HomeMy WebLinkAboutAtt B - Redline Updated 6-1-12Attachment B Updated 6-1-12
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We, the People of the City of Newport Beach, State of California, do ordain and establish this
Charter as the organic law of the City under the Constitution of the State.
Article I - Incorporation and Succession
Section 100 Name and Boundaries.
The City of Newport Beach, hereinafter termed the City, shall continue to be a municipal
corporation under its present name of "City of Newport Beach." The boundaries of the City
shall be the boundaries as established at the time this Charter takes effect, and as such
boundaries may be changed thereafter in the manner authorized by law.
Section 101 Succession, Rights and Liabilities.
The City of Newport Beach shall continue to own, possess and control all rights and property of
every kind and nature owned, possessed or controlled by it at the time this Charter takes effect
and shall be subject to all its debts, obligations, liabilities and contracts.
Section 102 Ordinances.
All lawful ordinances, resolutions, rules and regulations, and portions thereof, in force at the
time this Charter takes effect, and not in conflict or inconsistent herewith, are hereby
continued in force until the same shall have been duly repealed, amended, changed or
superseded by proper authority.
Section 103 ReservedGeRtir,,,.,nee .,f Present Offircers and- E.,.,r,l,,. ees
tti their esp/^ iye 4ice ^ @ d rp�y I�eRtS 61PA-In the ^imn A-Pdi+'enc @Rdl for th
e•Eti'�%-v�-rTEe TCI"fTGr". � .1..." 1 � .. CTIT" `" N".. �arrr�co�-rcr�ci-vrrTa�-ra--rvrcrn:
remeval and GE)RtFE)1 as as pFevided in this Charter. The terms ef effice E)f elective efficers whese
effices aFe made appE)iRtive WRder this Charter shall expire UpeR the appE)intmeRt E)f their
!ty e�
Section 104 Continuance of Contracts and Public Improvements.
All contracts entered into by the City, or for its benefit, prior to the taking of effect of this
Charter, shall continue in full force and effect. Public improvements for which proceedings have
been instituted under laws existing at the time this Charter takes effect, in the discretion of the
City Council, may be carried to completion as nearly as practicable in accordance with the
provisions of such existing laws or may be continued or perfected under this Charter.
Section 105 Reserved. PeRdiRg A,.+;„r, ,Pd, or, r ---e ,diRgS
effect,No actien E)F pFaceeding, effivil er eFimiRal, pending at the time wheR this ChaFteF takes
brought by er agaiRSt the City eF aRY officer, effiee, departmeRt er ageney thereof, shall be
affected er abated by the adeption of this CharteF or by aRythiRg hereiR eentaiRed, but all such
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Section 106 Effective Date of this Charter. This Charter shall take effect upon its approval by
the Legislature and any amendment hereto shall be effective when filed pursuant to the
California Constitution.
hiS Charter shall Yp^eR its l by the Legislature.
Article II - Powers of City
Section 200 Powers.
The City shall have the power to make and enforce all laws, rules and regulations in respect to
municipal affairs, subject only to such restrictions and limitations as may be provided in this
Charter armor in the Constitution of the State of California. It shall also have the power to
exercise, or act pursuant to any and all rights, powers, privileges, or procedures, heretofore or
hereafter established, granted or prescribed by any law of the State, by this Charter, or by other
lawful authority, or which a municipal corporation might or could exercise, or act pursuant to,
under the Constitution of the State of California. The enumeration in this Charter of any
particular power shall not be held to be exclusive of, or any limitation upon, the generality of
the foregoing provisions.
Article III - Form of Government
Section 300 Form of Government.
The municipal government established by this Charter shall be known as the "Council -Manager"
form of Government.
Article IV - City Council
Section 400 Elective Officers.
The elective officers of the City shall consist of a City Council of seven members. Candidates for
City Council shall be nominated from and by the electors of each of the seven districts referred
to in Article X of this Charter and one shall be elected from each of such districts by the voters
of the City at large at the times and in the manner provided in this Charter. Ties in voting
among candidates for office shall be settled by the casting of lots.
Alternatively, and successively, four four-year terms shall be filled at one general municipal
election and three four-year terms at the next such election, consistent with the sequence
of terms of Council members existing on the effective date of this amendment.
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Section 106 Effective Date of this Charter. This Charter shall take effect upon its approval by
the Legislature and any amendment hereto shall be effective when filed pursuant to the
California Constitution.
hiS Charter shall Yp^eR its l by the Legislature.
Article II - Powers of City
Section 200 Powers.
The City shall have the power to make and enforce all laws, rules and regulations in respect to
municipal affairs, subject only to such restrictions and limitations as may be provided in this
Charter armor in the Constitution of the State of California. It shall also have the power to
exercise, or act pursuant to any and all rights, powers, privileges, or procedures, heretofore or
hereafter established, granted or prescribed by any law of the State, by this Charter, or by other
lawful authority, or which a municipal corporation might or could exercise, or act pursuant to,
under the Constitution of the State of California. The enumeration in this Charter of any
particular power shall not be held to be exclusive of, or any limitation upon, the generality of
the foregoing provisions.
Article III - Form of Government
Section 300 Form of Government.
The municipal government established by this Charter shall be known as the "Council -Manager"
form of Government.
Article IV - City Council
Section 400 Elective Officers.
The elective officers of the City shall consist of a City Council of seven members. Candidates for
City Council shall be nominated from and by the electors of each of the seven districts referred
to in Article X of this Charter and one shall be elected from each of such districts by the voters
of the City at large at the times and in the manner provided in this Charter. Ties in voting
among candidates for office shall be settled by the casting of lots.
Alternatively, and successively, four four-year terms shall be filled at one general municipal
election and three four-year terms at the next such election, consistent with the sequence
of terms of Council members existing on the effective date of this amendment.
Updated 6-1-12
The term of office shall be four years. The term of each Council member shall commence on
the date of the City Council meeting, following his or her election, at which the council
receives the certification of election results from the City Clerk. (As amended by amendments
effective April 8, 1980, and November 6, 1984)
Section 401 Eligibility.
No person shall be eligible to hold office as a member of the City Council unless he or she is,
and shall have been for at least thirty (30) days immediately preceding nomination or
appointment, a registered elector of the district from which he or she is nominated or
appointed, and for at least thirty (30) days immediately preceding his or her election or
appointment, a registered elector of the City.
Notwithstanding the provisions of Section 400, no person shall be or remain eligible to hold
office as a member of the City Council for more than two consecutive four-year terms.
Members of the City Council who have served one or more terms prior to their current term
shall be entitled to complete such term, but shall not be eligible for re-election except as
provided below. Members of the City Council who are serving their first term as of the
effective date of this amendment shall be eligible to hold office during a second four year term
when the current term expires.
This section is intended to prevent persons from serving more than two consecutive terms,
and shall not be construed to render ineligible any person who would not, by virtue of his or
her election, serve more than two consecutive terms. (As amended by amendments effective
on June 19, 1968, June 6, 1964, April 8, 1980, and November 3, 1992)
The members of the City Council shall receive as compensation for their services in the amount
of S 1.099.94 Der month. In addition. the Mavor shall receive as compensation an additional
amount of $ 460.60 per month. The compensation set forth in this Section shall be adjusted
each July 1 in accordance with the U.S. Department of Labor, Bureau of Labor Statistics,#e
n„reeRtage Gh@Rge OR t - CEonsumer Price Index, or five percent (5%) whichever amount is
lesser. Absence of a Councilmember from all regular and special meetings of the Council during
anv calendar month shall render such Councilmember ineligible to receive compensation for
such calendar month.
In addition, each member of the City Council shall receive reimbursement on order of the City
Council for Council authorized traveling and other expenses when on official duty. In addition,
members shall receive reimbursement for itemized routine and ordinary expenses incurred in
official dutv or such reasonable and adeauate amount as may be established by ordinance.
which amount shall be deemed to be reimbursement to them of routine and ordinary
expenses imposed upon them by virtue of their service as members of the City Council.
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Section 403 Vacancy.
A vacancy in the City Council from whatever cause arising, shall be filled by appointment by the
City Council of a qualified person from the district in which the vacancy has occurred, such
appointee to hold office until the first Tuesday following the next general municipal election
and until his or her successor qualifies. At the next general municipal election following any
vacancy, a Councilmember shall be elected from the district in which the vacancy exists to serve
for the remainder of the unexpired term.
If a member of the City Council absents himself or herself from all regular meetings of the City
Council for a period of sixty days consecutively from and after the last regular City Council
meeting attended by such member, unless by permission of the City Council expressed in its
official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified
elector of his or her district, his or her office shall become vacant and shall be so declared by
the City Council.
In the event the City Council shall fail to fill a vacancy by appointment within thirty days
after such office shall have been so declared vacant, it shall forthwith cause an election to
be held to fill such vacancy from the proper district. (As amended by amendments effective
on December 20, 2010)
On the date of any meeting of the City Council at which time the Council receives the
certification of the results of any general or special municipal election at which any member of
Council is elected, the City Council shall, after swearing and qualifying any newly elected
member, elect one of its members as its presiding officer, who shall have the title of Mayor.
The Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary
but not exclusive responsibility for interpreting the policies, programs and needs of the city
government to the people, and, as occasion requires, the Mayor may inform the people of any
change in such other duties consistent with the office as may be prescribed by this Charter or as
may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of
the City Council.
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Section 403 Vacancy.
