HomeMy WebLinkAboutAgenda Report - August 3, 1983 PH (3)FIJ
ITEM OF
INTE'.RE ,
City Man&p.r Glaves gave the following report Of the
Planning Commission Meeting of July 25, 1983:
The Planning Commission:
ITEMS SET FOR 1. Reomr ended th2.t the City Council mtmend P -D (17) ,
PUBLIC HEARIM Planned Devel_apnent District No. 17 by increasing the
density to 30 units per acre with a parking ratio of
1 to 1 to provide for a 96 Lni.t complex for senior
citizens to be located on the westerly 484.55 feet of
800 North Church Street.
2. Recommended that the City Council certify the f iling of
a Negative Declaration by the Co m uiity Development
Director as adequate envirmrental docLmmtatio n on the
above project.
ITEMS SET FOR On motion of Cm=il Member Murphy, Snider second, Council
PUBLIC E?FARING set the heretofore listed items for Public Hearing on
Wednesday, August 17, 1983 at 8:00 p.m.
The Planning Commission also -
ITEM OF 1. conditionally approved the request of Ronald B. ITzms
on behalf of Arbor Retirement. Center for a Use Permit to
construct a 49 bed residential care facility on the
easterly 126.63 feet of 800 North Church Street in an
area zoned P -D (17) , Planned Development District No.
17.
2. certified the filing of a Negative Declaration by the
Co mnlity Development Director as adequate envirc mmentall
documentation on the above project.
3.
by a 3 to 3 vote with Chairman Hoffman absent, der -ed
the request of Tony Canton on behalf of Bocan
construction for a Zoning Variance to permit the
construction of a non -conforming 16 -unit apartment
house at the site formerly occupied by the Cosmopolitan
Hotel at 100 East Oak Street in an area zoned M-1, Light
Industrial.
.�,-,T, n�,r,I,. ",Si.,as�xF�ia 58 , : �,��:: ri:�tii �'ti:e. �� �'.;.: .yi :•r t-.;. . ,. �.� r:.�„q _
�ks�+✓•cli��ktkdti�M`S2]f£�cY '- I .. .. a .;�v:. / •' -� 1. y._✓ . x/ :i. " .. ... .. .. a.
. _ .. -....may.. ..» .. .. ..... ,.
1
�J
a
RECEIVED
MEMORANDUM, City of Lodi, Community DevelTe�c f#p%t7n45
1: .lUl. 6o Ai9
TO: CITY MANAGER ALICE M. ROAM
CITY CLW(
FROM: COMMUNITY DEVELOPMENT DIRECTOR CITY OF LW.
DATE: JULY 77. 1983
SUBJECT: PLANNING COMMISSION ACTIONS - JULY 25, 1983
FOR ACTION OF THE CITY COUNCIL
0
i. Recommended that the City Council amend P -D (17), Planned Development
District No. 17 by increasing the density to 30 units per acre with a
parking ratio of 1 to i to provide for a 96 unit complex for senior
citizens to be located on the westerly 484.55 feet of 800 North
Church Street.
2. Recommended that the City Council certify the filing of a Negative
Declaration by the Community Development Director as adequate environ-
mental documentation on the above project.
OF INTEREST TO THE CITY COUNCIL
1. Conditionally approved the request of Ronald B. Thomas on behalf of
Arbor Retiranent Center for a Use Permit to construct a 49 -bed
residential care facility on the easterly 126.63 feet of 800 North
Church Street in an area zoned P -D (17), Planned Development District
No. 17.
2. Certified the filing of a Negative Declaration by the Community
Deveiopment Director as adequate enviro+unental documentation on the
above project.
3. By a 3 to 3 vote with Chairman Hoffman absent, denied the request of
Tony Canton on behalf of Bocan Construction for a Zoning Variance
to permit the construction of a non -conforming 16 -unit apartment
house at the site formerly occupied by the Cosmopolitan -Hotel at
100 East Oak Street in an area zoned M -i, Light Industrial.
Elections Code
Section
4002
.Tone 22.,-1-9R3
4006
a
Before circulating an initiative petition in any City, a
Notice of Intent must be published.
Instructions for Publication of initiative petition
Proof of Publication must be submitted to City Clerk
within 10 days after publication
Petitions may not be circulated for 21 days after
publication of Notice of Intention. Each Section of
Petition shall bear a copy of the Notice o Intention
and Statement.
Signatures upon petitions and the petitions with all
sections thereof shall be filed within 180 days from
the date of publication.
The Clerk shall have 30 days from the date of filing to
campare the signatures.
Certified Petitions to Cm=il - Call for measure to be
placed cn ballot.
Order election within 88-103 days.
§ 4001 MUNICIPAL ELECTIONS
Even though piaintifG: original Initiative
petition for councilmanic redistricting or-
dinance contained signatures of 11 per
cent of the voters on filing date. plaintiffs
were not thereby pnveuted from filing a
supplementai petition increasing the nun -
bar of signatures to 16% of the regis-
tered voters and thereby obtain xubmis-
cion of ordinance to voters at a xliecial
election rather than its submission at the
nest regular municipal election. Id.
S. tMlthdrawal of games
City clerk was without authority to
withdraw names or to allow names to be
withdrawn from referendum petition after
It had been filed with him. since the filing
of petition with city clerk was "presenting
it to the legislative body" within meaning
of the referendum act as against conten-
tion that signers of petition had the right
§ 4002. Notice of intent to
Div. 5
to withdraw names until referendum peti-
tion was filed with or presented to city
council. Knowlton v. llesmaih41ch (1939)
Illi P.2d lion. 32 C.A.:'d 419.
