92-165 RESOLUTION NO. 92R-165
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM, CALIFORNIA,
ORDERING THE SUBMISSION OF PROPOSED
AMENDMENTS TO THE CITY CHARTER AND
AN ADVISORY MEASURE TO THE ELECTORS
OF SAID CITY AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD IN
SAID CITY ON NOVEMBER 3, 1992.
WHEREAS, pursuant to Section 1302 of the City Charter,
the city Council of the City of Anaheim heretofore adopted its
Resolution No. 92R-142 calling and giving notice of the holding
of a general municipal election in the city of Anaheim to be held
on Tuesday, November 3, 1992; and
WHEREAS, pursuant to authority provided by Section 3 of
Article XI of the Constitution of the State of California,
Section 1303 of the Anaheim City Charter, 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, pursuant to the authority of Section 1302 of
the Charter of the City of Anaheim and Section 5353 of the
Elections Code of the State of California, the City Council of
the City of Anaheim desires to submit a certain measure to the
electors of the City of Anaheim for the purpose of allowing said
electors to voice their opinion on said issue; and
WHEREAS, the City Council desires that said ballot
measure be submitted to the electors of the City for an advisory
vote only, and that the results of said advisory vote shall in no
manner be controlling or binding on the City Council; 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 and said advisory ballot measure
to the qualified electors of said city at the general municipal
election to be held in said City on November 3, 1992.
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, Section 1303 of the Anaheim City
Charter, and Section 4080 et seq. of the California Elections
Code, it is hereby ordered that the following ballot measures
Said Measure No. 3 shall appear upon the ballots for
the general municipal election in substantially the following
form:
CLOSED SESSION MEETINGS. TECHNICAL ~%MENDMBNT. Shall
Sections 510 and 904 of the City Charter be amended YES
to conform to the requirements of state law
concerning the permissible grounds for holding closed
session meetings by the city 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
the general municipal election in substantially the following
form:
M~XIMUM FINES. TECHNICAL AMENDMENT. Shall Sections
515 and 1501 of the City Charter be amended to YES
increase the maximum fine for Charter or ordinance
violations from $500 to $1000 to conform to state
law and to allow future fine increases in conformance NO
with state law changes?
Meas6re 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:
PUBLIC CONTRACT BIDDING. TECHNICAL AMENDMENT. Shall
Section 1211 of the city Charter be amended to conform YES
certain language in said section to the provisions of
state law relating to the requirement to award certain
public works contracts to the lowest responsible bidder? NO
Measure No. 6:
The full text of Measure No. 6 (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:
CLAIMS AGAINST THE CITY. TECHNICAL AMENDMENT. Shall
Section 1217 of the City Charter be amended to conform YES
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. 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:
RE~DING OF ORDINAMCEB AND RESOLUTIONS. TECHNICAL
AMENDMENT. Shall Section 511 of the City Charter be YES
amended to authorize the city Council to adopt a single
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 waiver for NO
each ordinance or resolution?
SECTION 2.
That, pursuant to Section 1302 of the Charter of the
City of Anaheim and Section 5353 of the Elections Code of the
State of California, the hereinafter specified ballot proposal be
submitted for an advisory vote only, to the electors at the
general municipal election to be held in the City of Anaheim on
November 3, 1992:
Measure No. 8:
Said ballot proposal hereby submitted to the electors
of the City of Anaheim shall appear upon the ballots for said
general municipal election in the following form:
ADVISORY VOTE ONLY
Cl%I~PAION CONTRIBUTION LINITS. YES
Should the City Council adopt an
ordinance limiting the amount of L
campaign contributions a city
candidate may receive from any NO
single source to $1,000 per
election?
SECTION 4.
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 5.
That the polls for the election shall be open at seven
o'clock a.m. of the day of the election and shall remain open
continuously until eight o'clock p.m. of the same day when the
polls shall be closed, except as provided in Scotion 14301 of the
Elections Code of the State of California.
SECTION 6.
That in all particulars not recited in this resolution,
the election shall be held and conducted as provided by law for
holding general municipal elections.
SECTION 7.
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.
5
SECTION 8.
That the City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of
original Resolutions.
PASSED, APPROVED AND ADOPTED ON 28th day of July, 1992.
JLW:lm
I:\DOCS\ORDRES\R31ELECT.12 6
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 92R-165
was Introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th
day of July, 1992, by the follow!ng vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly 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. 92R-165 on the 29th ~
day of July, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the city of Anaheim this 29th
day of July, 1992.
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. 92R-165 duly passed and adopted by the City Council of the City of Anaheim on July 28, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
Section 503.5. MAYOR AND CITY COUNCI~._'%~RM LIMITATIONS.
