HomeMy WebLinkAbout07 - Calling the November 3, 2020 General Municipal Election - Proposed Charter AmendmentQ �EwPpRT
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<,FORN'P City Council Staff Report
May 12, 2020
Agenda Item No. 7
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 3, 2020 General Municipal Election —
Proposed Charter Amendment
/_1 16"t I:7_T91 6
The City Council voted on June 11, 2019 to move forward with a proposed City Charter
amendment to make the Harbor Commission a part of the City Charter for the November
3, 2020 ballot. The effect of placing the Harbor Commission into the City Charter is that
any amendments to the Harbor Commission would require a vote by the electorate.
RECOMMENDATION:
a) 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;
b) Adopt Resolution No. 2020-47, 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 3, 2020, for the Submission of a Proposed Charter
Amendment;
c) Adopt Resolution No. 2020-48, 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 3, 2020,
with the Statewide Primary Election to be Held on the Same Date Pursuant to
California Elections Code Section 10403 for the Purpose of Submitting a Proposed
Charter Amendment;
d) Adopt Resolution 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;
e) Adopt Resolution 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; and
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Calling the November 3, 2020 General Municipal Election —
Proposed Charter Amendment
May 12, 2020
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f) Designate Mayor Will O'Neill, Mayor Pro Tem Brad Avery, and Council Member Duffy
Duffield to draft a Direct Argument for the ballot measure and any Rebuttal Argument,
if needed.
FUNDING REQUIREMENTS:
Funding has been budgeted to conduct the November 3, 2020 General Municipal
Election.
DISCUSSION:
The Harbor Commission was established by Ordinance No. 2001-25 on January 8, 2002,
to provide the City with an advisory body to represent the diverse uses of the Newport
Harbor and its waterfront. On September 10, 2013, the ordinance was repealed by
Ordinance No. 2013-14 to amend the Harbor Commission's purpose and responsibilities
to include references to the Tidelands Capital Plan, including the specific items in that
plan, which the Harbor Commission may review and offer advice to the City Council.
At the May 28, 2019 City Council meeting, Council Member Duffield requested a future
agenda item to see if there were at least three Council Members who desired to make the
Harbor Commission a part of the City Charter. The City Council unanimously agreed, on
June 11, 2019, to move forward with bringing the proposed City Charter amendment on
the November 3, 2020 ballot. The effect of placing the Harbor Commission into the City
Charter is that any amendments to the Harbor Commission would require a vote by the
electorate.
Attachment A calls a General Municipal Election on November 3, 2020, which the City
will be calling for the election of members of the City Council and orders a proposed
Charter Amendment on the ballot at that election.
Attachment B 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 C 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 Monday, May 18, 2020
be fixed as the deadline for the submittal of the impartial analysis and Tuesday,
May 26, 2020 be fixed as the deadline for the submittal of direct arguments. Direct
arguments may not exceed 300 words in length.
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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 Tuesday, May 19, 2020, and end on Thursday, May 28, 2020. The
examination period for the direct arguments shall commence on Wednesday, May 27,
2020, and end on Friday, June 5, 2020.
Filing of Rebuttal Arguments
Rebuttal arguments must be filed not more than 10 -days after the deadline for filing direct
arguments, or Friday, June 5, 2020, 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 Saturday, June 6, 2020,
and ending on Monday, June 15, 2020.
The Resolution relative to rebuttal arguments is attached as Attachment D.
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:
Attachment A
— Resolution No. 2020-47: Calling Election
Attachment B
— Resolution No. 2020-48: Requesting Consolidation
Attachment C
— Resolution No. 2020-49: Filing Written Arguments and Directing the City
Attorney to Prepare an Impartial Analysis
Attachment D
— Resolution No. 2020-50: Providing for the Filing of Rebuttal Arguments
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ATTACHMENT A
RESOLUTION NO. 2020-47
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 3, 2020, FOR
THE SUBMISSION OF A PROPOSED AMENDMENT TO
THE CITY CHARTER
WHEREAS, pursuant to the 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 California Elections Code, the City Council of the City of
Newport Beach desires to submit a proposed Charter amendment to the voters; and
WHEREAS, under the provisions of Section 1000 of the Newport Beach City
Charter, a General Municipal Election shall be held November 3, 2020, for the election of
municipal officers and for other such purposes as the City Council may prescribe.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER 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 California
Elections Code, there is called and ordered to be held in the City of Newport Beach on
Tuesday, November 3, 2020, a General Municipal Election for the purpose of submitting
the following proposed Charter Amendment:
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?
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Resolution No. 2020 -
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Section 2: The text of the Charter Amendment submitted to the voters is
attached as Exhibit 1.
Section 3: The vote requirement for the measure to pass is a majority (50% +1)
of the votes cast.
Section 4: The ballots to be used at the election shall be in form and content as
required by law.
Section 5: 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 to properly and lawfully conduct the election.
Section 6: Pursuant to Senate Bill 450, Vote Centers and Ballot Drop Boxes will
be open throughout Orange County as follows:
91 -Day Vote Centers:
• October 24 to October 30, 2020, from 8:00 a.m. to 5:00 p.m.
• October 31 to November 2, 2020, from 8:00 a.m. to 8:00 p.m.
• November 3, 2020, from 7:00 a.m. to 8:00 p.m.
4 -Day Vote Centers:
• October 31 to November 2, 2020, from 8:00 a.m. to 8:00 p.m.
• November 3, 2020, from 7:00 a.m. to 8:00 p.m.
