HomeMy WebLinkAbout20 - Calling the November 8, 2016 General Municipal Election — Ballot Measure (continued from the July 26, 2016 City Council meeting)P- CITY OF
T NEWPORT BEACH
FoP City Council Staff Report
August 9, 2016
Agenda Item No. 20
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 8, 2016 General Municipal Election — Ballot
Measure (continued from the July 26, 2016 City Council meeting)
On July 26, 2016, the City Council continued this item to the August 9t" meeting to allow
staff time to prepare a City Charter section, amended ballot question and supporting
resolutions related to the use of certain financial obligations. Specifically, the City
Council directed the "Newport Beach Taxpayer Protection Act" be amended to close a
loophole that allows the City Council or third parties to issue Certificates of Participation
and other financial instruments secured by City of Newport Beach (City) lease revenue.
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 the following Resolutions pertaining to the General Municipal Election
scheduled for Tuesday, November 8, 2016, pursuant to City Charter Section 1000-
1) Adopt Resolution No. 2016-105, A Resolution of the City Council of the City of
Newport Beach Calling and Giving Notice of the Holding of a General Municipal
Election to be Held on Tuesday, November 8, 2016, and Ordering the
Submission of Proposed Amendments to the City Charter to the Electors, the
"Newport Beach Taxpayer Protection Act,`
2) Adopt Resolution No. 2016-106, 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 8, 2016, with the Statewide General Election to be Held on the Same
Date Pursuant to California Elections Code Section 10403 for the Purpose of
Submitting a Proposed Charter Amendment,
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Calling the November 8, 2016 General Municipal Election — Ballot Measure
August 9, 2016
Page 2
3) Adopt Resolution No. 2016-107, A Resolution of the City Council of the City of
Newport Beach, California, Setting Priorities for Filing Written Arguments
Regarding City Measures, and Directing the City Attorney to Prepare an Impartial
Analysis;
4) Adopt Resolution No. 2016-108, 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 Voters at the General Municipal Election to be Held
on Tuesday, November 8, 2016, Pursuant to California Elections Code Section
9285; and
c) Designate a maximum of three City Council Members to draft a Direct Argument for
the ballot measure and any Rebuttal Argument, if needed.
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d) Adopt one of the options presented in the July 26, 2016 staff report, attached hereto.
FUNDING REQUIREMENTS:
Funding has been budgeted to conduct the November 8, 2016 General Municipal
Election.
DISCUSSION:
Public agencies, including the City, are limited under State law regarding the amount of
debt they may occur without prior voter approval. In response to this debt limitation,
public agencies have used Certificates of Participation and Lease Revenue Bonds to
raise funds to finance certain improvements. Certificates of Participation and Lease
Revenue Bonds are funded and secured through the payment of lease revenue by the
City (i.e., the City pledges a stream of revenue derived from a lease to the certificate
holder). Certificates of Participation and Lease Revenue Bonds secured under a lease
constitute a current expense of the City, are not secured through taxation, and are not
categorized as "debt." Thus, the City may issue Certificates of Participation and Lease
Revenue Bonds without a vote of the people to construct public projects, like the Civic
Center. The proposed City Charter section would require an affirmative vote of five of
the seven City Council Members and a majority vote of the electorate prior to the
issuance of Certificates of Participation and Lease Revenue Bonds. City staff consulted
with the City's outside bond counsel to draft the proposed Charter amendment.
The July 26, 2016 staff report for this continued item is attached. However, because
this item was continued from the last meeting the following election deadlines have
been revised:
(1) Friday, August 12, 2016 is fixed as the deadline for the submittal of the impartial
analysis;
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Calling the November 8, 2016 General Municipal Election — Ballot Measure
August 9, 2016
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(2) Friday, August 19, 2016 is fixed as the deadline for the submittal of direct
arguments;
(3) The examination period for the impartial argument shall commence on Saturday,
August 13, 2016, and end on Monday, August 22, 2016;
(4) The examination period for the direct arguments shall commence on Saturday,
August 20, 2016, and end on Monday, August 29, 2016;
(5) Rebuttal arguments must be filed not more than 10 -days after the deadline for
filing direct arguments, or Monday, August 29, 2016; and
(6) Any rebuttal arguments will be made available in the City Clerk's Office for public
examination during the 10 -calendar day period commencing on Tuesday, August 30,
2016, and ending on Thursday, September 8, 2016.
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. 2016-105 - Calling the Election
Attachment B -
Resolution No. 2016-106 - Requesting Consolidation
Attachment C -
Resolution No. 2016-107 - Written Arguments and Impartial Analysis
Attachment D -
Resolution No. 2016-108 - Rebuttal Arguments
Attachment E -
July 26, 2016 Staff Report and Attachments
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ATTACHMENT A
RESOLUTION NO. 2016-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY NOVEMBER 8, 2016, AND ORDERING THE SUBMISSION
OF A PROPOSED AMENDMENT TO THE CITY CHARTER TO THE
ELECTORS, THE "NEWPORT BEACH TAXPAYER PROTECTION
ACT"
WHEREAS, pursuant to 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 Elections Code of the State of California, the City Council of the
City of Newport Beach ("City") desires to submit to the qualified electors a proposed
amendment to the Charter that increases the vote requirement necessary for the City Council
to present to the voters most City Council sponsored proposals that impose, increase or
extend a tax, from the current majority vote (in most cases) to a vote of five of the total
membership of the City Council;
WHEREAS, on May 26, 2015, the City Council of the City of Newport Beach adopted
Resolution No. 2015-44 with the intention of placing this Charter Amendment measure before
the voters at the November 8, 2016 General Election;
WHEREAS, the City Council of the City of Newport Beach values the input, opinions,
and collaborative process provided by its residents and appointed officials;
WHEREAS, the City Council of the City of Newport Beach desires to amend the ballot
question in Resolution No. 2015-44 to ask the voters to amend the Charter to add a
requirement that at least five members of the City Council and a majority of the voters
approve any Certificate of Participation and Lease Revenue Bond offering greater than $10
million;
WHEREAS, the City Council of the City of Newport Beach is authorized by the
California Constitution, Section 1000 of the Newport Beach City Charter, and by State statute
to submit this proposed amendment to the Newport Beach City Charter to the qualified
electors of the City at a general municipal election to be held the same date as the November
8, 2016 statewide general election; and
WHEREAS, under the provisions of Article X, Section 1000, of the Charter of the City
of Newport Beach, a general municipal election shall be held on November 8, 2016 for the
election of municipal officers and for such other purposes as the City Council may prescribe,
to wit the placement of amendments to the City Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
DOES HEREBY RESOLVE AS FOLLOWS:
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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 Elections Code of the
State of California, there is called and ordered to be held in the City of Newport Beach on
Tuesday, November 8, 2016, a general municipal election for the purpose of submitting the
following proposed Charter Amendment measure to the qualified voters of the City:
The full text of the proposed Charter Amendment measure (with additions to and
deletions from the current Charter text indicated thereon) is set forth on Exhibit 1 attached
hereto and incorporated herein by this reference as if set forth in full.
