HomeMy WebLinkAboutAgenda Bill 4BPart3 06/21/2010+~t~achrnen~' 2
Resolution No. 2009-170 N.C.S.
of the City of Petaluma, California
OI;.DERING' THE'; SUBMISSION TO 'T1FIE QUALIIFIEI) ELECTORS OF TIIE CITY OF
.AN ORDINANCE ~'O REIDi1CE CITY OF PETALiJ1VIA v1!ASTEWATER RATES. TO
RATES IN EI••FECT ON JANUARY 1, 2006 AT TIDE GENERAL 1VIUNICIPAL
ELEC'd'IO1V TO BE HELD ON TiJES1DA~, NOVEIVIBER 2, 2010,, REQUESTING THE
~ SONOIVIA,'COUNTY`BOARD OF SUPERVISORS TO CONSOLIDATE SAID
ELECTION WITH TIIE NOVElVIBEIt 2, 2010 STATEWIDE GENERAL EI.EC'TION
AND PROVIDING FOR SUBMISSION OF' BALLOT ARGUMENTS AND REBUTTALS
WHEREAS, on January 15; 2~~~; a oter 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, 20.09, proponents of the :initiative f led with the City Clerk
docurraents purporting to include 333 petitionsections containing 1,5$6 signatures; and,
l WHEREAS,. the .initiative petition sections received July~22, 2009, were .forwarded to
the Sonoma County Clerk pursiiarit`to an agreement between the City of Petaluma and the
County of Sonoma concerning the provision of certain election services; arid,
WHEREAS, the County Clerk .has. provided a certificate concerning review of the
petition sections; and,
WHEREAS, Elections Code. Section 9`114 requires the City Clerk; as the City Elections
Official, io examine such petition sections;:and determine the sufficieriey thereof within 30
working days (excluding holidays) of.filirig of the petition, or by September 2; 2009,City
Conch meeting; and,
WHEREAS, Elections Code Section 9114 provides that iftlie City Clerk determines the
petitigns 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 certif cation by the Cify
Clerk to the City Council, the: City Council must take one of three actions. prescribed`under that
section; namely: 1).adgpt the grdinance, without alteration, at-the meeting at which tfie 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 conceming 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 certif ed; and; '
WI1<EREAS, 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
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WHEREAS, November 2, 2010 is the date of the City s next regular municipal elecrion;
and,
WHERIFAS, .Section 4 of Article III of the Petaluma City Charter provides that except as
otherwise specified, in-the Charter, ah regular and special city elections are to be hetd in
accordance with tihe Elections Code, as amended; and,
i
~ WHEREAS, Section. 76 of,Article XIT of the Petaluma City Charter provides that
ordinances may be enacted `by and for the. city pursuant to Division 4 '(now Division 9) of
Chiapter 3, Article 1 of the Elections Code, as amended; and,
W)FIEREAS; 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 COUNCII.OF THE CITY OF PETALIIIVIA
IDOES HEREI3Y RESOLVE AS FOLLOW:
l . 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 wouldxeduce City of Petaluma wastewater service rates
to dates in effect on January ], 2006.
2. The ballot .language for the proposed ordinance. shall be as follows:
1VIEASURE
~ -
f Pefalu
a
din
educ
Cit
e b
t
d t
:
"Sh
ll
ad YES
m
anc
y o
. an or
e
op
e
o
r
e
a
wastewater service. rates. to rates in ;effect on January 1„2006?
N0
I 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 measureset forth in Section 2 shall be held in
conjunction with the municipal election to beheld in-the City ofPetaluma 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:instructons 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.
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(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 tlie, 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 againstahe.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)'ofthe 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 fits principal officers.. Arguments are due in the office of the City .
Clerk prior to 5:00 p.m. on Monday, .August 16, 2010.
i
~ (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 dulynotieed meeting of the City Council. In accordance with
Elections Code Section 9287, any coun"cil members, authorized b.y 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 f ye 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 eogperafe with members of the community and/or interested
parties and/or organizations to .prepare a draft argument against the measure.
6. (a) Pursuant fo'El'ectons Code Section 9285, whenthe.City Clerk has selected
the arguments: for -and against the: measure; that will be printed and distributed. to the ~Yoters, 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, onlythe 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.
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(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 appl"y to: the election to be held on November 2, 201.0, and following the
conclusion. of that election are repealed.
7. In accordance with Elections Code Section.9280, the City Attorney is directed to
f le with the City Clerk. by August 16, 201 b, an impartial analysis of'the measure, not to exceed
fivei;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 authori"zed .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 thisresolution with.the
Board of Supervisors of Sonoma County and the Sonoma~County Elections Department on or
before August 6, 20.10. The'City Clerk is hereby authorized and' directed o 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 newspaperr:of the City of Petaluma, in accordance with California Elections Code Section
1211...1 and California Government Code Section 606'T. A copyof 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.tnanner as required by law.
I (b) In all particulars not recited in this resolution,, the election shall be held
and;conducted as provided by law for holding municipal elections.
Underthe power and authority conferred upon this;,Council;by the Charter of said
REFERENCE: I hereby°certify the foregoing Resolution was introduced' and adopted by A proZ as to
the Couhcil of the City, of Petaluma at-a Special meeting on the 13`h day of m:~
October, 2009, by the following vote:
AYES: Vice Mayor Barrett, Glass, Harris, Healy, Babbitt, Renee, Mayor Torliatt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Deputy City Clerk
Resolution No. 2009-170 N.C.S. Page 4
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EXI~IBIT A 'I'® RES®LiJ'i'ION 2009-170 N.C.S.
The People of the City of Petaluma do ordain as follows:
SECTION Ic 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:invaldity 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.
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