HomeMy WebLinkAbout8161 - General Municipal Election - 4-9-19740
RESOLUTION NO. 8161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ORDERING THE SUBMISSION OF
PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY
OF NEWPORT BEACH TO THE QUALIFIED ELECTORS OF
SAID CITY AT THE REGULAR GENERAL MUNICIPAL
ELECTION TO BE HELD ON APRIL 9, 1974
WHEREAS, the City Council by Resolution No. 8162 called
a regular general municipal election to be held on April 9, 1974,
as provided in the Charter of the City of Newport Beach; and
WHEREAS, the City Council of said City desires to
submit to the qualified electors of said City certain proposed
amendments to the Charter of the City of Newport Beach as herein-
after set forth;
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as
follows:
SECTION 1. The City Council, pursuant to its right
and authority so to do, does hereby determine that there shall
be and there are hereby ordered submitted to the qualified
electors of said City at said regular general municipal election
the following proposed Charter Amendments:
PROPOSITION ONE - CHARTER AMENDMENT
The exact form of the ballot to submit
Proposition One to the qualified electors of the City of Newport
Beach, with the language enclosed by the lines appearing on
the ballot, is as follows:
' PROPOSITION 1 - CHARTER AMENDMENT:
YES ,
' Shall Proposition 1, which amends, deletes '
' and updates certain sections of the City '
' Charter to bring it into conformity with NO
' existing laws and to eliminate duplication
' and conflict, be ratified? '
A punch placed in the voting square after the word
"YES" as set out above shall be counted in favor of the adoption
of the above proposition.
A punch placed in the voting square after the word
"NO" as -set out above shall be counted against the adoption of
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the above proposition.
Should Proposition One receive a favorable vote and be
approved, the following sections of the City Charter shall be
amended to read as follows:
Section 401. Eligibility.
"Section 401. Eligibility. No person shall be
eligible to hold office as a member of the City Council unless
he is and shall have been for at least ninety days immediately
preceding his nomination or appointment, a gNa}i €ied registered
elector of the district from which he is nominated or appointed,
and for at least three *ears one year immediately preceding his
election or appointment, a registered qua}i €ied elector of the
City."
Section 408. Special Meetings.
"Section 408. Special Meetings. Special meetings may
be called at any time by the Mayor, or by four members of the
City Council, by written notice delivered personally to each
member and to each local newspaper of general circulation and
request at least twenty -four hours before the time specified
for the proposed meeting. A special meeting may also be
validly held without the giving of such written notice, if
required to be held by this Charter or if all members shall give
their consent, in writing, to the holding of such meeting and
such consent is on file in the office of the City Clerk at the
time of such meeting. A telegraphic communication from a member
consenting to the holding of a meeting shall be considered a
consent in writing. At any special meeting only such matters
may be acted upon as are referred to in such written notice or
consent."
Section 417. Ordinances. Violations. Penalty.
"6eeties- 4 }�--- 9�disasees- -- Vie }atiess--- Pesa }ty: - -A
vie }at }ea -e €- asp- e�disasee- a € -tke- city- ska } }- eesstiti�te -a
miedeKtease� -asd- may- be- g�eseeated- is -tke- same - a €- tke- Peeg }e
e€-tke-6tate- a €- Ea } # €e�sia -e�- stay- 'He- �ed�essed- by- eiv # }- set }es -
�Pke- maximt�ttt- €ise -e�- gees }ty- €e� -asy- vie }sties - a €- a -eitp
e�elisasee- sY�a } }- 'He- tke- st�tt- a €- 9se- �ket�sas� -se} }ass -�$ }666 }; -ems
a- te�Fa- a €- iatg�isesmest- €ems- a- ge�ied- set- exeeedisg- sax- tnestks;
e�- 'Hetk- sael3 - €ise- asd- ixtg�is esatest-- -�Pke- city- eettsei } -inay
g�evide- �y -e�di sasee- tkat- ge�sese- iing�isesed -is -the- city -yai}
€ems- vie }sties - a €- }aw- e� -e�di sasee - may- be- eemge} }eel- te- }a�e� -es
gttb }ie- we�les :"
Section 706. Planning Commission. Members.
"Section 706. Planning Commission. Members. There
shall be a Planning Commission consisting of seven members.
The- Planning- Direeter -- the- eity -Ssg# seer- asd - the- esty- Atterseyr
e�- tl3ei�- aseistastsr -ska} }_meet -witk- asd- ga�tieigate- is -tke
disenssiess- e€- tke- Planning- eemmissies- �r�t- ska } }- set - leave -a
vote. -"
• Section 709. Parks, Beaches and Recreation Commission.
