RES-2015-146RESOLUTION NO. 2015 - 146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY NOVEMBER 8, 2016 AND ORDERING
THE SUBMISSION OF A PROPOSED AMENDMENT TO THE
CITY CHARTER TO THE ELECTORS OF SAID CITY AT SAID
ELECTION (MEASURE NO. _ — REQUIRE 2/3 VOTE OF THE
CITY COUNCIL TO PROPOSE TAXES)
WHEREAS, pursuant to authority provided by Section 3 of Article XI of the
Constitution of the State of California, Section 1300 of the Anaheim City Charter, and Section
1415(a)(2) 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 a proposed amendment to the Charter that
increases the vote requirement necessary for the City Council to present to the voters most City
Council sponsored proposals that impose, increase or extend a tax, from the current majority vote (in
most cases) to a two- thirds vote of the total membership of the City Council; and
WHEREAS, the City Council of the City of Anaheim is authorized by the California
Constitution, Section 1300 of 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 a general municipal
election to be held the same date as the November 8, 2016 statewide general election; and
WHEREAS, under the provisions of Article XIII, Section 1300, of the Charter of the
City of Anaheim, a general municipal election shall be held on November 8, 2016 for the election of
municipal officers and for such other purposes as the City Council may prescribe, to wit the
placement of amendments to the City Charter;
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 of the California Constitution, Section 1300
of the Anaheim City Charter and Section 1415(a)(2) of the Elections Code of the State of California,
there is called and ordered to be held in the City of Anaheim on Tuesday, November 8, 2016, a
general municipal election for the purpose of submitting the following proposed Charter Amendment
measure to the qualified voters of the City:
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 substantially the following form:
MEASURE -- I Yes
REQUIRE 2/3 VOTE OF THE CITY COUNCIL
TO PROPOSE TAXES. Shall Section 1208.1 be
added to the Anaheim City Charter to require at least a
two - thirds vote of the total City Council membership
in order to place City Council sponsored general or
special tax proposals on a ballot for voter No
consideration?
SECTION 2
That the ballots to be used at November 8, 2016 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 pursuant to Elections Code Section 10242, except as provided in Section 14401 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 resolutions augmenting this resolution to order on the ballot the election of municipal
officers, requesting that the Orange County Board of Supervisors consolidate the general municipal
election called in this resolution with the statewide general election held on November 8, 2016,
authorizing the filing and establishing priority of ballot arguments, authorizing the filing of rebuttal
arguments and ordering that the City Attorney prepare an impartial analysis; such resolutions shall be
presented to the City Council in time sufficient under statute to timely request consolidation and take
the respective actions.
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 7th day of April , 2015, by the following roll call vote:
AYES: Council Members Kring, Murray and Vanderbilt
NOES: Mayor Tait and Council Brandman
ABSENT: None
ABSTAIN: None
ST:
4 W CLERK OF THE CITY OF ANAHEIM
1069400
CITY XOR HE
By ZXZ
MA F TliE CITY OF ANAHEIM
Attachment No. 1
Full text of proposed Charter Amendment measure is on the following pages
Attachment No. 1 to City Council Resolution Regarding
Charter Amendment to
Require 2/3 Vote of the City Council to Propose Taxes
CHARTER AMENDMENT MEASURE NO.
Section 1 TEXT OF AMENDMENT TO ANAHEIM CITY CHARTER
The City Charter of the City of Anaheim is hereby amended as follows ( underlining showing
additions and strike thfough showing deletions):
Section 1208.1. City Council Sponsored Tax Proposals — 2/3 Vote Requirement
Notwithstanding any conflicting_ provision of this Charter, no City Council sponsored
proposal to impose, extend or increase a tax shall be presented at an election unless the ordinance
or resolution proposing to impose extend or increase such tax is approved by at least a two -
thirds vote of the total members of the City Council As used in this section the term "tax" shall
mean both a "general tax" and a "special tax" as defined in Article XIIIC Section 1 subdivisions
(a) and (d), respectively, of the California Constitution
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 AMENDMENT (Section 1208.1): This Charter Amendment measure would amend
the City Charter to add Section 1208.1. Proposed Section 1208.1 would require any tax proposal
sponsored by the City Council that imposes, extends or increases a tax to be approved by at least
a two - thirds vote of the total membership of the City Council in order to be presented to the
voters at an election, whereas presently only a majority vote of the City Council is required to
place most tax measures on the ballot for voter consideration. The term "tax" in proposed
Section 1208.1 means both "general" and "special" taxes as defined in Article XIIIC of the
California Constitution. A "general tax" is defined in the California Constitution as a tax
imposed for general governmental purposes. A "special tax" is defined in the California
Constitution as a tax imposed for specific purposes, including a tax imposed for a specific
purpose which is placed into a general fund. This amendment does not give the City Council
power to raise its compensation or that of other City officials without voter approval.
Section 4 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 5 CONFLICTING MEASURES
In the event that this Charter Amendment measure and another measure or measures relating to
City Council vote approval requirements for the matters described herein shall appear on the
same general municipal election ballot, the other measure or measure shall be deemed to be in
conflict with this Charter Amendment measure. In the event that this Charter Amendment
measure receives a greater number of affirmative votes, the provisions of this measure shall
prevail in their entirety, and the provisions of the other measure or measures shall be null and
void.
If this Charter Amendment measure is approved by the voters but superseded in whole or in part
by any other conflicting measure approved by the voters at the same election, and such other
conflicting measure is later found held invalid, this measure shall be self - executing and given
full force and effect.
Section 6 EFFECTIVE DATE
This Charter Amendment measure shall become effective in the manner allowed by law.
CAO- 1069250