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HomeMy WebLinkAbout7.2 Fireworks Ballot Measure i CITY OF DUBLIN AGENDA STATEMENT Meeting: Date: July 12,..1982 SUBJECT : Report from City Attorney re Fireworks Advisory Ballot Measure EXHIBITS ATTACHED: Memos. from City Attorney dated June 29 and June 16, 1.9$2, Resolutions, letter from City. Attorney to Anne Henderson dated June 30, 1982 RECOMMENDATION : Consider FINANCIAL STATEMENT:. City share of the election cost. estimated at $2,500. DESCRIPTION : The City Attorney has prpeared two resolutions for City Council consideration which would enable the voters of Dublin to vote on an advisory measure as to whether the sale of fireworks should be banned within the City. 9 .The City Attorney will-report to the City Council at the meeting.. Copies To: ~ ~ ITEM NO. t • ~ q THE CITY OF DUBLIN I' P.O. Box 2340 a Dublin. CA 94566 (415) 829-3543 -I TO: CITY MANAGER AND CLERK FROM: CITY ATTORNEY DATE: June. 29, 2982 RE: SPECIAL ELECTION FOR FIREWORKS ADVISORY MEASURE; .NECESSARY RESOLUTIONS In the event that the the Council approves of the language submitted for the fireworks. sale .measure, the following procedure must be followed: 1. A resolution calling the special election must be adopted. (Elections Code § 2653) The resolution must provide thaw notice ofthe special election shall be published .not later than 50 days before the election date. (Elections Code § 2654) 2. The date for the special election may be the date of the regular election on November 2,.1982. (Elections Code ~ 2500) 3. In the event that the special election is to be held on the same date as a statewide election (November 2, 1982), it may be consolidated-with the state- .wide election. (Elections Code § 23314) 4. At least 88 days prior to the statewide election (August 6, 1982), the City shall file, with the Board of Supervisors and the. County Registrar of Voters, a resolution requesting the consolidation and setting forth. the exact. .language of the advisory measure. The resolution shall be adopted at the same time as the resolution calling the special election. (Elections Code.§ 23302) Attached hereto are proposed resolutions for adoption on July 12, 1982. The Alameda County Registrar of Voters advises. me that, while nothing other than a reasonable date is required. by Elections Code ~ 5015, the Registrar suggests. that all arguments for and aginst the measure should be submitted to the City Clerk by the same August 6, 1982,.date. Jm HE ~IT~ OF DUBLIN P.O. Box 2340 .Dublin, CA 94566 (415). 829-3543 TO: CITY MANAGER AND CLERK FROM: CITY .ATTORNEY DATE: June 29, 1982 RE: SPECIAL ELECTION FOR FIREWORKS ADVISORY MEASURE; .NECESSARY RESOLUTIONS In the event that the th$ Council approves of the language submitted for the fireworks sale measure, the following procedure must be followed: 1. A resolutian calling the special election must be adopted. (Elections Code § 2653) The resolution mush provide that notice o t e special election shall be published not later than 50 days before the election date. (Elections Code § 2654) 2. The date for the special election may be the date of the regular election on November 2, 1982. .(Elections Code § 2500) 3. In the event that the special election is to be held on the same date as a statewide election (November 2, 1982), it may be consolidated with..thestate- wideelection. (Elections Code § 23314) 4. At least 88 days prior to the statewide election (August 6, 1982), the City shall file, with the Board of Supervisors and the County Registrar of Voters, a resolution requesting the consolidation and setting forth the exact language of the. advisory measure. The resolution. shall be adopted at the same time as the resolution calling the special election. (Elections Code § 23302) attached hereto are proposed. resolutions for adoption on July 2, 1982. The Alameda County Registrar of Voters advises me that, while .nothing other than a reasonable date is required by Elections Code.§ 5015, the Registrar suggests that all arguments for and aginst the measure should be submitted to .the City Clerk by the same August 6, 1982, date.. Jm . THE (;ITY OF ~UBY,IN P.O. Box 2340 Dublin, CA 94566. (415) 829-3543 TO: COUNCILMEMBERS FROM: CITY ATTORNEY ...DATE: June 16, 1982 RE: BALLOT MEASURE FOR BAN ON SALE OF FIREWORKS; NOVEMBER 2, 1982 GENERAL ELECTION On June 14, 1982, I met with Mrs. Ann Henderson, proponent'of the. referendum on the sale of fireworks ordinance, to draft the language for the advisory measure, which the Council agreed to place on the November 2, 1982, General Election ballot.. Subject to your approval, Mrs. Henderson and.I agreed uponthe following language:. "Should the City of Dublin enact an ordinance which would prohibit the sale of .fireworks within the. City limits?" WhaNt ver theme f al language may be, the placement of the measure on the ballot is governed by Elections Code 5010 et seq. Section 5011 requires the City Attorney to prepare an impartial ana ysis of the measure showing the effect of the measure on existing law and the operation of the measure. This analysis is to be 500 words or less in length, and shall be printed preceding