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HomeMy WebLinkAbout2012-34 - Updated List of Charter Sections for Review by Charter Update CommitteeRESOLUTION NO. 2012 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPDATING THE LIST OF CITY CHARTER SECTIONS TO BE REVIEWED BY THE CHARTER UPDATE COMMITTEE. WHEREAS, Resolution No. 2012 -32 created the Charter Update Committee and was adopted by the City Council at the May 8, 2012 City Council meeting; and WHEREAS, the City Council shall direct which Charter Sections the Charter Update Committee will review and provide recommendations to the City Council. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: SECTION 1. The Committee is empowered and instructed to review issues that are approved by the City Council for the purpose of updating and modernizing the City Charter. SECTION 2. Exhibit 2 to Resolution No. 2012 -32 is hereby replaced with the Exhibit 2 attached thereto. SECTION 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 22nd day of May, 2012. ATTEST: Leilani I. Brown City Clerk Nancy Mayor EXHIBIT 2 Current Charter's Language Proposed Revision Reason Why Section 103 (Continuance of Present Officers and Employees.) The Delete entire section. This section is from the present officers and employees shall continue without interruption to adoption of the original perform the duties of their respective offices and employments upon the Charter and is no longer same conditions and for the compensation provided by the existing applicable. ordinances, resolutions, rules or laws, until the election, or appointment, and qualification of their successors under this Charter and subject to such removal and control as is provided in this Charter. The terms of office of elective officers whose offices are made appointive under this Charter shall expire upon the appointment of their successors, respectively. Section 105 (Pending Action and Proceedings.) No action or Delete entire section. This section is from the proceeding, civil or criminal, pending at the time when this Charter takes adoption of the original effect, brought by or against the City or any officer, office, department or Charter and is no longer agency thereof, shall be affected or abated by the adoption of this Charter applicable. or by anything herein contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any officer, office, department or agency party thereto, by or under this Charter, may be assigned or transferred to another officer, department or agency, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. Section 106 (Effective Date of this Charter.) This Charter shall take This proposed revision The change reflects the effect upon its approval by the Legislature. adds language amendment process regarding the process provided in the California to amend the Charter. Constitution. Section 200 (Powers.) The City shall have the power to make and enforce Minor revision to The revision is intended to all laws, rules and regulations in respect to municipal affairs, subject only to replace the word "and" reflect the intent of the such restrictions and limitations as may be provided in this Charter and in with "or" section in relation to the the Constitution of the State of California, It shall also have the power to limitation on the City's exercise, or act pursuant to any and all rights, powers, privileges, or authority to act. procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. Section 402 A (Compensation.) This proposed revision This section is proposed to The members of the City Council shall receive no compensation for their would reflect the be revised to collapse services as such. (As amended by amendments effective on April 23, 1958, current monthly existing Section 402 B and a April 28, 1966, June 6, 1974, and April 8, 1980.) stipend amount re- part from Section 404 into ceived by the City one section that re- classifies Council /Mayor. the 'reimbursement' received by Council Members and the Mayor as "compensation" because it is more accurate to call it compensation. Section 402 B (Reimbursement for Expenses.) The members of the City This section is As explained above, this Council shall receive reimbursement on order of the City Council for proposed to be section is proposed to be Council authorized traveling expenses when on official duty. In addition, deleted and collapsed removed and included in each member shall receive the sum of four hundred forty -one dollars and into Section 402. Section 402. Fifteen Cents ($441.15) per month, adjusted annually in accordance with the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, or five percent (5 %) whichever amount is lesser, as reimbursement for other expenditures imposed upon him in serving as a City Councilmember. Absence of a Councilmember from all regular and special meetings of the Council during any calendar month shall render such Councilmember ineligible to receive such sum for such calendar month. (As amended by amendments effective April 23, 1958, April 28, 1966, June 6, 1974, April 8, 1980, and December 20, 2010) Section 404 (The Mayor. Mayor Pro Tempore.) On the date of any The Mayor stipend is As explained above, the meeting of the City Council at which time the Council receives the proposed to be provision within this section certification of the results of any general or special municipal election at removed from this that relates to Mayoral which any member of Council is elected, the City Council shall, after Section and included allowance is proposed