HomeMy WebLinkAbout2020-49 - Setting Priorities for Filing Written Arguments Regarding a City Measure and Directing the City Attorney to Prepare an Impartial AnalysisRESOLUTION NO. 2020-49
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, in accordance with Article 4, Chapter 3, Division 9 of the California
Elections Code, the City Council of the City of Newport Beach may file a written argument
for or against any city measure; and
WHEREAS, a General Municipal Election is to be held in the City of Newport
Beach, California, on Tuesday, November 3, 2020, at which there will be submitted to the
voters the following measure:
MEASURE
Yes
ADDITION OF HARBOR COMMISSION TO THE
NEWPORT BEACH CITY CHARTER
Shall the Newport Beach City Charter be amended to add No
Section 713 to the City Charter, establishing the powers and
duties of the Harbor Commission and making the Harbor
Commission a City Charter designated Appointive Board and
Commission?
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:
Mayor Will O'Neill (In Favor) (Against),
Mayor Pro Tem Brad Avery_ (In Favor) (Against),
Council Member Duffy Duffield (In Favor) (Against),
Resolution No. 2020-49
Page 2of3
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 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 The arguments may be changed or withdrawn until and including the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 Elections 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: 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 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 6: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Section 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. 2020-49
Page 3 of 3
Section 7: 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 12th day of May, 2020.
ATTEST:
Lei ani I. Brown
City Clerk U
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
W C— C,
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. 2020-49, was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 12th day of May, 2020; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h of May, 2020.
i
Leilani I. Brown
City Clerk
Newport Beach, California