Item Coversheet

Agenda Item No: 13.






AGENDA REPORT

DATE:

August 4, 2020 

TO:

Mayor and City Council

FROM:

Stefan T. Chatwin, City Manager


SUBJECT:Council Direction on Preparation of Measure C Ballot Argument

RECOMMENDED ACTION 
Provide direction on the manner in which the Council wants to prepare the ballot argument in favor of Measure C (Cannabis Business Tax).
STATEMENT OF ISSUE 
The City Council has submitted to the voters at the November 3, 2020, general municipal election an ordinance imposing a Cannabis Business Tax.  Elections Code Section 9282(b) provides that when the City Council places a measure on the ballot, the Council or authorized members of the Council may file a written argument  in favor of the measure.  Staff requests Council direction on how it wants the argument in favor of Measure C prepared.
DISCUSSION
Elections Code Section 9282(b) authorizes the Council to prepare an argument in favor of Measure C. If the Council desires to submit the argument in favor of Measure C to be placed in the ballot materials, it needs to decide at this meeting how it would like to prepare this argument.  The argument must be submitted to the County Registrar of Voters by no later than August 12, 2020.  The preparation of the ballot argument is subject to the Brown Act, which allows only two Councilmembers to work on the argument outside of a properly noticed public Council meeting. 

There are a couple of different options that have been used by the Council in the past to prepare the ballot argument.  The simplest approach is to authorize two Councilmembers to prepare the argument.  When it is completed, the argument would be distributed to the remainder of the Council for their signature.  Under this approach, Councilmembers cannot discuss among themselves changes to the argument.  In other words, the three Council members who did not prepare the argument can only sign the argument as drafted or not sign the argument. 

An alternative approach is for the Council to authorize two Councilmembers to prepare the argument.  Once completed, a special meeting would be scheduled to publicly discuss the argument, make any desired edits and approve the argument for signature by all five Councilmembers.  The special meeting would have to be held on August 11 or sooner.

FINANCIAL IMPACT
None
CITY COUNCIL WORKPLAN 
Community Safety
 Community Infrastructure Quality of Life
Financial and Operational Sustainability Economic Development Travis Air Force Base

City Council Goal this item supports: 
Not Applicable
 

Project:
Not Applicable
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 
None.
ALTERNATIVE ACTION 
The Council may decide not to prepare a ballot argument in favor of Measure C.  In this case, any ballot argument would need to be prepared by a Fairfield resident eligible to vote on the measure.
STAFF CONTACT 
Stefan T. Chatwin, City Manager
(707) 428-7401
schatwin@fairfield.ca.gov

COORDINATED WITH 
City Attorney's Office
REVIEWERS:
ReviewerActionDate
Alexander, AmberApproved7/22/2020 - 10:38 AM