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88-287RESOLUTION NO. 88R-287 A RESOLUT±ON OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA SETTING FORTH A CHARTER AMENDMENT FOR SUBMISSION TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVemBER 8, 1958. WHEP~EAS, under the provisions of the Charter of the City of Anaheim, a general municipal election shall be held on November 8, 1988 for the election of Municipal Officers; and WHEREAS, by its Resolution No. 88R-249, the City Council has heretofore consolidated said general municipal election with the general statewide election to be held on said date; and WHEREAS, the City Council also desires to submit to the voters at said general municipal election, as consolidated with said general statewide election, measures relating to the hereinafter described proposed amendments to the City Charter of the City of Anaheim. NOW THEREFORE, THE CiTY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND 0F~DER AS FOLLOWS: SECTION 1. That the City Council pursuant to its right and authority, does order submitted to the voters at the general municipal election to be held November 8, 1988 the following question: Shall the following described sections of the Charter of the City of Anaheim be amended in the following described manner? Section Amendment 501 Amends City residency requirement for City Council candidates from one year to 30 days prior to filing nominating papers or appointment to conform to constitutional law requirements. 311 Eliminates requirement for unanimous vote by Council to waive reading of ordinances and resolutions in full; allows for one motion YES to cover waiver of reading in full of all ordinances and resolutions adopted at meeting; eliminates requirement to read titles to all ordinances and resolutions. 51~ Increases maximum fine for ordinance violations from $500 to $1000 to conform to state law maximum; allows future increases to conform to future state law increases. i~Ol Increases maximum fine for charter violations from $500 to $1000 to conform to state law maximum; allows future increases to conform to future state law increases. 518 Expressly authorizes Stadium and Convention Center event agreements to be executed by Stadium and Convention Center general managers at rates fixed or authorized by the City Council. NO i20~ Authorizes purchasing agent to contract for services (within maximum dollar limit established by ordinance). 1211 Deletes reference to repealed section of state law and substitutes correct state law reference relating to public works contract bidding; conforms "lowest responsible bidder" terminology to state law wording. 1210 Au~orizes the use of negotiable instruments (checks) for payments 705 of City obligations in addition to, or as a replacement of, the 706 current warrant system. 1217 Conforms the time limit witl~n which ti~ City is required to act on claims against the City to the provisions of state law. SECTION 2. That the proposed Charter amendment to be submitted to the voters, shown as Question A above is attached as Exhibit A. (Additions are shown underlined and deletions are indicated by strike outs.) SECTION 3. That the ballots to be used at the election shall be in form and content as required by law. SECTION 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and ali 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 5. 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 from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section I4301 of the Elections Code of the State of California. SECTION o. Tt~at in all particulars not recited in this resolution, the election shall be held and conducted as provided By law for holding municipal elections. SECTION 7. Tt~t notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 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. PASSED, APPROVED AND ADOPTED ON July 19 , 1988. MAYOR ATTEST: CITY CLERK, CiTY OF ANAHEIM (Seal) 0226B CLE~t SLATE OF C~iFORJNIA ) COUNTY OF ORANGE ) ss. CiTY OF ANAHEIM J I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-287 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 19th day of July, 1988, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COONCiL MEMBE~tS: Ehrle, Hunter, Kaywood, Pickler and Bay None None ~D i FURTHER certify ti~at the Mayor of the City of Anaheim signed said Resolution No. 88R-287 on the 20ttl day of July, 1988. iN WITNESS WHEREOF, i have t~ereunto set my hand and affixed the seal of the City of Anaheim this 20t~ day of July, 1988. (S~d~) i, LEONOtCA N. SOHL, City Clerk of the City of Anat~eim, do hereby certify that the foregoing is t~e original of Resolution No. 88R-287 duly passed and adopted by the Ana~eim City Council on July 19, 198~. CITY CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" 1 of 11 Section 501. ELIGIBILITY. No person shall be eligible to hold office as a member of the city Council unless he or she is and shall have been a resident and qualified elector of the City f6C/~C/IM~B~/~ y~/~X~/~~l~/~/~f/~g/~I~l~/~~f at the time of~ and for the thirty-day period immediately precedinq, filinq of his or her nominatinq papers or such equivalent declaration of candidacy as may be required o~ authorized by law, or at the time of~ and for the thirty-day period immediately precedinq, his or her appointment to such office. -1- 1024V EXHIBIT "A" 2 of i1 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 or the City Clerk. At the time of adoption of an ordinance or resolution it shall be read in full, unless ~ff~l~/~/~f/~/~I~/~f~ff/~½~ f~/~f~l~fl~lW~lb~l~m~l~l~f/~ ~g~I~/D~g~f the City Council has adopted a motion at such meetinq waivinq the readinq in full of all ordinances or resolutions adopted at such meetinq, or the readinq in full of the specific ordinance or resolution is waived by a motion duly adopted by the City Council, except that emergency ordinances shall be read in full. 