HomeMy WebLinkAboutAtt B - Partial RedlineAttachment B Updated 6-11-12
Article IV - City Council
The members of the City Council shall receive as compensation for their services in the amount
of $ 1,227.35 per month, which amount shall reimburse the City Councilmember for
expenditures imposed upon him or her in serving as a City Councilmember. The Mayor shall
receive as compensation an additional amount of S 513.96 per month to reimburse the Mavor
for the additional expenses incurred in serving in that capacity. In addition, each member of the
City Council shall receive reimbursement on order of the City Council for Council authorized traveling
exaenses when on official dutv. The compensation set forth in this Section shall be adiusted each
July 1 in accordance with the U.S. Department of Labor, Bureau of Labor Statistics,xrq rrtC
^Rtage ehaRge ;R t - CEonsumer Price Index for All Urban Consumers (CPI -U), Los Angeles -
Riverside -Orange County region, or five percent (5%) whichever amount is lesser. Absence of a
Councilmember from all regular and special meetings of the Council during any calendar month
shall render such Councilmember ineligible to receive compensation for such calendar month.
On the date of any meeting of the City Council at which time the Council receives the
certification of the results of any general or special municipal election at which any member of
Council is elected, the City Council shall, after swearing and qualifying any newly elected
member, elect one of its members as its presiding officer, who shall have the title of Mayor.
The Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary
but not exclusive responsibility for interpreting the policies, programs and needs of the city
government to the people, and, as occasion requires, the Mayor may inform the people of any
change in such other duties consistent with the office as may be prescribed by this Charter or as
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On the date of any meeting of the City Council at which time the Council receives the
certification of the results of any general or special municipal election at which any member of
Council is elected, the City Council shall, after swearing and qualifying any newly elected
member, elect one of its members as its presiding officer, who shall have the title of Mayor.
The Mayor shall have a voice and vote in all its proceedings. The Mayor shall have the primary
but not exclusive responsibility for interpreting the policies, programs and needs of the city
government to the people, and, as occasion requires, the Mayor may inform the people of any
change in such other duties consistent with the office as may be prescribed by this Charter or as
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may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of
the City Council.
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The City Council shall at the same time the Mayor is elected also designate one of its members
as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The
Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or
disability. (As amended by amendments effective on April 28, 1966, June 6, 1974, April 8, 1980,
and November 6, 1984)
Section 407 Regular Meeting.
The City Council shall hold regular meetings at least t, iee each .,- eRth at such times as it shall
fix by ordinance or resolution. All regular meetings shall be publicly noticed according to the
Ralph M. Brown Act, or any successor law.
te -A date and heur eeFtaffin which shall be specified OR the eFdeF ef adjeuMmeRt and wheR Se
helFduysuch regiilar FneetiY shall he h, -,Id_ A -P +h. .,..+ hlI iRess days
Section 408 Special Meetings.
Special meetings may be called at any time by the Mayor, or by four members of the City
Council, by written notice delivered personally to each member -and publicly noticed
according to the Ralph M. Brown Act, or any successor law. ,^-I +„ P_ -,Ch I^,. -,I Re,^,spape
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Section 409 Place of Meetings.
All meetings shall be held in locations allowed by the Ralph M. Brown Act, or any successor
law. ,
adjeurRed and shall be epee +„ the p hlie. If, by reason of fire, flood or other emergency, it
shall be unsafe to meet in the place designated, the meetings may be held for the duration of
the emergency at such place as is designated by the Mayor, or, if he or she should fail to act, by
four members of the City Council.
Section 421 Contracts. Execution.
The City shall not be bound by any contract, except as hereinafter provided, unless the same
shall be made in writing, approved by the City Council or employee designated by the City
Council-^ ^-Ah^ra;z^effleep and signed on behalf of the City by the Mayor and Cit Gl^rk or
by such other efficer er ^fficersemployee as shall be designated by the City Council, the City
Clerk and the City Attorney. Any of said employeesef�ers shall sign a contract on behalf of the
City when authorized or directed to do so by the City Council.
By ordinance or resolution the City Council may authorize the City Manager or other ^{-
employees to bind the City, with or without a written contract, for the acquisition of
equipment, materials, supplies, labor, services or other items included within the budget
approved by the City Council, and may impose a monetary limit upon such authority.
The City Council may by ordinance or resolution provide a method for the sale or exchange of
personal property not needed in the City Service or not fit for the purpose for which intended,
and for the conveyance of title thereto.
Contracts for the sale of the products, commodities or services of any public utility owned,
controlled or operated by the City may be made by the manager of such utility or by the head
of the department or City Manager upon forms approved by the City Manager and at rates
fixed by the City Council.
The provisions of this Section shall not apply to the services rendered by any person in the
employ of the City at a regular salary.
Section 425 City Hall.
