HomeMy WebLinkAbout2022-06-21; City Council; ; Calling the Nov. 8, 2022, General Municipal Election and consider placing a measure on the ballot to obtain voter authorization to expend more than $1 million for the refCA Review CKM
Meeting Date: June 21, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 442-339-5989
Sheila Cobian, Director of Legislative & Constituent Services
sheila.cobian@carlsbadca.gov, 442-339-2917
Subject: Calling the Nov. 8, 2022, General Municipal Election and consider placing
a measure on the ballot to obtain voter authorization to expend more than
$1 million for the refurbishment of the Monroe Street Pool
District: All
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. 8, 2022, for the purpose of electing a Mayor,
City Council Member District 1, City Council Member District 3, City Treasurer and City
Clerk for terms ending November 2026.
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. 8, 2022.
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. 8, 2022.
Additionally, if the City Council wishes to submit to the voters a ballot measure on the Monroe
Street Pool Renovation/Replacement Project:
4. Adopt a resolution ordering the submission of the ballot measure to the voters,
including a ballot question asking:
“Do the voters of the City of Carlsbad approve spending existing
city funds from various sources, including the General Fund, in
an amount to exceed $1 million for the Monroe Street Pool
Renovation/Replacement Project located at 3401 Monroe
Street for an estimated cost of $22 million - $24 million?”
The resolution would additionally request consolidation services from the San Diego
County Board of Supervisors, direct the City Attorney to prepare an impartial analysis
not to exceed 500 words, and establish procedures for written ballot arguments not to
exceed 300 words and rebuttal arguments not to exceed 250 words.
June 21, 2022 Item #13 Page 1 of 31
Executive Summary/Discussion
Election of city officials
Carlsbad Municipal Code Section 1.12.020 requires the city’s general municipal election to be
held on the same date as the statewide general election. The next statewide general election
will be held on Nov. 8, 2022. The city will participate for the purpose of electing the following
officials for terms ending November 2026:
• Mayor
• City Council Member District 1
• City Council Member District 3
• City Treasurer
• City Clerk
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. 12, 2022. 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 Section 10403(b)).
The candidate filing period for the city’s general municipal election is from Monday, July 18,
2022, at 8 a.m. to Friday, Aug. 12, 2022, at 5 p.m. (California Elections Code Sections 10220,
10224). If nomination papers are not filed by the incumbent Mayor, incumbent City Council
District 3 representative or incumbent City Treasurer by Friday Aug. 12, 2022, at 5 p.m., the
candidate filing period for those offices will be extended to Wednesday, Aug. 17, 2022, at 5
p.m. (Cal. Elections Code Section 10225). Anyone wishing to run for any of the open seats may
obtain nomination papers by scheduling an appointment with the City Clerk Services Manager.
Monroe Street Pool ballot measure
Staff presented a report to the City Council on Jan. 26, 2021, seeking concept direction for the
Monroe Street Pool Renovation/Replacement Project (Exhibit 7). The City Council directed staff
to pursue Design Concept No. 3 and to place the project on the June 7, 2022, primary election
ballot since the project would be subject to the city’s Proposition H provisions that require
voter approval to spend more than $1 million in existing general fund money.1
Then, on Feb. 2, 2022, the City Council adopted Resolution No. 2022-049, which directed staff
to defer placing the item on the June 7, 2022, primary election ballot and to return to the City
Council with sufficient time to consider placing the measure on the ballot for the Nov. 8, 2022,
statewide general municipal election. Deferring placement of the project on the ballot allowed
the City Council to continue working through its strategic planning process and to prioritize
upcoming capital projects.
1 An overview of the Proposition H provisions and guidelines is provided as Exhibit 11
June 21, 2022 Item #13 Page 2 of 31
Staff are now providing the following proposed ballot question for City Council consideration:
The full text of the proposed ballot measure, which includes this ballot question and an
ordinance adding a section to the Carlsbad Municipal Code approving the expenditure of more
than $1 million for the Monroe Street Pool Renovation/Replacement Project, is included in
Attachment A to Exhibit 4. If the ballot measure is approved by the City Council, the City
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 City Council are:
• Does the City Council wish to take a position on the ballot measure and allow its
members to submit an argument supporting the position?
Generally, the city may not use public resources to campaign for or against ballot
measures. The City Council may, however, adopt a position on a ballot measure, as long
as the position is adopted at an open meeting where all voices have the opportunity to
be heard. Consistent with this ability, California Elections Code Section 9282 allows the
City Council to authorize council members to write arguments in favor of, or against, the
measure. The resolution in Exhibit 4 anticipates the City Council will choose to take a
position in favor of the measure if the City Council places the measure on the ballot.
Consequently, the resolution in Exhibit 4 includes language authorizing the Mayor or a
designee to prepare the city’s ballot argument, which the City Council members may
then choose to sign. These provisions can be excised from the resolution if the City
Council chooses not to take a position on the measure or does not wish to submit a
written argument in support of its position.
