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RES-2014-027RESOLUTION NO. 2014 - 027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, AUTHORIZING MEMBERS OF THE CITY COUNCIL TO AUTHOR AND FILE WRITTEN ARGUMENTS AND SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES TO BE SUBMITTED TO THE ELECTORS OF THE CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON JUNE 3, 2014, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES OF SUCH MEASURES WHEREAS, a special municipal election is to be held in the City of Anaheim, California, on June 3, 2014, at which election there will be submitted to the electors of the City three (3) ballot measures proposing amendments to the Charter of the City of Anaheim; and WHEREAS, Section 1302 of the Charter of the City of Anaheim and Section 9282 of the Elections Code of the State of California authorize the filing of written arguments for or against a City measure and for the City elections official to enclose a printed copy of such arguments with the sample ballot provided to the electors of the City; and WHEREAS, California Elections Code Section 9287 establishes priorities for filing written arguments in favor of and against City measures; and WHEREAS, the City Council desires to authorize the filing of written arguments for and against the adoption of the following three (3) ballot measures proposing amendments to the City Charter by the Mayor and /or other members of the City Council in accordance with Elections Code section 9282(b): Measure No. 1: MEASURE Yes No VARIOUS CITY CHARTER AMENDMENTS. Shall the Charter be amended to: update and /or remove outdated language, align language with state law; allow combining offices of Treasurer and Finance Director; adjust matters regarding boards/ commissions; authorize financial documents' availability in non -print format; address methods of setting City Manager's compensation; permit delegating Treasurer's appointment to City Manager; clarify and validate application of utility rate transfer to retail rates; and authorize methods for sale of municipal property? Measure No. 2: MEASURE Yes No CHANGE TO TERM OF OFFICE -- MAYOR. Shall Anaheim City Charter Sections 500 and 504 be amended to change the term of office of the Mayor from four years to two years, and to clarify how "eight years of service" is determined for the purpose of calculating term limits for someone serving as Mayor by also by amending Section 503.5? Measure No. 4: MEASURE Yes No SAFE AND SANE FIREWORKS. Shall Anaheim City Charter Section 1214 be added to permit the sale, possession and use of safe and sane fireworks in the City of Anaheim if such activities comply with restrictions and regulations adopted by City Council ordinance? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 That Elections Code section 9282(b) permits the City Council to authorize members of the City Council to file a written argument for or against any City measure, including proposed Charter amendment measures. Pursuant to Elections Code section 9282(b), the City Council hereby authorizes the Mayor and /or City Council members to prepare and file written arguments in favor of or against any or all of the proposed Charter amendment measures described above, and to change the arguments for or against such City measures. SECTION 2 That, in accordance with Section 9283 of the Elections Code, the printed names and signatures of not more than five authors shall appear with any argument submitted in accordance with this resolution. SECTION 3 That, in accordance with Section 9282 of the Elections Code, any written argument in favor of or against any of the proposed Charter amendment measures described above shall not exceed 300 words. q'PCTTC)NJ a That, pursuant to Elections Code section 9287, in the event more than one argument for or against any of the proposed Charter amendment measures described above is submitted to the City Clerk within the time prescribed, the City Clerk shall select one of the arguments in favor and one of the arguments against the proposed measure for printing and distribution to the voters. In selecting the argument, the City Clerk shall give preference and priority, in the order named, to the arguments of the following: (a) The Mayor and /or members of the City Council; (b) The individual voters, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure; (c) Bona fide associations of citizens; and (d) Individual voter(s) who are eligible to vote on the measure. That if more than one argument in favor of or more than one argument against a proposed Charter amendment measure are timely submitted to the City Clerk and such arguments for or against the proposed measure, respectively, are authored by individuals and /or associations within the same priority group identified in items (a) through (d) above, then the City Clerk shall give preference and priority to the argument initially filed with the City Clerk first in time. That, in accordance with California Elections Code section 9286(b), the deadline for filing (and changing or withdrawing) arguments for or against any of the proposed Charter amendment measures described above with the City Clerk shall be not later than 5:00 p.m. on February 28, 2014. 3 SECTION 5 Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the proposed Charter amendment measures described above to the City Attorney. The City Attorney shall prepare an impartial analysis of each of the measures, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk by no later than 5:00 p.m. on February 28, 2014. SECTION 6 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 this4thday of Feb , 2014, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTA1N:None CITY O AHE By MAYOR OF THE bTY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 99773v.2