A vacancy in the City Council from whatever cause arising, shall be filled by appointment by the
City Council of a qualified person from the district in which the vacancy has occurred, such
appointee to hold office until the first Tuesday following the next general municipal election
and until his or her successor qualifies. At the next general municipal election following any
vacancy, a Councilmember shall be elected from the district in which the vacancy exists to serve
for the remainder of the unexpired term.
If a member of the City Council absents himself or herself from all regular meetings of the City
Council for a period of sixty days consecutively from and after the last regular City Council
meeting attended by such member, unless by permission of the City Council expressed in its
official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a qualified
elector of his or her district, his or her office shall become vacant and shall be so declared by
the City Council.
In the event the City Council shall fail to fill a vacancy by appointment within thirty days
after such office shall have been so declared vacant, it shall forthwith cause an election to
be held to fill such vacancy from the proper district. (As amended by amendments effective
on December 20, 2010)
On the date of any meeting of the City Council at which time the Council receives the
certification of the results of any general or special municipal election at which any member of
Council is elected, the City Council shall, after swearing and qualifying any newly elected
member, elect one of its members as its presiding officer, who shall have the title of Mayor.
The Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary
but not exclusive responsibility for interpreting the policies, programs and needs of the city
government to the people, and, as occasion requires, the Mayor may inform the people of any
change in such other duties consistent with the office as may be prescribed by this Charter or as
may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of
the City Council.
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The City Council shall at the same time the Mayor is elected also designate one of its members
as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The
Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or
disability. (As amended by amendments effective on April 28, 1966, June 6, 1974, April 8, 1980,
and November 6, 1984)
Section 405 Powers Vested in the City Council.
All powers of the City shall be vested in the City Council except as otherwise provided in this
Charter.
Section 406 Interference in Administrative Service.
Neither the City Council nor any of its members shall interfere with the execution by the City
Manager of his or her powers and duties, or order, directly or indirectly, the appointment by
the City Manager or by any of the department heads in the administrative service of the City, of
any person to an office or employment or his or her removal therefrom. Except for the purpose
of inquiry, the City Council and its members shall deal with the administrative service under the
City Manager solely through the City Manager and neither the City Council nor any member
thereof shall give orders to any subordinates of the City Manager, either publicly or privately.
(As amended by amendments effective on December 20, 2010)
Section 407 Regular Meeting.
The City Council shall hold regular meetings At yeast t,.xiee -h m.e.A+h at such times as it shall
fix by ordinance or resolution. All regular meetings shall be publicly noticed according to the
Ralph M. Brown Act, or any successor law.and ry a y ad eur„ er re-adjG "-n an„ regular rneeti^^
hl i d a y s 6i e h r e gtl e e till SShall -aC�tcrh - R 42 c bu-i R e s sz
Section 408 Special Meetings.
Special meetings may be called at any time by the Mayor, or by four members of the City
Council, by written notice delivered personally to each member -and publicly noticed
according to the Ralph M. Brown Act, or any successor law. And +„ eaeh le-eal nel.vspaper of
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The City Council shall at the same time the Mayor is elected also designate one of its members
as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The
Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or
disability. (As amended by amendments effective on April 28, 1966, June 6, 1974, April 8, 1980,
and November 6, 1984)
Section 405 Powers Vested in the City Council.
All powers of the City shall be vested in the City Council except as otherwise provided in this
Charter.
Section 406 Interference in Administrative Service.
Neither the City Council nor any of its members shall interfere with the execution by the City
Manager of his or her powers and duties, or order, directly or indirectly, the appointment by
the City Manager or by any of the department heads in the administrative service of the City, of
any person to an office or employment or his or her removal therefrom. Except for the purpose
of inquiry, the City Council and its members shall deal with the administrative service under the
City Manager solely through the City Manager and neither the City Council nor any member
thereof shall give orders to any subordinates of the City Manager, either publicly or privately.
(As amended by amendments effective on December 20, 2010)
Section 407 Regular Meeting.
The City Council shall hold regular meetings At yeast t,.xiee -h m.e.A+h at such times as it shall
fix by ordinance or resolution. All regular meetings shall be publicly noticed according to the
Ralph M. Brown Act, or any successor law.and ry a y ad eur„ er re-adjG "-n an„ regular rneeti^^
hl i d a y s 6i e h r e gtl e e till SShall -aC�tcrh - R 42 c bu-i R e s sz
Section 408 Special Meetings.
Special meetings may be called at any time by the Mayor, or by four members of the City
Council, by written notice delivered personally to each member -and publicly noticed
according to the Ralph M. Brown Act, or any successor law. And +„ eaeh le-eal nel.vspaper of
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Section 409 Place of Meetings.
All meetings shall be held in locations allowed by the Ralph M. Brown Act, or any successor
law.
adjeurRed, and shall be epeR te the . If, by reason of fire, flood or other emergency, it
shall be unsafe to meet in the place designated, the meetings may be held for the duration of
the emergency at such place as is designated by the Mayor, or, if he should fail to act, by four
members of the City Council.
Section 410 Quorum. Proceedings.
A majority of the members of the City Council shall constitute a quorum to do business but a
less number may adjourn from time to time. In the absence of all the members of the Council
from any regular meeting or adjourned regular meeting, the City Clerk may declare the same
adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by
the Clerk shall be given by the Clerk or may be waived by consent in the same manner as
specified in this Charter for the giving or waiving of notice of special meetings of the City
Council, but need not specify the matters to be acted upon. The City Council shall judge the
qualifications of its members as set forth by the Charter. It shall judge all election returns. It
may establish rules for the conduct of its proceedings and evict or prosecute any member or
other person for disorderly conduct at any of its meetings.
Each member of the City Council shall have the power to administer oaths and affirmations in
any investigation or proceeding pending before the City Council. The City Council shall have the
power and authority to compel the attendance of witnesses, to examine them under oath and
to compel the production of evidence before it. Subpoenas shall be issued in the name of the
City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify
(upon other than constitutional grounds), shall constitute a misdemeanor, and shall be
punishable in the same manner as violations of this Charter are punishable.
At the demand of any member, ,
{^F the payment of rneHey, the City Clerk shall call the roll and shall cause the ayes and Rees
nays taken on an issue which is the subject of the demand sur" gWeSti9RS to be entered in
the minutes of the meeting.
Section 411 Citizen Participation.
No citizen shall be denied the right, personally or through counsel, to present grievances at any
regular meeting of the City Council, or offer suggestions for the betterment of municipal affairs.
Section 412 Adoption of Ordinances and Resolutions.
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With the sole exception of ordinances which take effect upon adoption, referred to in this
Article, no ordinance shall be adopted by the City Council on the day of its introduction, nor
within five days thereafter. ^ at y tir,^ ^+her t-haR at a Fegular or adjE) ,FRed r „i -,r
Wig. At the time of its introduction an ordinance shall become a part of the proceedings of
such meeting in the custody of the City Clerk. At the time of adoption of an ordinance e�
" ^-,Tit shall be read in full, unless after the reading of the title thereof, the further reading
thereof is waived by unanimous consent of the Councilmembers present. In the event that any
ordinance is altered after its introduction, the same shall not be finally adopted except at a
^gu!aF ^F adje FRed FegulaF meeting held not less than five days after the date upon which
such ordinance was so altered. The correction of typographical or clerical errors shall not
constitute the making of an alteration within the meaning of the foregoing sentence.
Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at
least four members of the City Council shall be required for the enactment of any ordinance or
resolution, or for the making or approving of any order for the payment of money. All
ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.
Any ordinance declared by the City Council to be necessary as an emergency measure for
preserving the public peace, health or safety, and containing a statement of the reasons for its
urgency, may be introduced and adopted at one and the same meeting if passed by at least
five affirmative votes. (As arneRded by - ^,IMP—A+S, effective OR December 20 2014
Section 413 Ordinances. Enactment.
In addition to such other acts of the City Council as are required by this Charter to be by
ordinance, every act of the City Council establishing a fine or other penalty, or granting a
franchise, shall be by ordinance.
The enacting clause of all ordinances shall be substantially as follows:
"The City Council of the City of Newport Beach ordain as follows:"
Section 414 Ordinances. Publication.
The City Clerk shall cause each ordinance to be published pursuant to the procedures
established in California Government Code Section 36933 or any successor statute thereto. (As
amended by amendments effective on December 20, 2010)
Section 415 Codification of Ordinances.
Any or all ordinances of the City which have been enacted and published in the manner
required at the time of their adoption, and which have not been repealed, may be compiled,
consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such
code may be adopted by reference, with the same effect as an ordinance, by the passage of an
ordinance for such purpose. Such code need not be published in the manner required for other
ordinances, but not less than three copies thereof shall be filed for use and examination by the
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public in the office of the City Clerk prior to the adoption thereof. Ordinances codified shall be
repealed as of the effective date of the code. Such code may be subsequently revised,
recompiled, recodified and indexed, including such restatement and substantive change as is
necessary in the interest of clarity, in the same manner as prescribed in this section for the
original adoption by reference of an ordinance code. Amendments to the code shall be enacted
in the same manner as ordinances.
Detailed regulations pertaining to the construction of buildings, plumbing and wiring, when
arranged as a comprehensive code, may likewise be adopted by reference in the manner
provided in this Section. Maps, charts and diagrams also may be adopted by reference in the
same manner. (As amended effective June 29, 1962)
Section 416 Ordinances. When Effective.
No ordinance shall become effective until thirty days from and after the date of its adoption,
except the following, which shall take effect upon adoption:
a) An ordinance calling or otherwise relating to an election.
b) An improvement proceeding ordinance adopted under some law or procedural
ordinance.
c) An ordinance declaring the amount of money necessary to be raised by taxation, or
fixing the rate of taxation, or levying the annual tax upon property.
d) An emergency ordinance adopted in the manner provided for in this Article.
