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RES-2014-022RESOLUTION NO. 2014-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION OF A BALLOT MEASURE PROPOSING AMENDMENTS TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY ON JUNE 3, 2014 (MEASURE NO. 1 - -- VARIOUS CITY CHARTER AMENDMENTS) WHEREAS, pursuant to Sections 1301 and 1302 of the City Charter, the City Council of the City of Anaheim adopted City Council Resolution No. 2014 -025 calling and giving notice of the holding of a special municipal election in the City of Anaheim to be held on Tuesday, June 3, 2014; and WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of California, Section 1302 of the Anaheim City Charter, and Section 1415(a)(2)(A) 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 a ballot measure proposing amendments to the Charter of the City of Anaheim; and WHEREAS, the City Council of the City of Anaheim is authorized by the California Constitution, the Anaheim City Charter, and by state statute to submit proposed amendments to the Anaheim City Charter to the qualified electors of said City at said special municipal election. The proposed Charter amendments contained in the measure ordered on the June 3, 2014 ballot do not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 That, pursuant to Section 3 of Article XI of the California Constitution, Section 1302 of the Anaheim City Charter and Section 1415(a)(2)(A) of the Elections Code of the State of California, it is hereby ordered that the following ballot measure proposing amendments to the Charter of the City of Anaheim be submitted to the qualified electors of said City at the special municipal election previously called by City Council Resolution No. 2014 -025 to be held in said City on June 3, 2014: 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 hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 1 shall appear upon the ballots for said special municipal election in substantially the following form: MEASURE Yes No VARIOUS CITY CHARTER AMENDMENTS. Shall the Charter be amended to: update and /or remove outdated language; align language with state law; allow combining offices of Treasurer and Finance Director; adjust matters regarding boards/ commissions; authorize financial documents' availability in non -print format; address methods of setting City Manager's compensation; permit delegating Treasurer's appointment to City Manager; clarify and validate application of utility rate transfer to retail rates; and authorize methods for sale of municipal property? SECTION 2 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 3 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 4 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 5 That the notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in such time, form and manner as required by law. 2 SECTION 6 That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this4tWay, of Feb., 2014, by the following roll call vote: AYES: Council Members Eastman, Murray, Brandman and Kring NOES: Mayor Tait ABSENT: None ABSTAIN: None CITY O AHEI By MAY 6R OF THE CITY OF ANAHEIM ' K 6,0 CITY CLERK OF THE CITY OF ANAHEIM Doc;, No. 99771 v.2 3 Attachment No. 1 to City Council Resolution re Various City Charter Amendments CHARTER AMENDMENT MEASURE NO. 1 Section 1 : TEXT OF AMENDMENTS TO ANAHEIM CITY CHARTER. The City Charter of the City of Anaheim is hereby amended as follows ( underlining showing additions and t +ike flffoug showing deletions): PREAMBLE. We the people of the City of Anaheim, State f c do efdain and establish this G th ° l°__ of sunder the Constitution o f s St4e 7 and laws of the state of California in order to secure the benefits of local self - government and to pro vide for an honest and accountable council - manager government do hereby adopt this charter and confer upon the city the following powers subject to the following restrictions and presc by the following �procedures and governmental structure By this action we secure the be of home rule and affirm the values of representative democracy, professional management, strong political leadership citizen participation and regional cooperation Section 402. LIMITATIONS ON USE OF EMINENT DOMAIN. Neither the City of Anaheim nor any City- affiliated agency may exercise the power of eminent domain to acquire any property from any private owner thereof, without such owner's consent, when the purpose of the acquisition is the intended conveyance of the property so acquired to any other private party, for the conduct of any for - profit commercial activity or for - profit residential development, sales or leasing. Nothing contained in this section shall be deemed to prohibit acquisitions of property interests by eminent domain for the purpose of either (i) conveying such acquired interests to the owner of other property affected by a public acquisition of property in order to mitigate impacts of the acquisition or the project to be constructed on such other property, or (ii) the development of any facilities to be operated by the City or any facilities of which the City is or shall be an owner. As used in this section, the following terms shall have the following ascribed meanings: "Owner" means the owner of the fee title interest in the property to be acquired, as shown on the last equalized assessment roll, or other more current proof of vesting the City may have. "Property" shall mean any interest in real or personal property otherwise subject to acquisition through the use of eminent domain. "City - affiliated agency" shall mean the Anaheim Redevelopment Agency or an successor agency as defined in California Health & Safety Code section 34171(j), as may be amended or any successor code section) Anaheim Housing Authority, and any other entity CAO -99893 possessing the power of eminent domain the governing board of which is solely composed of, or is solely appointed by, the members of the City Council of the City of Anaheim. 