• Does the City Council wish to allow rebuttals to the arguments in favor of or against the
measure?
California Elections Code Section 9285(b) allows the City Council to determine whether
to permit rebuttal arguments. The City Council has historically permitted them and
Exhibit 4 anticipates the City Council will choose to permit them for this ballot measure.
Exhibit 4 also anticipates the Mayor or a designee would prepare the city’s rebuttal
argument, which the City Council members may then choose to sign. If the City Council
chooses not to allow rebuttal arguments or does not wish to authorize the Mayor or
MEASURE ___. MONROE STREET POOL
RENOVATION/REPLACEMENT PROJECT
Do the voters of the City of Carlsbad approve spending
existing city funds from various sources, including the
General Fund, in an amount to exceed $1 million for the
Monroe Street Pool Renovation/Replacement Project
located at 3401 Monroe Street for an estimated cost of $22
million - $24 million?
YES
NO
June 21, 2022 Item #13 Page 3 of 31
designee to prepare one on the city’s behalf, these provisions can be excised from the
resolution.
Members of the public may also file written arguments for or against the measure. If there are
multiple arguments for or against the measure, California Evidence Code Section 9287
prioritizes which arguments are to be selected for printing and distribution to the voters. The
priority order is: (1) authorized City Council members; (2) measure sponsors; (3) bona fide
citizens’ associations; and (4) individuals eligible to vote on the measure.
Arguments may not exceed 300 words and rebuttals may not exceed 250 words. Additionally,
arguments and rebuttals may not be signed by more than five people.
Ballot measure timeline
Because the city will be requesting to consolidate the election with the statewide general
municipal election, the deadlines for the submittal of arguments and rebuttals will be the same
deadlines as set by the Registrar of Voters and California Elections Code:
Aug. 12 Ballot text and consolidation resolution due to
the Registrar of Voters
Aug. 18, by noon Arguments in favor of or against the ballot
measure are due at the City Clerk’s Office
Aug. 19-29 Public examination period for arguments
Aug. 19, by noon City Attorney’s impartial analysis is due at the
City Clerk’s Office
Aug. 20-29 Public examination period for impartial
analysis
Aug. 23, by noon Rebuttal arguments are due at the City Clerk’s
Office
Aug. 24 – Sept. 1 Public examination period for rebuttal
arguments
Fiscal Analysis
Although the actual costs of the election are likely to vary depending on how many jurisdictions
participate and other factors, based on an estimate provided by the San Diego County Registrar
of Voters, staff estimate that conducting the Nov. 8, 2022, general municipal election will cost
the city approximately $129,000-$219,000. The City Clerk’s Office’s budget for fiscal year 2022-
23 includes the necessary funds to cover the costs related to the election.
Additionally, if the City Council approves the Monroe Street Pool measure, the Registrar of
Voters has provided a cost estimate of $65,000-$95,000 to place the measure on the ballot for
the statewide general municipal election on Nov. 8, 2022. The City Clerk’s Office’s budget for
fiscal year 2022-23 does not include the necessary funds to cover the costs related to the
placement of the measure on the ballot. If approved by City Council, budget savings within the
City Clerk’s Office’s budget in fiscal year 2021-22 will be recommended for carryforward to fund
the costs of placing the measure on the ballot.
June 21, 2022 Item #13 Page 4 of 31
If additional funds are necessary, staff will request an additional appropriation upon receipt of a
properly submitted bill.
Next Steps
Staff will file the resolutions 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. 8, 2022. In addition, staff will publish the Notice of the Election on the
city’s website and in the following local newspapers of general circulation authorized to publish
legal notices:
•The Coast News
•The San Diego Union-Tribune
•El Latino
•Tieng Viet San Diego News
•The Filipino Press
•The Epoch Times
Environmental Evaluation
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.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public
viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council resolution calling the Nov. 8, 2022, 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. 8, 2022, general municipal election
3.City Council resolution adopting regulations for candidates’ statements of qualifications
4.City Council resolution calling a municipal election to submit a ballot measure to the voters
to approve expending more than $1 million for the Monroe Street Pool Renovation/
Replacement Project, requesting consolidation services from the San Diego County Board of
Supervisors, directing the preparation of an impartial analysis, and establishing procedures
for ballot arguments and rebuttals
5.Registrar of Voters cost estimate for election
6.Registrar of Voters cost estimate for measure
7.Jan. 26, 2021, Staff Report – Monroe Pool Renovation/Replacement Project – Concept
Direction (on file in the office of the City Clerk)
8.Jan. 26, 2021, City Council Meeting Minutes (on file in the Office of the City Clerk)
9.Feb. 22, 2022, Staff Report – Timing of the Ballot Measure for the Monroe Street Pool
Renovation/Replacement Project (on file in the Office of the City Clerk
10.Feb. 22, 2022, City Council Meeting Minutes (on file in the Office of the City Clerk)
11.Proposition H overview
June 21, 2022 Item #13 Page 5 of 31
RESOLUTION NO. 2022-153
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. 8, 2022, FOR THE
PURPOSE OF ELECTING A MAYOR, CITY COUNCIL MEMBER DISTRICT 1, CITY
COUNCIL MEMBER DISTRICT 3, CITY TREASURER AND CITY CLERK FOR
TERMS ENDING IN NOVEMBER 2026
Exhibit 1
WHEREAS, under Carlsbad Municipal Code Section 1.12.020, 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. 8, 2022; and
WHEREAS, under Carlsbad Municipal Code Section 2.04.080, the City's transition to district
elections requires the selection of the Mayor, City Council Member District 1, City Council Member
District 3, City Treasurer and City Clerk at the election on Nov. 8, 2022.
