HomeMy WebLinkAbout2019-11-08; City Council; ; Certification of Sufficiency of Petition to Call a Special Election to Fill the Vacancy in City Council District 1 and Determination Whether to Proceed with the AppointmeCA Review t!',6
~ CITY COUNCIL
'1:7 Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
Nov. 8, 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
Certification of Sufficiency of Petition to Call a Special Election to Fill the
Vacancy in City Council District 1 and Determination Whether to Proceed
with the Appointment Process Established at the Oct . 22, 2019 City Council
Meeting
Recommended Action
Adopt a Resolution certifying the sufficiency of the petition submitted by the registered voters
of the City of Carlsbad District 1 to call a Special Election to fill the vacancy in City Council
District 1; and
Adopt a Resolution calling and giving notice of a Special Election to be held in the City of
Carlsbad on Tuesday, March 3, 2020 for the purpose of electing one Council Member to fill the
vacancy in City Council District No. 1; and
Adopt a Resolution requesting that the Board of Supervisors of the County of San Diego
consolidate the Special Election with the March 3, 2020, California Statewide Presidential
Primary Election; and
Adopt a Resolution 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; and
Determine whether to proceed with the appointment process established at the Oct. 22, 2019,
City Council meeting.
Executive Summary
On Oct. 9, 2019, City Council Member Hamilton resigned her District 1 City Council seat
effective immediately. Council Member Hamilton's 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 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.
Nov. 8, 2019 Item #1 Page 1 of 14
On Oct. 22, 2019, City Council considered the options to fill the vacancy and voted to conduct
an appointment process in accordance with Carlsbad Municipal Code section 2.04.030 . City
Council directed staff to accept applications for the appointment from Oct. 24 through Nov. 12,
2019, and to schedule interviews and the appointment for the Nov. 19, 2019, City Council
meeting. As of Nov. 4, 2019, one person, Simon Angel, has applied to be appointed.
On Oct. 30, 2019, staff received a petition from proponents Mary Anne Viney and Hope Nelson
containing approximately 2,196 signatures in support of holding a Special Election to fill the
vacancy in City Council District 1.
On Nov. 4, 2019, the San Diego County Registrar of Voters notified staff that the petition
contained the required number of signatures (1,652) to require a Special Election be called to
fill the vacancy in City Council District 1.
The City Council may still proceed w ith the scheduled appointment process . If the City Council
appoints a person to fill the vacancy, the person would only serve until the date of the Special
Election.
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 the city
clerk receives petitions bearing verified signatures of 10% of the registered voters in City
Council Distr ict No. 1 (approximately 1,652 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
circumstance will hold office until the date of the Special Election.
Voters from City Council District 1 submitted a petition to the City of Carlsbad on Oct. 30, 2019,
calling for a Special Election to fill the vacancy created when Council Member Barbara Hamilton
resigned Oct. 9, 2019. Following an administrative review by the Office of the City Clerk to
ensure the petition contained the required 1,652 signatures, city staff delivered the petitions to
the County of San Diego Registrar of Voters, which is in charge of verifying the signatures.
The Registrar of Voters had 30 days to verify the signatures . On Nov. 4, 2019, the Registrar of
Voters notified the City Cl erk's Office that the petition contained 1,652 valid signatures of the
registered voters in District 1 to require that a Specia l Election be called to fill the vacancy.
Nov. 8, 2019 Item #1 Page 2 of 14
Fiscal Analysis
Based on an estimate provided by the San Diego County Registrar of Voters, staff estimates that
holding the Special Election on March 3, 2020 will cost approximately $7,500 -$19,500. There
is sufficient funding in the city clerk's fiscal year 2019-20 Operating Budget to cover the costs
associated with holding a Special Election on March 3, 2020.
Next Steps
Staff will file the Resolution (Exhibit 3) with the Board of Supervisors of the County of San Diego
requesting that the Carlsbad Special Election be consolidated with the March 3, 2020, California
Statewide Presidential Primary Election. In addition, staff will publish notice of the Special
Election on the city's website and in the local adjudicated newspapers.
