RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF COMMERCE TWO ORDINANCES; 1) ORDINANCE NO. ____ ENACTING A SPECIAL PARCEL TAX ON INDUSTRIAL PROPERTY TO PROTECT THE QUALITY OF LIFE OF OUR RESIDENTS BY MAINTAINING ESSENTIAL LAW ENFORCEMENT, FIRE, PARAMEDIC SERVICES, EMERGENCY SERVICE/ RESPONSE TIMES, ENVIRONMENTAL SERVICES AND IMPROVE COMMUNITY SAFETY; 2) ORDINANCE NO. ___ MODIFYING EXISTING CITY COUNCIL TERM LIMITS; SETTING DEADLINES FOR FILING WRITTEN ARGUMENTS FOR AND AGAINST THE REFERENDUM MEASURES, AND REBUTTALS THEREOF; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND RELATED MATTERS TO SAID SPECIAL MUNICIPAL ELECTION WHEREAS, the City Council of the City of Commerce introduced Ordinance No. ____ on July 26, 2022, enacting a Special Parcel Tax on Industrial property to maintain essential police, fire, paramedic services, emergency service/response times, and improve community safety, subject to voter approval and called for a Special Municipal Election; and WHEREAS, the City Council of the City of Commerce introduced Ordinance No. ___ on July 26, 2022, modifying existing City Council term limits; and WHEREAS, the submittal of Ordinance No. ____ and Ordinance No. ___ to a vote of the electorate is exempt from California Environmental Quality Act (CEQA) review (CEQA Guidelines Section 15378(b)(3)); and WHEREAS, pursuant to Section 2(B) of Article XIIIC of California’s Constitution, the City Council may submit a local tax measure to voters at a special municipal election called for that purpose; and WHEREAS, pursuant to Government Code Section 36502(b) the City Council may submit a local city council term limits measure to voters on any regularly scheduled election date.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That based upon staff presentations, reports, public testimony, and other matters presented to the City Council during its consideration of this matter, the foregoing recitals are true and correct and incorporated as substantive findings of this resolution, and further makes the additional findings set forth below in this resolution.
SECTION 2. That pursuant to Article XIIIC of California’s Constitution, the City Council finds and declares that it is necessary and appropriate to submit one (1) local tax measure regarding Ordinance No.____ to the voters at a Special Municipal Election that will occur before the next regularly scheduled election of the City of Commerce, on November 8, 2022; and SECTION 3. That pursuant to Government Code Section 36502(b) the City Council finds and declares that it is necessary and appropriate to submit one (1) local city council term limits measure regarding Ordinance No.____ to the voters at a Special Municipal Election that will occur before the next regularly scheduled election of the City of Commerce, on November 8, 2022; and SECTION 4. That in accordance with the requirements of the Commerce Municipal Code, the laws of the State of California, and the Election Code, a Special Municipal Election is hereby called and ordered to be held in the City of Commerce, California, on Tuesday, November 8, 2022.
SECTION 5. That at said election, there shall be submitted two (2) ballot measures to the qualified voters of the City of Commerce regarding 1) a special parcel tax on industrial property and 2) regarding modification of existing term limits on the office of city council members.
SECTION 6. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question requiring two-thirds (2/3) approval of the votes cast at the November 8, 2022 election:
Commerce Special Parcel Tax on Industrial Property
To protect the quality of life of our residents by maintaining essential public safety emergency services, including law enforcement, fire protection/paramedic/emergency services response times, environmental services and overall community safety shall the City of Commerce enact a parcel tax on industrial property at a maximum rate of $0.3357 per square foot providing approximately $9,055,000 annually until ended by voters; with committee oversight? All funds will remain in Commerce. .
YES
NO
SECTION 7. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special Municipal Election the following question requiring majority approval of the votes cast at the November 8, 2022 election:
Commerce City Council Term Limits. Shall the City of Commerce modify existing term limits on the office of City Councilperson so that term limits allow for the extension of Council terms due to the change of election dates mandated by state law? YES
NO
SECTION 8. That the proposed complete text of the Ordinance No. ___ and Ordinance No. ___ submitted to the voters are attached hereto as Attachment No. 1 and Attachment No. 2 and approved by the City Council.
