HomeMy WebLinkAboutAgenda Bill 4B 09/14/2009. CITY
OF PETALUMA~ CALIFORNIA
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Agenda Title: Report from City Clerk on Certification of Petition for Meeting Date: September 14,
Initiative to Reduce City of Petaluma Wastewater Service Rates to Rates in 2009
Effect on January 1, 2Q06. Discussion and Possible Action to: Adopt
Ordinance Reducing City of Petaluma Wastewater Service Rates to Rates in Meeting Time: 7:00 PM
Effect on January 1, 2006; or, Submit the Ordinance to the Voters Pursuant
to Subdivision (b) of California Elections Code Section 1045; or, Order a
Report Concerning the Initiative Pursuant to California Elections Code
Section 9212
Category: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ^ Unfinished Business ~ New Business
Department: Director: Contact Person: Phone Number:
City Clerk Claire Cooper Claire Cooper 778-4361
City Attorney Eric Danly Eric Danly 778-4362
Total Cost of Proposal or Proiect: Name of Fund:
Account Number:
Amount Budgeted: Current Fund Balance:
Recommendation: It is recommended that the City Council take the following action: Adopt the proposed
resolution attached as Exhibit E submitting the measure for the November 2, 2010 ballot.
1. ^ First reading of Ordinance approved unanimously, or with unanimous vote to allow posting prior to second reading
2. ^ First reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ^ Other action re uiring s ecial notice: Notice has been given, see. Attachment
Summary Statement: On January 15, 2009 a voter initiative was filed with the City Clerk. If approved, the
initiative would reduce the City wastewater service rates updated effective January 1, 2007; to rates established
by Resolution No. 2002-189, which were the rates in effect on January 1, 2006. A title and summary of the
initiative was provided to the initiative filer on January 29, 2009. On July 22, 2009, initiative proponents filed
with the City Clerk documents purporting to include 334 petition sections and 1586 signatures. The initiative
petition sections received on July 22 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.
In accordance with the Elections Code, the City Clerk must examine the petition sections and certify the results
of this examination. Once the City Clerk certifies the petitions, the Council must take one of three actions under
state elections law: 1) adopt the initiative without alteration at tonight's meeting, or a regular meeting within 10
days of tonight's meeting;2) submit the measure for the November, 2010 ballot; 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 tonight's meeting.
Attachments to Agenda Packet Item:
1. Notice of Intent to .Circulate and Certification Regarding Use of Signatures for March 6 Proposed Initiative
2. Title and Summary for Proposed Initiative
3. County Clerk's Certificate
4. City Clerk's Certificate
5. Resolution Submitting the Proposed Initiative for the November, 2010 Election -
Reviewed b Finance Director: Reviewed b Cit Attorne A r 't Mana er:
Da e: ,lp-Q Date: Date: ~ /~/ -d'"
Rev. # Date Last Revise File:
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9
~IT~ ®)F' PE')('AI,LIIVIA, ~AI,IF®RNIA
SEPTEMBER 14, 2009
AGENDA REPORT
FOR
REPORT FROM CITY CLERK ON CERTIFICATION OF PETITION FOR INITIATIVE TO REDUCE CITY OF
PETALUMA WASTEWATER SERVICE RATES TO RATES IN EFFECT ON ~IANUARY 1, 2000. DISCUSSION AND
POSSIBLE ACTION TO: ADOPT ORDINANCE REDUCING CITY OF PETALUMA WASTEWATER SERVICE RATES
TO RATES IN EFFECT ON .TANUARY 1~ 2OO6, OR, SUBMIT THE ORDINANCE TO THE VOTERS PURSUANT TO
SUBDIVISION (B) OF CALIFORNIA ELECTIONS CODE SECTION 1045; OR, ORDER A REPORT CONCERNING THE
INITIATIVE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9212
1. RECOMMENDATION: Adopt the proposed resolution attached as Exhibit E submitting the measure for
the November 2, 2010 ballot.
2. )BACKGROUND: A proposed initiative measure, notice of intent to circulate petition, certification
regarding use of signatures and filing fee was filed by James Fitzgerald on behalf of a group called
"Petalumans for Fair Utility Rates" ("PFUR") on January 15, 2009. The proposed initiative was
provided to the City Attorney's office for preparation of a ballot title and summary under Elections Code
Section 9203. The ballot title and summary were provided to Mr. Fitzgerald on January 29, 2009. The
initiative, notice of intent to circulate and certification regarding use of signatures are contained in
Attachment 1. The title and summary are contained in Attachment 2.
The initiative would reduce City wastewater rates to the rates in effect January 1, 2006. The initiative
also includes a severability clause and provides that it may only be amended by voter approval.
