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HomeMy WebLinkAbout04 - General Municipal Election - 11-2-10CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 July 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office Leilani I. Brown, City Clerk 949 - 644 -3005, (brown @newportbeachca.gov SUBJECT: GENERAL MUNICIPAL ELECTION — NOVEMBER 2, 2010: ADOPTION OF RESOLUTIONS CALLING THE ELECTION AND REQUESTING CONSOLIDATION WITH THE STATEWIDE GENERAL ELECTION FOR THE PURPOSE OF THE ELECTION OF MEMBERS OF THE CITY COUNCIL FOR THE FIRST, THIRD, FOURTH, AND SIXTH DISTRICTS. RECOMMENDATION: Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 2, 2010 pursuant to Section 1000 of the City Charter: a) Adopt Resolution No. 2010- Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 2, 2010, for the Election of Members of the City Council as Required by the Provisions of the City Charter; and b) Adopt Resolution No. 2010- Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 2, 2010, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code. DISCUSSION: On July 6, 2010, the Newport Beach City Council adopted Resolution Nos. 2010 -76 and 2010 -77, which called the City's General Municipal Election on Tuesday, November 2, 2010 and requested that the Board of Supervisors of the County of Orange consolidate the City's General Municipal Election with the Statewide General Election, respectively. The purpose of the resolutions was to submit Charter amendments and related ordinance repeals to the voters. Prior to August 6, 2010, the City Council must also adopt a resolutions calling and giving notice of the November 2, 2010 General Municipal Election to elect four Council Members and request consolidation with the Statewide General Election for the same purpose. General Municipal Election - November 2, 2010 July 27, 2010 Page 2 Notice of the election will be provided in accordance with Elections Code requirements. Prepared and Submitted by: Leilani I. Brown, MMC City Clerk Attachments: Exhibit A: Resolution Calling Election Exhibit B: Resolution Requesting Consolidation General Municipal Election - November 2, 2010 July 27, 2010 Page 3 Exhibit A RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, a General Municipal Election shall be held on the first Tuesday after the first Monday of November in each even numbered year for the election of Municipal Officers; and WHEREAS, under the provisions of Section 1000 of the City Charter of the City of Newport Beach, a General Municipal Election shall be held on Tuesday, November 2, 2010 for the election of members of the City Council to represent the First, Third, Fourth, and Sixth Districts for a term of four years; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of Section 400 et seq. of the City Charter, there is called and ordered to be held in the City of Newport Beach, California, on Tuesday, November 2, 2010, a General Municipal Election for the purpose of electing members of the City Council to represent the First, Third, Fourth, and Sixth Districts for the full term of four years. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. General Municipal Election - November 2, 2010 July 27, 2010 Page 4 SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, pursuant to Election Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election in the time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 27th day of July, 2010. MAYOR ATTEST: CITY CLERK General Municipal Election - November 2, 2010 July 27, 2010 Page 5 Exhibit B RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Newport Beach, California called a General Municipal Election to be held on Tuesday, November 2, 2010, for the purpose of the election of members of the City Council to represent the First, Third, Fourth, and Sixth Districts for a term of four years; and WHEREAS, pursuant to authority provided by Article XI of the California Constitution, Title 4, Division 3, Part 1 of the Government Code (at Section 36503) of the State of California, the City of Newport Beach will submit to the voters the election of members of the City Council to represent the First, Third, Fourth, and Sixth Districts for a term of four years; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: General Municipal Election - November 2, 2010 July 27, 2010 Page 6 SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 2, 2010, for the purpose of the election of members of the City Council to represent the First, Third, Fourth, and Sixth Districts for a term of four years. SECTION 2. That the county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of Newport Beach recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 27th day of July, 2010. MAYOR ATTEST: CITY CLERK 7/iy /o RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 2, 2010 FOR THE SUBMISSION OF PROPOSED CHARTER AMENDMENTS AND ORDINANCE REPEAL WHEREAS, pursuant to authority provided by Article XI of the California Constitution, Title 4, Division 2, Chapter 2 of the California Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the California Elections Code, the City Council of the City of Newport Beach desires to submit to the voters proposed Charter amendments relating to various provisions within the Charter; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed Charter amendments to the voters. NOW, THEREFORE, THE COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS. SECTION 1. That pursuant to Article XI of the California Constitution, Title 4, Division 2, Chapter 2 of the California Government Code and Division 9, Chapter 3, Article 3 (commencing at Section 9255) of the California Elections Code, there is called and ordered to be held in the City of Newport Beach, California on Tuesday, November 2, 2010, a General Municipal Election for the purpose of submitting the following proposed Charter amendment and ordinance repeal measure: Shall the Charter be amended and ordinances repealed to: close Charter loophole that circumvents Proposition 13; restrict oil operations; amend legal document publication requirements; simplify franchise processes; increase formal bidding thresholds; adjust misdemeanor penalties; require redistricting appointments every ten years; amend Civil Service System; repeal Chamber of Commerce contribution limit; remove City contract term limitations; require vote for the sale of City owned waterfront property; make administrative changes to comply with state and federal law? YES NO FM SECTION 2. The full text of the Charter amendments and ordinance repeal submitted to the voters by the ballot measure in Section 1 is attached to this Resolution as Exhibit "1." SECTION 3. The ballots to be used at the November 2, 2010 election shall be in a form and content as required by law. SECTION 4. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. The polls shall be open at seven o'clock a.m. (7:00 a.m.) on the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 p.m.) of the same day when the polls shall be closed, except as provided in California Election Code Section 14401. SECTION 6. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 8. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this day of July, 2010. ATTEST: Leilani Brown, City Clerk Keith Curry, Mayor EXHIBIT 61151 To Resolution Calling General Election and Submitting Charter Amendments and Ordinance Reseal Redline Draft of Amended Charter Sections CLOSE CHARTER LOOPHOLE THAT CIRCUMVENTS PROPOSITION 13 Repeal the text of Section 1107 and reserve the section space for future use. Section 1107. Reserved.Tax Limits. e_ t. rW �. �_ �. _ ■. !1 except of taxable property in the City, othefwise e :e in this Sect on unle. a a t a x e ate e. t e t a Or 'MRIM : a at the -same tiFne aREI in the -s�anner e e e other provision e e t t .