SR-8-B (41)
CA:RMM:jld676/hpcal/pc
City Council Meeting 2-4-92
~-~
Santa Monica, California
STAFF REPORT
TO:
Mayor and city council
FROM:
city Attorney
SUBJECT:
Ordinance 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
At its meeting of April 10, 1990, the City Council directed
the city Attorney to prepare an ordinance that would clarify the
legal requirements which someone must satisfy l.n preparing a
petition for an initiative, referendum or amendment of the City
Charter.
In response to this direction, the accompanying
ordinance has been prepared and is presented to the city council
for its consideration and first reading.
In recent years, many citizens groups have proposed various
initiatives, referendums, and amendments to the City Charter. On
several occasions, the petitions were not accepted as valid
because they failed to comply with applicable provisions of the
California
Elections
Code.
Unfortunately,
the
California
Elections Code contains requirements that are neither clear nor
intuitively understood as important.
Consequently, even a
reasonably informed citizen who wishes to proceed with a petition
in fullest compliance with state law can run afoul of the
Elections Code.
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o-B
FEB .1 1QCI?
The accompanying ordinance is designed to streamline the
petition process. The ordinance sets forth model formats, which
if followed, should eliminate the most common errors and should
substantially reduce any confusion over what a petition should
contain.
In addition,
the ordinance provides a pre-Clearance
procedure for approval of petitions.
Under the ordinance,
proponents of petitions can request that the city Clerk review
the petition to determine if it satisfies the form required by
law. The City Clerk will have seven (7) days to conduct such a
review.
If the ci ty Clerk determines that the form of the
petition satisfies legal requirements, this determination is
conclusive.
If
petition
sponsors
utilize
this
feature,
challenges to the form of a petition which occur after sponsors
collect signatures should be eliminated.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
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CA:RMM:lld658c/hpc/pc
city council Meeting 2-4-92
Santa Monica, California
ORDINANCE NUMBER
(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,
a~
publication
or
posting
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obligations, any time limi tation for
signatures, and any filing requirements.
(a) Sample Initiative Petition Format.
form for an initiative petition shall
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.
securing
The
be
(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 City 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
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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 published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
~ ""'v'\-.
ROBERT M. MYERS
city Attorney
~
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EXHIBIT A
INITIATIVE l\IEASURE 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 summary prepared by the City Attorney. This title and summary must also be
pnmed across the top of each page of the petltlon where signatures are to be gathered. This title and
summary must be m roman boldface type not smaller than 12-point.]
NOTICE OF INTENT TO CIRCULATE PETITION
NotIce IS hereby given by the persons whose names appear below of theIr mtention to cIrculate the petition
WIthm the City of Santa Momca for the purpose of . A statement of the reasons for
the proposed actIon as contemplated m the petItIOn IS as follows.
[The statement setnngfonh the reasons for the proposed petition may not exceed 500 words. The Notlce
must be sIgned by at least one, but not more than three, proponents The statement shall prevIOusly have
been publIshed andfiled wuh the CIty Clerk in accordance wuh the reqUlrements of Elections Code Sections
4003 and 4004. The notlce should appear on the petition precisely asfiled wuh the Cuy Clerk and should
include the names of the Signers of the notice.]
TEXT OF INITIATIVE MEASURE
The People of the City of Santa Momca do ordain as follows:
[Here place the text of the lmtlatlve. If the measure IS too long to fit on one page It may be contmued on
such other pages as are necessary. At least some text must appear on the first page. liWlen appropnate,
a note on the bottom of the page should indIcate that the petUlon IS contmued onto other pages If the
pennon conSists of more than one page, all pages must be securely fastened together. Agam, the tule and
summary prepared by the CIty Attorney must appear on each page a/the initIatIve petUlon 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.
[If the mlllatlve sponsors intend to request that the initiative be submitted immediately to a vote of the people
at a speczal electIOn, a nonce to that effect must appear next after the text afthe proposed imtiative. The
number of signatures reqUlred IS greater for a speCial election. The CIrculator should check whether or
not a specwl electIOn lS required.]
