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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. - 1 - 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 - 2 - 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 - 1 - 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 - 2 - 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 ~ - 3 - 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