HomeMy WebLinkAbout12-19 - Filing Written Arguments Regarding a City MeasureRESOLUTION NO. 12-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, SETTING PRIORITIES
FOR FILING WRITTEN ARGUMENT(S) REGARDING A
CITY MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
WHEREAS, a Special Municipal Election is to be held in the City of Costa Mesa,
California, on June 5, 2012, at which there will be submitted to the voters the following
measure:
Y
E
Shall the City of Costa Mesa adopt the Proposed Charter? S
Al
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the City Council authorizes any and all members of the City
Council to file written arguments In Favor or Against City measure, which shall not
exceed 300 words in length, accompanied by the printed name(s) and signature(s) of
the person(s) submitting it, or if submitted on behalf of an organization, the name of the
organization, and the printed name and signature of at least one of its principal officers,
in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of
California and to change the argument until and including March 9, 2012.
The arguments shall be filed with the City Clerk, signed, with the printed name(s)
and signature(s) of the author(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at
least one of its principal officers who is the author of the argument. The arguments shall
be accompanied by the Form of Statement To Be Filed By Author(s) of Argument, and
Authorization For Signer, if applicable (Attachment 1). The arguments shall be filed, as
stated above by March 9, 2012.
SECTION 2. If more than one argument for or against the City measure is
submitted to the City Clerk, the City Clerk shall select one of the arguments for printing
and distribution to the voters, according to the following preference and priority, in the
order named: the City Council, or member or members of the City Council; a bona fide
association of citizens; individual voters who are eligible to vote on the City measure;
any combination of voters and associations. The City Clerk shall refer to the "Handbook
for Submitting Ballot Arguments and Rebuttal Arguments for Countywide Measures"
(Orange County Registrar of Voters 2008) as a guide where applicable and where not
in conflict with the California Elections Code in disposing of her duties relating to the
filing of written arguments.
SECTION 3. No City funds or resources shall be spent in connection with any
councilmember's writing of ballot arguments as described herein.
SECTION 4. The City Clerk shall make the selected arguments for and against
the City Measure available for public examination in accordance with the provisions of
California Elections Code Section 9295.
SECTION 5. The City Clerk shall transmit the selected arguments for or against
to the Elections Official for the County of Orange on the date required by that official, for
inclusion in the official election pamphlet for the election on June 5, 2012. The following
shall be printed on the front cover or on the heading of the first page of the pamphlet
relating to the arguments: Arguments in support or opposition of the proposed laws are
the opinions of the authors."
SECTION 6. The City Council directs the City Clerk to also transmit a copy of the
measure to the City Attorney, unless the organization or salaries of the office of the City
Attorney are affected. The City Attorney shall prepare an impartial analysis of the
measure not exceeding 500 words showing the effect of the measure on the existing
law and the operation of the measure. The impartial analysis shall be filed by March 9,
2012.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this 6th day of March, 2012.
)ismL-7)-
Gary
Monahan, Mayor
ATTEST: APPROVED AS TO FORM:
Julie olcik, City Clerk Thomas Duart��ity Attorney
Attachment 1
FORM OF STATEMENT TO BE FILED BY
AUTHORS OF ARGUMENTS
All arguments concerning measures filed pursuant to Division 9, Chapter 3
(beginning with §9200) of the Elections Code shall be accompanied by the
following form statement to be signed by each proponent, and by each author, if
different, of the argument:
The undersigned proponent (s) or author(s) of the (primary/rebuttal) argument (in favor
of/against) ballot proposition (name or number) at the Special Municipal election for the City of Costa
Mesa be held on June 5, 2012, hereby state that the argument is true and correct to the best of
(his/her/their) knowledge and belief.
Sign Name
Editor's Notes:
Print Name
Date
All Authors must print his/her name and sign this form (EC 9600)
AND
Print his/her name and sign the Argument itself (EC 9283)
AND
Print his/her name and sign the Rebuttal Argument itself (EC 9285)
Further, pursuant to Election Code § 9282, printed arguments submitted to the voters shall be titled either
".Argument In Favor Of Measure _" or "Argument Against Measure _"
Likewise, printed rebuttal arguments submitted pursuant to Election Code § 9285 shall be titled either
"Rebuttal To Argument In Favor Of Measure _" or "Rebuttal to Argument Against Measure _"
Attachment 1
Authorization for Signers of Direct Arguments
The undersigned author(s) of the argument _ In Favor of / or Against Measure at
the Special Municipal Election to be held on June 5, 2012 authorize (s) the following individual(s)
to sign the Direct Argument in the following manner:
1. to sign in addition to
print name of Direct Argument Signor
print name of Direct Argument author Date
2. to sign in addition to
print name of Direct Argument Signor
print name of Direct Argument author Date
3. to sign in addition to
print name of Direct Argument Signor
print name of Direct Argument author Date
4. to sign in addition to
print name of Direct Argument Signor
print name of Direct Argument author Date
5. to sign in addition to
print name of Direct Argument Signor
print name of Direct Argument author Date
Signature of Direct Argument Author (s) Date
Signature of Direct Argument Author (s) Date
Signature of Direct Argument Author (s) Date
Signature of Direct Argument Author (s) Date
Signature of Direct Argument Author (s) Date
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the
above and foregoing is the original of Resolution No. 12-19 and was duly passed and
adopted by the City Council of the City of Costa Mesa at a regular meeting held on the
6th day of March, 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, BEVER, MENSINGER
NOES: COUNCIL MEMBERS: LEECE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7th day of March, 2012.
JULFFOLCIK, CITY CLERK
(SEAL)