Loading...
HomeMy WebLinkAboutRES 14-6928 (IMPARTIAL ANALYSIS SPECIAL ELECTION)1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 14-6928 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF A MEASURE TO BE SUBMITTED AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, MARCH 3, 2015 WHEREAS, a Special Municipal Election will be held in the City of Hermosa Beach, California, on Tuesday, March 3, 2015, at which there will be submitted to the voters the following measure: Shall E&B Corporation's 34-well oil and gas drilling/production project at the City's 555 Sixth Street YU maintenance yard be approved by 1) amending the General Plan and Municipal Code to exempt the project from the City's oil drilling ban and repeal the restriction on City's use of project royalties, 2) awarding a pipeline franchise to transport oil/gas underground 3 approving a 34-year development agreement, and 4� NO determinin that project financial benefits outweigh its unavoidable environmental impacts? WHEREAS, the City Council did not authorize itself as a whole or any of its member to file a written argument for or against the proposed measure, as permitted by California Elections Code Section 9282; WHEREAS, if more than one argument for or against the measure is submitted, the City Clerk is authorized by Elections Code Section 9287 to select the argument to print/distribute to the voters, giving preference and priority, in the order named, to the arguments of the following: (a) the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (b) a bona fide associations of citizens; (c) individual voters who are eligible to vote on the measure. Pagel of 3 14-6928 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, pursuant to State law, arguments (1) shall not exceed 300 words; (2) may be changed or withdrawn until and including the date fixed by the City Clerk (5:00 p.m. Monday, December 1, 2014), after which no arguments for or against the City measures may be submitted to the City Clerk; (3) must be accompanied by the printed name(s) and signature(s) of the [no more than five] author(s) submitting it (in accordance with Article 4, Chapter 3, Division 9 of the California Elections Code) 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, accompanied by the "Form of Statement To Be Filed By Author(s) of Arguments." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Clerk is directed to transmit a copy of the measure to the City Attorney, pursuant to California Elections Code Section 9280, unless the organization or salaries of the office of the City Attorney are affected. a. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 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 Clerk shall prepare the impartial analysis. b. The impartial 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. Page 2 of 3 14-6928 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 �I 21 22 23 24 25 26 27 28 c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, 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 Measure (insert measure letter). If you desire a copy of the ordinance or measure, please call the election official's office at (insert phone number) and a copy will be mailed 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 (5:00 p.m. Monday, December 1, 2014). SECTION 2. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter it into the book of original Resolutions, and shall make a minute of the passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted. PASSED, APPROVED and 1)OPTED on this 13th day of November, 2014. PRESIDENT of the City Council and MAYOR a, the City of Hermosa Beach, California ATTEST: City Clerk Page 3 of 3 APPROVED ATO [ORM: Attorney 14-6928 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF HERMOSA BEACH ) I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Resolution No. 14-6928 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a Regular Meeting of said Council at the regular place thereof on November 13, 2014. The vote was as follows: AYES: DiVirgilio, Petty, Mayor Tucker NOES: Barragan, Fangary ABSENT: None ABSTAIN: None Dated: November 14, 2014