Agenda packet, special meeting — Glendora City Council, December 10, 2024

CITY OF GLENDORA

CITY COUNCIL SPECIAL MEETING
AGENDA
TUESDAY, DECEMBER 10, 2024
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
As a courtesy to others attending this meeting, please turn off or place in silent mode all cell phones and other communication devices while in the Council Chamber. Thank you.

MAYOR/CHAIR
Mendell Thompson, District 5

MAYOR PRO TEM/VICE-CHAIR
David Fredendall, District 2

COUNCIL/COMMISSIONERS
Michael Allawos, District 1
Gary Boyer, District 3
Karen Davis, District 4

MEETING SCHEDULE
The regular meetings of the City Council shall be held on the second and fourth Tuesday of each month, closed session business will commence as early as 5:00 p.m., when scheduled, and general business session will commence at 7:00 p.m.

BROWN ACT
Agendas are drafted to accurately state what the legislative body is being asked to consider. The legislative body can take action on “all items” listed on the agenda and be in compliance with the open meeting laws.

Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The governing body may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.

COMMUNICATION AND ELECTRONIC DEVICES
To minimize distractions, please be sure all personal communication and electronic devices are turned off or on silent mode.

LIVE BROADCASTING AND REBROADCASTING
Regular meetings are broadcast LIVE on the City Website at www.cityofglendora.gov, Meetings also broadcast on Channel 3 (Spectrum) & Channel 32 (Frontier) and are replayed Wednesday - Sunday the week following the meeting. Meetings are also available any time for replay through the City's webpage at cityofglendora.gov/citymeetings.

Meetings can also be viewed via the City YouTube channel at YouTube.com/cityofglendoraca.

Meeting Date: 12/10/2024 / Packet Page #: 1

CITY OF GLENDORA

CITY COUNCIL SPECIAL MEETING
AGENDA
TUESDAY, DECEMBER 10, 2024
CITY HALL COUNCIL CHAMBER, 116 E. FOOTHILL BOULEVARD
5:00 PM CLOSED SESSION
6:00 PM GENERAL BUSINESS SESSION
NOTICE IS HEREBY GIVEN that Closed Session business will commence at 5:00 PM, when scheduled, and General Business Session will commence at 6:00 PM.

CLOSED SESSION
The regular meetings of the city council shall be held on the second and fourth Tuesday of each month, closed session business will commence at 6:00 p.m., when scheduled, and general business session will commence at 7:00 p.m. Closed Session discussions authorized by state law and allow the legislative body to consider/hear any matter which it is authorized by state law to hear or consider in closed session.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code 54956.8, enable the City Council and Housing Authority to give direction to its negotiator(s) Adam Raymond, Danny Aleshire, Moises Lopez, and Jeff Kugel regarding that certain real property 1762 Dale Road, APN 8631-013-023. The City's real property negotiator will seek direction from the City Council regarding the terms

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS A closed session will be held, pursuant to Government Code § 54956.8, to enable the City Council to consider negotiations with Glendora Unified School District, with whom City is negotiating and to give direction to its negotiator(s) Adam Raymond, Danny Aleshire, Jeff Kugel, and Moises Lopez regarding certain real properties in Glendora Unified School District “Whitcomb Continuation High School (Approx. 9.48 acres), 350 W. Mauna Loa Avenue, APN 8640-006-901; Williams Education Center (Approx. 9.31 acres), 301 S.

Loraine Avenue, APN 8649-020-901; Azusa Adult Education Center (Approx. 9.07 acres), 1134 S.

Barranca Avenue, APN 8632-001-900. The City’s real property negotiators will seek direction from the City Council regarding these properties”

NEW BUSINESS

3. Certification of the Official Election Results of the City of Glendora November 5, 2024, Consolidated General Municipal Election
CITY RECOMMENDATION: 1. Adopt a City Council Resolution entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF GLENDORA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE

RESULTS THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW AND

DECLARING SHAUNNA ELIAS AS ELECTED MEMBER OF THE CITY COUNCIL, REPRESENTING DISTRICT 3, FOR A TERM OF FOUR YEARS AND MEASURE “Z” ADOPTED BY THE VOTERS”; and, 2. Adopt on second reading an Ordinance entitled, “AN

ORDINANCE OF THE PEOPLE OF THE CITY OF GLENDORA, ADDING A NEW CHAPTER

3.53 TO THE GLENDORA MUNICIPAL CODE TO ENACT A ONE-QUARTER PERCENT (0.25%) SUPPLEMENTAL GENERAL TRANSACTIONS AND USE TAX, TO BE EFFECTIVE

IN THE EVENT LOS ANGELES COUNTY MEASURE H IS REPEALED OR EXPIRES, WHICH

SHALL BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION.”
Meeting Date: 12/10/2024 / Packet Page #: 2

4. Recognition of Outgoing Council Member Gary Boyer
CITY RECOMMENDATION: 1. Conduct recognition.

5. Oath of Office of 2024 City of Glendora Members of the City Council representing Districts 2, 3 and 5 CITY RECOMMENDATION: 1. City Clerk to conduct Oath of Office for City of Glendora Members of the City Council – David Fredendall, District 2; Shaunna Elias, District 3; and Mendell L. Thompson, District 5.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Glendora City Hall bulletin board at 116 E. Foothill Boulevard and on the City of Glendora website at www.cityofglendora.gov not less than 72 hours prior to the meeting in accordance with Government Code Section 54954.2.

