HomeMy WebLinkAboutCity of Chico Resolution No 71-16 , "w
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July 6,2016
Honorable Board of Supervisors of the County of Butte
Clerk of the Beard
25 County Center Drive
Oroville, CA 95965
Re. City of Chico Resolution No. 7I-16
Dear Chair and Members of the Board
Per my letter of dune 24,2016, enclosed please find a certified copy of Resolution l'~'io.
71-16 regarding amendments to the Chico City Charter, which was acted on at the July
5, 2016, City Council meeting
A copy of this letter and a certified copy of this resolution will be forwarded to Candace
Grubbs, Butte County Elections Department.
Please contact me at 896-7251 should you have any questions regarding this matter
Sincerely,
Deborah R. Presson, MMC
City Clerk& Elections Official
Enclosures
cc: Candace Grubbs, Butte County Elections - w/certifzed copy af'resolution
City Manager
2016 Election.Pile
I RESOLUTION NO. 71-16
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHICO, CALIFORNIA, SUBMITTING TO THE QUALIFIED
3 ELECTORS OF THE CITY OF CHICO AMENDMENTS TO
4 SECTIONS 602, 1110, AND 1114 OF THE CHARTER OF THE
CITY OF CHICO AT THE MUNICIPAL ELECTION TO BE
5 HELD ON NOVEMBER 8, 2016; AND AUTHORIZING
RELATED ACTIONS INCLUDING DIRECTING THE CITY
6 ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF
7 THE MEASURES AND AUTHORIZING ARGUMENTS AND
REBUTTAL ARGUMENTS FOR OR AGAINST THE
8 MEASURES
9
10 WHEREAS, pursuant to authority provided by Section 3 of Article XI of the California
11 Constitution, Section 500 of the Chico City Charter ("Charter"), Section 9255 of the California
12 Elections Code, and Government Code Section 34458, the City Council ("Council") of the City
13 of Chico ("City") desires to submit to the qualified electors three proposed Charter Amendments;
14 WHEREAS, the Council is authorized by the California Constitution, Section 500 of the
15 Charter, and by State statutes to submit these proposed Charter Amendments to the qualified
16 electors of the City at a general municipal election to be held the same date as the November 8,
17 2016 statewide general election;
18 WHEREAS, on June 21, 2016, the City Council adopted Resolution No. 63-16, calling a
19 General Municipal Election to be held in the City on November 8, 2016, and requesting
20 consolidation of that election with the statewide General Election to be held on November 8,
21 2016; and .
22 WHEREAS, the Council wishes to submit three (3) Charter Amendments to the voters at
23 the November 8, 2016, General Municipal Election.
24 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHICO DOES
25 RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
26 1. That the Council finds and determines that the above recitals are true and correct.
27 2. That, pursuant to Section 3 of Article XI of the California Constitution, Section 500 of
28 the Charter and State statutes, the Council hereby orders the following questions be
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I submitted to the qualified voters of the City at the General Municipal Election on
2 November 8, 2016, as references in Resolution No. 63-I6.
3 The full text of the proposed Charter Amendments (with additions to and deletions from
4 the current Charter text indicated thereon) shall be in the form attached hereto as
5 Attachments 1, 2 and 3, and are hereby incorporated by reference into this Resolution.
6 Said proposed Charter Amendment measures shall appear upon the ballots in
7 substantially the following form:
8
9 MEASURE YES
10 Shall Section 602 of the Chico City Charter be amended
to change the time of the City Council Meeting held on NO
II the first Tuesday in December of each even-numbered
12 year from 7:30 p.m.to 6:00 .m.?
13
14 MEASURE YES
15 Shall Section I 110 of the Chico City Charter be amended
to allow for notice of intention to receive proposals for NO
16 public works contracts to be provided on the city's
17 website or other approved methods?
18
19 MEASURE YES
20 Shall Section 1114 of the Chico City Charter be amended NO
to permit the council to contract with a newspaper for
21 publication of legal notices and official advertisements
without advertising for the contract when there is only one
22 newspaper of general circulation in the City?
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24 3. That the ballots to be used at the November 8, 2016 election shall be in a form and
25 content required by law.
26 4. That only the qualified electors of the City of Chico are entitled to vote at said election on
27 these proposed Charter Amendments and if a majority of the qualified electors voting on
28 a proposed Charter Amendment vote in favor, said proposal shall be deemed approved.
