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HomeMy WebLinkAbout14-41 - Filing Written Arguments Regarding a City Measure for a Proposed City Charter1 1 1 RESOLUTION NO. 14 - 41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE CONCERNING THE ADOPTION OF A PROPOSED CITY CHARTER AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Costa Mesa, California, on November 4, 2014, at which there will be submitted to the voters the following Measure: Y E Shall the City of Costa Mesa establish home rule by adopting the proposed charter as approved by the City Council? S N O NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council authorizes any and all members of the City Council to file written arguments(s) In Favor or Against, not exceeding 300 words, regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until 5:00 p.m. on July 11, 2014 after which no arguments for or against the City measure may be submitted to the City Clerk. 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. An argument may not be signed by more than five authors. If more than five authors provide a signature to the rebuttal, then only the signatures of the first five authors shall be printed to the exclusion of the excess signatures. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument (Attachment 1). The arguments shall be filed, as stated above, by July 11, 2014, 5:00 p.m. Resolution No. 14-41 Page 1 of 3 If more than one argument for or against the 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: (a) The City Council, or member or members of the City Council. (b) The individual voter, or bona fide associations of citizens, or combination of voters and associations, who are the bona fide sponsors, proponents, or opponents of the measure. (c) Bona fide associations of citizens. (d) Individual voters who are eligible to vote on the measure. SECTION 2. No City funds or resources shall be spent in connection with any councilmember's writing of ballot arguments as described herein. SECTION 3. 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 4. The City Council directs the City Clerk to 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 analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10 -point type, the following: "The above statement is an impartial analysis of Measure If you desire a copy of the measure, please call the City Clerk's office at 714-754- 5225 and a copy will be mailed at no cost to you." The impartial analysis shall be filed with the City Clerk by July 11, 2014, 5:00 p.m. SECTION 5. That the City Clerk is hereby directed to submit to the elections official of the County of Orange, as part of the final charter proposal package, the direct arguments and impartial analysis, as described herein, by the deadlines set forth by such elections official. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Resolution No. 14-41 Page 2 of 3 1 PASSED, APPRO A r DOPTED ON July 1, 2014. imer, Mayor ATTEST: "J�Xlh-da_ are_,� Brenda Green, C y Clerk STATE -OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVE TO FORM: Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14-41 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1St day of July, 2014, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Genis, Monahan, Mensinger, Righeimer 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 2nd day of July, 2014. BRENDA GREE4, CITY CLERK Resolution No. 14-41 Page 3 of 3 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 General Municipal election for the City of Costa Mesa to be held on November 4, 2014, hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Title Print Name Signature Signature. Title Date Print Name Signature Title Date Print Name Signature Title Date Print Name Signature Title Date Editor's Notes: 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 _"