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90-254 RESOLUTION NO. 90R-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION TO THE ELECTORS OF SAID CITY PROPOSED AMENDMENTS TO THE CHARTER OF SAID CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 6, 1990 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 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 proposed amendments to the City Charter to the qualified voters of said City at a general municipal election to be held in said City on November 6, 1990. NOW, THEREFORE, the City Council of 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 general municipal election to be held in said City on November 6, 1990: Measure No. 1: The full text of Measure No. 1 (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. Said Measure No. 1 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 500 of the City Charter be amended to eliminate the casting of lots as the means to break YES ties in voting for the office of Mayor of Anaheim? NO 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 said general municipal election in substantially the following form: Shall Section 501 of the City Charter be amended to conform to constitutional requirements by YES providing that City Council candidates must be residents of the City of Anaheim for at least 30 days prior to filing nominating papers NO or appointment to office? Measure No. 3: The full text of Measure No. 3 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 5 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 5 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Sections 510 and 904 of the City Charter be amended to conform to the requirements of YES state law concerning the permissible grounds for holding closed session meetings by the City NO Council and its boards and commissions? Measure No. 4: The full text of Measure No. 4 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 4 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 4 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Sections 515 and 1501 of the City Charter be amended to increase the maximum fine YES for Charter or ordinance violations from $500 to $1000 and to allow future fine NO increases in conformance with state law. 050990 2 Measure No. 5: The full text of Measure No. 5 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 5 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 5 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 518 of the City Charter be amended to expressly authorize Stadium and Convention Center YES event agreements to be executed by the Stadium and Convention Center general managers at rates NO fixed or authorized by the City Council? Measure No. 6: The full text of Measure No. § (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 6 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 6 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 601 of the City Charter be amended to conform to limitations contained in the YES California Constitution and authorizing the City Council to require the City Manager to reside within a reasonable distance to his or NO her place of employment? Measure No. 7: The full text of Measure No. 7 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 7 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 7 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Sections 604 and 1206 of the City Charter be amended to authorize the City to contract YES for services under the City's centralized purchasing system? NO Measure No. 8: The full text of Measure No. 8 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 8 attached hereto and incorporated herein by this reference as if set forth in full. 050990 3 Said Measure No. 8 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Sections 705, 706 and 1216 of the City Charter be amended to authorize the use of YES negotiable instruments (checks) which are less expensive than the City warrants currently required for payment of City obligations, and to increase the time limit for presentation of NO claims against the City from 100 days to six months to conform to current state law? Measure No. 9: The full text of Measure No. 9 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 9 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 9 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Article VIII of the City Charter which YES duplicates provisions of state law relating to boards of education and school districts be repealed? NO Measure No. 10: The full text of Measure No. 10 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 10 attached hereto and incorporated herein by this reference as if set forth in full, Said Measure No. 10 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 1100 of the City Charter YES be amended to correct the name of the Public Employees' Retirement System to conform to terminology now used in state law? NO Measure No. 11: The full text of Measure No. 11 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 11 attached hereto and incorporated herein by this reference as if set forth in full. 050990 4 Said Measure No. ll shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 1211 of the City Charter be YES amended to conform certain language in said section to the provisions of state law relatlng to the requirement to award certain public works contracts to the lowest responsible