HomeMy WebLinkAbout20 - Charter Update Committee Reporto �EVraoRr
CITY OF
' NEWPORT BEACH
C141FOR City Council Staff Report
Agenda Item No. 20
July 10, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Rob Houston, Assistant to the City Manager
APPROVED: 1� A
TITLE: 2012 Charter Update Committee Report
ABSTRACT:
The City Council formed a Charter Update Committee ( "Committee ") comprised of
seven residents to review selected provisions from the City's Charter for possible
amendment. The Committee completed its work on June 28, 2012 and submits the
attached report to the City Council for its review.
RECOMMENDATION:
Receive and review the attached 2012 Committee report, accept, reject, or amend the
proposed recommendations, and determine if a Charter amendment measure(s) should
be placed on the November 2012 ballot.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The Committee was established by Resolution No. 2012 -32 of the Newport Beach City
Council on May 8, 2012. After an application process, the City Council appointed seven
citizens to the Committee on May 22, 2012. The Committee was tasked with reviewing
selected sections of the Charter and making recommendations for changes. The
sections reviewed include those which could be modernized to reflect modern -day
practices and improve the efficiency of the City and sections that could benefit from
possible update for policy reasons.
The Committee convened its first meeting on May 24, 2012 and met five more times at
various locations around town (Library, City Hall, OASIS) during May and June, 2012.
2012 Charter Update Committee Report
July 10, 2012
Page 2
Mayor Gardner and /or Council Member Rosansky attended each meeting. The
Committee took public comments on the suggested changes multiple times during each
meeting — typically at the start of each meeting, at appropriate junctures prior to
changes being recommended for adoption, and again at the end of the meetings. The
Committee held its final meeting on June 28, 2012.
The Committee considered a total of 43 Charter sections. Of these, the Committee
recommends that five be left unchanged, 31 be amended, and seven be repealed.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
9Y_
Rob Houston
Assistant to the City Manager
Attachments: A. Charter Update Committee Report
CITY OF NEWPORT BEACH
2012 CHARTER UPDATE COMMITTEE
Report to the City Council
Paul Watkins, Chairperson
David Bahnsen
Paul Glowienke
Jeff Herdman
Suzanne Savary
Joseph Stapleton
Dan Wampole
Non - Voting Council Liaisons
Council Member Steven Rosansky
Mayor Nancy Gardner (Alternate)
Committee Meeting — June 28, 2012
Report
This Report transmits recommendations from the Charter Update Committee to the Newport
Beach City Council for updating the City's Charter. These recommendations are being provided
to assist the City Council in determining whether measures to update and modernize the City
Charter should be placed on the ballot for the upcoming November 6, 2012 general
municipal election.
The Charter Update Committee ( "Committee ") was established by Resolution No. 2012 -32 of
the Newport Beach City Council on May 8, 2012. After an application process, the Newport
Beach City Council appointed seven citizens to the Committee on May 22, 2012. The
Committee was tasked with reviewing sections of the Charter and making recommendations for
changes. The sections reviewed include those which could be modernized to reflect modern -
day practices and improve the efficiency of the City and sections that could benefit from
possible update for policy reasons.
The Charter Update Committee convened its first meeting on May 24, 2012 and continued to
meet each week through the months of May and June, 2012. The Committee held its final
meeting on June 28, 2012.
The Committee considered a total of 43 Charter sections. Of these, the Committee recommends
that 5 be left unchanged, 31 be amended, and 7 be repealed.
The attached "Summary of Charter Update Committee Actions" and the attached redlined
version of all 43 Charter sections considered by the Committee reflects those sections which
were recommended by the Committee to remain unchanged, those which were recommended
by the Committee to be amended, and those which were recommended by the Committee to be
repealed.
We wish to specially call to the Council's attention Section 708 (Board of Library Trustees.
Power and Duties.). The Committee and the public discussed at length proposed revisions to
Section 708 before approving (by a 6 -1 vote) the compromise provision reflected in the
attached redlined version for Section 708. The central issue to the lengthy discussion was the
extent of or limitations on the City Manager's responsibilities with regard to the appointment,
suspension, or removal of the Library Services Director.
The Committee wishes to acknowledge the City staff as an invaluable resource to the
Committee. Without exception, the staff was well organized, well prepared, and responsive to
requests from the Committee and cordial to work with. The Committee expresses its deep
gratitude to the staff for a job well done.
Finally, the Committee wishes to thank the Council for the opportunity to be of service to
the City.
SUMMARY OF CHARTER UPDATE COMMITTEE ACTIONS
CHARTER SECTIONS
ACTION
Article I. Incorporation and Succession
!Repealed
1
Section 103 (Continuance of Present Officers and Employees.)
2
Section 105 (Pending Action and Proceedings.)
Repealed
3
Section 106 (Effective Date of this Charter.)
Amended
Article II. Powers of City
4
Section 200 (Powers.)
Amended
Article IV. City Council
5
Section 402 A (Compensation.)
Renumber and Amended
6
Section 402 B (Reimbursement for Expenses.)
Incorporated into Section 402 and
Repealed
7
Section 404 (The Mayor. Mayor Pro Tempore.)
Amended
8
Section 407 (Regular Meetings.)
