Anaheim Municipal Code Art. V City Council

Commencing with the general municipal election of November 2016, the elective officers of the City shall consist of a Mayor and six City Council members. Commencing with the general municipal election of November 2016, the City Council members shall be residents of their respective Districts, as established pursuant to Section 500.1, and nominated and elected only by the voters of their respective Districts; the City Council shall not submit to the voters any City Council-sponsored Charter amendment (as described in Elections Code section 9255(b)(1)) repealing Charter provisions requiring that City Council members be elected by voters of their respective Districts earlier than after the November 2018 general municipal election. The Mayor shall be elected from the City at large. The elective officers shall be elected at the times and in the manner provided in this Charter and shall serve for a term of four years and until their respective successors qualify. The term “City Council,” “legislative body,” or other similar terms as used in this Charter or any other provision of law shall be deemed to refer to the collective body composed of the Mayor and City Council members unless such other provision of this charter or other provision of law expressly provides to the contrary or unless such interpretation would be clearly contrary to the intent and context of such other provision.

Notwithstanding the second sentence in the first paragraph of this Section 500, or the first sentence in the first paragraph or the first section in the third paragraph of Section 501, 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. Recall proceedings, if any, of such City Council members serving the remainder of a term pursuant to this provision, and the election of a successor to such City Council member to complete that term, shall be conducted at large. The Mayor shall be elected at the general municipal election held in November 2014, and each fourth year thereafter. Four members of the City Council (comprised of two seats up for election and two newly created seats) shall be elected at the general municipal election held in November 2016. Notwithstanding the term of office specified in the first paragraph of this Section 500, at the City Council meeting where these four members are sworn in, the City Council shall select by casting of lots one member elected at the November 2016 general election to hold office for a term of two years and until his or her successor qualifies; the remaining three members shall serve for a term of four years and until their successors qualify. Thereafter, the three City Council members elected at the November 2016 election to four-year terms shall be elected at the general municipal election each fourth year thereafter. The other three members of the City Council shall be elected at the general municipal election held in November 2018 and each fourth year thereafter.

Ties in voting among candidates for office, including the office of the Mayor, shall be settled by the casting of lots (Amended November 2, 1982, filed by Secretary of State January 18, 1983: amended March 5, 1991, filed by Secretary of State April 18, 1991; amended November 7, 2000, filed by Secretary of State February 6, 2001: Amended November 4, 2014, filed by Secretary of State January 5, 2015.)

For the purpose of electing the members of the City Council commencing with the November general municipal election, the City shall be divided into single-member districts equal in number to the number of City Council members, exclusive of the Mayor (each such district a “District” and, collectively, “Districts”). The City Council shall, by ordinance or resolution adopted on or before July 8, 2016, establish the names and respective boundaries of the Districts that shall be used for the election of the Council members, and the transition plan from at-large elections to District elections. Said Districts shall be in compliance with applicable laws and such other permissible criteria as the City Council may specify by ordinance or resolution.

Following each decennial federal census, and at other such times that the City Council by at least a two-thirds vote determines that a sufficient change in population has occurred, the City Council shall, by ordinance or resolution, adjust the boundaries of any or all of the Districts of the City so that the Districts shall be as nearly equal in population as may be, consistent with law applicable to the creation and rearrangement of the boundaries of local districts. No ordinance or resolution authorized by this section that would change District boundaries created by a prior ordinance or resolution may be adopted within 180 days prior to any general municipal election.

Any territory annexed to or consolidated with the City shall, prior to or concurrent ly with completion of the proceedings therefor, be added to an adjacent District or Districts by the City Council by ordinance, which addition shall be effective upon completion of the annexation or consolidation proceedings notwithstanding any other provision of the Charter to the contrary. (Amended November 4, 2014, filed by Secretary of State January 5, 2015.)

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 and, with respect to members of the City Council elected by District, of the District of which he or she seeks office 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 being sworn into office, such employment shall automatically terminate upon his or her being sworn into office.

