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Q: Changing a law. ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Changing a law.
Category: Relationships and Society > Law
Asked by: wil2liv-ga
List Price: $120.00
Posted: 24 Aug 2004 10:07 PDT
Expires: 23 Sep 2004 10:07 PDT
Question ID: 391902
I would like to know what the process would be to repeal or amend a
San Diego Municipal Code. Is there a building I can go to, to fill out
a form? I've asked several lawyers and none I have talked with have any
idea how to go about changing these laws. Any help would be much
appreciated. For more information on the specific law I'm trying to
change, please visit theclam.org.

Clarification of Question by wil2liv-ga on 24 Aug 2004 15:56 PDT
http://www.theclam.org
Answer  
Subject: Re: Changing a law.
Answered By: larre-ga on 25 Aug 2004 15:34 PDT
Rated:5 out of 5 stars
 
Hi, thanks for asking!

Many moons ago, as a teenager, I made a jump off the Clam. As a
parent, I shudder to think of my own adventurous post-teens doing the
same, but I certainly do understand the thrill. It'll take kids of
your own to understand that particular protective instinct.

Irregardless of those personal trepidations that accumulate with age,
there are a series of steps that might possibly lead to changing San
Diego's Municipal Code. Not quite as simple as easy as just filling
out a form, though that does play a part in the process. These various
methods are available to you:


START WITH LETTERS, PHONE CALLS, INFORMAL PETITIONS
----------------------------------------------------------------------

Most [San Diego] City ordinances and resolutions (including 
§63.20.23) require a simple majority of San Diego City Council votes
-? 5 out of 9 -- to be adopted or amended. "Get the ball rolling by
calling or writing a letter to your Councilmember, and to the Mayor.
If you want to show you have lots of community support, develop and
submit an informal petition, or have others call or send letters. With
the backing of five (5) Councilmembers, your idea can become municipal
policy."

San Diego City Clerk's Office | Making a Difference - Letters
http://www.sannet.gov/city-clerk/elections/process/difference.shtml#letters


San Diego Mayor and City Council Members
========================================

Mayor Dick Murphy
202 "C" Street, 11th floor
San Diego, CA 92101
Telephone: 619-236-6330
Fax: 619-236-7228
E-Mail: DickMurphy@sandiego.gov


DISTRICT #1:

Councilman Scott Peters
202 C Street, MS #10A
San Diego, CA 92101
Telephone: (619) 236-6611
From North County (858)484-3808
Fax: (619) 236-6999
E-Mail: ScottPeters@sandiego.gov 

DISTRICT #2:

Councilmember Michael Zucchet
202 C Street, MS #10A
San Diego, CA 92101 
Telephone: (619) 236-6622
Fax: (619) 236-6996
E-Mail: mzucchet@sandiego.gov  

DISTRICT #3:

Councilmember and Deputy Mayor Toni Atkins
202 C Street, MS #10A
San Diego, CA 92101
Telephone: (619) 236-6633
Fax: (619) 595-1481
Email: toniatkins@sandiego.gov

DISTRICT #4 (Empty Seat)

202 C Street, MS #10A 
San Diego, CA 92101 
Telephone: (619) 236-6644 
Fax: (619) 236-7273 

DISTRICT #5:

Councilman Brian Maienschein
202 C Street
San Diego, CA 92101
Telephone: (619) 236-6655
From North County:
(858) 673-5304
Fax: (619) 238-0915
E-Mail: bmaienschein@sandiego.gov

District #6

Councilmember Donna Frye
202 "C" Street, MS #10A
San Diego, CA 92101
Telephone: (619) 236-6616
Fax: (619) 236-7329
E-mail: donnafrye@sandiego.gov 

District #7:

Councilmember Jim Madaffer  
202 C Street
San Diego, CA 92101
Phone: 619-236-6677
Fax: 619-238-1360  
Email: jmadaffer@sandiego.gov     

District #8:

Council Member Ralph Inzunza 
City Administration
202 "C" Street, MS#10A
San Diego, CA 92101
Telephone: (619) 236-6688
Fax: (619) 231-7918
E-Mail: rinzunza@sandiego.gov 


You'll likely need more than a heartfelt plea. You'll need to gather
detailed statistics and other information that show the proposed
changes to be beneficial to the City, as well as those who wish to
jump without penalty. Be prepared to present background information
regarding jumps, injuries, expert testimony about injuries,
fatalities, tides, water levels, physical characteristics of the
seabed, expert opinions about what information and conditions are
required in order to jump safely, and explain how that information can
be conveyed to potential jumpers. You'll need to become very familiar
with the actions and background surrounding enaction of the current
Code. You'll also want to gather information and examples from other
localities which allow dangerous activities within their borders,
about how to protect the City from any liability claims from potential
injuries or fatalities.