The candidate filing period for the March 3, 2020 Special Election is Tuesday, Nov. 12, 2019, 8
a.m. to Friday, Dec. 6, 2019, at 5 p.m. Anyone wishing to run for the City Council District 1 seat
may obtain nomination papers by scheduling an appointment with the City Clerk's Office.
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 public
viewing and review at least 24 hours prior to the scheduled meeting date. Staff will publish the
Notice of Election on the city's website and in the following newspapers:
• Coast News
• San Diego Union Tribune
• El Latino
• Tieng Viet San Diego News
• The Filipino Press
• Epoch Times
Exhibits
1. City Council Resolution declaring the sufficiency of the petition submitted on Oct. 30, 2019.
2. City Council Resolution calling a Special Election for March 3, 2020.
3. City Council Resolution requesting consolidation services from the San Diego County
Registrar of Voters for the March 3, 2020 Statewide Presidential Primary Election.
4. City Council Resolution adopting regulations for Candidates' Statements of Qualifications.
Nov. 8, 2019 Item #1 Page 3 of 14
RESOLUTION NO. 2019-216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING THE CERTIFICATION OF THE REGISTRAR OF
VOTERS AS TO THE SUFFICIENCY OF THE PETITION ENTITLED A PETITION FOR
SPECIAL ELECTION TO FILL THE VACANCY FOR THE DISTRICT 1 SEAT ON THE
CITY COUNCIL OF THE CITY OF CARLSBAD IN SAN DIEGO COUNTY
Exhibit 1
WHEREAS, on Oct. 9, 2019, City Council Member Barbara Hamilton resigned her seat on the City
Council representing District 1 for a term ending in November 2022; and
WHEREAS, pursuant to Carlsbad Municipal Code Section 2.04.030, when petitions bearing 10%
of the verified signatures of registered voters are presented to the city clerk, a Special Election shall be
called;and
WHEREAS, the petition to fill the City Council District 1 vacancy required at least 1,652 (10%)
valid signatures to be sufficient to require the City Council to call a Special Election; and
WHEREAS, on Oct. 30, 2019, proponents filed with the City Clerk's Office a petition entitled a
"Petition for Special Election to Fill the Vacancy for the District 1 Seat on the City Council of the City of
Carlsbad in San Diego County"; and
WHEREAS, on Oct. 30, 2019, following a prima facie review by the City Clerk's Office, the city
clerk services manager determined that the petition contained sufficient signatures to transmit the
petition to the County of San Diego Registrar of Voters for official signature verification; and
WHEREAS, the results of the signature verification conducted by the County of San Diego
Registrar of Voters was that 1,992 of the 2,019 signatures on the petition were examined of which
1,652 were found to be sufficient; and
WHEREAS, the number of verified signatures is sufficient to require the City Council to call a
Special Election to fill the vacancy in City Council District 1.
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 Carlsbad Municipal Code Section 2.04.030, the City of Carlsbad City
Council hereby accepts the Certificate of Sufficiency (Attachment A) regarding the
petition entitled "Petition for Special Election to Fill the Vacancy for the District 1 Seat
on the City Council of the City of Carlsbad in San Diego County."
Nov. 8, 2019 Item #1 Page 4 of 14
PASSED, APPROVED AND ADOPTED at a Special Meeting of the City Council of the City of
Carlsbad on the 8th day of Nov. 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Bhat-Patel, Blackburn, Schumacher.
None.
None.
l~RBARA ENGLESON, City Clerk
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Nov. 8, 2019 Item #1 Page 5 of 14
RESOLUTION NO. 2019-217
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 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 2
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 fill a vacancy in City Council District 1.
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 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 to fill a vacancy in City Council District 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 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 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.
Nov. 8, 2019 Item #1 Page 7 of 14
7. That notice of the time and place of holding the Special Election is given and the City
Clerk's office is authorized, instructed and directed to give further or additional notice
of the Special 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 Special 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
Special 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 Special Meeting of the City Council of the City of
Carlsbad on the 8th day of Nov., 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Bhat-Patel, Blackburn, Schumacher.
