HomeMy WebLinkAboutAtt B - Redline Full VersionATTACHMENT B
Updated 6-22-12
CHARTER OF THE CITY OF NEWPORT BEACH
Article I - Incorporation and Succession
Section 103 Reserved'^i4t-;p„;,.,,.o of Presept Off"c^p; ;;Ad Empleyelln
effiees @Fe made appeiRtive uRder this ChaFteF shall expire upeR the appeiRtment ef their
r
+•,,,,i„
No aGtiGR Or preeeediRg, eivil er criMiRal, peRd Rg at the time wheR this Charter takes effeet,
aRy e fiee,r, e;fiee, department OF
,
Section 106 Effective Date of this Charter. This Charter shall take effect upon its approval by
the Legislature and anv amendment hereto shall be effective when filed Dursuant to the
California Constitution.
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.
D
Updated 6-22-12
Article IV - City Council
The members of the City Council shall receive as compensation for their services in the amount
of $ 1,227.35 per month, which amount shall reimburse the City Councilmember for
enditures imposed upon him or her in serving as a Citv Councilmember. The Mavor shall
receive as compensation an additional amount of $ 513.96 per month to reimburse the Mayor
for the additional expenses incurred in serving in that capacity. In addition, each member of the
City Council shall receive reimbursement on order of the City Council for Council authorized traveling
expenses when on official duty. 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, CEonsumer
Price Index for All Urban Consumers (CPI -U), Los Angeles -Riverside -Orange County region, or
five percent (5%) whichever amount is lesser. Absence of a Councilmember from all regular
and special meetings of the Council during any calendar month shall render such
Councilmember ineligible to receive compensation for such calendar month.
•1111111 i Will
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
10
■_
. . ..
amill
. .
• .
_
• 1 . • . •
.
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
10
Updated 6-22-12
the City Council.
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 407 Regular Meeting.
The City Council shall hold regular meetings at least twiee „aeh r~,,,Rth at such times as it shall
fix by ordinance or resolution, and as shall be necessary to properly conduct its business; in all
events. the Citv Council shall hold two meetings per month exceat in the months of AuRust
and December. All reeular meetines shall be Dubliclv noticed accordini7 to the RalDh M. Brown
Act, or any successor law.
heYF eertaiR w high sh4 H
adjeYFRed m ee
is adjayMed is REA state -4
Free+inn sh-,II be held 9-R4
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 peFSORally sent to each member and publicly noticed
accordin>? to the RalDh M. Brown Act. or anv successor law. and to each local n^,.,sDan^,
Mill
iijolip
WIN
._
EMT. T
E - Man']
._
._
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 407 Regular Meeting.
The City Council shall hold regular meetings at least twiee „aeh r~,,,Rth at such times as it shall
fix by ordinance or resolution, and as shall be necessary to properly conduct its business; in all
events. the Citv Council shall hold two meetings per month exceat in the months of AuRust
and December. All reeular meetines shall be Dubliclv noticed accordini7 to the RalDh M. Brown
Act, or any successor law.
heYF eertaiR w high sh4 H
adjeYFRed m ee
is adjayMed is REA state -4
Free+inn sh-,II be held 9-R4
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 peFSORally sent to each member and publicly noticed
accordin>? to the RalDh M. Brown Act. or anv successor law. and to each local n^,.,sDan^,
Mill
iijolip
EMT. T
E - Man']
11
Updated 6-22-12
Section 409 Place of Meetings.
All regular meetings shall be held in the Council Chambers of the City Hall, however other types
of meetings shall be at locations allowed by the Ralph M. Brown Act, or any successor law.th-e-
adja„r„^d and shall be epeR to the publi .. 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 or she 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, rthe @dept+e^ ^f aRy eFdoRaRee reselytieR, er erder-
feF the n -,,,.,-,^r+ of Y,,^^^„ 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 such q ushers to be entered in
the minutes of the meeting.
