cities direction with regards to the homeless situation and the fact that we are
currently short one council member.
>
> The homeless iss_ue is out of control. Please see the lnstagram posts at @carlsbadwow for just a few examples.
>
> We need to take action now.
> I urge you all to please fill the vacant seat immediately.
>
> Thank you for your time, Bob Leslie Drew Sam Riley Sommers
Sent from my iPhone
1
/\II Receive -Agend(l Item# 9
For the Information of the~
CITY COUNCIL
Date /fl/11/19 CA K._ CC K
CM .2L COO JC_ DCM (3) ~
Ka fin McCaule
From:
Sent:
To:
Cc:
Subject:
Dear Council members,
Mary Frances
Sunday, October 20, 2019 7:46 PM
Council Internet Email
MFS1@aol.com
Vacancy at City Council
As an 18 year resident of Carlsbad, I wish to express my feelings toward the
vacancy present at Council.
I realize the options available to the Council -Appoint someone,
or go to Special Election. These seems to be the options available.
An election will be expensive for Carlsbad and I am sure none of us
want to cause unnecessary expenses.
The departure of Ms. Hamilton is unfortunate, I believe she
worked with the best intentions and will be missed. The Council
has a guideline the next candidate will have to meet. I would
expect these to include knowledge of Carlsbad operations,
directions for our future, current issues pertaining to all residence.
I attend many of these Council meetings and I have watched
Ms.Tracy Carmichael attend all of the meetings, including Sandag
meetings. She ran for office and was nearly elected so we know
she has the support of many voters and is already vetted by the voters.
I am an 8 year Community Emergency Response Team member,
I have seen Ms. Carmichael active in this area as well as many others.
I also believe she will work with 'all' the Council members, this is important
to have compliance between the members, listening to each others
views and opinions ..
Please consider Ms.Carmichael for the appointment to City Council
in District 1 and avoid a special and expensive election.
Sincerely,
Mary Frances Stanley
1
!\II Receive -Agenda Item # 8
For the Information of th;--
CITY COUNCIL
Date l(}jZI/J'f CA ')( CC )(
CM X coo ~ DCM (3) _y
Kaylin McCauley
From:
Sent:
To:
Subject:
Hello Council members,
Dave Hall >
Sunday, October 20, 201910:08 PM
Council Internet Email
Vacant seat in city council
First I would like to thank you all for your service and I appreciate the work you do.
All Receive -Agenda Item u &
For the Information of the~
CITY COUNCIL
Date /U/7 l/''cA X cc X
CM ~coo -15._ocM (3)'X
I am writing this email because I am concerned that the resent resignation will result in lack of representation of the village
area. This is a beautiful and vibrant area in our commun·ity and I do not want to see it under represented. There are issues
that impact the village community more directly, such as the large homeless issue that continues to grow on the streets of the
village.
I urge you to fill the vacant seat as soon as possible. Not replacing the seat would result in portions of the city not being
represented fairly.
Thank you
Dave Hall
The information in this email is confidential, and is intended solely for the addressee(s). Access to this email by anyone else is
unauthorized and therefore prohibited. If you are not the intended recipient you are notified that disclosing, copying,
distributing or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful.
1
Kaylin McCauley
From:
Sent:
To:
Subject:
Sam Ward
Monday, October 21, 2019 8:02 AM
Council Internet Email
District 1 vacancy
Good morning. My name is Sam award and I am a resident of council district one. I understand that the council has several
options I choosing to fill the council seat left vacant by Barbara Hamilton's resignation. However, the only good option is to
schedule a special election to be held during the March primary election.
Given the length of time left in the council term, rather than try to intuit the will of the voters and appoint a Councilmember,
the council should seek a vote of the people.
Scheduling the special election to be held during the March primary is (a) very cost effective, representing only a modest cost
compared to a council-only special election and (b) will encourage a higher level ofturnout than will a council-only special
election. Thus, I hope the council will vote to hold a special election on March 22, 2020.
Thank you.