None.
None. MJ!M(#
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jrBARBARA ENGLESON, City Clerk
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Nov. 8, 2019 Item #1 Page 8 of 14
RESOLUTION NO. 2019-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REQUESTING THAT 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 3
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.
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§ 10403 of the California Elections Code, the Board
of Supervisors of the County of San Diego is hereby requested to consent and agree to
the consolidation of a Special Municipal Election with the Statewide Presidential Primary
Election on Tuesday, March 3, 2020 for the purpose of election of one member of the
Carlsbad City Council District 1 for the term of office for which a vacancy was created
and which ends November 2022.
3. That the county election department is authorized to canvass the returns ofthe Special
Municipal Election. The Special Election shall be held in all respects as if there were only
one election and only one form of ballot shall be used. The Special Election will be held
and conducted in accordance with the provisions of law regulating the Special Election.
4. That the Board of Supervisors is requested to issue instructions to the county election
department 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.
Nov. 8, 2019 Item #1 Page 9 of 14
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 county election department of the
County of San Diego.
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
Special 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 Special Meeting of the City Council of the City of
Carlsbad on the 8th day of Nov., 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Bhat-Patel, Blackburn, Schumacher.
None.
None.
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~RBARA ENGLESON, City Clerk
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Nov. 8, 2019 Item #1 Page 10 of 14
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
I, Tamara R. McMinn, Deputy City Clerk of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the original
RESOLUTION NO. 2019-218 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REQUESTING THAT 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 with the
original now on file in the Office of the City Clerk of the City of Carlsbad; that the same
contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 13TH day of Nov., 2019.
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TAMARA R. MCMINN, CPMC, CMC
DEPUTY CITY CLERK
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Nov. 8, 2019 Item #1 Page 11 of 14
Exhibit 4
RESOLUTION NO. 2019-219
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 recitation is true and correct.
2. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of
California, each candidate for nonpartisan 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 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 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
Nov. 8, 2019 Item #1 Page 12 of 14
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 shall 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 Special Meeting of the City Council of the City of Carlsbad on the
8th day of Nov., 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Bhat-Patel, Blackburn, Schumacher.
None.
None.
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ) ss.
I, Tamara R. McMinn, Deputy City Clerk of the City of Carlsbad, County of San Diego,
State of California, hereby certify that I have compared the foregoing copy with the original
RESOLUTION NO. 2019-219 -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 with the
original now on file in the Office of the City Clerk of the City of Carlsbad; that the same
contains a full, true and correct transcript therefrom and of the whole thereof.
Witness my hand and the seal of said City of Carlsbad, this 13TH day of Nov., 2019.
\ ~/\CA lm mM~w'
TAMARA R. MCMINN, CPMC, CMC
DEPUTY CITY CLERK
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Nov. 8, 2019 Item #1 Page 14 of 14
Mia De Marzo
From:
Sent:
To:
Subject:
Council Internet Email
Thursday, November 7, 2019 10:42 AM
City Clerk
FW: Not Apppoint for Opening
From: Marla and John Jensen
Sent: Thursday, November 7, 2019 10:27 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
'Subject: Not Apppoint for Opening
A ll Receive -Agenda Item #_1_1111 ;2.::e,ve --1---[;
f'o r the Information of the : 1-0 · the l11fc.,-,-
CITY COUNCIL
Date ~ CA '{) CC. '()
CM ~00 ~ DCM (3) .:e__ .
It is best to wait for the March election to pick a new council person. An interim appointment would just look like the
council is endorsing a candidate or just filling the space to fill it.
Marla and John Jensen,
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, November 7, 2019 10:22 AM
City Clerk
Subject: FW: Appointment of city council member for district 1
From: alyce oreilly
Sent: Thursday, November 7, 2019 9:44 AM
To: Council Internet Email <CityCouncil@carlsbadca .gov>
Subject: Fw: Appointment of city council member for district 1
-----Forwarded Message -----
From: alyce oreilly
To: council@carlsbad .gov <council@carlsbad .gov>
Sent: Thursday, November?, 2019, 09:41 :11 AM PST
Subject: Appointment of city council member for district 1
I do not think a person should be appointed to fill the vacancy for 3+ months before the election .
Sincerely,
Alyce Oreilly
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, November 7, 2019 9:04 AM
City Clerk
Subject: FW: Interim Council Member for District 1
-----Original Message-----
From: KAY GAVIN
Sent: Thursday, November 7, 2019 9:02 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Interim Council Member for District 1
Dear City Council,
Due to the short length of time this appointee would serve I believe it is not the best use of people's time training and
bringing this person up to speed to adequately represent District 1 and then repeating this entire process after the
March 3rd election . I think the City should be able to function on a 4 member council for 3-4 mo and act in the best
interest for all Carlsbad residents.
Regards-
Kay and Kevin Gavin
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, November 7, 2019 8:37 AM
City Clerk
Subject: FW: Election vs. Appointment
From: Jan Bandich
Sent: Wednesday, November 6, 2019 7:37 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Election vs . Appointment
Dear City Council Members,
I hope that you will reflect on the fact that, in less than a week, over 2,000 D-1 citizens chose to sign
a petition to have an election, rather than an appointment, for the vacant City Council seat. I hope
you will consider this carefully and choose not to appoint someone at this time. Citizens want an
elected replacement who represents their values and rights .
Thank you,
Jan Bandich
Carlsbad Resident D-1
May you always have: Love to share, Friends who care, and Health to spare.
1
Mia De Marzo
From:
Sent:
To:
Subject:
Council Internet Email
Thursday, November 7, 2019 8:32 AM
City Clerk
FW:
From: Linda C
Sent: Wednesday, November 6, 2019 11:07 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject:
All Receive -Agenda Item#
For the Information of th;-
CITY ~UNCIL
Date ~ CA ~cc y.;
CM ~coo _}I}_ DCM (3)'~
I believe the Council has asked District 1 residents for opinions on the need for a temporary appointment to the Council.
It appears that there is only one subcommittee that has a vacancy. If that is accurate, I think that we can live with the
vacancy for 3.5 or so months.
On another topic, if Cori runs for the seat in district 1 and succeeds, does that mean we would then have another
vacancy and have to pay the higher price to get that position filled later in the year, if it, too, goes to a vote?
Linda Petrucci
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, November 7, 2019 8:31 AM
City Clerk
Subject: FW: Appointment for vacant city council seat
-----Original Message-----
From: Linda BraunTrautmanll
Sent: Thursday, November 7, 2019 5:11 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Appointment for vacant city council seat
I do not think there should be an appointment for the vacant city council seat before the election is held in March. It's a
waste of time and money and could prejudice the election.
By the time the appointed council member was up to speed it would be time for the election. Also the appointed council
member would have name recognition and could prejudice the election. Please wait for the election that the people
petitioned for to take place.
Thank you,
Linda Trautman
Linda BraunTrautman
Sent from my iPhone
1
Hector Gomez
From:
Sent:
To:
Andrea Dykes
Wednesday, November 6, 2019 5:18 PM
City Clerk
Subject: FW: Concerns with Petition for election of district 1 representative
From: Tony Bona
Sent: Wednesday, November 6, 2019 5:12 PM
All Receive -Agenda Item # .::1..
For the Information ofth;-
CITY COUNCIL
Date !.!./_{/11. CA X cc ~
CM .K.. coo X DCM (3) X
To: Matthew Hall <Matt.Hall@carlsbadca.gov>; Priya Bhat-Patel <Priya.Bhat-Patel@CarlsbadCA.gov>; Keith Blackburn
<Keith.Blackburn@carlsbadca.gov>; Scott Chadwick <Scott.Chadwick@carlsbadca .gov>; Celia Brewer
<Celia.Brewer@carlsbadca.gov>; Andrea Dykes <Andrea .Dykes@carlsbadca.gov>
Subject: Concerns with Petition for election of district 1 representative
Honorable Mayor, Council and Staff -
My name is Anthony Bona . I live in Carlsbad in District 1. I am writing this email to be subject matter for the Friday
special meeting since I can not attend.
