CC Resolution 2022-019 Initiative Ord-Measure - Impartial Analysis, Arguments, & Rebuttal Final
RESOLUTION NO. 2022 – 019
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, SETTING PRIORITIES
FOR FILING WRITTEN ARGUMENTS AND
PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING AN INITIATIVE
ORDINANCE AND BALLOT MEASURE, PROPOSING
THE “PHASE-OUT AND PERMANENT BAN OF NON-
HOSTED SHORT-TERM VACATION RENTALS IN
NON-EXEMPT AREAS IN THE CITY OF LA QUINTA,”
AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 8, 2022, AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, pursuant to the provisions of the laws of the State of
California and the City of La Quinta, a General Municipal Election has been
called to be held on Tuesday, November 8, 2022, pursuant to Resolution No.
2022-009, adopted on May 3, 2022; and
WHEREAS, the City Council, pursuant to California Elections Code
sections 9215 and 1405, has authorized to submit to the voters of the City of
La Quinta at the November 8, 2022, General Municipal Election, the following
ballot question for the initiative ordinance and ballot measure, proposing to
phase-out and permanent ban of non-hosted short-term vacation rentals in
non-exempt areas of the City of La Quinta by December 31, 2024 (the
“Measure”):
Shall the measure, proposing to phase-out
and permanently ban “non-hosted short-
term vacation rentals,” as defined, in non-
exempt areas of the City of La Quinta by
December 31, 2024, be adopted?
YES
NO
WHEREAS, Article 4, Chapter 3, Division 9 of the California Elections
Code provides for the filing of written arguments and rebuttal arguments, and
for the submittal of an impartial analysis by the city attorney, for ballot
measures that have qualified to be presented to the voters at municipal
elections.
Resolution No. 2022-019
Initiative Ordinance and Ballot Measure – Impartial Analysis, Arguments, and Rebuttals
Adopted: June 7, 2022
Page 2 of 4
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City
of La Quinta, as follows:
SECTION 1. Pursuant to California Elections Code section 9282(a), for
measures placed on the ballot by petition, the persons filing the initiative
petition may file a written argument in favor of the ordinance, and the City
Council may submit an argument against the Measure. Pursuant to California
Elections Code section 9282(b), the City Council also authorizes the City
Council collectively, or any member or members of the City Council authorized
by the full Council, or any individual voter who is eligible to vote on the
Measure, or bona fide association of citizens, or any combination of voters and
associations, to file a written argument in Favor OR Against the Measure,
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 its principal
officers. The filer of a written argument may change or withdraw the
argument until and including the date fixed by the City Clerk – August 22,
2022, after which no arguments for or against the Measure may be submitted
to the City Clerk. No argument shall exceed 300 words in length, and no more
than five signatures shall appear on any argument.
SECTION 2. Pursuant to California Elections Code section 9285(a), when the
City Clerk has selected the arguments for and against the Measure, which will
be printed and distributed to the voters, the City Clerk shall send copies of the
argument in favor of the Measure to the authors of the argument against, and
copies of the argument against to the authors in favor. The authors may
prepare and submit rebuttal arguments not to exceed 250 words. The rebuttal
arguments shall be filed with the City Clerk, 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 its principal officers, not more than 10 days
after the final date for filing direct arguments. On the ballot, each rebuttal
argument shall immediately follow the direct argument which it seeks to rebut,
and no more than five signatures shall appear on any rebuttal argument.
SECTION 3. Any written argument or rebuttal argument filed with the City
Clerk shall be accompanied by the Statement of the Author Form required by
California Elections Code section 9600. The City Clerk shall provide such form
upon request.
SECTION 4. If more than one argument for or more than one argument
against the Measure is submitted to the City Clerk within the time prescribed,
Resolution No. 2022-019
Initiative Ordinance and Ballot Measure – Impartial Analysis, Arguments, and Rebuttals
Adopted: June 7, 2022
Page 3 of 4
the City Clerk shall select one of the arguments in favor and one of the
arguments against the Measure for printing and distribution to the voters in
accordance with the priority set forth in California Elections Code section 9287.
SECTION 5. Pursuant to California Elections Code section 9280, 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, 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 for
or against the Measure – August 22, 2022.
The impartial 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 the City Council. In the event the entire text of the Measure
is not printed on the ballot, nor in the voter information guide, there shall be
printed immediately below the impartial analysis, in no less than 10-font bold
type, the following: “The above statement is an impartial analysis of
Ordinance or Measure ___ (enter assigned Measure number here). If
you desire a copy of the ordinance or measure, please call the Office
of the City Clerk at (760) 777 – 7035 and a copy will be mailed at no
cost to you.”
SECTION 6. Pursuant to California Elections Code sections 9282 and 9285,
the City Clerk shall print, or cause to be printed, in the Official Sample Ballot,
the entire text of the arguments for or against the Measure, and the rebuttal
arguments, in uniform type, style and spacing.
SECTION 7. Pursuant to California Elections Code section 9295, materials
related to this initiative Measure will be available for public examination for no
fewer than ten (10) calendar days, from August 23 through September 1,
2022, immediately following the filing deadline for submissions of those
materials, and prior to being submitted for printing in the voter information
guide. The City Clerk shall post notice in the Clerk’s Office of the specific dates
that the examination period will run.
SECTION 8. This Resolution shall become effective upon its adoption.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council of the City of La Quinta held this 7th day of June, 2022, by the
following vote:
CERTIFICATION OF RESOLUTION NO. 2022-019
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing resolution containing four (4) pages is a full, true and
correct copy of Resolution No. 2022-019 of the City of La Quinta entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING AN INITIATIVE ORDINANCE AND
BALLOT MEASURE, PROPOSING THE “PHASE-OUT AND
PERMANENT BAN OF NON-HOSTED SHORT-TERM VACATION
RENTALS IN NON-EXEMPT AREAS IN THE CITY OF LA QUINTA,” AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2022, AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
Resolution 2022-019 was adopted by the La Quinta City Council on the 7th day of
June 2022.
Dated: June 8, 2022
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California