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HomeMy WebLinkAboutResolution 2009-170 N.C.S. 10/13/2009resolution No. 2009-170 N.C.S. of the City of Petaluma, California ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF AN ORDINANCE TO REDUCE CITY OF PETALUMA WASTEWATER RATES TO RATES IN EFFECT ON JANUARY 1, 2006 AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, REQUESTING THE SONOMA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE NOVEMBER 2, 2010 STATEWIDE GENERAL ELECTION AND PROVIDING FOR SUBMISSION OF BALLOT ARGUMENTS AND REBUTTALS WHEREAS, on January 15, 2009, a voter initiative was filed with the Petaluma City Clerk which, if approved by a majority of City voters, would reduce the City wastewater service rates to rates in effect January 1, 2006; and, WHEREAS, on January 29, 2009, a title and summary of the initiative was provided to the initiative filer; and, WHEREAS, on July 22, 2009, proponents of the initiative filed with the City Clerk documents purporting to include 333 petition sections containing 1,586 signatures; and, WI~EREAS, the initiative petition sections received July 22, 2009, were forwarded to the Sonoma County Clerk pursuant to an agreement between the City of Petaluma and the County of Sonoma concerning the provision of certain election services; and, WHEREAS, the County Clerk has provided a certificate concerning review of the petition sections; and, WHEREAS, Elections Code Section 9114 requires the City Clerk, as the City Elections Official, to examine such petition sections and determine the sufficiency thereof within 30 working days (excluding holidays) of filing of the petition, or by September 2, 2009,City Council meeting; and, WHEREAS, Elections Code Section 9114 provides that if the City Clerk determines the petitions to be sufficient, the Clerk shall certify the results of her examination to the City Council. at its next regular meeting; and, WHEREAS, Elections Code Section 92.15 requires that upon certification by the City Clerk to the City Council, the City Council must take one of three actions prescribed under that section, namely: 1) adopt the ordinance, without alteration, at the meeting at which the petition is certified, or a regular meeting within 10 days of that meeting, 2) submit the ordinance to the voters pursuant to Elections Code Section 1405, subdivision (b) at the next regular municipal . election , or 3) order staff to submit a report concerning potential fiscal, general plan and zoning, land use, infrastructure, and other impacts of the initiative within 30 days of the meeting at which the petition is certified; and, WHEREAS, the City Clerk has certified the sufficiency of the petition in accordance with Elections Code Section 9114 and other applicable law; and, Resolution No. 2009-170 N.C.S. Page 1 WHEREAS, November 2, 2010 is the date of the City's next regular municipal election; and, WHEREAS, Section 4 of Article III of the Petaluma City Charter provides that except as otherwise specified in the Charter, all regular and ,special city elections are to beheld in accordance with the Elections Code, as amended; and, WHEREAS, Section 76 of Article XII of the Petaluma City Charter provides that ordinances. maybe enacted by and for the city pursuant to Division 4 (now Division 9) of Chapter 3, Article 1 of the Elections Code, as amended; and, WHEREAS, provisions of the Elections Code set forth the procedures and requirements for the submission of measures to the voters, including: consolidation of municipal and statewide elections, placement on the ballot, amendment and withdrawal, submission of ballot arguments, preparation of impartial analysis and rebuttal arguments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES HEREBY RESOLVE AS FOLLOW: 1. Pursuant to the requirements of the City of Petaluma Charter, California Elections Code Section 9215(b) and other applicable law, there is called and ordered to be held in the City of Petaluma, California, on Tuesday, November 2, 2010, an election for the purpose of submitting to the voters a measure that would reduce City of Petaluma wastewater service rates to rates in effect on January 1, 2006. 2. The ballot language for the proposed ordinance shall be as follows: MEASURE YES "Shall. an ordinance be adopted to reduce City of Petaluma wastewater service rates to rates in effect on January 1, 2006? N® 3. The measure to be approved by the voters pursuant to Section 2 of this resolution is as set forth in Exhibit A attached hereto. 