RES-2007-038RESOLUTION NO. 2007- 038
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING A REHEARING REQUESTED BY
SUNCAL COMPANIES IN CONNECTION WITH GENERAL
PLAN AMENDMENT NO. 2006 -00448 AND AMENDMENT
NO. 8 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92 -2
AND SETTING A FUTURE DATE AT WHICH THE
REHEARING WILL OCCUR
WHEREAS, on January 22, 2007, the Planning Commission held a public hearing
concerning General Plan Amendment No. 2006 -00448 and Amendment No. 8 to the Anaheim
Resort Specific Plan No. 92 -2 (hereafter collectively "Amendment 8) and the Addendum to the
previously- adopted Mitigated Negative Declaration for General Plan Amendment No. 2006-
00442 and Amendment No. 7 to the Anaheim Resort Specific Plan No. 92 -2 (hereafter the
"Addendum and took action both to recommend that the City Council find the Addendum to
be sufficient to analyze any potential significant environmental effects of Amendment 8, and to
disapprove Amendment 8, subject to any appeal or Council request for review; and
WHEREAS, on January 30, 2007, the Planning Commission's decision was set
for review by two members of the City Council pursuant to Anaheim Municipal Code Sections
18.60.130, 18.68.050 and 18.72.040; and
WHEREAS, immediately prior to the February 13, 2007 City Council public
hearing to consider the Planning Commission's action on Amendment 8 and recommendation
on the Addendum, the Walt Disney Company "Disney alleged that one of the members of the
City Council, Lucille Kring, had a conflict of interest under the Political Reform Act, and
provided the City Attorney with a copy of the Crabb Advice Letter No. A -00 -066 from the
California Fair Political Practices Commission "FPPC relating to a councilmember in the
town of Truckee, and threatened to file litigation if she participated at the hearing. Following
consultation with the City Attorney, and in an abundance of caution, Councilwoman Kring chose
to not participate in the matter unless and until the issue of whether a conflict of interest existed
under the Political Reform Act was resolved, and Councilwoman Kring thereupon left the
Council chambers for the duration of the matter; and
WHEREAS, on February 13, 2007, the City Council held a duly noticed public
hearing on Amendment 8 and the Addendum and, following such public hearing, voted on the
approval of the Addendum and Amendment 8, and such vote resulted in a 2 -2 tie on the matter;
and
WHEREAS, the Addendum prepared in connection with Amendment 8 was not
approved and /or adopted by the Planning Commission, and the Planning Commission only
recommended approval of the Addendum to the City Council, and lacked the authority to take
any final action on the Addendum, the Council's 2 -2 tie vote on February 13, 2007 did not result
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in the approval of the Addendum because the City Council did not approve the Addendum or
Amendment 8 at that meeting; and
WHEREAS, immediately following the February 13, 2007 Council meeting, and
pursuant to applicable provisions of the Political Reform Act, the City Attorney's Office
requested formal written advice from the FPPC as to whether there was, or may be, a conflict of
interest preventing Councilwoman Kring from participating in the City Council decision on the
Addendum and Amendment 8, and Councilwoman Kring has also retained a personal attorney to
advise her on this issue. The City is currently awaiting a response from the FPPC regarding
whether Councilwoman Kring has a conflict of interest that would prevent her from participating
in the City Council decision on the Addendum and Amendment 8. If it is determined by
Councilwoman Kring and /or the FPPC that she does not have a disqualifying conflict of interest,
Councilwoman Kring should have been able to participate at the February 13, 2007 City Council
hearing and would be permitted to participate on future actions pertaining to the Addendum and
Amendment 8; and
WHEREAS, on February 20, 2007, the City received a written request from the
SunCal Companies that the City Council rehear Amendment 8 pursuant to Anaheim Municipal
Code Section 1.12.100 (SunCal Rehearing Request and
WHEREAS, the City Council has the authority to accept the SunCal Rehearing
Request and place this matter on a future agenda for consideration pursuant to Anaheim
Municipal Code Sections 1.12.100, 1.12.099, 18.68.060, 18.72.060, and any other applicable
provisions of law, for those reasons set forth in the Staff Report dated March 20, 2007, which are
incorporated herein by reference. The City has historically and consistently construed the
rehearing provisions contained within the Anaheim Municipal Code to apply to both legislative
and administrative matters and has in fact granted and denied requests for rehearings for both
legislative and administrative matters in the past; and
WHEREAS, the City Council has reviewed and considered the SunCal Rehearing
Request, the Staff Report on this matter, and public input and documents submitted relating to
the SunCal Rehearing Request.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that Anaheim Municipal
Code Section 1.12.100 applies to and governs the SunCal Rehearing Request, and that the
SunCal Rehearing Request complies with the procedural requirements of Section 1.12.100.
Section 2. The City Council finds and determines that, because
Councilwoman Lucille Kring determined not to participate in the consideration of Amendment 8
and the Addendum unless and until a belated allegation of conflict of interest was analyzed and
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resolved, the February 13, 2007 hearing on Amendment 8 and the Addendum was not a fair
hearing and SunCal, as the real party in interest to the proceeding, was deprived of its right to
have the entire City Council participate in the decision concerning such matter, within the
meaning of Anaheim Municipal Code Section 1.12.100.012. Accordingly, the SunCal Rehearing
Request is hereby GRANTED pursuant to Section 1.12.100.
Section 3. Amendment 8 and the Addendum shall be reheard at a public
hearing to be conducted by the City Council at 5:30 p.m. on April 24, 2007, in the City Council
chambers, and the City Clerk shall give notice of such public hearing. Pursuant to Anaheim
Municipal Code Section 1.12.100.090, such rehearing shall be a de novo hearing, and shall
entirely vacate any prior action of the City Council with respect to Amendment 8 and the
Addendum.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 20th day of March, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN: NONE
ATTEST/
1.A v.I,
CI CLERK OF THE it •F ANAHEIM
64960.2
Council Members Hernandez, Galloway, Kring
Mayor Pringle, Council Member Sidhu
NONE
CITY OF ANAHEIM
By //e 46---
MAYOR OF THE CITY OF ANAHEIM
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