RES-2014-032RESOLUTION NO. 2014 -032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, REPEALING RESOLUTION NO.
2014 -027 AND 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, California Elections Code Section 9282 authorizes the filing of written
arguments for or against City measures, and Elections Code Section 9287 establishes priorities for
filing written arguments in favor of and against City measures; and
WHEREAS, on February 4, 2014, the City Council adopted Resolution No. 2014 -027
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 at the June 3,
2014 special municipal election; and
WHEREAS, Resolution No. 2014 -027 authorized arguments to be filed concerning a
proposed ballot measure (Measure No. 1) that proposed amendments to Section 1221 of the Anaheim
City Charter that the City Council no longer desires to make; and
WHEREAS, Resolution No. 2014 -027 also authorized arguments be filed concerning
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
placed 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 -027 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; and
WHEREAS, the City Council desires to authorize the filing of written arguments for
and against the adoption of the following ballot measures 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: 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?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1
That City Council Resolution No. 2014 -027 is hereby repealed in its entirety and shall
be of no further force or effect.
SECTION 2
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. 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 City measures described above,
and to change the arguments for or against such City measures.
SECTION 3.
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 4
That, in accordance with Section 9282 of the Elections Code, any written argument in
favor of or against any of the City measures described above shall not exceed 300 words.
SECTION 5
That, pursuant to Elections Code section 9287, in the event more than one argument
for or against any of the City 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 voters who are eligible to vote on the measure.
3
That if more than one argument in favor of or more than one argument against a City
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 City measures described
above with the City Clerk shall be not later than 5:00 p.m. on February 28, 2014.
SECTION 6
That, pursuant to Elections Code section 9280, the City Council hereby directs the
City Clerk to transmit a copy of the City 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 7
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
CIT A AHEI
By
MAY R OF THE CITY OF ANAHEIM
ATTEST.
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CITY CLERK OF THE CITY OF ANAHEIM
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