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HomeMy WebLinkAbout7.1 Special Election for Fireworks CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 21 , 1987 SUBJECT Report from City Attorney on Special Election related to Fireworks. EXHIBITS ATTACHED 1) Memorandum from City Attorney dated July 9, 1987 2a) & 2b) Resolutions related to submitting an ordinance to the voters regulating fireworks. 3a) & 3b) Resolution, related to submitting an advisory measure to voters on the regulation of fireworks. RECOMMENDATION Consider alternatives below and provide Staff with appropriate direction. FINANCIAL STATEMENT: See Below. DESCRIPTION At its meeting of June 22, 1987 , the City Council determined that the issue of whether or not to ban the sale , use , and possession of fireworks should be put on the ballot as a Council Initiative . At that meeting , it wa-s understood that Staff would prepare an outline of election options . . On June 23 , 1987 Councilmember Snyder requested that Councilmember Hegarty reconsider his , motion at the earlier meeting and consider changing the Council Initiative to an Advisory Election. The City Attorney has identified the following options for calling a special election related to the Fireworks issue . Option 1 . The City could call a special election, which would not be consolidated with any other election. Cost — exact cost undetermined , but will be substantially in excess of $8 , 269. Option 2 . The City could call a special election and request consolidation with the South County Community College District Election to be held on November 3, 1987 . If this option was selected, the executed resolution would have to be delivered to the County Registrar of Voters not later than July 22 , 1987 . The City Attorney ' s Office has prepared two sets of resolutions in the event the Council is interested in pursuing this option. The first set of resolutions (Exhibit 2a & 2b) provide for the placement of a Proposition on the November 3 , 1987 Ballot. and establishing guidelines related to Ballot Arguments and an Impartial Analysis. The second set of resolutions (Exhibits 3a & 3b) provide for placement of a ballot proposal to the voters for an advisory vote on the November 3 , 1987 Ballot , as well as the establishment of guidelines related to Ballot Arguments and the Impartial Analysis . ---------------------------------------------------------------------------- COPIES TO: ITEM NO. Cost - The Registrar of Voters has indicated the cost of this option 'to be approximately one dollar per registered voter or $8, 269 . Option 3 . The City could call a special election and place the .measure on the ballot with the statewide election in June 1988.. IF the council selected this option and the ballot measure was approved , it would in all likelihood not be effective until after July 4, 1988 , since legally the County Registrar of Voters and the City Council would have to have adequate time to certify the election results. It is also important to recognize that the Fireworks booth permit process is completed prior to June. If the City Council wished to pursue this option, the City Attorney would bring back the appropriate resolutions at a future City Council meeting. Cost - the Registrar of Voters estimated the cost of this option at $1 ,500. Recommendation. It is Staff ' s recommendation to consider the above options and provide Staff with appropriate direction . MEYERs, NAVE, RIBACK & WEST MICHAEL R.NAVE ATTORNEYS AT LAW PENINSULA OFFICE STEVEN R.MEYERS 1220 HOWARD AVE.,SUITE 250 NATALIE E.WEST CIVIC CENTER COMPLEX BURLINGAME,CA 94010 ELIZABETH H.SILVER 835 EAST 14TH STREET MICHAEL S.RIBACK SAN LEANDRO,CALIFORNIA 94577 (415)348-7130 (41 5)577.3333 MARIN OFFICE OF COUNSEL 1202 GRANT AVE..SUITE E THOMAS F.BERTRAND NOVATO,CA 94947 (415)892-8878 REPLY TO: MEMORANDUM TO: City Council DATE: 7/9/87 FROM: Elizabeth H. Silver, Assistant City Attorney RE: Submittal of Proposed Fireworks Ordinance to Voters At the Council meeting of June 22, the Council asked for advice regarding the process for submitting an ordinance prohibiting the manufacture, sale, and use of "safe and sane fireworks" within the City to the voters at the next election. Submittal of Proposition to Voters Without Petition. Elections Code § 4017 provides: "The legislative body of the city may submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special city election, and if the proposition submitted receives a majority of the votes cast on it at the election, the ordinance shall be repealed, amended or enacted accordingly. A proposition may be submitted, or a special election may be called for the purpose of voting on a proposition, by ordinance or resolution. " Thus, the Council may, by ordinance or resolution, submit to the voters a proposition for the enactment of an ordinance without the requirement of a petition signed by a specified percentage of the voters as is required for an initiative . If a majority of the votes at the election are in favor of the ordinance, it shall be enacted. Memorandum to City Council Re: Submittal of Proposition to Voters re Fireworks July 9, 1987 Page 2 Amendment of Ordinance if Enacted. If the ordinance is enacted it may only be amended by vote of the people, unless the ordinance itself specifies otherwise . Elections Code § 4013 . Effective Date of Ordinance. If a majority of the voters vote in favor, the ordinance shall become valid and shall be considered adopted upon the date the vote is declared by the City Council. The ordinance shall go into effect 10 days after such date . Elections Code § 4013. Time for Election. Inasmuch as there is no regular city election on November 3, 1987, a special election must be called. We have been advised by the Registrar of Voters that the suggested last day for the Council to pass a resolution submitting the proposed ordinance to the voters and calling a special election is July 13, 1987 . Conduct of Election. Since there is no statewide general election this November the County Registrar of Voters will conduct the City' s special election only if the Board of Supervisors approves the request and the City and the County enter into an agreement whereby the City agrees to pay the costs of the election. The Registrar of Voters has advised us that the cost will be substantially in excess of one dollar per registered voter. There are 8,269 registered voters in Dublin. An alternative is for the City to request the South County Community College District (Chabot College) or Murray Elementary School District and Pleasanton Joint Unified District to consolidate the City' s special election with the school election. This would enable the City to share costs with the school districts. If consolidated, the cost will be approximately one dollar per registered voter . The Council and the governing board of the school district must pass resolutions consolidating the elections and submit the resolutions to the Registrar by August 7 . Elections Code § 23302 . The Board of Trustees of the South County Community College District passed a resolution on June 16, 1987, which requests consolidation of the election being held in Trustee Area No. 5, which includes all of the City of Dublin, with any city election to be held in that area on November 3, Memorandum to City Council Re: Submittal of Proposition to Voters re .Fireworks July 9, 1987 Page 3 1987 . We have been advised by the County Counsel and County Registrar that this resolution is sufficient if the Registrar receives a letter from the Secretary of the Board of Trustees stating that the resolution was drafted so that if any city called an election it could be consolidated. A third alternative is to put the measure on the ballot in June 1988 when there is a statewide election. The cost to the City would then be approximately $1, 500, according to the Registrar of Voters. Printing. The City Clerk must have the proposition printed and copies must be available to voters upon request. Elections Code § 4018. Ballot Arguments. If no other method is provided by general law or by City charter or City ordinance, arguments for and against a City measure (or proposition) may be submitted to qualified voters. If there is another method provided that method controls. Elections Code § 5012 . The legislative body, any member of the legislative body authorized by that body, any individual voter eligible to vote on the measure, any bonafide association of citizens, or any combination of voters and associations may file ballot arguments. Elections Code § 5013. The City Clerk shall cause an argument for and against the measure to be printed along with the following statement: "Arguments in support or opposition of the proposed laws are the opinions of the authors . " The City Clerk shall enclose printed copies of both arguments with each sample ballot. Arguments should be titled: "Argument in favor (or against) Measure (or Proposition) " The ballot arguments: - Cannot exceed 300 words (Elections Code § 5013 ) . Must be accompanied by name(s) of person( s) submitting them (Elections Code § 5014) . - Can contain no more than 5 signatures . J Memorandum to City Council Re: Submittal of Proposition to Voters re .Fireworks July 9, 1987 Page 4 The City Clerk shall determine and fix a deadline for receipt of arguments based on time reasonably necessary to prepare and print the arguments and sample ballots and to allow for the 10-calendar-day public examination period. The Registrar of Voters has suggested August 17 as the deadline. Persons who filed the argument in favor may prepare rebuttal arguments not exceeding 250 words. Elections Code § 5014. 5. Rebuttal arguments shall be -filed with the clerk not more than 10 days after final date for filing direct arguments (August 27 ) . Rebuttal arguments may be included only if the Council so provides in the resolution calling the election. Elections Code § 5014. 