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HomeMy WebLinkAboutCity Council - 2022-41 RESOLUTION NO. 2022-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND IMPARTIAL ANALYSES. WHEREAS, a General Municipal Election is to be held in the City of Huntington Beach, California, on November 8, 2022, at which there will be submitted to the voters three ballot measures related to amendments to the City Charter; and The City Council wishes to authorize arguments in favor of and in opposition to these measures and authorize the preparation of impartial analyses of these measures, NOW, THEREFORE, the City Council of the City of Huntington Beach, California, does hereby resolve, declare, determine and order as follows: SECTION 1. That with respect to the measure entitled: "Shall proposed Charter Amendment Measure 1 to: amend outdated phrases, syntax, dates, pronouns, titles, and Yes procedures to clarify City processes;exempt from Section 612 replacement of existing equipment and infrastructure if it maintains its current use and does not exceed its footprint or height by more than 10% and construction of restrooms, in parks and beaches; and require the City to consider Charter reviews at least once every decade following the last review, NO be approved?" a. That the City Council authorizes the following member(s) of its body: Dan Kalmick (Councilmember In Favor/Again4) Michael Posey (Councilmember In Favor/Ag n—A) Erik Peterson (Councilmember T /Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) RESOLUTION NO. 2022-41 to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(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. b. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney to 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 by the date set by the City Clerk for the filing of primary arguments. C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide,there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 1. If you desire a copy of the ordinance or measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 2 22-10875/287421 RESOLUTION NO. 2022-41 SECTION 2. That with respect to the measure entitled: "Shall proposed Charter Amendment Measure 2 to: require City Clerks and City Treasurers to meet minimum qualifications at YES the time of filing candidacy; require at least four votes to fill Council vacancies and limit appointees to serve only until the next municipal election; no longer require City Attorneys to be graduates from law schools only accredited by the American Bar Association; and update City Treasurer responsibilities No accordingly, be approved?" a. That the City Council authorizes the following member(s) of its body: Dan Kalmick (Councilmember In Favor/Agai-nst) Michael Posey (Councilmember In Favor/Again-A) Erik Peterson (Councilmember fiver/Against) (Councilmember In Favor/Against) (Councilmember In Favor/Against) to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(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. b. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney to 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 by the date set by the City Clerk for the filing of primary arguments. 3 22-10875/287421 RESOLUTION NO. 2022-41 C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 2. If you desire a copy of the ordinance or measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That with respect to the measure entitled: "Shall proposed Charter Amendment Measure 3 to Yes define the Attorney-Client relationship between City Attorney and City designating City Council as Client; determine all legal matters to be controlled by City Council and managed by City Attorney under City Council direction;permit City Council to contract with other attorneys if the City Attorney has a conflict of No interest;require City Attorney to keep all legal records and comply with requests for information, be approved?" a. That the City Council authorizes the following member(s) of its body: Dan Kalmick (Councilmember In Favor/Again-A) Rhonda Bolton (Councilmember In Favor/ 4) Erik Peterson (Councilmember in (Councilmember In Favor/Against) (Councilmember In Favor/Against) 4 22-10875/287421 RESOLUTION NO. 2022-41 to file a written argument regarding the Measure as specified above in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to be accompanied by the printed name(s) and signature(s) of the authors(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. b. That the City Council directs the City Clerk as the city elections official, to 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 by the date set by the City Clerk for the filing of primary arguments. C. The analysis shall include a statement indicating the measure was placed on the ballot by the governing body of the city. d. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Charter Amendment Measure 3. If you desire a copy of the ordinance or measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." e. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 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. 5 22-10875/287421 RESOLUTION NO. 2022-41 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 5'day of July, 2022. Mayor REVIEWED PPROVED: APPROVED AS TO FORM: City Ma r it Attorney ITIATED AND APPROVED: Assistant City Man ger 6 22-10875/287421 Res. No. 2022-41 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, 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 July 5, 2022 by the following vote: AYES: Peterson, Bolton, Posey, Delgleize, Carr, Moser, Kalmick NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California