RES-2006-179RESOLUTION NO. 2006 - 179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING CITY MEASURES TO
BE SUBMITTED TO THE ELECTORS OF THE CITY AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY
ON NOVEMBER 7, 2006, AND DIRECTING THE CITY
ATTORNEY TO PREPARE IMPARTIAL ANALYSES OF SUCH
MEASURES
WHEREAS, a General Municipal Election is to be held in the City of Anaheim,
California, on November 7, 2006, 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
Attachments 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 Ciry; and
WHEREAS, the City Council hereby desires to authorize the filing of written
arguments for and against the adoption of said measures by the Mayor and other members of the City
Council in accordance with Section 9282 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 the City Council authorizes the Mayor of the City of Anaheim to prepare and file
written arguments in favor of each of the ballot measures set forth on Attachments Nos. 1 and 2
hereof and does authorize any member of the City Council to submit an argument against either or
both of said ballot measures, and to change the arguments for or against such measure(s), until _5:00
p.m., on August 1, 2006.
SECTION 2.
That, in accordance with Section 9283 of the Elections Code of the State of
California, 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 each of said ballot measures may include, but shall not be limited to, the Mayor and other
members of the City Council.
SECTION 3.
That the City Council directs the City Clerk to transmit a copy of said measures to the
City Attorney who shall prepare an impartial analysis of each such measure. The impartial analysis
shall be filed with the City Clerk not later than 5:00 p.ni., August 1, 2006.
SECTION 4.
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 25th day of July, 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Chavez, Hernandez, Galloway
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF THE C O ANAHEIM
A'I"I'E
I
ITY CLER OF HE CITY OF ANAHEIM
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ATTACHMENT NO. 1
That new Section 402 be, and the same is hereby, added to the Charter of the City of
Anaheim, to read as follows:
Section 402. LIMITATIONS ON USE OF EMINENT DOMAIN.
Neither the City of Anaheim nor any City-affiliated agency may exercise the power
of eminent domain to acquire any property from any private owner thereof, without such
owner's consent, when the purpose of the acquisition is the intended conveyance of the
property so acquired to any other private party, for the conduct of any for-profit commercial
activity or for-profit residential development, sales or leasing. Nothing contained in this
section shall be deemed to prohibit acquisitions of property interests by eminent domain for
the purpose of either (i) conveying such acquired interests to the owner of other property
affected by a public acquisition of property in orderto mitigate impacts of the acquisition or
the project to be constructed on such other property, or (ii) the development of any facilities
to be operated by the City or any facilities of which the City is or shall be an owner.
As used in this section, the following terms shall have the following ascribed
meanings:
"Owner" means the owner of the fee title interest in the property to be acquired,
as shown on the last equalized assessment roll, or other more current proof of vesting
the City may have.
Property" shall mean any interest in real or personal property otherwise subject to
acquisition through the use of eminent domain.
"City-affiliated agency" shall mean the Anaheim Redevelopment Agency,
Anaheim Housing Authority, and any other entity possessing the power of eminent
domain the governing board of which is solely composed of, or is solely appointed by,
the members of the City Council of the City of Anaheim.
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ATTACHMENT NO. 2
Section 519. GAMBLING ACTIVITIES AND GAMBLING FACILITIES PROHIBITED.
No ordinance shall be adopted by the City Council which would permit or authorize any
gambling activities or gambling facility 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 or approve any license, permit or other entitlement,
including but not limited to any zoning reclassification or zoning code amendment, which would
directly or indirectly result in the authorization, approval, establishment or expansion of any
gambling activities or gambling facility 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 gambling activities or gambling facility where a protest or objection procedure is
available to the City and where failure to so protest or object could result in the approval,
establishment or expansion of any gambling activities or gambling facility in the City of Anaheim or
which could authorize any gambling activities or gambling facility to be so established or expanded;
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, any gambling activities or gaming facility in the City of Anaheim, including, but not limited toy
any agreement or understanding relating to any gambling activities or gambling facility which would
result in the receipt by the City of any revenue of any kind from such gambling activities or
gambling facility.
The term "gambling activities" as used in this section shall mean any game, contest or
activity in which one or more players wager, stake or otherwise risk money, checks, credits,
merchandise, chips, markers or other items of value or representations of value for the chance to win
money, checks, credits, merchandise, chips, markers or other items of value or representations of
value based upon the outcome or result of such game, contest or activity, regardless of whether
chance or skill is the determining factor, except those certain games, contests and activities lawfully
permitted in the City of Anaheim as of November I, 2006.
The term "gambling facility" as used in this section shall mean any property, lot, building or
structure used in whole or part for any gambling activities.
Nothing contained in this section shall be deemed to apply to any gambling activities or
gambling facilities which are beyond the power of the City of Anaheim to prohibit.
Nothing contained in this section shall be deemed to prohibit the adoption of an initiative
measure by the electorate of the City of Anaheim relating to gambling activities or gambling
facilities in the City of Anaheim, nor shall be deemed to prevent the City Council from prohibiting or
otherwise regulating any games, contests or activities which were permitted within the City of
Anaheim as of November 1, 2006, to the extent it is within the power of the City to do so.
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