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HomeMy WebLinkAboutReso 2014-051 - Referendum Petition RESOLUTION NO. 2014-051 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ACCEPTING THE CITY CLERK'S CERTICATE OF SUFFICIENCY OF REFERENDUM PETITION AGAINST A PORTION OF RESOLUTION NO. 2014-025 REGARDING THE REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF REDDING AND THE MCCONNELL FOUNDATION WHEREAS, on March 4, 2014, the City Council adopted Resolution No. 2014-025 approving the execution, delivery and performance of Real Estate Purchase and Sale Agreement between the City of Redding and The McConnell Foundation and authorizing and directing the Mayor of the City of Redding to execute same; and WHEREAS, on April 3, 2014, the City Clerk/Elections Official received a Referendum Petition against portions of Resolution No. 2014-025, specifically only those portions that approve the Real Estate Purchase and Sale Agreement and authorize the execution, delivery, and performance of said Agreement; and WHEREAS, after a prima facie review by the City Clerk, the referendum was deemed filed on April 7, 2014; and WHEREAS, pursuant to Election Code Section 9237, a referendum petition must be signed by at least 10 percent of the registered voters in the City based upon the County Election Official's last official report of registrations to the Secretary of State; and WHEREAS, it has been determined by the Shasta County Registrar's last official report of registration to the Secretary of State for the City of Redding was 47,443 registered voters and that ten percent of said registration would require 4,744 valid signatures to qualify the referendum petition; and WHEREAS, on April 11, 2014, the Shasta County Clerk/Registrar of Voters determined that the Referendum Petition contained 5,641 sufficient signatures and notified the City Clerk as set forth in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the City Clerk has prepared the Certificate of Sufficiency of Referendum Petition as set forth in Exhibit B, attached hereto and incorporated herein by reference; and WHEREAS, Elections Code Section 9114 requires that referendum petitions must be submitted to the City Council at the next regular City Council meeting following the certification. O IA NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that the City hereby accepts the Certificate of Sufficiency of the Referendum Petition prepared by the City Clerk for the Referendum Petition against Resolution No. 2014-025, a copy of which Certificate is attached hereto as Exhibit B. I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular meeting of the Redding City Council on the 6`h day of May, 2014, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBER: Cadd,Jones, McArthur, Sullivan, &Bosetti NOES: COUNCIL MEMBER: None ABSENT: COUNCIL MEMBER: None ABSTAIN: COUNCIL MEMBER: None RICK BOSETTI, Mayor ATTEST: - _ APPROVED AS TO FORM: rT()) PAMELA MIZE,City. 1. rk RICHARD A. DUVERNAY, CKAttorney EXHIBIT SHASTA COUNTY 00 Cathy Darling Allen, County Clerk / Registrar of Voters tip�ei`P Allison Denofrio, Asst. County Clerk/ Registrar of Voters/www.elections.co.shasta.ca.us 1643 Market St., Redding, CA 96001 / PO Box 990880, Redding, CA 96099-0880 Phone: 530-225-5730/FAX: 530-225-5454/CA Relay Service: 711 or 800-735-2922 SIGNATURE VERIFICATION CERTIFICATE OF SUFFICIENCY Pursuant to Section 9114 of the Elections Code, I hereby certify that on April 11, 2014, Referendum against City council Redding Resolution No.2014-025 City of Redding and McConnell Foundation Land Sale has been signed by the requisite number of qualified electors needed to declare the referendum sufficient That said petition consists of 599 sections; Number of unverified signatures filed by proponent(raw count) 7,707 Number of signatures checked 500 Number of signatures found SUFFICIENT 366 Number of signatures found INSUFFICIENT 134 INSUFFICIENT because of DUPLICATE 0 Number of signatures required to be valid 4,744 Number of valid signatures based on the random sample 5,641 Minimum required (95%) 4,507 Minimum valid required to pass based on Sample(110%) 5,218 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 111'day of April,2014. CATHY DARLING ALLEN Shasta County Clerk/Registrar of Voters fd�� EXHIBIT B CERTIFICATE OF SUFFICIENCY OF REFERENDUM PETITION AGAINST CITY OF REDDING RESOLUTION NO. 2014-025, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE EXECUTION,DELIVERY AND PERFORMANCE OF REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF REDDING AND THE MCCONNELL FOUNDATION AND AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF REDDING TO EXECUTE SAME, SPECIFICALLY ONLY THOSE PORTIONS THAT APPROVE THE REAL ESTATE PURCHASE AND SALE AGREEMENT AND AUTHORIZE THE EXECUTION, DELIVERY,AND PERFORMANCE OF SAID AGREEMENT,AND NO OTHER PORTIONS." I, Pamela Mize,City Clerk of the City of Redding,California,do hereby certify: That on April 3, 2014,proponents submitted to my office a petition for a referendum against only those portions of Resolution No. 2014-025 approving the Real Estate Purchase and Sale Agreement and authorize the execution, delivery, and performance of said Agreement, and no other portions, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE EXECUTION, DELIVERY AND PERFORMANCE OF REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF REDDING AND THE MCCONNELL FOUNDATION AND AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF REDDING TO EXECUTE SAME." That pursuant to Elections Code Section 9237, it has been determined that the Shasta County Registrar's last official report of registration to the Secretary of State for the City of Redding was 47,443 registered voters and that 10 percent of said registration would require 4,744 valid signatures to qualify the referendum petition. That in accordance with Elections Code Section 9239, it has been determined that said petition contained 7,707 signatures (prima facie count). Pursuant to Elections Code Section 9240, petition signatures were examined by the Shasta County Registrar per Elections Code Section 9114, and, on April 11,2014, that Office determined that 5,641 signatures are valid. Therefore, the referendum petition against Resolution No. 2014-025 submitted by the proponents is deemed to be sufficient. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Redding this 15th day of April 2014. VI Pamela Mize, City Cle a, CMC