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HomeMy WebLinkAbout18 - Charter Update Committee Appointments(9 TO: CITY OF NEWPORT BEACH City Council Staff Report Agenda Item No. 18 May 22, 2012 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Clerk's Office Leilani I. Brown, City Clerk 949 - 644 -3005, Ibrown(a)newportbeachca.gov PREPARED BY: Leilani I. Brown, City Clerk APPROVED: 1 TITLE: APPOINTMENTS TO THE CHARTER UPDATE COMMITTEE ABSTRACT: At the May 8, 2012 City Council meeting, the City Council created the Charter Update Committee and directed that appointments be made at the May 22, 2012 City Council meeting. RECOMMENDATION: 1) Adopt Resolution No. 2012 -34, replacing Exhibit 2 to Resolution No. 2012 -32. 2) Confirm the Mayor's appointments of Council Member Steve Rosansky as the non - voting Council liaison and Mayor Nancy Gardner as the alternate non - voting Council liaison. 3) Waive the condition in City Council Policy A -2 that prevents appointees from serving on more than one standing City Board, Commission or Committee and, if the City Council does not receive at least 14 applications to serve on the Charter Update Committee, waive the requirement of City Council Policy A -2 that provides that two or more candidates be considered for each seat. 4) If desired, adopt Resolution No. 2012 -35, amending the membership of the Charter Update Committee. 5) Make appointments to serve on the Charter Update Committee. 1 Appointments to the Charter Update Committee May 22, 2012 Page 2 DISCUSSION: The City Council formed the Charter Update Committee at the May 8, 2012 City Council meeting. The Committee will be comprised of seven (7) citizens of the community appointed by the City Council. The City Council will make an effort to appoint one member from each District of the City, but if there are no qualified applicants from any District, that position may be filled by an applicant from another District. Additionally, a non - voting Council liaison and alternate non - voting Council liaison that is appointed by the Mayor will be attending the meetings. The Committee will consider possible updates to the City Charter that can be placed on the November 6, 2012 ballot. Amended Exhibit 2 to Resolution No. 2012 -13 designates which Charter Sections to review and the reasons for the proposed amendments. The Committee will be charged with reviewing only those issues approved by the City Council, but has the discretion to review the City Charter in order to expand the list of issues to be addressed if they receive City Council approval. The Committee shall not, however, expend resources on issues that have not been approved for review by the City Council. The Committee is scheduled to meet on May 24, May 31, June 7, June 14, June 21, June 28, July 5, 2012, or other dates scheduled by the Committee. During the May 24 Committee meeting, a public workshop will be conducted in order to review the proposed amendments in Exhibit 2 and solicit input relative to possible revisions to add to the Committee's scope of work. The deadline to file an application to be considered for the Committee is Monday, May 21, at 10:00 a.m. As of Thursday, May 17, 2012, the City Clerk's Office has received eight (8) applications and not all Council Districts are currently represented. Applications that are received after May 17 will be forwarded to the City Council, uploaded to the agenda packet on the City's webpage, and hard copies will be provided at the May 22 City Council meeting. Pursuant to City Council Policy A -2, the City Council must consider at least two candidates for each seat. If 14 applications are not received by the May 21 deadline, it is appropriate to waive that portion of City Council Policy A -2. City Council Policy A -2 provides that appointees shall serve on only one standing City Board, Commission or Committee at any time. Some potential appointees, such as Tim Stoaks, serve on a standing committee. Therefore, if a person appointed to the Charter Update Committee serves on a standing committee, Council Policy A -2 would need to be waived. 2 Appointments to the Charter Update Committee May 22, 2012 Page 3 The City Clerk posted a Request for Applications on the City's webpage, at the Central Library on May 9, 2012; advertised in the Independent and the Current on Friday, May 11; advertised in the Daily Pilot on Saturday, May 12; and will receive applications until 10:00 a.m. on Monday, May 21, 2012. Further, the Public Information Manager sent out web notifications on Friday, May 11, and Wednesday, May 16, and a press release on Monday, May 14. Voting will be conducted by paper ballot that is supplied by the City Clerk ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: �* �, Leilani I. Brown, MMC City Clerk Attachments: A. Resolution No. 2012 -34, amending Exhibit 2 B. Resolution No. 2012 -35, amending the Committee membership C. Charter Update Committee Applications (as of 5/17/12) 3 ATTACHMENT A RESOLUTION NO. 2012 -34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPDATING THE LIST OF CITY CHARTER SECTIONS TO BE REVIEWED BY THE CHARTER UPDATE COMMITTEE. WHEREAS, Resolution No. 2012 -32 created the Charter Update Committee and was adopted by the City Council at the May 8, 2012 City Council meeting; and WHEREAS, the City Council shall direct which Charter Sections the Charter Update Committee will review and provide recommendations to the City Council. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: SECTION 1. The Committee is empowered and instructed to review issues that are approved by the City Council for the purpose of updating and modernizing the City Charter. SECTION 2. Exhibit 2 to Resolution No. 2012 -32 is hereby replaced with the Exhibit 2 attached thereto. SECTION 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 22 "d day of May, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk 5 EXHIBIT 2 Current Charter's Language Proposed Revision Reason Why Section 103 (Continuance of Present Officers and Employees.) The Delete entire section. This section is from the present officers and employees shall continue without interruption to adoption of the original perform the duties of their respective offices and employments upon the Charter and is no longer same conditions and for the compensation provided by the existing applicable. ordinances, resolutions, rules or laws, until the election, or appointment, and qualification of their successors under this Charter and subject to such removal and control as is provided in this Charter. The terms of office of elective officers whose offices are made appointive under this Charter shall expire upon the appointment of their successors, respectively. Section 105 (Pending Action and Proceedings.) No action or Delete entire section. This section is from the proceeding, civil or criminal, pending at the time when this Charter takes adoption of the original effect, brought by or against the City or any officer, office, department or Charter and is no longer agency thereof, shall be affected or abated by the adoption of this Charter applicable. or by anything herein contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any officer, office, department or agency party thereto, by or under this Charter, may be assigned or transferred to another officer, department or agency, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. Section 106 (Effective Date of this Charter.) This Charter shall take This proposed revision The change reflects the effect upon its approval by the Legislature. adds language amendment process regarding the process provided in the California to amend the Charter. Constitution. Section 200 (Powers.) The City shall have the power to make and enforce Minor revision to The revision is intended to all laws, rules and regulations in respect to municipal affairs, subject only to replace the word "and" reflect the intent of the such restrictions and limitations as may be provided in this Charter and in with "or" section in relation to the the Constitution of the State of California. It shall also have the power to limitation on the City's exercise, or act pursuant to any and all rights, powers, privileges, or authority to act. procedures, heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise, or act pursuant to, under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of, or any limitation upon, the generality of the foregoing provisions. Section 402 A (Compensation.) This proposed revision This section is proposed to The members of the City Council shall receive no compensation for their would reflect the be revised to collapse services as such. (As amended by amendments effective on April 23, 1958, current monthly existing Section 402 B and a April 28, 1966, June 6, 1974, and April 8, 1980.) stipend amount re- part from Section 404 into ceived by the City one section that re- classifies Council /Mayor. the "reimbursement" received by Council Members and the Mayor as "compensation" because it is more accurate to call it compensation. Section 402 B (Reimbursement for Expenses.) The members of the City This section is As explained above, this Council shall receive reimbursement on order of the City Council for proposed to be section is proposed to be Council authorized traveling expenses when on official duty. In addition, deleted and collapsed removed and included in each member shall receive the sum of four hundred forty -one dollars and into Section 402. Section 402. Fifteen Cents ($441.15) per month, adjusted annually in accordance with the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, or five percent (5 %) whichever amount is lesser, as reimbursement for other expenditures imposed upon him in serving as a City Councilmember. Absence of a Councilmember from all regular and special meetings of the Council during any calendar month shall render such Councilmember ineligible to receive such sum for such calendar month. (As amended by amendments effective April 23, 1958, April 28, 1966, June 6, 1974, April 8, 1980, and December 20, 2010) Section 404 (The Mayor. Mayor Pro Tempore.) On the date of any The Mayor stipend is As explained above, the meeting of the City Council at which time the Council receives the proposed to be provision within this section certification of the results of any general or special municipal election at removed from this that relates to Mayoral which any member of Council is elected, the City Council shall, after Section and included allowance is proposed to be swearing and qualifying any newly elected member, elect one of its in Section 402. removed and included in members as its presiding officer, who shall have the title of Mayor. The Section 402. 