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.
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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.