HomeMy WebLinkAbout2023-61 - Opposing Assembly Constitutional Amendment 13 (Voting Thresholds)RESOLUTION NO. 2023-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, OPPOSING
ASSEMBLY CONSTITUTIONAL AMENDMENT 13
(VOTING THRESHOLDS)
WHEREAS, since the adoption of the California Constitution in 1849, there has
never been different thresholds for the approval of constitutional amendments based on
the content of the amendment;
WHEREAS, Assembly Constitutional Amendment 13 ("ACA 13") proposes to
change the California Constitution to impose a higher vote threshold for certain types of
amendments to the California Constitution proposed by citizens via a ballot initiative;
WHEREAS, ACA 13 raises the voter approval requirement for those citizen -
proposed ballot initiatives, making it more difficult to pass amendments to the California
Constitution that would limit the ability to increase taxes;
WHEREAS, ACA 13 is one sided because it places more stringent requirements
for amendments to the California Constitution that have the effect of limiting the ability to
raise taxes without imposing the same requirements on the legislature;
WHEREAS, ACA 13 would prevent citizens from utilizing the initiative process to
limit tax increases;
WHEREAS, in 1978, California voters adopted Proposition 13 ("Proposition 13")
to provide a check on local governments' taxing authority and to ensure a greater
representative voice for those who would be taxed;
WHEREAS, the City Council for the City of Newport Beach is dedicated to limiting
the cost of government on the taxpayers of Newport Beach, and protecting the residents
and businesses of Newport Beach from onerous fiscal actions by other levels of
government which may impair our ability to protect our quality of life; and
WHEREAS, the City Council opposes actions that would change or weaken the
protections enshrined by Proposition 13.
Resolution No. 2023-61
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby oppose Assembly Constitutional
Amendment 13 because it increases the voter approval requirement for those citizen -
proposed ballot initiatives that have the effect of limiting the ability to raise taxes, thereby
weakening the protections safeguarded by Proposition 13.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: 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 4: 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2023-61
Page 3 of 3
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 24th day of October, 2023.
ATTEST:
- In 1
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
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. 2023-61 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 24th day of October, 2023; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Robyn Grant,
Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember
Erik Weigand
NAYS: None
ABSENT: Councilmember Brad Avery
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of October, 2023.
Leilani I. Brown
City Clerk
Newport Beach, California