Page 1 of 2
INITIATIVE l\fEASURE TO BE SUBl\:IITTED 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 setfonh the tltle and summary prepared by the City Attorney. This tllle and summary must also be
pnnted across the top of each page of the pennon where signatures are to be gathered. This title and
summary must be in roman boldface type not smaller than 12-pomt.]
[Pnnted spaces for sIgnatures should appear next m substantially the followmg form. Only a person who
IS a qualified registered voter in the CIty of Santa MOnica at the tlme of SIgning the petitIOn IS entitled to
SIgn It. The number of signature lmes contamed on any page is left to the discretIOn of the person(s)
solzcuing the SIgnatures; however, each Signature space must be consecutively numbered. Note: Each
SIgnature page must contain the tItle and summary prepared by the Guy Attorney.}
Text of l.\tleasure 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 A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.
Date Santa Momca RegIstered Voter Legal ResIdence OffiCial Use Onlv
SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY
PRINT YOUR NAAiE AS REGISTERED CITY ZIP
1.
SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY
PRINT YOUR NAME AS REGISTERED CITY ZIP
2.
[This part IS to be completed after SIgnatures have been obtamed. Each petition packet contaming a
complete SectlOn of the inmatlve must contain an affidavlt of the collector of signatures m substantially
the followmg form.]
DECLARATION OF CIRCULATOR I am regIstered to vote m the County of Los Angeles, CIty of Santa Momca, Cah-
fornIa I CIrculated thiS petltIon and WItnessed each of the appended SIgnatures on thIS petlhon bemg wntten. Each SIgnature
on thIs pehhon IS, to the best of my mformatlon and behef, the genume signature of the person whose name It purports to be
All signatures on thts document were obtamed between , 19_ and , 19_
I certify and declare under penalty of pefJury under the laws of the State of CalIfOrnIa that the foregomg IS true and correct
Executed at , CalIforma, on , 19
Signature of CIrculator
Pnnt Complete Name
ReSidence Address
City
ZIp
Page 2 of 2
EXHIBIT B
PETITION FOR SUBl\fISSION TO VOTERS OF PROPOSED Al\fENDl\IENT
TO THE CHARTER OF THE CITY OF SANTA l\fONICA
The City Attorney has prepared the following title and summary of the chief purpose and
points of the proposed measure:
[Here set forth the title and summary prepared by the Cuy Attorney. 11us title and summary must also be
pmlled across the top of each page of the petitwn where signatures are to be gathered. This tltle and
summary must be in roman boldface type not smaller than 12-pomt.}
To the City Council of the City of Santa Momca'
We, the undersigned, 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 CahfomIa 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 Councll of the City of Santa Momca thIS pennon 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 elecl10n on a date to be determmed by the CIty Council.
The proposed charter amendment reads as follows'
[Here setforth the text of the amendment mfull m no less than lO-point type The text may be contmued
onto other pages ifnecessary. Some portwn of the text must appear on the first page. When appropnate,
on the bottom of the first page an mdicatwn should be made that the pemion IS connnued onto other pages.
If the petitwn consists of more than one page, all pages should be securely fastened together. Agam, the
tule and summary prepared by the City Attorney must appear on each page of the petuion where slgnatures
are to be collected. ]
NOTICE OF INTENT TO CIRCULATE PETITION
NotIce is hereby gIven by the persons whose names appear below of theIr mtentIon to CIrculate the petition
WIthIn the CIty of Santa Momca for the purpose of . A statement of the reasons for
the proposed action as contemplated In the petition IS as follows:
[The statement settmgfonh the reasons for the proposed perlllon may not exceed 500 words. The NOllce
must be signed by at least one, but not more than three, proponents. The statement shall prevwusly have
been publlshed andfiled with the City Clerk In accordance WIth the requirements of ElectIOns Code Sectlon
4081. The notlce should appear on the perlllon preCisely asfiled wuh the Cuy Clerk and should Include
the names of the signers of the notlce.}
Page 1 of 2
PETITION FOR SUBMISSION TO VOTERS OF PROPOSED AMENDl\fENT
TO THE CHARTER OF THE CITY OF SANTA l\IONICA
The City Attorney has prepared the following title and summary of the chief purpose and
points of the proposed measure:
[Here set fonh the fUle and summa.ry prepared by the City Attorney. ThlS title and summary must also be
pnnted across the top of each page of the peutlon where slgnatures are to be galhered. ThlS title and
summary must be m roman boldface type not smaller than 12-POlnt.]