Said proposed Charter Amendment measure shall appear upon the ballots for said
municipal election in substantially the following form:
MEASURE
Yes
INCREASE VOTES NEEDED TO PROPOSE
TAXES AND ISSUE FINANCIAL
OBLIGATIONS.
Shall Section 1115 and Section 1117 be added
No
to the Newport Beach City Charter to require at
least five of seven votes of the City Council to
place either: Certificates of Participation and
Lease Revenue Bonds greater than $10 million;
and/or City Council sponsored tax proposals on
a ballot for voter consideration?
Section 2: The ballots to be used at the November 8, 2016 election shall be in a
form and content required by law.
Section 3: The City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 4: The polls shall be open at seven o'clock a.m. (7:00 a.m.) on the day of
the election and shall remain open continuously from that time until eight o'clock p.m.
(8:00 p.m.) of the same day when the polls shall be closed pursuant to California Elections
Code Section 10242, except as provided in California Elections Code Section 14401.
Section 5: In all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections. Resolution No. 2015-44 is
repealed and replaced by this resolution.
Section 6: 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.
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Section 7: The City Council find 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, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
Section 8: 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 9t" day of August, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
Attachment: Exhibit 1
WA
Exhibit 1 to City Council Resolution Regarding
Charter Amendment to
Increase Vote Requirement to Propose Taxes and Issue Financial Obligations
CHARTER AMENDMENT MEASURE NO.
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 and stFi e thfin showing deletions):
Section 1115. Citv Council Sponsored Tax Proposals — 5 of 7 Vote Reauirement.
Notwithstanding any conflicting provision of this Charter, no City Council sponsored proposal
to impose, extend, or increase a tax shall be presented at an election unless the ordinance or
resolution proposing to impose, extend, or increase such tax is approved by at least five (5)
of seven (7) votes of the City Council. As used in this section, the term "tax" shall mean both
a "aeneral tax" and a "special tax" as defined in Article XIIIC. Section 1. subdivisions (a) and
(d), respectively, of the California Constitution.
Section 1117. Certificates of Participation — Lease Revenue Bonds—Vote Requirement.
(a) The City shall not enter into a lease which will secure a Certificate of Participation or
Lease Revenue Bond or have a trustee, fiscal agent or third party execute or deliver a
Certificate of Participation secured by lease payments or issue a Lease Revenue Bond, in
excess of $10 million, without obtaining authorization to do so by a majority vote of the
electorate at a general or special election. Five (5) of seven (7) Council Members must vote
to Dlace the authorization reauest on the ballot.
(b) The City is prohibited from entering into multiple leases or segmenting a project into
smaller parts to avoid the requirements set forth in this section.
(c) For purposes of this section, the following terms shall be defined as follows: (1) "City"
shall mean the City Council or any entity created, controlled, or managed by the City of
Newport Beach; (2) "Certificate of Participation" shall mean a financial instrument that
provides an investor a share of, or interest in, lease revenue; and (3) "Lease Revenue Bond"
shall mean a bond, note or other financial instrument secured by lease Davments.
fAL This section shall not apply to the refinancing of existing debt.
SECTION 2: BALLOT DESCRIPTION
As provided in Government Code section 34458.5, the following ballot description is included
in this proposed Charter Amendment measure -
20 -7
CHARTER AMENDMENT (Sections 1115 and 1117): This Charter Amendment measure
would amend the City Charter to add Section 1115 and Section 1117. Proposed
Section 1115 would require any tax proposal sponsored by the City Council that imposes,
extends or increases a tax to be approved by at least five (5) of seven (7) votes of the City
Council to be presented to the voters at an election, whereas presently only a majority vote of
the City Council is required to place most tax measures on the ballot for voter consideration.
The term "tax" in proposed Section 1115 means both "general" and "special" taxes as defined
in Article XIIIC of the California Constitution. A "general tax" is defined in the California
Constitution as a tax imposed for general governmental purposes. A "special tax" is defined
in the California Constitution as a tax imposed for specific purposes, including a tax imposed
for a specific purpose which is placed into a general fund. Proposed Section 1117 would
require any Certificate of Participation or Lease Revenue Bond issuance greater than $10
million to be approved by at least five (5) of seven (7) votes of the City Council and then by a
majority of the voters at an election. Presently, only a majority vote of the City Council is
required to issue a Certificate of Participation or Lease Revenue Bond and there is no
requirement that the proposed issuance be presented to the voters. "Certificate of
Participation" is defined as a financial instrument that provides an investor a share of, or
interest in, lease revenue. A "Lease Revenue Bond" is defined as a bond, note or other
financial instrument secured by lease payments. This amendment does not give the City
Council power to raise its compensation or that 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.
190M
ATTACHMENT B
RESOLUTION NO. 2016-106
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 8,
2016, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON
THE SAME DATE PURSUANT TO CALIFORNIA ELECTIONS CODE
SECTION 10403 FOR THE PURPOSE OF SUBMITTING A PROPOSED
CHARTER AMENDMENT
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 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 8, 2016, for the purpose of
submitting a proposed Charter Amendment to the voters;
WHEREAS, California Elections Code Sections 10400 et seq. authorize 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, polling places, and election officers of the two elections be the same; the County
Election 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:
N
Resolution No. 2016-106
Page 2 of 3
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 8, 2016, for the purpose of submitting a Charter
amendment.
Section 2: That a measure is to appear on the ballot as follows:
MEASURE
INCREASE VOTES NEEDED TO PROPOSE TAXES AND Yes
ISSUE FINANCIAL OBLIGATIONS.
