HomeMy WebLinkAbout2016-72 - 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 9285RESOLUTION 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
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.
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.
Resolution No. 2016-72
Page 2 of 3
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 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.
Resolution No. 2016-72
Page 3 of 3
PASSED, APPROVED AND ADOPTED this 9w day of August, 2016.
ATTEST:
Leilani I. Brown
City Clerk
(W-
Diane
B. Dixon
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; that the foregoing resolution, being Resolution
No. 2016-72 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 9th day of August, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
ABSTAIN: Council Member Curry
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 101h day of August, 2016.
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)