Loading...
HomeMy WebLinkAboutAgenda Report - June 7, 2006 K-02 ERAGENDA ITEM )4w;k% CITY OF LOBI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt 1) Resolution Accepting Certificate of Sufficiency of Petition for the Water Rate Paduction Initiative Submitted by Jane Lea and Dawn Squires; and 2) Resolution to Place the Measure on the Ballot for the November 7, 2006, General: Municipal Election MEETING DATE: June 7, 2006 PREPARED BY: City Clerk RECOMIISEF © ACTION: That the City Council adopt 1) resolution accepting Certificate of Sufficiency of Petition for the Water Rate Reduction Initiative submitted by Jane Lea and Dawn Squires; and 2) resolution to place the measure on the ballot for the November 7, 2006, General Municipal Election. BACKGROUNDINFORMATION: On February 10, 2006, Jane Lea and Dawn Squires filed ars intention to circulate a petition, which was accompanied by the text of the initiative (see Exhibit A to staff report). On May 5, 2006, the petition was filed in the City Clerk's Office, and a prima facie check was conducted in accordanoe with Elections Code §9210. Subsequently, the San Joaquin County Registrar of Voters conducted a random sample examination of the petition and determined the projected number of valid signatures to be 4,020, which was more than the 2,967 (i.e. 10% of the voters of the city) required signatures to qualify. The Registrar's certification of the petition is attached as an exhibit to the City Council resolution accepting the Certificate of Sufficiency. In accordance with Elections Code §9114, the City Clerk hereby certifies the results of the examination to the City Council. Elections Code §9215 states in part that if the initiative petition is signed by not less than 10 percent of the voters of the city, the legislative body shall do one of the following: (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. The election for a municipal initiative that qualifies pursuant to Section 9215 shall be held at the jurisdiction's next regular election. (c) Order a report at the regular meeting at which the certification of the petition is presented (see Exhibit B to staff report). When the report is presented to the legislative body, the legislative body shall order an election pursuant to subdivision (b). APPROVED: /'" Blair Kin , City Manager council/councornllnitiativewaterRate.doe Adopt " upon C8rtilPca of Petition for 41�itef ta. tAktethre by Jana Le, and DawnSqui and 0) 1 to A the Aiossre on the B N& f6r thONtov % «anMral ,Wn• Biac w June 1, Page Two FISCAL MIPA T: $1900 v4ke expowded for the cost of pd#ition sigmturh examintMion by the San Jo in County Registrar of Voters, and it is meted to ooat betwOO $6,000 * $10,000 to place the measure on the November 7, 2006, ba#ot. IRU: None rewired at this time — included in the proposed 2006-07 City Clerk budget. Anach ynents EXHIBIT A WATER RATE REDUCTION INITIATIVE (Text of Proposed Ordinance) AN ORDINANCE BROUGHT BY THE PEOPLE OF THE CITY OF LODI REPEALING RESOLUTION NO. 2005-203 OF THE LODI CITY COUNCIL "A RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING WATER RATES" IN RESPONSE TOTHE WATER UTILITY TAXATION IMPOSED UPON THE PEOPLE Whereas regarding purpose. Whereas the City of Lodi has a legal responsibility to promote the public health, safety, and trust of the residents of the city of Lodi and Whereas the City of Lodi has instituted significant increases in water rates without sufficient public input for the purpose of cleaning up water contamination, the residents of the City of Lodi request the following ordinance to be placed on the next General Election ballot. SECTION 1: The resolution No. 2005-203 of the Lodi City Council "A resolution of the Lodi City Council establishing water rates" shall be repealed. SECTION 2: That the Levy of Charges imposed pursuant to section 13.08.010 of the Lodi Municipal Code shall be repealed. SECTION 3: That after the date that this ordinance is approved by the voters, all funds collected under the authority of Resolution No. 2005-203 of the Lodi City Council shall be refunded to the rate payers of the City of Lodi in a reasonable and prompt time frame. SECTION 4: This ordinance can only be repealed by a majority vote by the voters of the City of Lodi on a General Election ballot. SECTION 5: This ordinance is effective the day approved by the voters of the City of Lodi. EXHIBIT B CALIFORNIA ELECTIONS CODE 9212. (a) During the circulation of the petition, or before taking either action described in subdivisions (a) and (b) of Section 9214, or Section 9215, the legislative body may refer the proposed initiative measure to any city agency or agencies for a report on any or all of the following: (1) Its fiscal impact. (2) Its effect on the internal consistency of the city's general and specific plans, including the housing element, the consistency between planning and zoning, and the limitations on city actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of the city to meet its regional housing needs. (4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation, schools, parks, and open space. The report may also discuss whether the measure would be likely to result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to