HomeMy WebLinkAboutAtt D - Charter BackgroundAttachment D
City of Newport Beach
Charter History
Dates
Creation of the Newport
3/8/48
A petition with about 1,000 signatures was presented to Council for the submission to
the electors requesting an election for the purpose of electing a Board of Freeholders to
frame a proposed Charter for the City.
3/22/48
City Clerk certified the sufficiency of the petition.
5/17/48
Special Election conducted to select the 15 Board of Freeholders and to vote on the
Special Election
following question:
Shall a Board of Freeholders be elected to frame a proposed new Charter
for the City of Newport Beach?
5/18/48
City Clerk certified election results
Yes — 490 No — 62
Board of Freeholders consisted of:
John Allen Ralph Maskey
Isabelle Andrews J. B. McNally
J. A. Beek R. I. Patterson
Rex Brandt Mrs. J. W. Peyton, Jr.
Louis Briggs Jack Raub
Marion Dodd Earl Stanley
Braden Finch Roland Wright
Irvin G. Gordon
10/21/48
Board of Freeholders published an outline of the Tentative Draft Proposed Charter Under
Consideration (First Draft of the Charter).
They pointed out that the Charter constitutes the City's basic law and has the same
effect with respect to the City government as do the Federal and State Constitutions
with respect to the Federal and State governments.
11/22/48
Board of Freeholders Chair Finch spoke briefly stating that the provisions of the City
Charter were, in the opinion of the Freeholders, for the beset and considered interest of
the City. He outlined the Charter and presented it to Council.
Council announced that, following publication of the final Charter in the Newport -Balboa
Press, it would be placed on the Special Election ballot of February 8, 1949, as follows:
Shall the proposed Charter for the City of Newport Beach, as prepared by the
duly elected Board of Freeholders of said City and filed in the office of the City
Clerk on November 22, 1948, be adopted?
2/14/49
City Clerk certified the February 8, 1949 Special Election:
Yes — 1,174 No — 1,325
City of Newport Beach
unarter mistory
8/17/53 Council and City Attorney discussion ensued relative to who should draft a Charter,
Committee, Board of Freeholders.
10/13/53 City Clerk received petition with1,333 signatures for the election of a Board of
Freeholders to draft a proposed Charter.
10/28/53 1 City Clerk certified the sufficiency of the petition.
12/22/53 Shall a Board of Freeholders be elected to frame a proposed Charter for the City of
Newport Beach?
Yes —1,214 No —148
Newport,,Beach ,�'req.,oldq%r Ivorn In
Long Seach Preae-Telegrem We ne=_day ec 53
Tt IRTEEN OF FIFTEEN FREEHOLDERS elected by ,Charles R. Priest.. City Coonan canvassed ballots
Newport beach residents to draft city charley take rind counted absentee veto. prior to s aring-ia
ooth offices Tuesday aft—on from City Clerk ce.emony ut which anti-Hsd oath wn= Lsed.
3/29/54 Board of Freeholders Chairman, J. Leslie Steffensen, presented five copies of the
proposed Charter to the City Council.
6/8/54 Shall the proposed Charter of the City of Newport Beach be adopted?
Consolidated Yes — 3,703 No — 864
Charter Issue
w/County's Results certified in Resolution No. 4260, adopted 7/26/54. The resolution also ordered
Primary Election the transmittal of the proposed charter to the legislature of the State of California for
approval.
9/13/54 A letter from Senator John Murdy, Jr. was ordered received which states that he was
having the Legislative Counsel prepare the required concurrent resolution for
introduction of the City's Charter
1/10/55 Council received telegram from Frank M. Jordan, Secretary of State, notifying Council
that the City Charter had become effective at 3:00 p.m. on 1/7/55. Council also
received a letter from Senator John A. Murdy, Jr., stating that the State Senate had
ratified the Charter on January 6th. A copy of Assembly Concurrent Resolution No. 1,
being the City Charter, together with the Secretary of State's certificate of transcript and
filing, also was received.
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Charter History
3/15/55 Proposition No. 1 (Appropriation to Chamber of Commerce) - Failed
General Shall Section 2601.1 be added to the Municipal Code of the City of Newport Beach,
Municipal providing that the amount of the funds which the City Council may appropriate for use
Election by the local Chamber of Commerce for the promotion, publicity, advertising and
entertainment purposes for the benefit of the City remain in the discretion of said City
Council?
