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 on 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." 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 6, 2001 General Municipal Election.

 

COUNCIL ALTERNATIVES :

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

1. 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
2. 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
3. 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 March 19, 2001. As required, the documents were transmitted to the City Attorney for preparation of a ballot title and summary, which were provided to the proponent April 3. The notice was published in the Easy Reader April 5, and the petition was then circulated. Multiple petitions were submitted May 2, well within the 180-day time limit, and after the required City Clerk’s review, were forwarded to the office of the Registrar-Recorder/County Clerk for signature verification, which was completed well 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) 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, June 21, 2001, in order to adopt the ordinance within the State-mandated time limit.

Option (b) – Direct the Measure be Placed on the November 6, 2001 Ballot

If the City Council opts for option (b) ¾ to direct the City Clerk to prepare the required documents to submit the ordinance without alteration to a vote of the people ¾ all appropriate resolutions would be prepared for adoption by the Council at or before the July 24, 2001 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) 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 Thursday, July 12).

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 10. 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 6, 2001.

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