REPORT TO THE CITY COUNCIL
DATE: July 31, 2014
FROM: YVONNE SPENCE, City Clerk
City Clerk's Office
SUBJECT
Title
Actions Pertaining to Initiative Measure to Repeal the Four Year Water Rate Plan and Required Council Action.
Body
RECOMMENDATIONS
Presentation of Report to Council pursuant to Elections Code Section 9212.
Council must take one of the following actions:
1. BILL - (For Introduction - Adopting the Initiative Measure Repealing Resolution No. 2013-143 that adopted the Four Year Water Rate Plan and Resolution No. 2013-144 that amended the Master Fee Schedule adjusting the water rates; or
2. RESOLUTION - Submitting to City voters the ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4, 2014 general election.
EXECUTIVE SUMMARY
The initiative petition regarding Resolution 2013-143 and 2013-144 (Adopting a Four Year Water Rate Plan) has been determined to be sufficient. A resolution accepting the City Clerk's Certificate of Sufficiency of the Imitative Measure to Repeal the City of Fresno's Four Year Water Rate plan was approved by Council on July 17, 2014. Council also referred the initiative measure to staff for a
report on its effect on matters listed in Elections Code Section 9192, by July 31, 2014 (Attachment
A).
BACKGROUND
On August 15, 2013, the Council adopted Resolution 2013-143, a resolution adopting a four year water rate plan and Resolution 2013-144 amending the Master Fee Schedule adjusting the water rates according to Proposition 218.
An Initiative Petition was received by the City Clerk on June 25, 2014, regarding Resolution 2013-143 and Resolution 2013-144. After performing a prima facie examination of the petitions as required by law, the City Clerk deemed the Initiative Petition to be filed as of June 27, 2014 and submitted the Initiative Petition to the Fresno County Clerk/Registrar of Voters for a full signature count in accordance with the Election Code.
The Fresno County Clerk/Registrar of Voters examined the signatures on the Initiative Petition and found that it contained 5,544 sufficient signatures. The City Clerk issued a Certificate of Sufficiency of the Initiative Petition which Council approved on July 17, 2014. The Council also referred the initiative measure to staff for a report on its effect on matters listed in Elections Code Section 9212. (Attachement A). Elections Code Section 9215 provides that when the Report is presented to the City Council, the City Council shall either adopt the ordinance within 10 days or order an election and submit the ordinance without alternation of the voters. As such, Council must take action on one of the following alternatives:
a. Take one of the following actions:
1. BILL - (For Introduction) - Adopting the Initiative Measure Repealing Resolution No. 2013-143 that adopted the Four Year Water Rate Plan and Resolution No. 2013-144 that amended the Master Fee Schedule adjusting the water rates; or
2. RESOLUTION - Submitting to City voters the ballot measure relating to Resolution Nos. 2013-143 and 2013-144 that adopted the Four Year Water Rate Plan, for the November 4, 2014 general election.
ENVIRONMENTAL FINDINGS
N/A
LOCAL PREFERENCE
N/A
FISCAL IMPACT
Election Date and Cost:
November 4, 2014 $55,000 to $75,000
Attachment:
Attachment A - Report
Attachment B - Bill
Attachment C - Resolution