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HomeMy WebLinkAbout8.1 Acceptance of Certification of Petition Referendum Against Ordinance No 11-21 and Repealing of Ordinance 11-21STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 8.1 DATE:March 1, 2022 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Acceptance of Certification of Petition: Referendum Against Ordinance No. 11-21 Regarding the East Ranch Project and Required Elections Code ActionsPreparedby:Marsha Moore,MMC,City Clerk and Jordyn Bishop,AssistantCityAttorney EXECUTIVE SUMMARY:The City Council will accept the City Clerk’s Certificate of Petition certifying the sufficiency of the referendum petition against Ordinance No. 11-21 regarding the East Ranch Project and will consider either repealing Ordinance No.11-21 or submitting Ordinance No. 11-21 to the qualifiedvotersof the City of Dublin. STAFF RECOMMENDATION:Accept the City Clerk’s Certificate of Petition (Attachment 1)certifying the sufficiency of the referendum petition against Ordinance No. 11-21, and take one of the following actions as required by the Elections Code: 1)INTRODUCE by title and waive the first reading of an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project (Attachment 2); or2)Pass a motion providing Staff direction to return with a resolution calling and giving notice of a special election [on a specific date] or as part of the November 8, 2022 regular election for the purpose of submitting Ordinance No. 11-21 to the qualified voters of the City. FINANCIAL IMPACT:The estimated cost range for an all vote-by-mail special election would be $309,501-$378,279 and the estimated cost range of a special election with voting locations would be $653,391-$722,169.If the City Council decides to call a special election in Fiscal Year 21-22, Staff will bring a budget change back with the resolution calling the election. If a special election is called in Fiscal Year 22- 468 Page 2 of 4 23, appropriate funds will be added to the budget being prepared for City Council approval in June 2022. The November 8, 2022 general municipal election will be consolidated with the Alameda County election, and Staff has already budgeted for that election. Placing the Ordinance on this ballot would incur additional costs related to printing, typesetting, and translating the measure. DESCRIPTION:On December 7, 2021, the City Council introduced Ordinance No. 11-21 titled, “Amending theZoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028.” Ordinance No. 11-21 was adopted by the City Council on December 21, 2021.On December 23, 2021, pursuant to Elections Code Section 9238, subd. (b)(2)(B), a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00)” (the “Referendum”) was sent to the City Clerk by the proponent. On December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the Referendum’s proponent for circulation.Pursuant to Elections Code Section 9238, subd. (b)(2)(B)(vi), the proponent had 30 days from receipt of the City Attorney’s approved summary to submit the petition. The Referendum petitionagainst Ordinance No. 11-21 was submitted to the City Clerk on January 27, 2022, within the 30-day period specified by the Elections Code. To qualify, a referendum petition must contain signatures of at least 10% of registered Dublin voters based on the last official Report of Registration to the Secretary of State. The Report of Registration at the time of filing the petition identified 34,389 registered voters, establishing the 10%threshold at 3,439.The Referendum petition was determined to be sufficient for filing, following the CityClerk’s prima facie review. The prima facie process reviews the format of all pages and sections of the petition for substantial compliance with Elections Code, and examines the information provided by all signers of the petition for completeness. The City Clerk’s technical review determined the Referendum petition appeared, on its face, to comply with all formal requirements. The City Clerk then completed a prima facie review of signatures and identified 5,202 unverified signatures, meeting the required number of signatures to qualify the petition for further examination. On January 27, 2022, the Referendum petition was delivered to the Alameda County Registrar of Voters for signature examination using the voter registration records to verify the number of valid signatures of Dublin voters. The signature examination was required to be certified by the Registrar within 30 working days from the date the petition was filed with the elections official or by March 11, 2022. 469 Page 3 of 4 The Registrar of Voters determines the number of unverified legible signatures (in contrast to the City Clerk’s prima facie review which includes both legible and illegible signatures). Performing a full check of signatures affixed to the petition as provided by Elections Code Section 9115, the Registrar of Voters determined that the petition contained the minimum number of valid signatures necessary to qualify the referendum for consideration by the City Council. On February 22, 2022, the Registrar submitted to the City Clerk a certificate of sufficiency of the petition datedFebruary 17, 2022 (Attachment 3).AnalysisFollowing certification of the Referendum petition, the Elections Code requires that the City Council either repeal Ordinance No. 11-21 in its entirety, or submit Ordinance No. 11-21 to the voters for approval.Option to Repeal Ordinance 11-21The first option is to repeal the entire ordinance against which the Referendum petition was filed. If the City Council decides to repeal Ordinance No. 11-21, Staff has prepared an ordinance repealing Ordinance No. 11-21 in its