RES-2014-017RESOLUTION NO. 2014 - 017
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON
TUESDAY NOVEMBER 4,2014; ORDERING THE SUBMISSION
OF PROPOSED AMENDMENTS TO THE CITY CHARTER TO
THE QUALIFIED ELECTORS OF SAID CITY AT SAID
GENERAL MUNICIPAL ELECTION (MEASURE NO. L —
REQUIRE COUNCIL MEMBERS BE RESIDENTS OF AND
ELECTED BY DISTRICTS); REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 4, 2014 WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE;
AUTHORIZING IDENTIFIED MEMBERS OF THE CITY
COUNCIL TO AUTHOR AND FILE WRITTEN ARGUMENTS IN
FAVOR OF THE AFOREMENTIONED CHARTER
AMENDMENT MEASURE AND ESTABLISHING PRIORITIES
FOR FILING WRITTEN ARGUMENTS; PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS REGARDING THE
AFOREMENTIONED CHARTER AMENDMENT MEASURE;
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE CHARTER AMENDMENT
MEASURE
WHEREAS, pursuant to authority provided by Section 3 of Article XI of the
Constitution of the State of California, Section 1300 of the Anaheim City Charter, and Section
9255(b)(1) 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 relating to the nomination and election of City Council members from the districts
wherein they reside and only by the registered voters of such districts; 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 said proposed amendments to
the Anaheim City Charter to the qualified electors of said City at a general municipal election to be
held the same date as the November 4, 2014 statewide general election; and
WHEREAS, California Elections Code Section 10400 et seq. authorizes a
municipality to consolidate its election with a statewide election to be held on the same day; and
WHEREAS, it is desirable that the general municipal election called by this
Resolution be consolidated with the statewide general election to be held on the same date and that
within the City the precincts, polling places and election officers of the two elections be the same,
and that the county election department of the County of Orange canvass the returns of the general
municipal election and that the election be held in all respects as if there were only one election; and
CAO -99573v2
WHEREAS, California Elections Code Section 9282(b) provides that the City
Council may authorize any member or members of the legislative body to file a written argument for
or against a City measure and Section 9287 establishes priorities for filing written arguments in favor
and against City measures; and
WHEREAS, California Elections Code Section 9285 authorizes the City Council by
majority vote to adopt provisions for the filing of rebuttal arguments to a City measure submitted at a
municipal election; and
WHEREAS, California Elections Code Section 9281 authorizes a charter city to
specify by ordinance regulations for the submission of arguments as to municipal ballot measures,
including charter amendment measures, that are different from those provided in the Elections Code.
Concurrent with the adoption of this Resolution the City Council has adopted such an ordinance with
respect to the proposed Charter amendment measure addressed by this Resolution; and
WHEREAS, the City of Anaheim currently elects both its Mayor and its four City
Council members using an at -large election system. The City incorporated that system of election
into its Charter in 1965 when the population of the City was approximately 100,000. Today, the
City's population is approximately 346,000 and covers approximately 51 square miles containing
neighborhoods of diverse demographic and socioeconomic character; and
WHEREAS, the system for electing City Council members and the Mayor, set forth in
the City Charter, can be changed by the voters in Anaheim at an election called for that purpose. This
measure is submitted to determine whether the voters of Anaheim want to change the Charter
provisions for the election of City Council members (but not the Mayor) from at -large to by -district;
and
WHEREAS, in the at -large system of electing City Council members, candidates may
reside in any part of the City and are elected by the voters of the entire City; and
WHEREAS, one alternative method of electing City Council members would be to
elect Council members within geographically defined districts within the City ("by -district system").