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. 8, 2022, a general municipal election for the purpose of electing a Mayor, City
Council Member District 1, City Council Member District 3, City Treasurer and City Clerk
for terms ending in November 2026.
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.In keeping with California Elections Code Section 10418, the hours for the opening and
closing of the polls for the general municipal election shall be the same as provided for
the statewide general election on Nov. 8, 2022.
June 21, 2022 Item #13 Page 6 of 31
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 that are consolidated with
statewide elections.
7.That notice of the time and place of holding the election is given and the City Clerk's
Office is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
8.That in the event of a tie vote (if any two or more persons receive an equal and the
highest number of votes for an office) as certified by the 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 21st day of June, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Norby.
Hall.
None.
� f,r FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
June 21, 2022 Item #13 Page 7 of 31
RESOLUTION NO. 2022-154
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 GENERAL ELECTION TO BE HELD ON NOV. 8, 2022
Exhibit 2
WHEREAS, under Carlsbad Municipal Code Section 1.12.020, 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. 8, 2022; and
WHEREAS, under Carlsbad Municipal Code Section 2.04.080, the City's transition to district
elections requires the selection of the Mayor, City Council Member District 1, City Council Member
District 3, City Treasurer, and City Clerk at the election on Nov. 8, 2022.
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 in accord with California Elections Code Section 10403, the City Council requests
the San Diego County Board of Supervisors to consolidate the general municipal election
with the statewide general election on Tuesday, Nov. 8, 2022, and to issue instructions
to the Registrar of Voters to take the necessary steps for holding the consolidated
election.
3.That the City Council acknowledges the consolidated election will be held and conducted
in the manner prescribed by California Elections Code 10418.
4.That in accord with Article XXIV-A, Section 439.1(2)(d) of the San Diego County Code of
Administrative Ordinances, the City of Carlsbad agrees to indemnify and hold harmless
the county, its officers, agents and employees from liability expenses, including
reasonable attorney fees, as the result of an election contest arising after the conduct
of the election, so long as the election contest relates to the city's general municipal
election and either arises from the conduct of the city or as a result of the reasonable
reliance by county upon information provided by the city.
June 21, 2022 Item #13 Page 8 of 31
5.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 in the time and manner
required by law.
6.That the City Clerk Services Manager shall certify to the passage and adoption of this
Resolution.
7.That the City Council authorizes the City Clerk Services Manager to administer the
general municipal election.
8.That the city will reimburse the county for the costs incurred for the consolidation upon
the county's 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 21st day of June, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Norby.
Hall.
None.
MATT HALL, Mayor
I!/& .f.,v FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
June 21, 2022 Item #13 Page 9 of 31
RESOLUTION NO. 2022-155
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. 8, 2022
Exhibit 3
WHEREAS, California Elections Code Section 13307 authorizes the City Council to adopt
regulations pertaining to materials prepared by any candidate for a nonpartisan elective office in
the city, including costs of the candidates' statements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the 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. 8, 2022,
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 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 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.
8.All translations shall be provided by professionally certified translators.
June 21, 2022 Item #13 Page 10 of 31
C.The Registrar of Voters will print and mail separate sample ballots and
candidates' statements in Spanish, Vietnamese, Filipino and Chinese to only
those voters who are in the county voter file as having requested a sample
ballot in a particular language. The Registrar of Voters will make the sample
ballots and candidates' statements in the required languages available at all
polling places, on the county's website and in the Election Official's office.
4.ADDITIONAL MATERIALS. No candidate will be permitted to include additional
materials in the sample ballot package.
5.PAYMENT. The City Clerk Services Manager shall estimate the total cost of printing,
handling, translating as specified, and mailing the candidates' statements filed
pursuant to the Elections Code, including costs incurred as a result of complying with
the Federal Voting Rights Act and require each candidate filing a statement to pay in
advance his or her estimated pro rata share of $1,100 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 ofthis Resolution at the time nominating petitions
are issued.
7.This Resolution shall apply only to the general municipal election to be held on
Nov. 8, 2022.
8.The City Clerk Services Manager shall certify to the passage and adoption of this
resolution.
June 21, 2022 Item #13 Page 11 of 31
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of June, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Norby.