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 or her 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 is absent 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 or her 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. Section 508. PLACE OF MEETINGS. Except to the extent otherwise required or permitted by law, all meetings shall be held in the Council Chambers of the City Hall, or in such place within the City to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor, or, if he or she should fail to act, by three members of the City Council. Section 601. RESIDENCE. The City Manager need not be a resident of the City at th time f his appeip+"' ° `"'+ he s h a g es tab1ish his r-esideneewithin the City within R; ".' days af4er- his vpaintment, unless d his tent e of e ffiee but he or she may by e required to reside within a reasonable and specific distance of his or her place of employment as determined by the City Council CAO -99893 I Section 603. COMPENSATION AND BOND The City Manager shall be paid a salary commensurate with the responsibilities as chief administrative officer of the City, which salary shall be established by City Council approved agreement, ordinance or resolution. Ti r + " ` shall 4 ifft ' efa4e ety bead a b City. as may be detefmined by the Gi:tt'Geiffleil, th Section 701. APPOINTMENT AND REMOVAL. The City Attorney, City Clerk and City Treasurer shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the City Council p rovided however that the City Council may by ordinance or resolution delegate to the City Manager its vested power to appoint and remove the City Treasurer All other officers, department heads and employees of the City shall be appointed and may be removed as elsewhere in this Charter provided. Section 702. ADMINISTRATIVE DEPARTMENTS. The City Council may provide by ordinance or resolution not inconsistent with this Charter for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. It may further provide by ordinance or resolution for the assignment and reassignment of functions, duties, offices and agencies to offices and departments, and for the number, titles, qualifications, powers, duties, and compensation of all officers and employees, consistent with this Charter. Each department so created shall be headed by an officer as department head. When the positions are not incompatible, the City Council may combine in one person the powers and duties of two or more officers, pfevided, Section 902. APPOINTMENTS. TERMS. The members of each of the boards or commissions hereinafter named in this Article shall be appointed by the City Council from the qualified electors of the City, none of whom shall hold any paid office or employment in the City government. They shall be subject to the removal by motion of the City Council adopted by the affirmative votes of a majority of the total membership thereof. The members thereof shall serve for terms of four years and until their respective successors are appointed and qualified. The terms shall be staggered so that the number of terms on any such board or commission expiring in any year shall not differ by more than one from the number of terms expiring in any other year. Such terms shall expire on the CAO -99893 I dates established by resolution or ordinance of the City Councili thiAiet o f the """"ria* year. A vacancy occurring before the expiration of a term shall be filled by appointment for the remainder of the unexpired term. Section 908. LIBRARY BOARD. POWERS AND DUTIES. There shall be a Library Board consisting of five members which shall have the power and duty to: (a) Make recommendations to the City Council for the operation and conduct of City libraries. (b) Recommend to the City Council rules and regulations and by -laws for the administration and protection of City libraries. (c) Recommend to the City Council the duties and qualifications of the librarian and other officers and employees of the libraries. (d) Make recommendations concerning the acquisition of library materials -s (e) Make recommendations concerning the purchase or lease of real property and the rental or provision for adequate buildings or rooms for library purposes. (f) Make recommendations concerning the borrowing of library materials from and lending library materials to and exchanging library materials with other libraries subject to any costs and expenses approved by the City Council. (g) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and the City Manager. (h) Within sixty days after the close of each fiscal year, report to the City Council on the condition of the libraries for the preceding fiscal year and on such other matters deemed expedient by the Library Board. (i) Stimulate community interest in library activities Encourage individual and citizen groups to donate funds property and services for the development and operation o librar facilities and programs. (i) Exercise such other functions not inconsistent with this Charter as may be prescribed by ordinance. CAO -99893 Section 909. PUBLIC UTILITIES BOARD. POWERS AND DUTIES. There shall be a Public Utilities Board consisting of seven members The Public Utilities Board shall have the power and duty to: (a) Make recommendations to the City Council for the operation and conduct of the water and electric utilities. (b) Make recommendations to the City Council concerning the establishment of rates rules and regulations for the operation of the water and electric utilities (c) Conduct all public hearings for the water and electric utilities including those for the consideration of utility rates and make appropriate recommendations to City Council on the adoption, amendment, or repeal of water and electric rates. (d) Make recommendations to the Citv Council concerning financial matters including the issuance of bonds for the water and electric utilities. (e) Consider and review the annual budget for the water and electric utilities during the process of their preparation and make recommendations concerning it to the City Council and the City Manager. (fl