Amended
9
Section 408 (Special Meetings.)
Amended
10
Section 409 (Place of Meetings.)
Amended
11
Section 410 (Quorum. Proceedings.)
Amended
12
Section 412 (Adoption of Ordinances and Resolutions.)
Amended
13
Section 418 (Ordinances. Amendment.)
Amended
14
Section 421 (Contracts. Execution.)
Amended
15
Section 425 (City Hall.)
Amended
Article V. City Manager
16
Section 503 (Compensation and Bond.)
Amended
17
Section 504 (Powers and Duties.)
Amended
18
Section 505 (Meetings.)
Amended
19
Section 507 (Manager Pro Tempore.)
Amended
Article VI. Officers and Employees
20
Section 602 (City Attorney. Powers and Duties.)
Amended
21
Section 603 (City Clerk. Powers and Duties.)
Unchanged
22
Section 605 (Director of Finance.)
Unchanged
23
Section 608 (Illegal Contracts. Financial Interest.)
Amended
24
Section 609 (Acceptance of Other Office.)
Amended
25
Section 611 (Official Bonds.)
Unchanged
Article VI. Officers and Employees
26
Section 700 (In General.)
Amended
27
Section 702 (Appointment. Terms.)
Amended
28
Section 703 (Existing Boards.)
Repealed
29
Section 704 (Meetings. Chairperson.)
Amended
30
Section 705 (Compensation. Vacancies.)
Amended
31
Section 707 (Planning Commission. Powers and Duties.)
Amended
32
Section 708 (Board of Library Trustees. Powers and Duties.)
Amended
33
Section 709 (Parks, Beaches and Recreation Commission.
Powers and Duties.)
Amended
34
Section 710 (Civil Service Board.)
Amended
Article VIII. Civil Service System
35
Section 801 (Positions Included in the System.)
Unchanged
Article XI. Fiscal Administration
36
Section 1101 (Annual Budget. Preparation by the City Manager.)
Amended
37
Section 1106 (Centralized Purchasing.)
Unchanged
38
Section 1114 (Claims and Demands.)
Amended
39
Section 1115 (Registering Demands.)
Repealed
40
Section 1116 (Independent Audit and Financial Statement.)
Amended
Article XII. Board of Education
41
Section 1200 (State Law Governs.)
Repealed
42
Section 1201 (Effect of Charter.)
Repealed
Article XIV. Miscellaneous
43
Section 1400 (Definitions.)
Amended
Updated 7 -1 -12
CHARTER OF THE CITY OF NEWPORT BEACH
Article I - Incorporation and Succession
Section 103 ReservedGent:....a.., e of PFAS ...t Offs G..... and Employees.
t'..J.
Section 10S Reserved
_ . r.
_____...a, _.... _ -
_........_.,
r_.._...a _ - _ - --- .._
...._.. -. _ _.._. -_.
-_..__ _..__
-,
L....ught L y e
against the f:t y e
aRy 9 4ieeF,
.ffiee .I. paFt.nent
e ageRey tb...Feef,
shall
be
, peweFS
BREI duties
E4-
..
4iee. ..F
iee depaFt.Aept..
any
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.
Thi4 !'1.A1+... AIRA I t-,L... 4eGt ., i4 a . @I 1,., the I ., gSlat6l...
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 aad-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.
Updated 7 -1 -12
Article IV - City Council
Section 402 -+l. 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 adiusted 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.
L� Fawn -11
_
- -
...
I MIT
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.
Updated 7 -1 -12
.... ..-
".-•-.
"
.-
..
f...... -. FnemlqpF .. ....ti..,.
....ti.... n teleg
t.. the
Faphie
. be .,.f......,4 t.. i IFsh .itt,.....,.tiee
....t IA..,
..,4,..4
aet...4 H a
e4eetiye Lire C i 19WA1
...
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 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 meetin
in December. The City Council shall hold regular meetings -.t 1,.-.,.. tvOiep Par. h ... gnth at such
times as it shall fix by ordinance or resolution. All regular meetings shall be publicly noticed
according to the Ralph M. Brown Act, or any successor law.and May adjO FA ^- •e adja ••H ^^••
all .. If the hg--r t. y0hiph ..,.ti..,. adj8bIFR ..4 Rat 't- .t...4 i., the AFF4.....f
la r day.
Section 408 Special Meetings.
Special meetings may be called at anytime by the Mayor, or by four members of the City
Council, by written notice del veFe' peFFenal •• sent to each member and publicly noticed
accordine to the Ralph M. Brown Act. or anv successor law. ;;Rd t„ pash lama Rp• •ga
he! of a
f...... -. FnemlqpF .. ....ti..,.
....ti.... n teleg
t.. the
Faphie
. be .,.f......,4 t.. i IFsh .itt,.....,.tiee
....t IA..,
..,4,..4
aet...4 H a
e4eetiye Lire C i 19WA1
Updated 7 -1 -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.t#+e-
adje, Red, and Shall be 9PeR W the ^WI9106. 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,
'^F the payn;^ ^t of ^;^^^y the City Clerk shall call the roll and shall cause the ayes and sees
nays taken on an issue which is the sublect 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. neF at y tome ,.t",,. than at ^ ulaF adjourned . •.'...
meetiRg. 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 eF
^gA' 40ARit 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
^ylaF ^• adjourned Feg laF 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
El
Updated 7 -1 -12
constitute the making of an alteration within the meaning of the foregoing sentence
Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at
least four members of the City Council shall be required for the enactment of any ordinance or
resolution, or for the making or approving of any order for the payment of money. All
ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.
