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RES-2018-096RESOLUTION NO. 2018- 0 9 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTIONS 10403 AND 10418 OF THE ELECTIONS CODE AND RESCINDING RESOLUTION NO. 2016-202 (REFERENDUM MEASURE ADOPTING ORDINANCE 6376 APPROVING A DEVELOPMENT AGREEMENT PROVIDING VESTED RIGHTS FOR CONSTRUCTION OF A HOTEL AT 1700 S. HARBOR BLVD.) WHEREAS, the City Council of the City of Anaheim has called a General Municipal Election to be held on Tuesday, November 6, 2018, for the purpose of placing a referendum petition relating to Development Agreement No. 2016-00001, approved by the City Council on July 26, 2016 by the adoption of Ordinance No. 6376; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide Election to be held on the same date and that within the City the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, the City Council previously adopted Resolution No. 2016-202 requesting consolidation with the Statewide Election, which it now desires to rescind and replace with this resolution. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That Resolution No. 2016-202 is hereby rescinded in its entirety. SECTION 2. That pursuant to the requirements of Sections 10403 and 10418 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 6, 2018, for the purpose of placing a ballot measure resulting from a referendum petition before the electorate in substantially the following form: MEASURE I YES REFERENDUM MEASURE APPROVING DEVELOPMENT AGREEMENT NO. 2016-00001 — Shall Anaheim City Council Ordinance No. 6376, which would approve a Development Agreement and provide a vested right to develop a Four Diamond 580- NO room, eight -story hotel on property located at 1700 S Harbor Blvd. during the five-year term of that Development Agreement in accordance with governmental approvals and entitlements granted by the City, be adopted? SECTION 3. That the county election department is authorized to canvass the returns of the General/Special Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Anaheim recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City acknowledges that the consolidated election requested by this Resolution will be held and conducted in the manner prescribed by California Elections Code Section 10418 and, to the extent that anything in this Resolution shall conflict with such provisions, the provision of Elections Code Section 10418 shall control and supersede such inconsistent provision(s). SECTION 7. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Orange. SECTION 8. 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 31 S` day of July, 2018, by the following roll call vote: AYES:Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES:None ABSENT: None ABSTAIN: None CITY OF ANAHEIM EY:—( -/Z / MAYOR OF THE CITY OF ANAHEIM ATTEST: A ING CITY (CLERK OF THE CITY OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, Acting City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2018-096 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 31St day of July 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 1St day of Auqust, 2018. ACTING CITY dLERK OF THE CITY OF ANAHEIM (SEAL)