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HomeMy WebLinkAboutRES 2022-052RESOLUTION NO. 2022-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND ESTABLISHING A PROCESS FOR FILING WRITTEN ARGUMENTS AND REBUTTAL ARGUMENTS REGARDING THE ADVISORY MEASURE ON THE BALLOT FOR THE TUESDAY, NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION SEEKING VOTER OPINIONS RELATING TO CITY COUNCIL DISTRICTS WHEREAS, the City Council has called a General Municipal Election to be held on Tuesday, November 8, 2022, for the purpose of electing two (2) members of the City Council nominated from District 2 for the full term of four (4) years each. WHEREAS, the City Council has also directed that, pursuant to California Elections Code section 9603, the following advisory measure will also appear on the ballot for the Tuesday, November 8, 2022, General Municipal Election: Advisory Vote Only Shall the measure relating to City Council districts be adopted? (Limited to 75 words) "In Palm Desert now, District 1 (the area surrounding Civic Center with 20% of the population) selects one Council YES representative every four years, and District 2 (the other 80% of the City) votes for a total of four Council representatives, picking two representatives every two years. Should District 2 NO be divided into four smaller districts, with all voters electing a single person from their smaller district every four years?" NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. Section 2. That the City Council authorizes the following members of its body: Karina Quintanilla (Councilmember In Favor) Sabbv Jonathan (Councilmember Against) Kathleen Kelly (Councilmember Against) Gina Nestande (Councilmember Against) Jan Harnik (Councilmember Against) to file written arguments not to exceed 300 words regarding the advisory measure as ' specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Section 3, Division 9 of the California Elections Code. The arguments may be changed or withdrawn until and including RESOLUTION NO. 2022-52 August 22, 2022, at 5:00 p.m., the date fixed by the City Clerk after which no argument ' for or against the advisory measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(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 arguments shall be accompanied by the "Form of Statement To Be Filed By Author(s) of Argument." Section 3. That the City Council directs the City Clerk to transmit a copy of the advisory measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the advisory measure not exceeding five hundred (500) words showing the effect of the measure on the existing law and the operations of the measure. The analysis shall include a statement indicating that the advisory measure was placed on the ballot by the City Council. The impartial analysis shall be filed by August 22, 2022, at 5:00 p.m., the date set by the City Clerk for the filing of primary arguments. Section 4. Rebuttal Arguments. Pursuant to Section 9285 of the California Elections Code, when the City Clerk has selected the primary arguments for and against the Advisory Measure which will be printed and distributed to the voters, the City Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to the authors of the primary argument in favor. ' 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 two hundred fifty (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 (5) authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(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. The rebuttal arguments shall be accompanied by a "Form of Statement To Be Filed By Author(s) of Argument." The rebuttal arguments shall be filed with the City Clerk no later than September 1, 2022, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument that it seeks to rebut. Section 5. That all previous resolutions providing for the filing of primary and rebuttal arguments related to City measures are repealed. Section 6. The City Clerk shall certify to the passage and adoption of this I resolution and enter it into the book of original Resolutions. 2 RESOLUTION NO. 2022-52 PASSED, APPROVED, AND ADOPTED BY THE PALM DESERT CITY COUNCIL THIS 23RD DAY OF JUNE, 2022. JAN C. HARNIK, MAYOR ATTEST: IONY J. M OF PALM ERT, CALIFORNIA CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2022-52 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on June 23, 2022, by the following vote: AYES: KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: JONATHAN ABSENT: NONE ABSTAIN: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, this 21"t'- day of June, 2022. IONY J. NftJlliERK OF PALM ESERT, ALIFORNIA e