In a by -district system, a candidate for City Council must reside in the district which he or she
wishes to represent, and only the residents of that district get to decide who their representative will
be. Anaheim does not currently use this method of election. But other cities and all counties do; and
WHEREAS, in an at -large system, because candidates are elected by all the voters in
the City, they must campaign for votes throughout the entire City. Advocates of the by -district
system point out that since the candidates in a by -district system campaign for election only in the
particular district where the candidates reside, the cost of campaigning may be lower than it would
be if they had to campaign throughout the entire City; and
WHEREAS, advocates of the at -large system point out that successful candidates to
the City Council are accountable through the electoral process to voters throughout the City, not only
the voters in a particular district or geographic area of the City; and
CAO -99573v2
WHEREAS, advocates of the by -district system point out that successful candidates
for election to the City Council are accountable through the electoral process to the voters in their
districts, and not to the voters throughout the entire City. Thus, a district's Council member may be
more responsive to the particular constituent needs in the district; and
WHEREAS, the members of the Citizens Advisory Committee, convened by the City
Council in August 2012 to study the City's electoral system, had differing opinions about which
electoral system the City should use; the Committee, however, unanimously voted to support placing
the question of changing the City's electoral system to a by -district system on the ballot; and
WHEREAS, the question of whether to change the at -large system to a by -district
system for City Council members is the only question being submitted to the voters for their
consideration in the Charter amendment placed on the ballot by this resolution. The Mayor,
accountable to the City as a whole, would continue to be elected at -large; and
WHEREAS, the City Council believes that the voters of Anaheim should have the
opportunity to decide how they wish to elect the City Council members and whether to change the
method of election of the City Council members (but not the Mayor) from an at -large to a by -district
system, as proposed in the attached Charter amendment measure.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CALL OF ELECTION; PROPOSED MEASURE
That, pursuant to Section 3 of Article XI of the California Constitution, Section 1300
of the Anaheim City Charter and Section 9255(b)(1) of the California Elections Code, there is called
and ordered to be held in the City of Anaheim on Tuesday, November 4, 2014, a general municipal
election for the purpose of submitting the following proposed Charter amendment measure to the
qualified voters of the City:
The full text of the proposed Charter amendment measure (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.
CAO -99573v2
Said proposed Charter amendment measure shall appear upon the ballots for said
municipal election in the following form:
MEASURE -- L
Yes
REQUIRE CITY COUNCIL MEMBERS BE
RESIDENTS OF AND ELECTED BY
DISTRICTS. Shall City Charter Sections 500, 501
and 503 be amended and Section 500.1 be added to
the Charter (i) requiring City Council member election
from his/her residency district and only by registered
No
voters of that district (but retaining Mayoral election
from the City at large) and (ii) requiring the Council to
establish districts and periodically adjust district
boundaries, and (iii) making conforming
amendments?
SECTION 2. FORM OF BALLOT
That the ballots to be used at the November 4, 2014 election shall be in a form and
content required by law.
SECTION 3. CITY CLERK AUTHORIZATION
That the City Clerk, if necessary to facilitate the requested consolidation and as may
be necessary to undertake other required actions, 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. HOURS FOR POLLING PLACES
That the polls for the election shall be open at seven o'clock a.m. (7:00 a.m.) the day
of the election and shall remain open continuously until eight o'clock p.m. (8:00 p.m.) of the same
day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the
State of California.
SECTION 5. APPLICABLE LAW
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. NOTICES
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.
CAO -99573v2
SECTION 7. REQUEST FOR CONSOLIDATION
That pursuant to the requirements of Section 10403 of the California Elections Code,
the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the
consolidation of a general municipal election with the statewide general election on Tuesday,
November 4, 2014 for the purpose of submitting to the voters the amendment to the City of Anaheim
City Charter specified in this Resolution. The exact form of the question to be voted on as it is to
appear on the ballot is contained in this Resolution.
That the County Elections Department is authorized to canvass the returns of the
general municipal election. The election shall be held in all respects as if there were only one
election, and only one form of ballot shall be used.
That the Board of Supervisors for said County of Orange is requested to issue
instructions to the County Election Department to take any and all steps for the holding of the
consolidated election.
That the City of Anaheim recognizes that additional costs will be incurred by the
County by reason of this consolidation and agrees to reimburse the County for any such costs.
That the City acknowledges that the consolidated election requested by this
Resolution will be held and conducted in the manner prescribed by California Elections Code
section 10418 and, to the extent that anything in this Resolution shall conflict with such provisions,
the provisions of Elections Code section 10418 shall control and supersede such inconsistent
provision(s).
