HomeMy WebLinkAbout2012-34 - Updated List of Charter Sections for Review by Charter Update CommitteeRESOLUTION NO. 2012 -34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH UPDATING THE LIST OF CITY CHARTER SECTIONS TO BE
REVIEWED BY THE CHARTER UPDATE COMMITTEE.
WHEREAS, Resolution No. 2012 -32 created the Charter Update Committee and
was adopted by the City Council at the May 8, 2012 City Council meeting; and
WHEREAS, the City Council shall direct which Charter Sections the Charter
Update Committee will review and provide recommendations to the City Council.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
SECTION 1. The Committee is empowered and instructed to review issues that
are approved by the City Council for the purpose of updating and modernizing the City
Charter.
SECTION 2. Exhibit 2 to Resolution No. 2012 -32 is hereby replaced with the
Exhibit 2 attached thereto.
SECTION 2. This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 22nd day of May, 2012.
ATTEST:
Leilani I. Brown
City Clerk
Nancy
Mayor
EXHIBIT 2
Current Charter's Language
Proposed Revision
Reason Why
Section 103 (Continuance of Present Officers and Employees.) The
Delete entire section.
This section is from the
present officers and employees shall continue without interruption to
adoption of the original
perform the duties of their respective offices and employments upon the
Charter and is no longer
same conditions and for the compensation provided by the existing
applicable.
ordinances, resolutions, rules or laws, until the election, or appointment,
and qualification of their successors under this Charter and subject to such
removal and control as is provided in this Charter. The terms of office of
elective officers whose offices are made appointive under this Charter shall
expire upon the appointment of their successors, respectively.
Section 105 (Pending Action and Proceedings.) No action or
Delete entire section.
This section is from the
proceeding, civil or criminal, pending at the time when this Charter takes
adoption of the original
effect, brought by or against the City or any officer, office, department or
Charter and is no longer
agency thereof, shall be affected or abated by the adoption of this Charter
applicable.
or by anything herein contained, but all such actions or proceedings may
be continued notwithstanding that functions, powers and duties of any
officer, office, department or agency party thereto, by or under this Charter,
may be assigned or transferred to another officer, department or agency,
but in that event the same may be prosecuted or defended by the head of
the office, department or agency to which such functions, powers and
duties have been assigned or transferred by or under this Charter.
Section 106 (Effective Date of this Charter.) This Charter shall take
This proposed revision
The change reflects the
effect upon its approval by the Legislature.
adds language
amendment process
regarding the process
provided in the California
to amend the Charter.
Constitution.
Section 200 (Powers.) The City shall have the power to make and enforce
Minor revision to
The revision is intended to
all laws, rules and regulations in respect to municipal affairs, subject only to
replace the word "and"
reflect the intent of the
such restrictions and limitations as may be provided in this Charter and in
with "or"
section in relation to the
the Constitution of the State of California, It shall also have the power to
limitation on the City's
exercise, or act pursuant to any and all rights, powers, privileges, or
authority to act.
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.
Section 402 A (Compensation.)
This proposed revision
This section is proposed to
The members of the City Council shall receive no compensation for their
would reflect the
be revised to collapse
services as such. (As amended by amendments effective on April 23, 1958,
current monthly
existing Section 402 B and a
April 28, 1966, June 6, 1974, and April 8, 1980.)
stipend amount re-
part from Section 404 into
ceived by the City
one section that re- classifies
Council /Mayor.
the 'reimbursement'
received by Council
Members and the Mayor as
"compensation" because it is
more accurate to call it
compensation.
Section 402 B (Reimbursement for Expenses.) The members of the City
This section is
As explained above, this
Council shall receive reimbursement on order of the City Council for
proposed to be
section is proposed to be
Council authorized traveling expenses when on official duty. In addition,
deleted and collapsed
removed and included in
each member shall receive the sum of four hundred forty -one dollars and
into Section 402.
Section 402.