Every member of the City Council or candidate for City Council shall be and remain a qualified voter in the District from which he or she seeks office from the time of filing nomination papers or such other equivalent declaration of candidacy as may be required or authorized by law, throughout the full term of his or her office, if elected or appointed in lieu of election. No creation of a District or change in the boundary or location of any District shall abolish or terminate the term of office of any City Council member prior to the expiration of the term of office for which the member was elected or appointed in lieu of election, notwithstanding any other provision of this Section, Section 500, or Section 500.1.(Amended November 2, 1976, filed by Secretary of State December 27, 1976: amended March 5, 1991, filed by Secretary of State April 18, 1991; amended November 7, 2000, filed by Secretary of State February 6, 2001: Amended November 4, 2014, filed by Secretary of State January 5, 2015.)

The members of the City Council, including the Mayor, shall receive as compensation for their services as such a monthly salary in such amount as established in accordance with, and limited by, the provisions of law applicable to the salaries of City Council members in general law cities as set forth in Section 36516 of the Government Code of the State of California or any successor provision thereto.

In addition, each member of the City Council shall receive reimbursement on order of the City Council for Council authorized traveling and other expenses when on official duty. In addition, members shall receive reimbursement for itemized routine and ordinary expenses incurred in official duty or such reasonable and adequate amount as may be established by ordinance, which amount shall be deemed to be reimbursement to them of routine and ordinary expenses imposed upon them by virtue of their service as members of the City Council. (Amended March 5, 1991, filed by Secretary of State April 18, 1991.)

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. An appointee to the office of Mayor or to the office of member of the City Council shall have the qualifications for that office as set forth in Section 501; provided, however, that the vacancy of a City Council member elected at large may be filled without regard to District residency. 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 of a crime involving moral turpitude, or ceases to be an elector of the City, or (as to any City Council member) ceases to be a resident and elector of his or her District, then his or her 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 term. (Amended March 5, 1991, filed by Secretary of State April 18, 1991; Amended November 7, 2000, filed by Secretary of State February 6, 2001; Amended June 3, 2014, filed by Secretary of State September 3, 2014: Amended November 4, 2014, filed by Secretary of State January 5, 2015.)

No person shall serve as Mayor or as member of the City Council for a combined period of more than eight consecutive years. For purposes of calculating consecutive years of service pursuant to the limitation of this section, consecutive periods of service as Mayor (other than periods where such person served concurrently as the Mayor and as a separately elected member of the City Council) shall be combined with consecutive periods of service as member of the City Council to determine the combined period of consecutive years of service which is subject to the limitation of this section. In addition, any period of service resulting from, or which (if the complete term of service were completed) could result from, an election or appointment which period of service commences less than two years following the date of completion of any prior period of service by such person shall be combined with such prior period of service for purposes of determining the combined period of consecutive years of service of such person for purposes of this section.

No person shall be eligible for further election or appointment as Mayor of member of the City Council (and the City Clerk shall reject, refuse to accept for filing, and otherwise refuse to process any nominating papers or other equivalent declaration of candidacy as required or authorized by law for such person) where the term to which such person seeks election or appointment, when combined with the immediately preceding consecutive years of service by such person as defined in the preceding paragraph of this section, would exceed a total of eight consecutive years of service; provided, however, and notwithstanding any other provision of this section, no period of service resulting from an election or appointment to fill an unexpired term of less than two years in length shall be counted in determining consecutive years of service for purposes of this section.

Any person who shall be ineligible for election, appointment or further service as Mayor or member of the City Council due to the limitation set forth in this section shall again be eligible for election or appointment as Mayor or member of the City Council (and a new period of consecutive years of service shall commence) provided not less than two years has or will have elapsed between the most recent date of such person's prior service as Mayor or member of the City Council and the effective date of such person's most recent election or appointment to such office.

Two complete terms of service as City Council member pursuant to Charter Section 500, or as elected Mayor pursuant to Charter Section 504(b), or one complete term as City Council member and one complete term as elected Mayor, shall be deemed equivalent to eight years of service for purposes of this section regardless of the actual number of days of service.

The phrase "two years" as used in this section shall mean the period between the date of the declaration of the results of any general municipal election held in November of any even numbered year and the date of the declaration of the results of any general municipal election held in November of any immediately preceding or immediately succeeding even numbered year even though such period may be more or less than an actual period of two years.

