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CITY OF SAN BER.RDINO - REQUESTeoR COUNCIL ACTION
From: Rachel Krasney, City Clerk Subject: Request to schedule public hearing
on March 2, 1992 regarding establish-
Dept: City Clerk ing filing fee for initiative petitions
Date: February 6, 1992
Synopsis of Previous Council action:
NONE
Recommended motion:
To set a public hearing at 10:00 a.m.. on Monday, March 2, 1992, to
receive public input on a proposed resolution of the City of San
Bernardino establishing a filing fee for initiative petitions.
Go.Ju.L ~t~r;{-
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Contact person: Rachel Kr1!!=lnAV Phone: 5102
Supporting data attached: Yes Ward: Citvwwp
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262 Agenda Item No 7
CITY OF SAN BERNAI:.INO - RtEQUEST Fda COUNCIL ACTION
STAFF REPORT
TO:
Honorable Mayor and Common Council
DATE:
Rachel Krasney, City Clerk
February 6, 1992
Agenda Item for February 17, 1992 Council meeting--
Request to Set Public Hearing on March 2, 1992 to allow
public input on proposed Resolution establishing a
filing fee for initiative petitions
FROM:
RE:
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The City Clerk's Office is proposing a Resolution establishing a
filing fee for initiative petitions.
Government Code Section 66018 provides that: "Prior to adopting
an ordinance, resolution, or other legislative enactment
adopting a new fee or approving an increase in an existing fee to
which this section applies, a local agency shall hold a public
hearing, at which oral or written presentations can be made, as
part of a regularly scheduled meeting. Notice of the time and
place of the meeting, including a general explanation of the
matter to be considered, shall be published in accordance with
Section 6062a."
Therefore, in accordance with Government Code Section 66018, I
hereby request that the City Council set a public hearing on
Monday, March 2, 1992, at 10 a.m., to receive public input on a
proposed Resolution of the City of San Bernardino establishing a
filing fee for initiative petitions.
The City has never established a fee for the filing of a Notice
of Intent to Circulate Petition and in the absence of any
authority to charge such a fee, the City Clerk cannot impose a
filing fee.
Chapter 3, Article 1, Section 4001 of the Elections Code provides
that "Any proposed ordinance may be submitted to the legislative
body of the City by a petition filed with the clerk ... after
being signed by not less than the number of voters specified in
this Article ...". The Chapter and Article further provides that
before circulating an initiative petition, the proponents shall
file a Notice of Intent to Circulate Petition.
'5-0264
.
.
To: Honorable Mayor and Common Council
From: Rachel Krasney, City Clerk
Date: February 6, 1992
Page Two
Section 4002 (b) states that "Any person filing a Notice of
Intent with the clerk shall pay a fee to be established bv the
leaislative bodv not to exceed two hundred dollars ($200.00) to
be refunded to the filer if, within one year of the date of
filing the Notice of Intent, the clerk certifies the sufficiency
of the petition".
Considerable time can be expended by both the City Clerk's staff
and City Attorney's Office in conducting research to determine
whether or not state and local laws are being followed when an
initiative is presented for filing. Therefore, I am
recommending that the City Council enact legislation establishing
a $200 filing fee so that it can be imposed on future proponents
of initiative petitions.
If you adopt a motion setting the public hearing
March, 2, 1992, then the public hearing will be
following the February 17, 1992 Council meeting.
on Monday,
advertised
~-JuL ~~
Rachel Krasney
City Clerk
FOR INFORMATIONAL PURPOSES ONLY.
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RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FILING
FEE FOR INITIATIVE PETITIONS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The fee set forth herein shall apply to initiative
petitions
filed with the City Clerk of the City of San
Bernardino.
SECTION 2. Pursuant to Chapter 3, Article 1, Section 4002 (b)
of the Elections Code, any person filing a Notice of Intent To
Circulate Petition for an initiative shall pay a filing fee of
Two Hundred Dollars ($200.00) at the time of filing such Notice
of Intent.
SECTION 3.
If, within one year of the date of filing the
Notice of Intent to Circulate Petition, the City Clerk certifies
the sufficiency of the petition, the Two Hundred Dollar ($200.00)
filing fee shall be refunded to the filer.
SECTION 4.
The filing fee established herein shall become
effective upon the adoption of this Resolution.
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27 By:
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
. 1992, by the following
day of
the
vote to wit:
COUNCIL MEMBERS
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
day
, 1992.
of
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form and legal content:
James F. Penman
City Attorney
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1/30/92