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O1613 ~ e e CA:RMM:lld658c/hpc/pc City council Meeting 2-11-92 Santa Monica, California ORDINANCE NUMBER 16l3(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTIONS 11220 AND 11221 TO THE SANTA MONICA MUNICIPAL CODE TO PROVIDE A SAMPLE FORMAT FOR PETITIONS FOR INITIATIVE, REFERENDUM OR AMENDMENT OF THE CITY CHARTER THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11220 is added to the Santa Monica Municipal Code to read as follows: SECTION 11220. Format for Petitions for Initiative, Referendum, or Amendment of the City Charter. Any petition for initiative, referendum, or amendment of the City Charter must substantially comply with the applicable format contained in this Section or alternatively, with the applicable sections of the California Elections Code governing the same matters. In addition, the proponent(s) of any such petition must comply with all other applicable sections of the California Elections Code including, but not limited to, any requirements relating to the filing of a notice of intent to circulate petition, summary and title prepared by the City Attorney, any publication or posting - 1 - e e obligations, any time limitation for securing signatures, and any filing requirements. (a) sample Initiative Petition Format. The form for an initiative petition shall be substantially in the form set forth in Exhibit A. (b) Sample Charter Amendment Petition Format. The form for a petition to amend the City Charter shall be substantially in the form set forth in Exhibit B. (c) sample Referendum Petition Format. The form for a referendum petition shall be substantially in the form set forth in Exhibit c. SECTION 2. Section 11221 is added to the Santa Monica Municipal Code to read as follows: SECTION 11221. Acceptance of Petition. Prior to circulating a petition, any person may request a determination from the ci ty Clerk that the petition form is in substantial compliance with the form required by Section 11220. The City Clerk shall have seven (7) days from receipt of a petition for initiative, referendum or amendment of the city Charter to determine whether the petition is in substantial compliance with the format permitted by this Chapter. If, within this time period, the city Clerk fails to reject the petition for noncompliance with the acceptable format, the petition shall be conclusively presumed to be in compliance with the - 2 - e e proper format and shall not be rejected for failing to be in the form required by law. SECTION 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 4. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be publ ished once in the off icial newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: r_~~ ROBERT M. MYERS City Attorney - 3 - . EXHIBIT A . e e INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: [Here setforth the title and sumnuzry prepared by the City Attorney. This title and summary must also be printed across the lOp of each page of the petition where signatures are to be gathered. 1his title and summary must be in roman boldface type not smaller than 12-poi11l.] NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given by the persons whose names appear below of their intention to circulate the petition within the City of Santa Monica for the purpose of . A statement of the reasons for the proposed action as contemplated in the petition is as follows: [The statement settmg fonk the reasons for the proposed petition may not exceed 500 words. The Notice must be signed by at least one, but not more than three, proponents. The SUl1ement shall previously have been published andfiled with the City Clerk in accordance with the requirements of Elections Code Sections 4003 and 4004. The notice should appear on the petition precisely asfiled with the City Clerk and should include the names of the signers of the notice.} TEXT OF INITIATIVE MEASURE The People of the CIty of Santa Monica do ordaIn as follows: [Here place the text o/the initiative. Jfthe measure is too long to fit on one page it may be continued on such other pages as are necessary. At least some text must appear on theftrs, page. When appropriate. a note on the bottom of the page should ind,cate that the petition is continued onto other pages. If the petition COnslSts of more than one page, all pages must be securely fastened together. Again, the title and summary prepared by the City Attorney must appear on each page of the initiative petition where signatures are to be collected.) The circulators of the petition [] do [] do not request that the measure be submitted immediately to a vote of the people at a special election. P/the initiative sponsors intend to request that the initiative be submitted Immediately to a vote o/the people at a special election, a notice to that effeCl must appear next after the text of the proposed initiative. The number of signatures required is greater for a special election. '111e circulator should check whether or not a special election is required.] Page 1 of2 e e INITIATIVE