Yes —1,425 No — 2,111
Proposition No 2 (Amount to Appropriate to Chamber of Commerce) - Passed
Shall Ordinance No. 743, referred to in initiative petition as "Ordinance A," providing as
follows:
"The funds which the City Council may in its discretion appropriate to the local
Chamber of Commerce for promotion, publicity, advertising, and entertainment
purposes for the benefit of the City shall be limited to the sum of Two Thousand Four
Hundred ($2,400.00) annually", be adopted?
Yes — 2,185 No —1,294
Proposition No. 3 (Amount to Appropriate to Chamber of Commerce) - Failed
Shall Ordinance No. 744, referred to in initiative petition as "Ordinance B," providing as
follows:
"Section 1. The funds which the City Council may in its discretion appropriate to
the local Chamber of Commerce for promotion, publicity, advertising, and entertainment
purposes for the benefit of the City shall be limited to the sum of Twenty -Five Thousand
Dollars ($25,000.00) annually.
Section 2. This Ordinance shall become effective only in the event that the total
vote cast in favor of this Ordinance shall exceed the total vote cast in favor of Ordinance
"A" submitted concurrently herewith", be adopted?
Yes — 331 No — 3,067
Proposition No. 4 (Boards or Commissions) - Passed
Charter Amendment No. 1: Shall Section 702 of the Charter be amended to
read as follows:
"Section 702. Appointments, Terms. The members of each of such boards or
commissions shall be appointed by the City Council from the qualified electors of the
City, none of whom shall hold any paid office or employment in the City government.
They shall be subject to removal by motion of the City Council adopted by at least four
affirmative votes. The members thereof shall serve for a term of four years and until
their
respective successors are appointed and qualified.
"The members first appointed to such boards and commissions shall so classify
themselves by lot that the term of one of each of their number shall expire each
succeeding July First. Where the total number of members of a board or commission to
be appointed exceeds four, the classification by lot shall provide for the pairing of terms
to such an extent as is necessary in order that the terms of at least one and not more
than three shall expire in each succeeding year. Thereafter, any appointment to fill an
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Charter History
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unexpired term shall be for such unexpired period."?
Yes — 2,829 No — 409
Proposition No. 5 (Planning Commission) - Passed
Charter Amendment No. 2: Shall Section 706 of the Charter be amended to read as
follows:
"Section 706. Planning Commission. Members. There shall be a Planning
Commission consisting of nine members. The City Engineer and City Attorney, or their
assistants, shall meet with and participate in the discussions of the Planning Commission
but shall not have a vote."?
Yes — 2,927 No — 379
12/6/55
Proposed Charter Amendment (Elective Officers) - Failed
Special
Shall the proposed Charter Amendment amending the first paragraph of Section 400 of
Municipal
the Charter of the City of Newport Beach, to read as follows:
Election
"Section 400. Elective Officers. The elective officers of the City shall consist of a
City Council of seven members. Candidates for City Council shall be nominated
from and by the electors of each of the seven districts referred to in Article X of
this Charter, and one shall be elected from each of such districts by the voters of
the district nominating such candidates at the times and in the manner provided
in this Charter. They shall serve for a term of four years and until their respective
successors are elected and qualified, " be ratified?
Yes — 957 No —1,832
4/10/56
Proposed Charter Amendment No. 1 (Bay Front Land) - Passed
General
Shall Section 1402 of the Charter of the City of Newport Beach be amended by adding
Municipal
the following paragraph?
Election
"There shall be reserved forever to the people the public use of a strip of bay
front land above mean high tide not less than 85 feet in depth of the city -owned
water front property bounded on the west by the southeasterly line of
Nineteenth Street and bounded on the east by a line parallel thereto lying
349.90 feet northwesterly of the northwesterly line of Fifteenth Street, said
frontage to be bay front frontage."
Yes — 2,852 No — 973
Proposed Charter Amendment No. 2 (City Council Compensation) - Failed
Shall Section 402 of the Charter of the City of Newport Beach be amended to read as
follows?
"Section 402. Compensation. Each member of the City Council shall receive as
compensation for his services the sum of Two Hundred Dollars per month,
except the member selected as Mayor who shall receive as compensation for his
services the sum of Three Hundred Dollars per month. Absence of a member of
the City Council from all regular and special meetings of the Council during any
calendar month shall render such member ineligible to receive such sum for such
calendar month. In addition, members of the City Council shall receive
reimbursement on order of the City Council for council authorized traveling and
other expenses when on official duty."
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Charter History
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Yes — 786 No — 3,041
4/8/58
Proposed Charter Amendment No. 1 (City Name Change) - Failed
General
Shall the title, the Preamble and Sections 100, 101, 413, 1006, 1008, 1009, 1011, 1012,
Municipal
1400 and 1401 of the Charter be name of the city from City of Newport Beach to City
Election
effective upon ratification by the Legislature?
