Hass v. City Council

BARNARD, P. J Early in 1952 an intiative petition was presented to the city council of Palm Springs calling for a special election for the purpose of adopting a proposed ordinance changing the boundary lines of the Couneilmanic districts. The council refused to call an election for that purpose, and an application was made for a writ of mandate compelling the council to submit the proposed ordinance to a vote of the electors. Judgment was rendered for the defendants. On appeal, that judgment was reversed, the Supreme Court holding that the city council was under a duty “to either pass the proposed ordinance immediately or to call a special election for that purpose.” (Blotter v. Farrell, 42 Cal.2d 804 [270 P.2d 481].)

After the remittitur came down a stipulation was filed suspending further proceedings for a time, because certain annexation proceedings were then pending which might affect the boundaries as described in the redistricting ordinance. Thereafter an ordinance was prepared which, except for changes in the described boundaries, was to the same effect as the “proposed ordinance” which was set forth in the “Notice of Intention to Circulate an Initiative Petition, ’ ’ and which was before the Supreme Court in the Blotter case. This new ordinance, like the original proposed ordinance, contained the provision that if three-fourths of the qualified electors voted in favor of the ordinance it was to become effective, and the further provision that if any part thereof was held to be unconstitutional this should not affect the validity of the remainder.

This new ordinance was submitted to a special election held on February 10,1955, at which the ballots stated, among other things, that “if three-fourths of the qualified electors, who vote, vote in favor of said Ordinance No. 293 it will provide for the redistricting of the presently existing couneilmanic districts of the city of Palm Springs,” in the manner described. [75]On February 15, 1955, the city council canvassed the election returns and determined that 785 votes had been east in favor of the adoption of the ordinance and 602 votes against the proposition. It thus appears that the proposed ordinance received a majority vote but less than the three-fourths approval set forth as a requirement both on the ballot and in the proposed ordinance. The city council adopted a resolution declaring that the ordinance had been rejected because of a failure to obtain a three-fourths vote.

Thereafter these appellants applied for a writ of mandate seeking to compel the city council to declare the ordinance adopted, which was denied by this court on March 17, 1955. (Hass v. City Council, 4 Civ. No. 5099.) They then filed a petition in the superior court for a writ of mandate commanding the city council to disregard, as null and void, the provision in the ordinance requiring a three-fourths vote; and directing the city council to declare that the said ordinance had been duly adopted by a majority vote of the electors. After a hearing, the court refused to grant this relief and entered judgment for these respondents. These appellants then moved for a new trial, and for permission to amend their complaint by setting forth a cause of action for declaratory relief. Both of these motions were denied, and this appeal followed.