2000-151RESOLUTION NO. 2000R- 151
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM, CALIFORNIA, ORDERING THE
SUBMISSION OF PROPOSED AMENDMENTS TO
THE CITY CHARTER TO THE ELECTORS OF SAID
CITY AT THE GENERAL MUNICIPAL ELECTION
TO BE HELD IN SAID CITY ON NOVEMBER 7, 2000.
WHEREAS, pursuant to Section 1302 of the City Charter, the City Council of the
City of Anaheim heretofore adopted its Resolution No. 2000R-110 calling and giving notice of
the holding of a general municipal election in the City of Anaheim to be held on Tuesday,
November 7, 2000; 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, DECLARE, DETERMINE, AND ORDER 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 measures proposing amendments 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, 2000:
Measure No. 1:
The full text of Measure No. 1 (with additions to and deletions from the current
Charter text indicated thereon) 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:
TECHNICAL AMENDMENTS. Shall specified Yes
sections of the City Charter be amended to delete
redundant and obsolete language, to confoim to
provisions of state law, and to change all gender No
references to include both the male and female
genders?
Measure No. 2:
The full text of Measure No. 2 (with additions to and deletions from the current
Charter text indicated thereon) is set forth on Attachment No. 2 attached hereto and incorporated
herein by this reference as if set forth in full.
Said Measure No. 2 shall appear upon the ballots for said general municipal
election in substantially the following form:
QUALIFICATIONS FOR ELECTIVE OFHCE. Yes
Shall Section 501 of the City Charter be amended to
prohibit city employees from holding office as No
Mayor or City Council member?
Measure No. 3:
The full text of Measure No. 3 (with additions to and deletions from the current
Charter text indicated thereon) is set forth on Attachment No. 3 attached hereto and incorporated
herein by this reference as if set forth in full.
Said Measure No. 3 shall appear upon the ballots for said general municipal
election in substantially the following form:
SPECIAL PROSECUTORS. Shall Section 703 of Yes
the City Charter be amended to prohibit the City
Council from contracting with any person to act as No
a special prosecutor in criminal cases?
Measure No. 4:
The full text of Measure No. 4 (with additions to and deletions from the current
Charter text indicated thereon) is set forth on Attachment No. 4 attached hereto and incorporated
herein by this reference as if set forth in full.
Said Measure No. 4 shall appear upon the ballots for said general municipal
election in substantially the following form:
CITY FUNDS AND EXPENDITURES. Shall Yes
Sections 705 and 706 of the City Charter be
amended to require the City Treasurer to have
custody of all City funds and the Finance Director to
have control of all City expenditures, except where
otherwise authorized by resolution of the City No
Council, and to expressly authorize the Finance
Director to prepare or approve wire transfers,
electronic payments and facsimile signature checks
for City expenditures?
Measure No. 5:
The full text of Measure No. 5 (with additions to and deletions from the current
Charter text indicated thereon) is set forth on Attachment No. 5 attached hereto and incorporated
herein by this reference as if set forth in full.
Said Measure No. 5 shall appear upon the ballots for said general municipal
election in substantially the following form:
UTILITIES RATES. Shall Section 1221 of the Yes
City Charter be amended to permit the City Council
to consider market prices and other relevant No
marketplace factors when settin8 utility rates?
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.
PASSED, APPROVED AND ADOPTED on the 25th day of July ,
2000.
,/U
MAYOR OF THE CITY q~ ANAHEIM
ATTEST:
CITY CLL~tK OF THE CITY OF ANAHEIM
36232.3
4
ATTACHMENT NO. 1
page 1 of 19
Amend Articles I, II and III of the City Charter, in their entirety, to read as follows:
"ARTICLE I
NAME OF CITY
Section 100. NAME.
Th niiiiik[pa| ............. C[~ f
A,,4h~,,, ,h411, ~,,,~,,~ ,~,d ,~,,,,¢,i, u~ to ~i~t ~ The City of Anaheim, hereinafter
termed the City, shall continue to be a municipal corporation under its present
name of"City of Anaheim."
ARTICLE II
BOUNDARIES
Section 200. BOUNDARIES.
City ............
The boundaries of the shall be the b,,,~,~d,..... =- ............
· ..~.~........o.....,~ to .... .... as now established until changed in the manner
authorized by law.
ARTICLE III
RIGHTS, LIABILITIES AND SUCCESSION
Section 300. RIGHTS AND LIABILITIES.
The City of-Amth~-n shall continue to own, possess and control all rights and
property of every kind and nature owned, possessed and controlled by it at the aihe
.........· ...~ ,~,~,,. ..... ~. ~,,,,~ ..... ~.,~,~ on the effective date of this Charter and shall continue
to bc subject to all its lawfully enforceable debts, obligations, liabilities and
contracts.
