CA Review CKM
Meeting Date: Jan. 10, 2023
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Manager [email protected], 442-339-5989
Sheila Cobian, Director of Legislative & Constituent Services [email protected], 442-339-2917
Subject: Declaring the Existence of a City Council Member District 2 Vacancy and Considering Options to Fill the Vacancy
District: 2
Reco
mmended Actions
1. Adopt a resolution declaring the existence of a City Council Member District 2 vacancy and consider options to fill the vacancy.
2. Depending on the option selected by the City Council, by motion take one of the following actions:
A. Adopt resolutions:
• Calling for a special election on Tuesday, Nov. 7, 2023, for the election of a City Council Member District 2 for a term ending November 2024 as required by the provisions of the laws of the State of California relating to charter cities • Requesting consolidation services from the San Diego County Registrar of Voters for the Nov. 7, 2023, special election
• Adopting 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, Nov. 7, 2023; or
B. Direct staff to prepare a notice of vacancy and use the application and appointment process most recently used to fill the District 1 vacancy (Exhibit 5 and 6); or C. Direct staff to prepare a notice of vacancy and return to the City Council on Jan. 24, 2023, with a proposed application and appointment process for City Council approval based on input received at this meeting.
Executive Summary
Then City Council Member Blackburn forfeited his District 2 City Council seat on Dec. 13, 2022, upon being sworn into another elective public office, in this instance, the office of Mayor, effective immediately. His forfeiture created a vacancy, and the Carlsbad Municipal Code Section that covers vacancies in office, Section 2.04.110(A)(3), requires the City Council to declare the existence of the vacancy as soon as practicable.
Jan. 10, 2023
Item #8 Page 1 of 17
The Municipal Code, Section 2.04.110(D)(2), also requires the City Council to determine within 14 days of that declaration whether to fill the vacancy by either appointing a successor who will serve the remainder of the term of the former City Council member, or by a special election.
Explanation & Analysis
Carlsbad Municipal Code Section 2.04.110 – Vacancies in Office, subsection (D)(1), states that if a vacancy is declared by the City Council with more than one year but less than 25 months remaining in the term from the date of the declaration, the City Council may either appoint someone to fill the vacancy or call a special election to fill it. Under Section 2.04.110(D)(2), the City Council must make this determination within 14 days of the declaration of vacancy, which in this instance is Jan. 24, 2023.
If the City Council chooses to fill the vacancy by appointment, Section 2.04.110(D)(3) states the City Council must make the appointment within 45 days of the declaration of vacancy, which in this instance is Feb. 24, 2023. If the City Council is unable to make an appointment within this time, the City Council must call a special election.
A person appointed to fill the vacancy will hold the office until a successor is elected, and, under Section 2.04.110(B)(4), may not seek election to that same office until one year after the end of the appointed term.
Fiscal An
alysis
Based on an estimate provided by the San Diego County Registrar of Voters, staff estimate that holding a special election in District 2 on Nov. 7, 2023, will cost approximately $275,000 to $475,000. There is no funding allocated for this in the fiscal year 2022-23 budget.
If the City Council chooses to hold the special election on Nov. 7, 2023, staff will need to request either a supplemental request as part of the fiscal year 2023-24 budget or if applicable, recommend the one-time use of fiscal year 2022-23 General Fund surplus funds, in accordance with the General Fund Surplus Policy established in City Council Policy Statement No. 87.
Options
By declaring the existence of a vacancy (Exhibit 1), the City Council may consider the following options:
1: Fill the vacancy by special election
• The special election would occur on the next regularly established election date not less than 114 days after the declaration of vacancy, which would be Nov. 7, 2023, for vacancies declared after Nov. 13, 2022. (Recommended Action 2A, Exhibits 2, 3 and 4)
2: Fill the vacancy by appointment
• The City Council has until Feb. 24, 2023, or 45 days from the date of the declaration of vacancy, to make the appointment.
• The City Clerk Services Manager will post a notice of intention to fill the City Council Member District 2 seat by appointment with an application and interview period, as determined by the City Council.
• The person selected to fill the vacancy must meet the eligibility requirements for the office, which includes District 2 residency and voter registration.
Jan. 10, 2023
Item #8 Page 2 of 17
o The applicable district boundaries to establish residency are those from which the vacating council member was elected, not the district boundaries recently approved by the Independent Redistricting Commission. For District 2, the district boundaries approved by the Independent Redistricting Commission will not take effect until the November 2024 election.
• The appointee would hold office until a successor is elected in the November 2024 election.
• The appointee would be ineligible to seek election for the same office until one year after the appointment ends.
• If the City Council is unable to make an appointment within 45 days of the declaration of vacancy, then the City Council must call a special election.