Section 412 Adoption of Ordinances and Resolutions.
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. Rep at aRytome ethep than at a „lar ^ ad ^„Fred r ulaF
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 -r-
mit 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
Fegy!aF ^r adje„reed regular meeting held not less than five days after the date upon which
12
Updated 6-22-12
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.
Ne eFdep fer the payment ef meney shall be adepted eF Fnade at @Ry ether than a Fegu!@F eF
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 aMeRded by andm^n+- „ff,,,. iVe OR Pers ,mber 2n 2n, n�
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 amendment of @Ry rnr+inn er seetieRs of aR erdinaRee m be
a P:4 P—A d e d.
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 and signed on behalf of the City by the Mayor and City Cler4 or by such otherofir
efvmcer--`employee as shall be designated by the City Council, the City Clerk and the City
Attorney. Any of said employees^fo4rr shall sign a contract on behalf of the City when
authorized or directed to do so by the City Council.
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.
13
Updated 6-22-12
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 425 City Hall.
City Hall, including most administrative offices of the City and t
and related parking, shall be located on
-3C9I i^ *"^City .,f "�^,•,^^r+ a^ ,c" the Cit y -owned parcel, 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 ame.pd—m.ent- effective "hare. 2 2999)
Article V - City Manager
Section 503 Compensation and Bond.
The City Manager shall be paid a salary commensurate with his or her responsibilities as chief
administrative officer of the City., `"'hieh salary shall be established by ^rdi^-,n,.^ ^ ^I„+i^n
The City Manager shall finish have a corporate surety bond in such form and in such amount
as may be determined by the City Council. (As ameRded by ^GIw,^ntS effective ^„ December
20
iprtinn SQ4 wPrc anti litie
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 centralized purchasing system for all City offices, departments
and agencies.
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.
14
Updated 6-22-12
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 MaRageF shall be aGGE)rded a seat at the City CewnGil table and at all meet.RgS ef
-heard-s .;;Pd- r--A-Mmisshens and shall be eRtitled to P@FtiGipate OR theip delibeF@tieRS, 1361t Shall ROt
have a ye c,--.
The City Manager shall be entitled to participate in the deliberations of the City Council and at
any meeting of the City's boards, commissions and committees, but shall not have a vote.
Section 507 Manager Pro Tempore.
The City Manager shall appoint_, s b eet t , the appr,yal of the G;+„ ce Re I 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 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.
15
Updated 6-22-12
d) Attend all regulaFmeetings 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,
oardscommissions, 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
other attorneys to take charge of any litigation or matter or to assist the City Attorney
therein. (s ameRded „ffe6tiye Ar.ril 29 1966, Rd Peee. beF 20 201 9
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 d"Feetly in any contract, sale or transaction made by them in their official City capacity. -e
which the City is a art„
No member of any board, s -r -commission, or committee shall participate in any decision when
the member has a kms -financials interested dir„etly ^r iR diFeetly in any contract, sale or
transaction to which the City is a party and which comes before the board -e -F commission, or
committee of which such person is a member for approval or other official action.OF T
pertaiRS te the departmeRt, office er ageRey of the City with which such board OF GOMMiSSiGR
iS td
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 outstandine: and (2) if an exceation under California Government Code Sections 1090 et
seq., 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, e -r -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
16
Updated 6-22-12
may be imposed for such violation of this Charter. (As ameRcle' by am^Rdm^r,t_ „ffPGAi,,,,
DeeervmbeF 20, 20 n)
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.whe shall accept 9F retain @Ry
ethe.r elective public effiee, except as pFevided iR this ChaFter, shall be deemed thereby te
effeethve eR December 29 20 10)
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 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 members first -,ppOirted t„ such
bE)aFds and cernmissieRs shall se classify themselves by let that the term Of E)Re of each E)f their
Rumber shall expire each succeediRg jUly fiFSt. %A here the total Rumber Of the MeMbers Of a
paaFbRg ef terms te such aR exteRt as is Reeessary iR E)Fder that the terms ef at least E)Re and RGt
mere thaR three shai! expire iR each sweceediRg year. TheFeafter, aRy appGiRtrneRt te fill aR
Section 703 ReservedEXiStiRgBeaFdls
The respective terms of office of -;;!! members E)f the bE)aFdS and iR existeRce at
the tiRqe this Charter take -5; effect shall termiRate 61PE)R the effective Plate Af this Charter. The
pFeseRt mernbers E)f the bE)aFdS and GE)RqM*SSieRS Which Will GE)RtiRue OR effect uRder this
Charter shall be deemed reappOiRted to the respective bE)aFds and GE)FnRqiSSffiE)RS E)f Which
they aFe members as fir. -t a r,ted members th. Feef Rder this Chartr r
Section 704 Meetings. Chairperson.