Hall.
None.
� ,rv FAVIOLA MEDINA, City Clerk Services Manager
(SEAL}
June 21, 2022 Item #13 Page 12 of 31
RESOLUTION NO. 2022-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CALLING A MUNICIPAL ELECTION TO SUBMIT A BALLOT
MEASURE TO THE VOTERS TO APPROVE EXPENDING MORE THAN $1
MILLION FOR THE MONROE STREET POOL RENOVATION/REPLACEMENT
PROJECT, REQUESTING CONSOLIDATION SERVICES FROM THE SAN DIEGO
COUNTY BOARD OF SUPERVISORS, DIRECTING THE PREPARATION OF AN
IMPARTIAL ANALYSIS, AND ESTABLISHING PROCEDURES FOR BALLOT
ARGUMENTS AND REBUTTALS
EXHIBIT 4
WHEREAS, as authorized by California Elections Code Section 9222, the City Council wishes to
hold an election for the purpose of submitting to the voters a ballot measure to obtain voter
authorization to expend more than $1 million for the Monroe Street Pool Renovation/Replacement
Project; and
WHEREAS, California Elections Code Section 9222 requires the election to be held at the next
regular election occurring not less than 88 days after the date of the order of election; and
WHEREAS, the next regular election meeting this criterion is the statewide general election to
be held on Nov. 8, 2022; and
WHEREAS, it is desirable for the municipal election to be consolidated with the statewide
general election; and
WHEREAS, it is desirable to obtain an impartial analysis of the ballot measure; and
WHEREAS, it is desirable to establish the procedures for ballot arguments and to authorize the
Mayor or a designee to prepare a written argument in favor of the measure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.The above recitations are true and correct.
2.Call for Municipal Election.
a.As authorized by California Elections Code Sections 9222 and 10201, a municipal
election in the City of Carlsbad is called for Nov. 8, 2022 to submit to the voters a
ballot measure to obtain voter authorization to expend more than $1 million for the
Monroe Street Pool Renovation/Replacement Project.
June 21, 2022 Item #13 Page 13 of 31
3.
4.
b.In accord with California Elections Code Section 10418, the hours for the opening
and closing of the vote centers for the municipal election shall be the same as
provided for the statewide general election on Nov. 8, 2022.
c.The City Clerk's Office shall give further notice of the municipal election as required
by law.
Consolidation with Statewide Primary Election.
a.In accord with California Elections Code Section 10403, the City Council requests the
County of San Diego Board of Supervisors to consent and agree to the inclusion of
the ballot measure and consolidate the municipal election with the statewide
primary election on Tuesday, Nov. 8, 2022 and to issue instructions to the Registrar
of Voters to take the necessary steps for holding the consolidated election.
b.The ballot question and the full text of the ballot measure to be presented to the
voters are set forth in Attachment A.
c.A majority vote of the voters (50% +l) is required to approve the ballot measure.
d.The City Council acknowledges the consolidated election will be held and conducted
in the manner prescribed by California Elections Code Section 10418.
e.That in accord with Article XXIV-A, Section 439.1(2)(d) of the San Diego County Code
of Administrative Ordinances, the City of Carlsbad agrees to indemnify and hold
harmless the county, its officers, agents and employees from liability expenses,
including reasonable attorney fees, as the result of an election contest arising after
the conduct of the election, so long as the election contest relates to the city's
municipal election and either arises from the conduct of the city or as a result of the
reasonable reliance by county upon information provided by the city.
Reimbursement of Election Costs. The city will reimburse the county for the costs
incurred for the consolidation upon the county's presentation of a properly submitted
bill.
5.Submission of Resolution to County Officials. The City Clerk's Office is directed to file a
certified copy of this resolution and its attachment with the Board of Supervisors and
the Registrar of Voters in the time and manner required by law.
June 21, 2022 Item #13 Page 14 of 31
6.
7.
Impartial Analysis. The City Clerk's Office is directed to transmit a copy of the measure
to the City Attorney. The City Attorney shall prepare an impartial analysis of the
measure in accord with California Elections Code Section 9280 showing the effect 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. The
impartial analysis shall not exceed 500 words. If the entire text of the measure is not
printed on the ballot, or in the voter information pamphlet, there shall be printed
immediately below the impartial analysis in no less than 10-point bold type: "The above
statement is an impartial analysis of Ordinance or Measure ___ . If you desire a copy
of the ordinance or measure, please call the City Clerk's Office at 442-339-2808 and a
copy will be mailed at no cost to you."
