HomeMy WebLinkAbout2020-07-28; City Council; ; November 3, 2020 Council Compensation Ballot MeasureCA Review CKM
CITY COUNCIL Staff Report
Meeting Date: July 28, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 760-434-5989
Subject: November 3, 2020 Council Compensation Ballot Measure
Recommended Action
1.Adopt a resolution ordering the submission to the qualified electors of the City of
Carlsbad a certain measure relating to City Council compensation, requesting that the
County Board of Supervisors place the measure on the ballot and provide consolidation
services and appropriating the necessary funds.
2.Adopt a resolution setting the priorities for filing written arguments regarding a city
measure pertaining to City Council compensation and directing the City Attorney to
prepare an impartial analysis.
3.Adopt a resolution setting the priorities for filing of rebuttal arguments regarding a city
measure pertaining to City Council compensation.
Executive Summary /Discussion
The City of Carlsbad is scheduled to conduct the general municipal election on November 3,
2020, for the purpose of electing one council member from District 2 and one council member
from District 4. Resolutions to commence the election process in conformance with the State of
California's election laws were adopted on June 23, 2020.
On July 14, 2020, the City Council directed staff to prepare the documents necessary to place a
council-sponsored measure on the Nov. 3, 2020 general municipal election ballot relating to
City Council compensation, in addition to the already scheduled council seats. The measure
primarily consists of the current language in Carlsbad Municipal Code Section 2.04.0l0(A),
which is:
The compensation of each member of the city council shall be set at
$2,052.17 per month upon the effective date of this ordinance. Adjustments
to city council compensation shall not exceed the amount established by the
San Diego Regional Consumer Price Index. Adjustments to city council
compensation must be made or permanently waived by ordinance in January
of each year. The city council is prohibited from enacting retroactive increases
for years in which a salary increase was waived.
July 28, 2020 Item #7 Page 1 of 13
The companion ballot question is:
MEASURE_. CITY COUNCIL COMPENSATION. YES
Shall Title 2, Chapter 2.04, Section 2.04.0l0{A) of the
Carlsbad Municipal Code be adopted to prohibit city council
compensation adjustments from exceeding the amount
established by the San Diego Regional Consumer Price ...... N-0---------a Index, to require the city council to either make or waive a
compensation adjustment in January of each year, and to
prohibit the city council from enacting retroactive increases
for years in which the city council waived a compensation
adjustment?
If the resolutions are approved by the City Council, the council is required to take certain
actions to place the measure before the voters, set the priorities for filing written arguments,
direct the City Attorney to prepare an impartial analysis and provide for the filing of rebuttal
arguments for the ballot measure.
Two questions to be considered by the council are:
•Does the City Council wish to allow its members to submit an argument in favor oragainst the measure?
California Elections Code 9282 allows the City Council to authorize council members to
write arguments in favor of, or against, the measure. It is not necessary to identify
which council members will make such arguments, or to limit council members'
arguments to one side or the other of the measure.
•Does the City Council wish to allow rebuttals to the arguments in favor of or against the
measure?
Whether council members are authorized to file written arguments, under California
Elections Code Sections 9285, the City Council must also consider whether rebuttal
arguments are to be allowed. If so, staff recommends the council authorize the same
individual or group writing the argument in favor of or against the measure to also be
authorized to write the rebuttal.
Members of the public may also file a written argument for or against the measure. If there are
multiple arguments for or against the measure, California Evidence Code Section 9287
prioritizes which arguments are selected for printing and distribution to the voters.
Arguments may not to exceed 300 words in length and rebuttals many not exceed 250 words in
length. Additionally, arguments and rebuttals may not be signed by more than five people.