Yes — 2,841 No — 3,030
Proposed Charter Amendment No. 2 (City Council Qualifications) - Passed
Shall Section 401 of the Charter be amended to provide that a person, in order to be
eligible to hold office as a member of the City Council, must have been a qualified elector
of his district for one year and a registered qualified elector of the City for three years
immediately preceding his nomination or appointment?
Yes — 4,767 No — 974
Proposed Charter Amendment No. 3 (City Council Out -of -Pocket Expenditures) - Passed
Shall Section 402 of the Charter be amended to increase the reimbursement to members
of the City Council for out-of-pocket expenditures and costs from Fifty to One Hundred
Dollars per month?
Yes — 2,932 No — 2,735
Proposed Charter Amendment No. 4 (Oil Well Drilling) - Passed
Shall the first paragraph of Section 1401 of the Charter be amended to read:
"Section 1401. Oil Well Drilling. No drilling for, exploration work of any kind,
production or refining of, oil, gas or other hydrocarbon substances shall be
permitted within that area of the City of Newport Beach as such limits exist as of
the effective date of this Charter. The prohibitions shall include the City of
Newport Beach." (If Charter Amendment Number One is approved, Newport
Beach shall be Newport Harbor.)
Yes — 4,607 No — 1,188
6/2/59
Proposed Charter Amendment (Fee for Garbage, Refuse and Cuttings) - Passed
Special
Shall the ordinance requiring the cost and expense of collecting, hauling away and
Municipal
disposal of garbage, refuse and cuttings to be defrayed exclusively from the ad valorem
Election
tax revenues of the City of Newport Beach be adopted?
Yes — 3,573 No —1,001
4/12/60
Proposed Charter Amendment No. 1 (Sale of Rivo Alto Canal Property) - Passed
General
Shall the Charter be amended to add Section 1402 (a) to permit the City Council to sell
Municipal
and convey that parcel of City property fronting on the Rivo Alto Canal consisting of Lot
Election
4, Block 434, Canal Section, Newport Beach?
Yes — 3,320 No —1,652
Proposed Charter Amendment No. 2 (Sale of City Property on Newport Bay) - Passed
Shall the Charter be amended to add Section 1402 (b) to permit the City Council to sell
and convey that parcel of City property fronting on Newport Bay lying easterly of
Newport Boulevard and southerly of 26th Street, being a portion of Blocks 222 and 223,
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as shown upon a map of Section "A", Newport Bath, recorded in Book 4, page 21, of
Miscellaneous Maps, Records of Orange County, California?
Yes — 3,093 No —1,855
4/10/62
Proposed Charter Amendment (NEMC) — Passed
General
Shall Section 415. of the Charter be amended, to confirm the authority of the City to
Municipal
revise, recompile, recodify and index the Newport Beach Municipal Code and adopt the
Election
same by reference by the passage of an ordinance for that purpose?
Yes — 4,094 No — 2,057
4/14/64 General
Proposed Charter Amendment No. 1 (Service on Council after Redistricting) - Passed
Municipal
Shall Section 1005 of the Charter be amended to assure that no Councilman will be
Election
disqualified from serving as Councilman from his district for the remainder of the period
of time for which he was elected or appointed because of redistricting?
Yes — 6,529 No — 777
Proposed Charter Amendment No. 2 (Sale of Bay Avenue Property) - Passed
Shall the Charter be amended to add Section1402 (c) to authorize the City Council to sell
and convey that parcel of City -owned real property, on the south side of Bay Avenue
between 18th and 19th Streets described as follows, to wit: Lot 6, Block 218, as shown
upon a map of Section "B", Newport Beach, recorded in Miscellaneous Maps, Book 4,
page 27, Records of Orange County, California, together with a portion of Lot 4,
Section33, Township 6 South, Range 10 West, S. B. B. & M., bounded on the south by
the northerly line of said Lot 6, on the north by the easterly extension of the northerly
line of Lot 4 in said Block 218, on the east by the northerly prolongation of the easterly
line of said Lot 6, and on the west by the easterly lines of Lots 3 and 4 of said Block 218?