Consider and review the acquisition reliability, improvements extension enlargement, diminution, or curtailment of all or any part of the water and electric utilities and make appropriate recommendations to the City Council. (g) Perform such other duties as may be prescribed by ordinance or resolution of the City_ Council not inconsistent with the provisions of this Charter. Section 1204. BUDGET. FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions theree-f-thereto that it may deem advisable and on or before June 30 it shall adopt the budget with revisions, if any, by the affirmative votes of at least a majority of the total members of the Council. Upon final adoption, the budget shall be in effect for the ensuing fiscal year. Copies thereof eei4ified by the C=4y r! o,a, shall be filed with the City Manager, Director of Finance, City Treasurer, and the person retained by the City Council to perform the post audit function, and a further copy shall be placed, and shall remain on file, in the office of the City Clerk where it shall be available for public inspection. The budget so eei4ified shall be r-epr-edtteed afid eepies made available for- the use ef the publie and of d eats, of iees and ageneies of City.. The adopted budget shall be available in a form so that copies are accessible to the public and the form of availability shall be determined by the Finance Department and may include without limitation publishing the document on the CityLs website and/or distribution by use of electronic communication or media CAO -99893 Section 1210. REVENUE BONDS. Bonds which are payable only out of such revenues as may be specified in such bonds may be issued when the City Council by ordinance shall have established a procedure for the issuance of such bonds. Such bonds, payable only out of revenues, shall not constitute an indebtedness or general obligation of the City. No such bonds payable out of revenues shall be issued without the assent of a majority of the voters voting upon the proposition for issuing the same at an election at which such proposition shall have been duly submitted to the qualified electors of the City. It shall be competent for the City to make contracts and covenants for the benefit of the holders of any such bonds payable only from revenues and which shall not constitute a general obligation of the City for the establishment of a fund or funds, for the maintaining of adequate rates or charges, for restrictions upon further indebtedness payable out of the same fund or revenues, for restrictions upon transfer out of such fund, and other appropriate covenants. Money placed in any such special fund for the payment of principal and/or interest on any issue of such bonds or to assure the application thereof to a specific purpose shall not be expended for any other purpose whatever except for the purpose for which such special fund was established and shall be deemed segregated from all other funds of the City and reserved exclusively for the purpose for which such special fund was established until the purpose of its establishment shall have been fully accomplished. Notwithstanding the foregoing, the City may a46,esell and issue at any time and from time to time revenue bond anticipation notes (including renewal revenue bond anticipation notes) in anticipation of any electric or water revenue bonds heretofore or hereafter authorized by the voters; provided that (i) the aggregate principal amount of such electric revenue bond anticipation notes and the electric revenue bonds in anticipation of which such electric revenue bond anticipation notes were issued outstanding in accordance with their terms at any one time shall not exceed the principal amount of such electric revenue bonds authorized by the voters and (ii) the aggregate principal amount of such water revenue bond anticipation notes and the water revenue bonds in anticipation of which such water revenue bond anticipation notes were issued outstanding in accordance with their terms at any one time shall not exceed the principal amount of such water revenue bonds authorized by the voters. Such revenue bond anticipation notes may be sold, issued and secured in such manner and subject to such terms and conditions as the City Council may prescribe by ordinance; provided that such revenue bond anticipation notes shall CAO -99893 �• Up OWN Notwithstanding the foregoing, the City may a46,esell and issue at any time and from time to time revenue bond anticipation notes (including renewal revenue bond anticipation notes) in anticipation of any electric or water revenue bonds heretofore or hereafter authorized by the voters; provided that (i) the aggregate principal amount of such electric revenue bond anticipation notes and the electric revenue bonds in anticipation of which such electric revenue bond anticipation notes were issued outstanding in accordance with their terms at any one time shall not exceed the principal amount of such electric revenue bonds authorized by the voters and (ii) the aggregate principal amount of such water revenue bond anticipation notes and the water revenue bonds in anticipation of which such water revenue bond anticipation notes were issued outstanding in accordance with their terms at any one time shall not exceed the principal amount of such water revenue bonds authorized by the voters. Such revenue bond anticipation notes may be sold, issued and secured in such manner and subject to such terms and conditions as the City Council may prescribe by ordinance; provided that such revenue bond anticipation notes shall CAO -99893 not constitute an indebtedness or general obligation of the City of Anaheim and are not to be secured by the taxing power of said City. Notwithstanding the foregoing, the City may also sell and issue at any time and from time to time revenue anticipation notes (including renewal revenue anticipation notes) in anticipation of the receipt of revenues of the City's water and electric utilities; provided that the aggregate