WE CARE-SANTA PAULA v. Herrera

Opinion

GILBERT, P. J.

A city clerk rejected an initiative petition for failure to comply with Elections Code section 9201, requiring an initiative petition to contain the “text of the measure” proposed for enactment.

1

Proponents of the initiative petitioned for a writ of mandate. The trial court denied the writ. We conclude that the initiative petition complies with section 9201, and reverse.

FACTS AND PROCEDURE

We Care—Santa Paula (We Care), an unincorporated association, is the sponsor of a proposed initiative to amend the general plan of the City of Santa Paula.

The text of the proposed initiative provides in part: “A. This initiative hereby

Amends

the General Plan Land Use Element adopted on or about

[389]

April 13, 1998, and as amended thereafter, to require any future amendment to the general plan land use element involving a development, proposed development, or land use designation, which would have the effect of increasing the density as currently reflected in the land use element on a gross of 81 or more acres, to be approved by a majority of the voters at a general or special election, [f] B. Until December 31, 2025, the City of Santa Paula shall not, absent approval of a majority of the voters voting at a duly scheduled election, increase the residential or commercial density or intensity of use beyond that presently described in the above-referenced Land Use Element, as amended Amendments on any project comprising a gross of 81 acres or greater shall be subject to this measure . . . .”

We Care filed the petition with the city clerk with a notice of intent to circulate. After the city attorney provided a title and summary, We Care circulated the petition for signature.

In May of 2005, We Care submitted a signed petition to the city clerk for signature verification. The clerk verified that We Care had obtained sufficient valid signatures. Nevertheless, the clerk notified We Care that she was rejecting the petition for failure to comply with section 9201, requiring a petition to contain the text of the proposed measure. Specifically, the clerk found that although the petition includes the proposed language that would be inserted into the general plan, it does not show where in the general plan it would be inserted; what parts of the land use element would be changed; or the current text of the land use element.