HomeMy Public PortalAboutPolicy Resolution-32 R2014-113RESOLUTION R2014-113
POLICY RESOLUTION NO. 32
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NAPA, STATE OF CALIFORNIA, ESTABLISHING
PROCEDURES AND METHODS FOR SUBMITTING
BALLOT ARGUMENTS
WHEREAS, City Charter section 4 establishes the authority of the City as a charter
city, to make and enforce all ordinances and regulations with respect to municipal affairs,
pursuant to California Constitution Article XI, Section 5; and
WHEREAS, California Elections Code section 9281documents the authority of the
City Council to enact an ordinance to establish procedures related to the submission of
ballot arguments for or against any City ballot measure (whether the City ballot measure
is proposed by the City Council, or the City ballot measure is placed on the ballot through
the initiative process); and
WHEREAS, the City Council has enacted ordinances, as codified in Napa
Municipal Code Chapter 1.08, that establish procedures related to the submission of
ballot measures, including the authority to establish additional requirements by
resolution; and
WHEREAS, the City Council previously adopted Policy Resolution No. 32 on July
2, 2002 (hereinafter 'the 2002 Version of Policy Resolution 32') which established
certain procedures related to the submittal of ballot arguments; and
WHEREAS, the City Council has identified a need to repeal and update the
procedures for submitting ballot measures, as set forth in this resolution; and
WHEREAS, the City Council has considered all information related to this matter,
as presented at the public meetings of the City Council identified herein, including any
supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa,
as follows:
1) The City Council hereby repeals the 2002 Version of Policy Resolution 32
2) This Policy Resolution No. 32 hereby establishes the procedures by which any
"ballot argument" shall be submitted in relation to any "city measure" (as those
quoted phrases are used in California Elections Code Sections 9280 through
9287).
a) In general, a "city measure" includes any initiative or referendum qualified
to be placed on the ballot for a municipal election (either a general
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municipal election or a special municipal election, as defined by Napa
Municipal Code Section 1.08.010). A city measure may qualify to be
placed on a municipal election ballot either through a petition filed by
qualified electors, or by action of the City Council.
b) In general, a "ballot argument" includes four types of arguments to be
published with each sample ballot for distribution to all voters: one in favor,
one opposed, a rebuttal to the argument in favor, and a rebuttal to the
argument opposed. The primary ballot arguments (in favor, and opposed)
shall not exceed 300 words in length. Rebuttal arguments shall not exceed
250 words.
3) The City Clerk shall fix the deadline for filing ballot arguments in favor and ballot
arguments against any city measure pursuant to California Elections Code
Section 9286. Any ballot arguments filed with the City Clerk shall not be made
available for public inspection or reproduction until the day following this
deadline. After the deadline, any such ballot arguments shall be made publicly
available pursuant to California Elections Code Section 9295.
4) Priority of primary ballot arguments. If more than one ballot argument is submitted
in favor, or more than one ballot argument is submitted against any city measure:
a) Any ballot argument authorized by the City Council shall receive first
preference and priority, pursuant to Napa Municipal Code Section
1.08.035.
b) Any ballot argument submitted by "the individual voter, or bona fide
association of citizens, or combination of voters and associations, who are
the bona fide sponsors or proponents of the measure" shall receive
second priority, consistent with California Elections Code Section 9287(b).
c) Any ballot argument submitted by any "bona fide association of citizens"
shall receive equal preference and priority as any "individual voters who
are eligible to vote on the measure" (as those quoted phrases are used in
California Elections Code Section 9287(c), and pursuant to Napa
Municipal Code Section 1.08.035).
d) If the priority of ballot arguments, set forth above, results in more than one
ballot argument of equal standing in the highest priority category, then:
i) The City Clerk shall work with the authors of the ballot arguments in an
effort to obtain a mutual agreement among the parties to select one
ballot argument and withdraw any others in writing. If the City Clerk is
not able to obtain this agreement and written withdrawal within 24
hours after the deadline for submitting ballot arguments, the City Clerk
shall proceed to the procedure for drawing of lots, below:
ii) Procedure for Drawing of Lots. For each argument, the names of the
authors shall be written on a separate piece of paper, folded to hide
the names, and placed in a container. Without seeing the names on
any paper, the City Clerk shall draw each paper, one at a time, and
record the name of each paper as it is drawn. The names on the first
paper drawn shall be the authors whose argument shall be printed.
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5) The City Council hereby adopts the requirements of California Elections Code
Section 9285(a) authorizing the filing of rebuttal arguments.
a) Immediately after the City Clerk has selected the ballot argument in favor
and the ballot argument against any city measure, the City Clerk shall: (1)
send a copy of the argument in favor to the authors of any argument
against the measure, and (2) send a copy of the argument against to the
authors of any argument in favor of the measure.
b) Any rebuttal argument must be submitted pursuant to the requirements of
California Elections Code Section 9285(a); provided, however, any
rebuttal argument authorized by the City Council shall be subject to the
requirements of Napa Municipal Code Section 1.08.035. Rebuttal
arguments shall be filed with the City Clerk no later than 10 days after the
final filing date for primary arguments.
6) The City Council hereby finds that the facts set forth in the recitals to this
Resolution are true and correct, and establish the factual basis for the City
Council's adoption of this Resolution.
7) This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Napa at a public meeting of said City Council held on the 17th day
of June, 2014, by the following vote:
AYES: Pedroza, Inman, Sedgley, Techel
NOES: Mott
ABSENT: None
ABSTAIN: None
ATTEST:
Approved ,as to form:
Michael W. Barrett
City Attorney
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