July 28, 2020 Item #7 Page 2 of 13
Since the city will be consolidating the general municipal election with the statewide general
election, the deadlines for the submittal of arguments and rebuttals will be the same deadlines
as set by the San Diego County Registrar of Voters and the Elections Code as follows:
August 13:
August 14:
August 14-24:
August 18:
Fiscal Analysis
Arguments for or against a measure are due at the City Clerk's Office
City Attorney's impartial analysis is due at the City Clerk's Office
Examination period for impartial analysis and all arguments filed
Rebuttal arguments are due at the City Clerk's Office
Based on an estimate provided by the San Diego County Registrar of Voters, staff estimates the
cost of adding the ballot measure to the Nov. 3, 2020, general municipal election ballot will be
approximately $60,000 to $100,000. The City Clerk's Office requests the City Council authorize
deputy city manager, administrative services to appropriate funds to reimburse the County of
San Diego for the ballot measure's costs from the City Council contingency account upon
receipt of the County's bill for its services.
Next Steps
Staff will file the resolution with the San Diego County Board of Supervisors and Registrar of
Voters requesting that the measure be added to the general municipal election already
consolidated with the statewide general election on Nov. 3, 2020. In addition, staff will publish
notice of the measure on the city's website and in the 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 California 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 and Outreach
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.
Exhibits
1.Resolution ordering the submission to the qualified electors of the City of Carlsbad a certain
measure relating to City Council compensation; requesting that the County Board of
Supervisors place the measure on the ballot and provide consolidation services; and
appropriating the necessary funds
2.Resolution setting the priorities for filing written arguments regarding a city measure
pertaining to City Council compensation and directing the City Attorney to prepare an
impartial analysis
3.Resolution setting the priorities for filing of rebuttal arguments regarding a city measure
pertaining to City Council compensation
July 28, 2020 Item #7 Page 3 of 13
Exhibit 1
RESOLUTION NO. 2020-162
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF
THE CITY OF CARLSBAD A CERTAIN MEASURE RELATING TO CITY COUNCIL
COMPENSATION ON THE GENERAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 3, 2020, REQUESTING THAT THE SAN DIEGO COUNTY BOARD
OF SUPERVISORS PLACE THE MEASURE ON THE BALLOT AND PROVIDE
CONSOLIDATION SERVICES AND APPROPRIATING THE NECESSARY FUNDS
WHEREAS, the City Council has called a general municipal election on Tuesday, November 3,
2020 by Resolution No. 2020-120, adopted on June 23, 2020, for the purpose of electing one
Councilmember from District 2 and one Councilmember from District 4 for the full term of four years;
and
WHEREAS, the City Council has requested that the San Diego County Board of Supervisors
consolidate the city's general municipal election with the statewide election to be held on November 3,
2020, by Resolution No. 2020-121, adopted on June 23, 2020, for the purpose of electing one
Councilmember from District 2 and one Councilmember from District 4 for the full term of four years;
and
WHEREAS, the City Council also desires to submit to the voters at the election a ballot question
and Measure relating to City Council compensation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council orders submitted to the voters at the general municipal election
the following ballot question:
July 28, 2020 Item #7 Page 4 of 13
MEASURE . CITY COUNCIL COMPENSATION.
Shall Title 2, Chapter 2.04, Section 2.04.010(A) of the
Carlsbad Municipal Code be adopted to prohibit city council
compensation adjustments from exceeding the amount
established by the San Diego Regional Consumer Price
Index, to require the city council to either make or waive a
compensation adjustment in January of each year, and to
prohibit the city council from enacting retroactive increases
for years in which the city council waived a compensation
adjustment?
YES
NO
Exhibit 1
3. That the City Council orders submitted to the voters at the general municipal election
the following Measure:
MEASURE
CITY COUNCIL COMPENSATION
The people of the City of Carlsbad do ordain as follows:
Title 2, Chapter 2.04, Section 2.04.010(A) of the Carlsbad Municipal Code is
adopted to read:
The compensation of each member of the city council shall be set at $2,052.17
per month upon the effective date of this ordinance. Adjustments to city
council compensation shall not exceed the amount established by the San
Diego Regional Consumer Price Index. Adjustments to city council
compensation must be made or permanently waived by ordinance in January
of each year. The city council is prohibited from enacting retroactive increases
for years in which a salary increase was waived.