_No DersoQ__s_h~all ~9~Y~ as Mayor or as member of the
City Council for a combined peu_i_o~d_of more than eiq_ht consecutive
]fears. For purposes_.9_f__c_~u~t__i~ng_~.o_~s~ecutive year~s___O_f__s~eyvic_.9~
pursuant to the limitation of this ~section, consecutive periods
of service as Mayor (other th~D_p~rip~d_s w_~h_e__r_e
concurrently as 'the M_~.O~_~nd as a s_e~pa_~_~a_te.~ly
tile city Council) shall be combined with consecutive
service as member of the city Council to determine the co_m_~iD_e_~
period of consecutive ¥ear~__9_f__DDr_.yice which is subject to t_h9
limitation of this section. In add.~ition, any period of serv_i_c~
resultinq from, or which (if the complete t~e~r_m__of_sDr_v_ice~wer~
completed] could result from,__a_D__e_lection or aDpOin_t_me_o~t~wbi_c_h.
period of service commences less than two years f~o_llDwing__tb_e
date of completion of any Du_i._o~r_p~erig~d_._of_~_e~rvic_9_by~s. uc!~_pe~_so_B
shall be combil~p!~_~i~th__s_u_ch prior 10e~r_.ip~_gf_ se~_V%.qe_.~fg~ pBrposes
of determinin_g_ the combined period ~of consecutive
service o[._such perso]!_f_pr~Dr~09s_e~s_of_~t.~hi~s~ sect_iPn~._
~o__p~_rso_o_~_h_all be-- qlig_i~b~l__e_ for fu_r_t~b_er _el~e_c~ti__on_
or ~appo_%D~m_e~3_t_~s_Ma~or o~r m~n_b_~e_r of t~bg_g~i~y Cou]3Ci!_(a~d tl!e~
City_ Clerk she 11 rejR~ct ~_¥_¢[_u~_l~D._~a_q.c_e~p~fg_r__[_i_!ing~_ ~an~
otherwise refuse to process any nominatin~ papers
_e~tB_ivalent d~e_c_.!D?ation of candidac~s___re~i_.red
law for such person) where the term to which such
election or aDDQi~_nt~!e_Dt, w~hen colBb_i~[!~.d__wi__t~b
precedinq cqn_~sD_cB_tive~ yea~r_s__o~__s~_e.r_~i_c_e__~by such
in the prec_edinq~_~_la~g~r~aph~Qf~_th~is_~qt_i_o~,__wo_u_~d_qx~99d_ _a__~o_t_al_
p~f_e__ig_ht consecutive vg_a~rs 9.[_~.~-.yi~c_e3__provided, ~howDv_er,
notwithstanding any other provision_glf__this
service resulting from an
unexpired term of less than two years in lenqth S!!_a~11 b_e___c_Q_unte~
in determininq_cQns~_ecu'_ti_v~e_~_ear~s__qf service for purlpDses~. _of~ this
section.
Any person who shall be ineli~i_ble___fo_l__el_e~iqn~
appointment or further service~_~_s_~Ma~vD~or member
Council due to the limitation set forth in this secti_on__s__h_a_!_l
~ain be eliqible for election___Q~_~pjkointment as M~yor
of the city Council (and a new period of consecutive_~.e_~a~_o_f~
service shall commence) provided not less than two years has or
will have elapsed between the mq~'_t_r_e_c_e_nt date of such
prior service as Mayor or mem~b__e_r_9[_th_e City Counci!__and_the~
effective date of suc_h_p_e¥_s.DD_'~most rec_ent elect_ion_or~
appointment to such office.
Two complete terms of service as ci~ty C_o_u~n_cil~
member pursuant to Charter Section 500, or as elected Mayor
pursuant to Charter Section 504[~)_~._~or_Qn_e complete
Council member and one comp3_et__e_~_er_m as elected Ma]f_or,_s~ha_l_l be
deemed e~uival_ent to eight years of service for
section reQardless of the actua~_DBmber of day_s
A~iA~IIM~'N'I NO. 1
Paqe ] of 2
The phrase "two years" as Used in %his section
shall mean the period between the date of the declaration of the
results of any qeneral municiR~__9!ection held in November~of an_/
even numbered year and the dat~__o~ the declaration of the results
of any qeneral municipal elec~i_Q~_bgjd in November of an~
immediately Drecedinq or immediately succeedinq even numbered
year even thouqh such period may_be more than or less than an
actual,period of two years.
The provisions of this section sh_Dll aDpl~_~_o_a!~
Dersons includinq the Mayor and members of the ~ity Council in
office on the date this section becomes effective and consecutive
years of service by such Mayor and City Council members occurriD~
prior to the date of adoption of this section shall be counted_iR
calculatin~ the limitation on consecutive years of service set
forth in this section; provided, hp_w.~ver, any inc~e_n~_~Qr..o~
member of the City Council in office on the date, this charter
section becomes effective shall be entitled to serve the balance
of the term to which such person was elected or appointed even
thouqh such service results in such Derson servinq more than
eiqht consecutive years in office. Further, any member of the
City Council, includinq the Mavor~_~n office p_n~_No~gmbe~ 3~1992,.
and who would otherwise be ineliqible to seek election to the
office of Mayor in 1994 due to the operation of this_~D~_~!PR~
shall be eliqible for election to the office of Mayor in 1994,
and if so elected shall be eliqible for reelection to the office
of Mayor in 1998, notwithstandinq any other Provision of thi~
section.