Sam award
Carlsbad, CA 92008
Sent from my iPhone
1
All Receive -Agenda Item# ~
For the Information of th;-
CITY COUNCIL
Date !.!1!.!}tt CA .lS__ CC .tS_
CM ½.COO ~DCM(3) X
Hector Gomez
From:
Sent:
To:
Subject:
Attachments:
-----Original Message-----
Council Internet Email
Friday, October 18, 2019 2:36 PM
City Clerk
FW: Proposal District 1 Vacancy and CMC amendment
Scanned items028jpg; Scanned items029jpg
From: simon angel
Sent: Friday, October 18, 2019 2:32 PM
All Receive -Agenda Item # 3
For the Information of the--;--
CITY COUNCIL
Date /<I /'Bf'f CA __}(__ CC -2(
CM .x coo ~ DCM (3) K
To: Council Internet Email <CityCouncil@carlsbadca.gov>; Celia Brewer <Celia.Brewer@carlsbadca.gov>
Subject: Proposal District 1 Vacancy and CMC amendment
See Attachments
Simon Angel
1
Tyler Street
Carlsbad, CA 92008
Date: October 18, 2019
TO: Carlsbad City Council, Celia Brewer/ City Attorney
FROM: Simon Angel/ BCCA
Reference: October 22, 2019 City Council Meeting/ Proposal to address
Vacancies in Established Electoral Districts
We are submitting this proposal to attempt to mitigate and hopefully avoid the
discord and rancor that the matter of a vacancy In District 1 has generated. To
that end and recognizing that no proposed solution may be accepted by all
and that the potential of legal liability for the City remains high, nonetheless
we offer the following addition to the Carlsbad Municipal Cocle(CMC), 2.04.080,
Establishment of city council electoral districts adding a Section F
designated as Vacancies in Established Electoral Districts. We propose that
the added Section F state as follows;
"This Section shall apply only to established electoral districts that have
seated a representative through the electoral process and shall not be
applicable to existing at-large representatives and it shall not be subject to
the provisions of 2.04.030 of the CMC. Recognizing the importance of
maintaining seamless representation for electoral districts under the
California Voting Rights Act (CVRA) when a sitting council member provides
notice of an Intent to resign on a date certain or a vacancy takes place by
some other circumstance the City of Carlsbad shall:
1. After 72 hours from the notice or actual vacancy, the City shall make a
public announcement noticing the intended or immediate vacancy and
shall provide a period of not less than 14 days for any resident of the
appropriate district to submit their name for consideration to
appointment to that seat.
2. The City Council may, at its discretion proceed to;
a. Appoint a resident to fill the remaining term of office provided that
there is less than 2 years left in the term.
b. Call for an election at the next available National, State or County
anticipated election provided that there are 2 or more years left in
the term.
Page 1 of2
c. Appoint a resident on an interim basis and call for an election as
provided In 2.b to insure seamless representation of the District.
3. Upon a petition by 10% of verified voters within the district received by
the City Clerk the City Council shall call for a special election to
address a vacancy in the event there is no anticipated National, State
or County Election within 6 months.
4. The intent of this Section is to Insure seamless representation for all
electoral districts at all times."
Page 2 of2
Sheila Cobian
From:
Sent:
To:
Subject:
TO: COUNCIL MEMBERS
Barbara Sumner
Tuesday, October 22, 2019 7:46 AM
All Receive -Agenda Item # 0
For the Information of the:
CITY COUNCIL
Dat~CA ✓cc ,;_.
CM t-DCM t§j '--
Council Internet Email; Keith Blackburn; Sheila Cobian; Matthew Hall; Scott Chadwick;
priva.bhatpatel@carlsbadca.gov
Barbara Hamilton vacancy on Carlsbad City Council
It is my understanding the Council can either appoint a new member to fill Barbara's vacancy or have a special
election. I strongly support the appointment of Tracy Carmichael.
I so appreciate the way Carlsbad had been governed, with their budget always being in the "black", no wasteful
expenditures, etc. An appointment would alleviate a costly Special Election. And furthermore knowing Tracy and her
ideals, her leadership abilities, her involvement in the community and her concerns for all of Carlsbad, she is the ideal
Appointment.
I am very proud of being a resident of the City of Carlsbad. We need to continue on our road of the excellent operation
of our City. Please, Council members, give this your deep and thoughtful consideration and appoint Tracy Carmichael.
Thank you,
Barbara Sumner
1
Sheila Cobian
From:
Sent:
To:
Subject:
Importance:
Sheila Cobian
Tuesday, October 22, 2019 10:52 AM
'Nelson Hope'; 'maryanneviney@
Voter Petition Timelines
High
Good Morning Ms. Nelson and Ms. Viney,
All Receive -Agenda Item# .B ' ·:
For the Information of the:
Cl OUNCIL
Da CA0C L--
CM J_.l)eM (3) L--
This e-mail is being re-sent to you to correct a typo in section (b) below ... the City Council Meeting date is
November, 19, 2019.
Pursuant to your conversation with the City Attorney, below are the voter petition timelines for the District
No. 1 City Council Vacancy:
Based on the applicable statutory deadlines and the City Council's regular meeting schedule:
(a) For a voter-initiated special election to be held on March 3, 2020, the voter petitions must have been
received by the City Clerk, verified by the Registrar of Voters, and presented to the City Council at its regular
meeting on October 22, 2019.
(b) For a voter-initiated special election to be held on April 14, 2020, the voter petitions must be received by
the City Clerk, verified by the Registrar of Voters, and presented to the City Council at its regular meeting on
November 19, 2019.
Please note: The Registrar of Voters has up to 30 days to verify voter signatures. The verification process may
take less time in this instance because of the relatively small number of voter signatures required.
Thank you,
{cityof
Carlsbad
Sheila Cobian, MMC
City Clerk Services Manager
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008-1949
www.carlsbadca.gov
760-434-2917 I sheila .cobian@carlsbadca .gov
1
Kaylin McCauley
From:
Sent:
To:
Subject:
Carolyn Marko
Tuesday, October 22, 2019 9:51 AM
Council Internet Email
Vacant council seat
All Receive -Agenda Item# ~
For the Information of lbF
jt,ITY COUNCIL
Date ~CA ~CC ✓
CM -1::::_ COO ~CM (32'
Please approve a resolution at the October 22 Council meeting to call for an election for the vacant seat for the remaining 3
years of the D1 city council position, to be held in conjunction with the March 3, 2020 CA Primary election.
We most definitely deserve to vote and decide who is representing those of us residing in District One.
Carolyn Marko
Sent from my iPad
1
Kaylin McCauley
From:
Sent:
To:
Subject:
Barbara Menzie
Tuesday, October 22, 2019 8:09 AM
Council Internet Email
Carlsbad D1
I am asking you to allow an election by the people of the Carlsbad (D1) District so that we may elect a Council member of our
choice. I realize that a Council Meeting will be held today, and I am sorry I was unable to send this email to you yesterday.
Sincerely,
Barbara Menzie
Carlsbad resident
Sent from my iPad
1
Kaylin McCauley
From:
Sent:
To:
Subject:
TO: COUNCIL MEMBERS
Barbara Sumner
Tuesday, October 22, 2019 7:46 AM
Council Internet Email; Keith Blackburn; Sheila Cobian; Matthew Hall; Scott Chadwick; priva.bhatpatel@carlsbadca.gov
Barbara Hamilton vacancy on Carlsbad City Council
It is my understanding the Council can either appoint a new member to fill Barbara's vacancy or have a special election.
strongly support the appointment of Tracy Carmichael.
I so appreciate the way Carlsbad had been governed, with their budget always being in the "black", no wasteful expenditures,
etc. An appointment would alleviate a costly Special Election. And furthermore knowing Tracy and her ideals, her leadership
abilities, her involvement in the community and her concerns for all of Carlsbad, she is the ideal Appointment.
I am very proud of being a resident of the City of Carlsbad. We need to continue on our road of the excellent operation of our
City. Please, Council members, give this your deep and thoughtful consideration and·appoint Tracy Carmichael.
Thank you,
Barbara Sumner
1
Kaylin McCauley
From:
Sent:
To:
Subject:
Dear City Council members,
Angie Knappenberger
Tuesday, October 22, 2019 7:22 AM
Council Internet Email
District 1 vacancy
I am a resident within District 1 in Carlsbad and understand that Barbara Hamilton is resigning from her position on the City
Council. Given that there is more than 3 years remaining on the current term, I believe that her replacement should be one that
is elcted by the residents of District 1.
I request an election be held as part of the primary on the March 3, 2020to fill this vacancy.
Sincerely,
Angela Knappenberger
3886 Westhaven Drive
1
Ka lin McCaule
From:
Sent:
To:
Subject:
Michael Wunderlin
Monday, October 21, 2019 8:05 PM
Council Internet Email
Vacant City Council Seat
Honorable Mayor Matt Hall, Mayor Pro Tern Priya Bhat-Patel and Council Member Keith Blackburn,
It has come to my attention that Council Member Barbara Hamilton is leaving her position on the City Council, leaving a vacant
seat.
My understand is that you have the option of selecting someone to fill Barbara Hamilton's seat for the remainder her term, about
3 years or to conduct a special election .
It is my opinion, you should select someone to fill the seat and not conduct a special election. The special election is expensive .
and detracts from important City business. Each of you are qualified to make a best decision and very familiar with all the
qualified candidates.
I personally believe Tracy Carmichael would be an excellent choice to fill the Council seat in District 1. I believe she would fairly
represent the residence in the District and the City.
I would also like to make a personnel statement that the City of Carlsbad is a wonderful place to live I would like the City Council
Members to work together to keep it that way. Remember all of you work for the residence of Carlsbad, not a political party.
Sincerely,
Michael Wunderlin
Carlsbad, CA 92011
Kaylin McCauley
From:
Sent:
To:
Subject:
HELEN STAMATELATOS <
Monday, October 21, 2019 5:41 PM
Council Internet Email
D1 Election
Please let the people's' voices heard and have the election in March 2020 for the vacant.council position. There is no need to
wait until April, spending thousands more ofour city dollars!!
Helen Stamatelatos
3626 Haverhill Street
Carlsbad 92010
Sent from my iPhone
1
Kaylin McCauley
From:
Sent:
'ro:
Sherrie Sanders ·
Monday, October 21, 2019 5:39 PM
Council Internet Email
Subject: Fw: City Council Vacancy
-----Forwarded Message -----
From: Sherrie Sanders
To: "Council@carlsbad.gov" <Council@carlsbad.gov>
Sent: Monday, October 21, 2019, 04:56:22 PM PDT
Subject: City Council Vacancy
Hi Dr. Priya Bhat Patel,
· As a 30 year resident in the 3rd District I am asking that you seriously consider my respectful suggestion.
I am aware that Barbara Hamilton has resigned her position on the Carlsbad City Council.
It is a far better idea to bring in the runner up Tracy Carmichael to fill the position.
I know Tracy is more than qualified as her experience will serve the remainder of the term for the city
council in a very positive way. My children and grandchildren have been educated in the Carlsbad School
district.
A special election will cost substantially more than appointing Tracy Carmichael so it would save
the city money.
I feel its important to keep costs down so Carlsbad can remain the fiscally responsible city
it has been respected for.
At the end of the day we hope our City Council to respect our wishes
to do the right thing in our highest and greater good.
With Sincerest Thanks
Sherrie Sanders
1
Hector Gomez
From:
Sent:
To:
Subject:
Council Internet Email
Monday, October 21, 2019 4:47 PM
City Clerk
FW: District 1 Seat
From: drdianeb@aol.com
Sent: Monday, October 21, 2019 4:38 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: District 1 Seat
Dear Mayor and Council:
All Receive -Agenda Item ti 8
For the Information of th;--
CITY COUNCIL
Date. / 0/7/6''1 CA )[__ CC 22._
CM ~ CO Y DCM (3) 'x
Please approve a Resolution on 10/22 to call for an election for the vacant District 1 seat. The election can be held in March at minimal
cost and will ensure that District 1 voters choose their next Councilmember.
Thank you.
Diane Bedrosian
Carlsbad, CA
1
Hector Gomez
From:
Sent:
To:
Subject:
Robert Cunningham
Monday, October 21, 2019 4:59 PM
City Clerk
District 1 Council Member -Support election
I am a resident of District 1. I call on the City Council to vote for a special election to be
held in March 2020.
Thank you,
Robert Cunningham
Haverhill St, Carlsbad.
1
All Receive -Agenda Item # ..!_
For the Information of the:
CITY COUNCIL
Date /!l!.!/!'I CA _X_ CC K"
CM 2C._ COO _K_ DCM (3) X
Sheila Cobian
From:
Sent:
To:
Felicia Hansen
Tuesday, October 22, 2019 7:58 AM
Sheila Cobian; Priya Bhat-Patel; Keith Blackburn
Subject: For Consideration : Council Meeting 10/22/19, Appointment for District 1 Vacancy /'J...
All Receive -Agenda Item # ::r:;,,,J
For the Information of the:
CITY COUNCIL
TO: All Council Members D.te JD/.JxA v cc ~
CM _Cloo_ 00 1.... L-DCM -(3) '--
As an involved Carlsbad resident, I'd like to share my thoughts about the vacancy that was created by -
Barbara Hamilton.
The Council has several options:
1. Appoint new member or
2. Special Election.
One of my reasons for loving Carlsbad is that the Council previously has a proven track record of being a
good steward of financial resources and not wasteful with tax payer money. So a election will be very
costly and an a waste of taxpayer money that could be allocated to other more important causes. An
appointment is best for the citizens and I would hope this is where the council can come together and
show up with a united front instead of special interest.
With that sa id, the City Council has a vetting process that an appointed candidate would need to meet;
including knowledge of city operations, current issues for taxpayers, and having enough experience to
have a vision for the future of our community.
As an involved and concerned resident, I attend Council meetings. I'm also aware that Tracy Carmichael
attends all the local meetings, as well as Sandag meetings to keep herself informed on the big picture as
well. When she ran for District 1, it was very close, back and forth for a month before the final tally. This
shows she has the support and respect of many voters; and has already been vetted for her leadership
and commitment to Carlsbad.
Tracy gives her time, energy and heart to Carlsbad. She is involved in many Carlsbad civic outreach
programs which means she actually walks the talk!
Being open minded, Tracy would be the type of member who would work with all for the best outcome of
Carlsbad on all issues, without any special self-serving interest. Her leadership style is important for our
city as she's a listener, learner and researcher when looking at issues to make an informed decision.
I am asking that the Council kindly consider appointing Tracy Carmichael to District 1 for the good of ou r
entire City. With her expertise, this would be a wise decision and would avoid wasting taxpayer dollars
on an expensive special election.
Thank you for you r consideration,
Felicia Hansen
Carlsbad, CA 92011
Integrity -Jf's what yof!ifo when nqbody is looking!
1
Mia De Marzo
From:
Sent:
To:
Subject:
Council Internet Email
Tuesday, October 22, 2019 11 :52 AM
City Clerk
FW: District 1 Vacancy
From: Brenda Leanhart
Sent: Tuesday, October 22, 2019 11:03 AM
/\II Receive -Agenda Item# 6
For the Information of the:
CITY COUNCIL
Date IO }J.-?--CA \0 CC 'f>
CM ~OO ~DCM(3).::E
To: Matthew Hall <Matt.Hall@carlsbadca.gov>; Priya Bhat-Patel <Priya.Bhat-Patel@CarlsbadCA.gov>; Keith Blackburn
<Keith.Blackburn@carlsbadca.gov>; Cori Schumacher <Cori.Schumacher@CarlsbadCA.gov>
Cc: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: District 1 Vacancy
Dear Mayor and City Council,
I urge you to fill the District 1 City Council vacancy by calling for a special election on the March 3, 2020 ballot.
The argument that past council vacancies were filled by appointment ignores not only the City's change to District
elections, but also the very reason for the change to District elections. A special election would ensure that the remedy
provided by District elections remains intact. This is especially critical with over three years remaining of a four-year
term.
Even if the seat is filled by appointment, a qualified voter petition could force a special election. Information provided on
the City's website under "City Council Vacancy," indicates that a petition can be submitted within 60 days of the effective
date of the vacancy. Therefore, a qualifying voter petition could be submitted after the cutoff deadline for the March 3,
2020 ballot. This would require a special election at a later date, resulting in greater expenditure for the city (per the
September 25, 2019, document from City Attorney).
I also urge you to consider an individual's right to cast their vote as fundamental to democracy. There are compelling reasons to
fill the vacancy by special election rather than by appointment. Please do not appoint -let the voters in District 1 decide who
their council member will be.
Sincerely,
Brenda Leanhart
Resident and Voter of Carlsbad District 1
1
Sheila Cobian
From:
Sent:
To:
Subject:
PAULA NISWANDER
Tuesday, October 22, 2019 1 :33 PM
Sheila Cobian
Please appoint Tracy to District 1 council seat
Please avoid a costly, time consuming and unnecessary election. Tracy was runner up. Barbara resigned.
Tracy has earned this seat.
Thank you
Paula Niswander
PAULA
1
Mia De Marzo
From:
Sent:
To:
Subject:
Attachments:
Kaylin McCauley
Tuesday, October 22, 2019 12:46 PM
City Clerk
Agenda item #8
Scan_.pdf
Please see the attached letter regarding agenda item #8
1
October 14, 2019
Mayor Matt Hall
Carlsbad City Hall
1200 Carlsbad Village Drive
Carlsbad, California 92008
Dear Mayor Hall:
As a resident of District 1, I am concerned that my district will not be
adequately represented with the abrupt resignation of our most recent city
council member. I understand you and other council members are
responsible for representing District 1 needs until the vacancy is filled.
Although a special election may be required due to citizen petitions, your
work and any progress in District 1 will be significantly affected if the
vacancy remains. Would it not be to our residents' advantage, and that of
the city council, to act with a sense of urgency and fill the vacancy?
Please act quickly and responsibly to appoint Mrs. Tracy Carmichael as a
replacement for the District 1 vacancy. She has the experience and
willingness to represent our community.
Please feel free to contact me should you wish to discuss this matter. My
contact information follows: kris.sheffler@gmail.com;
Thank you in advance for your consideration.
Best re
Carlsbad, California 92008
Mia De Marzo
From: Council Internet Email
Sent:
To:
Tuesday, October 22, 2019 1:36 PM
City Clerk
Subject: FW: Barbara Hamilton Replacement
From: Carole Gunner
Sent: Tuesday, October 22, 2019 12:29 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Barbara Hamilton Replacement
To Mayor Hall and Carlsbad City Council Members;
Since we are looking at a three year replacement for Barbara Hamilton, I'm convinced that the correct way to do this is to
let the voters in District 1 participate in this democratic endeavor. I do not feel that the city should be choosing a
replacement for almost a complete term . There is a primary in March, and it seems that this could be added to the
ballot. A special election wouldn't be necessary.
Please do this the democratic way!
Thank you,
Carole Gunner
Carlsbad, CA 92008
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Tuesday, October 22, 2019 1 :37 PM
City Clerk
Subject: FW: Please appoint Tracy to District 1 council seat
-----Original Message-----
From: PAULA NISWANDER
Sent: Tuesday, October 22, 2019 1:29 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Please appoint Tracy to District 1 council seat
An election is a waste oftime and money and not necessary. Tracy was runner up and has earned this seat.
Thank you
Paula Niswander
PAULA
1
Hector Gomez
From:
Sent:
Cc:
Subject:
Council Internet Email
Wednesday, October 23, 2019 9:37 AM
City Clerk; Sheila Cobian
FW: Vacant City Council Seat
From: Nancy Starling
Sent: Tuesday, October 22, 2019 5:26 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Vacant City Council Seat
Dear City Council Members,
All Receive -Agenda Item II ff
For the Information of th;--
CITY COUNCIL
Date I0/"13f 1 CA _K_ CC~
CM~ COO K DCM (3) )<
As a resident of Carlsbad since 1984 I am opposed to the option of a special election for the council seat that has been
left vacant by Barbara Hamilton. A special election is unprecedented and will cost the city approximately $3000.00
dollars and will put the city into a gridlock situation.
I support the appointment of Tracy Carmichael to fill the vacancy. Tracy has already shown that she is qualified and
ready to lead the city in a positive and productive manner.
Nancy Starling
Carlsbad Resident
Sent from Yahoo Mail on Android
1