HomeMy WebLinkAboutAgenda Statement 1987/07/28 Item 5 Revised 7/30/87
COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 7/28/87
ITEM TITLE: Resolution 131 Adding a Proposition Amending the Charter of
the City of Chula Vista to the November, 1987 Consolidated
Election Ballot and Directing the City Clerk to Transmit a
Copy Thereof to the City Attorney for Preparation of Impartial
Analysis
SUBMITTED BY: `- Assistant City Attorney
(4/5ths Vote: Yes No X )
At its July 21, 1987 meeting, Council directed the City Attorney to prepare a
Charter amendment relating to the procedure for adoption of a franchise
ordinance to be added to the November, 1987 ballot, along with any other
proposed Charter changes deemed appropriate. This resolution would put the
franchise ordinance procedure Charter proposition on the November, 1987 ballot.
RECOMMENDATION: Adopt the attached resolution adding the proposed Charter
amendment relating to enactment of a franchise ordinance
on the November, 1987 consolidated election ballot, and
directing the City Clerk to transmit a copy thereof to
the City Attorney for preparation of impartial analysis.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
At its meeting of July 21, 1987, the City Council directed the City Attorney
to prepare a Charter amendment to simplify the procedure used to consider the
enactment of an ordinance granting a franchise pursuant to Charter Section
1200, et seq. Adoption of the proposed resolution would forward to the
Registrar of Voters for placement on the ballot the following question:
An amendment to the Charter of the City
of Chula Vista amending Article XII ,
Section 1201, to allow the City Council YES
after a public hearing to make changes in ____,___ _
the terms and conditions of a resolution
of intention to grant a franchise and grant NO
such franchise without further proceedings.
The amended Charter provision would read as follows:
Section 1201. Resolution of Intention. Notice and Public Hearing.
Before granting any franchise, the City Council shall pass a resolution
eclaring its intention to grant the same, stating the name of the proposed
grantee, the character of the franchise and the terms and conditions upon
Page Two, Item 5
Meeting Date: 7/28/87
which it is proposed to be granted. Such resolution shall fix and set forth
the day, hour and place when and where any persons having any interest therein
or any objection to the granting thereof may appear before the City Council
and be heard thereon. It shall direct the City Clerk to publish said
resolution at least once, within fifteen days of the passage thereof, in the
official newspaper. Said notice shall be published at least ten days prior to
the date of hearing.
At the time set for the hearing, the City Council shall proceed to hear
and pass upon all protests and modify the proposed terms and conditions, if
desired, and its decision thereon shall be final and conclusive. Thereafter,
it may grant or deny the franchise on the terms and conditions specified in
the resolution of intention to grant the same, or as modified, subject to the
right of referendum of the people.
Elections Code Section 5011 authorizes the City Council to transmit a copy of
the measure to the City for preparation of an impartial analysis to accompany
the measure on the ballot, preceding the arguments for and against the
measure. Adoption of the proposed resolution will direct these requirements
be met. The City Clerk will also give notice as required by law that
arguments for and against the measure will be received. That notice will also
establish the final date after which such arguments will not be received.
_'ISCAL IMPACT: N/A
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