Dated: December 5, 2024
Kathleen R. Sessman, MMC
City Clerk/Communications Director
Meeting Date: 12/10/2024 / Packet Page #: 3

STAFF REPORT
TO: Mayor and Council Members DATE: December 10, 2024
FROM: City Clerk DISTRICT(S): City-Wide
SUBJECT: Certification of the Official Election Results of the City of Glendora November 5, 2024, Consolidated General Municipal Election

RECOMMENDATION
That the City Council:

1. Adopt a City Council Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF GLENDORA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS THEREOF AND SUCH OTHER MATTERS

AS PROVIDED BY LAW AND DECLARING SHAUNNA ELIAS AS ELECTED MEMBER OF THE CITY COUNCIL, REPRESENTING DISTRICT 3, FOR A TERM OF FOUR YEARS AND MEASURE “Z” ADOPTED BY THE VOTERS”; and,

2. Adopt on second reading an Ordinance entitled, “AN ORDINANCE OF THE PEOPLE OF THE CITY OF GLENDORA, ADDING A NEW CHAPTER 3.53 TO THE GLENDORA MUNICIPAL CODE TO ENACT A ONE-QUARTER PERCENT (0.25%) SUPPLEMENTAL GENERAL

TRANSACTIONS AND USE TAX, TO BE EFFECTIVE IN THE EVENT LOS ANGELES COUNTY

MEASURE H IS REPEALED OR EXPIRES, WHICH SHALL BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION.”

STRATEGIC FOCUS AREAS
 Goal 2: Maintain Financial Stability and Sustainability (MFSS)

EXECUTIVE SUMMARY
On November 5, 2024, the City of Glendora conducted its General Municipal Election, which coincided with the Statewide Election and was held in consolidation with Los Angeles County. The Los Angeles County election department conducts a canvass of all election returns and has verified that all ballots have been counted and accounted for. On December 4, 2024, the Registrar-Recorder/County Clerk certified the results and submitted the Certificate of Canvass and Final Official Statement of Votes Cast to cities which are required to declare results no later than December 10, 2024.

The canvass of the election certified the results for the City of Glendora as follows (listed in the order that appeared on the ballot) (Attachment B):

Votes Percentage General Municipal Election Votes Percentage District 3 Registration 6,718 Citywide Registration 35,463 Member of the City Council, District 3 Measure Z
Erica Landmann 937 21.19% Yes 14,296 57.66%
Shaunna Elias 1,641 37.12% No 10,496 42.43%
Jenny Chan 1,273 28.79%
Dustin Snyder 570 12.82%
District 3 Citywide
Vote-by-Mail Turnout 3,365 50.09% Vote-by-Mail Turnout 18,365 51.79% Precinct Turnout 1,688 25.13% Precinct Turnout 8,657 24.41% Voter Turnout 5,053 75.22% Voter Turnout 27,022 76.20%
*Results: https://results.lavote.gov/text-results/4324#contest-39 Item #3. Page 1
Meeting Date: 12/10/2024 / Packet Page #: 4
Staff Report Page 2 of 4
** Total voter turnout by district and/or citywide will not match the total votes for a council seat or measure, as some voters may only vote for certain races and measures in lieu of all items they are eligible to vote on (e.g. President).

LEGISLATIVE HISTORY / PREVIOUS ACTIONS
Pursuant to Glendora Municipal Code §2.54.010, the City conducts its General Municipal Election on the same day as, and consolidated with the Statewide General Election, which was conducted on November 5, 2024.

The City Council adopted Resolution CC 2024-22 on May 28, 2024, Calling and Giving Notice of Holding a General Municipal Election on Tuesday, November 5, 2024 for the following offices: three (3) Members of the City Council representing Districts 2, 3 and 5 for the full term of four years. Then, on August 5, 2024, the City Council conducted a special meeting to adopt Resolutions CC 2024-37 and 2024-38 and introduce Ordinance 2089 to submit to the voters a question on whether to adopt a 0.25% Transactions and Use Tax. In accordance with said Resolutions, notices of the Election were given as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities, and due to state regulations requiring city election consolidations, the election would be administered by Los Angeles County.