•a.: a e- t- t t -- t ee e to es t. •:: t t e: e e �. ■. •t Page 1 A09 (0679 —Fmol Mo.srer f>nibir I - Red fine Droft of Amended Cboner Secvon5 - one Question - -- For advertising and promotion in an amount not to exceed ten cents. 3- .-For pa4F,,4)eaehes, civic beautifisati wn- reation and playgrounds in an amount not to exceed fifteefl cents. The proceeds of speeial levies -nay be ve- purposes for -whisk such 'evies have been -made. Amend Charter Section 1113 Section 1113. Capital Improvement Fund. A fund for capital improvements generally is hereby created, to be known as the "Capital Improvement Fund ". The City Council may create by ordinance a special fund or funds for a special capital improvement purpose. The Gity GGURG 1 may levy and celleet-taxes for capital -in provements and{nayinsludeR !he annual tax levy a levy for sush-purposes -in which event +turf -appo o -any fundvr#unds the moneys derived from such levy —N may not; -in making such levy - exceed the-maximum tax -rate previded-for4n4his GharteF unless a #eriz a#firmative votes of three fifths of the eleslers- voting on the prepesitien-at any election at which such question is submilted- The City Council may transfer to any such fund any unencumbered surplus funds remaining on hand in the City at any time. Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital improvements generally, then for any such purposes, and if for a special capital improvement, then for such purpose only, unless the use of such fund for some other capital improvement purpose is authorized by the affirmative votes of a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. If the purpose for which any special capital improvement fund has been created has been accomplished, the City Council may transfer any unexpended or unencumbered surplus remaining in such fund to the fund for capital improvements generally, established by this Charter. (As amended effective April 28, 1966) RESTRICT OIL OPERATIONS Amend Charter Section 1401 Section 1401. Oil Well Drilling. No drilling including off shore drilling originating from the ocean's surface for, exploration work of any kind, production or refining of, oil, gas or other hydrocarbon Page 2 A0900673 —FUof Mosterfxhibifl Redline Dr0ft0JA1e1ded Chorter5erbons -One Question substances shall be permitted within the incorporated that area of the City of Newport such Beach. as limits exist as of the effective date -of --this Charter: -These prohibitions shall apply to any actions include taken by the City of Newport Beach itself. This Section however,,_. shall not prohibit the exploration_.or drilling for, production or processing refiaing of oil, gas or other hydrocarbon substances sertical, slant or other drilling method originating from the surface with in_ the approxjmately twenty -.­C20) acres of any territory depicted and specifically described in Exhibits. "A" and "B" to this Charter and incorporated herein by reference_ annexed to the -city after- theei#ecfive date of this Charter if such drilling, production -w refining was - -Being conducted -4n such territory-a! !he date of the annexation lheFeeftbut no-sucb -df", produeaiea er refining shall to the City -after the effestive-date of this conducted in SUGh - territory - at- Ehe-date of the annexation thereof: The owner of property annexed into the City after December 2010 shall have up to a maximum of ten years from the date of annexation to bring the property into compliance with this section. This Section shall not prohibit the continuance of production of any well slant drilled under property within the City from a location outside the City and in existence at the time this Charter takes took effect. Nor shall this section preclude the City Council from permitting the slant drilling of wells under the surface of property within the City from surface locations located either outside the City or within future annexations to the City wherein the drilling for and production of oil, gas and other hydrocarbon substances is permitted.; However, if provided - that -such slant drilling originates from the surface outside of the approximately twenty (20) acres of territory depicted in Exhibits "A" and "B" it shall first be approved by a majority of the electors voting on such proposition at any special or general municipal election, and provided further that all of the following conditions shall be complied with: (a) The holding of a public hearing upon any application for a permit to conduct such drilling; (b) The requiring of the removal of all derricks and other surface structures used in the drilling of such well upon completion or abandonment of such well; (c) The furnishing of a faithful performance surety bond and the maintenance of public liability and property damage insurance by the permittee in amounts deemed adequate by the City Council; Page 3 A09 00673 —F,nol Master Exhibit 1 - NedLne Draft of Amended Charter Sections -One Question (d) The screening by landscaping and the beautification of any production and maintenance facilities used in the operation of any such well; (e) Provisions for the payment to the City of such amounts as in the sound discretion of the Council are adequate amounts for the consideration or granting of such permit, the holding of such hearing, the making of initial and periodic inspections, the granting of easements under City property and for royalties or rentals; (f) The requirement that no such well shall traverse any land under the area of the City wherein drilling is prohibited at a vertical depth of less than 400 feet from the surface of the ground; and (g) Such other conditions as the City Council may prescribe by ordinance. (As amended effective April 23, 1958) AMEND LEGAL DOCUMENT PUBLICATION REQUIREMENTS Amend Charter Sections 414 Section 414. Ordinances. Publication. The City Clerk shall cause each ordinance to be published pursuant to the procedures established in California Government Code Section 36933 or any successor statute thereto.at-least E)AGe in the E)ff* ial newspaper within -fiff itsadGtatien. Repeal the text of Section 419 and reserve the section space for future use. e e ee. OWN WMLOOMMIN" s t t• t s :e - - e• s ot_ t s s t e se s MENt t.e t• s s - Page 4 A09 00673- -Eino1 Molter Exhib,r 1 - RedLne Oroft of Amended Chortec Sections - One Question IR the event. there is no newspaper of general -e- w' lation published arm - circulated in 4he Sity, then all legal Ralisps-e r ^' ay be published by-pesEing- copies thereof -in at Least three pubtis p4ases*i the -s+ty- No defect or irregularity -in {afeceedings taken undef -tbis- Lion; or failufe to designate an effieial newspaper, shall invalidate any publisatien where the sands otiierwise-in senfor nse: SIMPLIFY FRANCHISE PROCESSES Amend Charter Section 1301 Section 1301. Resolution of Intention. Notice and Public Hearing. Unless a different procedure is established by the Municipal Code, bBefore granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once, within fifteen days of the passage thereof, in the official newspaper. Said notice shall be published at least ten days prior to the date of hearing. At the time set for the hearing the City Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise on the terms and conditions specified in the resolution of intention to grant the same, subject to the right of referendum of the people, or it may deny the same. If the City Council shall determine that changes should be made in the terms and conditions upon which the franchise is proposed to be granted, a new resolution of intention shall be adopted and