Any ordinance declared by the City Council to be necessary as an emergency measure for
preserving the public peace, health or safety, and containing a statement of the reasons for its
urgency, may be introduced and adopted at one and the same meeting if passed by at least
five affirmative votes. (As amended by ,.d...eR4 p4petiVe "" Ppr.e '1.... 20 2010)
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 aFnPRdFnPRt ,.s aRy eetieR , ,.,.t,,,.,,. ,.F @R ,...I;....,,ee is y be
aGG rliShed SGIely by the F R..t.. eRt ..F 91--rh 9P-64PR G eGti9RS at IeRotil
aPa
ai=rxcrtecF
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 Tcy G!eF!i or by such other AF�r
e4k-e4�semployee as shall be designated by the City Council, the City Clerk and the City
Attorney. Any of said employees^F^ 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.
Updated 7 -1 -12
Section 425 City Hall.
City Hall, including most administrative offices of the City a+K4
Gity of Plew^^•-• Reae4 and related parking, shall be located on
361 i^ the Git • 9f "'^•••^^k °n, ^� the City -owned parcel,, ••mss bounded by Avocado Ave. on
the west, San Miguel Dr. on the north, aad- MacArthur Blvd. on the east, and the Newport
Beach Central Library on the south. (Added by amen me-Rt effertive ""^F^" 3, 2nno)
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 which s,'^°•• s"'" be established by ^.a;^..,.^^ ^ Fegglutign.
The City Manager shall #wish have a corporate surety bond in such form and in such amount
as may be determined by the City Council. (As ameRded by 2MeRdMeRtq ^"^G "••^ A^ PepPmbeF
20
Section 504 Powers and Duties.
The City Manager shall be the head of the administrative branch of the City government. He or
she shall be responsible to the City Council for the proper administration of all affairs of the
City. Without limiting the foregoing general grant of powers, responsibilities and duties, the
City Manager shall have power and be required to:
a) Appoint, and he or she may suspend or remove, subject to the provisions of this
Charter, all department heads and officers of the City except elective officers and those
department heads and officers the power of whose appointment is vested by the
Charter in the City Council, and approve or disapprove all proposed appointments and
removals of subordinate employees by officers or department heads.
b) Prepare the budget annually, submit such budget to the City Council and be responsible
for its administration after its adoption.
c) Prepare and submit to the City Council as of the end of the fiscal year a complete report
on the finances and administrative activities of the City for the preceding fiscal year.
d) Keep the City Council advised of the financial condition and future needs of the City and
make such recommendations as may seem to him or her desirable.
e) Establish and maintain a 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
Updated 7 -1 -12
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 Gity nna... geF shall he a .....1ed a eat at the Git.• l'..URG"I WIRI.. A....I At all .. eetiRgS ..F
h
r,c:c a ..t.. - -=:orc
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 su get t,. the appFeval of the City G.,,,Reil ne 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.
d) Attend all eegelaFmeetings 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.
Updated 7 -1 -12
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 ..,red effeetiy ApFil 28 1966 Rd n,.,.....,b eF 20 2090)
Section 603 City Clerk. Powers and Duties.
The City Clerk shall have power and be required to:
a) Attend all meetings of the City Council unless excused and be responsible for the
recording and maintaining of a full and true record of all of the proceedings of the City
Council in books that shall bear appropriate titles and be devoted to such purpose.
b) Maintain separate books, in which shall be recorded respectively all ordinances and
resolutions, with the certificate of the Clerk annexed to each thereof stating the same to
be the original or a correct copy, and as to an ordinance requiring publication, stating
that the same has been published or posted in accordance with this Charter; keep all
books properly indexed and open to public inspection when not in actual use.
c) Maintain separate books, in which a record shall be made of all written contracts and
official bonds.
d) Be the custodian of the seal of the City.
e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs
and business of the City and certify copies of official records.
f) Be ex- officio Assessor, unless the City Council has availed itself, or does in the future
avail itself, of the provisions of the general laws of the State relative to the assessment
of property and the collection of City taxes by county officers, or unless the City Council
by ordinance provides otherwise.
g) Have charge of all City elections.
h) Perform such other duties consistent with this Charter as may be required of him or her
by ordinance or resolution of the City Council. (As amended by amendments effective
on December 20, 2010)
Updated 7 -1 -12
Section 605 Director of Finance.