4. (a) An election on the measure set forth in Section 2 shall be held in conjunction with the municipal election to be held in the City of Petaluma on Tuesday, November 2, 2010. In accordance with the Petaluma City Charter and California Elections Code Section 10403, the City Council requests that the Board of Supervisors of Sonoma County consolidate the election on the measure with the statewide general election on the same day and issue instructions to the Sonoma County Election Department to take any and all steps necessary for the holding of the consolidated election. (b) The election on the measure set forth in Section 2 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and the Elections Code. Resolution No. 2009-170 N.C.S. Page 2 (c) The election for the measure set forth in Section 2 .shall be held in Sonoma County in the City of Petaluma on November 2, 2010, as required by law, and the Sonoma County Election Department is authorized to canvas the returns of that election with respect to the votes cast in the City of Petaluma. (d) At the next regular meeting of the City Council of the City of Petaluma occurring after the returns of the election for the measure set forth in Section 2 have been canvassed .and the certification of the results to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. 5. (a) In accordance with Elections Code Section. 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and maybe signed by not more than five persons. (b) In accordance with Elections Code Section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum:. "Argument Against Measure " or, "Argument For Measure " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with Elections Code Section 9283, printed arguments submitted to voters in accordance with Section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization the name of the organization and the printed name and signature of at least one of its principal officers. Arguments are due in the office of the City . Clerk prior to 5:00 p.m. on Monday, August 16, 2010. (d) The City Council may authorize, by motion, a member or members to prepare a draft argument against the measure and to return the draft for consideration and adoption by the City Council at a duly noticed meeting of the City Council. In accordance with Elections Code Section 9287, any council members authorized by the City Council to do so may sign the argument against the measure. However, in accordance with Elections Code Section 9283., if the argument against the measure is signed by more than 5 council members, only the signatures of the first five council members to sign the ballot argument will be printed with the ballot argument. (e) Alternatively, the City Council may authorize, by motion, a member or members of the City Council to cooperate with members of the community and/or interested parties and/or organizations to prepare a draft argument against the measure. 6. (a) Pursuant to Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed two hundred fifty words and maybe signed by more than five persons, however, only the first five persons to sign will be printed with the ballot measure. The persons that sign the rebuttal arguments maybe different persons than the persons that signed the direct arguments. Resolution No. 2009-170 N.C.S. Page 3 (c) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on Thursday, August 26, 2010. (d) All previous resolutions providing for the filing of rebuttal arguments for City of Petaluma measures are repealed. The provisions of this resolution concerning rebuttal arguments shall only apply to the election to be held on November 2, 2010, and following the conclusion of that election are repealed. 7. In accordance with Elections Code Section 9280, the City Attorney is directed to file with the City Clerk. by August 16, 2010, an impartial analysis of the measure, not to exceed five hundred words, showing the effect of the measure. 8. The City of Petaluma recognizes that additional costs may be incurred by the County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. 9. (a) The City Clerk is directed to file a certified copy of this resolution with_~the Board of Supervisors of Sonoma County and the Sonoma County Elections Department on or before August 6, 2010. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the measure attached as Exhibit A to be published once in a newspaper of general circulation, or any other newspaper designated as the official newspaper of the City of Petaluma, in accordance with California Elections Code Section 1211.1 and California Government Code Section 6061. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in time, form and manner as required by law. (b) In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by A~pro~ as to the Council of the City of Petaluma at a Special meeting on the 13`~ day of „// m:~ October, 2009, by the following vote: AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: Deputy City Clerk City Resolution No. 2009-170 N.C.S. Page 4 EXHIBIT A TO RESOLUTION 2009-170 N.C.S. The People of the City of Petaluma do ordain as follows: SECTION I: The rate schedule for wastewater service set forth in Resolution No. 2007-023 N.C.S.. of the Petaluma City Council shall be reduced to the rates established by Resolution No. 2002-189 N.C.S., which were the rates in effect on January 1, 2006. SECTION II: If any provision of this measure or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications, and to this end the provisions of this measure are severable. SECTION III: This measure may not be amended except upon voter approval. Resolution No. 2009-170 N.C.S. Page 5