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HomeMy WebLinkAboutAgenda Report - July 19, 2006 E-10 ERAGENDA ITEM E-10 CITY OF LOBI %V COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Setting Priorities for Filing Written Arguments Regarding Low - Income Discounts for Water and Sewer Services Measure Scheduled for the November 7, 2006, General Municipal Election and Directing the City Attorney to Prepare an Impartial Analysis MEETING DATE: July 19, 2006 PREPAFNED BY: City Clerk RECOMMENDED ACTION: That the City Council adopt the attached resolution setting priorities for filing written arguments regarding Low -Income Discounts for Water and Sewer Services measure scheduled for the November 7, 2006, General Municipal Election and directing the City Attorney to prepare an impartial analysis. BACKGROUND INFORMATION: It is necessary for the City Council to adopt a resolution setting the priorities for filing written arguments for or against measures submitted for the ballot for the November 7, 2006, General Municipal Election, as well as setting forth the deadlines. The following deadlines are hereby established pursuant to Elections Code Sections 9285, 9286, and 9220. ➢ Deadline for filing arguments (not exceeding 300 words) — August 2, 2006 ➢ Deadline for filing rebuttal arguments (not exceeding 250 words) — August 14, 2006 Arguments must be filed in the City Clerk's Office on or before the deadlines established, during normal office hours. FISCAL IMPACT: None. FUNDING AVAILABLE: None. JMP Attachments J nifer M.Perrin Interim City Clerk APPROVED: Blair ' g, City Manager council/couneom/Ek ction2006ARGUE2.doc RESOLUTION NO. 2006-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, SETTING PRIORITIES FOR FILING (A) WRITTEN ARGUMENT(S) REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Lodi, California, on Tuesday, November 7, 2006, at which there will be submitted to the voters the measure for the Low -Income Discounts for Water and Sewer Services (text of the proposed resolution is attached as Exhibit A). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION _1. That the City Council authorizes all members of the City Council to file (a) written argument(s) In Favor of or Against City measure, accompanied by the printed name(s) and signature(s) of the person(s) submitting it, in accordance with Article 4, Chapter 3, Division 9, of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk, after which no arguments for or against the City measure may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney who shall prepare an impartial analysis of the measure showing the erect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION_ 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Dated: July 19, 2006 1 hereby certify that Resolution No. 2006-138 was passed and adopted by the City Council of the Cfty of Lodi in a regular meeting held July 19, 2006, by the following vote, AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, Mounce, and Mayor Hitchcock NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS -- None ` �' i EJwvYv NNIFE PERRIN Interim City Clerk 2006-138 B4 RESOLUTION NO. 2006-130 1EXH1 T AA RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES WHEREAS, with the implementation of new water, sewer, and refuse rates and charges adopted April 27, 2004, the Lodi City Council adopted Ordinance No. 1750 amending Lodi Municipal Code Chapter 13.04, §13.04.130, "Low Income Adjustments," at its September 15, 2004, City Council rneeting; and WHEREAS, the City Council now desires to adopt a resolution establishing Water and Sewer Services discounts for eligible low-income residents, and further desires to place the Measure on the November 2006 ballot for citizen approval. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Lodi City Council does hereby approve and establish low-income discounts for water and sewer services as shown below, which shall become effective the first billing period following the effective date of this Resolution: For Residential Customers who gualifv for the Electric SHARE Program discount: Water 20% Discount on the Residential Flat Rate Wastewater 20% Discount on the Residential Flat Rate for Disposal to the Domestic System •• For Residential Customers YAio gualifv for the Electric enior/Fixed-Income discount: Water 10% Discount on the Residential Flat Rate Wastewater 10% Discount on the Residential Flat Rate for Disposal to the Domestic System BE IT FURTHER RESOLVED that the water and wastewater discounts shall be funded by the ratepayers, collected with utflity bills; and BE IT FURTHER RESOLVED that the programs will be limited to two percent (2%) of the revenue of each utility. At current revenue levels, this equals $164,234.00 in the water utility and $164,630.00 per year in wastewater; and BE IT FURTHER RESOLVED that the City Council does hereby direct staff to institute a verification program whereby every three years, 10% of one third (1/3) of the applicants' eligibility is re -confirmed; and BE IT FURTHER RESOLVED that this Measure shall be placed on the November 7, 2006, Ballot for citizen approval. Dated: July 5, 2006 J hereby certify that Resolution No. 2006-130 was passed and adopted