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City of Anaheim Legal Language Update Amendment, Measure C (June 2014)

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A City of Anaheim Legal Language Update Amendment, Measure C ballot question was on the June 3, 2014 election ballot for voters in the city of Anaheim in Orange County, California, where it was approved.

Measure C made many changes to the city's charter. Some amendments changed the way the city is governed and updated laws with regard to common practice and efficiency. Some updates simply modernized the city charter by removing outdated language and creating compatibility with the city's methods and statutes, as well as state law. Several changes gave greater authority over city governance and the appointment of city officials to the city council. See below for details.[1][2]

Election results

Measure C
ResultVotesPercentage
Approveda Yes 15,424 66.8%
No7,67133.2%
Election results from Orange County Elections Office

Text of measure

Ballot question

The question on the ballot:[3]

Shall the Charter be amended to: modernize and remove outdated language to reflect changes in the City and law; authorize financial documents' availability in electronic format; update matters regarding boards/commissions; allow setting City Manager compensation by agreement, resolution or ordinance; authorize methods for selling municipal property; permit City Council to delegate Treasurer's appointment/removal to City Manager; allow Treasurer and Finance Director to be the same person upon Council approval? [4]

Impartial analysis

The following impartial analysis of Measure C was prepared by the office of the city attorney:[3]

This measure would amend numerous City Charter sections to add, modify or delete Charter language. Specifically, a "Yes" vote would:

Make changes to various Charter sections that do not change the Charter's meaning, including changing references to be gender neutral.

Remove and/or update language in various Charter sections to reflect changes in the City and the law applicable to the City.

Make other changes, the more significant of which include:

  • Allowing the City budget and City financial statements to be made available to the public in electronic and other non-print formats.
  • Placing the existing Public Utilities Board in the Charter and describing this board's powers and duties. Presently, this board is established in the Municipal Code.
  • Specifying the City Council may require that a City Manager live within a reasonable and specific distance from City Hall. This section further states (in conformity with the California Constitution) that the City Manager need not be a City resident.
  • Allowing the City Council to establish a City Manager's compensation by approved agreement, in addition to resolution or ordinance. Presently, a City Manager's salary can only be established by ordinance or resolution. As with a resolution or ordinance, a City Manager's employment agreement would be approved by the City Council and is a public document.
  • Removing the requirement that a City Manager post a surety bond and removing the requirement that the City fund the premiums for that bond.
  • Allowing the City Council to adopt methods for the sale of City property including by bid, auction or negotiation for fair market value. Presently, the Charter requires that if the City sells municipal property valued at over $50,000, then such property must be sold to the highest bidder, unless the City Council determines by 2/3 vote of the total Council that the sale is in the City's best

interest.

  • Allowing the City Council to delegate to the City Manager the appointment/removal of the City Treasurer.
  • Permitting the City Council to combine the offices of Treasurer and Finance Director in one person, provided the two offices are not incompatible. The City Finance Department estimates the City could retain up to $300,000 annually by combining the functions of the Treasurer and Director of Finance in one person. The Charter currently allows the Council to combine the powers and duties of other City positions in one person.
  • Deleting sections addressing presentation of claims that are not governed by state law and presentation of bills to the City. Portions of this subject matter are presently addressed in the Municipal Code.

A "Yes" vote is in favor of adopting this measure. A "No" vote is against adopting this measure. If a majority of voters vote "Yes" then this measure will take effect when it is filed with the Secretary of State. This measure was placed on the ballot by the City Council of the City of Anaheim. [4]

—Michael R. Houston, Anaheim City Attorney[1]

Support

Supporters

Anaheim City Council Member Jordan Brandman prepared the official arguments in favor of Measure C.[3]

Arguments in favor

Official arguments

The following official arguments were submitted in favor of Measure C:[3]

The City Charter is our local constitution. It outlines the authority and limits of our city government. Since becoming effective in 1965, the Charter had undergone full review four times. Given that the last review occurred nearly fourteen years ago, the City Council approved the creation of a seven member citizen’s committee to conduct a comprehensive review of the Charter.

That committee met publicly eleven times over seven months and made specific proposed Charter amendment recommendations to the City Council. After review, the City Council voted to place Charter Amendment Measure C on the ballot. Now it’s your turn. Charter Amendment Measure C consolidates for voter approval selected basic governing matters. For example, it removes some outdated language to reflect changes in State and Federal law. Further proposed revisions include:

  • Putting City financial documents in electronic format for online public access.
  • Adding Public Utilities Board oversight and appointments to the Charter and amending the scope and powers of the Library Board.
  • Granting the City Council flexibility on senior management personnel appointments and the option of delegating appointment of the City Treasurer to the City Manager for organizational efficiency.
  • Protecting the taxpayers by strengthening the City Council’s ability to adopt criteria and oversight on the sale, transfer, exchange, or conveyance of municipal property.

All of these modifications are designed to streamline our local government, create additional financial safeguards, close potential loopholes, and increase transparency at City Hall. I have reviewed each of them and urge you to vote YES on Measure C.

HELP MAKE OUR CITY GOVERNMENT MORE RESPONSIBLE, EFFICIENT, AND TRANSPARENT. VOTE YES ON CHARTER AMENDMENT MEASURE C.[4]

—Anaheim City Council Member Jordan Brandman[5]

Opposition

No official arguments were submitted in opposition to Measure C. If you have an argument that you would like to see posted here, please email the Local Ballot Measure Project staff writer.

Path to the ballot

See also: Laws governing local ballot measures in California

In May of 2013, Anaheim Councilman Jordan Brandman requested a Charter Review Commission to be formed. This seven member commission recommended four measures. Measure C was among them. Two other measures recommended by the commission - Measure E and Measure D - were put on the ballot by the city council. One measure seeking to abolish term limits for the city council was rejected by the council.[2]

Similar measures

Related measures

Approveda City of Anaheim Council Authority to Regulate "Safe & Sane Fireworks," Measure E (June 2014)
Defeatedd City of Anaheim Mayoral Term of Office Amendment, Measure D (June 2014)

See also

External links

Footnotes