9 Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the city government to the people, and, as occasion requires, the Mayor may inform the people of any change in such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. Section 407 (Regular Meeting.) The City Council shall hold regular This section is proposed Sometimes the City Council meetings at least twice each month at such times as it shall fix by to be simplified by not doesn't need to meet twice ordinance or resolution and may adjourn or re- adjourn any regular meeting requiring Council to in one month — like August to a date and hour certain which shall be specified in the order of meet when it has no and December. Additionally, adjournment and when so adjourned each adjourned meeting shall be a need to do so, and requiring compliance this section is proposed to regular meeting for all purposes. If the hour to which a meeting is adjourned with the Brown Act, be amended to reflect is not stated in the order of adjournment such meetings shall be held at the rather than listing out current practices and allow hour for holding regular meetings. If at any time any regular meeting falls duplicative language on for the efficient operation of on a holiday such regular meeting shall be held on the next: business day. how compliance will be City government in achieved. accordance with State law. Section 408 (Special Meetings.) Special meetings may be called at any This section is This section is proposed to time by the Mayor, or by four members of the City Council, by written notice proposed to be be amended to reflect delivered personally to each member and to each local newspaper of amended to require current practices and allow general circulation and to each radio and television station which has made compliance with the for the efficient operation of written request at least twenty -four hours before the time specified for the Brown Act and City government in proposed meeting. A special meeting may also be validly held without the remove duplicative accordance with State law. giving of such written notice, if required to be held by this Charter or if all language explaining members shall give their consent, in writing, to the holding of such meeting how compliance will and such consent is on file in the office of the City Clerk at the time of such be achieved. meeting. A telegraphic communication from a member consenting to the holding of a meeting shall be considered a consent in writing. At any special meeting only such matters may be acted upon as are referred to in such written notice or consent. (As amended effective June 6, 1974.) Section 409 (Place of Meetings.) All meetings shall be held in the Council This proposed revision This section is proposed to Chambers of the City Hall, or in such place to which any such meeting may would expand the be amended to reflect be adjourned, and shall be open to the public. If, by reason of fire, flood or locations where a City current practices and allow other emergency, it shall be unsafe to meet in the place designated, the I Council meeting may for the efficient operation of 3 0 meetings may be held for the duration of the emergency at such place as is designated by the Mayor, or, if he should fail to act, by four members of the City Council. be held as allowed by the Brown Act. City government in accordance with State law. Section 410 (Quorum. Proceedings.) A majority of the members of the This section is An electronic recorded vote City Council shall constitute a quorum to do business but a less number proposed to be should suffice, and is more may adjourn from time to time. In the absence of all the members of the amended to remove a efficient. Council from any regular meeting or adjourned regular meeting, the City roll call verbal vote Clerk may declare the same adjourned to a stated day and hour. Notice of relating to payment of a meeting adjourned by less than a quorum or by the Clerk shall be given money. by the Clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council, but need not specify the matters to be acted upon. The City Council shall judge the qualifications of its members as set forth by the Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City and be attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. At the demand of any member, and upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and noes taken on such questions to be entered in the minutes of the meeting. Section 412 (Adoption of Ordinances and Resolutions.) With the sole This proposed revision This section is proposed to exception of ordinances which take effect upon adoption, referred to in this would recognize the be amended to allow for the Article, no ordinance shall be adopted by the City Council on the day of its City Council's ability to efficient operation of City introduction, nor within five days thereafter nor at any time other than at a introduce and adopt government in accordance regular or adjourned regular meeting. At the time of its introduction an an ordinance at a with State law. 0 10 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 or resolution it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council members present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirma- tive votes. (As amended by amendments effective on December 20, 2010) Section 418 (Ordinances. Amendment.) The amendment of any section or sections of an ordinance may be accomplished solely by the reenactment of such section or sections at length, as amended. 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 and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council. By ordinance F1 regular s meeting. This proposed revision would allow a single section to be amended without requiring an entire ordinance to be restated. This proposed revision would revise language to meet the intent of the City's contract execution powers by This section is proposed to be amended to conserve City resources and allow for the efficient operation of City government. This section is proposed to be amended to provide greater clarity and to reflect current practices. 11 or resolution the City Council may authorize the City Manager to bind the referencing City, with or without a written contract, for the acquisition of equipment, employees designated materials, supplies, labor, services or other items included within the by the City Council. budget approved by the City Council, and may impose a monetary limit upon such authority. The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended, and for the conveyance of title thereto. Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. The provisions of this Section shall not apply to the services rendered by any person in the employ of the City at a regular salary. Section 425 (City Hall.) City Hall, and the administrative offices of the City This proposed revision The Police HQ is not at City of Newport Beach, and related parking, shall be located on and within the would clarify that not Hall, nor is Lifeguard 12.82 acres of real property owned by the City of Newport Beach described all City administrative Administration. as Parcel 3 of Parcel Map No. 90 -361 in the City of Newport Beach, which functions such as is bounded by Avocado Ave. on the west, San Miguel Dr. on the north, and Police Administration MacArthur Blvd. on the east, and the Newport Beach Central Library on the will be located at the south. (Added by amendment effective March 3, 2008.) new City Hall. Section 503 (Compensation and Bond.) The City Manager shall be paid This revision proposes Bonding requirements for a salary commensurate with his or her responsibilities as chief to remove the City city personnel are not used administrative officer of the City, which salary shall be established by Manager bonding anymore. ordinance or resolution. The City Manager shall furnish a corporate surety requirement and allow bond in such form and in such amount as may be determined by the City his salary to be Council. (As amended by amendments effective on December 20, 2010.) established in the same manner as the City Clerk and City Attorney. li 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 a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the contracting for, purchasing, storing, distribution, or disposal of all supplies, materials and equipment required by any office, department or agency of the City government and recommend them to the City Council for adoption by it. (g) See that the laws of the State pertaining to the City, the provisions of this Charter and the ordinances of the City are enforced. (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he or she may deem necessary or proper for the general conduct of the adminis- trative offices and departments of the City under his or her jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him or her by the City Council. (As amended by amendments effective on December 20, 2010.) 7 This proposed revision would add the word "may" to the sentence explaining the City Manager's responsibilities. This amendment is intended to provide consistency in the way responsibilities are provided within the Charter. 