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HomeMy WebLinkAboutResolution 2007-131 N.C.S. 07/16/2007 Resolution No. 2007-131 N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF AN ORDINANCE TO REDUCE CITY OF PETALUMA WASTEWATER AND WATER SERVICE RATES TO RATES IN EFFECT ON JANUARY 1, 2006 AND PROVIDE FOR SPECIFIED ANNUAL ADJUSTMENTS THERETO, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, REQUESTING T>FIE SONOMA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE NOVEMBER 4, 2008 STATEWIDE GENERAL ELECTION AND PROVIDING FOR SUBMISSION OF BALLOT ARGUMENTS AND REBUTTALS WHEREAS, on March 6, 2007, a voter initiative was filed with the Petaluma City Clerk which, if approved by a majority of City voters, would reduce the City water and sewer service rates updated effective January 1, 2007, to rates in effect January 1, 2006, and provide for specified annual rate increases thereafter; and, WHEREAS, on March 20, 2007 a title and summary of the initiative was provided to the initiative filer; and, WHEREAS, on May 11, 2007, proponents of the initiative filed with the City Clerk documents purporting to include 513 petition sections containing 1937 signatures; and, WHEREAS, the petition sections received May 11 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, Section 9114 of the California Elections Code requires the City Clerk, as the City Elections Official, to examine such petition sections and certify the results of the examination within 30 working days (excluding holidays) of filing of the petition, or by the July 2 City Council meeting; and, WHEREAS, California Elections Code Section 9114 fitrther provides that if such petition is found insufficient, no further action may be taken on the petition; and, WHEREAS, California Elections Code Section 9215 requires that if such petition is found sufficient, 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 California Elections Code Section 1405, subdivision (b) at the next regular municipal election (the November 4, 2008 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, Resolution No. 2007-131 N.C.S. Page 1 WHEREAS, the City Clerk has certified the sufficiency of the petition in accordance with California Elections Code Section 9114 and other applicable law; and, WHEREAS, November 4, 2008 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 be held in accordance with the California Elections Code, as amended; and, WHEREAS, Section 76 of Article XII of the Petaluma City Charter provides that ordinances may be enacted by and for the city pursuant to Division 4 of Chapter 3 of Article 1 of the California Elections Code, as amended; and, WHEREAS, provisions of the California 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: l . Pursuant to the requirements ofthe 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 4, 2008, an election for the purpose of submitting to the voters a measure that would reduce the current City of Petaluma Wastewater and Water service rates to rates in effect on January 1, 2006 and provide for specified annual adjustments thereto. 2. The ballot language for the proposed ordinance shall be as follows: MEASURE "Shall an ordinance be adopted to reduce City of Petaluma YES wastewater and water service rates to rates in effect on January 1, 2006 and provide for specified annual adjustments thereto?" NO 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 4, 2008. 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 Resolution No. 2007-131 N.C.S. Page 2 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 California Elections Code. (c) The election for the measure set forth in Section 2 shall be held in Sonoma County in the City of Petaluma on November 4, 2008, 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 California 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 may be signed by not more than five persons. (b) In accordance with California 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 California Elections Code Section 92$3, 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 of its principal officers. Arguments are due in the office of the City Clerk prior to 5:00 p.m. on Monday, August 18, .2008. (d) Council Members are hereby authorized 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 California Elections Code Section 9287, any council members that oppose the measure may sign the argument against the measure. However, in accordance with California 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. 6. (a) Pursuant to California 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. Resolution No. 2007-131 N.C.S. Page 3 (b) Rebuttal arguments shall not exceed two hundred fifty words and may be 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 may be different persons than the persons that signed the direct arguments. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on Thursday, August 28, 2008. (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 4, 2008 and following the conclusion of that election are repealed. 7. In accordance with California Elections Code Section 9280, the City Attorney is directed to file with the City Clerk by Monday, August 18, 2008, 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 Friday, August 8, 2008. 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 12111 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 bylaw. (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 the oved s to Council of the City of Petaluma at a Regular meeting on the 16`" day of July, 2007, orm: by the following vote: City Aye ney AYES: Barrett, Freitas, Harris, Vice Mayor Nau, O'Brien, Mayor Torliatt ~ NOES: None ABSENT: Rabbitt ABSTAIN: None ATTES _ City Clerk ayor Resolution No. ?007-131 N.C.S. = Page 4 EXI-~I~IT A 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: The rate schedule for water service set forth in Resolution No. 2007-022 N.C.S. of the Petaluma City Council shall be reduced to the rates established by Resolution No. 2002- 191 N.C.S., which were the rates in effect on January 1, 2006. SECTION III: This measure may not be amended except upon voter approval; provided, however, that water and wastewater rates maybe increased annually, starting with the next fiscal year following passage of this initiative, not to exceed the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) San Francisco-Oakland-San Jose (1967 = 100) for the preceding published 12-month period. SECTION IV: 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. Resolution No. 2007-131 N.C.S. Page 5