like proceedings had thereon. INCREASE FORMAL BIDDING THRESHOLDS Amend Charter Section 1110 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 Page 5 A09 00673 —Fmot Moster Exhibit t - Red/me Droft of Amended Cborter Sections -One Question exceed . Thirty Thousand Dollars ($30,000_ ), 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 least ten days before the time for opening bids. This formal dollar amount may be adjusted annually for inflation _pursuanl to an index specified by City Council resolution. Projects for the maintenance or repair of such facilities 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 specifications referred to therein, the amount of his or her 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 re advertise 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 or the supplies or materials may be purchased more economically 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. The City Council shall have the power to establish standards procedures rules or regulations in order to implement the provisions of this section. Page 6 A09-006 7 3 —Fmo/ Mosrer fxhiba I - RCOhne Draft of Amended Chorter 9eC60AS -One Quesbon ADJUST MISDEMEANOR PENALTIES Amend Charter Section 9404 Section 1404. Violations. uThe violation of any provision of this Charter shall be deemed a misdemeanor, which may be prosecuted in the name of the People of the State of California, and be punishable by a fine of not exceeding One Thousand Dollars ($1000.00) or by imprisonment in the City Jail for a term of-not exceeding six L61months or by both such fine and imprisonment. Additionally, such violations of this Charter may also be redressed by civil action and/or administrative citation. (b) The City Council may make the violation of any ordinance of the City a misdemeanor or an infraction which may be prosecuted in the name of the People of the State of California Unless specifically designated as an infraction a violation of any ordinance of the City shall constitute a misdemeanor. The maximum fine and/or penalty for any violation of a City ordinance, whether a misdemeanor or an infraction shall be established by ordinance Additionally, the violation of any City ordinance may be addressed by civil action and /or administrative citation REQUIRE REDISTRICTING APPOINTMENTS EVERY TEN YEARS Amend Charter Section 9005 Section 1005. Districts. The City is hereby divided into seven districts, the names and respective boundaries of which shall be as established by ordinance. No ordinance changing and redefining the boundaries of any district shall be enacted within six months prior to any regular Councilmanic election. Following the national censuslo 1859 and each tenthfeudh year thereafter the City Council shall appoint a committee to study and report to the City Council on the advisability of redistricting the City. Upon receipt of any such committee report, and at any other time deemed necessary or desirable in order that the district boundaries be fair and logical, the City Council may by ordinance change and redefine the boundaries of any or all of the seven districts herein established. The boundaries so defined shall be established in such manner that the district shall, as nearly as practicable, constitute natural areas of contiguous and compact territory and provide fair representation on the City Council. Notwithstanding the provisions of Section 401, no redistricting shall Page 7 A09 00073 —F,na! Master Fxhiba I Fedhne Droft of Amended Charter Sections -One Quesoon disqualify any CouncilmembermaR from serving as Councilmemberman from the district from which he or she was nominated or appointed for the remainder of his or._her term, if elected, or until the next general municipal election, if appointed. Any territory hereafter annexed to or consolidated with the City shall, at the time of such annexation or consolidation, be added by ordinance of the City Council to an adjacent district or districts. AMEND CIVIL SERVICE SYSTEM Amend Charter Provisions Governing the Civil Service System Section 711. Civil Service Board. Powers and Duties. The Civil Service Board shall have the power and duty to: (a) Recommend to the City Council, after a public hearing thereon, the adoption, amendment or repeal of civil service system rules and regulations. The rules and regulations, as may be adopted from time -to -time by the City Council, shall have the force and effect of law. (b) Act in an advisory capacity to the City Council on problems concerning personnel administration. (c) Receive and hklear appeals submitted beef any person employed byin the City employment - relative to any appointment, promotion, suspension, demotion, ef- dismissal and or other disciplinary action and to make determinations thereon. make fiRdings and reeammeAdatoons The Board's determinations shall be final for persons included in the Civil Service System. The Board may modify or revoke a disciplinary action only upon the following three grounds: 1. The facts do not justify the action taken the action taken is unlawful or the action taken is superseded by local, state or federal law: or 2. Substantive violation or omission of procedure was made: or 3. The action taken was unreasonable, capricious or arbitrary in view of the offense, the circumstances surrounding the offense and the past employee record of the employee. (d) Make any investigation concerning the administration of personnel in the municipal service and report its findings to the City Council and City Manager when Page 8 A09 00673 —Final Master Exhibit 1 - Redline Draft of Amended Chorter Sections -One Question requested to do so by the City Council, the City Manager or by any organized City Employees' association. (e) Perform such other duties as may be prescribed by ordinance. nuance of Present System. The civil ^^^^^^ system exist ^^ at theaime this GhaFter -takes effec4-,4e4he extent that the -same is sions of this-6ha ter, is hereby continued in existence --subject -te all of the terms and provisions of this 4ChaFter and subject4e -a e. 11eRt by pFopeF a UthaFL tyasinthisChairte r provided: Section 8001. Civil Service System to- BeAAaintained. There shall be a Civil Service System to establish an equitable and uniform procedure for handling personnel matters to attract to the City service the most competent persons available to assure that the appointment and promotion of employees will be based on merit and fitness, and to provide reasonable security for employees, The City Council shall by ordinance continuously maintain this acivifsew+ce system for the selection- employment, classification, advancement, suspension and discharge of those appointive officers and employees who shall be included in the system. The system shall comply with all other provisions of this Charter. Section 8012. 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: 1. All elective officers. 2. City Manager, Assistant City Manager, if any, one private - secretary 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 Depart ments.aN -emp oyees Librarian. 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. Page 9 A09 00673 —Final Matter Exh,brt 1 - Recline Draft of Amended Charter Sections -One Question 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. Section 8023. Withdrawal From System. After inclusion in the system, any departments or appointive officers or employees shall not be withdrawn therefrom, either by an outright repeal of the civil service ordinance or otherwise, unless such withdrawal has been submitted to the city electors at a special or regular municipal election and approved by a majority of two - thirds of those electors voting on the proposition. Repeal Ordinance No. 866 adopted by a vote of the people on November 24, 1958 and codified in Newport Beach Municipal Code Chapter 2.24. Acting—Appointmeni. T .rtt eo ec r t: e• t -T t t : •t • • t WE t e. etc e e •a T - - e •a. BeaFd. The teFFR oafdLshat� mean- lhe- GMI- Sewise Board establ+6hed-pufsaaRt4o this chapter arad !he 1+lewpert Beach City GhaAee •e ME - .tt T. •e • - t 1.0 T•T. .e T U.M. T!