Shall Section 1115 and Section 1117 be added to the Newport
Beach City Charter to require at least five of seven votes of the
City Council to place either: Certificates of Participation and No
Lease Revenue Bonds greater than $10 million; and/or City
Council sponsored tax proposals on a ballot for voter
consideration?
Section 3: The County Election Department 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 regulating the Statewide election.
Section 4: The Board of Supervisors 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 by reason of this consolidation and agrees to reimburse the County
for any costs.
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Resolution No. 2016-106
Page 3 of 3
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: 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, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
Section 9: This resolution shall take effect immediately upon adoption by the City
Council, and the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED AND ADOPTED this 9t" day of August, 2016.
Diane B. Dixon
Mayor
Leilani I. Brown
City Clerk
20-11
ATTACHMENT C
RESOLUTION NO. 2016-107
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, a General Municipal Election is to be held in the City of Newport
Beach, California, on Tuesday, November 8, 2016, at which there will be submitted to
the voters the following measure:
MEASURE
INCREASE VOTES NEEDED TO PROPOSE TAXES AND
ISSUE FINANCIAL OBLIGATIONS.
Shall Section 1115 and Section 1117 be added to the Newport
Beach City Charter to require at least five of seven votes of the
City Council to place either: Certificates of Participation and
Lease Revenue Bonds greater than $10 million; and/or City
Council sponsored tax proposals on a ballot for voter
consideration?
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:
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member Against),
(Council Member Against),
(Council Member Against),
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Resolution No. 2016-107
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 Election
146TOMOTRarei OM:111
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: 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, Chapter 3,
20-13
Resolution No. 2016-107
Page 3 of 3
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
Section 5: This resolution shall take effect immediately upon adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED AND ADOPTED this 9t" day of August, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
20-14
ATTACHMENT D
RESOLUTION NO. 2016-108
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 8, 2016, 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 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.
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.
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Resolution No. 2016-108
Page 2 of 3
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."
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
General Municipal Election to be held on Tuesday, November 8, 2016.
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: 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, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
Section 6: This resolution shall take effect immediately upon adoption by the City
Council, and the City Clerk shall certify the vote adopting the resolution.
20-16
Resolution No. 2016-108
Page 3 of 3
PASSED, APPROVED AND ADOPTED this 9t" day of August, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
20-17
Q �EwPpRr
TO:
FROM
ATTACHMENT E
CITY OF
NEWPORT BEACH
City Council Staff Report
PREPARED BY:
TITLE:
ABSTRACT:
July 26, 2016
Agenda Item No. 18
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Dave Kiff, City Manager - 949-644-3001,
dkiff@newportbeachca.gov
Leilani I. Brown, City Clerk- 949-644-3005,
(brown@newportbeachca.gov
Leilani I. Brown, City Clerk
Direction Regarding Resolution No. 2015-44 Related to the
Previously Proposed City Charter Amendment
Resolution No. 2015-44 called for a General Municipal Election to be held on
November 8, 2016 to place a City of Newport Beach (City) Charter Amendment on the
ballot adding City Charter Section 1115, entitled "City Council Sponsored Tax Proposals
- 5 of 7 Vote Requirement." At the June 14, 2016 City Council meeting, the City Council
directed the proposed City Charter Amendment be forwarded to the City's Finance
Committee for further study and recommendation. The City Manager asked for this item
to return at this time because the Finance Committee will not have an opportunity to
review the proposed City Charter Amendment prior to the August 12, 2016 election
deadline to amend, rescind, or proceed with the proposed City Charter Amendment in
Resolution No. 2015-44.
RECOMMENDATION:
a) Determine this 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 this action will not result in a physical change to the environment, directly or
indirectly; and
b) Adopt Resolution No. 2016-96, A Resolution of the City Council of the City of
Newport Beach, California, Rescinding Resolution No. 2015-44 which Called and
Gave Notice of the Holding of a General Municipal Election to be Held on Tuesday,
November 8, 2016, and Ordered the Submission of a Proposed Amendment to the
City Charter to the Electors, the "Newport Beach Taxpayer Protection Act" (Measure
- Require 5 of 7 Votes of the City Council to Propose Taxes);
Kii
20-18
Resolution No. 2015-44 Related to the Previously Proposed City Charter Amendment
July 26, 2016
Page 2
c) Determine this 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 this action will not result in a physical change to the environment, directly or
indirectly; and
d) Adopt Resolution No. 2016-97, A Resolution of the City Council of the City of
Newport Beach, California, Amending Resolution No. 2015-44 to Call and Give
Notice of the Holding of a General Municipal Election to be Held on Tuesday
November 6, 2018 and Ordering the Submission of a Proposed Amendment to the
City Charter to the Electors, the "Newport Beach Taxpayer Protection Act" (Measure
No. — Require 5 of 7 Votes of the City Council to Propose Taxes);
e) Adopt the following resolutions pertaining to the General Municipal Election
scheduled for Tuesday, November 8, 2016, pursuant to City Charter Section 1000,
as presented in the June 14, 2016 staff report:
1) Adopt Resolution No. 2016-70, 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 8, 2016, with the Statewide General Election to be Held on the Same
Date Pursuant to California Elections Code Section 10403 for the Purpose of
Submitting a Proposed Charter Amendment;
2) Adopt Resolution No. 2016-71, A Resolution of the City Council of the City of
Newport Beach, California, Setting Priorities for Filing Written Arguments
Regarding City Measures, and Directing the City Attorney to Prepare an Impartial
Analysis;
3) Adopt Resolution No. 2016-72, 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 Voters at the General Municipal Election to be Held
on Tuesday, November 8, 2016, Pursuant to California Elections Code Section
9285;
f) Designate up to three City Council Members to draft a Direct Argument for the ballot
measure and any Rebuttal Argument, if needed; and
g) 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.
20-19
Resolution No. 2015-44 Related to the Previously Proposed City Charter Amendment
July 26, 2016
Page 3
FUNDING REQUIREMENT:
Funding has been budgeted to conduct the November 8, 2016 General Municipal
Election.
DISCUSSION:
This staff report was generated at the request of the City Manager to make a
determination relative to the status of the proposed City Charter Amendment.
On May 26, 2015, the City Council adopted Resolution No. 2015-44 (Attachment A) to
place a City Charter Amendment on the November 8, 2016 General Municipal Election
ballot adding City Charter Section 1115, entitled "City Council Sponsored Tax Proposals
- 5 of 7 Vote Requirement." The amendment was also known as and self -titled the
"Newport Beach Taxpayer Protection Act." The May 26, 2015 staff report is attached as
Attachment B.
At the June 14, 2016 City Council meeting, the City Council voted 4-3 (Council
Members Curry, Selich and Petros dissented) to refer the proposed City Charter
Amendment to the Finance Committee for further study. The Finance Committee has
not had an opportunity to review the proposed City Charter Amendment and, according
to the City Manager, the Finance Committee will not review the City Charter
Amendment prior to the August 12, 2016 election deadline. Thus, the City Council has
three options: (1) rescind Resolution No. 2015-44, which would table the proposed City
Charter Amendment (Attachment C); (2) amend Resolution No. 2015-44 to allow for it to
be submitted at the 2018 General Election (Attachment D); or (3) submit the proposed
City Charter Amendment to the voters without a recommendation from the Finance
Committee (Attachment E). Both options one and two allow the Finance Committee
additional time to complete their review of the proposed City Charter Amendment and
report back to the City Council. If the City Council moves forward with option three, the
City Council also needs to consolidate the election with the County and designate up to
three City Council Members to draft the Direct Argument and any Rebuttal Argument, if
needed, for the proposed City Charter Amendment.
City Attorney Impartial Analysis and Filing of Direct Arguments (If Option 3 is
selected)
Resolution No. 2016-71 (part of Attachment E) directs the City Attorney to prepare an
impartial analysis of the ballot measure showing the effect of the proposed City 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
Registrar of Voters, and the mandated 10 -day public examination period of arguments
must be taken into consideration. Therefore, the City Clerk is recommending that
20-20
Resolution No. 2015-44 Related to the Previously Proposed City Charter Amendment
July 26, 2016
Page 4
Tuesday, August 2, 2016 be fixed as the deadline for the submittal of the impartial
analysis and Monday, August 8, 2016 be fixed as the deadline for the submittal of direct
arguments. Direct arguments may not exceed 300 words in length.
Pursuant to Elections Code Section 9295, 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 Wednesday, August 3, 2016, and end on Friday, August 12, 2016. The
examination period for the direct arguments shall commence on Tuesday, August 9,
2016, and end on Thursday, August 18, 2016.
Filing of Rebuttal Arguments (if Option 3 is selected)
Rebuttal arguments must be filed not more than 10 -days after the deadline for filing
direct arguments or Thursday, August 18, 2016, 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 Friday, August 19,
2016, and ending on Monday, August 29, 2016.
The Resolution relative to rebuttal arguments is Resolution No. 2016-72 (part of
Attachment E).
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find none of the three recommendations are 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 the recommendations have 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).
ATTACHMENT:
Attachment A
- Resolution No. 2015-44
Attachment B
- May 26, 2015 Staff Report
Attachment C
- Resolution No. 2016-96 - Rescinding Resolution No. 2015-44
Attachment D
- Resolution No. 2016-97 - Modifying Resolution No. 2015-44
Attachment E
- June 14, 2016 Staff Report and Related Resolutions
20-21
JULY 26 STAFF REPORT ATTACHMENT A
RESOLUTION NO. 2015-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH', CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY NOVEMBER 8, 2016 AND ORDERING THE SUBMISSION
OF A PROPOSED AMENDMENT TO THE CITY CHARTER TO THE
ELECTORS, THE "NEWPORT BEACH TAXPAYER PROTECTION
ACT" (MEASURE NO. — REQUIRE 5 OF 7 VOTES OF THE CITY
COUNCIL TO PROPOSE TAXES)
WHEREAS, pursuant to 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(x)(2) of the Elections Code of the State of California, the City Council of the
City of Newport Beach ("City") desires to submit to the qualified electors a proposed
amendment to the Charter that increases the vote requirement necessary for the City Council
to present to the voters most City Council sponsored proposals that impose, increase or
extend a tax, from the current majority vote (in most cases) to a vote of 5 of the total
membership of the City Council;
WHEREAS, the City Council of the City of Newport Beach is authorized by the
California Constitution, Section 1000 of the Newport Beach City Charter, and by State statute
to submit this proposed amendment to the Newport Beach City Charter to the qualified
electors of the Cfty at a general municipal election to be held the same date as the November
8, 2016 statewide general election; and
WHEREAS, under the provisions of Article X, Section 1000, of the Charter of the City
of Newport Beach, a general municipal election shall be held on November 8, 2016 for the
election of municipal officers and for such other purposes as the City Council may prescribe,
to wit the placement of amendments to the City Charter,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
DOES HEREBY RESOLVE 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 Elections Code of the
State of California, there is called and ordered to be held in the City of Newport Beach on
Tuesday, November 8, 2016, a general municipal election for the purpose of submitting the
following proposed Charter Amendment measure to the qualified voters of the City:
The full text of the proposed Charter Amendment measure (with additions to and
deletions from the current Charter text indicated thereon) is set forth on Exhibit 1 attached
hereto and incorporated herein by this reference as if set forth in full'.
Said proposed Charter Amendment measure shall appear upon the ballots for said
municipal election in substantially the following form_
20-22
MEASURE
Yes
REQUIRE 5 OF 7 VOTES OF THE CITY
COUNCIL TO PROPOSE TAXES. Shall
Section 1115 be added to the Newport Beach
No
City Charter to require at least five votes of the
total City Council membership in order to place
City Council sponsored general or special tax
proposals on a ballot for voter consideration?
SECTION 2: The ballots to be used at the November 8, 2016 election shall be in a
form and content required by law.
SECTION 3: The City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election,
SECTION 4: The polls shall be open at seven o'clock a -m. (7:00 a.rn,) on the day of
the election and shall remain open continuoLIsly from that time until eight o'clock p.m.
(8:00 p.m.) of the same day when the polls shall be closed pursuant to California Elections
Code Section 10242, except as provided in California Elections Code Section 14401.
SECTION 5: In all particulars not recited in this Resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 6: 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 7: 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 th's?6`t' day May, 2415.
Edward D. Selich
Mayor
ATTEST:
Leila` ni I. Brown
City Clerk
20-23
Exhibit 1 to City Council Resolution Regarding
Charter Amendment to
Require 5 of 7 Votes of the City Council to Propose Taxes
CHARTER AMENDMENT MEASURE NO.