Section 417 Ordinances, Violation, Penalty, repealed by amendment effective June 6, 1974.
Section 418 Ordinances. Amendment.
The amendment of any section(s) or subsection(s) of an ordinance may be accomplished
by the subsequent adoption of an ordinance which specifically modifies the section(s) or
subsection(s). The -,. .e.,.J., eRt of aRY P,C+ A—A 1, P -C+ A -R -q .,F -,r, l,rd- .A.aR.-f, May be
a Gee., pliched selely by the Y!][lrlaCtM[la+ of c it h c�r+i�n r.r sreetie.is at IeRgth @S
Section 419 Reserved.
(As amended by amendments effective on December 20, 2010)
Section 420 Reserved.
(As amended by amendments effective on December 20, 2010)
Section 421 Contracts. Execution.
The City shall not be bound by any contract, except as hereinafter provided, unless the same
shall be made in writing, approved by the City Council or employee designated by the City
Council,^ „-+hAri;zP J ri+., effieeF and signed on behalf of the City by the Mayor and City ClerL or
by such other ^ffi,-„r „r ^ffieerremployee as shall be designated by the City Council, the City
Clerk and the City Attorney. Any of said employeese shall sign a contract on behalf of the
City when authorized or directed to do so by the City Council.
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By ordinance or resolution the City Council may authorize the City Manager or other
employees to bind the City, with or without a written contract, for the acquisition of
equipment, materials, supplies, labor, services or other items included within the budget
approved by the City Council, and may impose a monetary limit upon such authority.
The City Council may by ordinance or resolution provide a method for the sale or exchange of
personal property not needed in the City Service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
Contracts for the sale of the products, commodities or services of any public utility owned,
controlled or operated by the City may be made by the manager of such utility or by the head
of the department or City Manager upon forms approved by the City Manager and at rates
fixed by the City Council.
The provisions of this Section shall not apply to the services rendered by any person in the
employ of the City at a regular salary.
Section 422 Freeway and Expressway Agreements; Connection with Freeways; Vote of Electors
Required for Approval.
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. (Added by amendment effective April 26, 1971)
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.
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"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. (Added by amendment effective December 15, 2000)
* Editor's Note: The statistical divisions/statistical areas map is found in Appendix A to this
Charter.
Section 424 Limitations on Use of Eminent Domain.
The City of Newport Beach and/or any City -Affiliated Agency shall not exercise the power of
eminent domain to acquire any property from the owner of the property, without the
owner's consent, for the sole purpose of transferring the property to another person to
further private economic development.
As used in this section of the Charter, the following terms shall have the following ascribed
meanings:
"Owner" means the owner of the fee title interest in the property to be acquired, as shown
on the last equalized assessment roll, or other more current proof of vesting the City may
have.
"Property" shall mean any interest in real or personal property otherwise subject to
acquisition through the use of eminent domain.
"City -Affiliated Agency" shall mean the City of Newport Beach and/or any other entity
possessing the power of eminent domain, the governing board of which is solely composed
of, or is solely appointed by, the members of the City Council of the City of Newport Beach.
(Added by amendment effective January 12, 2007)
Section 425 City Hall.
City Hall, including most administrative officers of the City, and the ad.m.ini-4-Fats e Affir.,s, „f
the City „f N,,wpeFt Beau and Felated paFl(i„rt, shall be located on and within the 12.82 aeF
90 361 in the City „f N, wpert Beae the parcel, "pis 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. (Added by ae.nd- eRt effective nAaFr=h 3 2098)
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Article V - City Manager
Section 500 City Manager.
There shall be a City Manager appointed by the City Council who shall be the chief
administrative officer of the City. In the selection of a City Manager the City Council shall screen
all qualified applicants and other qualified persons known by the Council to be available. It shall
appoint by a majority vote, the person that it believes to be best qualified on the basis of his or
her executive and administrative qualifications, with special reference to his or her experience
in, and his or her knowledge of, accepted practice in respect to the duties of the office as set
forth in this Charter. The City Manager shall serve at the pleasure of the City Council. (As
amended by amendments effective on December 20, 2010)
Section 501 Reserved.
(As amended by amendments effective on December 20, 2010)
Section 502 Eligibility.
No person shall be eligible to receive appointment as City Manager while serving as a member
of the City Council nor within one year after he or she has ceased to be a City Councilmember.
(As amended by amendments effective on December 20, 2010)
Section 503 Compensation. and BeRd. (previously GREEN
The City Manager shall be paid a salary commensurate with his or her responsibilities as chief
administrative officer of the City., which salary shall be established b E)FdiRaRG„ OF „l„t,„n
be deteFMiRed by the City COURGil. (As ameRded by ameRdmeRtS effective OR Deeember 20,
2g
Section 504 Powers and Duties.
The City Manager shall be the head of the administrative branch of the City government. He or
she shall be responsible to the City Council for the proper administration of all affairs of the
City. Without limiting the foregoing general grant of powers, responsibilities and duties, the
City Manager shall have power and be required to:
a) Appoint, and he or she may suspend or remove, subject to the provisions of this
Charter, all department heads and officers of the City except elective officers and those
department heads and officers the power of whose appointment is vested by the
Charter in the City Council, and approve or disapprove all proposed appointments and
removals of subordinate employees by officers or department heads.
b) Prepare the budget annually, submit such budget to the City Council and be responsible
for its administration after its adoption.
c) Prepare and submit to the City Council as of the end of the fiscal year a complete report
on the finances and administrative activities of the City for the preceding fiscal year.
d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem to him or her desirable.
e) Establish and maintain a e^ -purchasing system for all City offices, departments
and agencies.
17
Updated 6-1-12
f) Prepare rules and regulations governing the contracting for, purchasing, storing,
distribution, or disposal of all supplies, materials and equipment required by any office,
department or agency of the City government and recommend them to the City Council
for adoption by it.
g) See that the laws of the State pertaining to the City, the provisions of this Charter and
the ordinances of the City are enforced.
h) Exercise control of all administrative offices and departments of the City and of all
appointive officers and employees except those directly appointed by the City Council
and prescribe such general rules and regulations as he or she may deem necessary or
proper for the general conduct of the administrative offices and departments of the City
under his or her jurisdiction.
i) Perform such other duties consistent with this Charter as may be required of him or her
by the City Council. (As amended by amendments effective on December 20, 2010)
Section 505 Meetings.
The City ManageF shall be aeeepded a seat at the City CeuReil table and at all RqeetiRgs ef
h�
The City Manager shall be entitled to participate in the deliberations of the City Council and at
anv meeting of the Citv's boards. commissions and committees, but shall not have a vote.
Section 506 Removal.
The City Manager shall not be removed from office during or within a period of ninety days
next succeeding any municipal election at which a member of the City Council is elected. At
any other time the City Manager may be removed only at a regular meeting of the City Council
and upon the affirmative votes of a majority of the members of the City Council.
Section 507 Manager Pro Tempore.
The City Manager shall appoint_, subjeet to the appr, val of the City Ce Reil one of the other
officers or department heads of the City to serve as Manager Pro Tempore during any
temporary absence or disability of the City Manager and notify the City Council of the identity
of the Manager Pro Tempore. If he or she fails to make such appointment, the City Council
may appoint an officer or department head to serve as such Manager Pro Tempore.
Article VI - Officers and Employees
Section 600 Officers to be Appointed by the City Council.
In addition to the City Manager, there shall be a City Attorney and a City Clerk, who shall be
appointed by and serve at the pleasure of the City Council and may be removed only upon the
affirmative votes of a majority of the members of the City Council. (As amended effective
January 20, 1959)
Section 601 Administrative Department.
The City Council may provide, by ordinance not inconsistent with this Charter, for the
Updated 6-1-12
organization, conduct and operation of the several offices and departments of the City as
established by this Charter, and for the creation of additional departments, divisions, offices
and agencies and for their consolidation, alteration or abolition. Each new department created
by the City Council shall be headed by an officer as department head who shall be appointed
and may be suspended or removed by the City Manager.
The City Council, by ordinance or resolution, may assign additional functions or duties to
offices, departments or agencies not inconsistent with this Charter. Where the positions are
not incompatible, the City Council may combine in one person the powers and duties of two
or more offices created or authorized by this Charter. No office provided in this Charter to be
filled by appointment by the City Manager may be consolidated with an office to be filled by
appointment by the City Council. The City Council shall provide for the number, titles,
qualifications, powers, duties and compensation of all officers and employees.
Section 602 City Attorney. Powers and Duties.
To become and remain eligible for City Attorney the person appointed shall be an attorney at
law duly licensed as such under the laws of the State of California, and shall have been engaged
in the practice of law for at least three years prior to his or her appointment. The City Attorney
shall have power and may be required to:
a) Represent and advise the City Council and all City Officers in all matters of law
pertaining to their offices.
b) Prosecute on behalf of the people any or all criminal cases arising from violation of the
provisions of this Charter or City ordinances. He or she shall prosecute misdemeanor
offenses arising under State law if authorized and directed to do so by ordinance or
resolution adopted by the City Council.
c) Represent and appear for the City in any or all actions or proceedings in which the City is
concerned or is a party, and represent and appear for any City officer or employee, or
former City officer or employee, in any or all actions or proceedings in which any such
officer or employee is concerned or is a party for any act arising out of his or her
employment or by reason of his or her official capacity.
d) Attend all regular meetings of the City Council and give his or her advice or opinion in
writing whenever requested to do so by the City Council or by any of the boards,
commissions, committees, or officers of the City.
e) Approve the form of all contracts made by and all bonds given to the City, endorsing his
or her approval thereon in writing.
f) Prepare any and all proposed ordinances and resolutions for the City and amendments
thereto.
g) Devote such time to the duties of his or her office as may be specified in the ordinance
or resolution fixing the compensation for such office.
h) Surrender to his or her successor all books, papers, files and documents pertaining to
the City's affairs. -
The City Council shall have control of all legal business and proceedings and may employ
19
Updated 6-1-12
other attorneys to take charge of any litigation or matter or to assist the City Attorney
therein. (As ameRdedl effective APFOI 29 1966 Rd r,,,eernbeF 20 2010
Section 603 City Clerk. Powers and Duties.