If the City Council chooses to fill the vacancy by appointment, the City Council may either:
• Direct staff to prepare a notice of vacancy and use the application and appointment process most recently used to fill the District 1 vacancy (Recommended Action 2B, Exhibit 5 and 6)
• Direct staff to prepare a notice of vacancy and return to the City Council on Jan. 24, 2023, with a proposed application and appointment process for City Council approval, based on input received at this meeting (Recommended Action 2C) Next Steps
Depending on the City Council’s direction, the City Clerk Services Manager will either post a notice of intention to fill the City Council vacancy by appointment with an application and interview period as determined by the City Council or file a resolution with the County of San Diego Registrar of Voters calling the special election.
If the City Council chooses to hold the special election on Nov. 7, 2023, the City Clerk Services Manager will also file a resolution with the Board of Supervisors of the County of San Diego requesting consolidation services for a special election to be held on Nov. 7, 2023.
Environmental E
valuation
This action does not require environmental review because it 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 or a reasonably foreseeable indirect physical change in the environment.
Exhibits
1. City Council resolution declaring the existence of a City Council Member District 2 vacancy
2. City Council resolution calling a special election for Nov. 7, 2023
3. City Council resolution requesting consolidation services from the San Diego County Registrar of Voters for the Nov. 7, 2023, special election
4. City Council resolution adopting regulations for candidates’ statements of qualifications
5. July 27, 2021, City Council minutes (Item #13 – Appointment Process for District 1 Vacancy) (on file in the Office of the City Clerk)
6. J uly 27, 2021, City Council s taff report ( on file in the Office of the City Clerk)
7. Nov. 23, 2022, Memorandum from the City Attorney regarding City Council vacancies
8. Estimate from the San Diego Registrar of Voters Office Jan. 10, 2023
Item #8 Page 3 of 17
RESOLUTION NO. 2023-011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE EXISTENCE OF A CITY COUNCIL DISTRICT 2
VACANCY
WHEREAS, on Dec. 13, 2022, Keith Blackburn forfeited his District 2 City Council seat upon his being sworn into another elective public office; and
WHEREAS, his forfeiture created a vacancy effective immediately; and WHEREAS, Carlsbad Municipal Code Section 2.04.110(A)(3) states that the City Council must declare the existence of the vacancy as soon as practicable.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council declares the existence of a City Council District 2 vacancy.
3. That the City Council must determine whether to fill the vacancy by appointment or by special election within 14 days of this declaration of vacancy.
4. That the City Clerk Services Manager shall certify to the passage and adoption of this resolution.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of January, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
KEITH BLACKBURN, Mayor
�
Exhibit 1
Jan. 10, 2023 Item #8 Page 4 of 17
~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CALLING FOR A SPECIAL ELECTION ON TUESDAY, NOV. 7, 2023, FOR THE ELECTION OF A CITY COUNCIL MEMBER - DISTRICT 2 FOR A TERM ENDING NOVEMBER 2024 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 related to charter cities in the State of California , a special election may be held on Nov. 7, 2023, for the purpose of electing one City Council Member to repre sent District 2.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follow s:
1. That the above recitations are 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, Nov. 7, 2023, a special election for the purpose of electing one Council Member from District 2 for a term ending in November 2024 .
3. That the ballots to be used at the election shall be in form and content as required by law.
4. That the City Clerk's Office is authorized, instructed and directed to coordinate with the 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 seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to California Elections Code Section 10242 , except as provided in California Elections Code Section 14401 .
6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
7. That notice of the time and place of holdin g 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 the time, form and manner as required by law.
Jan. 10, 2023 Item #8 Page 5 of 17
8. That in the event of a tie vote (if any two or more persons receive an equal vote and the highest numbers of votes for an office) as certified by the County of San Diego 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 w hich resulted in a tie vote.
9. That the City Clerk Services Manager shall cert ify to the passage and adoption of this resolution.
10. That the City Council authorizes t he City Clerk Services Manager to administer said election and all reasonab le and actual election expenses shall be paid by the City upon presentation of a prope rly submitted bill.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Jan. 10, 2023
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Item #8 Page 6 of 17
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REQUESTING CONSOLIDATION SERVICES FROM THE SAN DIEGO COUNTY REGISTRAR OF VOTERS FOR THE NOV. 7, 2023, SPECIAL
ELECTION
Exhibit 3
WHEREAS, under the provisions of the laws related to charter cities in the State of California, a special election shall be held on Nov. 7, 2023, for the purpose of electing one City Council Member to represent District 2; and
WHEREAS, in accordance with California Elections Code Section 1000, the special election must be held on Nov. 7, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California , as follows:
1. That the above recitations are true and correct .
2. That pursuant to the requirements of California Elections Code Section 10403 , the Board of Supervisors of the County of San Diego is requested to consent and agree to the consolidation of a special election on Tuesday, Nov. 7, 2023, for the purpose of electing one Council Member from District 2 for a term ending in November 2024.
