Loading...
HomeMy WebLinkAboutReso 2021-059 - Accepting certification by the City Clerk as to the sufficiency of the “Initiative Measure to approve future land uses and development at the intersection of Bechelli Lane and South Bonnyview Road”RESOLUTION NO. 2021-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ACCEPTING CERTIFICATION BY THE CITY CLERK AS TO THE SUFFICIENCY OF THE INITIATIVE PETITION ENTITLED BY THE CITY ATTORNEY AS "INITIATIVE MEASURE TO APPROVE FUTURE LAND USES AND DEVELOPMENT AT THE INTERSECTION OF BECHELLI LANE AND SOUTH BONNYVIEW ROAD" WHEREAS, on March 24, 2021, proponents of an initiative measure (the "Initiative Measure") that would establish a comprehensive regulatory plan governing future land uses and development for approximately twenty-five (25) acres of property located at the northeast corner of the intersection of South Bonnyview Road and Bechelli Lane (the "Specific Plan Area") and would also increase residential density for an approximate ten (10) acre parcel immediately to the north of the Specific Plan Area submitted a Notice of Intent to Circulate an Initiative Petition; and WHEREAS, pursuant to Elections Code section 9203, the City Clerk, as the local elections official, immediately transmitted a copy of the proposed Initiative Measure to the City Attorney for preparation of a Ballot Title and Summary; and WHEREAS, the City Attorney prepared a Ballot Title and Summary of the chief purposes and points of the proposed Initiative Measure, as required for the circulation of an Initiative Petition, and entitled the Initiative Petition as "Initiative Measure to Approve Future Land Uses and Development at the Intersection of Bechelli Lane and South Bonnyview Road;" and WHEREAS, the City Clerk transmitted the Ballot Title and Summary to the Initiative Measure proponents on April 8, 2021; and WHEREAS, the City Clerk contacted the County of Shasta Registrar of Voters to determine the number of registered voters within the jurisdictional boundaries of the City of Redding, as of its most recent report to the Secretary of State pursuant to Elections Code section 2187, and the City Clerk determined that the number of registered voters within the jurisdictional boundaries of the City of Redding was 56,170; and WHEREAS, the City Clerk determined that, pursuant to Elections Code section 9215, the Initiative Petition would require signatures amounting to at least 5,617 (56,170 x .10) registered voters within the jurisdictional boundaries of the City of Redding in order to qualify for City Council action to either directly adopt the Initiative Measure or schedule the same for an election; and WHEREAS, the proponents of the Initiative published the Notice of Intent and Ballot Title and Summary in accordance with Elections Code sections 9205 and 9206 on April 13, 2021; and WHEREAS, the Petition setting forth the Notice of Intent, Ballot Title and Summary and the text of the Initiative was thereafter circulated within the City of Redding; and WHEREAS, on April 28, 2021, the proponents filed the Initiative Petition, consisting of 351 sections and containing a raw count of unverified signatures of 10,331 signatures, with the City Clerk; and WHEREAS, the City Clerk completed a prima facie count of the unverified signatures on April 28, 2021, concluded that the Initiative Petition contained signatures in excess of the minimum number of signatures required, and delivered the Initiative Petition to the County of Shasta Registrar of Voters on April 29, 2021; and WHEREAS, pursuant to Elections Code sections 9211 and 9115, the County of Shasta Registrar of Voters may proceed with signature verification by random sample of at least 500 signatures; and WHEREAS, Elections Code sections 9211 and 9115 further provide that if the statistical showing shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall verify the signatures filed; and WHEREAS, on May 4, 2021, the County of Shasta Registrar of Voters notified the City Clerk that she had completed signature verification by delivery of a "Signature Verification Certificate," attached and incorporated herein as Exhibit A, with the results reported as follows: Number of unverified signatures filed: 10,331 Number of signatures checked: 500 Number of signatures found sufficient: 383 Number of signatures found not sufficient: 117 WHEREAS, approximately seventy-six point six percent (76.6%) of the number of signatures verified were found sufficient and, as a consequence of use of the statistical sample, this results in an estimated valid signature count of 7914 (.766 x 10,331 raw count); and WHEREAS, the ratio of estimated valid signatures (7914) to the minimum number of signatures required for qualification of the Initiative Petition (5617) is one hundred forty point nine percent (140.9%) and in excess of the presumptive percentage required by Elections Code sections 9211 and 9115 of ninety-five percent (95%); and WHEREAS, Elections Code sections 9211 and 9115 provide that if the Initiative Petition is found to be sufficient, the City Clerk shall certify the results of the examination to the City Council at the next regular meeting of the City Council; and WHEREAS, the City Clerk has issued a Certificate of Sufficiency of the Petition which is attached and incorporated herein as Exhibit B; E NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: The recitals set forth herein are true, correct, and are adopted herein as findings of law and fact. 2. The Certificate of Sufficiency of the Petition, attached hereto as Exhibit B, is hereby accepted by the City Council. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council on the 18"' day of May, 2021, by the following vote: AYES: COUNCIL MEMBERS: Dacquisto, Mezzano, Schreder, Winter, and Resner NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE ATTEST: PAMELA MIZE, ity Clerk 3 RIN D. ER, Mayor FORM APPROVED: BARRY E. DeWAJ,61y Attorney