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HomeMy WebLinkAbout2023-61 - Opposing Assembly Constitutional Amendment 13 (Voting Thresholds)RESOLUTION NO. 2023-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, OPPOSING ASSEMBLY CONSTITUTIONAL AMENDMENT 13 (VOTING THRESHOLDS) WHEREAS, since the adoption of the California Constitution in 1849, there has never been different thresholds for the approval of constitutional amendments based on the content of the amendment; WHEREAS, Assembly Constitutional Amendment 13 ("ACA 13") proposes to change the California Constitution to impose a higher vote threshold for certain types of amendments to the California Constitution proposed by citizens via a ballot initiative; WHEREAS, ACA 13 raises the voter approval requirement for those citizen - proposed ballot initiatives, making it more difficult to pass amendments to the California Constitution that would limit the ability to increase taxes; WHEREAS, ACA 13 is one sided because it places more stringent requirements for amendments to the California Constitution that have the effect of limiting the ability to raise taxes without imposing the same requirements on the legislature; WHEREAS, ACA 13 would prevent citizens from utilizing the initiative process to limit tax increases; WHEREAS, in 1978, California voters adopted Proposition 13 ("Proposition 13") to provide a check on local governments' taxing authority and to ensure a greater representative voice for those who would be taxed; WHEREAS, the City Council for the City of Newport Beach is dedicated to limiting the cost of government on the taxpayers of Newport Beach, and protecting the residents and businesses of Newport Beach from onerous fiscal actions by other levels of government which may impair our ability to protect our quality of life; and WHEREAS, the City Council opposes actions that would change or weaken the protections enshrined by Proposition 13. Resolution No. 2023-61 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby oppose Assembly Constitutional Amendment 13 because it increases the voter approval requirement for those citizen - proposed ballot initiatives that have the effect of limiting the ability to raise taxes, thereby weakening the protections safeguarded by Proposition 13. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: 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 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2023-61 Page 3 of 3 Section 5: 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 24th day of October, 2023. ATTEST: - In 1 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 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. 2023-61 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 24th day of October, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Joe Stapleton, Councilmember Erik Weigand NAYS: None ABSENT: Councilmember Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of October, 2023. Leilani I. Brown City Clerk Newport Beach, California