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THE CITY OF 17 CITY COUNCIL AGENDA REPORT pL£ASANTONo January 19, 2010 Administrative Services /City Attorney TITLE: ACCEPT THE CITY CLERK'S CERTIFICATION OF THE REFERENDUM PETITION FOR ORDINANCE NO. 1961 REGARDING THE OAK GROVE DEVELOPMENT, CONSIDER OPTIONS FOR THE PETITION AND RELATED ELECTION PROCEDURES SUMMARY On November 6, 2007, the Council adopted Ordinance No. 1961 approving the Oak Grove development for a residential and open space project. A referendum petition was then circulated and petitioners gathered the required number of signatures for validation. Following litigation, the final court decision was entered permitting the City Clerk to certify the results of the referendum petition. The Council now must accept the City Clerk's certification of the referendum petition. Subsequently, the Council decides whether to repeal Ordinance No. 1961, or submit the ordinance to a vote. If the ordinance is submitted to the voters, the Council must eventually approve related election procedures. RECOMMENDATION Receive and accept the City Clerk's certification of the referendum petition. Hear a presentation regarding Elections Code requirements. Continue until February 2, 2010, Council discussion and decision whether to submit the ordinance to the voters; select an election date; and approve ballot language and related election procedures. FINANCIAL STATEMENT The fiscal impact associated with calling an election in June 2010 is estimated as $97,500, and in November 2010 is estimated as $79,000.