HomeMy WebLinkAboutAgenda Statement 1987/08/18 Item 11•
COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 8/18/87
ITEM TITLE:
Report - City Attorney's Impartial Analysis of Ballot
Proposition for November, 1987 Ballot
Resolution /,jaC7?~ Approval of Argument in Favor of Proposition
for the November, 1987 Ballot
SUBMITTED BY: Assistant City Attorne
(4/5ths Vote: Yes No X )
The City Attorney is required by law to prepare an impartial analysis of City
measures qualifying for the ballot. This report forwards the City Attorney's
impartial analysis of the proposition amending the procedure for awarding a
franchise by the City Council. Additionally, the City Clerk is required by
Elections Code X5016 to select an argument for and an argument against
municipal ballot propositions, giving first priority to arguments submitted by
the legislative body of the municipality. 'Ihe attached resolution embodies an
argument in favor of the ballot proposition and authorizes the Mayor to sign
it on behalf of the City Council for submission to the Clerk for placement on
•the ballot.
RECOMMENDATION: 1. Note and file this report.
2. Review the attached proposed ballot argument and
approve the resolution adopting it if it meets with your
approval.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On July 14, 1987, the City Council approved an amendment to the resolution
calling the municipal election on November 3, 1987 to add to the ballot a
proposition to amend Section 1201 of the City Charter relating to the
procedure applicable to the granting of a franchise by the City Council. You
also directed the Clerk to forward a copy of the proposition to the City
Attorney for preparation of the impartial analysis required by Elections Code
Section 5011. 'That analysis has been prepared and will appear on the ballot
as follows:
"This proposition proposes to
the Chula Vista City Charter.
when considering whether to
Council must (1) do so in a
• and adoption of a Resolution
amend Article XII, Section 1201 of
Under the current Charter section,
grant a City franchise, the City
public hearing (2) following notice
of Intention to grant a franchise.
Agenda Item No. I1
• Meeting Date: 8/18/87
Page Two
The Charter requires the Resolution of Intention to contain the
terms and conditions of the proposed franchise agreement. Under
the current Charter requirement, if the Council, following public
input, determines to change those proposed terms and conditions,
it must begin the process again. 'That is, if the terms and
conditions of the proposed franchise are changed from those set
forth in the Resolution of Intention, a new Resolution of
Intention must be adopted and published and notice given of
another public hearing.
If the proposition is approved by the voters, Section 1201 would
be amended to allow the franchise to be granted at the same
meeting, following a notice public hearing, at which time the
Resolution of Intention is considered, even if the Council
determines to change the proposed terms and conditions set forth
in the Resolution of Intention."
The Elections Code also requires the City Clerk to select an argument for and
an argument against any City measure on the ballot. In selecting those
arguments, the City Clerk is required to give preference and priority to,
first, the legislative body, member or members of the legislative body
authorized by that body. 'The attached resolution sets forth a proposed
~rgument in favor of the proposition and authorizes the Mayor to sign the
argument for the proposition on behalf of the City Council. If it meets with
your approval, you should approve it so the Clerk may place it on the ballot.
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the City Council of
Chula /V/ista, California
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