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 and strike -thea snowing deletions):
Section 1115. City Council Sponsored Tax Proposals — 5 of 7 Vote Requirement.
Notwithstanding any conflicting provision of this Charter, no City Council sponsored
proposal to impose, extend, or increase a tax shall be presented at an election unless the
ordinance or resolution proposing to impose, extend, or increase such tax is approved by at
least five (5) of seven (7) votes of the City Council. As used in this section, the term "tax"
shall mean both a "general tax" and a "special tax" as defined in Article XIIIC, Section 1,
subdivisions fa) and (d). respectively, of the California Constitution.
SECTION 2: BALLOT DESCRIPTION
As provided in Government Code section 34458.5, the following ballot description is included
in this proposed Charter Amendment measure:
CHARTER AMENDMENT (Section 1115): This Charter Amendment measure would amend
the City Charter to add Section 1115. Proposed Section 1115 would require any tax proposal
sponsored by the City Council that imposes, extends or increases a tax to be approved by at
least five (5) of seven (7) votes of the City Council to be presented to the voters at an
election, whereas presently only a majority vote of the City Council is required to place most.
tax measures on the ballot for voter consideration. The term "tax" in proposed Section 1115
means both "general" and "special" taxes as defined in Article XIIIC of the California
Constitution. A "general tax" is defined in the California Constitution as a tax imposed for
general governmental purposes. A "special tax" is defined in the California Constitution as a
tax imposed for specific purposes, including a tax imposed for a specific purpose which is
placed into a general fund. This amendment does not give the City Council power to raise its
compensation or that 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.
20-24
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.
20-25
STATE OFCALIFORNIA |
COUNTY OF ORANGE � so
CITY OF NEWPORT BEACH
1, Leilani 1. 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 naeo|ubon` being Resolution
No. 2016-44 was duly and regularly introduced before and adopted by the C|h/ Council of said City at a
regular meeting of said Cnunci|, duly and regularly held on the 2E/^ day of May, 2015' and that the mama
was so passed and adopted by the following vote, to wit:
AYESCouncil Member Peotter, Council Member Petroa' Council Member Curry.
Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon.
MayorSoUoh
NAYS� None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
rm
aa�����2. day of May, 2015.
A-Vft� c4bm�—
City Clerk
Newport Beach, California
(Seo)
I
FROM:
PREPARED BY:
PHONE:
TITLE:
ABSTRACT:
JULY 26 STAFF REPORT ATTACHMENT B
NEWPORT BEACH
City Council Staff Report
May 26, 2015
Agenda Item No. 24
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Leilani I. Brown, City Clerk — (949) 644-3005, (brown@newportbeachca.gov
Leilani I. Brown, City Clerk
(949) 644-3005
November 8, 2016 General Municipal Election - Ballot Measure
On March 14, 2015, Council Member Keith Curry requested staff prepare a Charter Amendment to require
that taxes proposed by the City Council obtain 5 of 7 votes of the City Council to place tax increases before
the City's voters.
The Resolution, if adopted, would call a General Municipal Election for November 8, 2016, and order on the
ballot a Charter Amendment to add Charter Section 1115, entitled "City Council Sponsored Tax Proposals
— 5 of 7 Vote Requirement." This amendment is also known as and self -titled the "Newport Beach
Taxpayer Protection Act."
RECOMMENDATION:
Adopt Resolution No. 2015-44, A Resolution of the City Council of the City of Newport Beach Calling and
Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 8, 2016,
and Ordering the Submission of a Proposed Amendment to the City Charter to the Electors, the "Newport
Beach Taxpayer Protection Act" (Measure - Require 5 of 7 Votes of the City Council to Propose
Taxes).
FUNDING REQUIREMENTS:
Funding will be budgeted to conduct the November 8, 2016 General Municipal Election.
DISCUSSION:
As a Charter City, the City of Newport Beach has the power to make and enforce all ordinances and
regulations with respect to municipal affairs, subject only to restrictions and limitations provided in the City
Charter or the state Constitution. Section 5(b) of Article XI of the California Constitution states that "it shall
be competent in all city charters to provide ... for ... conduct of city elections."
Further, the City Council generally may establish procedural rules, including rules to identify the necessary
vote requirement for the legislative body to take certain actions. For instance, while the City Charter (as
20-27
well as general law) states that a majority of members of the City Council shall be required for the
enactment of any ordinance or resolution, the Charter presently specifies that certain actions require more
than a bare majority to take action. An example of a supermajority vote requirement presently in the
Newport Beach Charter include the adoption of an urgency ordinance pursuant to Section 412.
Thus, establishing the vote requirement for City Council action to place a local measure, especially one
drafted and sponsored by the City Council (as opposed to a measure submitted by citizen petition), on the
ballot is a "core" area of municipal concern. And, importantly, such a provision does not conflict with any
applicable state law of statewide concern or the California Constitution.
Statutory law applicable to general law cities, but not charter cities, prohibits any proposed general tax from
being presented at an election unless the tax proposal is approved by a two -third vote of all members of the
city's city council. See Govt. Code Section 53724(b). Under established case law, this statutory
supermajority vote requirement is not applicable to Newport Beach as a charter city. General law also
does not impose any specialized vote requirements on a city council presenting a special tax to the voters
(i.e., state law only requires a majority vote of a city council to present special taxes).
Thus, as it presently stands, the Newport Beach City Council need only obtain a majority vote to place
taxes (whether special or general) before the voters (with the potential exception of transaction and use
taxes, which require a 2/3 vote pursuant to Cal. Rev. & Tax Code Section 7285.9).
The proposed Charter Amendment would:
• Apply only to City Council sponsored tax proposals (not to the City Council's action to place citizen
sponsored initiative measures on a ballot).
• Apply to both general and special tax proposals, not just general tax proposals.
• Apply to tax proposals that impose, extend or increase a tax, which under the California Constitution are
deemed to be "taxes."
• Require five (5) of seven (7) votes of the City Council to present a Council -sponsored tax measure to
the voters.
Pursuant to California Constitution Article 13C, Section 1(e), the proposed Charter Amendment would not
apply to:
• A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not
provided to those not charged, and which does not exceed the reasonable costs to the local government of
conferring the benefit or granting the privilege.
