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HomeMy WebLinkAbout- - Authorizing Arguments and Analysis Att.4 - 7/31/2012ATTACHMENT 4 RESOLUTION NO. 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 6, 2012, at which there will be submitted to the voters the following Measure: Y E Shall the City of Costa Mesa adopt a Proposed Charter as S approved by the City Council? 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 the following members of its body, Arguments in Favor Arguments Against to file written argument(s) 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 The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. ATTACHMENT 4 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. 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 August 7, 2012, 5:00 p.m.. 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 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 impartial analysis shall be filed with the City Clerk by August 7, 2012, 5:00 p.m.. SECTION 4. 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 5. 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 ON July 31, 2012. Mayor of the City of Costa Mesa ATTEST: City Clerk of the City of Costa Mesa ATTACHMENT 4 APPROVED AS TO FORM City Attorney ATTACHMENT 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, Interim City Clerk of the City of Costa Mesa, 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: ►[Iilk us] l0Z601 ABSENT: COUNCIL MEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this day of July, 2012. BRENDA GREEN, INTERIM CITY CLERK (SEAL) ATTACHMENT 4 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 6, 2012, hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Sign Name Editor's Notes: Print Name Date 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