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RESOLUTION NO. 3318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH URGING THE APPROPRIATE COMMITTEES
OF THE ASSEMBLY AND THE SENATE OF THE STATE LEGIS-
LATURE TO VOTE AGAINST THE PROPOSED_ CHARTER AMENDMENT
OF THE CITY OF NEWPORT BEACH RELATING TO FREEWAY
ROUTE ELECTIONS AND STATE REASONS THEREFOR
WHEREAS , the charter amendment of the City of Newport
Beach provides generally that the city shall not enter into any
agreement with the State of California or any other governmental
agency allowing the construction of a freeway or to provide for
the closing of any streets or providing for access to any freeway
unless and until said agreements are approved by a majority of the
city' s electors voting at a general or special election; and
Said charter amendment as approved will have serious
statewide implications and if established as a precedent for
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other charter cities , will seriously impair the continued improve-
ment of the statewide systems in the State of California; and
Said charter amendment , if approved and becomes a precedent,
will create a right in charter cities to establish freeway loca-
tions which is not equally enjoyed by general law cities and thus
discriminate against said general law cities ; and
Said charter amendment removes the freeway location process
from the Highway Commission contrary to Article IV, Section 26
of the California Constitution and preempts the constitutional power
of the State of California with respect to freeway locations ; and
The initiative process followed in adopting the aforementioned
charter amendment is limited to legislative matters and thus should not
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govern an administrative decision such as the selection of
freeway routes ; and
The approval of said charter amendment will encourage
other charter cities to follow a similar process and will
establish a precedent which -could ultimately result in the
complete collapse of the California highway and freeway system
so essential to the movement of vehicles and people resulting
in a damaging blow to the entire transportation industry and
the economy of the State of California.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Huntington Beach urges the appropriate committees
of the Assembly and the Senate of the State Legislature to vote
in opposition to the charter amendment initiated by the City
of Newport Beach .
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to the chairman and each member of the appropriate
committees charged with consideration of the legislation
affecting said charter amendment .
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 19th
day of April, 1971 .
-T Mayor
ATTEST:
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APPROVED AS TO FORM:
7-1
ity' Attor
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Res. No. 3318
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, and ex-
officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
resolution was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council
at a regular meeting thereof held on the lath
day of April , 19 71 , by the following vote:
AYES: Councilmen:
Bartlett , Gibbs , Matney, McCracken
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley, Green, Coen
City Clerk a ex-officio Clerk
of the City Council of the City
of Huntington Beach, California