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RES-2010-065RESOLUTION NO. 2010- 065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED TO THE ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 2010 WHEREAS, a General Municipal Election is to be held in the City of Anaheim, California, on November 2, 2010, at which election there will be submitted to the electors of the City two measures proposing amendments to the Charter of the City of Anaheim, as set forth on Measure Nos. 1 and 2 hereof, which attachments are incorporated herein by this reference; and 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 the adoption of said 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 WHEREAS, the City Council hereby desires to authorize the filing of written rebuttal arguments to any argument submitted for or against the adoption of said measures or either of them pursuant to Section 9285 of the Elections Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SF.CTTON 1 _ That, pursuant to Sections 9285 and 9287 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measures which will be printed and distributed to the electors, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against the measure, and copies of the argument against the measure to the authors of the argument in favor of the measure. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than 5:00 p.m., August 5, 2010. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2 That the provisions of Section 1 shall apply only to the general municipal election to be held in the City of Anaheim on November 2, 2010. SECTION 3 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 8th day of June, 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Kring NOES: NONE ABSENT: Council Member Galloway I. \:3.`1111\ I0ii�'i, ►T�li a CITY AHEIM By MAYOR OF THE CIT OF ANAHEIM ATTEST: CITY CLERK OF THE CIT ANAHEIM 77354.1 OA MEASURE NO. 1 That new Section 1213 be, and the same is hereby, added to the Charter of the City of Anaheim to read as follows: Section 1213. PROHIBITION OF AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS (RED LIGHT CAMERAS). No ordinance shall be adopted by the City Council which would permit or authorize any red light camera or other automated traffic enforcement system in the City of Anaheim. Any ordinance adopted by the City Council in violation of this section shall be null and void. Neither the City Council, nor any officer or employee of the City when acting in his or her official capacity, shall (i) take any action which would directly or indirectly result in the authorization, approval or installation of any red light camera or other automated traffic enforcement system in the City of Anaheim; or (ii) acquiesce or concur in any action or decision of any other governmental agency or governmental official having jurisdiction concerning such red light cameras where a protest or objection procedure is available to the City and where failure to so protest or object could result in the authorization, approval, or installation of any red light camera or other automated traffic enforcement system in the City of Anaheim; or (iii) approve, authorize, execute or enter into any agreement or understanding, or take any other action of any nature whatsoever, which would authorize, approve, or in any way facilitate or result in the installation of any red light camera or other automated traffic enforcement system in the City of Anaheim, including, but not limited to, any agreement or understanding relating to the installation of any red light camera or automated traffic enforcement system which would result in the receipt by the City of any revenue of any kind from such cameras or automated system. The term "red light camera or other automated traffic enforcement system" as used in this section shall mean and include any automated traffic enforcement system, as that term is used in California Vehicle Code Section 21455.5, or any successor legislation thereto, which is used to enforce any provision of the California Vehicle Code. 75496 3 MEASURE NO.2 That new Section 1212 be, and the same is hereby, added to the Charter of the City of Anaheim, to read as follows: Section 1212. USE OF DESIGN -BUILD PROCUREMENT FOR PUBLIC WORKS PROJECTS. Notwithstanding any provision to the contrary in the California Public Contracts Code, in Section 1211 of the Anaheim City Charter, or any other law or regulation of the State of California or the City of Anaheim, the use of design -build procurement by competitive negotiation is authorized. The City Council shall, by ordinance, establish regulations for the award, use and evaluation of such design -build contracts, in which the design and construction of public works projects are procured from a single entity. 4