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HomeMy WebLinkAbout04 - Calling the November 8, 2016 General Municipal Election��WPaRT CITY OF O � _ z NEWPORT BEACH Cq</ Fp P City Council Staff Report June 14, 2016 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Leilani I. Brown, City Clerk - 949-644-3005, (brown@newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk TITLE: Calling the November 8, 2016 General Municipal Election ABSTRACT: Under the provisions of the Newport Beach City Charter Section 1000, a General Municipal Election shall be held on the first Tuesday after the first Monday of November in each even numbered year for the election of Municipal Officers and for such other purposes as the City Council may prescribe. RECOMMENDATION: a) Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 8, 2016, pursuant to City Charter Section 1000: 1) Adopt Resolution No. 2016-67, A Resolution of the City Council of the City of Newport Beach, California, Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2016, for the Election of Members of the City Council as Required by the Provisions of the City Charter; 2) Adopt Resolution No. 2016-68, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 8, 2016, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Electing Members of the City Council; 3) Adopt Resolution No. 2016-69, A Resolution of the City Council of the City of Newport Beach, California, Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be Held on Tuesday, November 8, 2016; 4-1 Calling the November 8, 2016 General Municipal Election June 14, 2016 Page 2 4) Adopt Resolution No. 2016-70, A Resolution of the City Council of the City of Newport Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 8, 2016, with the Statewide General Election to be Held on the Same Date Pursuant to California Elections Code Section 10403 for the Purpose of Submitting a Proposed Charter Amendment, 6) Adopt Resolution No. 2016-71, 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; 7) Adopt Resolution No. 2016-72, 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 8, 2016, Pursuant to California Elections Code Section 9285; b) Designate Council Member Keith Curry to draft a Direct Argument for the ballot measure and any Rebuttal Argument, if needed; and c) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly. FUNDING REQUIREMENTS: Funding has been budgeted to conduct the November 8, 2016 General Municipal Election. DISCUSSION: General Municipal Election City Charter Section 1002 indicates that, unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California for the holding of municipal elections, as long as they do not conflict with the City Charter. Prior to August 12, 2016, the City Council must submit to the County of Orange Registrar of Voters ("ROV") a Resolution calling and giving notice of the November 8, 2016 General Municipal Election to elect three Council Members for Districts 2, 5 and 7; request consolidation with the Statewide General Election; and set regulations 4-2 Calling the November 8, 2016 General Municipal Election June 14, 2016 Page 3 pertaining to candidates statements. Further, resolutions also need to be submitted relative to any City measure, including text. The Impartial Analysis and Direct Arguments are also due to the ROV by August 12, 2016. The candidate filing period for the November 8, 2016 election will open on Monday, July 18, 2016, and close at 4:30 p.m. on Friday, August 12, 2016. If the incumbent for District 2 does not file, the period is extended to 5:30 p.m. on Wednesday, August 17, 2016 for District 2 candidates other than the incumbent to file. It is optional for each candidate to submit a candidate's statement. If the candidate chooses to have a statement included in the Sample Ballot, the resolution stipulates that the costs involved are paid by the candidate at the time the nomination paper is filed. Based on an estimate from the ROV, the deposit for printing each statement (maximum 200 words) in the Sample Ballot is $1,500. The resolutions calling and giving notice of the November 8, 2016 General Municipal Election to elect three Council Members, requesting consolidation with the Statewide General Election, and setting regulations for Candidates Statements are presented as Attachments A, B, and C, respectively. The Notice of the Election will be provided in accordance with Elections Code requirements. Charter Amendment At the May 26, 2015 City Council meeting, the City Council adopted Resolution No. 2015-44, A Resolution of the City Council of the City of Newport Beach Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2016, and Ordering the Submission of a Proposed Amendment to the City Charter to the Electors, the "Newport Beach Taxpayer Protection Act" (Measure - Require 5 of 7 Votes of the City Council to Propose Taxes). As stated in the May 26, 2015 staff report (Attachment D), the proposed Charter Amendment does not alter constitutional requirements for voter approval. Presently, the constitution requires a majority vote to impose general taxes, a 2/3 vote to impose special taxes, and a 55% vote to impose ad valorem property taxes to fund school facility bonds. This amendment does not alter the constitutional timing requirement for placing general taxes on a ballot (such taxes may only be placed on a ballot during an election where members of the governing body are on the ballot, unless by unanimous vote, a council determines that there is an emergency need). Finally, this amendment does not alter the constitutional and statutory processes, including the requirements for hearings and notice. 