R-9294
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CA:f:atty\muni\laws\elect98.6C2
city council Meeting 7-21-98
REVISED
Santa Monica, California
RESOLUTION NUMBER 9294
(City council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA CALLING FOR AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 3, 1998 RELATED TO ADDING ARTICLE
XXI TO THE CITY CHARTER CONCERNING PROVIDING AFFORDABLE HOUSING
TO LOW INCOME PERSONS
WHEREAS, Elections Code section 12109 authorizes the City
Council to provide that all ballots cast at the Special Municipal
Election be counted at a central counting place; and
WHEREAS, Elections Code Section 9280 authorizes the City
Council to direct the City Clerk to transmit a measure appearing on
the ballot to the City Attorney to prepare an impartial analysis,
WHEREAS, Elections Code section 9282 et seq. provides for
procedures for arguments concerning city measures; and
WHEREAS, Elections Code sections 9282 and 9285 authorize the
City council, or any member or members of the city Council
authorized by the city Council, to file written arguments,
including rebuttal arguments in favor of any City measure,
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. A Special Municipal Election shall be held in the
city of Santa Monica on November 3, 1998, which is the election
ordered in accordance with Elections Code section 9255 for the
purpose of submitting initiatives amending the Santa Monica city
Charter and which is the election ordered in accordance with
Government Code Section 43608 for the purpose of submitting a
proposition for incurring bonded debt to the qualified voters of
the City of Santa Monica.
SECTION 2. The following measure shall appear on the ballot
and be submitted to the voters of the city:
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PROPOSITION II " shall
Article XXI be added to
the City Charter
authorizing the city to
annually develop,
construct, or acquire
housing units affordable
to low income persons,
includinq but not limited
to senior citizens, that
do not exceed in nnmher
one-half of one percent
(% of 1%) of the total
nwnl:ler of housing units
that existed in the city
the immediately preceding
year, with any unused
authorization to be
carried over for a period
not to exceed three (3)
years?
YES
NO
The city Clerk shall cause the text of the proposition, which is
contained in Exhibit 1 attached hereto and incorporated by
reference, to be mailed to all qualified voters with the sample
ballot. The city Clerk shall cause the text of the proposition to
be published in the official newspaper and in each edition thereof
during the day of publication in the manner required by law.
SECTION 3. The ballots to be used at the Special Municipal
Election shall be both as to form and matter contained therein such
as may be required by law.
SECTION 4. The City Clerk is authorized, instructed, and
directed to procure and furnish any and all official ballots,
notices, printed matter, and all supplies, equipment, and
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paraphernalia that may be necessary in order to properly and
lawfully conduct the Special Municipal Election.
SECTION 5. The polls for the special Municipal Election shall
be open at 7:00 a.m. of the day of the election and shall remain
open continuously until 8:00 p.m. of the same day when the polls
shall be closed, except as provided in Elections Code Section
14401.
SECTION 6. The notice of the time and place of holding of the
Special Municipal Election is hereby given and the city Clerk is
authorized, instructed and directed to give such further or
additional notice of the election in the time, form and manner
required by law.
SECTION 7. Pursuant to Elections Code section 12109, the city
Clerk is authorized, instructed and directed to give such notice of
the central counting place in the time, form and manner required by
law.
SECTION 8. Pursuant to Elections Code section 9280, the city
Clerk is directed to transmit a copy of each measure to be
submitted to the voters to the city Attorney and the City Attorney
is directed to prepare an impartial analysis of each measure
showing the effect of the measure on the existing law and the
operation of the measure in accordance with the provisions of
Elections Code section 9280. The impartial analysis shall be filed
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by the date set by the city Clerk for the filing of primary
arguments.
SECTION 9. In all particulars not recited in this Resolution,
the Special Municipal Election shall be held and conducted as
provided by law for holding municipal elections in the City of
Santa Monica.
SECTION 10. The City council authorizes the following Council
members to file written arguments as follows:
ARGUMENT IN FAVOR OF PROPOSITION:
ARGUMENT AGAINST PROPOSITION:
SECTION 11. written arguments, not to exceed 300 words in
length, are to be filed with the city Clerk no later than August 4 ,
1998. Arguments so submitted may be changed or withdrawn by the
author(s) until and including the date fixed by the city Clerk
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after which no arguments for or against the measure may be
submitted to the city Clerk. Rebuttal arguments not exceeding 250
words may be submitted by persons for or against the Measure in
accordance with Elections Code Section 9285.
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SECTION 12. 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:
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MARSHA JON~ MOUTRIE
city Attorney
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Adopted and approved this 21st of July, 1998
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Robert Holbrook, Mayor
I, Mana M Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Resolution 9294 (CCS) was duly adopted at a meetmg of the Santa
MOnica City Council held on the 21st of July, 1998 by the followmg vote
Ayes
Councllmembers
Ebner, Femstem, Genser, Greenberg, Holbrook,
O'Connor, Rosenstem
Noes Councllmembers
Abstain Councllmembers
Absent Councllmembers
ATTEST
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Mana M Stewart, City Clerk