AgdaPkt 2004-08-05 - Laserfiche WebLink

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,.- 7 A- \ ~ REPORT To the Honorable Mayor and City Council From the City Clerk and City Attorney August5,2004 Subject Consideration and action regarding petition for referendum of Ordinance No. 1130-332, (Marina Shores) rezoning property located at Peninsula Marina, Pete's Harbor, Uccelli Road and Bair Road Recommendation Provide direction as necessary Background On June 28, 2004, the City Council adopted three ordinances related to the Marina Shores Village Residential/Commercial Project. -- On July 27,2004, a referendum petition was filed in the City Clerk's Office to repeal Redwood City Zoning Ordinance 1130-332, adopted on June 28, 2004, to rezone property located at the Peninsula Marina, Pete's Harbor, Uccelli Road and Bair Island. The power of the referendum is reserved to the people of the State by Article 2, Section 9 of the California Constitution. The statutory authority is found in California Elections Code section 9235, et seq. Elections Code section 9235 provides that no city ordinance shall become effective until 30 days from its final passage. If a valid referendum petition is filed within the 30-day period, then the newly enacted ordinance the petition is seeking to repeal is suspended and does not become effective and may not be implemented until and unless it is approved by a majority of the voters. The referendum power is subject to constitutional and statutory exceptions that do not apply in this case. For a petition to be valid, it must be timely filed, bear the signatures of ten percent (10%) of the registered voters of the city, and be in proper form. The official number of registered voters of the City of Redwood City based on the last report sent to the Secretary of State is 32,088. The minimum number of signatures needed to qualify at 10% is 3209. If the petition on its face is signed by the requisite number of voters, the City Clerk then has thirty (30) days to examine the validity of all or a random sample of the signatures on the petition. The referendum petition, which included 563 sections and 3967 signatures (prima facie), was determined to be valid and filed. On July 28,2004, the referendum petition was delivered to the San Mateo County Elections Office with a written request for both a random and complete signature verification of all 563 sections within 30 working days. Upon certification of a referendum petition, the City Council may either repeal the ordinance or submit the ordinance to the voters. The City Council may also choos~ to submit the ordinance to the voters without a petition. ". -" _...