RES-2007-227RESOLUTION NO.2007- 227
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM, CALIFORNIA, WITHDRAWING A REFERENDUM
MEASURE PREVIOUSLY ORDERED SUBMITTED TO THE
VOTERS OF THE CITY OF ANAHEIM RELATING TO
ANAHEIM GENERAL PLAN AMENDMENT NO. 2006 00448;
AMENDING RESOLUTION NO. 2007 -161 ACCORDINGLY;
AND REPEALING RESOLUTIONS NOS. 2007 -162 AND 2007 -163
WHEREAS, pursuant to the provisions Section 1303 of the Anaheim City Charter
and Section 9237 of the Elections Code of the State of California, a referendum petition was
submitted to the City of Anaheim, and was certified by the City Clerk in accordance with applicable
provisions of law, relating to General Plan Amendment No. 2006 -00448 as heretofore approved by
the City Council of the City of Anaheim by the adoption of its Resolution No. 2007 -053 on April
24, 2007; and
WHEREAS, in accordance with the provisions of Section 9241 of the Elections Code
of the State of California, the City Council is required to either (i) repeal said General Plan
Amendment No. 2006 -00448 in its entirety, or (ii) call and hold an election for the consideration of
said General Plan Amendment No. 2006 -00448 by the voters of the City of Anaheim; and
WHEREAS, on August 21, 2007, the City Council adopted its Resolution No. 2007-
161 calling and giving notice of the holding of a special election in the City of Anaheim for the
submission to the voters of the City of Anaheim of a referendum measure relating to Anaheim City
Council Resolution No. 2007 -053 approving Anaheim General Plan Amendment No. 2006 -00448
(the "referendum measure and further adopted (i) Resolution No. 2007 -162 setting priorities for
filing written arguments regarding said referendum measure and directing the City Attorney to
prepare an impartial analysis of said referendum measure, and (ii) Resolution No. 2007 -163
providing for the filing of rebuttal arguments regarding said referendum measure; and
WHEREAS, on October 23, 2007, the City Council adopted its Resolution No. 2007-
202 ordering the submission to the qualified electors of the City of Anaheim of an initiative measure
generally prohibiting residential development within the Anaheim Resort without environmental and
economic analyses, City Council approval, and City voter approval at a City election, at the special
municipal election to be held on June 3, 2008, as previously called by City Council Resolution No.
2007 -161; and
WHEREAS, contemporaneous with the adoption of this resolution, the City Council
has adopted its Resolution No. 2007- 226 repealing Anaheim General Plan Amendment No. 2006-
00448 and City Council Resolution No. 2007 -053; and
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WHEREAS, the action of the City Council repealing Anaheim General Plan
Amendment No. 2006 -00448 complies with the requirements of Section 9241 of the Elections Code
of the State of California and renders moot any requirement for submission of the referendum
measure to a vote of the electorate; and
WHEREAS, for the foregoing reasons, the City Council desires to rescind its previous
action as heretofore set forth in City Council Resolution No. 2007 -161 and to withdraw the
referendum measure which was previously ordered submitted to a vote of the electorate pursuant to
Resolution No. 2007 -161, and to amend said Resolution No. 2007 -161 accordingly; and
WHEREAS, the City Council does further desire to repeal Resolutions Nos. 2007 -162
and 2007 -163 relating to said referendum measure; and
WHEREAS, Section 9605 of the Elections Code of the State of California provides
that the City Council may amend or withdraw a measure previously ordered submitted to a vote of
the electorate at any time up to the 83rd day prior to the election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS
SECTION 1.
That, for the reasons and specifics as hereinabove set forth, the City Council does
hereby rescind its previous action concerning the submission of the referendum measure to the voters
of the City of Anaheim, and does hereby withdraw said referendum measure, and does hereby order
and direct that such referendum measure be removed from the election ballot for the special
municipal election scheduled to be held on June 3, 2008.
SECTION 2.
That Section 1 of Resolution No. 2007 -161 be, and the same is hereby, amended in
its entirety to read as follows:
"That pursuant to the provisions of Section 1303 of the Anaheim City
Charter, and Section 9214(b) of the Elections Code of the State of California, there
is hereby called and ordered to be held in the City of Anaheim, California, on
Tuesday, June 3, 2008, a special municipal election for the purpose of submitting to
the voters of the City at such election the initiative measure, including the form of the
question thereof to be submitted to the voters, as described and set forth in City
Council Resolution No. 2007 -202 which initiative measure and the form of the
question to be submitted to the voters of the City are incorporated herein by this
reference as if set forth in full."
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That, except as expressly amended by the provisions of this resolution, Resolution
No. 2007 -161 shall remain in full force and effect.
That Resolution No. 2007 -162 and Resolution No. 2007 -163 be, and the same are
hereby, repealed in their entireties.
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.
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 27th day of November, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Kring
NOES: Council Members Hernandez, Galloway
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
65822.3
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
CITY CLERK OF THE CIT
ANAHEIM
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CITY OF AHEIM
By
MA OR OFTHEC NAHEIM