1976-506a
RESOLUTION NO. 76R- 506
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REQUESTING THE BOARD OF SUPERVISORS
PURSUANT TO SECTION 23300 ET SEQ., OF THE
ELECTIONS CODE OF THE STATE OF CALIFORNIA TO
CONSOLIDA^1E A SPECIAL ELECTION OF THE CITY OF
ANAHEIM WITH THE STATEWIDE ELECTION TO BE HELD
IN NOVEMBER, 1976.
WHEREAS, Section 23302 of the Elections Code of
the State of California provides that an election called by
a city to submit to the electorate questions or propositions
may be consolidated with a statewide election if the city
at least seventy-four (74) days prior to the date of the
election files with the Board of Supervisors, and a copy
with the County Clerk, a resolution of the City Council
requesting the consolidation and setting forth the exact
form of the question or the proposition to be voted upon; and
WHEREAS, the City Council of the City of Anaheim
desires to submit to the electorate of the City of Anaheim
propositions to amend the Charter of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Anaheim that it does hereby request the Board
of Supervisors of the County of Orange to consolidate a
special election of the City of Anaheim with the general state-
wide election to be held on November 2, 1976.
BE IT FURTHER RESOLVED that the form of the
propositions to be voted upon at such election are as follows:
1. Shall the City Council formulate and propose
for adoption a Mayor -- Council form of
government instead of its current Council --
Manager form of government?
YES
NO
2. Shall Section 501 of the Charter of the City of
Anaheim be amended to provide that no person
shall be eligible to hold office as a member of
the City Council unless he has been a resident
and qualified elector of the City for at least
one (1) year before the person's election or
appointment?
YES
0 NO
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3. Shall Section 703(8) of the Charter of the City
of Anaheim be amended to provide that the City
Attorney shall devote entire time to the duties
of the office?
YES
NO
4. Shall Section 1221 be added to the Charter of
the City of Anaheim to require the City Council
to establish electrical and water rates upon a
cost of service basis and to place a limitation
on transfers from electrical and water revenue
funds to the general fund of the City?
YES
N0.
5. Shall Section 1211 of the Charter of the City of
Anaheim be amended to provide that every contract
involving an expenditure in an amount more than
as specified in Title 4, Division 3, Chapter 6 of
the Government Code, as amended from time to time,
for certain public works be let to the lowest and
best responsible bidder, and if the contract is
less than Ten Thousand Dollars ($10,000.00), allow
the City Council to determine that the work in
question may be performed better or more
economically with City employees and adopt a
resolution to have the work done without further
observance of Section 1211?
YES
NO
BE IT FURTHER RESOLVED that, pursuant to Article 11,
Section 3, of the Constitution of California and Section 34450
et seq., of the Government Code of California, the City Council
of the City of Anaheim propose to submit to the electors of
Anaheim the following Charter amendments (additions are under-
lined and deletions are indicated by cross -outs):
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1. Section 501. ELIGIBILITY.
No person shall be eligible to hold
office as a member of the City Council unless he
is and shall have been a resident and qualified
elector of the City for at least thpee yeape
one (1) year next preceding the date of his
election or appointment.
2. Section 703. CITY ATTORNEY. POWERS AND DUTIES.
To become and remain eligible for City
Attorney the person appointed shall be an attorney
at law duly licensed as such under the laws of the
State of California, and shall have been engaged in
the practice of law for at least three years prior
to his appointment. The City Attorney shall have
the power and may be required to:
(a) Represent and advise the City
Council and all City officers in all matters of law
pertaining to their offices.
(b) Prosecute on behalf of the people
any or all criminal cases arising from violation of
the provisions of this Charter or of City ordinances
and such state misdemeanors as the City has the power
to prosecute, unless otherwise provided by the City
Council.
(c) Represent and appear for the City
in any or all actions or proceedings in which the
City is concerned or is a party, and represent and
appear for any City officer or employee, or former
City officer or employee, in any or all civil actions
or proceedings in which such officer or employee is
concerned or is a party for any act arising out of
his employment or by reason of his official capacity.
(d) Attend all regular meetings of the
City Council, unless excused, and give his advice or
opinion orally or in writing whenever requested to do
so by the City Council or by any of the boards or
officers of the City.
(e) Approve the form of all contracts
made by and all bonds given to the City, endorsing
his approval thereon in writing.
(f) Prepare any and all proposed
ordinances and City Council resolutions and amendments
thereto.