to be swearing and qualifying any newly elected member, elect one of its in Section 402. removed and included in members as its presiding officer, who shall have the title of Mayor. The Section 402. ICA Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the city government to the people, and, as occasion requires, the Mayor may inform the people of any change in such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 407 (Regular Meeting.) The City Council shall hold regular This section is proposed Sometimes the City Council meetings at least twice each month at such times as it shall fix by to be simplified by not doesn't need to meet twice ordinance or resolution and may adjourn or re- adjourn any regular meeting requiring Council to in one month — like August to a date and hour certain which shall be specified in the order of meet when it has no and December. Additionally, adjournment and when so adjourned each adjourned meeting shall be a need to do so, and requiring compliance this section is proposed to regular meeting for all purposes. If the hour to which a meeting is adjourned with the Brown Act, be amended to reflect is not stated in the order of adjournment such meetings shall be held at the rather than listing out current practices and allow hour for holding regular meetings. If at any time any regular meeting falls duplicative language on for the efficient operation of on a holiday such regular meeting shall be held on the next business day. how compliance will be City government in achieved. accordance with State law. Section 408 (Special Meetings.) Special meetings may be called at any This section is This section is proposed to time by the Mayor, or by four members of the City Council, by written notice proposed to be be amended to reflect delivered personally to each member and to each local newspaper of amended to require current practices and allow general circulation and to each radio and television station which has made compliance with the for the efficient operation of written request at least twenty -four hours before the time specified for the Brown Act and City government in proposed meeting. A special meeting may also be validly held without the remove duplicative accordance with State law. giving of such written notice, if required to be held by this Charter or if all language explaining members shall give their consent, in writing, to the holding of such meeting how compliance will and such consent is on file in the office of the City Clerk at the time of such be achieved. meeting. A telegraphic communication from a member consenting to the holding of a meeting shall be considered a consent in writing. At any special meeting only such matters may be acted upon as are referred to in such written notice or consent. (As amended effective June 6; 1974.) Section 409 (Place of Meetings.) All meetings shall be held in the Council This proposed revision This section is proposed to Chambers of the City Hall, or in such place to which any such meeting may would expand the be amended to reflect be adjourned, and shall be open to the public. If, by reason of fire, flood or locations where a City current practices and allow other emergency, it shall be unsafe to meet in the place designated, the Council meeting may for the efficient operation of 3 meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if he should fail to act, by four members of the City Council. be held as allowed by the Brown Act. City government in accordance with State law. Section 410 (Quorum. Proceedings.) A majority of the members of the This section is An electronic recorded vote City Council shall constitute a quorum to do business but a less number proposed to be should suffice, and is more may adjourn from time to time. In the absence of all the members of the amended to remove a efficient. Council from any regular meeting or adjourned regular meeting, the City roll call verbal vote Clerk may declare the same adjourned to a stated day and hour. Notice of relating to payment of a meeting adjourned by less than a quorum or by the Clerk shall be given money. by the Clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council, but need not specify the matters to be acted upon. The City Council shall judge the qualifications of its members as set forth by the Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. At the demand of any member, and upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and noes taken on such questions to be entered in the minutes of the meeting. Section 412 (Adoption of Ordinances and Resolutions.) With the sole This proposed revision This section is proposed to exception of ordinances which take effect upon adoption, referred to in this would recognize the be amended to allow for the Article, no ordinance shall be adopted by the City Council on the day of its City Council's ability to efficient operation of City introduction, nor within five days thereafter nor at any time other than at a introduce and adopt government in accordance regular or adjourned regular meeting. At the time of its introduction an an ordinance at a with State law. 11 ordinance shall become a part of the proceedings of such meeting in the regular and special custody of the City Clerk. At the time of adoption of an ordinance or meeting. resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council members present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirma- tive votes. (As amended by amendments effective on December 20, 2010) Section 418 (Ordinances. Amendment.) The amendment of any section This proposed revision This section is proposed to or sections of an ordinance may be accomplished solely by the would allow a single be amended to conserve reenactment of such section or sections at length, as amended. section to be City resources and allow for amended without the efficient operation of City requiring an entire government. ordinance to be restated. Section 421 (Contracts. Execution.) The City shall not be bound by any This proposed revision This section is proposed to contract, except as hereinafter provided, unless the same shall be made in would revise language be amended to provide writing, approved by the City Council and signed on behalf of the City by to meet the intent of greater clarity and to reflect the Mayor and City Clerk or by such other officer or officers as shall be the City's contract current practices. designated by the City Council. Any of said officers shall sign a contract on execution powers by behalf of the City when directed to do so by the City Council. By ordinance specifically 5 or resolution the City Council may authorize the City Manager to bind the referencing City, with or without a written contract, for the acquisition of equipment, employees designated materials, supplies, labor, services or other items included within the by the City Council. budget approved by the City Council, and may impose a monetary limit upon such authority. The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended, and for the conveyance of title thereto. Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. The provisions of this Section shall not apply to the services rendered by any person in the employ of the City at a regular salary. Section 425 (City Hall.) City Hall, and the administrative offices of the City This proposed revision The Police HQ is not at City of Newport Beach, and related parking, shall be located on and within the would clarify that not Hall, nor is Lifeguard 12.82 acres of real property owned by the City of Newport Beach described all City administrative Administration. as Parcel 3 of Parcel Map No. 90 -361 in the City of Newport Beach, which functions such as is bounded by Avocado Ave. on the west, San Miguel Dr. on the north, and Police Administration MacArthur Blvd. on the east, and the Newport Beach Central Library on the will be located at the south. (Added by amendment effective March 3, 2008.) new City Hall. Section 503 (Compensation and Bond.) The City Manager shall be paid This revision proposes Bonding requirements for a salary commensurate with his or her responsibilities as chief to remove the City city personnel are not used administrative officer of the City, which salary shall be established by Manager bonding anymore. ordinance or resolution. The City Manager shall furnish a corporate surety requirement and allow bond in such form and in such amount as may be determined by the City his salary to be Council. (As amended by amendments effective on December 20, 2010.) established in the same manner as the City Clerk and City Attorney, 9 Section 504 (Powers and Duties.) The City Manager shall be the head of the administrative branch of the City government. He or she shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to: (a) Appoint, and he or she may suspend or remove, subject to the provisions of this Charter, all department heads and officers of the City except elective officers and those department heads and officers the power of whose appointment is vested by the Charter in the City Council, and approve or disapprove all proposed appointments and removals of subordinate employees by officers or department heads. (b) Prepare the budget annually, submit such budget to the City Council and be responsible for its administration after its adoption. (c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding fiscal year. (d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him or her desirable, (e) Establish a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by it. (g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he or she may deem necessary or proper for the general conduct of the adminis- trative offices and departments of the City under his or her jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him or her by the City Council. (As amended by amendments effective on December 20, 2010.) 7 This proposed revision would add the word "may" to the sentence explaining the City Manager's responsibilities. This amendment is intended to provide consistency in the way responsibilities are provided within the Charter. Section 505 (Meetings.) The City Manager shall be accorded a seat at the This section is The City Manager doesn't City Council table and at all meetings of boards and commissions and shall proposed to be need to "sit at the Council be entitled to participate in their deliberations, but shall not have a vote. amended to remove table." the City Manager's right to a seat at the Council table, while preserving his or her ability to attend meetings of the City Council and the City's boards, commissions, and committees. Section 507 (Manager Pro Tempore.) The City Manager shall appoint, This section is Today, when the City subject to the approval of the City Council, one of the other officers or proposed to be an Manager is out of town, he department heads of the City to serve as Manager Pro Tempore during any amended to remove or she designates an Acting temporary absence or disability of the City Manager. If he fails to make the