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HomeMy WebLinkAbout92-76 - Consolidation of 11-3-92 General Municipal Election• • RESOLUTION NO. 92- 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE, PURSUANT TO THE PROVISIONS OF SECTION 23302 OF THE ELECTIONS CODE, A GENERAL MUNICIPAL ELECTION AND SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1992 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE. WHEREAS, the City Council of the City of Newport Beach called a General Municipal Election to be held on November 3, 1992, for the purpose of electing three members of the City Council for the term of four years; 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, the number of members on the Arts Commission, and a two term limit on the office of City Council; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, polling places and election of officers of the two elections be the same, that the County Registrar of Voters canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. 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 23302 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent to the consolidation of a General Municipal Election with the statewide General Election on 1 Tuesday, November 3, 1992, for the purpose of electing three members of the City Council for the term of office of four years. Section 2. The measures to be submitted to the voters of the City are to appear on the ballot as follows: • MEASURE 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: MEASURE 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: • MEASURE 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 2 The precise wording of the measure to be submitted to the voters pursuant to this Section is attached as Exhibit "C." 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: MEASURE 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. The Mayor is hereby authorized to author and sign, on behalf of the City Council, an argument in favor of the proposed Charter amendment regarding the membership of the Arts Commission, and to author and sign, on behalf of the Council, any rebuttal in the event an argument against the measure is filed. Section 7. That the County Registrar of Voters 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. section S. That the Board of Supervisors is requested to issue instructions to the County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. isSection 9. That the City of Newport Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. 01 Section 10. That the City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the County Registrar of Voters of the County of Orange. Section 11. That the City Clerk shall certify to the • passage and adoption of this Resolution and enter it into the book of original resolutions. E ADOPTED, this 13th day of July , 1992. ATTEST: 4 r .Q, MAYOR 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 eensisting __ seven _..ember_ 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. kr \tidechta.m