(g) Devote eaeh entire time to the
duties of his the office. as FRaY be egee4!-f4e4 by the
94!ty SeeHe4-;V _
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3. Section 1221. UTILITY RATES.
The City Council shall establish
rates, rules and regulations for—e water an
eiectricai u l i les. The rates snaii be 5ased
upon cost of service and shall be sufficient to
pay:
(a) For operation and maintenance of the system.
(b) For payment of principal and interest on debt.
(c) For creation and maintenance of financial
reserves adequate to assure debt service on
bonds outstanding.
(d)
For
capital construction of new facilities and
(e) For payments to the general fund of the Cit
exclusive of those amounts paid pursuant to
subsection a o this Section 1221).in the
first, second and third fiscal years-
ollowing
e adoption o this Section 1221 as ollows:
first year -- an amount equal to or less
than eight percent o of
gross revenue earned by the
Utility during the previous
fiscal year.
second year -- an amount equal to, or less
than six percent (65) of the
gross revenue earned by the
Utility during the previous
fiscal year.
third year
and each
succeeding year -- an amount equal to or less
than our percent 77—the
gross revenue earned by the
Utility during the previous
iscal year.
Rates shall be reviewed by the City Council periodi—
cally to insure that financial goals are being accomplished.
Rates shall be uniform for all consumers within the
same class and shall be based on cost of service for the class;
but different rate schedules may be applied to different
classes of consumers. Notwithstanding the foregoing, lifeline"
rates may be established, which in the judgment of the City
Council will provide the minimum quantities of water and
electricity needed to maintain an acceptable standard of living,
at rates not necessarily based on cost of service.
0
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4. Section 1211. CONTRACTS ON PUBLIC WORKS.
Except as hereinafter expressly
provided, every contract involving an expenditure
in excess of an amount as specified in Title 4,
Division 3, Chapter 6 of the Government Code of
California as amended from time to time e -f FA.eve
t'haa 9we-Tiq"eaa4 P-:�-Ve H+Hq4Fe4 -Pei-lava
for the construction or improvement (excluding
maintenance and repair) of public buildings, works,
streets, drains, sewers, utilities, parks and
playgrounds, and each separate purchase of
materials or supplies for the same, where the
expenditure required for such purchase shall exceed
the sum as specified in Title 4, Division 3,
Chapter 6 of the Government Code of California,
as amended from time to time, F-i-ve
H�Kft4ved -Peg-4aPe 23�i88T88 -y shall be let to the
lowest and best responsible bidder after notice
by publication in the official newspaper by two or
more insertions, the first of which shall be at
least ten days before the time for opening bids.
The City Council may reject any and
all bids presented and may readvertise in its
discretion. After rejecting bids, or if no bids
are received, or without advertising for bids if
the total amount of the contract or project is
less than Ten Thousand Dollars ($10,000.00),,
P4-ve TiReaeand Pe -14 -a -Fs rjf888T88 the City Council
may declare and determine that in its opinion, the
work in question may be performed better or more
economically by the City with its own employees,
or that the materials or supplies may be purchased
at a lower price in the open market, and after the
adoption of a resolution to this effect by the
affirmative votes of a majority of the total members
of the City Council, it may proceed to have said
work done or such materials or supplies purchased
in the manner stated without further observance of
the provisions of this Section. Such contracts may
be let and such purchases made without advertising
for bids if such work or the purchase of such
materials or supplies shall be deemed by the City
Council to be of urgent necessity for the
preservation of life, health or property, and shall
be authorized by the affirmative votes of at least
two-thirds of the total members of the City Council.
Projects for the extension, replace-
ment or expansion of the transmission or distribu-
tion system of any existing public utility operated
by the City or for the purchase of supplies or
equipment for any such project or any such utility
may be excepted from the requirements of this
Section by the affirmative vote of a majority of
the total members of the City Council.
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THE FOREGOING RESOLUTION is approved and signed
me this 18th day of August, 1976.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
ARW: j
MINE
•
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
•I
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Resolution No. 76R-506 was intro-
duced and adopted at an adjourned regular meeting provided by law, of
the City Council of the City of Anaheim held on the 18th day of August,
1976, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour and Thom
NOES: COUNCIL MEMBERS: Kott
ABSENT: COUNCIL MEMBERS: Roth
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 76R-506 on the 18th day of
August, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of Anaheim this 18th day of August, 1976.
CITY CLERK OF THE CIT OF ANAHEIM
(SEAL)
I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
76R-506 duly passed and adopted by the Anaheim City Council on
August 18, 1976.
City Clerk/