Fifteen Cents ($441.15) per month, adjusted annually in accordance with
the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price
Index, or five percent (5 %) whichever amount is lesser, as reimbursement
for other expenditures imposed upon him in serving as a City
Councilmember. Absence of a Councilmember from all regular and special
meetings of the Council during any calendar month shall render such
Councilmember ineligible to receive such sum for such calendar month. (As
amended by amendments effective April 23, 1958, April 28, 1966, June 6,
1974, April 8, 1980, and December 20, 2010)
Section 404 (The Mayor. Mayor Pro Tempore.) On the date of any
The Mayor stipend is
As explained above, the
meeting of the City Council at which time the Council receives the
proposed to be
provision within this section
certification of the results of any general or special municipal election at
removed from this
that relates to Mayoral
which any member of Council is elected, the City Council shall, after
Section and included
allowance is proposed to be
swearing and qualifying any newly elected member, elect one of its
in Section 402.
removed and included in
members as its presiding officer, who shall have the title of Mayor. The
Section 402.
ICA
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.
Section 407 (Regular Meeting.) The City Council shall hold regular
This section is proposed
Sometimes the City Council
meetings at least twice each month at such times as it shall fix by
to be simplified by not
doesn't need to meet twice
ordinance or resolution and may adjourn or re- adjourn any regular meeting
requiring Council to
in one month — like August
to a date and hour certain which shall be specified in the order of
meet when it has no
and December. Additionally,
adjournment and when so adjourned each adjourned meeting shall be a
need to do so, and
requiring compliance
this section is proposed to
regular meeting for all purposes. If the hour to which a meeting is adjourned
with the Brown Act,
be amended to reflect
is not stated in the order of adjournment such meetings shall be held at the
rather than listing out
current practices and allow
hour for holding regular meetings. If at any time any regular meeting falls
duplicative language on
for the efficient operation of
on a holiday such regular meeting shall be held on the next business day.
how compliance will be
City government in
achieved.
accordance with State law.
Section 408 (Special Meetings.) Special meetings may be called at any
This section is
This section is proposed to
time by the Mayor, or by four members of the City Council, by written notice
proposed to be
be amended to reflect
delivered personally to each member and to each local newspaper of
amended to require
current practices and allow
general circulation and to each radio and television station which has made
compliance with the
for the efficient operation of
written request at least twenty -four hours before the time specified for the
Brown Act and
City government in
proposed meeting. A special meeting may also be validly held without the
remove duplicative
accordance with State law.
giving of such written notice, if required to be held by this Charter or if all
language explaining
members shall give their consent, in writing, to the holding of such meeting
how compliance will
and such consent is on file in the office of the City Clerk at the time of such
be achieved.
meeting. A telegraphic communication from a member consenting to the
holding of a meeting shall be considered a consent in writing. At any
special meeting only such matters may be acted upon as are referred to in
such written notice or consent. (As amended effective June 6; 1974.)
Section 409 (Place of Meetings.) All meetings shall be held in the Council
This proposed revision
This section is proposed to
Chambers of the City Hall, or in such place to which any such meeting may
would expand the
be amended to reflect
be adjourned, and shall be open to the public. If, by reason of fire, flood or
locations where a City
current practices and allow
other emergency, it shall be unsafe to meet in the place designated, the
Council meeting may
for the efficient operation of
3
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.
be held as allowed by
the Brown Act.
City government in
accordance with State law.
Section 410 (Quorum. Proceedings.) A majority of the members of the
This section is
An electronic recorded vote
City Council shall constitute a quorum to do business but a less number
proposed to be
should suffice, and is more
may adjourn from time to time. In the absence of all the members of the
amended to remove a
efficient.
Council from any regular meeting or adjourned regular meeting, the City
roll call verbal vote
Clerk may declare the same adjourned to a stated day and hour. Notice of
relating to payment of
a meeting adjourned by less than a quorum or by the Clerk shall be given
money.
