Item 11.3 – CC/LRA 09/10/2024
Item 11.3 – CC/LRA 09/10/2024
initiative would amend the City’s General Plan by requiring a majority of City voters to approve any decision by the City Council that allows urban development on existing agricultural or open space lands located west of City limits. If the City Council makes any decision that authorizes or facilitates development of urban uses west of current City limits, the decision would not be valid until approved by a majority of voters at an election. As stated in the initiative, the voter approval requirement for development of lands located west of current City limits would not apply in four (4) specific circumstances:
1. The City Council finds, and the California Department of Housing and Community Development certifies in writing, that development of agricultural or open space lands west of City limits is necessary to meet the City’s fair-share housing requirement under state law.
2. City approval of ancillary uses on agricultural or open space lands west of City limits (for example, farm worker housing).
3. Where a development project has obtained a vested right to develop lands west of City limits.
4. City approvals that establish or expand wastewater treatment facilities on lands west of City limits.
As required by law, the City Attorney prepared the official ballot title and summary for the proposed initiative for use by the proponents when publishing and circulating the petition.
FILING OF THE INITIATIVE PETITION BY THE PROPONENT
On July 24, 2024, the proponent filed the signed petition sections with the City Clerk.
The Elections Code requires that the City Elections Official examine the petition to ascertain “whether or not the petition is signed by the requisite number of voters.” 1 Here, following an initial review by the City Clerk, the petition was delivered to the Stanislaus County Registrar of Voters ("Registrar Office") for signature verification.
On August 29, 2024, the Registrar Office returned the Certificate of Initiative Petition, included as Attachment 2. The City Council is charged with accepting the Registrar Office Certificate of Initiative Petition. The following summarizes the results of the signature verification:
1,305 signatures of registered voters in the City were required for a successful initiative petition.
1 Elec. Code, §§ 9211, 9114.
Item 11.3 – CC/LRA 09/10/2024
1,918 signatures were submitted on the petition sections filed with the City Clerk. 1,544 signatures were found sufficient, based on the signature verification from the Registrar Office.
Upon determining that the initiative petition is sufficient, the City Elections Official is required to certify the results of the signature examination to the City Council.2 Here, because the number of signatures was found to be sufficient for a successful initiative petition, the City Elections Official is certifying the results of the examination to the Council. The first resolution included with this item (Attachment 3) accepts the petition certification received from the Registrar Office and certifies the sufficiency of the petition.
CITY COUNCIL OPTIONS UPON SUCCESSFUL INITIATIVE PETITION Following the City Council’s acceptance of the petition certification, the City Council has the following options3:
1. Adopt an ordinance, without alteration, within ten (10) days after the petition acceptance.
2. Submit an ordinance, without alteration to the voters, at the City’s next regular election occurring not less than 88 days from the date of the order of election.
3. Submit an ordinance, without alteration to the voters, at a special election not less than 88 days, nor more than 103 days, of the date of the order of election.
4. Order a report by City staff pursuant to Elections Code section 9212.
The first three options would be implemented based on the Council’s direction and either require implementation of the initiative’s proposed ordinance or submission of the proposed ordinance to voters. If the City Council elects to pursue the fourth option, the Elections Code allows the City Council to direct City staff to prepare a report that addresses specific topics associated with the initiative, including its fiscal impact, land use impacts, infrastructure impacts, as well as the City’s ability to attract and retain businesses and employment.
The second resolution included with this item (Attachment 4), if adopted, would submit the initiative to the voters at the City’s next regular election occurring at least 88 days from the order of election.
2 Elec. Code, § 9114.
3 Elec. Code, §§ 9215, 1405.
Item 11.3 – CC/LRA 09/10/2024
ENVIRONMENTAL DETERMINATION
Not applicable.
FINANCIAL IMPACT
At this time, City staff has not yet requested an estimate for holding an election on the initiative measure. The election on the initiative measure would cause unbudgeted costs to the City, but the election would be consolidated with the City’s next regular election.
