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HomeMy WebLinkAboutCity Council - 2023-44 RESOLUTION NO. 2023-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES WHEREAS, a Special Municipal Election is to be held in the City of Huntington Beach, California, on March 5, 2Q24, 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 No. 1, which provides that commencing in 2026, for all municipal elections,the City may: require Voter Identification for elections; provide YES more in-person voting locations; and monitor ballot drop- boxes, be approved?" NO a. That the City Council authorizes the following member(s) of its body: Tony Strickland (Councilmember In Favor/Against) Gracey Van Der Mark (Councilmember In Favor/Against) Dan Kalmick (Councilmember In Favor/Against) Natalie Moser (Councilmember In Favor/Against) Rhonda Bolton (Councilmember In Favor/Against) RESOLUTION NO. 2023-44 to file a written argument 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 The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. 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. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. 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. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. 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 Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing 2 23-13267/320954 RESOLUTION NO. 2023-44 of primary arguments. SECTION 3. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 2, which provides that the only flags to be displayed by the City on City property YES are the United States Flag,the State of California Flag, the County of Orange Flag,the City of Huntington Beach Flag, the POW-MIA Flag,the six Armed Forces Flags, the Olympic Flag during the Summer Olympic Games, and any other flag if authorized by a unanimous vote of the City Council, be NO approved?" a. That the City Council authorizes the following member(s) of its body: Pat Burns (Councilmember In Favor/Against) Dan Kalmick (Councilmember In- er/Against) Natalie Moser (Councilmember In Favor/Against) Rhonda Bolton (Councilmember In Favor/Against) to file a written argument 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. 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. SECTION 4. That the City Council dir..cts the City Clerk to transmit a copy of the Measure to the City Attorney. a. The City Attorney shall prepare an impartial analysis of the Measure not exceeding 3 23-13267/320954 RESOLUTION NO. 2023-44 500 words showing the effect of the Measure on the existing law and the operation of the Measure. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. 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 Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That with respect to the measure entitled: "Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two- YES year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved?" NO 4 23-13267/320954 RESOLUTION NO. 2023-44 a. That the City Council authorizes the following member(s) of its body: Tony Strickland (Councilmember In Favor/Against) Dan Kalmick (Councilmember In Favor/Against) Natalie Moser (Councilmember In Favor/Against) Rhonda Bolton (Councilmember In Favor/Against) to file a written argument 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. 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. SECTION 6. That the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. a. 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. If the measure affects the organization or salaries of the office of the City Attorney, the City Attorney shall have outside counsel prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. 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 5 23-13267/320954 RESOLUTION NO. 2023-44 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 Measure, please call the election official's office at 714-536-5405 and a copy will be emailed at no cost to you." d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 7. 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 17th day of 0ctobe;2023. I L'"? wg&t...3 Mayor REVIEWE) i ND APPROVED: APPROVED AS TO FORM: 1,1 i Fe..A-74 --,.. .._ City 'I age / A--City Attorney INITIATED AND ' ''PR• ED: \ City _er IV 6 23-13267/320954 ARGUMENTS FORM OF STATEMENT TO BE FILED BY AUTHORS OF ARGUMENTS All arguments concerning measures filed pursuant to Division 9, Chapter 3 (beginning with§ 92Q0)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 (title of election) election for the (jurisdiction) to be held on , 20 hereby state that the argument is true and correct to the best of (his/her/their) knowledge and belief. Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) Print Name Signature Title (If applicable):Submitted on behalf of: Date (name of organization) 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 § 9200, 9282, 9283, 9285, 9600 E.C. Statement of Authors of Arguments §9600,E.C.and(Steven Vargas v.Cheryl Balz and City of Brea; Revised 10/2009) F-A- 1 • Res. No. 2023-44 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 October 17, 2023 by the following vote: - AYES: Van Der Mark, Strickland, McKeon, Burns NOES: Kalmick, Moser, Bolton ABSENT: . None RECUSE: None 04.06 gdileiteli4j11,0 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California