LIVERMORE — The city has rejected a petition to block a proposed downtown Livermore affordable housing complex, a move that could lead to more legal wrangling and delays for the project, which already has been held up more than a year because of previous legal challenges.
In a letter last week, city clerk Marie Weber told the group pushing for the referendum that the council’s resolution to sell the land to Eden Housing was an “administrative” action and not a “legislative” one, and therefore cannot be challenged by a referendum. She said the city would not be taking any further action to process the petition or verify the signatures.
As an analogy, Alcala said the situation with the petition is akin to a wedding invite being sent out noting that guests are required to wear a tuxedo to attend.“The maitre’d is telling them, ‘That is not a tuxedo, that is a T-shirt with a tuxedo printed on it, you don’t get admission.’ ” “We demand that the City Clerk treat the referendum petition as filed and proceed to verify the validity of signatures, as the Elections Code demands,” Fadem said.“You can challenge legislation, but once that legislation is established, the implementation is administrative, not subject to either referendum or initiative,” Alcala said.
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