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HomeMy WebLinkAbout2000-5 - General Municipal Election - 11-7-2000• RESOLUTION NO. 2000- 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 7, 2000, 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; and WHEREAS, on December 9, 1999, the following described petition was filed with the City Clerk; and WHEREAS, on January 11, 2000, the City Clerk filed a document entitled "Certificate as to Verification of Signatures on Initiative Petition ", which states that the above described petition contained the signatures of more than fifteen per cent of the qualified voters of the City according to the county election department's last official report of registration to the Secretary of State, and that said petition was sufficient as to the number of signatures required for a valid • petition initiating a charter amendment; and • • 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 Tuesday, November 7, 2000, a General Municipal Election for the purpose of submitting the following proposed charter amendment: CHARTER AMENDMENT Shall the Charter be amended to add Section 423 to require voter YES approval of certain amendments to the Newport Beach General --------------- - -- Plan? NO 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 furnish 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 eight 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 11`" day of January, 2000. • MAYO ATTEST: CITY CLERK r1 U • EXHIBIT A Section 423. Protection from Traffic and Density. Voter approval is required for any major amendment to the Newport Beach General Plan. A "major amendment" is one that significantly increases the maximum amount of traffic that allowed uses could generate, or significantly increases allowed density or intensity. "Significantly increases" means over 100 peak hour trips (traffic), or over 100 dwelling units (density), or over 40,000 square feet of floor area (intensity); these thresholds shall apply to the total of: 1) Increases resulting from the amendment itself, plus 2) Eighty percent of the increases resulting from other amendments affecting the same neighborhood and adopted within the preceding ten years. "Other amendments" does not include those approved by the voters. "Neighborhood" shall mean a Statistical Area as shown in the Land Use Element of the General Plan, page 89, in effect from 1988 to 1998, and new Statistical Areas created from time to time for land subsequently annexed to the City. "Voter approval is required" means that the amendment shall not take effect unless it has been submitted to the voters and approved by a majority of those voting on it. Any such amendment shall be submitted to a public vote as a separate and distinct ballot measure notwithstanding its approval by the city council at the same time as one or more other amendments to the City's General Plan. The city council shall set any election required by this Section for the municipal election next following city council approval of the amendment, or, by mutual agreement with • the applicant for the amendment, may call a special election for this purpose with the cost of the special election shared by the applicant and the City as they may agree. In any election required by this Section, the ballot measure shall be worded such that a YES vote approves the amendment and a NO vote rejects the amendment; any such election in which the ballot measure is not so worded shall be void and shall have no effect. This section shall not apply if state or federal law precludes a vote of the voters on the amendment. (End of amendment. But the proposed ballot measure also includes the following "Second" through "Seventh ":) City Attorney's Note: If the proposed charter amendment is approved the following six paragraphs would not become part of the City Charter but do express the intent of the voters and would provide guidance in interpreting, implementing and administering the City Charter. Second. Purpose. It is the purpose of the amendment to give the voters the power to prevent Newport Beach from becoming a traffic- congested city, by requiring their approval for any change to the City's General Plan that may significantly increase allowed traffic; and also to make sure that major changes do not escape scrutiny by being presented piecemeal as a succession of small changes. • • Third. Findings. 1. In planning the growth of their city and protecting its quality of life, a prime concern of the people of Newport Beach is to avoid congestion and gridlock from too much traffic. 2. The General Plan guides growth in the City of Newport Beach by designating land use categories for all lands in the City, and providing limits on the allowed density and intensity of use for each land use category. 3. The General Plan already provides for additional growth in the City; if all development allowed by the General Plan were to be built, the traffic generated in the City would increase by about 20 %. 4. The people, whose quality of life is at stake, should have the power to disapprove any proposed General Plan amendment that may significantly increase traffic congestion beyond that which could already occur from development under the General Plan. Fourth. Implementation. 1. It is the intent of the foregoing amendment to the City Charter of the City of Newport Beach that, to the maximum extent permitted by law, it apply to all amendments to the General Plan approved by the Newport Beach city council after the time of filing of the Notice Of Intent To Circulate Petition, provided that it shall not apply to any amendment for a development project which has obtained a "vested right" as of the effective date of the foregoing amendment to the City Charter. A "vested right" shall have been obtained if • (a) The project has received final approval of a vesting tentative map. As to such vesting tentative maps, however, they shall be exempt only to the extent that development is expressly authorized in the vesting tentative map itself; or (b) The project has obtained final approval of a Development Agreement as authorized by the California Government Code; or (c) The following criteria are met with respect to the project: (i) The project has received a building permit, or where no building permit is required, its final discretionary approval, and (ii) Substantial expenditures have been incurred in good faith reliance on the building permit, or where no building permit is required, the final discretionary approval for the project; and (iii) Substantial construction has been performed in good faith reliance on the building permit, or where no building permit is required, on the final discretionary approval. Phased projects shall qualify for vested rights exemptions only on a phase by phase basis • consistent with California law. • 2. The city council is encouraged to adopt guidelines to implement the foregoing amendment to the City Charter of the City of Newport Beach following public notice and public hearing, provided that any such guidelines shall be consistent with the amendment and its purposes and findings. Any such guidelines shall be adopted by not less than six affirmative votes, and may be amended from time to time by not less than six affirmative votes. 3. The City shall take all steps necessary to defend vigorously any challenge to the validity of the foregoing amendment to the City Charter of the City of Newport Beach. 4. Peak hour trip generation rates shall be calculated using the most recent version of the Trip Generation Manual of the Institute of Transportation Engineers. The city may fine -tune these rates, but not to less than 95% of the rates in the Manual. Fifth. Attachment. Attached to this petition is a copy of page 89 of the Land Use Element of the General Plan, showing the "Statistical Areas" of the City of Newport Beach. Sixth. Construction. Nothing herein shall be construed to make illegal any lawful use presently being made of any land or to prohibit the development of any land in accordance with the provisions of the City's General Plan in force at the time of filing of the Notice of Intent to Circulate Petition. Seventh. Severability. If any part of this initiative is declared invalid on its face or as applied • to a particular case, such decision shall not affect the validity of the remaining parts, or their application to other cases. It is hereby declared that each part of this initiative would have been adopted irrespective of the fact that any one or more other parts be declared invalid. "Part" is generic, including but not limited to: Word, clause, phrase, sentence, paragraph, subsection, section, and provision. u 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. 2000 -5 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 l lth day of January, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: Thomson Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 12th day of January, 2000. (Seal) • City Clerk Newport Beach, California