That pursuant to California Elections Code Section 10403, the City Clerk is hereby
directed to file a certified copy of this Resolution with the Board of Supervisors and the County
Elections Official at least 88 days prior to the November 4, 2014 general election.
SECTION S. AUTHORIZATION OF MEMBERS OF THE CITY COUNCIL TO
AUTHOR AND FILE BALLOT ARGUMENT IN FAVOR OF
MEASURE
That Elections Code section 9282(b) expressly permits the City Council to authorize
members of the City Council to prepare, author and file a written argument for or against any City
measure, including proposed Charter amendments. Pursuant to Elections Code section 9282(b), the
City Council hereby authorizes only the following members of the City Council
Tom Tait and Jordan Brandman to jointly prepare, author and file a written argument in
favor of the proposed Charter amendment measure described in Section 1 of this Resolution. The
only authors' names and signatures appearing on an argument filed pursuant to this paragraph shall
be those members of the City Council identified in the previous sentence, as authorized by this
Resolution and the uncodified City Council Ordinance relating to filing of ballot arguments and
rebuttals for this Charter amendment measure. Thus, no other person's(s') and/or entity's(ies')
name(s) and signature(s) shall appear as authors/signors in such written argument jointly filed by the
authorized members of the City Council.
CAO -99573v2
That the City Council and its members (in their official capacities as Council
members or Mayor) are not authorized pursuant to Elections Code section 9282(b) to file a written
ballot argument against the proposed Charter amendment measure described in Section 1 of this
Resolution.
That, except for the argument in favor authorized by this section and any joint rebuttal
argument by authorized members of the City Council pursuant to Section 10, no City Council
member (or Mayor) shall use his or her title as a City Council member (or Mayor) for identification
purposes as an author and signor in the signature block of a ballot argument (as described in
Elections Code section 9282) or rebuttal argument (as described in Elections Code section 9285)
relating to the proposed Charter amendment measure described in Section 1 of this Resolution.
That the provisions of this section shall only apply to the election called in this
Resolution for the proposed Charter amendment measure described in Section 1 at the general
municipal election to be held in the City of Anaheim on November 4, 2014.
SECTION 9. WRITTEN ARGUMENTS AND PRIORITY OF ARGUMENTS
That a ballot argument in favor of or against the proposed Charter amendment
measure shall not exceed 300 words, accompanied by the printed names and signatures of the authors
submitting them in accordance with Section 9283 of the California Elections Code; provided,
however, as authorized by this Resolution and the uncodified City Council Ordinance relating to
filing of ballot arguments and rebuttals for this Charter amendment measure, any ballot argument in
favor of the proposed Charter amendment measure that is jointly submitted by members of the City
Council pursuant to authorization in Section 8 shall only include those authorized members as
authors and signors.
That, pursuant to Elections Code section 9287, in the event more than one argument
for or against the proposed Charter amendment measure described in Section 1 is submitted to the
City Clerk within the time prescribed, the City Clerk shall select one of the arguments in favor and
one of the arguments against the proposed measure for printing and distribution to the voters. In
selecting the argument, the City Clerk shall give preference and priority, in the order named, to the
arguments of the following:
(a) The members of the City Council jointly authorized pursuant to Section 8 of
this Resolution, as to an argument in favor of the proposed Charter amendment measure;
(b) The parties authorized and identified in uncodified Ordinance No. 6295
(Ordinance, inter alia, conditionally authorizing the plaintiffs in Moreno v. Anaheim to file an
argument in favor of the Charter amendment, enacted pursuant to Elections Code section 9281), as to
an argument in favor of the proposed Charter amendment measure;
(c) The individual voter(s), or bona fide association of citizens, or combination of
voters and associations, who are the bona fide sponsors or proponents of the measure;
(d) Bona fide associations of citizens; and
CAO -99573v2
(e) Individual voter(s) who are eligible to vote on the measure.