13 Section 505 (Meetings.) The City Manager shall be accorded a seat at the This section is The City Manager doesn't City Council table and at all meetings of boards and commissions and shall proposed to be need to "sit at the Council be entitled to participate in their deliberations, but shall not have a vote. amended to remove table." the City Manager's right to a seat at the Council table, while preserving his or her ability to attend meetings of the City Council and the City's boards, commissions, and committees. Section 507 (Manager Pro Tempore.) The City Manager shall appoint, This section is Today, when the City subject to the approval of the City Council, one of the other officers or proposed to be an Manager is out of town, he department heads of the City to serve as Manager Pro Tempore during any amended to remove or she designates an Acting temporary absence or disability of the City Manager. If he fails to make the requirement that City Manager and informs such appointment, the City Council may appoint an officer or department the City Manager the Council who that is.. head to serve as such Manager Pro Tempore. obtain the City Council's approval before appointing an acting city manager. Section 602 (City Attorney. Powers and Duties.) To become and remain This section is This revision is intended to eligible for City Attorney the person appointed shall be an attorney at law proposed to be reflect current practices. duly licensed as such under the laws of the State of California, and shall amended to allow the have been engaged in the practice of law for at least three years prior to his City Attorney to attend or her appointment. The City Attorney shall have power and may be all meetings of the required to: (a) Represent and advise the City Council and all City Officers City Council and any in all matters of law pertaining to their offices. (b) Prosecute on behalf of the board, commission, or people any or all criminal cases arising from violation of the provisions of committee meeting this Charter or City ordinances. He or she shall prosecute misdemeanor when requested. offenses arising under State law if authorized and directed'to do so by ordinance or resolution adopted by the City Council. (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all actions or proceedings in which any such officer or employee is concerned or is a 14 party for any act arising out of his or her employment or by reason of his or her official capacity. (d) Attend all regular meetings of the City Council and give his or her advice or opinion in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. (e) Approve the form of all contracts made by and all bonds given to the City, endorsing his or her approval thereon in writing. (f) Prepare any and all proposed ordinances and resolutions for the City and amendments thereto. (g) Devote such time to the duties of his or her office as may be specified in the ordinance or resolution fixing the compensation for such office. (h) Surrender to his or her successor all books, papers, files and documents pertaining to the City's affairs. The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein. (As amended effective April 28, 1966, and December 20, 2010.) Section 603 (City Clerk. Powers and Duties.) The City Clerk shall have This section is This amendment is intended power and be required to: (a) Attend all meetings of the City Council unless proposed to be to provide consistency in the excused and be responsible for the recording and maintaining of a full and amended to insert the way responsibilities are true record of all of the proceedings of the City Council in books that shall word "may" to the provided in the Charter. bear appropriate titles and be devoted to such purpose. (b) Maintain sentence explaining separate books, in which shall be recorded respectively all ordinances and the City Clerk's resolutions, with the certificate of the Clerk annexed to each thereof stating responsibilities. the same to be the original or a correct copy, and as to an ordinance requiring publication, stating that the same has been published or posted in accordance with this Charter; keep all books properly indexed and open to public inspection when not in actual use. (c) Maintain separate books, in which a record shall be made of all written contracts and official bonds. (d) Be the custodian of the seal of the City. (e) Administer oaths or affirmations, take affidavits and depositions pertaining to the affairs and business of the City and certify copies of official records. (f) Be ex- officio Assessor, unless the City Council has availed itself, or does in the future avail itself, of the provisions of the general laws of the State relative to the assessment of property and the collection of City taxes by county officers, or unless the City Council by ordinance provides otherwise. (g) Have charge of all City elections. (h) Perform such other duties consistent with this Charter as may be required of him or her by ordinance or resolution of 0 15 the City Council. (As amended by amendments effective on December 20, 2010.) Section 605 Director of Finance. There shall be a Director of Finance This section is This amendment is intended appointed by the City Manager and subject to suspension or removal by proposed to be to provide consistency in the the City Manager who shall have power and shall be required to: (a) Have amended to insert the way responsibilities are charge of the administration of the financial affairs of the City under the word "may" to the provided in the Charter. direction of the City Manager, and be head of the Finance Department of sentence explaining the City. (b) Compile the budget expense and income estimates for the City the Finance Director's Manager. (c) Maintain a general accounting system for the City government responsibilities. and each of its offices, departments and agencies. (d) Receive all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal Government, or from any Court, or from any office, department, or agency of the City. (e) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit all funds coming into his or her hands in such depository as may be desig- nated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (f) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded; audit all purchase orders before issuance; audit, approve and provide for the payment of all bills, invoices, payrolls, demands or charges against the City and, with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges. (g) See that all taxes, assessments, license fees and other revenues of the City, or for whose collection the City is responsible, and all other money receivable by the City from the County, State or Federal Government, or from any court, office, department or agency of the City are collected. (h) Through the City Manager submit to the City Council and to the certified public accountant employed by the City as an independent auditor a monthly statement of all receipts, disbursements and fund balances in sufficient detail to show the exact financial condition of the City; 10 16 and, as of the end of each fiscal year, submit a complete financial statement and report. (i) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. Q) Assume the title of and act as City Treasurer and with the approval of the City Manager appoint deputies as necessary to act under the provisions of any law requiring or permitting action by a City Treasurer. (k) Perform such other duties consistent with this Charter as may be required of him or her by ordinance or resolution of the City Council. (As amended effective January 20, 1959, and December 20, 2010.) Section 608 (Illegal Contracts. Financial Interest.) No member of the This section is This section is proposed to City Council, department head or other officer of the City (except a member proposed to be be amended to more closely of any board or commission), shall be financially interested, directly or amended to more track State law. indirectly, in any contract, sale or transaction to which the City is a party. closely follow No member of any board or commission shall be financially interested California Government directly or indirectly, in any contract, sale or transaction to which the City is Code Section 1090 et a party and which comes before the board or commission of which such seq. person is a member for approval or other official action or which pertains to the department, office or agency of the City with which such board or commission is connected. Any contract, sale or transaction in which there shall be such an interest, as specified in this Section, shall become void at the election of the City when so declared by resolution of the City Council. No member of the City Council, department head or other officer of the City, or member of any board or commission shall be deemed to be financially interested, within the meaning of the foregoing provisions, in any contract made with a corporation where his or her only interest in the corporation is that of a stockholder and the stock owned by him or her shall amount to less than three percent (3 %) of all the stock of such corporation issued and outstanding. If any member of the City Council, department head or other officer of the City, or member of a board or commission shall be financially interested as aforesaid, upon conviction thereof he or she shall forfeit his or her office in addition to any other penalty which may be imposed for such violation of this Charter. (As amended by amendments effective on December 20, 2010.) 