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HomeMy WebLinkAbout07-City Clerk - - 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;{- - 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: ----------------------------------------------------------------- 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. . . 1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FILING FEE FOR INITIATIVE PETITIONS. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. III 'ill III III III III III III . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 28 1/30/92