The City Clerk shall have power and be required to:
a) Attend all meetings of the City Council unless excused and be responsible for the
recording and maintaining of a full and true record of all of the proceedings of the City
Council in books that shall bear appropriate titles and be devoted to such purpose.
b) Maintain separate books, in which shall be recorded respectively all ordinances and
resolutions, with the certificate of the Clerk annexed to each thereof stating the same to
be the original or a correct copy, and as to an ordinance requiring publication, stating
that the same has been published or posted in accordance with this Charter; keep all
books properly indexed and open to public inspection when not in actual use.
c) Maintain separate books, in which a record shall be made of all written contracts and
official bonds.
d) Be the custodian of the seal of the City.
e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs
and business of the City and certify copies of official records.
f) Be ex -officio Assessor, unless the City Council has availed itself, or does in the future
avail itself, of the provisions of the general laws of the State relative to the assessment
of property and the collection of City taxes by county officers, or unless the City Council
by ordinance provides otherwise.
g) Have charge of all City elections.
h) Perform such other duties consistent with this Charter as may be required of him or her
by ordinance or resolution of the City Council. (As amended by amendments effective
on December 20, 2010)
(Section 604. City Treasurer, deleted by amendment effective January 20, 1959)
Section 605 Director of Finance.
There shall be a Director of Finance appointed by the City Manager and subject to
suspension or removal by the City Manager who shall have power and shall_be required
to:
a) Have charge of the administration of the financial affairs of the City under the direction
of the City Manager, and be head of the Finance Department of the City.
b) Compile the budget expense and income estimates for the City Manager.
c) Maintain a general accounting system for the City government and each of its offices,
departments and agencies.
d) Receive all taxes, assessments, license fees and other revenues of the City, or for whose
collection the City is responsible, and receive all taxes or other money receivable by the
City from the County, State or Federal Government, or from any Court, or from any
office, department, or agency of the City.
20
Updated 6-1-12
e) Have custody of all public funds belonging to or under control of the City or any office,
department or agency of the City government and deposit all funds coming into his or
her hands in such depository as may be designated by resolution of the City Council, or,
if no such resolution be adopted, then in such depository designated in writing by the
City Manager, and in compliance with all of the provisions of the State Constitution and
laws of the State governing the handling, depositing and securing of public funds.
f) Supervise and be responsible for the disbursement of all moneys and have control of all
expenditures to insure that budget appropriations are not exceeded; audit all purchase
orders before issuance; audit, approve and provide for the payment of all bills, invoices,
payrolls, demands or charges against the City and, with the advice of the City Attorney,
when necessary, determine the regularity, legality and correctness of such claims,
demands or charges.
g) See that all taxes, assessments, license fees and other revenues of the City, or for whose
collection the City is responsible, and all other money receivable by the City from the
County, State or Federal Government, or from any court, office, department or agency
of the City are collected.
h) Through the City Manager submit to the City Council and to the certified public
accountant employed by the City as an independent auditor a monthly statement of all
receipts, disbursements and fund balances in sufficient detail to show the exact financial
condition of the City; and, as of the end of each fiscal year, submit a complete financial
statement and report.
i) Supervise the keeping of current inventories of all property of the City by all City
departments, offices and agencies.
j) Assume the title of and act as City Treasurer and with the approval of the City Manager
appoint deputies as necessary to act under the provisions of any law requiring or
permitting action by a City Treasurer.
k) Perform such other duties consistent with this Charter as may be required of him or her
by ordinance or resolution of the City Council. (As amended effective January 20, 1959,
and December 20, 2010)
Section 606 Administering Oaths.
Each department head and his or her deputies shall have the power to administer oaths and
affirmations in connection with any official business pertaining to his or her department. (As
amended by amendments effective on December 20, 2010)
Section 607 Department Heads. Appointment Powers.
Each department head and appointive officer shall have the power to appoint, suspend and
remove such deputies, assistants, subordinates and employees as are provided for by the City
Council for his or her department or office, subject to the provisions of this Charter and of any
personnel, merit or civil service system adopted hereunder. Any such appointment or removal
by a department head appointed by the City Manager shall be subject to approval by the City
Manager. (As amended by amendments effective on December 20, 2010)
21
Updated 6-1-12
No member of the City Council, department head or other officer of the City (except a
member of any board, e -r -commission, or committee), shall be financially interested y�
^r ir„IiFeGt4 Y, in any contract, sale or transaction made by them in their official City capacity.tG
. hich the Cit is a art
No member of any board, e4: -commission, or committee shall participate in any decision when
the member has a 4--financial�y interested diFeetl , ar iRdiFer=tly, in any contract, sale or
transaction to which the City is a party and which comes before the board-ef commissioner
committee of which such person is a member for approval or other official action. Ar
pertaiRS te the departmeRt, effiee er ageRcy ef the City with vVhir--h -heard A-1: ecemMiSSiGR
is , et d
Any contract, sale or transaction in which there shall be such ae financial interest, as specified
in this Section, shall become void at the election of the City when so declared by resolution of
the City Council.
No member of the City Council, department head or other officer of the City, or member of
any board, e -r -commission, or committee shall be deemed to be financially interested, within
the meaning of the foregoing provisions- min any contract made with a corporation where
his or her only interest in the corporation is that of a stockholder and the stock owned by him
or her shall amount to less than three percent (3%) of all the stock of such corporation issued
and outstanding; and (2) if an exception under California Government Code Sections 1090 et
seg., or any successor statute, is applicable.
If any member of the City Council, department head or other officer of the City, or member of a
board, er--commission, or committee shall be financially interested as aforesaid, upon
conviction thereof he or she shall forfeit his or her office in addition to any other penalty which
may be imposed for such violation of this Charter. (As ameRded by amendmeRtS „ffecti,,,,
Section 609 Acceptance of Other Office..
Any elective officer of the City shall comply with California Government Code Section 1099,
or any successor statute, relating to incompatible offices. A -h^ 'l/^cept „r Fetair, aRY
Section 610 Nepotism.
The City Council shall not appoint to a salaried position under the City government any person
who is a relative by blood or marriage within the third degree of any one or more of the
members of such City Council, nor shall any department head or other officer having appointive
power appoint any relative of his or hers within such degree to any such position. (As amended
effective April 28, 1966, and December 20, 2010)
Section 611 Reserved.off; -;-,i R^r,,,� (previously Green)
22
Updated 6-1-12
Article VII - Appointive Boards and Commissions
Section 700 In General.
There shall be the following named boards and commissions which shall have the powers and
duties herein stated. In addition, the City Council may create by ordinance or resolution such
additional advisory boards or commissions as in its judgment are required, and may grant to
them such powers and duties as are consistent with the provisions of this Charter.
Section 701 Appropriations.
The City Council shall include in its annual budget such appropriations of funds as in its
opinion shall be sufficient for the efficient and proper functioning of such boards and
[K•]i�uE�y[•]i��
Section 702 Appointment. Terms.
The members of each of such boards or commissions shall be appointed by the City Council
from the qualified electors of the City, none of whom shall hold any paid office or employment
in the City Government. They shall be subject to removal by motion of the City Council
adopted by at least four affirmative votes. The members thereof shall serve for a term of four
years and until their respective successors are appointed and qualified.
The initial term of anv board or commission member shall be established by the Citv Council at
the time the board or commission is created. This revision shall not affect the term of any
board or commission existing prior to November 1, 2012.The rrA^W,"^FS firs+ -,Y,Y,emAted- +„ sur --h
expire 1R eaGh S61GGeediRg year. Thereafter, aRY app9iRtmeRt W fill aP
Section 703 Reserved ExistiFill B9aF
23
MEW= —.WFAV.W'VP=9Fl
mill
Article VII - Appointive Boards and Commissions
Section 700 In General.
There shall be the following named boards and commissions which shall have the powers and
duties herein stated. In addition, the City Council may create by ordinance or resolution such
additional advisory boards or commissions as in its judgment are required, and may grant to
them such powers and duties as are consistent with the provisions of this Charter.
Section 701 Appropriations.
The City Council shall include in its annual budget such appropriations of funds as in its
opinion shall be sufficient for the efficient and proper functioning of such boards and
[K•]i�uE�y[•]i��
Section 702 Appointment. Terms.
The members of each of such boards or commissions shall be appointed by the City Council
from the qualified electors of the City, none of whom shall hold any paid office or employment
in the City Government. They shall be subject to removal by motion of the City Council
adopted by at least four affirmative votes. The members thereof shall serve for a term of four
years and until their respective successors are appointed and qualified.
The initial term of anv board or commission member shall be established by the Citv Council at
the time the board or commission is created. This revision shall not affect the term of any
board or commission existing prior to November 1, 2012.The rrA^W,"^FS firs+ -,Y,Y,emAted- +„ sur --h
expire 1R eaGh S61GGeediRg year. Thereafter, aRY app9iRtmeRt W fill aP
Section 703 Reserved ExistiFill B9aF
23
Updated 6-1-12
Section 704 Meetings. Chairperson.