bidder? NO Measure No. 12: The full text of Measure No. 12 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 12 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 12 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 1217 of the City Charter YES~ be amended to conform the time limits within which the City is required to act on claims against the City to the provisions of state law? NO Measure No. 13: The full text of Measure No. 13 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 13 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 13 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 511 of the City Charter be amended - to authorize the City Council to adopt a single YES motion at any City Council meeting waiving the oral reading of the complete text of all ordinances and resolutions adopted at such meeting in lieu of the current procedure which requires a separate NO waiver for each ordinance or resolution? Measure No. 14: The full text of Measure No. 14 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 14 attached hereto and incorporated herein by this reference as if set forth in full. 070590 5 Said Measure No. 14 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 1401 of the City Charter be amended YES to authorize the City Council to grant franchises upon the terms and conditions specified in the ordinance granting the franchise? NO Measure No. 15: The full text of Measure No. 15 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 15 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 1S shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 1221 of the City Charter be amended to authorize the City Council, with YES regard to the City's water and electric utilities, to establish ratepayer discount and other programs to assist residential customers in the payment of their utility bills and allowing NO the cost of such programs to be paid from the City's utility revenues? Measure No. 16: The full text of Measure No. 16 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 16 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No, 16 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 1210 of the City Charter be amended, and shall new Sections 1210.2 YES and 1210.3 be added thereto, authorizing the City Council to sell and issue water and electric utility bonds and notes which are not paid from property taxes and do not constitute an NO indebtedness or general obligation of the City, without an election, under limited circumstances prescribed in the measure? 050990 6 Measure No. 17: The full text of Measure No. 17 (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 17 attached hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 17 shall appear upon the ballots for said general municipal election in substantially the following form: Shall Section 502 of the City Charter be amended to change the salaries of the Mayor YES and members of the City Council to $1200 per month with an adjustment every third year, commencing July 1, 1993, in an amount equal to the average one year change in the Consumer Price NO Index for the previous three years? 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. 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 municipal elections. SECTION 6. That 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. 070590 7 SECTION 7. That the City Clerk shall certi£y to the passage and adoption of this Resolution and enter it into the book o£ original Resolutions. PASSED, APPROVED AND ADOPTED ON July 10 , 1990. ATTEST: CITY CLERK, CITY OF ANAHEIM (Seal) JLW:lm 3614L 050990 8 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the Gtty of Anaheim, do hereby certify that the foregoing Resolution No. 90R-254 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the loth day of July, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Daly, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-254 on the 11th day of July, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 11th day of July, 1990. CITY CLERK OF THE CITY OF ANAHEIM (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-254, duly passed and adopted by the Anaheim City Council on July 10, 1990. CITY CLERK OF THE CITY OF ANAHEIM Section 500. CITY COUNCIL TERMS, 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. The five 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 successo£s a~e elected and qualif.ied. 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. 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, ~I~ other than the office of Mayor, shall be settled by the casting of lots. ATTACHMENT NO. 1 3~42V Section 501. ELIGIBILITY No person shall be eliqible 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 f~/~/l~/~ ~/~/~6~/~/~/~f/~/~l~Z~/~f/~~ at the time of, and for the thirty-day period immediately preceding, filing of his or her nominating papers or such equivalent declaration of candidacy as may be required or authorized by law, or at the time of, and for the thirty-day period immediately preceding, his or her appointment to such office. ATTACt{MENT NO. 2 3434V Section 510. CITIZEN PARTICIPATION. All regular and special meetings of the City Council shall be open and public and all persons shall be permitted to attend such meetings, except that the provisions of this Section shall not apply to ~MZ~ closed sessions ~ ~½Z/~m~/~/~/~ff~l~Z/~m~Z~ held pursuant