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HomeMy WebLinkAbout1988-04-12; City Council; 9379; Initiative Petition Filing FeeP 0 [r: e e ? a .. z 0 F 0 U =! 0 z 3 8 CITY OF CARLSBAD - AGENT-' BILL FILING FEE 1EPT.L RECOMMENDED ACTION: Adopt Resolution No. fg - // 9 , establishing a $200 fee to be paid by initiative proponents. The fee would be refunded if the petition is certified within one year. ITEM EXPLANATION Requirements for processing an initiative have changed significantly effective January 1, 1988. The new procedures in Section 4002 of the Elections Code require initiative proponents to file a "Notice of Intent to Circulate Petition" with the City Clerk. An additional provision in Section 4002(b) of the Elections Code states: "Any person filing a Notice of Intent with the Clerk Shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to be returned to the filer if, within one year of the date of filing the Notice of Intent, the Clerk certifies the sufficiency of the petition." The cost to the City to process an initiative petition exceeds $200; therefore, it is recommended that Council establish the fee at $200. The $200 would be refunded if the petition is certified within one year. FISCAL IMPACT The fee would offset a small portion of the costs incurred by the City for those petitions which are not certified within one year. EXHIBITS 1. Resolution No. f'f-//9 , establishing a $200 fee to be paid by Initiative Proponents. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1E 19 2c 21 22 22 24 2E 26 27 2E RESOLUTION NO. 88-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING A $200 FEE TO BE PAID BY INITIATIVE PROPONENTS. WHEREAS, Section 4002 of the California Elections Code requires initiative proponents to file a "Notice of Intent to Circulate Petition" with the City Clerk; and WHEREAS, Section 4002 of the California Elections Code further states that any person who files a Notice of Intent shall pay a fee established by the legislative body not to exceed two hundred dollars ($200); and WHEREAS, Section 4002 of the California Elections Code also requires that any such fee shall be refunded if the City Clerk certifies the sufficiency of the petition within one year of the date the Notice of Intent was filed; and WHEREAS, the cost to the City for processing an initiative petition exceeds two hundred dol 1 ars ($200). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. A fee of two hundred dollars ($200) is hereby established to be paid by initiative proponents when filing the "Notice of Intent to Circulate Petition" with the City Clerk. 3. The fee shall be refunded if the City Clerk certifies the sufficiency of the petition within one year from the filing date of the Notice of Intent. /// /// /// /// /// 1 2 3 4 5 6 7 a 9 10 11 12 13 14 le 1€ 17 1E 15 2c 21 22 2: 24 2c 2E 27 2E PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of ;he City of Carlsbad on the 12th day of April , 1988, by the following rote, to wit: AYES: Council Members Lewis, Kulchin, Mamaux and Larson NOES: None \BSENT: Council Member Pettine \TEST: (SEAL)