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HomeMy WebLinkAbout7/21/1999 - STAFF REPORTS (6) DATE: July 21, 1999 TO: city council FROM: City Manager&City Clerk 1999 GENERAL MUNICIPAL ELECTION-WASTEWATER TREATMENT PLANT RECOMMENDATION: That the Council consider calling a Special Election to be consolidated with the General Municipal Election to be held Tuesday, November 2, 1999, to place one advisory vote only measure and two Charter Amendments on the ballot all concerning the Wastewater Treatment Plant. BACKGROUND: The attached resolution provides for the call of the special election to place an "Advisory Vote Only" measure, relating to the water purity measures at the Wastewater Treatment Plant. The second resolution would also place, a citizen petition initiated, a question seeking voter approval of a charter amendment to prohibit leasing or selling the wastewater treatment plant to a private entity; to prohibit serer fees and charges that exceed the cost of services,or are to pay administrative expenses of the City's general fund; and to prohibit borrowing by the city from the wastewater fund except for a declared emergency. The third resolution would also place, a City Council initiate measure, a gaestiou seeking voter approval of a charter amendment to permit privatization of the wastewater treatment plant where the city retains ownership and rate setting authority; and where the city can assure a general rate decrease; where sewer fees and charges are limited in amount and purpose; and where borrowing from enterprise funds is prohibited except in cases of a declared emergency or with a vote of the people. Tbree resolutions are attached, to respective measures, if the Council desires to authorize any, or all, of its members to file primary/rebuttal written arguments. If the resolution is not adopted prior to The date set for the filing of the arguments (mid-August), a member of the Council could only sign an argument as an individual. QT4R1A. S City Clerk APPROVED: : r Manager Attached: 1. Resolutions(6) JA H:\users\c-clk\election\c&-spc.Tt RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1999 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY, AN ADVISORY VOTE MEASURE RELATING TO THE WATER PURITY MEASURES AT THE WASTEWATER TREATMENT PLANT. WHEREAS the City Council of the City of Palm Springs desires to place before the qualified voters of the City of Pahn Springs an advisory vote relating to Wastewater Treatment Plant water purity measures; and WHEREAS a Municipal Municipal election will be held in said City, on November 2, 1999, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That there shall be and there is hereby ordered a Special municipal election, to be consolidated with the general municipal election to be held November 2, 1999, for the purpose of submitting to the qualified electors of said City, the following measures, to wit: MEASURE Advisory Vote Only Shall the city, as part of privatization of the wastewater treatment plant develop more environmentally sensitive programs, including the re-establishment of third-stage treatment to more completely treat wastewater being recharged into the acquifer; develop programs for more effective use of reclaimed water; and develop programs to recycle sewage sludge? Section 2. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of the California Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event the measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. Section 3. That the City Clerk is hereby directed to transmit a copy of the measure set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4. That in all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding special municipal elections in said City. Section 5. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or a additional notice of said election, in time, form and manner as required by law. ADOPTED this_day of 11999. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVISED&APPROVED: 34811 ...elections\resolutions\I-advwwt.res RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING CITY ADVISORY VOTE RELATING TO WATER PURITY MEASURES AT THE WASTEWATER TREATMENT PLANT. WHEREAS a Special Municipal Election is to be held in the City of Palm Springs, California, November 2, 1999, at which there will be submitted to the qualified electors of said City, the following measure(s): Advisory Vote Only [ ] MEASURE Shall the city, as part of privatization of the wastewater treatment plant develop more environmentally sensitive programs, including the re-establishment of third- stage treatment to more completely treat wastewater being recharged into the acquifer; develop programs for more effective use of reclaimed water; and develop programs to recycle sewage sludge? NOW THEREFORE BE IT RESOLVED by the City Council of the City of Patin Springs, that the City Council, being the legislative body of said City, hereby authorizes: members) of said body, to file written arguments in favor of the City advisory measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change said arguments until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. ADOPTED this_day of , 1999. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED&APPROVED: 3 6- ..elections\resolutions\1-adv-99.arg xi RESOLUTION NO. 19611 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA. CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION To CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1999 FOR THE SUBMISSION TO THE VOTERS OF A CHARTER AMENDMENT (CITIZEN PETITION INITIATIVE) RELATING TO THE WASTEWATER TREATMENT PLANT AND OPERATION THEREOF WHEREAS a regular General Municipal Election shall be held on Tuesday, November 2, 1999, for the election of a Mayor and two(2)members of the City Council; and WHEREAS an initiative petition proposing a charter amendment concerning the Wastewater Treatment Plant and operation thereof was submitted to the City Clerk on January 7, 1999; and WHEREAS, the City Council has determined to place said matter before the qualified voters of the City of Patin Springs; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be consolidated with the general municipal election to be held November 2, 1999, for the Purpose of submitting to the qualified electors of said City, the following measure, to wit: MEASURE Shall the citizen initiated charter amendment to prohibit leasing or selling the wastewater treatment plant to a private entity; to prohibit sewer fees and charges that exceed the cost of services, or are to pay administrative expenses of the city's general fund; and to prohibit borrowing by the city from the wastewater fund except for a declared emergency, be adopted? Section 2. That the proposed measure submitted to the voters is attached as Exhibit A. Section 3. That the City Clerk is hereby directed to transmit a copy of the measure set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of said Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event a measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. In the event both the measure set forth in Section 1 above, and the measure set forth in Section 1 of Resolution 19613 , receive a greater number of YES votes than NO votes, the measure receiving the greatest number of YES votes shall prevail. Section 5. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. A:\uswrskc-clkklection\rcsoluionXchtrl-99.m 2 c Res. No. 19611 Page 2 Section 6. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside of other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfiilly conduct said election. Section 7. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 8. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in Brno, form and manner as required by law. Section 10. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 11. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the General Municipal Election to be held in said City is hereby ordered to be made by the City Clerk, and the Regis=of Voters of said County. Section 12. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council on November 30, 1999. ADOPTED this2lstday of July , 1999, AYES: Members Barnes, Hodges, 0den, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVISED&APPROVED: Res. No. 19611 Page 3 MEASURE Shall the citizen initiated charter amendment to prohibit leasing or selling the wastewater treatment plant to a private entity;to prohibit sewer fees and charges that exceed the cost of services,or are to pay administrative expenses of the city's general fund;and to prohibit borrowing by the city from the wastewater fimd except for a declared emergency,be adopted? EXHB1T A Section 205. Article H of the Charter of the City of Palm Springs is added as follows: Section 205.Sewer Services and Waste Water Treatmert Facilities. (a) Notwithstanding section 1000 of this Chapter or any other provision of law,the city shall not sell, lease or otherwise transfer ownership or any other possessory interest in the city's sewage works, including waste collection, treatment and disposal facilities to any entity other than an existing governmental agency that is itself governed by a body in which the majority of electors are voters of palm Springs. (b) The City may not impose a fee or charge for sewer service, hook-up, permitting, transfix or any other service that exceed the cost of providing that service. (c) The city may not collect fir its own general fund in-lieu taxes, fees or charges from the Department of Transportation,Wastewater Division for administration or any other purpose. (d) The city may not borrow funds held on reserve by the Department of Transportation, Wastewater Division for its use or the use of any other department or program of the city except in the case of a declared emergency