to any provision of Chapter 9 of Part 1 of.Division 2 of Title 5 of the Government Code of the State of California (the Ralph M. Brown Act), Or any successor statute thereto. No resident or property owner shall be denied the right to be heard by the City Council, but such right shall be subject to such reasonable rules and regulations as may be authorized or adopted by ordinance. ATTACHMENT NO. 3 3519V Page 1 of 2 Section 904. MEETINGS. CHAIRMAN. As soon as practicable, following the first day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of the board or commission. All meetings of said boards and commissions shall be open to the public and all persons shall be permitted to attend such meetings, except that the provisions of this sentence shall not apply to closed sessions authorized pursuant to any Drovision of law. The City Manager shall designate a secretary for each of such boards and commissions who need not be a member of such board or commission, and who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations, which shall be consistent with this Charter and shall be subject to the approval of the City Council. Copies of such rules shall be kept on file in the office of the City Clerk where they shall be available for public inspection. ATTACHMENT NO. 3 4254V Page 2 of 2 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 o~ 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~/~ One Thousand Dollars or such'greater 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 ZM~ that persons imprisoned ~/Z½~/~/J~XI for violation of law or ordinance may be compelled to labor on public works. The maximum fine or penalty for conviction o~ any infraction shall be as set forth by state law. ATTACHMENT NO. 4 Page 1 of 2 Section 1501. VIOLATIONS. The violation of any provision of this Cha~ter shall be a misdemeanor and shall be punishable upon conviction by a fine of not exceeding One Thousand Dollars or such qreater sum as authorized by state law, or by imprisonment for a term of not exceeding six months~ by both such fine and imprisonment. ATTACHMENT NO. 4 Page 2 of 2 4566V 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 Man~ger 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, andfor the conveyance of title thereto. Contracts for the exhibition of events at Anaheim Stadium may be made by the Stadium General Manager or the head of such department or the City Manager 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 exhibition of events at the Anaheim Convention Center may be made by the Convention Center General Manager or the head of such department or the City Manager 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 or 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 person by the City at a regular salary. ATTACHMENT NO. 5 3521V Section 601. RESIDENCE. The City Manager need not be a resident of the City ~/~l~f~l~fl~Z/~~/~/~/~I/~I~½/~ ~~IWf~I~I¢~IW~I~I~I~f~ZI~Z ~/~f/~fff~, but he or she may be reguired to reside within a reasonable and specific distance of his or her Dlace of emDloyment as determined by the City Council. ATTACHMENT NO. 6 3631V Section 604. POWERS AND DUTIES The City Manager shall be the chief administrative officer and head of the administrative branch of the City Government. Except as otherwise provided in this Charter, he shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, subject to the provisions of this Charter, including the personnel provisions thereof, the City Manager shall have power and be required to: (a) Appoint, and he may promote, demote, suspend or remove all department heads, officers and employees of the City except elective officers and those department heads, officers and employees the power of whose appointment is vested by this Charter in the city Council. He m~y authorize the head of any department or office to appoint or remove subordinates in such department or office. No department head shall be appointed or removed until the City Manager shall first have reviewed such %~ appointment or removal with the City Council and received its approval for such appointment or removal. (b) Prepare the budget annually, submit it to the City Council, and be responsible for its administration after its adoption. (c) Prepare and submit to the City Council as of the end of each fiscal year, a complete report on the finances of the City for the preceding fiscal year, and annually or more frequently, a current report of the principal administrative activities of the City. (d) Keep the City Council advised of the financial condition and future needs of the city and make such recommendations as may to him seem desirable. (e) Establish a centralized purchasing system for all City offices, departments and agencies. (f) Prepare rules and regulations governing the contracting for, purchasing, inspection, storing, inventory, ~ distribution and disposal of all supplies, materials~ ~M~ equipment and services required by any office, department or agency of the City government and recommend them to the City Council for adoption by ordinance, and administer and enforce the same after adoption. (g) See that the laws of the State pertaining to the city, the provisions of this Charter and the ordinances, franchises and rights of the City are enforced. (h) Exercise control of all administrative offices and departments of the City and of all appointive officers and employees except those directly appointed by the City Council and prescribe such general rules and regulations as he may deem necessary or proper for the general conduct of the administrative ~ offices and departments of the City under his jurisdiction. (i) Perform such other duties consistent with this Charter as may be required of him by the City Council. 