The nomination period for the November 5, 2024 General Municipal Election was from Monday, July 15, 2024 through Friday, August 9, 2024, with an extended filing period to August 14 for candidates representing District 3 since the incumbent, Council Member Gary Boyer did not file. At the close of the nomination periods the following persons qualified:

District 2
David Fredendall Member of City Council 4-Years
District 3
Erica Landmann Member of City Council 4-Years
Shaunna Elias Member of City Council 4-Years
Jenny Chan Member of City Council 4-Years
Dustin Snyder Member of City Council 4-Years
District 5
Mendell Thompson Member of City Council 4-Years
On August 21, 2024, staff presented the City Council with a report pursuant to Elections Code §10229, which provided for the appointment of qualified candidates for District 2 and 5 since they were unopposed and appointing candidates David Fredendall as representative for District 2 and Mendell Thompson as representative for District 5. Resolution CC 2024-39 was adopted by a vote of 5 - 0. Since there were four qualified candidates for District 3, the election for District 3 would be held as planned.

DISCUSSION
On November 5, 2024, the City of Glendora conducted its General Municipal Election, which coincided with the Presidential Election and was held in consolidation with the Los Angeles County to elect one Member of the City Council to represent District No. 3 for the full term of four years and consideration of the following question, which was designated as Measure Z:

YES
To maintain and enhance existing City services including public safety, homelessness, roads/streets, and quality of life issues, shall the City’s Measure be adopted approving an ordinance that replaces Los Angeles County’s Measure H upon its sunset or repeal, by enacting a one-quarter percent (0.25%) transactions and use tax providing approximately $3,000,000 annually in general revenue for Glendora, to be levied until ended by the voters, to ensure that all funds stay local?
NO
Item #3. Page 2
Meeting Date: 12/10/2024 / Packet Page #: 5
Staff Report Page 3 of 4
The Los Angeles County election department conducts a canvass of all election returns and has verified that all ballots have been counted and accounted for. The Registrar-Recorder/County Clerk has certified the results and submitted the Certificate of Canvass and Final Official Statement of Votes Cast on December 4, 2024. The results have been tentatively scheduled to go before the Los Angeles County Board of Supervisors in December 2024. The official Certificate of Canvass and Final Official Statement of Votes Cast is "Exhibit A" of the proposed resolution (Attachment B).

The canvass of Election Returns for the City of Glendora General Municipal Election held on November 5, 2024 is as follows (listed in the order that appeared on the ballot):

Votes Percentage General Municipal Election Votes Percentage District 3 Registration 6,718 Citywide Registration 35,463 Member of the City Council, District 3 Measure Z
Erica Landmann 937 21.19% Yes 14,296 57.66%
Shaunna Elias 1,641 37.12% No 10,496 42.43%
Jenny Chan 1,273 28.79%
Dustin Snyder 570 12.82%
District 3 Citywide
Vote-by-Mail Turnout 3,365 50.09% Vote-by-Mail Turnout 18,365 51.79% Precinct Turnout 1,688 25.13% Precinct Turnout 8,657 24.41% Voter Turnout 5,053 75.22% Voter Turnout 27,022 76.20%
*Results: https://results.lavote.gov/text-results/4324#contest-39 ** Total voter turnout by district and/or citywide will not match the total votes for a council seat or measure, as some voters may only vote for certain races and measures in lieu of all items they are eligible to vote on (e.g. President).

City of Glendora Election
Member of the City Council, District 3
For City Council District 3, by a majority vote, Shaunna Elias has been elected as a Member of the City Council, representing District 3 with a term of office of four-year terms.

Measure Z
The vote requirement for Measure Z to pass was 50% + 1 of the votes cast. With the number of votes for Measure Z reaching 57.66%, the measure carried, and the proposed Ordinance (Attachment C) shall be adopted and go into effect.

The City Council is required by State Law to adopt a resolution certifying the election results. The attached Resolution declares that canvass has been completed and all the necessary steps to properly and lawfully conduct this election and details the number of votes given at each precinct, including vote by mail ballots and provisional ballots, in the Resolution “Exhibit A” entitled the Certification of the Canvass and shall be made part of the official record (Attachment A & B).

Glendora Voter Turn-Out during City Elections:

Year Ballots Cast Voter Turn-Out Purpose Details
2022 0 Election Cancelled Districts 1 and 4 Districts 1 & 4 appointed ran unopposed 2020 2,985 45.12% Districts 2, 3 and 5 Districts 3 & 5 appointed ran unopposed 2019 6,597 20.78% Measure E
2017 6,585 20.85% 2 Council Seats
2015 6,010 19.00% 3 Council Seats
2013 0 Election Cancelled 2 Council Seats Candidates appointed ran unopposed 2011 6,132 20.30% 3 Council Seats
Overview of results of other election-related races, pulled from the Los Angeles County Website as of December 2, 2024, are listed below. For simplicity, Measures show yes/no and only those individuals who won seats are shown with their percentage of the vote.

