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90-440 RESOLUTION NO. 90R-440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION TO THE ELECTORS OF SAID CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 5, 1991, PROPOSED AMENDMENTS TO THE CHARTER OF SAID CITY. WHEREAS, pursuant to Section 1303 of the City Charter and Section 4010(b) of the Elections Code of the State of California, the City Council of the City of Anaheim heretofore adopted its Resolution No. 90R-416 calling and giving notice of the holding of a special municipal election in the city of Anaheim to be held on Tuesday, March 5, 1991; and WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of California and Section 4080 et seq. 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 certain proposed amendments to the Charter of the City of Anaheim; and WHEREAS, the City Council of the City of Anaheim is authorized by its Charter and by statute to submit said proposed amendments to the city Charter to the qualified electors of said City at the special municipal election to be held in said City on March 5, 1991. NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF ANAHEIM, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 3 of Article XI of the California Constitution and Section 4080 et seq. of the California Elections Code, it is hereby ordered that the following ballot measures proposing amendments to the Charter of the City of Anaheim be submitted to the electors of the City at the special municipal election to be held in said City on March 5, 1991: Measure No. 1: The full text of Measure No. i (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. 1 Said Measure No. 1 shall appear upon the ballots for said special municipal election in substantially the following form: DIRECT ELECTION OF F~¥OR. Shall Sections 500, 501, 503 and 504 of the City Charter be amended to allow any qualified resident to run for Mayor, increase the term of the elected Mayor to four years, make the office of the Mayor YES a separate City Council seat, and prohibit candidates from seeking election as both Mayor NO and City Council member at the same election, which amendments would become effective in 1994; and make technical corrections to said Charter Sections to conform to state law? Measure No. 2: The full text of Measure No. 2 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 2 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 2 shall appear upon the ballots for the special municipal election in substantially the following form: CITY COUNCIL SALARY LIMIT. Shall Section 502 of the City Charter be amended to limit the salaries of members of the city Council YES and the Mayor to the same amounts as established and authorized by state law NO for City Council members in general law (non-charter) cities? SECTION 2. That the ballots to be used at the election shall be in form and content as 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. 2 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, except as provided in Section 14301 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 special municipal elections. SECTION 6. That the 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 7: 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 December 7 , 1990. ATT CITY CLERK, CITY OF (Seal) 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) an adjourned I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby celify that the foregoing Resolution No. 90R-440 was introduced and adopted at/ regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of December, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-440 on the 12th day of December, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of December, 1990. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-440 duly passed and adopted by the Anaheim City Council on December 7, 1990. CITY CLERK OF THE CITY OF ANAHEIM Section 500. CITY COUNCIL. TERMS. Ca) The following provisions shall be in effect and aDDly only until and prior to November 8, 1994: (1) The elective officers of the City shall consist of a City Council of five members elected from the City at large at the times and in the manner provided in this Charter who shall serve for a term of four years and until their respective successors qualify. (2) The five members of the City Council in office at the time this Charter provision takes effect shall continue in office until their successors are elected and qualified. Three members of the City Council shall be elected at the general municipal election held in November, 1986, and each fourth year thereafter. Two members of the City Council shall be elected at the general municipal election held in November, 1984, and each fourth year thereafter. (3) The term of each member of the City Council, including the mayor, shall commence on the first Tuesday following his or her election. Ties in voting among candidates for office, including the office of Mayor, shall be settled by the casting of lots. (b) The following provisions shall be in effect and aDplv on and after November 8, 1994, and, notwithstandinq paragraph (a) above, shall further apDly with regard to