4486V ATTACHMENT NO. 7 Page 1 of 2 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. ATTACHMENT NO. 7 4487V Page 2 of 2 Section 705. CITY TREASURER. POWERS AND DUTIES. The City Treasurer shall have the power and shall be required to: (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~ ~ warrants~ checks, or other negotiable instruments in the manner provided for in this Charterr 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 ordinance or resolution of the City Council. ATTACHMENT NO. 8 Page 1 of 3 3629V 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 neqotiable instruments drawn upon a proper City depository for the approval and siqnature of the City Treasurer and countersiqnature 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 a'11 other money receivable by the City from the County, State or Federal Government, or from any court, office, department or agency of the City are 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 eRd 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 required. ATTACHMENT NO. 8 363OV Page 2 of 3 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 o'f 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. All claims for damages against the city must be presented in writing to the City Clerk within ~h~/h~Z~/~ six months 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 signed by the City Treasurer and countersigned by the Mayor, payable out of the proper fund o~ account. Otherwise he shall reject it. Objections of the Director of Finance may be overruled by the City Council and the warrant or negotiable instrument ordered drawn. The Director of Finance shall transmit such demand, with his approval or rejection thereof endorsed thereon, and warrant or negotiable 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 any 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 reject the demand in whole or in part. ATTACHMENT NO. 8 Page 3 of 3 ARTICLE VIII ( BLANK ) ATTACHMENT NO. 9 4254V section 1100. S~A~E RETIREMENT SYSTEM. Authority and power are hereby vested in the City, its City Council and its several officers, agents and employees to do and perform any act, and to exercise any authority granted, permitted, or required under the provision of the SZ~ Public Employees' Retirement Act, as it now exists or hereafter may be amended, to enable the City to continue as a contracting City under the SE~ Public Employees' Retirement System. The City Council may terminate any contract with the Board of Administration of the SE~E~ PubIic Employees' Retirement System only under authority granted by ordinance adopted' by a majority vote of the electors of the City voting on such proposition at an election at which such proposal is presented. 42541; ATTACHMENT NO. 10 Section 1211. CONTRACTS ON PUBLIC WORKS. Except as hereinafter expressly provided, every contract involving an expenditure in excess of an amount as specified in 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~/~Z 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 re)ecting 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. Projects 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. 4491V ATTACHMENT NO. 11 Section 1217. ACTIONS AGAINST THE 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 CharterA 6~ 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 ~F forty-five days from the day the same is presented shall be deemed a rejection thereof~ unless such time is extended by mutual agreement of the City and the claimant. ATTACHMENT NO. 12 449OV 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 f~/~/~6~f/~/W~/~/~~/~/~f/~ ~6MM~fl~/~f~g~MKf the City Council has adopted a motion at such meetin~ waivinq the readinQ in full of all ordinances or resolutions adopted at such meeting, or the readin~ 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. Unless 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 the 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 ATTACHMENT NO. 13 Section 1401. RESOLUTION OF INTENTION. NOTICE AND PUBLIC HEARING. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the city Clerk to publish said resolution at least once, within fifteen days of the passage thereof, in the official newspaper. The time fixed for such hearing shall not be less than twenty nor more than sixty days after the passage of said resolution. At the time set for the hearing the city Council shall proceed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter it may by ordinance grant the franchise either on the terms and conditions specified in the resolution of intention to grant the same or on such other or different terms and conditions as are set forth in the ordinance qrantinq the franchise as adopted by the city Council, subject to the right of referendum of the people, or it may deny the same. Z½~/f~M~/~g/~6~/Z6/~/~C~K~Mf/~/~W/~6IMC~/~f ATTACHMENT NO. 14 4567V Section 1221. UTILITY RATES. utility bills and the costs of such discount and The City Council shall establish other programs may be paid from utility