Under the city initiative and referendum
statutes, right of signers to withdraw
names from referendum lietition In re-
xtri¢ted to the period beforo the fillug of
the petition with the officer or lolly au-
thorised to receive it. W.
Separate acts of city council relating to
selection of city halt site and coustructior.
of city hail constituted the declaration of
a public purpose and provision for wars
and means of its accomptlrhusent ami was
subject to referendum as an entire set
and it was not necessary that xei►arate
petition be procured for each of the tr,o-
iutions relating to the construction of the
city hall. Id.
dreniate petition; slanshires; publi-
cation; form
Before circulating an Initiative petition in any city, or any peti-
2.;tion relating to the annexation of territory by a city, the consolida-
tion of cities, or the dissolution of a city, the proponents of such mat-
`' ter shall publish a notice of Intention so to do, which notice shall be
accompanied by a written statement not In excess of 500 words, set-
ting forth the reasons for the proposed petition. The notice shall be
signed by at least one, but not more than five, proponents and shall
be In substantially the following form:
Notice of Intent to Circulate Petition
Kotice Is hereby given of the Intention of the persons whose
nares appear hemon of their intention to circulate the petition with -
In the City of for the purpose of _ A
statement of the reasons of the proposed action as contemplated In
said petition Is as follows:
(Added by Stats.1976. c. 248. 1 3.)
Histsrical Notts
Former 110112, enacted by Stats.1961, c. Ity Rtats.lfi67.. a 1148, p. =1. !
23. p. 685, f 400, amended by Stam.lMi. State -SOW, c. 771. p.1551, 13.
c. 11A p.:'•[3'21. f 2. Stats.190. r -.01.
Mee -C.1931).1702 i$tats.19G3J. C. ='6► p
s 1e ! 1. which related tthe same
subjecctt,. wax rrp.ealed by Stats t n amended by Ststs.111M. c. GV_ r. ip, e.
21f�, s 2. :"t Stats.1953, c. 3A P. 155 t 11.
Dmivatiea: Former 14OW1. enacte.l by 00l•L'• 11083d. added State.11M. C. 710.
Btats.1961. c 23, p. Os. 110M. amended I' 2k'W• i 1.
=orals
Bee West's California Code Forms, Elections.
332
Ch. 3
INITIATIVE
§ 4003
Cross References
Anne%ntion of territory, petitions for, gee Government Code f ,t7KX)() rt seq.
Circulrtion of petition, are 1 40Ot; Covrrnnlrnt Cnxlr 1 30114.
h1-11"Oh"lation, see Government Code f 3.07(1(1 rt req.
initintive petition, generally, see 1 4(9)1.
\otier of intention to annex, ser Government Cod" 11 ;.5,111, 3:11 L"
Xotire of petition to con.otidatr, and election, ser (;nvrrnnlrnt C(„le 11 3170.0, 33707,
Peraous nuthorir.ed to circulate petitions, see 11 42.:.5017, 4(X);),
Publication of notice, see If 4003, 4(911.
Niguature, defined, ser Civil Cole 1 lit Cal" of Uivit Pro.•edure 1 i7.
Time for circulating petition, ser 1 400t).
Library References
Municipal Curllora'ions a:=Io8.:1. C.J.H. Municipal Corporations 1 4.%5 et
aro•
Nobs of Deet►loos
IN general 2
Validity 1
1. Validity
The constitutional right to election upon
initiaiive petition is granted under such
procedure as may he prnvidel; by law, an.l
fortner proviaiun of this section proserib.
ins the circulation of petition for disincor.
poration of city within two rears of incor.
poration was not an uneonatitutional
Abridgment of that tight. Ryder r. City
of Lon Altos (1954) 270 1':2d f132. 12."t
C.A'ld 200.
2. In Ieaeral
An unpublished petition cannot quality
ax a petition for recaU of municipal elect -
rd officers. and tiling by clerk of petition
of recall which did not conform to publi.
ration requirements of statutes would be
a useless and idle act, Moore V. City
§ 4003. pubuenuon;
(:ouncil of City of Maywood ( IDN) :53
Cai.Rptr, ft03, 214 C.A.sd M.
Former pru%islon o. this section that no
prti;lon for dislncortwration may he circu.
lnhvl until after expiration of two years
from date of Incorporation prevailed over
Government Code provisions which con-
tained no hinitntion s. to the time for such
an election, and petition for election on
disincorl„,ration, flle/1 within two years of
incorporation, was properly denied. Ry-
der V. City of Los Altos (i1L”) 270 I'.24
:Nx. 125 C..A.241 2".
Provision of FJec.C.1939. l 17(12, pro-
hibiting circulation of petitons for disin-
rerporation of city of sixth class for two
years following illco"ratior wax applica-
hie to petition presented in September.
lAS2, to dlaincorporate sixth class city In.
rolMnted in June. 1932, Bohn V. blayor
and City Council of City of Irontaua
(1963) 2tl t Ptd M 121 C.A.241 637.