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1 5. That the City Clerk shall transmit a copy of each measure to the City Attorney, and the
2 City Attorney shall prepare an impartial analysis of each measure in accordance with
3 Elections Code Section 9280. The impartial analysis shall not exceed 500 words showing
4 the effect of the measure on the existing law and the operation of the measure. The
5 analysis shall include a statement indicating whether the measure was placed on the
6 ballot by a petition signed by the requisite number of voters or by the governing body of
7 the city. In the event the entire text of the measure is not printed on the ballot, nor in the
8 voter information portion of the sample ballot, there shall be printed immediately below
9 the impartial analysis, in no less than 10-point type, the following: "The above statement
10 is an impartial analysis of Ordinance or Measure If you desire a copy of the ordinance
1 I or measure, please call the election official's office at (insert phone number) and a copy
12 will be mailed at no cost to you." The impartial analysis shall be filed with the City
13 Clerk in accordance with the deadline(s)established by law.
14 6. That pursuant to Elections Code Section 9286, the City Clerk is authorized and directed
15 to fix and determine a reasonable date prior to the election for the submission to the City
16 Clerk of arguments in favor of or against the measures. The arguments shall comply with
17 Elections Code Sections 9282 and 9283. If more than one argument in favor or more than
18 one argument against a measure is submitted within the time prescribed, the City Clerk
19 shall select one of the arguments in favor and one of the arguments against the measure
20 for printing and distribution to the voters, in accordance with Elections Code Section
21 9287. Pursuant to Elections Code Section 9285 when the City Clerk has selected the
22 arguments for and against the measure which will be distributed to the voters, the City
23 Clerk shall send copies of the arguments in favor of the measure to the authors of the
24 arguments against, and copies of the arguments against to the authors of the arguments in
25 favor. Rebuttal arguments shall comply with Elections Code Section 9285, and the City
26 Clerk shall print and distribute such rebuttal arguments in the same manner as the direct
27 arguments, with each rebuttal argument printed immediately following the direct
28 argument which it seeks to rebut.
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1 7. That notice of the true and place of holding the election is given and the City Clerk is
2 authorized, instructed, and directed to give further or additional notice of the election in
3 tune, form and manner as required by law.
4 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter
5 it into the book of original Resolutions and is directed to transmit a certified copy of this
6 Resolution to the Board of Supervisors and the County Clerk of the County of Butte.
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8 THE FOREGOING RESOLUTION WAS ADOPTED at a regular meeting of the City
9 Council of the City of Chico held on the 5th day of July, 2016 by the following vote:
10 AYES: Fillmer, Ritter, Schwab, Stone, Morgan, Sorensen
I1 NOES: Coolidge
12 ABSENT: None
13 ABSTAIN: None
14 DISQUALIFIED: None
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16 ATTEST: APPROVED AS TO FORM:
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19 Deborah R. Presson, City Clerk Vincent C. Ewing, City Attorney*
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21 1, DEBORAH R.PRE�SSON,City Clerk of the *Pursuant to The Charter of the
City of Chico, hereby certify that this is a true and
22 correct copy of the document on file in the City City of Chico, Section 906(E)
Clerk' '6e
C r
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4f�
DR'AZHIAR PRESSON,�MMC,City Clerk
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I Exhibit I to City Council Resolution Regarding Charter Amendments
2 Charter Amendment Measure No.
3 Section 1: TEXT OF AMENDMENT TO SECTION 602 OF THE CITY CHARTER
4 The Charter of the City of Chico is hereby amended as follows (double underlining showing
5 additions and strike through showing deletions):
6 Section 602. Meetings.
7 A. The council shall meet in regular session at 7:30 p.m. on the first Tuesday of
8 each month, provided, however, that the council may designate a different time
9 and date by ordinance subject to the following conditions: (I) such ordinance
10 shall provide for meetings no less often than once each month; and (2) such
I I ordinance shall provide for a regular meeting at 740 EM p.m. of the first
12 Tuesday in December of each even-numbered year.
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14 B. The council may meet at such other times as it shall determine. A special
IS meeting may be called by the mayor, or any four (4) members. Written notice of
16 such special meeting and the purposes thereof shall be given to each member of
17 the council not less than twenty-four (24) hours before the meeting or within that
18 time prescribed by state law, whichever is greater. At any special meeting, only
19 such matters may be acted upon as are referred to in the said written notice or
20 consent. All meetings shall be held in the council chamber building of the city
21 unless another location is designated by ordinance, or in such a place to which
22 any such meeting may be adjourned.