SECTION 9. That the vote requirements for the parcel tax measure to pass is a two-thirds of the votes. That the vote requirements for the term limits measure is a majority of the votes.
SECTION 10. That the City Clerk shall request a letter designation for the above- referenced measures from the Register-Recorder / County Clerk of the County of Los Angeles.
SECTION 11. That the ballots to be used at the election shall be in form and content required by law. The City agrees that it will reimburse the County of Los Angeles for all related election costs incurred for this special election.
SECTION 12. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. The City Treasurer is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the Measures on the election ballot.
SECTION 13. That the polls for the election shall be open at seven (7)a.m. on the day of the election, and shall remain open continuously from that time until eight (8) o’clock p.m. on the same day when the polls shall be closed pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California.
SECTION 14. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
SECTION 15. That the City Clerk is authorized, instructed and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
SECTION 16. That in all particulars not recited in this resolution, the election hereby called shall be as provided by law for the holding of municipal elections in the City.
SECTION 17. That the City Council hereby authorizes written arguments for and against the measures, to be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Written arguments for and against the measures shall be filed with the City Clerk’s Office, by August 19, 2022, before 5:30 p.m. The City Council authorizes any city council person to submit an argument for either or both of the measures.
SECTION 18. That the City Council directs the City Clerk to transmit a copy of the ordinances/measures to the City Attorney and direct the City Attorney to prepare an impartial analysis of the proposed measures, consistent with the requirements of Elections Code Section 9289, including:
The City Attorney shall prepare an impartial analysis of the measures not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.
The analysis shall include a statement indicating whether the measures were placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city.
In the event the entire text of the measures are not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: “The above statement is an impartial analysis of Ordinance or Measure __. If you desire a copy of the ordinance or measure, please call the election official’s office at (323-722-4805) and a copy will be mailed at no cost to you.” The impartial analyses shall be filed by August 19, 2022, before 5:30 p.m. with the City Clerk.
SECTION 19. That the City Council hereby authorizes rebuttal arguments to be filed with the City Clerk. That pursuant to Section 9285 of the Elections Code, rebuttal arguments shall be submitted and processed as follows:
When the elections official has selected the arguments for and against the measures, the elections official shall send a copy of an argument in favor of the propositions to the authors of any argument against the measures and a copy of an argument against the measures to the authors of any argument in favor of the measures immediately upon receiving the arguments.
The author or a majority of the authors of an argument on the measures may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
The rebuttal arguments shall be filed with the City Clerk not later than August 29, 2022, before 5:30 p.m. Rebuttal arguments shall be signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument.
Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 20. The City Council hereby establishes August 20, 2022 through August 29, 2022, as the ten (10) calendar day examination period required by Elections Code Section 9295 for review of the ballot arguments for and against, and the impartial analysis, which voters may examine on the City’s website at www.ci.commerce.ca.us, and in the City Clerk’s office at 2535 Commerce Way, Commerce, CA 90040, between the hours of 8 a.m. to 6 p.m.
SECTION 21. The City Council hereby establishes August 30, 2022 through September 8, 2022, as the ten (10) calendar day examination period required by Elections Code Section 9295 for review of the rebuttal arguments for and against, which voters may examine on the City’s website at www.ci.commerce.ca.us, and in the City Clerk’s office at 2535 Commerce Way, Commerce, CA 90040, between the hours of 8 a.m. to 6 p.m.
SECTION 22. A statement shall be printed in the ballot pursuant to the Elections Code advising voters that they may obtain a full copy of the Ordinances, at no cost, upon request to the City Clerk.
SECTION 23. This Resolution shall take effect immediately upon adoption.
SECTION 24. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 26th day of July 2022.
CITY OF COMMERCE
Oralia Rebollo, Mayor
ATTEST:
Lena Shumway
City Clerk
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