HomeMy WebLinkAbout0157.091~.
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February 14, 1991
THE HONORABLE CITY COUNCIL
Palo Alto r C~litornia
CBNlTIll ,vQDJI.ER'l8 8X I:NI'1'IATIVlS -SB 27 (Iopp)
Members of the council!
Report in Brief
2
The Council is requested to oppose SB ~7, Senator QUentin Kopp's
proposed leqialation, 'Which would substantially ease the ability to
amend city charters by initiative~
BaclCarQUnd
Senate Bill 27 seeks to ease the ability ~ith ~bich city charters
can be changed by initiative. It would change the petition
signature formula from one based on -reqistered voters" to or:e
based on ·votes cast~·
Under existing law, in order to qualify, an initiative amendment
petition Rust be siqned by 15 percent of the registered voters of
~ city. senate Bill 21 would chanqe the qualifier from 15 percent
of the reqistered voters to 15 percent of the votes cast for all
candidates for Governor in the last qeneral election.
This bill sets a separate formula for the city and County of San
Francisco, basing it on 10 percent of the votes cast for Governor
in the last qeneral election.
Palo Alto's 1990 general election fiqures help to demonstrate the
reduction of signatures that SB 2~ would require of petitions that
seek to chanqe the City's charter~
1990 PALO AL'rO GPIIIRAL lOLBC'lIOIl llA'l'A
RegiBtered voters: )8,674
Votes ~ast for all candidates for Gov~rnor: 26,555 '69%)
Existing fOrmula
15' of -registered voters· or 38,674 5,801
proposed fOr1!!.ula
151 of ·votes cast-or 26,S5~ 3,983
CKR:157:91
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Paqe Two
Under existing law, a petition that endeavors to change Palo Alto's
charter yould require 5,801 valid si~atures to qualify fer
placeaent on the ballot. The formula proposed by SB 27 would
.. rely require 3 1 '.' signatures~
Proponents of this bill arque that SB 27 ~ould drastically reduce
the number of signatures tbeir orqanizatior.s 'Would need to obtain
in order to qualify ~ charter amendment measure for the ballot.
Opponents ot SB 27 arque that chan9inq a city's charter [the basic
legal framework) is a seriouG &n~ tar r~ac~inq matter which should
not be undertaken lightly. They stress that 15 percent of ·votes
c.st-does not constitute a reasonable voice ot public support,
especially in thia era of declining voter turnout and paid
8,iqnature. qatherers. opponents say that our recent statewide
experience with the initiative process should be evidence encugh l!S
to haw easily the system can be abused.
Senate Bill 27 was introduced en December 3, 1990, and was assigned
to the Senate Elections Committee on January 11,-1991. No hearings
have been scheduled to date.
BepQJQIendation
statf recomaends that the Council oppose SB 27. city charters are
criticial inst.rwaents which should not bs easily chanqed. This
legislation does nothinq to strengthen local qovernment and could
.Ubject the City to poorly thO\l.ght out and ill-conceived proposals.
Respectfully submitted,
J;1t~
A tachaent' SB 27
CHR:157:91
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SENATEBILL No. 27
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, "" lnlrodueed by Se"at .... Kopp
. December 3, 1990
An act to unend Section 4OeO of Ibe Elections Code,
relating to ~ .
• i"· LEGlSLAnvE OOljNSELli DiGEST
SB rT, .. In~ Kopp. Charters; cities and counties.
Existing law requires that a proposal to amend or repeal a
city charter, or & city and county cbarter whlch is pcopooed by
• peb1ion i"! oigDed by .15% 0< 10% of 1bE' registerE'd voters
of the elly 0< cUy and county, respectively. It require. that the
total number of registered voters of the city be detenninE'd
acc<>rding to the county, clerk', ·last ,official report of
regiJtration to the Secretary of State. ' .
,This bill wouI4.deIete 1biJ,latter requirement, and would
iDJteod require that each such proposal be signed by
reglstered voterJ of the city 01' city and county equal to 15 %
or 10% of the total number of votes cast in Ibe city 01' city and
coun~vely, for all candid.tea for Covernor at the
last g election at which a ~mor WaJ elected.
Vole: m¥>n'ty. Appropriation: no. FISColI ,committee: no.
State-manA,ted local program:: no., I. ' • >,' -, t_, -•
The peopk of the SbJte of Californj., do enact as follows:
1 SEC110N 1. Section 4OIlO of Ibe Elections Code is
2 amended to read:
3 4080. (a) The following city or city and county
• cbarter propooals ohaIl be; subnu,tE'd to the voter' at
11 either. special election called for tbat purpose, at any
6 estaNiahed municipal election date, or at any e,tablishE'd
7 eleetioa date pursuant to Seetion 2500, pcovided Ibat
8 there ore at least 88 day. before Ibe election,
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sa )l1 -2-....
1 (I) A charter pcoposed by • charter comrniBsion,
2 wbether electE'd or appointE'd by a governing body. A
3 chOlter commlJsion may also submit • charter punuant
4 to Seetion 3445.5 of the Government Code.
1) (2) An BlDeOOment or repeal of. chwter pcopooed by
6 the governing body of a city Ql' a city and county on its
7 own motion.
8 (3) An amendment or repeal of • city charter
9 pcoposed by a petiton signed by ~ pe •• en! ef the
10 .e8 .. le •• <I _ ef!he ~ registered YOten of the city
11 equa1 in nwnber to 15 percent 01 the tom} lIumber 01
12 votes clllt in the city for all candidat .... for Governor at the
13 last general election at wr.ich a Governor was elecled.
14 (4) An amendment oc repeal of • city and county
III cbarter pcopcsed by a petition signE'd by ill ,.nw! efthe
16 .eg;.I •• ed __ ef the ~ """ eeomI!y registered voIen;
17 01 the city and county equal in number to 10 percent of
HI the toW nlLonber 01 votes csst in the city and county for
19 a11 candidates for Governor at the last gene.aJ eJection at
20 whicb B Governor was elected.
21 (5) A recodification of the cbarter proposed by the
22 governing body on its own motion, provided Ibat the
23 recodiflCation does not, in any manner. substanti9lly
24 change the pcovisions of Ibe chBIter.
25 (b) Charter pcoposals by the governing body and
26 cbart... pcoposals by petition of the voters may be
27 ..,bmittE'd at the same election.
28 ~ ~tetelBdtMei efregti9teled¥etefteEthefttyer
29 ~ etttI ~ thaIIlte 8eiCf'tRiBeEl 8l!!ee.mftg te ~
30 ~ eIePIH !tit eIM;eI repeft eE "gist! alj811 te the
31 Seerdtlt) eE ~
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