HomeMy WebLinkAbout15 - Ballot Title for Measure TAgenda Item No. 15
August 22, 2000
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
TO: Honorable Mayor and Members of the City Council
FROM: LaVonne M. Harkless, City Clerk
Robert Burnham, City Attorney
SUBJECT: BALLOT TITLE FOR MEASURE T FOR NOVEMBER 7, 2000 ELECTION
RECOMMENDATION
Receive and file.
BACKGROUND
During the Public Comment section of the August 8th City Council meeting, Allan Beek and
Nancy Skinner, Greenlight proponents (Measure S), voiced concerns about the ballot title for
the Newport Beach Traffic Planning and Improvements; Traffic Phasing Ordinance measure
(Measure T). Council Member Ridgeway requested that the City Attorney and the City Clerk
provide a response at the August 22nd meeting.
The ballot titles for both measures were presented as part of the resolutions that were adopted
calling the elections. The resolution calling the election for Measure S (Resolution No. 2000 -5)
was adopted on January 11, 2000 and the resolution calling the election for Measure T
(Resolution No. 2000 -69) was adopted on July 25, 2000.
The ballot titles are as follows:
MEASURES
Shall the Charter be amended to add Section 423 to require voter I YES
approval of certain amendments to the Newport Beach General
Plan?
NO
Shall the Charter be amended to add Section 423 to require voter YES
approval of any amendment or repeal of certain provisions
Traffic Phasing Ordinance?
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NO
August 22, 2000
Page Two
In order to be consistent, the ballot titles were drafted by taking the titles of the measures, as
written by the City Attorney, and formulating them into a question format. This method of
drafting the ballot language is consistent with Section 13247 of the Elections Code and is
applied to ballot measures that are voted on throughout the state. The Elections Code states
that the abbreviation of measures shall be a condensed statement of the ballot title.
According to the County Election Official (the Registrar of Voters), the ten - calendar -day
examination period in which an elections official or any voter of the district may seek a writ of
mandate or an injunction requiring any or all of the materials to be amended or deleted has
expired. The ten - calendar -day examination period commenced upon adoption of the
resolutions calling the elections.
Even though the Elections Code no longer requires the City to print the entire charter
amendment in the Voters Pamphlet, the entire text of both measures including the general
provisions will be printed as part of the pamphlet. The only items that will not be printed in
the sample ballot are the attachments to both measures (the statistical map for Measure S and
the entire Traffic Phasing Ordinance and copy of the Greenlight petition for Measure T). These
attachments are addressed in the "General Provisions" of both amendments and are not part of
the text of the charter amendments. The pamphlet will include language informing the voters
that these documents may be obtained upon request at no charge. The text of the General
Provisions for Measure T is very clear in stating that this amendment is a competing initiative
and the fact that the initiative receiving the highest number of affirmative votes will prevail
and the other shall have no force or effect whatsoever. The sample ballots will be mailed to
each voter between September 28 and October 17.
�y� M
LaVonne M. Harkless, CMC /AAE
City Clerk
Robert Burnham
City Attorney
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