HomeMy WebLinkAbout2008/08/05 Item 6
CITY COUNCIL
AGENDA STATEMENT
August 5, 2008, Item~
ITEM TITLE:
CONSIDERATION OF AUTHORIZING SUBMITTAL TO
THE CITY CLERK OF AN ARGUMENT, AND REBUTTAL
ARGUMENT IF ANY, AGAINST THE MEASURE TO
AMEND THE CHULA VISTA CITY CHARTER TO MAKE
THE CITY ATTORNEY AN ELECTED CITY OFFICER, TO
BE INCLUDED IN THE SAMPLE BALLOT FOR THE
NOVEMBER 4,2008 ELECTION
SUBMITTED BY:
Donna Norris, Interim City Clerk U
SUMMARY
The Council previously approved placement of the citizen-initiated Charter amendment
measure on the November 4, 2008 ballot. California Elections Code section 9282(a)
allows the legislative body to submit an argument ag'linst a measure placed on the ballot
by petition. This item provides information and regulations related to the submittal of
ballot measure arguments.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity of authorizing arguments related to a ballot measure is not a "Project" as
defined under Section 15378 of the State CEQA Guidelines because it will not result in a
physical change to the environment, therefore, pursuant to Section 15060( c )(3) of the
State CEQA Guidelines the actions proposed are not subject to CEQA. Thus, no further
environmental review is necessary.
RECOMMENDATION
Council consider submittal of an argument and rebuttal agreement, if any, against the
measure to make the City Attorney an Elected Officer of the City.
BOARDS/COMMISSION RECOMMENDATION
Not Applicable.
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AUGUST 5, 2008, Item~
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DISCUSSION
On January IS, 2008, the City Council placed a citizen-initiated charter amendment to
make the City Attorney an Elected City Officer on the November 4, 2008 ballot.
Pursuant to Elections Code section 9282, the proponents may file a written argument in
favor of the measure, and the legislative body may submit an argument against it.
Arguments may not exceed 300 words in length, and must be submitted to the City Clerk
by August 20, 2008. Arguments must be accompanied by the printed name(s) and
signature( s) of the author( s) submitting it, and no more than five signatures shall appear
with any argument (EC 9283).
Pursuant to a resolution previously adopted by the Council allowing rebuttal arguments,
rebuttal arguments will be allowed, in accordance with Elections Code section 9285.
Rebuttal arguments may not exceed 250 words. The deadline for rebuttal arguments will
be August 28, 2008 in the City Clerk's office.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is
not site specific and, consequently, the 500-foot rule found in California Code of
Regulations Section 18704.2(a)(l) is not applicable to this decision.
FISCAL IMP ACT
As a result of this action, there will be no impact to the general fund. The City Clerk has
budgeted $120,000 for the November 4, 2008 election, which is anticipated to be
,
sufficient to place the measure on the ballot, including arguments for and against the
measure and rebuttal arguments, if any.
Prepared by: Donna Norris. Interim City Clerk
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