Item #3. Page 3
Meeting Date: 12/10/2024 / Packet Page #: 6
Staff Report Page 4 of 4
Measure Results:

Designation Description Yes No
County Measure A Homelessness 57.78% 42.22%
County Measure G Charter amendment LA government structure 51.62% 48.38% Measure E Fire Protection 55.05% 44.95%
Measure V Mt San Antonio Community College Facility Bonds 55.60% 44.40% State Measure 2 Bonds Public School & Community College Facilities 62.14% 37.86% State Measure 3 Right to Marriage 65.71% 34.29%
State Measure 4 Bond Safe Drinking Water and Wildfire Prevention 64.47% 35.53% Designation (Cont) Description Yes No
State Measure 5 Bonds for Affordable Housing 51.07% 48.93% State Measure 6 Eliminates Involuntary Servitude for Incarcerated Persons 53.97% 46.03% State Measure 32 Raises Minimum Wage (Employers with 26+ employees) 53.93% 46.07% State Measure 33 Enact Rent Control 45.04% 54.96%
State Measure 34 Restricts spending of prescription drug revenues 47.10% 52.91% State Measure 35 Permanent funding for Medi-Cal 66.88% 33.12% State Measure 36 Allows Felony charges and increases sentences for drug & theft crimes 64.43% 35.57% Other Election Results:

Office(s) Successful Candidate Votes Percentage
GUSD* Governing Board Member, District 4 Daniel R. Cayem 2,482 56.32% GUSD* Governing Board Member, District 5 Michael J. Munoz 1,627 53.03% United States Senator (Short Term) Adam B. Schiff 2,323,607 65.32% United States Senator (Full Term) Adam B. Schiff 2,335,222 65.67% United States Representative, District 28 Judy Chu 187,612 68.36% United States Representative, District 31 Gil Cisneros 148,095 59.73% State Senator, District 25 Sasha Renee Perez 230,866 61.32% Member of State Assembly, District 48 Blanca Rubio 101,637 61.78% District Attorney Nathan Hochman 1,983,802 59.89%
*GUSD = Glendora Unified School District

FISCAL IMPACT
Sufficient appropriations for the 2024 Glendora Municipal Election are incorporated in the FY 2024-25 Adopted Mid-Cycle Budget in the General Fund (101).

ENVIRONMENTAL DETERMINATION
There is no CEQA impacts associated with the recommendations in this report.

Prepared By Kathleen R. Sessman, City Clerk/Communications Director Concurs With Not Applicable
Reviewed By Kathleen R. Sessman, City Clerk/Communications Director Certified to Availability of Funds Kyle Johnson, Finance Director/City Treasurer Approved By Adam Raymond, City Manager
Legal Review Danny Aleshire, City Attorney
CEQA Review Not Applicable
ATTACHMENTS:

A. Resolution
B. Certificate of Canvass (Exhibit A of Resolution)
C. Ordinance
Item #3. Page 4
Meeting Date: 12/10/2024 / Packet Page #: 7
RESOLUTION CC2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

GLENDORA RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 5, 2024, DECLARING THE RESULTS

THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW AND

DECLARING SHAUNNA ELIAS AS ELECTED MEMBER OF THE CITY
COUNCIL, REPRESENTING DISTRICT 3, FOR A TERM OF FOUR
YEARS AND MEASURE “Z” ADOPTED BY THE VOTERS

THE CITY COUNCIL
City of Glendora, California
WHEREAS, a By-District General Municipal Election coincided with the Presidential Primary Election was held and conducted in the City of Glendora, California, on Tuesday, November 5, 2024, as required by law; and,
WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and, WHEREAS, the County Clerk of Los Angeles County canvassed the returns of the election and certified the results to the Glendora City Council; the results have been received, which are attached and made a part hereof as “Exhibit A.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The official statement of votes cast for Member of the City Council, District 3, is that the whole number of votes (ballots) cast in the precincts except vote-by-mail voters ballots and provisional ballots was 1,688. That the whole number of vote-by-mail and provisional voter ballots cast was 3,365, making a total of 5,053 ballots cast.

SECTION 2. The official statement of votes cast for Measure Z, is that the whole number of votes (ballots) cast in the precincts except vote-by-mail voters ballots and provisional ballots was 8,657. That the whole number of vote-by-mail and provisional voter ballots cast in was 18,365, making a total of 27,022 ballots cast.

