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RESOLUTION NO. ____-2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA SETTING PRIORITIES FOR FILING WRITTEN ARGUMETNS
REGARDING A CITY BALLOT MEASURE AND DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS FOR A MEASURE REGARDING WHETHER TO TRANSITION FROM AN ELECTION SYSTEM WITH FOUR BYDISTRICT COUNCILMEMBERS AND A MAYOR ELECTED AT-LARGE TO AN
ELECTION SYSTEM WITH FIVE BY-DISTRICT COUNCILMEMBERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 WHEREAS, at its March 7, 2022 meeting the City Council adopted Resolution No. 5083-2022 submitting to the voters at its General Municipal Election on November 8, 2022 the following ballot measure question:
Shall the electors repeal Measure G and return to five
elected city council members and a mayor selected
from among the five elected city council members?
YES
NO
WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and
WHEREAS, § 9280 of the Elections Code of the State of California authorizes the governing body to direct the city elections official to transmit a copy of the measure to the city attorney in order to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. All of the foregoing recitals are true and correct.
SECTION 2. Impartial Analysis. The City Clerk shall transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the 287743.v2
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 within ten (10) days of the adoption of this Resolution.
SECTION 3. Ballot Arguments. Any and all members of the City Council, or any registered voter or bona fide association of citizens, are hereby authorized to prepare a written argument in favor of or against the measure, not to exceed 300 words, as specified in section 9282 of the California Elections Code. Arguments against the Measure may not exceed 300 words and must be submitted to the City Clerk in compliance with sections 9282 and 9283 of the California Elections Code by the deadline established by the City Clerk. Each argument shall be filed with the City Clerk, signed, and include the printed names(s) and signatures(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. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
SECTION 4. Rebuttal Arguments. Under Elections Code Section 9285, when the elections official has selected the arguments for and against the measure, not exceeding 300 words each, which will be printed and distributed to the voters, the elections official shall send a copy of the selected argument in favor of the proposition to the authors of the selected argument against the measure and a copy of the selected argument against the measure to the authors of the selected 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. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signatures(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, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument, available upon request from the City Clerk. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 5. Environmental Determination. The City Council determines this Resolution is exempt from review under the California Environmental Quality Act (CEQA).
Pursuant to section 15061(b)(3) of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. The calling and noticing of a measure to be added to a General Municipal Election and related elections activities are not a project within the meaning of CEQA Guidelines section 15378, subsection (b)(3).
SECTION 6. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 287743.v2
PASSED, APPROVED AND ADOPTED this 1st day of August, 2022. _______________________________
Paul Anthony Courtney, Dr.B.A., Mayor
APPROVED AS TO FORM:
____________________________
Matthew T. Summers
City Attorney
ATTEST:
____________________________
Andrea Flores
City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No._____-2022 of said Council which was adopted at its regular meeting of August 1, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________________
Andrea Flores, City Clerk