3. That the Registrar of Voters Office of the County of San Diego is authorized to canvass the returns of the special 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.
4. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters Office 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.
6. 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 Office of the County of San Diego.
7. That the City Clerk Services Manager shall cert ify to the passage and adoption of this resolution.
Jan. 10,2023 Item #8 Page 7 of 17
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the _ day of ___ _, 2023 , by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Jan. 10,2023
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Item #8 Page 8 of 17
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING 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, NOV. 7, 2023
Exhibit 4
WHEREAS, California Elections Code Section 13307 provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a mun icipal 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. The above recitations are true and correct .
2. GENERAL PROVISIONS. Pursuant to California Elections Code Section 13307, each candidate for elective office to be voted for at the special election to be held in the City of Carlsbad on Nov . 7, 2023, 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's own self. 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 wil l 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 .
Jan. 10, 2023 Item #8 Page 9 of 17
c. The Registrar of Voters Office 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 Office will make the sample ballots and candidates' statements in the required languages available at all polling locations, on the County's website and in the Election Official's office.
4. ADDITIONAL MATERIALS. No candidate will be permitted to include additi onal 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 California 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 the candidate's estimated pro rata share of $1,000 as a condition of having the candidate's statement included in the voter's pamphlet. The estimated amount is an approximation of the actual cost that varies from one election to another election and may be significantly more or less than estimated, 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 additiona l actual expenses or refund any excess paid depending on the final actual cost.
6. Each candidate shall pay a $25 fee at the time the nomination papers are filed in the City Clerk's Office. The City Clerk's Office shall provide each candidate, or the candidate's representative, a copy of this resolution at the time nominating petitions are issued.
7. This resolution shall apply only to the election to be held on Nov. 7, 2023.
8. The City Clerk Services Manager is directed to file a certified copy of this resolution with the Registrar of Voters Office of the County of San Diego.
Jan. 10,2023 Item #8 Page 10 of 17
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Counci l of th e City of Carlsbad on the _ day of __ ~ 2023 , by t he fol lowing vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Jan. 10, 202 3
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Item #8 Page 11 of 17
Exhibit 5
July 27, 2021, City Council minutes (Item #13 –
Appointment Process for District 1 Vacancy)
(on file in the Office of the City Clerk)
Jan. 10, 2023
Item #8 Page 12 of 17
Exhibit 6
July 27, 2021, City Council staff report
(on file in the Office of the City Clerk)
Jan. 10, 2023
Item #8 Page 13 of 17
City
Attorney
1200 Carlsbad Village Drive Carlsbad, CA 92008 442-339-2891 760-434-8367 fax www.carlsbadca.gov November 23, 2022
To: Honorable Mayor Hall and Members of the City Council From: Cindie K. McMahon, City Attorney
Subject: City Council Vacancies
Carlsb
ad Municipal Code Section 2.04.110 establishes the procedures for vacancies in the offices of elected officials in the City of Carlsbad. The following is a summary of that code section as it relates to a City Council member who forfeits office by accepting another elective public office.
• V aca
ncy by forfeiture takes effect on the date the City Council member is sworn into the other office. (CMC 2.04.110(A)(3)(b).)
• The City Council must declare the existence of the vacancy or anticipated vacancy as soon as practicable. (CMC 2.04.110(A)(3).)
• If the vacancy is declared with more than one year, but less than 25 months remaining in the term, the City Council may appoint a person to fill the vacancy or call a special election to fill the vacancy. (CMC 2.04.110(D)(1).)
• The City Council must determine whether to fill the vacancy by appointment or by special election within 14 days of the declaration of vacancy. (CMC 2.04.110(D)(2).) • If the City Council decides to fill the vacancy by special election:
o The special election would occur on the next regularly established election date not less than 114 days after the declaration of vacancy, which would be November 7, 2023 for vacancies declared after November 13, 2022. (CMC
2.04.110(C); Elec. Code, § 1000(b), (e).)
• If the City Council decides to fill the vacancy by appointment:
o The City Council has 45 days from the date of the declaration of vacancy to make the appointment. (CMC 2.04.110(B)(1) & (D)(3).)
o The person selected to fill the vacancy must meet the eligibility requirements for the office. (CMC 2.04.110(B)(1).)
To represent a council district, a person must reside in the district and be a registered voter in the district. (CMC 2.04.040(A) and CMC 2.04.070(C).) Exhibit 7
Jan. 10, 2023
Item #8 Page 14 of 17
{city of
Carlsbad
City Council Vacancies
For District 2, the applicable district boundaries are those from which the vacating council member was elected, not the district boundaries recently approved by the Independent Redistricting Commission. For District 2, the district boundaries approved by the Independent Redistricting Commission do not take effect until the November 2024 election. (CMC 2.04.070(A)(1)(b) & Figure B.)
o The appointee would hold the office until a successor is elected. (CMC
2.04.110(B)(4).)
o The appointee would be ineligible to seek election for the same office until one year after the appointment ends. (CMC 2.04.110(B)(4).)
o If the City Council is unable to make an appointment within 45 days of the declaration of vacancy, then the City Council must call a special election (see timing of the election above). (CMC 2.04.110(D)(3).)
