AgdaPkt 2008-08-04 - Laserfiche WebLink

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REPORT 7A Page 1 To the Honorable Mayor and City Council From the Ci Mana er AUQust4,2oo8 SUBJECT Draft City Council Measure Amending Redwood City Charter and submission of certain amendments to the Redwood City Charter to the voters of the City of Redwood City. RECOMMENDATION 1. Consider adoption of Resolution submitting the proposed City Council Measure amending City Charter to the voters of Redwood City. 2. Adopt resolution calling and giving notice for the holding of a special municipal election if the selected date is November 4, 2008, for the submission of proposed amendments. to the Charter of the City of Redwood City; setting forth the ballot questions as each will appear on the ballot; setting forth the relevant election calendar for ballot arguments; directing that the full text of each measure is to be included in the ballot pamphlet; and having the City Council prepare draft arguments in favor or opposition to the respective ballot measures. 3. Adopt a resolution requesting the Board of Supervisors of the County of San Mateo to consolidate the Redwood City special municipal election with the statewide general election to be held on November 4, 2008. 4. Authorize the City Clerk to enter into a Service Agreement for the provision of election services with the San Mateo County Chief Elections Officer to conduct a special election for the City of Redwood City. 5. Direct the City Clerk to provide all election notices required by law and file the resolutions with the County of San Mateo. BACKGROUND At the July 28, 2008 meeting, the City Council heard testimony from the public with respect to a proposed City Council measure amending the Redwood City Charter. This measure would require majority voter approval for development of the Cargill lands. The City Council made suggestions with respect to the City Council measure and directed staff to present an optional measure if appropriate. After further review and consultation, the City Attorney advises City Council not to proceed with an additional alternative measure at this time. The City's Charter is more than simply a written document It operates as the "constitution" for the people of Redwood City and is the supreme law of the City. In order to respect the import of the City's Charter and to assure its validity, a number of related legal concerns arise. First, a measure different in scope then the one already drafted may raise compliance issues under the California Environmental Quality Act. There is simply insufficient time available to conduct a thorough review of the CEQA issues to ensure that such an alternative measure dqes not require CEQA compliance before being submitted to the voters. Second, in attempting to prepare another charter amendment, the City Attorney is concerned about overlooking unintended consequences, which is the very concem that caused the City Council to draft an alternative measure to the one submitted by 1