ATTACHMENTS:
1. Text of the Initiative
2. Certificate of Initiative Petition from the Stanislaus County Registrar of Voters
3. Resolution 2024-XXX, accepting the certificate of initiative petition from the Registrar Office and certifying the sufficiency of the initiative petition.
4. Resolution 2024-XXX, submitting the initiative to the voters at the City’s next regular election in accordance with Elections Code section 1405.
B. The following new policy is adopted and shall be inserted into the existing text ofthe General Plan.
Voter Approval Required
This voter-approval policy may not be amended or repealed without a vote ofthe people, other than as set forth in this policy.
This policy is intended to assurefullparticipation in land use decisions by the voters ofthe City, including but not limited to public debate and a vote ofthe people, and to assure that the principles setforth in the General Plan relating to agricultural preservation and conservation and the like are fully implemented. The City Council has the authority to enact an ordinance to establish processes and proceduresfor the voter approval requirement that are consistent with the purpose ofthe policy to assure fullparticipation by the people in land use decisions.
Agricultural land or open space is defined as parcels or areas in the unincorporated area of Stanislaus County with a General Plan Land Use Designation ofAgriculture (Ag) where the County retains land use authority.
Urban uses is defined as land use or zoning designations with an underlying City ofRiverbank General Plan designation of the following: Low, Medium and High Density Residential (LDR, MDR, HDR), Reserve/Clustered Rural Residential (RR), Civic, Community Commercial (CC), Industrial/Business Park (I/BP), and Mixed Use (MU).
A. The following new goal is adopted and shall be inserted into the existing text of the General Plan, Land Use Element.
The decision to authorize development on existing agricultural land and open space represents one ofthe most significant andfar-reaching decisions to be considered by the City. This goal is to provide direct long term impact upon land-use choices to City voters, so as to protect and reflect the intentions ofthe voters. (2) Any decision by the City to authorize or approve development on all or a portion of the parcels or areas subject to thispolicy shall require, and be contingent upon, approval by a majority vote ofthe City voters at a general or special local election. In the event the City approves development ofsuch land, such approval shall not take effect unless and until that decision is approved by an affirmative majority vote ofthe voters ofthe City.
Any decision to approve a comprehensive development plan, specific plan, or other plan or zoning designation that authorizes orfacilitates conversion ofagricultural land or open space to urban uses west ofthe city limits ofthe City ofRiverbank, as in effect and approved by Stanislaus LAFCO, as ofJanuary 1, 2024± shall not take effect unless that decision is approved by the voters ofthe City. This includes the area(s) north ofPatterson Road to the Stanislaus River.
Text ofthe Initiative
The people ofthe City ofRiverbank do ordain as follows this General Plan Amendment:
The City ofRiverbank General Plan (As in effect January 1, 2024, and as amended through the effective date ofthis initiative measure) is amended as follows.
(1) This policy shall apply to all areas west ofthe boundaries designated and described as the City Limits for the City ofRiverbank) including the area(s) north ofPatterson Road to the Stanislaus River\ as adopted by LAFCO and in effect July 27, 2016, and as shown on ExhibitA.
ATTACHMENT 1
(3) The requirementfor voter approval setforth in thispolicy shall not apply to any ofthe following regardless | ofits location:
(a) The City Councilfinds, based on substantial evidence in the record, and the California Department ofHousing and Community Development certifies in writing, that all ofthefollowing circumstances exist: (i) the approval is necessary and required to meet the City’s legal fair-share housing requirement; and (ii) there is no other land in the City available for development that can accommodate the City’s legal fair-share housing requirement. The intent of this exemption is to ensure that the City is able toprovide sufficient landfor housing to accommodate moderate, low and very low income housing, as may be necessary over time under state law. The amount of land approvedfor development under this paragraph shall be the minimum required to meet the City’s legalfair-share housing requirement.