• A charge imposed for a specific government service or product provided directly to the payor that is not
provided to those not charged, and which does not exceed the reasonable costs to the local government of
providing the service or product.
• A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and
permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the
administrative enforcement and adjudication thereof.
• A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease
of local government property.
• A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local
government, as a result of a violation of law.
• A charge imposed as a condition of property development.
20-28
• Assessments and property -related fees imposed in accordance with the provisions of California
Constitution Article XIII D.
The proposed Charter Amendment does not alter constitutional requirements for voter approval. Presently,
the constitution requires a majority vote to impose general taxes, a 2/3 vote to impose special taxes and a
55% vote to impose ad valorem property taxes to fund school facility bonds. This amendment does not
alter the constitutional timing requirement for placing general taxes on a ballot (such taxes may only be
placed on a ballot during an election where members of the governing body are on the ballot, unless by
unanimous vote a council determines that there is an emergency need). Finally, this amendment does not
alter the constitutional and statutory processes, including the requirements for hearings and notice.
The attached Resolution calls a General Municipal Election on November 8, 2016, which the City will be
calling regardless for the election of members of the City Council, and orders on the ballot at that election a
proposed Charter Amendment. Pursuant to the Elections Code, Charter Amendments of this nature may
only be placed on Statewide General or Primary Election ballots. This ballot measure satisfies those
requirements.
At a later date, the City Clerk will bring forward resolutions relating to (1) consolidating this election with the
County -run general election, (2) authorizing any member of the City Council to author ballot arguments,
(3) authorizing rebuttal arguments and (4) directing the City Attorney prepare an impartial analysis of the
measure. As City Council Member Keith Curry suggested this Charter Amendment to the City Council, he
has also asked that he be designated to draft the argument and rebuttal argument, if any, for this ballot
measure.
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:
Description
Attachment A - Resolution
20-29
JULY 26 STAFF REPORT ATTACHMENT C
RESOLUTION NO. 2016-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, RESCINDING RESOLUTION NO. 2015-44
WHICH CALLED AND GAVE NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY
NOVEMBER 8, 2016 AND ORDERED THE SUBMISSION OF A
PROPOSED AMENDMENT TO THE CITY CHARTER TO THE
ELECTORS, THE "NEWPORT BEACH TAXPAYER PROTECTION
ACT" (MEASURE — REQUIRE 5 OF 7 VOTES OF THE CITY
COUNCIL TO PROPOSE TAXES)
WHEREAS, on May 26, 2015, the City Council adopted Resolution No. 2015-44 which
would submit to the qualified electors a proposed amendment to the City Charter that
increases the vote requirement necessary for the City Council to present to the voters most
City Council sponsored proposals that impose, increase or extend a tax from the current
majority vote (in most cases) to a vote of 5 of the total membership of the City Council;
WHEREAS, at the June 14, 2016 City Council meeting, the City Council voted to defer
placing the measure on the 2016 General Municipal Election ballot and refer the matter to the
Finance Committee for further study; and
WHEREAS, due to time constraints, the Finance Committee will not be able to fully
study the measure and report back its findings to the City Council within the election timeline
needed to consolidate the election with the Board of Supervisors of the County of Orange for
the November 8, 2016 General Municipal Election.
NOW, THEREFORE, the City Council of the City of Newport Beach does resolve as
follows..
SECTION 1: The City Council hereby rescinds Resolution No. 2015-44.
SECTION 2: The City Clerk is directed to provide the necessary documentation to
the Orange County Registrar of Voters of this action.
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
20-30
Resolution No. 2016-96
Page 2 of 2
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.
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.
PASSED, APPROVED AND ADOPTED on this 26th day of July, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
20-31
JULY 26 STAFF REPORT ATTACHMENT D
RESOLUTION NO. 2016-97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, AMENDING RESOLUTION NO. 2015-44 TO
CALL AND GIVE NOTICE OF THE HOLDING OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 6,
2018 AND ORDERING THE SUBMISSION OF A PROPOSED
AMENDMENT TO THE CITY CHARTER TO THE ELECTORS, THE
"NEWPORT BEACH TAXPAYER PROTECTION ACT" (MEASURE
— REQUIRE 5 OF 7 VOTES OF THE CITY COUNCIL TO PROPOSE
TAXES)
WHEREAS, pursuant to 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 Elections Code of the State of California, the City Council of the
City of Newport Beach ("City") desires to submit to the qualified electors a proposed
amendment to the Charter that increases the vote requirement necessary for the City Council
to present to the voters most City Council sponsored proposals that impose, increase or
extend a tax, from the current majority vote (in most cases) to a vote of 5 of the total
membership of the City Council;
WHEREAS, on May 26, 2015, the City Council of the City of Newport Beach adopted
Resolution No. 2015-44 with the intention of placing this Charter Amendment measure before
the voters at the November 8, 2016 General Municipal Election;
WHEREAS, the City Council of the City of Newport Beach values the input, opinions,
and collaborative process provided by its residents and appointed officials;
WHEREAS, the City Council of the City of Newport Beach desires to amend
Resolution No. 2015-44 to move the date this Charter Amendment measure is considered by
the voters from the November 8, 2016 General Municipal Election to the November 6, 2018
General Municipal Election, which provides the City's Finance Committee adequate time to
review, comment and study the proposed Charter Amendment measure;
WHEREAS, the City Council of the City of Newport Beach is authorized by the
California Constitution, Section 1000 of the Newport Beach City Charter, and by State statute
to submit this proposed amendment to the Newport Beach City Charter to the qualified
electors of the City at a general municipal election to be held the same date as the
November 6, 2018 statewide general election; and
WHEREAS, under the provisions of Article X, Section 1000, of the Charter of the City
of Newport Beach, a general municipal election shall be held on November 6, 2018 for the
election of municipal officers and for such other purposes as the City Council may prescribe,
to wit the placement of amendments to the City Charter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
DOES HEREBY RESOLVE AS FOLLOWS:
20-32
Resolution No. 2016-97
Page 2 of 3
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 Elections Code of the
State of California, there is called and ordered to be held in the City of Newport Beach on
Tuesday, November 6, 2018, a general municipal election for the purpose of submitting the
following proposed Charter Amendment measure to the qualified voters of the City:
The full text of the proposed Charter Amendment measure (with additions to and
deletions from the current Charter text indicated thereon) is set forth on Exhibit 1 attached
hereto and incorporated herein by this reference as if set forth in full.