Section 301. ORDINANCES
/"q/A~I~TrlPTILYTII~qT~ Ti!
........ · ~ ..... E~ECT, RESOLUTIONS
AND OTHER REGULATIONS.
All lawful ordinances, resolutions, roles and regulations,~ald-por~tm~
~ in force at the ...........u,,.,~ u,,~ Chai-tei-take~ effect on the effective date of this
Charter., and not in conflict ' ' ' -
or Inconsistent herewith, ,,, c ,,~, co~ ~v~,,~,,,~,, shall
continue in force until the saiae hav~ beea duly repealed, amended, changed or
superseded by pi-o~.iei- aiithoi-[~-.
ATTACHMENT NO. 1
page 2 of 19
Section 302. RIGHTS OF OFFICERS AND EMPLOYEES PRESERVED.
............................-' ..... ' - U lessotherw' pec'ficallypr 'ded
thea~n in this Charter, nothine contained herein shall affect or impair the
personnel, pension, or retirement rights or privileges of officers or employees of the
City
................... ight
~, ,~, ,~, ~,,~, which r s or pri~eges existed on the effective date of
this Cha~er or an~ amendments hereto.
The .................... pl C[~ ....................
.................................. Chai ~ and
............. E~ 'h-I .... h fG d
.........-d- ~h p elsyst b ............................... '" ' -
I?,~I'ROVEMENTS.
............................... i'ROCEEDiNGS
ATTACHMENT NO. 1
page 3 of 19
DATE ,OF CIIARTER
Amend Section 500 of Article V of the City Charter to read as follows:
"Section 500. CITY COUNCIL. TERMS.
'-' Th .... h Ii .......................
...... of I I d I
~ ' The fo~o.hig piuvliioa~ sha~ be ............. - - ~ .........
(1) ~e elective officers of the City shall consist of a Mayor ~d
fo~ City Council mmbers elected ~om the City at large and at ~e times and in the
m~er provided in this Chaaer who shall se~e for a te~ of four ye~s ~d until
their respective successors quali~. ~e te~ "City Council," "le~slative body," or
o~ simil~ te~s as used in this Cheer or any other provision of law shall be
deemM to ref~ to the collective body composed of the Mayor ~d fo~ City Council
members unless such other provision of this cha~er or oth~ provision of law
expressly provides to the contra~ or unless such inte~retation would be cle~ly
~ntr~ to the intent ~d context of such other provision.
ATTACHMENT NO. 1
page 4 of 19
(-'Z) The Mayor and members of the City Council in office at the
time this Charter provision takes effect shall continue in office until the expiration
of their respective terms and until their successors are elected and qualified. The
Mayor and two members of the City Council shall be elected at the general municipal
election held in November, 1994, and each fourth year thereafier. Two members of
the City Council shall be elected at the general municipal election held in November,
1996, and each fourth year thereafter.
(3) ............. ........ b fth ...... -' - - - ~ I dia~
Ties in voting among candidates for office, including the office of the Mayor, shall
be settled by the casting of lots."
Amend Section 504 of Article V of the City Charter to read as follows:
"Section 504. MAYOR.
· 11~ IOlllJIllli[ pi o¥1l}aglll llllill g 111 ~ ~ till tlFFi~ illll~ lilltll
..........· ~ ...... ~,~ ~. ~. o~ a i ega Iai- volhig ..~..~. ............... ~. m~ ,~.,~' C-~.~il, ~-I-~t~-d
fi 6iii siieh Co 'i bei-sh'p ..................... f tl '"
· ~..d ~.~t.~ ~.d ,hah~,~ ..... ~ ...... ,~,~ ~d= .... ,ot~ s~'-- ai-oceedhi . lie ~h~H- ' b~
.......................... CiO- '
~.~.,~. oi- ~ ,,,~ b~ .,,,vo~ o~ the Coaacd.
.................................' ' - ' -- ' to .....~- -*'' ...... ~'--
lild~ ~i~ IHC !~1 LIIU ~111[~ ~1 lIld}~l} IH IH~IU~II t~ 111111~ 1~! I~'CIC[LIOII ~}
ATTACHMENT NO. 1
page 5 of 19
............................... the CiG Ciei k
shall
,~,,~ pi ;iited ia Iai ge boldface ~,,~
"VOTE, ONLY FOR A
....... d ..... d --= ==--; ............ holdhg - -~ of[ce ho loagei- hold
................ d~g ph ........
....... ~ ..........
