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6295ORDINANCE NO. 6295 AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM ESTABLISHING REGULATIONS PERTAINING TO THE AUTHORING AND SIGNING OF, DELEGATION OF, AUTHORITY TO FILE, AND OTHER MATTERS RELATING TO BALLOT ARGUMENTS AND REBUTTAL ARGUMENTS WITH REGARD TO CHARTER AMENDMENT BALLOT MEASURES SUBMITTED TO THE VOTERS OF ANAHEIM AT THE NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION REQUIRING CITY COUNCIL MEMBERS (BUT NOT THE MAYOR) BE RESIDENTS OF AND ELECTED BY DISTRICTS AND INCREASING THE NUMBER OF CITY COUNCIL MEMBERS FROM FOUR TO SIX WHEREAS, the City of Anaheim is a charter city and, pursuant to Section 5(a) of Article XI of the California Constitution, the City has the power to make and enforce all ordinances and regulations with respect to municipal affairs, subject only to restrictions and limitations provided in the City Charter or the state Constitution; and WHEREAS, Charter Section 400 gives the City the power to make and enforce all laws and regulations with respect to municipal affairs subject only to restrictions in the Charter and the state Constitution. WHEREAS, Charter Section 505 vests all powers of the City in the City Council, except as otherwise provided in the Charter; and WHEREAS, Charter Section 1302 provides that all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections so far as the same are not in conflict with the Charter; and WHEREAS, California Elections Code Section 9281 authorizes a charter city to specify by ordinance regulations for the submission of arguments as to municipal ballot measures, including charter amendment measures, that are different from those provided in the Elections Code; and WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of California, Section 1302 of the Anaheim City Charter, and Section 9255(b)(1) of the Elections Code of the State of California, the City Council of the City of Anaheim desires to submit to the qualified electors of said City proposed amendments to the Charter of the City of Anaheim relating to the nomination and election of City Council members from the districts wherein they reside and only by the registered voters of such districts (the `By -District Elections Measure"); and 005568.00011 CAO -99794v5 11844670.1 WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of California, Section 1302 of the Anaheim City Charter, and Section 9255(b)(1) of the Elections Code of the State of California, the City Council of the City of Anaheim desires to submit to the qualified electors of said City proposed amendments to the Charter of the City of Anaheim that, if approved, would result in increasing the membership of the City Council from four (4), to six (6) (the "Increase Size of Council Measure"); and WHEREAS, California Elections Code Section 9282(b) provides that the City Council may authorize any member or members of the legislative body to file a written argument for or against a City measure; and WHEREAS, in Resolution No. 2014-017, the City Council authorized the following members of the City Council Tom Tait and Jordan Brandman to jointly file a ballot argument in favor of the By -District Elections Measure pursuant to Elections Code Section 9282(b) (the "By - District Authorization Resolution"); and WHEREAS, in Resolution No. 2014-018, the City Council authorized the Mayor and/or any City Council Member(s) to file an argument in favor of, or an argument against, the Increase Size of Council Measure pursuant to Elections Code Section 9282(b) (the "Increase Size Authorization Resolution"); and WHEREAS, unless otherwise altered by an ordinance adopted pursuant to Elections Code Section 9281, California Elections Code Section 9283 permits up to five signatures on a ballot argument; and WHEREAS, unless otherwise altered by an ordinance adopted pursuant to Elections Code Section 9281, California Elections Code Section 9287 establishes priorities for filing written arguments in favor of and against City measures; and WHEREAS, California Elections Code Section 9285 authorizes the City Council by majority vote to adopt a resolution authorizing the filing of rebuttal arguments to arguments submitted for or against City measures submitted at municipal elections, which the City Council did in the By -District Authorization Resolution and Increase Size Authorization Resolution. Such Elections Code Section also specifies other particulars as to the filing of rebuttal arguments that are generally applicable, unless otherwise altered by an ordinance adopted pursuant to Elections Code Section 9281; and WHEREAS, pursuant to Elections Code Section 9281, the City Council desires by adopting this Ordinance to establish specific regulations for the filing of arguments in favor of the By -District Elections Measure and arguments in favor of or against the Increase Size of Council Measure (collectively, the "Ballot Measures"), for the filing of rebuttal arguments regarding the Ballot Measures and for such other particulars as are provided in this Ordinance; and WHEREAS, this Ordinance shall apply solely to the Ballot Measures and solely to those matters expressly addressed in this Ordinance. Further, the provisions of this Ordinance shall 1 1844670.1 CAO -99794v5 11844670.1 expire automatically without further action by the City Council immediately following the conduct and certification of the November 4, 2014 general municipal election. This Ordinance is an exercise of the City's constitutional and plenary authority over the municipal affairs of the City relating to the establishment of regulations for the filing of arguments in favor of or against a ballot measure and in rebuttal to such arguments; this authority is exercised pursuant to California Elections Code section 9281. The City Council expressly finds and determines this uncodified Ordinance is not inconsistent with any express limitation or restriction in the City Charter or in state law. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. REGULATIONS PERTAINING TO CITY COUNCIL AUTHORIZED ARGUMENT IN FAVOR OF THE BY - DISTRICT ELECTIONS MEASURE AND REBUTTAL ARGUMENT IN RESPONSE TO ARGUMENT AGAINST THE BY -DISTRICT ELECTIONS MEASURE; CONDITIONAL DELEGATION OF AUTHORITY TO AUTHOR AND SIGN ARGUMENT IN FAVOR OF THE BY -DISTRICT ELECTIONS MEASURE; RESTRICTION ON USE OF OFFICIAL TITLES IN RELATION TO ARGUMENTS PERTAINING TO SUCH MEASURE (a) Limitation on Number of Authors/Signors of Argument in Favor of By -District Elections Measure Authorized by City Council; Prohibition on Delegation of Authority to File Said Ar ug ment: Pursuant to Elections Code Section 9282(b), the City Council in the By -District Authorization Resolution authorized only the following City Council members, Tom Tait and Jordan Brandman, to jointly prepare, author and file a written "argument in favor" of the By -District Elections Measure. The only authors' names and signatures appearing on an argument filed pursuant to this City Council authorization shall be those City Council members authorized in the aforementioned resolution. Notwithstanding the provisions of California Elections Code Section 9283, no other person's(s') and/or entity's(ies') name(s) and signature(s) shall appear as signer(s)/author(s) on such written argument authorized by the By -District Authorization Resolution. The City Council members authorized to author and file the Argument in Favor of the By -District Elections Measure shall not delegate their authority to author such argument to any other person(s) or entity(ies). (b) Limitation on Use of Official Title: Except for those City Council members authorized by the By -District Authorization Resolution to jointly author an argument in favor of the By -District Elections Measure (and applicable rebuttal argument, if any) prepared pursuant to such authorization, no City Council member (or the Mayor) shall use his or her title as a City Council member (or the Mayor) for identification purposes as an author and signor in the signature block of a ballot argument (as described in Elections Code section 9282) 005568.00011 CAO -99794v5 11844670.1 or rebuttal argument (as described in Elections Code section 9285) relating to the By -District Elections Measure. (c) Prohibition on Delegation of Rebuttal Argument by Authorized City Council Members: Notwithstanding the provisions of California Elections Code Section 9285, City Council members authorized by the City Council in the By -District Authorization Resolution to jointly prepare, author and file the argument in favor of the By -District Elections Measure shall not authorize any other person(s) and/or entity(ies) to prepare, submit, sign or file a rebuttal argument to the argument against the By -District Elections Measure. Except as provided in the By -District Authorization Resolution and in this Ordinance, the City Council shall neither authorize the filing of an argument in favor of or against the By -District Elections Ballot Measure, nor delegate the filing of a rebuttal argument to arguments filed in favor of or against the By -District Elections Ballot Measure. (d) Conditional Authorization for Specified Persons to Author Argument in Favor of By -District Elections Measure and Prohibition on Delegation of Authority to File Argument: Pursuant to Elections Code section 9281, in the event the City Council members authorized by the City Council in the By -District Authorization Resolution do not file an argument in favor of the By -District Elections Measure, and under no other circumstances, then the plaintiffs named in the matter of Moreno, et al., v. City of Anaheim, Orange County Superior Court Case No. 30-2012-00579998-CU-CR-CXC (namely, and exclusively, Jose Moreno, Amin David and Consuelo Garcia) are hereby authorized but are not obligated to jointly prepare, author and file one, and only one, written argument in favor of the By -District Elections Measure. If such argument authorized in the previous sentence complies with the regulations in this Ordinance and other provisions of state law not in conflict with this Ordinance, then such authorized argument will have the priority set forth in subsection "(f)" below notwithstanding the provisions of Elections Code section 9287. Should plaintiffs, pursuant to this authorization, jointly prepare, author and file an argument in favor of the By -District Elections Measure, under no circumstances shall plaintiffs, or any of them, delegate such authority to author the argument to any other person(s) or entity(ies). (e) Limitations on Authors/Signors for Conditional Authorization: Notwithstanding the provisions of California Elections Code Section 9283, the only authors'/signors' names authorized to appear on an argument filed pursuant to subsection (d) above, shall be Jose Moreno, Amin David and Consuelo Garcia; provided, however, that if the plaintiffs author and file the ballot argument in favor of the By -District Elections Measure pursuant to the authorization contained in subsection (d) above, then individual City Council members, in their personal capacities, may (but only if requested by the plaintiffs) also sign the plaintiffs' ballot argument. If individual City Council members sign the argument in favor of the By -District Elections Measure pursuant to this subsection, no City Council 005568.00011 CAO -99794v5 11844670.1 member (or the Mayor) shall use