SECTION 3. That the names of persons voted for at the election for Member of the City Council to serve the Third District of the City of Glendora are as follows (listed in order that appeared on the ballot):

GLENDORA CITY GENERAL MUNICIPAL ELECTION
Member of City Council, 3rd District
Erica Landmann
Shaunna Elias
Jenny Chan
Dustin Snyder
Item #3. Page 5
Meeting Date: 12/10/2024 / Packet Page #: 8
Resolution CC 2024-___ Page 2 of 4
SECTION 4. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates and for and against the measure are listed in Exhibit A and outlined as follows:

Votes Percentage General Municipal Election Votes Percentage District 3 Registration 6,718 Citywide Registration 35,463 Member of the City Council, District 3 Measure Z
Erica Landmann 937 21.19% Yes 14,296 57.66%
Shaunna Elias 1,641 37.12% No 10,496 42.43%
Jenny Chan 1,273 28.79%
Dustin Snyder 570 12.82%
District 3 Citywide
Vote-by-Mail Turnout 3,365 50.09% Vote-by-Mail Turnout 18,365 51.79% Precinct Turnout 1,688 25.13% Precinct Turnout 8,657 24.41% Voter Turnout 5,053 75.22% Voter Turnout 27,022 76.20%
SECTION 5. That the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were listed in Exhibit “A” attached.

SECTION 6. The City Council does declare and determine that as a result of the election:

SHUANNA ELIAS was elected as a Member of the City Council to represent District 3 for the full term of four years.

SECTION 7. In addition, that the following question, which was designated as Measure “Z”, was submitted to Glendora registered voters at the November 5, 2024 Municipal Elections as follows:

With the number of votes for Measure Z reaching 57.66%, the Measure does carry and the Ordinance proposed by Measure Z shall go into effect.

SECTION 9. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of votes (ballots) cast in the City; (2) The names of the persons voted for and the Measure voted upon; (3) For what office each person was voted for; (4) the number of votes given for the Member of the City Council, District 3, and for the Measure; (5) The total number of votes given to each person, and for and against the Measure.

SECTION 10. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Item #3. Page 6
Meeting Date: 12/10/2024 / Packet Page #: 9
Resolution CC 2024-___ Page 3 of 4
Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.

SECTION 11. The City Clerk shall certify to the passage and adoption of this Resolution and shall enter the same in the Book of Original Resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Glendora this __ day of December, 2024.

BY:

MENDELL L. THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

CERTIFICATION
I, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Glendora at a regular meeting held on the ___ day of December, 2024, by the following vote:

AYES: MEMBERS:

NOES: MEMBERS:

ABSENT: MEMBERS:

ABSTAIN: MEMBERS:

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #3. Page 7
Meeting Date: 12/10/2024 / Packet Page #: 10
Resolution CC 2024-___ Page 4 of 4

EXHIBIT A
Official Canvass Certificate and Statement of Votes Cast for City of Glendora November 5, 2024 General Municipal Election (See Attachment B)
Item #3. Page 8
Meeting Date: 12/10/2024 / Packet Page #: 11
Item #3. Page 9
Meeting Date: 12/10/2024 / Packet Page #: 12
Item #3. Page 10
Meeting Date: 12/10/2024 / Packet Page #: 13
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 41.1 -Page- 89 GLENDORA CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 3rd District FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location Registration
Ballots
Cast

ERICA LANDMANNSHAUNNA ELIASJENNY CHANDUSTIN SNYDER
GLENDORA - 2600007A* 210 28 96 43 20
VOTE BY MAIL SERIAL 6514 440 59 189 134 24
TOTAL 805 650 87 285 177 44
GLENDORA - 2600011B* 59 8 30 11 4
VOTE BY MAIL SERIAL 6518 96 11 44 24 10
TOTAL 194 155 19 74 35 14
GLENDORA - 2600022B 658 122 218 112 108
VOTE BY MAIL SERIAL 0297 1,242 223 360 352 127
TOTAL 2,668 1,900 345 578 464 235
GLENDORA - 2600026A* 379 114 91 59 58
VOTE BY MAIL SERIAL 6523 867 234 154 227 146
TOTAL 1,689 1,246 348 245 286 204
GLENDORA - 2600031B* 16 2 3 2 1
VOTE BY MAIL SERIAL 6525 30 5 8 11 2
TOTAL 56 46 7 11 13 3
GLENDORA - 2600050A* 63 10 37 6 4
VOTE BY MAIL SERIAL 6528 112 13 61 21 6
TOTAL 230 175 23 98 27 10
GLENDORA - 2600058D* 296 34 121 81 26
VOTE BY MAIL SERIAL 6530 544 68 215 179 29
TOTAL 1,025 840 102 336 260 55
GLENDORA - 2600069A* 3 0 0 1 1
VOTE BY MAIL SERIAL 6535 6 1 5 0 0
TOTAL 10 9 1 5 1 1
GLENDORA - 2600107A* 4 2 1 0 0
VOTE BY MAIL SERIAL 6540 28 3 8 10 4
TOTAL 41 32 5 9 10 4
Item #3. Page 11
Meeting Date: 12/10/2024 / Packet Page #: 14
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 41.2 -Page- 90 GLENDORA CITY GENERAL MUNICIPAL ELECTION Member of the City Council, 3rd District FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location Registration
Ballots
Cast

