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
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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
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• 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.
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• 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.
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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