On July 22, 2009, Mr. Fitzgerald, on behalf of PFUR, filed documents purporting to include 333
initiative petition sections and 1,586 signatures, and asserting that 21,850 ballots were cast in Petaluma
for the November 2006 gubernatorial election, and that therefore, under Article XIIIC, Section 3 of the
California Constitution, 5% of the votes cast, or 1093 valid signatures were required for certification of
the measure.
The July 22 initiative petition submission was forwarded that day to the Sonoma County Clerk pursuant
to an agreement between the City of Petaluma and the County of Sonoma providing for the performance
of certain election services by the County Clerk.
On July 24, 2009, the County Clerk's office provided a certificate stating that the petitions were received
by the County Clerk on July 22, 2009; the petitions consisted of 333 sections and had attached to them
affidavits purported to be of the signature gatherers containing the dates the signatures were gathered,
and stating that signatures were signed in the gatherers' presence; that the County Clerk verified
signatures by examining County voter registration records, and that the County Clerk counted the
following signatures:
Unverified (raw count) 1,5.79
Verified signatures 1,370
Verified, sufficient signatures 1,169
Verified signatures not sufficient 201
The County Clerk's certificate also gave 1093 as the required number of signatures for certification, and
provided a statistical breakdown of the signatures checked. See Attachment 3.
2
DISCUSSION:
In accordance with the Elections Code, the City Clerk, as the City Elections Official, had 30 working
days from July 22, or until September 2, 2009, to examine the petition sections and determine their
sufficiency. If the City Clerk determined the petitions to be sufficient, the City Clerk must certify the
petitions to the City Council at the next regular City Council meeting, which is September 14, 2009.
The City Clerk's certification is contained in Attachment 4. Upon certification by the City Clerk,
Elections Code Section 9215 requires the Council to take one of three actions tonight concerning the
proposed initiative: 1) adopt the initiative measure, without alteration at tonight's meeting or a regular
meeting within 10 days of tonight's meeting; 2) submit the measure for the November 2, 2010 ballot
(staff recommendation, see Attachment 5, Resolution Ordering the Submission, etc.); 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 tonight's meeting.
4. FINANCIAL IMPACTS:
Potential financial impacts on the City are substantially similar, as to wastewater rates, to those outlined
in the report staff completed for the prior PFUR ballot initiative (May 11, 2007) and could include, in
addition to reduction of wastewater service rates for City wastewater customers: litigation costs related
to determining the initiative's validity; liability from defaulting on the State Revolving Fund loan;
liability from defaulting on outstanding wastewater revenue bonds; liability due to breach of matching
grant obligations; liability related to increased use of groundwater; reduced funding for City and
Petaluma Community Development Commission debt-funded projects; increased finance costs for the
wastewater enterprise and cancellation of existing City credit; present unavailability of debt financing; a
City liability for unfunded debt service; cuts in other City department operating budgets to replace lost
wastewater revenues from General Fund revenues; a reduced ability of the City's General Fund to grow
over time; and insolvency of the City if insufficient funds are available from other sources to replace lost
wastewater revenues and maintain essential services.
1290665.1
9/8/09 (fmk)
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NOTICE OF INTENT TO CIRCiJLATE PETITION
Notice is hereby given by the persons whose names appear hereon of their intention to circulate a petition
within the City of Petaluma for the purpose of reducing wastewater rate increases made in City Council
Resolution No. 2007-023.
A statement of the reasons of the proposed action as contemplated in the petition is as follows:
1) Many seniors, renters, small businesses and low-income families will not be able to afford
the huge rate increases adopted by the Petaluma City Council.
2) Development must contribute its fair share of the cost to increase the capacity of the
wastewater system and not unduly burden the existing~ratepayers.
3) The City of Petaluma has been misappropriating wastewater revenues to cover the general
fund expenditures in violation of the Charter of the City of Petaluma.
~~ ,~~~ ~'
Mr. es W. Fitzgera oard Member,
Pet umans for Fair Utility Rates
405 Via Gigi Street Petaluma, CA 94952
Initiative Measure to be Submitted to the Voters
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 of the
Petaluma City Council shall be reduced to the rates established by Resolution No.
2002-189, which were the rates in effect on January I, 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.