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 any other than a regular or adjourned regular meeting. ~nless a higher vote is required by other provisions of this Charter, the affirmative votes of at least three 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 thg 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 at least four affirmative votes. 1024V -2- EXHIBIT "A" 3 of 11 Section 515. ORDINANCES. VIOLATION. PENALTY. A violation of any ordinance of the City shall constitute a misdemeanor unless by ordinance it is made an infraction. Any such violation may be prosecuted in the name of the People of the State of California and/or may be redressed by civil action. The maximum fine or penalty for conviction of any misdemeanor shall be the sum of F~9~/~ One Thousand Dollars or such qreater sum as authorized by state law, or a term of imprisonment for a period not exceeding six months, or both. The City Council may provide by ordinance ~ that persons imprisoned f~/~/~fZ~/J~f% for violation of law or ordinance may be compelled to labor on public works. The maximum fine or penalty for conviction of any infraction shall be as set forth by state law. 1024V -3- EXHIBIT "A" 4 of i1 Section 1501. VIOLATIONS. The violation of any provision of this Charter shall be a misdemeanor and shall be punishable upon conviction by a fine of not exceeding F%~/~ One Thousand Dollars or such greater sum as authorized by state law, or by imprisonment for a term of not exceeding six months~ or by both such fine and imprisonment. 1024V -4- EXHIBIT "A" 5 of 11 Section 518. CONTRACTS. EXECUTION. The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council. By ordinance or resolution the City Council may authorize the City Manager to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended, and for the conveyance of title thereto. Contracts for the exhibition of events at Anaheim Stadium may be made by the Stadium General Manaqer or head of such department or the City Manaqer at rates fixed or authorized by the City Council provided the form of any such contract is approved by the City Attorney. the Contracts for the exhibition of events at the Anaheim Convention Center may be made by the Convention Center General Manaqer or the head of such department or the City Manaqer at rates fixed or authorized by the City Council provided the form of any such contract is approved by the City Attorney. Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the city may be made by the manager of such utility o~ by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. The provisions of this Section shall not apply to the employment of any pe[son by the City at a regular salary. 1024V -5- EXHIBIT "A" 6 of 11 Section 1206. CENTRALIZED PURChaSING. Under the control and direction of the City Manager there shall be established a centralized purchasing system for all City departments and agencies, except as otherwise in this Charter provided. The City Manager shall recommend and the City Council shall consider and adopt by ordinance, rules and regulations governing the contracting for, purchasing, storing, and distribution of all supplies, materials~ ~ equipment and services required by any office, department or agency of the City government. 1024V --6-- EXHIBIT "A" 7 of 11 Section 1211. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure in excess of an amount as specified in T~l~f/D~9~l~fl¢~l~l~f/~l~~ Division 2, Part 3, Chapter 1, Article 4 of the Public Contracts Code of California as amended from time to time, or any successor provision thereto, for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds, shall be let to the lowest ~M~/b~gC responsible bidder after notice by publication in the official newspaper by two or more insertions, the first of which shall be at least ten days before the time for opening bids. The City Council may reject any and all bids presented and may readvertise in its discretion. The City Council, without advertising for bids if the total amount of the work is less than Fifty Thousand Dollars ($50,000), or after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by the affirmative vote of a majority of the total members of the City Council, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section. Such contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by the affirmative vote or at least two-thirds of the total members of the City Council. Pro~ects for the extension, replacement or expansion of the transmission or distribution system of any existing public utility operated by the City may be excepted from the requirements of this Section by the affirmative vote of a majority of the total members of the City Council. The City Council may by ordinance establish procedures for the procurement of materials, supplies and equipment for use in the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds. 1024V -7- EXHIBIT "A" 8 of 1I Section 1216. CLAIMS AND DEMANDS. PRESENTATION AND PAYMENT. Procedures prescribed by the State Legislature governing the presentation, consideration and enforcement of claims against chartered cities or against officers, agents and employees thereof shall apply to the presentation, consideration and enforcement of claims against the City. In the absence of applicable procedures prescribed by the State Legislature. and to the extent that the same are not inconsistent therewith, the following provisions of this Section shall govern the presentation, processing and payment of all claims and demands against the City. Ail claims for damages against the City must be presented in writing to the City Clerk within one hundred days after the occurrence, event or transaction from which the damages allegedly arose, and shall set forth in detail the name and address of the claimant, the time, date, place and circumstances of the occurrence and the extent of the injuries or damages