rates, rules and regulations for the water and revenues. electrical utilities. The rates shall bc upon east of satvise and shallba sufficient with respect to each utility to pay: (a) For operations and mainten- ance of the system. (b) For payment of principal and interest on debt. (c) For creation and mainten- ance of financial reserves adequate to assure debt service on bonds outstanding. (d) For capital construction of new facilities and improvement of existing fac{lities, or maintenance of a reserve fund for that purpose. (e) For payments to the general fund of the City (exclusive of those amounts paid pursuant to subsection (a) of this Section 1221)ran the first, second and third each fiscal years following tha adoption of this Suction 1221 as follows: An amount aqual to, or lags than sight percant (g~) of tha gros~ ravanue earned by tha Utility during the previous fiscal ),ear, ~e¢ond Year An amount equal to, or lass than sin paraunt (6~) of tha gross rayshue aarned by the Utility during the previout fiscal yaar. Third Yaar Bach Suaccading Yaar ,~, in an amount equal to, or leas than, four percent (4%) of the gross revenue earned by the Ut'.'!'.':y utility during the previous fiscal year. Rates shall be reviewed by the City Council periodically to insure that financial goals are being accomplished. Rates shall be uniform for all consumers within the same class and shall be based on the cost of service revenue requirement for the class; but different rate schedules may be applied to different classes of consumers. Notwithstanding the foregoing, "lifulino' ratas may ba a~tablishad, which in tha judgment of the City sounail will prorids tha minimum quantities of water and aleatricity neadad to maintain an acceptshis standard of living, at ratas not nosasso~rily bacad on aost of sarviaa. (Amended Novamber 2, 1976, filad by gearetary of State Da~emher 27, 1976.) the City Council may establish, and revise from time to time, ratepayer discount and other programs to assist residential customers in the payment of their ATTACHMENT NO. 15 SECTION 1210. REVF_~JE BONDS. anticipation noteo and revenue bonds outstanding in accordance with their t~rms at Bonds which are payable only any one time shall not exceed $92 million. out of such revenues as may be specified in Such re¥onue bond anticipation note~ may be such bonds may be issued when the City ~old, iae, uod and secured in such a manner Council by ordinance shall have established a and subj~t to such t~rrn~ and conditions as procedure for the issuance of such bonds. the City Council may proc~eribe by ordinance; Such bonds, payable only out of revenues, provided that such revenue bond anticipation shall not constitute an indebtedness or note0 ehali not censtituto an indebtednes~ or '%.~' general obligation of the City. No such bonds general obligation of the City of Anaheim and payable out of revenues shall be issued are not to be secured by the taxing power of without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such proposition Notwithstanding the foregoing, shall have been duly submitted to the the City may sell and issue at any time and qualified electors of the City. As used in this from time to time, withoat the assent of the Section 1210, the term ~bonds~ shall mean voters, bonds, notes and other evidences of (a) revenue bonds (including renewal or indebtedness. refunding revenue bonds) payable out of revenues of the City's water atillty, It shall be competent for the (b) revenue bond anticipation notes ~' City to make contracts and covenants for the (inc!~_d~ngrenewalrevenuebondanticipation benefit of the holders of any such bends notes) payable out of (i) revenues of the payable only from revenues and which shall City's water utility or (ii) the proceeds of not constitute a general obligation of the City revenue bonds payable out of revenues of the for the establishment of ........ funds, for City~ water utility or (ill) both, the maintaining of adequate rates or charges, (c) revenue bonds (including renewal or for restrictions upon further indebtedness refunding revenue bonds) payable out of payable out of the same funds or revenues, revenues of the City's electric utility, and for restrictions upon transfer out of such (d) revenue bond anticipation notes funds, and other appropriate covenants. (inch!dLngrenewalrevenuebondanticipation Money placed in any such spcc:'a! fund for the notes) payable out of (i) revenues of the payment of principal and/or interest on any City~ electric utility or (ii) the proceeds of Esue of such bends or to assure the revenue bonds payable out of revenues of the application thereof to a specific purpose shall Ci~ electric utility or (iii) both~ not be expended for any other purpose Such revenue bonds and revenue bond whatever except for the purpose for which anticipation notes may be sola; issued and V such speoiat fund was established and shall be secured in such manner and subject to such deemed segregated from all other funds of terms and conditions as the City Council shall the City and reserved exclusively for the prescribe by ordinance; provided that such purpose for which such q:ee:'a! fund was revenue bonds and revenue bond anticipation established until the purpose of its notes (.4) shall not constitute an indebtedness or establishment shall have been fully general obh~ation of the City of /lnaheim, and accomplished. (B) shall not be secured by the taxing power of said City. Notwithstanding th~ foregoing, the City may sob and i~aue at any time and It shall be a precondition to the from time to time revenue bend anticipation issuance of any revenue bonds without the noto~ (including renewal revenue bond assent of the voters putsuant to the imrnediatety anticipation noto~) in anticipation of th~ preceding paragraph of this Section 1210 that revenue bend~ authorized by the voters on the City Coancil shall have adopted a resolution 'n,.