A notice of intention and statement as referred to in Section
4002, shall be published or posted or both as follows:
(a) If there is a newspaper of general circulation, as described
In Section 6000 et seq. of the Government Code, adjudicated as such,
said notice mid statement shall be published therein at least once; or
(b) If the petition is to be circulated In a city in which there is
no adjudicated newspaper of general circulation. said notice and
statement shall be published at least once, in a newspaper circulated
within the city and adjudicated as being of general circulation within
the county in which the city Is located and said notice and statement
shall be posted In three (3) public places within the city, which pub -
333
i
1H
4003 MUNICIPAL ELECTIONS Div, b
lie place~ shall be those utilized for the purpose of posting ordinances
as required in Section 36933 of the Government Code; or
(c) If the petition is to be circulated In a city in which there is
no adjudicated newspaper of general circulation, and there is no
newspaper of general circulation adjudicated as such within the coun-
ty, circulated within the city, then the said notice and statement shall
be posted in the manner described in subdivision (b) of this section.
(Added by State.1976, c. 248, $ 3.)
Historical Note
Former 1 4003. enacted by Stats.1961, Elec.C.193t1, 11 1703. 1704 (Stats.11W.
c. A P. M 1 4003„ amended by $tats: a zti, p. 94).
196T. c. 1148. p. 2824. i & which related Po1.C. 1 10&34 added Stats 1!137. c. 71n.
to the same subfect matter. was repealed
by Stats.I&M c. 248. 12. P. 2003' 11.
Derivaties: former 1 400% enacted by
$Nts.1961. c 23. p. 033. 1 4003, amended
by Stats.1907, c. 1148, p. 2W4, I &
Cross References
Newspaper of general circulation,
AdJudication, see Government Code I UO"=
Defintions, Pee Government Code 1i 8000.000&
Notice of intention to circulate. see 14002; -Government Code 13511 L
Publicatim generally. sae Government Code I at" at ee4.
Library Refsrsaoss
htnnicipsl Corporations 4010&& C.J.S. municlpsd Corporations 1465 et
KV-
§ lacca. Proof of publiesOm or posting; fift
Within 10 days after the date of publication or posting, or both,
of the notice of Intention and statement, the proponents shall file a
copy of the notice and statement as published or posted, or both, to-
gether with an affidavit made by a representative of the newspaper
In which the notice was published or, If the notice was posted, by a
voter of the city, certifyinb to the fact of publication or posting.
Such affidavit, together with a copy of the notice of Intention
and statement, shall be filed with the clerk of the legislative body of
the city.
(Added by Stata.1976, c. 848.13.)
Historical Note
Former 140114. formerly 1 400& enact- Former J 40K enacted by Stats.1961,
ed by Stats.1t>81. v. 23. p. t= 14005. re- e. 23. p. 033„ 1 4004. which related to
numbered 1 4004 and amended by State, publication or posting in the abomce of
1967. e. 1148. P. 2824, 1 5; Stats.290. e. a newspaper published In the city, amend -
774. p. 11152. 1 2, was repealed by Stats. ed by Stats.1905, c. 94. p. 10&% 1 1. was
1976, e. 248. 12. repealed by Stats.1907. c. 1148. p. 2824, l
f.
0'A
Ch. 3 INITIATIVE: § 4005
Derivation: F'ortnrr S 4MI. enariec) by
atntx.lml. C. 23, p. (W,. 1 4p(r;r, rrnum-
twrr.i 1 4MI and ntnrwi.Yl by ltntx.1f11ii,
r•. 1146, p '...X_'i. 1 Is; stat t.11rta. c. 7i i.
P. 1552. 12.
Flee.C.19.39. 1 17WO (fitat,.14l31.
Sol).
l"A.C. ; IuCS 1, achlctl
p.�tats.t11;r7, V. 7111,
:itlt;i, � 1.
Forms
tirr West's 1•alifornl:. Ctmir Forms, Faections.
Cross References
Affidavit, d-tinrit. r,re ('otle of Citic 1'nw-t•elure 1 :NM):I.
Clerk, defittrcl, are 11 14, 14(,[11).
F'nlxr rrherns, certifications or affbinsitx by public• c,fficiabi. Pe•• 1 a1Til.
Filing copy id notice• still afficlatit of publi.bing. Per QoVeRlnlent ('ab
,6tieP (.f ititeuliuu to circulrir. Per 1 4fitr.; government Votir 1 ;e11 t.
hill-liention of notice. are 1 4(ri)3,
Library References
Municipal Curporyttions CialOX.;i. C..1.�: Nhtnicil-al Corporations 1 43.1 et
Prq.
4005. circulation of petition
Twenty-one days after the publication or posting or both of the
notice of intention and statement, the petition may be circulated
among the voters of the city for signatures by any registered voter of
the city. Each section of the petition shall bear a copy of the notice
of intention and statement.
( Added by Stats. 1976. c. 248. § 3.)
Historical Note
Fortner 1 40(771 formerly 1 41Kefi tnactecl
1961. C. 23, la 635. 1 44KX% rettuntberetl 1
4(K* anti atnendeil by :itot,,.11K17. c. 114X.
P. 2tt?b, 1 (11, which related to cin-ulation
Of the petition, was repealed by *ct-stx.
1976, r. 24.% 1:.
Original' 1 40(15, which related to proof
Of pttblicatiolt or lwxting. enacted by
5tata.11ttil,
C. 2- , 1+, twW. 1 40D4. was rr-
nuntbered 1 4004 and atnetxled by Stats.
11167. C. 1143. Is. 2&4, 15.
Derivation: Former 1 4(K16. enacted by
Wntn.111(il, r. 23. it. 113:1, 1 411D6, rennnr.
brrttl 1 4titi aotl amended by Stata,11K67.
