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Home My WebLink About2022-06-21; City Council; Resolution 2022-156RESOLUTION 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