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RES-2014-018RESOLUTION NO. 2014 - 018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REPEALING CITY COUNCIL RESOLUTION NO. 2013-109; CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY NOVEMBER 4, 2014; ORDERING THE SUBMISSION OF PROPOSED AMENDMENTS TO THE CITY CHARTER TO THE QUALIFIED ELECTORS OF SAID CITY AT SAID GENERAL MUNICIPAL ELECTION (MEASURE NO. M — INCREASE CITY COUNCIL MEMBERS TO SIX); REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; AUTHORIZING MEMBERS OF THE CITY COUNCIL TO AUTHOR AND FILE WRITTEN ARGUMENTS IN FAVOR OF OR AGAINST THE AFOREMENTIONED CHARTER AMENDMENT MEASURE AND ESTABLISHING PRIORITIES FOR FILING WRITTEN ARGUMENTS; PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS REGARDING THE AFOREMENTIONED CHARTER AMENDMENT MEASURE; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN I_MPARTIAL ANALYSIS OF THE CHARTER AMENDMENT MEASURE WHEREAS, the City Council previously adopted City Council Resolution No. 2013- 109, which called a special :municipal election on June 3, 2014 and ordered the placement of proposed amendments to the charter of the City of Anaheim (relating to increasing the number of City Council members from lour to six) on the ballot at said special. election; and WHEREAS, the City Council now desires to move the election called by Resolution No. 2013-109 and, rather, have, the proposed Charter amendment measure considered by the voters at the general municipal electron scheduled for November 4, 2014 pursuant to this Resolution; and WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of (' alifornia, Section 1300 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 qualiti,;A electors of said City proposed amendment measure to the Charter of the City of Anaheim relating to increasing the number of City Council members from four to six; and WHEREAS, _;:e City Council of the City of Anaheim is authorized by the California Constitution, the Anaheim t'ity Charter, and by state statute to submit said proposed Charter CAO -99669x2 amendment measure to the Anaheim City Charter to the qualified electors of said City at a general municipal election to be held the same date as the November 4, 2014 statewide general election; and WHEREAS, California Elections Code Section 10400 et seq. authorizes a municipality to consolidate its election with a statewide election to be held on the same day; and WHEREAS, it is desirable that the general municipal election called by this Resolution be consolidated with the statewide general election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the general municipal election and that the election be held in all respects as if there were only one election; and WHEREAS, California Elections Code Section 9282 authorizes the filing of written arguments for or against a City measure and Section 9287 establishes priorities for filing written arguments in favor of and against City measures; and WHEREAS, Die City Council desires to authorize the filing of written arguments for and against the adoption of the proposed Charter amendment measure by the Mayor and other members of the City Council in accordance with Elections Code section 9282(b); and WHEREAS, California Elections Code Section 9285 authorizes the City Council by majority vote to adopt provisions for the filing of rebuttal arguments to a City measure submitted at municipal elections; 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. Concurrent with the adoption of this Resolution the City Council has adopted such an ordinance with respect to the proposed Charter amendment measure addressed by this Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. REPEAL OF PRIOR CALL OF ELECTION That City Council Resolution No. 2013-109 is hereby repealed in its entirety and shall be of no further force or effect. SECTION 2. CALL OF ELECTION; PROPOSED MEASURE That, pursuant to Section 3 of Article XI of the California Constitution, Section 1300 of the Anaheim City Charter and Section 9255(b)(.1) of the California Elections Code, there is called and ordered to be held in the City of Anaheim on Tuesday, November 4, 2014, a general municipal election for the purpose of submitting the following proposed Charter amendment measure to the qualified voters of the City: CAO -99669v2 The full text of the proposed Charter amendment measure (with additions to and deletions from the current Charter text indicated 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 the following form: MEASURE -- M Yes CHARTER'AMENDMENTS (Sections 500, 507, 508, 511): INCREASE CITY COUNCIL MEMBERS TO SIX. Shall the City Charter be amended to: i) increase the number of City Council members froi..n four (plus the Mayor) to six (plus the Mayor), (ii) 7rovide for timing the election to fill No newly create -di Council seats and therafter staggering Council member terms so that every two years, three of the Couf:,il members stand for election, and (iii) make conforming amendments? SECTION 3. FORM OF BALLOT That the ballots to be used at the November 4, 2014 election shall be in a form and content required by law. SECTION 4. CITY CLERK AUTHORIZATION That the City "lerk, if necessary to facilitate the requested consolidation and as may be necessary to undertake other required actions, is authorized, instructed and directed to procure and furnish any and all offi :al ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 5. HOURS FOR POLLING PLACES That the polls for the election shall be open at seven o'clock a.m. (7:00 a.m.) the day of the election and shall rem,. -'in open continuously until eight o'clock p.m. (8:00 p.m.) of the same day when the polls shall be cV sed, except as provided in Section 14401 of the Elections Code of the State of California. SECT.ION 6. APPLICABLE LAW That in all pay !.iculars not recited in this resolution, the election shall be held and conducted as provided by lave' for holding municipal elections CAO -99669v2 SECTION 7. NOTICES 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 8. REQUEST FOR CONSOLIDATION That pursuant to the requirements of Section 1.0403 of the California Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a general municipal election with the statewide general election on Tuesday, November 4, 2014 for the purpose of submitting to the voters the amendment to the City of Anaheim City Charter specified in this Resolution. The exact form of the question to be voted on as it is to appear on the ballot is contained in this Resolution. That the Cou.�ty Elections Department is authorized to canvass the returns of the general municipal election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. That the Board of Supervisors for said County of Orange is requested to issue instructions to the County Elections Department to take any and all steps for the holding of the consolidated election. That the City. of Anaheim recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. That the City acknowledges that the consolidated election requested by this Resolution will be held and conducted in the manner prescribed by California Elections Code section 10418 and, to the extent that anything in this Resolution shall conflict with such provisions, the provisions of Elections Code section .1.04.1.8 shall control and supersede such inconsistent provisions. That pursuant to California Elections Code Section 10403, the City Clerk is hereby di ected to file a certified cony of this Resolution with the Board of Supervisors and the County Elections Official at least 88 clays prior to the November 4, 2014.general election. SECTION 9. AUTHORIZATION OF MEMBERS OF THE CITY COUNCIL TO FILE AND AUTHOR BALLOT ARGUMENTS REGARDING MEASURE That Elections Code section 9282(b) expressly permits the City Council to authorize members of the City Council to prepare, author and file a written argument for or against any City measure, including proposed Charter amendments. Pursuant to Elections Code section 9282(b), the Cify Council hereby authorizes the Mayor and/or City Council members to prepare, author and file CAO -99669v2 written arguments in favor of or against the proposed Charter amendment measure described in Section 2 of this Resolution. The only authors' names and signatures appearing on an argument filed pursuant to this paragraph shall be the Mayor and/or Council members authorized by this paragraph, as authorized by this Resolution and the uncodified City Council Ordinance relating to filing of ballot arguments and rebuttals for this Charter amendment measure. Thus, no other person's(s') or entity's(ies') name(s) and/or signature(s) shall appear as authors/signors in such written argument filed by the authorized Mayor and/or Council members. That the provisions of this section shall only apply to the election called in this resolution for the proposed .Charter amendment measure described in Section 2 at the general municipal election to be held in the City of Anaheim on November 4, 2014. SECTION 10. WRITTEN ARGUMENTS AND PRIORITY OF ARGUMENTS That a ballot argument in favor of or against the proposed Charter amendment measure shall not exceed 300 words, accompanied by the printed names and signatures of the authors submitting them in accordance with Section 9283 of the California Elections Code; provided, however, as authorized by this Resolution and the uncodified City Council Ordinance relating to filing of ballot arguments and rebuttals for this Charter amendment measure, any ballot argument that is submitted by the Mayor and/or City Council members pursuant to authorization in Section 9 shall only include those authorized Mayor and/or Council members as authors and signors. That, pursuan, to Elections Code section 9287, in the event more than one argument for or against the proposed Charter amendment measure described in Section 2 of this Resolution 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, �o the arguments of the following: (a) The Mayor and/or members of the City Council; (b) The individual voter, 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 Inde associations of citizens; and (d) Individual voter(s) who are eligible to vote on the measure. That if more -than one argument in favor or more than one argument against the 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 tha3. argument initially filed with the City Clerk first in time. CAO -99669v2 That, in accordance with California Elections Code section 9286(b), the deadline for filing (and changing or withdrawing) arguments for or against the proposed Charter amendment measure described in Section 2 with the City Clerk shall be not later than 5:00 p.m. on July 7, 2014. That the provisions of this section shall only apply to the election called in this resolution for the proposed Charter amendment measure described in Section 2 of this Resolution at the general municipal election to be held in the City of Anaheim on November 4, 2014. SECTION 11. FILING OF REBUTTAL ARGUMENTS That, pursuant to Sections 9285 and 9287 of the California Elections Code, when the City Clerk has selected the arguments for and against the proposed Charter amendment measure described in Section 2 of this Resolution that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against the measure, and copies of the argument against the measure to the authors of the argument in favor of the measure. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than 5:00 p.m. on July 17, 2014. Rebuttal arguments shall be printed in the same manner as direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. That pursuant to this Resolution and the uncodified City Council Ordinance relating to filing of ballot arguments and rebuttals for this Charter amendment measure, no member of the City Council authorized pursuant to Section 9 of this Resolution to prepare, author and file an argument in favor of or against the proposed Charter amendment measure described in Section 2 of this Resolution shall authorize any other person(s) and/or entity(ies) to prepare, submit, sign or file a rebuttal argument. That the provisions of this section shall only apply to the election called in this resolution for the proposed Charter amendment measure described in Section 2 of this Resolution at the general municipal election to be held in the City of Anaheim on November 4, 2014. SECTION 12. DIRECTION TO PREPARE IMPARTIAL ANALYSIS Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on 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 July 7, 2014. SECTION 13. SEVERABILITY That the City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this Resolution 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 Resolution independent of CAO -99669v2 the elimination herefrom of any such portion as may be declared invalid. SECTION 14., FURTHER ACTION 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 an, 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 15. CITY CLERK CERTIFICATION 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 this4th . day of February , 2014, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY HEIM By M YOR OF THE CITY OF ANAHEIM ATTES : CITY CLERK OF THE CITY OF ANAHEIM CAO -99669v2 Attachment No, .l Full text of proposed Charter Amendment measure is on the following pages CAO -99669v2 Attachment No. 1 to City Council Resolution re Increase of Council Members to Six CHARTER AMENDMENT MEASURE M 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 str-HEe-tlfeugk showing deletions): Section 500. CITY COUNCIL. TERMS. The Commencing with the general municipal election of November 2016, the elective officers of the City shall consist of a Mayor and €ewsix City Council members elected from the City at large and at the times and in the manner provided in this Charter who 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 fe*r-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. 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. The Mayer- and twe member -s efthe City Ceolleil shall be thereaft eleratea a4 the general ffluflieipal eleation held iiienibeF, 1°� 96, andThe Mayor shall be elected at the general municipal election held in November 2014, and each fourth year thereafter. Four members of the City Council (comprised of two seats up for election and two newly created seats) shall be elected at the general municipal election held in November 2016. Notwithstanding the term of office specified in the first paragraph of this Section 500, at the City Council meeting where these four members are sworn in, the City Council shall select by casting of lots one member elected at the November 2016 general election to hold office for a term of two years and until his or her successor qualifies: the remaining three members shall serve for a term of four years and until their successors qualify. Thereafter, the three City Council members elected at the November 2016 election to four-year terms shall be elected at the general municipal election each fourth year thereafter. The other three members of the City Council shall be elected at the general municipal election held in November 2018 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. Section 507 SPECIAL MEETINGS. A special meeting may be called at any time by the Mayor, or by three-four members of the City Council, by written notice to each member of the City Council and to each local newspaper CAO -95629.9 of general circulation, radio or television station requesting notice in writing. Such notice must be delivered at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting. Such written notice may be dispensed with as to any person entitled thereto who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any person who is actually present at the meeting at the time it convenes. Section 508 PLACE OF MEETINGS. Except to the extent otherwise required or permitted by law, all meetings shall be held in the Council Chambers of the City Hall, or in such place within the City to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he or she should fail to act, by three-four members of the City Council. Section 511 ADOPTION OF ORDINANCES AND RESOLUTIONS. With the sole exception of emergency ordinances which take effect upon adoption, referred