Loading...
RES-2014-023RESOLUTION NO. 2014 -023 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. 2— CHANGE TO TERM OF OFFICE -- MAYOR) 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. 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. 1 hereto and incorporated herein by this reference as if set forth in full. Said Measure No. 2 shall appear upon the ballots for said special municipal election in substantially the following form: MEASURE Yes No CHANGE TO TERM OF OFFICE -- MAYOR. Shall Anaheim City Charter Sections 500 and 504 be amended to change the term of office of the Mayor from four years to two years, and to clarify how "eight years of service" is determined for the purpose of calculating term limits for someone serving as Mayor by also by amending Section 503.5? 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. 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 4 day ofFeb. , 2014, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring NOES: None ABSENT: None ABSTAIN: None CITY�EIM By MAY R OF THE CITY OF ANAHEIM ATTES . CITY CLERK OF THE CITY OF ANAHEIM Doc. No. 99771v.3 3 Attachment No. 1 to City Council Resolution re Change to Term of Office- -Mayor CHARTER AMENDMENT MEASURE NO.2 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 strip showing deletions): Section 500. CITY COUNCIL. TERMS. The elective officers of the City shall consist of a Mayor and four City Council members elected from the City at large and at the times and in the manner provided in this Charter-Ake_ City Council members (other than the Mayor) shall serve for a term of four years and until their respective successors q€y are elected and qualified and the Mayor shall serve a term of two years and until his or her successor is elected and qualified The term "City Council," "legislative body," or other similar terms as used in this Charter or any other provision of law shall be deemed to refer to the collective body composed of the Mayor and four City Council members unless such other provision of this c-larter Charter or other provision of law expressly provides to the contrary or unless such interpretation would be clearly contrary to the intent and context of such other provision. The Mayor and members of the City Council in office at the time this Charter provision takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified. The Mayor shall be elected at the general municipal election held in November 2014, and each second year thereafter; and two members of the City Council shall be elected at the general municipal election held in November, 49-942014 and each fourth year thereafter. Two members of the City Council shall be elected at the general municipal election held in November, 44% and each fourth year thereafter. Ties in voting among candidates for office, including the office of the Mayor, shall be settled by the casting of lots. Section 504. MAYOR. The Mayor shall have the same rights, privileges, powers and duties as are held by members of the City Council and shall be regarded as a member of the City Council for all purposes except to the extent expressly inconsistent with any other provision of this Charter or other applicable law. The Mayor may make and second motions and shall have a voice and vote in all proceedings of the City Council. The Mayor shall be the official head of the City for ceremonial purposes. The Mayor shall have the primary, but not the exclusive, responsibility for communicating the policies, programs and needs of the City government to the people, and as occasion requires, he or she may inform the people of any major change in policy or program. CAO -99922 The Mayor shall perform such other duties consistent with his or her office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve for a term of fe�two years and until his or her successor is elected and qualified. Notwithstanding the fourth paragraph of Section 503.5 (as such section existed prior to June 2014) which specifies what constitutes "two complete terms of service ... as elected Mayor" for purposes of the term limits provisions contained in that Section 503.5, if the voters adopt amendments to this Charter Section 504 and Section 500 at the June 3, 2014 election to reduce the term of the Mayor from four to two years and if the voters do not adopt an amendment to the Charter at the same election to eliminate term limits in Section 503.5, then the following provisions shall supersede the language in the fourth paragraph of Section 503.5 in its entirety: Two complete terms of service as City Council member pursuant to Charter Section 500 or four complete terms of service as elected Mayor pursuant to the third paragraph of Charter Section 504 or one complete term as City Council member and two complete terms as elected Mayor shall be deemed equivalent to eight years of service for purposes of Section 503.5 regardless of the actual number of days of service. The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. Notwithstanding any other provision of this Charter to the contrary, no person shall file nominating papers, or other equivalent declaration of candidacy as may be required or authorized by law, for election to both the office of Mayor and member of the City Council at the same election. The City Clerk shall reject, refuse to accept for filing, and otherwise refuse to process any such nominating papers or other declaration of candidacy for the office of Mayor or City Council member where such person has previously filed nominating papers or a declaration of candidacy for election to the office of Mayor or City Council member at the same election. In the event a person seeks to simultaneously file nominating papers or declarations of candidacy for election to both the offices of Mayor and member of the City Council at the same election, the City Clerk shall reject, refuse to accept for filing, and otherwise refuse to process all such nominating papers or declarations of candidacy simultaneously tendered. 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: CHANGE TO TERM OF OFFICE -- MAYOR: This proposed Charter Amendment measure would amend Anaheim City Charter Sections 500 and 504 to change the term of office of the Mayor from four years to two years. This measure would also clarify how "eight years of service" is determined, by amending Charter Section 503.5, for the purpose of calculating term limits for someone serving as Mayor. This amendment does not give the City Council power to raise its compensation or that of other City officials without voter approval. CAO -99922 Section 3: 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 4 EFFECTIVE DATE This Charter Amendment measure shall become effective in the manner allowed by law. CAO -99922