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 CITY COUNCIL AGENDA ITEM NO. 24 


Meeting Date: September 24, 2002 

Subject/Title: Approving an Ordinance Repealing Ordinance No. 709 

Submitted by: Dennis Beougher, City Attorney 


RECOMMENDATION 
Approve the attached ordinance repealing Ordinance No. 709 that approved the rezoning of approximately 133.1 acres (RZ01-14) located north of Lone Tree Way, south of Neroly Road, and east of the Union Pacific Railroad right of way from a mix of single family residential estate (R-1E), 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, also general known as Subareas “A”, “B”, “C”, “D”, “E”, and “F”. 

PREVIOUS ACTION 
On June 25, 2002 the City Council approved Ordinance No. 709 that rezoned approximately 133.1 acres (RZ 01-14) located north of Lone Tree Way, south of Neroly Road, and east of the Union Pacific Railroad right of way 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, also generally known as subareas “A”, “B”, “C”, “D”, “E”, and “F” (hereafter this action is referenced to as “Rezoning”) 
Ordinance No. 709 approving the Rezoning was introduced at a public hearing on June 25, 2002 and was adopted by City Council on second reading at its July 9, 2002 regular meeting. Based on the City Council’s action on July 9, 2002, the Rezoning’s effective date would have been August 8, 2002. 

On August 7, 2002, a referendum petition, containing 2,233 signatures, against the adoption of the Ordinance was submitted and accepted by the City’s election official, the City Clerk. The submittal of the petition was prior to the Ordinance’s effective date and within the statutory 30-day period. As a result of the submittal of a referendum petition, this action suspended the Rezoning. 

The City Clerk, acting as the City’s election official, contracted with the County Clerk for validation of the signatures for registered voters in Brentwood. Brentwood has 11,801 registered voters as of the last official report of registration to the Secretary of State. In order to have a valid referendum petition, the referendum petition must have at least ten percent (10%) of the City’s registered voters to sign the referendum petition. 

On August 26, 2002 the County Clerk certified to the City Clerk, that the petition, as submitted, met and exceeded the required number of signatures. The City Clerk submitted the verification to the City Council for appropriate action at its September 10, 2002 City Council meeting. 

By a unanimous vote, the City Council approved Resolution No. 2669 accepting the Certification of the Referendum Petition against Ordinance No. 709, and directed staff to return with the implementing documents to repeal Ordinance No. 709. 

BACKGROUND 
In order to repeal an ordinance or a portion of an ordinance, the City Council needs to adopt an ordinance to repeal all or portion of the previously adopted ordinance. Pursuant to the City Council’s action on September 10th, attached is the proposed ordinance repealing Ordinance No. 709. 
FISCAL IMPACT 
The City will save the cost of an election if it adopts the attached ordinance. Otherwise, there is no fiscal impact as a result of the action recommended in this staff report. 

ORDINANCE NO

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD REPEALING ORDINANCE NO. 709 PERTAINING TO THE REZONING OF REZONED APPROXIMATELY 133.1 ACRES (RZ 01-14) LOCATED NORTH OF LONE TREE WAY, SOUTH OF NEROLY ROAD, AND EAST OF THE UNION PACIFIC RAILROAD RIGHT OF WAY 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 COD WHICH ESTABLISHES DEVELOPMENT STANDARDS FOR SIX SUBAREAS WITHIN PD-59, ALSO GENERALLY KNOWN AS SUBAREAS “A”, “B”, “C”, “D”, “E”, AND “F

WHEREAS, on June 25, 2002 the City Council approved Ordinance No. 709 that rezoned approximately 133.1 acres (RZ 01-14) located north of Lone Tree Way, south of Neroly Road, and east of the Union Pacific Railroad right of way 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 Cod which establishes development standards for six subareas within PD-59, also generally known as subareas “A”, “B”, “C”, “D”, “E”, and “F (hereafter this action is referenced to as “Rezoning”); and

WHEREAS, the Ordinance was introduced at a public hearing on June 25, 2002 and was adopted by City Council on second reading at its July 9, 2002 regular meeting; and

WHEREAS, based on the City Council’s action on July 9, 2002, the Rezoning’s effective date would have been August 8, 2002; and

WHEREAS, on August 7, 2002, a referendum petition, containing 2,233 signatures, against the adoption of the Ordinance was accepted by the City’s election official, the City Clerk;, prior to its effective date, within the statutory 30 day period, and thereby suspended the Rezoning; and

WHEREAS, the City Clerk, acting as the City’s election official, contract the services of the County Clerk for validation of the signatures for registered voters in Brentwood; and

WHEREAS, Brentwood has 11,801 registered voters as of the last official report of registration to the Secretary of State and a valid referendum petition requires at least ten percent (10%) of the registered voters to sign the referendum petition; and

WHEREAS, on August 26, 2002 the County Clerk certifity to the City Clerk, that the petition, as submitted, meet and exceed the required number of signatures; and

WHEREAS, the City Council at its September 10, 2002 meeting approved Resoluiton No. 2669 accepting the Certification of the Referendum Petition against Ordinance No. 709, and directed staff to return with the implementing documents to repeal Ordinance No. 709.

NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Brentwood does ordain as follows:

1. Find that the recitals stated above are true and correct.

2. That Ordinance No. 709 is hereby repealed.


PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 24th day of September, 2002 by the following vote:

AYES: Councilmembers
NOES: 
ABSENT: 
___________________
Michael A. McPoland. Sr.
Mayor


ATTEST:

__________________________________
Karen Diaz, CMC
City Clerk
City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov