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Home My WebLink About2020-06-23; City Council; ; Nov. 3, 2020 General Municipal ElectionCA Review CKM Meeting Date: June 23, 2020 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Sheila Cobian, Assistant to the City Manager sheila.cobian@carlsbadca.gov, 760‐434‐2917 Subject: Nov. 3, 2020 General Municipal Election Recommended Action 1.Adopt a resolution calling and giving notice of the general municipal election to be held in the City of Carlsbad on Tuesday, Nov. 3, 2020, for the purpose of electing City Council members to represent City Council Districts 2 and 4 for terms ending November 2024. 2.Adopt a resolution requesting that the San Diego County Board of Supervisors consolidate the general municipal election with the statewide general election to be held on Tuesday, Nov. 3, 2020. 3.Adopt a resolution approving regulations for candidates for elective office pertaining to candidates’ statements submitted to the voters at the general municipal election to be held in the City of Carlsbad on Tuesday, Nov. 3, 2020. Executive Summary/Discussion The City’s general municipal election must be held on the same date as the statewide general election. (Carlsbad Municipal Code, § 1.12.20.) The next statewide general election will be held on Nov. 3, 2020. (California Elections Code, § 1200.) The City’s transition to district elections requires the selection of the City Council members for Districts 2 and 4 at this election. (Carlsbad Municipal Code, § 2.04.090.) To consolidate the City’s general municipal election with the statewide general election, the City Council must adopt a resolution requesting consolidation and file it with the San Diego County Board of Supervisors and Registrar of Voters by Friday, Aug. 7, 2020. The resolution requesting consolidation must be adopted at the same time the City Council adopts the resolution calling the City’s general municipal election. (California Elections Code, § 10403.) The candidate filing period for the City’s general municipal election is from Monday, July 13, 2020 at 8 a.m. to Friday, Aug. 7, 2020 at 5 p.m. (California Elections Code, §§ 10220, 10224, 10225, subd. (b).) Anyone wishing to run for the City Council District 2 or 4 seat may obtain nomination papers by scheduling an appointment with the City Clerk’s Office. June 23, 2020 Item #3 Page 1 of 9 Fiscal Analysis Based on an estimate provided by the San Diego County Registrar of Voters, staff estimates that conducting the Nov. 3, 2020, general municipal election will cost approximately $32,000‐ $52,000. The City Clerk’s Office’s recommended budget for fiscal year 2020‐21 includes the necessary funds to cover the costs related to the election. Next Steps Staff will file the resolution (Exhibit 2) with the San Diego County Board of Supervisors and Registrar of Voters requesting consolidation of the City’s general municipal election with the statewide general election on Nov. 3, 2020. In addition, staff will publish notice of the election on the city’s website and in local newspapers of general circulation authorized to publish legal notices. Environmental Evaluation (CEQA) This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code Section 21065 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 Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to scheduled meeting date. Staff will publish the Notice of Election on the city’s website and in the following newspapers: The Coast News The San Diego Union‐Tribune El Latino Tieng Viet San Diego News The Filipino Press The Epoch Times Exhibits 1.City Council resolution calling the Nov. 3, 2020, general municipal election 2.City Council resolution requesting consolidation services from the San Diego County Board of Supervisors and Registrar of Voters for the Nov. 3, 2020, general municipal election 3.City Council resolution adopting regulations for candidates’ statements of qualifications June 23, 2020 Item #3 Page 2 of 9 RESOLUTION NO. 2020-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING FOR AND GIVING NOTICE OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOV. 3, 2020, FOR THE PURPOSE OF ELECTING CITY COUNCIL MEMBERS TO REPRESENT CITY COUNCIL DISTRICTS 2 AND 4 FOR TERMS ENDING IN NOVEMBER 2024 Exhibit 1 WHEREAS, under Carlsbad Municipal Code Section 1.12.20, the City's general municipal election must be held on the same date as the statewide general election; and WHEREAS, the next statewide general election will be held on Nov. 3, 2020; and WHEREAS, under Carlsbad Municipal Code Section 2.04.090, the City's transition to district elections requires the selection of the City Council members for Districts 2 and 4 at the election on Nov. 3, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitation is true and correct. 2. That there is called and ordered to be held in the City of Carlsbad, California, on Tuesday, Nov. 3, 2020, a general municipal election for the purpose of electing one Council Member from District 2 and one Council Member from District 4 for terms ending in November 2024. 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 San Diego County 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 7 a.m. of the day of the election and shall remain open continuously from that time until 8 p.m. of the same day when the polls shall be closed, pursuant to California Elections Code Section 10242, except as provided in California Elections Code Section 14401. 6. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. June 23, 2020 Item #3 Page 3 of 9 7. That notice of the time and place of holding the election is given and the City Clerk's Office is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 8. That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the San Diego County Registrar of Voters, the City Council, in accordance with California Elections Code Section 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 23rd day of June, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor \_ivrYlah,)( 111:ffe,~~ {plBARBARA ENGLESON, City Clerk (SEAL) June 23, 2020 Item #3 Page 4 of 9 RESOLUTION NO. 2020-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REQUESTING THAT THE SAN DIEGO COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE CITY'S GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE ELECTION TO BE HELD ON NOV. 3, 2020 Exhibit 2 WHEREAS, under Carlsbad Municipal Code Section 1.12.20, the City's general municipal election must be held on the same date as the statewide general election; and WHEREAS, the next statewide general election will be held on Nov. 3, 2020; and WHEREAS, under Carlsbad Municipal Code Section 2.04.090, the City's transition to district elections requires the selection of the City Council members for Districts 2 and 4 at the election on Nov. 3, 2020. WHEREAS, it is desirable that the general municipal election be consolidated with the statewide general election. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That pursuant to the requirements of California Elections Code Section 10403, the San Diego County Board of Supervisors is requested to consent and agree to the consolidation of the general municipal election with the statewide general election on Tuesday, Nov. 3, 2020, for the purpose of electing one Council Member from District 2 and one Council Member from District 4 for terms ending in November 2024. 3. That the San Diego County Registrar of Voters is authorized to canvass the returns of the general municipal election. The election shall be held in all respects as if there were only one election and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating a general municipal election. 4. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. 5. That the City of Carlsbad recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. June 23, 2020 Item #3 Page 5 of 9 6. That the city clerk services manager is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters. 7. That the city clerk services manager shall certify to the passage and adoption of this Resolution. 8. That the City Council authorizes the city clerk services manager to administer said general municipal 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 23rd day of June, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor ~ARBARA ENGLESON, City Clerk (SEAL) June 23, 2020 Item #3 Page 6 of 9 RESOLUTION NO. 2020-122 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 GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CARLSBAD ON TUESDAY, NOV. 3, 2020. Exhibit 3 WHEREAS, California Elections Code Section 13307 authorizes the City Council to 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 ofthe City of Carlsbad, California, as follows: 1. The above recitation is true and correct. 2. GENERAL PROVISIONS. Each candidate for nonpartisan elective office to be voted for at the general municipal election to be held in the City of Carlsbad on Nov. 3, 2020, may prepare a candidate's statement on an appropriate form provided by the City Clerk's Office. 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 City Clerk's Office 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 San Diego County Registrar of Voters. The Registrar of Voters is required to translate candidate's statements into the following languages: Spanish, Vietnamese, Filipino and Chinese. B. All translations shall be provided by professionally certified translators. June 23, 2020 Item #3 Page 7 of 9 C. The Registrar of Voters will print and mail separate sample ballots and candidates' statements in Spanish, Vietnamese, Filipino and Chinese to only those voters who are in the County voter file as having requested a sample ballot in a particular language. The Registrar of Voters will make the sample ballots and candidates' statements in the required languages available at all polling places, on the County's website and in the Election Official's office. 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. 5. PAYMENT. The city clerk services manager shall estimate the total cost of printing, handling, translating as specified, and mailing the candidates' statements filed pursuant to the Elections Code, including costs incurred as a result of complying with the Federal Voting Rights Act and require each candidate filing a statement to pay in advance his or her estimated pro rata share of $1,000 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 $25.00 fee at the time the nomination papers are filed in the City Clerk's Office. The City Clerk's Office shall provide each candidate, or the candidate's representative, a copy of this Resolution at the time nominating petitions are issued. 7. This Resolution shall apply only to the general municipal election to be held on Nov. 3, 2020. 8. The city clerk services manager shall certify to the passage and adoption of this resolution. June 23, 2020 Item #3 Page 8 of 9 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 23rd day of June, 2020, by the following vote, to wit: AYES: NAYS: ABSENT: Hall, Blackburn, Bhat-Patel, Schumacher. None. None. MATT HALL, Mayor (lm10 fa f!. viv1~ ~ARBARA ENGLESON, City Clerk ,,111111111111,11,, (SEAL) ,$,''~~ CAJii_"11,~ ~~ .. ···•·· .. ~~ f&(·~···.i!,\ \'-S~"J ~ ,... ·.. ' -·· ~ ~ ~ '-.:.tl.·········· .. ·..:i.'-,'f'.~ ~,, , /FQ°'\""' ~ '/1,,,, T" ,,,,,,"- 111111,111111111111 June 23, 2020 Item #3 Page 9 of 9