(I) ~e Mayor shall have the same rights, privileges, powers ~d
duties as ~e held by members of the City Co~cil and shall be reg~ded as a member
of the City Council for all pu~oses except to the extent expressly inconsistent wi~
~y o~er provision of~is Cha~er or other applicable law.
~ ~e Mayor may m~e ~d second motions ~d shall have a
voice ~d vote in all proceedings of the City Co~cil. lle The Mayor shall be ~e
official head of the City for ceremonial pu~oses. ~ The Mayor shall have the
pfim~, but not the exclusive, responsibility for co~icating ~e policies,
pro.ms ~d needs of the City gove~ent to the people, ~d as occasion requires,
he or sh~ may info~ the people of any major ch~ge in policy or pro.am. ~e Th~
Mayor shall peffo~ such o~er duties consistent with his or he2 office as may be
prescfib~ by ~is Cheer or as may be imposed by the CiW Council.
(3) The ~ Mayor shall se~e for a te~ of fo~ years and
~til his or her successor is elected ~d qualified.
ffi The Ci~ Council shall desi~ate one of its members ~ Mayor
Pro Tempore, who shall se~e in such capacity at the pleasure of~e Ci~ Council.
~e Mayor Pro Tempore shall perform the duties of ~e Mayor during hi~ the
Mayor's absence or disability.
(5) Notwithst~ding ~y oth~ provision of this Cheer to the
con~a~, no person shall file nominating papers, or o~er equivalent decimation of
candidacy as may be required or authorized by law, for election to bo~ the office of
Mayor ~d mmber of the City Council at the sine election. ~e City Clerk shall
rQect, rehse to accept for filing, ~d othe~ise re.se to process any such
nominating papers or other decimation of c~didacy for the office of Mayor or CiW
Council member where such person has previously filed nominating papers or a
ATTACHMENT NO. 1
page 6 of 19
declaration of candidacy for election to the office of Mayor or City Council member
at the same election. In the event a person seeks to simultaneously file nominating
papers or declarations of candidacy for election to both the offices of Mayor and
member of the City Council at the same election, the City Clerk shall reject, refuse
to accept for filing, and otherwise refuse to process all such nominating papers or
declarations of candidacy simultaneously tendered."
Amend Section 507 of Article V of the City Charter to read as follows:
"Section 507. SPECIAL MEETINGS.
A special meeting may be called at any time by the Mayor, or by three
members of the City Council, by written notice to each member of the City Council
and to each local newspaper of general circulation, radio or television station
requesting notice in writing. Such notice must be delivered pei so,~ally or by ,hall
at least twenty-four hours before the time of such meeting as specified in the notice.
The call and notice shall specify the time and place of the special meeting and the
business to be transacted. No other business shall be considered at such meeting.
Such written notice may be dispensed with as to any person entitled thereto who, at
or prior to the time the meeting convenes, files with the City Clerk a written waiver
of notice. Such waiver may be given by telegram. Such written notice may also be
dispensed with as to any person who is actually present at the meeting at the time it
convenes."
Amend Section 508 of Article V of the City Charter to read as follows:
"Section 508. PLACE OF MEETINGS.
Except to the extent otherwise required or permitted by law,
meetings shall be held in the Council Chambers of the City Hall, or in such place
within the City to which any such meeting may be adjourned, and shall be open to
the public. If, by reason of fire, flood or other emergency, it shall be unsafe to meet
in the place designated, the meetings may be held for the duration of the emergency
at such place within the City as is designated by the Mayor, or, if he should fail to act,
by three members of the City Council."
ATTACHMENT NO. 1
page 7 of 19
Amend Section 509 of Article V of the City Charter to read as follows:
"Section 509. QUORUM. PROCEEDINGS.
A majority of the members of the City Council shall constitute a quorum to
do business but a lesser number may adjourn fi.om time to time. In the absence of all
the members of the City Council from any regular meeting or adjourned regular
meeting, the City Clerk may declare the same adjourned to a stated day and hour. The
City Clerk shall cause written notice of a meeting adjourned by less than a quorum
or by the City Clerk to be delivered pei-soaally or by ma~l to each councilaiaa
membe..____~r at least twenty-four hours before the time to which the meeting is
adjoumed, or such notice may be dispensed with in the same manner as specified in
this Charter for dispensing with notice of special meetings of the City Council. The
City Council shall judge the qualifications of its members as set forth by the Charter.
It shall judge all election returns. It may establish rules for the conduct of its
proceedings and evict or pi-osi:ca~/; refe___X any member or other person for
prosecution for disorderly conduct at any of its meetings.
