City of Hermosa Beach --- 10-12-99

CERTIFICATION OF RESULTS OF SIGNATURE VERIFICATION OF AN INITIATIVE PETITION PROPOSING TO ESTABLISH LIMITS ON THE NUMBER OF CONSECUTIVE TERMS WHICH MAY BE SERVED BY CITY COUNCIL MEMBERS

 

Attached is a Certificate of Sufficiency for the Initiative Ordinance submitted by petition entitled "An ordinance of the City of Hermosa Beach, California, adding Sections 2.08.040 and 2.08.050 to the City of Hermosa Beach Municipal Code." This sufficiency represents at least 10 percent of the registered voters of the City, according to the report of registration by the County Clerk to the Secretary of State effective at the time the notice of intention was published. With valid signatures from more than 10 percent but less than 15 percent of the registered voters, the petition does qualify to be placed on the ballot at the next regular municipal election (November 2001).

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 11, and the petition was then circulated. Multiple petitions were submitted September 7, the deadline for filing 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 selects Option (a) ¾ to introduce the ordinance without alteration at tonight’s meeting ¾ 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, October 21, 1999, in order to adopt the ordinance within the State-mandated time limit.

Option (b) – Direct that the Measure be Placed on the November 2001 Ballot

If the City Council selects option (b) ¾ to direct the City Clerk to bring back, at the appropriate time, the required documents to submit the ordinance without alteration to a vote of the people ¾ all appropriate resolutions would be prepared for Council adoption in June or July 2001, prior to the County deadline for placing items on that November ballot.

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

If the City Council selects Option (c) ¾ to order a report tonight ¾ 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 Tuesday, November 9).

Pursuant to Elections Code Section 9212, before taking action to either introduce the ordinance or schedule an 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 last regular Council meeting at which any report must be presented would be Tuesday, November 9. 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, at the appropriate time, to submit the proposed ordinance to the voters at the next regular municipal election in November 2001.

 

 

CERTIFICATE OF SUFFICIENCY

 

Initiative Petition entitled "AN ORDINANCE ADDING SECTIONS 2.08.040 AND 2.08.050 TO THE HERMOSA BEACH MUNICIPAL CODE," which proposes to establish limits on the number of consecutive terms which may be served by City Council members.

 

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 Notice of Intention was published, according to the County Clerk's report to the Secretary of State, was 13,428.

 

2. The number of signatures needed to qualify this proposed initiative for a regular election was at least 10% of the registered voters, or 1,343.

 

3. The number of signatures needed to qualify this proposed initiative for a special election was at least 15% of the registered voters, or 2,015.

 

4. 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                     1,964

  • Number of signatures verified                1,964

  • a. Number of signatures qualified            1,387

  • b. Number of signatures not qualified         577

  • c. Percentage qualified (of those filed)         71%

 

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

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