SPEAK AT A SAN DIEGO CITY COUNCIL MEETING
----------------------------------------------------------------------

"Non-Agenda Comment: At the beginning of each Tuesday morning Council
session, time is reserved on the agenda (also known as the "docket")
for "Non-Agenda Comment." This provides members of the public an
opportunity to address the Council on any matter of interest not
scheduled on the agenda. Subject matter must be within the Council?s
jurisdiction. Time allotted to each speaker is determined by the
Chair. However, comments are limited to no more than three (3) minutes
total per subject, regardless of the number of those wishing to speak.
Because of open meeting laws, Council may not discuss or act on any
issue brought forth under "Non-Agenda Comment," although the issue may
be referred to the appropriate staff. If you wish to address the
Council under "Non-Agenda Comment," you must submit a "Request to
Speak" form (speaker slip) immediately before the meeting begins.
These forms are available in the Council Chambers prior to the
meeting.

Comment on an agenda item: If you wish to address the Council on an
item listed on the agenda, it is very important that you submit a
"Request to Speak" form to the City Clerk before the meeting begins.
Use a speaker slip "In Favor" of or "In Opposition" to the
recommendation listed first on the agenda for the item which interests
you. Time allotted to each speaker is determined by the Chair and, in
general, is limited to three (3) minutes; moreover, testimony by all
those present in support or opposition shall be limited to no more
than fifteen (15) minutes total per side, whether or not all speakers
are part of an organized presentation.

Please note that "Request to Speak" forms are not accepted once the
item is called."

San Diego City Clerk's Office
Making a Difference - Speak At A Council Meeting
http://www.sannet.gov/city-clerk/elections/process/difference.shtml#speak


"Members of the public who wish to speak must fill out a "Request to
Speak" form. These forms are available in the Council Chambers before
each meeting. "Requests to Speak" on any item should be submitted at
the beginning of each Tuesday Council meeting."

San Diego City Clerk's Office FAQ | Request to Speak
http://www.sannet.gov/city-clerk/faq.shtml#q4


USE THE INTERNET FOR A "PUBLIC COMMENT"
----------------------------------------------------------------------

You may use the Internet to express interest or comment about an item
that is ALREADY ON THE CITY COUNCIL AGENDA to be discussed by the City
Council in an upcoming meeting. Complete and submit the San Diego City
Council Meeting Agenda Comment Form. "Your comments will be sent to
the Mayor and Councilmembers and become part of the public records
located in the Office of the City Clerk."

Meeting Agenda Comment Form
http://www.sandiego.gov/city-council/docket-comment.shtml


SPEAK TO THE RULES COMMITTEE ("COMMUNICATION REQUEST")
----------------------------------------------------------------------

"The SDMC provides another method for you to address the Committee on
Rules, Finance and Intergovernmental Relations?and potentially the
City Council?on matters of general interest. This is the
"Communication Request," and you may submit your request to the Rules
Committee Chair by letter or on a form available from the City Clerk?s
Office. The Rules Committee reviews all Communication Requests. You
will be notified of the date your item is docketed to be heard before
Rules, and you may request to speak on the item at that time. Requests
approved by a majority vote of the Rules Committee will be forwarded
to the full Council.

If your Communication Request is forwarded to the City Council, you
will be notified of the exact date for which it is docketed. Requests
to speak before the City Council are limited to five (5) minutes, and
only the individual listed on the docket may make the presentation.
The SDMC limits all communications to matters which are proper areas
of discussion or action by the City Council.

When a Communication item is listed on the docket, it is not debatable
and must be either referred to an appropriate committee or other
public agency, or filed."