Once Mayor Pro Tem Blackburn is sworn into office as Mayor, creating a District 2 vacancy, staff will place an item on the next available City Council meeting agenda, which is January 10, 2023, to discuss the vacancy. Assuming the City Council declares the existence of the vacancy at that meeting, the City Council would need to decide how to fill the vacancy by January 24, 2023. If the City Council opts to fill the seat by appointment, the City Council would have until February 24, 2023 (45 days from the declaration of vacancy), to make the appointment or the seat would need to be placed on the ballot for a November 7, 2023, special election.
cc: Council Member Elect – District 1
City Manager
Assistant City Manager
Director of Communications & Engagement
Director of Legislative & Constituent Services
City Clerk Services Manager
Jan. 10, 2023
Item #8 Page 15 of 17
From: Lau, Liliana
To: Faviola Medina
Subject: Carlsbad District 2 Special Election
Date: Tuesday, December 20, 2022 4:13:29 PM
Attachments: image003.png
Hi Faviola,
We currently do not have any scheduled elections in 2023, so it would be considered a stand-alone special election for the City of Carlsbad. With the introduction of the Voter’s Choice Act, vote centers replace traditional polling places. Vote centers are open for an extended period before Election Day and all voters receive a ballot in the mail.
Rather than a single day of service, poll
workers are now needed to staff vote centers up to 11 days before Election Day. Ballot drop-off locations are staffed starting 28-days before Election Day. We have not conducted a special election under this new election model yet.
Without the specificity required, there is too broad of a range to make an appropriate cost projection. A rough cost projection based on a prior election is approximately $275K - $475K. As of 12/01/2022, there are 18,742 active registered voters in Carlsbad District #2. For comparison, I am providing you with the cost based on a past elections under the old model:
City of La Mesa and San Dieguito Union High School Special Elections: $464K for a consolidated all vote-by-mail election that was conducted in November 2021 based on 66,506 registered voters
City of Poway Special Election: $408K for a poll site election that was conducted in November 2017 based on 29,335 registered voters
Rancho Santa Fe School District Special Election: $63K for an all vote-by-mail election for a board vacancy that was conducted in April 2018 based on 4,306 registered voters Julian-Cuyamaca Fire Protection District Special Election: $100K for an all vote-by-mail election that was conducted in March 2019 based on 2,496 registered voters City of Solana Beach Special Election: $182K for an all vote-by-mail election that was conducted in May 2019 based on 9,174 registered voters
Here are the assumptions:
All registered voters will receive their official ballot in the mail, along with the “I Voted” stickers.
Pre-paid postage for all voters to return their ballot in the mail.
Ballot drop-off location(s) for a 28-day period, which requires renting vehicle(s) and hiring temporary staff to pick-up ballots.
Translation of materials to all federal mandated languages (Spanish, Chinese, Vietnamese and Filipino).
Special election costs are affected by voter turnout. We will need to hire temporary election workers 60 - 90 days before election day to assist with election activities and these workers are usually kept until the election has been certified.
If it’s decided to offer in-person voting, here are the assumptions:
In-person voting for 11-days, which will require training and hiring temporary workers.
Conditional voter registration (which allows a voter to register and vote on the same Exhibit 8
Jan. 10, 2023
Item #8 Page 16 of 17
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0 0
day) available at all vote centers.
Once a special election is called, please contact our office. If there are additional information that may affect the cost projection, you can let us know at that time. Let me know if you have any questions or need additional information.
Thanks,
Liliana
From: Faviola Medina <[email protected]>
Sent: Monday, December 19, 2022 3:12 PM
To: Lau, Liliana <[email protected]>
Subject:
[External] RE: Candidate statement cost - Nov 8, 2022
Thank you!
Could you provide me with an estimate of how much it would cost to have a special election for the District 2 seat in Nov. 2023?