the arguments for and against the measure. My analysis follows: "This measure is advisory only. It has no effect. on the validity of Dublin Ordinance No. 10, adopted on March 29, 1982, which authorizes and regulates the sale of safe and sane fireworks in the .City of Dublin. In the event that a majority of .the electorate vote in favor of the measure and the City Council -desire to accommodate the will of the electorate, it will be necessary for the City Council to adopt an ordinance which ..repeals Ordinance No. 10 and .prohibits the sale of fireworks in Dublin." Section 5013 provides that any person or association may file a written argument in favor or aga~~nst the measure. The arguments shall be printed.. and enclosed with. the sample 4 ' COUNCILMEMBERS June 16, 1982 Page 2 ballot. Mrs. fenderson informed me that she does not desire to submit an argument in favor of the measure. She .does, howeve"r, reserve the right to do so inthe event that some- one files an_argument against. the measure. Section 5015 requires the City Clerk to establish a reasonable date prior to the election for the filing of arguments. In the event that the Council desires to change the language suggested for the measure, it should do so as soon: as possible.. If the above language is satisfactory, the Council should direct staff to prepare a resolution requesting that the measure ..before the voters at a special election be placed and requesting the Board of Supervisors to consolidate the special election with the. general election in November. bh - Copy to: Mrs. Ann .Henderson 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE>CITY OF DUBLIN CALLING A SPECIAL ELECTION FOR NOVEMBER 2, 1982 FOR. THE PURPOSE OF. VOTING ON AN ADVISORY MEASURE .WHEREAS, the Gity Council of the City of Dublin has, in response to a request by a number of citizens agreed to call a special election for the purpose of submitting to the voters an advisory measure pertaining to the sale of fireworks in the City of Dublin; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin, and pursuant to Sections 2500 and 2653 of the Elections Code, that a special. election is here- by called, to take place on November 2, 1982, for the submis- lion to the registered voters of the City of Dublin of the following advisory measure: "Should the City of Dublin enact an ordinance which would prohibit the sale of fireworks within the city limits" BE IT FURTHER .RESOLVED that, pursuant to Section 2654. of the Elections Code, notice of the date of the special election shall be published. in a newspaper of general cir- culation not later than fifty (50) days prior to the date of said special election. PASSED, APPROVED AND ADOPTED. this 12th day of July, 1982, by the following voter AYES: NOE5: ABSENT: MAYOR CITY CLERK RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIiQ REQUESTING THE ALAMEDA COUNTY BOARD OF SUPERVISORS TO ORDER THE CONSOLIDATION OF A SPECIAL.CITY ELECTION WITH THE STATEWIDE REGULAR .ELECTION ON NOVEMBER 2, 1982 WHEREAS, the City Council of the City-of Dublin adapted, on this date, a resolution calling a special election for November 2, 1982, for the submission to the registered voters of the City. of Dublin of the following measure: "Should the City of Dublin enact an ordinance which would prohibit the sale of fireworks within the city limits" and; WHEREAS,. Section 23314 of the Elections Code provides that., in the event a special city election is to be held on the same date as a statewide general election, it may be con- . soiidated with the statewide election upon request made of the County Board of Supervisors; NOW, THEREFORE, BE IT RESOLVED that .the Alameda County Board of Supervisors is hereby requested to order the can- solidation of the City of Dublin special election, set for November 21, 1982, with the statewide general election which is set forthe same date; BE IT FURTHER RESOLVED that, pursuant to Section 23302. of the Elections Code, certified. copies of this Resolution be filed with the Alameda County Board of Supervisors and. the Alameda County Registrar of Voters not. later than eighty-' eight (88) days prior to November 2, 1982. PASSED, APPROVED AND ADOPTED this 12th day of July, 1982, by the following vote.: AYES: NOES: ABSENT: MAYOR CITY CLERK LY~rcx ~ NavE JEREM UH J. LYNCH ATTORNEYS AT LAW MicHAE~ a. HAVE A PROFESSIONAL CORPORATION aoaExr s. wRinK~E 1201 HOWARD AVENUE CHARlEB L LIGHT P. O. BOX 208 BURLINGAME CALIFORNIA'Sj2010 14151 348.7130 June 30, 1982 Ms. Ann Henderson 11673 Amarillo Court Dublin, CA 94566 Re: :July 12, 1982, Council Meeting ' Resolution. re Fireworks Ballot.Measure Dear Ms. Henderson: The City .Council of the City of Dublin will consider-the advisory ballot measure on fireworks sales at the regular Council meeting on July 12, 1982. The Council may, at that time, change the language .that we submitted, and you may desire to speak on the matter. You should .also .know that you cannot rebut to a ballot argument against the measure unless you sub- mit an argument in favor of the measure. Very truly yours, G` TY OF DUBLIN / ~ ~ ichael R. Nave. City.Attorney MRN/jm cc: Rich Ambrose Glenn Forbes