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Home My WebLink AboutRES 22-7330 (CANNABIS PETITION-ARGUEMENTS,REBUTTALS,IMPARTIAL ANALYSIS)Page 1 of 4 22- CITY OF HERMOSA BEACH RESOLUTION NO. 22-7330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT AND REBUTTAL ARGUMENT REGARDING THE CANNABIS INITIATIVE TO REPEAL THE CITY’S EXISTING BAN ON CANNABIS BUSINESSES AND ALLOWS BY CITY-APPROVED PERMIT UP TO TWO CANNABIS RETAIL STOREFRONT BUSINESSES INCLUDING HOME DELIVERY FROM THOSE STORES TO BE SUBMITTED TO VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022 AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election will be held in the City of Hermosa Beach, California, on Tuesday, November 8, 2022, at which there will be submitted to the voters the following question: Shall an ordinance proposed by initiative petition be adopted that repeals the City’s existing ban on cannabis businesses and allows by City-approved permit up to two cannabis retail storefront businesses, including home delivery from those stores? YES NO WHEREAS, the State of California Elections Code section 9282 contains the following priority provision for written arguments: (a) For measures placed on the ballot by petition, the persons filing an initiative petition pursuant to this article may file a written argument in favor of the ordinance, and the legislative body may submit an argument against the ordinance. WHEREAS, if more than one argument for or against any measure is submitted, the State of California Elections Code Section 9287 authorizes the elections official (City Clerk) to select the argument for printing and distributing to the voters, giving preference and priority as specified by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 2 of 4 22- SECTION 1. Argument Writer(s). That the Hermosa Beach City Council hereby authorizes Mayor Detoy and Mayor Pro Tem Jackson to prepare and file a written argument against the measure placed by petition to repeal the City’s existing ban on cannabis businesses and allows up to two cannabis retail storefront businesses including home delivery from those stores. SECTION 2. Arguments. That arguments for the measures specified above shall not exceed 300 words and must be accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, and Division 9 of the Elections Code of the State of California. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk (6:00 p.m., Tuesday, August 9, 2022), after which no arguments for or against the measures may be submitted to the City Clerk. Arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting them 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. Arguments shall be accompanied by a “Form of Statement To Be Filed By Author(s) of Arguments.” SECTION 3. Impartial Analysis. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure. 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 City Council. The full text of the Measure shall not be printed in the Sample Ballot Booklet. Printed immediately below the impartial analysis, in no less than 10-font bold type, will be: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please contact the Office of the City Clerk at (310) 318-0204 or at cityclerk@hermosabeach.gov and a copy will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments (6:00 p.m., Tuesday, August 9, 2022). DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 3 of 4 22- SECTION 4. Rebuttal Arguments. That pursuant to Sections 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall immediately send a copy of the argument in favor of the measure to the author(s) of the argument against the measure, and a copy of the argument against the measure to the author(s) of the argument in favor of the measure. The author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words, or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors. Each rebuttal argument shall be accompanied by a “Form of Statement To Be Filed By Author(s) of Argument.” The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting them 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. The deadline for filing rebuttal arguments will be 6:00 p.m., Tuesday, August 23, 2022, in order to meet the deadline of August 29, 2022 set forth by the County of Los Angeles for inclusion in the Official Sample Ballot. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. SECTION 5. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed. SECTION 6. That the provisions of Section 1 shall apply only to the election to be held on November 8, 2022, and shall then be repealed. DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 4 of 4 22- SECTION 7. 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 ADOPTED on this 26th day of July, 2022. __________________________________________________________________________ Mayor Michael Detoy PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: ____________________________________ ___________________________________ Myra Maravilla Michael Jenkins City Clerk City Attorney DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) July 26, 2022 Certification of Council Action RESOLUTION NO. 22-7330 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT AND REBUTTAL ARGUMENT REGARDING THE CANNABIS INITIATIVE TO REPEAL THE CITY’S EXISTING BAN ON CANNABIS BUSINESSES AND ALLOWS BY CITY-APPROVED PERMIT UP TO TWO CANNABIS RETAIL STOREFRONT BUSINESSES INCLUDING HOME DELIVERY FROM THOSE STORES TO BE SUBMITTED TO VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022 AND DIRECTING THE CITY ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution 22-7330 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 26th day of July, 2022 and passed by the following vote: AYES: MAYOR DETOY, MAYOR PRO TEMPORE JACKSON, COUNCILMEMBERS ARMATO, CAMPBELL, MASSEY NOES: NONE ABSTAIN: NONE ABSENT: NONE ________________________________ Myra Maravilla City Clerk DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377