4-3 Calling the November 8, 2016 General Municipal Election June 14, 2016 Page 4 Attachment E requests a consolidated election with the County of Orange for the purpose of presenting the Charter Amendment to the electorate. City Attorney Impartial Analysis and Filing of Direct Arguments Attachment F directs the City Attorney to prepare an impartial analysis of the ballot measure showing the effect of the Charter Amendment on existing law. The impartial analysis shall not exceed 500 words in length. The City Clerk shall set the deadline for submittal of arguments for or against a measure based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election. The deadlines for translations and printing set by the ROV, and the mandated 10 -day public examination period of arguments must be taken into consideration. Therefore, the City Clerk is recommending that Tuesday, June 21, 2016 be fixed as the deadline for the submittal of the impartial analysis and Monday, June 27, 2016 be fixed as the deadline for the submittal of direct arguments. Direct arguments may not exceed 300 words in length. Pursuant to Section 9295 of the Elections Code, the impartial analysis or any direct argument will be made available in the City Clerk's Office for public examination during the 10 -calendar day period. The examination period for the impartial argument shall commence on Wednesday, June 22, 2016, and end on Friday, July 1, 2016. The examination period for the direct arguments shall commence on Tuesday, June 28, 2016, and end on Thursday, July 7, 2016. Filing of Rebuttal Arguments Rebuttal arguments must be filed not more than 10 -days after the deadline for filing direct arguments, or Thursday, July 7, 2016, and are limited to no more than 250 words. Any rebuttal arguments will be made available in the City Clerk's Office for public examination during the 10 -calendar day period commencing on Friday, July 8, 2016, and ending on Monday, July 18, 2016. The Resolution relative to rebuttal arguments is attached as Attachment G. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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 Calling the November 8, 2016 General Municipal Election June 14, 2016 Page 5 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A - Resolution Calling Election (City Council Seats) Attachment B - Resolution Requesting Consolidation (City Council Seats) Attachment C - Resolution Establishing Regulations for Candidates Statements (City Council Seats) Attachment D - May 26, 2015 Staff Report (Ballot Measure) Attachment E - Resolution Requesting Consolidation (Ballot Measure) Attachment F - Resolution Filing Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis (Ballot Measure) Attachment G - Resolution Providing for the Filing of Rebuttal Arguments (Ballot Measure) 4-5 ATTACHMENT A RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, a General Municipal Election shall be held on the first Tuesday after the first Monday of November in each even numbered year for the election of Municipal Officers; and WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, a General Municipal Election shall be held on Tuesday, November 8, 2016 for the election of members of the City Council to represent the Second, Fifth and Seventh Districts for a term of four years. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Pursuant to the provisions of Sections 400 et seq. of the City Charter, there is called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 8, 2016, a General Municipal Election for the purpose of electing members of the City Council to represent the Second, Fifth and Seventh Districts for the full term of four years. we Resolution No. 2016 - Page 2 of 3 Section 2: The ballots to be used at the election shall be in form and content as required by law. Section 3: The City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. Section 4: The polls for the election shall be open at seven o'clock a.m. (7:00 a.m.) on the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 p.m.) of the same day when the polls shall be closed, pursuant to California Elections Code Section 10242, except as provided in California Elections Code Section 14401. Section 5: In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 6: Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form, and manner as required by law. Section 7: In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Orange Registrar of Voters, the tie vote shall be settled by the casting of lots pursuant to Section 400 of the City Charter of the City of Newport Beach. Section 8: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. 4-7 Resolution No. 2016 - Page 3 of 3 Section 9: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. Section 10: 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 11: This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. PASSED, APPROVED AND ADOPTED this 14th day of June, 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk OR ATTACHMENT B RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 FOR THE PURPOSE OF ELECTING MEMBERS OF THE CITY COUNCIL WHEREAS, the City Council of the City of Newport Beach, California, ("City") called a General Municipal Election to be held on Tuesday, November 8, 2016, for the purpose of the election of members of the City Council to represent the Second, Fifth and Seventh Districts for a term of four years; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that, within the City, the precincts, polling places, and election officers of the two elections be the same; the County Election Department of the County of Orange canvass the returns of the General Municipal Election; and