Myers

The petitioner seeks a writ of mandate to compel the city clerk of the city of Berkeley to examine and certify as sufficient a petition prepared and presented under the initiative provisions of the city charter; also to compel the city council to adopt a proposed ordinance set forth in the petition or in the event the proposed ordinance be not adopted to submit the same to a vote of the electors of the city as provided by law. The proposed ordinance purports to amend Ordinance No. 666, N. S., which is the city’s general zoning ordinance, by adding a new subsection to section 3 to be known as subsection (a-59), and by re pealing subsection 30 of section 7 of said ordinance. The purpose of the amendment as shown by the petition herein is to reclassify certain property on Dwight Way near Grove Street. Section 1 of the proposed ordinance provides "That Ordinance No. 666, N. S., entitled: ‘An ordinance regulating and districting the location of residences, trades, industries, businesses and the several classes of public and semi-public buildings, and the location of buildings designed for specified uses, and establishing the boundaries of districts for the said purposes, and repealing…