requirement that City Manager and informs such appointment, the City Council may appoint an officer or department the City Manager the Council who that is.. head to serve as such Manager Pro Tempore. obtain the City Council's approval before appointing an acting city manager. Section 602 (City Attorney. Powers and Duties.) To become and remain This section is This revision is intended to eligible for City Attorney the person appointed shall be an attorney at law proposed to be reflect current practices. duly licensed as such under the laws of the State of California, and shall amended to allow the have been engaged in the practice of law for at least three years prior to his City Attorney to attend or her appointment. The City Attorney shall have power and may be all meetings of the required to: (a) Represent and advise the City Council and all City Officers City Council and any in all matters of law pertaining to their offices. (b) Prosecute on behalf of the board, commission, or people any or all criminal cases arising from violation of the provisions of committee meeting this Charter or City ordinances. He or she shall prosecute misdemeanor when requested. offenses arising under State law if authorized and directed to do so by ordinance or resolution adopted by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all actions or proceedings in which any such officer or employee is concerned or is a party for any act arising out of his or her employment or by reason of his or her official capacity. (d) Attend all regular meetings of the City Council and give his or her advice or opinion in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds given to the City, endorsing his or her approval thereon in writing, (f) Prepare any and all proposed ordinances and resolutions for the City and amendments thereto. (g) Devote such time to the duties of his or her office as may be specified in the ordinance or resolution fixing the compensation for such office. (h) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein. (As amended effective April 28, 1966, and December 20, 2010.) Section 603 (City Clerk. Powers and Duties.) The City Clerk shall have This section is This amendment is intended power and be required to: (a) Attend all meetings of the City Council unless proposed to be to provide consistency in the excused and be responsible for the recording and maintaining of a full and amended to insert the way responsibilities are true record of all of the proceedings of the City Council in books that shall word "may" to the provided in the Charter. bear appropriate titles and be devoted to such purpose. (b) Maintain sentence explaining separate books, in which shall be recorded respectively all ordinances and the City Clerk's resolutions, with the certificate of the Clerk annexed to each thereof stating responsibilities. the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; keep all books properly indexed and open to public inspection when not in actual use. (c) Maintain separate books, in which a record shall be made of all written contracts and official bonds. (d) Be the custodian of the seal of the City. (e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (f) Be ex- officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (g) Have charge of all City elections. (h) Perform such other duties consistent with this Charter as may be required of him or her by ordinance or resolution of the City Council. (As amended by amendments effective on December 20, 2010.) Section 605 Director of Finance. There shall be a Director of Finance This section is This amendment is intended appointed by the City Manager and subject to suspension or removal by proposed to be to provide consistency in the the City Manager who shall have power and shall be required to: (a) Have amended to insert the way responsibilities are charge of the administration of the financial affairs of the City under the word "may' to the provided in the Charter. direction of the City Manager, and be head of the Finance Department of sentence explaining the City. (b) Compile the budget expense and income estimates for the City the Finance Director's Manager. (c) Maintain a general accounting system for the City government responsibilities. and each of its offices, departments and agencies. (d) Receive all taxes, assessments; license fees and other revenues of the City, or for whose collection the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal Government, or from any Court, or from any office, department, or agency of the City. (e) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit all funds coming into his or her hands in such depository as may be desig- nated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (f) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit, approve and provide for the payment of all bills, invoices, payrolls, demands or charges against the City and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges. (g) See that all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and all other money receivable by the City from the County, State or Federal Government, or from any court, office, department or agency of the City are collected. (h) Through the City Manager submit to the City Council and to the certified public accountant employed by the City as an independent auditor a monthly statement of all receipts, disbursements and fund balances in sufficient detail to show the exact financial condition of the City; 10 and, as of the end of each fiscal year, submit a