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HomeMy WebLinkAbout18 - CCO - 11-06-12 General Municipal ElectionF SEW PART o� ,P 9<�coa" TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 18 July 24, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office Leilani I. Brown, City Clerk 949 - 644 -3005, [brown @newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk APPROVED: A /� TITLE: NOVEMBER 6, 2012 GENERAL MUNICIPAL ELECTION ABSTRACT: Under the provisions of Newport Beach City Charter Section 1000, 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 for such other purposes as the City Council may prescribe. RECOMMENDATION: a) Adopt the following resolutions pertaining to the General Municipal Election scheduled for Tuesday, November 6, 2012, pursuant to Section 1000 of the City Charter: 1) Adopt Resolution No. 2012 -67: Calling and Giving Notice of the Holding of a General Municipal Election to be Held on Tuesday, November 6, 2012, for the Election of Members of the City Council as Required by the Provisions of the City Charter. 2) Adopt Resolution No. 2012 -68: Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 6, 2012, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code (Council Candidates). 3) Adopt Resolution No. 2012 -69: Adopting Regulations for Candidates for Elective Office Pertaining to Candidates Statements Submitted to the Voters at an Election to be held on Tuesday, November 6, 2012. 1 November 6, 2012 General Municipal Election July 24, 2012 Page 2 4) Adopt Resolution No. 2012 -70: Calling and Giving Notice of the Holding of a General Municipal Election to be held on Tuesday, November 6, 2012 for the Submission of Proposed Charter Amendments. 5) Adopt Resolution No. 2012 -71: Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 6, 2012, with the Statewide General Election to be Held on the Same Date Pursuant to Section 10403 of the Elections Code (Charter Amendments). 6) After discussion, adopt Resolution No. 2012 -72: Setting Priorities for Filing Written Arguments Regarding City Measures, and Directing the City Attorney to Prepare an Impartial Analysis. 7) Adopt Resolution No. 2012 -73: Providing for the Filing of Rebuttal Arguments for a City Measure Submitted to Voters at the General Municipal Election to be Held on Tuesday, November 6, 2012 Pursuant to California Elections Code Section 9285; and b) Designate a City Council Member or Members to draft a Direct Argument for the ballot measure, and any Rebuttal Argument, if needed. DISCUSSION: General Municipal Election: Section 1002 of the Newport Beach City Charter indicates that unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California for the holding of municipal elections, as long as they do not conflict with the City Charter. Prior to August 10, 2012, the City Council must submit to the County of Orange Registrar of Voters ( "ROV ") a resolution calling and giving notice of the November 6, 2012 General Municipal Election to elect three Council Members, request consolidation with the Statewide General Election, and regulations pertaining to Candidates Statements. Further, resolutions will also need to be submitted relative to any City measure, including text. The Impartial Analysis and Direct Arguments are also due to the ROV by August 10. The candidate filing period for the November 6, 2012 election will open on Monday, July 16, 2012, and close at 5:00 p.m. on Friday, August 10, 2012. If an incumbent does not file, the period is extended to 5:00 pm on Wednesday, August 15, 2012 for candidates other than the incumbent to file. 2 November 6, 2012 General Municipal Election July 24, 2012 Page 3 It is optional for each candidate to submit a Candidate's Statement. If the candidate chooses to have a statement included in the Sample Ballot, the resolution stipulates that the cost involved are paid by the candidate at the time the nomination paper is filed. Based on an estimate from the ROV, the deposit for printing each statement (maximum 200 words) in the Sample Ballot is $1,098. The resolutions calling and giving notice of the November 6, 2012 General Municipal Election to elect three Council Members, requesting consolidation with the Statewide General Election, and regulations for Candidate's Statements are presented as Attachments A, B, and C, respectively. Notice of the election will be provided in accordance with Elections Code requirements. Charter Amendments: The Charter Update Committee ( "Committee ") was established by the Newport Beach City Council on May 8, 2012. After an application process, the Newport Beach City Council appointed seven citizens to the Committee on May 22, 2012. The Committee was tasked with reviewing sections of the City Charter and making recommendations to the City Council. The Charter Sections reviewed include those which could be modernized to reflect modern -day practices and improve the efficiency of the City and sections that could benefit from possible update for policy reasons. The following is a list of Charter sections that the City Council are recommending be placed on a ballot for addition, amendment or repeal: CHARTER SECTIONS Article I. Incorporation and Succession ACTION Section 103 Continuance of Present Officers and Emplo ees. Repealed Section 105 (Pending Action and Proceedings.) Repealed Section 106 Effective Date of this Charter. Amended Article II. Powers of City Section 200 Powers. Amended Article IV. City Council Section 402 A (Compensation.) Renumber and Amended Section 402 B (Reimbursement for Expenses.) Incorporated into Section 402 Section 404 (The Mayor. Mayor Pro Tempore.) Amended Section 407 (Regular Meetings.) Amended Section 408 (Special Meetings.) Amended Section 409 Place of Meetings.) Amended Section 410 Quorum. Proceedings.) Amended 3 November 6, 2012 General Municipal Election July 24, 2012 Page 4 Section 412 (Adoption of Ordinances and Resolutions. Amended Section 418 (Ordinances. Amendment. ) Amended Section 421 Contracts. Execution. Amended Section 425 (City Hall. Amended Section 426 (Prohibition of Automated Traffic Enforcement Systems Red Light Cameras]). Added Article V. City Manager Section 503 Compensation and