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HomeMy WebLinkAbout2010-80 - Rebuttal Arguments - 11-2-10RESOLUTION NO. 2010 -80 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 2, 2010 PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9285 WHEREAS, pursuant to authority provided by Article XI of the California Constitution, Title 4, Division 2, Chapter 2 of the California Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the California Elections Code, the City Council of the City of Newport Beach is authorized to submit proposed Charter amendments to the voters as a ballot measure; and 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 Section 9282(b). NOW, THEREFORE, THE 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, 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. 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 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. 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 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 municipal election to be held on Tuesday, November 2, 2010. SECTION 4. 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 on this 6th day of July, 2010. Keith D. Curry Mayor ATTEST; Leilani I. Brown City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE 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; that the foregoing resolution, being Resolution No. 2010 -80 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 6th day of July, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Mayor Curry Noes: None Absent: Daigle Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 7th day of July, 2010. NO- City Clerk Newport Beach, California (Seal)