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SR-6-I (43) , (0- i ....~ CA:RMM:jld676b/hpca1/pc FEB 1 1 1992 City council Meeting 2-11-92 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 February 4, 1992, the city Council introduced for first reading an ordinance that would clarify the legal requirements which someone must satisfy in preparing a petition for an initiative, referendum or amendment of the city Charter. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, city Attorney Joseph Lawrence, Assistant city Attorney GJ- i tEB ~ "\ '9~2 , '- CA:RMM:lld658c/hpc/pc city Council Meeting 2-11-92 Santa Monica, California ORDINANCE NUMBER 1613(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 - '.. obligatlons, any time limitation for securing signatures, and any filing requirements. (a) Sample Initiative Petition Format. The form for an inltiative 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 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 wi th 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: , -- ROBERT M. MYERS City Attorney - 3 - EXHIBIT A -- - --- -- INITIATIVE MEASURE TO BE SUBl\fiTTED 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 title and summary prepared by the City Attorney. This ntle and summary must also be printed across the top of each page of the petition where signatures are to be gmhered. This ntle and summary must be in roman boldface type not smaller than 12-poinr.] 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 10 the petition is as follows: [The statement setnng fonh the reasons for the proposed pemion may not exceed 500 words. The Notice must be SIgned by at least one> but not more than three> proponents. TIu! statement shall previously have been published and filed wzth the City Clerk in accordance with the requirements of Elections Code Sections 4003 and 4004. The notice should appear on the pemion precIsely asfiled with the City Clerk and should mclude 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 initiatIve. If the 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 thefirst page. Men appropriate. a note on the bottom of the page should indicate that the petition is continued onto other pages. If the petition consists of more than one page> all pages must be securely fastened together. Again> the title and swnmary prepared by the City Attorney must appear on each page of the mitiative 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. [lfthe initiatlve sponsors intend to request that the initiative be submitted immediately to a vote of the people at a special election, a notice to that effect must appear next after the text of the proposed initiative. The nwnber of signatures required is greater for a special election. The circulalor should check whether or not a speczal election is required.] Page 1 of 2 - - ------ . 11'.1:TIATIVE 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 set fonh the ntle and swnmary 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 ritle and summary must be in TOl1lll1l boldface type not smaller than 12-poinl.] [pnnted spaces for signarures should appear next in substantially rhe following/onn. Only a person who is a qualified registered voter in the City of Santa Monica OJ the time of signing the petition is entitled to sign it. The number of signature lines COlllained on any page is left to the discretion of the person(s) solicuing the signatures,. however, each signature space must be consecutively nwnbered. Note: Each signatUre page must contain the title and summary prepared by the City Marney.] Text of Measure on Previous Page(s) All signers of this petition must be registered to vote in the City or 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 Only SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY PRINT YOUR NAME AS REGISTERED CITY ZIP l. SIGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY PRINT YOUR NAME AS REGISTERED crrv ZIP 2. [This pan IS to be completed after signatures have been obtained. Each petition packet containing a complete Section a/the initiative must contain an affidavit a/the collector a/signatures in substantially the followmg form.) DECLARA nON OF eIRCULA TOR: I am registered to vote 10 the County of Los Angeles, City of Santa MODIca, Cab- forma. I Circulated thts petition and Witnessed each of the appended signatures on dus petJbon betng written. Each Signature on tlus petition IS, to the best of my mformatlOn and behef, the genuine sIgnature of the person whose name It purports 10 be. Al! Signatures on tlus 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 forego1Og is true and correct. Executed at , CalifornIa, on ,19 . Signature of Circulator Pnnt Complete Name ResIdence Address City Zip Page 2 of2 EXHIBIT B PETITION F()R SUBMISSION TO VOTERS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SANI' A MONICA The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: [Here set fonh the title and summary prepared I7y the City A.ttorney. 