Each member of the City Council shall have the power to administer oaths
and affirmations in any investigation or proceeding pending before the City Council.
The City Council shall have the power and authority to compel the attendance of
witnesses, to examine them under oath and to compel the production of evidence
before it. Subpoenas shall be issued in the name of the City and be attested by the
City Clerk. They shall be served and complied with in the same manner as subpoenas
in civil actions. Disobedience of such subpoenas, or the refusal to testify (upon other
than constitutional grounds), shall constitute a misdemeanor, and shall be punishable
in the same manner as violations of this Charter are punishable.
Voting on all matters which come before the Council shall be by voice or
visual means wherein the vote of each member may be ascertained. At the demand
of any member, and upon the adoption of any ordinance, resolution, or order for the
payment of money, the City Clerk shall call the roll and shall cause the ayes and noes
taken on such questions to be entered in the minutes 0fthe meeting."
Amend Section 510 of Article V of the City Charter to read as follows:
"Section 510. CITIZEN PARTICIPATION.
All regular and special meetings of the City Council shall be open and public
and all persons shall be permitted to attend such meetings, except that the provisions
of this Section shall not apply to closed sessions held pursuant to any provision of
Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of
California (the Ralph M. Brown Act), or any successor statute thereto. No resident
ATTACHMENT NO. 1
page 8 of 19
~ person shall be denied the right to be heard by the City Council
on any item of interest to the public that is within the subject matter i urisdiction
of the City Council, but such right shall be subject to such reasonable rules and
regulations as may be authorized or adopted by ordinance."
Amend Section 515 of Article V of the City Charter to read as follows:
"Section 515. PENALTY FOR VIOLATION OF ORDINANCES. --
A violation of any ordinance of the City shall constitute a misdemeanor
unless by ordinance it is made an infraction. Any such violation may be prosecuted
in the name of the People of the State of Califomia and/or may be redressed by civil
action. The maximum fine or penalty for conviction of any misdemeanor shall be the
maximum fmc or term of imprisonment, or both, as authorized by Section 19
of the Penal Code of the State of California, or any successor provision thereto.
Or a tea-iii of iiii}i-iionnieiit roi-,~: },.. .......... .,.,~ ..,,. exceedlr, g .,~ .............. ...,....., ,.. b'...'l. .... . ,~
,,, ,,,. ,,, ordinance iiia~ b,~ ,~u,.,p~ucu tu,,,,,,,a u- piiblic wot-ks. The maximum
fine or penalty for conviction of any infraction shall be as provided set foi-tli by state
law,"
Amend Section 708 of Article VII of the City Charter to read as follows:
Section 708.
PROHIBITED FINANCIAL INTERESTS IN CONTRACTS.
FORFEITURE OF OFFICE.
No nieinbei- of the Ci~-
connected, f.i official actioa.
,.~ ..,~....~ 0. ,.~ ... ~..,~
ATTACHMENT NO. 1
page 9 of 19
Any member of the City_ Council, city. officer or employee, or member of
any city_ board or commission, who has a f'mancial interest in any contract made
by such person in his or her official capacity, or by any body or board of which
he or she is a member, in violation of Article 4 of Division 4 of Title 1
(commencing with Section 1090) of the Government Code of the State of
California, or any successor provision thereto, upon conviction thereof, and in
addition to any other penalty imposed for such violation, shall forfeit his or her
office or position of employment with the CRV.
Amend Article VIII of the City Charter, in its entirety, to read as follows:
{Left blank intentionally.)"
.............. LA',',' GC, VE~NS
....................... ON DISTRICT
ATTACHMENT NO. 1
page 10 of 19
Amend the section numbers in Article X (with the exception of Section 1000), and revise all
references in the City Charter to such section numbers, as follows:
Current Number
Proposed Number
10.200 1050
10.201 1051
10.202 1052
10.203 1053
Amend Section 1100 of Article XI of the City Charter to read as follows:
"Section 1100. RETIREMENT STATE SYSTEM.
Authority and power are hereby vested in the City, its City Council and its
several officers, agents and employees to do and perform any act, and to exercise any
authority granted, permitted, or required under the provisions of the Public State
Employees' Retirement Act, as it now exists or hereafter may be amended, to enable
the City to continue as a contracting City under the Public State Employees'
Retirement System. The City Council may terminate any contract with the Board of
Administration of the Public State Employees' Retirement System only under
authority granted by ordinance adopted by a majority vote of the electors of the City
voting on such proposition at an election at which such proposal is presented."
