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Home My WebLink About2000-69 - General Municipal Election - 11-7-2000• RESOLUTION NO. 2000- 69 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; WHEREAS, on June 19, 2000, the following described petition was filed with the City Clerk; and WHEREAS, on July 25, 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 ispetition 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 any amendment or repeal of certain provisions of the --------------- - -- Traffic Phasing Ordinance? 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 25`h day of July, • ATTEST: • MAYOR EXHIBIT A Section 423: NEWPORT BEACH TRAFFIC PLANNING AND IMPROVEMENTS; • TRAFFIC PHASING ORDINANCE (a) The residents of Newport Beach believe that the current Traffic Phasing Ordinance (Ordinance 99 -17 - the "TPO ") protects our quality of life and the quality of life for our children. The TPO protects neighborhoods from traffic, controls development and saves taxpayer money by requiring the developer to pay for important road improvements. The TPO has three key Sections that provide protection against neighborhood traffic congestion and excessive development. These three Sections of the TPO, which are described in Subsections 1, 2 and 3, shall not be amended or repealed except by a majority of those voting on an amendment or repeal at a regular general municipal election held pursuant to Section 1000 of this Charter. 90 Percent Capacity Maximum. Section 15.40.040 (Q) of the TPO defines and "Unsatisfactory Level of Service" at specified intersections as traffic that exceeds 90 percent (90 %) of the intersection's anticipated capacity, during either any morning or evening Peak Hour Period, (i.e. any four consecutive fifteen (15) minute periods between 7:00 a.m. and 9:00 a.m. (Morning) or any four consecutive fifteen (15) minute periods between 4:00 p.m. and 6:00 p.m. (Evening) with the highest traffic volumes for each of the specified intersections on weekdays between February 1 and May 31). Section 15.40.040 (Q) of the TPO shall not be amended or repealed except by a majority vote of the people of the City of Newport • Beach. 2. One Percent Trigger Mechanism. Section 15.40.040 (F) of the TPO defines the threshold at which specified intersections are deemed impacted by a Project. That threshold is where Project trips increase the volume of traffic on any leg by one percent (1 %) or more during any Peak Hour Period. Section 15.40.040 (F) of the TPO shall not be amended or repealed except by a majority vote of the people of the City of Newport Beach. 3. Development Funding. Section 15.40.030(A)(3) of the TPO requires Project Proponents to make or fund traffic improvements, or make the contributions to fund traffic improvements, that are necessary to make the Findings for Approval and to comply with all Conditions of Approval identified through application of the TPO. Section 15.40.030(A)(3) of the TPO shall not be amended or repealed except by a majority vote of the people of the City of Newport Beach. (b) AIRPORT AREA EXCEPTION To ensure that this Section does not impact the ability of the City of Newport Beach to • prevent further expansion of John Wayne Airport (JWA) or to prevent an increase in commercial jet operations at JWA, this Section shall not apply to any modification of the TPO with respect to the Airport Area (the area bounded by Jamboree Rd, Bristol St. and Campus Drive) General Provisions Competing Initiatives. It is the intent of the people that the provisions of this Initiative • be deemed competing and conflicting with the provisions of a similar initiative known as the "Protection from Traffic and Density" initiative (a.k.a. " Greenlight Initiative "). In the event both initiatives are adopted at the same election, the initiative receiving the highest number of affirmative votes shall prevail and the other initiative shall have no force or effect whatsoever. Repeal of Conflicting Charter Provisions. Should the Greenlight Initiative be in effect on the effective date of this Charter Amendment, the Greenlight Initiative is hereby repealed. Severability. If any provision of this Charter Amendment, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Charter Amendment, including the application of such provision to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Charter Amendment are severable. Initiative Petition Attachments. Attached to the initiative petition proposing this Charter Amendment are true and correct copies of Ordinance No. 99 -17 (the TPO), and the Greenlight Initiative. • 11 • 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. 2000 -69 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 25th day of July, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Glover, Adams, Debay, Ridgeway, O'Neil, Mayor Noyes Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 26th day of July, 2000. (Seal) • City Clerk Newport Beach, California