RES-2016-111RESOLUTION NO. 2 016 -111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR A CITY MEASURE
SUBMITTED TO THE ELECTORS OF THE CITY AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID
CITY ON NOVEMBER 8, 2016
WHEREAS, a General Municipal Election is to be held in the City of Anaheim,
California, on November 8, 2016, at which election there will be submitted to the electors of the City
one measure proposing an amendment to the Charter of the City of Anaheim, as set forth on
Attachment 1 hereof, which attachment is incorporated herein by this reference;
WHEREAS, Section 1302 of the Charter of the City of Anaheim and Section 9282 of
the Elections Code of the State of California authorize the filing of arguments for and against City
measures and for the City elections official to enclose a printed copy of such arguments with the
sample ballot provided to the electors of the City; and
WHEREAS, the City Council hereby desires to authorize the filing of written rebuttal
arguments to any argument submitted for or against the adoption of said measure pursuant to Section
9285 of the Elections Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That Elections Code Sections 9285 and 9287 of the Elections Code of the State of
California, when the City Clerk has selected the argument(s) for and against the measure which will
be printed and distributed to the electors, the City Clerk shall send copies of the argument in favor of
the measure to the author(s) of the argument against the measure, and copies of the argument against
the measure to the author(s) 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. on July 28, 2016. Rebuttal arguments shall be printed in the same
manner as the direct arguments. Each rebuttal argument shall immediately follow the direct
argument which it seeks to rebut.
SECTION 2.
That the provisions of Section 1 shall apply only to the general municipal election to
be held in the City of Anaheim on November 8, 2016.
SECTION 3.
That the City Clerk shall certify 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 21" day of June 2016, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK OF THE CITY O ANAHEIM
2
CITY OF ANAHEIM
By
MAYOR OFTHt CITY OF ANAHEIM
Attachment No. l
Full text of proposed Charter Amendment measure is on the following pages
Attachment No. 1 to City Council Resolution Regarding
Charter Amendment to
Require 2/3 Vote of the City Council to Propose Taxes
CHARTER AMENDMENT MEASURE NO. _
Section 1_: TEXT OF AMENDMENT TO ANAHEIM CITY CHARTER.
The City Charter of the City of Anaheim is hereby amended as follows (underlining showing
additions and stFike dweu& showing deletions):
Section 1208.1. City Council Sponsored Tax Proposals — 2/3 Vote Requirement
Notwithstanding any conflicting provision of this Charter no City Council sponsored
proposal to impose, extend or increase a tax shall be presented at an election unless the ordinance
or resolution proposing to impose, extend or increase such tax is approved by at least a two-
thirds vote of the total members of the City Council. As used in this section the term "tax" shall
_mean both a "general tax" and a "special tax" as defined in Article XIIIC, Section 1 subdivisions
fatand_(d)respectively, of the California Constitution.
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 (Section 1208.1): This Charter Amendment measure would amend
the City Charter to add Section 1208.1. Proposed Section 1208.1 would require any tax proposal
sponsored by the City Council that imposes, extends or increases a tax to be approved by at least
a two-thirds vote of the total membership of the City Council in order to be presented to the
voters at an election, whereas presently only a majority vote of the City Council is required to
place most tax measures on the ballot for voter consideration. The term "tax" in proposed
Section 1208.1 means both "general" and "special" taxes as defined in Article XIIIC of the
California Constitution. A "general tax" is defined in the California Constitution as a tax
imposed for general governmental purposes. A "special tax" is defined in the California
Constitution as a tax imposed for specific purposes, including a tax imposed for a specific
purpose which is placed into a general fund. This amendment does not give the City Council
power to raise its compensation or that of other City officials without voter approval.
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: CONFLICTING MEASURES
In the event that this Charter Amendment measure and another measure or measures relating to
City Council vote approval requirements for the matters described herein shall appear on the
same general municipal election ballot, the other measure or measure shall be deemed to be in
conflict with this Charter Amendment measure. In the event that this Charter Amendment
measure receives a greater number of affirmative votes, the provisions of this measure shall
prevail in their entirety, and the provisions of the other measure or measures shall be null and
void.
If this Charter Amendment measure is approved by the voters but superseded in whole or in part
by any other conflicting measure approved by the voters at the same election, and such other
conflicting measure is later found held invalid, this measure shall be self-executing and given
full force and effect.
Section 6: EFFECTIVE DATE.
This Charter Amendment measure shall become effective in the manner allowed by law.
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