RES-2006-164RESOLUTION NO. 2006R- 164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, ORDERING THE SUBMISSION OF
A PROPOSED AMENDMENT TO THE CITY CHARTER TO THE
ELECTORS OF SAID CITY AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 7,
2006. (MEASURE NO. 1 - EMINENT DOMAIN)
WHEREAS, pursuant to Section 1302 of the City Charter, the City Council of the
City of Anaheim heretofore adopted its Resolution No. 2006R-i.El calling and giving notice of the
holding of a general municipal election in the City of Anaheim to be held on Tuesday, November
7, 2006; and
WHEREAS, pursuant to authority provided by Section 3 of Article XI of the
Constitution of the State of California, Section 1303 of the Anaheim City Charter, and Section
9255(a)(2) 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 certain proposed 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 said proposed amendments
to the Anaheim City Charter to the qualified electors of said City at said general municipal election.
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 1303
of the Anaheim City Charter and Section 9255(a)(2) of the Elections Code of the State of California,
it is hereby ordered that the following ballot measure proposing an amendment to the Charter of the
City of Anaheim be submitted to the qualified electors of said City at the general municipal election
to be held in said City on November 7, 2006:
Measure No. 1
The full text of Measure No. 1 is set forth on Attachment No. 1 attached hereto and
incorporated herein by this reference as if set forth in full.
Said Measure No. 1 shall appear upon the ballots for said general municipal election
in substantially the following form:
LIMITATION ON USE OF EMINENT Yes
DOMAIN. Shall Section 402 be added to the City
Charter to prohibit the taking of property by the
power of eminent domain for private development No
SECTION 2
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 general 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 1 i day of3uly , 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
FA
CITY OF AHEIM
By
MAYOR OF THE crry 0 oWWNAHEim
ATTEST:
C CLER f OF HE CITY OF ANAHEIM
60876.2
ATTACHMENT NO. 1
That new Section 402 be, and the same is hereby, added to the Charter of the City of Anaheim, to
read as follows:
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, Anaheim
Housing Authority, and any other entity 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.
60103.1