the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Pursuant to the requirements of California Elections Code Section 10403, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 8, 2016, for the purpose of the Resolution No. 2016 - Page 2 of 3 election of members of the City Council to represent the Second, Fifth and Seventh Districts for a term of four years. Section 2: The County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide General election. Section 3: The Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Section 4: The City of Newport Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Section 5: The City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Orange. Section 6: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. Section 7: 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, Chapter 3, 4-10 Resolution No. 2016 - Page 3 of 3 because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 8: This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. PASSED, APPROVED AND ADOPTED this 14th day of June, 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk 4-11 ATTACHMENT C RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 WHEREAS, California Elections Code Section 13307 provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the Candidates Statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: General Provisions. Pursuant to California Elections Code Section 13307, each candidate for elective office to be voted for at an election to be held in the City of Newport Beach on November 8, 2016, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate, and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The candidate's statement shall be filed in type written form, as well as in electronic format, with the Office of the City Clerk at the time the candidate's nomination papers are filed. The candidate's statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2: Foreign Language Policy. A. Pursuant to the Federal Voting Rights Act, candidates' statements will be translated into all languages required by the County of Orange. The County is required to translate candidate statements into the following languages: Spanish and Chinese. 4-12 Resolution No. 2016 - Page 2 of 4 B. The County will print and mail sample ballots and candidate statements to all voters in Spanish and Chinese. The County will mail separate sample ballots and candidate statements in Spanish and Chinese to only those voters who are in the County voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidate statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. C. The City Clerk shall: 1. Have all candidates statements translated into the languages specified in (A) above. 2. Have all translations made available upon request in the Office of the City Clerk. Section 3: Payment. A. Translations 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and/or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (A) and (B) of Section 2 above pursuant to State and Federal law, but is requested as an option by the candidate. B. Printing 1. The candidate shall be required to pay for the cost of printing the candidate's statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required by (A) of Section 2 above, in the main voter pamphlet. 4-13 Resolution No. 2016 - Page 3 of 4 3. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay in advance to the City of Newport Beach his or her estimated pro rata share as a condition of having his or her statement included in the voters pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidates for additional actual expenses or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidates to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election. Section 4: No candidate will be permitted to include additional materials in the sample ballot package. Section 5: The City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nominating petitions are issued. Section 6: All previous resolutions establishing City Council policy on payment for candidates statements are repealed. Section 7: This resolution shall apply only to the General Municipal Election to be held on Tuesday, November 8, 2016, and shall then expire without further action by the City Council. Section 8: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 9: 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 4-14 Resolution No. 2016 - Page 4 of 4 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 10: This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. PASSED, APPROVED AND ADOPTED this 14th day of June, 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk 4-15 I FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: ATTACHMENT D NEWPORT BEACH City Council Staff Report May 26, 2015 Agenda Item No. 24 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Leilani I. Brown, City Clerk — (949) 644-3005, (brown@newportbeachca.gov Leilani I. Brown, City Clerk (949) 644-3005 November 8, 2016 General Municipal Election - Ballot Measure On March 14, 2015, Council Member Keith Curry requested staff prepare a Charter Amendment to require that taxes proposed by the City Council obtain 5 of 7 votes of the City Council to place tax increases before the City's voters. The Resolution, if adopted, would call a General Municipal Election for November 8, 2016, and order on the ballot a Charter Amendment to add Charter Section 1115, entitled "City Council Sponsored Tax Proposals — 5 of 7 Vote Requirement." This amendment is also known as and self -titled the "Newport Beach Taxpayer Protection Act." RECOMMENDATION: Adopt Resolution No. 2015-44, A Resolution of the City Council of the City