"Section 709. Parks, Beaches and Recreation Commission.
Powers and Duties. There shall be a Parks, Beaches and
Recreation Commission consisting of seven members.
The Parks, Beaches and Recreation Commission shall have
the power and duty to:
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(a) Act in an advisory capacity to the City Council
in all matters pertaining to parks, beaches, recreation,
parkways and street trees.
(b) Consider the annual budget for parks, beaches,
recreation, parkways and street tree purposes during the
process of its preparation and make recommendations with
respect thereto to the City Council and the City Manager.
{e} Aggeeve- ee- dsaggeeve- tire- agge #xtmext;- stisgexs #ex
• ee- Eemeval- e€- the- Park s-- Beaekes- aad- ReeEeat #ex- B#EeeteE -whe
shall-be-the-department-head.
{d} (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.
4e} (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."
Section 712. City Arts Commission.
a Citv Arts Commission consisting of seven
a) Act in an advisory capacity to the
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(c) On behalf of the City, actively encourage programs
for the cultural enrichment of the community.
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Section 900. Retirement Svstem.
"Section 900. State Retirement System. Plenary authority
and power are hereby vested in the City, its City Council and its
several officers, agents and employees to do and perform any
act, and to exercise any authority granted, permitted, or
required under the provisions of the State Public Employees'
Retirement Act, as it now exists or hereafter may be amended, to
enable the City to continue as a contracting City under the
State Public Employees' Retirement System. The City Council may
• terminate any contract with the Board of Administration of the
State Public Employees' Retirement System only under authority
granted by ordinance adopted by a majority vote of the electors
of the City, voting on such proposition at an election at which
such proposal is presented."
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Section 1404. Violations.
"Section 1404. Violations. The violation of any
provision of this Charter shall be deemed- a- mledemeaneE -and
be punishable by a fine of not exceeding One Thousand Dollars
($1000) or by imprisonment for a term of not exceeding six
months, or by both such fine and imprisonment."
• (Strike -out type
indicates
words
being
deleted
by the amendment;
underlined words
are those
being
added
by the
amendment.)
PROPOSITION TWO - CHARTER AMENDMENT
The exact form of the ballot to submit Proposition Two
to the qualified electors of the City of Newport Beach, with the
language enclosed by the lines appearing on the ballot, is as
follows;
' PROPOSITION 2 - CHARTER AMENDMENT:
' Shall Proposition 2, which amends certain
:'-YES ' '
' sections of the City Charter pertaining
'
' to the maximum amounts allowed as reimburse-
'
' ment for expenses incurred by the Mayor and
' Councilmen; authorizing the City Council to
' fix an amount as reimbursement for expenses
'
' for members of boards and commissions; and
' NO
' delegating authority to the City Council to
'
' adjust said maximum amounts based on the
'
' Consumer Price Index, be ratified?
A punch placed in the voting square after the word
"YES" as set out above shall be counted in favor of the adoption
of the above proposition.
A punch placed in the voting square after the word
"NO" as set out above shall be counted against the adoption of
the above proposition.
Should Proposition Two receive a favorable vote and
be approved, the following sections of the City Charter shall be
amended to read as follows;
Section 402. Compensation.
"Section 402A. Compensation. The members of the City
Council shall receive no compensation for their services as
such.
• Section 402B. Reimbursement for Expenses. The members
of the City Council shall receive reimbursenent on order of
the City Council for Council authorized traveling and -ether
expenses when on official duty. In addition each member shall
receive the sum of Three Hundred
Dollars ($300) per month, whieh-ameent- shall -be- deemed -te -be
�e #tnl9t��s extent - a €- etl�e� -et�t- a €- gee3eet- eacgendltn�es- and -eests
adjusted annually in accordance with the U. S. Department of
Labor. Bureau
. as
reimbursement for other expenditures imposes upon nun in
serving as a City Councilman. Absence of a Councilman from
all regular and special meetings of the Council during any
calendar month shall render such Councilman ineligible to
receive such sum for such calendar month."
Section 404. The Mayor. Mayor Pro Tempore.
• "Section 404. The Mayor. Mayor Pro Tempore. On the
first Tuesday following any general or special municipal
election at which any Councilman is elected, the City Council
shall meet and shall elect one of its members as its presiding
officer, who shall have the title of Mayor. The Mayor shall
have a voice and vote in all its proceedings. He shall be
the official head of the City for all ceremonial purposes.