ATTACHMENT NO. 1
page 11 of 19
Repeal Section 1207 of Article XII of the City Charter in its entirety as follows:
ecelved by the Ci~- .......... ~scal yea as adjusted
~ii-igi-~h ........................................ ............. fO
As ....................................................... '
~h~ch ~s .........................
......................................' ~ ........
..... ih~i
~.) ~. ~ ,t tu c t~x ............................
............ ~ II' '---'-~=d=-ll-=-d
--:-- - =- Otli~i ........... : roi- iii~ii[C[pal phi' if ................
· .~. ~.., ...~.. ~.~.....~ ~..~... ~..~..~..~ of the C~;
~ ~i ;~ [lie~,,.--m ......... ~,..~., .... year.
............................. ..... ' ~a~ei t- t~-
'---~ .... '-- -~-- ~i-i ~ u~ t~n~ o~uusn~ tsn~ ~st~
........................
ATTACHMENT NO. 1
page 12 of 19
Repeal Sections 1212, 1213, 1214 and 1215 of Article XII of the City Charter in their entirety as
follows:
1212
The ............................ ' ........... b ' the
............ ly ...........
~he ~scal year.
A ~uad ~o~- capital .............................. to be k~o~ai ......
was ci-eaied; if f~i- capilal ...................................... and
..... h p
· fro,. ..................
................ ~_ .... .. =._
ATTACHMENT NO. 1
page 13 of 19
TREASURER'S DErARTMENTAL TRUST FUND.
Amend Section 1300 of Article XIII of the City Charter to read as follows:
"Section 1300. GENERAL MUNICIPAL ELECTIONS.
General municipal elections for the election of officers, except
the Boai-d of Educatk, i, and for such o~er pu~oses as the City Co~cil may
pres~be shall be held in the City on the first Tuesday afi~ the first Monday in
Novemb~ in each even-numbered ye~. However, in ~e event ~e state le~slature
hereafter prescribes a diff~ent day for ~e holding of the statewide general election,
general municipal elections shall be held upon such day in each even-numbered ye~
as prescribed for the statewide general election. The ~i
.....~ h llb .... I Id tl ~ 'T d y ft theft st?,i d y~No b
ATTACHMENT NO. 1
page 14 of 19
Amend Section 1501 of Article XV of the City Charter to read as follows:
"Section 1501. VIOLATIONS.
The violation of any provision of this Charter shall be a misdemeanor and
shall be punishable upon conviction by a fine or imprisonment, or both, of not
exceeding the maximum fine or term of imprisonment, or both, as authorized by
Section 19 of the Penal Code of the State of California, or any successor
provision thereto. O_,,ie Tho~,~aiid P, ol14, ~ oi- such gi eatei- suiii as aulhoi ;~ed by
Amend the following sections of the City Charter in the following manner to make all provisions
GENDER NEUTRAL:
"Section 503. VACANCIES.
A vacancy in the office of Mayor or on the City Council, from whatever cause
arising, shall be filled by appointment by the City Council, such appointee to hold
office until the first Tuesday following the next general municipal election and until
his or her. successor qualifies. At the next general municipal election following any
vacancy, a successor shall be elected to serve for the remainder of any unexpired
term. As used in this paragraph, the next general municipal election shall mean the
next such election at which it is possible to place the matter on the ballot and elect
a successor.
If the Mayor or a member of the City Council ~is absent from
all regular meetings of the City Council for a period of thirty days consecutively from
and after the last regular City Council meeting attended by such person, unless by
permission of the City Council expressed in its official minutes, or is convicted ora
crime involving moral turpitude, or ceases to be an elector of the City, his office shall
become vacant. The City Council shall declare the existence of any such vacancy.
In the event it shall fail to fill a vacancy by appointment within sixty days
after such office shall become vacant, the City Council shall cause an election to be
held forthwith to fill such vacancy for the remainder of the unexpired tenn.
ATTACHMENT NO. 1
page 15 of 19
Section 600. CITY MANAGER.
There shall be a City Manager who shall be the chief administrative officer
of the City. lie The City Manager shall be appointed by the affirmative vote of at
least a majority of the members of the City Council and shall serve at the pleasure of
the City Council, provided, however, that he or she shall not be removed from office
except as provided in this Charter. lie The Ciht Manaee~r shall be chosen on the
basis of his or her executive and administrative qualifications, with special reference
to his actual experience in, and his knowledge of, accepted practice in respect to the
duties of his the office as herein set forth.
Section 602. ELIGIBILITY.
No person shall be eligible to receive appointment as City Manager while
serving as a member of the City Council nor within one year after t~ such person
has ceased to be a member of the City Councihiiaii.
Section 603. COMPENSATION AND BOND.