San Diego City Clerk's Office | Making a Difference - Rules Committee
http://www.sannet.gov/city-clerk/elections/process/difference.shtml#meeting


RULES COMMITTEE MEMBERSHIP AND SCHEDULE
=======================================

Rules, Finance, and Intergovernmental Relations Committee
The Rules, Finance, and Intergovernmental Relations Committee's AREA
OF RESPONSIBILITY includes, but is not limited to, Economic
Development, International Airports, Port District,
Interagency/Binational and Agreements, Taxes, Fees, Assessments,
NTC/BRAC, Labor Relations, City Charter, Telecommunications/Data
Processing, and Intergovernmental Relations.

Mayor Dick Murphy (Chair) 
Toni Atkins (Vice Chair) 
Scott Peters 
Brian Maienschein 
Jim Madaffer 
Schedule: One or two Wednesdays per month, 9:00 am 
Location: City Council Committee Room 
12th Floor, City Administration Building 

For specific dates, contact Rules Committee Consultant, Bill Baber, at
236-6330. Email: bbaber@sandiego.gov

Council Committees - Rules
http://www.sannet.gov/city-council/committees/#rules


SPEAK AT A COMMITTEE MEETING ("PUBLIC COMMENT")
----------------------------------------------------------------------

As an intermediate step, "Before speaking to Council, you may wish to
address one of the four standing Council Committees: Rules; Land Use &
Housing; Public Safety & Neighborhood Services; and Natural Resources
& Culture.

Any member of the public may address a Council committee on any
subject in its area of responsibility, on any matter not presently
pending or previously discussed at the Committee. Comments are limited
to three (3) minutes and are not debatable. At the conclusion of the
comment, the Chair has the discretion to determine the appropriate
disposition of the matter. If you wish to address the Committee under
"Public Comment," submit a "Public Comment Request" form before the
meeting. Subject matter and time limitations are noted on the form.
Because of open meeting laws, the Committee is not allowed to discuss
the matter or take any action other than to make a referral.

If a "Communication Request Form" is submitted to the City Clerk seven
(7) calendar days before the Committee meeting, the matter may be
placed on the agenda as a scheduled communication, and the Committee
may discuss the item prior to its appropriate disposition."

San Diego City Clerk's Office | Making a Difference - Committees
http://www.sannet.gov/city-clerk/elections/process/difference.shtml#public


Each of the Council Committees could be considered appropriate to
address one or more aspects of changing the Municipal Code as desired.
You would want to tailor requests to the particular focus of each
Council Committee. You'd want to read minutes of these Committees to
gain an understanding of their members, and the type of project or
change that most appeals to each Committee, and the type of changes
that are proposed and advocated by each Committee.


Natural Resources and Culture Committee
The Natural Resources and Culture Committee's AREA OF RESPONSIBILITY
includes Clean Water Program, Energy, Water, MSCP, CEQA/NEPA, State
and Federal Endangered Species Acts, Arts and Culture, TOT, Solid
Waste Disposal, Recycling, APCD/Air Quality, Hazardous Waste, Open
Space Planning/Preserves, and Regional Parks.

Jim Madaffer (Chair) 
Ralph Inzunza 
Michael Zucchet 
Charles Lewis 
Donna Frye (Vice Chair) 
Schedule: One to two Wednesdays per month, 9:00 am 
Location: City Council Committee Room
12th Floor, City Administration Building 

For specific dates, contact NR&C Committee Consultant, Dan Coffer, at
533-3980. Email: dcoffer@sandiego.gov


Public Safety and Neighborhood Services Committee
The Public Safety and Neighborhood Services Committee's AREA OF
RESPONSIBILITY includes Police, Fire, Paramedics, Neighborhood Parks,
Recreation Programs, Youth Services, Senior Services, Neighborhood
Revitalization, BIDs, Litter Control, MBE/WBE, Community Development
Block Grant, Code Enforcement, Graffiti Abatement, and Parking
Regulations and Enforcement.