He shall have the primary but not exclusive responsibility
for interpreting the policies, programs and needs of the City
government to the people, and, as occasion requires, he may
inform the people of any major change in policy or program.
He shall perform such other duties consistent with his office
as may be prescribed by this Charter or as may be imposed by
the City Council. The Mayor shall serve in such capacity at
the pleasure of the City Council.
In addition to the payment for expenses as a Councilman
under Section 402B, the City Council may provide by resolution
for the payment to the Mayor of an allowance of not exceeding
Apse- Ht�aded -Be} }ass- {$ }AA} One Hundred Fifty Dollars ($150)
per month, adjusted annually in accordance with the U. S.
to reimburse him for the additional demaees -n
expenses incurred by him in serving as Mayor.
The City Council shall 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 his absence or
disability."
Section 705. Compensation. Vacancies.
"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
as reimbursement o
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Any vacancies in any board or commission, from whatever
cause arising, shall be filled by appointment by the City
Council. Upon a vacancy occurring leaving an unexpired portion
of a term, any appointment to fill such vacancy shall be for
the unexpired portion of such term. If a member of a board
or commission absents himself 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
be } } €}ed elector of the City, his
ceases to a Elaa registered
office shall become vacant and shall be so declared by the
City Council."
(Strike -out type indicates words being deleted by the amendment;
underlined words are those being added by the amendment.)
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PROPOSITION THREE - CHARTER AMENDMENT
The exact form of the ballot to submit Proposition Three
to the qualified electors of the City of Newport Beach, with the
language enclosed by the lines appearing on the ballot, is as
follows:
•
The exact form
of the ballot to submit
'
•
to the
PROPOSITION 3 - CHARTER AMENDMENT:
qualified electors
of the City of Newport
Beach, with the
' Shall Proposition 3, which amends
' YES
' Section 420 of the City Charter to
'
' authorize the City Council to enter into
' contracts or lease property for a period
' NO
' of 55 years instead of 25 years, subject
'
' to certain restrictions, be ratified?
A punch placed in the voting square after the word
"YES" as set out above shall be counted in favor of the adoption
of the above proposition.
A punch placed in the voting square after the word
"NO" as set out above shall be counted against the adoption of
the above proposition.
Should Proposition Three receive a favorable vote and
be approved, Section 420 of the City Charter shall be amended to
read as follows:
"Section 420. Contracts. Restrictions. The City
Council shall not have the power to make or authorize any
contract or lease or extension thereof for a longer period than
twenty-five fifty -five (55) years, subject to the provisions
of Section 1402, unless said contract, lease or extension be
approved by a majority of the qualified registered electors of
the City voting on such question at any election. A contract,
lease or extension for a longer period shall be valid without
such approval if it provides for the acquisition by the City
at the end of such period of the real or personal property so
leased or contracted for. This Section shall not apply to any
franchise granted pursuant to the provisions of this Charter
or to any contract for the furnishing, or acquisition of the
products, commodity or services of any public utility."
(Strike -out type indicates words being 'deleted by the amendment;
underlined.words. are those being added by the amendment.)
PROPOSITION FOUR - CHARTER AMENDMENT
language enclosed by the lines appearing on the ballot, is as
follows:
The exact form
of the ballot to submit
Proposition Four
•
to the
qualified electors
of the City of Newport
Beach, with the
language enclosed by the lines appearing on the ballot, is as
follows:
' PROPOSITION 4 - CHARTER AMENDMENT:
' Shall Proposition 4, which amends YES '
' Section 1110 of the City Charter to
' increase from $5,000 to $12,000 the '
' total amount of expenditures on public
' works contracts required to be let by NO ,
' the City Council, to conform with '
• increased construction costs, be '
' ratified? '
A punch placed in the voting square after the word
"YES" as set out above shall be counted in favor of the adoption
of the above proposition.
A punch placed in the voting square after the word
"NO" as set out above shall be counted against the adoption of
the above proposition.
Should Proposition Four receive a favorable vote and
be approved, Section 1110 of the City Charter shall be amended.
to read as follows:
"Section 1110. Contracts on Public Works. Every
project for the construction or improvement of public buildings,
works, streets, drains, sewers, utilities, parks or playgrounds,
and every purchase of supplies or materials for any such
project, when the total expenditures required for the project
exceed Twelve Thousand Dollars
($12,000), or such lesser amount as may be established by
ordinance, shall be let by the City Council by contract to the
lowest responsible bidder after notice by publication in the
official newspaper by one or more insertions, the first of which
shall be at lease ten days before the time for opening bids.