4. That the vote requirement for the Measure to pass is a majority (50 percent +1) of the
votes cast.
5. That the ballots used at the election shall be in the form and content as required by
law, and in all particulars not recited in this resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
July 28, 2020 Item #7 Page 5 of 13
Exhibit 1
6. 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 inclusion
of the Measure in the previously submitted request for consolidation of the general
municipal election with the statewide general election on Tuesday, November 3, 2020,
for purposes of electing one Councilmember from District 2 and one Councilmember
from District 4.
7. 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.
8. That the city clerk services manager is authorized, instructed and directed to
coordinate with 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.
9. 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.
10. 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 of San
Diego for any costs.
11. That the city clerk services manager is directed to file a certified copy of this resolution
with the Board of Supervisors and the Registrar of Voters.
12. That notice of the time and place of holding the election is given and the city clerk
services manager is authorized, instructed and directed to give further or additional
notice of the election, in the time, form and manner as required by law.
13. The City Council authorizes the deputy city manager, administrative services, to
appropriate the necessary funds to reimburse the County's costs upon presentation
of a properly submitted bill.
July 28, 2020 Item #7 Page 6 of 13
Exhibit 1
14. That the city clerk services manager shall certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of July, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, Mayor
OVI,WIfYI,4/VIV r20 -C-0(
BARBARA ENGLESON, City Clerk
(SEAL)
July 28, 2020 Item #7 Page 7 of 13
Exhibit 2
RESOLUTION NO. 2020-163
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS
REGARDING A CITY MEASURE PERTAINING TO CITY COUNCIL
COMPENSATION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, a general municipal election is to be held in the City of Carlsbad, California, on
November 3, 2020, at which there will be submitted to the voters the following Measure:
MEASURE
CITY COUNCIL COMPENSATION
The people of the City of Carlsbad do ordain as follows:
Title 2, Chapter 2.04, Section 2.04.010(A) of the Carlsbad Municipal Code is
adopted to read:
The compensation of each member of the city council shall be set at
$2,052.17 per month upon the effective date of this ordinance.
Adjustments to city council compensation shall not exceed the amount
established by the San Diego Regional Consumer Price Index. Adjustments
to city council compensation must be made or permanently waived by
ordinance in January of each year. The city council is prohibited from
enacting retroactive increases for years in which a salary increase was
waived.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council authorizes its members to file written arguments, not to exceed
300 words, in favor of or against the Measure as described above. All written arguments
filed by any person in favor of or against the Measure shall be accompanied by the
July 28, 2020 Item #7 Page 8 of 13
Exhibit 2
printed names and signatures of the persons submitting the arguments in accordance
with California Elections Code 9283. The arguments may be changed or withdrawn until
and including the date fixed by the City Clerk after which no arguments for or against
the Measure may be submitted to the City Clerk. The arguments shall be filed with the
City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting
it, or if submitted on behalf of an organization, the name of the organization, and the
printed name and signature of at least one of its principal officers who is the author of
the argument. The arguments shall be accompanied by the Form of Statement to be
Filed by the Author(s) of Argument.
3. That if the City Clerk receives more than one argument for or more than one argument
against the Measure within the prescribed time, the City Clerk shall select one of the
arguments in favor and one of the arguments against the Measure for printing and
distribution to the voters. In selecting the arguments, the City Clerk shall give
preference and priority in the order specified in California Elections Code Section 9287.
4. That the City Council directs the City Clerk to transmit a copy of the Measure to the City
Attorney. The City Attorney shall prepare an impartial analysis of the Measure not to
exceed 500 words, showing the effects of the Measure on the existing law and the
operation of the Measure. The analysis shall include a statement indicating the Measure
was placed on the ballot by the City Council. In the event the entire text of the Measure
is not printed on the ballot, or in the voter information of the sample ballot, there shall
be printed immediately below: "The above statement is an impartial analysis of
Measure . If you desire a copy of the Measure, please call the City Clerk's Office
at 760-434-2808 and a copy will be mailed at no cost to you."