The provisions of this section shall apply to all persons including the Mayor and members of the City Council in office on the date this section becomes effective and consecutive years of service by such Mayor and City Council members occurring prior to the date of adoption of this section shall be counted in calculating the limitation on consecutive years of service set forth in this section; provided, however, any incumbent Mayor or member of the City Council in office on the date this charter section becomes effective shall be entitled to serve the balance of the term to which such person was elected or appointed even though such service results in such person serving more than eight consecutive years in office. Further, any member of the City Council, including the Mayor, in office on November 3, 1992, and who would otherwise be ineligible to seek election to the office of Mayor in 1994 due to the operation of this section, shall be eligible for election to the office of Mayor in 1994, and if so elected shall be eligible for reelection to the office of Mayor in 1998, notwithstanding any other provision of this section. (Added November 3, 1992, filed by Secretary of State, December 21, 1992.)

The Mayor shall have the same rights, privileges, powers and duties as are held by members of the City Council and shall be regarded as a member of the City Council for all purposes except to the extent expressly inconsistent with any other provision of this Charter or other applicable law.

The Mayor may make and second motions and shall have a voice and vote in all proceedings of the City Council. The Mayor shall be the official head of the City for ceremonial purposes. The Mayor shall have the primary, but not the exclusive, responsibility for communicating the policies, programs and needs of the City government to the people, and as occasion requires, he or she may inform the people of any major change in policy or program. The Mayor shall perform such other duties consistent with his or her office as may be prescribed by this Charter or as may be imposed by the City Council.

The Mayor shall serve for a term of four years and until his or her successor is elected and qualified.

The City Council shall designate one of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability.

Notwithstanding any other provision of this Charter to the contrary, no person shall file nominating papers, or other equivalent declaration of candidacy as may be required or authorized by law, for election to both the office 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 any such nominating papers or other declaration of candidacy for the office of Mayor or City Council member where such person has previously filed nominating papers or a 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. (Amended April 9, 1974, approved by the California State Legislature May 6, 1974: amended March 5, 1991, filed by Secretary of State, April 18, 1991; amended November 7, 2000, filed by Secretary of State February 6, 2001.)

All powers of the City shall be vested in the City Council except as otherwise provided in this Charter.

The City Council shall hold regular meetings at least twice each month at such times as it shall fix by ordinance or resolution and may adjourn or re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment, such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day.

A special meeting may be called at any time by the Mayor, or by four 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 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. (Amended November 7, 2000, filed by Secretary of State February 6, 2001: Amended November 4, 2014, filed by Secretary of State January 5, 2015.)

Except to the extent otherwise required or permitted by law, all 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 or she should fail to act, by four members of the City Council. (Amended November 7, 2000, filed by Secretary of State February 6, 2001; Amended June 3, 2014, filed by Secretary of State September 3, 2014: Amended November 4, 2014, filed by Secretary of State January 5, 2015.)

A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from 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 to each council member at least twenty-four hours before the time to which the meeting is adjourned, 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 refer 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 of the meeting. (Amended November 7, 2000, filed by Secretary of State February 6, 2001.)

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 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 jurisdiction of the City Council, but such right shall be subject to such reasonable rules and regulations as may be authorized or adopted by ordinance. (Amended November 3, 1992, filed by Secretary of State, December 21, 1992; amended November 7, 2000, filed by Secretary of State February 6, 2001.)

With the sole exception of emergency ordinances which take effect upon adoption, referred to in this Article, no ordinance shall be adopted by the City Council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become a part of the proceedings of such meeting in the custody of the City Clerk. At the time of adoption of an ordinance or resolution it shall be read in full, unless the City Council has adopted a motion at such meeting waiving the reading in full of all ordinances or resolutions adopted at such meeting, or the reading in full of the specific ordinance or resolution is waived by a motion duly adopted by the City Council, except that emergency ordinances shall either be read in full or the full text of such emergency ordinance shall be made available to the public prior to adoption thereof. An emergency ordinance may be made available to the public for review prior to its adoption in compliance with the preceding sentence by either (i) a statement on the printed agenda of the City Council meeting at which the emergency ordinance is to be adopted indicating that a copy of the full text of the proposed ordinance is available for public review in the City Clerk's Office, or (ii) whether or not such ordinance appears on the printed agenda of the meeting at which it will be adopted, by publicly announcing at the City Council meeting at which the emergency ordinance is to be adopted that the full text of the emergency ordinance is available for public review and by posting a copy of the full text of the emergency ordinance at or near the entrance of the City Council chambers or otherwise making the full text of the emergency ordinance available to the public prior to its adoption. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

No order for the payment of money shall be adopted or made at other than a regular or adjourned regular meeting.

