HomeMy WebLinkAboutAgenda Statement 1980/07/22 Item 15 COUNCIL AGENDA STATEMENT
Item
22
Meeting Date �� ' 80
ITEM TITLE: Ordinance PIB - Amending Sections 2 .48.030 and 2 .48.040 of the Municipal
Code relating to the formation of community planning committees
SECOND READHNIG AND ADOPTION
SUBMITTED BY: Director of Planning (4/5ths Vote: Yes No-x )
As a result of recent .State legislation, Municipal Code Section 2.48.040 contains outdated
language concerning the signature requirement for petitions for annexation. The State's
substantial reduction of the signature requirement for the initiation of annexations ,
furthermore, brings this municipality's more stringent signature requirement for the
initiation of the creation of community planning committees into issue .
RECOMMENDATION: That Council :
Adopt the following amendment to Sections 2.48.030 and 2.48.040 of the Municipal Code:
Chula Vista _Municipa1 Code
Title 2
Administration and Personnel
Chapter 2 .48
Community Planning Committee
2.48.030 Formation procedure within incorporated area-Petition, notice and
hearing required.
Community planning committees shall be initiated by submission of a petition to the
City Council delineating the territory of the community, which territory should be
based upon demographic considerations providing for some well-defined geographic area
as well as a community of interests . Said petition shall affirm that at least five
thousand persons reside within the proposed community and must be signed by t000,tjy
,fjo five percent of the electors within said territory. Upon receipt of the petition ,
the City Council shall set a public hearing, publishing notice of said hearing twice
prior thereto, the second publication being not less than ten days prior to the day
and hour set for the hearing, and notice shall also be posted in any commercial centers
located within the proposed community territory. (Ord. 1367 1 (part) , 1971: prior
code 2.1002(1) . )
2 .48.040 Formation procedure in territory proposed for annexation .
If the area wherein a community planning committee to be formulated is an area proposed
to be annexed to the city, the petition for annexation signed byfive
percent of the registered voters of the territory as required by the Government Code
of the State of California may also serve as the petition initiating the formation of
a community planning committee. The City Council upon receipt of said petition ,
and in the event that no majority protest is filed at the public hearing on the question
of annexation, shall consider the question of the formation of a community planning
committee at said public hearing and shall place the issue of annexation and the
formation .of a community planning committee on the ballot. The selection of the
govern.ing board, which. .shall be designated-as the community planning committee, may
at the option of the City Council also be included on the ballot as an alternative
method of selection 'to that of appointment by the City Council as provided herein .
The Council shall designate the method of selection at the public hearing. (Ord. 1367
1 (part) , 1971: prior code 2 .1002(2) . ) '
Addition Continued
Form A-113 (Rev. 11/79) ///// Deletion
EXHIBITS
Agreement Resolution Ordinance x Plat Notification List
Other ENVIRONMENTAL DOCUMENT: Attached Submitted on
Page 2, Item _ 15
- 7/22/80
Meeting Date 7:Hi/�
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION
1 . The existing text of Section 2.48.040 is based upon the former annexation provisions
of the State. Government Code. Section 35133 of the Government Code, however, now
permits the initiation of an annexation by five percent of the registered voters of
the involved territory, instead of twenty-five percent of the registered voters. thereof.
2. The proposed amendments would bring Section 2.48.040 of the Municipal Code into a
state of consistency with the current provisions of the State Government Code, and
would correspondingly reduce the requirement for the initiation of a petition for
the establishment of a community planning committee in both Section 2.48.030 and
2 .48.040 of the Municipal Code . In short, the amendments would sanction the initiation
of a petition for the formulation of such committee by five percent of the registered
voters of the involved territory.
3. The proposed amendments are based upon the proposition that petitions for annexation
and the formulation of community, planning committees are equal in dignity and importance,
and that the latter should not be subjected to more stringent. regulation than the
former.
FISCAL IMPACT
N-pne
by the City Cou:1cil of by the City Council of
Chula Vista, California Chula Vista, California
Dated ��'�® Dated