Brian Maienschein (Chair) 
Donna Frye 
Michael Zucchet 
Toni Atkins (Vice Chair) 
Charles Lewis 
Schedule: One or two Wednesdays per month, 2:00 pm 
Location: City Council Committee Room
12th Floor, City Administration Building 

For specific dates, contact PS&NS Committee Consultant, John Rivera,
at 533-3982. Email: jrivera@sandiego.gov


Land Use and Housing Committee
The Land Use and Housing Committee's AREA OF RESPONSIBILITY includes
Affordable Housing, Mobilehomes, Engineering and Development, General
Plan Amendments, Subdivisions and Exactions, Community Facility
Finance, Annexations, Transportation Planning, Transit Services,
Parking Planning, Building Code/Inspection, Land Development/Zoning
Code Update, Utilities, Infrastructure Finance, Airport Enterprise
Funds, and Housing Commission Quarterly Report.

Scott Peters (Chair) 
Ralph Inzunza (Vice Chair) 
Michael Zucchet 
Charles Lewis 
Donna Frye 
Schedule: One to two Wednesdays per month, 2:00pm
 
Location: City Council Committee Room
12th Floor, City Administration Building

For specific dates, contact LU&H Committee Consultant, Chris Cameron,
at 533-3920. Email: cmcameron@sandiego.gov

City of San Diego | City Council Committees
http://www.sannet.gov/city-council/committees/#facil


If City Council government cannot be directly persuaded to change the
Municipal Code, you may, with enough support, place the measure on a
ballot, for a vote by the general public. Two methods exist:

SUGGEST A BALLOT PROPOSAL USING COUNCIL POLICY 000-21
----------------------------------------------------------------------

"Council Policy (CP) 000-21 contains a procedure enabling members of
the public to submit ballot proposals to the City Council via the
Rules Committee. You may submit a ballot proposal to the City Clerk?s
Office at any time, which sends your proposal to the Rules Committee
Consultant. Your proposal is then placed on the Rules Committee
meeting agenda for subsequent review and comment by the Committee. The
Committee may request that you or a City department furnish background
information, provide an analysis of the proposal, and report back to
the Committee. The Committee may either reject or approve your
proposal?if it is approved, it will be brought to the City Council for
action.

Check with the City Clerk?s Office for the final deadline to submit a
CP 000-21 ballot proposal for possible inclusion on the next ballot."

San Diego City Clerk's Office | Making a Difference - Ballot Proposal
http://www.sannet.gov/city-clerk/elections/process/difference.shtml#proposal


CITY OF SAN DIEGO, CALIFORNIA COUNCIL POLICY CP-000-21
---------------------------------------------------------------------

SUBJECT: SUBMISSION OF BALLOT PROPOSALS
POLICY NO.: 000-21
EFFECTIVE DATE: October 16, 1995
BACKGROUND:
The San Diego Municipal Code authorizes the City Clerk to oversee the
conduct of elections within the City of San Diego. At the present time
an established procedure exists for Council consideration of ballot
proposals submitted by members of the public which includes public
notification and time for consideration of proposals by the Rules
Committee prior to their consideration by the Council. There is,
however, no specific procedure for the submittal of ballot proposals
by the City Manager, independent department directors, or a public
agency. This results in confusion and, in some instances, little time
for consideration of proposals prior to an election.

PURPOSE:

1. To limit consideration of ballot proposals to only those elections
that are conducted throughout the entire city.

2. To establish procedures for the submittal of ballot proposals to
the City Council, by members of the public, the City Manager,
independent department directors, or a public agency.

DEFINITIONS:

For the purpose of this Council Policy, "public agency" means the San
Diego Unified School District, San Diego Community College District,
Retirement Board of Administration, and any similar entity.

POLICY:

I. Submittal of ballot proposals by members of the public:

   A. Ballot proposals may be submitted at any time to the office of 
      the City Clerk.

   B. The City Clerk shall transmit promptly such submitted proposals
      to the Rules Committee Consultant.

   C. The Rules Committee Consultant shall place the proposals on the
      Rules Committee meeting agenda for subsequent review and 
      comment by the Committee.

      1. The Rules Committee may request that proponents of a 
         proposal or a City Department to furnish background 
         information, provide an analysis of the proposal and report 
         back to the Committee.

      2. A proposal that has received Rules Committee review and 
         comment, and that is being forwarded to the Council for 
         consideration, shall be referred to the City Clerk. The 
         Clerk shall maintain it on file until such time as action by 
         the Council is required for placing propositions before the 
         electorate.