Section 2: BALLOT DESCRIPTION
23
24 As provided in Government Code section 34458.5, the following ballot description is included in
25 this proposed Charter Amendment measure:
26 This Charter Amendment measure would amend Section 602 of the City Charter.
27 Section 602 requires the council to hold a regular meeting at 7:30 p.m. of the first
28 Tuesday in December of each even-numbered year. This Charter Amendment
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I would move the time for the regular meeting from 7:30 p.m. to 6:00 p.m. of the
2 first Tuesday in December of each even-numbered year. This Charter Amendment
3 does not give the City Council power to raise its compensation or that of other
4 City officials without voter approval.
5 Section 3: SEVERABILITY
6 It is the intent of the people that the provisions of this Charter Amendment measure are severable
7 and that if any provision of this Charter Amendment measure, or the application thereof to any
8 person or circumstance, is held invalid such invalidity shall not affect any other provision or
9 application of this Charter Amendment measure which can be given effect without the invalid
10 provision or application.
11 Section 4: CONFLICTING MEASURES
12 In the event this Charter Amendment measure and another measure or measures relating to the
13 matters described herein shall appear on the same general municipal election ballot, the other
14 measure or measure shall be deemed to be in conflict with this Charter Amendment measure. In
15 the event that this Charter Amendment measure receives a greater number of affirmative votes,
16 the provisions of this measure shall prevail in its entirety, and the provisions of the other measure
17 or measures shall be null and void. If this Charter Amendment measure is approved by the voters
18 but superseded in whole or in part by any other conflicting measure approved by the voters at the
19 same election, and such other conflicting measure is later found held invalid, this measure shall
20 be self-executing and given full force and effect.
21 Section 5: EFFECTIVE DATE
22 This Charter Amendment measure shall become effective in the manner allowed by law.
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1 Exhibit 2 to City Council Resolution Regarding Charter Amendments
2 Charter Amendment Measure No.
3 Section 1: TEXT OF AMENDMENT TO SECTION 1110 OF THE CITY CHARTER
4 The Charter of the City of Chico is hereby amended as follows (double underlining showing
5 additions and strike through showing deletions):
6 Section l 110. Public works contracts.
7 City contracts which provide for the construction of a public works project,
8 exclusive of maintenance and repair work, shall be competitively bid whenever
9 the estimated cost of such public works project is equal to or exceeds the cost of a
10 public works project required to be competitively bid under the general laws of
11 the state of California applicable to public works contracts. Notice of intention to
12 receive proposals shall be pWs d at least two weeks before the date of opening of
13 Ube bids on the city's website, and it shall-he Posted in at least one public place in
14 the city that has been designated for the posting of public notices h wever the
15 council may designate a different method of n ti e by Qrdinancc.- jjbject to the
16 following conditions: f l) such ordinance shall provide for notice at least two
17 w peks before the d to of opening of the ds• and 2 such ordinance shall re wire
18 n tice to be posted in at least one..public place in the.city that has been-designated
19 for the pQsting &public ,.,, .,. the 1-newspaper r+i
20bids, Such notice
21 may give a description of the work to be done or may refer to plans and
22 specifications on file in such office as may be specified in such notice. Should the
23 bids received be deemed excessive or unsatisfactory, for any reason, or should no
24 bids be received, the council, board or commission letting the contract may, by a
25 majority vote of all its members, provide for the work to be done by the city
26 manager.
27 Section 2: BALLOT DESCRIPTION
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I As provided in Government Code section 34458.5, the following ballot description is included in
2 this proposed Charter Amendment measure:
3 This Charter Amendment measure would amend Section 1110 of the City Charter.
4 Section 1110 requires City contracts which provide for the construction of a
5 public works project be competitively bid whenever the estimated cost of the
6 project exceeds a certain amount, and requires the City to provide notice of intent
7 to receive proposals for the public works projects once in the official newspaper
8 of the city at least two weeks before the date set for opening of bids for the
9 project. This Charter Amendment would remove the requirement that notice be
10 provided in the official newspaper of the city and require the City to post the
11 notice of intention to receive proposals on the city's website and at least one
12 public place in the city designated for the posting of public notices at least two
13 weeks before the date of opening of bids for the project. This Charter
14 Amendment would also allow the Council to designate additional methods of
15 notice by ordinance, subject to the requirement that the method provide notice at
16 least two weeks before the date of opening of the bids for the project and be
17 posted in at Ieast one public place in the City designated for the posting of public
18 notices. This Charter Amendment does not give the City Council power to raise
19 its compensation or that of other City officials without voter approval.