Bond. Amended Section 504 (Powers and Duties.) Amended Section 505 (Meetings.) Amended Section 507 (Manager Pro Tem ore. Amended Article VI. Officers and Employees Section 602 (City Attorney. Powers and Duties. Amended Section 608 (Illegal Contracts. Financial Interest. Amended Section 609 Acceptance of Other Office. Amended Article VI. Officers and Employees Section 700 In General. Amended Section 702 (Appointment. Terms. Amended Section 703 (Existing Boards. Repealed Section 704 (Meetings. Chairperson.) Amended Section 705 Compensation. Vacancies. Amended Section 707 (Planning Commission. Powers and Duties. Amended Section 709 (Parks, Beaches and Recreation Commission. Powers and Duties. Amended Section 710 Civil Service Board. Amended Article XI. Fiscal Administration Section 1101 (Annual Budget. Preparation by the City Manager.) Amended Section 1114 Claims and Demands. Amended Section 1115 (Registering Demands. Repealed Section 1116 (independent Audit and Financial Statement. Amended Article XII. Board of Education Section 1200 State Law Governs. Repealed Section 1201 Effect of Charter. Repealed Article XIV. Miscellaneous Section 1400 Definitions. Amended Attachment D reflects the Charter Amendments that will be posed to the voters and Attachment E requests a consolidated election with the County of Orange for the purpose of presenting Charter Amendments to the electorate. n November 6, 2012 General Municipal Election July 24, 2012 Page 5 City Attorney Impartial Analysis and Filing of Direct Arguments Attachment F directs the City Attorney to prepare an impartial analysis of the ballot measure showing the effect of the Charter Amendments on existing law. The analysis shall not exceed 500 words in length. The City Clerk shall set the deadline for submittal of arguments for or against a measure based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election. The deadlines for translations and printing set by the County ROV, and the mandated 10 -day public examination period of arguments must be taken into consideration. Therefore, the City Clerk is recommending that Friday, July 27, 2012 be fixed as the deadline for the submittal of the impartial analysis and Monday, August 6, 2012 be fixed as the deadline for the submittal of direct arguments. Direct arguments may not exceed 300 words in length. Pursuant to Section 9295 of the Elections Code, the impartial analysis or any direct argument will be made available in the City Clerk's Office for public examination during the 10- calendar day period commencing on Tuesday, August 7, 2012, and ending on Thursday, August 16, 2012. Filing of Rebuttal Arguments Rebuttal arguments must be filed not more than 10 -days after the deadline for filing direct arguments, or Thursday, August 16, 2012, and are limited to no more than 250 words. Any rebuttal arguments will be made available in the City Clerk's Office for public examination during the 10- calendar day period commencing on Friday, August 17, 2012, and ending on Sunday, August 26, 2012. The resolution relative to rebuttal arguments is attached as Attachment G. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 5 November 6, 2012 General Municipal Election July 24, 2012 Page 6 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Q�* �' Leilani I. Brown, MMC City Clerk Attachments: A: Resolution Calling Election (Municipal Officers) B: Resolution Requesting Consolidation (Municipal Officers) C: Resolution Establishing Regulations for Candidates Statements (Municipal Officers) D: Resolution Calling Election (Charter Amendments) E: Resolution Requesting Consolidation (Charter Amendments) F: Resolution Filing Written Arguments and Directing the City Attorney to Prepare an Impartial Analysis (Charter Amendments) G: Resolution Providing for the Filing of Rebuttal Arguments (Charter Amendments) 0 ATTACHMENT A RESOLUTION NO. 2012 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012, 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 6, 2012 for the election of members of the City Council to represent the Second, Fifth, and Seventh Districts for a term of four years. 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 6, 2012, a General Municipal Election for the purpose of electing members of the City Council to represent the Second, Fifth, and Seventh 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. SECTION 3. That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar- Recorder to procure and furnish any and all official 7 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 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 24th day of July, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk 0 ATTACHMENT B RESOLUTION NO. 2012 -68 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 6, 2012, 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 6, 2012, for the purpose of the election of members of the City Council to represent the Second, Fifth, and Seventh 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: 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 6, 2012, for the purpose of the election of members of the City Council to represent the Second, Fifth, and Seventh Districts for a term of four years. 0 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 24th day of July, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk 10 ATTACHMENT C RESOLUTION NO. 2012 -69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012. WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. General Provisions. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of Newport Beach on November 6, 2012, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate, and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in type written form, as well as in electronic format, in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. SECTION 2. Foreign Language Policy. A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of Orange. The County is required to translate candidate statements into the following languages: Spanish and Chinese. 