Ballot Arguments.
a.The Mayor or a designee is authorized to prepare a written argument in favor of the
measure. If a qualified argument against the measure is submitted, the Mayor or a
designee may prepare a rebuttal argument. The argument in favor and the rebuttal
argument, if any, may also be signed by the other members of the City Council.
b.Arguments and rebuttals shall comply with the applicable provisions of the California
Elections Code, including Sections 9282 through 9285 and Section 9600.
c.Arguments in favor of or against the measure shall not exceed 300 words. Rebuttal
arguments shall not exceed 250 words.
d.All arguments and rebuttals shall be filed with the City Clerk's Office, 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. All arguments and rebuttals shall be accompanied by the Form of
Statement to be Filed by the Author(s) of Argument signed by no more than five
authors.
e.If the City Clerk's Office receives multiple arguments in favor of or against the
measure, the City Clerk Services Manager shall select one argument in favor of and
June 21, 2022 Item #13 Page 15 of 31
8.
one argument against the measure, giving preference and priority in the order
specified in California Elections Code Section 9287.
f.When the City Clerk Services Manager has selected the arguments for and against
the measure which will be printed and distributed to the voters, the City Clerk
Services Manager shall send a copy of the argument in favor of the measure to the
authors of the argument against the measure and a copy of the argument against
the measure to the authors of the argument in favor of the measure. The author or
a majority of the authors of an argument relating to the measure may prepare and
submit a rebuttal argument or may authorize in writing any other person or persons
to prepare, submit, or sign the rebuttal argument. Rebuttal arguments shall be filed
with the City Clerk's Office no later than 10 days after the final filing date for direct
arguments. A rebuttal argument shall be printed in the same manner as a direct
argument, and shall immediately follow the direct argument which it seeks to rebut.
g.The arguments may be changed or withdrawn until and including the date fixed by
the City Clerk Services Manager, after which no arguments for or against the
measure may be submitted.
h.These provisions for ballot arguments shall apply only to the general municipal
election to be held on Nov. 8, 2022.
Public Examination and Publication of Measure, Impartial Analysis and Ballot
Arguments. The City Clerk's Office shall make a copy of the ballot measure, the City
Attorney's impartial analysis and any ballot arguments available for public examination
in accord with California Elections Code 9223 and 9295. The City Clerk's Office is further
directed to publish a synopsis of the ballot measure in the manner required by California
Elections Code Section 12111 at least one week before the election.
June 21, 2022 Item #13 Page 16 of 31
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 21st day of June, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Bhat-Patel, Acosta, Norby.
Hall, Blackburn.
None.
MA TT HALL, Mayor
fil .¥ FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
June 21, 2022 Item #13 Page 17 of 31
Ballot Question
MEASURE_. MONROE STREET POOL
RENOVATION/REPLACEMENT PROJECT
Attachment A
YES
Do the voters of the City of Carlsbad approve spending
existing city funds from various sources, including the 1-------------< General Fund, in an amount to exceed $1 million for the NO
Monroe Street Pool Renovation/Replacement Project
located at 3401 Monroe Street for an estimated cost range
of $22 million up to $24 million, adjusted annually by the
percentage increase in the regional construction cost
index?
Full Text of Ballot Measure
Ordinance No. ---
AN INITIATIVE ORDINANCE OF THE CITY OF CARLSBAD, CALIFORNIA
APPROVING THE EXPENDITURE OF MORE THAN $1 MILLION IN CITY
FUNDS FOR THE MONROE STREET POOL RENOVATION/REPLACEMENT
PROJECT
The people of the City of Carlsbad, California, do ordain as follows:
SECTION 1. The city is approved to expend more than $1 million dollars and up to $24 million in
city funds, adjusted annually by the percentage increase in the regional construction
cost index, for the Monroe Street Pool Renovation/Replacement Project.
SECTION 2. This ordinance shall take effect as provided in California Elections Code Section
9217.
SECTION 3. The City Clerk's Office shall publish this ordinance according to law.
June 21, 2022 Item #13 Page 18 of 31
1
Faviola Medina
From:Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Sent:Friday, May 13, 2022 11:41 AM
To:Faviola Medina
Cc:Vargas, Elvira
Subject:RE: Request for Quote
Good Morning Faviola,
We don’t have all the jurisdictions that will be ultimately participating in the election. The number of participating
jurisdictions and number of contests will be known after the 88th day before the respective election. The actual
costs are likely to vary depending on how many jurisdictions participate. The Registrar of Voters assign election
costs in a consolidated election through the use of a weighted average method. This attributes costs to each
jurisdiction based on the number of contests, the number of registered voters, and the number of sample ballot
pages. The County of San Diego Board of Supervisors approved the county’s transition to a vote center model
under the Voters Choice Act on October 19, 2021. With the introduction of the Voter’s Choice Act, vote centers
replace traditional polling places. Vote centers are open throughout the county for an extended period before
Election Day. Rather than a single day of service, poll workers are now needed to staff vote centers up to 11 days
in the two weeks before Election Day.
For the November 2022 Gubernatorial General Election, below is the cost projection based on 3 candidates running
for each office:
CARLSBAD – Mayor: $35K ‐ $55K
CARLSBAD ‐ City Clerk: $35K ‐ $55K
CARLSBAD – Treasurer: $35K ‐ $55K
CARLSBAD ‐ District #1: $11K ‐ $26K
CARLSBAD ‐ District #3: $13K ‐ $28K
Below are the current assumptions:
# of registered voters as of 5/3/2022: 80,783
o District #1: 17,416
o District #3: 21,474
All registered voters will receive their official ballot in the mail, along with the “I Voted” stickers.
