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HomeMy WebLinkAbout6285 - General Municipal Election 4-12-66THS:mec 2/7/66 RESOLUTION N0. 6285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUBMISSION OF PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF NEWPORT • BEACH TO THE QUALIFIED ELECTORS OF SAID CITY AT THE REGULAR GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 12, 1966 • WHEREAS, the City Council by Resolution No. 6281 called a regular general municipal election to be held on April 12, 1966, as provided in the Charter of the City of Newport Beach; and WHEREAS, the City Council of said City desires to sub- mit to the qualified electors of said City certain proposed amend- ments to the Charter of the City of Newport Beach as hereinafter set forth; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve, declare, determine and order as follows: SECTION 1. The City Council, pursuant to its right and authority so to do, does hereby determine that there shall be and there are hereby ordered submitted to the qualified electors of said City at said regular general municipal election the follow- ing proposed Charter Amendments: CHARTER AMENDMENT NUMBER ONE The exact form of the ballot proposition to submit pro- posed Charter Amendment Number One to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: PROPOSED CHARTER AMENDMENT NUMBER ONE: YES Shall Section 402 of the Charter be amended to increase the reimbursemex to members of the City Council for out -of- pocket expenditures and costs NO from One Hundred to Two Hundred Dollars per month? A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross ( +) placed in the voting square after the word "NO" as set out above shall.be counted against the adoption of the • proposed charter amendment. Should proposed Charter Amendment Number One receive a favorable vote and be approved, Section 402 of the Charter.shall be amended to read as follows: "Section 402. Compensation. The members of the City Counci s a receive no compensation for their services as such, but shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty. In addition, each member shall receive the sum of Ape Two Hundred Dollars per month, which amount shall be deemed -to—'be reimbursement of other out - of- pocket expenditures and costs imposed upon him in serving as a City Councilman. Absence of a Councilman from all regular and special meetings of the Council during any calendar month shall render such Councilman ineligible to receive such sum for such calendar month." (Strike -out type indicates words being taken out by the amendment; underlined words are those being added by the amendment.) CHARTER AMENDMENT NUMBER TWO The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Two to the qualified - electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: PROPOSED CHARTER AMENDMENT NUMBER TWO. Shall Section 404 of the Charter be amended to YES increase the maximum amount from Fifty to One Hundred Dollars per month which the Council may authorize by resolution as an additional NO expense allowance to the Mayor? A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. 2. A cross ( +) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendment. • Should proposed Charter Amendment Number Two receive a favorable vote and be approved, Section 404 of the Charter shall be amended to read as follows: "Section 404. The Mayor. Mayor Pro Tempore. On the first Tues3aoflowing any general or special municipal election at which any Councilman is elected, the City Council shall meet and shall elect one of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceed- ings: He shall be the official head of the City for all ceremonial purposes. He shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and, as occasion requires, he may inform the people of any major change in policy or program. He shall perform such other duties consistent with his office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. In addition to the payment for expenses as.a Council- man under Section 402, the City Council may provide by resolution for the payment to the Mayor of an allowance of not exceeding Fifty One Hundred Dollars per month to reimburse him for the a iti3d oo`F demands made upon him and expenses incurred by him in serving as Mayor. The City Council shall also designate one of its mem- bers as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The' Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability." (Strike -out type indicates words being taken out by the amendment; underlined words are those being added by the amendment.) CHARTER AMENDMENT NUMBER THREE The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Three to the qualified electors of the City of Newport Beach, with the language enclosed by the lines • appearing on the ballot, is as follows: 3. 