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Home My WebLink About2007-65 - Special Municipal Election 2-5-08RESOLUTION NO. 2007-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, FEBRUARY 5, 2008 FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT WHEREAS, Section 1003 of the Charter of the City of Newport Beach provides that the powers of the initiative and referendum are reserved to the electors of the City and that the provisions of the Elections Code of the State of California shall apply to the use of the initiative and referendum in the City; and WHEREAS, pursuant to authority provided by Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at §9255) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Newport Beach signed by more than fifteen per cent of the registered voters of the city according to the county election department's last official report of registration to the Secretary of State to submit a proposed charter amendment to the voters; PIM WHEREAS, the City Council is authorized and directed by statute to submit the proposed charter amendment to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the Constitution and Title 4, Division 2, Chapter 3 of the Government Code and Division 9, Chapter 3, Article 3 (commencing at §9255) of the Election Code of the State of California, there is called and ordered to be held in the City of Newport Beach, California, on February 5, 2008 a Special Municipal Election for the purpose of submitting the following proposed charter amendment: MEASURE Shall the City of Newport Beach Charter be amended to require City YES Hall, city administrative offices and related parking to be located on City property which is bounded by Avocado Avenue on the west, --------------- - - - -- San Miguel Drive on the north, and MacArthur Boulevard on the NO east, and Newport Beach Central Library on the south? SECTION 2. That the text of the charter amendment submitted to the voters is attached as Exhibit A. SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and famish 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 5. That the polls shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until seven o'clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California. SECTION 6. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 9t` day of October, 2007. MAYOR ATTEST: /2ILLI� -tee �J • �b� %f� CITY CLERK tslll:it� YlI1 Section 1. Amendment. Article IV of the City Charter of Newport Beach is amended by adding the following provisions as Section 425: "Section 425. City Hall. City Hall, and the administrative offices of the City of Newport Beach, and related parking, shall be located on and within the 12.82 acres of real property owned by the City of Newport Beach described as Parcel 3 of Parcel Map No. 90 -361 in the City of Newport Beach, which is bounded by Avocado Ave. on the west, San Miguel Dr. on the north, and MacArthur Blvd. on the east, and the Newport Beach Central Library on the south." Section 2. F9ndings. The people of Newport Beach find that adoption of this Charter amendment to locate a new City Hall at Newport Center will serve their public convenience, health and safety, and general welfare. A new City Hall at Newport Center will alleviate current poor conditions of the existing structure and help serve the entire community through placement of City Hall at a more central location to the population base of the city. A new City Hall at Newport Center will reduce emergency health and safety concerns associated with the existing location. Section 3. Severability. If any section, subsection, sentence, phrase, or clause of this initiative is declared invalid by a court of competent jurisdiction, the remaining sections, subsections, sentences, phrases and clauses shall remain valid and enforceable. The voters declare that they would have passed all sections, subsections, sentences, phrases and clauses of this initiative without the section, phrase or clause declared invalid by a court of competent jurisdiction. Section 4. Consistency with Other Ballot Measures. If another ballot measure is placed on the same ballot as this measure and deals with the same subject matter, and if both pass, the voters intend that both measures shall be put into effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent, regardless of any contrary language in any other ballot measure. Section 5. Amendments. No provision of this initiative may be amended or repealed except by a vote of the people of the City of Newport Beach. Section 6. Conflict. If any provisions of this initiative conflict with any provision of the City of Newport Beach General Plan or the City of Newport Beach Municipal Code, the provisions of this initiative shall supersede any conflicting provisions. Section 7. Consistency. To the extent permitted by law, the voters of the City hereby authorize and direct the City to amend any elements or provisions of the City of Newport Beach General. Plan and City of Newport Beach Municipal Code and all other City ordinances, policies, and implementation programs or policies, as soon as possible, in order to implement this initiative and to ensure consistency and correlation between this initiative and other elements of the City of Newport Beach General Plan and City of Newport Beach Municipal Code. This enabling legislation shall be interpreted broadly to promote the requirement that a general plan constitute an integrated and consistent document. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2007 -65 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of October 2007, and that the same was so passed and adopted by the following vote, to wit: Ayes: Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky. Noes: None Absent: Henn Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of October 2007. (Seal) �'�M. City Clerk Newport Beach, California