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2008/07/22 City Council Resolution 2008-122RESOLUTION NO. 2008-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ROHNERT PARK A MEASURE TO REDUCE CITY OF ROHNERT PARK'S CURRENT SEWER SERVICE CHARGES TO THOSE CHARGES IN EFFECT ON JANUARY 1, 2006, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, REQUESTING THE SONOMA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE NOVEMBER 4, 2008 STATEWIDE GENERAL ELECTION, PROVIDING FOR SUBMISSION OF BALLOT ARGUMENTS AND REBUTTALS, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, on February 1, 2008, a voter initiative was filed with the Rohnert Park City Clerk ( "City Clerk "), which if approved by a majority of City voters would reduce the City sewer service rates to rates in effect January 1, 2006; WHEREAS, on February 19, 2008, a title and summary of the initiative was provided to the initiative filer; WHEREAS, on June 5, 2008, the proponents of the initiative filed with the City Clerk an initiative petition entitled, "Initiative to Reduce City of Rohnert Park's Current Sewer Service Rates to Rates in Effect on January 1, 2006" purporting to contain 1,048 signatures; WHEREAS, pursuant to Article XIIIC, Section 3 and Article II, Section (b) of the California Constitution, this initiative petition must contain 639 valid signatures, which is 5% of the ballots cast in the last gubernatorial election held on November 7, 2006; WHEREAS, pursuant to California Elections Code section 9114 the City Clerk has conducted an examination of the petition and has determined that the petition meets the 5% valid signature requirement; WHEREAS, on July 8, 2008, the City Clerk certified the results of the examination to the City Council; 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 4, 2008 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; WHEREAS, on July 8, 2008, the City Council ordered a report pursuant to California Elections Code section 9212, to include all impacts enumerated in Elections Code section 9212, as well as the health and safety impacts of an under- funded sewer system and the effects on business sewer charges, and established July 22, 2008, as the deadline for presentation of the report; WHEREAS, on July 22, 2008, the City Council received the impact report pursuant to California Elections Code section 9212; WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by California Elections Code section 9215 to submit the*proposed ordinance to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of California Elections Code Section 9215(b) and other applicable law, there is called and ordered to be held in the City of Rohnert Park, California, on Tuesday, November 4, 2008, an election for the purpose of submitting to the voters a measure that would reduce the current City of Rohnert Park's sewer service charges to charges in effect on January 1, 2006. SECTION 2. The exact form of the question that will appear on the official ballot is as follows: Shall the ordinance to reduce City of Rohnert Yes Park's current sewer service rates to rates in effect on January 1, 2006, be adopted? No SECTION 3. (a) An election on the measure shall be held in conjunction with the municipal election to be held in the City of Rohnert Park on Tuesday, November 4, 2008. In accordance with 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 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and the California Elections Code. (c) The election for the measure shall be held in Sonoma County in the City of Rohnert Park on November 4, 2008, 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 Rohnert Park. (d) At the next regular meeting of the City Council of the City of Rohnert Park occurring after the returns of the election for the measure 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. SECTION 4. (a) In accordance with California 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 same sheet of paper and mailed to each voter with the sample ballot for the election and may be signed by not more than five persons. (b) In accordance with California 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 California 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 Monday, August 18, 2008. SECTION 5. (a) Pursuant to California 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 the 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 250 words in length, and may be 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 may be 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 28, 2008. (d) All previous resolutions providing for the filing of rebuttal arguments for City of Rohnert Park measures are repealed. The provisions of this resolution concerning rebuttal arguments shall only apply to the election to be held on November 4, 2008 and following the conclusion of that election are repealed. SECTION 6. In accordance with California Elections Code Section 9280, the City Attorney is directed to file with the City Clerk by Monday, August 18, 2008, an impartial analysis of the measure, not to exceed 500 words, showing the effect of the measure. SECTION 7. The City of Rohnert Park recognizes that additional costs may be 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 the City's cost of placing the measure on the election ballot. SECTION 8. (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 Department on or before Friday, August 8, 2008. 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 to be published once in a newspaper of general circulation, or any other newspaper designated as the official newspaper of the City of Rohnert Park, 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 by law. (b) In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert Park this 22nd day of July, 2008. ATTEST: Clerk APPR VED AS TO FORM: nn ` kjf.Cit Attorney CITY OF ROHNERT PARK May r ERT Pq BREEZE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE MACKENZIE: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)