Chapter 1.08
INITIATIVES, REFERENDA AND REFERRALS

Sections:

1.08.010    State law.

1.08.020    Percentage of voters needed for initiative petitions.

1.08.030    Filing and percentage requirements—Verification.

1.08.040    Charter amendment by resolution—Submittal of ordinances to voters.

1.08.050    Resolution for Charter amendment to contain date of election.

1.08.060    Filing explanatory statements.

1.08.070    Publishing requirements.

1.08.080    Legal voters allowed to sign—Violation.

1.08.090    Affirmative majority required for adoption.

1.08.100    Resolution of election results.

1.08.010 State law.

As provided by City Charter Section 22, state election laws apply to matters not regulated by this code. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.020 Percentage of voters needed for initiative petitions.

Initiative petitions for any proposed ordinance, Charter amendment or measure shall be signed by a number of legal voters equal to fifteen (15) percent of the votes cast for mayor at the last preceding municipal election. Referendum petitions against any ordinance or measure proposed by the city council shall be signed by a number of legal voters equal to ten (10) percent of the votes cast for mayor at the last regular preceding municipal election. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.030 Filing and percentage requirements—Verification.

A. The recorder will accept for signature verification in accordance with this section only petitions that comply with the requirements of this section and other applicable law.

B. No petition may be accepted for filing unless it contains at least the required number of verified signatures to submit the measure to the electors, as prescribed by this code.

C. Any initiative petition must be submitted for signature verification not more than two years from the date the petition is approved for circulation.

D. Any referendum petition must be submitted for signature verification not more than thirty (30) days after the council’s adoption of such legislation.

E. An initiative or referendum petition may not be accepted for signature verification if it contains less than one hundred (100) percent of the required number of signatures. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.040 Charter amendment by resolution—Submittal of ordinances to voters.

A. An amendment to the Charter of the city may be proposed and submitted to the legal voters thereof by resolution of the city council without an initiative petition; the resolution shall be filed with the recorder for submission to the voters, and no amendment to the Charter shall be effective until it is approved by a majority of the votes cast thereon by the legal voters of the city.

B. The council may provide that before an ordinance shall become effective it shall be submitted to the legal voters for their approval or rejection. The ordinance so referred shall contain a separate section so referring it to the legal voters and setting a date for an election thereon which may be either a special or general election. No ordinance so referred shall be effective until it is approved by a majority of the votes cast thereon. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.050 Resolution for Charter amendment to contain date of election.

Where an amendment to the Charter of the city may be proposed and submitted to the legal voters thereof by resolution of the city council without an initiative petition, the resolution shall therein state the date of the regular municipal election, or the date of a special election at which the resolution will be submitted to be voted on. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.060 Filing explanatory statements.

For any measure referred by the city or any initiative or referendum by petition, the city manager or elections officer shall submit to the county clerk an impartial, simple and understandable statement explaining the measure and its effect. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.070 Publishing requirements.

Where a special election is called either on petition for proposed ordinances or Charter amendments by the initiative, or for submitting ordinances by the referendum, or on Charter amendments proposed by resolution of the council, the recorder shall publish such proposed ordinances, referendum measures or Charter amendments with the ballot title and number in full, in one issue of a newspaper published in the city, to be designated by the council in the resolution submitting such measures, not less than ten days preceding the special election at which the proposed ordinance, referendum measure or Charter amendment is to be voted on. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.080 Legal voters allowed to sign—Violation.

Legal voters of the city are qualified to sign a petition for the referendum or for the initiative for any measure which the voter is entitled to vote upon. It shall constitute a violation of this Chapter if any person: (A) signs any name other than their own to a petition; (B) knowingly signs their name more than once for the same measure at one election; or (C) signs a petition when at the time of signing, is not a legal voter of the city. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.090 Affirmative majority required for adoption.

The manner of voting upon measures submitted to the legal voters of the City shall be the same as now is or may hereafter be provided by law. No measure shall be adopted unless it shall receive the affirmative majority of the total number of legal votes cast on such measure and entitled to be counted thereon. If two or more laws on the same subject, or containing provisions that are conflicting, shall be approved by the voters at the time of election, the measure receiving the greatest number of affirmative votes shall be proclaimed to be the law adopted. (Ord. 1084 § 1 (Exh. A), 2021)

1.08.100 Resolution of election results.

The Council shall approve elections results at the next available council meeting following the receipt of the canvass of votes per resolution the adoption of such measures and amendments which shall have received the affirmative majority of the total number of votes cast thereon, and upon such proclamation, such measures and amendments shall become in full force and effect, except in cases provided for in Section 1.08.090 with reference to two or more laws on the same subject or containing provisions that are conflicting or unless the measure contains a later effective date. In cases of ordinances which have been passed by the council and voted upon by referendum, proclamation of the result of such vote shall also be made, and such ordinances shall take effect or be repealed according to the results. (Ord. 1084 § 1 (Exh. A), 2021)