MEASURE TO BE SUBMrrrED DIRECTLY TO THE VOTERS The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: [Here setforth the title and SU11UTUlry prepared by the ary Attorney. This title and summary must also be printed across the top of each page of the petition where signatures are to be gathered. This title and summary must be in roman boldface type not smaller than 12-point.] [Primed spaces for signatures should appear next in substantially the followingfonn. Only a person who is a qualified registered voter in the City of Santa Monica at the time of signing the petition is entitled to sign it. 1he number of signature lines contained on any page is left to the discretion of the person(s) soliciting the sig1UltUres; however. each signature space must be consecutively numbered. Note: Each signature page must contain the title and summary prepared by the City Attorney.] Text of Measure on Previous Page(s) All signers of this petition must be registered to vote in the City of Santa Monica NOTICE TO THE PUSLlC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. Date Santa Momca Registered Voter Legal Resulence Official Use Onh SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY PRINT YOUR NAME AS REGISTERED CITY ZIP 1. SIGNATURE AS REGISTERED - RESIDENCE ADDRESS ONLY PRINT YOUR NAME AS REGISTERED CRY ZIP 2. [lhis pan is to be completed after signatures have been obtained. Each petition packet containing a complete Section of the initiative must contain an affidavit of the collector of signatures in substantially the following lomr.] DECLARA nON OF CIRCULATOR: I am regIstered to vote in the County of Los Anleles. City of Santa Monica. Cab- fornia. I carcul_ted tbJs petition and witnessed each of the appended signatures on this petition bemg wntten. Each signature on tlus petition IS. to the best of my mfonnatJon and behef, the genuine Signature of the person whose name it pUlpOrts to be. All signatures on tbJs document were obtamed between , 19_ and . 19 I certify and declare under penalty of peljury under the laws of the State of California that the foregoing is true and correct. Executed at . Cahforma. 011. . 19 Signature of Circulator Pnnt Complete Name Residence Address City Zip Page 2 of2 e EXHIBIT B e . e PETmON FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANTA MONICA The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: [Here set tonh the title and summary prepared by ,he City Attorney. 7his title and summary must also be printed across the top of each page of the petition where signatUres are to be gathered. this title and summary must be in roman boldface type not smaller thtm 12-point.J To the CIty Council of the City of Santa Monica: We, the undersignedJ registered and qualified voters of the State of California, residents of the City of Santa Monica, pursuant to Section 3 of Article XI of the California Constitution and Chapter 2 (commencmg with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the City Council of the City of Santa Monica this petition and request that the following proposed amendment to the charter of the City be submitted to the registered and qualified voters of the City for their adoptIon or rejectIon at an election on a date to be determined by the City Council. The proposed charter amendment reads as follows: [Here setfonh the ttxl of the amendmem infull in no less than lo..poim type. The text may be continued onto other pages ifnecessary. Some ponion o/the text must appear on thefirst page. Men appropriate, on the bottom o/theftrst page an indIcation should be made that the petition is continued onto other pages. If the petition consists o/more than one page, all pages should be securely fastened together. Again, the title and swnmary prepared by the City Attorney must appear on each page o/the petition where signatUres are to be collected.) NOTICE OF INTENT TO CIRCULATE PETITION Notice is hereby given by the persons whose names appear below of their intention to circulate the petition within the City of Santa Monica for the purpose of . A statement of the reasons for the proposed action as contemplated in the petition is as follows: [The statement setting lonh the reasons for the proposed petition may not exceed 500 words. TIre Notice must be signed by at least one, but not more than three, proponents. The statement shall previously have been published and filed with the City Clerk in accordance with the requiremeTUs olE/ections Code Section 4081. The notice should appear on the petition precisely as filed with the City Clerk and should include the names of the signers of the notice.] Page 1 of2 e e PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANfA MONICA The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: [Here setforth the title and summary prepared by the City Attorney. This title and summary must also be printed across the top of each page of the petition where signatures are to be gathered. This title and summary must be in roman boldface type not smaller than 12-point.] [pnnted spaces for signatures should