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
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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
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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
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"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?
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:CHARTER AMENDMENT
:Shall the Charter
be amended to add :Yes
:Section 422 to require that the City
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:Council shall not
:with the State of
enter into any contract
California, or any of
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: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?
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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:
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City Clerk
C IfiED AS THE QPJGINAL
CIN CLERK OF THE CITY OF WPORT.BEACH
®AYB, _1970_ -- -----
Mayor
THS:mh
12/18/70