HomeMy WebLinkAbout10-47 - Filing of Rebuttal Arguments Regarding City Measure for General Municipal Election to be held with Other Elections on Nov. 2, 2010RESOLUTION NO. 10-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS REGARDING A CITY
MEASURE FOR A GENERAL MUNICIPAL ELECTION TO
BE CONSOLIDATED WITH THE GENERAL MUNICIPAL
ELECTION AND OTHER ELECTIONS 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?
WHEREAS, Section 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 DOES
HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS:
Section 1. That pursuant to Section 9285 of the Elections Code of the State of
California, when the City Clerk has selected the arguments for and against the Measure which
shall be printed and distributed to the voters, the City Clerk shall send copies of the argument
in favor of the Measure to the authors of the argument against, and copies of the argument
against to the authors of the argument in favor, immediately upon receiving the arguments.
The author or a majority of the authors of an argument may prepare and submit rebuttal
arguments not exceeding 250 words or may authorize in writing any other person or persons to
prepare, submit or sign the rebuttal argument. The rebuttal arguments shall be filed with the
City Clerk, 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, not more than ten (10) days after
the final date set for filing primary arguments for or against the Measure. Rebuttal arguments
shall be printed in the same manner as the primary arguments. Each rebuttal argument shall
immediately follow the primary argument which 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 on to the General Municipal
Election to be held on November 2, 2010, and shall then be repealed.
Section 4. That the City Clerk shall make the rebuttal arguments available for public
examination in accordance with the provisions of California Elections Code Section 9295. The
City Clerk shall also transmit the rebuttal 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.
Section 5. 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 6. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
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Allan R. Mansoor, Mayor
ATTEST:
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Julig Folcik, City Clerk
APPROVED AS TO FORM:
Kimberly 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. 10-47
and was duly passed and adopted by the City Council of the City of Costa Mesa
at a regular meeting held on the 22nd 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 25th day of June, 2010.
JU E FOLCIK, OITY CLERK
(SEAL)