- Page 10 409-X1673 —Anal Moster Exhibit 1 - Redline Draft of Amended Charter Sections -One Question 6iti+ #�e term- 'F+ty "- shallmean the- Cityof- Newport Beach, Gity— hadw. The term "City - Charter' shall mean the -Gity- Charter of !he Sity of�-Jewpert Beach. eaR4he City- Ceeacil-ef -the Gity E) Newport Beach. group s FeSPORsibilil s, s • s s s r _' :s • e ee r s s s s s e :s e r r - e • se. - _pyrighled gr Siandafdize4-4ests, • :s a -x s - s: Newport �- -_.r a•e. .• - - :s a s: to - s :s. r s .�� e : s Page 11 A0900673 —Final Master Exhibit I Redline Draft of Amended Charter Sections -One Question Employment Lists -:-The term "employment lists" as described in Section 2.24.090 shall mean a list of the mates who are e4igible for probatienaq- appointments to pas iliews in a particular class. €ntranse- Level - aasitien�-term " entrance -level position shall mean a pesifien -in the first-- er-beginningclass in a series of Glasses which have increasiagly4esponsible duties and pregressively higher minimum quali#ieat Exempt- Position—TIhe4errn "exempt - -position" shall mean those positions -which either are- speciticatly -excluded -t City Charier from the Civ4- &ervise- System or which are nel-included in the system inaccorda 6 G • t t t • ! t - i - �9{YI• C � . it -t to e: e i. ­ t• IF*Ts ft f tt z G t •! t t t i i t i ! t Page 12 A09-006 73 - -Fmo/ Moster &bibd 1 - Redime Oro /t of Amended Cborter SeUmns -One Question Rremotioi a . - ruitment. The term "promotional recru4ment" shall mean a resFw rrient that is reStF Gled to Gily employees. Reallesation: The term "reallocation" shall mean the reassignment of sing4e positieri a Glass le a different class on4he4aasi6 of a- change in the duties and respoasit�ilities of theposition. Reassignment - -The Germ "r mean the change Of aR employee-by-a depaNmen! head from a position -in a class to another posi�he same-class A a :- to parti a_ :. yee—.T4e4erm '*eg4Aar employee" suGGessfully oompleted his psabationwy period in a c- .......... a - s e e e as e- e •e - s 0 s• e a e e e• a e. s• with the -Qty- SuspensiOR. TheAerff - "saspea employee as a-disciplinary action Page 13 A09- 00673 —Flnol Moster Exhibit 1 Redline Draft of Amended Charter Sections -One Question Qystera The term "system" shall mean the Civil -Service System created in aoo a with this -shapler —and the Newport Beach City Charter, and includiRg en4y -those positions to which4he previsions of this chapterapply. T-eFAperary- Position: The term "te II mean a- position -e#- limited duration. L L: s L • • eta e• on System. PUFSuant to Article Vill • O• 1 . L t J Sect t i e. L 0 I I t t The puFpGse of the system is-4a establish f dealing with per Rnel rnattemi !E�- attract to - the- -City service the Fnesi -comw e • and based on Fneril a : 0•• - Pier&�ereby established a C�W Sepvire Board - consistipg -of five rnembers- to-be • eete - f s e a • s M-WIFFIRM "N 2.24.050 Responsibe#itiesand- Author ty-of Eleard The -# rd shall tae •e_ f e f - s :r. • f c Page 14 A09-0O673 —Final Molter txhrbd 1 - Redline Draft ofAmended Charter SCChons -One Quemon B. Rules-and Regulations. To recommend te4h"ity Council, after appreval by the fter a public hearing thereOR, the adoption,- amendmeRl, er repeal of rules aad- regulations -to implement-Ahe - provisions of this chapter: - After adopt*P -gy motien- of- tfae-City Council,- sash -roles and regulations shah have the force and effect of law. G. Appeals. TO Fe6eive and heaF appeals e s tt •s e. e • yment rel five tO OFiginal appoirAxamAl, pfemotion, • • e s e• _e s - fules and regulations; to finding and ..f e. e t t-t .: D. AdyseFy Role. To a6l an e. s e- t adminiStratiGR R the City se t e• t- a provismORS of Wis chapter and Fegulations,49-estab4ish, policies . I t oye pFoGeduFe fO"be 6eleGtieR--ef --Civil i. s t -testing- - t Ii A t e e •s - t. t t • - ee. s t s ZY s r t o t. The Gity Managw_shaµbe responsible fOF the foNewirrc Page 15 A09.0067) —Final Mater Exhibit 1 - Redline Oroft of Amended Chorter Sections - One Oue4ian amendments prior to their -,; hrnission by the Board to the- City-Council for its appreval- Roles aad re Mations$ hall he adopted -by rrletkH - e#-the-fity Council: EF C. - - -- -Personnel-- Rresedures. Administration of -Board policies and-- presedures within the4rarnework-ef444is -chapt a, his announcement -of vacancies and examinations and the- review of applications for employment. t. t :.,,, ee- c t t• e- c t �_ e ee- -t e t e t e- e •e Loij -- .t. t e : e t• Mtih7. . A. GeneFal 'e icyi A tte - t: by- 1. y:...:.::.:, _ e t t r •• MM N Page 16 A09 00(73 —Flnol Aloster fxh,blt I - Redline Draft of Amended Chorter SW.WS -One Quesbon r•o WQPFT VWXF s f- :t t r: .'eyFReRlliSlandlheapp9iRlFneRt •r x c G. r•r intments. -tR -the -absence of e f Mt f in any :• of for •f r uRdeF an t .tli D. Te� Positian&.—Appointments to temporary positions need not be ma t ! E. t ! t t • t 0 t t. G t' of t. gar emf r -- i] t f ]tt j4,y a -appfoyal of t •• s• s .-..-........ V =e. t• f t t e. i Wki wallry !• 1 f L A09-00673 —Fino) Master EYhibi[ 1 - Redline Droft of Amended Chorter Seaions -One Question department- head and reduced to the position he oc- Gupied prior to such promotion. without r rovided he ha4- acgoWe44e9utar statas-in such former position. If the employee had not acquired - regular status in the system prior to . such - premotion; ..he may he diseharged- without -right of appeal to the Board- X90 Employment Iists: A, Prior+ties R io4y for consideration for employment shall be gWeR to employment Ws in 4he4ellowing er of list� and open employment +fists. II Reemployment U The feenm9eyment list for t t names of the-fG49wwig--. t e ! G 7 t :a G- e • t ......... e• t • �. •. G •e e - W I!; G: III ISMITIMMIRIIIIIIIIII! Page 18 AD9.00G73 —Fmo1 Mosterfxhibrt] Redline Draft of Amended Charter Sections -One Question 1. If a. Feemployme it list exists for the class, the highest name or-such list shall be ce444ed -for each vacancy to be filled: Names on prorrroEieaal -0r open employment lists shall not be-certified if a reempleyrnent list-for -the Glass exists. - -no person may be -app —OF transferred to any-- posilion in- the system - -unless he possesses the - minimum qualifications set forth in4he- c4ass- specificatkw64e"hat position- � 2:24:100 Selection Of NFe Police Chiefs: A.--Went. 41-is4he e sec4io p9mion f best t e e t !. t _ f .f •. CL �• t t C L f• i be seventy peFGeA4-. - t G 1 Preparation-of shall !- i f : S S i �t .y :.. t t. i raw-M! t i ME 2"M . S L s f t t ■ 3-- Line - person- seteoted-by the City MaFlaqeF. Page 19 A09 OD673— Finn / Mosrer Exhibit 1 Redline Dro(t of Amended Choner Sections -One Question F. EstablishRaent. of Qualification Factors. The scope of the written test and -fhe faeters -to -be rated by the qualifications appraisal board.