The City Manager shall be paid a salary commensurate with his the
responsibilities as chief administrative officer of the City, which salary shall be
established by ordinance or resolution. The City Manager shall furnish a corporate
surety bond conditioned upon the faithful performance of his or her, duties in such
form and in such amount as may be determined by the City Council, the premium on
such bond to be paid by the City.
Section 604. POWERS AND DUTIES.
The City Manager shall be the chief administrative officer and head of the
administrative branch of the City Government. Except as otherwise provided in this
Charter, h~ the City Manager shall be responsible to the City Council for the proper
administration of all affairs of the City. Without limiting the foregoing general grant
of powers, responsibilities and duties, subject to the provisions of this Charter,
including the personnel provisions thereof, the City Manager shall have power and
be required to:
(a) Appoint, and he or sh_~__~e may promote, demote, suspend or remove all
department heads, officers and employees of the City except elective officers and
ATTACHMENT NO. 1
page 16 of 19
those department heads, officers and employees the power of whose appointment is
vested by this Charter in the City Council. He or she may authorize the head of any
department or office to appoint or remove subordinates in such department or office.
No department head shall be appointed or removed until the City Manager shall first
have reviewed such appointment or removal with the City Council and received its
approval for such appointment or removal.
(b) Prepare the budget annually, submit it to the City Council, and be
responsible for its administration after its adoption.
(c) Prepare and submit to the City Council as of the end of each fiscal
year, a complete report on the finances of the City for the preceding fiscal year, and
annually or more frequently, a current report of the principal administrative activities
of the City.
(d) Keep the City Council advised of the financial condition and future
needs of the City and make such recommendations as may to him or her seem
desirable.
(e) Establish a centralized purchasing system for all City offices,
departments and agencies.
(f) Prepare rules and regulations governing the contracting for,
purchasing, inspection, storing, inventory, distribution and disposal of all supplies,
materials, equipment and services required by any office, department or agency of the
City government and recommend them to the City Council for adoption by
ordinance, and administer and enforce the same after adoption.
(g) See that the laws of the State pertaining to the City, the provisions of
this Charter and the ordinances, franchises and rights of the City are enforced.
(h) Exercise control of all administrative offices and departments of the
City and of all appointive officers and employees except those directly appointed by
the City Council and prescribe such general rules and regulations as he or she may
deem necessary or proper for the general conduct of the administrative offices and
departments of the City under his or her jurisdiction.
(i) Perform such other duties consistent with this Charter as may be
required of ]i[lii by the City Council.
Section 605. MEETINGS.
The City Manager shall be accorded a seat at all meetings of the City Council
and of all boards and commissions and shall be entitled to participate in their
deliberations, but shall not have a vote. lie The City Manatler shall receive notice
of all special meetings of the City Council, and of all boards and commissions.
ATTACHMENT NO. 1
page 17 of 19
Section 606. REMOVAL.
The City Manager shall not be removed fi.om office during or within a period
of ninety days next succeeding any municipal election at which a member of the City
Council is elected. At any other time the City Manager may be removed only at
a regular meeting of the City Council and upon the affirmative votes of a majority of
the total membership of the City Council. At least thirty days prior to the effective
date of his or her. removal, the City Manager shall be furnished with a written notice
stating the Council's intention to remove him or her and the reasons therefor. After
furnishing the City Manager with written notice of his o~____r her intended removal, the
City Council may suspend him or he~r from duty, but his or he~r compensation shall
continue until his or her removal as herein provided. In removing the City Manager,
the City Council shall use its uncontrolled discretion, and its actions shall be final.
Section 607. NON-INTERFERENCE WITH ADMINISTRATIVE SERVICE.
Except as otherwise provided in this Charter, neither the Council nor any of
its members shall interfere with the execution by the City Manager of his or her
powers and duties, or order, directly or indirectly, the appointment by the City
Manager, or by any of the department heads in the administrative service of the City,
of any person to any office or employment, or his or her removal therefrom. Except
for the purpose of inquiry, the City Council and its members shall deal with the
administrative service under the jurisdiction of the City Manager solely through the
City Manager, and neither the City Council nor any member thereof shall give orders
to any subordinate of the City Manager, either publicly or privately.
Section 608. ASSISTANT CITY MANAGER.
There shall be an Assistant City Manager who shall act as the principal
aide to the City Manager in the performance of his or her duties and who shall serve
as Acting City Manager during the temporary absence or disability of the City
Manager, except as otherwise provided in Section 609 of this Charter.
Section 609. ACTING CITY MANAGER.
