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 CITY COUNCIL AGENDA ITEM NO. 21


Meeting Date: September 10, 2002

Subject/Title: Approve a Resolution accepting the Certification of the Referendum Petition against Ordinance 709.

Submitted by: Karen Diaz, City Clerk/Director of Administrative Services

Approved by: John Stevenson, City Manager


RECOMMENDATION
1. Approve a resolution accepting the Certification of the Referendum Petition against Referendum Petition against Ordinance 709, and 

2. Provide direction to staff as to the preferred option as provided by State statute.

PREVIOUS ACTION
Ordinance No. 709 was adopted on second reading at the July 9, 2002 City Council meeting for a scheduled effective date of August 8, 2002.

BACKGROUND
On August 7, 2002, a referendum petition, containing 2,233 signatures was accepted for filing. The petition, submitted by proponents represented by Olson, Hagel & Fishburn LLP, is entitled, “An ordinance of the City Council of the City of Brentwood approving the rezone of approximately 133.1 acres (RZ 01-14) located north of Lone Tree Way, south of Neroly Road, and east of the Union Pacific Railroad tracks from a mix of Single Family Residential Estate (R-1-E), Single Family Residential (R-1), and Moderate Density Multi-Family Residential (R-2) to Planned Development (PD) 59 and adding Chapter 17.521 to the Brentwood Municipal Code which establishes development standards for six subareas within PD-59 known as subareas “A”, “B”, “C”, “D”, “E”, and “F”.” The petition challenging the City Council action was filed within the required 30-day waiting period.

The number of registered voters in Brentwood as of the last official report of registration to the Secretary of State was 11,801. State law provides that a referendum petition containing valid signatures of at least 10% of the registered voters is a qualified referendum petition. After verifying the signatures it has been determined that the signatures on the petition as submitted meet and exceed the required 10 percent.
The City Council must consider one of the following options:
1. Direct staff to return with implementing documents for the City Council to repeal Ordinance No. 709; or

2. Submit the measure to the voters at the next regular municipal election of the City Council to be held in November 2004. The cost to place the measure with the City Council/Mayoral election is estimated to be additional $5,000 to the election budget. Staff would return with implementing documents at the appropriate time; or

3. Conduct a special election prior to the City’s regular election to vote on this measure at a cost of approximately $3.50 - $4 per registered voter. The approximate cost for a standalone election would be over $45,000. Staff to return with implementing documents.

Attachment - Proposed Resolution


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE CLERK’S CERTIFICATION OF THE REFERENDUM PETITION AGAINST BRENTWOOD CITY COUNCIL ORDINANCE NO. 709



BE IT RESOLVED that the City Council of the City of Brentwood hereby accepts the certification by the County Clerk of the County of Contra Costa for the Referendum Petition against Ordinance 709, submitted on Wednesday, August 7, 2002, a copy of which certificate is attached hereto as Exhibit “A”.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held the 10th day of September 10, 2002 by the following vote:

AYES:
NOES:
ABSENT:



________________________________
Michael A. McPoland, Sr.
Mayor


ATTEST:



______________________________
Karen Diaz, CMC
City Clerk

City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov