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HomeMy WebLinkAbout2018-32 - Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 6, 2018, for the Election of Members of The City Council as Required by the Provisions of the City CharterRESOLUTION NO. 2018-32 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 6, 2018, FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, 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; and WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, a General Municipal Election shall be held on Tuesday, November 6, 2018 for the election of members of the City Council to represent the First, Third, Fourth and Sixth Districts for a term of four years. 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 provisions of Sections 400 et seq. of the City Charter, there is called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 6, 2018, a General Municipal Election for the purpose of electing members of the City Council to represent the First, Third, Fourth and Sixth Districts for the full term of four years. Section 2: The ballots to be used at the election shall be in form and content as required by law. Resolution No. 2018-32 Page 2 of 4 Section 3: The City Clerk is authorized, instructed, and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary to properly and lawfully conduct the election. Section 4: The polls for the election 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. 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: In the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Orange Registrar of Voters, the tie vote shall be settled by the casting of lots pursuant to Section 400 of the City Charter of the City of Newport Beach. Section 8: The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Section 9: The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. Resolution No. 2018-32 Page 3 of 4 Section 10: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 11: 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 12: 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 13: This resolution shall take effect immediately upon adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. H H H H H H ADOPTED this 12th day of June, 2018. ATTEST: a6� c Leilani I. Brown City Clerk APPROVED AS O FORM: Aaron C. p City Attorney Resolution No. 2018-32 Mars a "Duffy" Duffield Mayor Page 4 of 4 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2018-32 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 121h day of June, 2018; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of June, 2018. r UV • v�/ ` Leilani I. Brown City Clerk Newport Beach, California