Thank you,
Faviola Medina, CMC
City Clerk Services Manager
Office of the City Clerk
P: 442-339-5989
Jan. 10, 2023
Item #8 Page 17 of 17
~Cityof
Carlsbad
Ana Alarcon
From: christina mcgoldrick < [email protected] > Tuesday, January 10, 2023 10:46 AM Sent:
To:
Cc:
City Clerk; Manager Internet Email; Council Internet Email; Council Internet Email; Traffic; Treasury; Help; Planning; Police; Teresa Acosta; Priya Bhat-Patel; Keith Blackburn; Melanie Burkholder; Andrea Dykes
christina mcgoldrick
Subject: 01/10/2023 - City Council Meeting - 3 minute - Agenda Item #8 speech - Christina McGoldrick
Attachments: 2022 General Election Tracker- Date Detail (1).pdf; PDICounts_City Of Carlsbad Council District 2 (2022)_ TOT AL.pdf; 2022 General Election Tracker- Date Detail (1) (1 ).pdf Dear City Council Members,
Thank you for the opportunity to speak regarding Item #8 on the agenda today. My name is Christina McGoldrick. I have been a homeowner and tax payer in Carlsbad for 7 years. I am a Mother to 3 sons that attend 3 different schools on College Blvd.
According to the recent POI election data, District 2 has 18,699 registered voters. This is 16% of Carlsbad's total population in approximately 9,344 residences. District 2 is a thriving community of all ages that includes citizens, residents and families. It includes:
•
•
• A 3-mile stretch of College Blvd where 4 schools are located with over 2,500 students going to • and from school 5 days a week,
•
•
•
• A significant number of senior living centers,
•
•
•
• Open space preserves,
•
•
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• The Carlsbad Safety Training Center,
•
•
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• The McClellan-Palomar Airport,
•
•
•
• and other facilities that serve all of Carlsbad .
•
1 Lastly, it includes multiple arterial roads that allow residents, commuters, and visitors to exit the freeway and travel to South Carlsbad . This is especially important when a recent traffic survey estimated over 60K cars traveling on El Camino Real through District 2 in 24-hours. Families have chosen to spend their hard-earned dollars to live in District 2 and in Carlsbad because it is actually a place where you can raise a family. It offers safety, security, and success. This is why District 2 requires an accurate and honest representation on the City Council without delay.
If a special election can cost up to $500K, this is not a cost conscious decision during a time when the City of Carlsbad has stated that it is facing a deficit. It has been previously documented statewide that the voter turn-out for special elections is low with 20-30% turn-out. Based on the 18,699 registered voters in District 2, this means that the $500K would be spent for approximately 3,740 - 5,610 voters:
Carlsbad Total population = 115,985
District 2 via POI = 18,699
District 2 is 16% of the total population of Carlsbad in 9,344 residences (i.e. 18,699 / 115,985)
In Special Elections the average turn out is 20-30%, therefore:
IF 20% turnout, then 3,740 voters (18,699 times 0.20)
IF 30% turnout, then 5,610 voters (18,699 times 0.30)
While a special election allows residents to be involved in the process, according to city documents, the earliest the District 2 seat could be filled is January 2024. District 2 cannot afford to go 12 months without representation on the City Council. Having a District without representation for 12 months only hurts constituents. It is vitally important that District 2 residents continue to have a strong voice on the City Council without interruption because there are critical issues and projects, such as ones related to the eBike State of Emergency, traffic and mobility, and current developer plans, that must be addressed and attended to by a City Council Member that can accurately represent the voters and residents in District 2.
I am asking all of the City Council Members to vote in favor of an appointment for the District 2 City Council seat tonight so that the Council can begin working quickly to fill this anticipated vacancy.
Thank you for your time, expertise, and consideration. I look forward to your response.
Sincerely,
Christina McGoldrick
Resident, District 2, 2614 Valewood Avenue
Proud Mom of3 Boys (ages 10, 12 & 14)
(949) 433-4397
[email protected]
CAUTION: Do not open attachments or click on links unless nize the sender and know the content i safe.
2 2022 General Ballot Tracker
CA- City Of Carlsbad Council District 2 (2022) (Oct 12, 2022 - Nov 28, 2022) Party - Ballots Returned
All Ballots
Oct19
Age Group - Ballots Returned
All Ballots
24%
4,427
20%
3,673 Oct19
Ethnic Group - Ballots Returned
All Ballots
81%
14,993
-
■ Asian
Latino
□ White/0th
Oct 19
Oct 29 NovS
Oct 29 NovS
Oct 29 NovS
All Ballots
18,614
NovlS
NovlS
NovlS
I.
