HomeMy WebLinkAbout2012-73 - Filing of Rebuttal Arguments for City MeasureRESOLUTION NO. 2012 -73
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, 2012 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(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 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
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 municipal election to be held on Tuesday, November 6, 2012.
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 24th day of July, 2012.
ATTEST:
&L -
Leilani I. Brown
City Clerk ��
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; that the foregoing resolution, being Resolution
No. 2012 -73 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 24th day of July, 2012, and that the same
was so passed and adopted by the following vote, to wit:
Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25`h day of July, 2012.
v` 4J- � „"
City Clerk
Newport Beach, California
(Seal)