         This is generally the Council meeting held at least 120 days
         before the election, as established by the Clerk's Calendar 
         for the submission of ballot proposals. Background 
         information and report materials shall be transmitted to the 
         City Clerk for inclusion with Council exhibit materials when 
         the item appears on the Council Docket.

   D. The Rules Committee may approve or reject proposals submitted
      for review. Only those proposals approved or forwarded to the 
      full Council by the Committee will be brought to the City 
      Council for action.

   E. Ballot propositions shall be placed before the electorate only 
      at elections which are conducted throughout the entire City. 
      Prior to each regularly scheduled city-wide election, the City 
      Clerk shall prepare a calendar for the submission of ballot
      proposals, which will include the deadlines established by this
      policy.

      1. At least one hundred sixty-nine (169) days prior to any
         regularly scheduled city-wide election, the City Clerk shall 
         place on the docket a notice of Council consideration of 
         ballot proposals and a notice of the last date for submittal 
         of ballot proposals to the City Clerk to enable required
         review by the Rules Committee prior to Council consideration 
         for the upcoming election.

      2. At least one hundred twenty-seven (127) days prior to the 
         election the City Clerk shall list on the Council docket 
         under PUBLIC NOTICE the ballot proposals that have been 
         referred back to the Clerk by the Rules Committee following 
         Committee review. This includes only those proposals which 
         have been forwarded to the Council for consideration.

      3. At the Council meeting scheduled at least one hundred twenty
         (120) days before the election, which is the meeting at 
         which the Council directs the City Attorney to prepare the 
         necessary resolutions and ordinances for the city-wide 
         election, the City Clerk shall list on the docket for
         Council consideration the ballot proposals that were listed 
         on the previous docket.

II. Submittal of ballot proposals by the City Manager, independent 
    department directors, or a public agency:

    A. The City Manager, independent department director, or public
       agency, shall submit ballot proposals to the City Clerk for 
       consideration by the Council. Proposals shall be submitted no 
       later than 5:00 p.m. on the working day prior to the Clerk's 
       docket deadline, for the Council meeting at which the Council 
       directs the City Attorney to prepare the necessary ordinances
       for the election. This meeting must be held at least one 
       hundred and twenty (120) days before the election, as noted in 
       the Clerk's calendar for the submission of ballot proposals.

    B. Proposals shall consist of a Request for Council Action (1472) 
       and shall include a proposed resolution directing the City 
       Attorney to prepare appropriate ballot language for the 
       proposal.

    C. The Clerk shall transmit promptly such submitted proposals to 
       the Rules Committee Consultant in time for review and placement 
       on the docket of the Council meeting at least 120 days prior to 
       the election, as noted in the Clerk's calendar for the 
       submission of ballot proposals.

    D. The Rules Committee Consultant shall place the proposals on the 
       Council Docket of the meeting at least 120 days prior to the 
       election.

III. General Plan amendments to shift land from Future Urbanizing to
planned Urbanizing area:

Notwithstanding the procedures outlined in Sections I and II, proposed
amendments to the General Plan in connection with redesignations of
land areas that are currently designated as "Future Urbanizing",
whether submitted by the public, the City Manager, independent
department director, or public agency, shall be subject to the
procedures of Council Policy 600-30 instead of this Policy.
----------------------------------------------------------------------

IV. Council adoption of ballot propositions:

Notwithstanding the procedures outlined in Sections I and II, the City
Council may at any time under the Rules of the Council adopt ballot
propositions to be placed before the electorate.

V. Proposals to amend the City Charter:

All proposals to amend the City Charter shall be in writing with old
language to be removed in strikeout and new language to be added
underlined.

VI. Election costs for ballot proposals submitted by members of the
public, the City Manager, independent department directors, or a
public agency, adopted by the City Council:

The City Manager will make recommendations on the source of funding
for individual ballot proposals, which may include, but is not limited
to, the Citywide Program Expenditures-Citywide Elections budget,
non-general fund budget, or agency budget. In general, ballot
proposals should be funded by the department, fund or agency deriving
the greatest benefit from the passage of said proposal.