principal amount of such revenue anticipation notes outstanding in accordance with their terms at any one time shall not exceed, for each of such utilities, an amount equal to 25% of the gross revenue earned by the respective utility during the immediately preceding fiscal year as set forth in the audited financial statements of such utility for such year. Such revenue anticipation notes may be sold, issued, and secured in such manner and subject to such terms and conditions as the City Council may prescribe by ordinance; provided that such revenue anticipation notes shall not constitute an indebtedness or general obligation of the City of Anaheim and are not to be secured by the taxing power of said City. Section 1216. (Left Intentionally Blank) G A iM I S AND D EMANDS . PRESENTATION AND PAYMENT VA ENT �f CAO -99893 _ N • • ■ _ _ Riiuhi CAO -99893 1 / 1 I Mr Section 1217. (Left Intentionally Blank) ^ r44n4C n n n n.mT TuE CITY Section 1219. INDEPENDENT AUDIT. The City Council shall employ at the beginning of each fiscal year, an independent certified public accountant who shall, at such time or times as may be specified by the City Council, at least annually, and at such other times as he or she shall determine, examine the books, records, inventories and reports of all officers and employees who receive, control, handle or disburse public funds and of all such other officers, employees or departments as the City Council may direct. As soon as practicable after the end of the fiscal year, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to be distributed to each member, one to the City Manager, Director of Finance, Treasurer, and City Attorney, respectively, and sufficient additional copies of the audit shall be placed on file in the office of the City Clerk where they shall be available for inspection by the general public_, t financial statement as of the close of the fiscal year shall be p4lished in +he effiei ' nom. available in a form so that copies are accessible to the public and the form of availability shall be determined by the Finance Director and may include, without limitation, publishing the document on the City's website and /or distribution by use of electronic communication or media. 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. CAO -99893 (b) For payment of principal and interest on debt. (c) For creation and maintenance of financial reserves. a to � a b beads (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 122 1) in each fiscal year in an amount equal to, or less than, four percent (4 %) of the gross retail 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, -affia sha» be based an �hz efl - t ` th e , 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 and non- residential customers in the payment of their utility bills and the costs of such discount and other programs may be paid from utility revenues. Section 1222. SALE OF MUNICIPAL PROPERTY. Except as otherwise required by law applicable to a Charter City, the City Council may by ordinance or resolution authorize a method for the sale transfer, exchange or cone ance of CAO -99893 gum .. MUM& Except as otherwise required by law applicable to a Charter City, the City Council may by ordinance or resolution authorize a method for the sale transfer, exchange or cone ance of CAO -99893 title of municipal property, real or personal, by bid, auction, or negotiation for fair market value, as determined by the Purchasing Agent to be in the best interest of the City. Section 2 BALLOT DESCRIPTION As provided in Government Code section 34458.5, the following ballot description is included in this proposed Charter Amendment measure: CHARTER AMENDMENTS: VARIOUS CITY CHARTER AMENDMENTS: This Charter Amendment measure would amend the City Charter to: amend the scope of the Preamble language; remove and /or update outdated language in various Charter sections; use gender neutral terms; align language in various Charter sections with state law; allow the City Manager's compensation to be established by City Council agreement, resolution or ordinance; remove the City Manager's bonding requirement; allow the appointment of the Treasurer to be delegated by the City Council to the City Manager; allow the same person to serve as the Treasurer and Finance Director provided the two offices do not conflict; allow the term of service of board /commission members to be established by ordinance or resolution; modify the duties of the Library Board; add the Public Utilities Board to the City Charter; allow copies of the budget to be made available in a format other than print; allow alternative methods of publishing financial statements other than in print; clarify and validate application of the utility rate transfer to retail rates; allow the City Council to adopt criteria and methods for the sale, transfer, exchange or conveyance of municipal property by ordinance; and other amendments as provided therein. ' This amendment does not give the City Council power to raise its compensation or that of other City officials without voter approval. Section 3: RATIFICATION OF UTILITY RATE TRANSFER Pursuant to article XIII C, section 2, subdivision (b) of the California Constitution, subdivision (e) of section 1221 of the Anaheim City Charter is hereby ratified and amended to clarify the City's authority to transfer gross retail revenue earned by the water and electrical utilities to the City's general fund as specified in that subsection. Section 4: SEVERABILITY It is the intent of the people that the provisions of this Charter Amendment measure are severable and that if any provision of this Charter Amendment measure, or the application thereof to any person or circumstance, is held invalid such invalidity shall not affect any other provision or application of this Charter Amendment measure which can be given effect without the invalid provision or application. Section 5 EFFECTIVE DATE This Charter Amendment measure shall become effective in the manner allowed by law. CAO -99893