complete financial statement and report. (i) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. Q) Assume the title of and act as City Treasurer and with the approval of the City Manager appoint deputies as necessary to act under the provisions of any law requiring or permitting action by a City Treasurer. (k) Perform such other duties consistent with this Charter as may be required of him or her by ordinance or resolution of the City Council. (As amended effective January 20, 1959, and December 20, 2010.) Section 608 (Illegal Contracts. Financial Interest.) No member of the This section is This section is proposed to City Council, department head or other officer of the City (except a member proposed to be be amended to more closely of any board or commission), shall be financially interested, directly or amended to more track State law. indirectly, in any contract, sale or transaction to which the City is a party. closely follow No member of any board or commission shall be financially interested California Government directly or indirectly, in any contract, sale or transaction to which the City is Code Section 1090 et a party and which comes before the board or commission of which such seq. person is a member for approval or other official action or which pertains to the department, office or agency of the City with which such board or commission is connected. Any contract, sale or transaction in which there shall be such an interest, as specified in this Section, shall become void at the election of the City when so declared by resolution of the City Council. No member of the City Council, department head or other officer of the City, or member of any board or commission shall be deemed to be financially interested, within the meaning of the foregoing provisions, in any contract made with a corporation where his or her only interest in the corporation is that of a stockholder and the stock owned by him or her shall amount to less than three percent (3 %) of all the stock of such corporation issued and outstanding. If any member of the City Council, department head or other officer of the City, or member of a board or commission shall be financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or her office in addition to any other penalty which may be imposed for such violation of this Charter. (As amended by amendments effective on December 20, 2010.) 11 Section 609 (Acceptance of Other Office.) Any elective officer of the City This section is This section is proposed to who shall accept or retain any other elective public office, except as proposed to be be amended to more closely provided in this Charter, shall be deemed thereby to have vacated his or amended to more track State law. her office under the City Government. (As amended by amendments closely follow the effective on December 20, 2010) incompatible office doctrine in California Government Code Section 1099. Section 611 (Official Bonds.) The City Council shall fix by ordinance or This section is This section is proposed to resolution the amounts and terms of the official bonds of all officials or proposed to be be removed to conserve City employees who are required by this Charter or by ordinance to give such deleted to remove the resources and remove an bonds. All bonds shall be executed by responsible corporate surety; shall bond language. antiquated bonding be approved as to form by the City Attorney, and shall be filed with the City requirement. Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. (As amended by amendments effective on December 20, 2010) Section 700 (In General.) There shall be the following named boards and This section is This revision provides more commissions which shall have the powers and duties herein stated. In proposed to be flexibility to the City and addition, the City Council may create by ordinance such additional advisory amended to allow streamlines City boards or commissions as in its judgment are required, and may grant to boards and government. them such powers and duties as are consistent with the provisions of this commissions to be Charter. created by ordinance and resolution. Section 702 (Appointment. Terms.) The members of each of such boards This section is This section is proposed to or commissions shall be appointed by the City Council from the qualified proposed to be be amended as part of the electors of the City, none of whom shall hold any paid office or employment amended to allow the City's current effort to reform in the City Government. They shall be subject to removal by motion of the City Council to and streamline the City's City Council adopted by at least four affirmative votes. The members establish the initial boards, commissions, and thereof shall serve for a term of four years and until their respective term of a charter, committees. successors are appointed and qualified. The members first appointed to board or commission such boards and commissions shall so classify themselves by lot that the member at the time term of one of each of their number shall expire each succeeding July first. the board or iN Where the total number of the members of a board or commission to be commission is appointed exceeds four, the classification by lot shall provide for the pairing created. of terms to such an extent as is necessary in order that the terms of at least one and not more than three shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period. (As amended effective April 1, 1955.) Section 703 (Existing Boards.) The respective