HomeMy WebLinkAbout2020-45 - Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 3, 2020, with the Statewide Primary Election to be Held on the Same Date Pursuant to California Elections CodRESOLUTION NO. 2020-45
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 3,
2020, WITH THE STATEWIDE PRIMARY 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
WHEREAS, the City Council of the City of Newport Beach, California called a
General Municipal Election to be held on Tuesday, November 3, 2020, for the purpose of
the election of members of the City Council to represent the Second, Fifth and Seventh
Districts for a term of four years;
WHEREAS, California Elections Code Section 10400 et seq. authorizes 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 Primary Election to be held on the same date and that, within the City, the
precincts, vote center locations, ballot drop box locations, 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:
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 3, 2020, for the purpose of the election of members of
the City Council to represent the Second, Fifth and Seventh Districts for a term of four
years.
Section 2: The County Election Department of the County of Orange 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 General Election.
Resolution No. 2020-45
Page 2 of 3
Section 3: The Board of Supervisors of the County of Orange 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 4: The City of Newport Beach recognizes that additional costs will be
incurred by the County of Orange by reason of this consolidation and agrees to reimburse
the County of Orange for any costs.
Section 5: 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 6: The City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Section 7: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 8: 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 9: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2020-45
Page 3 of 3
Section 10: This resolution shall take effect immediately upon adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of May, 2020.
Will O eill
Mayor
ATTEST:
APPROVED AS TO FORM:
C
Aaron C. Harp
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2020-45, 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 May, 2020; and the same was so passed and adopted by
the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of May, 2020.
ESONj -1 %O11,,A.
Leilani I. Brown
City Clerk
Newport Beach, California