(A) The City Council does find, determine and declare as follows:
(1) The city is a Charter City lawfully formed pursuant to the California Constitution, incorporated in 1903.
(2) The City Charter, adopted in 1915, governs the conduct of the government within the city limits, including the conduct of elections. § 103 provides that elections for all purposes within the city are of three types: general municipal elections, special elections and primary nominating elections.
(3) § 105 provides that "Special elections shall be held for such municipal purposes and at such times as the council may determine, or at such times as are elsewhere provided in this charter..."
(4) § 61.4 vests the authority in the City Council to "provide for the holding of municipal elections, give notice thereof, establish and alter election precincts, as provided in this charter, and appoint necessary election officers."
(5) The City Charter also governs elections of the city school district and the city high school district. § 84 of the charter provides that "All territory included in the limits of the city school district and the city high school district or that may hereafter be included within such limits shall be deemed a part of said city for the purpose of holding the general municipal elections, and shall constitute one or more separate election precincts and the qualified elector therein shall vote only for members of the board of education and on questions pertaining to school matters submitted to a vote at special or general elections, and in all matters connected with
the administration or support of the public schools, said outside territory shall be deemed a part of said city."
(6) California Education Code §§ 5301 and 15120 recognize that the provisions of a city charter pertaining to the conduct of school district elections govern the conduct of school district elections.
(7) § 116 of the charter "The conduct and carrying on of all city elections shall be under the control of the council, and it shall, by ordinance, provide for he holding of such elections, and may district and subdivide the city and any portion of the school district outside of the city, when participating therein, into municipal election precincts for the holding of municipal elections, and change and alter such precincts and redistrict the city and such outside portion of the school district for such elections as often as occasion may require, but no such precinct in the city shall include within its boundaries portions of two districts of the city or any portion of the school district outside of the city. Unless the boundaries of the precincts shall be established, altered or changed as herein provided, they shall remain as fixed by the board of supervisors of the county for the registration of electors beginning in January of the last even numbered years preceding."
(8) § 106 of the City Charter provides that where the charter is silent with respect to elections procedures, the general procedural election laws of the State of California shall govern the election procedures.
(9) All elections within the city, including the city school district and the city high school district elections, since 1915 have been conducted by the city, pursuant to the provisions of the City Charter.
(10) An ordinance setting forth the procedure for the conduct of elections pertaining to the city school district and the city high school district elections is needed to clarify the interaction between the School Board and the City Council with respect to elections.
(11) The City Council has determined that the public health, safety and welfare requires the adoption of this section, clarifying the conduct of elections within the city.
(B) Based upon the provisions of the City Charter, as referenced above, and the city's constitutional authority to legislate over municipal affairs, the City Council has the responsibility for calling and conducting all elections in the city, including elections pertaining to matters of the city school district or the city high school district.
(C) At the request of the city school district or the city high school district, which request shall be in the form of a resolution or ordinance of the School Board, the City Council shall call and conduct an election on any matter which the School Board wished to submit to the voters. The election shall be conducted pursuant to the provisions of the City Charter, and applicable procedural state law where the charter is silent, including, but not limited to, any such election of the city school district or the city high school district shall be borne by the district requesting the election.
(D) All special elections in the city may be held no sooner than 88 days after the calling of such election by the City Council, whether such elections be city, city school district or city high school district elections, pursuant to the provisions of the charter and the California Elections Code, incorporated therein. Any request for a special election by the city school district or the city high school district may request that such election be held on a specific date; provided such date is a Tuesday. The request for calling of such election must be provided to the City Council no later than two weeks prior to the date that such election must be called to permit the City Council to agendize the calling of such election as required by the Brown Act. Based upon the time reasonably necessary to prepare and print election materials, the City Clerk, as elections official, shall fix and determine a submission schedule for materials to be included in the ballot pamphlet and sample ballots, including, but not limited to, arguments, rebuttals, impartial analysis, and bond measures related tax rate measures (where applicable).
(Ord. 4350, passed 1-25-99, Am. Ord. 4351, passed 2-8-99)