Council Policy 000-21
http://clerkdoc.sannet.gov/RightSite/getcontent/local.pdf?DMW_OBJECTID=090014518001cdba


 -- or --

USE THE INITIATIVE PROCESS
----------------------------------------------------------------------

"Your proposal may be placed on the ballot for a vote of the people if
you decide to use a formal petition process. If you file a valid
initiative petition, Council may either accept your proposal outright,
or place it on the ballot. Your valid petition to amend the City
Charter will also be placed on the ballot. Should your proposal be to
reject a recently adopted legislative act, and if you file a valid
referendary petition, then Council may either repeal the referended
legislative act or place the matter on the ballot."

[Researcher's Note: Only the Initiative Process is available to you.
Referendary Petitions must be filed within 30 days of legislation
enactment.}


THE INITIATIVE PROCESS
----------------------------------------------------------------------

In the Initiative Process you would phrase your proposal to open the
Clam to the specified activity. This is different from the referendum
process outlined below.

A guideline prepared by the Office of the City Clerk 

The following information is provided as a general guideline to the
initiative process in the City of San Diego.

For legal provisions, see SDMC, Chapter 2, Article 7, Division 10
(PDF: 62K). http://clerkdoc.sannet.gov/legtrain/mc/MuniCodeChapter02/Ch02Art07Division10

ANY PROPOSED LEGISLATIVE ACT, OR PROPOSED AMENDMENT OR REPEAL OF AN
EXISTING LEGISLATIVE ACT, MAY BE SUBMITTED TO THE COUNCIL BY AN
INITIATIVE PETITION FILED IN THE OFFICE OF THE CITY CLERK.

For information regarding amending the City Charter by initiative
petition, see "AMENDING THE CITY CHARTER," Office of the City Clerk.


SIGNATURE REQUIREMENTS

Initiative (10%) 10% of 628,998: 62,900 

San Diego | Initiative Petition/Referendum Signature Requirements
http://www.sannet.gov/city-clerk/pdf/sigreq02.pdf


LANGUAGE OF PROPOSAL 

The first step in the initiative process is to develop the precise
language of your proposed legislation.


You are advised to seek legal counsel in this matter to ensure that
the intended outcome is accurately and comprehensively reflected in
the language of your proposal. NOTE: THE CITY OF SAN DIEGO DOES NOT
PROVIDE LEGAL SERVICES. PROPONENTS SHALL RETAIN THEIR OWN ATTORNEYS AT
THEIR OWN EXPENSE.


NOTICE OF INTENTION TO CIRCULATE A PETITION 

The proponents of an initiative action shall publish a notice of
intention to circulate an initiative petition. The notice shall be
published at least once in a daily newspaper of general circulation
published in the City of San Diego. The notice of intention shall:


a. Contain the proposed legislative act in full. (It is important that
the printing be accurate -- proofreading is a responsibility of the
proponent. Errors, omissions, etc. could be cause for re-publication.)
 
and
 
b. A statement containing, in 300 words or less, the reasons for the
petition. The statement must be printed in clear, readable type no
smaller than 10-point in size. The statement must be signed by the
individual proposing the petition, or in the case of an organization,
by two (2) officers of the organization. The individual or officers
signing must also affix the date of signing, and a residence, business
or mailing address at which the proponent may be reached.


A sample format for such notice is given below: 


NOTICE OF INTENT TO CIRCULATE PETITION
 
Notice is hereby given of the intention of the person(s) whose name(s) 
appear(s) hereon to circulate a petition within the City of San Diego 
for the purpose of __________________________________________.
 
[Copy of full text of proposed legislative act]
 
A statement of the reasons for the proposed action as contemplated in 
said petition is as follows: 
[Statement not to exceed 300 words] 

Signature(s) of Proponent; Date of Signing; Proponent's Address 
 

 


AFFIDAVIT OF PUBLICATION 

Within ten (10) calendar days after the date of publication of the
notice of intention and statement of reasons, the proponent shall file
with the City Clerk a copy of the notice and statement as published,
and the originally signed statement, together with an affidavit made
by a representative of the newspaper in which the notice was
published, certifying to the fact of publication.


THE PETITION 

The petition signed by voters proposing an initiative shall set forth
in full the text of the proposed amendment and the statement
containing the reasons for the petition, in no less than 10-point
type.


