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HomeMy WebLinkAbout14-42 - Filing of Rebuttal Arguments Concerning Proposed City CharterRESOLUTION NO. 14 - 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURE CONCERNING THE ADOPTION OF A PROPOSED CITY CHARTER SUBMITTED AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 4, 2014 WHEREAS, the City Council of the City of Costa Mesa called a General Municipal Election to be held on November 4, 2014 for the purpose of submitting to the voters a ballot measure relating to the Proposed Charter, as follows: 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 WHEREAS, §9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal 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. Resolution No. 14-42 Page 1 of 3 1 The rebuttal 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, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument (Attachment 1). The rebuttal arguments shall be filed by July 21, 2014, 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 4, 2014, and shall then be repealed. SECTION 4. That the City Clerk is hereby directed to submit the rebuttal arguments, as described herein, in compliance with State law and to perform all duties required of the elections official for the City of Costa Mesa. SECTION 5. 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. 14-42 Page 2 of 3 1 u PASSED, APPROV AND AD TED ON July 1, 2014. JaUOMI �Keimer, Mayor ATTEST: &J'*1 oto-, aat/V Brenda Green, _Cif y Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROV 4CityAftorney FORM: Thom s Dua I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 14-42 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. 6(0-d& Q-a� BRENDA G REEIV, CITY CLERK Resolution No. 14-42 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 Title Print Name Signature, Date Signature, Date 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 11or "Rebuttal to Argument Against Measure _"