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HomeMy WebLinkAboutReso 62-23 Reso for Arguments and Impartial AnalysisRESOLUTION NO. 62-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, REGARDING THE SUBMISSION OF ORDINANCE NO. 659(B) TO THE QUALIFIED VOTERS OF THE CITY AS A PROPOSED MEASURE THE CITY COUNCIL City of Morro Bay, California WHEREAS, a General Municipal Election is to be held in the City of Morro Bay, California, on November 5, 2024, at which there will be submitted to the voters a ballot measure to consider adopting Ordinance No. 659(B) prohibiting, unless approved by Morro Bay voters, any change to land use designations of visitor -serving commercial or commercial/recreational fishing, on certain specified parcels within the City of Morro Bay. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to Elections Code § 9282, for measures placed on the ballot by petition, the persons filing the initiative petition may file a written argument in favor of the ordinance. Section 2. That in the event that more than one argument for or against the foregoing measure is timely submitted, then consistent with Elections Code § 9282, the City's elections official shall give preference and priority first, to arguments submitted by member(s) of the City Council, and second, to individual voters, or bona fide associations of citizens, or a combination thereof, in the order set forth at California Elections Code § 9287. Section 3. That in accordance with the requirements of Division 9, Chapter 3, Article 4 of the California Elections Code, all written arguments for or against the foregoing measure: (1) shall not exceed three hundred (300) words in length; (2) shall be filed with the City's elections official; (3) shall be accompanied by the printed name(s) and signature(s) of the person(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 the principal officers who is the author of the argument; and (4) shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument as provided for in California Elections Code § 9600. All written arguments may be changed or withdrawn until and including the date fixed by the City's elections official, being the close of business on Friday, JuIV 19, 2024, after which time no arguments for or against the foregoing measure may be submitted to the elections official. Section 4. That the City Council hereby directs the City's elections official to transmit a copy of the foregoing measure to the City Attorney. In accordance with California Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of the measure, not to exceed five hundred (500) words in length, 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 RESOLUTION NO. 62-23 PAGE 2OF2 the governing body of the city. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-point bold type, a legend substantially as follows: "The above statement is an impartial analysis of Ordinance or Measure (letter to be determined by the County Clerk Recorder). If you desire a copy of the ordinance or measure, please call the elections official's office at (805) 772-6205 and a copy will be mailed at no cost to you." The impartial analysis shall be filed by the date set by the City's elections official for the filing of primary arguments. Section 5. That the City's elections official shall cause the City Attorney's Impartial Analysis, and duly selected arguments, to be printed and distributed to voters in accordance with State law regarding same. 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. This Resolution shall be effective immediately upon passage and adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Morro Bay, California, at a regular meeting held on the 12th day of September 2023. AYES: Wixom, Barton, Edwards, Landrum NOES: None ABSENT: None ABSTAIN: None RECUSE: Ford ATTEST: l (IJANA SWAMSON, City Clerk F CA WIXOM, Mayor