7his title and swnnuzry must also be printed across the top of each page of the petition where SigntltU7eS are to be gathered. This title and SUl1l11UJry must be in roman boldface type not smaller than 12-poiru.] To the City Council of the City of Santa Monica: 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 California Constitution and Chapter 2 (commencmg WIth Section 34450) of Part I 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 re] ection at an election on a date to be determined by the City Council. The proposed charter amendment reads as follows: [Here setfonh the text of the amendment infull in no less than l~point type. The text may be continued onto other pages ifnecessary. Some portion a/the text must appear on the first page. When appropriate. on the bottom of the first page an indication should be made that the petition is continued onto other pages. /fthe petition consists o/more than one page, all pages should be securely fastened together. Agtlln. the mle and summary prepared by the Dry Attorney must appear on each page of the petition where signazures are to be collected. J NOTICE OF INTENT TO CIRCULATE PETITION Nonce 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: [1he statement setting tonh the reasons for the proposed petition may not exceed 500 words. The Notice must be signed by mleast one, but not more than three, proponellls. The statemelll shall previously have been published andfiled with the City Clerk in accordance with the requirements o/Elections Code Section 4081. The notice should appear on the petition precisely as filed with the City Clerk and should include the names a/the signers of the notice.] Page lof2 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 setfonh the mk and summary prepared by the City Aaorney. This ritle and summary must also be printed across the top of each page of lhe pennon where signatures are to be gmhered. This title and summary must be In roman boldface type not smaller than 12-poinr.] [printed spaces for signatures should appear next in substantially thefollowing form. Only (J person who is a qualified reglstered voter in the City of Sama Monica ill the time of signing the petition is entitled to sign It. The nwnber of signature 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: EtJeh signature page must contain the ntle and summary prepared by the City Attorney.] Text of Measure on Previous Page(s) 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 VOLUNTEER. YOU HAVE THE RIGHT TO ASK. Date Santa Moruca RegJstered 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. [This pan is to be completed after signatures have been obtained. Each petition packet containing a complete Section of the inmatlve must contain an affidavit of the collector of signatures in substantially the following form.] DECLARA nON OF CIRCULATOR. I am registered to vote m the County of Los Angeles, CIty of Santa Monica, Cali- fonua. I Circulated thts petItIon and Wltnessed each of the appended signatures on thts petItIon being wntten. Each Signature on thJs petitIon IS. to the best of my mformation and belief. the genuine signature of the person whose name It purports to be. All signatures on tlus document were obtamed between ,19_ and ,19 . I certify and declare under penalty ofpelJury under the laws of the State of Cahforma that the foregomg IS true and correct. Executed at . Cahfonna, on , 19 . Signature of Cuculator Pont Complete Name Residence Address City Zip Page 2 of2 EXHIBIT C -' . REFERENDU1\f 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 Los 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 CouncIlor 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 top of each page of the referendwn petition, including each page on which signatures will appear. lnsert text of ordinance (or the portion thereof) here.) (Printed spaces for signatures should appear next in substantially the followingfonn. Only a person woo is a qualzfied reglstered voter in the Ciry of Santa Monica at the time of signing the petition is entitled to sign it. The number of signature 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.] 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 RCSJdence OffiClal Use Only SIGNATURE AS REGlSk~D RESIDENCE ADDRESS ONLY PRINT YOUR NAME AS REGISTERED CITY ZIP 1. SrGNATURE AS REGISTERED RESIDENCE ADDRESS ONLY PRINT YOUR NAME AS REGISTERED CD"Y ZIP 2. {This pan is to be completed after signatures have been obtained. Each petition packet conrDining a complete Sectlon of the initiative must contain an affidavit of the collector of signatUres in substantially thefollowing lonn.] DECLARA nON OF CIRCULATOR. I am registered to vote m the County of Los Angeles, City of Santa Momca, Califorma. I Circulated tlus peht! on and Witnessed each of the appended Signatures on this petItion bemg wotten. Each Signature on tlus pebboo IS, to the best of my mformatJon and behef, the genulDe 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 CaMarm. that the foregomg IS true and correct. Executed at , Cahforma, on ,19 Signature of Circulator Pnnt Complete Name ReSidence Address City ZiP Page 1 of 1 ! Adopted and approved this 11th day of February, 1992. i ff>~ May (Pro Te pore I hereby certify that the foregoing Ordinance No. 16~3(CCS) was duly and regularly introduced at a meeting of the City 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, Ka tz , Olsen, Vazquez, Zane, Abdo Noes: councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Genser ATTEST: ~/,r~ ~ - k/r - ci ty Clerk ( -~ --