&hall be jointly established by the 6#y Manager and the Board- 6---- CenfomiaRSe4e- Minimum- Qualifications. In order to be-e4igi 4o cempeteiw-the selection process for - -Police Chief or Fire Chief, all candidates rrwst- pessess the minimum tions- set forth- R the Oass speeifieations. SuGh Glass specifications shalt be prepared -by the City Manager wit4 the appreval-ofahe Board. p Z,ccH 71", y • e e t t t_ s .t• te- t-•. t e s. a e- e i .:- •t i mailed, i •t ed-or standard zed tests. and-6effqm"4ons—by -cempaFiRg his -answer sheet-with -the--key answer Gh6et. -The et. s Reelt - -t t. t- - t .e- e the-Riagwig • tt t Fey a wherein he bel*eyes an-error has-been made. e: t• - t 2:24.130 CGndiilens 14F Employment: Page 20 A09-00673 —Emo/ Master Exhibit t - Redime Draft of Amended Charter Sections -One Question A. - Applications. The Board - -shall have the -right to- require all applicants to -wit app! isations, agreements: or ^t -pert+neat4g4heir.employment. B. Exempt Positions. Where there is no actual break in- aentinueus service, an empbyee ha r regular status in a- pesitiea -in- the - system ache -is appeinted to an- exempt positien,shatl retain such -talus in the -civil Sew. Upen vacating- the - exempt positien, I on his request de- Festered-to his termeFstatusin the position unless the reason for such vacating is su#€isient groundsTer ty service as described in this chapter. •e a e L • - 24AWNPOmployee The--Beard shall GeRyeRe OR FegUlar or • t T i t t t ! t . t EFUMM M f . L 1 •. ' L � • L - 'ii 4-- The-taets- do-not justify the- aslien-taken -. Page 21 A09. 00673 —Finot Moster Exhib,t i - Redtine Droft Of Amended Chorter Sections -One Questmn 2. Substan ,4ve violation or omission of procedure was made. 2. The action taken - was - unreasonable, capricious or ar-134 -in-vlew of the offense, the circumstances- sarreunding the offense,- and the past - record of-the 4GYee- � t Wit. e• a -e a s- ee o e- e e e t e Manager, t-t. .t from whose actiof+-the_-,3ppeaI 2.724.470 • e 4- Take an- astwe- part-in a County of Orange or City potitieal campaign- s t o t e e et t 1. Becemirx}eFGontinuing to bea member of a politer organization. e t e: IM Page 22 A09 006)3 —Final Mosier EXnib;r 1 - Redline Draft of Amended Charter Se[vOns -One Question 6. - --- -- D sk but Rg- ha(JW.s,- parnphiets, dodgers or handbills, or otheF activities in connection- with - such - petition if not carried on kNs hours o€- weFk-or when he is dressed in the uniform required in his-64- department. 2.24.180 Status €- P.-iier- Impteyees. Any-em �VeveraleF 2-9;--1958, attained pfebationary or regulaF- status in --the system shall ain sas€ status: - Employees in perrnanent-pesitions4s4#e Pelise and -Fire-Departments on such date who had not previously been considered -as being in the system shall an such -date be presumed to_have- completed th& prebatie - pededs 2 24190 with Gity GharteF. In the event of any conflict between this chapter and the City Charter-,4he-provisiens of the City CharteF shall prevail. Fz� ��I�E �.•tEi[�11F7iLlit'T��J_ i1 iLTzr 7 W e _ WIWI _ IS IMIMIM"M bovo4hifds s ors voting = a t r system- .• s r s a SIZE r e s' e _ REPEAL LIMITATION ON CHAMBER OF COMMERCE CONTRIBUTION Repeal Ordinance No. 743 adopted by a vote of the people on March 15, 1955 and codified in Newport Beach Municipal Code Chapter 3.24. e e zffl I E _:TM P. r. :s .rr rr Page 23 A09 00073 —Fmol MoSter Exhibit 1 - Redne Owolt of Amended Chorret Sections -One Question REPEAL LIMITATION ON LONG TERM CONTRACTS Repeal the text of Section 420 and reserve the section space for future use Section 420. Reserved.Gontract The -city Coun&shall net -have the power to make or authorize any eoni -or lease or extension theree€ -for aIengeF period -than twenty -five year trasF lease or-extension be approved -bye Fnajerity of the--gualified e!eE;tE)FS e the City voting en such question at -any election. longer period s#iall be valid without sash approval if i€ provides for the acquisition4)y-the­City at4he -en4of such pe4ode €4heFeal OFpersenal property -so leased or- cenirasted for. This Sestien 6ha4 -AGt apply to any- franchise- granted - pursuant to -4h& pFevisions of this Sharter or-to- any contrast- for -tlae furnishing; er acquisition of -the products; commodily OF services-ef any PUbl*G Utility. SALE OF WATER FRONT PROPERTY Amend Charter Section 1402 Section 1402. Water -front Property. The City Council shall not sell or convey any water -front or beach property, excepting to the State or to the County for use as a public beach or park, without an affirmative vote of the electorate at a general or special election. Notwithstanding any other provision of this Charter, the City Council shall have the authority to lease City -owned property, including tide and submerged lands so long as the lease is limited to the term permitted by State law. Nothing in this Section shall invalidate any lease of such property in existence at the time of the effective date of the Charter nor the future leasing or re- leasing of any such property under lease at the effective date of this Charter. There shall be reserved forever to the people the public use of a strip of bay front land above mean high tide not less than eighty -five feet in depth of the city -owned water front 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 bay front frontage. Page 24 A09 09673 —Fmo/ Moster fxhib;r 1 - Redime Draft of Amended Chatter Sections -One Questmn CITY MANAGER'S RESIDENCY (ADMINISTRATIVE CHANGE) Repeat the text of Section 501 and reserve the section space for future use. Section 501. Reserved.Residence. The -City Manager need - i be a Fes den!-of the City at the time-of his appeialment, but he shall establish his residence w4h# n_ the City -within ninety-days afteF hisappointrnent, unless sueh period - -is— extended by —Hoe —City Gounsi�- -and thereafter maintain Ns residen y- during his tenure of office: GENDER NEUTRAL REFERENCES (ADMINISTRATIVE CHANGES) Update Various Charter Sections to be Gender Neutral Section 402 -B. Reimbursement for Expenses. The members of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling expenses when on official duty. In addition, each member shall receive the sum of four hundred forty -one dollars and 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 Councilmemberman. Absence of a Councilmemberman from all regular and special meetings of the Council during any calendar month shall render such Councilmembermafl ineligible to receive such sum for such calendar month. Section 403. Vacancy. A vacancy in the City Council from whatever cause arising, shall be filled by appointment by the City Council of a qualified person from the district in which the vacancy has occurred, such appointee to hold office until the first Tuesday following the next general municipal election and until his or her successor qualifies. At the next general municipal election following any vacancy, a Councilmemberman shall be elected from the district in which the vacancy exists to serve for the remainder of the unexpired term. If a member of the City Council absents himself or herself from all regular meetings of the City Council for a period of sixty days consecutively from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes, or is convicted of a crime involving moral Page 25 A09"73 —pool Mosier Exhibit Redline OroJt nJAme�ded Chortei Sections -One QueShon turpitude, or ceases to be a qualified elector of his or her district, his or her office shall become vacant and shall be so declared by the City Council. In the event the City Council shall fail to fill a vacancy by appointment within thirty days after such office shall have been so declared vacant, it shall forthwith cause an election to be held to fill such vacancy from the proper district. Section 406. Interference in Administrative Service. Neither the City Council nor any of its members shall interfere with the execution by the City Manager of his or her powers and duties, or order, directly or indirectly, the appointment by the City Manager or by any of the department heads in the administrative service of the City, of any person to an office or employment or his or her removal therefrom. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. Section 500. City Manager. There shall be a City Manager appointed by the City Council who shall be the chief administrative officer of the City. In the selection of a City Manager the City Council shall screen all qualified applicants and other qualified persons known by the Council to be available. It shall appoint by a majority vote, the person that it believes to be best qualified on the basis of his or her executive and administrative qualifications, with special reference to his or her experience in, and his or her knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The City Manager shall serve at the pleasure of the City Council. Section 502. Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member of the City Council nor within one year after he or she has ceased to be a City Councilmembemaan. 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 salary shall be established by ordinance or resolution. The City Manager shall furnish a corporate surety bond in such form and in such amount as may be determined by the City Council. Section 504. Powers and Duties. Page 26 A09-0067) —F,no1 Mo.ater Exhibit f - Nedhne D af[ of Amended Charter Sectrons -One Ouesdon 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 administrative offices and departments of the City under his jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him or her by the City Council. Page 27 A09D0673 —Finol Maste /rxh,bitl Redline Draft of Amended Chonet Sections -One O.estion 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 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. Section 603. City Clerk. Powers and Duties. Page 28 AD9."73 —Final Mos ter £xhib,t I - Redbne Dr ft of Amended Chorter Sections —One Question 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. 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. Page 29 A09-W673— Final Master Exhibit 1 - Redbne Draft of Amended Charter Se tons -One Question (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. 0) 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. Page 30 A09 "73 —Final Mosier fxhfbit 1 - Redbne Drofi of Amended fhorter Sec(ws -One Question (k) Perform such other duties consistent with this Charter as may be required of him or her..by ordnance or resolution of the City Council. Section 606. Administering Oaths. Each department head and his or her deputies shall have the power to administer oaths and affirmations in connection with any official business pertaining to his or her department. Section 607. Department Heads. Appointment Powers. Each department head and appointive officer shall have the power to appoint, suspend and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for his or her department or office, subject to the provisions of this Charter and of any personnel, merit or civil service system adopted hereunder. Any such appointment or removal by a department head appointed by the City Manager shall be subject to approval by the City Manager. Section 608. Illegal Contracts. Financial Interest. No member of the City Council, department head or other officer of the City (except a member of any board or commission), shall be financially interested, directly or indirectly, in any contract, sale or transaction to which the City is a party. No member of any board or commission shall be financially interested directly or indirectly, in any contract, sale or transaction to which the City is a party and which comes before the board or commission of which such 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 Page 31 A09-aX73 —Rnol Moster fshibit 1 - Redline Draft of Amended Charter Sections -One Question conviction thereof he or she shall forfeit his of her office in addition to any other penalty which may be imposed for such violation of this Charter. Section 609. Acceptance of Other Office. Any elective officer of the City who shall accept or retain any other elective public office, except as provided in this Charter, shall be deemed thereby to have vacated his or her office under the City Government. Section 610. Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall any department head or other officer having appointive power appoint any relative of his or hers within such degree to any such position. 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 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. Section 704. Meetings. Chairpersonmen. As soon as practicable, following the first day of July of every year, each of such 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 least once each month and such special meetings as such board or commission may require. All proceedings shall be open to the public. Except as may be otherwise provided in this Charter, the City Manager shall designate a secretary 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 Page 32 A090067 ?—F,nol Masrer EMbitt Redline Draft of Amended Charter Sections -One Question the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. Section 705. Compensation. Vacancies. The members of boards and commissions shall serve without compensation for their services as such but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. In addition, the City Council may by resolution fix an amount as reimbursement of other expenditures incurred by the members of boards and commissions while in the performance of their official duties. Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. 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. Section 1004. Voters Signing Nomination Petitions. The voters signing and petition for the nomination of any person to the office of Councilmemberman shall be residents and registered voters of the district from which such person is to be nominated. Section 1101. Annual Budget. Preparation by the City Manager. At such date as the City Manager shall determine, each board or commission and each department head shall furnish to the City Manager estimates of revenue and expenditures for his or her department for such board of commission 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, boards or commissions and may revise the estimates as he or she may deem advisable. End Page 33 A09-006 73 —Finof Moirer Exhibit I Redline Draft of Amended Charter Se[bonf -One Ouesnnn Exhibit A to Charter Ilk It I' i h PS P - • • I`rrII Proposed oil Well Operational Area AWI -"lNy 20 ACRES Yl1LLCA �• I Existing Oil Well Operational Area 46616 ACRES 1 -~ • CAy al Wells AgrveNo1414mNy Agrve Weny+.�: ' _ JJI {I{ fW Qu L. O O.1 ounpb �..� -.� CAy By O Oc>5 ] IS W I•:XIIIBI I .1 LEGAL DESCRIPTION ALL "I HOSE CERTAIN LANDS SI'I'UA TIED PAR I I.Y IN 1111.. CITY OF NI'.WPOR'l BLACII AND PARTLY IN ] HE UNINCORPORA "1'1:1) I I`.RRI TORY OI ORANGE• COUNTY, S'I A "I li OF CALIFORNIA, MORI: P.ARI'ICULARLY DI- SCRIBI D AS FOLLOWS PARCEL 1: BEGINNING AT A POINT IN THAT CFRI AIN COURSI{ IN 171E EXISTING NI'.WPORT BEACH CITY BOUNDARY SHOWN AS "SO IT11 68 °22'45" FAST 756.00 FFIE 1"' ON A MAI' FILED IN BOOK 65, PAGES 31 THROUGH 36 OF RECORDS OF SURVEYS IN'I HE OFFICE OP TI IF COUNTY RFCORDFR OF SAID COU'NI1', DISTANT THEREON SOUTH 68 022'45•• FAST 280.00 FIT F FROM THE NORTHWESTERLY TI-RMINl1S THEREOF; THENCE ALONG SAID NEWPORT BEACH CITY BOUNDARY SOUTH 68 "22'45" EAST 476.00 FEET TO AN ANGLE POINT TIIEREIN; THENCE CONTINUING ALONG SAID BOUNDARY SOUTI 17605 1'00" FAST 171.96 FEET; THENCE LEAVING SAID BOUNDARY NOR 11123'17'40" EAST 144.41 FEET; T11F,NCE NORTH 66 °42'20° WEST 650.57 F'EE'T TO A I.INE WHICII BEARS NORTH 21037'15" EAST FROM THE POINT OF BEGINNING; THENCE: SOUfff 21 037'15" WEST 188.68 FEET TO'I'l1E POINT OF BEGINNING. CONTAINING 113,953 SQUARE FFIA OR 2.616 ACRES MORE OR LF,SS. AS SHOWN ON EXHIBIT B- PARCFI. 