Boards and -
commissions shall organize by electing one of its members to serve as presiding officer at the
pleasure of such board or commission. Each board or commission shall hold regular meetings at
such frequency as required by its workload least eRee ear" menth and such special meetings as
such board or commission may require. All proceedings of a board or commission shall be
conducted pursuant to the Ralph M. Brown Act, or any successor law. shall be epee +„ the
Public.
Except as may be otherwise provided in this Charter, the City nn-,Rager shall designate a
secretary shall be designated for the recording of minutes for each of such boards and
commissions, who shall keep a record of its proceedings and transactions. Each board or
commission may prescribe its own rules and regulations which shall be consistent with this
Charter and copies of which shall be kept on file in the office of the City Clerk where they shall
be available for public inspection. Each board or commission shall have the same power as the
City Council to compel the attendance of witnesses, to examine them under oath, to compel
the production of evidence before it and to administer oaths and affirmations. (As amen.de h
a meRdments effeetiye on DeeembeF 20 20 0)
Section 705 Compensation. Vacancies.
The members of boards and commissions shall serve without compensation for their services
as such but may receive reimbursement for necessary traveling and other expenses incurred
on official duty when such expenditures have received authorization by the City Council. In
addition, the City Council may by resolution fix an amount as reimbursement of other
expenditures incurred by the members of boards and commissions while in the performance
of their official duties.
Any vacancies in any board or commission, from whatever cause arising, shall be filled by
appointment by the City Council. Upen a vacaRGY OCCUFFiRg leaving an WRexpired n^F+*^n Of
teFm, any appOiRtmeRt te fill SUGh VaGaRGY Shall be fer the unexpired portion of such te 'rm "If a
member of a board or commission absents himself or herself from three consecutive regular
meetings of such board or commission, unless by permission of such board or commission
expressed in its official minutes, or is convicted of a crime involving moral turpitude, -or ceases
to be a registered elector of the City,- his or her office shall become vacant and shall be so
declared by the City Council. (45 effee-Aive 1„ne6, gown and nnremhnr 20 20 0)
Section 706 Planning Commission. Members.
There shall be a Planning Commission consisting of seven members. (As amended by
amendments effective on April 1, 1955, and April 28, 1966, and June 6, 1974)
The Planning Commission shall have the power and may be required to:
24
Updated 6-1-12
a) After a public hearing thereon, recommended to the City Council the adoption,
amendment or repeal of a Master Plan, or any part thereof, for the physical
development of the City.
b) Exercise such control over land subdivisions as is granted to it by ordinance not
inconsistent with the provisions of this Charter.
c) Make recommendations to the City Council concerning prepesed p ihIir ;^V^r'4S; -,rd f^r
the clearance and rebuilding of blighted or substandard areas within the City.
d) Exercise such functions with respect to zoning and land use as may be prescribed by
ordinance not inconsistent with the provisions this Charter.
There shall be a Board of Library Trustees consisting of five members which shall have the
power and G161tyto:
a) Advise the City Council, Library Director, and City Manager as to the administration of
City libraries.Have GhaFge of and make and eRfeFee suGh by laws,
as may be ReeessaF theFefeF
b) Des.gRate-itS e=vvR secretar.
c).�LConsider the annual budget for library purposes during the process of its preparation
and make recommendations with respect thereto to the City Council and City Manager.
d4c) Make recommendations to the Library Director regarding the purchase and acquisition
of aequiFe-books, journals, maps, publications and other supplies peculiar to the needs of
the library_, s6ibjeet,
expeRditure and disbursepnent of funds fer such purchases shall be made and appre
e}d) Make recommendations to the City Manager regarding the AppFeve er disappreve the
appointment, suspension or removal of the Library4R Director, who shall be the
department head.
f elAccept money, personal property or real estate donated to the City for library purposes,
subject to the approval of the City Council.
g}f) Make recommendations regarding proposed Econtracts with schools, county or other
governmental agencies to render or receive library services or facilities, subject to the
approval of the City Council.
There shall be a Parks, Beaches and Recreation Commission consisting of seven members.
The Parks, Beaches and Recreation Commission shall have the power and dut to:
a) Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches,
25
Updated 6-1-12
recreation, parkways and street trees.
b) ,
c) Assist in the planning of parks and recreation programs for the inhabitants of the City,
promote and stimulate public interest therein, and to that end solicit to the fullest
extent possible the cooperation of school authorities and other public and private
agencies interested therein.
d) Establish policies for the acquisition, development and improvement of parks, beaches
and playgrounds and for the planting, care and removal of trees and shrubs in all parks,
playgrounds and streets, subject to the rights and powers of the City Council.
e) Perform such other duties as may be prescribed by ordinance not inconsistent with the
provisions of this Charter. (,s -amended by ameRdrnepts e##est+veApFil 29, 1966, and
Section 710 Civil Service Board.
The Civil Service Board shall consist of five members, none of whom while a member of the
board, or for a period of one year after he or she has ceased for any reason to be a member,
shall occupy or be eligible for appointment to any salaried office or employment in the service
of the City.
The members of the Civil Service Board shall be nominated and appointed in the following
manner. Two members shall be appointed by the City Council from a list of five persons to be
nominated by vote of the employees in the Classified Service, two members shall be appointed
by the City Council directly, and the fifth shall be appointed by the City Council from a list of
three persons nominated by a majority of the four thus appointed. The successor of any
member of the board shall be nominated and appointed in the same manner as such member
was nominated and appointed.
Section 711 Civil Service Board. Powers and Duties.
The Civil Service Board shall have the power and duty to:
a) Recommend to the City Council, after a public hearing thereon, the adoption, amendment
or repeal of civil service system rules and regulations. The rules and regulations, as may be
adopted from time -to -time by the City Council, shall have the force and effect of law.
b) Act in an advisory capacity to the City Council on problems concerning personnel
administration.
c) Receive and hear appeals submitted by any person employed by the City relative to any
appointment, promotion, suspension, demotion, dismissal or other disciplinary action and
to make determinations thereon. The Board's determinations shall be final for persons
included in the Civil Service System. The Board may modify or revoke a disciplinary action
only upon the following three grounds:
a. The facts do not justify the action taken, the action taken is unlawful or the action
taken is superseded by local, state or federal law; or
26
Updated 6-1-12
b. Substantive violation or omission of procedure was made; or
c. The action taken was unreasonable, capricious or arbitrary in view of the offense,
the circumstances surrounding the offense and the past employee record of the
employee.
d) Make any investigation concerning the administration of personnel in the municipal service
and report its findings to the City Council and City Manager when requested to do so by the
City Council, the City Manager or by any organized City Employees' association.
e) Perform such other duties as may be prescribed by ordinance. (As amended by
amendments effective on December 20, 2010)
Section 712 City Arts Commission.
There shall be a City Arts Commission with the number of members to be established by
ordinance or resolution and it shall have the power and duty to:
a) Act in an advisory capacity to the City Council in all matters pertaining to artistic, aesthetic
and cultural aspects of the City.
b) Recommend to the City Council the adoption of such ordinances, rules and regulations as it
may deem necessary for the administration and preservation of fine arts, performing arts,
historical, aesthetic and cultural aspects of the community.
c) On behalf of the City, actively encourage programs for the cultural enrichment of the
community.
d) Perform such other duties relating to the Arts as the City Council may require. (As added by
amendment effective June 6, 1974, and November 3, 1992)
Article VIII - Civil Service System
Section 800 Civil Service System.
There shall be a Civil Service System to establish an equitable and uniform procedure for
handling personnel matters; to attract to the City service the most competent persons
available, to assure that the appointment and promotion of employees will be based on merit
and fitness, and to provide reasonable security for employees.
The City Council shall by ordinance continuously maintain this system for the employment,
classification, advancement, suspension and discharge of those appointive officers and
employees who shall be included in the system. The system shall comply with all other
provisions of this Charter. (As amended by amendments effective on December 20, 2010)
The civil service system shall include all full time, regular and permanent positions or
employment on the Police and Fire Department of the City and may, by ordinance, include any
other appointive officers or positions in the service of the City except the following:
a) All elective officers.
b) City Manager, Assistant City Manager, if any, one executive assistant to the City Manager,
City Attorney, Assistant City Attorney, if any, City Clerk, Director of Finance, City Engineer,
all Department Heads, and Assistant Chiefs in the Police and Fire Departments.
27
Updated 6-1-12
c) All members of boards and commissions.
d) Positions in any class or grade created for a special or temporary purpose and which may
exist for a period of not longer than six months in any one calendar year.
e) Persons employed to render professional, scientific, technical or expert service.
Persons who render part-time service without pay or who are paid on an hourly or per diem
basis.
f) New positions and/or employees not previously included within the civil service system that
are excluded by a vote of the Citv Council. This exclusion shall not apply to anv emalovees
within the civil system at the time of the City Council vote.
Section 802 Withdrawal From System.
After inclusion in the system, any departments or appointive officers or employees shall not
be withdrawn therefrom, either by an outright repeal of the civil service ordinance or
otherwise, unless such withdrawal has been submitted to the city electors at a special or
regular municipal election and approved by a majority of two-thirds of those electors voting
on the proposition. (As amended by amendments effective on December 20, 2010)
Article IX - Retirement
Section 900 Retirement System.
