A. Authority.
(1) Initiative. The eligible electors have the right to propose measures to the council and, if the council fails to adopt a measure so proposed without any change in substance, to have the measure submitted to the voters at an election.
(2) Referendum. The eligible electors have the right to require reconsideration by the council of an existing measure and, if the council fails to repeal such measure, to have it submitted to the voters at an election.
(3) Definition. Within this article, "measure" means all ordinances, amendments, resolutions or motions of a legislative nature, however designated, which (a) are of a permanent rather than temporary character and (b) include a proposition enacting, amending or repealing a new or existing law, policy or plan, as opposed to one providing for the execution or administration of a law, policy or plan already enacted by council.
B. Limitations.
(1) Subject Matter. The right of initiative and referendum shall not extend to any of the following:
(a) Any measure of an executive or administrative nature.
(b) The city budget.
(c) The appropriation of money.
(d) The levy of taxes or special assessments.
(e) The issuance of general obligation and revenue bonds.
(f) The letting of contracts.
(g) Salaries of city employees.
(h) Any measure required to be enacted by state or federal law.
(i) Amendments to this charter.
(j) Amendments affecting the city zoning ordinance or the land use maps of the comprehensive plan, including the district plan maps.
(k) Public improvements subsequent to city council action to authorize acquisition of property for that public improvement, or notice to bidders for that public improvement, whichever occurs earlier. "Public improvement" shall mean any building or construction work.
(2) Resubmission. No initiative or referendum petition shall be filed within two years after the same measure or a measure substantially the same has been submitted to the voters at an election.
(3) Council Repeal, Amendment And Reenactment. No measure proposed by initiative petition and adopted by the vote of the council without submission to the voters, or adopted by the voters pursuant to this article, may for two years thereafter be repealed or amended except by a vote of the people, unless provision is otherwise made in the original initiative measure. No measure referred by referendum petition and repealed by the vote of the council without submission to the voters, or repealed by the voters pursuant to this article, may be reenacted for two years thereafter except by vote of the people, unless provision is otherwise made in the original referendum petition.
C. Construction.
(1) Scope Of Power. It is intended that this article confer broad initiative and referendum powers upon the eligible electors of the city.
(2) Initiative. It is intended that (a) no initiative petition will be invalid because it repeals an existing measure in whole or in part by virtue of proposing a new measure and (b) an initiative petition may amend an existing measure.
(3) Referendum. It is intended that a referendum petition may repeal a measure in whole or in part.
D. Effect Of Filing Petition. The filing of an initiative or referendum petition does not suspend or invalidate any measure under consideration. Such measure shall remain in full force and effect until its amendment or repeal by council pursuant to section 7.05A or until a majority of the qualified electors voting on a measure vote to repeal or amend the measure and the vote is certified.
E. City Obligations. An initiative or referendum vote which repeals an existing measure in whole or in part does not affect any obligations entered into by the city, its agencies or any person in reliance on the measure during the time it was in effect. (Ord. 15-4621, 5-19-2015)