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HomeMy WebLinkAboutRebuttal Arguments for City Measures - Special Elections - RL.ITY OF HUNTINGTON BEACr, MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: Ck2001-05 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied +A W y Cler ' Signature Council Meeting Date: October 15, 2001 Department ID Number: Ck2001-05 T CITY OF HUNTINGTON BEACH --- REQUEST FOR ACTION _CD-� SUBMITTED TO: _ HONORABLE MAYOR AND CITY COUNCILMEMBER_S : D >oj"_ SUBMITTED BY: CONNIE BROCKWAY, CITY CLERK C Cn C-, PREPARED BY: CONNIE BROCKWAY, CITY CLERK C _J D SUBJECT: ADOPT RESOLUTION NO. 8,' - PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS - MUNICIPAL ELECTIONS. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: A revision was made to the 2001 State of California Elections Code pertaining to the filing of Arguments for city measures at Municipal Elections. The revision relates to S. 9283. Argument not accepted without names. Funding Source: Not Applicable Recommended Action: Adopt Resolution No. D0/ - "A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections._" Alternative Action(s): Allowing the filing rebuttal arguments is optional. The Council may choose to repeal the existing resolution which authorizes rebuttal arguments and not adopt this resolution. However traditionally the City of Huntington Beach has, allowed rebuttal arguments. Analysis: S. 9283 of the State Elections Code in 2001 was amended as follows: 9283. Argument not accepted without names. A ballot argument shall not be. accepted under this article unless accompanied by the printed name and signature or printed names and signatures of the person or persons 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. gG:\RCA'S\2001rca\ck2001-05.dot 09/28/01 2:35 PM �/ REQUEST FOR ACTION MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: Ck2001-05 No more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five persons, the signatures of the first shall be printed. (Amended by Stats. 2000,c. 1081, §11.) Adoption of Resolution No. O©/--S-5 will ensure that the City of Huntington Beach resolution providing for rebuttal arguments is in conformance with the State Elections Code for this ensuing special municipal election and at each municipal election after this election. Environmental Status: Not Applicable Attachment(s►: RCA Author: C. Brockway x5227 G:\RCA'S\2001rca\ck2001-05.dot -$- 09/28/01 2:35 PM ATTACHMENT #1 RESOLUTION NO. 2001-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, Sections 9220 and 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 Huntington Beach does resolve, declare, determine and order as follows: SECTION 1. That pursuant to Sections 9220 and 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the 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. The authors may prepare and submit rebuttal arguments not exceeding 250 words. 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 10 days after the final date for filing direct arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That Resolution No. 4604 providing for the filing of rebuttal arguments for city measures is rescinded. SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 4. 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 by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 15th day of October , 2001. ATTEST: City Clerk Id - I8 -01 REVIEWED AND APPROVED: City Ad nistrator Mayor APPROVED AS TO FORM: tee City Attorney INITIATED AND APPROVED: City Clerk g1clection/2002/marchhebuttal resolution - 2001.doc Res. No. 2001-85 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of. Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby.certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 15th day of October, 2001 by the following vote: AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer NOES: None ABSENT: None ABSTAIN: None dM4G� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Office of the City Clerk SUBJECT: Adopt Resolution No. - Providing for the Filing of Rebuttal Arguments COUNCIL MEETING DATE: October 15, 2001 Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft -if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits.if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLA 'NATION FOR MISSING ATTACHMENTS. EXP ANATI ON FOR RETURN'TOF ITEM:° �� �., RCA Author: C. Brockway x5227