Proponents shall supply their own petition forms. 


The petition may be circulated in sections but each section shall
contain a correct copy of the full text of the proposed amendment.
Also, each section of the petition shall bear a copy of the statement
of reasons, and the circulator's affidavit of authenticity.


Each petition section shall consist of sheets of white paper uniform
in size with dimensions no smaller than 8-1/2 by 11 inches nor greater
than 8-1/2 by 14 inches.


The petition shall be in substantially the following form: 


INITIATIVE PETITION
 
To the Honorable City Council of The City of San Diego: 
We, the undersigned registered voters of The City of San Diego,
California, by this petition hereby respectfully propose the following
legislative act be adopted by the City Council or submitted to the
registered voters of The City of San Diego for their adoption or
rejection:

 
(NOTE: Here insert a copy of the published notice of intention
containing the proposed legislative act in full, the statement of
reasons, the voter signature sheet(s) and the circulator's affidavit
of authenticity.)




For Format of Signature Solicitation Portion of Petition, see forms: 

http://www.sannet.gov/city-clerk/elections/process/initiative.shtml   

CIRCULATING THE PETITION 

Twenty-one (21) days after the publication of the notice of intention
and statement of reasons, the petition may be circulated among the
voters of the City for signatures providing that a copy of the notice
of intention, the originally signed statement of reasons, and the
affidavit of publication have been filed in the Office of the City
Clerk as required.

An initiative petition may be circulated by a paid signature gatherer
or a volunteer who must be a U.S. citizen and at least 18 years old.


SIGNING THE PETITION 

Each signer of the petition shall sign it in the manner prescribed below: 

a. Signature; 
b. Printed name; 
c. Residence address, giving street and number, or if no street or
number exists, adequate designation of residence so that the location
may be readily ascertained (Post Office box numbers, business
addresses, or mailing addresses are not permitted); and
d. Date signed. 

Only a person who is a qualified registered voter at the time of
signing the petition is entitled to sign it.

The number of signatures attached to each section shall be at the
pleasure of the person soliciting the signature.


FILING THE PETITION 

An initiative petition shall be submitted for filing with the City
Clerk by the proponent, or by any individual authorized in writing by
the proponent. All sections of the petition shall be submitted for
filing at one time and no petition section submitted subsequently
shall be accepted by the Clerk. The proponent must also provide the
City Clerk with six (6) copies of the petition with unsigned voter
signature sheets and unsigned circulator's affidavits of authenticity.
(The unsigned copies will be for the use of the public and the media.)

The petition shall be filed not more than 180 days after the date on
which the notice of intention to circulate was published.

The petition must contain the required number of signatures prima
facie ("on its face") to be accepted by the Clerk for filing.


VERIFICATION OF SIGNATURES 

Within 30 calendar days from the date the petition is filed, the
signatures on the petition shall be verified by the Clerk. The
signatures may be verified by means of the random sampling method as
provided for in California Elections Code Section 9115.

The random sample of signatures to be verified shall be drawn in such
a manner that every signature filed with the Clerk shall be given an
equal opportunity to be included in such a sample. Such a random
sampling shall include an examination of at least three percent (3%)
of the signatures.

If the statistical sampling shows that the number of valid signatures
is within 95 to 110 percent of the number of signatures of qualified
voters needed to declare the petition sufficient, the Clerk shall
examine and verify each signature filed.

Results of past petition examinations have indicated that the
percentage of valid signatures obtained is in the 75 to 80 percent
range. Therefore, circulators should exercise diligence in obtaining
signatures from qualified registered voters only, and should consider
obtaining signatures over and above the number required to validate
the petition.


CLERK'S CERTIFICATION 

The City Clerk shall certify the results of the signature verification
and send a notice of sufficiency (or insufficiency) to the proponent
or a representative of the proponent.

For a sufficient petition, the Clerk shall present the petition with
certification attached to the Council at the next regular Council
meeting at which the matter can be placed on the docket.


LEGISLATIVE ACTION 

After an initiative petition has been qualified and presented to the
City Council, the following actions may occur:

3% Petition 

If the initiative petition contains the signatures of at least three
percent (3%) but less than ten percent (10%) of the voters, the
Council must within ten (10) business days of the date of presentation
approve or reject the legislative act as presented but may not amend
it. The Council may submit the matter to the voters, but it is not
required to do so.