(b) A use that is ancillary to a primary agricultural or open space use (e.g., farm worker housing), provided that this exemption shall be narrowly constructed to apply only to the ancillary use. (c) A development project that has obtained a vested right, provided that the extent of vesting shall be narrowly construed, and the policy shall continue to apply to any portion ofthe project that is not vested.
(d) Approvals related solely to establishing or expanding wastewater treatmentfacilities. ’/Ver
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Stani 1 . Number of unverified signatures filed by proponent: 1,918 B. Number of signatures found NOT SUFFICIENT: 374 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on August 29, 2024. 5 1-4001 -Jan- 19 Maus' Cou^ REGISTRAR OF VOTERS’ CERTIFICATE OF INITIATIVE PETITION That the affiant stated his or her own qualification, that he or she had solicited the signatures upon that section, that all of the signatures were made in his or her presence, and that to the best of his or her knowledge and belief each signature to that section was the genuine signature of the person whose name it purports to be; That each section contains signatures purporting to be signatures of qualified electors of the County;That attached to this petition at the time it was received was an affidavit purporting to be the affidavit of the person who solicited the signatures, and containing the dates between which the purported electors signed this petition; /, DONNA LINDER, COUNTY CLERK-RECORDER & REGISTRAR OF VOTERS of the County of Stanislaus, State of California, do hereby certify: rnty That the initiative petition referred to as the VOTER APPROVAL REQUIRED TO ALLOW DEVELOPMENT OF URBAN USES ON AGRICULTURAL OR OPEN SPACE LANDS LOCATED WEST OF RIVERBANK CITY LIMITS PETITION was delivered to this office on 7/24/24 and that said petition consists of 114 sections; That after the proponent filed this petition I verified the required number of signatures by examining the records of registration in this County, current and in effect at the respective purportive dates of such signing, to determine what number of qualified electors signed the petition, and from that examination I have determined the following facts regarding this petition: rl 1. Not sufficient due to duplicate signatures: 8 2. Number of signatures VERIFIED: 1,918 A. Number of signatures found SUFFICIENT: 1 ,544 BY: Donna Linder County Clerk-Recorder & Registrar of Voters ATTACHMENT 2
CC/LRA – 09/10/2024
CC Resolution 2024-
CITY OF RIVERBANK
RESOLUTION 2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA
ACCEPTING THE CERTIFICATE OF INITIATIVE PETITION FROM THE
STANISLAUS COUNTY REGISTRAR OF VOTERS FOR THE INITIATIVE PETITION ENTITLED “VOTER APPROVAL REQUIRED TO ALLOW DEVELOPMENT OF
URBAN USES ON AGRICULTURAL OR OPEN SPACE LANDS
LOCATED WEST OF RIVERBANK CITY LIMITS"
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, on June 3, 2024, the proponent of the initiative submitted a notice of intention and written text of the initiative to the City Clerk and requested the City Attorney prepare the title and summary of the initiative to circulate the petition; and WHEREAS, as required by law (Elections Code § 9203), the City Attorney prepared and provided an official ballot title and summary for the proposed initiative for use by the proponents for publication and circulation of the petition; and WHEREAS, the title of the initiative is “Voter Approval Required to Allow Development of Urban Uses on Agricultural or Open Space Lands Located West of Riverbank City Limits"; and
WHEREAS, the petition was filed with the City Clerk on July 24, 2024. Following initial review by the City Clerk, the petition was forwarded to the Stanislaus County Registrar of Voters (“Registrar Office”) for signature verification, in accordance with Elections Code sections 9210-9211; and
WHEREAS, on August 29, 2024, the Registrar Office delivered the Certificate of Initiative Petition to the City Clerk, attached hereto as Exhibit A; and WHEREAS, the number of signatures found to be sufficient (1,544) is greater than the number of signatures required for a successful initiative petition (1,305); and WHEREAS, the Elections Code requires that the petition be certified to the City Council at the next regular City Council meeting following receipt of a successful initiative petition (Elections Code §§ 9211, 9114); and
ATTACHMENT 3
CC/LRA – 09/10/2024
CC Resolution 2024-