11 B. The County will print and mail sample ballots and candidate statements to all voters in Spanish and Chinese. The County will mail separate sample ballots and candidate statements in Spanish and Chinese to only those voters who are in the County voter file as having requested a sample ballot in a particular language. The County will make the sample ballots and candidate statements in the required languages available at all polling places, on the County's website, and in the Election Official's office. C. The City Clerk shall: 1. Have all candidates statements translated into the languages specified in (A) above. 2. Have all translations made available upon request in the Office of the City Clerk. SECTION 3. Payment. A. Translations 1. The candidate shall be required to pay for the cost of translating the candidate's statement into any required foreign language as specified in (A) and (B) of Section 2 above pursuant to Federal and /or State law. 2. The candidate shall be required to pay for the cost of translating the candidate's statement into any foreign language that is not required as specified in (A) and (B) of Section 2 above pursuant to State and Federal law, but is requested as an option by the candidate. B. Printing The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language required by (A) of Section 2 above, in the main voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating and mailing the candidate statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voters' pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the 12 actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within thirty (30) days of the election. SECTION 4. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 5. That the City Clerk shall provide each candidate or the candidate's representative a copy of this Resolution at the time nominating petitions are issued. SECTION 6. That all previous Resolutions establishing Council policy on payment for candidates statements are repealed. SECTION 7. That this Resolution shall apply at the next ensuing municipal election and at each municipal election after that time. SECTION 8. 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 24th day of July, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk 13 ATTACHMENT D RESOLUTION NO. 2012 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 2012 FOR THE SUBMISSION OF PROPOSED CHARTER AMENDMENTS 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 6, 2012, a General Municipal Election for the purpose of submitting the following proposed Charter amendment measure: MEASURE Various Amendments to City Charter YES Shall the Charter be amended to: prohibit red light cameras; expand conflicts of interest protections; make revisions to Council regulations, powers, and procedures; uniformly set officer compensation; allow offsite administrative offices; adjust officers' powers and duties; adjust board /commission duties, regulations, and formation; refine financial reporting requirements; consolidate and NO maintain Council compensation at current levels; delete outdated sections; clarify existing sections; prohibit class action claims; remove duplicative language; and align sections with State law? 14 SECTION 2. The full text of the Charter amendments submitted to the voters by the ballot measure in Section 1 is attached to this Resolution as Exhibit 1. SECTION 3. The ballots to be used at the November 6, 2012 election shall be in a form and content as required by law. SECTION 4. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. The polls shall be open at seven o'clock a.m. (7:00 a.m.) on the day of the election and shall remain open continuously from that time 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 24th day of July, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk 15 EXHIBIT I to Resolution No. 2012 -70: Calling the General Municipal Election For the Submission of Proposed Charter Amendments (Redline Draft of Amended Charter Sections) 16 Updated 7 -12 -12 CHARTER OF THE CITY OF NEWPORT BEACH Article I - Incorporation and Succession Section 103 ReservedGentffiAu .Age of PFAS At 0409M and Employees. tivel Section 105 Reserved _ . r. _____...a, h., la _.... _. _........_., the f:t r_.._...a _ - - .J. - --- .._ ...._.. -. _ _.._. -_. ., th..Feef, -_..__ _..__ be -, Fe ght e against y e aRy e#ieeF affi.... , paFt.. ent a , shall be that fURetiGRS, duties a6tiGRS GF PF8eeediRgS .JepaFt.Aept ..4icer way GE)RtiR ..r -'Pd h.... ..ti... RRtV-'4k4RRdiRg 'Pd R AtVV4h5t.....li th..t FHAGtie peweFS BREI E4-- e4i.... anyr Rg Rs Rld Section 106 Effective Date of this Charter. This Charter shall take effect upon its approval by the Legislature and any amendment hereto shall be effective when filed pursuant to the California Constitution. Thic f hai#pr i;h-,II take effect 6 r. its a .al h.. the I ., islat6 i... Article II - Powers of City Section 200 Powers. The City shall have the power to make and enforce all laws, rules and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter aad-or in the Constitution of the State of California. It shall also have the power to exercise, or act pursuant to any and all rights, powers, privileges, or procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. 17 Updated 7 -12 -12 Article IV - City Council Section 402 -+l. Compensation. The members of the City Council shall receive as compensation for their services in the amount of $ 1,227.35 per month, which amount shall reimburse the City Councilmember for expenditures imposed upon him or her in serving as a City Councilmember. The Mayor shall receive as compensation an additional amount of $ 513.96 per month to reimburse the Mayor for the additional expenses incurred in serving in that capacity. In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling expenses when on official duty. The compensation set forth in this Section shall be adiusted each July 1 in accordance with the U.S. Department of Labor, Bureau of Labor Statistics, Ceonsumer Price Index for All Urban Consumers (CPI -U), Los Angeles- Riverside - Orange County region, or five percent (5%) whichever amount is lesser. Absence of a Councilmember from all regular and special meetings of the Council during any calendar month shall render such Councilmember ineligible to receive compensation for