Carlson

Defendants Mary A. Carlson, the City Clerk of Dana Point, and the City of Dana Point appeal from a judgment ordering Carlson to certify a referendum petition to the city council that challenges the council’s passage of a resolution adopting a general plan and a local coastal program land use plan amendment (hereafter the plan). The primary issue is whether the referendum is invalid under Elections Code section 4052 because plaintiffs failed to attach a copy of the plan to their petition.

Facts

Dana Point is a general law city incorporated on January 1,1989. Defendant Carlson is the Dana Point City Clerk. Plaintiffs reside in Dana Point and are members of a group named the Dana Point Action Coalition.

On July 9, 1991, the Dana Point City Council approved a resolution adopting the plan. As amended, the fifth paragraph of the resolution declared, “The Plan is detailed in Exhibit ‘B’ attached hereto and incorporated herein by this reference. ...” The document attached as exhibit B was a one-page document stating, “Exhibit ‘B’ is the Draft General Plan and Local Coastal Program Land Use Plan Amendment dated February 25, 1991.” The coalition opposed the resolution and began…