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HomeMy WebLinkAbout2012-70 - Calling and Giving Notice of the Holding of General Municipal ElectionRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 TITLE OF DOCUMENT: Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk Recorder illli lillillllllllllllllllll {I(Illllllli(Illllilllllilll NO FEE *$ R 0 0 0 5 4 3 3 2 2 7% 201200078330610;51 am 12118/12 232 403 R28 15 0.00 0.00 0.00 0.00 42.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. 64 Exempt Recording Request per Government Code 27383 RESOLUTION NO. 2012 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 2012 FOR THE SUBMISSION OF PROPOSED CHARTER AMENDMENTS ZN;ZUE3 'ORRECTCOPY CITY( LERK OFTHE CIT ' {OF NEWPORT REACH DATE k �tiwraaRT �<IFOPNtP RESOLUTION NO, 2012 -70 CERTIFIED AS A TRUE & C/ORRECT COPY .^ MAYOR OF THE {CITY F UEN"PORT REACIT DATE 1z1 ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 2012 FOR THE SUBMISSION OF PROPOSED CHARTER AMENDMENTS WHEREAS, pursuant to authority provided by Article X# of the California Constitution, Title 4, Division 2, Chapter 2 of the California Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the California Elections Code, the City Council of the City of Newport Beach desires to submit to the voters proposed Charter amendments relating to various provisions within the Charter; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed Charter amendments to the voters. NOW, THEREFORE, THE COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Article XI of the California Constitution, Title 4, Division 2, Chapter 2 of the California Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the California Elections Code, there is called and ordered to be held in the City of Newport Beach, California on Tuesday, November 6, 2012, a General Municipal E",ection for the purpose of submitting the following proposed Charter amendment measure: Various Amendments to City Charter Shall the Charter be amended to: prohibit red light cameras; expand conflicts of interest proteotions; snake revisions to Council regulations, powers, and procedures; uniformly set officer compensation; allow offsite administrative offices, adjust officers' powers and duties; adjust board /commission duties, regulations, and formation; refine financial reporting requirements; consolidate and maintain Council compensation at current levels; delete outdated sections; clarify existing sections; prohibit class action claims; remove duplicative lanouaae: and align sections with State law? YES SECTION 2. The full text of the Charter amendments submitted to the voters by the ballot measure in Section 1 is attached to this Resolution as Exhibit 1. SECTION 3. The ballots to be used at the November 6, 2012 election shall be in a form and content as required by law. SECTION 4. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, . equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. The polls shall be open at seven o'clock a.m. (7:00 a.m.) on the day of the election and shall remain open continuously from that time anti= eight o'clock p.m. (8:00 p,m.) of the same day when the polls shall be closed, except as provided in California Election Code Section 14401, SECTION 6. In all particulars not recited in this Resolution; the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 24th day of July, 2012. ATTEST: Leilani 1. Brown City Clerk Nancy Card6hr Mayor . -.' f *:(:i"a CHARTER OF THE CITY OF NEWPORT BEACH Article I - Incorporation and Succession Section 103 Reserved. Section 108 Reserved. Section 106 Effective Date of this Charter. This Charter shall take effect upon its approval by the Legislature and any amendment hereto shall be effective when filed pursuant to the California Constitution. 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 or in the Constitution of the State of California It shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges, or procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. Article IV - City Council Section 402, Compensation. 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 expenditures imposed upon him or her in serving as a City Councilmember. The Mayor 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, Consumer 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. Section 404 The Mayor. Mayor Pro Tempore. On the date of any meeting of the City Council at which time the Council receives the certification of the results of any general or special municipal election at which any member of Council is elected, the City Council shall, after swearing and qualifying any newly elected member, elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the city government to the people, and, as occasion requires, the Mayor may inform the people of any change in such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council, 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. Section 407 Regular Meetings. The City Council shall hold two meetings per month except in the months of August and December when there shall be at least one regular meeting in August and one regular meeting in December. The City Council shall hold regular meetings at such times as it shall fix by ordinance or resolution. All regular meetings shall be publicly noticed according to the Ralph M. Brown Act, or any successor law. 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 sent to each member and publicly noticed according to the Ralph M. Brown Act, or any successor law. Section 409 Place of Meetings. All regular meetings shall be held in the Council Chambers of the City Nall, however other types of meetings shall be at locations allowed by the Ralph M. Brown Act, or any successor law. 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. 2 Section 440 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 the City Clerk shall call the roll and shall cause the ayes and nays taken on an issue which is the subject of the demand 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. At the time of its introduction an ordinance shalt become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of adoption of an ordinance 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 Councilmembers present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. 3 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. 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). 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 or by such other employee as shall be designated by the City Council, the City Clerk and the City Attorney. Any of said employees 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. 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 Half. City Hall, including most administrative offices of the City and related parking, shall be located on the City -owned parcel bounded by Avocado Ave. on the west, San Miguel Dr. on the north, MacArthur Blvd. on the east, and the Newport Beach Central Library on the south. 