HomeMy WebLinkAboutCC Resolution 7140 (Charter Amendment)RESOLUTION NO. 7140
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL PROPOSING AMENDMENT TO THE CHARTER
OF THE CITY OF SAN RAFAEL, AND SUBMITTING THE
SAME TO THE ELECTORS OF SAID CITY AND ORDERING
THE PUBLICATION THEREOF, AND REQUESTING CONSOLIDATION
WHEREAS, the Council of the City of San Rafael, California, on
its own motion on July 1, 1985, adopted Resolution No. 7132 including
Exhibit "A", which authorized submission of a proposed ordinance
relating to establishing the appropriations limit for fiscal years
1985/1986 through 1988/1989, for approval of the qualified electors of
the City of San Rafael, including approval of proposed ballot wording
for said measure; and
WHEREAS, the Council of the City of San Rafael, California, on
its own motion of July 1, 1985, approved proposed ballot wording for a
proposed Intiative Measure requesting amendment to the San Rafael
Charter to provide for a Procedure for Closure of Secondary School in
the San Rafael School District, "SUBJECT TO VERIFICATION OF SIGNATURES
ON INITIATIVE PETITIONS BY COUNTY ELECTIONS DEPARTMENT NO LATER THAN
MONDAY, JULY 15, 1985"; and
WHEREAS, County Elections Department on July 8, 1985, submitted
written verification to City Clerk that 15 percent of the registered
voters in the City of San Rafael (defined as all territory within the
San Rafael School District) have signed said initiative petitions:
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY
OF SAN RAFAEL, CALIFORNIA, AS FOLLOWS:
SECTION A. Pursuant to the requirements of the laws of the State of
California there is called and ordered held in the City of San Rafael,
County of Marin, State of California, on Tuesday, November 5, 1985, a
General Municipal Election of the qualified electors of San Rafael to
include a proposed charter amendment to Chapter XI of the San Rafael
Charter, to add Section 7. Procedure for Closure of Secondary School.
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SECTION B. Upon petition signed by 15 percent of the registered voters
of the City of San Rafael (defined as all territory within the San
Rafael School District), it is hereby proposed that the Charter of the
City of San Rafael, California, be amended by adding a new section,
Section 7., to Article XI, as follows:
Section 7. PROCEDURE FOR CLOSURE OF SECONDARY SCHOOL.
(a) A secondary school within the San Rafael School District
may be closed only after the Board of Education holds an advisory
election for the purpose of allowing voters to voice their
opinion on the issue of the closure of the school. The Board of
Education must hold such an advisory election in consolidation
with a regular election or special election, or in a special
election the Board may choose to call for this purpose, no less
than 180 days prior to the date a secondary school is to be
closed. For purposes of this section, a school is deemed
"closed" on the first day, exclusive of normal weekends, holidays
and vacation periods, that the school is not attended by its
normally assigned students.
(b) Ballots used in the advisory vote shall contain the
words "Shall (Name of School) be closed effective (Date
designated for closure)?" and the words YES or NO placed so that
the voters may indicate their choice. The heading above the
ballot question shall contain the words "Advisory Vote Only".
(c) As used in this section, "advisory vote" means an
indication of general voter opinion regarding the closure of a
secondary school. The results of the advisory vote will in no
manner be controlling on the Board of Education.
(d) This procedure shall not apply to the temporary closure
of a secondary school in the event of loss or destruction of
necessary school facilities or during an emergency which threatens
health or safety.
SECTION C. The City Council of the City of San Rafael submits to the
qualified electors of the City of San Rafael, California, at the
General Municipal Election to be held on the 5th day of November, 1985,
a proposal to amend the Charter of the City of San Rafael, California,
as set forth in Section B. above.
SECTION D. The City Clerk of the City of San Rafael is hereby ordered
and directed to cause said amendment to be published once, not less
than 40 and not more than 60 days prior to the date of the General
Municipal Election to be held on the 5th day of November, 1985, in the
Marin Independent Journal, the official newspaper of said City, in each
edition thereof during the day of publication, said newspaper being a
newspaper of general circulation published at least six days a week in
said City of San Rafael, California.
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SECTION E. The City Council of the City of San Rafael, submits to the
qualified electors of the City of San Rafael the following ballot
wording for said initiative measure:
"CITY OF SAN RAFAEL
PROCEDURE TO CLOSE SECONDARY SCHOOL INITIATIVE
MEASURE "Ell
Shall an amendment to the San Rafael City Charter,
requiring a non-binding advisory election be held
prior to permanent closure of a secondary school YES
(high school) within the San Rafael School District,
be adopted? The text of said amendment, which would
comprise Section 7., of Article XI of the San Rafael NO
Charter, is set forth in Section B of
Resolution No. 7140 passed by the City Council of
San Rafael on Jul_v 15. 1985 and is now on file in
the office of the City Clerk."
SECTION F. The City Council of the City of San Rafael has determined
that rebuttals to ballot arguments shall not be received.
SECTION G. City Clerk is directed to submit a certified copy of this
Resolution to the Board of Supervisors of the County of Marin, requesting
consolidation.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing Resolution was duly and regularly adopted at
a regular meeting of the Council of the City of San Rafael, held on
Monday, the 15th of July, 1985, by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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JE EM. LEONCINI; City C erk