~ Juno 2, 1981; provided that the aggregate of intention with respect thereto and such principal amount of such revenue bond resolution shall have become effective. Each -1- ATTACHMENT NO. 16 Page 1 of 5 such resolution of intention shall set forth the accordance with their terms at any one time formal designation, the source or sources of shall not ox~od the principal amount of such payment, the maximum principal amount and water revenue bonds authorized by the veterin the maximum true interest cost of the particular Such revenue bond anticipation notes may be revenue bonds intended to be issued, and shall seld, iaaued and secured in such manner and state that the resolution of intention is subject to subject to such terms and conditions as the referendum in accordance with this paragraplt City Council may proscribe by ordinance; The City Council shall direct the City Clerk to provided that such revenue bond anticipation publish any such resolution of intention at least notes shall not constitute an indebtednose or once, within fifteen days of the passage thereof, general obligation of the City of Anaheim and in the official newspaper. At any titne within are not to be secured by the taxing power of thirty days after such publication a referendary tta~Oiep. petition signed by not less than ten percent of the voters of the City according to the County Notwithstandingtbeforegoing, Clerk~ last official report of registration to the the City may also sell and issue at any time Secretary of State demanding the submission of and from time to time revenue anticipation such resolution of intention to a vote of the notes (including renewal revenue anticipation qualified electors of the City for their assent, notes) in anticipation of the receipt of may be filed with the City Cleric If such a revenues of the City's water and electric referendary petition shall be filed with the City utilities; provided that the aggregate principal Clerk within such thirty day perio~ the amount of such revenue anticipation notes resolution of intention shallnot become effective outstanding in accordance with their terms at unless and until the same shall have been any one time shall not exceed, for each of assented to by the voters. lfnosuchreferendary such utilities, an amount equal to 25% of the petition shall be filed with the City Clerk within gross revenue earned by the respective utility such thirty day pedoa[ the resolution of intention during the immediately preceding fnmal year shall become effective upon the expiration of as set forth in the audited financial such thirty day period Except as provided in statements of such utility for such year. Such this paragraph, all other provisions of this revenue anticipation notes may be sold, Charter relating to referendum shall apply to issued, and secured in such manner and any referendum hereunder, as if the resolution subject to such terms and conditions as the of intention constitutedan ordinance. City Council may pres~ibe by ordinance; provided that such revenue anticipation notes Notwithstandingtheforegoing, shall not constitute an indebtedness or the City may aim ~ell and Boue at any time general obligation of the City of Anaheim and and from time to time revenue bond are not to be secured by the taxing power of anticipation notes (including renewal revenue said City. (Amended June 2, 1981, filed in bond anticipation notes) in anticipation of any off.ice of Secretavd of State, July 20, 1981: electric or water revenue bonds thoretofure or amended November 2, 1982, filed in office of hereafter authorized by the voters; provided Secretary of State, January 18, 1983.) that (i) the aggregate principal amount of such ol~:trio revenue bond anticipation notes SECTION 1210.1 ELECTRICAND WATER and the oleotrio revenue bonds in anticipation REFUNDING REVENUE of which such deetrio revenue bond BONDS. anticipation note0 were issued outt~tanding in Electric and water refunding aoeordano~ with their terms at any one time revenue bonds may be issued to purchase, shall not exceed the principal amount of ouch redeem or retire any bonds heretofore or oloctrlc revenue bonds authorized by the hereafter issued pursuant to Section 1210 or voters and (ii) the aggregate principal amount this Section 1210.1, whenever the City Council of such water revenue bond antioipatinn note~ determines that (1) costs of the City will be and the water revenue bonds in anticipation reduced by the refunding of any bonds, or (2) of which such water revenue bond issuance of the refunding bonds will otherwise anticipation noto~ were ~ued outstanding in be f'mancially advantageous to the City. -2- ATTACHMENT NO. 16 Page 2 of 5 If as a result of the issuing of contained in subparagraph (a) of this Section refunding bonds pursuant to this Section 1210.2: 1210.1, the water or electric utility of the City