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, and upon the adoption of any ordinance,
resolution, or order for the payment of money, the City Clerk shall call the
roll and shall cause the ayes and noes taken on such questions to be
entered in the minutes of the meeting.
Section 412 (Adoption of Ordinances and Resolutions.) With the sole
This proposed revision
This section is proposed to
exception of ordinances which take effect upon adoption, referred to in this
would recognize the
be amended to allow for the
Article, no ordinance shall be adopted by the City Council on the day of its
City Council's ability to
efficient operation of City
introduction, nor within five days thereafter nor at any time other than at a
introduce and adopt
government in accordance
regular or adjourned regular meeting. At the time of its introduction an
an ordinance at a
with State law.
11
ordinance shall become a part of the proceedings of such meeting in the
regular and special
custody of the City Clerk. At the time of adoption of an ordinance or
meeting.
resolution it shall be read in full, unless after the reading of the title thereof,
the further reading thereof is waived by unanimous consent of the Council
members present. In the event that any ordinance is altered after its
introduction, the same shall not be finally adopted except at a regular or
adjourned regular 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. No order for the payment of money
shall be adopted or made at any other than a regular or adjourned regular
meeting.
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 affirma-
tive votes. (As amended by amendments effective on December 20, 2010)
Section 418 (Ordinances. Amendment.) The amendment of any section
This proposed revision
This section is proposed to
or sections of an ordinance may be accomplished solely by the
would allow a single
be amended to conserve
reenactment of such section or sections at length, as amended.
section to be
City resources and allow for
amended without
the efficient operation of City
requiring an entire
government.
ordinance to be
restated.
Section 421 (Contracts. Execution.) The City shall not be bound by any
This proposed revision
This section is proposed to
contract, except as hereinafter provided, unless the same shall be made in
would revise language
be amended to provide
writing, approved by the City Council and signed on behalf of the City by
to meet the intent of
greater clarity and to reflect
the Mayor and City Clerk or by such other officer or officers as shall be
the City's contract
current practices.
designated by the City Council. Any of said officers shall sign a contract on
execution powers by
behalf of the City when directed to do so by the City Council. By ordinance
specifically
5
or resolution the City Council may authorize the City Manager to bind the
referencing
City, with or without a written contract, for the acquisition of equipment,
employees designated
materials, supplies, labor, services or other items included within the
by the City Council.
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 425 (City Hall.) City Hall, and the administrative offices of the City
This proposed revision
The Police HQ is not at City
of Newport Beach, and related parking, shall be located on and within the
would clarify that not
Hall, nor is Lifeguard
12.82 acres of real property owned by the City of Newport Beach described
all City administrative
Administration.
as Parcel 3 of Parcel Map No. 90 -361 in the City of Newport Beach, which
functions such as
is bounded by Avocado Ave. on the west, San Miguel Dr. on the north, and
Police Administration
MacArthur Blvd. on the east, and the Newport Beach Central Library on the
will be located at the
south. (Added by amendment effective March 3, 2008.)
new City Hall.
Section 503 (Compensation and Bond.) The City Manager shall be paid
This revision proposes
Bonding requirements for
a salary commensurate with his or her responsibilities as chief
to remove the City
city personnel are not used
administrative officer of the City, which salary shall be established by
Manager bonding
anymore.
ordinance or resolution. The City Manager shall furnish a corporate surety
requirement and allow
bond in such form and in such amount as may be determined by the City
his salary to be
Council. (As amended by amendments effective on December 20, 2010.)
established in the
same manner as the
City Clerk and City
Attorney,
9
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 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. (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 adminis-
trative 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.)
7
This proposed revision
would add the word
"may" to the sentence
explaining the City
Manager's
responsibilities.
This amendment is intended
to provide consistency in the
way responsibilities are
provided within the Charter.