1 ATTACHED HERETO AND BY THIS REFE•RFNCE MADE A PART IIERFOP PARCEL2: BEGINNING AT THE. NORTHERLY TERMINUS OF THAT CERTAIN COURSE: IN 111E EXISTING NEWPORT BEACH CITY BOUNDARY SHOWN AS "SOUTH 4 031'.;3" BAST 439.65 FEET" ON SAID RECORD OF SURVEY, SAID POINT ALSO 13EING ON THE NORTHWESTERLY LINE OF PARCEL "A" AS DESCRIBED IN QUITCLAIM DFI:D TO THE CITY OF NEWPORT BEACII, RECORDED APRIL 12, 1983 AS INSTRUMENT NO. 83- 151675 M:`hlapping�Kl AI'1.cga1s' {('NH Chancn6il Well Coawhdanon Legal dx `:62010 Page 1 of 8 EX1111H I A i'VGAI. 1)ESC'RI1' LION OP OFFICIAI. RLC'ORLIS OP ORANGIi UOUNTY; HIENCE ALONG SAID CITY BOUNDARY SOIIT I 1 4"31'33• BAST 139.65 FEET AND SOUTH 20`1 I'42" BAST 233.33 FI;1 {'I''TO A POINT IN THE NORTHERLY LINE OF PARCEL 73170 -1 IN THAT CERTAIN FINAL. DECREE OF CONDEMNATION, SUPERIOR COURT CASE NO. 667539. A CERT'IFIFD COPY OF WHICH WAS RECORDED JANUARY 14, 1994 AS INSTRUMENT NO. 94- 0032786 OF OFFICIAL. RECORDS OF ORANGE COUNTY; THENCE ALONG SAID NORTHERLY LINE. SOUTH 83 "25'55" EAST 241.16 FEET, SOUI'l 16042'45" WEST 5.00 FEET AND SOI"I H 8Y1T15" EAST 54.65 FEET TO THE INTERSECTION WTI H THE NOR'I'HF.AS'IT.RI..Y LINK OF SAID PARCEL "A "; THENCE ALONG SAID NORTHEASTERLY I.INT: AND ITS NORTITW'I--S'I'I :IU,Y PROLONGATION NORTH 12 059'57" WEST 770.26 FEET] 0 IT'S INTERSECTION WI I'll WITH TI IE• NORI'I IEAS "1'1 ?RLY PROI.ONGATTON OF SAID NORTHWEST FRLY LINE OF PARCEL "A ': THENCE' ALONG; SAID PROLONGATION AND NORTHWESTEWX LINE SOUTH 77000'03" W EST• 241.44 FEET TO TIIE POINT OF BEGINNING. CONTAINING 200,487 SQUARE FEET OR 4.603 ACRES MORE OR LESS. AS SHOWN ON EXIIIBIT B- PARCEL, 2 AYI'ACHED HERETO AND BY THIS REFERENCE MADE A PART HER 17 W. PARC:EI, 3: COMMENCING AT THE SOUTIIEASTFRI.Y I FRMINUS OF THAT C•IiRFA1N COURSE IN HIF. CENTERLINE OF A 30.00 FOOT EASF.MF.N'I FOR SEWER AND ROAD PURPOSES PF.R SUPERIOR COURT CASE NO. 24763 SHOWN AS "NORTH 76 032'23" WI;S'1' 1596.18 FEET' ON SAIL) RECORD OF SURVEY; THENCE NORTH 28 040'56" WEST 325.82 FRET TO TI IF. POINT OF BEGINNING; THENCE SOUTH 82 03716" FAST 43.30 FEET TO A POINT ON A NONA ANGENTCURVI; CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 231.91 FEET, A RADIAL I.INE TO IWAlarpng�S2 I '1) I LcgaK.('NU ChancriUd Weil Cmmu lidanon LcgaI Ax 7h.2uM Page 2 of 8 -; \111131 F A LFGA1, DI•:SCltll'7ION SAIL) KANI" BEARS NORM 76'1611" WEST; THENCE NOR IIIIiAS FRLY ALONG SAID CURVF 118.37 FFFT, - 1'IIROU(iH A C'IiNIRAL ANGLE OF 29 014'39" TO A POINT Ol' NONAAN(; NC'Y WILII A CURVE CONCAVE SOU 111FAS FRI.Y, HAVING A RADIUS OF 194.00 1:1.11 . A RADIAL LINF FROM Till: CEN FR OF SAID 194.00 FOOT RADIUS ('URVIi BEARS NOItlli 48" 19' 12" WI;ST; TIIF.NCI? NORTHEAS'I "ERLY ALONG SAIL) CURVE 53.36 FEET, IIIROUGII .A CN.NTRAI. AN'GI.E OF 15`45'35`1'0 A POIN "1 OF REVERSE CURVE, IIAVING A RADIUS OF 258.00 P'1i1i7•. A IZr1I)lA►. ►.1NIi '('O SAII) PO ►N'►' 13►'.ARS SOUTH 32 "33'.37" I {AST; THENCI! NORTHFASTNRI.Y 36.46 FFFT ALONG SAIL) CURVE: THROUGH A CENTRAL ANGLF OF 08005'52" TO THl'. BEGINNING OF A REVERSE. CURVIi, HAVING .A RADIUS OF 40.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 40 03929" WEST; THENCE LAS H"FLY 36.09 FEET ALONG SAID CURVE THROUGH A CIiNTR.AI. ANGLE OF 51`41'45" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS Of-' 73.00 FEET, A RADIAL LINNTO SAID POINF BEAKS SOUTH 11 00216" WF.S'l 'HIF:NC1. F.ASTFRI.Y 39.00 FEET ALONG SAID CURVE THROUGIT A CEN'1 "RAL ANGLE Of-' 30 °36'35" TO THE BEGINNING OF A REVERSE C'URVE, HAVING A RADIUS OF 432.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 19 03419" WEST; THENCE EAS'II;RI.Y 161.89 FIi1CF ALONG SAID CURVE THROUGH A CENTRAI, ANGLE Of: 21 °28'18" TO THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 245.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 01'53'59" WEST; THENCE EASTERLY 52.80 FEET ALONG SAID C'URVF? THROUGH A CENTRAI. ANGLE OF 12`20'51" TO llll? BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 54.00 FEET, A RADIAI. LINE TO SAID POINT BEARS SOUTH 10 "26'52" FAST; THENCE NORTHEASTERLY 60.21 FEF I AI.ONG SAID CURVE THROUGH A CENTRAI. ANGLE OF 63 °53'17 "'1'O THE BEGINNING OF A REVERSE CURVE, HAVING A RADIUS OF 170.00 FEE']', A RADIAI. I.INE TO SAID POINT BEARS NORTH 74 °20'09" WEST; THENCE NORTIIFASTL'RI.Y 89.85 FEET ALONG SAID CURVE THROUGH A CENTRAI. ANGI.EOF 30 01657 "; THENCE NORTH 45 °56'48" EAST• 203.87 FF'FT TO Tlll'. BEGINNING OF A CURVE CONCAVE NORTHWESTERLY. HAVING A RADIUS OF 740.00 FEET; h1:' "blappinR.921+011I.cgak ('NR ChancGUd Wcll Conmlula,w 1 cgal dnc 7.6;20 10 Page 3 0( S FXIIIIITT A LEGAL DF:SCRll''HON THENCE NORT'IIFAS'I FRLY 70.14 FEET ALONG SAID CURVE THRCIUGII A CFNTRAI, ANGLE OE 05`25'51"T0 HIF 131:6INNING OF A REVERSE CURVE-, HAVING A RADIUS OI 86.00 FEEI'. A RADIAI. LINE "1 O SAID POINT BEARS NORTH 49`29'01" WEST: THENCE NOIZ'1'HLASTFRLY 39.86 FEET ALONG SAID CURVE TTIROUGII A CENTRAL ANGLE OE 26133'32": T'l1ENC'E NORTH 67"04'29" FAS'l 61.05 FFETTO TTlli BEGINNING OP A CURVE CONCAVE NO RTJIWFSTFRI.Y. HAVING A RADIUS OF 211.00 FFE'T; ITII'.N'CI: NORTHEASTERLY 191.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52 "00'11 ": THENCE' NORTH 15 004'18" CAST 50.45 FTili'I : THENCE NOR III 75`09'09" WEST 274.42 FEEI TCl A E'OIN'f ON A NON- TAN(i1:N'I' CURVE CONCAVE. WESTERLY, IEAVING A RADIUS OF 475.00 FEET, A RADIAI. LINE 'TO SAID POINT BEARS NORTH 873507" HASP: THENCE SOU HIERLY 159.68 FEET ALONG SAID CURVE, THR0001-1 A CENTRAL ANG[T. OE 19 01541" TO THE BEGINNING OF A COMPOUND CURVE, HAVING A RADIUS OF 211.00 FF:F.T, A RADIAL LINE TO SAID POINT BEARS SOUTH 73 10912" EAST, THENCE; SOUT•HWF:S'I IiRLY 261.71 FLIT ALONG SAID CURVI: TITROUGII A CHN'IRAL ANGLE OF 71003'59" TO THE BEGINNING OF A COMPOUND CURVE. IIAVING A RADIUS OF 615.00 FuT, A RADIAI. LINE TO SAID POINT 13EARS SOUTH 02 °05'14" FAST; THENCE'. WESTERLY 258,77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 °06'29 ": THENCE NORTH 67 058'45" WEST 85.44 FEET; THENCE NOR'T'H 14 °50'32" FAST 165.94 FEET; THENCE NORTH 75 009'09" WEST 204.52 FEET; THI'.NCI'. SOUTH 15 018'26" WEST 64(1.52 FEET; THENCE SOUTH 34059'06'' EAST' 199.12 FF:FT; THENCE SOUTH 82 03716" EAS'1 65.32 FEET TO THE POINT OF BEGINNING. CONTAINING 400,572 SQUARE FEET OR 9.196 ACRES MORI; OR LESS. AS SHOWN ON EXHIBIT B- PARCEL 3 A'I- I'AC'HI:D HE'RE'TO AND BY THIS REFERENCE MADE: A PART IIERFOF. \1. Mappmy x2 �' II •.�.cga�s.r; lri Cjion.,� hj W,lI c j.caal.dm 7i6^010 Page 4 of 8 1•:X111111'1 ,% LEGAL DE.SCRI19 WN PARCEL 4: STRIP 1: A STRIP OF LAND 30.00 FEFT IN WIDTIL THE, CI :N "IYRLINE OI: SAID STRIP BITING DESC:RJB1i1) AS FOLLOWS BEGINNING .AT A POINT IN THAT CERTAIN COLIRSI'. IN 1Tll: CEN'1 "ERL,INE OF A 30.00 FOOT EASWENT FOR Sf.'WF.R AND ROAD PURPOSES PER SUPERIOR COURT CASE NO. 24769 SHOWN AS "NORTII 76'32'23" \T'ES'L, 1596.18 FIiEI" ON SAID RECORD OF SURVEY, D)STANT THF.RF.ON SOIJI'l1 76'32.23" FAST 148.00 FEET FROM THE NORTHWESTERLY IERMIMJSTIIERI:OF; THENCE ALONG SAID CENTF.RLTNF SOUTI 176'32'23" EAST 20.16 FEET TO A POINT IIFRFINAPTER REFEIUI ED TO AS POINT "A "; TIIE•NCF. CONTINUING ALONG SAID CL•NTERI.INF. FIIE FOLLOWING COURSES: SOUTH 76'32'23" EAST 1428.02 FFEL SOUTH 32'55'45" EAST 521.40 FEET, SOUTH 27' I S' 15" F AS1' 595.00 FEET, SOUTH 14'36'45' EAST 264.00 PEE "1, SOUTH 5'33'45" WEST 217.00 FELT AND SOUTH 12" 59'57" EAST 585.03 FEET TO 1'111: NORTHWEST17RLY LINE. OF HIE IIL•REINABOVF DESCRIBED PARCEL 2. LHE SIDEI.INES OF SAID STRIP SIIALL BE LBNGTIIENI ?D OR SHORTYNED T'O TERMINATE SOUTHERLY ON SAID NORITIWESTERLY LINE OF PARCEL 2. CONTAINING 108,918 SQUARE FEET OR 2.500 ACRES MORE OR LESS. NIr Mappmg.KI Ml cgjls ('ND (luncnOrl We II ('nnsnhdaunn Legal dm 7.6 +2010 Page 5 of 8 F.XIIIIII'I A LEGAL DESCRIPTION STRIP 2: A STRIP 017 LAND 30.00 Fl?l :l' IN WIDTH.]] IL C ENI LRLINE OF SAID STRIP BLIND DESCRIBED AS FOLLOWS: BF,CINNINC AT HERF.INBEFORK MENTIONED POINT "A THENCE SOIL'l 1103' 18'27'• EAST 303.61 FEETT'O IIIE BEGINNING OF A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 51 S.00 FEET; THENCE SOU FHERLY ALONG SAID CURVI :202.03 1:11:1 HIROUGH A CENTRAL, ANGLE OF 22' 28' T% THENCE SOUTH 19° 10' 10" WEST 507.25 FEET TO THE NORTHEASTERLY LINE 01; I IEREINBF.FORE DESCRIBED PARCEL, 1. IIIE SIDELINES OF SAID STRIP OF LAND SHALL BE LF.N(i rHFNF.D OR SIIORTENFD TO TERMINATE. NORTHERLY IN THE SOUTHWESTERLY LINK OF SAID 30.00 FOU'I' EASEMENT FOR SEWER, AND SOUTILI ?RI.Y IN T111: NORTHEASTERLY LINE OF SAID PARCEL 1. CONTAINING 29,917 SQUARE FEET OR 0.687 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT B- PARCEI. 