9 -Day Pop -Up Centers.-
At
enters.At various locations throughout the County of Orange; dates, times, and
locations to be determined.
Ballot Drop Boxes
• Available 24 hours a day, seven days a week, starting October 5, 2020, until
November 3, 2020 at 8:00 p.m.
Section 7: In all particulars not recited in this resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
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Resolution No. 2020 -
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Section 8: 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 9: The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Section 10: The City Council authorizes the City Clerk to administer said election
and all reasonable and actual election expenses shall be paid by the City of Newport
Beach upon presentation of a properly submitted bill.
Section 11: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 12: 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 13: 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.
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Resolution No. 2020 -
Page 4 of 4
Section 14: 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.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 to the City Council Resolution Regarding Charter Amendment
to Add Section 713
7-7
Exhibit 1 to the City Council Resolution Regarding
Charter Amendment to Add Section 713
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):
Section 713. Harbor Commission.
There shall be a City Harbor Commission of seven members which shall have the power and
duty to:
La) Advise the City Council on all matters relating to proposed harbor improvements and
the use of Newport Harbor.
Lb) Advise the City Council on all matters pertaining to the use control, operation, promotion
and regulation of all vessels within Newport Harbor.
(c) Approve, conditionally approve, or disapprove applications on all permits where the City
of Newport Beach Municipal Code assigns the authority for the decision to the Harbor
Commission.
(d) Make recommendations to the City Council for the adoption of regulations and programs
necessary for the ongoing implementation of the goals, obeectives and policies of the Harbor
and Bay Element of the General Plan.
e Advise the City Council Planning Commission and City Manager on land use and
propertV development alications referred to the Harbor Commission bV the City Council,
Planning Commission, or the City Manager.
Serve as an appellate and reviewing body for decisions on permits and other harbor -
related administrative matters where the City of Newport Beach Municipal Code assigns such
authority to the Harbor Commission.
(q) Perform such other duties relating to Newport Harbor as the City Council may require
SECTION 2: BALLOT DESCRIPTION
As provided in Government Code section 34458.5, the following ballot description is included
in this proposed Charter Amendment measure:
W
CHARTER AMENDMENT (Section 713): This Charter Amendment measure would amend the
City Charter to add Section 713. As amended, Section 713 would establish the powers and
duties of the Harbor Commission and make the Harbor Commission a City Charter designated
Appointive Board and Commission. The Harbor Commission was created by the Newport
Beach City Council via an ordinance adopted in January 2002, to provide the City of Newport
Beach with an advisory body representing the diverse uses of Newport Harbor and its
waterfront. The Harbor Commission currently advises the City Council on all matters pertaining
to Newport Harbor, when requested, and has the power to approve, conditionally approve, or
disapprove applications on all permits assigned to the Harbor Commission pursuant to the
Newport Beach Municipal Code. The Harbor Commission currently serves as an appellate and
reviewing body for decisions on permits and other harbor -related administrative matters where
the City of Newport Beach Municipal Code assigns such authority to the Harbor Commission.
The Harbor Commission's current powers and duties are prescribed in Title 17 of the Newport
Beach Municipal Code, but this Charter amendment would formalize such powers and duties
in the City's Charter. This Charter Amendment does not give the City Council power to raise
its own compensation or the compensation 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 affect any other
provision or application of this Charter Amendment measure which can be given effect without
the invalid provision or application.
SECTION 4: CONFLICTING MEASURES
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.
7-9
ATTACHMENT B
RESOLUTION NO. 2020-48
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 3,
2020, WITH THE STATEWIDE GENERAL ELECTION TO
BE HELD ON THE SAME DATE PURSUANT TO
CALIFORNIA ELECTIONS CODE 10403 FOR THE
PURPOSE OF SUBMITTING A PROPOSED CHARTER
AMENDMENT
WHEREAS, pursuant to the 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 California Elections Code, the City Council of the City of
Newport Beach ("City") 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 3, 2020, for the purpose of
submitting a proposed Charter amendment to the voters;
WHEREAS, California Elections Code Section 10400 et seq. authorizes 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, vote center locations, ballot drop box locations, and election officers of the two
elections be the same; the County Elections 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 3, 2020, for the purpose of submitting a Charter
amendment.
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Resolution No. 2020 -
Page 2 of 3
Section 2: That a measure is to appear on the ballot as follows:
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?
Section 3: The County Election Department of the County of Orange 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
regarding the Statewide General Election.
Section 4: The Board of Supervisors of the County of Orange 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 of Orange by reason of this consolidation and agrees to reimburse
the County of Orange 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: 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
7-11
Resolution No. 2020 -
Page 3 of 3
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 9: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 10: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act (" CEQX) 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.
Section 11: 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.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ow`_ G••L�
Aaron C. Harp
City Attorney
7-12
ATTACHMENT C
RESOLUTION 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
ADDITION OF HARBOR COMMISSION TO THE
NEWPORT BEACH CITY CHARTER
Shall the Newport Beach City Charter be amended to add
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?
Yes
No
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)
Mayor Pro Tem Brad Avery (In Favor)
Council Member Duffy Duffield (In Favor)
(Against),
(Against),
(Against),
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Resolution No. 2020 -
Page 2 of 3
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.
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Resolution No. 2020 -
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.
Will O'Neill
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A 0.- C
Aaron C. Harp
City Attorney
7-15
ATTACHMENT D
RESOLUTION 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."
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Resolution No. 2020 -
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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.
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Resolution No. 2020 -
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.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
7-18