HomeMy WebLinkAboutResolution 2007-114 N.C.S. 06/18/2007 Resolution No. 2007-114 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ORDERING A REPORT PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION
9212 CONCERNING THE POTENTIAL FISCAL, GENERAL PLAN AND ZONING,
LAND USE, INFRASTRUCTURE, AND OTHER IMPACTS OF A PROPOSED
INITIATIVE 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
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; anal,
WHEREAS, California Elections Code Section 9114 further provides that if such
petition is found insufficient, no further action shall 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 2008 election), or 3) order pursuant to Elections Code section
9212 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-I 14 N.C.S. Page 1
WHERIEAS, the City Clerk has certified the sufficiency of the petition in accordance
with California Elections Code Section 9114 and other applicable law; and,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as
follows:
1. City staff are ordered in accordance with California Elections Code Section 9212 to
review the proposed initiative certified by the Petaluma City Clerk on June 18, 2007
pursuant to California Elections Code Section 9114, and staff are further ordered to
report to the City council on any and all significant potential impacts of the initiative
including, but not limited to, the potential fiscal, general plan and zoning, land use,
housing, infrastructure, business retention and employment, agricultural, and
redevelopment impacts of the proposed initiative.
2. In accordance with California Elections Code Section 9212, such report shall be
presented to the City Council no later than 30 days after the Elections Officer certifies
to the Council the sufficiency of the petition.
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 r ve as to
Council of the City of Petaluma at a Regular meeting on the 18"' day of June, 2007, rn
by the following vote:
_ _ _ City orney
AYES: Barrett, Freitas, Harris, Vice Mayor Nau, Rabbitt, Mayor Torliatt - -
NOES: None - -
ABSENT: O'Brien -
ABSTAIN: None - _
ATTEST:
City Clerk ayor
Resolution No. 2007-I 14 N.C.S. Page 2