of Newport Beach Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2016, and Ordering the Submission of a Proposed Amendment to the City Charter to the Electors, the "Newport Beach Taxpayer Protection Act" (Measure - Require 5 of 7 Votes of the City Council to Propose Taxes). FUNDING REQUIREMENTS: Funding will be budgeted to conduct the November 8, 2016 General Municipal Election. DISCUSSION: As a Charter City, the City of Newport Beach has the power to make and enforce all ordinances and regulations with respect to municipal affairs, subject only to restrictions and limitations provided in the City Charter or the state Constitution. Section 5(b) of Article XI of the California Constitution states that "it shall be competent in all city charters to provide ... for ... conduct of city elections." Further, the City Council generally may establish procedural rules, including rules to identify the necessary vote requirement for the legislative body to take certain actions. For instance, while the City Charter (as 4-16 ATTACHMENT D well as general law) states that a majority of members of the City Council shall be required for the enactment of any ordinance or resolution, the Charter presently specifies that certain actions require more than a bare majority to take action. An example of a supermajority vote requirement presently in the Newport Beach Charter include the adoption of an urgency ordinance pursuant to Section 412. Thus, establishing the vote requirement for City Council action to place a local measure, especially one drafted and sponsored by the City Council (as opposed to a measure submitted by citizen petition), on the ballot is a "core" area of municipal concern. And, importantly, such a provision does not conflict with any applicable state law of statewide concern or the California Constitution. Statutory law applicable to general law cities, but not charter cities, prohibits any proposed general tax from being presented at an election unless the tax proposal is approved by a two -third vote of all members of the city's city council. See Govt. Code Section 53724(b). Under established case law, this statutory supermajority vote requirement is not applicable to Newport Beach as a charter city. General law also does not impose any specialized vote requirements on a city council presenting a special tax to the voters (i.e., state law only requires a majority vote of a city council to present special taxes). Thus, as it presently stands, the Newport Beach City Council need only obtain a majority vote to place taxes (whether special or general) before the voters (with the potential exception of transaction and use taxes, which require a 2/3 vote pursuant to Cal. Rev. & Tax Code Section 7285.9). The proposed Charter Amendment would: • Apply only to City Council sponsored tax proposals (not to the City Council's action to place citizen sponsored initiative measures on a ballot). • Apply to both general and special tax proposals, not just general tax proposals. • Apply to tax proposals that impose, extend or increase a tax, which under the California Constitution are deemed to be "taxes." • Require five (5) of seven (7) votes of the City Council to present a Council -sponsored tax measure to the voters. Pursuant to California Constitution Article 13C, Section 1(e), the proposed Charter Amendment would not apply to: • A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. • A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. • A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. • A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property. • A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law. • A charge imposed as a condition of property development. 4-17 ATTACHMENT D • Assessments and property -related fees imposed in accordance with the provisions of California Constitution Article XIII D. The proposed Charter Amendment does not alter constitutional requirements for voter approval. Presently, the constitution requires a majority vote to impose general taxes, a 2/3 vote to impose special taxes and a 55% vote to impose ad valorem property taxes to fund school facility bonds. This amendment does not alter the constitutional timing requirement for placing general taxes on a ballot (such taxes may only be placed on a ballot during an election where members of the governing body are on the ballot, unless by unanimous vote a council determines that there is an emergency need). Finally, this amendment does not alter the constitutional and statutory processes, including the requirements for hearings and notice. The attached Resolution calls a General Municipal Election on November 8, 2016, which the City will be calling regardless for the election of members of the City Council, and orders on the ballot at that election a proposed Charter Amendment. Pursuant to the Elections Code, Charter Amendments of this nature may only be placed on Statewide General or Primary Election ballots. This ballot measure satisfies those requirements. At a later date, the City Clerk will bring forward resolutions relating to (1) consolidating this election with the County -run general election, (2) authorizing any member of the City Council to author ballot arguments, (3) authorizing rebuttal arguments and (4) directing the City Attorney prepare an impartial analysis of the measure. As City Council Member Keith Curry suggested this Charter Amendment to the City Council, he has also asked that he be designated to draft the argument and rebuttal argument, if any, for this ballot measure. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Resolution 4-18 ATTACHMENT D ATTACHMENT A RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 8, 2016 AND ORDERING THE SUBMISSION OF A PROPOSED AMENDMENT TO THE CITY CHARTER TO THE ELECTORS, THE "NEWPORT BEACH TAXPAYER PROTECTION ACT" (MEASURE NO. — REQUIRE 5 OF 7 VOTES OF THE CITY COUNCIL TO PROPOSE TAXES) WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of California, Section 1000 of the Newport Beach City Charter, and Section 1415(a)(2) of the Elections Code of the State of California, the City Council of the City of Newport Beach ("City") desires to submit to the qualified electors a proposed amendment to the Charter that increases the vote requirement necessary for the City Council to present to the voters most City Council sponsored proposals that impose, increase or extend a tax, from the current majority vote (in most cases) to a vote of 5 of the total membership of the City Council; WHEREAS, the City Council of the City of Newport Beach is authorized by the California Constitution, Section 1000 of the Newport Beach City Charter, and by State statute to submit this proposed amendment to the Newport Beach City Charter to the qualified electors of the City at a general municipal election to be held the same date as the November 8, 2016 statewide general election; and WHEREAS, under the provisions of Article X, Section 1000, of the Charter of the City of Newport Beach, a general municipal election shall be held on November 8, 2016 for the election of municipal officers and for such other purposes as the City Council may prescribe, to wit the placement of amendments to the City Charter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: Pursuant to Section 3 of Article XI of the California Constitution, Section 1000 of the Newport Beach City Charter and Section 1415(a)(2) of the Elections Code of the State of California, there is called and ordered to be held in the City of Newport Beach on Tuesday, November 8, 2016, a general municipal election for the purpose of submitting the following proposed Charter Amendment measure to the qualified voters of the City: The full text of the proposed Charter Amendment measure (with additions to and deletions from the current Charter text indicated thereon) is set forth on Exhibit 1 attached hereto and incorporated herein by this reference as if set forth in full. 4-19 ATTACHMENT D Said proposed Charter Amendment measure shall appear upon the ballots for said municipal election in substantially the following form: MEASURE-- Yes REQUIRE 5 OF 7 VOTES OF THE CITY COUNCIL TO PROPOSE TAXES. Shall Section 1115 be added to the Newport Beach City Charter to require at least five votes of the total City Council membership in order to place City Council sponsored general or special tax No proposals on a ballot for voter consideration? SECTION 2: The ballots to be used at the November 8, 2016 election shall be in a form and content required by law. SECTION 3: The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4: The polls shall be open at seven o'clock a.m. (7:00 a.m.) on the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 p.m.) of the same day when the polls shall be closed pursuant to California Elections Code Section 10242, except as provided in California Elections Code Section 14401. SECTION 5: In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6: Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7: 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 26th day of May, 2015. Edward D. Selich Mayor ATTEST: Leilani I. Brown City Clerk 4-20 ATTACHMENT D Exhibit 1 to City Council Resolution Regarding Charter Amendment to Require 5 of 7 Votes of the City Council to Propose Taxes CHARTER AMENDMENT MEASURE NO. SECTION 1: TEXT OF AMENDMENT TO NEWPORT BEACH CITY CHARTER The City Charter of the City of Newport Beach is hereby amended as follows (underlining showing additions and strike through showing deletions): Section 1115. Citv Council Sponsored Tax Proaosals — 5 of 7 Vote Reauirement Notwithstanding any conflicting provision of this Charter, no City Council sponsored proposal to impose, extend, or increase a tax shall be presented at an election unless the ordinance or resolution proposing to impose, extend, or increase such tax is approved by at least five (5) of seven (7) votes of the City Council. As used in this section, the term "tax" shall mean both a "general tax" and a "special tax" as defined in Article XI I IC, Section 1, subdivisions U and (d), respectively, of the California Constitution. SECTION 2: BALLOT DESCRIPTION As provided in Government Code section 34458.5, the following ballot description is included in this proposed Charter Amendment measure: CHARTER AMENDMENT (Section 1115): This Charter Amendment measure would amend the City Charter to add Section 1115. Proposed Section 1115 would require any tax proposal sponsored by the City Council that imposes, extends or increases a tax to be approved by at least five (5) of seven (7) votes of the City Council to be presented to the voters at an election, whereas presently only a majority vote of the City Council is required to place most tax measures on the ballot for voter consideration. The term "tax" in proposed Section 1115 means both "general" and "special" taxes as defined in Article XIIIC of the California Constitution. A "general tax" is defined in the California Constitution as a tax imposed for general governmental purposes. A "special tax" is defined in the California Constitution as a tax imposed for specific purposes, including a tax imposed for a specific purpose which is placed into a general fund. This amendment does not give the City Council power to raise its compensation or