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AgdaPkt 2008-07-07 Clsd and Reg
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AgdaPkt 2008-07-07 Clsd and Reg
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Last modified
12/11/2008 4:43:45 PM
Creation date
7/3/2008 3:10:14 PM
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CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
7/7/2008
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<br />78 <br />Page 2 <br /> <br />The precise question raised here was resolved in Howard JafVis Taxpayers Association <br />v. City of San Diego (2004) 120 Cal.App.4lh 374. In that case, proponents qualified an <br />initiative that would have amended the city charter to require two-thirds voter approval <br />for new city general taxes or increase to those taxes. San Diego placed a counter <br />initiative on the same ballot requiring that the tax measure be approved by a two-thirds <br />vote. Both measures passed but the tax measure failed to receive two-thirds voter <br />approval. As a result, the City contended that the measure failed. In reviewing these <br />facts, the court held that the City's initiative requiring the tax measure to be approved by <br />a two-thirds vote was unconstitutional because it violated the constitutional provision <br />that charter amendments be approved by a majority vote: "[W]e conclude the provisions <br />of Proposition F requiring that certain amendments to the charter be approved by a <br />supermajority vote of the city's electorate conflict with the California Constitution." (120 <br />Cal.App.4lh at 385.) As a result, those provisions "cannot be enforced." (/d. at 386.) <br /> <br />Therefore, a counter initiative requiring the proposed Charter amendment initiative to <br />pass by a two-thirds vote would be ineffective. <br /> <br />B. Withdrawal of the Charter Initiative <br /> <br />At the June 30 meeting, the question arose whether proponents could withdraw their <br />initiative as part of an agreement to support an initiative placed on the ballot by City <br />Council. Under state law, an initiative may not be withdrawn, even if proponents so <br />desire, once it has been submitted to the City for verification. Elections Code section <br />9604 states in relevant part: <br /> <br />Notwithstanding any other provision of law, any person may engage in <br />good faith bargaining between competing interests to secure legislative <br />approval of matters embraced in a state or local initiative or referendum <br />measure, and the proponents may, as a result of these negotiations, <br />withdraw the measure at any time before filing the petition with the <br />appropriate elections official. <br /> <br />(Emphasis added.) <br /> <br />Thus, an initiative effort can be aborted before the initiative is submitted to the City, but <br />not after. Once proponents have filed the petition with the City for verification it no <br />longer is theirs to control, and the matter must go on the ballot even if proponents no <br />longer desire a vote. Here, proponents have already submitted the initiative to the City <br />and they therefore cannot withdraw it. <br /> <br />C. The Effect of Competina Initiatives <br /> <br />If two or more initiatives conflict and appear on the same ballot. the initiative that <br />receives the highest vote prevails over the other initiative. (Cal. Const., art. II, 9 10; see <br />also Elec. Code, 9 9221 ["[I]f the provisions of two or more ordinances adopted at the <br />same election conflict, the ordinance receiving the highest number of affirmative votes <br />shall controI.1.) <br /> <br />2 <br />
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