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RES-2010-064RESOLUTION NO. 2010- 064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES TO BE SUBMITTED TO THE ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 2, 2010, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES OF SUCH MEASURES WHEREAS, a General Municipal Election is to be held in the City of Anaheim, California, on November 2, 2010, at which election there will be submitted to the electors of the City two measures proposing amendments to the Charter of the City of Anaheim, as set forth on Measure Nos. 1 and 2 attached hereto, which measures are incorporated herein by this reference; and 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 the adoption of said 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 arguments for and against the adoption of said measures by the Mayor and other members of the City Council in accordance with Section 9282 of the Elections Code of the State of California. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 That the City Council authorizes the Mayor of the City of Anaheim to prepare and file written arguments in favor of each of the ballot measures set forth on Measure Nos. 1 and 2 hereof and does authorize any member of the City Council to submit an argument against either or both of said ballot measures, and to change the arguments for or against such measure(s), until 5:00 p.m., on July 26, 2010. SECTION 2 That, in accordance with Section 9283 of the Elections Code of the State of California, the printed names and signatures of not more than five authors shall appear with any argument submitted in accordance with this resolution. The authors of any argument submitted for or against each of said ballot measures may include, but shall not be limited to, the Mayor and other members of the City Council. SECTION 3. That, pursuant to Elections Code Section 9287, in the event more than one argument for or more than one argument against the ballot measures set forth in Measure Nos. 1 and 2, 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 each 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 Mayor and/or members of the City Council; (b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measures; (c) Bona fide associations of citizens; and (d) Individual voters who are eligible to vote on the measures. SECTION 4 That the City Council directs the City Clerk to transmit a copy of said measures to the City Attorney who shall prepare an impartial analysis of each such measure. The impartial analysis shall be filed with the City Clerk not later than 5:00 p.m., July 26, 2010. SECTION 5 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 8th day of June, 2010, by the following roll call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Kring NOES: NONE ABSENT: Council Member Galloway ABSTAIN: NONE CITY OF EIM By MAYOR OF THE CIT AN EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 77352.1 3 MEASURE NO. 1 That new Section 1213 be, and the same is hereby, added to the Charter of the City of Anaheim to read as follows: Section 1213. PROHIBITION OF AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS (RED LIGHT CAMERAS). No ordinance shall be adopted by the City Council which would permit or authorize any red light camera or other automated traffic enforcement system in the City of Anaheim. Any ordinance adopted by the City Council in violation of this section shall be null and void. Neither the City Council, nor any officer or employee of the City when acting in his or her official capacity, shall (i) take any action which would directly or indirectly result in the authorization, approval or installation of any red light camera or other automated traffic enforcement system in the City of Anaheim; or (ii) acquiesce or concur in any action or decision of any other governmental agency or governmental official having jurisdiction concerning such red light cameras where a protest or objection procedure is available to the City and where failure to so protest or object could result in the authorization, approval, or installation of any red light camera or other automated traffic enforcement system in the City of Anaheim; or (iii) approve, authorize, execute or enter into any agreement or understanding, or take any other action of any nature whatsoever, which would authorize, approve, or in any way facilitate or result in the installation of any red light camera or other automated traffic enforcement system in the City of Anaheim, including, but not limited to, any agreement or understanding relating to the installation of any red light camera or automated traffic enforcement system which would result in the receipt by the City of any revenue of any kind from such cameras or automated system. The term "red light camera or other automated traffic enforcement system" as used in this section shall mean and include any automated traffic enforcement system, as that term is used in California Vehicle Code Section 21455.5, or any successor legislation thereto, which is used to enforce any provision of the California Vehicle Code. 75496 MEASURE NO.2 That new Section 1212 be, and the same is hereby, added to the Charter of the City of Anaheim, to read as follows: Section 1212. USE OF DESIGN -BUILD PROCUREMENT FOR PUBLIC WORKS PROJECTS. Notwithstanding any provision to the contrary in the California Public Contracts Code, in Section 1211 of the Anaheim City Charter, or any other law or regulation of the State of California or the City of Anaheim, the use of design -build procurement by competitive negotiation is authorized. The City Council shall, by ordinance, establish regulations for the award, use and evaluation of such design -build contracts, in which the design and construction of public works projects are procured from a single entity.