CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO REPEAL CERTAIN MUNICIPAL CODE SECTIONS AND THEREBY ELIMINATE THE CITY'S UTILITY USERS TAX

Attached is a Certificate of Sufficiency for the Initiative Ordinance submitted by petition entitled "An ordinance repealing Sections 3.36.040, 3.36.050, 3.36.060, 3.36.070 and 3.36.080 of Chapter 3.36 of the Municipal Code of the City of Hermosa Beach." This sufficiency represents at least 5 percent of the Hermosa Beach votes cast for all candidates for governor at the November 3, 1998 gubernatorial election, as reported by the Registrar-Recorder/County Clerk. With the number of valid signatures exceeding the number required, the petition does qualify to be placed on the ballot for the November 2, 1999 General Municipal Election.

COUNCIL ALTERNATIVES:

Pursuant to Elections Code Section 9215, the Council has the following options:

(a) Introduce the ordinance without alteration at the regular meeting at which it is presented and adopt the ordinance within 10 days after it is presented; or

(b) Direct the City Clerk to prepare the documents required to submit the ordinance, without alteration, to the voters at the next regular municipal election occurring not less than 88 days after the date of the order; or

(c) Order a report pursuant to Section 9212 at the regular meeting at which the ordinance is presented. When the report is presented to the City Council, the Council shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b).

BACKGROUND:

A notice of intention to circulate this petition was filed with the City Clerk on February 22, 1999. As required, the documents were transmitted to the City Attorney for preparation of a ballot title and summary, which were provided to the proponent March 8. The notice was published in the Easy Reader March 18, and the petition was then circulated. Multiple petitions were submitted April 28, well within the 180-day time limit, and after the required Clerk's review, were forwarded to the office of the Registrar-Recorder/County Clerk for signature verification, which was completed within the time limit of 30 working days. As required, the matter is now being presented to Council.

REVIEW OF ALTERNATIVES:

Option (a) - Introduce the Ordinance

If the City Council opts for Option (a){Special Char 190 in Font "Symbol"}to introduce the ordinance without alteration at tonight's meeting{Special Char 190 in Font "Symbol"}there would be no election on the measure. Because State law requires the subsequent adoption of the ordinance to take place within 10 days, it would be necessary to adjourn tonight's meeting to a date no later than Thursday, July 1, 1999, in order to adopt the ordinance within the State-mandated time limit.

Option (b) - Direct the Measure be Placed on the November 2, 1999 Ballot

If the City Council opts for option (b){Special Char 190 in Font "Symbol"}to direct the City Clerk to prepare the required documents to submit the ordinance without alteration to a vote of the people{Special Char 190 in Font "Symbol"}all appropriate resolutions would be prepared for adoption by the Council at or before the July 27, 1999 Council meeting, which is the last regular City Council meeting before the County deadline for placing items on the November ballot.

Option (c) - Order a Report Pursuant to Election Code Section 9212

If the City Council opts for Option (c){Special Char 190 in Font "Symbol"}to order a report tonight{Special Char 190 in Font "Symbol"}action on the petition would be deferred until the report is presented, at a date certain as directed by the Council, which must be within the next 30 days (by Thursday, July 22).

Pursuant to Elections Code Section 9212, before taking action to either introduce the ordinance or schedule a special election, the Council may refer the proposed initiative measure to any City agency or agencies for a report on any or all of the following:

1. its fiscal impact;
2. its effect on the internal consistency of the City's general and specific plans including the housing element, the consistency between planning and zoning, the limitations on City actions under Government Code Section 65008 (Discriminations; prohibition), Chapters 4.2 (Housing Development Approvals) commencing with Section 65913, and Chapter 4.3 (Density Bonuses and Other Incentives) commencing with Section 65915 of Division 1 (Planning and Zoning) of Title 7 (Planning and Land Use); and/or
3. any other matters the Council requests to be in the report.

This report shall be presented to the Council within the time prescribed by the Council, but not later than 30 days after the Clerk certifies to Council the sufficiency of the petition.

In order to meet that 30-day deadline, unless a special meeting is scheduled, the only regular Council meeting at which any report must be presented would be July 13. Once the report is presented, the Council must then either introduce the ordinance (and adopt it within 10 days) or direct the preparation of documents to submit the proposed ordinance at the next regular municipal election of Tuesday, November 2, 1999.

