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HomeMy WebLinkAbout12-16 - Proposing a Measure for Submission to Voters (Whether City Shall Adopt the Proposed Charter)RESOLUTION NO. 12-16 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. WHEREAS, the City Council of the City of Costa Mesa, California, desires to submit to the voters of the City at a Special Municipal Election a proposed measure relating to the question whether the City of Costa Mesa shall adopt the proposed charter; WHEREAS, pursuant to authority provided by Article XI of the Constitution; Title 4, Division 2, Chapter 2 of the Government Code (commencing at §34450); and Division 9, Chapter 3, Article 3 (commencing at § 9255) of the Elections Code of the State of California, the City Council of the City of Costa Mesa desires to submit to the voters a proposed charter; and WHEREAS, California Government Code § 34458(a) provides an alternative procedure in which City Council may submit the proposed charter to the qualified electors of the City; WHERAS, California Government Code Section 34458(b) requires that two public hearings be held upon the matter of the proposal of a charter and the content of the proposed charter prior to its submission to the qualified electors of the City; WHEREAS, California Government Code Section 34458(b) requires that the City Council may vote upon the question of whether to approve the submission of the proposed charter to the qualified electors of the City only after 21 days have elapsed since the second public hearing as described above; WHEREAS, the City Council held public hearings on the questions of the substance of the proposed charter and the submission of the proposed charter to a the qualified voters of the City on January 10, 2012 and February 13, 2012; 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 a residents with the ultimate say in all municipal affairs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE, DECLARE AND ORDER AS FOLLOWS: SECTION 1. That a Measure be proposed to the voters of Costa Mesa on the following question: Shall the City of Costa Mesa adopt the Proposed Charter? y E S R SECTION 2. This resolution and the proposed charter, including the full text of the proposed charter, attached as Exhibit 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 3. 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, June 5, 2012, pursuant to a separate resolution of the City Council calling a Special Municipal Election for that purpose. SECTION 4. 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 5. 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 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED AND ADOPTED this Gtr' day of March, 2012. Gary Monahan Mayor ATTEST: APPROVED AS TO FORM: r Julie olcik, City Clerk Thomas Duart , 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. 12-16 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 6th day of March, 2012, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, BEVER, MENSINGER 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 7th day of March, 2012. J E FOLCI , CITY CLERK (SEAL)