such calendar month. L� Fawn -11 _ • - ... I MIT Section 404 The Mayor. Mayor Pro Tempore. On the date of any meeting of the City Council at which time the Council receives the certification of the results of any general or special municipal election at which any member of Council is elected, the City Council shall, after swearing and qualifying any newly elected member, elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the city government to the people, and, as occasion requires, the Mayor may inform the people of any change in such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. EM Updated 7 -12 -12 IElT.CR7P1:�l7S:r7.ilrET.I!t'i _ _ _ _ . _ rIrr..7:RrlR.er.LreaL . .. f...... -. FnemlqpF .. ....ti.... n teleg to the Faphie enti..,. . be r,.f..rr..,J t., i I..1.. ritt,.....,.tiee (A. ; ..d PFl acted H a e4eetiye Lire C i 14741 eRt The City Council shall at the same time the Mayor is elected also designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. (As amended by amendments effective on April 28, 1966, June 6, 1974, April 8, 1980, and November 6, 1984) Section 407 Regular Meetings. The City Council shall hold two meetings per month except in the months of August and December when there shall be at least one regular meetiniz in August and one regular meetin in December. The City Council shall hold regular meetings -.t 1,.-.,.. tvOiep Par. h ... gnth at such times as it shall fix by ordinance or resolution. All regular meetings shall be publicly noticed according to the Ralph M. Brown Act, or any successor law.and May adjO FA BF Fe .al,,,.r.. aRY all .. If the hg--r t. y0hiph eeti..,. -.dj8 I......J !.t mot-. Pd i., the AF FJ..r ..f L day. Section 408 Special Meetings. Special meetings may be called at anytime by the Mayor, or by four members of the City Council, by written notice deli.,. Fed ...Small.. sent to each member and publicly noticed accordine to the Raloh M. Brown Act. or anv successor law. ;;Rd to pash I,....I 19 I.e!diRg of a f...... -. FnemlqpF .. ....ti.... n teleg to the Faphie enti..,. . be r,.f..rr..,J t., i I..1.. ritt,.....,.tiee (A. ; ..d PFl acted H a e4eetiye Lire C i 14741 eRt 19 Updated 7 -12 -12 Section 409 Place of Meetings. All regular meetings shall be held in the Council Chambers of the City Hall, however other types of meetings shall be at locations allowed by the Ralph M. Brown Act, or any successor law.i#e- adje, Red, and Shall be 9PeR W the ^U1310^. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if he or she should fail to act, by four members of the City Council. Section 410 Quorum. Proceedings. A majority of the members of the City Council shall constitute a quorum to do business but a less number may adjourn from time to time. In the absence of all the members of the Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by the Clerk shall be given by the Clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council, but need not specify the matters to be acted upon. The City Council shall judge the qualifications of its members as set forth by the Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. At the demand of any member, '^F the payn;^ ^t of ^;^^^y the City Clerk shall call the roll and shall cause the ayes and sees nays taken on an issue which is the subject of the demand Ito be entered in the minutes of the meeting. Section 412 Adoption of Ordinances and Resolutions. With the sole exception of ordinances which take effect upon adoption, referred to in this Article, no ordinance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter. neF at y tome ,.t",,. than at ^ ulaF adjourned . •.'... meetieg. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of adoption of an ordinance eF ^4 AR it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Councilmembers present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a ^u! ^• ^• adjourned Feg laF meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not El 20 Updated 7 -12 -12 constitute the making of an alteration within the meaning of the foregoing sentence Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes. (A, riled by ampRdmeR4 ,.ca.,.tiVe AR D,.,.eFnhpF,r 2019 Section 418 Ordinances. Amendment. The amendment of any section(s) or subsection(s) of an ordinance may be accomplished by the subsequent adoption of an ordinance which specifically modifies the section(s) or subsection(s). The @FnPRdFnPRt ,.s aRy eetieR , ,.,.t,,,.,,. ,.F @R ,...I;....,,ee is y be aGG rliShed SGIely by the F R..t.. eRt ..F 91--rh 9P-64PR G eGti9RS at IeRotil aPa ai=rxcrmcF Section 421 Contracts. Execution. The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Council or employee designated by the City Council and signed on behalf of the City by the Mayor and rvr cr tTCy G!eF!i or by such other AF�r e4k-e4�semployee as shall be designated by the City Council, the City Clerk and the City Attorney. Any of said employeesef 4eeFS shall sign a contract on behalf of the City when authorized or directed to do so by the City Council. By ordinance or resolution the City Council may authorize the City Manager or other employees to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended, and for the conveyance of title thereto. Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. The provisions of this Section shall not apply to the services rendered by any person in the employ of the City at a regular salary. 