Select for Fi lters
Returned
Nov 28
Nov28
Nov28
11,644
Returned
Returned
21%
2,464
Returned
84%
9,779
- PDI Online Count Report
District: City Of Carlsbad Council District 2 (2022)
Filter: TOTAL
Voters(%) Houses Voters(%) Houses Voters(%) Houses
TOTAL 18,699 (100 .0) 9,344 (100.0) HAS EMAIL 10,665 (57.0) 6,824 (73.0) VOTED 11/08 G. 8,399 (44.9) 5,561 (59.5) NOT MOVED DEAD 18,658 (99.8) 9,332 (99.9) AFRICAN-AMER. 214 (1.1) 137 (1.5) VOTED 5/09 S. 3,239 (17 .3) 2,338 (25.0) DEM PLUS 7,970 (42.6) 5,054 (54.1) ASIAN (ALL) 1,259 (6 .7) 769 (8.2) VOTED 6/10 P. 3,569 (19 .1) 2,538 (27 .2) REPPLUS 6,674 (35 .7) 4,191 (44.9) LATINO 1,832 (9.8) 1,115 (11.9) VOTED 11/10 G. 6,918 (37 .0) 4,615 (49.4) OTHERPLUS 4,055 (21.7) 3,149 (33.7) NOT AFAM, ASIAN 15,394 (82.3) 8,030 (85.9) VOTED 6/12 P. 3,704 (19 .8) 2,594 (27.8) DEMOCRAT 6,900 (36 .9) 4,519 (48.4) OR LATINO VOTED 11/12 G. 8,915 (47.7) 5,737 (61.4) REPUBLICAN 5,982 (32 .0) 3,826 (40 .9) CHINESE 362 (1.9) 227 (2.4) VOTED 6/14 P 2,957 (15.8) 2,067 (22 .1) ALL OTHER 5,817 (31.1) 4,200 (44.9) FILIPINO 152 (0.8) 106 (1.1) VOTED 11/14 G. 5,414 (29.0) 3,618 (38.7) INDEPENDENT 5,486 (29 .3) 3,999 (42 .8) JAPANESE 118 (0 .6) 79 (0.8) VOTED 6/16 P. 6,437 (34.4) 4,251 (45.5) MPL 110 (0.6) 107 (1.1) KOREAN 163 (0 .9) 112 (1.2) VOTED 11/ 16 G. 11,455 (61.3) 6,880 (73.6) MPC 221 (1.2) 209 (2 .2) VIETNAMESE 216 (1.2) 122 (1.3) VOTED 6/18 P. 6,936 (37 .1) 4,441 (47.5) DTS ONLY 4,556 (24.4) 3,444 (36.9) ARMENIAN 65 (0 .3) 36 (0.4) VOTED 11/18 G. 11,168 (59.7) 6,622 (70.9) DEM PLUS OR MPL 8,069 (43 .2) 5,112 (54.7) EAST INDIAN 311 (1.7) 171 (1.8) VOTED 3/20 P. 8,723 (46.6) 5,336 (57 .1) NOT (DEM PLUS OR 10,630 (56 .8) 6,213 (66.5) JEWISH 534 (2.9) 332 (3.6) VOTED 11/20 G. 15,114 (80.8) 8,156 (87.3) MPL) PERSIAN 129 (0.7) 87 (0.9) VOTED 09/21 S. 12,735 (68.1) 7,068 (75.6) REPPLUS OR MPC 6,850 (36 .6) 4,305 (46.1) CHINESE SPKR. 108 (0.6) 88 (0.9) VOTED 06/22 P. 8,141 (43.5) 4,847 (51.9) NOT (REPPLUS OR 11,849 (63.4) 6,903 (73.9) KOREAN SPKR. 107 (0 .6) 79 (0.8) VTD. 5 OF 5 GPGSP 5,500 (29.4) 3,591 (38.4) MPC) SPANISH SPKR. 288(1.5) 244 (2 .6) VTD. 4 OF 4 PGSP 5,843 (31.2) 3,763 (40.3) PURE DEM 4,304 (23.0) 2,555 (27.3) TAGALOG SPKR. 43 (0 .2) 38 (0.4) VTD. 3 OF 3 GSP 7,257 (38.8) 4,454 (47.7) PURE REP 3,576 (19 .1) 2,061 (22.1) VIETNAMESE SPKR 69 (0.4) 54 (0.6) VTD. 3 OF 4 PGSP 9,446 (50 .5) 5,642 (60.4) POLITICAL DONOR 347 (1.9) 281 (3.0) CHINESE BALLOT 47 (0 .3) 41 (0.4) VTD. 2 OF 2 SP 7,512 (40 .2) 4,555 (48 .7) DONATED DEM 86 (0.5) 79 (0 .8) KOREAN BALLOT 37 (0.2) 28 (0.3) VTD. 2 OF 3 GSP 12,5S5 (67 .1) 7,027 (75 .2) DONATED REP 70 (0.4) 60 (0.6) SPANISH BALLOT 158 (0 .8) 141 (1.5) VTD. 1 OF 2 SP 13,364 (71 .5) 7,332 (78.5) DONATED PAC 165 (0 .9) 116 (1.2) TAGALOG BALLOT 7 (0.0) 6 (0.1) UNIVERSE 22Gl 9,276 (49.6 ) 5,556 (59.5) DONATED LOCAL 0 (0 .0) 0 (0.0) VIETNMS. BALLOT 36 (0.2) 25 (0.3) UNIVERSE 22GlE 9,529 (51.0) 5,659 (60.6) DONATED LGBT 92 (0 .5) 88 (0.9) FOREIGN BORN 2,450 (13.1) 1,849 (19 .8) UNIVERSE 22G2 10,170 (54.4) 5,976 (64.0) LGBT DOM PARTNR 18 (0.1) 11 (0.1) US BORN 13,399 (71. 