Plenary authority and power are hereby vested in the City, its City Council and its several
officers, agents and employees to do and perform any act, and to exercise any authority
granted, permitted, or required under the provisions of the Public Employees' Retirement Act,
as it now exists or hereafter may be amended, to enable the City to continue as a contracting
City under the Public Employees' Retirement System. The City Council may terminate any
contract with the Board of Administration of Retirement System. The City Council may
terminate any contract with the Board of Administration of the Public Employees' Retirement
System only under authority granted by ordinance adopted by a majority vote of the electors
of the City, voting on such proposition at an election at which such proposal is presented. (As
amended effective June 6, 1974)
Article X
Elections
Section 1000 General Municipal Elections.
Commencing with the election of November 2, 1982, General Municipal elections for the
election of officers and for such other purposes as the City Council may prescribe shall be held
in the City on the first Tuesday after the First Monday of November in each even -numbered
year, and consolidated with the Statewide general election in the manner provided by the
California Elections Code. (As amended by amendments effective on April 8, 1980)
Section 1001 Special Municipal Elections.
All other municipal elections that may be held by authority of this Charter, or of any law,
shall be known as special municipal elections.
Updated 6-1-12
Section 1002 Procedure for Holding Election.
Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in
accordance with the provisions of the Elections Code of the State of California, as the same
now exist or hereafter may be amended, for the holding of municipal elections so far as the
same are not in conflict with this Charter.
Section 1003 Initiative, Referendum and Recall.
There are hereby reserved to the electors of the City the powers of the initiative and
referendum and of the recall of municipal elective officers. The provisions of the Elections Code
of the State of California, as the same now exist or hereafter may be amended, governing the
initiative and referendum and the recall of municipal officers, shall apply to the use thereof in
the City so far as such provisions of the Elections Code are not in conflict with the provisions of
this Charter.
Section 1004 Voters Signing Nomination Petitions.
The voters signing and petition for the nomination of any person to the office of Council
member shall be residents and registered voters of the district from which such person is to
be nominated. (As amended effective June 19, 1968, and December 20, 2010)
Section 1005 Districts.
The City is hereby divided into seven districts, the names and respective boundaries of which
shall be as established by ordinance. No ordinance changing and redefining the boundaries of
any district shall be enacted within six months prior to any regular Councilmanic election.
Following the national census and each tenth year thereafter the City Council shall appoint a
committee to study and report to the City Council on the advisability of redistricting the City.
Upon receipt of any such committee report, and at any other time deemed necessary or
desirable in order that the district boundaries be fair and logical, the City Council may by
ordinance change and redefine the boundaries of any or all of the seven districts herein
established. The boundaries so defined shall be established in such manner that the district
shall, as nearly as practicable, constitute natural areas of contiguous and compact territory and
provide fair representation on the City Council. Notwithstanding the provisions of Section 401,
no redistricting shall disqualify any Councilmember from serving as Councilmember from the
district from which he or she was nominated or appointed for the remainder of his or her term,
if elected, or until the next general municipal election, if appointed. Any territory hereafter
annexed to or consolidated with the City shall, at the time of such annexation or consolidation,
be added by ordinance of the City Council to an adjacent district or districts. (As amended
effective June 19, 1968, and December 20, 2010)
(Sections 1006 through 1012, entitled "FIRST DISTRICT" through "SEVENTH DISTRICT,"
deleted by amendment effective April 28, 1966)
Section 1006 Territory Not Specifically Described.
Any territory constituting a part of the City and not specifically included in any district shall be
deemed included in the district with which it has the longest common boundary line. If there
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is no common boundary line with any district, then such territory shall be deemed included in
the nearest district to it.
(Section 1013 as renumbered by amendment effective April 28, 1966)
Article XI - Fiscal Administration
Section 1100 Fiscal Year.
The fiscal year of the City government shall begin on the first day of July of each year and end
on the thirtieth day of June of the following year.
Section 1101 Annual Budget. Preparation by the City Managell
At such date as the City Manager shall determine, ^,rC" -heard- ^F ;;Ad each
department head shall furnish to the City Manager estimates of revenue and expenditures for
his or her department f^F s eh beapd ^f r^mp^i«i^^ for the ensuing fiscal year, detailed in such
manner as may be prescribed by the City Manager. In preparing the proposed budget, the City
Manager shall review the estimates, hold conferences thereon with the respective department
heads, heardS ^r A-MMOSS;^ns and may revise the estimates as he or she may deem advisable.
(As amended by amendments effective on December 20, 2010)
Section 1102 Budget. Submission to City Council.
At least thirty-five days prior to the beginning of each fiscal year, the City Manager shall submit
to the City Council the proposed budget as prepared by him. After reviewing the same and
making such revisions as it may deem advisable, the City Council shall determine the time for
the holding of a public hearing thereon and shall cause to be published a notice thereof not less
than ten days prior to said hearing, by at least one insertion in the official newspaper. Copies of
the proposed budget shall be available for inspection by the public in the office of the City Clerk
at least ten days prior to said available for inspection by the public in the office of the City Clerk
at least ten days prior to said hearing.
Section 1103 Budget. Public Hearing.
At the time so advertised or at any time to which such public hearing shall from time to
time be adjourned, the City Council shall hold a public hearing on the proposed budget, at
which interested persons desiring to be heard shall be given such opportunity.
Section 1104 Budget. Adoption.
After the conclusion of the public hearing the City Council shall make any revision of the
proposed budget that it may deem advisable and on or before June 30, it shall adopt the
budget. A copy thereof, certified by the City Clerk, shall be filed with the person retained by the
City Council to perform auditing functions for the Council and a further copy shall be placed,
and shall remain on the file, in the office of the City Clerk where it shall be available for public
inspection. The budget so certified shall be reproduced and copies made available for the use of
the public and of departments, offices and agencies of the City.
Section 1105 Budget Appropriations.
From the effective date of the budget, the several amounts stated therein as proposed
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expenditures shall be and become appropriated to the several departments, offices and
agencies for the respective objects and purposes therein named. All appropriations shall
lapse at the end of the fiscal year to the extent that they shall not have been expended or
lawfully encumbered.
At any meeting after the adoption of the budget, the City Council may amend or supplement
the budget by motion adopted by the affirmative votes of at least four members so as to
authorize the transfer of unused balances appropriated for one purpose to another purpose or
to appropriate available funds not included in the budget or to cancel any appropriation not
expended or encumbered.
Section 1106 Centralized Purchasing.
Under the control and direction of the City Manager there shall be established a rt=akized
purchasing system for all City departments and agencies, except as otherwise in this Charter
provided.
Section 1107 Reserved.
(As amended by amendments effective on December 20, 2010)
Section 1108 Tax Procedure.
The procedure for the assessment, levy and collection of taxes upon property, taxable for
municipal purposes, may be prescribed by ordinance of the City Council.
Section 1109 Bonded Debt Limit.
The City shall not incur an indebtedness evidenced by general obligation bonds which shall in
the aggregate exceed the sum of fifteen percent (15%) of the total assessed valuation, for
purposes of City taxation, of all the real and personal property within the City.
No bonded indebtedness which shall constitute a general obligation of the City may be
created unless authorized by the affirmative votes of two -third of the electors voting on such
proposition at any election at which the question is submitted to the electors and unless in full
compliance with the provisions of the State Constitution and of this Charter.
Section 1110 Contracts on Public Works.
Every project for the construction or improvement of public buildings, works, streets, drains,
sewers, utilities, parks or playgrounds, and every purchase of supplies or materials for any such
project, when the total expenditures required for the project exceed One Hundred Twenty
Thousand Dollars ($120,000), or such lesser amount as may be established by ordinance, shall
be let by the City Council by contract to the lowest responsible bidder after notice by
publication in the official newspaper by one or more insertions, the first of which shall be at
least ten days before the time for opening bids. This formal bid dollar amount may be adjusted
annually for inflation pursuant to an index specified by City Council resolution. Projects for the
maintenance or repair of such facilities are excepted from the requirements of this paragraph if
the City Council determines that such work can be performed more economically by a City
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department than by contracting for the doing of such work.
All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond
executed by a corporate surety authorized to engage in such business in California, made
payable to the City. Such security shall be in an amount not less than that specified in the notice
inviting bids or in the specifications referred to therein, or if no amount be so specified then in
an amount not less than ten percent (10%) of the aggregate amount of the bid. If the successful
bidder neglects or refuses to enter into the contract, within the time specified in the notice
inviting bids or in the specifications referred to therein, the amount of his or her bidder's
security shall be declared forfeited to the City and shall be collected and paid into its general
fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid
into such fund.
The City Council may reject any and all bids presented and may re -advertise in its discretion.
The City Council, without advertising for bids, or after rejecting bids, or if no bids were received,
may declare and determine that, in its opinion, based on estimates approved by the City
Manager, the work in question may be performed better and more economically by the City
with its own employees or the supplies or materials may be purchased more economically on
the open market, and after the adoption of a resolution to this effect by at least five affirmative
votes of the Council may proceed to have said work done or said supplies or materials
purchased in the manner stated, without further observance of the provisions of this Section.
Such contracts likewise may be let without advertising for bids, if such work or supplies or
materials shall be deemed by the City Council to be of urgent necessity for the preservation of
life, health or property, and shall be authorized by resolution passed by at least five affirmative
votes of the Council and containing a declaration of the facts constituting such urgency.
The City Council shall have the power to establish standards, procedures, rules or regulations in
order to implement the provisions of this section. (As amended by amendments effective April
28, 1966, June 6, 1974, November 4, 1986, and December 20, 2010)
Section 1111 Purchasing Supplies
The City Council may prescribe by ordinance rules and regulations for the purchasing of
supplies, materials and equipment. When making purchases for the City, merchants
maintaining an established place of business within the City shall be given the preference,
quality and prices being equal.