Agendas / Minutes Menu | Back to Agenda | Top of Page

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CERTIFICATE OF SUFFICIENCY

Initiative Petition entitled "AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING SECTIONS 3.36.040, 3.36.050, 3.36.060, 3.36.070 AND 3.36.080 OF CHAPTER 3.36 OF THE MUNICIPAL CODE OF THE CITY OF HERMOSA BEACH."

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 total number of Hermosa Beach votes cast for all candidates for governor at the last gubernatorial election (11/3/98) preceding issuance of the title and summary, according to the Registrar/Recorder/County Clerk, was 5,564.

2. The number of signatures needed to qualify this proposed initiative for the next regular municipal election occurring not less than 88 days from the date of the order, pursuant to Proposition 218, is at least 5% of the above-noted gubernatorial votes, or 279.

3. The results of the signature verification by the office of the County of Los Angeles Registrar-Recorder/County Clerk are as follows:

Number of signatures filed 455

Number of signatures verified 455

a. Number of signatures qualified 343

b. Number of signatures not qualified 112

c. Percentage qualified (of those filed) 75%

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

Agendas / Minutes Menu | Back to Agenda | Top of Page

EXHIBIT A

AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REPEALING SECTIONS 3.36.040, 3.36.050, 3.36.060, 3.36.070 AND 3.36.080 OF CHAPTER 3.36 OF THE MUNICIPAL CODE OF THE CITY OF HERMOSA BEACH

THE CITY OF HERMOSA BEACH TAXPAYER CONSENT ACT

The people of the City of Hermosa Beach do ordain as follows:

SECTION 1. FINDINGS, DETERMINATIONS AND DECLARATIONS.

(a) Proposition 218, the "Right to Vote on Taxes Act," passed by the people of California in 1996 is intended to provide effective tax relief and to require voter approval of new, extended or increased taxes, assessment, fee and charge increases. However, local government has subjected taxpayers to excessive tax, assessment, fee and charge increases without their consent that frustrates the purposes of voter approval for new, extended or increased taxes.

(b) The 6 % Utility User Tax was imposed on the businesses and people of the City of Hermosa Beach without their consent.

(c) Hermosa Beach with its assessment districts and Utility User Tax has higher taxes than other cities. Everything we buy in Hermosa Beach costs more because of the 6% Utility User Tax. Local businesses suffer from the competition in other cities without excessive taxes.

(d) The Utility User Tax was promised to expire shortly after being imposed yet continues to this day, fourteen (14) years later. The citizens of Hermosa Beach wish to have their right to vote on this tax as demonstrated by their passage of Proposition 218, the "Right to Vote on Taxes Act" in 1996.

(e) This initiative protects taxpayers by allowing the people of Hermosa Beach an opportunity to repeal the Utility User Tax if they so wish, and require that any future attempt to levy, extend or increase such a tax be submitted to the voters of Hermosa Beach for their consent or rejection.

SECTION 2. PURPOSE AND INTENT. The purpose and intent of this act is to provide effective tax relief and to require voter approval of any new, extended or increased taxes.

The City of Hermosa Beach Municipal Code is subject to the following modifications:

Sections 3.36.040, 3.36.050, 3.36.060, 3.36.070 and 3.36.080 of Chapter 3.36 of the Hermosa Beach Municipal Code are hereby REPEALED in their entirety.

SECTION 3. ALTERATION. There shall be no modifications, amendments, or repeal of any provision of this ordinance without a majority vote of the people.

SECTION 4. SEVERABILITY. If any section, subsection, clause, word or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance and shall remain in full force and effect; it being expressly declared that this ordinance, and each section, subsection, sentence, clause, word and phrase hereof, would have been prepared, proposed, adopted and approved irrespective of the fact that any one or more sections, subsections, sentences, clauses, words or phrases be declared invalid or unconstitutional. The portions of this act shall supersede all inconsistent provisions of city law.

SECTION 5. Any ordinance which is adopted concurrently with this ordinance which receives less votes and is in conflict with any provisions herein shall be repealed in its entirety and be of no force and effect.

SECTION 6. This act shall take effect January 1, 2000.

SECTION 7. This initiative measure is to be adopted by the City Council of Hermosa Beach or be submitted to the voters at the next succeeding municipal election or at a special election as provided for by law.

SECTION 8. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be posted as required by law.

Agendas / Minutes Menu | Back to Agenda | Top of Page