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CC RESOLUTION 5357RESOLUTION NO. 5357 A RESOLUTION OF THE CITY COUNCIL OF CITY OF EL SEGUNDO CONFIRMING A PROPONENT'S REQUESTED WITHDRAWAL OF A CITIZEN INITIATIVE FROM THE CITY'S NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION BALLOT AND THE SUBMISSION OF UP TO THREE BALLOT MEASURES FOR SUCH ELECTION BALLOT. The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds and declares as follows: A. On June 7, 2022, the City Council adopted Resolution No. 5337 to call and give notice of the City's general municipal election (the "City Election") to take place on November 8, 2022. B. On June 7, 2022, the City Council adopted Resolution No. 5338 requesting Los Angeles County (the "County") to consolidate the City Election with the County -administered general election to also be held on November 8, 2022. C, On June 7, 2022, the City Council adopted Resolution No. 5341 to submit a citizen initiative to the City's qualified voters at the City Election pursuant to Elections Code § 9215(b) (the "Citizen Initiative"). D. On July 19, 2022, the City Council adopted Resolution No. 5353 to amend minor portions of Resolution No. 5337 and Resolution No. 5338 to allow for the City's submission of up to four ballot measures to its voters at its City Election. E. Via correspondence dated August 9, 2022 and August 11, 2022 attached hereto and incorporated by reference (collectively set forth in Exhibit "A"), the sole proponent of the Citizen Initiative informed the City Clerk, who serves as the City's election official, of her intent to withdraw the Citizen Initiative from the City Election's ballot. F. Withdrawal of a local initiative measure is effective upon receipt by the local elections official (Elec. Code, § 9604, subd. (d).) G. An initiative proponent may withdraw an initiative at any time before the 88th before an election (Elec. Code, § 9215.5.) H. The City Clerk received the proponent's request to withdraw the Citizen Initiative on August 11, 2022, one day prior to August 12, 2022, the 88th day before the City Election. RESOLUTION NO. 5357 PAGE 1 of 5 Through this Resolution, the City Council seeks to confirm both: 1. The withdrawal of the Citizen Initiative; and 2. The City's submission of up to three ballot measures to its voters at its City Election. SECTION 2: Initiative Withdrawal and Submission of Three Measures to Voters at City Election. The City Council approves the following: A. The City Council confirms the proponent's requested withdrawal of the Citizen Initiative, effective on August 11, 2022 via the City Clerk's receipt of such request per Elections Code § 9604(d). To the extent permissible by law, the City Council rescinds Resolution No. 5341. B. The City Council confirms the City's submission of up to three ballot measures to the City's qualifed voters at the City Election, as originally set forth in Resolutions Nos. 5337 and 5338. To the extent permissible by law, the City Council rescinds Resolution No. 5353. SECTION 3: Environmental Review. This Resolution itself and the actions anticipated herein were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). Based upon that review, this Resolution is exempt from further review pursuant to CEQA Guidelines § 15061(b)(3), as it can be seen with certainty that there is no possibility that the actions herein may have a significant effect on the environment. SECTION 4: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 5: Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 6: Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 7: City Clerk Actions. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. The City Clerk is directed to file a certified copy of this Resolution with the County. RESOLUTION NO. 5357 PAGE 2 of 5 PASSED AND ADOPTED this 16t" day of August, 2022. ATTEST: (t� /�mw-h) Tracy "ilea r„ City Clerk APPROVED AS TO FORM: w. Mark Hers ley, City Attorney RESOLUTION NO. 5357 PAGE 3 of 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. 5357 was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a special meeting of said Council held on the 16th day of August, 2022, and the same was so passed and adopted by the following roll call vote: AYES: Mayor Boyles, Council Member Pirsztuk, Council Member Nicol, and Council Member Giroux NOES: None ABSENT: Mayor Pro Tern Pimentel ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY thisIV—b day of August, 2022. j4y,A i � City TrAy Weaver, C y Clerk of the City of El Segundo, California RESOLUTION NO. 5357 PAGE 4 of 5 EXHIBIT "A" CORRESPONDENCE REGARDING WITHDRAWAL OF CITIZEN INITIATIVE RESOLUTION NO. 5357 PAGE 5 of 5 Sandra Spiker 624 Sheldon Street El Segundo, CA 90245 August _J_, 2022 Tracy Weaver City of El Segundo Office of the City Clerk 350 Main Street El Segundo, CA 90245 RE: Withdrawal of El Segundo Cannabis lie ulat gn and Public S a et Measure Dear Ms. Weaver: My name is Sandra Spiker and I am the proponent for the El Segundo Cannabis Regulation and Public Safety Measure that is scheduled to be on the ballot this November of 2022. I am writing this letter to inform you that I have recently moved out of the City of El Segundo to another state and wish to formally withdraw my name as the proponent of the above referenced measure and ultimately withdraw the measure entirely from the ballot in November of 2022. Thank you for your assistance with this matter. Sincerely, Sandra Spiker WASHINGTON NOTARY ACKNOWLEDGEMENT R E �'D CT1IV CLERK"'S DEP (INDIVIDUAL) 2022 AUG I I pm5:12 State of fas "nton Cod'hty of certify that I know or have satisfactory evidence thatsiri/ Name of Person] is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instn Dated: A�0. Title My appointment expires:, �L Copyright © 2018 NotaryAclmowledgement.com. All Rights Reserved. RECT CITY CLERK'S UEPT 2022 AU6 S AN11:17 Tracy Weaver City of El Segundo Office of the City Clerk 350 Main Street El Segundo, CA 90245 Dear Ms. Weaver: Sandra Spiker 624 Sheldon Street El Segundo, CA 90245 August 61 , 2022 LI:TIWH, 6 0fjU TTZr�ZOZad�� Id3a Si)1?131 J A113 a,33d My name is Sandra Spiker and I am the proponent for the El Segundo Cannabis Regulation and Public Safety Measure that is scheduled to be on the ballot this November of 2022. I am writing this letter to inform you that I have recently moved out of the City of El Segundo to another state and wish to formally withdraw my name as the proponent of the above referenced measure. Thank you for your assistance with this matter. Sincerely, Sandra Spiker