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May 5, 2014· santaclarita.com · SantaClarita.com (SCVTalk 5.0) · Wayback capture

18,000 Signatures for Billboard Referendum; Here's What You Should Know

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This morning at 9:30am, the people behind a signature drive to stop city's recently-approved digital billboard plan will deliver 18,000 signatures to the city clerk.

The plan, approved in late March would let Metro/Allvision place digital billboards along the freeway in exchange for removing billboards along the railroad tracks.  Elections Code 9237-9247 outlines the process for calling a referendum.

This is a new thing for Santa Clarita, so I'm sure you have plenty of questions. Here are a bunch of answers. 

What is a referendum?
In California, a referendum is where the people vote on a given proposal put forth by the government. This is usually something the government puts it on the ballot for the voters' approval (like a school bond), but with enough signatures the people can also call a referendum on a law that's been passed (but before it goes into effect).

What's the difference between an initiative and a referendum?
An initiative is where the people (as opposed to the government) write the law itself and gather the signatures. Most high-profile propositions in California are initiatives (e.g. Prop. 8). In this case, the referendum would be a yes or no vote on an ordinance recently passed by the city council. An initiative would be a whole new law.

How does a referendum or an initiative get on the ballot in Santa Clarita?
Either by a vote of the city council or by a petition of the people.

Which one is harder to get on the ballot?
A referendum is much harder. Both require the same number of signatures, but an initiative gets 180 days to gather signatures, while a referendum has just 30 days from the day the law was passed (the day it gets the final signature of the city clerk). 

Why so short?
Because a referendum like this stops the ordinance from ever taking effect, which happens 30 days after it's passed. A petition with enough signatures suspends the ordinance.

How many signatures are required?
11,170, which is 10% of the registered voters as of county's last report to the Secretary of State, which was 111,697. 

So why are they submitting 18,000 signatures?
Petitions always have invalid signatures. Sometimes lots of them.

Is 18,000 going to be enough?
Probably. In order to qualify, these 18,000 signatures need a validity rate of 61.1%. It's uncommon, but not unheard of, to see rates lower than that. 

A 2008 CalTech study looked at some propositions that made it on the ballot in California and found an average signature validity rate of 75.5%, which would give this petition a healthy 13,590 signatures. 

The same study found those successful petitions submitted an average of 162% of the signatures they needed, almost exactly as much as they are submitting today (161%).

Why would a signature be invalid?
There are a few reasons, some more straightforward than others. Maybe someone isn't registered to vote, or maybe they don't live in the city. Maybe they signed twice. But they'll also confirm that your name, address and signature match your voter registration information. You might be surprised how many well-intentioned signers will get their signatures tossed.

The proponents of a petition get some legal right to review the process, but opponents do not.

Will they really validate all 18,000 signatures?
Probably not. They'll begin with a random sample and validate those signatures. Then they'll take that validity rate and estimate the number of valid signatures. If it's more than 110% of the signatures needed (12,287) the petition automatically qualifies (that would be a validity rate of 68.3%). If it's less than 95%, or 10,612, it's disqualified. If it lands between those two numbers, they'll validate the signatures one by one. 

How long will this take?
The city clerk will do an initial count and confirm that the submitted forms conform to the law. After a few days, the forms will go to the county for signature verification. If the sample projects over 110%, we'll know very soon. If they need to validate every signature, it can take up to 30 days.

If they have enough signatures, what happens next?
The city council will have a choice: repeal the ordinance right away, or put it on the ballot.

Hold on, really?
Yeah. It's probably because of the cost of an election. The council can just hit undo. Likewise, with an initiative, a council can pass the proposed ordinance instead of putting it on the ballot. But don't worry, the outcome is the same.

If they put it on the ballot, when is the election?
It would either be a special election in as little as 88 days, or along with the next council election in November 2016. 

OK, so if this goes away, can't they just pass it again?
They can't pass it, or anything similar, for another year. For practical and political reasons, we probably won't see this exact deal come to the table again.

If they don't have enough signatures, what happens?
The ordinance that the council passed in March becomes law. Metro's board still needs to give their final approval to the deal, which is still and open question.

How big is each signature packet?
Because a referendum must have the full text of the ordinance it's looking to repeal, these packets were about 40 pages (double-sided) each. I believe that there were spaces for just 24 signatures per packet, so 18,000 signatures means at least 750 packets and 30,000 pages in all.

Wow, how many trees is that?
According to this site, about three and a half.

Where are they keeping all those petitions?
They'll be in the same room where they kept the ballots in the last election. You can watch live video, complete with DVR-style playback right here.

Who was behind this petition?
An unlikely paring of a group of activists known as CABB (Citizens Against Billboard Blight) and some combination of the Outdoor Advertising Association of America and Clear Channel Outdoor. But their mutual interests only go about as far as circulating the same petition. 