Said proposed Charter Amendment measure shall appear upon the ballots for said
municipal election in substantially the following form:
MEASURE
Yes
REQUIRE 5 OF 7 VOTES OF THE CITY
COUNCIL TO PROPOSE TAXES. Shall
Section 1115 be added to the Newport Beach
No
City Charter to require at least five votes of the
total City Council membership in order to place
City Council sponsored general or special tax
proposals on a ballot for voter consideration?
SECTION 2: The ballots to be used at the November 6, 2018 General Municipal
Election shall be in a form and content required by law.
SECTION 3: The City Clerk is authorized, instructed and directed to procure and
furnish any and all official ballots, notices, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 4: The polls shall be open at seven o'clock a.m. (7:00 a.m.) on the day of
the election and shall remain open continuously from that time until eight o'clock p.m.
(8:00 p.m.) of the same day when the polls shall be closed pursuant to California Elections
Code Section 10242, except as provided in California Elections Code Section 14401.
SECTION 5: In all particulars not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections. Any resolution in conflict
with this resolution shall be repealed.
SECTION 6: 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 7: The City Council find 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, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
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Resolution No. 2016-97
Page 3 of 3
SECTION 8: 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 26th day of July, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
20-34
Exhibit 1 to City Council Resolution Regarding
Charter Amendment to
Require 5 of 7 Votes of the City Council to Propose Taxes
CHARTER AMENDMENT MEASURE
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 and stFi e th gn showing deletions):
Section 1115. Citv Council Sponsored Tax Proposals — 5 of 7 Vote Reauirement.
Notwithstanding any conflicting provision of this Charter, no City Council sponsored
proposal to impose, extend, or increase a tax shall be presented at an election unless the
ordinance or resolution proposing to impose, extend, or increase such tax is approved by at
least five (5) of seven (7) votes of the City Council. As used in this section, the term "tax"
shall mean both a "general tax" and a "special tax" as defined in Article XIIIC, Section 1,
subdivisions (a) and (d), respectively, of the California Constitution.
SECTION 2: BALLOT DESCRIPTION
As provided in Government Code section 34458.5, the following ballot description is included
in this proposed Charter Amendment measure:
CHARTER AMENDMENT (Section 1115): This Charter Amendment measure would amend
the City Charter to add Section 1115. Proposed Section 1115 would require any tax proposal
sponsored by the City Council that imposes, extends or increases a tax to be approved by at
least five (5) of seven (7) votes of the City Council to be presented to the voters at an
election, whereas presently only a majority vote of the City Council is required to place most
tax measures on the ballot for voter consideration. The term "tax" in proposed Section 1115
means both "general" and "special" taxes as defined in Article XIIIC of the California
Constitution. A "general tax" is defined in the California Constitution as a tax imposed for
general governmental purposes. A "special tax" is defined in the California Constitution as a
tax imposed for specific purposes, including a tax imposed for a specific purpose which is
placed into a general fund. This amendment does not give the City Council power to raise its
compensation or that 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.
20-35
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.
20-36
JULY 26 STAFF REPORT ATTACHMENT E
��WPaRT CITY OF
O �
_ z NEWPORT BEACH
Cq</ FO P
City Council Staff Report
June 14, 2016
Agenda Item No. 4
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 8, 2016 General Municipal Election
ABSTRACT:
Under the provisions of the Newport Beach City Charter Section 1000, a General
Municipal Election shall be held on the first Tuesday after the first Monday of November
in each even numbered year for the election of Municipal Officers and for such other
purposes as the City Council may prescribe.
RECOMMENDATION:
a) Adopt the following resolutions pertaining to the General Municipal Election
scheduled for Tuesday, November 8, 2016, pursuant to City Charter Section 1000:
1) Adopt Resolution No. 2016-67, 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 8, 2016, for the Election of Members
of the City Council as Required by the Provisions of the City Charter;
2) Adopt Resolution No. 2016-68, 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 8, 2016, with the Statewide General Election to be Held on the Same
Date Pursuant to California Elections Code Section 10403 for the Purpose of
Electing Members of the City Council;
3) Adopt Resolution No. 2016-69, A Resolution of the City Council of the City of
Newport Beach, California, Adopting Regulations for Candidates for Elective
Office Pertaining to Candidates Statements Submitted to the Voters at an
Election to be Held on Tuesday, November 8, 2016;
20-37
4) Adopt Resolution No. 2016-70, 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 8, 2016, with the Statewide General Election to be Held on the Same
Date Pursuant to California Elections Code Section 10403 for the Purpose of
Submitting a Proposed Charter Amendment,
6) Adopt Resolution No. 2016-71, 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;
7) Adopt Resolution No. 2016-72, 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 8, 2016, Pursuant to California Elections Code
Section 9285;
b) Designate Council Member Keith Curry to draft a Direct Argument for the ballot
measure and any Rebuttal Argument, if needed; and
c) 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.
FUNDING REQUIREMENTS:
Funding has been budgeted to conduct the November 8, 2016 General Municipal
Election.
DISCUSSION:
General Municipal Election
City Charter Section 1002 indicates that, unless otherwise provided by ordinance, all
elections shall be held in accordance with the provisions of the Elections Code of the
State of California for the holding of municipal elections, as long as they do not conflict
with the City Charter.
Prior to August 12, 2016, the City Council must submit to the County of Orange
Registrar of Voters ("ROV") a Resolution calling and giving notice of the November 8,
2016 General Municipal Election to elect three Council Members for Districts 2, 5 and 7;
request consolidation with the Statewide General Election; and set regulations
20-38
Calling the November 8, 2016 General Municipal Election
June 14, 2016
Page 3
pertaining to candidates statements. Further, resolutions also need to be submitted
relative to any City measure, including text. The Impartial Analysis and Direct
Arguments are also due to the ROV by August 12, 2016.
The candidate filing period for the November 8, 2016 election will open on Monday,
July 18, 2016, and close at 4:30 p.m. on Friday, August 12, 2016. If the incumbent for
District 2 does not file, the period is extended to 5:30 p.m. on Wednesday, August 17,
2016 for District 2 candidates other than the incumbent to file.
