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CITY OF COLTON <br />AGENDA REPORT <br />FOR COUNCIL MEETING OF <br />(CONTINUED) <br />November 5, 1991 <br />SUBJECT: Certification Of Initiative Petition --Councilmanic District <br />the Committee seeks judicial review, the City's legal costs should not be <br />significant. In any event, the cost to the City for judicial review <br />before or after an election will be approximately the same. <br />CONCLUSION• <br />1. State law requires the City to submit all initiative ordinances to <br />the electorate; but, courts have sustained refusing to do so if such <br />initiatives propose ordinances that are invalid. <br />2. The "Colton Voters For Fair Representation Committee" initiative <br />ordinance appears to violate statutory requirements for ordinances <br />for the establishment of election by districts. <br />3. State law prohibits a city council from changing the language of any <br />initiative ordinance from that submitted by the petitioners before <br />placing the matter on the ballot. <br />4. The Committee may seek judicial review of the City Council's action <br />should it decline to put the issue on the ballot. The court may act <br />before or after an election on this issue. <br />RECOMMENDATION: <br />1. Given the specific requirements of Government Code Section 34872 <br />regarding councilmanic district ordinances, staff recommends that <br />the City Council refuse to place the initiative petition submitted <br />by the "Colton Voters For Fair Representation Committee" on the <br />ballot. <br />OR <br />2. If the Council wishes to place this matter on the ballot, as <br />drafted, direct staff to return at your November 19, 1991 meeting <br />with the necessary action items. <br />Attachment: City Clerk's Report <br />3 3 <br />Page of Item No <br />