Projects for the maintenance or repair of streets, drains or
sewers are excepted from the requirements of this paragraph
if the City Council determines that such work can be performed
more economically by a City department than by contracting
for the doing of such work.
All bids shall be accompanied by either a certified or
cashier's check, or a bidder's bond executed by a corporate
surety authorized to engage in such business in California,
made payable to the City. Such security shall be in an amount
not less than that specified in the notice inviting bids or in
the specifications referred to therein, or if no amount be so
specified then in an amount not less than ten percent (10 %) of
the aggregate amount of the bid. If the successful bidder
neglects or refuses to enter into the contract, within the
time specified in the notice inviting bids or in the specifica-
tions referred to therein, the amount of his bidder's security
shall be declared forfeited to the City and shall be collected
and paid into its general fund, and all bonds so forfeited shall
• be prosecuted and the amount thereof collected and paid into
such fund. The City Council may reject any and all bids
presented and may readvertise in its discretion.
The City Council, without advertising for bids, or
after rejecting bids, or if no bids were received, may declare
and determine that, in its opinion, based on estimates approved
by the City Manager, the work in question may be performed
better and more economically by the City with its own employees
-7-
I
or the supplies or materials may be purchased more e;onomically
on the open market, and after the adoption of a resolution to
this effect by at least five affirmative votes of the Council
may proceed to have said work done or said supplies or
materials purchased in the manner stated, without further
observance of the provisions of this Section. Such contracts
likewise may be let without advertising for bids, if such work
or supplies or materials shall be deemed by the City Council
to be of urgent necessity for the preservation of life, health
• or property, and shall be authorized by resolution passed by
at least five affirmative votes of the Council and containing
a declaration of the facts constituting such urgency."
(Strike -out type indicates words being deleted by the amendment;
underlined words are those being added by the amendment.)
PROPOSITION FIVE - CHARTER AMENDMENT
The exact form of the ballot to submit Proposition Five
to the qualified electors of the City of Newport Beach, with the
language enclosed by the lines appearing on the ballot, is as
follows:
' PROPOSITION 5 - CHARTER AMENDMENT:
YES ,
' Shall Proposition 5, which amends Section '
' 1402 of the City Charter to permit the '
' sale of waterfront property upon prior ' NO
' voter approval, be ratified?
A punch placed in the voting square after the word
"YES" as set out above shall be counted in favor of the adoption
of the above proposition.
A punch placed in the voting square after the word
"NO" as set out above shall be counted against the adoption of
the above proposition.
Should Proposition Five receive a favorable vote and
be approved, Section 1402 of the City Charter shall be amended
to read as follows:
"Section 1402. Water -Front Property. The City eeuneil
shall not lease, sell, exchange or otherwise convey any water-
front or beach property exeegting- to -the- State- or-te- tote- eeunty
€ e�- nse- as- a- ga'Hl3e- �eaek- e�- ga�'#-
the -elty unless and -until such the- leasing- tkeree €- shall -has
•
been lease, sale, exchange or conveyance is authorized or
approved by a majority of the registered electors voting on
seek a proposition for such authorization or approval at any
a general or special municipal election; provided and except
however, that this Section shall not sxealidate -any- lease -e€
seek - property-- in- ex #stenee - at- the- t #me -e €- the- e4 €set #ve -date
e €- eke- Eka�ae�- new- the- €nta�e- leas €rig -ems -tee- leasing - a €- ar�y -s
g�ege�ty- ex�de�- lease -at- the -e€ €set }ee - date -e €- this- e$aetee
prevent:
"I
0
0
There shall be reserved forever to the people the public
use of a strip of bayfront land above mean high tide not less
than 85 feet in.depth of the City -owned waterfront property
bounded on the west by the southeasterly line of Nineteenth
Street and bounded on the east by a line parallel thereto lying
349.90 feet northwesterly of the northwesterly line of Fifteenth
Street, said frontage to be bayfront frontage."
(Strike -out type indicates words being deleted by the amendment;
underlined words are those being added by the amendment.)
ADOPTED this 17th day of December, 1973.
ATTEST:
FIE® AS THE INAL
.. 0
617Y CLERK OF . THE CIT.. Y OF NE V RT BEACH
PAM 44V 3 1 9996
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1/8/74