1991 NOV 05 REG MIN - Laserfiche WebLink

Browse Search

mayor. The City Clerk's office verified signatures in accordance with Elections Code Section 3708 and is prepared to certify the petition as sufficient with respect to "procedure". The proposed ordinance was sub- mitted to the City Clerk's office on May 31, 1991, and City Attorney Stephen Edwards prepared a summary of the ordinance and established a ballot title. Mrs. Stratton stated the proposed initiative ordinance does not contain a description of councilmanic districts but, instead, it describes a procedure by which the Committee and City Council will determine dis- trict boundaries prior to the November 1992 elections. A similar peti- tion in the City of Redlands was recently invalidated by the courts. Given the recent Redlands decision, our legal counsel feels that the courts will not validate the substance of the Committee's ordinance as currently drafted. Mrs. Stratton said in conclusion - State law requires the City to submit all initiative ordinances to the electorate, but courts have sustained refusing to do so if such initiatives propose ordinances that are in- valid; the Colton Voters for Fair Representation Committee initiative ordinance appears to violate statutory requirements for ordinances for the establishment of election by districts; State law prohibits a city council from changing the language of any initiative ordinance from that submitted by the petitioners before placing the matter on the ballot; the Committee may seek judicial review of the City Council's action should it decline to put the issue on the ballot. The court may act before or after an election on this issue. Mrs. Stratton stated Staff recommends that, given the specific require- ments of Government Code Section 34872 regarding councilmanic district ordinances, the City Council refuse to place the initiative petition submitted by the Colton Voters for Fair Representation Committee on the ballot - or - if the Council wishes to place this matter on the ballot as drafted, direct Staff to return at the November 19, 1991 meeting with the necessary action items. Speaking in favor of the petition on establishing Councilmanic dis- tricts were the following: Mr. Eugene McMeans, 2025 South Glenwood, stating he approves of having someone that lives in their district and can speak for them. Mrs. Gerane B. Jacobsen, 1276 Upland Hills Drive South, Upland, stating she had worked for 25 years in the elections and 8 years with the Regi- strar of Voters, advising this initiative should be put on the ballot and let the people have a voice. Mrs. Jacobsen said the courts have ruled that measures containing sufficient voter information are, in fact, in substantial compliance. The Committee could not have drawn the boundaries without the census being completed. 4 �ffl 5 1991