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HomeMy WebLinkAboutAgenda Bill 5.B 06/07/2004 (2)a; REVISED - ITEM S.B CITY OF PETALUMA, CALIFORNIA AGENDA BILL Aenda Title Meeting Date June 7, 2004 Report From City Clerk on Certification of Signatures Gathered, for Campaign Finance Ordinance Initiative Petitions. Discussion `arid. Meeting Time S 3 :00 PM Possible Action to Adopt the Ordinance or Action to Place the ❑ 7:00 PM Measure on the November 2, 2004 General Municipal Election Ballot. Category (check one) ❑ Consent. Calendar ❑ Public Hearing (T New Business ❑ Unfinished Business ❑ .Presentation Department Director Contact Person Phone Number City Clerk Gayle Pe ersen Gayle Petersen (707) 778 -4361 Cost of Proposal Approximately $6,000 - $10,000 Account Number Amount Budgeted $ -0- Name of Fund Attachments to Agenda Packet Item Certification from Registrar of Voters Office Regarding; Verification of Signatures. Resolution of the City Council of City of Petaluma, California; Ordering the Submission to the Qualified Electors of the City of a ;Certain measure Relating to Campaign Finance at the General Municipal Election to be, Held on Tuesday, November 2, 2004, and Requesting the Sonoma County Board of'Supervisors to Conso' lidate Said Election v ith"the November! 2004 Presidential Election. Exhibit "A" — Proposed Ordinance Resolution of the City Council_ of the City of Petaluma,,, California, Providing for the Filing of Arguments for City Measures Submitted at the November 2, 20.04 ,General Municipal Election and Directing the City Attorney to Prepare an..Impartia'l Analysis' of the Measure. Resolution of the City Council" 'of the City° of Petaluma, California Providing for the Filing of Rebuttal Arguments for .City Measures' Submitted at Municipal Elections. Summary Statement A Notice of Intent to Circulate, Petitions regarding a ballot initiative to adopt a proposed Campaign Finance Ordinance "was filed with the City Clerk on March 19, 2004. The actual petitions were circulated, signed and submitted for verification with the City Clerk on May 7, 2004. The number of Valid signatures to qualify 'for the November 2, 2004 Ballot was estimated to be 2,708. The County Registrar of Voters "Office, verified the petitions and has submitted a certification to the City Clerk's Office indicating the initiative petitions have qualified. There were approximately 3,978 signatures submitted. The ROV verified 3,486 "signatures and found 2,784 to be sufficient. Recommended City Council Action /Suggested Motion Options: ➢ Adopt the ordinance, without alteration, at the regular meeting at which the certification of the petition _ • is presented, or within 10 :days after it is presented: ➢ Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405, unless the ordinance petitioned for is required.to be, or for some reason is, submitted to the voters at a special election pursuant to subdivision (a) of Section 1405.. ➢ Order a report pursuant to Section 92.12 at the regular meeting at which the certification of the petition, is presented. When the report is presented to'the legislative body, the legislative body shall either adopt the ordinance within 1.0 days or order an election pursuant to subdivision (b).. Reviewed by Finance Director I Revied lly, Ljt_g2ttrney Revision # and Date Revised File Code # 0 J Page 2 ' ' H CITY OF PETALUMA, CALIFORNIA JUNE 7,'2004 AGENDA REPORT' Discussion and Direction Regarding Certification.of Signatures for the Proposed Campaign Finance Ordinance. 1. EXECUTIVE SUMMARY A Notice of Intent to Circulate Petitions regarding a ballot initiative to adopt a proposed Campaign Finance, Ordinance was filed with the City ;Clerks Office on March 19,_2004. The actual petitions were circulated, signed and' submitted for verification with the City Clerk on May 7. 2004. The number of valid signatures to qualify for the November 2, 2004 Ballot was estimated to be 2,708. The County Registrar of Voters Office verified the petitions and has submitted a certification to the City 'Clerk's Office indicating the initiative•petitidnshave qualified. There were approximately 3,978 signatures submitted. The ROV verified, 3,486 signatures and: found 2 to be sufficient. 2. BACKGROUND The California Elections Code Chapter 3. Article 'l dictates the Initiative process. The proponent of'' this petition adhered to this process and followed all the appropriate procedures. 3. ALTERNATIVES The City Council has the following options according: to Section 9215 of the California Elections Code: (a) Adopt. the ordinance, without alteration, at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented: (b) Submit the. ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405. unless the ordinance petitioned for is reauired to be. or for some reason t: ,I 4. FINANCIAL.. IMPACTS According to the County Registrar's Office, placing a measure on the November 2 '2004 Municipal Election ballot would cost approximately $6,000 to $10,000. 5. ' REGO1V MENDATION It is recommended that the City Council choose one of the following options: a. Adopt the ordinance, without alteration, at. the regular meeting at which the certification, of the petition is presented, or within LO days after it is, presented: b. Submit the ordinance, without alteration, to °the voters ,pursuant to subdivision (b) of Section `1405; unless the ordinance petitioned for is required to be or for some reason is, submitted to the voters at a special election pursuant to subdivision (a) of Section 1, .405. c. Order a report- pursuant to Section 9212 at the regular meeting at, which' _the certification of the petition is presented. When the report is presented to the legislative body, the legislative body shall either adopt the ordinance within PO days or order an election pursuant subdivision (b). Should the City Council choose to place the pleasure on the ballot, it is recommended that .the Council adopt the proposed Resolutions placing the measure on the ballot, setting forth the guidelines for the filing of arguments and a resolution providing for rebuttals.. 1 .• PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS CITY FOR'CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS. WHEREAS, § 9220 and 9285 of the Elections code of the State of California authorizes the City council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, DOES RESOLVE; DECLARES DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the measure which will be. printed and distributed to the voters, the Clerk shall send copies of the argument in favor of th'e measure to the authors of the argument against and copies 'of the org urn ent' against to the authors of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The'`rebuttal arguments shall be filed with the City Clerk, accompanied by the printed name(s) .and ' : signature(s) of the person(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, not more than 10 days after the =final date for filing direct arguments. Rebuttal arguments, shall be printed in the same manner as the direct arguments. Each rebuttal argument 'sh'all immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 2, 2004 and shall then be repealed. SECTION 4. That the °City Clerk shall certify.to.the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON June 7, 2004. 0