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HomeMy WebLinkAboutR-11146 setting priorities for filing written Arguments regarding a City Measure and directing the City Attorney to prepare an Impartial AnalysisR 11146 RESOLUTION NO. 11146 (2020 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of San Luis Obispo, California, on November 3, 2020, at which time there will be submitted to the voters the following measure: City of San Luis Obispo Community Services/Investment. Shall an ordinance to provide funding to protect City of San Luis Obispo’s financial stability; maintain fire/community safety, health emergency/disaster preparedness; protect creeks from pollution; address homelessness; keep public areas clean/safe; retain local businesses; maintain youth/senior services, streets, open space/natural areas, and other general services, by extending voter-approved funding at a 1.5¢ rate, providing approximately $21,600,000 annually until ended by voters; requiring audits/all funds used locally, be adopted? YES NO WHEREAS, Section 9282 of the Election Code of the State of California authorize the filing of arguments for and against the adoption of said measures and for the City Elections Official to enclose a printed copy of such arguments with the sample ballot provided to the electors of the City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: SECTION 1. That the City Council authorizes (i) all or any members of the City Council, (ii) a bona fide association of such citizens, (iii) any individual voter eligible to vote on the above measure or (iv) any combination thereof to file written arguments not exceeding 300 words regarding the City measure specified above, accompanied by the printed names and signatures of the authors submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the arguments 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. The arguments shall be accompanied by a "Form of Statement to be Filed by the Authors of the Argument." SECTION 2. All 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. An argument may not be signed by more than five authors. In case any argument is signed by more than five authors, the signatures of the first five shall be printed. Resolution No. 11146 (2020 Series) Page 2 R 11146 SECTION 3. Pursuant to Election Code 9287, in the event more than one argument for or more than one argument against the ballot measure is submitted to the City Clerk within the time prescribed, the City Clerk shall select one of the arguments in favor and one of the arguments against each measure for printing and distribution to the voters. In selecting the argument, the City Clerk shall give preference and priority, in the order named, to the arguments of the following: (a) The legislative body, or member or members of the legislative body authorized by that body; and (b) 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; and (c) Bona fide associations of citizens; and (d) Individual voters who are eligible to vote on the measure. SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney who 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. 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. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. Resolution No. 11146 (2020 Series) Page 3 R 11146 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. Upon motion of Council Member Pease, seconded by Council Member Stewart, and on the following roll call vote: AYES: Council Member Christianson, Pease, Stewart, Vice Mayor Gomez and Mayor Harmon NOES: None ABSENT: None The foregoing resolution was adopted this 21st day of July 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ____________________________________ Teresa Purrington, City Clerk