entirety (Attachment 2). If the City Council decides to pursue this option, they could take action at the March 1, 2022 meeting to introduce by title and waive the first reading of an ordinance repealing Ordinance No. 11-21. If the motion passes, Staff would return at the next regular City Council meeting on March 15, 2022 to recommend waiving the second reading and adopting an ordinance repealing Ordinance No. 11-21. If adopted, the ordinance would repeal Ordinance No. 11-21 30 days after adoption. Ordinance No. 11-21 would remain suspended until then. Should the City Council choose to proceed with repeal of Ordinance 11-21, it shall not be enacted again by the legislative body for a period of one year after the date of adoption of the ordinance repealing Ordinance No. 11-21. Option to Call an Election to Vote on Ordinance 11-21The other option is for the City Council to call an election for the purpose of submitting Ordinance No. 11-21 to voters of the City. The election must be held not less than 88 days from the date the election is called and can be no later than the next regular municipal election. If the City Council decides to pursue this option, the City Council should provide direction to Staff to return with a resolution calling and giving notice of a special election [on a specific date] or the November 8, 2022 regular election for the purpose of submitting Ordinance No. 11-21 to the qualified voters of the City. If the City Council directs Staff to return with a resolution for the purpose of calling an election at the next regular City Council meeting on March 15, 2022, this would require the election to be held between June 11, 2022 and November 8, 2022. The 88th day and last day to call a special election for consolidation with the June 7, 2022 primary election is March 11, 2022.While the City Council may call a special election date other than an established election date, Staff recommends utilizing an established date to ensure the greater likelihood of sharing elections costs with other jurisdictions. Below are the estimated costs for a Standalone Special Election. 470 Page 4 of 4 Type of Standalone Special Election Estimated cost (Based on 34,389 registered voters)Standalone Special Election $19-$21 per voter or $653,391-$722,169Standalone Vote by Mail Election $9-$11 per voter or $309,501-$378,279If an election is called, Ordinance No. 11-21 would remain suspended and would not become effective until a majority of the voters voting on the ordinance vote in favor of it. If a majority of the voters do not vote in favor of it, the ordinance shall not go into effect, and shall not be again enacted by the legislative body for a period of one year from the date of disapproval by the voters. This one-year period would begin upon certification of the results of the election, the canvass for which is required to be completed by the fourth Friday following the election date, and then results must be certified by the City Council. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted, and the referendum proponent was provided with a copy of this staff report. ATTACHMENTS:1) City Clerk Certificate of Sufficiency2) Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project 3) Alameda County Registrar of Voters Certificate to Petition 471 Attachment 1472 Attachment 2 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2 ORDINANCE NO. XX – 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN REPEALING ORDINANCE NO. 11 - 21 WHICH AMENDED THE ZONING MAP AND APPROVED A PLANNED DEVELOPMENT ZONING DISTRICT WITH RELATED STAGE 2 DEVELOPMENT PLAN AND CEQA FINDINGS FOR THE EAST RANCH PROJECT PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00) WHEREAS,on December 21, 2021, the City Council adopted Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00); and WHEREAS,on December 23, 2021, a referendum proponent filed a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001- 01 and 905-0002-002-00)” (“Referendum”), with the City Clerk pursuant to Elections Code section 9238(b)(2)(B); and WHEREAS,on December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the proponent for circulation; and WHEREAS,on January 27, 2022, the Referendum petition was accepted for filing following the City Clerk’s prima facie review and determination that the number of signatures on the Referendum petition exceeded 3,439, the minimum number of signatures required; and WHEREAS,on January 27, 2022, the City Clerk submitted the Referendum petition to the Alameda County Registrar of Voters for examination and a determination, from the records of registration, as to whether or not the Referendum petition was signed by the requisite number of voters; and WHEREAS,on February 22, 2022, the Alameda County Registrar of Voters submitted to the City Clerk a Certificate to Petition dated February 17, 2022 determining that the Referendum petition contains 4,635 valid signatures of qualified registered voters in the City of Dublin and that the Referendum petition is therefore sufficient; and WHEREAS,on March 1, 2022, the City Council accepted the City Clerk’s Certificate of Petition, certifying the results of the examination and sufficiency of the Referendum petition filed; and WHEREAS, pursuant to Elections Code section 9241, the City Council is required to submit an ordinance to the voters if it does not entirely repeal the ordinance against which a sufficient referendum petition is filed. 473 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1.Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference. Section 2.Repeal. Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002- 002-00) is hereby repealed in its entirety. Section 3.Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4.Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 5.Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this __th day of _______ 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 474 Attachment 3 475 March 1, 2022 SB 343 Senate Bill 343 mandates supplemental materials that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets have been distributed to the City Council be available to the public. The attached documents were received in the City Clerk’s office after distribution of the March 1, 2022, Regular City Council meeting agenda packet. Item 8.1 476 CITY MANAGER’S OFFICE MEMORANDUM DATE: February 28, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Item 8.1: Acceptance of Certification of Petition: Referendum Against Ordinance No. 11-21 Regarding the East Ranch Project and Required Elections Code Actions The March 1, 2022, City Council Meeting includes an item to accept certification of petition for the Referendum against Ordinance No. 11-21 regarding the East Ranch Project. After the posting of the agenda and staff report, correspondence was received from Trumark and Staff has revised their recommendation. Attached is an updated Staff Report with the following updated recommendation: Accept the City Clerk’s Certificate of Petition (Attachment 1) certifying the sufficiency of the referendum petition against Ordinance No. 11-21, and INTRODUCE by title and waive the first reading of an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project (Attachment 2). The correspondence received from Trumark has been attached to the staff report. 477 STAFF REPORT CITY COUNCIL Page 1 of 5 Agenda Item 8.1 DATE: March 1, 2022 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Acceptance of Certification of Petition: Referendum Against Ordinance No. 11-21 Regarding the East Ranch Project and Required Elections Code Actions Prepared by: Marsha Moore, MMC, City Clerk and Jordyn Bishop, Assistant City Attorney EXECUTIVE SUMMARY: The City Council will accept the City Clerk’s Certificate of Petition certifying the sufficiency of the referendum petition against Ordinance No. 11-21 regarding the East Ranch Project and will consider either repealing Ordinance No. 11-21 or submitting Ordinance No. 11-21 to the qualified voters of the City of Dublin. Staff is recommending that the ordinance be repealed at the written request of the project applicant, Trumark Homes. STAFF RECOMMENDATION: Accept the City Clerk’s Certificate of Petition (Attachment 1) certifying the sufficiency of the referendum petition against Ordinance No. 11-21, and take one of the following actions as required by the Elections Code: INTRODUCE by title and waive the first reading of an Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project (Attachment 2); or 2) Pass a motion providing Staff direction to return with a resolution calling and giving notice of a special election [on a specific date] or as part of the November 8, 2022 regular election for the purpose of submitting Ordinance No. 11-21 to the qualified voters of the City. 478 Page 2 of 5 FINANCIAL IMPACT: The estimated cost range for an all vote-by-mail special election would be $309,501-$378,279 and the estimated cost range of a special election with voting locations would be $653,391- $722,169. If the City Council decides to call a special election in Fiscal Year 21-22, Staff will bring a budget change back with the resolution calling the election. If a special election is called in Fiscal Year 22-23, appropriate funds will be added to the budget being prepared for City Council approval in June 2022. The November 8, 2022 general municipal election will be consolidated with the Alameda County election, and Staff has already budgeted for that election. Placing the Ordinance on this ballot would incur additional costs related to printing, typesetting, and translating the measure. DESCRIPTION: On December 7, 2021, the City Council introduced Ordinance No. 11-21 titled, “Amending the Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028.” Ordinance No. 11-21 was adopted by the City Council on December 21, 2021. On December 23, 2021, pursuant to Elections Code Section 9238, subd. (b)(2)(B), a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00)” (the “Referendum”) was sent to the City Clerk by the proponent. On December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the Referendum’s proponent for circulation. Pursuant to Elections Code Section 9238, subd. (b)(2)(B)(vi), the proponent had 30 days from receipt of the City Attorney’s approved summary to submit the petition. The Referendum petition against Ordinance No. 11-21 was submitted to the City Clerk on January 27, 2022, within the 30-day period specified by the Elections Code. To qualify, a referendum petition must contain signatures of at least 10% of registered Dublin voters based on the last official Report of Registration to the Secretary of State. The Report of Registration at the time of filing the petition identified 34,389 registered voters, establishing the 10% threshold at 3,439. The Referendum petition was determined to be sufficient for filing, following the City Clerk’s prima facie review. The prima facie process reviews the format of all pages and 479 Page 3 of 5 sections of the petition for substantial compliance with Elections Code, and examines the information provided by all signers of the petition for completeness. The City Clerk’s technical review determined the Referendum petition appeared, on its face, to comply with all formal requirements. The City Clerk then completed a prima facie review of signatures and identified 5,202 unverified signatures, meeting the required