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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 1 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 2 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 3