Pre‐paid postage for all voters receiving their official ballot in the mail.
Expand mail ballot drop off locations to a minimum of 130 locations using staffed personnel for a 28‐day
period.
Expand in‐person voting to 11‐day period.
Unknown number of County measures and State propositions at this time.
Conditional voter registration (which allows a voter to register and vote on the same day) available at all
vote centers.
The number of voters continues to grow across all jurisdictions.
Translation to all federal mandated languages (Spanish, Chinese, Vietnamese and Filipino).
One‐card ballot.
Thanks,
Liliana
Exhibit 5
June 21, 2022 Item #13 Page 19 of 31
2
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
County of San Diego
Registrar of Voters
Address: 5600 Overland Avenue, Suite 100 | San Diego, CA 92123‐1278
E‐mail: Liliana.Lau@sdcounty.ca.gov | Office: (858) 505‐7208
Mail Stop: O‐34 | Website: www.sdvote.com
Is it worth a tree to print me?Please consider the environment before printing this email.
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain information protected from disclosure by applicable laws and regulations. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message or any of the information contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments. Unintended transmission shall not constitute waiver of any applicable legal protection afforded to this email and any attached documents.
From: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Sent: Wednesday, May 11, 2022 2:52 PM
To: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Cc: Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>
Subject: [External] RE: Request for Quote
Importance: High
Hi Liliana,
I am finishing up my staff report to call for the election in November and am wondering if I may I have the cost estimate
for the Nov. 2022 election for 3 at large (citywide seats) and 2 district seats (District 1 and District 3)?
Thank you,
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
P: 442‐339‐5989
From: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Sent: Wednesday, April 20, 2022 6:32 PM
To: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Subject: RE: Request for Quote
Hi Faviola,
The cost projection for a 6‐page measure, including arguments and rebuttals, appearing in the November 2022
Gubernatorial General Election is $65K ‐ $95K.
June 21, 2022 Item #13 Page 20 of 31
COUNTY OF SAN DIEGO
REGISTRAR Of VOTERS
ityof
shad
3
Below are the current assumptions:
# of registered voters as of 4/01/2022: 81,157
All registered voters will receive their official ballot in the mail, along with the “I Voted” stickers.
Pre‐paid postage for all voters receiving their official ballot in the mail.
Expand mail ballot drop off locations to a minimum of 130 locations for 28‐day period.
Expand in‐person voting to 11‐day period.
Unknown number of County measures and State propositions at this time.
Conditional voter registration (which allows a voter to register and vote on the same day) available at all
vote centers.
The number of voters continues to grow across all jurisdictions.
One‐card ballot.
Thanks,
Liliana
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
County of San Diego
Registrar of Voters
Address: 5600 Overland Avenue, Suite 100 | San Diego, CA 92123‐1278
E‐mail: Liliana.Lau@sdcounty.ca.gov | Office: (858) 505‐7208
Mail Stop: O‐34 | Website: www.sdvote.com
Is it worth a tree to print me?Please consider the environment before printing this email.
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain information protected from disclosure by applicable laws and regulations. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message or any of the information contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments. Unintended transmission shall not constitute waiver of any applicable legal protection afforded to this email and any attached documents.
From: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Sent: Wednesday, April 20, 2022 5:06 PM
To: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Cc: Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>
Subject: [External] RE: Request for Quote
Hi Liliana,
No, but I don’t imagine it being more than a page or two.
The last estimate we got was about a year ago now and it was for 60‐90k, just want to see if that is still an accurate
amount or if the estimated cost has changed.
Please advise,
June 21, 2022 Item #13 Page 21 of 31
COUNTY OF SAN DIEGO
REGISTRAR OF VOTERS
City of
Carlsbad
4
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
P: 442‐339‐5989
From: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Sent: Wednesday, April 20, 2022 4:47 PM
To: Faviola Medina <Faviola.Medina@carlsbadca.gov>; Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>
Subject: RE: Request for Quote
Hi Faviola,
Do you know the number of pages for the citywide measure?
Thanks,
Liliana
From: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Sent: Wednesday, April 13, 2022 8:06 AM
To: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>; Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>
Subject: [External] Request for Quote
Good Morning Liliana and Elvira,
Could I please get a quote for placing a citywide measure on the Nov. 2022 General Election ballot?