That if more than one argument in favor or more than one argument against the
proposed Charter amendment measure are timely submitted to the City Clerk and such arguments for
or against the proposed measure, respectively, are authored by individuals and/or associations within
the same priority group identified in items (c) through (e) above, then the City Clerk shall give
preference and priority to that argument initially filed with the City Clerk first in time.
That, in accordance with California Elections Code section 9286(b), the deadline for
filing (and changing or withdrawing) arguments for or against the proposed Charter amendment
measure described in Section 1 with the City Clerk shall be not later than 5:00 p.m. July 7, 2014.
That the provisions of this section shall only apply to the election called in this
Resolution for the proposed Charter amendment measure described in Section 1 at the general
municipal election to be held in the City of Anaheim on November 4, 2014.
SECTION 10. FILING OF REBUTTAL ARGUMENTS
That, pursuant to Sections 9285 and 9287 of the California Elections Code, when the
City Clerk has selected the arguments for and against the proposed Charter amendment measure
described in Section 1 that will be printed and distributed to the voters, the City Clerk shall send
copies of the argument in favor of the measure to the authors of the argument against the measure,
and copies of the argument against the measure to the authors of the argument in favor of the
measure. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The
rebuttal arguments shall be filed with the City Clerk not later than 5:00 p.m. July 17, 2014. Rebuttal
arguments shall be printed in the same manner as direct arguments. Each rebuttal argument shall
immediately follow the direct argument which it seeks to rebut.
That pursuant to this Resolution and the uncodified City Council Ordinance relating
to filing of ballot arguments and rebuttals for this Charter amendment measure, no member of the
City Council jointly authorized pursuant to Section 8 of this Resolution (and no person(s) identified
in Section 9(b) of this resolution) to prepare, author and file an argument in favor of the proposed
Charter amendment measure described in Section 1 shall authorize any other person(s) and/or
entity(ies) to prepare, submit, sign or file a rebuttal argument to the argument against the proposed
Charter amendment measure.
That the provisions of this section shall only apply to the election called in this
resolution for the proposed Charter amendment measure described in Section 1 at the general
municipal election to be held in the City of Anaheim on November 4, 2014.
SECTION 11. DIRECTION TO PREPARE IMPARTIAL ANALYSIS
That pursuant to Elections Code section 9280, the City Council hereby directs the
City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an
impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the
measure on the existing law and the operation of the measure, and transmit such impartial analysis to
the City Clerk by no later than 5:00 p.m. July 7, 2014.
CAO -99573v2
SECTION 12. SEVERABILITY
That the City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this Resolution be declared for any reason to be invalid, it is the
intent of the Council that it would have passed all other portions of this Resolution independent of
tho elimination herefrom of any such portion as may be declared invalid.
SECTION 13. FURTHER ACTION
That City staffare authorized and instructed to review the City Charter for potential
amendments that may be necessary or proper to conform other Charter provisions with the Charter
amendments proposed in this Resolution and, if appropriate, bring an amendment of this Resolution
and the proposed Charter Amendment measure reflecting such conforming changes to the City
Council for consideration in time sufficient under statute to place such measure before the voters at
the municipal election called herein.
SECTION la. CLERK CERTIFICATION
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 this 4th day of February , 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN Mone
CITY C ?,NHEI
By
MA OR OF THE CITY" OF ANAHEIM
A" TES:'
CITY CLERK OF FHE CIT'111.- OF ANAHEIM
CA0-99573v2
Attachment No. 1
Full text of proposed Charter Amendment measure is on the following pages
CAO -99573x2
Attachment No. 1 to City Council Resolution re By -District Elections
CHARTER AMENDMENT MEASURE L
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 strike thr-ough showing deletions):
Section 500. CITY COUNCIL. TERMS.
