CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF PETITION TO PROTEST PASSAGE OF COMMUNITY RECREATION AGREEMENT FOR LIFEGUARD AND BEACH CLEANING SERVICES BETWEEN COUNTY OF LOS ANGELES AND THE CITY

Attached is a Certificate of Sufficiency for a petition entitled "REFERENDUM AGAINST AGREEMENT PASSED BY THE CITY COUNCIL: 'COMMUNITY RECREATION AGREEMENT FOR LIFEGUARD AND BEACH CLEANING SERVICES BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH.'" The sufficiency represents at least 10 percent of the registered voters of the City, according to the October 7, 1996 report of registration by the County Clerk to the Secretary of State effective at the time the agreement was passed and the petition circulation began.

The subject agreement was approved by the Council at the Jan. 14 meeting, and the petition was filed with the City Clerk Feb. 12, within the 30-day time frame. After determining that the number of signatures, prima facie, equaled or exceeded the minimum required, the petition was accepted for filing Feb. 18. The petitions were delivered to the County Feb. 19 for signature verification, and the verification process has been completed well within the 30 working days allowed by law (April 1 deadline).

Elections Code Section 9237 states that if a petition protesting the adoption of an ordinance is submitted to the City Clerk within 30 days of the adoption of the ordinance, and is signed by not less than 10 percent of the voters of the City, the effective date of the ordinance shall be suspended. If the petition qualifies and is certified sufficient by the City Clerk, Elections Code Section 9241 states that, if the City Council does not entirely repeal the ordinance, the Council shall submit the ordinance to the voters at either the next regular municipal election (Nov. 4) or a special election, occurring not less than 88 days after the order of the Council, and the ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it.

ALTERNATIVES

As noted above, pursuant to the Elections Code, the Council would have two choices: to either repeal the contract approval or submit the contract for voter approval. However, based on the City Attorney's opinion that approval of the contract is not subject to referendum (see attached letter), the City Attorney offers the City Council the following four options:

1. Refuse to place the referendum on the ballet on the grounds explained by the City Attorney in his letter (attached);
2. Order the referendum placed on the ballot, but direct that the City Attorney file an action in Superior Court seeking a pre-election order that the measure is invalid;
3. Repeal the decision to approve the contract; or
4. Submit the contract for voter approval, giving direction to the City Clerk as to whether the matter should be placed on the ballot at the next regular municipal election (Nov. 4) or at a special election.

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STATE OF CALIFORNIACOUNTY OF LOS ANGELESCITY OF HERMOSA BEACH

CERTIFICATE OF SUFFICIENCY

Referendum Petition entitled "REFERENDUM AGAINST AGREEMENT PASSED BY THE CITY COUNCIL: 'COMMUNITY RECREATION AGREEMENT FOR LIFEGUARD AND BEACH CLEANING SERVICES BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF HERMOSA BEACH'" which was approved by the Hermosa Beach City Council on January 14, 1997.

I, ELAINE DOERFLING, CITY CLERK OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DO HEREBY CERTIFY THAT SAID PETITION IS SUFFICIENT, FOR THE FOLLOWING REASONS:

1. The number of registered voters at the time the agreement was approved and petition circulation began was, according to the October 7, 1996 Los Angeles County Clerk's report to the Secretary of State (effective for this petition): 15,026.
2. The number of signatures needed to qualify this proposed referendum for an election is at least 10% of the registered voters, or 1,503.
3. The results of the signature verification by the office of the LosAngeles County Registrar-Recorder/County Clerk are as follows:

Number of signatures filed -- 2,230

Number of signatures verified -- 2,199

• a. Number of signatures qualified -- 1,618

  
  

  · b. Number of signatures not qualified -- 591

THEREFORE, I HAVE HEREUNTO SET THE SEAL OF THE CITY OF HERMOSA BEACH, CALIFORNIA.