HomeMy WebLinkAbout2006-82 - Filing Written Arguments for City MeasuresRESOLUTION NO. 2006-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SETTING
PRIORITIES, FOR FILING (A) WRITTEN ARGUMENTS)
REGARDING A CITY MEASURE AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Newport Beach,
California, on Tuesday, November 7, 2006, at which there will be submitted to the voters the
following measure:
MEASURE
Shall the Charter be amended to add Section 424 to prohibit the City of Newport Beach
and/or any City- Affiliated Agency from exercising the power of eminent domain to acquire real
property for the sole purpose of transferring the property to another person to further private
economic development?
The precise wording of the measure to be submitted to voters pursuant to this Section is
attached as Exhibit A.
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. That. the City Council authorizes Council Member Keith .Curry (Council
Member in Favor), member. of that body, to file a written argument regarding the City measure
as ..specified-above, accompanied by the printed.. name(s). and signature(s) . of the author(s)
submitting it; in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the
State..of California and to change the argument.until and including.the date fixed by the City
The argument 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 2. That the City Council 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 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.
SECTION 2. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the. book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of July, 2006.
V
MAYOR
ATTEST:
CITY CLERK
I III: 1
Section 424. Limitations on Use of Eminent Domain
The City of Newport Beach and/or any City-Affiliated. Agency shall not exercise the power of
eminent domain to acquire any property from the owner of the property, without the owner's
consent, for the sole purpose of transferring the property to another person to further private
economic development.
As used in this section of the Charter, the following terms shall have the following ascribed
meanings:
"Owner" means the owner of the fee title interest in the property to be acquired, as shown on the
last equalized assessment roll, or other more current proof of vesting the City may have. .
"Property" shall mean any.interest.in real or personal:properly otherwise subject to acquisition
through the use of eminent domain.
"City- Affiliated Agency". shall mean the City of Newport Beach and/or any other entity
possessing the power of eminent domain, the governing board of which is solely. composed of, or
is solely appointed by, the members of the City Council of the City of Newport Beach.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, L&Vonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2006 -82 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
25th day of July 2006, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Curry, Selich, Rosansky, Ridgeway, Daigle, Nichols, Mayor Webb
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affied the
official seal of said City this 26th day of July 2006. .