Slow down, why is Clear Channel trying to stop digital billboards?
Well, not quite. Clear Channel and the OAAA think the deal should have happened another way, and they also argue that this could have been done in a way that makes more sense for the city. Simply put, they don't want to lose their railroad billboards for nothing and if the city is going to allow digital billboards, they'd like a chance to bid (they lost to Allvision for the MTA contract in 2010).

Paid signature gatherers: is that a new thing?
No. In California, paid signature gatherers worked to place the earliest ballot initiatives in the 1910s. In 1988, the Supreme Court ruled than bans against paid gatherers violated the First Amendment. Today, just about every ballot petition drive enlists paid gatherers.

How much were they paid?
Early reports pegged it an industry-standard $3-$4 per signature. After the blockers came to town, this went up to $7 per signature. This was on top or any money they made from collecting signatures for statewide petitions.

Who paid them?
It appears that it was some combination of the Outdoor Advertising Association of America and Clear Channel Outdoor by way of one or more signature gathering companies. 

Was everyone paid?
No. The CABB crowd is made up of volunteers that circulated petitions, but the vast majority of signatures came from paid gatherers. 

Who is CABB?
CABB appeared to have formed in the audience of the city council meetings when this deal was approved. Their most active members are Michael Oliveri, Patti Sulpizio and Steve Petzold. They along with Timben Boydston and Alan Ferdman were responsible for convincing the MTA to delay their approval of the deal so that the referendum could run its course. Their Facebook page is here.

Who are the blockers?
So-called blockers are people paid to disrupt signature gathering. The tactics include interrupting conversation between gatherers and the public, crowding out a gatherer's space, intimidating or otherwise scaring potential signers, circulating phony petitions, creating disruptions, and so forth. Ironically, most are signature gatherers who take a steady pay to work for the "dark side."

How much were blockers paid?
It's my understanding that most blockers were getting paid $1,000 a week plus a bonus if the referendum fails to qualify. Many blockers also circulated statewide petitions.

Who paid for the blockers?
All signs point to Allvision, the Metro-designated subcontractor that was responsible for putting the deal together with the city and who would also be responsible for running the billboards. Two sources tell me that they admitted as much to the MTA, and they would not return requests for comment to us, KHTS or The Signal. My email to their hometown lobbyist Arthur Sohikian went unanswered too.

Is blocking illegal?
Yes and no. Much of it is considered free speech, a sort of counter-protest. Other things, like preventing people from signing, threatening assault and battery, offering to buy signatures, and fraud are illegal under the Elections Code 18603 and 18630.

Why would they do such a thing?
Allvision's contract with Metro is set up so they pay the costs of putting these billboard deals together upfront, so they're already out a lot of money on a deal that they thought was sealed. If this went through, they'd be looking at a millions of dollars over the first 30 years of the 50-year deal. 

Would this be the city's first referendum?
No. Depending on how you count it, we've had as many as four referendums and one initiative. In 1987, we began with two: to become a city (69% yes) and we chose at-large council seats over districts (59%). In 1992, a slow-growth initiative failed (44%). An open space tax was rejected in 2006, only to be approved in 2007, but those were a little different because only property owners could vote.

You keep saying referendums. I thought it was referenda.
It's both, but referendums is better. More on that here.

Didn't we just have an election? Wasn't that its own kind of referendum?
Yes and no. Of the three council members that voted for the plan, only Marsha McLean was up for reelection, and she only got about 38% of the vote. Laurene Weste doesn't participate on the issue because of a conflict of interest (several billboards are located very close to her house and adjacent land that she owns. Dante Acosta didn't campaign on either side of the issue. 

Did you sign the petition?
No. I live just outside of the city in unincorporated Saugus, so if I signed, my signature would have been invalid.


18,000 Signatures for Billboard Referendum; Here's What You Should Know

Comments (15)