WHEREAS, the City Council is charged with accepting the results of the petition certification presented by the City Elections Official.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Riverbank does hereby accept the Certificate of Initiative Petition received from the Registrar Office, and hereby certifies that the number of verified signatures are sufficient for a successful initiative petition.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 10th day of September, 2024; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ ____________________________ Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
EXHIBIT A: Certificate of Initiative Petition
CC/LRA – 09/10/2024
CC Resolution 2024-
CITY OF RIVERBANK
RESOLUTION 2024-___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERBANK, CALIFORNIA
SUBMITTING THE INITIATIVE PETITION ENTITLED
“VOTER APPROVAL REQUIRED TO ALLOW DEVELOPMENT OF URBAN USES ON AGRICULTURAL OR OPEN SPACE LANDS”
TO THE VOTERS AT THE CITY’S NEXT REGULAR ELECTION IN ACCORDANCE WITH ELECTIONS CODE SECTION 1405
THE CITY OF RIVERBANK CITY COUNCIL (HEREAFTER REFERRED TO AS THE “CITY COUNCIL”) DOES HEREBY RESOLVE THAT:
WHEREAS, on June 3, 2024, the proponent of the initiative submitted a notice of intention and written text of the initiative to the City Clerk and requested the City Attorney prepare the title and summary of the initiative to circulate the petition. The text of the proposed initiative is attached hereto as Exhibit A; and WHEREAS, as required by law (Elections Code § 9203), the City Attorney prepared and provided an official ballot title and summary for the proposed initiative for use by the proponents for publication and circulation of the petition; and WHEREAS, the title of the initiative is “Voter Approval Required to Allow Development of Urban Uses on Agricultural or Open Space Lands Located West of Riverbank City Limits"; and
WHEREAS, the petition was filed with the City Clerk on July 24, 2024. Following initial review by the City Clerk, the petition was forwarded to the Stanislaus County Registrar of Voters (“Registrar Office”) for signature verification, in accordance with Elections Code sections 9210-11; and
WHEREAS, on August 29, 2024, the Registrar Office delivered the “Certificate of Initiative Petition” to the City; and
WHEREAS, the Elections Code requires that the City Elections Official certify the results of the examination to the City Council at the next regular City Council meeting following receipt of a successful initiative petition (Elections Code §§ 9211, 9114); and WHEREAS, prior to adoption of this Resolution, the City Council accepted the petition certification received from the Registrar Office. The number of signatures found to be sufficient (1,544) is greater than the number of signatures required for a successful initiative petition (1,305) (Elections Code § 9215); and ATTACHMENT 4
CC/LRA – 09/10/2024
CC Resolution 2024-
WHEREAS, pursuant to Elections Code section 9215, upon receipt of a successful initiative petition, the City Council may adopt the initiative, submit the initiative to the voters pursuant to Elections Code section 1405, or order a report on the proposed initiative; and
WHEREAS, in accordance with Elections Code section 1405, the City Council desires to submit the initiative to the voters at the City of Riverbank’s next regular election occurring not less than eighty-eight (88) days from the date of the order of election; and WHEREAS, the City’s next regular election is scheduled for November 5, 2024, which is within eighty-eight (88) days of the date of this Resolution submitting the initiative to the voters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverbank as follows:
SECTION 1. Pursuant to Elections Code section 9215, the City Council hereby submits the initiative without alteration to the voters.
SECTION 2. Pursuant to Elections Code section 1405, the election for the initiative shall be held at the City of Riverbank’s next regular election occurring not less than eightyeight (88) days from the date of the order of election.
SECTION 3. The full text of the initiative submitted to the voters is attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Riverbank at a regular meeting held on the 10th day of September, 2024; motioned by Councilmember __________, seconded by Councilmember __________, and upon roll call was carried by the following City Council vote of ______:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
__________________________ ____________________________ Gabriela Hernandez, CMC Richard D. O’Brien
City Clerk Mayor
EXHIBIT A: Text of Initiative Measure