his or her title as a City Council member (or the Mayor) for identification purposes in the signature block of such ballot argument. In no event shall the number of signers/authors of such an argument filed pursuant to subsection (d) above exceed the number permitted by California Elections Code Section 9283. No other person's(s') or entity's(ies') name(s) and/or signature(s) shall appear as signers/authors of an argument filed pursuant to subsection (d) above. (f) Priority for Selection of Argument Authored Pursuant to Conditional Authorization for Printing in Ballot Pamphlet: Notwithstanding Elections Code Section 9287, in the event that the City Council members authorized by the By -District Authorization Resolution do not file an argument in favor of the By -District Elections Measure and plaintiffs do jointly file an argument in favor of the By -District Elections Measure, pursuant to authorization in subsection (d) above, then such argument jointly filed by plaintiffs shall have priority over arguments filed pursuant to subdivisions (b), (c) and (d) of Elections Code Section 9287. This Ordinance does not require that plaintiffs jointly file a ballot argument; however, priority established in this subsection (f) for an argument submitted pursuant to subsection (d) above shall only be given to the plaintiffs if, and only if, plaintiffs comply with this Ordinance and other provisions of state law not in conflict with this Ordinance. In all other circumstances, should the plaintiffs (either individually or collectively) file ballot arguments that do not meet the requirements of this Ordinance, then the priority provisions of Elections Code section 9287 shall apply. (g) Prohibition on Delegation of Rebuttal Argument by Plaintiff(s) or Other Sign, er(s): Notwithstanding the provisions of California Elections Code Section 9285, in the event plaintiffs author and file an argument in favor of the By -District Elections Measure pursuant to the authorization contained in subsection (d) above, then no plaintiff(s), or City Council member(s) who choose(s) to sign the argument pursuant to subsection (e) above, shall authorize any other person(s) and/or entity(ies) to prepare, submit, sign, or file a rebuttal argument to the argument against the By -District Elections Measure. In the event plaintiffs author and file an argument in favor of the By -District Elections Measure, the only persons authorized to file a rebuttal argument in response to an argument against the By -District Elections Measure shall be plaintiffs jointly, except as provided in this subsection. If the plaintiffs file a rebuttal argument to the argument against the By -District Elections Measure, then individual City Council members (or the Mayor), in their personal capacities, may (but only if requested by the plaintiffs) also sign the plaintiffs' rebuttal ballot argument. If individual City Council members (or the Mayor) sign plaintiffs' rebuttal argument pursuant to this subsection, no City Council member (or the Mayor) shall use his or her title as a City Council member (or the Mayor) for identification purposes in the signature block of such rebuttal argument. In no event shall the number of 005568.00011 CAO -99794v5 11844670.1 signers/authors of such an argument filed pursuant to this subsection exceed the number permitted by California Elections Code Section 9283. SECTION 2. REGULATIONS CONCERNING ARGUMENTS IN FAVOR OF OR AGAINST INCREASE SIZE OF COUNCIL MEASURE AND REBUTTAL ARGUMENTS THERETO (a) Limitation on Number of Authors/Signers for Arguments Authorized by City Council: Pursuant to Elections Code Section 9282(b), the Increase Size Authorization Resolution authorized the Mayor and/or City Council members, or any of them, to prepare, author and file a written argument in favor of, or against, the Increase Size of Council Measure. Notwithstanding the provisions of California Elections Code Section 9283, the only authors' names and signatures appearing on an argument filed pursuant to this authorization shall be those of the Mayor and/or City Council members. Notwithstanding the provisions of California Elections Code Section 9283, no other person's(s') and/or entity's(ies') name(s) and/or signature(s) shall appear as author(s)/signor(s) in such written arguments filed by the Mayor and/or Council Members pursuant to the Increase Size Authorization Resolution. (b) Prohibition on Delegation of Rebuttal Argument: Notwithstanding the provisions of California Elections Code Section 9285, the Mayor and/or City Council members authorized to prepare, author and file arguments in favor of, or against, the Increase Size of Council Measure shall not authorize any other person(s) and/or entity(ies) to prepare, submit, or sign a rebuttal argument authorized in the Increase Size Authorization Resolution. SECTION 3. ORDINANCE TERMINATION; SUNSET PROVISION The provisions of this Ordinance shall only apply to the Ballot Measures described in this Ordinance being considered at the general municipal election to be held in the City of Anaheim on November 4, 2014. Immediately following the conduct and certification of the November 4, 2014 general municipal election, this Ordinance shall be void, and of no further force or effect. SECTION 4. COMPLIANCE WITH CEQA The City Council finds that this Ordinance relates exclusively to the organizational or administrative activities of the City and the conduct of its elections and will not result in direct or indirect changes in the environment. Therefore, the City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. Further, and additionally, the City Council finds this Ordinance to be categorically exempt 005568.00011 CAO -99794v5 11844670.1 pursuant to Section 15320 of the CEQA Guidelines (Class 20, changes in organization of local government agencies) because the changes do not change the geographical area in which the previously existing powers of the City are exercised. SECTION 5. CERTIFICATION; EFFECTIVE DATE OF ORDINANCE The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim, and thirty (30) days from and after its final passage, it shall take effect and be in full force. SECTION 6. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this uncodified Ordinance hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 4th day of February , 2014, and thereafter passed and adopted at a regular meeting of said City Council held on the 18th day of February, 2014, by the following roll call vote: AYE: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY OFA EIM By: 7-r'" MAYOR OF THE 6TY OF ANAHEIM ATTEST: By: CITY CLERK OF THE CITY OF ANAHEIM 005568.00011 CAO -99794v5 11844670.1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6295 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 4th day of February, 2014, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of February, 2014, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of February, 2014. (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6295 and was published in the Anaheim Bulletin on the 27th day of February, 2014. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) E AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 27, 2014 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 27, 2014 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION • Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF 0` ORDINANCE NO. E6295 95 E CITY OF ANAHEIM'ES-' ABLISH NDGFIREGULATIONS PERTOF AININ TO THE AUTHOR- ING AND O HEIR GNING MATTERS RELATING TDELEGATIONO BALLOT ARGUMENTAUTHRITY TO S AND REBUTTAL ARGUMENTS WITH REGARD TO CHARTER AMENDMENT BALLOT MEASURES SUBMITTED TO THE VOT- ERS OF ANAHEIM AT THE NOVEMBER 4, 2014 GENERAL MU- NICIPAL ELECTION REQUIRING CITY COUNCIL MEMBERS TUT NOT THE MAYOR) BE RESIDENTS OF AND ELECTED BY STRICTS AND INCREASING THE NUMBER OF CITY COUN- -CIL MEMBERS FROM FOUR TO SIX This ordinance promulggates regulations for the filing of written arguments and rebuttal ar- guments in support of. fly -proposed ballot measures proposing amendments to the Char- ter of the City of Anaheim that will be submitted to the electors of the City at the November 4, 2014 general municipal election. Specifically, pursuant to California Elections Code Sec- tion 9281, this ordinance establishes regulations for the filing of arguments and rebuttal ar- guments concerning two City -proposed amendments'to the Charter of the City of Anaheim that, if approved, would, respectively: (i) require the nomination and election of City Coun- cil members from the districts wherein they reside and only by the registered voters of such districts (the "By-Dkilrict Elections Measure"); and (ii increase the membership of the City Council from four (4) to six (6) (the "Increase Size of Council Measure"). With respect to the By -District Election Measure, this ordinance establishes regulations: i) specifying the membbrs of the City Council who are authorized to prepare and file a written argument in favor of that Measure, prohibiting other persons and entities from appearin on said argument, and prohibiting delegation of the authority to author said argument; il� specifying under what circumstances Council members can use their official titles for iden- tification purposes as authors or signers of said ballot argument or any rebuttal argument; iii) prohibiting Council members authorized to file said ballot argument from delegating their authority to file a rebuttal argument; iv) providing that certain; specified individuals, and no others, shall be permitted to file a written argument in favor of the By -District Elec- tion Measure if the authorized Council members do not do so, establishing ppriorities for, and limitations on, who may sign said argument, and prohibiting these specs led individu- als from delegating their authority to file a rebuttal argument to the argument against the By -District Election Measure. With respect to the Increase Size of Council Measure, this ordinance establishes regula- tions specifying the members of the City Council who are authorized to prepare and file written argument(s) in favor of that Measure, limiting whose names and signatures may ap- pear on said argument(s), and prohibiting Council members authonzed to file. said Measure.argumen(s) from delegating their authority to file rebuttal argument(s) related to that This ordinance only applies to the By -District Elections Measure and the Increase Size of Council Measure being considered at the general municipal election to be held in the City of Anaheim on November 4, 2014, and, following the certification of that election, shall be void and of no further force or effect. I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6295 which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 4th day of February, 2014 and was duly passed and adopted at a regular meeting -of said Council on the 18th day of February, 2014 by the following roll call vote of the members thereof: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring. NOES: None ABSENT: None' ABSTAIN: None The above summary is a brief description of the subject matter contained in the text of Or- dinance No. 6295, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordi- nance and should not be relied on as a substitute for the full text of the,ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. Publish: Anaheim Bulletin February 27, 2014 9841144