ATTACHMENT NO. 1
Page 2 of 2
Section 1221. UTILITY RATES.
The City Council shall establish rates, rules
and regulations for the water and electrical utilities. The
rates shall be sufficient with respect to each utility to pay:
(a) For operations and maintenance of the
system.
(b) For payment of principal and interest on
debt.
(c) For creation and maintenance of
financial reserves adequate to assure debt service on bonds
outstanding.
(d) For capital construction of new
facilities and improvements of existing facilities, 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) in each fiscal year in an ~mount equal to,
or less than, ~u~ eiqht (4~%) of the gross revenue earned by the
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, 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
utility bills and the costs of such discount and other programs
may be paid from utility revenues.
ATTACHMENT NO. 2
Section 510. CITIZEN p~RTICIP~T1ON,
All regula~ 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 ~f~ closed sessions ~J
Bf~R~la~a~la~l~l~fff~l~l~I~ held pursuant to
anF provision of Chapter 9 of Pa~t 1 of.Division 2 of Title $ of
the Government Code of the State of Califo~nia (the Ralph M. B~own
~ct). or any successor statute thereto. No resident o~ property
owner shall .be denied the right to be heard by the City Council.
but such ~i~ht ~hall be subject to such reasonable rules and
regulations as may be authorized or adopted by ordinance.
ATTAC~]MENT NO. ~
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 me~tings, except that
the provisions of this sentence shall not apply to
closed sessions
authorized pursuant to any provision of law.
The city Manager shall designate a secretary
or each of such boards and commissions who need not be a member
~f such board or commission, and who shall keep a record of its
proceedings and transactions. Each board or 6ommission 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.
ATTACtIMENT 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 of
the People of the State of California and/or may be redressed by
civil action. The maximum fine or penalty for conviction of any
misdemeanor shall be the sum of F~/MM~Mf6M One Thousand
Dollars or such'qreater sum as authorized by state law, or a term
of imprisonment for a period not exceeding six months, or both.
The city Council may provide by ordinance CM6 tha____t persons
imprisoned f~/~M~/C~K~/J~I for violation of law or ordinance
may be compelled to labor on public works. The. maximum fine or
penalty for conviction of any infraction shall be as set forth by
state law.
ATTACI~ENT N0. 4
3520V
Page '1 of 2
Section 1501. VIOLATIONS.
Tile violation of any provision of this
Charter shall be a misdemeanor and shall be punishable upon
conviction by a fine of not exceeding F~/~
One Thousand Dollars or such greater sum as authorized by state
law, or by imprisonment for a term of not exceeding six months~ or
by both such fine and imprisonment.
ATTACI~ENT NO. 4
Page 2 of 2
4566V
Section 1211. CONTRACTS ON PUI]LIC
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~M/B6~C 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 re)cot any and all
bids presented and may readvertise in its discretion.
The city Council, without advertising for
~ids if the total amount of the work is less than Fifty Thousand
Dollars ($50,000), or after rejecting bids, or if no bids are
received, may declare and determine that, in its opinion, based on
estimates approved by the city Manager, the work in question may
be performed better or more economically by the city with its own
employees, and after the adoption of a resolution to this effect
by the affirmative vote of a majority of the tota% 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 skall 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
~pansion of the transmission or distribution system of any
~istlng,public utility operated by the City may be excepted from
she 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 ATTACIIMENT NO, 5
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 ~ 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 pr ~ 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 ~EF
forty-five days from the day the same is presented shall be deemed
a rejection thereoff unless such time is extended. by mutual
agreement of the City and the claimant.
ATTACtIMENT NO. 6
4490%;
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 ~ity Clerk. At
the time of adoption of an ordinance or resolution it shall be
read in full~ unless ~f~l~/~/~fl~/~I~l~f~f~/~
C6Mfi~l~6fi/~C~g~Z/ the City Council has adopted a motion at
such meetinq waivinq the readinq in full of all ordinances or
resolutions adopted at such meetinq, or the readi,nq in full of the
specific ordinance or resolution is waived by a motion duly
~opted by the City Council, except that emergency.ordinances
'~all be read in full. In the event that any ordinance is altered
~.ter 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
'nproving of any order for the payment of money. All ordinances
d resolutions shall be signed by the Mayor and attested by the
~ty Clerk.
Any ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation
of the publicpeace, 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 ATTACILMENT NO. 7