Thank you,
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
P: 442‐339‐5989 | faviola.medina@carlsbadca.gov | www.carlsbadca.gov
Facebook | Twitter | You Tube | Flickr | Pinterest | Enews| Consider the environment before printing this e-mail
Confidentiality Notice: Please note that email correspondence with the City of Carlsbad, along with any attachments, may be subject
to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
June 21, 2022 Item #13 Page 22 of 31
ityof
-lsbad
Con ne,et ,;th u
5
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
June 21, 2022 Item #13 Page 23 of 31
1
Faviola Medina
From:Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Sent:Wednesday, April 20, 2022 6:32 PM
To:Faviola Medina
Subject:RE: Request for Quote
Hi Faviola,
The cost projection for a 6‐page measure, including arguments and rebuttals, appearing in the November 2022
Gubernatorial General Election is $65K ‐ $95K.
Below are the current assumptions:
# of registered voters as of 4/01/2022: 81,157
All registered voters will receive their official ballot in the mail, along with the “I Voted” stickers.
Pre‐paid postage for all voters receiving their official ballot in the mail.
Expand mail ballot drop off locations to a minimum of 130 locations for 28‐day period.
Expand in‐person voting to 11‐day period.
Unknown number of County measures and State propositions at this time.
Conditional voter registration (which allows a voter to register and vote on the same day) available at all
vote centers.
The number of voters continues to grow across all jurisdictions.
One‐card ballot.
Thanks,
Liliana
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
County of San Diego
Registrar of Voters
Address: 5600 Overland Avenue, Suite 100 | San Diego, CA 92123‐1278
E‐mail: Liliana.Lau@sdcounty.ca.gov | Office: (858) 505‐7208
Mail Stop: O‐34 | Website: www.sdvote.com
Is it worth a tree to print me?Please consider the environment before printing this email.
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain information protected from disclosure by applicable laws and regulations. If you are not an intended recipient, you may not review, use, copy, disclose or distribute this message or any of the information contained in this message to anyone. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of this message and any attachments. Unintended transmission shall not constitute waiver of any applicable legal protection afforded to this email and any attached documents.
From: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Sent: Wednesday, April 20, 2022 5:06 PM
To: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Exhibit 6
June 21, 2022 Item #13 Page 24 of 31
COUNTY OF SAN DIEGO
REGISTRAR OF VOTERS
2
Cc: Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>
Subject: [External] RE: Request for Quote
Hi Liliana,
No, but I don’t imagine it being more than a page or two.
The last estimate we got was about a year ago now and it was for 60‐90k, just want to see if that is still an accurate
amount or if the estimated cost has changed.
Please advise,
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
P: 442‐339‐5989
From: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>
Sent: Wednesday, April 20, 2022 4:47 PM
To: Faviola Medina <Faviola.Medina@carlsbadca.gov>; Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>
Subject: RE: Request for Quote
Hi Faviola,
Do you know the number of pages for the citywide measure?
Thanks,
Liliana
From: Faviola Medina <Faviola.Medina@carlsbadca.gov>
Sent: Wednesday, April 13, 2022 8:06 AM
To: Lau, Liliana <Liliana.Lau@sdcounty.ca.gov>; Vargas, Elvira <Elvira.Vargas@sdcounty.ca.gov>
Subject: [External] Request for Quote
Good Morning Liliana and Elvira,
Could I please get a quote for placing a citywide measure on the Nov. 2022 General Election ballot?
Thank you,
Faviola Medina, CMC
City Clerk Services Manager
June 21, 2022 Item #13 Page 25 of 31
City of
Carlsbad
City of
Carlsbad
3
Office of the City Clerk
1200 Carlsbad Village Drive
Carlsbad, CA 92008
P: 442‐339‐5989 | faviola.medina@carlsbadca.gov | www.carlsbadca.gov
Facebook | Twitter | You Tube | Flickr | Pinterest | Enews| Consider the environment before printing this e-mail
Confidentiality Notice: Please note that email correspondence with the City of Carlsbad, along with any attachments, may be subject
to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt.
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
June 21, 2022 Item #13 Page 26 of 31
Con ne,et rith u
Exhibit 7
Jan. 26, 2021, Staff Report – Monroe Pool
Renovation/Replacement Project – Concept Direction
(on file in the Office of the City Clerk)
June 21, 2022 Item #13 Page 27 of 31
Exhibit 8
Jan. 26, 2021, City Council Meeting Minutes
(on file in the Office of the City Clerk)
June 21, 2022 Item #13 Page 28 of 31
Exhibit 9
Feb. 22, 2022, Staff Report – Timing of the Ballot
Measure for the Monroe Street Pool
Renovation/Replacement Project
(on file in the Office of the City Clerk)
June 21, 2022 Item #13 Page 29 of 31
Exhibit 10
Feb. 22, 2022, City Council Meeting Minutes
(on file in the Office of the City Clerk)
June 21, 2022 Item #13 Page 30 of 31
Exhibit 11
Proposition H, overview of specific provisions and guidelines
In brief, Proposition H is a citizen-led initiative approved by voters in 1982, codified as Chapter 1.24 of
the Carlsbad Municipal Code. Section 1.24.030. It states, in part:
The city shall make no real property acquisition and/or no improvements to real property the
cost of which exceeds one million dollars in city funds, unless the proposed acquisition and/or
improvement project and the cost in city funds is first placed upon the ballot and approved by a
majority of the voters voting thereon at an election.