ERICA LANDMANNSHAUNNA ELIASJENNY CHANDUSTIN SNYDER
PRECINCT TOTAL 1,688 320 597 315 222
VBM TOTAL 3,365 617 1,044 958 348
GRAND TOTAL 6,718 5,053 937 1,641 1,273 570
Item #3. Page 12
Meeting Date: 12/10/2024 / Packet Page #: 15
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 247.1 -Page- 1350

GLENDORA CITY SPECIAL MUNICIPAL ELECTION - MEASURE Z
FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location Registration
Ballots
Cast
YESNO
GLENDORA - 2600002A 621 285 283
VOTE BY MAIL SERIAL 0296 1,444 766 555
TOTAL 2,594 2,065 1,051 838
GLENDORA - 2600007A* 210 119 75
VOTE BY MAIL SERIAL 6514 440 232 169
TOTAL 805 650 351 244
GLENDORA - 2600009C* 529 256 233
VOTE BY MAIL SERIAL 6516 1,118 593 449
TOTAL 2,010 1,647 849 682
GLENDORA - 2600010A* 338 185 137
VOTE BY MAIL SERIAL 6517 734 366 307
TOTAL 1,300 1,072 551 444
GLENDORA - 2600011B* 59 28 21
VOTE BY MAIL SERIAL 6518 96 59 29
TOTAL 194 155 87 50
GLENDORA - 2600012A* 64 32 25
VOTE BY MAIL SERIAL 6519 164 102 46
TOTAL 316 228 134 71
GLENDORA - 2600016B* 75 39 24
VOTE BY MAIL SERIAL 6520 97 62 26
TOTAL 212 172 101 50
GLENDORA - 2600019A* 111 57 46
VOTE BY MAIL SERIAL 6521 254 136 106
TOTAL 420 365 193 152
GLENDORA - 2600022B 658 318 267
VOTE BY MAIL SERIAL 0297 1,242 708 397
TOTAL 2,668 1,900 1,026 664
GLENDORA - 2600023B* 141 63 64
VOTE BY MAIL SERIAL 6522 266 146 96
TOTAL 517 407 209 160
GLENDORA - 2600026A* 379 184 155
VOTE BY MAIL SERIAL 6523 867 470 317
TOTAL 1,689 1,246 654 472
GLENDORA - 2600028A* 481 219 216
VOTE BY MAIL SERIAL 6524 1,095 562 467
TOTAL 2,140 1,576 781 683
GLENDORA - 2600031B* 16 8 4
VOTE BY MAIL SERIAL 6525 30 19 7
TOTAL 56 46 27 11
GLENDORA - 2600040A 836 382 364
VOTE BY MAIL SERIAL 0298 1,954 1,066 730
TOTAL 3,813 2,790 1,448 1,094
Item #3. Page 13
Meeting Date: 12/10/2024 / Packet Page #: 16
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 247.2 -Page- 1351

GLENDORA CITY SPECIAL MUNICIPAL ELECTION - MEASURE Z
FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location Registration
Ballots
Cast
YESNO
GLENDORA - 2600044A* 17 6 10
VOTE BY MAIL SERIAL 6526 38 20 13
TOTAL 65 55 26 23
GLENDORA - 2600046A* 70 31 28
VOTE BY MAIL SERIAL 6527 91 51 33
TOTAL 212 161 82 61
GLENDORA - 2600050A* 63 31 28
VOTE BY MAIL SERIAL 6528 112 63 45
TOTAL 230 175 94 73
GLENDORA - 2600052A* 262 124 116
VOTE BY MAIL SERIAL 6529 714 353 319
TOTAL 1,195 976 477 435
GLENDORA - 2600058D* 296 138 124
VOTE BY MAIL SERIAL 6530 544 314 192
TOTAL 1,025 840 452 316
GLENDORA - 2600059A* 362 200 138
VOTE BY MAIL SERIAL 6531 655 383 211
TOTAL 1,349 1,017 583 349
GLENDORA - 2600062A* 205 90 97
VOTE BY MAIL SERIAL 6532 414 216 175
TOTAL 789 619 306 272
GLENDORA - 2600065B* 168 93 62
VOTE BY MAIL SERIAL 6533 325 175 136
TOTAL 615 493 268 198
GLENDORA - 2600068A* 385 188 169
VOTE BY MAIL SERIAL 6534 882 488 337
TOTAL 1,631 1,267 676 506
GLENDORA - 2600069A* 3 2 0
VOTE BY MAIL SERIAL 6535 6 4 2
TOTAL 10 9 6 2
GLENDORA - 2600088A* 297 166 111
VOTE BY MAIL SERIAL 6536 616 327 232
TOTAL 1,110 913 493 343
GLENDORA - 2600097A* 340 194 112
VOTE BY MAIL SERIAL 6537 726 407 255
TOTAL 1,569 1,066 601 367
GLENDORA - 2600104A* 228 101 100
VOTE BY MAIL SERIAL 6538 476 259 193
TOTAL 918 704 360 293
GLENDORA - 2600106A 1,102 536 461
VOTE BY MAIL SERIAL 0299 2,245 1,302 760
TOTAL 4,630 3,347 1,838 1,221
Item #3. Page 14
Meeting Date: 12/10/2024 / Packet Page #: 17
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 247.3 -Page- 1352

GLENDORA CITY SPECIAL MUNICIPAL ELECTION - MEASURE Z
FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location Registration
Ballots
Cast
YESNO
GLENDORA - 2600106C* 31 14 16
VOTE BY MAIL SERIAL 6539 56 40 14
TOTAL 112 87 54 30
GLENDORA - 2600107A* 4 0 4
VOTE BY MAIL SERIAL 6540 28 16 9
TOTAL 41 32 16 13
GLENDORA - 2600108A* 306 160 124
VOTE BY MAIL SERIAL 6541 636 342 255
TOTAL 1,228 942 502 379
Item #3. Page 15
Meeting Date: 12/10/2024 / Packet Page #: 18
COUNTY OF LOS ANGELES 11/05/24 GENERAL ELECTION 247.4 -Page- 1353

GLENDORA CITY SPECIAL MUNICIPAL ELECTION - MEASURE Z
FINAL OFFICIAL V2

STATEMENT OF VOTES CAST

BY PRECINCT
Location Registration
Ballots
Cast
YESNO
PRECINCT TOTAL 8,657 4,249 3,614
VBM TOTAL 18,365 10,047 6,882
GRAND TOTAL 35,463 27,022 14,296 10,496
Item #3. Page 16
Meeting Date: 12/10/2024 / Packet Page #: 19
ORDINANCE NO. 2089

AN ORDINANCE OF THE PEOPLE OF THE CITY OF GLENDORA,
CALIFORNIA, ADDING A NEW CHAPTER 3.53 TO THE GLENDORA
MUNICIPAL CODE TO ENACT A ONE-QUARTER PERCENT (0.25%)

SUPPLEMENTAL GENERAL TRANSACTIONS AND USE TAX, TO BE

EFFECTIVE IN THE EVENT LOS ANGELES COUNTY MEASURE H IS

REPEALED OR EXPIRES, WHICH SHALL BE ADMINISTERED BY THE

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

THE CITY COUNCIL
City of Glendora, California
WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9, the City of Glendora (“City”), is authorized, subject to approval by a majority vote of the qualified voters of the City voting in an election on the issue, to levy a transactions and use tax for general purposes pursuant to the Transaction and Use Tax Law; and
WHEREAS, pursuant to Article XIII C, section 2 and Elections Code section 10201, the City has determined to submit a proposition to enact an ordinance establishing a transactions and use tax to the voters at the City’s next general election; and WHEREAS, pursuant to California Elections Code section 9222, the City Council has authority to place measures on the ballot to be considered at a General Municipal Election and desires to place a local funding measure on the ballot at the statewide general election held on November 5, 2024; and
WHEREAS, this Ordinance proposing a supplemental general transactions and use tax was approved by the City Council of the City on August 5, 2024 for placement on the ballot, and requires approval by a majority of the voters casting votes at the General Municipal Election on November 5, 2024; and
WHEREAS, the People of the City desire to add a new Chapter 3.53 to the Glendora Municipal Code establishing, effective after Los Angeles County’s Measure H is repealed or expires, a Supplemental General Transactions and Use Tax (“TUT”), on the sale and/or use of all tangible personal property sold at retail in the City, at a rate of one-quarter percent (0.25%).

NOW, THEREFORE, THE PEOPLE OF THE CITY OF GLENDORA AT THE NOVEMBER 5, 2024 GENERAL ELECTION DO HEREBY RESOLVE, DECLARE, AND ORDAIN AS FOLLOWS:

Section 1. Title and Text. This Ordinance shall be known as the “Glendora Supplemental General Transactions and Use Tax”, the full text of which is set forth in Exhibit “A”, attached hereto and incorporated herein by reference. The Recitals set forth above, are hereby incorporated herein by this reference.

Section 2. Approval by the City Council. Pursuant to California Government Code section 53724 and Revenue and Taxation Code section 7285.9, this Ordinance was duly approved for placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on August 5, 2024.

Item #3. Page 17
Meeting Date: 12/10/2024 / Packet Page #: 20
Ordinance No. 2089 Page 2 of 10
Section 3. Approval by the Voters. Pursuant to California Elections Code section 9217, this Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible voters of the City of Glendora voting at the General Municipal Election of November 5, 2024. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.