5 (b) . (The proposed resolution we have prepared allows rebuttal arguments; if the Council does not wish to provide for rebuttal arguments paragraph 3 of the resolution should be omitted. ) If more than one argument for or against is submitted to the Clerk within the prescribed time, the City Clerk shall select one argument for and one against for distribution to voters. Elections Code § 5016. The Clerk shall give preference and priority to: 1 . The City Council or authorized members of the Council; 2 . Individual voter or bonafide association of citizens, or combination of voters and associations who are bonafide sponsors or proponents of measures; 3 . Bonafide associations of citizens; 4. Individual voters eligible to vote on the measure. Impartial Analysis. When a City measure or proposition is placed on the ballot, the Council may direct the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis which shall be printed preceding arguments for and against the measure and shall not exceed 500 words. Elections Code § 5011 . The resolution submitting the proposition to the voters should direct the City Attorney to prepare an impartial analysis within the time specified by statute. Elections Code § 5015 . Memorandum to City Council Re: Submittal of Proposition to Voters re Fireworks July 9, 1987 Page 5 Wording. The proposition submitted to the voters shall clearly indicate that, if passed, a definite legislative enactment shall follow. (31 Ops.Atty.Gen. 100, 101 ) . The attached resolution contains the wording which we would suggest the Council adopt, if it determines to present the ordinance to the voters. In addition, the resolution would call a special election to be consolidated with the Community College District election and would request the Board of Supervisors to permit the Registrar of Voters to conduct the election and authorize the payment for such services. Advisory Measure. As an alternative to a ballot proposition, which is binding, the Council may place an advisory measure on the ballot. Elections Code § 5353. An advisory vote is only that and is not binding on the Council. We have prepared the necessary resolutions to place an advisory measure on the ballot as an alternative to the binding ballot proposition. Elizabeth H. Silver EHS :cw RESOLUTION NO.. -87 RESOLUTION OF THE CITY COUNCIL OF DUBLIN SUBMITTING A PROPOSED ORDINANCE TO THE VOTERS; DESIGNATING THE FORM IN WHICH THE PROPOSITION SHALL APPEAR ON THE BALLOT; CALLING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1987; REQUESTING CONSOLIDATION WITH THE SOUTH COUNTY COMMUNITY COLLEGE DISTRICT ELECTION TO BE HELD ON NOVEMBER 3, 1987 ------------------------------------------------------------------ BE IT RESOLVED by the Council of the City of Dublin as follows : WHEREAS , the City Council, on its own motion, is submitting to the vote of the electors of the City of Dublin a proposition for the enactment of an ordinance relating to the manufacture, sale and use of Safe and Sane Fireworks, which is set forth in full in Attachment A; 1. WHEREAS , certain actions are required in connection with said election; NOW, THEREFORE, BE IT RESOLVED as follows: 1 . That a Special Municipal Election to be held in the City of Dublin on November 3, 1987 is hereby called. 2 . That the Special Municipal Election to be held in the City of Dublin on November 3 , 1987, be consolidated with the South County Community College District election scheduled to be held on November 3, 1987 , pursuant to Education Code § 5342. 3 . That the Council of the City of Dublin hereby submits a proposition for the enactment of an ordinance to be voted upon by the voters at said Special Municipal Election to be held in the City of Dublin on November 3, 1987. 4. That the proposition shall appear and be printed upon the ballots to be used at the election as follows : PROPOSITION A YES NO Shall an ordinance entitled "An Ordinance of the City of Dublin Regulating the manufacture, sale and use of 'Safe and Sane Fireworks'" be adopted? 5. That the City Clerk is hereby directed to cause the posting, publication and printing of notices and the proposed ordinance pursuant to the requirements of the Government Code and the Elections Code of the State of California. 6. That the City Clerk is further directed to transmit a copy of this resolution to the Alameda County Registrar of Voters on or before August 7, 1987 . 