9 • PROPOSED CHARTER AMENDMENT NUMBER THREE: YES Shall Section 602 of the Charter be amended to provide that the City Attorney shall prosecute misdemeanor offenses arising under State law if authorized and directed to do so by ordinance NO or resolution adopted by the City Council? A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross ( +) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendment. Should proposed Charter Amendment Number Three receive a favorable vote and be approved, Section 602 of the Charter shall be amended to read as follows: " "Section 602. ,City Attorney. Powers and Duties. To become an remain eligible for City Attorney the person appointed shall be an attorney at law duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least three years prior to his appointment. The City Attorney shall have power and may be required to:. (a) Represent and advise the City Council and all City officers in all matters of law pertaining to their offices. (b) Prosecute on behalf of the people any or all criminal cases arising from violation of the provisions of this Charter or of.City ordinances. He shall prosecute misdemeanor offenses arising under State law i aut orized (c) Represent and appear for the City in any or all actions or proceedings in which the City is concerned or is a party, and represent and appear for any City officer or employee, or former City officer or employee, in any or all actions or proceedings in which any such officer or employee is concerned or is a party for any act arising out of his employment or by reason of his official capacity. 4. (d) Attend all regular meetings of the City Council and give his advice or opinion in writing whenever re- quested 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 approval thereon in writing. (f) Prepare any and all proposed ordinances and res- olutions for the City and amendments thereto. (g) Devote such time to the duties of his office as may be specified in the ordinance or resolution fixing the compensation for such office, (h) Surrender to his successor all books, papers, files and documents pertaining to the City's affairs. The City Council shall have control of all legal busi- ness and proceedings and may employ other attorneys to take charge of any litigation or matter or to assist the City Attorney therein." (Underlined words are those being added by the amendment.) CHARTER AMENDMENT NUMBER FOUR The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Four to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: PROPOSED CHARTER AMENDMENT NUMBER FOUR: ( +) placed in YES square Shall Section 610 of the Charter be amended to the word "YES" as set out make the existing Charter restrictions against shall be counted in favor nepotism apply to appointments to positions adoption within the Civil Service System as well as to NO non -Civil Service positions? is cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross ( +) placed in the voting square after the word "NO" as set out above shall be tounted against the adoption of 5. the proposed charter amendment. Should proposed Charter Amendment Number Four receive a favorable vote and be approved, Section 610 of the Charter • shall be amended to read as follows: "Section 610. Nepotism. The City Council shall not appoint to a sa aried position under the City government any person who is a relative by blood or marriage within the third degree of any one or more of the members of such City Council, nor shall any department head or other officer having appointive power appoint any relative of his within such degree to any such position. �k�s- seed} ea;- ke�ae*ae�;- eka��- �seB -agg�y -fie- eke -g�e- batieaary- e�- peaea�- apge�aeeaea�- a €- aay- pe�'sea -ee -e pea €��ee�- £tse�x�ed -�a- eke- 6�v3�- Se�v�ee- 6yeBecaa" (Strike -out type indicates words being taken out by the amendment.) CHARTER AMENDMENT NUMBER FIVE The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Five to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: PROPOSED CHARTER AMENDMENT NUMBER FIVE: Shall Section 706 of the Charter be amended to YES reduce the number of Planning Commissioners from nine to seven and to require the Planning Director to attend the meetings of the Plan- NO ning Commission in an advisory capacity? A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross ( +) placed in the voting square after the word "NOH° as set out above shall be counted against the adoption of the proposed charter amendment. M Should proposed Charter Amendment Number Five receive a favorable vote and be approved, Section 70-6 of the Charter shall be amended to read as follows: • "Section 706. Planning Commission. Members. There shall a aannTing Commission consisting of nine seven members. The Planning Director, the City Engineer —an the City Attorney, or their assistants, shall meet with and— participate in the discussions of the Planning Commission but shall not have a vote." (Strike -out type indicates words being taken out by the amendment; underlined words are those being added by the amendment.) CHARTER AMENDMENT NUMBER SIX The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Six to the qualified electors of the City of Newport Beach, with the language enclosed by the fines appearing on the ballot, is as follows; PROPOSED CHARTER AMENDMENT NUMBER SIX: YES Shall Section 709 of the Charter be'amended to change the title of the Recreation Director to Parks, Beaches and Recreation Director? NO A cross ( +) placed in the voting square after the word '*YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross (+) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendment. Should proposed Charter Amendment Number Six receive a favorable vote and be approved, Section 709 of the Charter shall be amended to read as follows: "Section 709. Parks, Beaches and Recreation Commis- sion. owl ers an Duties. There shall be a Parks, Beaches and Recreation Commission.consisting of seven members. 