Unless a higher vote is required by other provisions of this Charter, the affirmative votes of at least four members of the City Council shall be required for the enactment of any ordinance or resolution, or for the making or approving of any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk.

Any ordinance declared by the City Council to be necessary as an emergency measure for the immediate preservation of the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least four-fifths of the total members of the City Council. (Amended November 3, 1992, filed by Secretary of State, December 21, 1992; amended November 5, 1996, filed by the Secretary of State, January 21, 1997: Amended November 4, 2014, filed by Secretary of State January 5, 2015.)

In addition to such other acts of the City Council as are required by this Charter to be by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance.

The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Anaheim does ordain as follows:"

The City Clerk shall cause each ordinance, or a summary thereof, to be published at least once in the official newspaper within fifteen days after its adoption. In the event a summary of the ordinance is published instead of the publication of the ordinance in full, said summary need include no more than a brief description of the subject matter of the ordinance, the names of the Council members and how they each voted on the ordinance, a statement that the full text of the ordinance is available, at no charge, from the Office of the City Clerk, and the telephone number of the City Clerk's Office. (Amended November 5, 1996, filed by the Secretary of State, January 21, 1997.)

Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted by ordinance.

Detailed regulations pertaining to any subject, such as the construction of buildings, plumbing and wiring, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this Section. Maps, charts and diagrams also may be adopted by reference in the same manner.

No ordinance shall become effective until thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption:

(a) An ordinance calling or otherwise relating to an election;

(b) An improvement proceeding ordinance adopted under some special law or procedural ordinance relating thereto;

(c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of property taxation, or levying the annual tax upon property;

(d) An emergency ordinance adopted in the manner provided for in this Article.

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 California and/or may be redressed by civil action. The maximum fine or penalty for conviction of any misdemeanor shall be 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. The maximum fine or penalty for conviction of any infraction shall be as provided by state law. (Amended November 3, 1992, filed by Secretary of State, December 21, 1992: amended November 7, 1978, filed by Secretary of State, January 2, 1979; amended November 7, 2000, filed by Secretary of State February 6, 2001.)

The amendment of any section or subsection of an ordinance may be accomplished solely by the re-enactment of such section or subsection at length, as amended.

The City Council shall contract for the publication of all legal notices, ordinances and other matter required to be published in a newspaper of general circulation in the City. Each such contract shall cover a period of not less than one nor more than three years. In the event there is more than one newspaper of general circulation published within the City, the contract shall be made only after the publication of a notice inviting bids therefor. In the event there is only one newspaper of general circulation published in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices or matter without being required to advertise for bids therefor. The newspaper with which any such contract is made shall be the official newspaper for the publication of such notices or other matter for the period of such contract.

In no case shall the contract prices for such publication exceed the customary rates charged by such newspaper for the publication of legal invoices of a private character.

In the event there is no newspaper of general circulation published in the City, or in the event no such newspaper will accept such notices or other matter at the rates permitted herein, then all legal notices or other matter may be published by posting copies thereof in at least three public places in the City to be designated by ordinance.

No defect or irregularity in proceedings taken under this Section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this Charter or law or ordinance.

The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council.

By ordinance or resolution the City Council may authorize the City Manager to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority.

The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended, and for the conveyance of title thereto.

Contracts for the exhibition of events at Anaheim Stadium may be made by the Stadium General Manager or the head of such department or the City Manager at rates fixed or authorized by the City Council provided the form of any such contract is approved by the City Attorney.

Contracts for the exhibition of events at the Anaheim Convention Center may be made by the Convention Center General Manager or the head of such department or the City Manager at rates fixed or authorized by the City Council provided the form of any such contract is approved by the City Attorney.

Contracts for the sale of the products, commodities or services of any public utility owned, controlled or operated by the City may be made by the manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council.

The provisions of this Section shall not apply to the employment of any person by the City at a regular salary. (Amended November 6, 1990, filed by Secretary of State, February 19, 1991.)

Sec. 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 determining 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. (Added November 7, 2006, filed by Secretary of State February 13, 2007.)