Section 505 (Meetings.) The City Manager shall be accorded a seat at the
This section is
The City Manager doesn't
City Council table and at all meetings of boards and commissions and shall
proposed to be
need to "sit at the Council
be entitled to participate in their deliberations, but shall not have a vote.
amended to remove
table."
the City Manager's
right to a seat at the
Council table, while
preserving his or her
ability to attend
meetings of the City
Council and the City's
boards, commissions,
and committees.
Section 507 (Manager Pro Tempore.) The City Manager shall appoint,
This section is
Today, when the City
subject to the approval of the City Council, one of the other officers or
proposed to be an
Manager is out of town, he
department heads of the City to serve as Manager Pro Tempore during any
amended to remove
or she designates an Acting
temporary absence or disability of the City Manager. If he fails to make
the requirement that
City Manager and informs
such appointment, the City Council may appoint an officer or department
the City Manager
the Council who that is..
head to serve as such Manager Pro Tempore.
obtain the City
Council's approval
before appointing an
acting city manager.
Section 602 (City Attorney. Powers and Duties.) To become and remain
This section is
This revision is intended to
eligible for City Attorney the person appointed shall be an attorney at law
proposed to be
reflect current practices.
duly licensed as such under the laws of the State of California, and shall
amended to allow the
have been engaged in the practice of law for at least three years prior to his
City Attorney to attend
or her appointment. The City Attorney shall have power and may be
all meetings of the
required to: (a) Represent and advise the City Council and all City Officers
City Council and any
in all matters of law pertaining to their offices. (b) Prosecute on behalf of the
board, commission, or
people any or all criminal cases arising from violation of the provisions of
committee meeting
this Charter or City ordinances. He or she shall prosecute misdemeanor
when requested.
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 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. (As
amended effective April 28, 1966, and December 20, 2010.)
Section 603 (City Clerk. Powers and Duties.) The City Clerk shall have
This section is
This amendment is intended
power and be required to: (a) Attend all meetings of the City Council unless
proposed to be
to provide consistency in the
excused and be responsible for the recording and maintaining of a full and
amended to insert the
way responsibilities are
true record of all of the proceedings of the City Council in books that shall
word "may" to the
provided in the Charter.
bear appropriate titles and be devoted to such purpose. (b) Maintain
sentence explaining
separate books, in which shall be recorded respectively all ordinances and
the City Clerk's
resolutions, with the certificate of the Clerk annexed to each thereof stating
responsibilities.
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 605 Director of Finance. There shall be a Director of Finance
This section is
This amendment is intended
appointed by the City Manager and subject to suspension or removal by
proposed to be
to provide consistency in the
the City Manager who shall have power and shall be required to: (a) Have
amended to insert the
way responsibilities are
charge of the administration of the financial affairs of the City under the
word "may' to the
provided in the Charter.
direction of the City Manager, and be head of the Finance Department of
sentence explaining
the City. (b) Compile the budget expense and income estimates for the City
the Finance Director's
Manager. (c) Maintain a general accounting system for the City government
responsibilities.
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. (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 desig-
nated 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;
10
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. Q)
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 608 (Illegal Contracts. Financial Interest.) No member of the
This section is
This section is proposed to
City Council, department head or other officer of the City (except a member
proposed to be
be amended to more closely
of any board or commission), shall be financially interested, directly or
amended to more
track State law.
indirectly, in any contract, sale or transaction to which the City is a party.
closely follow
No member of any board or commission shall be financially interested
California Government
directly or indirectly, in any contract, sale or transaction to which the City is
Code Section 1090 et
a party and which comes before the board or commission of which such
seq.
person is a member for approval or other official action or which pertains to
the department, office or agency of the City with which such board or
commission is connected. Any contract, sale or transaction in which there
shall be such an 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 or commission shall be deemed to be
financially interested, within the meaning of the foregoing provisions, in 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. If any member of the City Council, department
head or other officer of the City, or member of a board or commission 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 amended by amendments
effective on December 20, 2010.)
11
Section 609 (Acceptance of Other Office.) Any elective officer of the City
This section is
This section is proposed to
who shall accept or retain any other elective public office, except as
proposed to be
be amended to more closely
provided in this Charter, shall be deemed thereby to have vacated his or
amended to more
track State law.
her office under the City Government. (As amended by amendments
closely follow the
effective on December 20, 2010)
incompatible office
doctrine in California
Government Code
Section 1099.
Section 611 (Official Bonds.) The City Council shall fix by ordinance or
This section is
This section is proposed to
resolution the amounts and terms of the official bonds of all officials or
proposed to be
be removed to conserve City
employees who are required by this Charter or by ordinance to give such
deleted to remove the
resources and remove an
bonds. All bonds shall be executed by responsible corporate surety; shall
bond language.
antiquated bonding
be approved as to form by the City Attorney, and shall be filed with the City
requirement.
Clerk. Premiums on official bonds shall be paid by the City.
There shall be no personal liability upon, or any right to recover against, a
superior officer, or his or her bond, for any wrongful act or omission of his
or her subordinate, unless such superior officer was a party to, or conspired
in, such wrongful act or omission. (As amended by amendments effective
on December 20, 2010)
Section 700 (In General.) There shall be the following named boards and
This section is
This revision provides more
commissions which shall have the powers and duties herein stated. In
proposed to be
flexibility to the City and
addition, the City Council may create by ordinance such additional advisory
amended to allow
streamlines City
boards or commissions as in its judgment are required, and may grant to
boards and
government.
them such powers and duties as are consistent with the provisions of this
commissions to be
Charter.
created by ordinance
and resolution.
Section 702 (Appointment. Terms.) The members of each of such boards
This section is
This section is proposed to
or commissions shall be appointed by the City Council from the qualified
proposed to be
be amended as part of the
electors of the City, none of whom shall hold any paid office or employment
amended to allow the
City's current effort to reform
in the City Government. They shall be subject to removal by motion of the
City Council to
and streamline the City's
City Council adopted by at least four affirmative votes. The members
establish the initial
boards, commissions, and
thereof shall serve for a term of four years and until their respective
term of a charter,
committees.
successors are appointed and qualified. The members first appointed to
board or commission
such boards and commissions shall so classify themselves by lot that the
member at the time
term of one of each of their number shall expire each succeeding July first.
the board or
iN
Where the total number of the members of a board or commission to be
commission is
appointed exceeds four, the classification by lot shall provide for the pairing
created.
of terms to such an extent as is necessary in order that the terms of at least
one and not more than three shall expire in each succeeding year.
Thereafter, any appointment to fill an unexpired term shall be for such
unexpired period. (As amended effective April 1, 1955.)
Section 703 (Existing Boards.) The respective terms of office of all
Deletion of entire
This section is from the
members of the boards and commissions in existence at the time this
section.
adoption of the original
Charter takes effect shall terminate upon the effective date of this Charter.
Charter and is no longer
The present members of the boards and commissions which will continue
applicable.
in effect under this Charter shall be deemed reappointed to the respective
boards and commissions of which they are members as first appointed
members thereof under this Charter.
Section 704 (Meetings. Chairperson.) As soon as practicable, following
This section is
This section is proposed to
the first day of July of every year, each of such boards and commissions
proposed to be
be amended as part of the
shall organize by electing one of its members to serve as presiding officer
amended to conserve
City's current effort to reform
at the pleasure of such board or commission. Each board or commission
City resources and
and streamline the City's
shall hold regular meetings at least once each month and such special
require boards and
boards, commissions, and
meetings as such board or commission may require. All proceedings shall
commissions to
committees.
be open to the public. Except as may be otherwise provided in this Charter,
operate according to
the City Manager shall designate a secretary for the recording of minutes
the Brown Act.