21 Updated 7 -12 -12 Section 425 City Hall. City Hall, including most administrative offices of the City a444 Gity of "'^•••^84 BeaE4 and related parking, shall be located on 361 '^ the Git•• 9f "'^•••^^k °n^^" the City -owned parcel, •„ ;; -is bounded by Avocado Ave. on the west, San Miguel Dr. on the north, aad- MacArthur Blvd. on the east, and the Newport Beach Central Library on the south. (Added by amen me-Rt effertive ""^F^" 3, 2nno) Section 426 Prohibition of Automated Traffic Enforcement Systems (Red Light Cameras). No ordinance shall be adopted by the City Council which would permit or authorize any red light camera or other automated traffic enforcement system in the City of Newport Beach. Any ordinance adopted by the City Council in violation of this section shall be null and void. Neither the City Council, nor any officer or employee of the City when acting in his or her official capacity, shall (i) take any action which would directly or indirectly result in the authorization, approval or installation of any red light camera or other automated traffic enforcement system in the City of Newport Beach; or (ii) acquiesce or concur in any action or decision of any other governmental agency or governmental official having jurisdiction concerning such red light cameras where a protest or objection procedure is available to the City and where failure to so protest or object could result in the authorization, approval, or installation of any red light camera or other automated traffic enforcement system in the City of Newport Beach; or (iii) approve, authorize, execute or enter into anV agreement or understanding, or take any other action of any nature whatsoever, which would authorize, approve, or in any way facilitate or result in the installation of any red light camera or other automated traffic enforcement system in the City of Newport Beach, including, but not limited to, anV agreement or understanding relating to the installation of any red light camera or automated traffic enforcement system which would result in the receipt by the City. The term "red light camera or other automated traffic enforcement system" as used in this section shall mean and include any automated traffic enforcement system, as that term is used in California Vehicle Code Section 21455.5, or any successor legislation thereto, which is used to enforce any provision of the California Vehicle Code. The prohibition provided in this section shall not apply to any "toll highway" or "toll road," as those terms are defined within California Vehicle Code Section 611. Article V - City Manager Section 503 Compensation and Bond. The City Manager shall be paid a salary commensurate with his or her responsibilities as chief administrative officer of the City,) whit" salar • s"a° be °°t^l;kshe' by nrdiR;;^ ^° or •Pgnl 'tinR The City Manager shall Bois# have a corporate surety bond in such form and in such amount as may be determined by the City Council. (As amended by ,9•^^•399 ^n*° ^"er" tiv^ ^^ Derpm"^r 20, 22 Updated 7 -12 -12 Section 504 Powers and Duties. The City Manager shall be the head of the administrative branch of the City government. He or she shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have power and be required to: a) Appoint, and he or she may suspend or remove, subject to the provisions of this Charter, all department heads and officers of the City except elective officers and those department heads and officers the power of whose appointment is vested by the Charter in the City Council, and approve or disapprove all proposed appointments and removals of subordinate employees by officers or department heads. b) Prepare the budget annually, submit such budget to the City Council and be responsible for its administration after its adoption. c) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding fiscal year. d) Keep the City Council advised of the financial condition and future needs of the City and make such recommendations as may seem to him or her desirable. e) Establish and maintain a centralized purchasing system for all City offices, departments and agencies. f) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by it. g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he or she may deem necessary or proper for the general conduct of the administrative offices and departments of the City under his or her jurisdiction. i) Perform such other duties consistent with this Charter as may be required of him or her by the City Council. (As amended by amendments effective on December 20, 2010) Section 505 Meetings. The City Manager gh ;;" h._, ;;rrnrdpd a oat at the City Cn-d .,-ii t;itiip -,Rd -,t all meetings ..s h, ..t.. The City Manager shall be entitled to participate in the deliberations of the City Council and at any meeting of the City's boards, commissions and committees, but shall not have a vote. Section 507 Manager Pro Tempore. The City Manager shall appoint subjeet t,. the appFeVal ,.c the G;ty G,.,,..,.;' ne of the other officers or department heads of the City to serve as Manager Pro Tempore during any 23 Updated 7 -12 -12 temporary absence or disability of the City Manager and notify the City Council of the identity of the Manager Pro Tempore. If he or she fails to make such appointment, the City Council may appoint an officer or department head to serve as such Manager Pro Tempore. Article VI - Officers and Employees Section 602 City Attorney. Powers and Duties. To become and remain eligible for City Attorney the person appointed shall be an attorney at law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least three years prior to his or her appointment. The City Attorney shall have power and may be required to: a) Represent and advise the City Council and all City Officers in all matters of law pertaining to their offices. b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or City ordinances. He or she shall prosecute misdemeanor offenses arising under State law if authorized and directed to do so by ordinance or resolution adopted by the City Council. c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all actions or proceedings in which any such officer or employee is concerned or is a party for any act arising out of his or her employment or by reason of his or her official capacity. d) Attend all eegelafineetings of the City Council and give his or her advice or opinion in writing whenever requested to do so by the City Council or by any of the boards. commissions, committees, or officers of the City. e) Approve the form of all contracts made by and all bonds given to the City, endorsing his or her approval thereon in writing. f) Prepare any and all proposed ordinances and resolutions for the City and amendments thereto. g) Devote such time to the duties of his or her office as may be specified in the ordinance or resolution fixing the compensation for such office. h) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein. (es . ..,,,.d effeeti.., / pFil 28 1966 and M1........ beF 20, 20 0) 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, e� commission, or committee), shall be financially interestedtfy- • ORGIiFeetly, in any contract, sale or transaction made by them in their official City caoacity.te W 24 Updated 7 -12 -12 No member of any board, eFCOmmission, or committee shall participate in any decision when the member has a be- financially interested diFeetly OF iRdiFnntly, in any contract, sale or transaction to which the City is a party and which comes before the boards commission, or committee of which such person is a member for approval or other official action r S. Any contract, sale or transaction in which there shall be such aw financial interest, as specified in this Section, shall become void at the election of the City when so declared by resolution of the City Council. No member of the City Council, department head or other officer of the City, or member of any board, er-commission, or committee shall be deemed to be financially interested, within the meaning of the foregoing provisions 11)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 hirr or her shall amount to less than three percent (3 %) of all the stock of such corporation issued and outstanding; and (2) if an exception under California Government Code Sections 1090 et seq., or any successor statute, is applicable. If any member of the City Council, department head or other officer of the City, or member of a board,eFCOmmission, or committee shall be financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or her office in addition to any other penalty which may be imposed for such violation of this Charter. (As ,..,..Riled by .....,.,.a..,,,..... „ccPrtiye 9A Section 609 Acceptance of Other Office. Any elective officer of the City shall comply with California Government Code Section 1099 or anv successor statute. relatine to incompatible offices.,Axhn `hall ,cr ^n4 OF rptaiR ..w, Article VII - Appointive Boards and Commissions Section 700 In General. There shall be the following named boards and commissions which shall have the powers and duties herein stated. In addition, the City Council may create by ordinance or resolution such additional advisory boards or commissions as in its judgment are required, and may grant to them such powers and duties as are consistent with the provisions of this Charter. Section 702 Appointment. Terms. The members of each of such boards or commissions shall be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City Government. They shall be subject to removal by motion of the City Council adopted by at least four affirmative votes. The members thereof shall serve for a term of four Cl 25 Updated 7 -12 -12 years and until their respective successors are appointed and qualified. The initial term of any board or commission member shall be established by the City Council at the time the board or commission is created. This revision shall not affect the term of any board or commission existine orior to November 1. 2012.:Php m ^m"^F� FiFgt ,...,,.:..tPFI t,. guph w..expiFed teem shall he f... gi--eh idnexpiFed peFi ..J (As ;;FA ...dpd . gpetiye ApFil 1 1959) Section 703 Reserved € xistiwg -ROWds. Section 704 Meetings. Chairperson. As f99R PFaCtiGabl . F.JI.... iRO the FiFSt da. ' Of 111, ..F... eFY. eaF ..aGh of s ph Boards and - commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings at such frequency as required by its workload and such special meetings as such board or commission may require. All proceedings of a board or commission shall be conducted pursuant to the Ralph M. Brown Act, or any successor law. `hall lae spen to t"- Except as may be otherwise provided in this Charter, the City MaRageF shall designate a secretary shall be designated for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. (As ameRded by 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. W] 26 Updated 7 -12 -12 Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. If a vacancy occurs within six (6) months from the expiration of the term, the City Council has the discretion to appoint a replacement to serve the balance of the unexpired term plus one (1) full term of four (4) years. If a member of a board or commission absents himself or herself from three consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude, -or ceases to be a registered elector of the City,- his or her office shall become vacant and shall be so declared by the City Council. (46 ameRded ss,... iy HRe C 19;Z4 „a Pe .,.w.la,.. 2Q Section 707 Planning Commission. Powers and Duties. There shall be a Planning Commission consisting of seven members which shall have the power and be required to: a) After a public hearing thereon, recommended to the City Council the adoption, amendment or repeal of a P4asFeFGeneral Plan, or any part thereof, for the physical development of the City. b) Exercise such control over land subdivisions as is granted to it by ordinance not inconsistent with the provisions of this Charter. d}j Exercise such functions with respect to zoning and land use as may be prescribed by ordinance not inconsistent with the provisions of this Charter. Section 709 Parks, Beaches and Recreation Commission. Powers and Duties. There shall be a Parks, Beaches and Recreation Commission consisting of seven members- T-h@ PaFkS °,,.,, hP9 RRd RPCFe; iAR CAmm'«'QR which shall have the power aad -dW% and be required to: a) Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways and street trees. bs) 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. cd) Establish policies for the acquisition, development and improvement of parks, beaches 11 27 Updated 7 -12 -12 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. de) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter. (A, aweRded by @FRPRdFneRtq ,.FS,.,..,,,, ApFil ,o 1966 � .,R Section 710 Civil Service Board. The Civil Service Board shall consist of five members, none of whom while a member of the board, or for a period of one year after he or she has ceased for any reason to be a member, shall occupy or be eligible for appointment to any salaried office or employment in the service of the City. The members of the Civil Service Board shall be nominated and appointed in the following manner. Two members shall be appointed by the City Council from a list of five persons to be nominated by vote of the employees in the Classified Service, two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. The successor of any member of the board shall be nominated and appointed in the same manner as such member was nominated and appointed. Article XI - Fiscal Administration Section 1101 Annual Budget. Preparation by the City Manager. At such date as the City Manager shall determine, each he.,.a R- rgFRF.:.g,RM 4R4 each department head shall furnish to the City Manager estimates of revenue and expenditures for his or her department'-.. ".h hg;;.Fd of ea m' .' 