current residents and businesses. (5) Its impact on the community's ability to attract and retain business and employment. (6) Its impact on the uses of vacant parcels of land. (7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and developed areas designated for revitalization. (8) Any other matters the legislative body requests to be in the report. (b) The report shall be presented to the legislative body within the time prescribed by the legislative body, but no later than 30 days after the elections official certifies to the legislative body the sufficiency of the petition. RESOLUTION NO. 2006-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, ACCEPTING CERTIFICATE OF SUFFICIENCY OF PETITION FOR THE WATER RATE REDUCTION INITIATIVE WHEREAS, on May 5, 2006, the City Clerk's Office received an initiative petition from Jane Lea and Dawn Squires regarding water rate reduction; and WHEREAS, said petition must contain 2,697 valid signatures, which is 10% of the voters in the City of Lodi as last officially reported by the county elections office to the Secretary of State effective at the time the notice, title, and summary of the initiative was published (March 7, 2006); and WHEREAS, the San Joaquin County Registrar of Voters has conducted an examination of the petition and determined it to be sufficient. In accordance with Elections Code §9114, the City Clerk hereby certifies the results of the examination to the City Council as set forth in the attached Certificate of Sufficiency of Petition (marked Exhibit A). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby accepts the Certificate of Sufficiency for the initiative petition submitted by Jane Lea and Dawn Squires regarding water rate reduction. Dated: June 7, 2006 I hereby certify that Resolution No. 2006-109 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 7, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS — None ASSENT: COUNCIL MEMBERS — Mayor Hitchcock ABSTAIN: COUNCIL MEMBERS — None N�FMPERRIN Interim City Clerk 2006-109 DWORAH S. HENgi RB6E6TW OF VOTED ah@mh4Mcray.0r9 AUSTIN G ERDMA N ASST RstiMMM OF V0*1kS 2MMOB-2M ae di 109Jcraw.0r0 Wy 15, 2006 S06an Blackston City Clerk C#y of Lodi P 0. Box 3006 Lodi, CA 95241-190 Dear Ms. Blackston: SAN JOAQUIN COUNTY REGISTRAR OF VOTERS 212 NORTH SAN JOAQUIN STREET PO BOX 810 STOCKTON, CALIFORNIA 95201 2091468-2885 FAX 2091468.2889 www.91crov.wV TTY 2091953-1070 MAY Y 8 2006 20wm-lm BUSINESS AND FINANCIAL. DISCLOSURE xIL44e-Ml CANDIDATE BERM ES 2o94e-a»1 PRECINCT OPERATIONS KEX:H I B ITA Pursuant to your request, this office has completed the verification of signatures on the Water Rate Reduction Initiative Petition (City of Lodi), delivered to our office a on May 8, 2006, I hereby confwtm the verification of the above named petition is as follows: Number of signatures filed: 4,426 Number of signatures verified: 500 Number of signatures found sufficient 462 Besed upon the random sample, the projected total of valid signatures is 4,020, which are more than 2,967*required signatures to pass based on sample. Therefore, the petition is certified as sufficient. *Actual: 2,697 Sincerely, 447,445, f DEBORAH S. HENCH Itegi'strar of Voters DSH:ev 1151 Preschool For All Act 1154 Jessica's Lava 1182 Transportation Funding Initiative 1185 Water Quality. Safety and Supply 1186 Waitmg Parental Notification Initiative 1197 Tax on Cigarettes odi Sales Tax -Mar 2005 _ i'v, I.- - Petition Result Breakdown ICMR040 - Petition P%suit Weakdown Page 1 of 1 :1c*ted: 5/12/2006 222:46PM Signatums Required 2697 Raw Count 4,426 Sample Size 500 Pement of Dement of Sigs Checked 500 Sigs Checked Sample Sine Sigs NSt Checked 0 0.0% Sigs Valid 462 92.4% 92.4% Sigs InValld 38 7.6% 7.6% Rupttcated 1 0.0% 0.2 % NolWupiicate Invalids 37 7.0% 7.4% roe and ApprovAd 462 92.4% NetReg Not Registered 16 3.2% OtttOfDist Out of District 6 1.2-% Duplicate Signed snore than once 1 0.2% RbgDiNAdd RegisteNed at a Different Address 6 1.2% Decincmp DeclanWon Incomplete g 1.6% PiintedSig Printed Signature 1 0.2% ICMR040 - Petition P%suit Weakdown Page 1 of 1 :1c*ted: 5/12/2006 222:46PM RESOLUTION NO. 2006-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 7, 2006, FOR THE SUBMISSION OF A PROPOSED ORDINANCE WHEREAS, pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Lodi, California, signed by more than 10 percent of the number of registered voters of the City to submit a proposed ordinance relating to water rate reduction; and WHEREAS, the San Joaquin County Registrar of Voters examined the records of registration and ascertained that the petition is signed by the requisite number of voters and has so certified; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cies, there is ordered to be held in the City of Lodi, California, on Tuesday, November 7, 2006, a General Municipal Election for the purpose of submitting the following proposed ordinance: Shall the ordinance rescinding Resolution No. 2045-203 entitled, "A Resolution of the Lodi City Council establishing water rates" be passed? Yes No SECTION 2. That the text of the ordinance submitted to the voters is attached as Exhibit A. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, notices, printed matter, and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SjECIVN 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the electl6n, in time, form, and manner as required by law. 99QTJON That the City Clerk shall certify to the passage and adoption of this resolwtion and enter it into the book of original resolutions. ©ate: June 7, 2006 I heraby certify that Resolution No. 2006-110 was passed and adopted by the City Council of the City of Lodi in a regular meeting held June 7, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, and Mounce NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mayor Hitchcock ABSTAIN: COUNCIL MEMBERS — None J NIFERYA. PERRIN Interim City Clerk 2006-110 EXi-IIB IT A WATER RATE REDUCTION INITIATIVE (Text of Proposed Ordinance) AN ORDINANCE BROUGHT BY THE PEOPLE OF THE CITY OF LODI REPEALING RESOLUTION NO. $005-203 OF THE LOW CITY COUNCIL "A RESOLUTION OF THE LOW CITY COUNCIL ESTABLISHING WATER RATES" IN RESPONSE TO THE WATER UTILITY TAXATION IMPOSED UPON THE PEOPLE Whereas regarding purpose. Whereas the City of Lodi has a legal responsibility to promote the public health, safety, and trust of the residents of the city of Lodi and Whereas the City of Lodi has instituted significant increases in water rates without sufficient public input for the purpose of cleaning up water contamination, the residents of the City of Lodi request the following ordinance to be placed on the next General Election ballot. SECTION 1: The resolution No. 2005-203 of the Lodi City Council "A resolution of the Lodi City Council establishing water rates" shall be repealed. SECTION 2: That the Levy of Charges imposed pursuant to section 13.08.010 of the Lodi Municipal Code shall be repealed. SECTION 3: That after the date that this ordinance is approved by the voters, all funds collected under the authority of Resolution No. 2005-203 of the Lodi City Council shall be refunded to the rate payers of the City of Lodi in a reasonable and prompt time frame. SECTION 4: This ordinance can only be repealed by a majority vote by the voters of the City of Lodi on a General Election ballot. SECTION 5: This ordinance is effective the day approved by the voters of the City of Lodi. CITY COUNCIL SUSAN HITCHCOCK, Mayor BOB JOHNSON, Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN JOANNE MOUNCE Jane Lea 1931 Holly Drive Lodi, CA 95242 CITY OF LODI CITY HALL, 221 WEST PINE STREET I P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 / www.lodi.gov JLXNE 7, 2066, REGU June 2, 2006 CITY COUNCIL MEETING BLAIR }GING, City Manager JENNIFER M. PERRIN, Interim City Clerk D. STEPHEN SCHWASAIJER, City Attorney This is to notify you that at the City Council meeting of June 7, 2006, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the Council Chamber, at the Carnegie Forum, 305 West Pine Street, Lodi, the Council will consider the following items. K-2 Adopt resolution accepting Certificate of Sufficiency of Petition for the Water Rate Reduction Initiative submitted by Jane Lea and Dawn Squires; and adopt resolution to place the measure on the ballot for the November 7, 2006, General Municipal Election (CLK) K-3 Adopt resolution setting priorities far filing written arguments regarding Fire and Facilities Sales Tax and Water Rate Reduction measures scheduled for the November 1, 2006, General Municipal Election and directing the City Attorney to prepare an impartial analysis (CLK) Enclosed is a copy of the June 7, 2006,. City Council agenda and the staff reports related to the above items. Should you wish to speak on these matters, please submit a "Request to Speak" card (available in the Carnegie Forum) to the City Clerk prior to the opening of the meeting. Should you have any questions, please contact me at 333-6702. niferPerrin nterim City Clerk JMP Enclosure election/initiativetUune7mecting.doe CITY COUNCIL CITY OF LO D I SUSAN HITCHCOCK, Mayor SOB JOHNSON, Mayor Pro Temp* JOHN BECKMAN LARRY D. HAN*N � JOANNE MOUNGE CITY HALL, 221 WEST PINE STREET / P.O. BOX 3006 LOM, CALIFORNIA 95241-1910 (204 333-6702 / FAX (209) 333-6807 / www.lodi.gov DeWrah Horich R har of Voters P. Box 8#0 Stc Uvi, CA 951201 June 8, 2006 7 GORMAL iAL BACTION BLAII KING, City Mana#r JENNIFER211101, PEAR1I111, Inle"m Citi *H"k 0. STEPH 9GH1lrAI) LNI ER, City Attorroyr AtWhed please find € tified oopies of the following resdutions pw*Wftp. to Ow No larrIber T, 2006, Ga ral Municipal Election, which were adopted by the Lodi 'CRY conal at Its June 7, 20k,, regular meeting: • lResokition ae ceptirlql Certiftate of Sufficiency of Petition for the Wrier Foie Reduction int ative; aid • Aewk*on gMng naNce of the holding of a general municipal election on Tuesday, Warembor 7, 2006, fw the submission of a proposed ordinance (regarding the Wier Hate Reduction initimive); and • Fiesiokition setting pdxities for filing witten arguments regarding City meesulres and direcrtg the City Attorney to prepare an impartial ana s (for the Fre and Facilities Sales Tax and Wates Rate Reduction intdatnres). Should you have any qulstions regarding this matter, please feel free to gives me a cal. Sincerely, F'sr�irt lnt®rirtl City Clerk JMP En*surm cc: San Joaquin Cour* Board of Supervisom (+ encl.) elecWrewk ' Olfiaidative.dw