AgdaPkt 2008-06-30 - Laserfiche WebLink

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7A Page 2 Zoninq Code Desiqnations 1. Tidal Plain; and 2. Redwood Shores Bay Front. Any legislative action that would permit any use of those identified areas other than for agriculture, public parks and recreation, restored wetlands, or certain extractions from the San Francisco Bay, would require approval by at least two-thirds of the City's voters at a City election. The initiative contains a few exemptions from the two-thirds voter approval requirement, including when a property owner obtains a vested right by the effective date of the initiative, when the City Council determines that application of the vote requirement constitutes an unconstitutional taking of property, and when the City Council determines that use of designated lands is necessary in order to comply with its housing obligations under state law. On May 28, 2008, proponents of the initiative filed the petition for verification, The petition was required to be signed by at least 15 percent of the registered voters of the City, which amounted to 5,268 voters. After a full review of the petition, the County Elections Office determined that it contained 6,527 valid signatures. Accordingly, on June 20,2008, the City Clerk certified the petition as sufficient, and will submit the matter to the City Council to review at its next regular meeting, scheduled for July 7, 2008. RESPONSES TO CITY COUNCIL QUESTIONS Following are responses to questions raised by City Council members during the May 19, 2008 public meeting. For ease of reference, staff has organized the questions by subject matter rather than in the order they were asked. The responses are meant to provide the public and the City Council with a general understanding about the potential scope of the initiative and are not meant to be comprehensive or exhaustive. Individuals having particular concerns about the effect of the proposed initiative on their particular parcels of land or interests should confer with their own legal counsel. SECTION I: Requirements for Passing the Initiative and any Competing or Subsequent Initiatives 1. Can the City Charter be changed by a majority vote to require a subsequent two-thirds vote on the issues encompassed by the initiative? Response: Yes, the City Charter can only be amended by a majority vote. Both City and State law require that a Charter amendment must be approved by a majority vote. (City Charter, 992; Cal. Canst., art. XI, 93.) Thus, amendments to the City Charter, including the initiative, must be by majority vote, not a super-majority vote. (See Howard Jarvis Taxpayers Assn. v. City of San Diego (2004) 120 Cal.App.4lh 374.) 2