TITLE
Recommendation that the City Council receive and file the certification of the referendum petition regarding the Superstore Ordinance No. ORD-06-0040; and approve one of the following three alternative actions, as required by the California Elections Code and the Long Beach City Charter, to either:
[1] Request City Attorney to prepare an ordinance which repeals Ordinance No. ORD-06-0040; or
[2] Request City Attorney to prepare a resolution calling for a special election to consider the re-adoption of Ordinance No. ORD-06-0040; or
[3] Request City Attorney to prepare a resolution placing the question of the re-adoption of Ordinance No. ORD-06-0040 on the ballot for the regularly scheduled election on June 3, 2008." (Citywide)
DISCUSSION
Ordinance ORD-06-0040 pertaining to "superstores" was adopted by the City Council on October 3,2006. Pursuant to Election Code Section 9235, e1. Seq., municipal ordinances are subject to the process of referendum.
On November 2, 2006, Long Beach Consumers for Choice (LBCFC) filed with the City Clerk Department the abovementioned referendum. Upon a prima facie examination of the filing, staff determined that the petition contained 33,391 signatures. As this signature total exceeded the "prima facie" raw count required to proceed with signature verification, the LBCFC were advised (by letter) on November 6, 2006, that the referendum was accepted for filing.
On December 18, 2006, the City Clerk Department concluded the signature verification process. On the same date, the attorney representing LBCFC was notified that the petition was sufficient and that this certification would be presented to the City Council on January 2,2007.
A certificate declaring the results of the signature verification process is attached. Council is now being requested to approve that certification.
The Elections Code provides that "If the legislative body does not entirely repeal the ordinance against which the petition is filed, the legis...
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