RES-2016-110RESOLUTION NO. 2 016 -110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, AUTHORIZING MEMBERS OF THE
CITY COUNCIL TO AUTHOR AND FILE WRITTEN
ARGUMENTS, SETTING PRIORITIES FOR FILING WRITTEN
ARGUMENTS REGARDING A CITY MEASURE TO BE
SUBMITTED TO THE ELECTORS OF THE CITY AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID
CITY ON NOVEMBER 8, 2016, AND DIRECTING THE CITY
ATTORNEY TO PREPARE IMPARTIAL ANALYSIS OF SUCH
MEASURE
WHEREAS, a General Municipal Election is to be held in the City of Anaheim,
California, on November 8, 2016, at which election there will be submitted to the electors of the City
one measure proposing an amendment to the Charter of the City of Anaheim, as set forth on
Attachment 1, which attachment is incorporated herein by this reference, and, more specifically, to
answer the following question:
REQUIRE 2/3 VOTE OF THE CITY COUNCIL TO
Yes
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
No
Council sponsored general or special tax proposals on a
ballot for voter consideration?
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 arguments for and against City
measures 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 Elections Code Section 9287 establishes
priorities for filing written arguments in favor of and against City measures; and
WHEREAS, the City Council hereby desires to authorize the filing of written
arguments for and against the adoption of said measure by any and all members of the City Council,
in accordance with Section 9282(b) of the Elections Code of the State of California.
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 said City measure. Pursuant to Elections
Code Section 9282(b), the City Council hereby authorizes any and all members of the City Council
to prepare and file written arguments in favor of or against said City measure described above, and
to change the arguments for or against such City measure, until 5:00 p.m. on July 18, 2016.
SECTION 2.
That, in accordance with Sections 9282 and 9283 of the Elections Code, no argument
shall exceed three hundred (300) words in length and the printed names and signatures of not more
than five authors shall appear with any argument submitted in accordance with this resolution. The
authors of any argument submitted for or against said ballot measure may include, but shall not be
limited to, any and all members of the City Council.
SECTION 3.
That, pursuant to Elections Code section 9287, in the event more than one argument
for or against the City measure 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.
SECTION 4.
That, pursuant to Elections Code Section 9280, the City Council hereby directs the
City Clerk to transmit a copy of the City measure described above 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 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 July 18, 2016.
SECTION 5.
That the City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
PA
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 21" day of June 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By - '/ (/Z
MAY R OF tHE CITY OF ANAHEIM
ATTEST:
Q'z"
CITY CLE OF THE CITY CkF ANAHEIM
Attachment No. I
Full text of proposed Charter Amendment measure is on the following pages
Attachment No. 1 to City Council Resolution Regarding
Charter Amendment to
Require 2l3 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 (underlininn showing
additions and st&e-*,showing deletions):
Section 1208.1. CilyCouncil Sponsored Tax Proposals — 213 Vote Requirement.
Notwithstanding any conflicting_ provision of this Charter, no Cily Council svonsored
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 "p-eneral 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.
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