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HomeMy WebLinkAboutResolution 2005-030 N.C.S. 02/28/2005 Resolution No.2005-03ON,~,S, of the City of Petaluma, California RESOLUTION DETERMINING THAT NO AC'T'ION BY THE CITY COUNCIL IS REQUIREp ON A PETITION SUBIVTTITTED TO TIl[E CITY OF PETALUIVIA PROTESTING THE ADOPTION OF RESOLUTION 2005-012 N.C.S. AND SEEKING A REFERENDUM ON THAT RESOLUTION WHEREAS, on January 18, 2005, the Petaluma City Council adopted Resolution 2005- 012 N.C.S., selecting NorCal Waste Systems, Inc. as the preferred contractor and authorizing the City Manager to complete Franchise Agreement negotiations, and, WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Petaluma, California, signed by more than 10% of the number of registered voters of the City, protesting the adoption. by the Petaluma City Council of Resolution 2005-012 N.C.S., and requesting that said resolution either be entirely repealed by the City Council, or submitted to the voters of the City of Petaluma for.adoption or rejection as provided by law; and, WHEREAS, the City Clerk examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and does so certify; and, WHEREAS, the City Clerk presented the certified referendum petition to the City Council on February 28, 2005. Pursuant to Section 9241 of the California Elections Code, when presented with a qualified petition for a referendum on adopted legislation, the City Council must either repeal the challenged legislation or submit the legislation to the voters; and, WHEREAS, on January 24, 2005, a member of the City Council moved to reconsider the Council's approval of Resolution 2005-012 N.C.S., and on February 7, 2005, the City Council unanimously approved the motion; and, Resolution No. 2005-030 N.C.S. WHEREAS, on February 23, 2005, without making any determination regarding whether Resolution 2005-012 N.C.S. could lawfully be the subject of a referendum, the Petaluma City Council adopted Resolution 2005-026 N.C.S., which repeals in its entirety Resolution 2005- 012N.C.S.; and, WHEREAS, by adopting Resolution 2005-026 N.C.S., the City Council of the City of Petaluma has already indirectly fulfilled the requirements of Section 9241 of-the Elections Code, and the referendum petition protesting that legislation is moot, because Resolution 2005-012 N.C.S. is no longer in effect. NOW, TIIEREFORE, BE IT RESOLVED that the Petaluma City Council has determined that no further action on the referendum petition protesting Resolution 2005-012 N.C.S. is required. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the A roved as to Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting on the .........2811:........... day of ........F.ebzttary 20.05., by the following vote: ity Attorney AYES: Canevaro, Mayor Glass, Healy, Nau, O'Brien, Torliatt NOES: None ABSENT: Vice Mayor Harris ATTEST: City Clerk Mayor Council File Res. No. .._,..2005-03D........N.C.S.