7. That the City Clerk is further directed to send a letter to the South County Community College District requesting the Secretary of the governing board of the South County Community College District to advise the Registrar that Resolution 37-867, adopted by the Board of Trustees on June 16, 1987, was written so that if any city election was called on November 3, 1987, it could be consolidated with the Community College District election. PASSED, APPROVED AND ADOPTED this th day of 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- . J AN ORDINANCE OF THE CITY OF DUBLIN REGULATING THE MANUFACTURE, SALE AND USE OF "SAFE AND SANE FIREWORKS" The People of the City of Dublin do ordain as follows: Section 1 . DEFINITIONS . For the purpose of this Ordinance, the words and phrases "fireworks" , "safe and sane fireworks" and "safe and sane and/or regulated fireworks" shall have the respective meanings ascribed to them in Sections 12500 et. seq. of the Health & Safety Code of the State of California. Section 2. PROHIBITIONS. (a) The manufacture of fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks is prohibited within the City of Dublin. (b) It is unlawful for any person to sell, offer for sale, solicit the sale of, possess, purchase, use, or ignite fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks within the City of Dublin except as provided in this Ordinance . Section 3. EXCEPTIONS. (a) The City may conduct a public display of fireworks at an approved site. The City may contract with a licensed pyrotechnic operator to conduct the display. Any public display shall be performed in accordance with the rules and regulations of the State Fire Marshal . Section 4. PROVISIONS TO SUPPLEMENT STATE FIREWORKS LAW. The provisions of this Ordinance shall supplement and be construed in harmony with the "State Fireworks Law" (Part 2, Division 11 of the Health & Safety Code of the State of California) and other applicable provisions of the laws of the State of California. Section 5. SEIZURE OF FIREWORKS . The Fire Chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this Ordinance. Section 6 . VIOLATION OF THIS ORDINANCE. Persons violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not exceeding 30 days, or both such fine and imprisonment. Section 7 . REPEAL OF DUBLIN ORDINANCE NO. 10-82 AND NO. 12-82 . Dublin Ordinances No. 10-82 and No. 12-82 are hereby repealed. RESOLUTION NO. -87 RESOLUTION RELATING TO BALLOT ARGUMENTS AND IMPARTIAL ANALYSIS ------------------------------------------------------------------ WHEREAS, a Special Municipal Election has been called within the City of Dublin for Tuesday, November 3, 1987; and WHEREAS, at such election there will be one ballot proposition to be voted on; and WHEREAS, it is appropriate to set the last day for filing arguments for or against such proposition. WHEREFORE, IT IS RESOLVED as follows: Paragraph 1 . The last day for filing arguments for or against the proposition appearing on the November 3, 1987 Special Municipal Ballot, such proposition being set forth in Paragraph 5 hereafter, shall be August 17, 1987 at 4:00 p.m. , and all such arguments shall be filed with the office of the City Clerk, 6500 Dublin Boulevard, Dublin, California. Paragraph 2 . No argument shall exceed 300 words in length. Paragraph 3 . Rebuttal arguments not to exceed 250 words may be submitted to the City Clerk by August 27, 1987. Paragraph 4 . The City Clerk is directed to transmit a copy of the proposed ordinance to the City Attorney who is hereby directed to prepare an impartial analysis of the proposition not to exceed 500 words. The City Attorney is directed to submit the impartial analysis to the City Clerk on or before August 17 , 1987. Paragraph 5 . The proposition above referred to is as follows: "An Ordinance of the City of Dublin Regulating the Manufacture, Sale and Use of 'Safe and Sane Fireworks'" The People of the City of Dublin do ordain as follows: Section 1 . DEFINITIONS . For the purpose of this Ordinance, the words and phrases "fireworks" , "safe and sane fireworks" and "safe and sane and/or regulated fireworks" shall have the respective meanings ascribed to them in Sections 12500 et. seq. of the Health & Safety Code of the State of California. y fi m� Section 2 . PROHIBITIONS . (a) The manufacture of fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks is prohibited within the City''of Dublin. (b) It is unlawful for any person to sell, offer for sale, solicit the sale of, possess, purchase, use, or ignite fireworks or safe and sane fireworks or safe and sane and/or regulated fireworks within the City of Dublin except as provided in this Ordinance. Section 3 . EXCEPTIONS . (a) The City may conduct a public display of fireworks at an approved site. The City may contract with a licensed pyrotechnic operator to conduct the display. Any public display shall be performed in accordance with the rules and regulations of the State Fire Marshal. Section 4. PROVISIONS TO SUPPLEMENT STATE FIREWORKS LAW. The provisions of this Ordinance shall supplement and be construed in harmony with the "State Fireworks Law" (Part 2, Division 11 of the Health & Safety Code of the State of California) and other applicable provisions of the laws of the State of California. Section 5 . SEIZURE OF FIREWORKS . The Fire Chief shall have the authority to seize, take, remove, or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of this Ordinance. Section 6 . VIOLATION OF THIS ORDINANCE. Persons violating this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed $500.00 or by imprisonment in the county jail for a period not exceeding 30 days, or both such fine and imprisonment. Section 7 . REPEAL OF DUBLIN ORDINANCE NO . 