OFFICE OF THE CITY CLERK JULY 24, 2017 CERTIFICATION OF SUFFICIENCY OF A REFERENDUM PETITION AGAINST ORDINANCE NO. 7302 ADOPTED BY THE PASADENA CITY.

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Presentation transcript:

OFFICE OF THE CITY CLERK JULY 24, 2017 CERTIFICATION OF SUFFICIENCY OF A REFERENDUM PETITION AGAINST ORDINANCE NO. 7302 ADOPTED BY THE PASADENA CITY COUNCIL ON MAY 22, 2017

BACKGROUND Ordinance attested by City Clerk on May, 23, 2017 On May 22, 2017, City Council adopted Ordinance No. 7302: Permitting Suspension of City Utility Services for Violation of Specified Sections of the Pasadena Municipal Code Ordinance attested by City Clerk on May, 23, 2017 Published on May 25, 2017 and was scheduled to take effect on June 24, 2017 California Elections Code Section 9237 states: “If a petition protesting the adoption of an ordinance… is submitted to the elections official of the legislative body of the city… within 30 days of the date the adopted ordinance is attested by the city clerk…., and is signed by not less than 10 percent of the voters of the city according to the county elections official’s last official report of registration to the Secretary of State…., the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance.”

BACKGROUND On June 21, 2017, the City Clerk’s Office received a referendum petition filed against Ordinance No. 7302 Proponents filed 13,198 signatures in support of referendum Based on LA County Registrar’s last official report to the Secretary of State, there are 84,948 registered voters in the City of Pasadena Therefore, 8,495 verified signatures needed to meet the 10% requirement City Clerk staff performed a prima facie review and forwarded the petition to the County Registrar of Voters for signature verification On July 18, 2017, LA County Registrar completed signature verification Reviewed 12,649 of the 13,198 signatures submitted to verify 8,750 sufficient signatures of City of Pasadena registered votes Meets the 10% requirement; Ordinance No. 7302 is now suspended pending City Council reconsideration of the ordinance

REPEAL OR SUBMIT TO VOTERS The City Council can either repeal the ordinance or submit the ordinance to the voters for approval Repeal the ordinance Direct the City Attorney to prepare an ordinance repealing Ordinance No. 7302 Conduct First and Second Reading Ordinance No. 7302 is repealed upon publication Submit Ordinance to Voters Consider the timing of election to submit the ordinance to voters At least 88 days prior to the election, adopt resolutions calling the election to submit the ordinance to the voters for approval

REPEAL OR SUBMIT TO VOTERS Elections Code Section 9241 states, “If the legislative body repeals the ordinance or submits the ordinance to the voters, and a majority of the voters voting on the ordinance do not vote in favor of it, the ordinance shall not again be enacted by the legislative body for a period of one year after the date of its repeal by the legislative body or disapproval by the voters.”

RECOMMENDATION Find that the proposed actions are exempt from review pursuant to the California Environmental Quality Act (“CEQA”) and in accordance with State CEQA Guidelines Section 15061(b)(3) (General Rule); Receive and accept the certification of the sufficiency of a referendum petition against Ordinance No. 7302 adopted on May 22, 2017 by the City Council based upon the examination and verification of signatures by the Los Angeles Registrar-Recorder/County Clerk’s Office; and Pursuant to California Elections Code Section 9241, the City Council shall do one of the following: (a) Direct the City Attorney to prepare an ordinance to repeal Ordinance No. 7302, in its entirety; or (b) Submit Ordinance No. 7302 to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body (March 2019), or at a special election called for the purpose, not less than 88 days after the order of the legislative body. The ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it.