HomeMy WebLinkAbout2009-22 - Adding Chapter 1.32 to the Newport Beach Municipal Code Clarifying Charter Provisions Pertaining to Eligibility for Election to the City Council of the City of Newport BeachORDINANCE NO. 2009 -22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
1.32 TO THE NEWPORT BEACH MUNICIPAL CODE
CLARIFYING CHARTER PROVISIONS PERTAINING TO
ELIGIBILITY FOR ELECTION TO THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH
The City Council of the City of Newport Beach finds and declares as follows
WHEREAS, on November 3rd, 1992, the City Council submitted to the voters of the City
of Newport Beach an amendment to Section 401 of the Charter of the City of Newport
Beach, creating a limit of two consecutive four -year terms for the office of City Council.
WHEREAS, the purpose of the ordinance codified in this chapter is to clarify the
provisions of Section 401 of the Charter of the City of Newport Beach that pertain to
term limits for the office of City Council and maintain the intent of the Charter provision.
WHEREAS, certain provisions of Section 401 of the Charter of the City of Newport
Beach related to the eligibility of members of the City Council who have served less
than two full consecutive terms are ambiguous, and it is to the benefit of the City that
this portion of Section 401 of the Charter of the City of Newport Beach be clarified by
ordinance.
NOW THEREFORE, the City Council of the City of Newport Beach, California HEREBY
ORDAINS as follows:
SECTION 1: Chapter 1.32 is hereby added to the Newport Beach Municipal
Code to read as follows:
Sections:
1.32.010 1 ntent.
1.32.020 Effect of Serving Partial Term.
Section 1.32.010 Intent.
The intent of this chapter is to clarify the provisions of Section 401 of the Charter of the
City of Newport Beach pertaining to term limits for the office of City Council. Provisions
of this ordinance are a clarification and declaration of existing charter provisions.
Section 1.32.020 Effect of Serving Partial Term.
A. Effect of leaving office prior to serving a four -year term. Any person elected to a
four -year term on the City Council who assumes office upon certification of the
election results by the City Clerk is deemed to have served his or her full term of
office for the purposes of determining eligibility to serve subsequent terms under
Charter Section 401. If a council member leaves office prior to the last day of
that term for any reason, he or she shall be deemed to have served a full four -
year term of office.
B. Effect of completing a partial vacated term. Any person elected or appointed to
serve less than four years of the remaining portion of a term of office vacated or
otherwise left vacant by a member of the City Council shall remain eligible to
serve two additional consecutive four -year terms of office on the City Council.
C. Effect of serving two consecutive terms. No person who serves two consecutive
four -year terms on the City Council shall be eligible to stand for election to
another term on the City Council until the consecutive nature of that member's
service has been broken by being out of office one four -year term.
SECTION: 2: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance and each
section, subsection, clause or phrase hereof, irrespective of the fact that any one to
more sections, subsections, sentences, clauses and phrases be declared unconsti-
tutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within fifteen (15) days after its adoption.
SECTION 4: This Ordinance was introduced at a regular meeting of the
City Council of the City of Newport Beach held on the 22nd day of September, 2009,
and adopted on the 13th day of October, 2009, by the following vote, to -wit:
AYES, COUNCILMEMBERS Henn, Rosansky, Curry, Webb, Gardner, Mayor Selich
NOES, COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS Daigle
Edward Selich
Mayor
ATTEST:
Approved as to Form:
Office of the City Attorney
By
David R. Hunt
City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby
certify that the whole number of members of the City Council is seven; that the foregoing ordinance,
being Ordinance No. 2009 -22 was duly and regularly introduced on the 22nd day of September, 2009,
and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly
held on the 13th day of October, 2009, and that the same was so passed and adopted by the following
vote, to wit:
Ayes: Henn, Curry, Rosansky, Webb, Gardner, Mayor Selich
Noes: None
Absent: Daigle
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 14th day of October, 2009.
(Seal)
� U VU 1
City Clerk ./
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify
that Ordinance No. 2009 -22 has been duly and regularly published according to law and the order of
the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of
general circulation on the following date, to wit: October 17, 2009. !J�
In witness whereof, I have hereunto subscribed my name this N day of 06 0
2009.
City Clerk
City of Newport Beach, Cdlifornia