There shall be a Director of Finance appointed by the City Manager and subject to
suspension or removal by the City Manager who shall have power and shall be required
to:
a) Have charge of the administration of the financial affairs of the City under the direction
of the City Manager, and be head of the Finance Department of the City.
b) Compile the budget expense and income estimates for the City Manager.
c) Maintain a general accounting system for the City government and each of its offices,
departments and agencies.
d) Receive all taxes, assessments, license fees and other revenues of the City, or for whose
collection the City is responsible, and receive all taxes or other money receivable by the
City from the County, State or Federal Government, or from any Court, or from any
office, department, or agency of the City.
e) Have custody of all public funds belonging to or under control of the City or any office,
department or agency of the City government and deposit all funds coming into his or
her hands in such depository as may be designated by resolution of the City Council, or,
if no such resolution be adopted, then in such depository designated in writing by the
City Manager, and in compliance with all of the provisions of the State Constitution and
laws of the State governing the handling, depositing and securing of public funds.
f) Supervise and be responsible for the disbursement of all moneys and have control of all
expenditures to insure that budget appropriations are not exceeded; audit all purchase
orders before issuance; audit, approve and provide for the payment of all bills, invoices,
payrolls, demands or charges against the City and, with the advice of the City Attorney,
when necessary, determine the regularity, legality and correctness of such claims,
demands or charges.
g) See that all taxes, assessments, license fees and other revenues of the City, or for whose
collection the City is responsible, and all other money receivable by the City from the
County, State or Federal Government, or from any court, office, department or agency
of the City are collected.
h) Through the City Manager submit to the City Council and to the certified public
accountant employed by the City as an independent auditor a monthly statement of all
receipts, disbursements and fund balances in sufficient detail to show the exact financial
condition of the City; and, as of the end of each fiscal year, submit a complete financial
statement and report.
i) Supervise the keeping of current inventories of all property of the City by all City
departments, offices and agencies.
j) Assume the title of and act as City Treasurer and with the approval of the City Manager
appoint deputies as necessary to act under the provisions of any law requiring or
permitting action by a City Treasurer.
k) Perform such other duties consistent with this Charter as may be required of him or her
by ordinance or resolution of the City Council. (As amended effective January 20, 1959,
and December 20, 2010)
Section 608 Illegal Contracts. Financial Interest.
CJ
Updated 7 -1 -12
No member of the City Council, department head or other officer of the City (except a
member of any board, eFCOmmission, or committee), shall be financially interested eebiy-
y in any contract, sale or transaction made by them in their official City capacitVA4
. hieh the rit y as a aFt y
No member of any board, er-commission, or committee shall participate in any decision when
the member has a be- financially interested GliFe6tly OF iRdireetly, in any contract, sale or
transaction to which the City is a party and which comes before the board,-e+ commission, or
committee of which such person is a member for approval or other official action r
4ed
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, ef-commission, or committee shall be deemed to be financially interested, within
the meaning of the foregoing provisions_, llin 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,eFCOmmission, or committee shall be financially interested as aforesaid, upon
conviction thereof he or she shall forfeit his or her office in addition to any other penalty which
may be imposed for such violation of this Charter. (As aFReRded by ^..,,...,...t.. ^4PGtiVe 9^
DeGe ber 20 20104
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 @GGept er retain ,n.,
atheF eleetive Public 94ire, exrept as PFEWided iR this Gh@AeF, shall be deemed theFeby to
pffP( Mye AR per�@Mlaer 20 2019)
Section 611 Official Bonds.
The City Council shall fix by ordinance or resolution the amounts and terms of the official
bonds of all officials or employees who are required by this Charter or by ordinance to give
such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as
to form by the City Attorney, and shall be filed with the City 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
W]
Updated 7 -1 -12
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)
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 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.:Php m ^m"^F� fi-gt appointed •8 sueh
hAaFdq @Rd rRFAmiggiAng shall qg elpqsify themselves by let that the tpFm Af ARP Af each ef th4
....e EpiFed t...m shall be L... SUGh .f....xpiFed peFiOd (As -.....epeled ..4eeti.,,. ApFil 1 1959)
Section 703 Reserved EAStiwg Beads.
Section 704 Meetings. Chairperson.
As < @,.tiGable felle ,,^^ the a.st day of july ^a ^„ ^r„ year, aGh ^F g -ph 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 @ ;;# ^n^^ ^;^" mnRt" 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 ti^ ^^^^ t^ the-
P61191
11
Updated 7 -1 -12
Except as may be otherwise provided in this Charter, the ,-.t., M ,.. geF shall des gR ,t.. 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 aFReRded by
i
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. WP9R ^ vaeaRGY 9666IFFORg leaY'RT Fed PeFt,OR �{
t....... aRy appeiRtFAPAt to Fill ....,.h .,..,.....e.. Shall be f8F the ....expiFed PBFt:. n Af g....h t,...,., 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. ( ^; RdPd ,.fF,.Pt,,,, jHRe 6, 1974 ..a December
2n
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, recommended to the City Council the adoption,
amendment or repeal of a „a&te-F-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.
44c Exercise such functions with respect to zoning and land use as may be prescribed
by ordinance not inconsistent with the provisions of this Charter.
iri
Updated 7 -1 -12
Section 708 Board of Library Trustees. Powers and Duties.
There shall be a Board of Library Trustees consisting of five members which shall have the
power @wand be required to:
a) Advise the City Council, Library Services Director, and City Manager as to the
administration of City libraries.
