RES-2010-124RESOLUTION NO. 2010 -124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CALLING A SPECIAL ELECTION OF THE
QUALIFYING ELECTORS RESIDING WITHIN THE
BROADWAY/THISTLE ANNEXATION TERRITORY
PURSUANT TO SECTION 57000(e) OF THE GOVERNMENT
CODE OF THE STATE OF CALIFORNIA TO DETERMINE
WHETHER TO CONFIRM THE ORANGE COUNTY LOCAL
AGENCY FORMATION COMMISSION ORDER OF
ANNEXATION TO THE CITY OF ANAHEIM OF THE
BROADWAY /THISTLE ISLAND ANNEXATION SUBJECT
TO THE TERMS AND CONDITIONS SPECIFIED IN SUCH
ORDER AND SETTING PRIORITIES FOR FILING PRIMARY
AND REBUTTAL WRITTEN ARGUMENTS TO BE
SUBMITTED TO THE ELECTORS AND DIRECTING THE
CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, twenty (20) landowners filed petitions with the Local Agency Formation
Commission of Orange County ( "LAFCO ") for annexation of unincorporated territory located in
the City of Anaheim's sphere of influence, consisting of approximately 30 acres of
unincorporated territory generally located to the West of Brookhurst Avenue, to the east of
Rosebay Street, south of Broadway Avenue and north of Clearbrook Street, designated by
LAFCO as the "Broadway /Thistle Annexation to the City of Anaheim RO 10 -01 (hereinafter the
"Broadway /Thistle Annexation "); and
WHEREAS, the Broadway /Thistle Annexation was considered and approved by LAFCO
Resolution RO 10 -01 on May 12, 2010; and
WHEREAS, in accordance with Government Code Section 5700 et seq., a period of
protest was established by LAFCO in which the registered voters residing in the
Broadway /Thistle Annexation territory had the opportunity to submit written protests to the
LAFCO Executive Officer; and
WHEREAS, following the legally noticed Protest Hearing conducted by the LAFCO
Executive Officer, the written protests were submitted by the LAFCO Executive Officer to the
Orange County Registrar of Voters for validation; and
WHEREAS, the Registrar of Voters determined that i) the total number of registered
voters within the annexation area totaled 217; and ii) the total number of valid registered voter
protests submitted during the formal protest period totaled 105; and
WHEREAS, the number of valid registered voter protests represented more than 25
percent of the total number of valid registered voters within the annexation territory; and
WHEREAS, LAFCO is required to order the annexation subject to confirmation by the
registered voters in the annexation territory; and
WHEREAS, by resolution no. RO 10 -01P, LAFCO directed staff to notify the Anaheim
City Council that an election must be held to confirm the annexation order, and
WHEREAS, pursuant to Government Code Section 57000 (e), the Anaheim City Council
is required to direct the Anaheim elections official to conduct the necessary election.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Anaheim
as follows:
That the foregoing recitals are true and correct.
2. That the City Council does hereby call a special election of the qualified electors
within the Broadway /Thistle Annexation territory to consider the following proposition (the
"Proposition):
ANNEXATION OF BROADWAY/THISTLE YES
ISLAND: Shall the order adopted on May 12, 2010,
by the Orange County Local Agency Formation
Commission ordering the annexation to the City of
Anaheim of the territory described in that order and
designated as the "Broadway /Thistle Island NO
Annexation to the City of Anaheim (RO 10 -01)" be
confirmed subject to the terms and conditions
specified in the order?
3. That the vote at said special election upon the Proposition shall be by the
registered voters residing within the Broadway /Thistle Annexation territory, with each voter
having one vote.
4. That the City Clerk is hereby designated as the election official for purposes of
conducting said special election.
5. The special election shall be conducted wholly by mail pursuant to Division Four,
Chapter 1 of the California Elections Code.
6. The election official shall provide ballots and election materials in the manner
provided by law, including but not limited to Division Four, Chapter 2 of the California
Elections Code, and Title 5, Division 3, Part 4, Chapter 6 of the California Government Code.
7. The City Council authorizes the Mayor of the City of Anaheim to prepare and file
written arguments in favor of the Proposition and does authorize any member of the City Council
to submit an argument against either or both of said ballot measures, and to change the
arguments for or against such measure(s), until 5:00 p.m., on August 6, 2010.
9. In accordance with Section 57146 of the Government Code of the State of
California, the printed names and signatures of not more than five authors shall appear with any
argument submitted in accordance with this resolution. The authors of any argument submitted
for or against each of said ballot measures may include, but shall not be limited to, the Mayor
and other members of the City Council.
10. Pursuant to Government Code Section 57145, in the event more than one
argument for or more than one argument against the Proposition, is submitted to the elections
official within the time prescribed, the elections official shall select one of the arguments in favor
and one of the arguments against each measure for printing and distribution to the voters. In
selecting the argument, the elections official shall give preference and priority, in the order
named, to the arguments of the following:
(a) The legislative body of an affected agency or any authorized member or members
of the legislative body;
(b) Individual voters or association of citizens or a combination of voters and
associations.
11. That the City Council directs the City Clerk to transmit a copy of the Proposition
to the City Attorney who shall prepare an impartial analysis of the Proposition. The impartial
analysis shall be filed with the City Clerk not later than 5:00 p.m., August 2, 2010.
12. That, pursuant to Section 57147 of the Government Code of the State of
California, when the elections official has selected the arguments for and against the Proposition
which will be printed and distributed to the electors, the elections official shall send copies of the
argument in favor of the Proposition to the authors of the argument against the measure, and
copies of the argument against the Proposition to the authors of the argument in favor of the
measure. The authors may prepare and submit rebuttal arguments not exceeding 250 words.
The rebuttal arguments shall be filed with the elections official not later than 5:00 p.m.,
August 16, 2010. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks
to rebut.
13. The elections official shall certify the proper mailing of ballots by an affidavit,
which shall constitute conclusive proof of mailing.
14. The voted ballots shall be returned to the election official at the office of the City
Clerk of the City of Anaheim not later than 5:00 p.m., on August 31, 2010. Only ballots
received in the office of the City Clerk by 5:00 p.m. on August 31, 2010, shall be counted.
15. The Proposition shall require the affirmative vote of a majority of the votes cast
on said Proposition at the special election for adoption.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 27th day of July , 2010, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By: a4olf� /,to
Za
MAYOR OF THE CITY OF EIM
ATTEST
CITY CLERK OF THE CITY dF ANAHEIM
78244
4