HomeMy WebLinkAbout2018-51 - Providing For the Filing of Rebuttal Arguments for the City Measure Submitted To the Voters at the General Municipal Election to Be Held on Tuesday, November 6, 2018, Pursuant To California Elections Code Section 9285RESOLUTION NO. 2018-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR THE CITY
MEASURE SUBMITTED TO THE VOTERS AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 2018, PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 9285
WHEREAS, pursuant to California Elections Code Section 9282(b) the City
Council and other interested parties are authorized to submit arguments for and against
the City's proposed ballot measures; and
WHEREAS, pursuant to California Elections Code Section 9285 the City Council,
by majority vote, is authorized to adopt provisions to provide for the filing of rebuttal
arguments for direct arguments submitted under California Elections Code Section
9282(b).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: Pursuant to California Elections Code Section 9285(a)(1), when the
Elections Official has selected the arguments for and against the measure which will be
printed and distributed to the voters, the Elections Official shall send a copy of an
argument in favor of the measure to the authors of any argument against the measure
and a copy of an argument against the measure to the authors of any argument in favor
of the measure upon receiving the arguments.
Pursuant to California Elections Code Section 9285, 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.
Resolution No. 2018-51
Page 2 of 3
The rebuttal argument(s) 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, not more than ten (10) calendar days after the final date for
filing direct arguments. The rebuttal argument(s) shall be accompanied by the "Form of
Statement to be Filed by Author(s) or Argument."
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to
rebut.
Section 2: All previous resolutions providing for the filing of rebuttal arguments
for City measures are repealed.
Section 3: The rebuttal provisions provided within Section 1 shall apply only to
the General Municipal Election to be held on Tuesday, November 6, 2018.
Section 4: The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Section 5: If any section, subsection, sentence, clause or phrase of this resolution
is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 6: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Resolution No. 2018-51
Page 3 of 3
Section 7: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
Section 8: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting this resolution.
PASSED, APPROVED AND ADOPTED this 26th day of June, 2018.
ATTEST:
r
O
l_eilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
aron C. Harp
City Attorney
Marshall "D " Du ield
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2018-51 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 261h day of June, 2018, and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott
Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield
NAYS: Council Member Herdman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 271h day of June, 2018.
la�r-VVI-
Leilani I. Brown r
City Clerk
Newport Beach, California