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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. -I- ORIGINAIL -11�zd 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. MPM 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 -3-- JE EM. LEONCINI; City C erk