sustained. All such claims shall be approved or rejected in writing by order of the City Council and the date thereof given. All other demands against the City must be in writing and may be in the form of a bill, invoice, payroll, or formal demand. Each such demand shall be presented to the Director of Finance within one hundred days after the last item of the account or claim accrued. The Director of Finance shall examine the same. If the amount thereof is legally due and there remains on his books an unexhausted balance of any appropriation against which the same may be charged, he shall approve such demand and either draw his warrant on the City Treasurer therefor or, where such procedure is authorized by the City Council, prepare a check or other neqotiable instrument drawn on a City depository to be approved and siqned by the City Treasurer and countersiqned by the ~ayor, payable out of the proper fund or account. Otherwise he shall reject it. Objections of the Director of Finance may be overruled by the City Council and the warrant or neqotiable instrument ordered drawn. The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, and warrant or neqotiable instrument, if any, to the City Manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager before payment~ otherwise it shall require the approval of the City Council, following the adoption by it of an amendment to the budget authorizing such payment. Any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the City Council within the time required by law which, after examining into the matter, shall approve or re)ect the demand in whole or in par~. - 8- EXHIBIT "A" 9 of ~1 Section 705. required to: CITY TREASURER. POWERS AND DUTIES. The City Treasure~ shall have the power and shall be (a) Receive on behalf of the City all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and receive all taxes or other money receivable by the City from the County, State or Federal Government, or from any Court, or from any office, department or agency of the City. (b) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit or cause to be deposited all funds coming into his hands in such depository as may be designated by resolution of the City Council, or, if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. (c) Pay out moneys on proper orders~ ~f warrants~ checks, or other negotiable instruments in the manner provided for in this Charterf and verify authenticity and accuracy of all checks and other negotiable instruments drawn upon any City depository and return incorrect, forged or otherwise unauthorized checks and instruments to such depository. (d) Prepare and submit to the Director of Finance monthly written reports of all receipts, disbursements and fund balances, and shall file copies of such reports with the City Manager. (e) Perform such other duties consistent with this Charter as may be required by o[dinance or resolution of the City ~;ouncil. - 9 - EXHIBIT "A" 10 of 11 Section 706. DIRECTOR OF FINANCE. POWERS AND DUTIES. The Director of Finance shall have the power and shall be required to: (a) Have charge of the administration of the financial affairs of the City under the direction of the City Manager, and be head of the Finance Department of the City. (b) Assist the City Manager in the preparation and execution of the budget. (c) Establish and maintain a system of financial procedures, accounts and controls for the City government and each of its offices, departments and agencies. (d) Supervise and be responsible for the disbursement of all moneys and have control of all expenditures to insure that budget appropriations are not exceeded: audit all purchase orders before issuance: audit and approve before payment, all bills invoices, payrolls, demands or charges against the City government: with the advice of the City Attorney, when necessary, determine the regularity, legality and correctness of such claims, demands or charges: and draw warrants upon the City Treasurer, or where such procedure is authorized by the City Council, prepare checks or other negotiable instruments drawn upon a proper City depository for the approval and s~qnature of the City Treasurer and countersignature of the Mayor, for all claims and demands audited and approved as in this Charter provided specifying the purpose for which drawn and the fund from which payment is to be made. (e) See that all taxes, assessments, license fees and other revenues of the City, or for the collection of which the City is responsible, and all other money receivable by the City from the County, State or Federal Government, or from any court, office, department or agency of the City ~re collected. (f) Submit to the City Council through the City Manager a monthly statement of all revenues and expenditures in sufficient detail to show the exact financial condition of the City: and, as of the end of each fiscal year, submit a complete financial statement and report. (g) Supervise the keeping of current inventories of all property of the City by all City departments, offices and agencies. (h) Perform such other duties consistent with this Charter as may be requi~ed. - 10- EXHIBIT "A" 11 of 11 Section 1217. ACTIONS AGAINST CITY. No suit shall be brought for money or damages against the City or any board, commission or officer thereof on any cause of action for which this Charter~ ~ the general law or any city ordinance requires a claim to be presented, until a claim or demand for the same has been presented as in this Charter provided and such claim o__r ~ demand has been rejected in whole or in part. If rejected in part suit may be brought to recover the whole. Failure to complete action approving or rejecting any claim or demand within ~fR~ forty-five days from the day the same is presented shall be deemed a rejection thereofl unless such time is extended by mutual agreement of the City and the claimant. - 11-