LJ n..S'.. ate its .. ..tom...
c4IILConsider 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.
d)c) Make recommendations to the Library Services Director regarding the Rpurchase and
acquisition of aet{ r+r� books, journals, maps, publications, information technology
equipment, programs, materials, and other supplies peculiar to the needs of the libraryr
s uL. get L......,..... te the limit-.tie R5 ..f the la fidget f... SHeh p lFpeses TL.......... Relit. Fe
�d) n........,.. BF diS-......eye the a ..ti:Re .t s6ispeRsieR 9F Fpmpval ..f the 1 :I..a.ia.. ., he
shall be the .Advise the City Manager regarding appointment,
suspension or removal of the Library Services Director. The top candidates for the
position of Library Services Director who meet the minimum aualifications shall be
examined in a qualifications appraisal process established by the Board of Library
Trustees. The City Manager shall appoint two members of the Board of Library Trustees
to serve on a qualifications appraisal panel within the qualifications appraisal process.
The appointment. suspension or removal of the Library Services Director shall reside with
the City Manager.
f4e1Accept 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 C-contracts with schools, countyies, or other
governmental agencies to render or receive library services or facilities, subject to the
approval of the City Council.
Section 709 Parks, Beaches and Recreation Commission. Powers and Duties.
There shall be a Parks, Beaches and Recreation Commission consisting of seven members-
The P @FkS °,...,.I.,... ,Ra RerF,.-.t"... C,........;....".., which shall have the power any 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) r.. ..:.A... the A aI I..idget f..... .I.. L...., ehe -.t:.... .L,.,-.,,S and .-4eet t.....
I ,
13
Updated 7 -1 -12
PHFpeses the p of its p .atiaR aR d L... RelatdgRs With F eet
tl......tR t.. the Git.. r..W RGOI aR d the Git., nAa..- geF
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 Rdedby ..,d...,...t..,.cseptiy AP•O14,'°«
jURe 6, 1974)
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
Section 801 Positions Included in the 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.
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.
i[I
Updated 7 -1 -12
(As amended effective January 20, 1959, and December 20, 2010)
Article XI - Fiscal Administration
Section 1101 Annual Budget. Preparation by the City Manager.
At such date as the City Manager shall determine, ,,;rh bR ..a A• ........R:..,.... ,Rd 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, IRARMS OF GOMMk9 GRs 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 demandsf9F damages against the City shall be filed as prescribed by ordinance. Class
claims and representative claims are prohibited and may not be pursued against the City,
including, but not limited to, a claim for the refund of taxes and /or fees.
..
--
-
Section 1115 ReservedRegisteFiRg n........,.,.
rl.,.. RRGIq AR the Cit., WhiGh a .,t Paid F,.. 1261. Of f IRGIS Shall be F ist.,..,.J All . isteFed
ili
Updated 7 -1 -12
. .
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. ^< seGR as PFaet'^ ^h'^
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 eefay -of the financial statement as of the close of the fiscal year shall
be published in the official a newspaper of general circulation within the City. (Section 1117 as
amended effective January 20, 1959, and renumbered by amendment effective April 28, 1966)
Article XII Reserved
Section 1200 ReservedUate-Law-Gemefos.
Ed -- at:.... .L...II h... leeted a Rted theiF q alifieatieRs sati .R ;4nd ..I ..,.,J
the R l-'...h.....,hk* �h-.II GRRmot41AR ... e of Leh bgaF q shall he ag . A. A' AP hPFPR4PF
F[i
Updated 7 -1 -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 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.
iVi
Existing language
Section 708 Board of Library Trustees. Powers and Duties.
There shall be a Board of Library Trustees consisting of five members
which shall have the power and duty to:
® Have charge of the administration of City libraries and make and
enforce such by -laws, rules and regulations as may be necessary
therefor.
(b) Designate its own secretary.
(c) Consider 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.
(d) Purchase and acquire books, journals, maps, publications 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.
® 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.
Section 708 Board of Library Trustees. Powers and Duties.
There shall be a Board of Library Trustees consisting of five members which
shall have the power and be required to:
a) Advise the City Council, Library Services Director, and City Manager as to the
administration of City libraries.
b) Consider 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.
c) Make recommendations to the Library Services Director regarding the
purchase and acquisition of books, journals, maps, publications, information
technology equipment, programs, materials, and other supplies peculiar to the
needs of the library.
d) Advise the City Manager regarding appointment, suspension or removal of
the Library Services Director. The top candidates for the position of Library
Services Director who meet the minimum qualifications shall be examined in a
qualifications appraisal process established by the Board of Library Trustees.
The City Manager shall appoint two members of the Board of Library Trustees
to serve on a qualifications appraisal panel within the qualifications appraisal
process. The appointment, suspension or removal of the Library Services
Director shall reside with the City Manager.
e) Accept money, personal property or real estate donated to the City for
library purposes, subject to the approval of the City Council.
f) Make recommendations regarding proposed contracts with schools,
counties, or other governmental agencies to render or receive library services
or facilities, subject to the approval of the City Council.
7 -1 -12
PROHIBITION OF AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS D 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 light 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.
µ..
� fvj
.p
a.
� d�
Agenda Item No. 20
July 10, 2012
City of Newport Beach
Charter Update Committee - Quick Summary of Recommendations
July 10, 2012
S7ection 103 (Continuance
Proposed Revision
Reason Why
1
Deletion of entire section.