The elective officers of the City shall consist of a Mayor and four City Council members_
Commencing with the general municipal election of November 2016 the City Council members
shall be residents of their respective Districts as established pursuant to Section 500 1 and
nominated and elected only by the voters of their respective Districts; the City Council shall not
submit to the voters any City Council -sponsored Charter amendment (as described in Elections
Code section 9255(b)(1)Lpealing Charter provisions requiring that City Council members be
elected by voters of their respective Districts earlier than after the November 2018eg n
municipal election. The Mayor shall be elected from the City at large -and. The elective officers
shall be elected at the times and in the manner provided in this Charter whe and shall serve for a
term of four years and until their respective successors qualify. 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 €eer-City Council
members unless such other provision of this 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 Notwithstanding the second sentence in the first paragraph of this Section 500 or the
first sentence in the firsta�ragraph or the first sentence in the third paragraph of Section 501 the
Mayor and members of the City Council in office at the time this Charter provision takes effect
shall continue in office until the expiration of their respective terms and until their successors are
elected and qualified. The Mayor- and two ^m mgrs Recall proceedings, if any, of thesuch City
Council members serving the remainder of a term pursuant to this provision
and the general ...•,n: lection held in Nov mbeF, ' 994of a successor to such City Council
member to complete that term, shall be conducted at large The Mayor shall be elected at the
general municipal election held in November 2014, and each fourth year thereafter. Two
members of the City Council shall be elected at the general municipal election held in
November, ' 2016, and each fourth year thereafter. Two members of the City Council shall
be elected at the general municipal election held in November 2018, 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.
CAO -95628.9
Section 500.1 DISTRICTS.
For the purpose of electing the members of the City Council commencing, with the November
2016 general municipal election, the City shall be divided into single -member districts equal in
number to the number of City Council members, exclusive of the Mayor (each such district a
"District" and, collectively, "Districts"). The City Council shall, by ordinance or resolution
adopted on or before July 8, 2016, establish the names and respective boundaries of the Districts
that shall be used for the election of the Council members, and the transition plan from at -large
elections to District elections. Said Districts shall be in compliance with applicable laws and
such other permissible criteria as the City Council may specify by ordinance or resolution.
Following each decennial federal census, and at other such times that the City Council by at
least a two-thirds vote determines that a sufficient change in population has occurred, the City
Council shall, by ordinance or resolution, adjust the boundaries of any or all of the Districts of
the City so that the Districts shall be as nearly equal in population as may be, consistent with law
applicable to the creation and rearrangement of the boundaries of local districts. No ordinance or
resolution authorized by this section that would change District boundaries created by a prior
ordinance or resolution may be adopted within 180 days prior to any general municipal election.
Any territory annexed to or consolidated with the City shall, prior to or concurrently with
completion of the proceedings therefor, be added to an adjacent District or Districts by the City
Council by ordinance, which addition shall be effective upon completion of the annexation or
consolidation proceedings notwithstanding an other ther provision of the Charter to the contrary_
Section 501. ELIGIBILITY.
No person shall be eligible to hold office as the Mayor or a member of the City Council unless
he or she is and shall have been a resident and qualified elector of the City and, with respect to
members of the City Council elected by -District, of the District of which he or she seeks office at
the time of, and for the thirty -day period immediately preceding, filing of his or her nominating
papers or such other equivalent declaration of candidacy as may be required or authorized by
law, or at the time of, and for the thirty -day period immediately preceding, his or her
appointment to such office.
No employee of the City of Anaheim shall be eligible to hold office as the Mayor or as a
member of the City Council. An employee of the City of Anaheim shall resign from such
employment prior to being sworn into office as an elected or appointed member of the City
Council or as the Mayor. If such employee does not resign his or her employment with the City
prior to being sworn into office, such employment shall automatically terminate upon his or her
being sworn into office.
Every member of the City Council or candidate for City Council shall be and remain a
qualified voter in the District from which he or she seeks office from the time of filing
nomination papers or such other equivalent declaration of candidacy as may be required or
authorized by law, throughout the full term of his or her office if elected or appointed in lieu of
election. No creation of a District or change in the boundary or location of any District shall
CAO -95628.9
abolish or terminate the term of office of any City Council member prior to the expiration of the
term of office for which the member was elected or appointed in lieu of election, notwithstanding
an other of this Section, Section 500, or Section 500.1.
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.