7. The Parks, Beaches and Recreation Commission shall have the power and duty to: (a) Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, • parkways and street trees. (b) Consider the annual budget for parks, beaches, recreation, parkways and street tree purposes during the process of its preparation and make recommendations with respect thereto to the City Council and the City Manager. ►�J (c) Approve or disapprove the appointment, suspen- sion or removal of the Parks Beaches and Recreation Director who shall be the epartment ea . (d) 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 inter- ested therein. (e) Establish policies for the acquisition, develop- ment 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. (f) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter." (Underlined words are those being added by the amendment.) CHARTER AMENDMENT NUMBER SEVEN The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Seven to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: PROPOSED CHARTER AMENDMENT NUMBER SEVEN: Shall Section 1005 of the Charter be amended to YES provide that the names and respective boundaries of the seven councilmanic districts shall be as es- tablished by ordinance; shall Sections 1006 through 1012 of the Charter, which contain obsolete descrip- tions of the seven councilmanic districts, be de- NO leted from the Charter; and shall Section 1013 of the Charter be renumbered to Section 1006? 0 A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. • A cross ( +) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendment. Should proposed Charter Amendment Number Seven receive a favorable vote and be approved, Section 1005 of the.Charter shall be amended to read as follows: "Section 1005. Districts. The City is hereby divided into seven districts, the names and respective boundaries of which shall be as kereine €ter -in- skis- ArEiele- provided established by ordinance. In 1959 and each fourth year thereafter the City Coun- cil shall appoint a committee to study and report to the City Council on the advisability of redistricting the City. Upon receipt of any such committee report, and at any other time deemed necessary or desirable in order that the district boundaries be fair and logical, the City Council may by ordinance change and redefine the boundaries of any or all of the seven districts herein established. The boundaries so defined shall be established in such manner that the district shall, as nearly as practicable, con- stitute natural areas of contiguous and compact territory and provide fair representation on the City Council. Not- withstanding the provisions of Section 401, no redistrict- ing shall disqualify any Councilman from serving as Coun- cilman from the district from which he was nominated or appointed for the remainder of his term, if elected, or until the next general municipal election, if appointed. Any territory hereafter annexed to or consolidated with the City shall, at the time of such annexation or consoli- dation, be added by ordinance of the City Council to an adjacent district or districts." (Strike -out type indicates words being taken out by the amendment; underlined words are those being added by the amendment.) Should proposed Charter Amendment Number Seven receive a favorable vote and be approved, Sections 1006 through 1012 of the Charter shall be repealed and Section 1013 of the Charter shall be renumbered to Section 1006. /l CHARTER AMENDMENT NUMBER EIGHT The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Eight to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: 9. • PROPOSED CHARTER AMENDMENT NUMBER EIGHT-. Shall Section 1107 of the Charter be amended to YES increase the maximum special tax which the City Council could impose for library purposes from ten to fifteen cents on each One Hundred Dollars of the assessed value of taxable property in the NO city? A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross ( +) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendment. Should proposed Charter Amendment Number Eight receive a favorable vote and be approved, Section 1107 of the Charter shall be amended to read as follows-. "Section 1107. Tax Limits. (a) The City Council shall not ® evy�a property tax, for municipal purposes, in excess of One Dollar annually on each One Hundred Dollars of the assessed value of taxable property in the City, except as otherwise provided in this Section, unless authorized by the affirmative votes of three - fifths of the electors voting on a proposition to increase such levy at any election at which the question of such additional levy for municipal purposes is sub- mitted to the electors. The number of years that such additional levy is to be made shall be specified in such proposition, (b) There shall be levied and collected at the same time and in the same manner as other property taxes for municipal purposes are levied and collected, as additional taxes, if no other provision for payment thereof is made: 1. A tax sufficient to meet all liabilities of the City for principal and interest of all bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which constitute general obligations of the City; and 2> A tax sufficient to meet all obligations of the City to the State Employees Retirement System for the retirement of City employees, due and unpaid or to become due during the ensuing fiscal year. 10. (c) Special levies in addition to the above, may be made annually for the following purposes in amounts not to exceed the limits hereinafter respectively enumerated in this Section, on each'One Hundred Dollars of the assessed value of taxable property in the City: • 1. For libraries in an amount not to exceed tea fifteen cents. is 2. For advertising and promotion in an amount not to exceed ten cents. 