7) 7,753 (83.0) UNIVERSE 22G2E 10,767 (57.6) 6,266 (67.1) PDI CHILDREN 4,908 (26.2) 3,300 (35.3) l+AV / ANY VBM 15,952 (85.3) 8,419 (90.1) UNIVERSE 22G3 11,508 (61.5) 6,693 (71.6) MODEL NOT l+AV / NEVER 2,747 (14 .7) 2,142 (22.9) UNIVERSE 22G3E 11,806 (63 .1) 6,797 (72.7) AGE 18-24 1,876 (10.0) 1,486 (15.9) VBM UNIVERSE 22G4 12,540 (67.1) 7,083 (75.8) AGE 25-34 2,307 (12.3) 1,789 (19.1) ANY EARLY VBM 6,963 (37 .2) 4,561 (48.8) UNIVERSE 22G4E 12 ,855 (68 . 7) 7,162 (76.6) AGE 35-44 2,942 (15. 7) 2,171 (23.2) NOT ANY EARLY 11 ,736 (62.8) 6,673 (71.4) UNIVERSE 22G5 13,322 (71.2) 7,317 (78.3) AGE 45-54 3,630 (19.4) 2,676 (28 .6) NOT ALWAYS LATE 16,200 (86 .6) 8,665 (92. 7) UNIVERSE 22G5E 13,686 (73 .2) 7,499 (80.3) AGE 55-64 3,371 (18 .0) 2,576 (27 .6) ALWAYS LATE VBM 2,499 (13.4) 1,833 (19.6) UNIVERSE 22G6 14,275 (76 .3) 7,782 (83 .3) AGE 65+ 4,573 (24 .5) 3,232 (34.6) REG BEFORE 11/ 14 10,860 (58 .1) 6,752 (72 .3) UNIVERSE 22G6E 14,374 (76 .9) 7,811 (83 .6) MALE 8,609 (46 .0) 6,859 (73.4) REG 11/14 - 6/16 969 (5 .2) 851 (9.1) UNIVERSE 22G7 14,576 (78 .0) 7,883 (84.4) FEMALE 9,461 (50.6) 7,711 (82.5) REG 6/ 16 - 11/16 1,216 (6 .5) 1,072 (11.5) UNIVERSE 22G7A 15,438 (8 2.6) 8,252 (88.3) GENDER UNKN. 629 (3.4) 575 (6.2) REG 11/16 - 6/18 326 (1.7) 298 (3.2) UNIVERSE 22G7B 15,719 (84.1) 8,362 (89.5) HOMEOWNER 12,447 (66.6) 6,386 (68 .3) REG 6/18 - 11/18 653 (3.5) 598 (6.4) UNIVERSE 22G7C 16,237 (86.8) 8,582 (91.8) NO HOMEOWNER 4,949 (26.5) 2,958 (31. 7) REG 11/18 - 3/20 734 (3.9) 668 (7 .1) UNIVERSE 22G8 15,754 (84.3) 8,391 (89.8) IN HOUSE REG 3/20 - 11/20 1,690 (9 .0) 1,427 (15 .3) UNIVERSE 22G8A 16,484 (88.2) 8,678 (92.9) MOBILE HOME 684 (3.7) 433 (4.6) REG 11/20 - 6/22 1,548 (8.3) 1,335 (14.3) UNIVERSE 22G9 16,889 (90 .3) 8,787 (94 .0) APT. RENTER 2,596 (13.9) 1,703 (18.2) REG AFTER 6/22 703 (3.8) 610 (6.5) UNIVERSE 22G9A 17,496 (93.6) 9,002 (96.3) LANDLINE PHONE 7,252 (38.8) 4,132 (44.2) VOTED 2/08 P. 5,330 (28 .5) 3,747 (40 .1) UNIVERSE 22G9B 17,837 (95.4) 9,130 (97.7) MOBILE PHONE 5,641 (30 .2) 4,258 (45.6) VOTED 6/08 P. 2,492 (13 .3) 1,853 (19 .8) UNIVERSE 5,297 (28 .3) 3,669 (39.3) 1 / 3
22GGOTV
- POI Online Count Report
District: City Of Carlsbad Council District 2 (2022)
Filter: TOT AL
2/3
UNIVERSE
22GWrap
- PDI Online Count Report
District: City Of Carlsbad Council District 2 (2022)
Filter: TOTAL
3,222 (17.2) 2,047 (21.9)
3/3
2022 General Ballot Tracker
CA- City Of Carlsbad Council District 2 (2022) (Oct 12, 2022 - Nov 28, 2022) Party- Ballots Returned
All Ballots
Oct 19
Age Group - Ballots Returned
All Ballots
24%
4,427
20%
3,673 Oct19
Ethnic Group - Ballots Returned
Oct 29 Nov8
Oct 29 Nov8
All Ballots
- ■ ~r= --- ----- -
81%
14,993
-
■ Asian
Latino
Whit e/0th
C: - ------------
Oct 19 Oct 29 Nov8
All Ballots
18,614
Nov 18
Nov18
Nov 18
I.