5
Certification by proponent of initiative measure; use of signatures
I, James W. Fitzgerald, acknowledge that it is a misdemeanor under state law
(Section 18650 of the Elections Code) to knowingly or willfully allow the
signatures on an initiative petition to be used for any purpose other than
qualification of the proposed. measure for the ballot. 1 certify that I will
not knowingly or willfully allow the signatures for this initiative to be
used for any purpose other than qualification of the measure for the ballot.
ames W. Fit ger
Dated this 7~}' day of January, 2009
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INITIATIVE TO REDUCE CURRENT CITY OF PETAI,UMA WASTEWATER
SERVICE RATES T® RATES IN EFFECT ON JANUARY 1, 2006
The initiative measure would reduce the wastewater service rate schedule established by
City of Petaluma Resolution No. 2007-23, effective February 1, 2007, to the rates that were in
effect on January 1, 2006 pursuant to City of Petaluma Resolution No. 2002-189.
If any provision or application of the initiative measure is held invalid, that invalidity is
not intended to affect any other provision or application of the initiative measure.
The initiative measure may not be amended except by subsequent voter approval
~~`
Dated: January 29, 2009 By ,/ ~`
Eric W. Danly
City Attorn~y, City of Petaluma
1187431.1
1
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CLERK'S CERTIFICATE
TO INITIATIVE PETITION
I, JANICE ATKINSON, SONOMA COUNTY CLERK AND REGISTRAR OF VOTERS, COUNTY
OF SONOMA, STATE OF CALIFORNIA, HEREBY CERTIFY:
That the Initiative to Reduce Current City of Petaluma Wastewater Service Rates to Rates in
Effect on January 1, 2006, Initiative petition was received 6y our office on July 22, 2009. Said
petition consists of 333 sections;
That each section contains signatures purporting to be the signatures of qualified electors in the
City of Petaluma, County of Sonoma;
That attached to each section of this petition at the time it was filed was an affidavit purporting to
be the affidavit of the person who solicited the signatures, and containing the dates between
which the purported qualified electors signed this petition;
That the affiant stated his or her own qualification, that he or she had solicited the signatures
upon that section, that all of the signatures were made in his or her presence, and that to the
best of his or her knowledge and belief each signature to that section was the genuine signature
of the person whose name it purports to be;
That I verified the required number of signatures by examining the records of registration in this
county, current and in effect at the respective purportive dates of such signing to determine
what number of qualified electors signed the petition, and from that examination I have
determined the following facts regarding this petition:
1) Number of unverified signatures filed by proponent (raw count) 1,579
2) Number of verified signatures 1,370
a) Number of signatures found sufficient 1,169
b) Number of signatures found not sufficient 201
(1} Not sufficient because duplicate 4
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 24th day
of Juty, 2009.
JANICE ATKINSON
SONOMA COUNTY CLERK-&~}-REGISTRAR OF VOTERS
BY: ~~ c ~~tL ~,~~.~.,~~ f;l.<~ Deputy
Debra Russotti, Deputy
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°~~; ~ Petition Result Breakdown
<.,
', 49 -Petaluma Reduce Wastewater Service Rates
Petaluma:Reduce l/Vastewate r Service Rates
Signatures Required 1093
Raw Count 1,579
Sample Size 1,579
Sigs Checked 1.,370
Sigs Not Checked 209
Sigs Valid 1,169
Sigs Invalid 201
Duplicated 4
Non-duplicate Invalids 197
''RESULT ABBR --
RESULT DESCRIPTION'
Approved - _ Approved 1,169
NotReg Not Registered 119
OutOfDist Out of District 7
Duplicate Signed more than once 4
RegLate Registered Late 2
RegDiffAdd Registered at a Different Address 37
Cantldntfy Cannot Identify 3
NoResAdd No Residence Address Given 6
SigNoMatch Signatures Don't Match 23
'CMR012 -Petition Result Breakdown
printed: 7/24/2009 8:37:28AM
' Percent of
Sigs Checked
85.3
14.7'%
0.0
14.0
85.3%_ _--
8.7
0.5
0.3 %
0.1 %
2.7
0.2
0.4 %
1.7
Percent of
Sample Size
13.2
74.0 % .
12.7
0.3
12.5
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Page 1 of 1
P.+}ac.l~,K,en'~ ~
City Clerk's Certification
(Cal. Elec. Code §9114)
Initiative to Reduce City of Petaluma Wastewater Service hates
to hates in Effect on January 1, 2006
The following certification is, made by the Petaluma City Clerk in her capacity as
Elections Official for the City of Petaluma pursuant to Elections Code Section 9114 and
other applicable law. In accordance with Section 91.14 the Elections Official is required
to examine initiative petitions and to determine whether they are signed by the requisite
number of voters within 30 days (excluding Saturdays, Sundays, and holidays) from the
date of the filing of the petition, and, if the petition. is found sufficient, to certify the
results of the examination at the next regular meeting of the legislative body.