20 Section 3: SEVERABILITY
2I It is the intent of the people that the provisions of this Charter Amendment measure are severable
22 and that if any provision of this Charter Amendment measure, or the application thereof to any
23 person or circumstance, is held invalid such invalidity shall not affect any other provision or
24 application of this Charter Amendment measure which can be given effect without the invalid
25 provision or application.
26 Section 4: CONFLICTING MEASURES
27 In the event this Charter Amendment measure and another measure or measures relating to the
28 matters described herein shall appear on the same general municipal election ballot, the other
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I measure or measure shall be deemed to be in conflict with this Charter Amendment measure. In
2 the event that this Charter Amendment measure receives a greater number of affirmative votes,
3 the provisions of this measure shall prevail in its entirety, and the provisions of the other measure
4 or measures shall be null and void. If this Charter Amendment measure is approved by the voters
5 but superseded in whole or in part by any other conflicting measure approved by the voters at the
6 same election, and such other conflicting measure is later found held invalid, this measure shall
7 be self-executing and given full force and effect.
8 Section 5: EFFECTIVE DATE
9 This Charter Amendment measure shall become effective in the manner allowed by law.
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3 Exhibit 3 to City Council Resolution Regarding Charter Amendments
4 Charter Amendment Measure No.
5 Section 1: TEXT OF AMENDMENT TO SECTION 1114 OF THE CITY CHARTER
6 The Charter of the City of Chico is hereby amended as follows (double underlining showing
7 additions and strike through showing deletions):
8 Section 1114. Contracts for legal publications.
9 The council shall annually let contracts for publication of legal notices and
10 official advertisements for the ensuing fiscal year. For this purpose the city clerk
11 shall notify by mail each newspaper of general circulation in the city, as defined
12 by California Government Code Section 6008, that sealed bids for such
13 publications are to be received setting forth the details of the publications
I4 contemplated to be done. Each bidder shall include with its bid a verifiable
15 statement of both net paid circulation and net unpaid circulation of its newspaper
16 within the city. The council may accept more than one bid for these publications
17 in any year and the city may then utilize one or more of these approved
18 newspapers for any such publications.
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20 In determining which bids are lowest and best, the council shall take into
21 consideration the circulation, publication rates, and frequency of publication.
22 The council shall not accept any bid at a rate higher than that regularly charged by
23 such bidding newspaper for the same or similar publications or advertising from
24 other customers and may reject any and all bids.
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26 The council may, if no acceptable bid is received, adopt any other legal method
27 for legal publications.
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I If there imnly one news a er of general circulation in the Cit the council may
2 contract with it without advertising for bids.
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4 Section 2: BALLOT DESCRIPTION
5 As provided in Government Code section 34458.5, the following ballot description is included in
6 this proposed Charter Amendment measure:
7 This Charter Amendment measure would amend Section 1114 of the City Charter,
8 Section 1114 requires the council to contract with a newspaper of general
9 circulation in the city annually for publication of legal notices and official
10 advertisements, and requires the council to advertise for bids. The Proposed
I1 Amendment would allow the council to contract with a newspaper of general
12 circulation without advertising for bids if there is only one newspaper of general
13 circulation in the city. This Charter Amendment does not give the City Council
14 power to raise its compensation or that of other City officials without voter
15 approval.
16 Section 3: SEVERABILITY
17 It is the intent of the people that the provisions of this Charter Amendment measure are severable
18 and that if any provision of this Charter Amendment measure, or the application thereof to any
19 person or circumstance, is held invalid such invalidity shall not affect any other provision or
20 application of this Charter Amendment measure which can be given effect without the invalid
21 provision or application.
22 Section 4: CONFLICTING MEASURES
23 In the event this Charter Amendment measure and another measure or measures relating to the
24 matters described herein shall appear on the same general municipal election ballot, the other
25 measure or measure shall be deemed to be in conflict with this Charter Amendment measure. In
26 the event that this Charter Amendment measure receives a greater number of affirmative votes,
27 the provisions of this measure shall prevail in its entirety, and the provisions of the other measure
28 or measures shall be null and void. If this Charter Amendment measure is approved by the voters
I1
I but superseded in whole or in part by any other conflicting measure approved by the voters at the
2 same election, and such other conflicting measure is later found held invalid, this measure shall
3 be self-executing and given full force and effect.
4 Section 5: EFFECTIVE DATE
5 This Charter Amendment measure shall become effective in the manner allowed by law.
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