11 17 Section 609 (Acceptance of Other Office.) Any elective officer of the City This section is This section is proposed to who shall accept or retain any other elective public office, except as proposed to be be amended to more closely provided in this Charter, shall be deemed thereby to have vacated his or amended to more track State law. her office under the City Government. (As amended by amendments closely follow the effective on December 20, 2010) incompatible office doctrine in California Government Code Section 1099. Section 611 (Official Bonds.) The City Council shall fix by ordinance or This section is This section is proposed to resolution the amounts and terms of the official bonds of all officials or proposed to be be removed to conserve City employees who are required by this Charter or by ordinance to give such deleted to remove the resources and remove an bonds. All bonds shall be executed by responsible corporate surety, shall bond language. antiquated bonding be approved as to form by the City Attorney, and shall be filed with the City requirement. Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon; or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. (As amended by amendments effective on December 20, 2010) Section 700 (In General.) There shall be the following named boards and This section is This revision provides more commissions which shall have the powers and duties herein stated. In proposed to be flexibility to the City and addition, the City Council may create by ordinance such additional advisory amended to allow streamlines City boards or commissions as in its judgment are required, and may grant to boards and government. them such powers and duties as are consistent with the provisions of this commissions to be Charter. created by ordinance and resolution. Section 702 (Appointment. Terms.) The members of each of such boards This section is This section is proposed to or commissions shall be appointed by the City Council from the qualified proposed to be be amended as part of the electors of the City, none of whom shall hold any paid office or employment amended to allow the City's current effort to reform in the City Government. They shall be subject to removal by motion of the City Council to and streamline the City's City Council adopted by at least four affirmative votes. The members establish the initial boards, commissions, and thereof shall serve for a term of four years and until their respective term of a charter, committees. successors are appointed and qualified. The members first appointed to board or commission such boards and commissions shall so classify themselves by lot that the member at the time term of one of each of their number shall expire each succeeding July first. the board or 12 M Where the total number of the members of a board or commission to be commission is appointed exceeds four, the classification by lot shall provide for the pairing created. of terms to such an extent as is necessary in order that the terms of at least one and not more than three shall expire in each succeeding year. Thereafter, any appointment to fill an unexpired term shall be for such unexpired period. (As amended effective April 1, 1955.) Section 703 (Existing Boards.) The respective terms of office of all Deletion of entire This section is from the members of the boards and commissions in existence at the time this section. adoption of the original Charter takes effect shall terminate upon the effective date of this Charter. Charter and is no longer The present members of the boards and commissions which will continue applicable. in effect under this Charter shall be deemed reappointed to the respective boards and commissions of which they are members as first appointed members thereof under this Charter. Section 704 (Meetings. Chairperson.) As soon as practicable, following This section is This section is proposed to the first day of July of every year, each of such boards and commissions proposed to be be amended as part of the shall organize by electing one of its members to serve as presiding officer amended to conserve City's current effort to reform at the pleasure of such board or commission. Each board or commission City resources and and streamline the City's shall hold regular meetings at least once each month and such special require boards and boards, commissions, and meetings as such board or commission may require. All proceedings shall commissions to committees. be open to the public. Except as may be otherwise provided in this Charter, operate according to the City Manager shall designate a secretary for the recording of minutes the Brown Act. for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection. Each board or commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. (As amended by amendments effective on December 20, 2010) Section 705 (Compensation. Vacancies.) The members of boards and This section is This section is proposed to commissions shall serve without compensation for their services as such proposed to be be amended as part of the but may receive reimbursement for necessary traveling and other expenses amended to remove City's current effort to reform 13 19 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. (As amended effective June 6, 1974, and December 20, 2010.) Section 707 Planning Commission. Powers and Duties. The Planning Commission shall have the power and be required to: (a) After a public hearing thereon, recommended to the City Council the adoption, amend- ment or repeal of a Master 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. (c) Make recommendations to the City Council concerning proposed public works and for the clearance and rebuilding of blighted or substandard areas within the City. (d) Exercise such functions with respect to zoning and land use as may be prescribed by ordinance not inconsistent with the provisions this Charter. Section 708 (Board of Library Trustees. Powers and Duties.) There shall be a Board of Library Trustees consisting of five members which shall have the power and duty to: (a) Have charge of the administration of City libraries and make and enforce such by -laws, rules and regulations as may be necessary therefor. (b) Designate its own secretary. (c) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and City 14 an appointment to a vacated position be limited to the remainder of the vacated term. This section is proposed to be amended to clarify the Commission's role in the review of Public Works projects. This section includes a number of proposed revisions intended to clarify that the Library Board is an advisory body to the City Council. boards, commissions, and committees. It's appropriate (and required) for the Planning Commission to review the Capital Improvement Program (CIP) as submitted, but for the main purpose of assuring its consistency with planning and zoning issues. Today, this section is contrary to a Council - Manager form of government in at least these ways: The Council has control over City libraries. C The Council directs the 20 and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes. The expenditure and disbursement of funds for such purchases shall be made and approved as elsewhere in this Charter provided. (e) Approve or disapprove the appointment, suspension or removal of the Librarian, who shall be the department head. (f) Accept money, personal property or real estate donated to the City for library purposes, subject to the approval of the City Council. (g) Contract with schools, county or other governmental agencies to render or receive library services or facilities, subject to the approval of the City Council. purchase of books, journals, etc. o The City Manager is the person responsible for selecting, suspending, or removing the Library Director. Section 709 (Parks, Beaches and Recreation Commission. Powers This section is Review of the City's parks and Duties.) There shall be a Parks, Beaches and Recreation Commission proposed to be and recreation budget by the consisting of seven members. The Parks, Beaches and Recreation revised to remove the Commission may be Commission shall have the power and duty to: (a) Act in an advisory requirement that the desirable from time to time, capacity to the City Council in all matters pertaining to parks, beaches, Commission review but the directive to do so recreation, parkways and street trees. (b) Consider the annual budget for the annual budget. need not be in the City parks, beaches, recreation, parkways and street tree purposes during the Charter. process of its preparation and make recommendations with respect thereto to the City Council and the City Manager. (c) Assist in the planning of parks and recreation programs for the inhabitants of the City, promote and stimulate public interest therein, and to that end solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein. (d) Establish policies for the acquisition, development and improvement of parks, beaches and playgrounds and for the planting, care and removal of trees and shrubs in all parks, playgrounds and streets, subject to the rights and powers of the City Council. (e) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter. (As amended by amendments effective April 28, 1966, and June 6, 1974.) Section 710 (Civil Service Board.) The Civil Service Board shall consist of This section is This was unintentionally five members, none of whom while a member of the board, or for a period proposed to include omitted from the 2010 of one year after he has ceased for any reason to be a member, shall the word "she." Gender Neutral Charter occupy or be eligible for appointment to any salaried office or employment Amendment in the service of the City. The members of the Civil Service Board shall be 15 21 nominated and appointed in the following manner. Two members shall be appointed by the City Council from a list of five persons to be nominated by vote of the employees in the Classified Service, two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by a majority of the four thus appointed. The successor of any member of the board shall be nominated and appointed in the same manner as such member was nominated and appointed. Section 801 (Positions Included in the System.) The civil service system This section is In several cases, high -level shall include all full time, regular and permanent positions or employment proposed to remove management employees and on the Police and Fire Department of the City and may, by ordinance, certain management '.confidential" employees include any other appointive officers or positions in the service of the City positions from the Civil should be outside of the Civil except the following: 1. All elective officers. 