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HomeMy WebLinkAbout2021-104 - Requesting the Board of Supervisors of the County of Orange to Consolidate a Special Municipal Election to be Held on Tuesday, June 7, 2022, with the Statewide Primary Election to be Held on the Same Date Pursuant to California Elections Code SRESOLUTION NO. 2021-104 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 SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 FOR THE PURPOSE OF SUBMITTING A PROPOSED CHARTER AMENDMENT TO THE VOTERS WHEREAS, pursuant to the authority provided by Section 3 of Article XI of the Constitution of the State of California, Section 1001 of the Newport Beach City Charter, and Sections 1415(a)(2) and 9255(b)(1) of the California Elections Code, the City Council of the City of Newport Beach ("City") is authorized to submit a proposed Charter amendment to the voters; WHEREAS, the City Council of the City of Newport Beach, California, has called a Special Municipal Election to be held on Tuesday, June 7, 2022, for the purpose of submitting a proposed Charter amendment to the voters; 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 Special 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 Elections 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 Special Municipal Election with the Statewide Primary Election on Tuesday, June 7, 2022, for the purpose of submitting a Charter amendment to the voters. Resolution No. 2021-104 Page 2 of 3 Section 2: That a measure is to appear on the ballot as follows: MEASURE Yes AMENDMENT OF NEWPORT BEACH CITY CHARTER TO PROVIDE FOR THE DIRECT ELECTION OF THE MAYOR BY THE VOTERS No Shall Article IV, City Council, and Article X, Elections, of the Newport Beach City Charter be amended to provide for the direct election of the Mayor, who would be nominated by residents and registered voters of the City of Newport Beach and elected by the voters of the City at -large? Section 3: The County Election Department of the County of Orange is authorized to canvass the returns of the Special 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 Elections Code Section 10418 and the provisions of law regarding the Statewide Primary Election. Section 4: The Board of Supervisors of the County of Orange is requested to issue instructions to the County Election Department to take 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 of Orange by reason of this consolidation and agrees to reimburse the County of Orange 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. Resolution No. 2021-104 Page 3 of 3 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 recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 10: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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. Section 11: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 26th day of October, 2021. ATTEST: 44tr�P Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aa5rdn C. Harp City Attorney r OLS' Br ery ayor 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. 2021-104 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 26th day of October, 2021; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: Mayor Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of October, 2021. Leilani I. Brown City Clerk Newport Beach, California