4 ATTACIIFD HERETO AND BY THIS REFERENCE MADI? A PART HEREOF. PARCEL S: STRIP 1: A STRIP OF LAND 20.00 11 ?I :'I' IN WIDTH, THE. SOUTHW-ESITRLY LINE OF SAID STRIP LYING 15.00 FEET NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING: AT THE LNTFRSF•CTION OF THE NORTHWESTERLY LINT: OF PARCEL "A" AS DESCRIBED IN QUITCLAIM DEED TO THE CITY OF NEWPORT BEACH RECORDED APRIL. 12, 1983 AS INSTRUMENT NO. 93- 151675, OF OFFICIAL. RECORDS OF ORANGE COUNTY, Wll H THE CENTERLINE 01: A 30.00 FOOT EASEMENT FOR SFWFR AND ROAD PI' Alapp .g 82F0 I �l egahA'NU ('hancrUd Well Cnnsoldal inn legal Joa 7 Page 6 of 8 I•: \1111317' A I.1"CAL DESCRIPTION PURPOSES PFR SUPFRIOR COURT CASK NO. 24763 AS SHOWN ON SAID RECORD OI: SURVEY: 'I HENCE ALONG SAID CIiNTER1.INl: Till: FOLLOWING COIIRSI :S: NORI H 12 059'57" WES1' 585.03 FEET. NORTH 5'33'45" EAST 217.00 FEET, NOR '1'l1 14 036'45" WEST 264.00 FEET. NORTH 27015'15" WEST 595.00 FELT AND NORTH 3T'55'45" WEST 521.40 FFFT "FO A POINT I IEIWNAFTER REFERRED TO AS POINT "B" THE SIDELINES OF SAID STRIP SHAH. 131; LE -N I HENED OR SHORTENED TO FERMINATE SOUTHERLY IN TILE NORTIIWI :S "I'FRLY LINE AND TIIF NORTHEAS "I'ERLY PROLONGATION OF THE NORFHWESTERL.Y LINE OF SAID PARCEL "A" AND N'ORT'HERLY IN A LINE HAVING A BLARING OF NORTH 57 00415" FAST AND PASSING THROU(i11 SAID POINT "B ". CONTAINING 43,823 SQUARE FELT OR 1.006 ACRES MORE OR LESS STRIP 2: A STRIP OF LAND 30.00 FFJT IN WIDTH, "I'HE SOUTHWESTERLY LINT: OF SAID STRIP LYING 5.00 FEET NORTHEASTERLY FROM Till: FOLLOWING DESCRI13ED LINE: BEGINNING AT IIEREINBEFORI'. MENTIONED POINT "B'% THENCE NORTH 28`40'56" WEST 325.82 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "C" THE SIDE LINES OF SAID STRIP SHALL. BE LENGTHENED OR SHOR'l ENED TO TERMINATE NORTTIWESTERLY IN A LINE HAVING A BEARING OF SOUTH 82 037'16" EAST AND PASSING *ITIROU(iH SAID POINT "C ", AND SOUTHEASTERLY IN A LINE. HAVING A BLARING OF NORTH 57 004'15" EAST AND Al Kbppm, %R2I .01'1.cgal5`fNR C'hancr.OJ Wdl ('nnvd dm.,a Lcge1 npc 20:+010 Page 7 of 8 EXHIBIT A LEGAL DESCRIP PION PASSING THROUGH SAID POINT "B ". EXCEPT T14EREFROM THAT PORTION LYING WITI IIN PARCEL 4, STRIP I AS DESCRIBED ABOVE. CONTAINING 9,190 SQUARE FEET OR 0.211 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT B- PARCEL 5 ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED THIS (.y DAY OF-__, 2010. i SAND l JS I XP 12/3' /.1 <s 5)h Il y^FCF Cpl. MiiMnpping1g21'DI \LcydsiCNB Choner•Ail Wdl Consolidation Lepl.dx 7.13/10 10 Page 8 of 8 / PARCEL 4 A ♦���� R.s.e. se i ai - ae P.O.C. PARM 1 $� 7 aitgp / TP.oa ♦�♦ �l ��PARCQ 1 ♦♦_ ate_ PARCEL 1 �♦ ♦♦ 2816 ACK ♦♦` ` ♦♦ ♦ ` ♦ ♦� CY7y ¢ 414 "31,00.w !V 1 I DENoTm PARCEL 1 AREA L - - -J "4I EXHBT 8—PARCEL l DAZE.• 07/01/10 - = FUSCOE OIL VJU OPae n0lQL sites SCALE 1•=120• G1 — crrr or t impIr EXAM & X 821.0102 ■ ■ I ■ t 1 ■ I ■ c Umcolmol mm TE WrORY Or OSANIM coum . 949 4 7411960: b 99; 474 31s`."�..'f ,1 w m CALMM . 1 OF 5 M: \MAPPING \821 \01 \LEGALS \CNB CHARTER \82101 OIL WELL CONSOLIDATION. DWC (07- 06 -10) CITY OF NEWORT BEACH BOUNDARY PAH r NMLY 11E PARCEL *Ae / W. NQ 83- 151675, OR TRACT NO. 172 I UK2ai6I -e ALIT L7E PER INST. NO. 89- 466419 OR �l 1 N'LY LIE OF PARCEL 73170 -1 PER RIM. NO. 94- 0032786 OR I I 16 - - -i A 1 1 1 1 PARCEL 5 PARCEL 4 11 r 241A4� 1 1 1 , ` SCALB 1- IW 1 SANN1Na TRACT 11 �� PARCEL 2 1 4.683 AM DRUM CW 1 PARCEL A 1 1 83- 151675 OR 1 1 w� PORTION LOT D . "06.42451 Ynl S.00• 155 U177 )sew fis1 an OF 7Pae1 — — c BEACH L _ � \ WW100Aer _ 4 1 . - Z 9 -_ -.- I111� EXF®IT B —PARCEL 2 DAM • 07101110 1, '= FUSCOE on Wm o>murtaNn AM SCALE: 1 =120' 1x77 OF NNMRT execs r A 821.0102 1 ■ o I • 1 ■ ■ I ■ o UMCOY nMM 7ER8MXY 01 ORAMI R COU[ii'Y. 1 1&1940 4474.1960 ene.1960 6 , I m � 9 eI 9 O.Up, 4 Inane, Cehbmo 9i(,PA SJIS • ...v buw.mm CeTaORNTe M: \MAPPING \821 \01 \LECALS \CNB CHARTER \82101 OIL WELL CONSOLIOATION.OWG (07- 06 -10) r - - --i DENOTES PARCEL 3 AREA R.s.a. 66 i at - ae sl siaoe'12'E ��cc1� ``I- 575WO9'E 1 `y c I 6,24v6'2e' L-25&+_i PARCEL 3 9.196 ACR \ It / c ` V _JR�14'1L'�iiRZ_�! ` E2 %� LS PAa 1 N \ 4N * X \ PA.0 PER RSE T36 >k TRACT 100 91-4W336 OR PARCEL 4 H75TA'09'W LOT 9 PARCEL 5 aTY OF IEWMT BEACH WHODARY SCALD T -100' �11�1 EXF W "ARCB— 3 DA fE 07101110 FUSCOE on WZU orsssr ON" axes SCALE: 1' =200' lilt.• — crnr or NalrmT =&M r JJ: 821.0102 • • • • • ` UNUTOOxro8AT1M Tr7'O�T OF ORAMM OOUNM 3 OF 5 16195 Van K... Sv.0 100. 1m. Cal.iwa.v 91606 MI 949.174 1960 . Ivx 969 Q. 5315 • w b <. M: \MAPPING \821 \01 \LEGAL5 \CN8 CHARTER \82101 CURVE TE%T.OWG (07- 06 -10) ©0 , EEEE3■ J "WWW71"lli[ 5 © 7rA?'>�i'.71 M! 1= �. T1 1mE1".=1Ml 10 .::Y" iiraM INGINIF �11�1 EXF W "ARCB— 3 DA fE 07101110 FUSCOE on WZU orsssr ON" axes SCALE: 1' =200' lilt.• — crnr or NalrmT =&M r JJ: 821.0102 • • • • • ` UNUTOOxro8AT1M Tr7'O�T OF ORAMM OOUNM 3 OF 5 16195 Van K... Sv.0 100. 1m. Cal.iwa.v 91606 MI 949.174 1960 . Ivx 969 Q. 5315 • w b <. M: \MAPPING \821 \01 \LEGAL5 \CN8 CHARTER \82101 CURVE TE%T.OWG (07- 06 -10) O wrkmv INGINIF !11 mffmmwrm !0�-O ..l1 1101111777MEWRIFIrm ® rl i t^1 MEEEIgo �11�1 EXF W "ARCB— 3 DA fE 07101110 FUSCOE on WZU orsssr ON" axes SCALE: 1' =200' lilt.• — crnr or NalrmT =&M r JJ: 821.0102 • • • • • ` UNUTOOxro8AT1M Tr7'O�T OF ORAMM OOUNM 3 OF 5 16195 Van K... Sv.0 100. 1m. Cal.iwa.v 91606 MI 949.174 1960 . Ivx 969 Q. 5315 • w b <. M: \MAPPING \821 \01 \LEGAL5 \CN8 CHARTER \82101 CURVE TE%T.OWG (07- 06 -10) It 7 �l PARCEL 0.667 ACR %0f y' o, �b n 4 \ BANN1No PDA \ PARCH SIR& 1 PONE A' PARCEL 4 S1RP 2 � ( / PARCEL S / \, TRACT 30.1.61' _7 y 6-2278'37' TRACT 100 R- 51a0o' 91.466898, O.R. L -2020Y R.B.B. 86 / a1 - 38 A � pw BCAL.E■ T - 800' r - - --i I I DENOTES PARCH. 4 AFEA L - - -J -fi 1p573WEs 217.07 M�4 � 2.500 ACR PARCEL 2 r1T WLZA� 264.00' 1 � 1 I 1 I 1 , _ ,.dl ExHM B- PARCEL 4 DALE- 07/01/10 FUSCOE on. VEM o>�nONAL � Sa4LE. 1- -120' le,.. cyff OF NERPOBT RUCH a „N• 821.0102 ■ o I ■ ■ I ■ o UNINCORPORATED TEMUTORY OF ORUM COum. bl v.o n. 1 ow. � o.04i.$2i s[.' -1.9 p, WYFVENU 4 OF 5 M: \MAPPING \B2t \01 \LEGAL5\CNB CrNRTER \82101 OIL WELL CONSOLIOATION.OWG (07- 06 -10) r , 6 I PARCEL 5 Ir 30' EAGEMW / SIPoV 2 SEE DETAL \ /) 0.211 ACR L — — J - TRACT 100 \ N325545 W 91- 455338 OR \ \_ 521.40' f 30' ESP PER BK 910/19 OR 59500' N14'W45'w_ 264.00 N0533Y5E 1 212.00' SCALEI' -100' N1259'5rw 56503' 1 L _ —1 DEICREB PARCEL 5 AREA j 1 I ► 11. a = FUSCOE 1■ 0 1■ I I■ 1■ t 1619S V. Kan-, S .n I OD. 1-.,, C.H -n 92606 10 9.9 U6 1960 • Im 9.9 O, 3215 n .e.., M'. ce \ I \\ \ Nenrls�w I Part -v \�\ \ 4130' p I _ NS W'IS'E VA \\ I L - - - -fig - - -J MJAL SCALE, T■100' PARCEL PO' EABEMBR STRIP 1 1.006 ACR. EXHM "ARCS- 5 om IML oPM&aoNAL AM CM OF MEBPM BEACH & HCORPORAIM MUM" 01 OBINOE, CAUP01 U M \MAPPING \821 \01 \LEGALS \CNB CHARTER \82101 OIL WELL CONSOLIDATIONDWG (O /- OO -IU) DA 7E.- 07101110 SALE. • 1 400' A. 821.0102 5 OF 5