HomeMy WebLinkAbout- - Submit Proposed Charter Attachment 3 - 7/31/2012ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA, CALIFORNIA PROPOSING A MEASURE FOR THE
SUBMISSION TO THE VOTERS OF A QUESTION WHETHER THE CITY
OF COSTA MESA SHALL ADOPT THE PROPOSED CHARTER, THE
ADDITION OF SUCH A MEASURE TO THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 6, 2012 AS CALLED BY
RESOLUTION NO. 12-37, AND THE REQUESTING OF THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6,
2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE.
WHEREAS, the City Council of the City of Costa Mesa, California, desires to
submit to the voters of the City at the General Municipal Election to be held with the
November 6, 2012 Statewide General Election a proposed measure relating to the
question whether the City of Costa Mesa shall adopt a proposed charter;
WHEREAS, California Government Code § 34458 provides an alternative
procedure to the process provided under the California Elections Code in which City
Council may submit the proposed charter to the qualified electors of the City;
WHEREAS, the City Council of the City of Costa Mesa desires to submit to the
voters a proposed charter;
WHEREAS, the City Council has determined that enactment of the proposed
charter would be beneficial for the City of Costa Mesa and its residents by providing
residents with the ultimate say in all municipal affairs;
WHEREAS, the City Council of the City of Costa Mesa called a General Municipal
Election to be held on November 6, 2012, as called by Resolution No. 12-37, adopted on
June 5, 2012, for the purpose of the election of council members, and now wishes to
submit to the voters at the same general election a question relating to the adoption of a
proposed charter by the City; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with
the Statewide General Election to be held on the same date and that within the city the
precincts, polling places and election officers of the two elections be the same, and that
the county election department of the County of Orange canvass the returns of the
General Municipal Election and that the election be held in all respects as if there were
only one election;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of § 10403 of the California
Elections Code, the Board of Supervisors of the County of Orange is hereby requested
to consent and agree to the consolidation of a General Municipal Election with the
Statewide General election on Tuesday, November 6, 2012, for the purpose of
submitting to the voters a question regarding whether the City shall adopt the proposed
charter;
SECTION 2. That a Measure on the following question be proposed to the voters
of Costa Mesa and added to the ballot for the General Municipal Election on November
6, 2012, as previously called by Resolution No. 12-37 on June 5, 2012:
Shall the City of Costa Mesa adopt a Proposed Charter as
approved by the City Council?
Y
E
S
N
O
SECTION 3. This resolution and the proposed charter, including the full text of
the proposed charter, the ballot description, ballot question, and ballot summary, all
attached as Exhibit A, shall be made available in print and for public examination by the
City Clerk, in accordance with California Elections Code Sections 9223 and 9295.
SECTION 4. The election upon which the voters are to vote on the Measure
proposing the question of whether the City of Costa Mesa shall adopt the proposed
charter is Tuesday, November 6, 2012, pursuant to a separate resolution of the City
Council calling a General Municipal Election adopted by the City Council on June 5,
2012.
SECTION 5. That the county elections department is authorized to canvass the
returns of the General Municipal Election. The election shall be held in all respects as if
there were only one election, and only one form of ballot shall be used.
SECTION 6. That the Board of Supervisors is requested to issue instructions to
the county elections department to take any and all steps necessary for the holding of
the consolidated election.
SECTION 7. That the City of Costa Mesa recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the
County for any such additional costs.
SECTION 8. Should any section, subsection, clause or provision of this
resolution for any reason be held to be invalid, then the remainder of the resolution shall
be deemed valid, it being hereby expressly declared that this resolution, and each and
every section, subsection, sentence, clause and phrase hereof would have been
prepared, proposed, approved, adopted and/or ratified even if any other section,
subsection, sentence, clause or phrase of this resolution were declared invalid.
SECTION 9. Any legal action to challenge, test, or otherwise determine the
validity of this resolution, or any portion thereof must be brought within sixty days of the
effective date of this resolution, in accordance with the provisions of California Code of
Civil Procedure Section 860 et seq., and Sections 860 and 863 in particular, or any
shorter period of time provided by applicable law.
SECTION 10. That the City Clerk is hereby directed to submit to the elections
official for the County of Orange, as part of the final charter proposal package, the
proposed charter, including the full text of the proposed charter, the ballot description
and ballot summary, the ballot question, all attached as Exhibit A, by the dates set forth
by such elections official.
SECTION 11. That the City Clerk is hereby directed to file a certified copy
of this resolution with the Board of Supervisors and the county election department of
the County of Orange.
SECTION 12. 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 31St day of July, 2012.
ATTEST:
ERIC R. BEVER
Mayor, City of Costa Mesa
APPROVED AS TO FORM:
CITY CLERK OF THE CITY ATTORNEY
CITY OF COSTA MESA
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, California DO
HEREBY CERTIFY that the above and foregoing is the original of Resolution No.
and was duly passed and adopted by the City Council of the City of Costa Mesa at a
special meeting held on the 31St of July, 2012, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
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IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this 31St day of July, 2012.
BRENDA GREEN, INTERIM CITY CLERK
(SEAL)