City Hall initiative measure

INITIATIVE MEASURE AMENDING THE CITY OF NEWPORT BEACH CHARTER TO LOCATE A NEW CITY HALL AT NEWPORT CENTER

The proposed Measure, if approved, would add a new Section 425 to the City of Newport Beach Charter to require City Hall, and the administrative offices of the City of Newport Beach, and related parking to be located on City property bounded by Avocado Avenue on the west, San Miguel Drive on the north, and MacArthur Boulevard on the east, Newport Beach Central Library on the south.

Petition for Submission to Voters of proposed Amendment to the Charter of the City of Newport Beach: To the city council of the City of Newport Beach: We, the undersigned, registered and qualified voters of the State of California, residents of the City of Newport Beach, pursuant to Section 3 of Article XI of the California Constitution and Chapter 2 (commencing with Section 34450) of Part 1 of Division 2 of Title 4 of the Government Code, present to the city council of the city this petition and request that the following proposed amendment to the charter of the city be submitted to the registered and qualified voters of the city for their adoption or rejection at an election on a date to be determined by the city council.

The text of the proposed charter amendment reads as follows:

Section 1. Amendment.

Article IV of the City Charter of Newport Beach is amended by adding the following provisions as Section 425: “Section 425. City Hall. City Hall, and the administrative offices of the City of Newport Beach, and related parking, shall be located on and within the 12.82 acres of real property owned by the City of Newport Beach described as Parcel 3 of Parcel Map No. 90-361 in the City of Newport Beach, which is bounded by Avocado Ave. on the west, San Miguel Dr. on the north, and MacArthur Blvd. on the east, and the Newport Beach Central Library on the south.”

Section 2. Findings.

The people of Newport Beach find that adoption of this Charter amendment to locate a new City Hall at Newport Center will serve their public convenience, health and safety, and general welfare. A new City Hall at Newport Center will alleviate current poor conditions of the existing structure and help serve the entire community through placement of City Hall at a more central location to the population base of the city. A new City Hall at Newport Center will reduce emergency health and safety concerns associated with the existing location.

Section 3. Severability.

If any section, subsection, sentence, phrase or clause of this initiative is declared invalid by a court of competent jurisdiction, the remaining sections, subsections, sentences, phrases and clauses shall remain valid and enforceable. The voters declare that they would have passed all sections, subsections, phrases and clauses of this initiative without the section, phrase or clause declared invalid by a court of competent jurisdiction.

Section 4. Consistency with Other Ballot Measures.

If another ballot measure is placed on the same ballot as this measure and deals with the same subject matter, and if both pass, the voters intend that both measures shall be put into effect, except to the extent that specific provisions of the measures are in direct conflict. In the event of a direct conflict, the measure which obtained more votes will control as to the directly conflicting provisions only. The voters expressly declare this to be their intent regardless of any contrary language in any other ballot measure.

Section 5. Amendments.

No provision of this initiative may be amended or repeated except by a vote of the people of the City of Newport Beach.

Section 6. Conflict.

If any provisions of this initiative conflict with any provision of the City of Newport Beach General Plan or the City of Newport Beach Municipal Code, the provisions of this initiative shall supercede any conflicting provisions.

Section 7. Consistency.

To the extent permitted by law, the voters of the City hereby authorize and direct the City to amend any elements or provisions of the City of Newport Beach General Plan and City of Newport Beach Municipal Code and all other City ordinances, policies, and implementation programs or policies, as soon as possible, in order to implement this initiative and to ensure consistency and correlation between this initiative and other elements of the City of Newport Beach General Plan and City of Newport Beach Municipal Code. This enabling legislation shall be interpreted broadly to promote the requirement that a general plan constitute an integrated and consistent document.