by the City Council of the City of Lodi at its regular meeting held July 5, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, and Mayor Hitchcock NOES: COUNCIL MEMBERS — Johnson and Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NII"ER . PERRRINI„1 ity Clerk 2006-130 DECLARATION OF MAILING NOTICE OF ELECTION FOR MEASURE RELATING TO THE LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES On July 20, 2006, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing transmittal letter regarding Notice of Election for measure relating to the Low -Income Discounts for Water and Sewer Services, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 20, 2006, at Lodi, California. ONDERED BY: NIFER . P RRIN, CMC fiERIM CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK Fomesidecmail.doc ORDERED BY: JENNIFER M. PERRIN INTERIM CITY CLERK, CITY OF LODI JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK CITY COUNCIL CITY OF L O D I SUSAN HITCHCOCK, Mayor yGente oa BOB JOHNSON, Mayor Pro Tempore JOHN BECKMAN LARRY D. HANSEN JOANNE MOUNCE CITY HALL, 221 WEST PINE STREET 1 P.O. BOX 3006 LODI, CALIFORNIA 95241-1 91 0 (209) 333-6702 / FAX (209) 333-6807 1 www.lodi.gov July 20, 2006 To: Interested Parties: BLAIR KIND,, City MandW JENNIFER M. PERRL -N, Interim City Clerk 0. STEPHEt4 SCHWAaAt ER, City Attorney JEXH . 17B I T:A RE: Notice of Election for Measure Relating to the Low -Income Discounts for Water and Sewer Services The Lodi City Council, at its meeting of July 5, 2006, adopted Resolution No. 2006-131 ordering the measure relating to the Low -Income Discounts for Water and Sewer Services to be submitted to the voters at the November 7, 2006, General Municipal Election. Enclosed for informational purposes is a copy of the Notice of Election for the measure, which includes the following information: ➢ Deadline for filing afouments (not exceeding 300 words) —August 2 ➢ Deadline for filing rebuttal arguments (not exceeding 250 words) —August 14 Arguments must be filed in the City Clerk's Office on or before the deadlines established during normal office hours. Also enclosed is the "Form of Statement to be Filed by Author of Argument," which must accompany any argument filed in the City Clerk's Office. Should you have any questions, please feel free to contact my office. Sincerely, nnifer . Perrin Interim City Clerk imp Enclosures election/initiative/1ArgumentsRebaMis.doc NOTICE OF ELECTION FOR MEASURE RELATING TO LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Lodi, California, on Tuesday, November 7, 2006, for the following Measure. Shalt the Resolution establishing low-income discounts for water Yes and sewer services be passed? No LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES (Full text of the measure) RESOLUTION NO. 2006-130: A RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES WHEREAS, with the implementation of new water, sewer, and refuse rates and charges adopted April 27, 2004, the Lodi City Council adopted Ordinance No. 1750 amending Lodi Municipal Code Chapter 13.04, §13.04.130, "Low Income Adjustments," at its September 15, 2004, City Council meeting; and WHEREAS, the City Council now desires to adopt a resolution establishing water and sewer services discounts for eligible low-income residents, and further desires to place the Measure on the November 2006 ballot for ciften approval. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Lodi City Council does hereby approve and establish low-income discounts for water and sewer services as shown below, which shall become effective the first billing period following the effective date of this Resolution: For Residential C stomers who allalify for the Electric SHARE Program discount: Water 20% Discount on the Residential Fiat Rate Wastewater 20% Discount on the Residential Flat Rate for Disposal to the Domestic System OR, For Residsetial Customers who qualify for the Electric Seniorr/Fixed-Income discount: Water 10% Discount on the Residential Flat Rate Wastewater 10% Discount on the Residential Flat Rate for Disposal to the Domestic System BE IT FURTHER RESOLVED that the water and wastewater discounts shall be funded by the ratepayers, collected with utility bills; and BE IT FURTHER RESOLVED that the programs will be limited to two percent (2%) of the revenue of each utility. At current revenue Bevels, this equals $164,234.00 in the water utility and $164,630.00 per year in wastewater; and BE IT FURTHER RESOLVED that the City Council does hereby direct staff to institute a verification program whereby every three years, 10% of one third (1/3) of the applicants' eligibility is re -confirmed; and BE IT FURTHER RESOLVED that this Measure shall be placed on the November 7, 2006, ballot for citizen approval. Resolution No. 2006-130 was passed and adopted by the City Council of the City of Lodi at its regular meeting held July 5, 2006, by the following vote; AYES: COUNCIL MEMBERS — Beckman, Hansen, and Mayor Hitchcock NOIES: COUNCIL. MEMBERS — Johnson and Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None (The polls will be open between the hours of 7:00 a.m. and 8:00 p.m.) NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENT FOR OR AGAINST CITY MEASURE