AS s6eR As-pFaetieabl^ f9lle,. iRg the first day of ju ly of every yeaF each .,f eh Boards and -
17
Updated 6-22-12
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 ^^G^ each m^^+h 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 „pep +„ the
Public.
Except as may be otherwise provided in this Charter, the City na-,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 aMeRded by
aRleRdmeRtS P_ffP_G_Ai1VP_ OR December 20, 2010)
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. i pen a vaeaR,.,, eGG 1FHRg lea, iRg an i HexpiFed n^r+;nn Af
If a
vacancy occurs within six (6) months from the expiration of the term, the City Council has the
discretion to appoint a replacement to serve the balance of the unexpired term plus one (1) full
term of four (4) years. 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. (46 ame.pale - effe -tive -11-'Re6, 19:74, apd- Decce -bee
2n
There shall be a Planning Commission consisting of seven members which shall have the power
and be required to:
Updated 6-22-12
a) After a public hearing thereon, recommende4 to the City Council the adoption,
amendment or repeal of a Master General 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.
d4cL_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 duty -and be required to:
a) Advise the City Council, Library Director, and City Manager as to the administration of
City libraries.
Have ch@Fge ef and make and eRferce such by laws, Fuiles @Rd FegulatieH-S-
as may be Recessary theFefer
4'�s.gRacc-OtS OWR secretary.
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.
Make recommendations to the Library Director regarding the 42purchase and acquisition
of aequiFe books, journals, maps, publications and other supplies peculiar to the needs of
the library., subject, r, t6Tthe -rn-rrrtati6R-crvf- the -cracrgerfor �-such r��'"pvcic"s. The
expeRditure and disbursement ef funds for such purchases shall be made and appre
as elsewhere ir, this Charter p i dee
e}d) Make recommendations to the City Manager regarding the ^r,r,r,,ve „r .disapY.Feye the
appointment, suspension or removal of the Library+a-a 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 -
Thi, PaFks RP--,rchp-c -,nd, QP-,.rP--,+;,,,, r,,, -,,,,,,c- ,,,r which shall have the power and duty and be
required to:
19
Updated 6-22-12
a) Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches,
recreation, parkways and street trees.
b) ,
+h„r„+„ +., the City Ge RGI -anal the City ManageF
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. (As arRendeclby ap;eedmems effeGt+ve-April 29, 1966, aRrd-
june 6, 197-4
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.
Article VIII - Civil Service System
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.
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.
20
Updated 6-22-12
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 aggly to anv emplovees
within the civil system at the time of the Citv Council vote.
Article XI - Fiscal Administration
Section 1101 Annual Budget. Preparation by the City Manager.
At such date as the City Manager shall determine, each beaFd OF G^mmi«i^^ and each
department head shall furnish to the City Manager estimates of revenue and expenditures for
his or her department f^: sue.h. _hI I. r^mm « ^^ 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, beards OF and may revise the estimates as he or she may deem advisable.
(As amended by amendments effective on December 20, 2010)
Section 1106 Centralized Purchasing.
Under the control and direction of the City Manager there shall be established a centralized
purchasing system for all City departments and agencies, except as otherwise in this Charter
provided.
Section 1114 Claims and Demands.
Except as otherwise provided by the provisions of State law applicable to chartered cities, all
claims and demandsfe es against the City shall be filed as prescribed by ordinance. Class
claims and representative claims are prohibited and may not be pursued against the Ci
including, but not limited to, a claim for the refund of taxes and/or fees.
21
NSA
■
11, M.- I
=1 NO 1111111110-111
■
.. Jam.
_
21
Updated 6-22-12
Section 1115 Reserve d°=a=_rAPFdRo ^_^^�^�'6
demands shall be paid iH the erder ef their registFatffieR wheR fuRds therefeF are available and
sh-all be@r ffiRteFest fpeF�n the date ef FegistFatiei4 atsur_-h rate as shall be fixed by the C#Y-
f'r.YRGil b r e!YtieR (AS Y,.J,rl.,ff,.+ 1,'@R aF 20 195
Section 1116 Independent Audit and Financial Statement.
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 SeGR as pFaetweable
Within 270 days 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, available on the City's website or electronic
equivalent, and a summary hof 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
Section 1200 Reservedstate I ., G.,,,eFRS
The MaRRer iR which, the times at which, and the terms fer which the RiemberS E)f BE)ardS Of
the Rumber which Shall GE)Rstitute aRY E)Re E)f such beards shall be as RE)w Or hereaft
rs
prose rE bythe EducatieR Code of the State Af Q4'*fAPAiA
Section 1201 Reserved «^+.,f rhaFter
The adept a OR E)f the ChaFter shall REA have the effect of ereatiRg aRY Rew scheel diStFiGt ROF
shall the adeptieR ef thos Charter have aRy effect UPE)R the existeRee eF 19E)WRdaFies of aRY
preseRt scheel districts withiR the City er ef whieh the City cemprises a part, but such present
scheel dostriets shall centuRue OR existence subject te the previsieRs ef the laws ef the State E)f
22
..
_�Mee
Im
-
Section 1115 Reserve d°=a=_rAPFdRo ^_^^�^�'6
demands shall be paid iH the erder ef their registFatffieR wheR fuRds therefeF are available and
sh-all be@r ffiRteFest fpeF�n the date ef FegistFatiei4 atsur_-h rate as shall be fixed by the C#Y-
f'r.YRGil b r e!YtieR (AS Y,.J,rl.,ff,.+ 1,'@R aF 20 195
Section 1116 Independent Audit and Financial Statement.
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 SeGR as pFaetweable
Within 270 days 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, available on the City's website or electronic
equivalent, and a summary hof 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
Section 1200 Reservedstate I ., G.,,,eFRS
The MaRRer iR which, the times at which, and the terms fer which the RiemberS E)f BE)ardS Of
the Rumber which Shall GE)Rstitute aRY E)Re E)f such beards shall be as RE)w Or hereaft
rs
prose rE bythe EducatieR Code of the State Af Q4'*fAPAiA
Section 1201 Reserved «^+.,f rhaFter
The adept a OR E)f the ChaFter shall REA have the effect of ereatiRg aRY Rew scheel diStFiGt ROF
shall the adeptieR ef thos Charter have aRy effect UPE)R the existeRee eF 19E)WRdaFies of aRY
preseRt scheel districts withiR the City er ef whieh the City cemprises a part, but such present
scheel dostriets shall centuRue OR existence subject te the previsieRs ef the laws ef the State E)f
22
Updated 6-22-12
Article XIV — Miscellaneous
Section 1400 Definitions.
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 eranted to, or a dutv 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 emplovee or by a person otherwise dulv authorized pursuant to law or
ordinance.
c) "County" is the County of Orange.
d) "State" is the State of California.
23