This section is from the
of Present Officers and
adoption of the original
Employees.)
Charter and is no longer
applicable.
2
Section 105 (Pending
Deletion of entire section.
This section is from the
Action and Proceedings.)
adoption of the original
Charter and is no longer
applicable.
3
Section 106 (Effective Date
This proposed revision
The change reflects the
of this Charter.)
adds language regarding
amendment process
the process to amend the
provided in the California
Charter.
Constitution.
4
Section 200 (Powers.)
Minor revision to replace
The revision is intended to
the word "and" with "or"
reflect the intent of the
section in relation to the
limitation on the City's
authority to act.
5
Section 402 -A
This proposed revision
This section is proposed to
(Compensation.)
would reflect the current
be revised to collapse
monthly stipend amount
existing Section 402 -B and a
received by the City
part from Section 404 into
Council /Mayor.
one section that re- classifies
the "reimbursement"
received by Council
Members and the Mayor as
,.compensation" because it is
more accurate to call it
compensation.
6
Section 402 -B
This section is proposed to
As explained above, this
(Reimbursement for
be deleted and collapsed
section is proposed to be
Expenses.)
into Section 402.
removed and included in
Section 402.
7
Section 404 (The Mayor.
The Mayor stipend is
As explained above, the
Mayor Pro Tempore.)
proposed to be removed
provision within this section
from this Section and
that relates to Mayoral
included in Section 402.
allowance is proposed to be
removed and included in
Section 402.
2
8
Section 407 (Regular
This section is proposed to
Sometimes the City Council
Meeting.)
change the meeting dates
doesn't need to meet twice
to allow one meeting in the
in one month — like August
months of August and
and December. Additionally,
December, and references
this section is proposed to
the Brown Act, rather than
be amended to reflect
listing out duplicative
current practices and allow
language on how
for the efficient operation of
compliance will be
City government in
achieved.
accordance with State law.
9
Section 408 (Special
This section is proposed to
This section is proposed to
Meetings.)
be amended to require
be amended to reflect
compliance with the Brown
current practices and allow
Act and remove duplicative
for the efficient operation of
language explaining how
City government in
compliance will be
accordance with State law.
achieved.
10
Section 409 (Place of
This proposed revision
This section is proposed to
Meetings.)
would expand the locations
be amended to reflect
where non - regular City
current practices and allow
Council meetings may be
for the efficient operation of
held as allowed by the
City government in
Brown Act.
accordance with State law.
11
Section 410 (Quorum.
This section is proposed to
An electronic recorded vote
Proceedings.)
be amended to remove a
will suffice and is more
roll call verbal vote relating
efficient. All votes will still be
to payment of money, and
recorded by the City Clerk in
the option of ordinances
the official record.
and resolutions.
12
Section 412 (Adoption of
This proposed revision
This section is proposed to
Ordinances and
would recognize the City
be amended to reflect the
Resolutions.)
Council's ability to
flexibility a Charter allows for
introduce and adopt an
the adoption of an
ordinance at a regular and
ordinance.
special meeting, and
remove the need for the
City Clerk to read
resolutions in full or their
titles.
13
Section 418 (Ordinances.
This proposed revision
This section is proposed to
Amendment.)
would allow a single
be amended to conserve
subsection to be amended
City resources and allow for
without requiring an entire
the efficient operation of City
ordinance to be restated.
government.
2
Q
e
e
14
Section 421 (Contracts.
This proposed revision
This section is proposed to
Execution.)
would revise language to
be amended to provide
meet the intent of the
greater clarity and to reflect
City's contract execution
current practices.
powers by specifically
referencing employees
designated by the City
Council.
15
Section 425 (City Hall.)
This proposed revision
The Police Administration,
would clarify that not all
Lifeguard Administration,
City administrative
Library Administration, and
functions such as Police
Municipal Operations
Administration will be
Administration are currently
located at the new City
not at City Hall. The
Hall. Language was also
previous location description
added to simplify the
referred to parcel maps and
description of the location
was complicated.
of the new City Hall and
that it was City -owned
property.
16
Section 503 (Compensation
This revision proposes to
Treats the City Manager as
and Bond.)
clarify that the bond
the other Council- appointed
required by the City
officers.
Manager is paid for by the
City, and allows his /her
salary to be established in
the same manner as the
City Clerk and City
Attorney.
17
Section 504 (Powers and
This proposed revision
This amendment is intended
Duties.)
would add the word
to clarify that the centralized
"maintain" to the sentence
purchasing system will be
relative to the centralized
maintained after it is
purchasing system.
established.
18
Section 505 (Meetings.)
This section is proposed to
By practice, the City
be amended to remove the
Manager does not sit at the
City Manager's right to a
Council dais.
seat at the Council dais,
while preserving his or her
ability to attend meetings
of the City Council and the
City's boards,
commissions, and
committees.
Q
M
Sections. Charter
o•• -• Revision
This section is proposed to
Reason Why
Today, when the City
s
19
Section 507 (Manager Pro
Tempore.)
be amended to remove
Manager is out of town, he
the requirement that the
or she designates an Acting
City Manager obtain the
City Manager and informs
City Council's approval
the Council who that person
before appointing an acting
is.
city manager.
