Carlsbad CA— Proponents of a referendum to overturn the City Council’s decision approving The Agua Hedionda South Shore Specific Plan delivered petitions with 9,074 signatures to the Carlsbad City Clerk Thursday. The city will deliver the petitions, along with 723 requests to withdraw signatures from the referendum petition, to the County of San Diego Registrar of Voters Friday.
The “Referendum Against an Ordinance Passed by the Carlsbad City Council Ordinance No CS-283” was delivered at 3:19 p.m. Unlike a citizen-led initiative, which must be signed by at least one but not more than three proponents, referendum petitions are not required to identify the sponsor or sponsors.
Under the California Elections Code, the Registrar of Voters has 30 days, excluding Saturdays, Sundays and holidays, to determine whether or not the petitions have the required number of valid signatures. That deadline is Nov. 5. Proponents must have gathered valid signatures from at least 10 percent of registered voters in Carlsbad or 6,523.
The Registrar of Voters will eliminate duplicate signatures and signatures that do not match the registrar’s list of voters currently registered in the City of Carlsbad. The registrar will also remove signatures from people who have requested in writing that their signatures be removed. Only requests submitted up to the day before the petitions were submitted to the City of Carlsbad will be honored.
If the required number of valid signatures is confirmed by the Registrar of Voters, the City of Carlsbad must place the referendum on the agenda of the next regularly scheduled City Council meeting, following notification from the registrar. Unlike the rules for initiatives, the Elections Code does not require the City Council to take action within a set time, just that it be placed on the next agenda for consideration. Ultimately, the Council must either repeal the ordinance or place the referendum on the ballot. The ordinance remains suspended until it is repealed by the City Council or acted upon by the voters.
If the City Council decides to put the referendum on the ballot, it would either be at the next regular municipal election, which is in November 2016, or at a special election, which could be scheduled to take place not less than 88 days following the City Council’s decision to call an election.
California Elections Code Sections 9200 to 9226 and 9235 to 9247 and Government Code Section 6253.5 are the primary laws governing the referendum process. The rules for a referendum are similar to those of a citizen-led initiative.
The Agua Hedionda South Shore Specific Plan proposes a comprehensive plan for future land uses on a 203.4 acre property east of I-5, between the south shore of the Agua Hedionda Lagoon and Cannon Road.