The purpose of this email is to advise you all that under the recommendation of my legal counsel, I have put in a public
records request with the city clerk for: "Any and all correspondence between the city of Carlsbad and the county
Registrar of Voters" between October 1, 2019 and November 7, 2019 . This is specifically with regard to the petition
signature verification for the district 1 election.
The basis of our concern is that it has been publicly stated by many folks in the ROV that verification of petition
signatures typically take between 30 -45 days. We really want to understand "HOW" and "WHY" this process was so
abbreviated. This leads us to question the reliability of the verification -how can something that usually takes 30-45
days happen in less than a week?
Of additional concern is the verbiage relating to the petition. We would like to see EXACTLY what people were signing
up for.
Then we also have the following concerns:
1. Who called this special meeting?
2. In reading the agenda packet -Why is council re-hashing the appointment process when specific dates were already
voted on with a 2-1 vote?
In summary, my counsel and I believe there is something fishy in Denmark. We would like answers and please
understand we will accept nothing less.
Thank you all for serving Carlsbad with integrity and transparency.
Thank you,
Tony
1
Hector Gomez
From:
Sent:
To:
Subject:
Joe Sardina
Wednesday, November 6, 2019 8:43 AM
Council Internet Email; City Clerk
District 1 Council Seat
I am unable to attend the 8 Nov. meeting.
As a District 1 voter, my strong preference is for the council to appoint an interim member to represent our district until
an election on 3 March 2020 when voters w i ll elect our representative to the council replacing the interim appointment.
Regards,
~ Joseph Sardina
Sent with Proton Mail Secure Email.
1
All Receive -Agenda Item # 2.
For the Information of th;-
CITY COUNCIL
Date //-J·/t CA l(___CC '><
CM K._ COO . X:-DCM (3) ..JS:.
Mia De Marzo
From:
Sent:
To:
Subject:
Council Internet Email
Thursday, November 7, 2019 3:48 PM
City Clerk
FW: DISTRICT 1 APPOINTMENT
From: Dan O'Reilly
Sent: Thursday, November 7, 2019 3:14 PM
To: Council Internet Email <CityCouncil@carlsbadca .gov>
Subject: DISTRICT 1 APPOINTMENT
Council members.
All Receive -Agenda Item# \ !'.Ji r:2c:, 11c -
For the Information of th;--.
CITY COUNCIL
Date ~ CA '£_ CC _Y!_
CM -$)coo '(> DCM (3) ~
I feel that appointing an interim council member is a needless waste of valuable fiscal
and staff resources.
The residents of District 1 have expressed their wishes by petition and want the matter
to be decided by an election in March 2020.
Fellow residents in this district resent the idea of a temporary Council person and the
attendant
expenses being forced upon them.
Daniel O'Reilly
Carlsbad, Ca.
92008
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, _November 7, 2019 3:47 PM
City Clerk
Subject: FW : District one vacancy
From: David Stroh [
Sent: Thursday, November 7, 2019 3:45 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: District one vacancy
The Council should NOT continue to spend time and city resources on an appointment
process to fill the vacant seat for district one for such a short time.
David Stroh
Carlsbad Ca
Sent from my iPhone
1
Mia De Marzo
From:
Sent:
To:
Subject:
Council Internet Email
Thursday, November 7, 2019 2:15 PM
City Clerk
FW: District 1
From: Carlos Family
Sent: Thursday, November 7, 2019 2:08 PM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: District 1
All Receive -Agentla Item /:I_\_
For the Information of the:
CITY COUNCIL
Date ~1 cA ~cc :::e_
CM .::£_ COO ':P_ DCM (3) ~
We would li ke to voice our support of having a District 1 representative appointed for an interim period before an
election . With the ever changing landscape of the village and the needs of the district, an absence to the seat, could be
detrimental to the representation of the residents in District 1.
