HomeMy WebLinkAbout2010 Failed Petition to place Initiative to Amend Charter to Require Vote for City Regulatory Fee Expansion or IncreaseRECEIVED
Notice of lltent to
the
is
the
proposed action as
Signed:
Stephen B. Barasch
225 Prado Road
Suite H
San Luis Obispo, CA 93401
TO
AMOUNT
Existing Law
)l
TFTE Newspaper of the Cenual Coast
SLO CITY CLERK
3825 South Higuera . Post Office Box 112 . San Luis Obispo, California 93406-0112 . (805) 781-7800
n
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD #6877353
SAN LUIS OBISPO PROPERTY OWNERS ASSOCIATIOI
STATE OF CALIFORNIA
County of San Luis Obispo
SS
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age ofeighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBIINE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above-named newspaper and not in any
supplement thereof - on the following dates to wit;
MARCH 25, 2010 that said newspaper was duly and
regularly ascertained and established a newspaper of
generai circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government Code
of the State of Califomia.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
gnature of Principal CIerk)
DATED: MARCH 25,2AIA
AD COST: $973"60
' The proposed charter amendment is intended to add a rayer of protection to rocarproperty owners and fee payers from excessive rate increaires.
iil^:fHgP""Hl"':F[il:S?',"ily'T41{3ltl?3fr33'ftf,f,fl""[i[?Pff5in8li]iT"tf#-IO rale rncreases.
that the proposed chart€r amendment be submittedan official ballot title and summary.
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
33ft "\1"#Ftfl 3'sn:"r1;l"J"!ss,fl [?tfrt:*'l&1,?y"insri'eandsummaryorrhe
TITLE
SUMMARY
Petition
xillc
OR
fees
State of Califomia
as
certain or
ol
revenue sources
orbya
a
cost service
lo
Changes Proposed By lnitiative
initiative new
the service.
and
placed on
with voterand
the " Even
prior to the
initiative from its fee
state
or voter
The imposed, expanded
unless approved by
Dated: Ogl2Z2O1O
J. Christine Dietrick
City Attomey
SECTION 1. Tltle
This Charter Amendmgnt.shall be_known and may be cited. as The San Luis
under
PROPOSED CHARTER AMENDMENTThe portions of the charter to be added ata-ftaici;;a an-,itndiirt-lons to be detetedare printed in strike out type.
THE SAN LU|S OBtSpO F!qET TO VOJE ON FEES ACT OF 2O1OCHARTER AMENDMENT
THE PEOPLE OF THE CIry OF SAN LUIS OBISPO DO ORDAIN AS FOLLOWS:
PROPOSED CHARTER AMENDMENT
The portions of the charter to be added are italicized and lhe portions to. be deleted
are prinled in strike out type.
THE SAN LUIS OBISPO RIGHT TO VOTE ON FEES ACT OF 2O1O
CHARTER AMENDMENT
THE PEOPLE OF THE CITY OF SAN LUIS OBISPO DO ORDAIN AS FOLLOWS:
SECTION 1. Tltle
on t1ail
be turcwn and may be cited as'The San Luis Obispo
SECTION 2. Flndlngs and Declarations
The People o! the City of San Luis Obispo find and declare that:
21 tn
ol
to
the voters.
This
to
been to
as
and categories
the direct
of local
consent
measure seeks
process.
SECTION 3. Purpose and lntent
The ot the City of-San Luis Obispo hereby declare their purpose and intent
measure is as follows:
To expansion, or increase ol a reoulatorvCid Council be approved by a -majority or user
of
vote of
To that voter be all andnotoroffromvoter asor as changed or altered in the
SECTION 4. Voting Requarements F.or User and Regulatory Fees
of the City of San Luis Obispo is amended by adding ARTICLE Xlll to
SECTION 1301. DEFINITIONS
(a)
of
SECTION 1302. VOTING REQUIREMENTS FOR FEES
(a) Not to thenoleethe citya majority
No fee oramountorNo
or ofas applied
derived from the regulatoty or user f6e shall not
regulatory or uset fee was imposed,
be used forwhich the expanded, ot
!q)-!! ea!rylating actual costs, the ctty m4y include reasonable administration costso:glleqg: noweveL.these costs shail be itemized as separate line items at the inemafier ts submitted for voter awroval.
ol and user
for
as
the
to the fee byvoter
SECTION 1 303. EXEMPTIONS
l3r:!';,#""'f ,if:,f :;g:lr'33?'"9"33if l,';t33f"l?,1!ff;."**ment,reeor
(b) This Article shall not apply to ftanchise fees imposed pursuant to this Charter.
any lee which is reauired
the proceeds of whibh are
by the State or
remitted to the
This Article
SECTION 1304, EFFECTIVE DATE
to subdivision 10 ol Article ll Constitution oltheshallthetoor user toare theoras null
voters and of
SECTION 5. Severabitlty
to the provisio'ns of
of thisArticle
Section 108 of if section,or to
IS
given
of this
can
amendment are
March 25;2010
to
or
or
or
portions, and to
cttyofsan luls
990 Palm Street, San Luis Obispo, CA 93401-3249
City of San Luis Obispo
CERTIFICATE OF INSUFFICIENCY OF INITIATIVE PETITION
I, ELAINA CANO, City Clerk of the City of San Luis Obispo, California, hereby certifu as
follows:
The petition entitled "AN INITIATIVE TO AMEND THE CITY CHARTER TO REQUIRE
MAJORITY VOTER APPROVAL OF ANY CITY COUNCIL PROPOSAL TO IMPOSE,
EXPAND, OR INCREASE ANY CITY REGULATORY OR USER FEE AND LIMIT THE
AMOLINT OF ANY PROPOSED INCREASE" was acknowledged as officially filed with this
office on September 14, 2010.
That said petition consists of 587 sections with a raw count of 5,537 signatures (according to the
County Elections Office).
That each petition section contains signatures purporting to be the signatures of qualified electors
of the City of San Luis Obispo.
That each section contains an Affidavit of Circulator purporting to be the affidavit of the person
who solicited the signatures, and containing the dates between which the purported qualified
electors signed this petition.
That the affiant stated that he or she had solicited the signatures upon that section, and that all of
the signatures were made in his or her presence, and that, to the best of his or her knowledge and
belief, each signature to that section was the genuine signature of the person whose name it
purports to be.
That after the proponents filed this petition and based on the Election Official's (City Clerk's)
application of the random sampling for verification of signatures formula; I have determined the
following facts regarding this petition:
The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
Certifi cate of lnsuffi ciency
October 26,2010
l. Total number of signatures filed by proponent raw count:
2. Total number of signatures verified (random):
'3. Number of signatures found suffrcient (based on random):
4. Number of signatures found insufficient (based on random):
5. Number of signatures insuffrcient because of Duplication:
6. Total number of signatures required:
(15%x26,758 voters)
7. Total number of signatures valid based on random sampling signatures
found sufficient and random sampling formula applied (2,967 x 110%)
Page2
3,264
THEREFORE, I hereby find this Initiative Petition to be insufficient, based on the random
sample examination method prescribed by Elections Code Sections 9114,9115 and 9266.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the City's official seal this
26thday of October 2010.
5,537
500
325
175
aJ
4,050
Elaina Cano, CMC
City Clerk
City of San Luis Obispo
Page2