HomeMy WebLinkAbout2010-80 - Rebuttal Arguments - 11-2-10RESOLUTION NO. 2010 -80
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 2, 2010 PURSUANT TO CALIFORNIA
ELECTIONS CODE SECTION 9285
WHEREAS, pursuant to authority provided by Article XI of the California
Constitution, Title 4, Division 2, Chapter 2 of the California Government Code and
Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the California Elections
Code, the City Council of the City of Newport Beach is authorized to submit proposed
Charter amendments to the voters as a ballot measure; and
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 Section 9282(b).
NOW, THEREFORE, THE 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, 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.
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 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 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 municipal election to be held on Tuesday, November 2, 2010.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on this 6th day of July, 2010.
Keith D. Curry
Mayor
ATTEST;
Leilani I. Brown
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2010 -80 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 6th day of
July, 2010, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Selich, Rosansky, Henn, Webb, Gardner, Mayor Curry
Noes: None
Absent: Daigle
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 7th day of July, 2010.
NO-
City Clerk
Newport Beach, California
(Seal)