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 amended
by amendments effective on December 20, 2010)
Section 705 (Compensation. Vacancies.) The members of boards and
This section is
This section is proposed to
commissions shall serve without compensation for their services as such
proposed to be
be amended as part of the
but may receive reimbursement for necessary traveling and other expenses
amended to remove
City's current effort to reform
13
incurred on official duty when such expenditures have received
the requirement that
and streamline the City's
authorization by the City Council. In addition, the City Council may by
an appointment to a
boards, commissions, and
resolution fix an amount as reimbursement of other expenditures incurred
vacated position be
committees.
by the members of boards and commissions while in the performance of
limited to the
their official duties. Any vacancies in any board or commission, from
remainder of the
whatever cause arising, shall be filled by appointment by the City Council.
vacated term.
Upon a vacancy occurring leaving an unexpired portion of a term, any
appointment to fill such vacancy shall be for the unexpired portion of such
term. 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. (As amended effective June 6,
1974, and December 20, 2010.)
Section 707 Planning Commission. Powers and Duties. The Planning
This section is
It's appropriate (and
Commission shall have the power and be required to: (a) After a public
proposed to be
required) for the Planning
hearing thereon, recommended to the City Council the adoption, amend-
amended to clarify the
Commission to review the
ment or repeal of a Master Plan, or any part thereof, for the physical
Commission's role in
Capital Improvement
development of the City. (b) Exercise such control over land subdivisions
the review of Public
Program (CIP) as submitted,
as is granted to it by ordinance not inconsistent with the provisions of this
Works projects.
but for the main purpose of
Charter. (c) Make recommendations to the City Council concerning
assuring its consistency with
proposed public works and for the clearance and rebuilding of blighted or
planning and zoning issues.
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.
Section 708 (Board of Library Trustees. Powers and Duties.) There
This section includes
Today, this section is
shall be a Board of Library Trustees consisting of five members which shall
a number of proposed
contrary to a Council -
have the power and duty to: (a) Have charge of the administration of City
revisions intended to
Manager form of government
libraries and make and enforce such by -laws, rules and regulations as may
clarify that the Library
in at least these ways:
be necessary therefor. (b) Designate its own secretary. (c) Consider the
Board is an advisory
O The Council has control
annual budget for library purposes during the process of its preparation and
body to the City
over City libraries.
make recommendations with respect thereto to the City Council and City
Council.
O The Council directs the
Manager. d Purchase and acquire books, journals, maps, publications
10
and other supplies peculiar to the needs of the library, subject, however, to
the limitations of the budget for such purposes. The expenditure and
disbursement of funds for such purchases shall be made and approved as
elsewhere in this Charter provided. (e) Approve or disapprove the
appointment, suspension or removal of the Librarian, who shall be the
department head. (f) Accept money, personal property or real estate
donated to the City for library purposes, subject to the approval of the City
Council. (g) Contract with schools, county or other governmental agencies
to render or receive library services or facilities, subject to the approval of
the City Council.
purchase of books,
journals, etc.
C The City Manager is the
person responsible for
selecting, suspending, or
removing the Library
Director.
Section 709 (Parks, Beaches and Recreation Commission. Powers
This section is
Review of the City's parks
and Duties.) There shall be a Parks, Beaches and Recreation Commission
proposed to be
and recreation budget by the
consisting of seven members. The Parks, Beaches and Recreation
revised to remove the
Commission may be
Commission shall have the power and duty to: (a) Act in an advisory
requirement that the
desirable from time to time,
capacity to the City Council in all matters pertaining to parks, beaches,
Commission review
but the directive to do so
recreation, parkways and street trees. (b) Consider the annual budget for
the annual budget.
need not be in the City
parks, beaches, recreation, parkways and street tree purposes during the
Charter.
process of its preparation and make recommendations with respect thereto
to the City Council and the City Manager. (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 amended by
amendments effective April 28, 1966, and June 6, 1974.)
Section 710 (Civil Service Board.) The Civil Service Board shall consist of
This section is
This was unintentionally
five members, none of whom while a member of the board, or for a period
proposed to include
omitted from the 2010
of one year after he has ceased for any reason to be a member, shall
the word "she."
