RES-2008-020RESOLUTION NO. 2008- 020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, WITHDRAWING THE ORDER FOR
SUBMISSION OF AN INITIATIVE MEASURE TO THE
QUALIFIED ELECTORS OF THE CITY OF ANAHEIM,
RESCINDING RESOLUTION NO. 2007 -161 CALLING AND
GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION WITHIN THE CITY OF ANAHEIM ON
JUNE 3, 2008, AND RESCINDING RESOLUTIONS NOS. 2007-
202, 2007 -203 AND 2007 -204 RELATING TO SAID SPECIAL
MUNICIPAL ELECTION.
WHEREAS, under the provisions of Section 1303 of the Anaheim City Charter and
Section 9214 of the Elections Code of the State of California, the City Council of the City of
Anaheim heretofore received a duly signed and certified initiative petition containing the signatures
of not less than fifteen percent (15 of the voters of the City according to the last report of
registration by the county elections official to the Secretary of State pursuant to Sections 2187 of the
Elections Code of the State of California, which initiative petition generally prohibits residential
development in the area of the City of Anaheim designated as the Anaheim Resort without
environmental and economic analyses, city council approval, and city voter approval at a city
election (the "initiative measure and
WHEREAS, the City Council heretofore adopted its Resolution No. 2007 -161, calling
and giving notice of the holding of a special municipal election to be held within the City of
Anaheim on Tuesday, June 3, 2008, and requested that said special municipal election be
consolidated with the statewide primary election to be held on said date pursuant to Section 10403 of
the Elections Code of the State of California; and
WHEREAS, the City Council heretofore adopted its Resolution No. 2007 -202
ordering the submission of said initiative measure to the qualified electors of the City of Anaheim at
the special municipal election to be held on Tuesday, June 3, 2008; and
WHEREAS, the City Council heretofore adopted its Resolutions Nos. 2007 -203 and
2007 -204 setting priorities for filing written arguments regarding said initiative measure; directing
the City Attorney to prepare an impartial analysis of said initiative measure; and providing for the
filing of rebuttal arguments for said initiative measure; pursuant to the provisions of Section
1405(a)(1) of the Elections Code of the State of California, the City Council is authorized to set and
hold the election regarding said initiative measure on the date of the special municipal election
herein set forth; and
WHEREAS, the City Council has heretofore adopted its Ordinance No. 6098
enacting said initiative measure in its entirety; and
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WHEREAS, the City Council desires to withdraw the order submitting said initiative
measure to the qualified electors of the City of Anaheim, to cancel the special election heretofore
called for June 3, 2008, and to rescind Resolutions Nos. 2007 -202, 2007 -203 and 2007 -204 relating
to said initiative measure and special election, pursuant to the provisions of Section 9605 of the
Elections Code of the State of California..
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1.
That pursuant to the provisions of Section 1303 of the Anaheim City Charter, and
Section 9605 of the Elections Code of the State of California, the City Council hereby withdraws the
order heretofore adopted pursuant to Resolutions Nos. 2007 -202 and 2007 -161 submitting said
initiative measure to the qualified electors of the City of Anaheim. A statement of the specifics
concerning said withdrawal are as follows:
(A) The City Council heretofore received a duly signed and certified initiative petition
containing the signatures of not less than fifteen percent (15 of the voters of the City relating to
said initiative measure; and
(B) Section 9214 of the Elections Code of the State of California requires the City
Council to either adopt said initiative measure in its entirety or submit said initiative measure to the
qualified electors of the City of Anaheim at a special municipal election; and
(C) The City Council has heretofore adopted its Resolutions Nos. 2007 -202 and 2007 -161.
calling a special election in the City of Anaheim for Tuesday, June 3, 2008, and ordering the
submission of said initiative measure to the qualified electors of the City at said special municipal
election; and
(D) On March 4, 2008, the City Council adopted its Ordinance No. 6098 enacting said
initiative measure in its entirety; and
(E) Due to the adoption of said initiative measure by the City Council, there is no longer
any need or legal requirement to submit said initiative measure to the qualified electors of the City at
a special municipal election.
SECTION 2.
Pursuant to the provisions of Section 9605 of the Elections Code of the State of
California, and for the reasons set forth in Section 1 above, the City Council hereby cancels the
special municipal election heretofore called and ordered for June 3, 2008, and rescinds City Council
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Resolutions Nos. 2007 -202, 2007 -203 and 2007 -204 relating to said initiative measure and said
special municipal election.
SECTION 3.
The City Council further orders and directs that this resolution shall be filed with the
elections official not later than March 12, 2008, and that the City Clerk is hereby directed to file a
certified copy of this resolution with the Board of Supervisors and the County elections department
of the County of Orange not later than said date.
SECTION 4.
That the City Clerk shall certify to the passage and adoption of this resolution and
enter it into the book of original resolutions.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 4th day of March, 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Kring
NOES: Council Members Galloway, Hernandez
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
66435.3
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CITY OF ANAHE
By
MAYOR OF THE CITY OF AIM