City Hall, including most administrative officers of the City, and the a dw,ini-,-+r-;#ivP- „ff,,.PI; „f
the r ty „f nim r+ Beach and Felate d P@Fl.mn .d 1-2.8-2
s a e locatedon ada�Tt ,1-CIGT-S
ef real preperty eWRed by the City ef NewpeFt Beach descri-hed as parr -P, 2 Af P;4rc-pl map Ne.
on_3691 in the City „f nie,^,peFt 6eaeI4 he parcel, whieh is bounded by Avocado Ave. on the
west, San Miguel Dr. on the north, and MacArthur Blvd. on the east, and the Newport Beach
Central Library on the south.(Added by aicneRdment effective -MaFeh--3, 2008)
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Article VI - Officers and Employees
No member of the City Council, department head or other officer of the City (except a
member of any board, e -r -commission, or committee), shall be financially interestedly
9r indiFer+'Y-, in any contract, sale or transaction made by them in their official City capacity.ts
•,hiel; the City is - aFtV
No member of any board, e -r -commission, or committee shall participate in any decision when
the member has a be-financialJy interested direcAl y eF iRdiFeetly, in any contract, sale or
transaction to which the City is a party and which comes before the board -e+ commission, or
committee of which such person is a member for approval or other official action. Ar +Eh
peoains te the department, effic:e eF ageRGy ef the City with vihie--h Sur -ch beapd ep G
Any contract, sale or transaction in which there shall be such ae financial interest, as specified
in this Section, shall become void at the election of the City when so declared by resolution of
the City Council.
No member of the City Council, department head or other officer of the City, or member of
any board, e -r -commission, or committee shall be deemed to be financially interested, within
the meaning of the foregoing provisions:; 1) 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 outstandine: and (2) if an exception under California Government Code Sections 1090 et
seg., or any successor statute, is applicable.
If any member of the City Council, department head or other officer of the City, or member of a
board, e -r -commission, or committee shall be financially interested as aforesaid, upon
conviction thereof he or she shall forfeit his or her office in addition to any other penalty which
may be imposed for such violation of this Charter. (As aw,eRded h
PeeembeF 20, 2010)
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Article VII - Appointive Boards and Commissions
The Planning Commission shall have the power and may be required to:
a) After a public hearing thereon, recommended to the City Council the adoption,
amendment 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 ^repesed p -blie v4erks -,rd f^r
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.
There shall be a Board of Library Trustees consisting of five members which shall have the
power and-dutyto:
a) Advise the City Council, Library Director, and City Manager as to the administration of
City libraries.
as may be necessary therefer.
b) Des+g R a tei ter secretary.
e).�LConsider the annual budget for library purposes during the process of its preparation
and make recommendations with respect thereto to the City Council and City Manager.
Make recommendations to the Library Director regarding the Rpurchase and acquisition
of aequ+re books, journals, maps, publications and other supplies peculiar to the needs of
the library.�e subject, however, e +gym budget sere
_ rte ta-t+et�� emu
e}d) Make recommendations to the City Manager regarding the Approve ^r disappFe„^ the
appointment, suspension or removal of the Library+a-R Director, who shall be the
department head.
4elAccept money, personal property or real estate donated to the City for library purposes,
subject to the approval of the City Council.
g}f) Make recommendations regarding proposed C -contracts with schools, county, or other
governmental agencies to render or receive library services or facilities, subject to the
approval of the City Council.
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There shall be a Parks, Beaches and Recreation Commission consisting of seven members.
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) CeRSideF the aRRual budget f9F paFks, beaehes,
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 amendmeRtS effeetiveApra! 74 1966 Rd
YRe c 1974
Article VIII - Civil Service System
The civil service system shall include all full time, regular and permanent positions or
employment on the Police and Fire Department of the City and may, by ordinance, include any
other appointive officers or positions in the service of the City except the following:
a) All elective officers.
b) City Manager, Assistant City Manager, if any, one executive assistant to the City Manager,
City Attorney, Assistant City Attorney, if any, City Clerk, Director of Finance, City Engineer,
all Department Heads, and Assistant Chiefs in the Police and Fire Departments.
c) All members of boards and commissions.
d) 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.
e) Persons employed to render professional, scientific, technical or expert service.
Persons who render part-time service without pay or who are paid on an hourly or per diem
basis.
f) New positions and/or employees not previously included within the civil service system that
are excluded by a vote of the City Council. This exclusion shall not apply to any employees
within the civil system at the time of the City Council vote.
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Article XI - Fiscal Administration
Section 1106 Purchasing.
Under the control and direction of the City Manager there shall be established a purchasing
system for all City departments and agencies, except as otherwise in this Charter provided.
Section 1116 Independent Audit. (changed from Green to Yellow)
The City Council shall employ at the beginning of each fiscal year, a qualified certified public
accountant who shall, at such time or times as may be specified by the City Council, and at such
other times as he shall determine, examine the books, records, inventories and reports of all
officers and employees who receive, handle or disburse public funds and of all such other
officers, employees or departments as the City Council may direct. As soon as practicable after
the end of the fiscal year, a final audit and report shall be submitted by such accountant to the
City Council, one copy thereof to be distributed to each member, one to the City Manager,
Director of Finance and City Attorney, respectively, and sufficient additional copies of the audit
shall be placed on file in the office of the City Clerk where they shall be available for inspection
by the general public, available on the City's website, and a summary hof the financial
statement as of the close of the fiscal year shall be published in the official newspaper as
required by California Government Code Section 40804, or any successor statute. (Section 1117
as amended effective January 20, 1959, and renumbered by amendment effective April 28,
1966)
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