  1. Bill ReynoldsMonday, May 5th, 2014 at 8:52 am
    I have to say that this is a brilliant report.
  2. timothymyers02Monday, May 5th, 2014 at 9:05 am
    Cosign Bill Reynolds comment. One would have never found this type of analysis in the Signal since it would not have appeared in the City press release. (What is the over/under on how many times "mislead" appears in the City press release?)
  3. Cigar DaveMonday, May 5th, 2014 at 9:22 am
    What idiot wrote this? It makes perfect sense, and completely clarifies a complicated issue! I'm confused.
  4. timothymyers02Monday, May 5th, 2014 at 10:10 am
    Who knew that one could actually put together declarative sentences to provide useful information and not just scream about crony capitalism?
  5. Lori RivasMonday, May 5th, 2014 at 10:11 am
    Great explanation, Mike.
  6. Carole L LutnessMonday, May 5th, 2014 at 12:37 pm
    Excellent article. Thanks Mike. Patti Sulpizio is our "Norma Rae." What a gal. The real story is that we are tired of City Hall's backroom one-bidder deals and City Council ignoring the people's will. (Like the library privatization, the closed-wells collusion, etc) Maybe next time the citizens speak up City Council will listen to us.
  7. CherylPhillipsMonday, May 5th, 2014 at 12:55 pm
    Great job, Mike. Thanks for all the time you take to simplify what the City Council seems to make very complicated.
  8. LVogelMonday, May 5th, 2014 at 1:44 pm
    Darn! I didn't sign the petition as my voting signature!
  9. AllancMonday, May 5th, 2014 at 11:01 pm
    Overall, a first class report. Just a few clarifications will be helpful. The Billboard issue represents the first City wide referendum in City History. There was another referendum in City History, but it only applied to the Pinetree, Timberlane, KB Homes, LeHouse tracts in Northeast Canyon Country. This was an opportunity for voters in Los Angeles County jurisdiction to choose or reject the opportunity to annex their communities into the City of Santa Clarita. The voters choose to annex to Santa Clarita by a margin of 53 votes, out of more than 5000 cast. All the other opportunities to enact a "new law" were initiatives. These were as follows:1. MEASURE "U' IN 1987Over 17,000 signatures placed the three (3) issues of forming a City, choosing a City Council, and choosing whether to have districts, or inclusive at large voting. The voters chose to form the City, to choose their city council members "at large", and, from a field of 25 City Council Candidates, elected Buck McKeon, Jan Heidt, JoAnne Darcy, Carl Boyer, and Dennis Kontz to the new City Council.2. "ROADS NOW" Valley wide Mello Roos property tax designed to build new roads., 1989This initiative was placed on the ballot by a vote of the City Council. The voters defeated the new tax by a comfortable margin. It was a special election.3. MEASURE "A", City Wide Measure, was a "slow growth/growth control measure" This was placed on the ballot as the result of 17,000 plus signatures being obtained strictly by a team of Santa Clarita volunteers. Had it been passed, a strict control of land use growth in the City would have become law. It was largely based upon other growth control laws on the books in every City in Ventura County. It was defeated.Other initiatives, in large numbers have been on ballots in Santa Clarita Valley, but these have been specific to various school bond measures, in several of the 7 SCV School Districts, all placed there by votes of elected School District officials.As Mike points out, we have been faced by various "prop 218" tax increases for other issues, such as "open space" purchases, and for the chloride fraud. The chloride fraud prop 218 election will be coming up again, for nearly four hundred million dollars ($400,000,000.00), this Wednesday, May 7, at 6:00PM, at Santa Clarita City Hall.You will be told that the cost to a homeowner will be only 7 dollars a month. This will be a lie.Stay tuned.
  10. MikeTuesday, May 6th, 2014 at 12:08 pm
    Thanks Allan for all the information. I wasn't aware that the cityhood vote was an initiative, I thought it was a referendum called by LAFCO (albeit one that concluded a process started by a petition of residents) So "Roads Now" was an all-valley vote, not just city residents? That would explain why it didn't come up in the city's election history. While not strictly a city referendum (and predating cityhood by a few months), I think the coordinated multi-district property tax referendum vote was a really notable point in SCV history. Pretty interesting city.
  11. AbbyNormalTuesday, May 6th, 2014 at 12:15 am
    Great, concise info. Thanks, Mike,
  12. BrittanyCTuesday, May 6th, 2014 at 4:48 pm
    I dont know Mike. I signed petition but they were very loose with the facts,"Do you want to get rid of digital billboards?" No mention of City revenue, no mention of two hundred billboards coming down; when people are given facts it will fail at ballot box.
  13. MikeTuesday, May 6th, 2014 at 5:16 pm
    It's a complicated issue. None of the gatherers that barked for me seemed to get it just right. But few do. For example, you seem confident of the facts but you say "two hundred billboards coming down." It was never more than 118 and it's currently closer to 80.
  14. AbbyNormalTuesday, May 6th, 2014 at 6:03 pm
    Brittancy C., The petition IS about getting rid of digital billboards. The petition gets rid of digital billboards by getting rid of the Metro Billboard Agreement. When you signed the petition there should have been no mention of two hundred billboards coming down because two hundred is an incorrect number. As far as mentioning City revenue when you signed the petition, a petitioner would not be likely to discuss that because it's too complicated when they have only a few minutes to spend to get someone to sign. You should start doing your homework on this issue because when the signatures are validated, the Ordinance will either A.) be repealed by the City Council -OR- B.) put to a ballot. If it goes to the ballot it's each voter's responsibility to get the facts.
  15. timothymyers02Wednesday, May 7th, 2014 at 3:51 pm
    BrittanyC It is an old political maneuver (Trick?) to make a false equivalent. Therefore, the City Council has falsely equated the removal of billboards to the installation of digital billboards and money for the Senior Center, but the City certainly has ways of removing billboards and funding the senior center WITHOUT installing electronic billboards.

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