Thanks for serving our city!
Andrew Carlos AIA
Jennifer Ca rl os
Carlsbad (District 1)
Sent from my iPhone
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, November 7, 2019 12 :22 PM
City Clerk
Subject: FW: Appointment of council person
From: Doris Schiller
Sent: Thursday, November 7, 2019 11:53 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Subject: Appointment of council person
Please don't use taxpayer time to appoint an Interim council member for just a few months. I would rather u spend
your time addressing important issues.
Doris schiller
Carlsbad Ca
1
Mia De Marzo
From: Council Internet Email
Sent:
To:
Thursday, November 7, 2019 12:22 PM
City Clerk
Subject: FW: District 1 Right To Vote
From: Frank Sung
Sent: Thursday, November 7, 2019 11:50 AM
To: Council Internet Email <CityCouncil@carlsbadca.gov>
Cc: Robin Sung
Subject: District 1 Right To Vote
Hello City Council Members -First of all ... Thank You for serving! Your plate is quite full and
the time you devote to serving & leading the City is appreciated.
My wife and I just want to encourage you to (1) adopt the proposal to schedule the special
election to be held during the March 2020 primaries. This would give the residents of District
1 a chance to VOTE for a representative to complete the 3 years remaining in the vacated
seat. This would also be the LEAST cost option. We are appreciative of those who gathered
the signatures to ask for the VOTE. We also encourage you to (2) NOT appoint someone to
represent the District in the interim. An appointment would NOT make sense given the issues
that are on the table before you.
Thank you!
Frank & Robin Sung, 17 year Carlsbad Residents
franksung01@gma il .com
1
Mia De Marzo
From:
Sent:
To:
Subject:
GEORGE.CORRALES
Thursday, November 7, 2019 6:27 PM
City Clerk
FOR PUBLIC COMMENT NOV. 8 MEETING > As to the Sufficiency of the Submitted
Petition
Dear Mayor and Council of the City of Carlsbad:
You are being asked today to certify the sufficiency of the petition submitted by the registered voters of the City of
Carlsbad District 1 to call a Special Election to fill the District 1 council vacancy. I am asking you to delay this vote until
you and the general public have more information as described below.
This past Monday, I asked the City Clerk's Office in Carlsbad to provide me with the exact wording that appeared in the
three paragraphs below the title of the petition. I've NOT gotten a response to my email.
Moreover, a copy of the petition is not available in the agenda packet so there continues to be a mystery as to the three-
paragraph statement that was below the title.
In the Agenda Packet, staff notes that "On Nov. 4, 2019, the San Diego County Registrar of Voters notified staff that the
petition contained the required number of signatures (1,652) to require a Special Election be called to fill the vacancy in
City Council District l."
However, in the letter from the Registrar that is included in the agenda packet, there is no verbiage attesting to nor
certifying the validity and correctness of the petition statement, which I understand is required by law.
Furthermore, note that the word "vacancy" was misspelled in the title of the original petition and staff took the liberty
to correct it in the agenda packet. A question therefore remains, are there any misspellings or grammatical errors in the
body of the petition that may have been misleading or may have led to confusion? I don't know. Do you?
In effect, no one but the signature gatherers know with certainty what was written and stated in that petition. And
when I asked the City to provide a copy of the petition for public inspection, I got no response, at least not in time for
this Friday meeting.
If the public is in no reasonable position to challenge the wording of the petition, and if you yourselves have not seen or
read the petition statement, you are not in a position to approve the sufficiency of the petition. This would be
tantamount to signing a contract without reading it.
I implore you to delay approval of sufficiency until you and the general public have all had time to read the petition
statement, see exactly what it was that voters signed, and THEN bring the matter to a vote.
If you value transparency, then surely you care that all of this should be as above-boa'rd as possible. But if you don't
care, then by all means, vote to certify the sufficiency of the petition on Friday.
Sincerely,
George H. Corrales
1