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HomeMy WebLinkAbout10-46 - City Attorney to Prepare Impartial Analysis for General Municipal Election to be Consolidated with Other Elections held on Nov. 2, 201011 RESOLUTION NO. 10-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURE AND DIRECTING CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR A GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION AND OTHER EL -ECT -IONS TO -BE -HELD-ON TUESDAY, NOVEMBER 2, 2010 WHEREAS, the City Council of the City of Costa Mesa called a General Municipal Election to be held on November 2, 2010 for the purpose of submitting to the voters a ballot measure relating to a Transient Occupancy Tax increase, as follows: MEASURE: I YES Shall the City increase the existing Transient Occupancy Tax from 6% NO to 8%, which tax is, and will continue to be, imposed only on transients occupying hotels and motels within the City, for the funding of general city services and programs? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS: Section 1. That the City Council authorizes any and all members of the City Council to file (a) written argument(s) in Favor or Against the City Measure. Arguments submitted in Favor or Against the City Measure shall be 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; or if submitted by any individual voter or any combination of voters who is/are eligible to vote on the Measure, the printed name and signature of each individual, in accordance with Division 9, Chapter 3, Article 4 of the Elections Code of the State of California. Section 2. That per the Elections Code of the State of California, no argument shall exceed 300 words in length and shall not have more than five signatures. Arguments may be changed or withdrawn by their proponents until and including the date fixed by the City Clerk after which no arguments for or against the City Measure may be submitted to the City Clerk. Section 3. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure showing the effect of the Measure on the existing law and the operation of the Measure. The impartial analysis shall not exceed 500 words in length, and shall be filed by the date set by the City Clerk after which no arguments for or against the City Measure may be submitted to the City Clerk. Section 4. That the City Clerk is directed to fix and determine a reasonable date prior to the election after which no arguments for or against the City Measure may be submitted for printing and distribution to the voters. 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; the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; a bona fide association of citizens; individual voters who are eligible to vote on the City Measure; any combination of voters and associations. Section 5. That 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. The City Clerk shall also 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 November 2, 2010. 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. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. 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, APPROVED and ADOPTED this 22nd f June 2010. Allan R. Mansoor, Mayor ATTEST: J ie Folcik, City Clerk APPROVED AS TO FORM: Y4"-� �, " imberly Hall Barlow, City Attorney 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. 10-46 and -was-duly -passed-and-adopted-by-the-City-C-ouncil-of-the-City-of-Costa-Mesa at a regular meeting held on the 22 d day of June, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: LEECE, BEVER, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: MANSOOR ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 25t" day of June, 2010. JUPIE FOLCIK, CITY CLERK (SEAL)