HomeMy WebLinkAbout2018-50 - Setting Priorities for Filing Written Arguments Regarding a City Measure, and Directing the City Attorney to Prepare an Impartial AnalysisRESOLUTION NO. 2018-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, SETTING PRIORITIES
FOR FILING 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 6, 2018, at which there will be submitted to the
voters the following measure:
MEASURE
Yes
REQUIRE VOTER APPROVAL PRIOR TO ISSUING OR
INCURRING CERTAIN DEBT OBLIGATIONS
Shall Newport Beach City Charter Section 1109 be amended to
require at least fifty-five percent (55%) voter approval prior to
issuing Certificates of Participation or Lease Revenue Bonds No
greater than fifty million dollars ($50,000,000.00) to finance
capital projects?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
17Q I W -61T 1.5
Section 1: That the City Council authorizes the following City Council Member(s)
of its body:
Kevin Muldoon (Council Member in Favor) (Council Member Against),
Marshall Duffield (Council Member in Favor) (Council Member Against),
Scott Peotter (Council Member in Favor) (Council Member Against),
to file a written argument not exceeding three hundred (300) words 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 California
Elections Code.
Resolution No. 2018-50
Page 2 of 3
The arguments may be changed or withdrawn until and including the date fixed by the
City Clerk after which no arguments for or against the City measure may be submitted to
the City Clerk. A direct argument may not be signed by more than five (5) authors.
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 2: 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 of no more than five hundred (500) words, pursuant to California Election Code
Section 9280.
Section 3: The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Section 4: 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 5: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Resolution No. 2018-50
Page 3 of 3
Section 6: The City Council find 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 7: 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.
/-. 11111*101
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AM—
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFF
C'l'C, _l
ar n C. Harp
City Attorney
arshall "DqV Duffel" d
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. 2018-50 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.
/VUV t
Amt--=-
Leilani I. Brown
City Clerk
Newport Beach, California