MAY BE SUBMITTED TO THE CITY CLERK NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9, of the Elections Cade of the State of California, the legislative body of the City of Lodi, or any member or members thereof authorized by the body, or any individual voter or bona fide association of citizens, or any combination of voters and association, may file a written argument, not to exceed 300 words in length, 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 ifs principal officers who is the author of the argument, for or against the City measure. NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Clerk has fixed August 2, 2006,: during normal office hours, as posted, as the date prior to the election after which no .arguments for or against the City measure may be submitted to the City Clerk for printing and distribution to the voters as provided in Article 4. Arguments shall be submitted to 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 who Is the. author of the argument, at City Hall, 221 West Pine Street - 2"d floor, Lodi, California, 95240. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk. NOTICE IS FURTHER GIVEN that the City Council has determined that rebuttal arguments not to exceed 250 words in length, as submitted by the authors of the opposing direct arguments, maybe 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 who is the author of the argument The deadline for submitting rebuttal arguments is August 14, 2006, at 5:00 p.m. NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or direct argument filed under the authority of the Elections Code will be available for public examination in the City Clerk's Office for not Wss than ten (10) calendar days from the deadline for the filing of the arguments and analysis. Any rebuttal argument filed under the authority of the Elections Code will be available for public examination in the City Clerk's Office for not less than ten (10) calendar days from the deadline for filing rebuttal arguments. Jennifer M. Perrin Interim City Clerk City of Lodi, California Dated: July 20, 2006 FORM OF STATEMENT TO BE FILED BY AUTHOR OF ARGUMENT AM arguments concerning measures filed pursuant to Elections Code Chapter 3 — Wniclpal Elections — Division 9 — Measures Submitted to the Voters — Article 4 — Ali juments Concerning City Measures — shall be accompanied by the following form statement to be signed by each proponent and by each author, if different, of the afgument: The undersigned proponent(s) or author(s) of the (primary/rebuttal to) argument (in favor of/against) ballot proposition (name or number) at the General Municipal Election for the City of Lodi to be held on Tuesday. November 7. 2006 . hereby state that such argument is true and correct to the best of (his/her/their) knowledge and belief. (Legislative body or commifte, if applicable) &L AUTHOE& MUST (PRINT HIS/HER NAME, SIGN. AND DATE THIS FORM Print Name election!]uitiativdArgumentForm.dor Sign Name Date Submit#ed herewith the: ❑ PRIMARY ARGUMENT OR ❑ REBUTTAL TO ARGUMENT (In Favor of, Against) Measure (name or number) Arguments in support of or in opposition to the proposed laws are the opinions of the authors. TEXT: Submitted by: (Legislative body or committee name, if applicable) ALL AUTNORS MUST PRINT HISIHER NAME AND SIGN THIS FORM (Printed Name/Sign/Date) (Printed Name/Sign/Date) (Printed Name/Sign/Date) (Printed Name/Sigrt/Date) election/tnitiativeiArgumentForm.doc (Printed Name/Sign/Date) EXHIBIT BI MAILING LIST Notice of Election for Measure Relating to the Low -Income Discounts for Water and Sewer Services Lodi City Council Members Blair King City Manager Steve Schwabauer City Attorney Richard Prima Public Works Director Pat Patrick, President 1 CEO Lodi District Chamber of Commerce 35 S. School Street Lodi, CA 95240 Jane Lea 1931 Holly Drive Lodi, CA 95242 Please immediately con rm receipt of this fax by calling 3333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF ELECTION FOR MEASURE RELATING TO THE LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES PUBLISH DATE: SATURDAY, JULY 22, 2006 TEAR SHEETS WANTED: Three (3) please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1 91 0 DATED: THURSDAY, JULY 20, 2006 ORDERED BY: JJNNIFER PERRIN, CMC INTERIM CITY CLERK JENNIFER M. PERRIN INTERIM CITY CLERK JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK DANA R. CHAPMAN ADMINISTRATIVE CLERK Faxed to the._Sentinel at 3-1t (time) vh (date)4Q}. LNS Phoned to omfirm receipt of all pages: at (vme) JLT ko .. Jfutl ' flnitials) formsladvins.doc DEGLARATION OF POSTING NOTICE OF ELECTION FOR MEASURE RELATING TO THE LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES On Friday, July 21, 2006, in the City of Lodi, San Joaquin County, California, Notice of Election for measure relating to the Low -Income Discounts for Water and Sewer Services, attached and marked as Exhibit A, was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum I declare under penalty of perjury that the foregoing is true and correct. Executed on July 21, 2006, at Lodi, California. NIFERI . PERRIN, CMC 1 FRIM aTY CLERK DMA R. CHAPMAN ADMINISTRATIVE CLERK N:1AdministrationlCLERK\Forms\DECPO5T.DOC ORDERED BY: JENNIFER M. PERRIN