3. For parks, beaches, civic beautification, rec- reation and playgrounds in an amount not to exceed fifteen cents, The proceeds of special levies, may be used solely for the respective purposes for which such levies have been made." (Strike -out type indicates words being taken out by the amendment; underlined words are those being added by the amendment.) CHARTER AMENDMENT NUMBER NINE The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Nine to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: PROPOSED CHARTER AMENDMENT NUMBER NINE: Shall Section 1110 of the Charter,which concerns contracts for public works projects, be amended YES to provide that the public bid requirements shall apply to projects involving a total expenditure exceeding Five Thousand Dollars, or such lesser amount as may be established by ordinance, in- stead of the existing provision that public bid requirements shall apply to any project involving NO a total expenditure in excess of Three Thousand Dollars? A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption 11. of the proposed charter amendment. A cross ( +) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of • the proposed charter amendment. Should proposed Charter Amendment Number Nine receive a favorable vote and be approved, Section 1110 of the Charter shall be amended to read as follows- "Section 1110. Contracts on Public Works. Every project oonstruction or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds, and every purchase of supplies or materials for any such project, when the total expendi- tures required for the same project exceed Eke- smm -e€ Tkree Five Thousand Dollars, or such lesser amount as maX be established by ordinance shall a et y t e City ounc y contract to t e lowest responsible bid- der after notice by publication in the official news- paper by one or more insertions, the first of which shall be at least twenty days before the time for opening bids. Projects for the maintenance or repair of streets, drains or sewers are excepted from the requirements of this paragraph if the City Council determines that such work can be performed more economically by a City department than by contracting for the doing of such work. All bids shall be accompanied by either a certified or cashiers check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications re- ferred to therein, or if no amount be so specified then in an amount not less than ten per cent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or in the specifi- cations referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general funds, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council may reject any and all bids pre- sented and may readvertise in its discretion. The City Council, without advertising for bids, or after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on • estimates approved by the City Manager, the work in question may be performed better or more economically by the City with its own employees or the supplies or mate- rials may be purchased more economically on the open market, and after the adoption of a resolution to this effect by at least five affirmative votes of the Council may proceed to have said work done or said supplies or 12. materials purchased in the manner stated, without further observance of the provisions of this Section, Such contracts likewise may be let without advertising for bids, if such work or supplies or materials shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall t be authorized by resolution passed by at least five of -- firmative votes of the Council and containing a declara- tion of the facts constituting such urgency.' (Strike -out type indicates words being taken . out by the amendment, underlined words are those being added by the amendment,) CHARTER AMENDMENT NUMBER TEN The exact form of the ballot proposition to submit pro® posed Charter Amendment Number Ten to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: PROPOSED CHARTER AMENDMENT NUMBER TEN Shall Section 1110 of the Charter, which concerns YES contracts for public works projects, be amended to provide that the minimum time required to elapse between the first publication of notice inviting NO bids in the official newspaper and the time for opening bids be decreased from twenty to ten days? A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross ( +) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendment. • Should proposed Charter Amendment Number Ten receive a favorable vote and be approved, Section 1110 of the Charter shall be amended to read as follows: "Section 1110, Contracts on Public Works, Every project or t e construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds, and every purchase of supplies or materials for any such project, when the total expenditures 130 required for the same exceed the sum of Three Thousand Dol- lars, shall be let by the City Council by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least tweRty ten days before the time for opening bids. Projects for the maintenance or repair of streets, drains or sewers are excepted from the require- ments of this paragraph if the City Council determines that such work can be performed more economically