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RES-2013-110 RESOLUTION NO. 2013 - 1 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY JUNE 3, 2014 (OR SUCH LATER DATE AS PROVIDED HEREIN) AND ORDERING THE SUBMISSION OF PROPOSED AMENDMENTS TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT SAID ELECTION (MEASURE NO. — REQUIRE CITY COUNCIL MEMBERS BE FROM RESIDENCY DISTRICTS AND ELECTED AT LARGE) WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of California, Section 1303 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 requiring that City Council members be residents of a district, be nominated from and by electors of a district wherein they reside and be elected by the voters ofthe entire City at large; and WHEREAS, the City Council of the City of Anaheim is authorized by the California Constitution, the Anaheim City Charter, and by state statute to submit said proposed amendments to the Anaheim City Charter to the qualified electors of said City at said special municipal election to be held the same date as the June 3, 2014 statewide primary election: and WHEREAS, the Legislature of the State of California is currently considering amendments to state law that, if enacted would require most charter amendments proposed by the governing body of a city to be submitted to the voters at an established statewide general election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That, pursuant to Section 3 of Article XI ofthe California Constitution, Section 1303 of the Anaheim City Charter and Section 9255(b)(1) o f the Elections Code of the State o f California, there is called and ordered to he held in the City of Anaheim on Tuesday, June 3, 2014, a special municipal election for the purpose of submitting the following proposed Charter Amendment measure to the qualified voters of the City; provided, however, that if for any reason the proposed Charter Amendment measure is not submitted to the voters on June 3, 2014 (including, without limitation, because amendments to state law enacted after this Resolution's adoption prohibit the City Council from placing such measure on a statewide primary election ballot), then the proposed Charter Amendment measure shall be submitted to the voters at the November 4, 2014 statewide general election, which is also the general municipal election for the City of Anaheim: The full text of the proposed Charter Amendment measure (with additions to and deletions from the current Charter text indiratd thereon) is set forth on Attachment No. 1 attached hereto and incorporated herein by this reference as if set forth in full. Said proposed Charter Amendment measure shall appear upon the ballots for said municipal election in substantially the following form: MEASURE -- Yes REQUIRE CITY COUNCIL MEMBERS BE FROM RESIDENCY DISTRICTS AND ELECTED AT LARGE. Shall Charter Sections 500, 501 and 503 be amended and Section 500.1 be added to the Charter (i) requiring City Council members be residents of and nominated from No districts (but retaining City Council and Mayoral election by voters of the entire City at large), (ii) requiring the Council to establish residency districts and periodically adjust district boundaries, and (iii) making conforming amendments? SECTION 2. That the ballots to be used at the June 3, 2014 election (or at the November 4. 2014 election, if for any reason the Charter Amendment measure is not submitted to the voters at the June 3, 2014 election) shall be in a form and content required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies. equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously' until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That the notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in such time, form and manner as required by law. SECTION 7. That City staff are authorized and instructed to return to the City Council at a later date with a resolution requesting that the Orange County Board of Supervisors consolidate the special municipal election called in this resolution with the statewide primary election held on June 3, 2014 (or with the November 4, 2014 statewide general election, if for any reason the Charter Amendment measure is not submitted to the voters at the June 3, 2014 election), and such resolution shall be presented to the City Council in time sufficient under statute to timely request consolidation. SECTION 8. That City staff are authorized and instructed to review the City Charter for potential amendments that may be necessary or proper to conform other Charter provisions with the Charter Amendments proposed in this resolution and, if appropriate, bring an amendment of this resolution and the proposed Charter Amendment measure reflecting such conforming changes to the City Council for consideration in time sufficient under statute to place such measure before the voters at the municipal election called herein. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of Jul y , 2013. by the following roll call vote: AYES: Council Members Eastman, Murray, and Kring NOES: Mayor Tait, Council Member Brandman ABSENT: None ABSTAIN: None CITY OF A IM By MAYOR OF THE CITY OF ANAHEIM ATTESAII f 1414 i fL!. ► CITY CLERK OF THE CITY OF • NAHEIM 95906.3 Attachment No. 1 Full text of proposed Charter Amendment measure is on the following pages Attachment No. 1 to City Council Resolution re Residency District, At -Large Elections CHARTER AMENDMENT MEASURE — Section 1: TEXT OF AMENDMENTS TO ANAHEIM CITY CHARTER. The City Charter of the City of Anaheim is hereby amended as follows (underlining showing additions and ste -tom showing deletions): Section 500. CITY COUNCIL. TERMS. The elective officers of the City shall consist of a Mayor and four City Council members. Commencing with the aeneral municipal election of November 2014, or at the earliest general municipal election at which the residency Districts provided for in Section 500.1 may be implemented. the City Council members shall be residents of their respective Districts and shall be nominated from and by the electors of their respective Districts, as established pursuant to Section 500.1. One member of the City Council shall be elected from each such District by the voters of the entire City at lame. The Mayor shall be elected from by the voters of the entire City at large -and. The elective officers shall be elected at the times and in the manner provided in this Charter who and shall serve for a term of four years and until their respective successors qualify. The term "City Council," "legislative body," or other similar terms as used in this Charter or any other provision of law shall be deemed to refer to the collective body composed of the Mayor and four -City Council members unless such other provision of this charter or other provision of law expressly provides to the contrary or unless such interpretation would be clearly contrary to the intent and context of such other provision. ---fie Notwithstanding the second sentence in the first paragraph of this Section 500. the first sentence in the first paragraph or the first sentence in the third paragraph of Section 501. or the first sentence of the second paragraph of Section 503. the Mayor and members of the City Council in office at the time this Charter provision takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. —Tee Mayor and two members Recall proceedinas of the City Council shall be eleeted at members b- - . - . • : -2--. 199'shall be conducted at large. The Mayor shall be elected at the general municipal election held in November 2014, and each fourth year thereafter. Two members of the City Council shall be elected at the general municipal election held in November6 2014, or at the earliest general municipal election at which the electoral Districts provided for in Section 500.1 may be implemented. and each fourth year thereafter. Two members of the City Council shall be elected at the tlen municipal election held in November 2016, or at the next general municipal election after the veneral municipal election at which this provision is first implemented. and each fourth year thereafter. Ties in voting among candidates for office, including the office of the Mayor, shall be settled by the casting of lots. CAO- 95948.3 Section 500.1 RESIDENCY DISTRICTS. The City shall be divided into residency districts equal in number to the number of City Council members. exclusive of the Mayor (each such district a "District" and. collectively, "Districts"). The City Council shall. by ordinance or resolution adopted on or before July 8. 2014 or on or before July 8th of the year in which the earliest general municipal election at which the electoral Districts provided for in Section 500.1 may implemented). establish the names and respective boundaries of the Districts. and the transition plan. Said Districts shall be in compliance with applicable laws and such other pennissihle criteria as the City Council may specify by ordinance or resolution. Any Districts created by City Council resolution or ordinance that are adopted prior to the time this Section 500.1 becomes effective and that meet the foreuoina criteria. may be used in satisfaction of this provision. Followinti each decennial federal census. and at other such times the City Council by at least a two-thirds vote determines that a sufficient change in population has occurred, the City Council shall, by ordinance or resolution, adjust the boundaries of anv or all of the Districts of the City so . that the Districts shall be as nearly equal in population as may be possible. No ordinance or resolution authorized by this section that would change District boundaries created by a prior ordinance or resolution may be adopted within 180 days prior to the election of anv City Council member. Any territory annexed to or consolidated with the City shall, prior to or concurrently with completion of the proceedings therefor, be added to an adjacent District or Districts by the City Council by ordinance or resolution. which addition shall be effective upon completion of the annexation or consolidation ti roceedint s notwithstanding any other provision of the Charter to the contrary. Section 501. ELIGIBILITY. No person shall be eligible to hold office as the Mayor or a member of the City Council unless he or she is and shall have been a resident and qualified elector of the City and, with respect to members of the City Council. a resident and qualified elector of the District from which he or she is nominated or appointed at the time of and for the thirty -day period immediately preceding, filing of his or her nominating papers or such other equivalent declaration of candidacy as may be required or authorized by law, or at the time of, and for the thirty -day period immediately preceding, his or her appointment to such office. No employee of the City of Anaheim shall be eligible to hold office as the Mayor or as a member of the City Council. An employee of the City of Anaheim shall resign from such employment prior to being sworn into office as an elected or appointed member of the City Council or as the Mayor. If such employee does not resign his or her employment with the City prior to being sworn into office, such employment shall automatically terminate upon his or her being sworn into office. Every member of the City Council and candidate for