that of other City officials without voter approval. SECTION 3: SEVERABILITY It is the intent of the people that the provisions of this Charter Amendment measure are severable and that if any provision of this Charter Amendment measure, or the application thereof to any person or circumstance, is held invalid such invalidity shall not 4-21 ATTACHMENT D affect any other provision or application of this Charter Amendment measure which can be given effect without the invalid provision or application. In the event this Charter Amendment measure and another measure or measures relating to City Council vote approval requirements for the matters described herein shall appear on the same general municipal election ballot, the other measure or measure shall be deemed to be in conflict with this Charter Amendment measure. In the event that this Charter Amendment measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure or measures shall be null and void. If this Charter Amendment measure is approved by the voters but superseded in whole or in part by any other conflicting measure approved by the voters at the same election, and such other conflicting measure is later found held invalid, this measure shall be self- executing and given full force and effect. SECTION 5: EFFECTIVE DATE This Charter Amendment measure shall become effective in the manner allowed by law. 4-22 ATTACHMENT E RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 FOR THE PURPOSE OF SUBMITTING A PROPOSED CHARTER AMENDMENT 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 a proposed Charter Amendment to the voters; WHEREAS, the City Council of the City of Newport Beach, California, called a General Municipal Election to be held on Tuesday, November 8, 2016, for the purpose of submitting a proposed Charter Amendment to the voters; WHEREAS, California Elections Code Sections 10400 et seq. authorize a municipality to consolidate its election with a statewide election to be held on the same day; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same; the County Election Department of the County of Orange canvass the returns of the 4-23 Resolution No. 2016 - Page 2 of 3 General Municipal Election; and the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Pursuant to the requirements of California Elections Code Section 10403, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 8, 2016, for the purpose of submitting a Charter amendment. Section 2: That a measure is to appear on the ballot as follows: uIMMAW11:121 Yes Require 5 of 7 Votes Of The City Council To Propose Taxes Shall Section 1115 be added to the Newport Beach City Charter to require at least five votes of the total City Council No membership in order to place City Council sponsored general or special tax proposals on a ballot for voter consideration? Section 3: The County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide election. 4-24 Resolution No. 2016 - Page 3 of 3 Section 4: The Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. Section 5: The City of Newport Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. Section 6: The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange. Section 7: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 8: 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 9: This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. 4-25 Resolution No. 2016 - Page 4 of 3 PASSED, APPROVED AND ADOPTED this 14th day of June, 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk 4-26 ATTACHMENT F RESOLUTION NO. 2016- 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 8, 2016, at which there will be submitted to the voters the following measure: MEASURE Yes Require 5 of 7 Votes Of The City Council To Propose Taxes Shall Section 1115 be added to the Newport Beach City Charter to require at least five votes of the total City Council No membership in order to place City Council sponsored general or special tax proposals on a ballot for voter consideration? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1: That the City Council authorizes the following City Council Member(s) of its body: Keith Curry (Council Member in Favor) (Council Member Against), (Council Member in Favor) (Council Member Against), (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 4-27 Resolution No. 2016 - Page 2 of 3 California Elections Code. 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: 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 4-28 Resolution No. 2016 - Page 3 of 3 Section 5: This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the rResolution. PASSED, APPROVED AND ADOPTED this 14th day of June, 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk 4-29 ATTACHMENT G RESOLUTION NO. 2016- 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 8, 2016, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9285 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 California Elections Code Section 9282(b). NOW, THEREFORE, THE CITY 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. 4-30 Resolution No. 2016 - Page 2 of 3 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 two hundred fifty (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 General Municipal Election to be held on Tuesday, November 8, 2016. Section 4: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 5: 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 4-31 Resolution No. 2016 - Page 3 of 3 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 6: This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. PASSED, APPROVED AND ADOPTED this 14th day of June, 2016. Diane B. Dixon Mayor ATTEST: Leilani I. Brown City Clerk 4-32