C. 11 iR, p. 2182. 1 6.
Fire -CAM. 1 1706 (Ctats.11139. c. 20. to.
1").
i101.C:. 1 IO,K,'GI. Ott&, added Stntx.ill 7, V.
111), Is. _9)13, 1 1.
Fortes
See W rat's California Cale Formn, rSections.
Cross References
Circulation of petition for annexation, are t:overnnlent (:ode 1 X3114,
Virculation of petition for charter atnendtnent, see 1 4(1X:[_
llexign of aretions of t•etitiou, %re 1 .1.111.
False or ineligible signxturen on petition. Per rt a y.
itnproper payments to present petition eircetlation and filinr;, err 1 wfl:4n et stq.
Improper signature gatitering tactics, Pre 1 '.lint) et xeq,
irhtuae of aignaturrx on petition. nee 1 ='A770,
Notice of intention to cirrulate. see 1 400--. Government Code 1 till 1.
335
� V _
t,
Ci
§ 4005 MUNICIPAL ELECTIONS Div. 5
Ch. s
\otice of petition to consolidate and election. see Coverneient Code 138706.
Pt
Persons authorised to circulate petitions, see I1 42, 351T.
in
Petition,
F. In Oil
Persona authorised to sign, stn 1351%
Petitk
Publkiation generally, see Government Cate 1 WOO .t sell."
Publication or posting of notice, see 11 4003. 4001.
Wi
Signature. defined, see Civil Code 1 la; Code of Civil Procedure 1 17.
sntticietr
Signing petitions ami iwpers, persons authorised, rtriflestion. see 41.
ttrtd ei
'rhresti sad theft to prevent petition circulation and ailing, see 20750 et sea.
tion Wei
Time for obtaining signatures, see 1 400%
of lachc
Withdrawal of name from petition, see 15352.
averse
Library References
constrw
golf cal
Municipal Corporations 4-108.3. C.J.B. %lunlcipal Corporations 1 465 et
relief k
them e
�.
§ 4006. Time litnit; %a wity
§ 4C
Signatures upon petitions and sections thereof shall be smved,
I
and the petition, together with all sections thereof, shall be filed
son sl
within 180 days from the date of publication t r posting or both of the
the se
notice of intention and statement, or in the case of a petition relating
to the annexation of territory to u,v city, within 180 days of the date
(Adds
on which the first signature was affixed to said petition. If such pe-
titions are not filed within the time permitted by this section, the
Yom
same shall be void for all purposes,
fidavit
(Added by Stats. 1976, c. 248, 13.)
enable
4006,
2_230.
Historical Note
td by
Yormer 14006. formerly 14007 enacted Derivation: Former 14007. enacted ,by
VMS r
Oris
by Stats.1961. G 28. p. 033. 1 4007. re- Stats.11161. c. 23, p. 038. 1 4007. reaum-
Halt.
lt.
numbered 1 4006 and amended by Stats. bored 1 4006 sad amended by Stats.1967.
ed by I
IMT, e. 1148, p. 282b, 1 T. which related a 248. 12.
to tills time lltdt for circulating the Votl. Menial 89. 11707 (stats.1930. r. M P.
tim wan repealed by Stats.197% a 2t& 1 041.
Ortginsd 1 4008. which specified V11011%Pol.C. 1 108Kadded 8tats.293T. e. T19.
P. ' 11.
gee a
the Circulation of the petition could start.
was renumbered 1 4005 and amended by
Stats.1967, c.1148. p. 2825.18.
AWA
Cwsa Refsrettoes
Ci
Affidavits of circulators. see I1 44. x;19.4007.
Fs
Ila
Analysis of city measure. see 15011.
Pt
ArgumissiM authority to flle. ace 14015.
in
Arguments eca trainr city messurea, see 15014 at sea.
Yt
Computation of time. nes (loverameat Code I am at sea.
Filing petitions to defeat an initiative or referendum, offerer. see 12 i00.
Notice of intention to,
Arwm we government Code 1 33111.
Cirealate. see 14002.
Publication of aotks, see if 4003.4004.
In
ffigulaff petitions and papers, persons authorised. verification, see 141.
Withdrawal of same from petition. see 153b2.
Library Reforeaces
Mnskdpal Corpom ions 40206.8. C.J.S. Municipal Corporations 1 455 at
4008 MUNICIPAL ELECTIONS Div. 5
2. Correetiou of mistake tition related back to date of original cer-
Action of mauk4pal clerk in correcting tification. Treman T. Royer (1961) 11
mistake in certification of referendum pe- Cal.Rptr. 159, 189 C.A.2d 240.
4009. Examination of petition; sipsi<tures; preservation
After the petition has been filed, as herein provided, the clerk
shall examine the petition in the same manner as are county peti-
tions in accordance with Sections 3707 and 3708 except that, for the
purposes of this section, references to the board of supervisors shall
be treated as references to the legislative body of the city.
The petition shall be preserved by the city clerk In the same
manner as are county measures as set forth In Section 3756.
(Added by Stats.19'16, c. 24.8, j 3.)
Miatorleal Nob
Former 1 4000, added by Stats -1067. e. p. 633.1 4008. was renumbered section
1148. p. 28M 1 10. amended by State. 4008 and amended by Stats.1967. G 1148,
1989. c. W. P. 1879.1 5. relating to ex. p. 2Mk I P.
aminatioo of signatures and addresses on Derivation: lrormer 1 4000. added by
petition- was "Pealed by Ststs.1976, G stats.1967. e. 1148. p. 2826. 10. amended
249.12.