terms of office of all Deletion of entire This section is from the members of the boards and commissions in existence at the time this section. adoption of the original Charter takes effect shall terminate upon the effective date of this Charter. Charter and is no longer The present members of the boards and commissions which will continue applicable. in effect under this Charter shall be deemed reappointed to the respective boards and commissions of which they are members as first appointed members thereof under this Charter. Section 704 (Meetings. Chairperson.) As soon as practicable, following This section is This section is proposed to the first day of July of every year, each of such boards and commissions proposed to be be amended as part of the shall organize by electing one of its members to serve as presiding officer amended to conserve City's current effort to reform at the pleasure of such board or commission. Each board or commission City resources and and streamline the City's shall hold regular meetings at least once each month and such special require boards and boards, commissions, and meetings as such board or commission may require. All proceedings shall commissions to committees. be open to the public. Except as may be otherwise provided in this Charter, operate according to the City Manager shall designate a secretary for the recording of minutes the Brown Act. for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. (As amended by amendments effective on December 20, 2010) Section 705 (Compensation. Vacancies.) The members of boards and This section is This section is proposed to commissions shall serve without compensation for their services as such proposed to be be amended as part of the but may receive reimbursement for necessary traveling and other expenses amended to remove City's current effort to reform 13 incurred on official duty when such expenditures have received the requirement that and streamline the City's authorization by the City Council. In addition, the City Council may by an appointment to a boards, commissions, and resolution fix an amount as reimbursement of other expenditures incurred vacated position be committees. by the members of boards and commissions while in the performance of limited to the their official duties. Any vacancies in any board or commission, from remainder of the whatever cause arising, shall be filled by appointment by the City Council. vacated term. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission absents himself or herself from three consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be a registered elector of the City, his or her office shall become vacant and shall be so declared by the City Council. (As amended effective June 6, 1974, and December 20, 2010.) Section 707 Planning Commission. Powers and Duties. The Planning This section is It's appropriate (and Commission shall have the power and be required to: (a) After a public proposed to be required) for the Planning hearing thereon, recommended to the City Council the adoption, amend- amended to clarify the Commission to review the ment or repeal of a Master Plan, or any part thereof, for the physical Commission's role in Capital Improvement development of the City. (b) Exercise such control over land subdivisions the review of Public Program (CIP) as submitted, as is granted to it by ordinance not inconsistent with the provisions of this Works projects. but for the main purpose of Charter. (c) Make recommendations to the City Council concerning assuring its consistency with proposed public works and for the clearance and rebuilding of blighted or planning and zoning issues. substandard areas within the City. (d) Exercise such functions with respect to zoning and land use as may be prescribed by ordinance not inconsistent with the provisions this Charter. Section 708 (Board of Library Trustees. Powers and Duties.) There This section includes Today, this section is shall be a Board of Library Trustees consisting of five members which shall a number of proposed contrary to a Council - have the power and duty to: (a) Have charge of the administration of City revisions intended to Manager form of government libraries and make and enforce such by -laws, rules and regulations as may clarify that the Library in at least these ways: be necessary therefor. (b) Designate its own secretary. (c) Consider the Board is an advisory O The Council has control annual budget for library purposes during the process of its preparation and body to the City over City libraries. make recommendations with respect thereto to the City Council and City Council. O The Council directs the Manager. d Purchase and acquire books, journals, maps, publications 10 and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes. The expenditure and disbursement of funds for such purchases shall be made and approved as elsewhere in this Charter provided. (e) Approve or disapprove the appointment, suspension or removal of the Librarian, who shall be the department head. (f) Accept money, personal property or real estate donated to the City for library purposes, subject to the approval of the City Council. (g) Contract with schools, county or other governmental agencies to render or receive library services or facilities, subject to the approval of the City Council. purchase of books, journals, etc. C The City Manager is the person responsible for selecting, suspending, or removing the Library Director. Section 709 (Parks, Beaches and Recreation Commission. Powers