by a City department than by contracting for the doing of such work. All bids shall be accoganied by either a certified or cashier's check, or a bidder s bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten per cent of the aggregate amount of the bide If the successful bidder neglects or refuses to enter into the con- tract, within the time specified in the notice inviting bids or in the specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council may reject any and all bids presented and may readvertise in its discretion. The City Council, without advertising for bids, or after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager, the work in question may be performed better or more economically by the City with its own employ- ees or the supplies or materials may be purchased more economically on the open market, and after the adoption of a resolution to this effect by at least five affirmative votes of the Council may proceed to have said work done or said supplies or materials purchased in the manner stated, without further observance of the provisions of this Section. Such contracts likewise may be let without advertising for bids, if such work or supplies or materials shall be deemed by the City Council.to be of urgent necessity for the pres- ervation of life, health or property, and shall be authorized by resolution passed by at least five affirmative votes of the Council and containing a declaration of the facts consti- tuting such urgency." (Strike -out type indicates words being taken out by the amendment; underlined words are those being added by the amendment.) CHARTER AMENDMENT NUMBER ELEVEN The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Eleven to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows: 140 U PROPOSED CHARTER AMENDMENT NUMBER ELEVEN- Shall Section 1113 of the Charter be amended to YES change the title of the Section from "Capital Outlays Fund" to "Capital Improvement Fund" and to change the term "capital outlay" or "outlays" to "capital improvement" or "improvements" NO throughout the Section? A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross ( +) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendment. Should proposed Charter Amendment Number Eleven receive a favorable vote and be approved, Section 1113 of the Charter shall be amended to read as follows: "Section 1113. Capital Otielays Improvement Fund. A fund for capital emtlays improvements-generally is hereby created, to be known as the 'Capita ®days Improvement Fund', The City Council may create by ordinance a special fund or funds for a special capital entlay im rovement purpose, The City Council may levy and col ect taxes for capital outlays improvements and may include in the annual tax levy a levy or s� uch purposes in which event it must apportion and appropriate to any such fund or funds the, moneys derived from such levy. It may not, in making such levy, exceed the maximum tax rate provided for in this Charter, unless authorized by the affirmative votes of three - fifths of the electors voting on the proposition at any election at which such question is submitted, The City Council may transfer to any such fund any unencum- bered surplus funds remaining on hand in the City at any time. Once created, such fund shall remain inviolate for the purpose for which it was created; if for capital • outlays improvements generally, then for any such pur- poses, and--if—fora special capital outlay �iimprovemn�tt, then for such purpose only, unless the use o s� �� 'fund for some other capital outlay im rovement purpose is authorized by the affirmative v e, or a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. 150 If the purpose for which any special capital extlay improvement fund has been created has been accomplished, the City Council may transfer any unexpended or unencum- bered surplus remaining in such fund to the fund for capital etttlap improvements generally, established by • this Charter,' (Strike -out type indicates words being taken out by the amendment; underlined words are those being added by the amendment.) CHARTER AMENDMENT NUMBER TWELVE The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Twelve to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows; PROPOSED CHARTER AMENDMENT NUMBER TWELVEo Shall Section 1114 of the Charter be amended to provide that all claims for damages against the YES City shall be filed in accordance with the re- quirements prescribed by ordinance except as otherwise provided by the provisions of State law applicable to chartered cities and to delete the specific requirements for filing such claims presently included in the Charter which have become obsolete because of changes in State laws; shall Section 1116 of the Charter relating to lawsuits against the City which is in conflict NO with State law be repealed; and shall Section 1117 of the Charter be renumbered to Section 1116? 0 A cross ( +) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. 