Yes — 5,770 No — 1,379
4/12/66
Charter Amendment No. 1 (Increases Council Expense Allowance) - Passed
General
Yes — 3,556 No — 3,021
Municipal
Election
Charter Amendment No. 2 (Increases Additional Expense Allowance to Mayor) - Passed
Yes — 3,888 No — 2,647
Charter Amendment No. 3 (Provides for Prosecution of State Misdemeanor Offices by
City Attorney) - Passed
Yes — 5,206 No —1,099
Charter Amendment No. 4 (Extends Prohibitions Against Nepotism to Civil Service
Employees) - Passed
Yes — 3,969 No — 2,252
Charter Amendment No. 5 (Adds Planning Director as Advisor to Planning Commission
and Reduces Size of Planning Commission) - Passed
Yes — 5,543 No — 799
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Charter Amendment No. 3 (Changes Title of Head of the Parks, Beaches and Recreation
Department) - Passed
Yes — 5,391 No — 843
Charter Amendment No. 7 (Deletes Description of Councilmanic Districts from the
Charter) - Passed
Yes — 5,257 No — 790
Charter Amendment No. 8 (Increases Maximum Library Tax Limit) - Passed
Yes — 3,682 No — 2,752
Charter Amendment No. 9 (Increases Minimum Dollar Amount of Public Works Contracts
Subject to Public Bid Requirements) - Passed
Yes — 3,971 No — 2,196
Charter Amendment No. 10 (Shortens Minimum Time for Publication of Notice for Public
Works Contracts ) - Passed
Yes — 4,405 No —1,762
Charter Amendment No. 11 (Changes Term "Capital Outlays" to "Capital Improvements")
- Passed
Yes — 4,916 No —1,162
Charter Amendment No. 12 (Changes Procedures for Filing Damage Claims Against the
City and Repeals Section Concerning Lawsuits Against the City) - Passed
Yes — 5,324 No — 776
Charter Amendment No. 13 (Authorizes Sale of City -owned Waterfront Property) -
Passed
Yes — 5,068 No —1,049
11/8/66
Proposed Charter Amendment — Passed
General
Shall the Charter be amended to add Section 1402(e) to permit the City Council to sell
Municipal
and convey that parcel of City property fronting on Newport Bay lying easterly of
Election
Newport Boulevard and southerly of 26th Street, being a portion of Lot 2 in Section 33,
Township 6 South, Range 10 West, of the San Bernardino meridian, lying northeasterly of
the northeasterly line of Blocks 222 and 223 in Section A, Newport Beach, as per map
recorded in Book 4, page 21, of Miscellaneous Maps, Records of Orange County,
California?
Yes —14,289 No — 2,989
4/9/68
Charter Amendment No. 1 (Decreases the District Residence Requirement for Eligibility
General
for Council Seat) - Passed
Municipal
Shall Section 401 of the Charter, requiring that to be eligible to hold office as a member
Election
of the City Council a person shall have been a qualified elector of the district from which
he is nominated or appointed for at least one year immediately preceding his
nomination or appointment, be amended to change the one-year requirement to ninety
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days?
Yes — 4,103 No — 3,671
Charter Amendment No. 2 (Authorizes Payment of Expense Allowances to Members of
City Boards and Commissions) - Failed
Shall Section 705 of the Charter be amended to authorize the City Council to provide by
ordinance for payment of an allowance of not to exceed Fifty Dollars in any month to
members of City boards or commissions established by the Charter to defray out-of-
pocket costs?
Yes — 2,629 No — 5,076
Charter Amendment No. 3 (Changes Eligibility Requirement for Signers of Council
Nominating Petitions) - Passed
Shall Section 1004 of the Charter be amended to provide that to be eligible to sign a
petition nominating a person to the office of Councilman the signer must be a registered
voter instead of merely an elector of the district from which such person is to be
nominated?
Yes — 6,448 No —1,168
Charter Amendment No. 4 (Restricts Time for Changing Boundaries of Council Districts) -
Passed
Shall Section 1005 of the Charter be amended to prohibit the adoption of any ordinance
changing and redefining the boundaries of any Councilmanic district within six months
prior to any regular Councilmanic election?
Yes — 6,166 No —1,435
3/9/71
Charter Amendment — Passed
Special
Shall the Charter be amended to Add Section 422 to require that the city council shall
Municipal
not enter into any contract with the State of California, or any of its agencies, for the
Election
construction of a freeway or the closure of any City street to accommodate a freeway
without first obtaining the approval of a majority of the voters of the City at a general or
special election?
Yes —10,914 No — 2,333
4/9/74
Proposition No. 1 (Charter Amendment Update to Bring it Into Conformity with Existing
General
Laws) - Passed
Municipal
Shall Proposition 1, which amends, deletes and updates certain sections of the City
Election
Charter to bring it into conformity with existing laws and to eliminate duplication and
conflict, be ratified?
