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BACKGROUND On November 6, 2007, the Council adopted Ordinance No. 1961, approving the application of James Tong, Charter Properties (Oak Grove Development) for a planned unit development (PUD) plan for a residential and open space project (PUD -33). This project would create 51 custom home sites and designate the remaining approximately 500 -acre area for permanent open space with a regional trail and staging area. The project would be located on a 562 -acre site located in the Southeast Hills, near the present terminus of Hearst Drive, south of Vintage Hills and Grey Eagle Estates, and east of Kottinger Ranch. On December 5, 2007, the proponents of the referendum submitted to the City Clerk a petition containing 5,225 signatures. The petition was then delivered to the Alameda County Registrar of Voters (ROV) for signature verification. On January 11, 2007, the City received from the ROV the attached Certificate of Petition.' As prescribed by law, if the petition is found sufficient, the elections official shall certify the results of the examination to the Council at its next regular meeting. Accordingly, the City Clerk, as the City's election official, was prepared to certify the results to the Council at its January 15, 2008 meeting. However, before certification could take place, the property owners commenced litigation and prevented the City Clerk from certifying the results to the Council. Following court hearings and appeals, on Dec. 15, 2009, the City received a court order allowing the City Clerk to certify the referendum petition, and directing the City either to repeal Ordinance No. 1961, or submit it to the voters, as required by the Elections Code. DISCUSSION The City Clerk, as the City's elections official, is presenting to the Council the Certification of Petition (attached) at this meeting, the Council's next regular meeting following receipt of the court order. As provided in Elections Code §9241, once the elections official certifies the sufficiency of the number of signatures for a referendum petition, the Council accepts that certification, and then the Council must either: (a) repeal the ordinance against which the referendum petition has been filed; or (b) submit the ordinance to the voters at the next regular municipal election occurring not less than 88 days after the order of the Council, or at a special election called for the purpose not less than 88 days after the order of the Council. The ordinance shall not be effective until a majority of the persons voting on the ordinance vote in favor of it. Based on the random sample examination allowed by Elections Code §9115, the ROV determined that the petition contained 408 valid signatures of qualified registered Pleasanton voters. Based on the random sampling formula allowed by the Secretary of State, 408 valid signatures represents 115% of the total number of signatures needed to qualify the referendum petition. Page 2 of 6