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~.ITV: OF SAN BERVRDINO - REQUEST WR COUNCIL ACTION
From:
Rachel Krasney, City Clerk
Subject:
Resolution of the City of San
Bernardino establishing a fee
for Initiative petitions
Dept:
City Clerk
Date:
January 30, 1992
Synopsis of Previous Council action:
2/17/92 -- Public Hearing set for March 2, 1992 at 10:00 a.m.
Recommended motion:
Adopt resolution.
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Contact person: Rachel Krasney
Phone: Extension 5102
Supporting data attached:
Yes
Ward:
City-wide.
FUNDING REQUIREMENTS:
Amount:
- 0 -
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
Council Notes:
75-0262
Agenda Item No :;;(h
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STAFF REPORT
To:
Honorable Mayor and Common Council
From:
Rachel Krasney, City Clerk
Date:
January 30, 1992
Re:
February 17, 1992 Council Meeting -- Request to approve
resolution establishing a filing fee for Initiative
Petitions.
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Backaround Information
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.
Section 4002 (b) states that "Any person filing a Notice of
Intent with the clerk shall pay a fee to be established bv the
legislative 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".
Problem
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.
We are currently working with one organization which plans to
circulate initiative petitions and a Notice of Intent has been
filed with this office. However, we were not able to legally
impose the filing fee. Yet, considerable time has been given by
both the City Attorney's Office and the City Clerk's Office, to
conduct research and determine whether or not state and local
laws are being followed. By adopting this resolution, we will be
able to charge the $200 filing fee to any future proponents of
initiative petitions.
Solution
I recommend that pursuant to Chapter 3, Article 1, Section 4002
(b) of the Elections Code, the City Council adopt the attached
resolution establishing a filing fee for initiative petitions.
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City erk
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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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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
the
day of
. 1992, by the following
vote to wit:
AYES
!fAIS
ABSTAIN ABSENT
COUNCIL MEMBERS
ESTRADA
REILLY
HERNANDEZ
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
day
of
, 1992.
W. R. Holcomb, Mayor
City of San Bernardino
Approved as to form and legal content:
James F. Penman
City Attorney
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