Yes — 6,791 No —1,223
Proposition No. 2 (Council Reimbursement for Expenses) - Passed
Shall Proposition 2, which amends certain sections of the City Charter pertaining to the
maximum amounts allowed as reimbursement for expenses incurred by the Mayor and
Councilmen; authorizing the City Council to fix an amount as reimbursement for
expenses for members of boards and commissions; and delegating authority to the City
Council to adjust said maximum amounts based on the Consumer Price Index, be
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ratified?
Yes — 4,963 No — 2,394
Proposition No. 3 (Contract or Lease of Property to 55 from 25 Years) - Failed
Shall Proposition 3, which ends Section 420 of the City Charter to authorize the City
Council to enter into contracts or lease property for a period of 55 years instead of 25
years, subject to certain restrictions, be ratified?
Yes — 2,614 No — 4,477
Proposition No. 4 (Increase Total Amount of Expenditures on Public Works Contracts) —
Passed
Shall Proposition 4, which amends Section 1110 of the City Charter to increase from
$5,000 to $12,000 the total amount of expenditures on public works contracts required
to be let by the City Council, to conform with increased construction costs, be ratified?
Yes — 5,319 No — 2,419
Proposition No. 5 (Sale of Waterfront Property) — Failed
Shall Proposition 5, which amends Section 1402 of the City Charter to permit the sale of
waterfront property upon prior voter approval, be ratified?
Yes — 3,011 No — 5,653
11/6/84
Measure L (Date of Newly -Elected Councilmembers) — Passed
General
Shall the City Charter of the City of Newport Beach be amended to change the date on
Municipal
which the term of a newly elected Councilmember commences from January 1st to the
Election
date on which the Council receives certification of election results?
Yes — 22,163 No — 7,997
Measure M (Date in which the Mayor is Selected) — Passed
Should the City Charter of the City of Newport Beach be amended to change the date on
which the Mayor is selected from the first Tuesday following any General or Special
Municipal Election to the date on which newly elected Councilmembers are sworn and
qualified?
Yes — 22,340 No — 7,671
11/4/86 General
Measure C (Change Dollar Amount of Public Works Contracting Procedures) - Passed
Municipal
Shall the City Charter of the City of Newport Beach be amended to change the dollar
Election
amount of work requiring formal public works contracting procedures from the present
$12,000 to $30,000?
Yes —13,353 No —10,037
11/3/92 General
Measure M (Lease of City Owned Property) - Passed
Municipal
Shall the Newport Beach City Charter be amended so the lease of City owned property is
Election
limited to the term permitted by State law?
Yes — 22,407 No — 121621
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Measure N (Sale of 4210 River Avenue) - Passed
Shall the Newport Beach City Charter be amended to grant the Council authority to sell
the property at 4210 River Avenue?
Yes — 22,217 No —12,927
Measure O (City Arts Commission Membership) - Passed
Shall the Newport Beach City Charter be amended so that the number of members of
the City Arts Commission is determined by ordinance or resolution?
Yes — 21,573 No —11,805
Measure P (Two Term Limit on Office of City Council) - Passed
Shall the Newport Beach City Charter be amended to establish a two term limit on the
Office of City Council?
Yes — 30,184 No — 6,746
11/8/94 General
Measure G (Composition and Duties of the Library Board of Trustees) — Failed
Municipal
Shall the Newport Beach City Charter be amended to modify the composition and duties
Election
of the Library Board of Trustees?
Yes —11,774 No —15,424
11/7/00
Measure S (Greenlight) - Passed
General
Shall the Charter be amended to add Section 423 to require voter approval of certain
Municipal
amendments to the Newport Beach General Plan?
Election
Yes — 21,355 No — 12,465
Measure T (Traffic Phasing Ordinance) - Failed
Shall the Charter be amended to add Section 423 to require voter approval of any
amendment or repeal of certain provisions of the Traffic Phasing Ordinance?
Yes — 11,641 No — 21,075
11/7/06
Measure W (Eminent Domain) — Passed
General
Shall the Charter be amended to add Section 424 to prohibit the City of Newport Beach
Municipal
and/or any City -Affiliated Agency from exercising the power of eminent domain to
Election
acquire real property for the sole purpose of transferring the property to another person
to further private economic development?
Yes — 22,517 No — 6,961
2/5/08 Special
Measure B (Location of City Hall) — Passed
Municipal
Shall the City of Newport Beach Charter be amended to require City Hall, city
Election
administrative offices and related parking to be located on City property which is
bounded by Avocado Avenue on the west, San Miguel Drive on the north, and
MacArthur Boulevard on the east, and Newport Beach Central Library on the south?
Yes —16,938 No —15,092
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