Section 1112 Cash Basis Fund.
The City Council may maintain a revolving fund, to be known as the "Cash Basis Fund," for the
purpose of placing the payment of the running expenses of the City on a cash basis. A balance
may be built up in this fund from any available sources in an amount which the City Council
deems sufficient with which to meet all lawful demands against the City for the first five
months, or other necessary period, of the succeeding fiscal year prior to the receipt of ad
valorem tax revenues. Transfers may be made by the City Council from such fund to any other
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fund or funds of such sum or sums as may be required for the purpose of placing such funds,
as nearly as possible, on a cash basis. All money so transferred from the Cash Basis Fund shall
be returned thereto before the end of the fiscal year.
Section 1113 Capital Improvement Fund.
A fund for capital improvements generally is hereby created, to be known as the "Capital
Improvement Fund". The City Council may create by ordinance a special fund or funds for a
special capital improvement purpose. The City Council may transfer to any such fund any
unencumbered surplus funds remaining on hand in the City at anytime.
Once created, such fund shall remain inviolate for the purpose for which it was created; if for
capital improvements generally, then for any such purposes, and if for a special capital
improvement, then for such purpose only, unless the use of such fund for some other capital
improvement purpose is authorized by the affirmative votes of a majority of the electors
voting on such proposition at a general or special election at which such proposition is
submitted.
If the purpose for which any special capital improvement fund has been created has been
accomplished the City Council may transfer any unexpended or unencumbered surplus
remaining in accomplished, the City Council may transfer any unexpended or unencumbered
surplus remaining in such fund to the fund for capital improvements generally, established
by this Charter. (As amended effective April 28, 1966, and December 20, 2010)
Section 1114 Claims and Demands.
Except as otherwise provided by the provisions of State law applicable to chartered cities, all
claims and demands{damages against the City shall be filed as prescribed by ordinance. Class
claims and representative claims are prohibited and may not be pursued against the City,
including, but not limited to, a claim for the refund of taxes and/or fees.
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�IlfNill AIN
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Section 1115 Reserved
Demands 9R the Gity 1 A.4rCh are Ret paid feF laGk ef funds shall be FegisteFed. All Fegistered
shall beaF intepest frern the date ef FegistratieR at such Pate as shall be fixed by the G4�f-
(Section 1116. Actions Against City, repealed by amendment effective April 28, 1966)
Section 1116 Independent Audit.
The City Council shall employ at the beginning of each fiscal year, a qualified certified public
accountant who shall, at such time or times as may be specified by the City Council, and at such
other times as he shall determine, examine the books, records, inventories and reports of all
officers and employees who receive, handle or disburse public funds and of all such other
officers, employees or departments as the City Council may direct. As soon as practicable after
the end of the fiscal year, a final audit and report shall be submitted by such accountant to the
City Council, one copy thereof to be distributed to each member, one to the City Manager,
Director of Finance and City Attorney, respectively, -and sufficient additional copies of the audit
shall be placed on file in the office of the City Clerk where they shall be available for inspection
by the general public, and a summary Eek of the financial statement as of the close of the
fiscal year shall be published in the official newspaper as required by California Government
Code Section 40804, or any successor statute. -(Section 1117 as amended effective January 20,
1959, and renumbered by amendment effective April 28, 1966)
Article XII Reserved°^ard 9f r,_ -_,..,tier,
Section 1200 Reserved9tate Law G,.,,, FRS
,ibed-by the EduEatie-TP Cede of the St -Ate of CaIlTifnrTpfifapz56r
Section 1201 Reserved Efferet of GhakeF
Ca I i feirpia as the same Rew exists eF hereafter may exist.
Article XIII
Franchises
Section 1300 Granting of Franchises.
Any person, firm or corporation furnishing the City or its inhabitants with transportation,
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communication, terminal facilities, water, light, heat, electricity, gas, power, refrigeration,
storage, or any other public utility or service, or using the public streets, ways, alleys or places
for the operation of plants, works or equipment for the furnishing thereof, or traversing any
portion of the City for the transmitting or conveyance of any such service elsewhere, may be
required by ordinance to have a valid and existing franchise therefor. The City Council is
empowered to grant such franchise to any person, firm or corporation, whether operating
under an existing franchise or not, and to prescribe the terms and conditions of any such grant.
It may also provide, by procedural ordinance, the method of procedure and additional terms
and conditions of such grants, or the making thereof, all subject to the provisions of this
Charter.
Nothing in this Section, or elsewhere in this Article, shall apply to the City, or to any department
thereof, when furnishing any such utility or service.
Section 1301 Resolution of Intention. Notice and Public Hearing.
Unless a different procedure is established by the Municipal Code, before granting any
franchise, the City Council shall pass a resolution declaring its intention to grant the same,
stating the name of the proposed grantee, the character of the franchise and the terms and
conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the
day, hour and place when and where any persons having any interest therein or any objection
to the granting thereof may appear before the City Council and be heard thereon. It shall direct
the City Clerk to publish said resolution at least once, within fifteen days of the passage thereof,
in the official newspaper. Said notice shall be published at least ten days prior to the date of
hearing.
At the time set for the hearing the City Council shall proceed to hear and pass upon all protests
and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the
franchise on the terms and conditions specified in the resolution of intention to grant the same,
subject to the right of referendum of the people, or it may deny the same. If the City Council
shall determine that changes should be made in the terms and conditions upon which the
franchise is proposed to be granted, a new resolution of intention shall be adopted and like
proceedings had thereon. (As amended by amendments effective on December 20, 2010)
Section 1302 Terms of Franchise.
Every franchise shall state the term for which it is granted, which, unless it be
indeterminate as provided for herein, shall not exceed twenty-five years.
A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full
force and effect until the same, with the consent of the Public Utilities Commission of the State
of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State
of California, or some municipal or public corporation, thereunto duly authorized by law, shall
purchase by voluntary agreement or shall condemn and take, under the power of eminent
domain, all property actually used and useful in the exercise of such franchise and situate
within the territorial limits of the State, municipal or public corporation purchasing or
condemning such property, or until the franchise shall be forfeited for noncompliance with its
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terms by the possessor thereof.
Section 1303 Grant to be in Lieu of all Other Franchises.
Any franchise granted by the City with respect to any given utility service shall be in lieu of all
other franchises, rights or privileges owned by the grantee, or by any successor of the grantee
to any right under such franchise, for the rendering of such utility service within the limits of
the City as they now or may hereafter exist, except any franchise derived under Section 19 of
Article XI of the Constitution of California as said section existed prior to the amendment
thereof adopted October 10, 1911. The acceptance of any franchise hereunder, shall operate as
an abandonment of all such franchises, rights and privileges within the limits of the City as such
limits shall at any time exist, in lieu of which such franchise shall be granted.
Any franchise granted hereunder shall not become effective until written acceptance thereof
shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed
within ten days after the adoption of the ordinance granting the franchise, or any extension
thereof granted by the City Council, and when so filed, such acceptance shall constitute a
continuing agreement of such grantee that if and when the City shall thereafter annex, or
consolidate with, additional territory, any and all franchises, rights and privileges owned by the
grantee therein, except a franchise derived under said constitutional provision shall likewise be
deemed to be abandoned within the limits of such territory. No grant of any franchise may be
transferred or assigned by the grantee except by consent in writing of the City Council and
unless the transferee or assignees thereof shall covenant and agree to perform and be bound
by each and all of the terms and conditions imposed in the grant or by procedural ordinance
and by this Charter.
Section 1304 Eminent Domain.
No franchise grant shall in any way, or to any extent, impair or affect the right of the City to
acquire the property of the grantee thereof either by purchase or through the exercise of right
of eminent domain, and nothing herein contained shall be construed to contract away or to
modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain with
respect to any public utility.
Section 1305 Duties of Grantees.
By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform
and be bound by each and all of the terms and conditions imposed in the grant, or by
procedural ordinance and shall further agree to:
a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter
adopted by the
b) City Council in the exercise of its police power governing the construction, maintenance
and operation of its plants, works or equipment.
c) Pay to the City on demand the cost of all repairs to public property made necessary by
any of the operations of the grantee under such franchise.
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d) Indemnify and hold harmless the City and its officers from any and all liability for
damages proximately resulting from any operations under such franchise.
e) Remove and relocate without expense to the City any facilities installed, used and
maintained under the franchise if and when necessary by any lawful change of grade,
alignment or width of any public street, way alley or place, including the construction of
any subway or viaduct, or if the public health, comfort, welfare, convenience, or safety
so demands.
f) Pay to the City during the life of the franchise a percentage, to be specified in the grant,
of the gross annual receipts of the grantee within the limits of the City, or such other
compensation as the City Council may prescribe in the grant.
Section 1306 Exercising Rights Without Franchise.
The exercise by any person, firm or corporation of any privilege for which a franchise is
required, without possessing a valid and existing franchise therefor, shall be a misdemeanor
and shall be punishable in the same manner as violations of this Charter are punishable and
each day that such condition continues to exist shall constitute a separate violation.
Article XIV - Miscellaneous
Unless the provision or the context otherwise requires, as used in this Charter:
a) "Shall" is mandatory, and "may" is permissive.
b) "City" is the City of Newport Beach and "department," "board," "commission,"
"agency," "officer," "public officer," or "employee," is a department, board,
commission, agency, officer or employee, as the case may be, of the City of Newport
Beach. Whenever a power is granted to, or a duty is imposed upon a public officer, or
employee, the power may be exercised, or the duty may be performed by a deputy of
such officer or emDlovee or by a person otherwise dulv authorized pursuant to law or
ordinance, unless this Charter expressly provides otherwise.
c) "County" is the County of Orange.
d) "State" is the State of California.