10-82 AND NO . 12-82 . Dublin Ordinances No. 10-82 and No. 12-82 are hereby repealed. " PASSED, APPROVED AND ADOPTED this th day of 1987 . AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- RESOLUTION NO. -87 RESOLUTION OF THE CITY COUNCIL OF DUBLIN SUBMITTING A BALLOT PROPOSAL TO THE VOTERS FOR AN ADVISORY VOTE; DESIGNATING THE FORM IN WHICH THE ADVISORY MEASURE SHALL APPEAR ON THE BALLOT; CALLING AN ADVISORY ELECTION TO BE HELD ON NOVEMBER 3, 1987; REQUESTING CONSOLIDATION WITH THE SOUTH COUNTY COMMUNITY COLLEGE DISTRICT ELECTION TO BE HELD ON NOVEMBER 3, 1987 ------------------------------------------------------------------ BE IT RESOLVED by the Council of the City of Dublin as follows: WHEREAS, the City Council desires an advisory vote of the electors of the City of Dublin with respect to the enactment of an ordinance relating to the manufacture, sale and use of Safe and Sane Fireworks; WHEREAS, certain actions are required in connection with said election; NOW, THEREFORE, BE IT RESOLVED as follows: 1 . That an Advisory Election to be held in the City of Dublin on November 3, 1987 is hereby called. 2. That the Advisory Election to be held in the City of Dublin on November 3, 1987, be consolidated with the South County Community College District election scheduled to be held on November 3 , 1987, pursuant to Education Code § 5342. 3 . That pursuant to Elections Code § 5353 the Council of the City of Dublin hereby submits to the voters a ballot proposal for an advisory vote with respect to the enactment of an ordinance prohibiting the manufacture, sale and use of "safe and sane fireworks" to be voted upon by the voters at said Advisory Election to be held in the City of Dublin on November 3, 1987. 4. That the ballot proposal shall appear and be printed upon the ballots to be used at the election as follows : t, , -�cc ADVISORY VOTE ONLY YES NO Should the City Council of the City of Dublin enact an ordinance prohibiting the manufacture, sale and use of 'Safe and Sane Fireworks' ? 5. That the City Clerk is hereby directed to cause the posting, publication and printing of notices and all other matters pursuant to the requirements of the Government Code and the Elections Code of the State of California. 6. That the City Clerk is further directed to transmit a copy of this resolution to the Alameda County Registrar of Voters on or before August 7 , 1987. 7 . That the City Clerk is further directed to send a letter to the South County Community College District requesting the Secretary of the governing board of the South County Community College District to advise the Registrar that Resolution 37-867, adopted by the Board of Trustees on June 16, 1987, was written so that if any city election was called on November 3 , 1987, it could be consolidated with the Community College District election. PASSED, APPROVED AND ADOPTED this th day of 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2- RESOLUTION NO. -87 RESOLUTION RELATING TO BALLOT ARGUMENTS AND IMPARTIAL ANALYSIS ------------------------------------------------------------------ WHEREAS, a Advisory Election has been called within the City of Dublin for Tuesday, November 3, 1987; and WHEREAS, at such election there will be one Advisory measure to be voted on; and WHEREAS, it is appropriate to set the last day for filing arguments for or against such Advisory measure. WHEREFORE, IT IS RESOLVED as follows: Paragraph 1 . The last day for filing arguments for or against the ballot proposal appearing on the November 3, 1987 Advisory Election, such question being set forth in. Paragraph 5 hereafter, shall be August 17 , 1987 at 4:00 p.m. , and all such arguments shall be filed with the office of the City Clerk, 6500 Dublin Boulevard, Dublin, California. Paragraph 2 . No argument shall exceed 300 words in length. Paragraph 3 . Rebuttal arguments not to exceed 250 words may be submitted to the City Clerk by August 27, 1987. Paragraph 4 . The City Clerk is directed to transmit a copy of the ballot proposal to the City Attorney who is hereby directed to prepare an impartial analysis of the ballot proposal not to exceed 500 words. The City Attorney is directed to submit the impartial analysis to the City Clerk on or before August 17, 1987. .... _ .,..... ., .... .... .k........4 ... ....,................_,. ,.,......,w.....;_,-,,,. rr--.a as. ,. ....,. -, :., ., -. .. .. ... Paragraph 5 . The ballot proposal above referred to is as follows : "Shall the City Council of the City of Dublin enact an ordinance prohibiting the manufacture, sale and use of ' safe and sane fireworks ' ?" PASSED, APPROVED AND ADOPTED this th day of 1987. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk -2-