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, 13ARR 1; AF raRqWi«ieRS and may revise the estimates as he or she may deem advisable. (As ameRded by @mPRdmPRtq effpptiyp 6... n...-.....L.... 7n 2019) Section 1114 Claims and Demands. Except as otherwise provided by the provisions of State law applicable to chartered cities, all claims and demandsfa es against the City shall be filed as prescribed by ordinance. Class claims and representative claims are prohibited and may not be pursued against the City, including, but not limited to, a claim for the refund of taxes and /or fees. Fit W i Y Fit W Updated 7 -12 -12 Section 1115 ReservedReeis•eriRg Peman4s. PpMaR& AR the shall bp;;F i..t.....# f...... +L....I ;t....f . istpatde . at s eh P; t.. shall he ftXed by the fit., f'96 meil by Feselwti.... (As n.......de d . 4eetiye j ...W aF ' 20 1999) Section 1116 Independent Audit and Financial Statement. The City Council shall employ at the beginning of each fiscal year, a qualified certified public accountant who shall, at such time or times as may be specified by the City Council, and at such other times as he or she shall determine, examine the books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds and of all such other officers, employees or departments as the City Council may direct. As 58eR as PFaGt'G ' Within 270 days after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Manager, Director of Finance and City Attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, available on the City's website or electronic equivalent, and a summary Eepy -of the financial statement as of the close of the fiscal year shall be published in the A isiAl a newspaper of general circulation within the City. rSeGtiG^. !I" as Article XII Reserved Section 1200 Reserved . Section 1 13 29 - . _._ .. ._.. .. „ .... .. Section 1115 ReservedReeis•eriRg Peman4s. PpMaR& AR the shall bp;;F i..t.....# f...... +L....I ;t....f . istpatde . at s eh P; t.. shall he ftXed by the fit., f'96 meil by Feselwti.... (As n.......de d . 4eetiye j ...W aF ' 20 1999) Section 1116 Independent Audit and Financial Statement. The City Council shall employ at the beginning of each fiscal year, a qualified certified public accountant who shall, at such time or times as may be specified by the City Council, and at such other times as he or she shall determine, examine the books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds and of all such other officers, employees or departments as the City Council may direct. As 58eR as PFaGt'G ' Within 270 days after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Manager, Director of Finance and City Attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, available on the City's website or electronic equivalent, and a summary Eepy -of the financial statement as of the close of the fiscal year shall be published in the A isiAl a newspaper of general circulation within the City. rSeGtiG^. !I" as Article XII Reserved Section 1200 Reserved . Section 1 13 29 Updated 7 -12 -12 Article XIV — Miscellaneous Section 1400 Definitions. Unless the provision or the context otherwise requires, as used in this Charter: a) "Shall" is mandatory, and "may" is permissive. b) "City" is the City of Newport Beach and "department," "board," "commission," "agency," "officer," "public officer," or "employee," is a department, board, commission, agency, officer or employee, as the case may be, of the City of Newport Beach. Whenever a power is granted to, or a duty is imposed upon a public officer, or employee, the power may be exercised, or the duty may be performed by a deputy of such officer or employee or by a person otherwise duly authorized pursuant to law or ordinance. c) "County" is the County of Orange. d) "State" is the State of California. 0V 30 ATTACHMENT E RESOLUTION NO. 2012 -71 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 6, 2012, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 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 is authorized to submit proposed Charter amendments to the voters; and WHEREAS, the City Council of the City of Newport Beach, California, called a General Municipal Election to be held on Tuesday, November 6, 2012, for the purpose of submitting Charter amendments to the voters; and WHEREAS, California Elections Code Sections 10400 et seq. authorize a municipality to consolidate its election with a statewide election to be held on the same day; 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 COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: 31 SECTION 1. That a measure is to appear on the ballot as follows: MEASURE Various Amendments to City Charter Shall the Charter be amended to: prohibit red light cameras; expand conflicts of interest protections; make revisions to Council regulations, powers, and procedures; uniformly set officer compensation; allow offsite administrative offices; adjust officers' powers and duties; adjust board /commission duties, regulations, and formation; refine financial reporting requirements; consolidate and maintain Council compensation at current levels; delete outdated sections; clarify existing sections; prohibit class action claims; remove duplicative language; and align sections with State law? YES NO SECTION 2. 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. 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. 