Section 1401 Oil Well Drilling.
No drilling, including off shore drilling originating from the ocean's surface, for, exploration
work of any kind, production or refining of, oil, gas or other hydrocarbon substances shall be
permitted within the incorporated area of the City of Newport Beach. These prohibitions shall
apply to any actions taken by the City of Newport Beach itself.
This Section, however, shall not prohibit the exploration or drilling for, production or processing
of oil, gas or other hydrocarbon substances by vertical, slant or other drilling method
originating from the surface within the approximately twenty (20) acres of territory depicted
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and specifically described in Exhibits "A" and "B" to this Charter and incorporated herein by
reference. The owner of property annexed into the City after December 7, 2010 shall have up
to a maximum of ten years from the date of annexation to bring the property into compliance
with this section.
This Section shall not prohibit the continuance of production of any well slant drilled under
property within the City from a location outside the City and in existence at the time this
Charter took effect. Nor shall this section preclude the City Council from permitting the slant
drilling of wells under the surface of property within the City from surface locations located
either outside the City or within future annexations to the City wherein the drilling for and
production of oil, gas and other hydrocarbon substances is permitted. However, if such slant
drilling originates from the surface outside of the approximately twenty (20) acres of territory
depicted in Exhibits "A" and "B" it shall first be approved by a majority of the electors voting on
such proposition at any special or general municipal election, and provided further that all of
the following conditions shall be complied with:
a) The holding of a public hearing upon any application for a permit to conduct such
drilling;
b) The requiring of the removal of all derricks and other surface structures used in the
drilling of such well upon completion or abandonment of such well;
c) The furnishing of a faithful performance surety bond and the maintenance of public
liability and property damage insurance by the permittee in amounts deemed adequate
by the City Council;
d) The screening by landscaping and the beautification of any production and maintenance
facilities used in the operation of any such well;
e) Provisions for the payment to the City of such amounts as in the sound discretion of the
Council are adequate amounts for the consideration or granting of such permit, the
holding of such hearing, the making of initial and periodic inspections, the granting of
easements under City property and for royalties or rentals;
f) The requirement that no such well shall traverse any land under the area of the City
wherein drilling is prohibited at a vertical depth of less than 400 feet from the surface of
the ground; and
g) Such other conditions as the City Council may prescribe by ordinance. (As amended
effective April 23, 1958, and December 20, 2010)
Section 1402 Water -front Property.
The City Council shall not sell or convey any water -front or beach property, excepting to the
State or to the County for use as a public beach or park, without an affirmative vote of the
electorate at a general or special election.
Notwithstanding any other provision of this Charter, the City Council shall have the authority to
lease City -owned property, including tide and submerged lands so long as the lease is limited to
the term permitted by State law.
Updated 6-1-12
Nothing in this Section shall invalidate any lease of such property in existence at the time of the
effective date of the Charter nor the future leasing or re-leasing of any such property under
lease at the effective date of this Charter.
There shall be reserved forever to the people the public use of a strip of bay front land above
mean high tide not less than eighty-five feet in depth of the city -owned water front property
bounded on the west by the southeasterly line of Nineteenth Street and bounded on the east
by a line parallel thereto lying 349.90 feet northwesterly of the northwesterly line of
Fifteenth Street, said frontage to be bay front frontage. (As amended effective January 11,
1957, and November 3, 1992, and December 20, 2010)
Section 1402(a) Exception to Section 1402.
Notwithstanding the provisions of Section 1402, the City Council may sell and convey that
parcel of City -owned property fronting on the Rivo Alto Canal described as Lot 4, Block 434,
Canal Section, Newport Beach, as per map recorded in Book 4, Page 98, Miscellaneous Maps,
Records of Orange County, California. (Added by amendment effective January 25, 1961)
Section 1402(b) Exception to Section 1402.
Notwithstanding the provisions of Section 1402, the City Council may sell and convey that
parcel of City -owned property fronting on Newport Bay described as follows:
All of Lot 1, Block 223, as shown upon a map of Section "A," Newport Beach,
recorded in Book 4, Page 21, of Miscellaneous Maps, Records of Orange County,
California, and all that portion of Block 222 of said Section "A" described as follows:
Beginning at the most northerly corner of said Block 222; running thence south 46°
50' 30" East along the Northeasterly line of said Block 222 to the most northerly
corner of Lot 1, Tract 814, as shown upon a map recorded in Book 24 page 36
Records of said County; running thence southwesterly along
recorded in Book 24, page 36, Records of said County; running thence
southwesterly along the Northwesterly line of said Lot 1, Tract 814, to a point in
the Southwesterly line of said Block 222; thence Northwesterly along the
Southwesterly line of said Block 222 to the most Westerly corner of said Block
222; thence Northeasterly along the Northwesterly line of said Block 222 to the
point of beginning.
(Added by amendment effective January 25, 1961)
Section 1402(c) Exceptions to Section 1402.
Notwithstanding the provisions of Section 1402, the City Council may sell and convey that
parcel of City -owned real property described as follows, to -wit:
Lot 6, Block 218, as shown upon a map of Section "B," Newport Beach, recorded in
Miscellaneous Maps, Book 4, page 27, Records of Orange County, California,
together with a portion of Lot 4, Section 33, Township 6 South, Range 10 West,
S.B.B. & M., bounded on the south by the northerly line of said Lot 6, on the north
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of the easterly extension of the northerly prolongation of the easterly line of said
Lot 6, and on the west by the easterly lines of Lots 3 and 4 of said Block 218.
(Added by amendment effective May 4, 1964)
Section 1402(d) Exception to Section 1402.
Notwithstanding the provisions of Section 1402, the City Council may sell and convey that
parcel of City -owned real property described as follows, to wit:
That portion of Section Thirty-five (35) in Township Six (6) South, Range Ten (10)
West, San Bernardino Base & Meridian together with that portion of Fractional
Section Two (2), in Township Seven (7) South, Range Ten (10) West, San Bernardino
Base & Meridian shown as Parcel "A" on the map recorded in Book 80, Page 48 of
Record of Surveys in the office of the County Recorder of Orange County, California,
and described as follows:
Beginning at the most westerly corner of Lot 8, Block 22, Eastside Addition to
Balboa Tract as shown on the map recorded in Book 4, Page 20 of Miscellaneous
Maps in the office of the County Recorder of said County; thence S 70° 10' 00" E.
3.78 feet to the True Point of Beginning; thence continuing S 70° 10' 10" E. 26.22
feet; thence N 19° 50' 00" E 9.46 feet; thence West 27.87 feet to the True Point of
Beginning.
(Added by amendment effective April 28, 1966)
Section 1402(e) Exception to Section 1402.
Notwithstanding the provisions of Section 1402, the City Council may sell and convey that
parcel of City -owned property fronting on Newport Bay described as follows:
That portion of Lot 2 in Section 33, Township 6 South, Range 10 West, of the San
Bernardino meridian, in the City of Newport Beach, County of Orange, State of
California, according to the official plat of said land filed in the District Land Office,
August 4, 1890, lying northeasterly of the northeasterly line of Blocks 222 and 223
in Section A, Newport Beach, as per map recorded in Book 4, page 21 of
Miscellaneous Maps, in the office of the County Recorder of said County and
between the northeasterly prolongations of the northwesterly line of Lot 1 in Block
223 of said Tract and of the northwesterly line of Lot 1 of Tract No. 814, as per map
recorded in Book 24, pages 35 and 36, of said Miscellaneous Maps.
(Added by amendment effective January 12, 1967)
Section 1402(f) Exception to Section 1402.
Notwithstanding the provisions of Section 1402, the City Council may sell and convey that
parcel of City owned property fronting on the Rivo Alto with the legal description as follows:
Lot 6, Block 242, Canal Section Tract filed in Book 4, Page 98 of Miscellaneous
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Updated 6-1-12
Maps in the Office of the Recorder of Orange County, California.
The proceeds of the sale of this property shall be deposited in a special fund to be used_
solely for the completion of the new central library.
(Added by amendment effective November 3, 1992)
Section 1403 Service and Utility Charges.
All service charges and charges for utilities furnished by the City may be combined upon one
or more bills or invoices but each such charge shall be separately stated. No service or utility
furnished by the City shall be separately stated. No service or utility furnished by the City shall
be discontinued for failure to pay any other service or utility furnished by the City.
Section 1404 Violations.
a) The violation of any provision of this Charter shall be deemed a misdemeanor, which
may be prosecuted in the name of the People of the State of California, and be
punishable by a fine not exceeding One Thousand Dollars ($1000.00) or by
imprisonment in the City Jail for a term not exceeding six (6) months or by both such
fine and imprisonment. Additionally, such violations of this Charter may also be
redressed by civil action and/or administrative citation.
b) The City Council may make the violation of any ordinance of the City a misdemeanor or
an infraction which may be prosecuted in the name of the People of the State of
California. Unless specifically designated as an infraction, a violation of any ordinance of
the City shall constitute a misdemeanor. The maximum fine and/or penalty for any
violation of a City ordinance, whether a misdemeanor or an infraction, shall be
established by ordinance. Additionally, the violation of any City ordinance may be
addressed by civil action and/or administrative citation. (As amended effective June 6,
1974, and December 20, 2010)
Section 1405 Validity.
If any provision of this Charter, or the application thereof to any person or circumstance is held
invalid, the remainder of the Charter, and the application of such provisions to other persons or
circumstances, shall not be affected thereby.
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