to in this Article, no ordinance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of adoption of an ordinance or resolution it shall be read in full, unless the City Council has adopted a motion at such meeting waiving the reading in full of all ordinances or resolutions adopted at such meeting, or the reading in full of the specific ordinance or resolution is waived by a motion duly adopted by the City Council, except that emergency ordinances shall either be read in full or the full text of such emergency ordinance shall be made available to the public for review prior to its adoption in compliance with the preceding sentence by either (i) a statement on the printed agenda of the City Council meeting at which the emergency ordinance is to be adopted indicating that a copy of the full text of the proposed ordinance is available for public review in the City Clerk's Office, or (ii) whether or not such ordinance appears on the printed agenda of the meeting at which it will be adopted, by publicly announcing at the City Council meeting at which the emergency ordinance is to be adopted that the full text of the emergency ordinance is available for public review and by posting a copy of the full text of the emergency ordinance at or near the entrance of the City Council chambers or otherwise making the full text of the emergency ordinance available to the public prior to its adoption. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at mother than a regular or adjourned regular meeting. CAO -95629.9 Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least thFee-four members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least four-fifths of the total members of the City Councile vetes. Section 2: BALLOT DESCRIPTION. As provided in Government Code section 34458.5, the following ballot description is included in this proposed Charter Amendment measure: CHARTER AMENDMENTS (Sections 500, 507, 508, 511): INCREASE COUNCIL MEMBERS TO SIX: This Charter Amendment measure would amend the City Charter to increase the number of City Council members from four (plus the Mayor) to six (plus the Mayor); provide for election to fill newly created Council seats and thereafter stagger Council terms so that every two years, three of the Council members stand for election; and amend the City Charter to reflect the increase in Council membership in various provisions where there is a Council decision or action requiring a specified number of Council member votes. This amendment does not give the City Council power to raise its compensation or that of other City officials without voter approval. Section 3: COMPETING MEASURES, COMPLEMENTARY MEASURES. If any other measure or measures related to the issue of the method of election of City Council members(including, without limitation, methods consisting of at -large election of Council members, election of Council members from residency districts by the entire City at large, 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 changing the method by which members of the City Council of the City of Anaheim are elected (for example, a measure amending the Charter to change the method of electing City Council members from at -large to election of Council members from residency districts by the entire City at large, or election of Council members from residency districts only by voters of that district) 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 changing the method by which members of the City Council are elected are approved by a majority of the voters voting at the 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. In such case, and if a measure to change the method.of electing City Council CAO -95629.9 members from election at -large to election from residency districts only by voters of that district was proposed by the City Council pursuant to Elections Code section 9255(b)(1) and adopted by the voters, then the voters hereby direct that the City Attorney and City Clerk take ministerial action to implement conforming language to the City Charter provisions affected by the approval of this Charter Amendment and such measure to change the method of electing City Council members from election at -large to election from residency districts only by voters of that district, so that said Charter provisions are consistent with language in a document entitled "Conforming Language Prepared by City Attorney" attached as "Attachment No. 2" to the February 4, 2014 City Attorney staff report presented to the City Council for the resolution ordering the placement of this Charter Amendment on the ballot, which attachment provides conforming language for the two Charter amendment measures as those measures affect Charter Section 500. (b) In the event that this Charter Amendment measure and another measure or measures 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 same election, and this Charter Amendment measure receives a greater number of affirmative votes than any other such measure or measures increasing the number of members of the City Council, then such 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 increasing the number of members of the City Council shall be rendered void and without any legal effect. (c) Notwithstanding (a), in the event that this Charter Amendment measure increasing the number of City Council members 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 -95629.9