Original 1 4090, which required the by Stats.1969. C. IMO. P. 1879.1 tf.
clerk to examine the petition and certify Former 14000-1. added by ButaAW. e.
bin ftndiags. enacted by Stats.1 M. t 23. 1148. P. 2826. 1 II.
Clark defined. see 11 14. 14000.
Fabs affidavits concerning peddorA6 see 1 20780.
Feb* or ineligible signatures on penton. "a 1 20730 at a".
Fabe returns. certifications or affidavits by pabtk omde* aN 129781.
Fil at petitions to defeat an initlatin or referead"S. offease. K,! 1 29790.
Legislative body. defined. "a Government Code 131000.
WNW of signatures oo petition. ane 120770.
Petitions not public records. restrictions on usmiaatioa, see Oov*rameot Code 1 Gla.
Ittgaatum deftaed. see Civil CAxk 114; Cols of Civil Procedure 117.
Withdrawal of same frau petition. we 1 5382.
LIbmM Refemem
MaaJdpal corporations 0=108.3. C.J.S. Municipal {orporadms f 495 tt
$$ 009.19 400G.2. Repetaw by stats me e. u& 12
Mtslerkai N�.te
The "pealed aectiona. added by Stats. blativ* body and proposeate. bot V the
1967. e. 1148, p. 21tL6, 11 11. 12. amen ded petition were (nsuflldaat. VWkMVhioo was
by Stats.19W. e. 940. p. 1878. 11 6. T. re- made for a sagabasentary pedt' s pr'om-
quired the clerk to complete examination dare. ltee. now. 14009.
.dthin 3D dam certify the results to let -
4010. m astum for slubmittal at special ebeaoe
It the initiative petition is signed by not kiss than 16 percent of
Ow voters of the city according to the county clerk's last official re
. - Ti7i • .
.T'nin 22. 1983
4006
4009
July 3. 19b3_
Meeting
E
N 6x 8, 1983 Special Election
Before circulating an initiative petit4on in any City,
Notice of Intentinust be published.
Instructions for Publication of initiative petition
Proof of Publication must be submitted to City Clerk
within 10 days after publication
Petitions may not be circulated for 21 days after
publication of Notice of Intention. Each Section of
Petition shall bear a copy of the Nota e o Intention
and Statement.
Signatures upon petitions and the petitions with all
sections thereof shall be filed within 180 days from
the date of publication.
The Clerk shall have 30 days frau the date of filing to
compare the signatures.
Certified Petitions to CourvAl - Call for measure to be
placed on ballot.
Order election within 88-103 days.
3 4WI MUNICIPAL ELECTIC'NS
Even though plaintiffs' original Initiative
petition for councilmanie redistricting or-
dinance contained signatures of 11 per
Mat of the voters on filiL,r date, p)a:atiffs
were not thereby prevented from filing it
supplemental petition increasing the nutn-
her of signatures to 10% of the regis-
tered voters and thereby obtain submit"
Sion of ordinance to voters at a special
election rather than Its submission at the
nest regular municipal ei-etion. IJ.
b. Witurawal of names
City cleric was witFout authority to
withdraw names or to allow ustmea to be
withdrawn froth referendum petition aftrr
it had been filed with him, since the filing
of petition with city clerk was '•prestnting
It to the legislative body" within meaning
of tam referearium Oct as against conten•
tion that signers of petition had the right
Div. 5
to withdraw names until refc,.ndum peti-
tion was filed with or presented to city
council. Knowlton v. llezatalhalch (1939)
SV 11.2d 1109. R? C.A ^d 419.
Under the city initiative and referendum
atatutes, right of signers to withdraw
untnes from referendurn petition Is re-
striete+l to the period before the riling of
the petition with ti -e officer or body au-
thorized to receive it. Id.
Stepsrate acts of city council relating to
selection of city halt site and construction
Of city hall constituted 0.e declaration of
a public purpose and provision for ways
and mean% of its accomplishment and was
subject to referendum as an entire act
and it was not necessary that separate
petition It procured for each of the reso-
lutions relating to the construction of the
city hall. Id.
3 4W2. Notloe of Intent to circulate petition; signatures; publi-
cation; form
Before circulating an initiative petition In any city, or any peti-
'tion relating to the annexation of territory by a city, the comilda-
' tion of cities, or the dissolution of a city, the proponents of 1tt.%ch mat-
ter shall publish a notice of intention so to do. which notice shall be
accompanied by a written statement not in excess of 5W word, set-
ting forth the reasons for the proposed petition. The notice shall be
signed by at least one, but not more than five, proponents and shall
be In substantially the following forn►:
Notice of Intent to Circulate Petition
Notice is hereby given of the intention of the persons whose
r names appear hereon of their intention to circulate the petition with-
in the City of for the purpose of A
statement of the reasons of thero
p posed action as contemplated in
said petition =s as follows;
(Added by 8tats,l9?Rc. c. 24;. 13.)
Historical Note
nrmer ! 40M enacted by Stats.1961. c, by Stats.195T, e. 2148, p. 201. 1 2;
Zit, P. m i 40m atoewt.I by stata.196Y. stats.19ti9, e. 774. p.1351. S L
c. 1148. p. 21934. t 2; Stata.19011. e. 774. nec c.1m, 11702 (Stato.19A C. 2& P.