The Guidelines for Proposition H, as amended by the City Council on July 19, 2005, state in part:
6.Improvements to Real Property
The intent of Chapter 1.24 is expressed in 1.24.010 as:
“It is the intent of this chapter to provide the citizens and taxpayers of Carlsbad with an
opportunity to express directly their preference by vote prior to major city expenditures for the
purchase or development of land.
It is not the intent of this chapter to interfere with the normal day-to-day administration of the
city or with routine ongoing capital expenditures.”
Section 1.24.020 (3) states:
“Improvements to Real Property” means the actual physical construction of
improvements on real property owned, leased, or controlled by the city, or modification,
enlargement, or alteration of existing improvements on such property.”
Section 1.24.020 (3) shall be interpreted in the following manner:
“Improvement to Real Property” shall not include replacement, repair, maintenance,
routine refurbishment or upgrades of existing facilities as they are considered to be
routine ongoing capital expenditures necessary to carry out the normal and routine
business of the city.
The City Council may make findings on a case-by-case basis on whether the above
exceptions are applicable to a proposed project.
June 21, 2022 Item #13 Page 31 of 31
Sheila Cobian, Legislative & Constituent Services Director
Kyle Lancaster, Parks & Recreation Director
June 21, 2022
Calling the Nov. 8, 2022, Election &
Consideration of Monroe Street Pool
Renovation/Replacement Project
Ballot Measure
{ City of
Carlsbad
PROPOSED ACTION
Item 13: Nov. 8, 2022, General Municipal Election
1.Adopt Resolutions calling the Nov. 8, 2022, General
Municipal Election for the offices of Mayor, City Council
Member District 1, City Council Member District 3, City
Treasurer & City Clerk
2.Adopt a Resolution approving placement of a measure on
the ballot for the renovation/replacement of the Monroe
Street Pool
{ City of
Carlsbad
MONROE STREET POOL
BALLOT MEASURE BACKGROUND
•Jan. 26, 2021 -Pursue Design Concept No. 3
•Feb. 22, 2022 -Directed staff to return to
Council with sufficient time to consider
placing the measure on the ballot for the
Nov. 8, 2022, General Municipal Election
Item 13: Nov. 8, 2022, General Municipal Election
{ City of
Carlsbad
PROPOSED BALLOT QUESTION
MEASURE ___. MONROE STREET POOL
RENOVATION/REPLACEMENT PROJECT
Do the voters of the City of Carlsbad approve spending
existing city funds from various sources,including the
General Fund,in an amount to exceed $1 million for the
Monroe Street Pool Renovation/Replacement Project
located at 3401 Monroe Street for an estimated cost of
$22 million - $24 million?
YES
NO
Item 13: Nov. 8, 2022, General Municipal Election
{ City of
Carlsbad
ALTERNATIVE BALLOT LANGUAGE #1
MEASURE ___. MONROE STREET POOL
RENOVATION/REPLACEMENT PROJECT
Do the voters of the City of Carlsbad approve spending
existing city funds from various sources,including the
General Fund,in an amount to exceed $1 million for the
Monroe Street Pool Renovation/Replacement Project
located at 3401 Monroe Street for an estimated cost
range of $22 million up to $24 million?
YES
NO
Item 13: Nov. 8, 2022, General Municipal Election
{ City of
Carlsbad
ALTERNATIVE MEASURE LANGUAGE #1
Section 1 of the Ballot Measure Full Text can be amended to
read:
“The city is approved to expend more than $1 million dollars
and up to $24 million in city funds for the Monroe Street Pool
Renovation/Replacement Project.”
Item 13: Nov. 8, 2022, General Municipal Election
{ City of
Carlsbad
ALTERNATIVE BALLOT LANGUAGE #2
MEASURE ___.MONROE STREET POOL
RENOVATION/REPLACEMENT PROJECT
Do the voters of the City of Carlsbad approve spending
existing city funds from various sources,including the
General Fund,in an amount to exceed $1 million for the
Monroe Street Pool Renovation/Replacement Project located
at 3401 Monroe Street for an estimated cost range of $22
million up to $24 million,adjusted annually by the
percentage increase in the Los Angeles Engineering News-
Record Construction Cost Index?
YES
NO
Item 13: Nov. 8, 2022, General Municipal Election
{city of
Carlsbad
ALTERNATIVE MEASURE LANGUAGE #2
Section 1 of the Ballot Measure Full Text could similarly be
amended to read:
“The city is approved to expend more than $1 million dollars
and up to $24 million in city funds, adjusted annually by the
percentage increase in the Los Angeles Engineering News-
Record Construction Cost Index,for the Monroe Street Pool
Renovation/Replacement Project.”
Item 13: Nov. 8, 2022, General Municipal Election
{ City of
Carlsbad
QUESTIONS?