RES-2014-029RESOLUTION NO. 2014 -029
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, REPEALING RESOLUTION NO.
2014 -022 AND 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 Anaheim 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, 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 authorize the City Council to submit to the qualified electors of the City ballot
measures proposing amendments to the Charter of the City of Anaheim at the June 3, 2014 special
municipal election; and
WHEREAS, on February 4, 2014, the City Council adopted Resolution No. 2014 -022
ordering the submission of a ballot measure (Measure No. 1) proposing various amendments to the
Anaheim City Charter, including proposed amendments to Charter Section 1221, to the electors of
the City at the June 3, 2014 special municipal election; and
WHEREAS, the City Council now desires to repeal Resolution No. 2014 -022 and
modify Measure No. 1 such that no amendments to Charter Section 1221 are proposed; and
WHEREAS, 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That City Council Resolution No. 2014 -022 is hereby repealed in its entirety and shall
be of no further force or effect.
SECTION 2
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: modernize and
remove outdated language to reflect changes in the
City and law; authorize financial documents'
availability in electronic format; update matters
regarding boards /commissions; allow setting City
Manager compensation by agreement, resolution
or ordinance; authorize methods for selling
municipal property; permit City Council to
delegate Treasurer's appointment /removal to City
Manager; allow Treasurer and Finance Director to
be the same person upon Council approval?
SECTION 3
That the City Clerk is authorized, instructed and directed to procure and furnish any
and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may
be necessary in order to properly and lawfully conduct the election.
2
SECTION 4
That the polls for the election shall be open at seven o'clock a.m. of the day of the
election and shall remain open continuously until eight o'clock p.m. of the same day when the polls
shall be closed, except as provided in Section 14301 of the Elections Code of the State of California.
SECTION 5
That in all particulars not recited in this resolution, the election shall be held and
conducted as provided by law for holding special municipal elections.
SECTION 6
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 7
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 18 day of February 2014, by the following roll call vote:
AYES: Council Members Murray, Eastman, Brandman and Kring
NOES: Mayor Tait
ABSENT: None
ABSTAIN: None
CITY OF HEI
By .
MAYOR OF THE 6TY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
Doc. No. 99771v.2A
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 strike 4weugh showing deletions):
PREAMBLE.
We the people of the City of Anaheim, Sta4e ofGa4if t%i , do ordain md ,.,.*..blisL. t his
Ghai4°,. as the a e ! & of said Cot. under the Constitution and laws of the state
vuua wi uu
of California, in order to secure the benefits of local self - government and to provide 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 prescribed by
following procedures and governmental structure. By this action we secure the benefits 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
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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 a4 the time of his appeii4ment, bu
he shall establish his r-esidenee within the City within ninety days after- his appointment, tifiless
sueh period is e�itended by the City Couneil, and thefeaftef maintain his r-esidenee within the C4-ty
,a,, his tenuf° of e but he or she may be required to reside within a reasonable and
specific distance of his or her place of employment as determined by the City Council
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Section 603. COMPENSATION ^,.TT, Rn'`Tr'
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. The Cit .. shall fur -nis, +o s b an d
as fflay be detefmined by the City Couneil, the pfemitim an sueb bend to be paid by the City.
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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 provided, 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, howevef,
hold the pesitions of City Tfeasttfer- and gir-eetaf of Finanee.
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
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dates established by resolution or ordinance of the City Council
yeaf. 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
(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 of library
facilities and programs.
(i) Exercise such other functions not inconsistent with this Charter as may be prescribed
by ordinance.
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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
(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 City 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.
(f) 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.
(a) 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 gieree-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 City G' °r' , 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
City, eei4ified shall -be fepfedtteed and eepies made available fer- the use of the publie eAid .4
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 City's
website and/or distribution by use of electronic communication or media.
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Section 12 10. 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.
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Notwithstanding the foregoing, the City may also -sell 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
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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) rT n T,. rQ A T.TrI DEMANDS NT1C DD L C DNT A TTlIN AND
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Section 1217. (Left Intentionally Blanks A CTIONS A GA INST TuH GITy
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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_ aa d , epy f
t financial statement as of the close of the fiscal year shall be published in the e ffi
ne 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 1222. SALE OF MUNICIPAL PROPERTY.
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Except as otherwise required by law applicable to a Charter City, the City Council in
by ordinance or resolution authorize a method for the sale, transfer, exchange or conveyance of
title of municipal property, real or personal, by bid, auction, or negotiation for fair market value,
as determined by the Purchasing Age nt 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; modernize and remove
outdated language in various Charter sections to reflect changes in the City and the law
applicable to the City; use gender neutral terms; 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 and removal of the City Treasurer to be delegated
by the City Council to the City Manager; allow the same person to serve as the Treasurer and
Director of Finance 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 electronic format; allow alternative methods of publishing financial
statements other than in print; allow the City Council to adopt criteria and methods for the sale,
transfer, exchange or conveyance of municipal property by ordinance or resolution; and other
amendments as provided therein. This amendment does not give the City Council power to raise
its compensation without voter approval; other than as provided above, this measure does not
give the City Council power to raise compensation of other City officials without voter approval.
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
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Except as otherwise required by law applicable to a Charter City, the City Council in
by ordinance or resolution authorize a method for the sale, transfer, exchange or conveyance of
title of municipal property, real or personal, by bid, auction, or negotiation for fair market value,
as determined by the Purchasing Age nt 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; modernize and remove
outdated language in various Charter sections to reflect changes in the City and the law
applicable to the City; use gender neutral terms; 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 and removal of the City Treasurer to be delegated
by the City Council to the City Manager; allow the same person to serve as the Treasurer and
Director of Finance 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 electronic format; allow alternative methods of publishing financial
statements other than in print; allow the City Council to adopt criteria and methods for the sale,
transfer, exchange or conveyance of municipal property by ordinance or resolution; and other
amendments as provided therein. This amendment does not give the City Council power to raise
its compensation without voter approval; other than as provided above, this measure does not
give the City Council power to raise compensation of other City officials without voter approval.
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
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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.
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