Starr v. Chaparro

Filed 1/18/22; on rehearing CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

AARON STARR, 2d Civ. No. B307585 (Super. Ct. No. 56-2020- Plaintiff and Appellant, 00541757-CU-WM-VTA) (Ventura County) v. OPINION ON REHEARING ROSE CHAPARRO, as City Clerk, etc., et al.,

Defendants and Respondents.

A city ordinance adopted by the voters may be repealed or amended only by a vote of the people. (Elec. Code, § 9217.)1 A city council enacted an ordinance that served to deny voters their rights guaranteed by the Election Code. Here, we restore their rights. Plaintiff presented a valid initiative petition adopted by the voters to amend a city ordinance to add term limits for council members. The city adopted the amended ordinance as its own instead of placing it on the ballot. But it did so in a manner that

All statutory references are to the Elections Code unless 1

otherwise stated.

rendered the ordinance a nullity, depriving the voters of the opportunity to decide the issue of term limits. The trial court denied plaintiff’s request for a writ of mandate to compel the city to place the initiative on the ballot. We reverse. FACTS 1973 Ordinance Prior to 1973, the mayor of the City of Oxnard (City) was appointed by the city council. In June 1973, the city council received an initiative petition seeking to place before the voters the questions whether the mayor should be directly elected and, if so, whether the term should be two or four years. After the city council received the petition, the city attorney ruled the petition invalid because it did not attach an ordinance. Instead of proceeding on the initiative petition, the City, on its own, pursuant to its authority under Government Code section 34900, ordered the questions placed on the ballot. In a November 1973 election, the majority of voters voted to have an elected mayor with a two-year term of office. Measure B In October 2019, the city council adopted a resolution placing Measure B on the ballot for an election to be held in March 2020. Measure B sought to amend section 2-3 of the Oxnard City Code to extend the mayor’s term to four years and to add section 2-4 to establish a limit of three terms for city council members. Starr’s Initiative Petition Two weeks after the city council resolution placing Measure B on the ballot, Aaron Starr delivered an initiative petition to the city council. Like Measure B, the initiative would amend section 2-3 to extend the mayor’s term to four years. Unlike Measure B,