;t. 2531. 1 1. which related to the same A3, amended by Stats.100. C. I=. P•
subject. was repealed by Sttats.111i0, V.
24$ 12. 19W.tttats,193$. rA 314 P. 1011,1 1).
Derivation: Pursuer 1 4002. enactedbS id'l'y' $ 1083d. edded Stats.111ST. C. T10.
Stats.M. c 23. p. OM. 1 4002, amended i 2tM 11.
Forms
Sea West's California Code rorms. Elect:..«..
M
in
Ch. 3 INITIATIVE § 4003
Cross References
Annerstion of territory, petitions fur, nee Go%erninent Code I ;i7") et seq.
('in ulntion of petition, Pre 1 400:.; Government Code 135114.
('onsolillilt ion. Pre Government Cate f 3:,7(X) et seq.
Initiative petition, generally. Pee 1 4001.
-N4ti4e of intention to nnnex, see Government (""le 4; -5111.3:,11_'.
\otu•e of petition to eonPo'idate. anti "'((ion. Pre (,overnnient ('o4le if 357(Ki. 3..1 07.
Person% authorized to cirrtilate petitioma, see ¢l 42. 3517. 4W.,.
I'ut.lirstion of notliw, see it .1(103. 4(N)4.
tisnattire, defined. are ('tvnl Code } la; C0,1v of Civil Procedure 1 17.
Time for circulating petition, see i 4(X)(1.
Library References
Municipal Corliorationn c=1ov.3. (`.J. -S. Nitinicipal Corporations 1 45,1) et
seq.
Notes of Decisions
In general 2
Validity I
I. Validity
The constitutional right to election 11l.on
initiative petition is ltranttrl ander such
procedure as may be l/rovida•i by law, ain't
former provision of thin sertioa promeril,-
ing the cirvulntion of potitio,, for dinincor-
Ioratlon of city within two yearn of incor•
poration was not an uuconstit+itional
shridginrt,t of that right. Itytler v. (,it) -
of l.os Altos (Illi") 7.10 11.201 :132. 12i
C.A _'d 200.
2. In general
An unpubtislicd petition cannot qualify
as a petition "or recall of municipal ekct-
ed offiverx. and filins by clerk of petition
of recall which did not conform to publi.
cation requirements of statutes would be
a usrle" and Rile act, Moore v. City
§ 4003. 1Pu,b mtio ; posting
('011114"' of City of %Iaywooti (11W) 53
('nl.Riot r. fl03. 241 C.A.2d &1'3.
Fortner provision of this section that no
Petition for disincorporation may be circu-
lated until niter expiration of two years
f rotn date of incorporation prevailed over
Grvernmrnt Cale proviatons which coa►-
tained no limitation as to the time for su.,h
An rtr4tion. Raid petition for election opt
dinincorporation. filed within two yearn of
inc0rlioration. was pro1wrly denied. Hy-
a-- City of Los Altos (1951) 270 1'.2d
IZ, C.A.2d 1200.
f'rorision of F.Iec.C.l83i1, 1 1702, pro-
hil.iting circulation of petitons for disin-
ct:rporation of city of sixth clau for two
)%-ars following incorporation was applica-
ble to petition presented in $epteuther.
19."1, to disimcorporste sixth class city id-
coptorated in June, 183'3. Bohn v. Mayor
and City Council of City of Fontana
(1933) 283 P -2d M 121 C.A.2d 837.
A notice of intention and statement as referred to in Section
4002, shall be published or posted or both as follows:
(a) If there is a newspaper of general circulation, as described
in Section 6000 et seq. of the Government Code, adjudicated as such,
said notice and statement shall be published therein at least once; or
(b) If the petition is to be circulated in a city ire which tLere is
no adjudicated newspaper of general circulation, said notice and
statement shall be published at least once, in a newspaper circulated
within the city and adjudicated as being of general circulation within
the county in which the city is located and said notice and statement
shall be posted In three (;t) public places within the city, which pub -
333
§ 4003 MUNICIPAL ELECTIONS Div. 5
lic places shall be those utilized for the purpose of posting ordinances
as required in Section 36933 of the Government Code; or
(c) If the petition is to be circulated In a city in which there is
no adjudicated newspaper of general circulation, and there is no
newspaper of genera'_ circulation adjudicated as such within the coun-
ty, circulated within the city, then the said notice and statement shall
be posted in the manner described in subdivision (b) of this section.
(Added by Stats.1976, c. 248. § 3.)
Historical Note
Former 1 4003. enacted by Stats.1961. Elec.C.1939, f1 170.3, 1704 (Stats.1939,
e. 23, p. 634. 1 4003, amended by Stats. c 26, p. tri).
19417, e. 1148, p. 2824. 1 3, which related
to the same sub)aei matter. was repealed Po1.C. 10834, added .�ttats.Y03i, c. 73 9.
by Stats.1976. c. 248, 12. p. 2Ca3,1 1.
Derivation: Former 1 4003, enacted by
Stats.1961. e. 23, p. 6844. 1 4003. amended
by Stats.1967, c. 1148, ;,, :Ur -14, 13.
Cress References
Newspaper of gen-:ral circulation.
Adjudication. nee Government Cale C 6023.
Defintions, see Government Code If 0000, 600..
Notice of intention to circulate, ace 1 4000. Government Code 1 35111.
Puolicatlon, generally. "*'Government Code 1 6000 et seq.
Library References
Municipal Corporations 4=108.3. C.J.& Municipal Corporatlow 1 455 at
seq.