It is optional for each candidate to submit a candidate's statement. If the candidate
chooses to have a statement included in the Sample Ballot, the resolution stipulates that
the costs involved are paid by the candidate at the time the nomination paper is filed.
Based on an estimate from the ROV, the deposit for printing each statement (maximum
200 words) in the Sample Ballot is $1,500.
The resolutions calling and giving notice of the November 8, 2016 General Municipal
Election to elect three Council Members, requesting consolidation with the Statewide
General Election, and setting regulations for Candidates Statements are presented as
Attachments A, B, and C, respectively.
The Notice of the Election will be provided in accordance with Elections Code
requirements.
Charter Amendment
At the May 26, 2015 City Council meeting, the City Council adopted Resolution
No. 2015-44, A Resolution of the City Council of the City of Newport Beach Calling and
Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday,
November 8, 2016, and Ordering the Submission of a Proposed Amendment to the City
Charter to the Electors, the "Newport Beach Taxpayer Protection Act" (Measure -
Require 5 of 7 Votes of the City Council to Propose Taxes).
As stated in the May 26, 2015 staff report (Attachment D), the proposed Charter
Amendment does not alter constitutional requirements for voter approval. Presently, the
constitution requires a majority vote to impose general taxes, a 2/3 vote to impose
special taxes, and a 55% vote to impose ad valorem property taxes to fund school
facility bonds. This amendment does not alter the constitutional timing requirement for
placing general taxes on a ballot (such taxes may only be placed on a ballot during an
election where members of the governing body are on the ballot, unless by unanimous
vote, a council determines that there is an emergency need). Finally, this amendment
does not alter the constitutional and statutory processes, including the requirements for
hearings and notice.
20-39
Calling the November 8, 2016 General Municipal Election
June 14, 2016
Page 4
Attachment E 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 F 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 Tuesday, June 21,
2016 be fixed as the deadline for the submittal of the impartial analysis and Monday,
June 27, 2016 be fixed as the deadline for the submittal of direct arguments. Direct
arguments may not exceed 300 words in length.
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 Wednesday, June 22, 2016, and end on Friday, July 1, 2016. The
examination period for the direct arguments shall commence on Tuesday, June 28,
2016, and end on Thursday, July 7, 2016.
Filing of Rebuttal Arguments
Rebuttal arguments must be filed not more than 10 -days after the deadline for filing
direct arguments, or Thursday, July 7, 2016, 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 Friday, July 8, 2016,
and ending on Monday, July 18, 2016.
The Resolution relative to rebuttal arguments is attached as Attachment G.
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
20-40
Calling the November 8, 2016 General Municipal Election
June 14, 2016
Page 5
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 Calling Election (City Council Seats)
Attachment B - Resolution Requesting Consolidation (City Council Seats)
Attachment C - Resolution Establishing Regulations for Candidates Statements (City
Council Seats)
Attachment D - May 26, 2015 Staff Report (Ballot Measure)
Attachment E - Resolution Requesting Consolidation (Ballot Measure)
Attachment F - Resolution Filing Written Arguments and Directing the City Attorney to
Prepare an Impartial Analysis (Ballot Measure)
Attachment G - Resolution Providing for the Filing of Rebuttal Arguments (Ballot
Measure)
20-41
JUNE 14 STAFF REPORT ATTACHMENT E
RESOLUTION NO. 2016-
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 8,
2016, WITH THE STATEWIDE GENERAL ELECTION TO
BE HELD ON THE SAME DATE PURSUANT TO
CALIFORNIA ELECTIONS CODE SECTION 10403 FOR
THE PURPOSE OF SUBMITTING A PROPOSED
CHARTER AMENDMENT
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 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 8, 2016, for the purpose
of submitting a proposed Charter Amendment to the voters;
WHEREAS, California Elections Code Sections 10400 et seq. authorize 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, polling places, and election officers of the two elections be the same; the
County Election Department of the County of Orange canvass the returns of the
20-42
Resolution No. 2016 -
Page 2 of 3
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 8, 2016, for the purpose of
submitting a Charter amendment.
Section 2: That a measure is to appear on the ballot as follows:
uIMMAW11:121
Yes
Require 5 of 7 Votes Of The City Council To Propose Taxes
Shall Section 1115 be added to the Newport Beach City
Charter to require at least five votes of the total City Council No
membership in order to place City Council sponsored general
or special tax proposals on a ballot for voter consideration?
Section 3: The County Election Department 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 regulating the
Statewide election.
20-43
Resolution No. 2016 -
Page 3 of 3
Section 4: The Board of Supervisors 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 by reason of this consolidation and agrees to reimburse the
County 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: 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, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
Section 9: This resolution shall take effect immediately upon adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
20-44
Resolution No. 2016 -
Page 4 of 3
PASSED, APPROVED AND ADOPTED this 14th day of June, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
20-45
JUNE 14 STAFF REPORT ATTACHMENT F
RESOLUTION NO. 2016-
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, a General Municipal Election is to be held in the City of Newport
Beach, California, on Tuesday, November 8, 2016, at which there will be submitted to
the voters the following measure:
MEASURE
Yes
Require 5 of 7 Votes Of The City Council To Propose Taxes
Shall Section 1115 be added to the Newport Beach City
Charter to require at least five votes of the total City Council No
membership in order to place City Council sponsored general
or special tax proposals on a ballot for voter consideration?
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:
(Council Member in Favor)
(Council Member in Favor)
(Council Member in Favor)
(Council Member Against),
(Council Member Against),
(Council Member Against),
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
WIER
Resolution No. 2016 -
Page 2 of 3
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 Election
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: 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, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly.
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Resolution No. 2016 -
Page 3 of 3
Section 5: This resolution shall take effect immediately upon adoption by the
City Council, and the City Clerk shall certify the vote adopting the rResolution.
PASSED, APPROVED AND ADOPTED this 14th day of June, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
JUNE 14 STAFF REPORT ATTACHMENT G
RESOLUTION NO. 2016-
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 8, 2016, 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 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.
i - •7A
Resolution No. 2016 -
Page 2 of 3
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."
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 General Municipal Election to be held on Tuesday, November 8, 2016.
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: 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
20-50
Resolution No. 2016 -
Page 3 of 3
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.
Section 6: This resolution shall take effect immediately upon adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
PASSED, APPROVED AND ADOPTED this 14th day of June, 2016.
Diane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
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