July 28, 2020 Item #7 Page 9 of 13
Exhibit 2
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of July, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None. cfr/f/
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
July 28, 2020 Item #7 Page 10 of 13
Exhibit 3
RESOLUTION NO. 2020-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, SETTING PRIORITIES FOR FILING OF REBUTTAL ARGUMENTS
REGARDING A CITY MEASURE PERTAINING TO CITY COUNCIL
COMPENSATION THAT WILL BE SUBMITTED AT THE NOVEMBER 3, 2020
GENERAL MUNICIPAL ELECTION
WHEREAS, California Elections Code Section 9285 authorizes the City Council, by majority vote,
to adopt provisions to provide for the filing of rebuttal arguments to City measures submitted at
municipal elections;
WHEREAS, a general municipal election is to be held in the City of Carlsbad, California, on
November 3, 2020, at which there will be submitted to the voters the following Measure:
MEASURE
CITY COUNCIL COMPENSATION
The people of the City of Carlsbad do ordain as follows:
Title 2, Chapter 2.04, Section 2.04.010(A) of the Carlsbad Municipal Code is
adopted to read:
The compensation of each member of the city council shall be set at
$2,052.17 per month upon the effective date of this ordinance.
Adjustments to city council compensation shall not exceed the amount
established by the San Diego Regional Consumer Price Index. Adjustments
to city council compensation must be made or permanently waived by
ordinance in January of each year. The city council is prohibited from
enacting retroactive increases for years in which a salary increase was
waived.
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.
July 28, 2020 Item #7 Page 11 of 13
Exhibit 3
2. That pursuant to California Elections Code Section 9285, when the elections official has
selected the arguments for and against the Measure which will be printed and
distributed to the voters, the elections official shall send a copy of an argument in favor
of the proposition to the authors of any argument against the Measure and a copy of an
argument against the Measure to the authors of any argument in favor of the Measure
immediately upon receiving the arguments. The author or a majority of the authors of
an argument relating to a City Measure may prepare and submit a rebuttal argument
not exceeding 250 words or may authorize in writing any other person or persons to
prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed
by more than five authors. The rebuttal arguments shall be filed with the City Clerk,
signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if
submitted on behalf of an organization, the name of the organization, and the printed
name and signature of at least one of its principal officers, not more than 10 days after
the final date for filing direct arguments. The rebuttal arguments shall be accompanied
by the Form of Statement to be Filed by Author(s) of Argument. Rebuttal arguments
shall be printed in the same manner as the direct arguments. Each rebuttal argument
shall immediately follow the direct argument which it seeks to rebut.
3. That the above provisions shall apply only to the election to be held on November 3,
2020.
July 28, 2020 Item #7 Page 12 of 13
Exhibit 3
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 28th day of July, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
,frff//z/
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
(SEAL)
July 28, 2020 Item #7 Page 13 of 13
Tammy Cloud-McMinn
All Receive - Agenda Item #
For the Information of the:
CITY COUNCIL
Date 1M;-<- CA CC
CM --- ACM -- DCM (3) -
Since the political season is upon us, I am concerned about the door to door canvassers at this time.
I had my first one today, and she had to take off her mask to be heard, which defeats the purpose of wearing a mask.
For elections in 2020, I think door to door is a bad idea.
Please consider this issue and inform all candidates to conduct their campaigns in other ways besides door to door.
Thank you for listening,
Kathryn Mullins
Resident
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content
is safe.
From: mull.kathryn@roadrunner.com
Sent: Friday, July 24, 2020 3:55 PM
To: City Clerk
Subject: door to door political canvassers during Covid
Please route this to the appropriate person:
1