appear next in substantially the following form. Only a person who is a qualified registered voter in the City of Santa Monica at the time of signing the petition is entitled to sign it. The number of signoJure lines contained on any page is left to the discretion of the person(s) soliciting the signatures; however. each signature space must be consecutively numbered. Note: Each signature page must contain the title and summary prepared by the City Attorney.] Text of Measure on Previous Page(s) All signers of this petition must be registered to vote in the City of Santa Monica. NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR VOLUNTEER. YOU HAVE THE RIGHT TO ASK. Date Santa Momca Registered Voter Legal Residence Official Use Only SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY PRINT YOUR. NAME AS REGISTERED CrrY ZIP 1. SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY PRINT YOUR NAME AS REGISTERED errv ZIP 2. [This part is to be completed after signatures have been obtained. Each petition packet containing a complete Section of the initiative must contain an affidavit of the collector of signatures in substantially the following form.] DECLARATION OF CIRCULATOR: I am registered to vote m the County of Los Angeles, CIty of Santa Monica, Cali- forma. I CITculated this pel1l1on and Witnessed each of the appended signatures on this petition being wriUen. Each SJgnature OD thts pel1l1on IS, to the best of my information and belief. the genu me signature of the person whose name it purports to be. All signatures on this document were obtained between . 19_ and . 19_. I certJfy and declare under penalty of perjury under the laws of the State of Cahfornia that the foregoing is true and correct. Executed at . Cahfomia, on . 19 Signature of Circulator Pnnt Complete Name Residence Address City Zip Page 2 ol2 e EXHIBIT C e e e REFERENDUM AGAINST AN ORDINANCE PASSED BY THE CITY COUNCIL We, the undersigned, are duly registered and qualified voters of the City of Santa Monica, County of lDs Angeles, and constitute not less than 10 percent of the voters of the City of Santa Monica. We hereby protest the adoption of Ordinance Number (CCS), adopted by the City Council on , 19_. We hereby request that Ordinance Number _ (CCS) be reconsidered and repealed by the Santa Monica City CounCll or that it be submitted to a vote of the People of Santa Monica at the next regular election, The title and text of the ordinance (or the portion of the ordinance which is the subject of the referendum) is set forth below in its entirety. [The above title and paragraph should be printed across the lOp of each page of lhe referendwn petition, including each page on which signatures will appear. Insen text of ordinance (or the portion thereof) here.} [Printed spaces for signatures should appear next in substantially thefollowing/ann. Only a person who is a qualified registered voter in the City of Santa Monica at the ti1TU! of signing lhe petition is entilled 10 sign It. The number of signature lines contatned on any page is left to the discretion o/the person(s) soliCiting the signatures,' however. each signature space must be consecutively numbered.] AU signers of this petition must be registered to vote in the City of Santa Monica. NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER, YOU HAVE THE RIGHT TO ASK. Date Santa Moruca Registered Voter Legal Residence Official Use Only SIGNATURE AS REGlSl.t.KB) I{E.SmENCE ADDRESS ONLY PRINT YOUR NAME AS REGISTERED "'rrv ZIP 1. SIGNATURE AS REGISTERED ~IDENCEADDRDSONLY PRJNT YOUR NAME AS REGISTERED "'rrv ZIP 2, [This pan IS to be completed after sig7Ultures have been obtained. Each petition packet containing a complete Section of the initiative must contam an affidavit of the collector of siglUUUres in substantially the following form.) DECLARATION OF CIRCULATOR: I am regJstered to vote in the County of Los Angeles. City of Santa MOllIca, Califonua. I Circulated tlus petition and Witnessed each of the appended signatures on this petition hemg wntten. Each signature on this pebbon is. to the best of my mformahon and behef. the gcnulDe sIgnature of the person whose name It purports to be. All signatures on thts document were obtained between .19 and . 19 . I comfy and declare under penalty of pelJury under the laws of the State of Califorma that the (oregomg is true and-Correct. Executed at t Cahforma. on t 19 Signature of Circulator Pont Complete Name Residence Address City Zip Page 1 of 1 e e Adopted and approved this 11th day of February, 1992. () ~/ May~prO ~k~re I hereby certify that the foregoing Ordinance No. 1613 (CCS) was duly and regularly introduced at a meeting of the Ci ty council on the 4th day of February 1992: that the said Ordinance was thereafter duly adopted at a meeting of the City council on the 11th day of February 1992 by the following council vote: Ayes: Councilmembers: Holbrook, Katz, Olsen, Vazquez, Zane, Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Genser -- , '''-. - ATTEST: d: _-:: ~~~_.~ ~~Q- -. - Ci ty e..~erk- ---- _ - J