20
Section 602 (City Attorney.
This section is proposed to
This revision is intended to
Powers and Duties.)
be amended to allow the
reflect current practices.
City Attorney to attend all
meetings of the City
Council and any board,
commission, or committee
meetinq when requested.
21
Section 603 (City Clerk.
This section is
The Charter Update
Powers and Duties.)
recommended to remain
Committee felt an
unchanged.
amendment was not
necessary at this time.
22
Section 605 Director of
This section is
The Charter Update
Finance.
recommended to remain
Committee felt an
unchanged.
amendment was not
necessary at this time.
23
Section 608 (Illegal
This section is proposed to
This section is proposed to
Contracts. Financial
be amended to more
be amended to more closely
Interest.)
closely follow California
follow State law.
Government Code Section
1090 et se g.
24
Section 609 (Acceptance of
This section is proposed to
This section is proposed to
Other Office.)
be amended to follow the
be amended to follow State
incompatible office
law.
doctrine in California
Government Code Section
1099.
25
Section 611 (Official
This section is
The Charter Update
Bonds.)
recommended to remain
Committee felt an
unchanged.
amendment was not
necessary at this time.
26
Section 700 (In General.)
This section is proposed to
This revision provides more
be amended to allow
flexibility to the City and
boards and commissions
streamlines City
to be created by ordinance
government.
or resolution.
M
5
Charter Sections
Section 702 (Appointment.
srr r Revision
This section is proposed to
Reason Why
4:
27
This section is proposed to
Terms.)
be amended to allow the
be amended as part of the
City Council to establish
City's current effort to reform
the initial term of a board
and streamline the City's
or commission member at
boards, commissions, and
the time the board or
committees. This proposed
commission is created.
change would not affect any
existing board or
commission.
28
Section 703 (Existing
Deletion of entire section.
This section is from the
Boards.)
adoption of the original
Charter and is no longer
applicable.
29
Section 704 (Meetings.
This section is proposed to
This section is proposed to
Chairperson.)
be amended to conserve
be amended as part of the
City resources and allow
City's current effort to reform
boards and commissions
and streamline the City's
to meet as business
boards, commissions, and
dictates.
committees.
30
Section 705
This section is proposed to
This section is proposed to
(Compensation.
be amended to remove the
be amended as part of the
Vacancies.)
requirement that an
City's current effort to reform
appointment to a vacated
and streamline the City's
position be limited to the
boards, commissions, and
remainder of the vacated
committees.
term.
31
Section 707 (Planning
This section is proposed to
State law already provides
Commission. Powers and
be amended to remove the
for the Planning Commission
Duties.)
requirement that the
to review the Capital
Commission review any
Improvement Program (CIP).
Public Works projects
Code Enforcement already
outside of the Capital
reviews blighted and
Improvement Program
substandard areas.
(CIP) process. Also,
recommends the removal
of the requirement to
review blighted and
substandard areas.
5
0
Propose
This section includes a
Today, this section is
•
Section 708 (Board of
32
Library Trustees. Powers
number of proposed
contrary to a Council -
and Duties.)
revisions intended to clarify
Manager form of government
that the Library Board is an
in at least these ways:
advisory body to the City
a The Council has control
Council, and that the City
over City libraries.
Manager obtains ultimate
a The Council directs the
authority relative to the
purchase of books,
appointment, suspension
journals, etc.
or removal of the Library
a The City Manager is the
Services Director.
person responsible for
selecting, suspending, or
removing the Library
Director.
33
Section 709 (Parks,
This section is proposed to
Review of the City's parks
Beaches and Recreation
be revised to remove the
and recreation budget by the
Commission. Powers and
requirement that the
Commission may be
Duties.)
Commission review the
desirable from time to time,
annual budget.
but the directive to do so
need not be in the City
Charter.
34
Section 710 (Civil Service
This section is proposed to
This was unintentionally
Board.)
include the word "she."
omitted from the 2010
Gender Neutral Charter
Amendment
35
Section 801 (Positions
This section is
The Charter Update
Included in the System.)
recommended to remain
Committee felt an
unchanged.
amendment was not
necessary at this time.
36
Section 1101 (Annual
This revision removes the
This change is intended to
Budget. Preparation by the
need for each board and
reflect current practices.
City Manager.)
commission to submit a
budget for its activities.
37
Section 1106 (Centralized
This section is
The Charter Update
Purchasing.)
recommended to remain
Committee felt an
unchanged.
amendment was not
necessary at this time.
38
Section 1114 (Claims and
This section is proposed to
This section is proposed to
Demands.)
be amended to clarify the
be amended in response to
process for making claims
a recent case from Los
and demands against the
Angeles regulating class
City.
action lawsuits against public
agencies.
0
• �
Section 1115 (Registering
eee • o
Deletion of entire section.
•
39
This section is from the
Demands.)
adoption of the original
Charter and is no longer
applicable.
40
Section 1116 (Independent
This section is proposed to
This change provides a
Audit.)
be amended to clarify that
timeline for when the report
the City only needs to
needs to be available and
publish a summary of the
conserves City resources by
financial transaction report,
allowing a summary to be
and also clarifies that the
published.
financial audit will be
available 270 days after
the end of the fiscal year.
