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HomeMy WebLinkAbout7331 - Special Municipal Election - 3-9-1971}� w RESOLUTION NO. 7 3 31 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO HELD IN • SAID CITY ON TUESDAY, MARCH 9, 197 FOR THE PURPOSE OF SUBMITTING AN INITIATIVE ORDINANCE AND A CHARTER.AMENDMENT TO THE QUALIFIED VOTERS OF SAID CITY • • 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, Section 4001 of the Elections Code provides that any proposed ordinance may be submitted to the legislative body of the City by a petition filed with the City Clerk after being signed by the number of voters specified by law; and WHEREAS, Article 11, Section 8 of the State Constitution prescribes the procedure for the amendment of city charters; and WHEREAS, on December 3, 1970, the following described petitions were filed with the City Clerk: and (1) "INITIATIVE PETITION TO ENACT AN ORDINANCE TO RESCIND A PORTION OF CITY COUNCIL RESOLUTION NO. 6980 (adopted October 28, 1968) AND A PORTION OF THAT FREEWAY AGREEMENT MADE AND ENTERED INTO ON OCTOBER 30, 1968, BY AND BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF NEWPORT BEACH." (2) "PETITION FOR SUBMISSION TO ELECTORS OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF NEWPORT BEACH, CALIFORNIA ", which Charter Amendment has the following Title: "Freeway and Expressway Agreements; connection with freeways; vote of electors required for approval "; WHEREAS, on December 21, 1970, the City Clerk filed two documents designated "CERTIFICATE OF RESULT OF EXAMINATION OF PETITION ", which state that each of the above described -1- :i • • • w petitions contained the signatures of more than 15% of the qualified voters of the City as of the date of filing of the petitions, and that said petitions were sufficient as to the number of signatures required for a. valid initiative petition and petition initiating a charter amendment; and WHEREAS, Section 4011 of the Elections Code provides that when an initiative petition signed by not less than 15% of the voters of the city and containing a request that the ordinance be submitted immediately to a vote of the people at a special election, the City Council shall either: (a) Introduce the ordinance without alteration at the regular meeting at which it is presented and adopt the ordinance within 10 days after it is presented; or (b) Immediately order a special election to be held not less than 60 nor more than 75 days after the date of the order, at which the ordinance without alteration shall be submitted to a vote of the voters of the City; and WHEREAS, it is the decision of this City Council to order a special election for the purpose of submitting the initiative ordinance and charter amendment which are hereinafter set forth to the voters of the City; NOW, THEREFORE, the City Council of the City of Newport Beach DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER, as follows: SECTION 1. That a special election is hereby ordered to be held in said City on Tuesday, March 9, 1976!'4 or the purpose of submitting to the qualified voters of said City the following measures: follows: A proposed initiative measure which reads as -2- .0 w "Shall an ordinance be adopted rescinding that portion of City Council Resolution No. 6890 (Adopted October 28, 1968) and that portion of the Freeway • Agreement made and entered into on October 30, 1968, by and between the State of California, and the City • of Newport Beach pertaining to Route 1 (Pacific Coast) Freeway between Newport Beach City Limit near Buck Gully and Bayside Drive ?" A proposed Charter amendment which would add a new Section 422 to the City Charter to read as follows: " Freewav and expresswav agreements; connection with Unless and until approved by a majority of the city's electors voting at a general or special election, the city shall not enter into an agreement or contract with the State of California or any other government or department, subdivision, agency or commission thereof (1) allowing construction of a freeway or expressway which would be in whole or in part within the boundaries of the city or (2) to close any city street at or near the point of its interception with any freeway or expressway or to make provision for carrying such city street over or under or to a connection with the freeway or expressway or to do any work on such city street as is necessary therefor." SECTION 2. That the propositions submitted to the voters shall appear on the ballot in the following form: INITIATIVE MEASURE Shall an ordinance be adopted rescinding that portion of City Council Resolution :Yes :No. 6890 (Adopted October 28, 1968) and :that portion of the Freeway Agreement made :and entered into on October 30, 1968, by :and between the State of California and :the City of Newport Beach pertaining to :Route 1 (Pacific Coast) Freeway between No : : Newport Beach City Limit near Buck Gully :and Bayside Drive? -3- :CHARTER AMENDMENT :Shall the Charter be amended to add :Yes :Section 422 to require that the City • :Council shall not :with the State of enter into any contract California, or any of • :its agencies, for :freeway or the closure the construction of a of any City street :to accommodate a freeway without first No :,obtaining the approval of a majority of :the voters of the City at a. general or :special election? -3- s..M. • • • SECTION 3. That a cross (f) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross (d) placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. SECTION 4. That the polls for said election shall be opened at 7:00 a.m. of the day of said election and shall remain open continuously from said time until 7:00 p.m. of the same day, when said polls shall be closed, except as provided in Section 14436 of the Elections Code of the State of California. SECTION 5. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. The City Clerk is further authorized and directed to publish a synopsis of the measures to be voted on at least twice before the date of said election, to publish the entire text of the proposed charter amendment not less than 40 nor more than 60 days before the date of said election, to fix a date after which no arguments for or against the measures.to be voted on may be submitted, to receive and prepare for distribu- tion an argument for and an argument against such measures. ADOPTED this 21st day of December, 1970. ATTEST: c City Clerk C IfiED AS THE QPJGINAL CIN CLERK OF THE CITY OF WPORT.BEACH ®AYB, _1970_ -- ----- Mayor THS:mh 12/18/70