§ 4004. Proof of publication or posting; Mug
Within 10 days after the date of publication, or posting, or both,
of the notice of intention and statement, the proponents shall fife a
copy of the notice and statement as published or posted, or both, to-
gether with an affidavit made by a representative of the newspaper
In which the notice was published or, if the notice was posted, by a
voter of the city, certifying to the fact of publication or posting.
Such affidavit, together with a copy of the notice of Intention
and statement, shall be filed with the clerk of the legislative body of
the city.
(Added by Stats.1976, c. 248, f 3.)
Historical Note
Former 1 4004; formerly 1 4005, enact. Former 1 ROd, enacted by Stats.1981,
ed by Stats.196L e. 23, p. 6&% 14005. re- c. 23. p. 685. 1 4004. which related to
numbered 1 4004 and amended by Stats. 1,uhlication or posting is the absence of
1967. c. 1148, V. 2824. 15. Scats.1969. e. newspaper published In the city, amend-
774. p. 1552. 1 2. was repealed b) Stats. ed by `itats.1963, c 94. R 1035, 1 1. was
1976, c. 24$ 12, repealed by Stsis.1967, e. 1148, V. 2824. 1
4.
kT
Ch. 3 INiTIA,rivE § 4005
Derivation: Former i 4tx►7., enurt.d by ia.�.t'.ihi!► p 17tt'. (�tnix.lh;�l1,,•,:'(; {,,
Stnts.111(11, v. 23. p, (11a, 1 Kw).% renunt- Ut1.
brrr.l 1 40111 sed ntnrudr.l ly Stilt A.UNIT.
r. 1148, p. 2S21. 1 :�: �ints.ttl(1►. c, 774. Pol.(' 1 1(t�3.1, n•Ided Stnts.11137, r. 711►.
p. 15;12. 12.
Forms
Mire Wrrt's California Co.lr Fortes. Flertionr.
Cross References
Affida%it, drfinrd, ser ('u.le of ('itit Proc.•tlure 1
Cirrk, defined, se.- 11 14, 1.111)(10.
False rrtnrns, certifirstions or affidavits by I -Mir officials. xrr 1 297,M.
Piling coley of noti.•r, laid affidnvit of pillli-hiug, ser (:nvrrt'ulrnt etNlr
-Notice of intentiun tocirculute, see I •I(Nr_; (:olrn,tnrnt 1,'air 1 :iLill.
I'uMirntion of native, see 1 4(KYI.
Library References
Municipal Corporntions 4t�-l().S.3. C..1:�. \lt.nicipal ('orporntions 1 455 rt
seq.
4005. Circulation of petition
Twenty-one days after the publication or posting or both of the
notice of intention and statement, the petition may be circulated
among; the voter's of the city for signatures by any registered voter of
the city. Each section of the petition shall bear a copy of the notice
of intention and statement.
(Added by Stat..t97G. c. 248. § a.)
Historical Note
Fortner 1 1(M►.i, formerly 140()fi enacted Derivation: Fortner 1 4(MM1. reacted I,y
1961. e. 2:1. p, tM. 14(1(Xk reusainherrtt 1 "tats.111411. c. 2.1; it. ("*1. 1 40011, re -nun,
4(Wi a1Nl amendrd by 1ttnts.I9o7, c. 1148, tined I 4tNt7j and wtmndetl h1• X1sts.iIM7.
P- 2KM- 1 (l, which related to circulation r. 11 Is. p.'=`
of the petition, was repraletl hr Stats.
11178, c. 210 12. Elec.C.1039. 1 17011 IKtats.11119, r. 2f% p.
A1).
Original 1 4(103- which related to proof
of publication of postins. enartrtl rola'. 1 tilg,ltl, fit h, added Ktnts.11► ?, c.
St4ts.10611. C. 23. P. KP. 1 4004. was re -
hr
aumbead 1 4001 and atuendetl by Stats.
1967. G 114:8. p. ZM-14. I :i.
Forms
Fce W CBI's Catifonun Code 1' osma. FleetionB.
Cross References
Cirrulation of .itetition for annrsation, see F.overment rode 1371111.
Circulation of petition for charter amendment, see 1 4(0co.
Iksi{,nt of sections of petition. see I3MIM
[False or ineligible xismatures on petition, seer 1 229130 et seq.
Improper payments 10 prevent petition circulation and filing, see 1 2—)(40 et seq.
Int{troprr slgantnre gathering tactics. see 1 297;N) et %eq.
Misuse of signatures on petition, see 12M7(1.
Notice of intention to circulate, see 1413..1.'; Gov<rurnent Cotie 133111.
335
§ 4005
MUNICIPAL ELECTIONS
Notice of petition to consolidate r. A election, see Government Code § 35706.
Persons authorized to circulate petitions see §§ 42, 3517.
Petition,
Persons authorized to sign, see 13516.
Publication generally, see Government Code § G000 et seq.
Publication or posting of notice, nee if 4003, 4(X)4.
Signature., defined, see Civil ('ode 1 1 t. Cole of Civil Procedure 1 17.
Signing petitions and papers, persons authorized. verification, see 141.
Threats and theft to prevent petition circulation and filing, see 29750 et seq.
Time for obtaining signatures, see 1 4008.
Withdrawal of name from petition, see § 5352.
Div. 5
Library References
Municipal Corporations 6-108.3. C.3.8. Municipal Corporations 1 435 et
seq.
