Loading...
RES-2014-031RESOLUTION NO. 2014 -031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REPEALING RESOLUTION NO. 2014- 026 AND REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 3, 2014, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE WHEREAS, the City Council of the City of Anaheim has called a special municipal election to be held on June 3, 2014, for the purpose of placing ballot measures proposing amendments to the City's Charter and an initiative measure proposing amendments to the City's Municipal Code before the voters; 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, on February 4, 2014, the City Council adopted Resolution No. 2014- 026 requesting the Board of Supervisors of the County of Orange to consolidate the City's special municipal election with the statewide primary election to be held on June 3, 2014, which Resolution contained a proposed ballot measure (Measure No. 1) that included amendments to Anaheim City Charter Section 1221 that the City Council no longer desires to make; and WHEREAS, Resolution No. 2014 -26 also contained a proposed ballot measure (Measure 4) that proposed placing a new section relating to "safe and sane fireworks" into the City Charter, which the City Council no longer desires to propose, but instead has ordered placing an initiative measure before the voters that amends the City Municipal Code's provisions relating to "safe and sane fireworks" found in Anaheim Municipal Code Section 6.40.030; and WHEREAS, the City Council now desires to repeal Resolution No. 2014 -026 and modify Measure No. 1 such that no amendments to Charter Section 1221 are proposed and modify Measure 4 to reflect the proposal of an initiative measure to amend the City Municipal Code; and WHEREAS, on February 4, 2014, the City Council elected not to place on the ballot for the June 3, 2014 special municipal election a proposed ballot measure (Measure No. 3) that would have eliminated term limits for elected officials in the City on the ballot for the June 3, 2014 special municipal election; and WHEREAS, it is appropriate that the matters proposed for the special municipal election be considered at the statewide primary election pursuant to Elections Code Section 922 2 as to the proposed initiative measure and Section 1415(a)(2)(A) as to the proposed Charter amendments because the proposed Charter amendments contained in the ballot measures ordered for the June 3, 2014 ballot do not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization; and WHEREAS, it is desirable that the special municipal election called by this resolution be consolidated with the statewide primary 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 special municipal election and that the election be held in all respects as if there were only one election. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 That City Council Resolution No. 2014 -026 is hereby repealed in its entirety and shall be of no further force or effect. SECTION 2 That, pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a special municipal election with the statewide primary election on Tuesday, June 3, 2014, for the purpose of the placing the following ballot measures before the electorate: Measure No. 1: MEASURE Yes No VARIOUS CITY CHARTER AMENDMENTS. Shall the Charter be amended to: modernize and remove outdated language to reflect changes in the City and law; authorize financial documents' availability in electronic format; update matters regarding boards /commissions; allow setting City Manager compensation by agreement, resolution or ordinance; authorize methods for selling municipal property; permit City Council to delegate Treasurer's appointment /removal to City Manager; allow Treasurer and Finance Director to be the same person upon Council approval? 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 Municipal Code Section 6.40.030, which prohibits (bans) the retail sale, possession or use of safe and sane fireworks in the City of Anaheim except pursuant to a public display permit issued by the Fire Chief, be repealed and the City Council granted the authority to regulate safe and sane fireworks? SECTION 3 That the County Election Department is authorized to canvass the returns of the special 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. SECTION 4 That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 5 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 such costs. SECTION 6 That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange. SECTION 7 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 anything in this resolution shall conflict with such provisions, the provisions of Elections Code Section 10418 shall control and supersede such inconsistent provisions. SECTION 8 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 18 day of February, 2014, by the following roll call vote: AYES: Mayor Tait and Council Members Murray, Eastman, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY OF AHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST � a vl�/) _ CITY CLERK OF THE CITY OF ANAHEIM 100238v1