all matters concerninq the ~eneral municipal election scheduled to be held on or about November 8, 1994: (1) The elective officers of the City shall consist of a Mayor and four City Council members elected from the City at large and at the times and in the manner provided in this Charter who shall serve for a term of four years and until their respective successors Gualify. The term "City Council," "legislative body," or other similar terms as used in this Charter or any other provision of law shall be deemed to refer to the collective body composed of the Mayor and four city Council members unless such other provision of this charter or other provision of law expressiv provides to the contrary or unless such interpretation would be clearly contrary to the intent and context of such other provision. (2) The mayor and members of the city Council in office at the time this Charter provision takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. The Mayor and two members of the City Council shall be elected at the General municipal election held in November, 1994, and each fourth year thereafter. Two members of the city Council shall be elected at the General municipal election held in November, 1996, and each fourth year thereafter. (3) The term of each member of the City Council, including the Mayor, shall commence on the first Tuesday following his or her election. Ties in votin~ among candidates for office, includin~ the office of the Mayor, shall be settled bv the castinq of lots. ATTACH~NTNO. 1 Page 1 of 5 Section 501. ELIGIBILITY. No person shall be eligible to hold office as the Mayor or a member of the City Council unless he or she is and shall have been a resident and qualified elector of the City for at lca~t onc ycar ncxt prcccding thc datc of hi~ clcction or appointmcnt. at the time of, and for the thirty-day period immediately preceding, filinq of his or her nominatinq papers or such other equivalent declaration of candidacy as may be required or authorized by law, or at the time of, and for the thirty-day period immediately precedinq, his or her appointment to such office. ATTACHMENT NO. 1 Page 2 of 5 Section 503. VACANCIES. A vacancy in the office of Mayor or on the City Council, from whatever cause arising, shall be filled by appointment by the City Council, such appointee to hold office until the first Tuesday following the next general municipal election and until his successor qualifies. At the next general municipal election following any vacancy, a successor shall be elected to serve for the remainder of any unexpired term. As used in this paragraph, the next general municipal election shall mean the next such election at which it is possible to place the matter on the ballot and elect a successor. If the Mayor or a member of the City Council absents himself from all regular meetings of the City Council for a period of thirty days consecutively from and after the last regular City Council meeting attended by such person, unless by permission of the City Council expressed in its official minutes, or is convicted of a crime involving moral turpitude, or ceases to be an elector of the City, his office shall become vacant. The city Council shall declare the existence of any such vacancy. In the event it shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall cause an election to be held forthwith to fill such vacancy for the remainder of the unexpired term. ASTACH~NT NO. 1 Page 3 of 5 Section 504. MAYOR. (a) The followinq provisions shall be in effect and apply only until and prior to November 8. 1994: The Mayor shall be a regular voting member of the City Council, elected from such Council membership at each regular election of the Councilmen. (a) (1) Duties, Term and Eligibility -- The Mayor may make and second motions and shall have a voice and vote in all proceedings. He shall be the official head of the City for ceremonial purposes. He shall have the primary, but not the exclusive, responsibility for communicating the policies, programs and needs of the City government to the people, and as occasion requires, he may inform the people of any major change in policy or program. He shall perform such other duties consistent with his office as may be prescribed by this Charter or as may be imposed by the City Council. The elected Mayor shall serve for a term of two years and until his successor is elected and qualified. No one shall be eligible to hold the office of Mayor, except a duly elected and qualified Councilman who has served as Councilman for two years preceding his election as Mayor. (b) (2) Election of Mayor -- At each general city election, each incumbent Councilman may file for election to the office of Mayor. Those members of the City Council whose terms expire and are filing for re-election, may also file for the office of Mayor, in addition to filing for re-election as Councilman. Councilmen who desire to file for the office of Mayor shall file a declaration of intention with the Office of the city Clerk at the same time and in the same manner as candidates for the office of Councilman. At the election for Mayor, the candidate receiving the highest number