pursuant to section 3 (c) of Article XQB of the California Constitution. (Text of Measure submitted by initiative petition,filed January 9, 1999) ...electionstresohnionslchrtrl-99.exh 3C3 RESOLUTION NO. 19612 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING CHARTER AMENDMENT(CITIZEN PETITION INITIATED) WHEREAS a Special Municipal Election is to be held in the City of Palm Springs, California, November 2, 1999, at which there will be submitted to the qualified electors of said City, the following measure(s): U ] Shall the citizen initiated charter amendment to probibit leasing or selling the wastewater treatment plant to a private entity; to prohibit sewer fees and charges that exceed the cost of services, or are to pay administrative expenses of the city's general fund; and to prohibit borrowing by the city from the wastewater fund except for a declared emergency, be adopted? NOW THEREFORE BE IT RESOLVED by the City Council of the City of Pahn Springs, that the City Council, being the legislative body of said City, hereby authorizes: Mayor Kleindienst Councilmember Barnes Councilmember Oden member(s) of said body, to file written arguments in favor/against the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change said arguments until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. ADOPTED this 2 , 1999. AYES: Member Barnes, Oden, Mayor Kleindienst NOES: Members Hodges, ,Reller,Spurgin ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNM By City Clerk City Manager REVIEWED&APPROVED: RESOLUTION NO. 19613 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 1999 FOR THE SUBMISSION TO THE VOTERS OF A CHARTER AMENDMENT (CITY COUNCIL INITIATED) RELATING TO THE WASTEWATER TREATMENT PLANT AND OPERATION THEREOF WHEREAS a regular General Municipal Election shall be held on Tuesday, November 2, 1999, for the election of a Mayor and two (2)members of the City Council; and WHEREAS an initiative petition proposing a charter amendment concerning the Wastewater Treatment Plant and operation thereof was submitted to the City Clerk on January 7, 1999; and WHEREAS the City Council has ordered called a special election to be consolidated with the general municipal election to be held on November 2, 1999, to place said initiative measure before the qualified electors of the City; and WHEREAS, the City Council desires to place competing ballot measure relating to the same subject before the qualified voters of the City of Palm Springs; NOW THEREFORE BE Tr RESOLVED by the City Council of the City of Pahn Springs, as follows: Section 1. That there shall be and there is hereby ordered a special municipal election, to be consolidated with the general mumicipal election to be held November 2, 1999, for the purpose of submitting to the qualified electors of said City, the following measure, to wit: MEASURE Shall the city council initiated charter amendment to permit privatization of the wastewater treatment plant where the city sets rates; where rates can be decreased; where sewer fees and charges are limited consistent with State Law; and where borrowing from enterprise funds is prohibited except in cases of a declared emergency or with a vote of the people, be adopted? Section 2. That the proposed measure submitted to the voters is attached as Exhibit A. Section 3. That the City Clerk is hereby directed to transnut a copy of the measure set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4. That such measure shall be designated on the ballot by a letter printed on the left margin of the square containing a description of the measure, as provided by Section 13116 of the Elections Code. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed approved by the voters. In the event a mea =receives a greater number of NO votes than YES votes, the measure shall be deemed disapproved by the voters. In the event both the measure set forth in Section 1 above, and the measure set forth in Section 1 of Resolution 19611 , receive a greater number of YES votes than NO votes, �� the measure receiving the greatest number of YES votes shall prevail. Section 5. The ballots to be used at said election shall be, both as to form and matter contained therein, such as may be required by law to be used thereat. H:\usm%c-c[kXelectionVmlutionlc W-99.ree Res. No. 19613 Page 2 430& Section 6. The City Clerk of said City is hereby authorized, instructed and directed to procure and furnish, through the Registrar of Voters for the County of Riverside of other resource as necessary, any and all official ballots, notices, printed material and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct said election. Section 7. The polls for said election shall be open at seven o'clock a.m. on the day of said election and shall remain open continuously from said tip until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 8. In all particulars not recited in this Resolution, said election shall be held and conducted as provided by law for holding consolidated municipal elections in said City. Section 9. Notice of time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election, in time, form and manner as required by law. Section 10. That the City Clerk shall reimburse said County, or other resource, for services performed when the work is completed and upon presentation to the City of a properly approved bill. Section 11. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the General Municipal Election to be held in said City is hereby ordered to be made by the City Clerk, and the Registrar of Voters of said County. Section 12. The City Clerk of said City shall cause to be complete the canvass of said election and shall certify the results to the City Council on November 30, 1999. ADOPTED this2lstday of Jul v , 1999. AYES: Members Barnes, Oden and Mayor Kleindienst NOES: Members Hodges, Reller-Spurgin ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVISED&APPROVED: Res. No. 19613, page 3 MEASURE: Shall the city council initiated charter amerrdmant to permit privatization of the wastewater treatment plant where the city sets rates;where rates can be decreased;where sewer fees and charges are limited consistent with State Law; and where borrowing from enterprise funds is prohibited except in cases of a declared emergency or with a vote of the people,be adopted? CHARTER AMENDMENT NO.1 A MEASURE To AMEND THE CHARTER OF THE CITY OF PALM SPRINGS TO PERMIT PRIVATIZATION OF THE CITY'S WASTEWATER TREATMENT PLANT WHERE SUCH PRIVATIZATION WILL PRODUCE A GENERAL REDUCTION OF SEWER RATES WHEREAS,on January 9, 1999,a Measure qualified to amend the City Charter to require that sewer fees and charges not exceed the costs necessary to provide sewer service, that the City be prohibited from borrowing funds from the Wastewater Treatment Plant Fund except in certain emergency cases, and prohibiting privatization ofthe City's Wastewater Treatment Plant;and WHEREAS,in the decade of the 1990's as the City has faced budget shortfalls,the City has actively promoted the privatization of various of its facilities including the Convention Center, the Municipal Golf Course,landscaping service,the City's Tourism Division and the City's legal services;and from such effort the City has realized a significant reduction in the expense of conducting these activities as well as enhanced responsiveness and quality of services;and WHEREAS,upon the adoption of Proposition 218 the City has undertaken an extensive program to evaluate the method by which it provides sewer services to citizens and the appropriateness of the rates and charges for such services;and WHEREAS,the City undertook an extensive procurement process seeking proposals from a number of entities for the privatization of the Wastewater Treatment Plant which procurement process lead to the selection of U.S.Filter for negotiation of a privatization contact;and WHEREAS,the City proposes to lease the Wastewater Treatment Plant facilities to U.S. Filter at a lease rate which will permit an approximately twenty to thirty percent (20-30%) reduction in overall sewer rates where the City will retain ownership of the plant and rate setting authority. NOW,THEREFORE,THE PEOPLE OF THE CITY OF PALM SPRINGS DO HEREBY AMEND THE CHARTER OF THE CITY OF PALM SPRINGS AS FOLLOWS: SECTION 1: That the Charter of the City of Palm Springs is hereby amended by adding Section 205,said Section to read as follows: Section 205. Sewer Services and Wastewater Treatment Facilities. A. Definitions. (1) Privatization'shall mean the transfer by the City of Palm Springs of the ownership or actual or beneficial use of the Wastewater Treatment Facilities to a private entity pursuant to a lease, management or other arrangement where the arrangement would constitute private business use pursuant to federal or state law,including Revenue Procedure 97-13,as amended or successive regulation. (2) 'Wastewater Treatment Facilities' shall mean the City of Palm Sprrine wastewater treatment facility, the sawyers, sewer mains, interceptors, pump stations and related facilities and equipment used for the provision of collection and treatment of solid or liquid waste and wastewater from humans or household,commercial,industrial,and public operations in the City of Palm Springs. B. Privatization Permitted if Rates can be Reduced. Privatization of the City's Wastewater Treatment Facilities shall be permitted only where the following conditions are met: (1) The Wastewater Treatment Facility shall be owned by the City and the City shall have access thereto at all tense but the City Council may lease or otherwise convey responsibility for the daily operation of the plant to a private or public entity for a term not to exceed fifean(13)years. Res. No. 19613, Page 4 (2) In privatizing the Plant,the City Council