This section is Review of the City's parks and Duties.) There shall be a Parks, Beaches and Recreation Commission proposed to be and recreation budget by the consisting of seven members. The Parks, Beaches and Recreation revised to remove the Commission may be Commission shall have the power and duty to: (a) Act in an advisory requirement that the desirable from time to time, capacity to the City Council in all matters pertaining to parks, beaches, Commission review but the directive to do so recreation, parkways and street trees. (b) Consider the annual budget for the annual budget. need not be in the City parks, beaches, recreation, parkways and street tree purposes during the Charter. process of its preparation and make recommendations with respect thereto to the City Council and the City Manager. (c) Assist in the planning of parks and recreation programs for the inhabitants of the City, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. (d) Establish policies for the acquisition, development and improvement of parks, beaches and playgrounds and for the planting, care and removal of trees and shrubs in all parks, playgrounds and streets, subject to the rights and powers of the City Council. (e) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter. (As amended by amendments effective April 28, 1966, and June 6, 1974.) Section 710 (Civil Service Board.) The Civil Service Board shall consist of This section is This was unintentionally five members, none of whom while a member of the board, or for a period proposed to include omitted from the 2010 of one year after he has ceased for any reason to be a member, shall the word "she." Gender Neutral Charter occupy or be eligible for appointment to any salaried office or employment Amendment in the service of the City. The members of the Civil Service Board shall be 15 nominated and appointed in the following manner. Two members shall be appointed by the City Council from a list of five persons to be nominated by vote of the employees in the Classified Service, two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. The successor of any member of the board shall be nominated and appointed in the same manner as such member was nominated and appointed. Section 801 (Positions Included in the System.) The civil service system This section is In several cases, high -level shall include all full time, regular and permanent positions or employment proposed to remove management employees and on the Police and Fire Department of the City and may, by ordinance, certain management .'confidential" employees include any other appointive officers or positions in the service of the City positions from the Civil should be outside of the Civil except the following: 1. All elective officers. 2. City Manager, Assistant City Service System. Service system to ensure Manager, if any, one executive assistant to the City Manager, City Attorney, that they remain "at will" Assistant City Attorney, if any, City Clerk, Director of Finance, City employees Engineer, all Department Heads, and Assistant Chiefs in the Police and Fire Departments. 3. All members of boards and commissions. 4. Positions in any class or grade created for a special or temporary purpose and which may exist for a period of not longer than six months in any one calendar year. 5. Persons employed to render professional, scientific, technical or expert service. 6. Persons who render part-time service without pay or who are paid on an hourly or per diem basis. (As amended effective January 20, 1959, and December 20, 2010.) Section 1101 (Annual Budget. Preparation by the City Manager.) At This revision removes This change is intended to such date as the City Manager shall determine, each board or commission the need for each reflect current practices. and each department head shall furnish to the City Manager estimates of revenue and expenditures for his or her department for such board of board and commission commission for the ensuing fiscal year, detailed in such manner as may be to submit a budget for prescribed by the City Manager. In preparing the proposed budget, the City its activities. Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions and may revise the estimates as he or she may deem advisable. (As amended by amendments effective on December 20, 2010.) 16 Section 1114 (Claims and Demands.) Except as otherwise provided by This section is This section is proposed to the provisions of State law applicable to chartered cities, all claims for proposed to be be amended in response to damages against the City shall be filed as prescribed by ordinance. amended to clarify the a recent case from Los All other demands against the City must be in writing and may be in the process for making Angeles regulating class form of a bill, invoice, payroll, or formal demand. Each such demand shall claims and demands action lawsuits against public be presented to the Director of Finance within ninety days after the last item against the City. agencies. of the account or claim accrued. The Director of Finance shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and provide for its payment out of the property fund. Otherwise he shall reject it. The City Council may overrule any rejection by the Director of Finance and order the demand paid. The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, to the City Manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager, otherwise it shall require the approval of the City Council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the