INTERIM CITY CLERK JACQUELINE L. TAYLOR, CMC DEPUTY CITY CLERK NOTICE OF ELECTION FOR MEASURE RELATING TO LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES NOTICE IS HEREBY GIVEN that a General Municipal Election will be held in the City of Lodi, California, on Tuesday, November 7, 2006, for the following Measure. Yes Shall the Resolution establishing low-income discounts for water and sewer services be passed? No LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES (Full text of the measure) RESOLUTION NO. 2006-130: A RESOLUTION OF THE LODI CITY COUNCIL ESTABLISHING LOW-INCOME DISCOUNTS FOR WATER AND SEWER SERVICES WHEREAS, with the implementation of new water, sewer, and refuse rates and charges adopted April 27, 2004, the Lodi City Council adopted Ordinance No. 1750 amending Lodi Municipal Code Chapter 13.04, §13.04.130, "Low Income Adjustments," at its September 15, 2004, City Council meeting; and WHEREAS, the City Council now desires to adopt a resolution establishing water and sewer services discounts for eligible low-income residents, and further desires to place the Measure on the November 2006 ballot for citizen approval. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Lodi City Council does hereby approve and establish low-income discounts for water and sewer services as shown below, which shall become effective the first billing period following the effective date of this Resolution: For Residential Customers who aalifv for the Electric SHARE Proaram discount: Water 20% Discount on the Residential Flat Rate Wastewater 20% Discount on the Residential Fiat Rate for Disposal to the Domestic System OR, For Residential Customers who aualifv for the Electric Senior/Fixed-Income discount: Water 10% Discount on the Residential Flat Rate Wastewater 10% Discount on the Residential Flat Rate for Disposal to the Domestic System BE IT FURTHER RESOLVED that the water and wastewater discounts shall be funded by the ratepayers, collected with utility bMs; and BE IT FURTHER RESOLVED that the programs will be limited to two percent (2%) of the revenue of each utility. At current revenue levels, this equals $164,234.00 in the water utility and $164,630.00 per year in wastewater; and BE IT FURTHER RESOLVED that the City Council does hereby direct staff to institute a verification program whereby every three years, 10% of one third (1 /3) of the applicants` eligibility is re -confirmed; and BE IT FURTHER RESOLVED that this Measure shall be placed on the November 7, 2006, ballot for citizen approval. Resolution No. 2006-130 was passed and adopted by the City Council of the City of Lodi at its regular meeting held July 5, 2006, by the following vote: AYES: COUNCIL MEMBERS — Beckman, Hansen, and Mayor Hitchcock NOES: COUNCIL MEMBERS — Johnson and Mounce ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None (The polls will be open between the hours of 7:00 a.m. and 5:00 p.m.) NOTICE TO VOTERS OF DATE AFTER WHICH NO ARGUMENT FOR OR AGAINST CITY MEASURE MAY BE SUBMITTED TO THE CITY CLERK NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9, of the Elections Code of the State of California, the legislative body of the City of Lodi, or any member or members thereof authorized by the body, or any individual voter or bona fide association of citizens, or any combination of voters and association, may file a written argument, not to exceed 300 words in length, accompanied by the printed name(s) and signature(s) of the authors) 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 who is the author of the argument, for or against the City measure. NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election, the City Clerk has fixed August 2, 2006, during normal office hours, as posted, as the date prior to the election after which no arguments for or against the City measure may be submitted to the City Clerk for printing and distribution to the voters as provided in Article 4. Arguments shall be submitted to 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 who is the author of the argument, at City Hail, 221 West Pine Street - 2nd floor, Lodi, California, 95240. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk. NOTICE IS FURTHER GIVEN that the City Council has determined that rebuttal arguments not to exceed 250 words in length, as submitted by the authors of the opposing direct arguments, may be filed with the City Clerk, acconWanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted an behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The deadline for submitting rebuttal arguments is August 14, 2006, at 5:00 p.m. NOTICE IS FURTHER GIVEN that any ordinance, impartial analysis, or direct argument filed under the authority of the Elections Code will be available for public examination in the City Clerk's Office for not less than ten (10) calendar days from the deadline for the filing of the arguments and analysis. Any rebuttal argument filed under the authority of the Elections Code will be available for public examination in the City Clerk's Office for not less than ten (10) calendar days from the deadline for filing rebuttal arguments. Jennifer M. Perrin Interim City Clerk City of Lodi, California Dated: July 20, 2006