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HomeMy WebLinkAbout2007-67 - City Hall in the Park Impartial AnalysisRESOLUTION NO. 2007-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a Special Municipal Election is to be held in the City of Newport Beach, California, on Tuesday, February 5, 2008, at which there will be submitted to the voters the following measure: MEASURE Shall the City of Newport Beach Charter be amended to require City 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 east, and Newport Beach Central Library on the south? The precise wording of the measure to be submitted to voters pursuant to this Section is attached as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, AND ORDER AS FOLLOWS: SECTION 1. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 2. 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 this 9th day of October, 2007. MAYOR ATTEST: CPT CLERK O� �tEWjob �' 9 EXHIBIT A Section 1. Amendment. Article W 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. Findings. 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 } ss. 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 -67 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. W O.4 N� %¢� City Clerk ® Newport Beach, California (Seal)