The City Manager shall appoint, subject to the approval of the City Council,
one of the other officers or department heads of the City to serve as Acting City
Manager during any temporary absence or disability of both the City Manager and
the Assistant City Manager. If he the Cit3' Manal!er fails to make such appointment,
the City Council may appoint an officer or department head to serve as such Acting
City Manager.
ATTACHMENT NO. 1
page 18 of 19
Section 704. CITY CLERK. POWERS AND DUTIES.
The City Clerk shall have the power and shall be required to:
(a) Attend all meetings of the City Council, unless excused, and be
responsible for the recording and maintaining of a full and tree record of all of the
proceedings of the City Council in records that shall bear appropriate title and be
devoted to such purpose.
(b) Maintain separate records, in which shall be recorded respectively all
ordinances and resolutions, with the certificate of the Clerk annexed to each thereof
stating the same to be the original or a correct copy, and as to an ordinance requiring
publication, stating that the same has been published or posted in accordance with
this Charter.
(c) Maintain separate records of all written contracts and official bonds.
(d) Keep all books and records in his or her possession properly indexed
and open to public inspection when not in actual use.
(e) Be the custodian of the seal of the City.
(f) Administer oaths or affim~ations, take affidavits and depositions
pertaining to the affairs and business of the City and certify copies of official records.
(g) Be ex-officio Assessor, unless the City Council has availed itself, or
does in the future avail itself, of the provisions of the general laws of the State
relative to the assessment of property and the collection of City taxes by the county
officers, or unless the City Council by ordinance provides otherwise. (h) Have charge of all City elections.
(i) Perform such other duties consistent with this Charter as may be
required by ordinance or resolution of the City Council.
Section 707. ADMINISTERING OATHS.
Each department head and his or her deputies shall have the power to
administer oaths and affi,,,,ations in connection with any official business pertaining
to his or her department.
Section 709. ACCEPTANCE OF OTHER OFFICE.
Any elective officer of the City who shall accept or retain any other elective
public office, except as provided in this Charter, shall be deemed thereby to have
vacated his or her office under the City government.
ATTACHMENT NO. 1
page 19 of 19
Section 710. NEPOTISM.
The City Council shall not appoint to a salaried position under the City
government any person who is a relative by blood or marriage within the third degree
of any one or more of the members of such City Council, nor shall the City Manager
or any department head or other officer having appointive power appoint any of hi____._~s
or he~r relatives___ ~ or of any relative of a Councilman member._~ within such
degree to any such position.
Section 711. OFFICIAL BONDS.
The City Council shall fix by ordinance or resolution the amounts and terms
of the official bonds of all officials or employees who are required by this Charter or
by ordinance to give such bonds. All bonds shall be executed by responsible
corporate surety, shall be approved as to form bythe City Attorney, and shall be filed
with the City Clerk. Premiums on official bonds shall be paid by the City.
In all cases wherein an employee of the City is required to furnish a faithful
performance bond, there shall be no personal liability upon, or any right to recover
against, his or her superior officer or other officer or employee, or the bond of the
latter, unless such superior officer, or other officer or employee is a party to, or has
conspired in, the wrongful act causing directly or indirectly such loss.
Section l201. ANNUAL BUDGET. PREPARATION BY THE CITY
MANAGER.
At such date as the City Manager shall determine, each board or commission
and each department head shall furnish to the City Manager, personally, or through
the Director of Finance, estimates of revenue and expenditures for his or her
department or for such board or commission for the ensuing fiscal year, detailed in
such manner as may be prescribed by the City Manager. In preparing the proposed
budget, the City Manager shall review the estimates, hold conferences thereon with
the respective department heads, boards or commissions as necessary, and may revise
the estimates as he or she may deem advisable."
ATTACHMENT NO. 2
page 1 of 1
Amend Section 501 of Article V of the City Charter to read as follows:
"Section 501. ELIGIBILITY.
No person shall be eligible to hold office as the Mayor or a member of the
City Council unless he or she is and shall have been a resident and qualified elector
of the City at the time of, and for the thirty-day period immediately preceding, filing
of his or her nominating papers or such other equivalent declaration of candidacy as
may be required or authorized by law, or at the time of, and for the thirty-day period
immediately preceding, his or her appointment to such office.
No employee of the City of Anaheim shall be eligible to hold office as the
Mayor or as a member of the City Council. An employee of the City of
Anaheim shall resign from such employment prior to being sworn into office as
an elected or appointed member of the City Council or as the Mayor. If such
employee does not resign his or her employment with the City_ prior to bein~
sworn into office, such employment shah automatically terminate upon his or
her being sworn into office."