2. City Manager, Assistant City Service System. Service system to ensure Manager, if any, one executive assistant to the City Manager, City Attorney, that they remain "at will" Assistant City Attorney, if any, City Clerk, Director of Finance, City employees Engineer, all Department Heads, and Assistant Chiefs in the Police and Fire Departments. 3. All members of boards and commissions. 4. Positions in any class or grade created for a special or temporary purpose and which may exist for a period of not longer than six months in any one calendar year. 5. Persons employed to render professional, scientific, technical or expert service. 6. Persons who render part-time service without pay or who are paid on an hourly or per diem basis. (As amended effective January 20, 1959, and December 20, 2010.) Section 1101 (Annual Budget. Preparation by the City Manager.) At This revision removes This change is intended to such date as the City Manager shall determine, each board or commission the need for each reflect current practices. and each department head shall furnish to the City Manager estimates of revenue and expenditures for his or her department for such board of board and commission commission for the ensuing fiscal year, detailed in such manner as may be to submit a budget for prescribed by the City Manager. In preparing the proposed budget, the City its activities. Manager shall review the estimates, hold conferences thereon with the respective department heads, boards or commissions and may revise the estimates as he or she may deem advisable. (As amended by amendments effective on December 20, 2010.) 16 22 Section 1114 (Claims and Demands.) Except as otherwise provided by This section is This section is proposed to the provisions of State law applicable to chartered cities, all claims for proposed to be be amended in response to damages against the City shall be filed as prescribed by ordinance. amended to clarify the a recent case from Los All other demands against the City must be in writing and may be in the process for making Angeles regulating class form of a bill, invoice, payroll, or formal demand. Each such demand shall claims and demands action lawsuits against public be presented to the Director of Finance within ninety days after the last item against the City. agencies. of the account or claim accrued. The Director of Finance shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of an appropriation against which the same may be charged, he shall approve such demand and provide for its payment out of the property fund. Otherwise he shall reject it. The City Council may overrule any rejection by the Director of Finance and order the demand paid. The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, to the City Manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager, otherwise it shall require the approval of the City Council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the City Council which, after examining into the matter, may approve or reject the demand in whole or in part. (As amended by amendments effective on January 20, 1959, and April 28, 1966) Section 1115 (Registering Demands.) Demands on the City which are not Deletion of entire This section is from the paid for lack of funds shall be registered. All registered demands shall be section. adoption of the original paid in the order of their registration when funds therefor are available and Charter and is no longer shall bear interest from the date of registration at such rate as shall be fixed applicable. by the City Council by resolution. (As amended effective January 20, 1959) Section 1116 (Independent Audit.) The City Council shall employ at the This section is This change would follow beginning of each fiscal year, a qualified certified public accountant who proposed to be State law, save money on shall, at such time or times as may be specified by the City Council, and at amended to clarify publishing and conserve such other times as he shall determine, examine the books, records, that the City only City's resources. The inventories and reports of all officers and employees who receive, handle or needs to publish a financial system is already a disburse public funds and of all such other officers, employees or summary of the public document and is iVJ 23 departments as the City Council may direct. As soon as practicable after financial transaction made available to the public the end of the fiscal year, a final audit and report shall be submitted by report. on the City's website and at such accountant to the City Council, one copy thereof to be distributed to public counters. each member, one to the City Manager, Director of Finance and City Attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public, and a copy of the financial statement as of the close of the fiscal year shall be published in the official newspaper. (Section 1117 as amended effective January 20, 1959, and renumbered by amendment effective April 28, 1966.) Section 1200 (State Law Governs.) The manner in which, the times at Deletion of entire This section is from the which, and the terms for which the members of Boards of Education shall section. adoption of the original be elected or appointed, their qualifications, compensation and removal Charter and is no longer and the number which shall constitute any one of such boards shall be as applicable. now or hereafter prescribed by the Education Code of the State of California. Section 1201 (Effect of Charter.) The adoption of the Charter shall not Deletion of entire This section is from the have the effect of creating any new school district nor shall the adoption of section. adoption of the original this Charter have any effect upon the existence or boundaries of any Charter and is no longer present school districts within the City or of which the City comprises a part, applicable. but such present school districts shall continue in existence subject to the provisions of the laws of the State of California as the same now exists or hereafter may exist. Section 1400 (Definitions.) Unless the provision or the context otherwise This section is This language is already in requires, as used in this Charter: (a) "Shall" is mandatory, and "may" is proposed to be the Municipal Code and the permissive. (b) "City" is the City of Newport Beach and "department," amended to allow change allows for "board," "commission," "agency," "officer," or "employee," is a department, deputies to act in the consistency in the execution board, commission, agency, officer or employee, as the case may be, of place of a public of duties. the City of Newport Beach. (c) "County' is the County of Orange. (d) "State" officer. is the State of California. iR 24 ATTACHMENT B RESOLUTION NO. 2012 -35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE MEMBERSHIP OF THE CHARTER UPDATE COMMITTEE WHEREAS, the City Council established the Charter Update Committee on May 8, 2012, through the adoption of Resolution No. 2012 -32; WHEREAS, the membership of the Charter Update Committee shall consist of seven (7) citizens of the community appointed by the City Council. The City Council shall make an effort to appoint one (1) member from each district of the City, but if there are no qualified applicants from any district that position may be filled by an applicant from another district; WHEREAS, the City Council wishes to amend the membership of the Charter Update Committee so that the Committee consists of five (5) citizens of the community appointed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach resolves as follows: SECTION 1. The Committee shall be made up of five (5) members of the public appointed by the City Council. The City Council shall make an effort to appoint one (1) member from each district of the City, but if there are no qualified applicants from any district that position can be filled by an applicant from another district. SECTION 2. The full description of the Committee is set forth in Exhibit 1, which is incorporated by reference. 25 SECTION 3. The Committee shall conduct its meetings consistent with the Ralph M. Brown Act (California Government Code sections 54950 et. seq.). A presiding officer shall be appointed to preside over the meetings of the Committee. The Committee shall be supported by the City Manager's Office, City Attorney's Office, and City Clerk's Office. Staff shall assist the Committee in preparing the majority report and recommendations. SECTION 4. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 22nd day of May, 2012. Nancy Gardner Mayor ATTEST: Leilani I. Brown City Clerk 26 EXHIBIT 1 CHARTER UPDATE COMMITTEE AUTHORIZATION: Established by Resolution No. 2012 -32, adopted on May 8, 2012; and amended by Resolution No. 2012 -35, adopted on May 22, 2012. MEMBERSHIP: The Committee shall consist of five (5) citizens of the community appointed by the City Council. The City Council shall make an effort to appoint one (1) member from each district of the City, but if there are no qualified applicants from any district that position may be filled by an applicant from another district. The Committee shall also include a non- voting Council liaison and liaison alternate. TERM: This will be a short -term obligation, as the Committee is currently scheduled to complete its work by July 2012. PURPOSE & RESPONSIBILITIES: A. To consider possible updates to the City Charter so that an updated measure can be placed on the November 2012 ballot. B. The Conunittee is empowered and instructed to review the issues approved by the City Council, may also review the City Charter and make recommendations to the City Council for expanding the list of issues to be addressed. C. The Committee shall not, however, expend resources on pursuing issues that have not been approved for review by the City Council. D. The Committee members shall make every effort to attend meetings on May 24, May 31, June 7, June 14, June 21, June 28, July 5, 2012, and other dates scheduled by the Committee, or recommend alternative dates if unable to attend. Section I - Page 8 05 -22 -2012 27 FF_1 a f_[y: hvi l =1 Z:00 CHARTER UPDATE COMMITTEE APPLICATIONS (as of 5/17/12) 29 APPLICANT DISTRICT 1 Bettencourt, Philip 5 2 Heffernan, John 5 3 Hardman, Jeffrey 5 4 Mosher, James 3 5 Savary, Suzanne 5 6 Stapleton, Joseph 1 7 Stoaks,Tim 4 8 Watkins, Paul 1 29 Kfj APPLICATION FOR APPOINTIVE POSITION FOR OFFICE USE ONLY Residence District No. Verified by__—W— 7_,, " 7 �,M II: 03 CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 City Clerk (949) 6443005 Fax(949)644 -3039 DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualifications. It is the responsibility of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Clerk's Office or on the City's website: www.newportbeachca.gov (City Government /Citizen Participation). Applications will be kept on file for two years for the position(s) applied for. If you are not selected for appointment during that period of time, it will be necessary for you to re- submit an application if you are still interested in being considered. NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This document is a public record and may be posted on the internet. NAME OF BOARD, COMMISSION OR COMMITTEE: Charter Commission Name: Bettencourt Philip F. (Last) Cell phone- (First) Residence Address (required): Zip Code: 9- How long have you lived in Newport Beach? 20 yrs Home Phone: Business Address: Business Phone: Email Address: (Middle) Have you ever been convicted of any crime or violation of any law or statute other than minor traffic violations? F] NO 0 YES (If yes, attach separate sheet with explanation) Name and Location of Colleges/ Universities Attended Ma ) or Degree 9 Last Year Attended Bakersfield Community College General Ed AA 1962 Calif State University Long Beach Public Administration BA 1965 Calif State University Long Beach Public Administration MA not complete 1967 CONTINUE TO PAGE TWO 31 Prior or Current Civic Experience (include membership in professional, charity or community organization) Office Held (if any) Dates of Membership Newport Beach Chamber of Commerce Chairman of the Board 1997 -2012 Newport Coast Community Association (NCAA) President, two terms 2000 -2010 N B General Plan Advisory & Economic Dev Committees Member 2000 -2006 OCI-A Citizens Advisory Committee Member 2007 -2010 Occupational History. Begin with your present or most recent position. List all positions separately held for the last five years. Firm or Organization Type of Business Title Dates of Employment Bettencourt & Associates Professional Land Planners Principal 1986 -2012 Coleman Homes Home Builder Director Marketing 1982 -1984 Building Industry Association BIA/SC Promotion of housing CEO & President 1978 -1982 References. Include names of at least two residents of Newport Beach who are not officially connected with the City. 1. Name F. Scott Jackson —� Address Phone 2. Name can Watt Address Phone N Summarize why you wish to serve the City of Newport Beach on a board, commission or committee. Include any special qualifications you have which are particularly appropriate to the position for which you are applying. As a public administration graduate and former City official I have a keen interest in the conduct of good government. I served as assistant city manager of Newport Beach from 1968 -1973 and as interim city manager during a difficult time for the city. I was also an alternate member of the Orange County Charter Commission following the 0 C bankruptcy and have served as president of seven different home owner associations including two Newport Beach associations. I am a former instructor in the extension division of the University of California at Irvine and served the United State Navy for five years as a member of the Restoration Advisory Board (RAB) for the US Naval Weapons Station, Seal Beach (My wife Meredith and I are proud members of the Chancellors Club at UCI). I am a recognized scholar in good government, a good listener and a proven consensus builder. It would be an honor to serve. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position(s) that I am applying for and authorize the release of this information on the internet. [BOX MUST BE CHECKED IF SUBMITTING ELE ONI ILLY] Signature Philip F. Bettencourt Date 05 -16 -2012 32 Submit by Email Prini Form APPLICATI!ORfW ,09 W ®INTIVE POSITION I °i,'? ',� "� �; n CITY OF NEWPORT PORT BEACH FOR OFFICE USE ONLY �8--yr I 3300 Neveport Boulevard kesirlenreDistrict 0: I _ Newport Boach, CA 92663 City Clerk 1949; 0443005 I Veiified by;? _ I _ Fay (9491644-3039 DIRECTIONS: One application can be used fur all the appointive positions you are applyinq for. Applications should be filled out completely so that the City Council may fully evaluate yuur qualifications. It's the responsibility of the applicant to Grmiliauze tho!nsel :es with the duties and responsibilities of the postion(s) applied for. Detailed Information outlining thr+ responsibilities of the positions can bo obtained from the City Clerk's Office or oil the City's webs'te: www.newpurtbeachca.gov Kity Govemm,.•nVCitizcn Participations Applications will bo kept on file for two years for the position(s) applied for. If you ate not selected for appointment during that period of time it will b:� nerc• nary for you to re- submit an applicet!on if you are still interested in being considered. NOTICE: Section 701 of the . City Charter requir:,s that members of Buards or Commissions appointed by thrr City Council shall be from the qualified electors of the City. This document is a public record and may be posted on the internet. NAME OF BOARD, COMMISSION OR COMM.!TTEE iCHARTLR UPDATE CON11.11TTEE _ Name: HEFFERNAN -- —. — . - -� rHti (Last) fFirstl (Middle) Cell P +..o ^e Residence Address (required)- Hrw long have you lived in Netvport Beach? [34:Y R S. Home Phone: Busin : :ss Address: Burnes Phone: Email Address: Have you aver been convict,xi of any crime or violation of any l w or statute otherthan nT,no: traffic violations? LXj NO (-] YES (If ye %attach separate sheet with explanation) Name and Location of Collegesf Major I Degree I Last Year Universtties.Attended `� - i Attended STANFORD UNEV. --- - - - - - -�. HISTORY - ^--- ® -_.v -- .B.A 39-72 UNIV. SAN DIEGO SCHOOL OF LAW - LAW 1D 1975 CONTINUE TO PAGE TWO °ap 0511412012 • Page t of 2 33 Prior or C,unent Civic Experience (include membership in Office Hetd Dates of protossienai, charity a; community organization] (if any) Dee mberxhip HOAG HOSPITAL, NEWPORT BEACH, CA _ e 552 CLUB PRES.; BD. OF TRUSTEES, 1988,1994-2001 I ORA i:GE COUNTY FOOD BANK. IRVINE, CA — — BD. OF DIRECTORS BD.CHAIRMAN 1965 -199.; — GOODWILL INDUSTRIES OF ORANGE COUNTY, SANTA 1NA, CA 61).OF DIRECTORS, VICE- CHAIRMAN' 2007- PRESENT VERBUM DEI HIGH SCHOOL, LOS ANGELL:s, CA FINANCE COMMIT EE 2012 - PRESENT t Occupational History. Begin with your present or most recent position. List all positions separately held for the last five years. p — Firm or Organization I Type of Business Title f Dates of Empiuyment1 IHEFFERNAN & BOORTZ FIRM 11990- PRESFNT References. Include names <:rat least two residents of Newport Beach who are notnfficially connected with the City. 1. Nome PAN N WINTO:J N Addr•as Phone Ni. 2.Nar-te LLARENCETURNER 1 Addres Phone No. Summarize why you wish to serve the City of Newport Beach on a board, commission or committee. Include any special qualifications you have which are particularly appropriate, to the position for which yeti are applying. Having served on the Newport Beach City Council ending in 20061 have a knowledge of the working details of the City's opr+rations. Asa 1 transaction rn:al estate attorney for over 35 years I have focused on making governing documents consistent, conform to the transaction N requirement-,, and b� clearly written s o t hry have t,e refer, iced years later, if need eu. I have served and no%v sen <c° on a number of organizations in which the governing documents have had to be monitored and revised from time to time to conform to the evolvirq needs of each organization and changes in laws and regulations gov?ming such organi7ation. This Committee's schedule is weekly for a short term staving shortly, which can meet, and R% focus is "limiter' and precise which alapea(s ur m=:. " I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand thr• duties and responsibilities of tha particular position(5) that I am appiyinq for and author:., the rek ase of this information on the internet. ✓� Signature Date 0511412012 - page 2 of 2 34 FOR OFFICE USE ONLY Residence Distric0o:? Verified by lj1 .. -i r i -•ry CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 City Clerk (949) 644 -3005 Fax(949)644 -.3039 DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualifications. It is the responsibility of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Clerk's Office or on the City's website: www.newportbeachca.gov (City Govern ment/Citizen Participation). Applications will be kept on file for two years for the position(s) applied for. If you are not selected for appointment during that period of time, it will be necessary for you to re- submit an application if you are still interested in being considered. NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This document is a public record and mav be posted on the internet. NAME OF BOARD, COMMISSION OR COMMITTEE: Charter Update Committee I Name: Herdman Jeffrey Fm (Last) (First) Cell. phone Residence Address (required) How long have you lived in Newport Beach? 