§ 4006. Time limit; validity
Signatures upon petitions and sections thereof shall be secured,
and the petition, together with all sections thereof, shall be filed
within 190 days from the date of publication or posting or both of the
notice of intention and statement, or in the case of a petition relating
to the annexation of territory to the city, within 180 days of the date
on which the first signature was affixed to said petition. If such pe-
titions are not tiled within the time permitted by this section, the
same shall be void for all purposes.
(Added by Stats.1976, c. 248. § 3.)
Historical Note
Former 1 4006, formerly 1 4007 enacted
Derivation: Former 1 4M. enacted by
by Stats.1961, c. 23, p. 833, 1 407. re-
Stats.1961. e. 23, p. 63.5, 1 4007. renum.
numbered 1 4006 and amenacd by Stats.
bered 1 4006 and amended by Statn.1967,
1967, c. 1148. p. 2M 1 7, which related
c. 248, 1 2.
to the time limit for circulating the yeti-
tion. was repealed by Stats.1976, e. 248, 1
i;Iec,C.l9.3ii, 1 1707 (Stats.lfw, C. 26, y.
2.
91 t
Original 1 4006, which specified when
Pol.C. 1 10834, added Stats.1937. c. 719,
the circulation of the petition could start,
P. 2W3' 11.
was renumM-red 1 4005 and amended by
Stats.1967, c. 1148, p. 28Z, 16.
,w ,
Cass References
Affidavits of circulators, see 1144, 3519. 4007.
Analysis of city measure, see 15011.
Arguments. authority to file, see 14015.
Ar, aments concerning city m^asnres. see 15012 c see.
Computation of time. see Government Code § 6800 et seq.
Filing petitions to defeat an initiative or referendum, offense, see 129790.
Notice of intention to.
Annex, see Government (lode 135-111.
Circulate, see 1 4002
Pubtksti'^ of notice, see 114003. 4001.
M.-ning petitions and papers. persons authorized, verification, see 141.
Withdrawal of name from petition. see 1 5352.
Library References
Municipal Corpomdons C-106.3. C.J.S. Municipal Corporations 1 455 et
seq.
Ch. 3
manding r^" •;,
petition
=i -��
nu( f ir►en
ter ed v
tion we
of he
reverse
conSte
-'x`•
golt cot
relief b�
there
,w ,
�h'
son sow
the sa
r.'.
(Addey
f1darit
eaarted
40D8, a
2230, 1
ed by
was re
Origfi
lltnit, s
ed by It
Ree «'t
Affmat
A4fmat
(Irmla
False t
Initial]
Parses
SigtilaI
Voter,
scop
in CRU
§ 4008 MUNICIPAL ELECTIONS Div. 5
2. Correction of mistake tition related back to date of original c^.r.
Action of municipal clerk in correcting tificaticn. Truman V. Royer (1961) 11
mistake in certification of referendum pe- Cal.Rptr. 159, 189 C.A.2d 240.
§ 4009. Examination of petition; signatures; preservation
After the petition has been filed, as herein provided, the clerk
shall examine the petition in the same manner as are county peti-
tions in accordance with Sections 3707 and 3708 except that, for the
purposes of this section, references to the board of supervisors shall
be treated as references to the legislative body of the city.
The petition shall be preserved by the city clerk in the same
manner as are county measures as set forth in Section 3756.
(Added by Stats. 1976, e. 248, 13.)
Historical Mote
Former 1 4000, added by Ststa.196:, C.
1145. P. 28M 1 10, amended by Stats.
1960, c. 940, p. 1879. 1 5. relating to ex-
amination of signatures and addresses on
petition, was repealed by Stats.1976, c.
248.12.
Original 1 4000, which required the
clerk to examine the petitloa and certify
his findings, enacted by Stats.1961. c. 23.
p. 035. 1 4009, was renumbered rection
4008 and amended by Stats.1067. c. 1148,
p.:'=. 0 9.
Derivation: Former 1 4000. added by
Stats.1967. c. 1148, P. 2826, 1 10, amended
by Stats.1969, c. W. P. 1879, 15.
Former 14000.1, added by Stats.1907, e.
1148, p. 2826. I I1.
Cress Refm on
Clerk, defined, see 1114. 14000.
False affidavits concerning petitions, see 129780.
False or ineligible signatures on petition, see 129730 et seq.
False returns, certifications or affidavits by public officials, see 129781.
Filing petitions to defeat an initiative or referendum, offense, see 129790,
Legislative body, defined. see Government Code 1 34000.
Misuse of signatures on petition, we 129770,
Petitions not public records, restrictions on examination, see Government Code 18.158.6.
Signature, defined, see Civil Code 1 14. Code of Civil Procedure 117.
Withdrawal of name from ,petition, see 1 5352.
Library Reforest"
Municipal Corporations 6 --*10&& CJX Municipal Corporations I = at
0041•
§§ 4009.1, 4009.2. Repeated by Stats.1976, e. 248,12
Historical Nota
The repealed sections, added by Stats, ialative body and proponents, but it the
1967. e. 1148, p. 2826. 11 11. lY, amended petition were Insufficient. provision was
by Stats.1969. c. W. p. 1878. 11 6. 7, re- made for a supplementary petition proce-
quired the clerk to complete examination dure. See. now, 14000.
within AO days, certify the results to leg.
r`
§ 4010. Signatures for submittal at special ejection
If the ir,Itiative petition is signed by not less than 15 percent of
the voters of the city according to the county clerk's last official re -
340