shall, in any Fiscal Year, re-liTe a reduction An allowance for earnings in principal and interest on debt issued to arising from any increase in the charges made finance such utility when the principal and for service from the Electric Enterprise which interest paid on the refunding bonds in such has become effective prior to the issuance of Fiscal Year is compared to the principal and such Electric Revenue Bonds but which, interest that would have been payable on the during all or any part of said last two refunded bonds in such Fiscal Year, the City completed Fiscal Years, was not in effect, in Coune'ri shall, not later than the last day of an amount equal to 95% of the amount by the next succeeding Fiscal Year, adjust rates which the Oross Revenues should have been of such utility, if n~ry, to reflect fully increased if such increase in charges had been such reduction in principal and interest in effect during the whole of said last two payments as a reduction in costs of service of completed Fiscal Years, as shown by the such utility. certificate or opinion of an independent All provisions of Section 1210 certified accountant or fu-m of certifted public are applicable to refunding bonds, except that accountants employed by the City. notwithstanding Section 1210 no additional election shall be required to authorize their (e) For purposes of this issuance. (Amended June 2, 1981, fried in Seelion 1210.2, Net Revenues of the Electric offace of Secretary of State, July 20, 1981.) Enterprise shall include all investment ineome on all accounts established in the Electric SEC~ON 1210.2 LIMITATION ON Revenue Fund and on all other funds ISSUANCE OF established for the benefit of the holders of E L E C T R I C Electric Revenue Bonds. (d) As used in this Section (a) The City shall not issue 1210.2, the following terms shall have the Electric Revenue Bonds unless, on the date of following meanings: issuance thereof, the Net Revenues of the Electric Enterprise, calculated on sound 'Annual Debt Service~ as accounting principles, as shown by the books computed from time to time with respect to of the City for each of the last two completed any Fiscal Year means the amount of Fiscal Years prior to the adoption of the prinelpal (including required payments into resolution approving the sale of such Electric any sinking account established for the Revenue Bonds as shown by an audit Electric Revenue Bonds)and interest which certificate or opinion of an independent will become due and payable or will accrue in certified public accountant or firm of certified such Fiscal Year on outstanding Electric public accountants employed by the City, plus, Revenue Bonds. at the option of the City, the allowance for earnings hereinafter set forth in subparagraph ~Electric Enterprise~ means (b) of this Section 1210.2, shall have the entire electric system of the City, amounted to at least 1.10 times the Annual including all improvements and extensions Debt Service in the Fiscal Year next later constructed or acquired. succeeding the Fiscal Year in which such Electric Revenue Bonds are issued on all ~Electric Revenue Bonds* outstanding Electric Revenue Bonds. means electric revenue bonds payable from the revenues of the Electric Enterprise, (b) For the purposes of this ranking prior to or on a parity with the Section 1210.2, the following may be added to Electric Revenue Bonds, Second Issue of the (3ross Revenues of the Electric Enterprise 1986, or, if the Electric Revenues Bonds, for the purpose of applying the restrictions Second Issue of 1986, are no longer -3- ATTACHMENT NO. 16 Page 3 of 5 outstanding, electric revenue bonds which Fiscal Years prior to the adoption of the would have ranked prior to or on a parity resolution approving the sale of such Water with the Electric Revenue Bonds, Second Revenue Bonds as shown by an audit Issue of 1986, if such Bonds were still certificate or opinion of an independent outstanding. certified public accountant or firm of certified public accountants employed by the City, plus, "Fiscal Year' means the year at the option of the City, the allowance for period beginning on July I and ending on the earnings hereinafter set forth in subparagraph next following June30. (b) of this Section 1210.3, shall have amounted to at least 1.10 times the Maximum 'Gross Revenues" means all Annual Debt Service in any Fiscal Year rates, fees and charges for providing electric thereafter on all Water Revenue Bonds to be service to persons and real property and all outstanding immediately subsequent to the other fees, rents and charges and other issuance of such Water Revenue Bonds. income derived by the City, from the ownership, operation, use or services of the (b) For the purposes of this Electric Enterprise. Section 1210.3, the following may be added to the Net Revenues of the Water Enterprise for 'Maintenance and Operation the purpose of applying the restrictions Expenses~ means the reasonable and contained in subparagraph (a) of this Section necessary current expenses of maintaining, 1210.3: repairing and operating the Electric Enterprise, including City administrative An allowance for earnings expenses directly attributable to electric arising from any increase in the charges made system functions, but excluding depreciation, for service from the Water Enterprise which interest and amortization, all computed in has