Select for Filters
Returned
Nov28
Nov 28
Nov28
11,644
Returned
Returned
21%
2,464
Returned
84%
9,779
Declare Existence of a City Council
District 2 Vacancy & Consider Options
Faviola Medina, City Clerk Services Manager
Sheila Cobian, Director of Legislative & Constituent Services Jan. 10, 2023
OVERVIEW
• District 2 Council seat vacant effective Dec. 13, 2022, due to Council Member accepting Mayor seat
• City Council must declare existence of the vacancy as soon as practicable
• Vacancy must be filled by appointment or special
election
• Decision must be made within 14 days of declaration,
or Jan. 24, 2023
QUALIFICATIONS
• Resident of Carlsbad
• At least 18 years of age
• Registered to Vote in the District
ITEM 8: Council Vacancy District 2
OPTIONS
• Call for a special election on Tuesday, Nov.
7, 2023
OR
• Issue a Notice of Vacancy to initiate the
appointment process
ITEM 8: Council Vacancy District 2
FILL VACANCY BY SPECIAL ELECTION
• Next established election date not less than
114 days after the declaration of vacancy
• Nov. 7, 2023, for vacancies declared after
Nov. 13, 2022
• Approximately $275,000 to $475,000
Option 1
FILL VACANCY BY APPOINTMENT
• Appointment must be made by Feb. 24, 2023
• Must meet eligibility requirements
• Appointee will hold office until a successor is
elected
• Appointee ineligible to seek election for same
office until one year after appointment ends
• Must hold special election if unable to make
appointment within 45 days
Option 2
FILL VACANCY BY APPOINTMENT
• Issue a Notice of Vacancy to initiate the
appointment process using similar process
established for District 1 vacancy in 2021
OR
• Issue a Notice of Vacancy to initiate the
appointment process and direct staff to return
on Jan. 24, 2023, with proposed process for
Council approval based on direction to staff
Option 2
THE APPLICATION
ITEM 8: Council Vacancy District 2
Personal Information & Acknowledgements
Attach resume or professional biography
Complete FPPC Form 700
8 Fill in the blank sections
INTERVIEW PROCEDURE
ITEM 8: Council Vacancy District 2
City Clerk staff provided overview of procedure
Members of the public provided comments
using standard public comment process
Opening Remarks, Questions, Closing Remarks
No follow up questions or comments
INTERVIEW QUESTIONS
ITEM 8: Council Vacancy District 2
Council submitted questions
A hypothetical question to illustrate applicant’s
decision-making process
District 1 topic submittal for questions
City Attorney reviewed
INTERVIEW QUESTIONS
ITEM 8: Council Vacancy District 2
• What policies do you feel would be most
effective in balancing the need for growth with
maintaining the community’s character?
• What do you think the City of Carlsbad’s role
should be in addressing the problem of
homelessness?
• What policies would you recommend to
ensure Carlsbad’s coastline can be enjoyed by
residents for generations to come?
INTERVIEW QUESTIONS (CONT.)
ITEM 8: Council Vacancy District 2
• District 1 residents submitted many topics they would like to see addressed. How would you decide where to focus given your limited time in office?
• A local resident business owner in your district has submitted an application seeking approval for a gas station with a convenience store as part of a new development that includes both commercial and residential uses. The gas station is an allowable use subject to a conditional use permit. Several residents in your district have raised concerns about the gas station’s traffic, health and safety, land use, and aesthetic impacts. Analyses have concluded the gas station would not create negative impacts in these areas of concern. How would you go about making a decision on the local resident business owner’s application?
APPOINTMENT PROCEDURE
ITEM 8: Council Vacancy District 2
City Council members emailed top 3
Recess to calculate results
Display of results for the public
Consensus on top candidate
Appointment Process Proposed Timeline
TIMELINE
Jan. 12 – Feb. 2
Application Period
Feb. 14, at 5 p.m.
City Council
Meeting
Feb. 24
45 day deadline
Feb. 15, 3 p.m.
Special Meeting
RECOMMENDED ACTION
• Call for a special election on Tuesday, Nov.
7, 2023
OR
• Issue a Notice of Vacancy to initiate the
appointment process