member of the Citv Council shall be and remain a resident and qualified elector in the District from which he or she seeks office from the CA0- 95908.3 time of filing nomination papers or such other eauivalent declaration of candidacv as may be required or authorized by law. throuwhout the full term of his or her office, if elected or appointed in lieu of election. No creation of a District or change in the boundary or location of any District shall abolish or terminate the tern ofoffice of any City Council member prior to the expiration of the tern ofoffice for which the member was elected, notwithstandim2 any other provision of this Section. Section 500, Section 500.1 or Section 503. Section 503. VACANCIES A vacancy in the office of Mayor or on the City Council, from whatever cause arising, shall be filled by appointment by the City Council, such appointee to hold office until the first Tuesday following the next general municipal election and until his or her successor qualifies. An appointee to the office of Mayor or to the office of member of the City Council shall have the qualifications for that office as set forth in Section 501: provided, however. that the vacancy of City Council member nominated at lame maybe filled without regard to District residency, At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term. As used in this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect a successor. If the Mayor or a member of the City Council is absent from all regular meetings of the City Council for a period of thirty days consecutively from and after the last regular City Council meeting attended by such person, unless by permission of the City Council expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be an elector of the City, or (as to anv City Council member) ceases to be a resident and elector of his or her District, then his or her office shall become vacant. The City Council shall declare the existence of any such vacancy. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall cause an election to be held forthwith to fill such vacancy for the remainder of the unexpired term. Section 2: COMPETING MEASURES. COMPLEMENTARY MEASURES. If any other measure or measures related to the issues of the method of election of City Council members (including, without limitation, methods consisting of at -large election of Council members or election of Council members from residency districts only by voters of that district) and /or the size of the City Council appear on the same ballot as this Charter Amendment measure, then it is the intent of the voters that the following shall apply: (a) This Charter Amendment measure shall not be deemed to conflict with any measure or measures increasing the number of members of the City Council of the City of Anaheim that may be approved by a majority of the voters voting on such measure or measures at the same election. If this Charter Amendment measure and a measure increasing the number of members of the City Council of the City of Anaheim are approved by a majority of the voters voting at the CAO- 95908.3 same election, then this Charter Amendment measure shall be deemed to be complementary to the other measure and both this Charter Amendment and such other measure shall take effect. (b) In the event that this Charter Amendment measure and another measure or measures changing the method by which members of the City Council of the City of Anaheim are elected (for example but without limitation, a measure providing for the election of Council members from residency districts only by voters of that district) are approved by a majority of the voters voting at the same election, and this Charter Amendment measure receives a greater number of affirmative votes than any other such measure or measures, then such other measure or measures shall be deemed to be in conflict with this Charter Amendment measure, this Charter Amendment measure shall control in its entirety, and said other measure or measures changing the method by which members of the City Council of the City of Anaheim are elected shall be rendered void and without any legal effect. (c) Notwithstanding (a), in the event that this Charter Amendment measure changing the method by which members of the City Council of the City of Anaheim are elected and another measure or measures both (1) increasing the number of members of the City Council of the City of Anaheim and (2) changing the method by which members of the City Council of the City of Anaheim are elected are approved by a majority of the voters voting at the same election, and this Charter Amendment measure receives a greater number of affirmative votes than any other such measure or measures both (1) increasing the number of members of the City Council of the City of Anaheim and (2) changing the method by which members of the City Council are elected, then such other measure or measures shall be deemed to be in conflict with this Charter Amendment measure, this Charter Amendment measure shall control in its entirety. and said other measure or measures shall be rendered void and without any legal effect. Section 3: SEVERABILITY. It is the intent of the people that the provisions of this Charter Amendment measure are severable and that if any provision of this Charter Amendment measure, or the application thereof to any person or circumstance, is held invalid such invalidity shall not affect any other provision or application of this Charter Amendment measure which can be given effect without the invalid provision or application. Section 4: EFFECTIVE DATE. This Charter Amendment measure shall become effective in the manner allowed by law. CAO- 95908.3