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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 1 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 2 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 3 CITY OF ANAHE By MAYOR OF THE CITY OF AIM