HomeMy WebLinkAboutCC Ord 1575 2008-06-09ORDINANCE NUMBER 1575
AN ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING
THE PROCEDURE FOR THE PREPARATION AND FORM OF
ARGUMENTS AND THE IMPARTIAL ANALYSIS RELATING TO
A MEASURE TO BE VOTED ON AT THE NOVEMBER 4, 2008
GENERAL MUNICIPAL ELECTION
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
SECTION 1. Pursuant to the City Charter, the City Council ("Council") has
ordered that the following measure be submitted to the voters at the General
Municipal Election to be held on November 4, 2008:
Y
Shall the Seal Beach Municipal Code be E
amended to limit the maximum height of S
residential development in the Old Town
Area to 25 feet? N
0
SECTION 2. City Charter § 514 provides that the provisions of the
California Elections Code ("Elections Code") shall govern measures provided
such provisions are not in conflict with the Charter.
SECTION 3. City Charter § 505 provides that the Council establish the
procedure for the preparation and form of arguments for and against measures
by ordinance. Pursuant to § 505, the Council hereby provides the following
procedure:
A. Arguments For and Against the Measure.
1. The City Council, or any councilmember authorized by the council,
or any Seal Beach elector, or any bona fide association of citizens, or any
combination of voters and associations, may file a written argument in favor of or
against the measure.
2. The Council hereby authorizes each councilmember to file a
written argument in favor of or against the measure, accompanied by the printed
name and signature of the councilmember submitting it, and to change the
argument 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.
3. No argument shall exceed 300 words in length.
4. Each argument shall be filed with the City Clerk, signed, with the
printed name and signature of each of its author, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature
of at least one of the principal officers who is the author of the argument. Each
author of the argument 'shall execute a statement, in the form attached hereto as
Exhibit A, and submit it concurrently with his or her argument.
5. The City Clerk shall comply with the requirements of Elections
Code §§ 9282 (d) through (f), 9283 and 9287.
Ordinance Number 1575
B. Rebuttal Arguments.
1. After the elections official has selected the arguments for and
against the measure which will be printed and distributed to the voters pursuant
to Elections Code § 9287, the elections official shall send a copy of the selected
argument in favor of the measure to an author of the selected argument against
the measure and a copy of the argument against the measure to an author of the
argument in favor of the measure immediately upon receiving the arguments.
2. The author or a majority of the authors of the selected arguments
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.
3. No more than five persons may sign a rebuttal argument. The
rebuttal arguments shall be filed with the City Clerk, signed, with the printed
name and signature of each author 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. Each author of a rebuttal shall execute a statement, in
the form attached hereto as Exhibit A, and submit it concurrently with his or her
rebuttal.
4. Rebuttal arguments shall be printed in the same manner as the
direct arguments. Each rebuttal argument shall immediately follow the direct
argument it seeks to rebut.
5. All previous ordinances and resolutions providing for the filing of
rebuttal arguments for city measures are repealed. The provisions of this
Section 3.B shall apply only to the election to be held on Tuesday, November 4,
2008.
SECTION 4. Impartial Analysis.
The City Council hereby directs the City Clerk to transmit a copy of the
measure to the city attorney. The city attorney shall prepare an impartial analysis
of the measure, not to exceed 500 words in length, showing the effect of the
measure on the existing law and the operation of the measure. The impartial
analysis shall be filed by the date set by the City Clerk for the filing of primary
arguments.
SECTION 5. Pursuant to City Charter §416, this ordinance shall take
effect and be in force immediately upon its adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of
this ordinance, shall cause the same to be published as required by law, and
entered into the book of ordinances.
PASSED, APPROVED and ADOPTED by the City Council of the City of
Seal Beach, California, at a meeting held on the 9th day of June .2008.
~'~~
ATTEST:
Cit Clerk
Mavnr
Ordinance Number 1575
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing Ordinance was passed, approved and adopted by the City
Council of the City of Seal Beach at a meeting thereof held on the 9th day
of June , 2008, by the following vote:
AYES: Council Member J / v
NOES: Council Members
ABSENT: Council Members V
ABSTAIN: ~ Council Members ~ 1'
and do hereby certify that Ordinance Number 1575 has been published as
required by law.
ity Jerk
1
1
EXHIBIT A
1
FORM OF STATEMENT TO BE FILED BY
AUTHOR OF ARGUMENT OR REBUTTAL
1
1
The undersigned author(s) of the (primary/rebuttal) argument (in favor of/against)
the ballot measure regarding a proposed ordinance relating to a 25 foot height
limit on residences in the Old Town Area at the General Municipal Election for
the City Of Seal Beach to be held on Tuesday, November 4, 2008 hereby state
that the argument is true and correct to the best of (his/her/their) knowledge and
belief.
Sign Name
Print Name
Date
1)
2)
3)
4)
5)
Ordinance Number 1575
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and~not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
V ~~~
all in the year 2008.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated ~t deal Beach, CA,
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
...............................................
...............................................
•S U M M A R Y-ORDINANCE
. NUMBER
1575 site on June 1 p ~~ and web-
' Form of
,
Statement To tae Fil~
a 'Of Arguments are•av~allebe~n
Providing fhe procedure forthe" th
Of
'
e
fice of the
Clty Clerk.
preparation and form of argu-Arguments For and Against fhe
merHs and the impartial analysts Measure -D
r
l
dli
i
e
at
ng to the measure to be ea
ne: Office of the
y City Clerk -June 23, 2008 ~
1
Grsuant to Ilhe~Cily~ I ~~
Clq C
e Dead ne: ROffic~e ~Ithe Ci y Clerk
- J
y
ouncl has ordered that th
e ~'
Pu
isuant W Ciq Chaper §416,
following measure be submitted, this ordinance shall take effect
to'the.votera at the G
eneral
Munldpal Election to be held on :
November 4
2008 and belniorcelmmedlatefyupon
its adoptbn. Ordinance Number
.
:.. _ -- -
Shall the Seal Beach Munldpal
Code be em
d
1 1572 was ado tad at the
Ctty Council meeting of June 9r
2000088 b
the f
ll
en
ed to limit the o
y
owing vote:
maximum height of residential
'development In 'the •Old Town
AYES: Antos, Levitt
Miller
Area to 25 feet? ,
,
Shanks, Sloan
Yes NOES: None Motbn carried
No
City Charter §514 provides that • ~•'
' CoPles of Ordinance Number
the provlaioris of the CaBfomle
Electlons Code ('9=lectlons Code's
shall
over 1575 ere evallaWe from the office
, ~ hKYS I~erk, City Hall 2
•
g
n measures rovided
soh provlsbns are not In oonflld
wftlr the Charter. ~
to
562) 431-2527. ,
TED THIS 10th day of Jun
, _
City Charter §5o5~provides ~thet
the Council establia the prose- e
2008.
SB-249 -
dureforthe preparation and form
of arguments for and against Linda Devine, City Clerk
Cryy of $eal Beach
P
611
measures by ordinance.
Notice of last day to submit • u
shed In the Seal Beach Sun
061908•
arguments•was.posted, on the.
i
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555