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 cost attributable to the City's General Municipal Election. SECTION 5. Pursuant to California Election Code Section 10403, the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the county's election official at least 88 days prior to the November 6, 2012 General Election. SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 24th day of July, 2012. Nancy Gardner, Mayor ATTEST: Leilani I. Brown, City Clerk 32 ATTACHMENT F RESOLUTION NO. 2012 -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a General Municipal Election is to be held in the City of Newport Beach, California, on Tuesday, November 6, 2012, at which there will be submitted to the voters the following measure: MEASURE Various Amendments to City Charter Shall the Charter be amended to: prohibit red light cameras; expand conflicts of interest protections; make revisions to Council regulations, powers, and procedures; uniformly set officer compensation; allow offsite administrative offices; adjust officers' powers and duties; adjust board /commission duties, regulations, and formation; refine financial reporting requirements; consolidate and maintain Council compensation at current levels; delete outdated sections; clarify existing sections; prohibit class action claims; remove duplicative language; and align sections with State law? YES NO NOW, THEREFORE, THE COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes, by a vote of MEASURE_ (Council Members in Favor) (Council Members Against), members of that body, or other individuals authorized in a manner consistent with Elections Code Section 9282(b) and 9282(c), to file written arguments not exceeding 300 words regarding the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Division 9, Chapter 3, Article 4 of the California Elections Code. A direct argument may not be signed by more than five (5) authors. 33 SECTION 2. The City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare a 500 word impartial analysis for the measure pursuant to California Election Code Section 9280. SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 24th day of July, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk 34 ATTACHMENT G RESOLUTION NO. 2012 -73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR THE CITY MEASURE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2012 PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 9285 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 is authorized to submit proposed Charter amendments to the voters as a ballot measure; and WHEREAS, pursuant to California Elections Code Section 9282(b) the City Council and other interested parties are authorized to submit arguments for and against the City's proposed ballot measures; and WHEREAS, pursuant to California Elections Code Section 9285 the City Council, by majority vote, is authorized to adopt provisions to provide for the filing of rebuttal arguments for direct arguments submitted under Section 9282(b). NOW, THEREFORE, THE COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to California Elections Code Section 9285(a)(1), when the elections official has selected the arguments for and against the measure which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the measure to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure upon receiving the arguments. Pursuant to California Elections Code Section 9285, the author or a majority of the authors of an argument relating to a City measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. A rebuttal argument may not be signed by more than five (5) authors. 35 The rebuttal argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than ten (10) calendar days after the final date for filing direct arguments. The rebuttal argument(s) shall be accompanied by the "Form of Statement To Be Filed by Author(s) or Argument." Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. All previous Resolutions providing for the filing of rebuttal arguments for City measures are repealed. SECTION 3. The rebuttal provisions provided within Section 1 shall apply only to the municipal election to be held on Tuesday, November 6, 2012. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 24th day of July, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk 36 Item No. 18 - Amended Page 5 November 6, 2012 General Municipal Election July 24, 2012 Page 5 City Attorney Impartial Analysis and Filing of Direct Arguments Attachment F directs the City Attorney to prepare an impartial analysis of the ballot measure showing the effect of the Charter Amendments on existing law. The analysis shall not exceed 500 words in length. The City Clerk shall set the deadline for submittal of arguments for or against a measure based upon the time reasonably necessary to prepare and print the arguments and sample ballots for the election. The deadlines for translations and printing set by the County ROV, and the mandated 10 -day public examination period of arguments must be taken into consideration. Therefore, the City Clerk is recommending that Friday, July 27, 2012 be fixed as the deadline for the submittal of the impartial analysis and Monday, August 6, 2012 be fixed as the deadline for the submittal of direct arguments. Direct arguments may not exceed 300 words in length. Pursuant to Section 9295 of the Elections Code, the impartial analysis or any direct argument will be made available in the City Clerk's Office for public examination during the 10- calendar day period commencing on Tuesday, August 7, 2012, and ending on Thursday, August 16 201 - Friday, August 17, 2012. Filing of Rebuttal Arguments Rebuttal arguments must be filed not more than 10 -days after the deadline for filing direct arguments, or Thursday, August 16, 2012, and are limited to no more than 250 words. Any rebuttal arguments will be made available in the City Clerk's Office for public examination during the 10- calendar day period commencing on Friday, August 17, 2012, and ending on 96IRday, August 2&,-244-2- Monday, August 27, 2012. The resolution relative to rebuttal arguments is attached as Attachment G. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.