59 years Home Phone: Business Address: retired Business Phone: none Email Address: (Middle) Zip Code: _� Have you ever been convicted of any crime or violation of any law or statute otherthan minor traffic violations? o NO [ YES (if yes, attach separate sheet with explanation) Name and Location of Colleges/ last Year Major Degree g Universities Attended Attended University of California at Long Beach Social Science B.S. 1968 University of California at Fullerton Educational Administration MA. 1975 Chapman University Educational Administration Doctorate 1996 J, I I CONTINUE TO PAGE TWO 35 Prior or Current Civic Experience (include membership in professional, charity or community organization) Office Held (if any) Dates of `1 Membership Tidelands Management Committee - CityofN.B. Citizen Member Current — Balboa Island Improvement Association Little Balboa Island Property Owners' Association President - President —� Current Current —J Occupational History. Begin with your present or most recent position. List all positions separately held for the last five - - r �years- Firm or Or g nization Type Title Dates of Employment Irvine Unified School District Education ' Principal 1995 -2005 References. Include names of at least two residents of Newport Beach who are not officially connected with the City. 1. Name Terrylanssen _7 Address 2. Name CMlckey Dunlap 1 Address Summarize why you wish to serve the City of Newport Beach on a board, commission or committee. Include any special qualifications you have which are particularly appropriate to the position for which you are applying. I received an e-mail from City Manager, Dave Kiff, encouraging me to apply for this particular committee. In my position as president of both Balboa Island associations, my participation on this committee would be representative of a large population within the city and harbor of Newport Beach. I have become acquainted with the need for revisions to our City Charter and would very much like to be involved in the process. I have absolutely no issues with the City, our City Council, or our City government. I am honored to have been asked to apply, consider our City and its government to be the finest, and I am hopeful that my participation as a member of this short- term committee will result in decisions that will present to voters in November more efficient practices, policies and procedures for the operation of our city government. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position(s) that 1 am applying for and authorize the release of this information on the internet. (BOX MUST BE CHECKED IF SUBMITTING ELECTRONiCALLY) Signature JeffreyM.Herdm �y���Date (May9,2012 UU 36 FOR OFFIf_IE USEANLY. Residence District No a's [dll MAY —9 AM 3 . CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 City Clerk (949) 644 -3005 Fax(949)644 -3039 DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualifications. It is the responsibility of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Clerk's Office or on the Citys website: www.newportbeachca.gov (City Government/Citizen Participation). Applications will be kept on file for two years for the position(s) applied for. If you are not selected for appointment during that period of time, it will be necessary for you to re- submit an application if you are still interested in being considered. NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This document is a public record and may be posted on the internet. NAME OF BOARD, COMMISSION OR COMMITTEE: Charter Update Committee Name: Mosher James (Last) (First) (Middle) Residence Address (required): How long have you lived in Newport Beach? Business Address: n/a n/a since 1980 Home Ph Business Email Ad Have you ever been convicted of any crime or violation of any law or statute other than minor traffic violations? ❑x NO ❑ YES (If yes, attach separate sheet with explanation) Name and'f cicatton of Cull yes% ' . e v� Universities Attended - ,k. Major" I F ' i r �rr,e, I "_ t ast Yeas' l , Attended y? California institute of Technology Physics PhD 1977 California Institute of Technology Physics BS 1969 CONTINUE TO PAGE TWO 37 Prior erC urenrCw4c Experfence (include membeaktip m organization prof es+ ona !.tnanty orcommuni:yi �., om` ONi•e fell (.any }, , D u s of ) Memhcrship e none Independent Consultant physics /optical engineering n/a 1986 - UnilocDivision /Rosemount Analytical instrument development Senior Scientist 1982 -1986 DiscoVisionAssociates video disk development Staff Engineer Occupational History. Begin with your present or most recent position. List all positions separately held for the last five years. Firm o-r Orgar,+7ation ivpe of Business i . * rode { y I "' Dates a:'rmp!oyrnent Independent Consultant physics /optical engineering n/a 1986 - UnilocDivision /Rosemount Analytical instrument development Senior Scientist 1982 -1986 DiscoVisionAssociates video disk development Staff Engineer 1981 -1982 Lockheed Palo Alto Research Lab solar (astronomy) research Research Scientist 1976 -1981 References. Include names of at least two residents of Newport Beach who are not officially connected with the City. 1. Name Connie Skibba Address Phone No. 2. Name Dan Purcell Address Phone No. Summarize why you wish to serve the City of Newport Beach on a board, commission or committee. Include any special qualifications you have which are particularly appropriate to the position for which you are applying. I understand the City Clerk is soliciting applications for an Ad Hoc Charter Update Committee, created by the Council by resolution on May 8, 2012, for appointment on May 22, 2012. Although I believe appointments cannot legally be made on that date, I am most interested in serving on the newly created body and am, therefore, submitting my application. My primary, and perhaps only, qualification is that I have read the Newport Beach City Charter on occasion since December 2009 and am still somewhat conversant with selected parts of it. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position(s) that I am applying for and authorize the release of this information on the Internet. [BOX MUST BE CHECKED IF SUBMITTING ELECTRONICALLY] VSignature Date May 9,2012 RN Submit by Email APPUCAT9®N FOR. A$OldIR IVE P®SBTB®P FOR OFFICE USE ONLY Residence District No. 2 /1 7,n r Verified by_..LB. — NQ r "Y I A I' + .s- 41 Print Form CITY of NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 City Clerk (949) 644 -3003 Fax :949) 644 -3039 DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the CLy Council may fully evaluate your qualifications. It is the responsibiiiry of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Ci_fVs O;fce or on the City's website: www.newponbeachca.gov (City Government/Citizen Participation). Application will be kept-on 61efor tw.o years for the posiilon,$) applied for. If you are riot selected for appointment during that period of time, it will be necessary fot you to re- submit an application i7 you are still interested in being considered. NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This rtocuntent is a public record d and may be poster.) on the internet. NAME OF BOARD, COMMISSION OR COMPAiTTFE: City Charter Review Name• ItiavBry J . Suzanne (Lase l I =i: s ti (Middle) Cell phone Residence Address (required): Hcw long have yaa lived in Newport Beach? 112 year; Business Address; Home: (.one. Business Phone: I I I �- EmallAddress: Have you =_ver been convicted of any crime orviolatien of any law or statute other than minor traffic violations? f_X] NO ❑ YES ti f yet, attach separate sheet with e;planarion) hame and Location of Colleges! iUniversities Attended — i iYlajyf r, v2grP,P. T -- Last Yeaf Ftttended New York University Communication 9. Culture 1978 Hunter College Ohio State University "IIPh.D. Rhetoric &Communication. (Communications M. A. 18A 1975 11969 SUNY Oswego COF:TINUE TO FAGE TNO 39 Prior or Current Civic Experience (include membership in professional, charity or commurityorganization) office Held (if any) Dates of Membership Las Commodoras, Bahia Corinthian Yacht Club President 1987 -present Board President, Glendale YWCA President 2006 President, Glendale Scroptimists Club President 2005 Board Chair, Shark Island Yacht Club President 2005 Occupational History. Begin with your present or most recent position. List all positions separately held for the last five years. Firm or Organization Type ofBusiness Title (Associate DatesofEmoioymenr University of Southern California Marshall School of Business Professor 1998-2006 Savary Associates Management Consultants Management Consultants President/CEO 1979- present References. Include names of at least two residents of Newport Beach who are not officially connected with the City. 1. Name Joan Morris Address Phone No. 2. Name Patty Humphreys Address Phone No. Summarize why you wish to serve the City of Newport Beach on a board, commission or committee. Include any special qualifications you have which are particularly appropriate to the position for which you are applying. I appreclatethe Invitation of Council Member Keith Curry inviting me to utilize my management and communications skills to serve the city in which 1 live. I look forward to the opportunity to serve. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position(s) that I am applying for and authorize the release of this information on the internet. L Signature Or Suzanne Savary Date May 16,2012 HE FOR OFFICE l)SE ONLY Residence District No. L Verified by "•il. I .,;51 -- (,„ t_°1 , . C Li 7412 !IY 17 Q -11 11: 15 r- CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 City Clerk (949) 644 -3005 Fax (949) 644 -3039 DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualifications. It is the responsibility of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Clerk's Office or on the City's website: www.newportbeachca.gov (City Government /Citizen Participation). Applications will be kept on file for two years for the position(s) applied for. If you are not selected for appointment during that period of time, it will be necessary for you to re- submit an application if you are still interested in being considered. NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This document is a public record and may be posted on the internet. NAME OF BOARD, COMMISSION OR COMMITTEE: Charter Update Committee Name: Stapleton I Joseph iMuir (Last) Cell phon� Residence Address (required): How long have you lived in Newport Beach? 