Gender Neutral Charter
occupy or be eligible for appointment to any salaried office or employment
Amendment
in the service of the City. The members of the Civil Service Board shall be
15
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 801 (Positions Included in the System.) The civil service system
This section is
In several cases, high -level
shall include all full time, regular and permanent positions or employment
proposed to remove
management employees and
on the Police and Fire Department of the City and may, by ordinance,
certain management
.'confidential" employees
include any other appointive officers or positions in the service of the City
positions from the Civil
should be outside of the Civil
except the following: 1. All elective officers. 2. City Manager, Assistant City
Service System.
Service system to ensure
Manager, if any, one executive assistant to the City Manager, City Attorney,
that they remain "at will"
Assistant City Attorney, if any, City Clerk, Director of Finance, City
employees
Engineer, all Department Heads, and Assistant Chiefs in the Police and
Fire Departments. 3. All members of boards and commissions. 4. 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. 5. Persons employed to render professional, scientific, technical or
expert service. 6. Persons who render part-time service without pay or who
are paid on an hourly or per diem basis. (As amended effective January 20,
1959, and December 20, 2010.)
Section 1101 (Annual Budget. Preparation by the City Manager.) At
This revision removes
This change is intended to
such date as the City Manager shall determine, each board or commission
the need for each
reflect current practices.
and each department head shall furnish to the City Manager estimates of
revenue and expenditures for his or her department for such board of
board and commission
commission for the ensuing fiscal year, detailed in such manner as may be
to submit a budget for
prescribed by the City Manager. In preparing the proposed budget, the City
its activities.
Manager shall review the estimates, hold conferences thereon with the
respective department heads, boards or commissions and may revise the
estimates as he or she may deem advisable. (As amended by amendments
effective on December 20, 2010.)
16
Section 1114 (Claims and Demands.) Except as otherwise provided by
This section is
This section is proposed to
the provisions of State law applicable to chartered cities, all claims for
proposed to be
be amended in response to
damages against the City shall be filed as prescribed by ordinance.
amended to clarify the
a recent case from Los
All other demands against the City must be in writing and may be in the
process for making
Angeles regulating class
form of a bill, invoice, payroll, or formal demand. Each such demand shall
claims and demands
action lawsuits against public
be presented to the Director of Finance within ninety days after the last item
against the City.
agencies.
of the account or claim accrued. The Director of Finance shall examine the
same. If the amount thereof is legally due and there remains on his books
an unexhausted balance of an appropriation against which the same may
be charged, he shall approve such demand and provide for its payment out
of the property fund. Otherwise he shall reject it. The City Council may
overrule any rejection by the Director of Finance and order the demand
paid. The Director of Finance shall transmit such demand, with his approval
or rejection thereof endorsed thereon, to the City Manager. If a demand is
one for an item included within an approved budget appropriation, it shall
require the approval of the City Manager, otherwise it shall require the
approval of the City Council, following the adoption by it of an amendment
to the budget authorizing such payment. Any person dissatisfied with the
refusal of the City Manager to approve any demand, in whole or in part,
may present the same to the City Council which, after examining into the
matter, may approve or reject the demand in whole or in part. (As amended
by amendments effective on January 20, 1959, and April 28, 1966)
Section 1115 (Registering Demands.) Demands on the City which are not
Deletion of entire
This section is from the
paid for lack of funds shall be registered. All registered demands shall be
section.
adoption of the original
paid in the order of their registration when funds therefor are available and
Charter and is no longer
shall bear interest from the date of registration at such rate as shall be fixed
applicable.
by the City Council by resolution. (As amended effective January 20, 1959)
Section 1116 (Independent Audit.) The City Council shall employ at the
This section is
This change would follow
beginning of each fiscal year, a qualified certified public accountant who
proposed to be
State law, save money on
shall, at such time or times as may be specified by the City Council, and at
amended to clarify
publishing and conserve
such other times as he shall determine, examine the books, records,
that the City only
City's resources. The
inventories and reports of all officers and employees who receive, handle or
needs to publish a
financial system is already a
disburse public funds and of all such other officers, employees or
summary of the
public document and is
17
departments as the City Council may direct. As soon as practicable after
financial transaction
made available to the public
the end of the fiscal year, a final audit and report shall be submitted by
report.
on the City's website and at
such accountant to the City Council, one copy thereof to be distributed to
public counters.