An appointee to the office of Mayor or to the office of member of the City Council shall have the
qualifications for that office as set forth in Section 501: provided, however, that the vacancy of a
City Council member elected at large may be filled without regard to District residency. 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, or as to any City Council member) ceases to be a resident and elector of his or her
District, then 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 2: BALLOT DESCRIPTION.
As provided in Government Code section 34458.5, the following ballot description is included in
this proposed Charter Amendment measure:
CHARTER AMENDMENT (Sections 500, 500.1, 501, 503):
REQUIRE CITY COUNCIL MEMBERS BE RESIDENTS OF AND ELECTED BY
DISTRICTS: This proposed Charter Amendment measure would change the method of electing
City Council members (except the Mayor) by amending the City Charter to require: (i) City
Council member election from residency districts by voters of that district; (ii) the City Council
to establish and periodically adjust district boundaries, and (iii) amendments to the Charter for
City Council eligibility and filling vacancies. This Charter amendment measure does not give
the Council the power to raise its compensation or that of city officials without voter approval.
CAO -95628.9
Section 3: COMPETING MEASURES, COMPLEMENTARY MEASURES.
If any other measure or measures related to the issues of the method of election of City Council
members (including, without limitation, methods requiring City Council members to be residents
of the district from which they are elected by the voters of the entire City at -large — sometimes
called "from districts" or "residency district" methods) and/or the size of the City Council appear
on the same ballot as this Charter Amendment measure, then it is the intent of the voters that the
following shall apply:
(a) This Charter Amendment measure shall not be deemed to conflict with any measure or
measures increasing the number of members of the City Council of the City of Anaheim that
may be approved by a majority of the voters voting on such measure or measures at the same
election. If this Charter Amendment measure and a measure increasing the number of members
of the City Council of the City of Anaheim are approved by a majority of the voters voting at the
same election, then this Charter Amendment measure shall be deemed to be complementary to
the other measure and both this Charter Amendment and such other measure shall take effect. In
such case, and if the measure increasing the number of City Council members was proposed by
the City Council pursuant to Elections Code section 9255(b)(1) and adopted by the voters, then
the voters hereby direct that the City Attorney and City Clerk take ministerial action to
implement conforming language to the City Charter provisions affected by the approval of this
Charter Amendment and such measure increasing the number of City Council members, so that
said Charter provisions are consistent with language in a document entitled "Conforming
Language Prepared by City Attorney" attached as "Attachment No. 2" to the February 4, 2014
City Attorney staff report presented to the City Council for the resolution ordering the placement
of this Charter Amendment on the ballot, which attachment provides conforming language for
the two Charter amendment measures as those measures affect Charter Section 500.
(b) In the event that this Charter Amendment measure and another measure or measures
changing the method by which members of the City Council of the City of Anaheim are elected
(including, without limitation, methods requiring City Council members to be residents of the
district from which they are elected by the voters of the entire City at -large — sometimes called
"from districts" or "residency district" methods) are approved by a majority of the voters voting
at the same election, and this Charter Amendment measure receives a greater number of
affirmative votes than any other such measure or measures, then such other measure or measures
shall be deemed to be in conflict with this Charter Amendment measure, this Charter
Amendment measure shall control in its entirety, and said other measure or measures changing
the method by which members of the City Council of the City of Anaheim are elected shall be
rendered void and without any legal effect.
(c) Notwithstanding (a), in the event that this Charter Amendment measure changing the
method by which members of the City Council of the City of Anaheim are elected and another
measure or measures both (1) increasing the number of members of the City Council of the City
of Anaheim and (2) changing the method by which members of the City Council of the City of
Anaheim are elected are approved by a majority of the voters voting at the same election, and
this Charter Amendment measure receives a greater number of affirmative votes than any other
such measure or measures both (1) increasing the number of members of the City Council of the
CAO -95628.9
City of Anaheim and (2) changing the method by which members of the City Council are
elected, then such other measure or measures shall be deemed to be in conflict with this Charter
Amendment measure, this Charter Amendment measure shall control in its entirety, and said
other measure or measures shall be rendered void and without any legal effect.
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 -95628.9