6 years Business Address: (First) Home Ph Business Email Ad, (Middle) Have you ever been convicted of any crime or violation of any law or statute other than minor traffic violations? ❑X NO C) YES (if yes, attach separate sheet with explanation) r- -Name and Location of Colleges / Universities Attended Ma or `° I Deg Last Year Attended University of Arizona BS in Business Administration Finance & Entrepreneur 2006 CONTINUE TO PAGE TWO 41 Prioeor Current Civic Experience (include member hip in } piotesstonal charily or community prgamzati tin} Oft ice Neld = r ° f anyDfvlembershp �r Dates of r i $ All a The Elite OC, Young Professionals Society President 2008- Present Newport Beach Chamber of Commerce Board of Directors President of Membership Council 2011- Present Leadership Tomorrow Board of Directors 201D- Present Occupational History. Begin with your present or most recent position. List all positions separately held for the last five years. ` .Mot rJrgantzation Type of Bus, e s Title k fates of Employment Signature Resources Financial Services Financial Advisor 2008- Present Chrisco: Enterprises, Inc Restaurant &'Bar Owner 2005 -2008 References. Include names of at least two residents of Newport Beach who are not officially connected with the City. 1. Name Rush Hill Address 2. Name Tim Brown Address Phone No. Summarize why you wish to serve the City of Newport Beach on a board, commission or committee. Include any special qualifications you have which are particularly appropriate to the position for which you are applying. The Charter Update Committee would give me the ability to review the current city charter and update measures where needed to preserve /grow our city for future generations. Getting involved in this great community has become a focus of mine since I moved here 6 years ago and I want to do all that I can to help in maintaining our mission like so many have done before us. The City of Newport would not be where it is today if concerned citizens were not as involved as they have shown to be. Continuing to grow as a community and update measures is important in my mind and this committee would allow a number of citizens to help do that. A Charter review and possible updates is important especially in these times. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position(s) that I am applying for and authorize the release of this information on the internet. [BOX MUST BE CHECKED IF SUBMITTING ELECTRONICALLY] Signature Date May 17, 2012 42 Verified by APPLICATIGIV FOR APP®INTW E RECEIVED 2011 APR -8 PM Q: 08 ORCE OF CITY CLERK Submit by Email i Print form POSITION CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 City Clerk (949) 644 -3005 Fax(949)644 -3039 DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualifications. It is the responsibility of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Clerk's Office or on the City's website: www.newportbeachca.gov (City Government/Citizen Participation). Applications will be kept on file for two years for the position(s) applied for. If you are not selected for appointment during that period of time, it will be necessary for you to re- submit an application if you are still interested in being considered. NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This document is a public record and may be posted on the internet. NAME OF BOARD, COMMISSION OR COMMITTEE: U hl NKTl`JZI ) Name: Stoaks Tim Bryan (Last) Cell phone (First) Residence Address (required): Zip Code: How long have you lived in Newport Beach? 9 yrs Home Ph Business Address: W I Business Email Ad (Middle) Have you ever been convicted of any crime or violation of any law or statute other than minor traffic violations? ® NO E] YES (If yes, attach separate sheet with explanation) Name and Location ofCoJI es! eg I.A Universities ended r` x v '. Major'-1 f' Degree r ast Year Attended University of Arizona, College of Architecture Architecture BS 1987 CONTINUE TO PAGE TWO 43 °rororCurrent Civic Experience [ind, membership in professional, charity or community organization) Office d (if any', Dates of Membership Environmental Quality Affairs Committee Member 2006- Present SAHPAC - Chairman 2005 - Present [sunsetting Oasis - Building Fund Exec.Member 1998 Air Fait Director 12006 - Present occupational History. Begin with your present or most recent position. List all positions separately held for the last five years. Firm or Organization Type of Business Title 'c`;. Dates of Employment Allergan Pharmaceutical, Irvine Corporate Engineering Sr. Manager 2000- present National Home Communities Resort Residential development Director 1998 PacifiCare Health Systems- Cypress, Ca. Facilities Planner - Corp. Realestat Manager 1993 -1996 WAT&G Architects - Newport Beach, Ca. Architecture & Planning Project Manager 1988 -1992 References. Include names of at least two residents of Newport Beach who are not officially connected with the City. 1. Name Evelyn Hart Address Phone No. 2. Name Address Phone No. Melinda Seeley Summarize why you wish to serve the City of Newport Beach on a board, commission or committee. include any special qualifications you have which are particularly appropriate to the position forwhlch you are applying. - I will bring to the Commission a complication of 24 years of professional experience In the disciplines of Architecture/ Planning, Construction and Community Service. This experience consists of full service traditional architectural practice, development, real- estate, corporate Campuses and a variety of construction projects. - I have also spent many years actively participating in my community on Advisory Boards, Volunteer Positions & as a Leaderfdr a RDA project area. -My goal when serving on Boards and Commissions is to try and find "Equity" in all of those opportunities that are presented. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position(s) that I am applying for and authorize the release of this information on the Internet. [BOX MUST BE CHECKED IF SUBMITTING ELECTRONICALLY] MSignature Date 4/8/2011 r, lea � F� d C:, i f, � w P �''." • s •!,- F oR OFFICE USE ONLY ResidebceDistrlctNo:' _ Verified by " E 14 II: OJ f .'I Z CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 City Clerk (949) 644 -3005 Fax(949)644 -3039 DIRECTIONS: One application can be used for all the appointive positions you are applying for. Applications should be filled out completely so that the City Council may fully evaluate your qualifications. It is the responsibility of the applicant to familiarize themselves with the duties and responsibilities of the position(s) applied for. Detailed information outlining the responsibilities of the positions can be obtained from the City Clerk's Office or on the City's website: www.newportbeachca.gov (City Government/Citizen Participation). Applications will be kept on file for two years for the position(s) applied for. If you are not selected for appointment during that period of time, it will be necessary for you to re- submit an application if you are still interested in being considered. NOTICE: Section 702 of the City Charter requires that members of Boards or Commissions appointed by the City Council shall be from the qualified electors of the City. This document is a public record and may be posted on the internet. NAME OF BOARD, COMMISSION OR COMMITTEE: Charter Update Committee Name: Watkins I Paul Keene (Last) (First) Cell phone Residence Address (required): How long have you lived in Newport Beach? 34 years Home Phone: Business Address Business Phone: Email Address: (Middle) Have you ever been convicted of any crime or violation of any law or statute other than minor traffic violations? ❑x NO (3 YES (If yes, attach separate sheet with explanation) Name and Location of Coileyes/ ( °5 UnivetsitirsAttendea ai,, �F, Major i ti,5 � tcjr Dee I ast YeaI s ,- ,At-,end c1 USC Political Science BA 1968 USC Finance MBA 1970 USC Law Degree JD 1973 CONTINUE TO PAGE TWO 45 Prior orCurient Ci <qc E xoerFence (include membe shlp in prufes.,ional ,charityorcommunRyeryanizdtfon ,pe - "- office Held ar s rr (if ` A Datr o; Mr *mbetiliw, West Newport Citizens Advisory Panel Member 2011 Charter Update Commission Member 2010 West Newport Beach Association President /Board Member 1984 -2011 Occupational History. Begin with your present or most recent position. List all positions separately held for the last five years. F FIrm or Organization Typea'BuSiiies Title '-Dates of Employment Watkins, Blakely & Torgerson, LLP Law Practice Partner 1990 -2012 References. Include names of at least two residents of Newport Beach who are not officially connected with the City. 1. Name Noel Torgerson Address Phone No. 2. Name Arnie Blakely Address Phone No. Summarize why you wish to serve the City of Newport Beach on a board, commission or committee. Include any special qualifications you have which are particularly appropriate to the position forwhich you are applying. In 2010,1 served on The Charter Update Commission. Since then (2011),1 served on the West Newport Citizen Advisory Committee which recommended hardscape /landscape improvements for the West Newport area. I am a consensus builder and believe I can add value and experience to The Charter Update Committee.* "I have had a long- scheduled prepaid trip to Puerto Rico on May 24. Other than this conflict, I hope to be able to make all other meetings. I certify that all statements made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position(s) that I am applying for and authorize the release of this information on the internet. [BOX MUST BE CHECKED IF SUBMITTING ELECTRONICALLY] aSignature Date May 14, 2012 M