City Council which, after examining into the matter, may approve or reject the demand in whole or in part. (As amended by amendments effective on January 20, 1959, and April 28, 1966) Section 1115 (Registering Demands.) Demands on the City which are not Deletion of entire This section is from the paid for lack of funds shall be registered. All registered demands shall be section. adoption of the original paid in the order of their registration when funds therefor are available and Charter and is no longer shall bear interest from the date of registration at such rate as shall be fixed applicable. by the City Council by resolution. (As amended effective January 20, 1959) Section 1116 (Independent Audit.) The City Council shall employ at the This section is This change would follow beginning of each fiscal year, a qualified certified public accountant who proposed to be State law, save money on shall, at such time or times as may be specified by the City Council, and at amended to clarify publishing and conserve such other times as he shall determine, examine the books, records, that the City only City's resources. The inventories and reports of all officers and employees who receive, handle or needs to publish a financial system is already a disburse public funds and of all such other officers, employees or summary of the public document and is 17 departments as the City Council may direct. As soon as practicable after financial transaction made available to the public the end of the fiscal year, a final audit and report shall be submitted by report. on the City's website and at such accountant to the City Council, one copy thereof to be distributed to public counters. each member, one to the City Manager, Director of Finance and City Attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. (Section 1117 as amended effective January 20, 1959, and renumbered by amendment effective April 28, 1966.) Section 1200 (State Law Governs.) The manner in which, the times at Deletion of entire This section is from the which, and the terms for which the members of Boards of Education shall section. adoption of the original be elected or appointed, their qualifications, compensation and removal Charter and is no longer and the number which shall constitute any one of such boards shall be as applicable. now or hereafter prescribed by the Education Code of the State of California. Section 1201 (Effect of Charter.) The adoption of the Charter shall not Deletion of entire This section is from the have the effect of creating any new school district nor shall the adoption of section. adoption of the original this Charter have any effect upon the existence or boundaries of any Charter and is no longer present school districts within the City or of which the City comprises a part, applicable. but such present school districts shall continue in existence subject to the provisions of the laws of the State of California as the same now exists or hereafter may exist. Section 1400 (Definitions.) Unless the provision or the context otherwise This section is This language is already in requires, as used in this Charter: (a) "Shall' is mandatory, and "may" is proposed to be the Municipal Code and the permissive. (b) "City' is the City of Newport Beach and "department," amended to allow change allows for "board," "commission," "agency," 'officer," or "employee," is a department, deputies to act in the consistency in the execution board, commission, agency, officer or employee, as the case may be, of place of a public of duties. the City of Newport Beach. (c) "County' is the County of Orange. (d) "State' officer. is the State of California. it -] EXHIBIT 1 CHARTER UPDATE COMMITTEE AUTHORIZATION: Established by Resolution No. 2012 -32, adopted on May 8, 2012; and amended by Resolution No. 2012 -35, adopted on May 22, 2012. MEMBERSHIP: The Committee shall consist of five (5) citizens of the community appointed by the City Council. The City Council shall make an effort to appoint one (1) member from each district of the City, but if there are no qualified applicants from any district that position may be filled by an applicant from another district. The Committee shall also include a non -voting Council liaison and liaison alternate. TERM: This will be a short -term obligation, as the Committee is currently scheduled to complete its work by July 2012. PURPOSE & RESPONSIBILITIES: A. To consider possible updates to the City Charter so that an updated measure can be placed on the November 2012 ballot. B. The Committee is empowered and instructed to review the issues approved by the City Council, may also review the City Charter and make recommendations to the City Council for expanding the list of issues to be addressed. C. The Committee shall not, however, expend resources on pursuing issues that have not been approved for review by the City Council. D. The Committee members shall make every effort to attend meetings on May 24, May 31, June 7, June 14, June 21, June 28, July 5, 2012, and other dates scheduled by the Committee, or recommend alternative dates if unable to attend. Section I - Page 8 05 -22 -2012 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2012 -34 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of May, 2012, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Curry, Selich, Henn, Daigle, Mayor Gardner Noes: None Absent: None Abstain: Henn IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of May, 2012. A� City Clerk Newport Beach, California (Seal)