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O2018 f:\atty\muni\lawl:;\mjm\init.ref.rec2-1.wpd City Council M~eting 8-14-01 Santa Monica, California ORDINANCE NUMBER 1ll!L (ees) (City Council Series) AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SANTA MONICA ADDING SECTION 11.04.176 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO REFERENDA AND RECAllS THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOllOWS: SECTION 1. Section 11.04.176 is hereby added to the Santa Monica Municipal Code to read as follows: Section 11.04.176. Referendum and Recall Information Sheets. (a) In order to ensure that any person considering signing a referendum or recall petition has information about the proposal and the process sufficient to exercise his or her rights in an informed manner, the City Clerk and City Attorney shall prepare referendum and recall information sheets to accompany each petition. (b) Each referendum information sheet shall contain: (1) notification of the right to request a copy of the full text of the subject ordinance from the City Clerk; (2) notification of the procedure for signature withdrawal; and (3) notification that it is a crime for signature gatherers to misrepresent the 1 contents of the subject ordinance or to refuse to allow the signer to read the petition or subject ordinance. (c) Each recall information sheet shall contain: (1) notification of the procedure for signature withdrawal; (2) notification that the signature gatherer may be compensated for gathering signatures or may be a volunteer and that the potential signer has the right to ask whether the gatherer is a volunteer or is being paid; and (3) notification that it is a crime for signature gatherers to misrepresent the contents of the proposed recall petition or to refuse to allow the signer to read the petition. (d) Each person gathering signatures shall provide a copy of the appropriate information sheet to every signer of the petition. In addition, each person gathering signatures shall make copies of the information sheet readily available to prospective signers either by offering copies orally or by displaying them prominently in the same location where the signatures are being gathered so that signers may readily see and take them. SECTION 2. 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inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 3. 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 2 of 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 4. 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 published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 3 Adopted and approved this 14th day of August, 2001. ~/~! Michael Feinstein, State of California ) County of Los Angeles) ss. City of Santa Monica ) I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2018 (CCS) had it's introduction on July 24,2001, and was adopted at the Santa Monica City Council meeting held on August 14, 2001 by the following vote: Ayes: Council members: Holbrook, O'Connor, Genser, Mayor Pro Tem Bloom, Mayor Feinstein Noes: Council members: None Abstain: Council members: None Absent: Council members: McKeown, Katz A TIEST: f