HomeMy WebLinkAbout2021-04-13; City Council; CS-394; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 1, CHAPTER 1.12 — ELECTIONSORDINANCE NO. CS-394
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 1, CHAPTER
1.12 — ELECTIONS
WHEREAS, on May 23, 2017, the City Council of the City of Carlsbad, California (City Council)
determined the Carlsbad Municipal Code (Code) requires revisions and amendments and a
comprehensive update to the Code is necessary to improve clarity and consistency as well as to reflect
current legal and professional best practices; and
WHEREAS, on May 23, 2017, the City Council adopted Resolution 2017-095 authorizing the
Code update; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc
Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with
the update and expanding the update to include both the Code and City Council Policies (Policies); and
WHEREAS, the Subcommittee has reviewed Chapter 1.12 — Elections and has made
recommendations for revisions to this chapter; and
WHEREAS, establishing clear rules for the conduct of municipal elections is important to the
orderly operation of city government.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains that:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code Title 1, Chapter 1.12 is amended to read as follows:
Chapter 1.12
ELECTIONS
Sections:
1.12.010 Candidate's filing fee.
1.12.020 Date for general municipal election.
1.12.030 Mail ballot elections.
1.12.040 Governing law absent code provision.
1.12.050 Severability.
1.12.010 Candidate's filing fee.
A.Upon the filing of nomination papers, or upon the filing of supplemental nomination papers, a candidate for
elective office must pay a filing fee of $25 to the city clerk, which shall be deposited into the general fund.
B.In lieu of paying the filing fee in subsection (A), a candidate may submit a petition under California Elections
Code Section 8106.
April 13, 2021 Item #5 Page 3 of 14
1.12.020 Date for general municipal election.
The general municipal election for the city shall be held on the same day as the statewide general election.
1.12.030 Mail ballot elections.
A. The city council may conduct the following elections or proceedings wholly by mail ballot:
1.An election to approve a special tax under Article XIII C of the California Constitution.
2.An election to approve a property-related fee or charge under Article XIII D of the California
Constitution.
3.An assessment ballot proceeding under Article XIII D of the California Constitution; however, the
proceeding shall be denominated an "assessment ballot proceeding" and ballots shall be denominated
"assessment ballots."
B. The city council shall determine whether an election or proceeding described in subsection (A) will be
conducted wholly by mail ballot at the time the city council calls the election.
C. An election under this section shall be held on a mail ballot election date established in California Elections
Code Section 1500.
D. An election under this section shall be conducted in accordance with any special provisions adopted by the
resolution of the city council calling the election and with the applicable provisions for mail ballot elections in
California Elections Code Section 4100 et seq.
1.12.040 Governing law absent code provisions.
Except as provided in this code, city elections shall be governed by the applicable provisions of the California
Government Code and California Elections Code.
1.12.050 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or
unconstitutional by a final decision of a court of competent jurisdiction, the decision shall not affect the validity of
the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly
situated.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 6th day
of April, 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 13th day of April, 2021, by the following vote, to wit:
AYES: Blackburn, Acosta, Bhat-Patel.
NAYS: Hall.
ABSENT: Schumacher.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
747/th.-Z. 7a4. 6). for
BARBARA ENGLESON, City Clerk
(SEAL)
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