RES-2006-180RESOLUTION NO. 2006 -180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED
TO THE ELECTORS OF THE CITY AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
NOVEMBER 7, 2006
WHEREAS, a General Municipal Election is to be held in the City of Anaheim,
California, on November 7, 2006, 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
Attachments Nos. 1 and 2 hereof, which attachments 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 rebuttal
arguments to any argument submitted for or against the adoption of said measures or either of them.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That, pursuant to Sections 9285 and 9287 of the Elections Code of the State of
California, when the City Clerk has selected the arguments for and against the measures 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 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., August 11, 2006. 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 7, 2006.
SECTION 3.
That the City Clerk shall certify to the passage and adoption of this resolution aild
enter it into the book of original resolutions.
THE FOREGOING RESOLUTION is approved and adopted by the Ciry Council of
the City of Anaheim this 25th day of July, 2006, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Chavez, Hernandez, Galloway
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AHEIM
By
MAYOR OF THE Y O ANAHEIM
ATT
CITY CLERK OF THE CITY OF ANAHEIM
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ATTACHMENT NU. 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.
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ATTACHMENT NO. 2
Section 519. GAMBLING ACTIVITIES AND GAMBLING FACILITIES PROHIBITED.
No ordinance shall be adopted by the City Council which would permit or authorize any
gambling activities or gambling facility 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 or approve any license, permit or other entitlement,
including but not limited to any zoning reclassification or zoning code amendment, which would
directly or indirectly result in the authorization, approval, establishment or expansion of any
gambling activities or gambling facility 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 gambling activities or gambling facility where a protest or objection procedure is
available to the City and where failure to so protest or object could result in the approval,
establishment or expansion of any gambling activities or gambling facility in the City of Anaheim or
which could authorize any gambling activities or gambling facility to be so established or expanded;
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, any gambling activities or gaming facility in the City of Anaheim, including, but not limited to,
any agreement or understanding relating to any gambling activities or gambling facility which would
result in the receipt by the City of any revenue of any kind from such gambling activities or
gambling facility.
The term "gambling activities" as used in this section shall mean any game, contest or
activity in which one or more players wager, stake or otherwise risk money, checks, credits,
merchandise, chips, markers or other items of value or representations of value for the chance to win
money, checks, credits, merchandise, chips, markers or other items of value or representations of
value based upon the outcome or result of such game, contest or activity, regardless of whether
chance or skill is the deternuning factor, except those certain games, contests and activities lawfully
permitted in the City of Anaheim as of November 1, 2006.
The term "gambling facility" as used in this section shall mean any property, lot, building or
structure used in whole or part for any gambling activities.
Nothing contained in this section shall be deemed to apply to any gambling activities or
gambling facilities which are beyond the power of the City of Anaheim to prohibit.
Nothing contained in this section shall be deemed to prohibit the adoption of an initiative
measure by the electorate of the City of Anaheim relating to gambling activities or gambling
facilities in the City of Anaheim, nor shall be deemed to prevent the City Council from prohibiting or
otherwise regulating any games, contests or activities which were permitted within the City of
Anaheim as of November 1, 2006, to the extent it is within the power of the City to do so.
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