10% Petition 

If the initiative petition contains the signatures of ten percent
(10%) or more of the voters, the Council must within ten (10) business
days of the date of presentation approve or reject the proposed
legislative act as presented but may not amend it. If the Council
rejects the proposed legislative act or fails to act within the time
prescribed, then the Council has ten (10) business days to call a
special election at which the act, without alteration, shall be
submitted to the people. The special election may be consolidated with
the next City-wide Primary or City-wide General Election, or a
separate special election my be called.

If a proposed legislative act is approved by the voters, the act shall
be deemed adopted. The act shall be effective at the time indicated in
the proposed legislative act or thirty (30) days after the election,
whichever is later."

San Diego City Clerk's Office | The Initiative Process
http://www.sannet.gov/city-clerk/elections/process/initiative.shtml



GRASSROOTS ADVOCACY
----------------------------------------------------------------------

I've gathered a few resources for you, outlining the grassroots
advocacy process and experience.

Citizen's Crash-Course on Lobbying your State Policy Makers - This is
aimed at state-level lobbying, but has many pointers that are also
applicable to your situation as well.

Citizen's Crash-Course on Lobbying your State Policy Makers
http://www.publicknowledge.org/content/policy-papers/grassroots-lobbying-howto/view

Grassroots Lobbying Manual | Techniques and Strategies (.pdf document)
http://www.ihca.com/AcrobatFiles/Grassroots2002.PDF

Teen Fights to Ban Animal Acts at Circus - "When Heather Herman put an
issue on the ballot asking Denver voters whether they wanted to ban
wild animal performances, the 15-year-old took on everyone from
Ringling Bros. to Blinky the Clown."

CNN | U.S. - Thursday, February 5, 2004
http://www.cnn.com/2004/US/Central/02/05/banning.the.circus.ap/

Related Articles Search:
http://news.google.com/news?q=%22Youth+Opposed+to+Animal+Acts%22&filter=0
http://news.google.com/news?filter=0&q=%22Heather+Herman%22+circus

My own kids (youngest is 18) reminded me to list a book they found
helpful: THE KID?S GUIDE TO SOCIAL ACTION: How to Solve the Social
Problems You Choose?and Turn Creative Thinking into Positive Action.
Though marketed to "kids" it's an excellent primer, with advice and
practical tips for many of the actions needed in the process of
changing a law.

"Step-by-step instructions show how to write letters, do interviews,
make speeches, take surveys, raise funds, get media coverage, and
more. Reproducible forms make it easy to circulate petitions, initiate
proclamations, and prepare news releases."

Free Spirit Publishing
http://192.220.109.53/cgi/s_product_nf.cgi?productid=126

Amazon.com (Offers "Peek Inside")
http://www.amazon.com/exec/obidos/tg/detail/-/1575420384/qid=1093472623/


Search Strategy
----------------------------------------------------------------------

I searched and browsed the City of San Diego website to locate and
organize material about changing laws in San Diego. I used various
combinations the following Google Search Terms to gather additional
resource references:

grassroots 
"citizen lobbying"
advocacy
"social action"
"changing laws"
denver circus animal ban


I hope you find this information helpful to your effort to reopen the
Clam to legal cliff jumping.

---larre
wil2liv-ga rated this answer:5 out of 5 stars and gave an additional tip of: $30.00
Wow! I'm stoked on your answer and this is going to give me something
to do in the next few weeks, months and this winter. =)

I don't have kids yet, but my best friend who jumps with me does and
it's not changed his mind about it. I think every parent worries a
little about their kids. They don't want them to do what they did when
they were a kid weather it's going to a "drinking party" or skydiving
or going on a skiing trip with friends. In my own, all you can do is
give your kids good direction, morals, education and pray. I've seen
that sheltering kids only makes them want to escape of the box more.

Thanks again for a terrific answer!

Comments  
Subject: Re: Changing a law.
From: larre-ga on 25 Aug 2004 19:29 PDT
 
You're quite welcome, I enjoyed the research. And thank you... for the
rating and generous tip.  ---l

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