Factual Background
On January 15, 2009, James Fitzgerald filed an initiative measure, notice of intent
to circulate petition and certification regarding use of signatures for an initiative on
behalf of a group called "Petalumans for Fair Utility Rates" ("PFUR") that would reduce
the City of Petaluma wastewater service rates to rates in effect January 1, 2006. The
initiative measure also provided that it could not be amended except by voter approval
and included a severability provision.
The measure was submitted to the City Attorney for'preparation of ballot title and
summary which were provided to Mr. Fitzgerald on January 29, 2009.
On July 22, 2009; :initiative proponents filed documents purporting to include 333
petition sections containing 1,586 signatures, and asserting that 21,850 ballots were cast
in Petaluma for the November 2006 gubernatorial election, and that therefore, under
Article XIIIC, Section 3 of the California Constitution, 5% of the votes cast or 1093 valid
signatures are required for certification of the measure.
The July 22, 2009 submission was forwarded. that day to the Sonoma County
Clerk pursuant to an agreement between the City of Petaluma and the County of Sonoma
providing for the performance of certain election services by the County Clerk.
On.JUIy 24, 2009, the County Clerk's office provided a certificate stating that: the
petitions were received by the County Clerk July 22, 2009, the petitions consisted of 3'33
sections and had attached,affidavits purporting to be of the signature gatherers
containing:-the dates. the signatures were gathered and stating that signatures were signed
in the gatherers' presence; that the County Clerk verified signatures by examining County
voter registration records; and the County Clerk counted the following signatures:
Unverified (raw count) 1,579
Verified signatures 1,370
Verified, sufficient signatures 1,169
to
Verified signatures not sufficient .201
Verified signatures not sufficient because
duplicate 4
The County Clerk's certificate also gave 1093 as the required number of
signatures for certification.
Certification
The undersigned has examined the petition sections submitted July 22, 2009 in
accordance with California Elections Code Section 9114 and the substantive and
procedural requirements contained in California Elections Code Section 9200 et seq., and
certifies that:
1. The required number of signatures to qualify the initiative for the ballot is
1093 in accordance with Article XIIIC, Section 3 of the California
Constitution and California Elections Code Section 9035.
2. The petition includes: 1,169 sufficient. signatures in accordance with the
requirements of California Elections Code Section 9200 et seq. and other
applicable law, and therefore is sufficient pursuant to California Elections
Code Section 9114.
Claire Cooper Date
Petaluma City Clerk
1290929.1
/~t~o,.ck,me.r, ~ S
Resolution No. 2009 X.~X N.C.S. of the City of Petaluma, California
A.RESOLUTION OF THE CITE' COUNCIL
OF TIIE CITY OF PETALUMA ®RDERIN.G THE SUBMISSION
TO THE QUALIFIED.ELECT'OItS OF TLIE CITY OF AN
ORDINANCE TO REDUCE CITY OF PETALUMA
WASTEWATER RATES TO RATES IN EFFECT ON .IANUARI' 1,
2006 AT 'I'IIE GENERAL, MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER Z., ZO10, REQUESTING TIIE
SONOMA COUNT' BOARD OF SiJPEItVISORS TO
CONSOLIDATE SAID ELECTI®N WITH `TILE N®VEMBER 2,
2010 STATEWIDE GENERAL ELECTION AND PROVIDING
FOR SUBMISSION OF BAL,L,OT 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
WHEREAS, 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
WI~IEIZEAS, Elections: Code Section 921.5 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)
12
EXI~I~ I'T 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
of the Petaluma City Council shall be reduced to the rates established by
Resolution No. 2002-189, 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.
1285100.3
1'~
submif 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
WIJEREAS, the City Clerk has certified. the sufficiency of the petition in accordance
with Elections Code Section 9114 and other applicable law; and
Wl~IE1ZEAS, November 2, 2010 is the date of the City's next regular municipal election;
and
WIFIEREAS, 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
W~IEftEAS, 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
WIJEREAS, 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, TIE CITY COUNCIL OF 'I'IJE CITY OF
PETALUMA DOES HEREBY RESOLVE AS FOLLOW:
1. Pursuant to the requirements of the City of Petaluma Charter, California
Elections Code Section 921.5(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
"Shall an ordinance be adopted to reduce City of Petaluma
wastewater .service ,rates to rates in effect on January 1, 2:006? YES
NO
ly
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, 20'10. 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.
(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 ame 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 Moiidav..lugust
1 ~,. 20:1.0.
15
(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 t_he 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.
(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 CityAttorney 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 maybe 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 fhe 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
Ib
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 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.
PASS'ED,AND ADOPTED this 14th day of September, 2009, by the following
vote:
AYES.:
NOES:
ABSENT:
ABSTAIN:
Pamela Torliatt, Mayor
Claire Cooper, City Clerk
l~