HomeMy WebLinkAbout2020-50 - 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 3, 2020, Pursuant to California Elections Code Section 9285RESOLUTION NO. 2020-50
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 3, 2020, 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 Office 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 the argument in favor
of the measure to the authors of the argument against the measure and a copy of the argument
against the measure to the authors of the argument in favor of the measure.
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."
esolution No 202D=5D—
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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 hereby repealed.
Section 3: The rebuttal provisions provided herein shall apply only to the General
Municipal Election to be held on Tuesday, November 3, 2020.
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: 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 6: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 7: 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. 2020-50
Page 3 of 3
Section 8: 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:
Leilani I. Brown
City Clerk (11
APPROVED AS TO FORM:
CITY A TORNEY'S OFFICE
C
AdroA C. Harp
City Attorney
Will O'Neill
Mayor
`FO RINi
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. 2020-50, 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.
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Leilani I. Brown
City Clerk
Newport Beach, California