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