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HomeMy WebLinkAbout92-75 - General Municipal Election on 11-3-92RESOLUTION NO. 92- 75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 1992, FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL AND SUBMISSION TO THE VOTERS OF CERTAIN PROPOSED AMENDMENTS TO • THE CITY CHARTER. WHEREAS, pursuant to Section 1000 of the City Charter of the City of Newport Beach, general municipal elections for the election of members of the City Council and such other purposes as the City Council may prescribe shall be held on the first Tuesday after the first Monday of November in each even numbered year; and WHEREAS, pursuant to Section 1000 of the City Charter of the City of Newport Beach, a general municipal election for the election of members of the City Council shall be held on November 3, 1992; and WHEREAS, the City Council also desires to submit to the voters at the general municipal election of November 3, 1992, four proposed amendments to the City Charter relating to the authority to lease City owned property, the proposed sale of City owned property on River Avenue, membership of the City Arts Commission, and a two term limit on the office of City Council. NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED AND ORDERED by the City Council of the City of Newport Beach as follows: Section 1. Pursuant to the provisions of Section 400 of • the City Charter, there is called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 3, 1992, a General Municipal Election for the purpose of electing three members of the City Council for the full term of four years. 1 Section 2. The City Council, pursuant to the provisions of Section 1000 of the City Charter and Section 4080 et seq. of the Elections Code of the State of California, hereby orders the following measure submitted to the voters at the General Municipal Election to be held on November 3, 1992: • SHALL THE NEWPORT BEACH CITY CHARTER BE AMENDED SO THE LEASE OF CITY OWNED PROPERTY IS LIMITED TO THE TERM PERMITTED BY STATE LAW? YES /NO The precise wording of the measure to be submitted to the voters pursuant to this Section is attached as Exhibit "A." Section 3. The City Council, pursuant to the provisions of Section 1000 of the City Charter and Section 4080 et seq. of the Elections Code of the State of California, hereby orders the following measure submitted to the voters at the General Municipal Election to be held on November 3, 1992: SHALL THE NEWPORT BEACH CITY CHARTER BE AMENDED TO GRANT THE COUNCIL AUTHORITY TO SELL THE PROPERTY AT 4210 RIVER AVENUE? YES/NO The precise wording of the measure to be submitted to the voters pursuant to this Section is attached as Exhibit "B." Section 4. The City Council, pursuant to the provisions of Section 1000 of the City Charter and Section 4080 et seq. of the Elections Code of the State of California, hereby orders the following measure submitted to the voters at the General Municipal Election to be held on November 3, 1992: SHALL THE NEWPORT BEACH CITY CHARTER BE AMENDED SO THAT THE NUMBER OF MEMBERS OF THE • CITY ARTS COMMISSION IS DETERMINED BY ORDINANCE OR RESOLUTION? YES /NO The precise wording of the measure to be submitted to the voters pursuant to this Section is attached as Exhibit "C." 2 section 5. The City Council, pursuant to the provisions of Section 1000 of the City Charter and Section 4080 et seq. of the Elections Code of the State of California, hereby orders the following measure submitted to the voters at the General Municipal Election to be held on November 3, 1992: • SHALL THE NEWPORT BEACH CITY CHARTER BE AMENDED TO ESTABLISH A TWO TERM LIMIT ON THE OFFICE OF CITY COUNCIL? YES /NO The precise wording of the measure to be submitted to the voters pursuant to this Section is attached as Exhibit "D." Section 6. That the ballots to be used at the election shall be in form and content as required by law. Section 7. That 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 S. That the polls for the election shall be open at 7:00 A.M. of the day of the election and shall remain open continuously from that time until 8:00 P.M. of the same day when the polls shall be closed except as provided in Section 14301 of the Elections Code of the State of California. section 9. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for conduct of general municipal elections. • Section 10. That notice of the time and place for holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in the time, form and manner as required by law. 3 Section II.- The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. ADOPTED, this 13th day of July , 1992. ATTEST: kr \geneleet.res • 4 MAYOR tl- EXHIBIT "A" "Section 1402. Water -front Property. The City Council shall not sell or convey any water -front or beach property, excepting to the State or to the County for use as a public beach or park. Notwithstanding any other provision of this Charter, the City Council shall have the authority to lease City -owned property, • including tide and submerged lands so long as the lease is limited to the term permitted by State law. this Section shall net invalidate any lease of such property in existence at the time of the effective date of the Charter nor the future leasing or re- leasing of any such property under lease at the effective date of this Charter. There shall be reserved forever to the people the public use of a strip of bay front land above mean high tide not less than 85 feet in depth of the city -owned water front property bounded on the west by the southeasterly line of Nineteenth Street and bounded on the east by a line parallel thereto lying 349.90 feet northwesterly of the northwesterly line of Fifteenth Street, said frontage to be bay front frontage. EXHIBIT "B" "Exception to Section 1402. Notwithstanding the provisions of Section 1402, the City Council may sell and convey that parcel of City owned property fronting on the Rivo Alto with the legal description as follows: • Lot 6, Block 242, Canal Section Tract filed in Book 4, Page 98 of Miscellaneous Maps in the Office of the Recorder of Orange County, California. The proceeds of the sale of this property shall be deposited in a special fund to be used solely for the completion of the new central library. EXHIBIT "C" Section 712. City Arts Commission. There shall be a City Arts Commission with the number of members to be established by ordinance or resolution eansisting __ __.___ _..__b___ and it shall have the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to artistic, aesthetic and cultural aspects of the City. (b) Recommend to the City Council the adoption of such ordinances, rules and regulations as it may deem necessary for the administration and preservation of fine arts, performing arts, historical, aesthetic and cultural aspects of the community. (c) On behalf of the City, actively encourage programs for the cultural enrichment of the community. (d) Perform such other duties relating to the Arts as the City Council may require. (As added by amendment effective June 6, 1974). EXHIBIT "D" Section 401 of the City Charter of Newport Beach shall be amended to read as follows: Section 401. Eligibility. No person shall be eligible to hold office as a member of the City Council unless he or she is, and shall have been for at least thirty (30) days immediately preceding nomination or appointment, a registered elector of the • district from which he or she is nominated or appointed, and for at least thirty (30) days immediately preceding his or her election or appointment, a registered elector of the City. Notwithstanding the provisions of Section 400, no person shall be or remain eligible to hold office as a member of the city Council for more than two (2) consecutive four (4) year terms. Members of the City Council who have served one or more terms prior to their current term shall be entitled to complete such term, but shall not be eligible for re- election except as provided below. Members of the City Council who are serving their first term as of the effective date of this amendment shall be eligible to hold office during a second four year term when the current term expires. This section is intended to prevent persons from serving more than two (2) consecutive terms, and shall not be construed to render ineligible any person who would not, by virtue of his or her election, serve more than two consecutive terms. krVidechta.mem