HomeMy WebLinkAboutRES 13-6868 (IMPARTIAL ANALYSIS)1
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RESOLUTION NO. 13-6868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HERMOSA BEACH, CALIFORNIA, SETTING PRIORITIES FOR
FILING WRITTEN ARGUMENTS REGARDING A MEASURE TO BE
SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD TUESDAY, NOVEMBER 5, 2013, 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 5, 2013, at which there will be submitted to the voters the
`following question:
Shall an ordinance be adopted as submitted by initiative petition to YES
incrementally over a five-year period reduce the post -midnight operating
hours of specified businesses in the downtown area of Hermosa Beach? 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 person(s) filing an initiative
petition 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 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:
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13-6868
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SECTION 1. That the Hermosa Beach City Council hereby authorizes Mayor pro ter
Michael DiVirgilio to prepare a written argument against the measure (submitted by petition
relating to the post -midnight operating hours of specified businesses in the City's downtown
area) and to file the argument on behalf of the entire City Council, which shall be named on the
argument as one of the (maximum) five authors permitted by State law.
SECTION 2. That arguments for the measure 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Arguments may be changed or withdrawn until and including the date fixed by the City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 6, 2013), after which no arguments for or against the City
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 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
who is the author of the argument. Arguments shall be accompanied by the Form of Statement
To Be Filed By Author(s) of Arguments.
SECTION 3. 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. 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. The
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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 6, 2013).
SECTION 4. 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 23rd day of July, 2013.
ATTEST:
L
City Clerk
the City'Counlil and MAYOR of the City of Hermosa Beach, California
f
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VED
City Attorney
FORM:
13-6868
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. 13-6868 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 July 23, 2013.
The vote was as follows:
AYES:
DiVirgilio, Duclos, Fishman, Tucker, Mayor Bobko
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dated: July 23, 2013
Maine lioernmg, uny uierx