[Pnnted spaces for slgnalUres should appear next m substantlally the followmg form. Only a person who
IS a qualified registered voter In the Cuy of Santa MOnica at the time of slgmng the petitlOn IS entitled to
sign ll. The number of slgnature lznes contamed on any page lS left to the dlscretion of the person(s)
soliCiting the signatures; however, each SIgnature space must be consecutively numbered. Note: Each
signature page must contam the rule and summary prepared by the Cuy Attorney.]
Text of 1tleasure 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 CITY ZIP
1.
SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY
PRINT YOUR NAME AS REGISTERED CITY ZIP
2.
[ThlS pan is to be completed after signatures ha.....e been obtamed. Each petitlOn packet containing a
complete SectIOn of the mltlative must contam an ajJidavlt of the collector of signatures In substantlally
the followmg form.]
DE CLARA TION OF CIRCULATOR I am regIstered to vote In the County of Los Angeles, CIty of Santa Momca, Cah-
forma. I cITculated tlus petItIon and Witnessed each of the appended signatures on thiS petItIon bemg wntten Each SIgnature
on tlus petition IS, to the best of my mformation and behef, the genume Signature of the person whose name It purports to be.
All SIgnatures on thIs document were obtamed between , 19 and , 19
I certify and declare under penalty ofpe1]ury under the laws of the State of CahfomIa that the foregomg IS true and correct.
Executed at , Cahfoffiia, on , 19_
Slgnature of Circulator
Pnnt Complete Name
ReSidence Address
CIty
ZIp
Page 2 of2
EXHIBIT C
REFERENDlThI AGAINST AN ORDINANCE PASSED BY THE CITY COUNCIL
We, the underslgned, are duly reglstered and quabfied voters of the CIty of Santa Monica, County of Los
Angeles, and constItute not less than 10 percent of the voters of the CIty of Santa Monica. We hereby protest
the adoption of Ordmance Number _ (CCS), adopted by the Clty Council on , 19_.
We hereby request that Ordmance Number _ (CCS) be reconsldered and repealed by the Santa Momca
CIty Councll or that It be submltted to a vote of the People of Santa MODIca at the next regular electIon. The
tl tIe and text of the ordinance (or the portion of the ordmance whlch is the subJ ect of the referendum) is set
forth below m Its entIrety.
[The above title and paragraph should be pnnted across the top of each page of the referendum petition,
includzng each page on which Signatures Will appear. Insert text ofordznance (or the portIOn thereof) here.)
[Pnnted spaces for Signatures should appear next in substannally the followzng fonn. Only a person who is
a qualified registered voter m the Dry of Santa Monica at the time of signing the petition is emitled to Sign
It. The number of signature lines contamed on any page 1S left to the discretion of the person(s) sollclllng
the SIgnatures; however, each Signature space must be consecutively numbered.]
All signers of this petition must be registered to vote in the City of Santa l\fonica.
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 REGISTERED RESIDENCE ADDRESS ONLY
PRINT YOUR NAME AS REGISTERED CITY ZIP
1.
SIGNATURE AS REGISTERED ~IDENCEADDRESSONLY
PRINT YOUR NM1E AS REGISTERED CITY ZIP
2.
[ThlS pan is to be completed after signatures have been obtained. Each pellnon packet contaimng a complete
Sectlon of the mmative must contam an affidavlt of the collector of signatures in substantially the followmg
form.]
DECLARA nON OF CIRCULATOR I am regIstered to vote In the County of Los Angeles, CIty of Santa Momca, Cahforma
I clfculated thIS petition and WItnessed each of the appended signatures on tins petItIOn beIng wntten Each signature on thIs petItIOn
IS, to the best of my Information and behef, the genume signature of the person whose name It purports to be All signatures on
thIs document were obtamed between , 19_ and , 19_ I certify and declare
under penalty of pelJury under the laws of the State of CalIfornIa tbat the foregOIng IS true and correct. Executed at
, CalIfornia, on , 19_
SIgnature of CIrculator
Pnnt Complete Name
Residence Address
City
Zip
Page I of 1