number of signatures to qualify the petition for further examination. On January 27, 2022, the Referendum petition was delivered to the Alameda County Registrar of Voters for signature examination using the voter registration records to verify the number of valid signatures of Dublin voters. The signature examination was required to be certified by the Registrar within 30 working days from the date the petition was filed with the elections official or by March 11, 2022. The Registrar of Voters determines the number of unverified legible signatures (in contrast to the City Clerk’s prima facie review which includes both legible and illegible signatures). Performing a full check of signatures affixed to the petition as provided by Elections Code Section 9115, the Registrar of Voters determined that the petition contained the minimum number of valid signatures necessary to qualify the referendum for consideration by the City Council. On February 22, 2022, the Registrar submitted to the City Clerk a certificate of sufficiency of the petition dated February 17, 2022 (Attachment 3). On Monday, February 28, the applicant for the East Ranch Project, Trumark Homes, submitted a letter to the City Council (Attachment 4) in which it requested that the City Council repeal Ordinance No. 11-21. Analysis Following certification of the Referendum petition, the Elections Code requires that the City Council either repeal Ordinance No. 11-21 in its entirety, or submit Ordinance No. 11-21 to the voters for approval. Option to Repeal Ordinance 11-21 The first option is to repeal the entire ordinance against which the Referendum petition was filed. If the City Council decides to repeal Ordinance No. 11-21, Staff has prepared an ordinance repealing Ordinance No. 11-21 in its entirety (Attachment 2). If the City Council decides to pursue this option, they could take action at the March 1, 2022 meeting to introduce by title and waive the first reading of an ordinance repealing Ordinance No. 11-21. If the motion passes, Staff would return at the next regular City Council meeting on March 15, 2022 to 480 Page 4 of 5 recommend waiving the second reading and adopting an ordinance repealing Ordinance No. 11-21. If adopted, the ordinance would repeal Ordinance No. 11-21 30 days after adoption. Ordinance No. 11-21 would remain suspended until then. Should the City Council choose to proceed with repeal of Ordinance 11-21, it shall not be enacted again by the legislative body for a period of one year after the date of adoption of the ordinance repealing Ordinance No. 11-21. Option to Call an Election to Vote on Ordinance 11-21 The other option is for the City Council to call an election for the purpose of submitting Ordinance No. 11-21 to voters of the City. The election must be held not less than 88 days from the date the election is called and can be no later than the next regular municipal election. If the City Council decides to pursue this option, the City Council should provide direction to Staff to return with a resolution calling and giving notice of a special election [on a specific date] or the November 8, 2022 regular election for the purpose of submitting Ordinance No. 11-21 to the qualified voters of the City. If the City Council directs Staff to return with a resolution for the purpose of calling an election at the next regular City Council meeting on March 15, 2022, this would require the election to be held between June 11, 2022 and November 8, 2022. The 88th day and last day to call a special election for consolidation with the June 7, 2022 primary election is March 11, 2022. While the City Council may call a special election date other than an established election date, Staff recommends utilizing an established date to ensure the greater likelihood of sharing elections costs with other jurisdictions. Below are the estimated costs for a Standalone Special Election. Type of Standalone Special Election Estimated cost (Based on 34,389 registered voters) Standalone Special Election $19-$21 per voter or $653,391-$722,169 Standalone Vote by Mail Election $9-$11 per voter or $309,501-$378,279 If an election is called, Ordinance No. 11-21 would remain suspended and would not become effective until a majority of the voters voting on the ordinance vote in favor of it. If a majority of the voters do not vote in favor of it, the ordinance shall not go into effect, and shall not be again enacted by the legislative body for a period of one year from the date of disapproval by the voters. This one-year period would begin upon certification of the results of the election, the canvass for which is required to be completed by the fourth Friday following the election date, and 481 Page 5 of 5 then results must be certified by the City Council. Since the applicant has requested that Ordinance No. 11-21 be repealed, Staff is recommending that the City Council take such action. As was noted above, repealing Ordinance No. 11-21 will have the same result as if the City Council placed Ordinance No. 11- 21 on the ballot and the voters did not approve it. Repeal will avoid the cost and effort required to hold the election on the referendum. It should be noted, however, that the applicant’s letter indicates that it will be pursuing an alternative path for obtaining approval of its housing project on the site. The December 7, 2021 staff report on the project described the limits state law imposes on the City’s ability to disapprove housing projects that are consistent with applicable, objective standards. Staff believes that the applicant’s statement may be a reference to those provisions of state law. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted, and the referendum proponent was provided with a copy of this staff report. ATTACHMENTS: 1) City Clerk Certificate of Sufficiency 2) Ordinance Repealing Ordinance No. 11-21 Which Amended the Zoning Map and Approved a Planned Development Zoning District Related State 2 Development Plan and CEQA Findings for the East Ranch Project 3) Alameda County Registrar of Voters Certificate to Petition 4) February 28, 2022 letter from Trumark Homes 482 Attachment 1461483 Attachment 2 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2 ORDINANCE NO. XX – 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN REPEALING ORDINANCE NO. 11 - 21 WHICH AMENDED THE ZONING MAP AND APPROVED A PLANNED DEVELOPMENT ZONING DISTRICT WITH RELATED STAGE 2 DEVELOPMENT PLAN AND CEQA FINDINGS FOR THE EAST RANCH PROJECT PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00) WHEREAS,on December 21, 2021, the City Council adopted Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002-002-00); and WHEREAS,on December 23, 2021, a referendum proponent filed a proposed summary of a referendum titled, “Referendum Against an Ordinance Passed by the City Council Ordinance No. 11-21 An Ordinance of the City Council of the City of Dublin, Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001- 01 and 905-0002-002-00)” (“Referendum”), with the City Clerk pursuant to Elections Code section 9238(b)(2)(B); and WHEREAS,on December 28, 2021, the City Attorney issued an approved summary to the City Clerk and the proponent for circulation; and WHEREAS,on January 27, 2022, the Referendum petition was accepted for filing following the City Clerk’s prima facie review and determination that the number of signatures on the Referendum petition exceeded 3,439, the minimum number of signatures required; and WHEREAS,on January 27, 2022, the City Clerk submitted the Referendum petition to the Alameda County Registrar of Voters for examination and a determination, from the records of registration, as to whether or not the Referendum petition was signed by the requisite number of voters; and WHEREAS,on February 22, 2022, the Alameda County Registrar of Voters submitted to the City Clerk a Certificate to Petition dated February 17, 2022 determining that the Referendum petition contains 4,635 valid signatures of qualified registered voters in the City of Dublin and that the Referendum petition is therefore sufficient; and WHEREAS,on March 1, 2022, the City Council accepted the City Clerk’s Certificate of Petition, certifying the results of the examination and sufficiency of the Referendum petition filed; and WHEREAS, pursuant to Elections Code section 9241, the City Council is required to submit an ordinance to the voters if it does not entirely repeal the ordinance against which a sufficient referendum petition is filed. 462484 Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1.Recitals. The City Council finds that the above Recitals are true and correct and are incorporated herein by reference. Section 2.Repeal. Ordinance No. 11 - 21 Amending Zoning Map and Approving a Planned Development Zoning District with Related State 2 Development Plan and CEQA Findings for the East Ranch Project, PLPA 2020-00028 (APNs 905-0002-001-01 and 905-0002- 002-00) is hereby repealed in its entirety. Section 3.Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 4.Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 5.Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this __th day of _______ 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 463485 Attachment 3 464486 155954618.4 Tony Bosowski Division President Direct Dial: (925) 999-3966 Email: tbosowski@trumarkco.com February 25, 2022 Via email council@dublin.ca.gov Dublin City Council Dublin City Hall 100 Civic Plaza Dublin, CA 94568 Re: Referendum of Ordinance 11-21 regarding East Ranch Project Request for Repeal of Ordinance March 1, 2022 Council Hearing Honorable Councilmembers: I am writing on behalf of Trumark Homes, the applicant for the East Ranch project referenced in Ordinance 11-21. We have reviewed the recently published staff report and understand sufficient signatures have been validated on the referendum petition challenging that ordinance and that the matter will be considered by the Council at its March 1st hearing. As the staff report explains in detail, Elections Code section 9241 gives the Council the choice either to “entirely repeal the ordinance against which the petition is filed” or place the matter on the ballot. We respectfully request that the Council repeal Ordinance 11-21. We are of course extremely disappointed at the actions of project opponents who apparently want to see our property left undeveloped, notwithstanding its designation for housing in the General Plan and the Eastern Dublin Specific Plan for decades. This is particularly troublesome given the significant resources Trumark Homes invested in seeking approval of a housing project that provides the mid-point, rather than the maximum, of previously approved density ranges. We appreciate the enormous efforts you and your staff have devoted to ensuring the East Ranch project would implement existing laws and policies in a way that best promotes the City’s interests. However, we do not wish to allow project opponents to burden the City, its residents or Trumark Homes with the substantial costs and distractions of an election. Instead, we will be pursuing an alternative path for obtaining approval of our much needed housing project at this site. We accordingly request that the Council repeal Ordinance 11-21. Thank you for your consideration of this matter. Tony Bosowski Division President DocuSign Envelope ID: 017B3D8A-484D-4F4C-AF0C-633432E42076 487