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 copy of the financial statement as of
the close of the fiscal year shall be published in the official newspaper.
(Section 1117 as amended effective January 20, 1959, and renumbered by
amendment effective April 28, 1966.)
Section 1200 (State Law Governs.) The manner in which, the times at
Deletion of entire
This section is from the
which, and the terms for which the members of Boards of Education shall
section.
adoption of the original
be elected or appointed, their qualifications, compensation and removal
Charter and is no longer
and the number which shall constitute any one of such boards shall be as
applicable.
now or hereafter prescribed by the Education Code of the State of
California.
Section 1201 (Effect of Charter.) The adoption of the Charter shall not
Deletion of entire
This section is from the
have the effect of creating any new school district nor shall the adoption of
section.
adoption of the original
this Charter have any effect upon the existence or boundaries of any
Charter and is no longer
present school districts within the City or of which the City comprises a part,
applicable.
but such present school districts shall continue in existence subject to the
provisions of the laws of the State of California as the same now exists or
hereafter may exist.
Section 1400 (Definitions.) Unless the provision or the context otherwise
This section is
This language is already in
requires, as used in this Charter: (a) "Shall' is mandatory, and "may" is
proposed to be
the Municipal Code and the
permissive. (b) "City' is the City of Newport Beach and "department,"
amended to allow
change allows for
"board," "commission," "agency," 'officer," or "employee," is a department,
deputies to act in the
consistency in the execution
board, commission, agency, officer or employee, as the case may be, of
place of a public
of duties.
the City of Newport Beach. (c) "County' is the County of Orange. (d) "State'
officer.
is the State of California.
it -]
EXHIBIT 1
CHARTER UPDATE COMMITTEE
AUTHORIZATION: Established by Resolution No. 2012 -32, adopted on
May 8, 2012; and amended by Resolution No. 2012 -35,
adopted on May 22, 2012.
MEMBERSHIP: The Committee shall consist of five (5) citizens of the
community appointed by the City Council. The City
Council shall make an effort to appoint one (1) member from
each district of the City, but if there are no qualified
applicants from any district that position may be filled by an
applicant from another district.
The Committee shall also include a non -voting Council
liaison and liaison alternate.
TERM: This will be a short -term obligation, as the Committee is
currently scheduled to complete its work by July 2012.
PURPOSE &
RESPONSIBILITIES: A. To consider possible updates to the City Charter so
that an updated measure can be placed on the
November 2012 ballot.
B. The Committee is empowered and instructed to
review the issues approved by the City Council, may
also review the City Charter and make
recommendations to the City Council for expanding
the list of issues to be addressed.
C. The Committee shall not, however, expend resources
on pursuing issues that have not been approved for
review by the City Council.
D. The Committee members shall make every effort to
attend meetings on May 24, May 31, June 7, June 14,
June 21, June 28, July 5, 2012, and other dates
scheduled by the Committee, or recommend
alternative dates if unable to attend.
Section I - Page 8 05 -22 -2012
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify
that the whole number of members of the City Council is seven; that the foregoing resolution, being
Resolution No. 2012 -34 was duly and regularly introduced before and adopted by the City Council of said
City at a regular meeting of said Council, duly and regularly held on the 22nd day of May, 2012, and that
the same was so passed and adopted by the following vote, to wit:
Ayes:
Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner
Noes:
None
Absent:
None
Abstain:
Henn
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official
seal of said City this 23rd
day of May, 2012.
A�
City Clerk
Newport Beach, California
(Seal)