0 Section 426 Prohibition of Automated Traffic Enforcement Systems (Red Light Cameras), No ordinance shall be adopted by the City Council which would permit or authorize any red light camera or other automated traffic enforcement system in the City of Newport Beach. Any ordinance adopted by the City Council in violation of this section shall be null and void. Neither the City Council, nor any officer or employee of the City when acting in his or her official capacity, shall (i) take any action which would directly or indirectly result in the authorization, approval or installation of any red light camera or other automated traffic enforcement system in the City of Newport Beach; or (ii) acquiesce or concur in any action or decision of any other governmental agency or governmental official having jurisdiction concerning such red fight cameras where a protest or objection procedure is available to the City and where failure to so protest or object could result in the authorization, approval, or installation of any red light camera or other automated traffic enforcement system in the City of Newport Beach; or (iii) approve, authorize, execute or enter into any agreement or understanding, or take any other action of any nature whatsoever, which would authorize, approve, or in any way facilitate or result in the installation of any red light camera or other automated traffic enforcement system in the City of Newport Beach, including, but not limited to, any agreement or understanding relating to the installation of any red light camera or automated traffic enforcement system which would result in the receipt by the City. The term "red light camera or other automated traffic enforcement system" as used in this section shall mean and include any automated traffic enforcement system, as that term is used in California Vehicle Code Section 21455.5, or any successor legislation thereto, which is used to enforce any provision of the California Vehicle Code. The prohibition provided in this section shall not apply to any "toll highway" or "toll road," as those terms are defined within California Vehicle Code Section 611. 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. -The City Manager shall have a corporate surety bond in such form and in such amount as may be determined by the City Council. 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: 5 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. 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. Section 505 Meetings. 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 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, la 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. d) Attend all meetings of the City Council and give his or her advice or opinion in writing whenever requested to do so by the City Council or by any of the boards, commissions, committees, or officers of the City. e) Approve the form of all contracts made by and all bonds given to the City, endorsing his or her approval thereon in writing, f) Prepare any and all proposed ordinances and resolutions for the City and amendments thereto. g) Devote such time to the duties of his or her office as may be specified in the ordinance or resolution fixing the compensation for such office. h) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein. Section 608 illegal Contracts. Financial interest. No member of the City Council, department head or other officer of the City (except a member of any board, commission, or committee), shall be financially interested in any contract, sale or transaction made by them in their official City capacity. No member of any board, commission, or committee shall participate in any decision when the member has a financial interest in any contract, sale or transaction to which the City is a party and which comes before the board, commission, or committee of which such person is a member for approval or other official action. Any contract, sale or transaction in which there shall be such a 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, commission, or committee shall be deemed to be financially interested, within the meaning of the foregoing provisions: (1) 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; and (2) if an exception 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, commission, or committee shall be financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or her office in addition to any other penalty which may be imposed for such violation of this Charter. 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. 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 by 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 any board or commission member shall be established by the City 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. Section 703 Reserved. 9 Section 704 Meetings. Chairperson. Boards and - commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings at such frequency as required by its workload 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. Except as may be otherwise provided in this Charter, 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, 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. 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 (9) 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. ( Section 707 Planning Commission. Powers and Duties. There shall be a Planning Commission consisting of seven members which shall have the power and be required to: a) After a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of a 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. c) Exercise such functions with respect to zoning and land use as may be prescribed by ordinance not inconsistent with the provisions of this Charter. 91 Section 709 Parks, Beaches and Recreation Commission. Powers and Duties. There shall be a Parks, Beaches and Recreation Commission consisting of seven members which shall have the power and Gluty and be required to: a) Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways and street trees. b) 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. c) 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. d) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter. F' 3� .i9L•iif'7[�I+�iE'3=*s*r� =iET[i +`J 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 XI - Fiscal Administration Section 1101 Annual Budget Preparation by the City Manager. At such date as the City Manager shall determine, each department head shall furnish to the City Manager estimates of revenue and expenditures for his or her department 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, and may revise the estimates as he or she may deem advisable. Section 1114 Claims and Demands. Except as otherwise provided by the provisions of State law applicable to chartered cities, all claims and demands against the City shall be filed as prescribed by ordinance. Class claims and representative claims are prohibited and may not be pursued against the City, including, but not limited to, a claim for the refund of taxes and /or fees. 10 Section 1115 Reserved. 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 or she 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. 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 of the financial statement as of the close of the fiscal year shall be published in a newspaper of general circulation within the City. Section 1200 Reserved. Section 1201 Reserved. Article XII Reserved 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 granted to, or a duty is imposed upon a public officer, or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance. c) "County" is the County of Orange. d) "State" is the State of California. 11 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH 1, t_eilani I. Brown, Ciry Cierk of tine 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. 2412 -70 was duty 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 241° day of July, 2012, and that the same was so passed and adopted by the following tote, to wit Ayes: Ki?, Rosansky, Cun, Selich, Herrn, Daigle, Mayor Gardner Noes: No-,e IN WITNESS WHEREOF, S have hereunto suibscribed my name and af€xed the off,ciai see= of said City fts 25 "" day of Juiy, 2092. City Clerk Newport Beach, Califomia (Seal;