CC MIN 1959 - Laserfiche WebLink

Browse Search

273 potential in or bay front area of the County., Councilman Spillers moved adoption of RESOLUTION NO& 2670 APPROVING AND ENDORSING PROPOSED A. B. 72 TO PERMIT CITIES TO SHARE IN FEDERAL AID FOR HIOHNAYS IN URBAN AREAS, seconded by Councilman Weymouth and carried unanimously on roll call. pow City Manager memorandum on Po Co A. Auditorium site wherein the Po C. A. plans to sell all their prop - , Larty except 15 acre parcel which they intend to deed to the City and proceeds from sale of excess property are to be used to develop the auditorium site in conjunction with the City* The City Manager outlined the proposal of how the City and the P. C. A. would work together* Councilman Granger moved that the Council look with favor upon the recommendation of the City Managers seconded by Councilman Spillers and carried* me Woodside M. Jo King Construction Co. requested an extension of time to complete the improvements in Wo Terrace No. 8 until July 31., 1959- Councilman Herkner moved to grant the extension on the recommend- ation of the City Manager and the City Engineers, (Minute Order #59-15)., seconded by Councilman Spillers and carried* J. 0. Archibald Company submitted a letter on the subject of a five mile extension of north Main Streets Redwood City and development of 1000 or more acres of industrial and recreational lands and facilities, Councilman Weymouth moved to accept the letter and referred it to the City Manager for investigation and report back to the Councilp seconded-byCouncilman Rosselli and carried* The Clerk submitted the following report with regard to the Referendum Petition": On December 9s 1958, 1 certified to your Honorable Council that I had received a petition seeking reconsideration of Ordinance No. 600.96 which was adopted by the Council on Nov- ember 3s 1958. Based upon the fact that inseveral respects the petition did not comply - with the requirements for such petitions established by the Charter., the Constitution and the Election Code., I deemed it beyond my authority to approve and certified the petition insufficient. I aw This determinations and the subsequent action of the Council was later challenged by a legal action filed in the Superior Court* That court on March 4s 1959, issued a memoran- dum opinion which sustained the action of both the Council and the Clark* However* while the opinion confirmed the Clerk's right to refuse to "check the signatures without the petitions complying with the law"' and while the opinion stated that the courts would not disturb the Clerk's action in refusing to check and certify such signaturess it also stated that the legal requirements in question are for the Clerk's benefit and the Clerks, in effects had the authority to waive the defects and proceed -to check the signatures* The Court also stated that if the Clerk exercises this authority, and determines that the petition is signed by the required number of qualified voters of the cityp he is then obligated to certify this finding to the Council* I have in fact checked all signatures on the defective petition and I have determined that it has been signed by more than 10% of the registered voters of the city at the time the petition was filed* Therefore., in accordance with Court's opinion., I hereby rescind the certification of December 9,9 1958, and submit the following certification to the Council* Is Ralph So Dodge, Clerk of the City of Redwood City., hereby certify as follows: le That on the lst day of Decembers 1958 at a regular Council meeting of the City of Redwood City, I received and accepted for filing the attached petition entitled""Refer- endum Petition" consisting of 25 sections.- 2. That I have examined the same together with and in accordance with the Charter of the City of Redwood City, the General Laws of the State of California dnd the Constitution of the State of California; 3* That in connection with the above mentioned examinations, I have referr6d,-!to and examined the records of registration cf voters of Redwood City and determined that there was a total of 21s101 registered voters of the City of Redwood City at the time of the filing of said petition; 4. That as a result of the abovementioned examinations, I have ascertained that the attached petition is signed by more than 10% of the voters of the City of Redwood City*- IN.WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Redwood City this 16th day of March., 1959. Councilman Spillers moved to place this on the agenda in three weekss A pril 6th, seconded by Council- man Granger, Councilman Rosselli moved to amend the motion to place the matter on the agenda next week., March 23rd. After discussions and at the request of A ttorney Robert Dell#Ergos Councilman