become effective prior to the issuance of accordance with sound accounting principles such Water Revenue Bonds but which, during and censistent with existing accounting all or any part of said last two completed practices of the City. Fiscal Years, was not in effect, in an amount equal to 75% of the amount by which the Net ~Net Revenues of the Electric Revenues of the Water Enterprise should Enterprise' means the amount of the Gross have been increased if such increase in Revenues less the Maintenance and charges had been in effect during the whole Operation Expenses. of said last two completed Fiscal Years, as shown by the certificate or opinion of an (e) The provisions of this independent certified accountant or faom of Section 1210.2 shall not apply to Electric certified public accountants employed by the Revenue Bonds issued to purchase, redeem or City. retire any bonds heretofore or hereafter issued pursuant to Section 1210 or Section (e) For purposes of this 1210.1. Section 1210.3, Net Revenues of the Water Enterprise shall include all investment income SECTION 12103 LIMITATION ON on all accounts established in the Water ISSUANCE OF Enterprise Fund and on all other funds WATER REVENUE established for the benefit of the holders of BONDS. the Water Revenue Bonds. (a) The City shall not issue (d) As used in this Section Water Revenue Bonds unless, on the date of 1210.3, the following terms shall have the issuance thereof, the Net Revenues of the following meanings: Water Enterprise, calculated on sound accounting principles, as shown by the books of the City for each of the last two completed ATTACHMENT NO. 16 Page 4 of 5 'Fiscal Year" means the year "Water Enterprise" means the period beginning on July 1 and ending on the entire waterworks system of the City, next following June 30. indudlng all additions to, and improvements and extensions of, said system later "Maximum Annual Debt constructed or acquired. Service' as computed from time to time means the largest of the sums obtained for 'Water RevenueBonds"means the Fiscal Year of computation or any Fiscal water revenue bonds payable from the Year thereafter by totaling the following for revenues of the' Water Enterprise, ranking each such Fiscal Year: prior to or on a parity with the Water Revenue Bonds, 1988 Series, or, if the Water (1) The principal amount of all Revenue Bonds, 1988 Series are no longer serial Water Revenue Bonds payable in such outstanding, water revenue bends which Fiscal Year and outstanding at the date of would have ranked prior to or on a parity such computation; with the Water Revenue Bonds, 1988 Series, if such Bonds were still outstanding. (2) The minimum sinking account payments, if any, payable in such (e) The provisions of this Fiscal Year with respect to the term Water Section 1210.3 shall not apply to Water Revenue Bonds outstanding at the date of Revenue Bonds issued to purchase, redeem or such computation; and retire any bonds heretofore or hereafter issued pursuant to Section 1210 or Section (3) The interest which would 1210.1. be due during such Fiscal Year on the aggregate principal amount of the Water Revenue Bonds which would be outstanding in such Fiscal Year ff the serial Water Revenue Bonds outstanding on the date of such computation are retired as they mature and ff the term Water Revenue Bonds outstanding on the date of such computation, if any, are retired as scheduled in the resolution providing for the issuance of such term Water Revenue Bonds. "Net Revenues of the Water Enterprise' means the amount of the Revenues less the Operating Expenses. "Operating Expenses" of the Water Enterprise means the reasonable and necessaxy current expenses of maintaining, repairing and operating the Water Enterprise, including City admires' trative expenses directly attributable to water system functions, but excluding depreciation and amortization, and debt service requirements of the City's .general obligation water bonds, all computed m accordance with sound accounting principles and consistent with existing accounting practices of the City. ATTACHMENT NO. 16 Page 5 of 5 Section 502. COMPENSATION. The members of the City Council ~M~ including the Mayor shall receive as compensation for their services ~/~ a monthly salary in the sum of F~E Twelve Hundred Dollars per E~/H~ID6XI~/~Z/~Z~ on July 1, 1993, and on July of each third year thereafter, said monthly compensation shall be adjusted by a percentage egual to the average one year increase or decrease in the Consumer Price Index as determined by averaging the annual increases or decreases in the Consumer Price Index for each of the immediately preceding three cale~da£ years. The consumer Price Index used for purposes of this Section shall be the Consumer Price Index published by the united States Department of Labor, Bureau of Labor Statistics (base year 1982-84=100) for all Urban Consumers for the Los Angeles-Anaheim-Riverside metropolitan area (all items) or, in the event said index is discontinued, such other i~dex as is determined to be similar by the city Finance Director. 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. I~ addition, members shall receive reimbursement for itemized routine and ordinary expenses incurred in official duty or such reasonable and adequate amount as may he 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 ATTACHMENT NO. 17 4308V