of votes shall be declared elected. In determining which candidate shall be elected Mayor, no write-in vote shall be counted. In preparing the ballot for the Mayor's election, the City Clerk shall have printed in large boldface type the following language: "VOTE ONLY FOR A DECLARED CANDIDATE" In case of a tic vote, thc Council--shall select the Mayor from thc candidatcs ticd for highest vote. In case of a vacancy in the office of Mayor, the Council shall select a Mayor from the eligible Councilmen to fill the vacancy. The Office of Mayor shall be deemed vacant when the person holding such office no longer holds office as Councilman for any reason. (o) (3) The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during his absence or disability. (d) Concurrently with those amendments to thc Charter, thcrc shall bc prcscntcd to the clcctors of thc city, thc names of the candidates for thc office of Mayor to be first elected, in conjunction with and pursuant to said Charter ATTAf/qS~TNO. 1 Page 4 of 5 amcndmcnts, and his qualifications and modc of nomination and clcction shall bc as providcd in Scction 504 of thc Chartcr as amcndcd, and said Mayor first clcctcd shall qualify an~ thcrcaftcr assumc thc dutics of his officc on thc first Tucsday, following thc filing with thc Zccrctary of Statc of thc approval of said amcndmcnt by thc ~tatc Lcgislaturc, and said Mayor shall hold officc until thc first Tuckday follo%~ing thc ncxt gcncral municipal clcction, and until hi~ succcssor is clcctcd an~ qualificd, unlc~s sooncr rcmovcd from officc by rccall or othcrwioc. (b) The following Provisions shall be in effect and apply on and after November 8, 1994, and notwithstanding paragraph (a) above, shall further apply with regard to all matters concerning the General municipal election scheduled to be held on or about November 8, 1994: (1) The Mayor shall have the same rights, privileges, Dowers and duties as are held by members of the City Council and shall be regarded as a member of the City Council for all purposes except to the extent expressly inconsistent with anv other provision of this Charter or other applicable law. (2) The Mayor may make and second motions and shall have a voice and vote in all proceedings of the City Council. He shall be the official head of the City for ceremonial purposes. He shall have the Primary, but not the exclusive, responsibility for communicating the Dolicies, programs and needs of the Citv Government to the DeoDle, and as occasion requires, he may inform the people of any major chanqe in policy or proqram. He shall Derform such other duties consistent with his office as may be prescribed bY this Charter or as may be imposed by the city Council. (3) The elected Mayor shall serve for a term of four years and until his successor is elected and qualified. (4) The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall Derform the duties of the Mayor during his absence or disability. (5) Notwithstanding any other provision of this Charter to the contrary, no person shall file nominatin~ papers, or other eGuivalent declaration of candidacy as ma¥ be reGuired or authorized by law, for election to both the office of Mayor and member of the City Council at the same election. The City Clerk shall reiect, refuse to accept for filing, and otherwise refuse to process any such nominatin~ papers or other declaration of candidacy for the office of Mayor or City Council member where such person has previously filed nominatinq papers or a declaration of candidacy for election to the office of Mayor or cit¥ Council member at the same election. In the event a person seeks to simultaneously file nominatin~ paDers or declarations of candidacy for election to both the offices of Mayor and member of the city Council at the same election, the City Clerk shall reject, refuse to accept for filing, and otherwise refuse to process all such nominatin~ papers or declarations of candidacy simultaneously tendered. A~fAf~{MENTNO. 1 Page 5 of 5 Section 502. COMPENSATION. The members of the City Council~ othcr than includin~ the Mayor~ shall receive as compensation for their services as such a monthly salary in thc sum of Four Hundrcd Dollars pcr month, and thc Mayor shall rcccivc as compcnsati~ for his serviccs a monthly salary in thc sum of Eight Hundrcd Dollars pcr month. in such amount as established in accordance with, and limited by, the provisions of law aDDlicable to the salaries of city Council members in ~eneral law cities as set forth in Section 36516 of the Government Code of the State of California or any successor provision thereto. In addition, each member of the City Council shall receive reimbursement on order of the city Council for Council authorized traveling and other expenses when on official duty. In addition, members shall receive reimbursement for itemized routine and ordinary expenses incurred in official duty or such reasonable and adequate amount as may be established by ordinance, which amount shall be deemed to be reimbursement to them of routine and ordinary expenses imposed upon them by virtue of their service as members of the City Council City Councilmc~ ATTACHMENT NO. 2