16. Y - t A cross ( +) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendment, Should proposed Charter Amendment Number Twelve receive a favorable vote and be approved, Section 1114 of the Charter shall be amended to read as follows; "Section 1114. Fresentat €en- a € -Remands, Claims and icabie to cnarterec cities aii claims t trie M't_v__sR_a11_'"Fe__filed as prescribed ordinance mast -be- veri €ie -aa - presents -te -t a -6ity- erk wzin- inety- days -a €ter - the- eeenrrenee ;-event -er -trans aetiea -€ rem - which -the- damages- aiieged�y- aresey -er- within aneh- abetter - time- ns- is- ethereaise- provided -by -laws -and shah- set - €girth -ia- detail -the -name -and- address -e €- the- elaim- ant;- the - time; - dater- piaee- and- eirenmseaaees -of- the- eeeer- renee- and -the- extent -e €- the- iajmries -er- damages - sustained Ali- sash -eiaims- sha�i- be- agpreved -er- rejected- in- e®riting -by ender -e €- the- 63ty- 6eaaeii- and - the - date - thetas €- given< All other demands against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance within ninety days after the last item 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 proper 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 ap- proval 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." Should proposed Charter Amendment Number Twelve receive a favorable vote and be approved, Section 1116 of the Charter shall be repealed, which Section presently reads as follows; "Ssetiea- 1l164 -- Asti® ns- AgaiAS�- 6�ty� - -Ne- suit- sha�i -�s br ®nght- e�moneq -er- damages - against- the- Eipq- er -anq- beard;. eerneissien - ®r -e£ €seer - thanes£- Bntii- a- eiaim - ®r- demand -for the -same °has- been - presented- as -in- this- Eharter- provided -and sash- eisim- and - demand- has - been - rejected- in- wh ®ie -er -in -panto if- rejected -in- part - snit - may -be- brought- to-recover -the- 17. � C esk® lea-- Fa�l��e- �e- e® �P�eee- aee $ ®n- apg�eer #�.g- e� ®�egee���.g any- e�a3m- ®r- �ema�id- w��k��- s�x�y- says- �� ®m- ekemday -eke saane- �s- g�ese�.�ed- akak� -be- deemed- a- �e�ee��ea- ekes @ ® €o F° (Strike -out type indicates words being taken out by the amendment.) • Should proposed Charter Amendment Number Twelve receive`d favorable vote and be approved, Section 1117 of the Charter shall be renumbered to Section 11160 • CHARTER AMENDMENT NUMBER THIRTEEN The exact form of the ballot proposition to submit pro- posed Charter Amendment Number Thirteen to the qualified electors of the City of Newport Beach, with the language enclosed by the lines appearing on the ballot, is as follows; PROPOSED CHARTER AMENDMENT NUMBER THIRTEEN - Shall the Charter be amended to add Section 1402 (d) to authorize the City Council to sell and convey that parcel of City -owned real prop - YES erty on the south side of Balboa Boulevard between E and F Streets described as follows; That portion of Section Thirty -five (35), in Township Six (6) South, Range Ten (10) West, San Bernardino Base & Meridian together with that portion of Fractional Section Two (2), in Township Seven (7) South, Range Ten (10) West, San Bernardino Base & Meridian shown as Parcel "A " on the map recorded in Book 80, Page 48 of Record of Surveys in the office of the County Recorder of Orange County, California, and described as follows: Beginning at the most westerly corner of Lot 8, Block 22, Eastside Addition to Balboa Tract as shown on the map recorded in Book 4, Page 20 of Miscellaneous Maps in the office of the NO County Recorder of said County; thence S 700 10' 00R1 E, 3.78 feet to the True Point of Beginning; thence continuing S 700 10" 001° E 26022 feet; thence N 19° 50" 0010 E. 9046 feet; thence West 27.87 feet to the True Point of Beginning? 18 A cross (+) placed in the voting square after the word "YES" as set out above shall be counted in favor of the adoption of the proposed charter amendment. A cross (+) placed in the voting square after the word "NO" as set out above shall be counted against the adoption of the proposed charter amendments Should proposed Charter Amendment Number Thirteen receive a favorable vote and be approved, Section 1402 (d) shall be added to the Charter to read as follows- "Section 1402. Ld Exception to Section 1402. Not- withstanding tleprovisions of Section 14029 the City Council may sell and convey that parcel of City -owned real property described as follows, to wit- That portion of Section Thirty -five (35) in Town- ship Six (6) South, Range Ten (10) West, San Bernardino Base & Meridian together with that portion of Fractional Section Two (2), in Township Seven (7) South, Range Ten (10) West, San Bernardino Base & Meridian shown as Parcel A on the map recorded in Book 809 Page 48 of Record of Surveys in the office of the County Recorder of Orange County, California, and described as follows- Beginning at the most westerly corner of Lot 8, Block 22, Eastside Addition to Balboa Tract as shown on the map recorded in Book 4, Page 20 of Miscellaneous Maps in the office of the County Recorder of said County; thence S 70® 10' 00" E. 3.78 feet to the True Point of Beginning -. thence continuing S 70® 10' 00" E. 26.22 feet- thence N 19° 50' 00" E 9.46 feet- thence West 27.87 feet to the True Point of Beginning." ADOPTED this 14th day of February, 1966, Mayor AT EST- ity Clerk 19. 0 �vr STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, Cs lifornia, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6285 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at a regular meeting of said City Council held at the regular meeting place thereof, on the 14th day of February , 19 66 by the following vote, to wit: AYES, COUNCILMEN: Parsons, Marshall, Elder, Gruber, Cook, Fo Eit, Shelton NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None Dated this 15th day of February 19 66 City ClerlQ and x- Officio Clerk of the > City Council, City of Newport Beach, State of California.