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R-9826 F :\atty\mu n i\laws\mjm\specialelection2003-1 rev. wpd City Council Meeting 12-17-02 Santa Monica, California RESOLUTION NUMBER ~ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A BALLOT MEASURE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 21, 2003, AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, on December 10, 2002, the City Council adopted a Resolution calling for and giving notice of a Special Municipal Election on March 21, 2003; and WHEREAS, an initiative to amend the Municipal Code has qualified for the ballot pursuant to Elections Code Sections 9200 et sea. and Government Code Sections 34450 et sea.; and WHEREAS, the City Council of the City of Santa Monica wishes to place this measure on the ballot at the Special Municipal Election to be held on March 21,2003; and WHEREAS, the City Council of the City of Santa Monica wishes to conduct the election utilizing the all-mail ballot procedure established by Ordinance Number 2063 (CCS), NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS: SECTION 1. A Special Municipal Election utilizing all-mail ballot procedures specified in Ordinance Number 2063 (CCS) shall be called for March 21, 2003, for the purpose of submitting an initiative measure to the voters. SECTION 2. The City Clerk shall establish an official ballot drop-off center at her office in City Hall and that drop-off center shall be open 29 days before election day on weekdays, excluding holidays and closed Fridays, from 8:00 a.m. to 5:00 p.m. beginning February 20,2003, and on election day from 7:00 a.m. to 9:00 p.m., after which it shall be closed. SECTION 3. At the Special Municipal Election called for March 21, 2003, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: ~0R08tl10N. ,- -~to.... :_ ~~' :......'.'..'1.,'..",.'.',.'..........'..:.....,...1...,.....,...COO1d,.."..>,....".".. ... or ' . ,. . ,<" · GOuld be it'icIucIIct in 'histOftc SECTION 4. The City Clerk shall transmit to the City Attorney, in accordance with Elections Code Section 9280, a copy of the foregoing measure. The City Attorney shall 2 prepare an impartial analysis, which analysis shall not exceed 500 words in length The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. In accordance with Santa Monica Municipal Code Section 11.04.190, the City Clerk shall make a copy of all applicable elections materials available for public examination in the City Clerk's office for a period of ten days immediately following the filing the deadline for such materials. SECTION 5. The City Council authorizes its members, as follows, to file written arguments for or against the measure described above and which is contained in Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein: AGAINST: Bloom, Genser, Feinstein, McKeown and O'Connor. All written arguments filed by any person in favor of or against the measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the argument as required by applicable law, and any names, signatures and arguments may be filed until December 31,2002, at 12:00 noon, the time and date fixed by the City Clerk, after which no change may be submitted to the City Clerk unless permitted by law. SECTION 6. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney impartial analysis, and any arguments for or against the measure, as well as any rebuttal, to be mailed to all qualified voters with the 3 ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not more than sixty (60) days before the Special Municipal Election, shall cause the text of the measure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election. SECTION 7. The provisions of Resolution Number 9823 (CCS) are referred to for more particulars concerning the Special Municipal Election to be held on March 21,2003, and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election. SECTION 8, The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: 4 Adopted and approved this 1-'" day December, 2002. ~~ I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 9826 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 17th of December, 2002, by the following vote: Council members: Feinstein, Genser, O'Connor, Mayor Pro T em McKeown, Mayor Bloom Council mE!mbers: Holbrook Abstain: Council members: None Absent: Council members: Katz ATTEST: '-- \~~~ ~. Maria M. Stewart, Ci o.J-