ATTACHMENT NO. 3
page 1 of 1
Amend Section 703 of Article VII of the City Charter to read as follows:
"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 Califo~ia,
and shall have been engaged in the practice of law for at least three years prior to
such 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. Except for such prosecutions as may be conducted by another
public agency having jurisdiction to do so, all prosecutions pursuant to thi~
paragraph shall be conducted by the City_ Attorney or by employees or persons
under the direction and control of the City Attorney. The City_ Council shah not
contract with any person or firm to act as special or independent prosecutor or
otherwise appoint or designate any other person or firm to prosecute any
criminal matter.
(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 ~nployee, 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 such employment or by reason of such official capacity.
(d) Attend all regular meetings of the City Council, unless excused, and
give 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 approval thereon in writing.
(f) Prepare any and all proposed ordinances and City Council resolutions
and amendments thereto.
(g) Devote entire time to the duties of the office.
(h) Perform such legal functions and duties incident to the execution of
the foregoing powers as may be necessary.
(i) Surrender to the successor City Attorney all books, papers, files and
documents pertaining to the City's affairs.
The City Council shall have control of all legal business and proceedings of
the City_ and may employ or cont_ract with other attorneys to take charge of or may
.......... ~ ....................... ig
~v,,,4~, ,v, 4,,~ i,,v*~-,,--,, assist in any civil lit ation or other civil legal
matters or business."
ATTACHMENT NO. 4
page 1 of 1
Amend paragraph (b) of Section 705 of Article VII of the City Charter, relating to the powers and
duties of the City Treasurer, to read as follows:
"(b) Have custody of all public funds belonging to or under the control of the
City or any office, department or agency of the City government, except such funds
as may be in the custody of any City office or department as expressly
authorized by resolution of the C_ity Council, and deposit or cause to be deposited
all funds ¢~aihag hito h~s ha,ids under his or her custody in such depository as
may be designated by resolution of the City Council, or, if no such resolution be
adopted, then in such depository designated in writing by the City Manager, and in
compliance with all of the provisions of the State Constitution and laws of the State
governing the handling, depositing and securing of public funds."
Amend paragraph (d) of Section 706 of Article VII of the City Charter, relating to the powers and
duties of the Director of Finance, to read as follows:
"(d) Supervise and be responsible for the disbursement of all moneys and
have control of all expenditures, except expenditures from funds under the
control of any other City office or department as expressly authorized by
resolution of the City Council, to insure that budget appropriations are not
exceeded; audit all purchase orders before issuance; audit and approve before
payment, all bills, invoices, payrolls, demands or charges against the City
government; with the advice of the City Attorney, when necessary, deteimine the
regularity, legality and correctness of such claims, demands or charges; and draw
warrants upon the City Treasurer, or where such procedure is authorized by the City
Council, prepare or approve wire transfers, electronic payments and checks or
other negotiable instruments drawn upon a proper City depository for the approval
and-signatm'e of the City Treasurer and, where required, ~the
signatures or facsimile signatures of the City Treasurer and the Mayor, for all
claims and demands audited and approved as in this Charter provided specifying the
purpose for which drawn and the fund from which payment is to be made."
ATTACHMENT NO. 5
page 1 of 1
Amend Section 1221 of Article XII of the City Charter to read as follows:
"Section 1221. UTILITY RATES.
The City Council shall establish rates, rules and regulations for the water and
electrical utilities. The rates shall eenerate b~ sufficient revenues for ,n[tli
to each utility to pay:
(a) For operations 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 improvements of
existing facilities, or maintenance of a reserve fund for that purpose.
(e) For payments to the general fund of the City (exclusive of those
amounts paid pursuant to subsection (a) of this Section 1221) in each fiscal year in
an amount equal to, or less than, four percent (4%) of the gross revenue earned by the
utility during the previous fiscal year.
Rates shall be reviewed by the City Council periodically to insure that
financial goals are being accomplished.
h d I niay ................. " - Rates shall
generate sufficient revenues for each utility and be based upon cost of serVice
for retail customers, market prices, and any other relevant competitive market
factors____~. Notwithstanding the foregoing, the City Council may establish, and revise
from time to time, ratepayer discount and other programs to assist residential
custom~rs in the payment of their utility bills and the costs of such discount and other
programs may be paid from utility revenues."
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-151 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 25th day of July, 2000, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS:
Kring, Tait (Opposed to Measure No. 13
Only)
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 2000R-151 on the 25th day of July, 2000.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 25th day of July, 2000.
~TY CLEI~'K OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-151 was duly passed and adopted by the City Council of
the City of Anaheim on July 25th, 2000.
C~TY CLEI;~K OF THE CITY OF ANAHEIM