shall retain sole and exclusive authority to set the rates and charges which will be levied to make sewer connections and receive sewer services. (3) Privatization will be permitted only if the City Council through the Lease or Privatization Agreement is able to assure a general reduction in the cost of operating the Wastewater Treatment Plant and can thereby cause a general reduction in the rates and charges to the residents and businesses to connect and receive sewer services. C. Limits on Fees and Charms for Wastewater Treatment Services. Any fees and charges established by the City Council to receive sewer services shall be limited as follows: (1) Such tees and charges shall not exceed the fiords required to provide the sewer services. (2) The bees and charges may only be used for the purposes for which the fees and charges are imposed. (3) The fees and charges shall not exceed the proportional cost of services attributable to the person or parcel being charged therefore. SECTION 2. That the Charter of the City of Palm Springs is hereby amended by adding Section 914,said Section to read as follows: Section 914. Borrow!=From Enterprise Funds. From the date of this Amendment the City is hereby prohibited from loaning or borrowing the funds in any enterprise fiord, including the Golf Course, Convention Center, Wastewater Treatment Plant, Airport, or any other enterprise fiord, to any department or agency ofthe City except as follows: (1) Loans and borrowings may be permitted for the purpose of undertaking any program for purposes of such enterprise fund. (2) Loans and borrowings may be permitted from an enterprise fiord to any other department or enterprise of the City if necessary,to relieve an emergency declared by the Governor of the State of California or President of the United States. (3) The borrowing or lose of fiords may be permitted with the vote of the people. SECTION 3. Seveability Clause. If any phrase,clause,sentence,subsection,or section of this Charier Amendment is for any reason held to be invalid,such invalidity shall not affect the validity of any other part of this Charter Amendment The People hereby declare that they would have passed this Charter Amendment and each phrase, clause, sentence, subsection, or section hereof irrespective of the fact that any one or more of such phrases,clauses,sentences,subsections,or sections had been declared invalid. Any court reviewing the validity of this Charter Amendment shall interpret it insofar as possible as to make it valid and binding,and to carry out the intent of the voters to create a fiord to pay for the foregoing measures to the fidl extent permitted by law. SECTION 4. Conflicts, It is hereby declared that while this Measure permits privatization of the Wastewater Treatment Plate Measure_which has also qualified for the ballot does not. In the event that both this Measure and Measure on the Ballot on November 2, 1999, each receive sufficient votes to be passed,then the Measure which receives the most voles shall prevail and the Measure with the fewer number of votes shall be mill and void in its entirety. These measures are expressly deemed to be contradictory,and in the event of legal challenge,the Court is prohibited hereby from attempting to harmonize the provisions of these two measures. RESOLUTION NO. 19614 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA. AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE WRITTEN ARGUMENTS REGARDING CHARTER AMENDMENT(CITY COUNCIL INITIATED). WHEREAS a Special Municipal Election is to be held in the City of Palm Springs, California, November 2, 1999, at which there will be submitted to the qualified electors of said City, the following measure(s): [ V ] Shall the city council initiated charter amendment to permit privatization of the wastewater treatment plant where the city retains ownership and rate setting authority; and where the city can assure a general rate decrease; where sewer fees and charges are limited in amount and purpose; and where borrowing from enterprise funds is prohibited except in cases of a declared emergency or with a vote of the people, be ad NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, that the City Council,being the legislative body of said City, hereby authorizes: Mayor Kleindienst Councilmember Barnes Councilmember Oden member(s) of said body, to file written arguments in favor/against the City measure set forth in the recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change said arguments until and including the date fixed by the City Clerk after which no arguments for or against said City measure may be submitted to the City Clerk. ADOPTED this Z15tday of Jul v , 1999. AYES: Members Barnes, Oden, Reller-Spurgin and Mayor Kleindienst NOES: Member Hodges ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED&APPROVED: 30l ..elections\resol utions\chtr2-99.arg