41
Section 1200 (State Law
Deletion of entire section.
This section is from the
Governs.)
adoption of the original
Charter and is no longer
applicable.
42
Section 1201 (Effect of
Deletion of entire section.
This section is from the
Charter.)
adoption of the original
Charter and is no longer
applicable.
43
Section 1400 (Definitions.)
This section is proposed to
This language is already in
be amended to allow
the Newport Beach
deputies to act in the place
Municipal Code (NBMC) and
of a public officer.
the change allows for
consistency in the execution
of duties.
1
2012 Charter Update Section Review
July 10, 2012
Section 402 14. 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, Cconsumer 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.
11 11 1
- -
IN _ ._. - -• -
--------- ill _ III
.._...-
-
,.
Man
!Mrwmf.lcv-.
-I
2m
III
- - -
- -
-
ffite
111111I
OWN IN lj� IM-!ll
..
. .,
IN
Iry
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.
0
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)
Highlight Change - Section 402 -,4. 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 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 adiusted each Julv 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.
Section
shall The City Council hold two meetings
August months of regular meeting in August and one regular meeting in December. The
City Council shall hold regular meetings at least twice each nqenth at
such times as it shall fix by
ordinance • . •
according shall be publicly noticed to the Ralph
successor law. and may adjeurn er re adjeurn any regular me
regular meeting feF all puppe.ses. if the heur te which a meeting is
.. .. . .. .. . .. . .. .. ... .. . WNI MW . . . . . . . . . . . . M a MMII- -, .
. . . . . IN KQM 0 ..
Section 708 Board of Library Trustees. Powers and Duties.
There shall be a Board of Library Trustees consisting of five members which shall have the power
@Rd duty and be required to:
a. Advise the City Council, Library Services Director, and City Manager as to the administration of
City libraries. W=Un cbmEat-a A-f -;;Ad- make -;;Ad- P—AfA-PCCea '-;HC=h bylaws, Fules and FegulatieRs as Fnay 134E�
r1r1eessary the -Fe fAY
b. Consider 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.
c. Make recommendations to the Library Services Director regarding the purchase and acquisition
of a4e + books, journals, maps, publications, information technology equipment, programs,
materials, and other supplies peculiar to the needs of the library s obi^ ^t, heweye , t^ the
L
the department head Advise the City Manager regarding appointment, suspension or removal of
the Library Services Director. The top candidates for the position of Library Services Director who
meet the minimum qualifications shall be examined in a qualifications appraisal process established
by the Board of Library Trustees. The City Manager shall appoint two members of the Board of
Library Trustees to serve on a qualifications appraisal panel within the qualifications appraisal
process. The appointment, suspension or removal of the Library Services Director shall reside with
the City Manager.
e. Accept money, personal property or real estate donated to the City for library purposes, subject
to the approval of the City Council.
f. Make recommendations regarding proposed 6contracts with schools, countyies, or other
governmental agencies to render or receive library services or facilities, subject to the approval of
the City Council.
Part 1- Section 708 Board of Library Trustees. Powers and Duties.
There shall be a Board of Library Trustees consisting of five members which
shall have the power @Rdduty and be required to:
a. Advise the City Council, Library Services Director, and City Manager as to the
administration of City libraries. Have -Gharrt° of and make -,nd eRfE)r e suGh
b. Consider 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.
c. Make recommendations to the Library Services Director re2ardin2 the
-Ppurchase and acquisition of aequiFe books, journals, maps, publications,
information technologV equipment, programs, materials, and other supplies
peculiar to the needs of the librarV-., subject, hewever-, to the limitatieRs of the
I I FA mw
Part 2 - Section 708 Board of Library Trustees. Powers and Duties.
d A r�ngxF ,o nr disa preye the eRt r)r romeva of the
ihrariar, whe shall be the departmem h ^^'.Advise the City Manager
regarding appointment, suspension or removal of the Library Services Director.
The top candidates for the position of Library Services Director who meet the
minimum qualifications shall be examined in a qualifications appraisal process
established by the Board of Library Trustees. The City Manager shall appoint
two members of the Board of Library Trustees to serve on a qualifications
appraisal panel within the qualifications appraisal process. The appointment,
suspension or removal of the Library Services Director shall reside with the City
Manager.
e. Accept money, personal property or real estate donated to the City for
library purposes, subject to the approval of the City Council.
f. Make recommendations regarding proposed C-contracts with schools,
countyies, or other governmental agencies to render or receive library services
or facilities, subject to the approval of the City Council.
Section 709 Parks, Beaches and Recreation Commission. Powers and Duties.
There shall be a Parks, Beaches and Recreation Commission consisting of seven
members..
The Dirks geaehes apd- Reeire- tielp !'r-mmir1;iA -4 which shall have the power and d6it
and be required to:
Act in an advisory capacity to the City Council in all matters pertaining to parks,
beaches, recreation, parkways and street trees.
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.
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.
Perform such other duties as may be prescribed by ordinance not inconsistent with the
provisions of this Charter. (Trued by ameRdFne^ +r e foeti e ApFil 1966, a
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 light 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.