Section 4. Operative Date. The “Operative Date” for the TUT contained in this Ordinance shall not commence unless and until Los Angeles County Measure H is repealed or expires, as set forth herein.

Section 5. Use of Tax Proceeds. All proceeds of the tax levied and imposed hereunder shall be accounted for and paid into the City’s General Fund, and may be used for any lawful purpose as designated by the City Council.

Section 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Glendora hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

Section 7. Appropriations Limit. Pursuant to Article XIIIB of the California Constitution, the appropriations limit for the City of Glendora is increased to the maximum extent over the maximum period of time allowed by law consistent with the revenues generated by the TUT contained in this Ordinance.

Section 8. Council Authority to Amend. This is a City Council-sponsored initiative Ordinance which otherwise would only be subject to amendment by the voters of the City.

However, pursuant to Elections Code Section 9217, the City Council shall have and retain the right and authority to amend this Ordinance to further its purposes and intent (including but not limited to amendment for more efficient administration as determined by the City Council) in any manner that does not increase a tax rate, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution.

Section 9. Execution. If a majority of the voters of the City of Glendora voting at the General Municipal Election held on November 5, 2024, vote in favor of this Ordinance, then the Mayor shall sign this Ordinance.

Section 10. Certification. The City Clerk of the City shall certify that this Ordinance was passed, approved and adopted by the People of the City of Glendora, California, voting on the 5 th day of November, 2024, and upon its adoption, the City Clerk is hereby authorized and directed to codify this Ordinance in the Glendora Municipal Code.

PASSED, APPROVED, AND ADOPTED by the People of the City of Glendora at an election held on the 5th day of November, 2024.

Item #3. Page 18
Meeting Date: 12/10/2024 / Packet Page #: 21
Ordinance No. 2089 Page 3 of 10
BY: __________________________________
MENDELL L. THOMPSON
Mayor
APPROVED AS TO FORM:

Aleshire & Wynder, LLP

DANNY ALESHIRE
City Attorney

CERTIFICATION
I, Kathleen R. Sessman, City Clerk of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 5th day of August, 2024. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the _____ day of December, 2024, by the following roll call vote:

AYES: MEMBERS: Allawos, Boyer, Davis, Fredendall, and Thompson.

NOES: MEMBERS: None.

ABSENT: MEMBERS: None.

ABSTAIN: MEMBERS: None.

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the __________.

Dated:

KATHLEEN R. SESSMAN
City Clerk/Communications Director
Item #3. Page 19
Meeting Date: 12/10/2024 / Packet Page #: 22
Ordinance No. 2089 Page 4 of 10
EXHIBIT “A”
A new Chapter 3.53 is hereby added to the Glendora Municipal Code to read as follows:
“Chapter 3.53

SUPPLEMENTAL GENERAL TRANSACTIONS AND USE TAX

3.53.010 Title.

This ordinance shall be known as the “City of Glendora Supplemental General Transactions and Use Tax.” The City of Glendora hereinafter shall be called “city.” This ordinance shall be applicable in the incorporated territory of the city.

3.53.020 Operative date.

The “Operative date” of the City of Glendora Supplemental General Transactions and Use Tax shall be the date that is ten (10) days after the day on which the City Council has declared that the voters of the City of Glendora have approved this ordinance; provided, however, the Operative date of this ordinance shall not commence until the date on which Los Angeles County Measure H is repealed or expires.

3.53.030 Purpose.

This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the city to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent Item #3. Page 20
Meeting Date: 12/10/2024 / Packet Page #: 23
Ordinance No. 2089 Page 5 of 10
with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this chapter.

3.53.040 Contract with state.

Prior to the operative date, the city shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the city shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

3.53.050 Transactions tax rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the city at the rate of 1/4 of a cent per dollar (0.25%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

3.53.060 Place of sale.

For the purposes of this chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.53.070 Use tax rate.

An excise tax is hereby imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1/4 of a cent per dollar (0.25%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

3.53.080 Adoption of provisions of state law.

Except as otherwise provided in this chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Item #3. Page 21
Meeting Date: 12/10/2024 / Packet Page #: 24
Ordinance No. 2089 Page 6 of 10
Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein.

3.53.090 Limitations on adoption of state law and collection of use taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this city shall be substituted therefor. However, the substitution shall not be made when:

1. The word “state” is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this city or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the state under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in business in this state” in Section 6203 and in the definition of that phrase in Section 6203.

1. The words “A retailer engaged in business in the city” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to Item #3. Page 22
Meeting Date: 12/10/2024 / Packet Page #: 25
Ordinance No. 2089 Page 7 of 10
each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

3.53.100 Permit not required.

If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor’s permit shall not be required by this ordinance.

3.53.110 Exemptions and exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the city which is shipped to a point outside the city, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the city shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-of-city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

Item #3. Page 23
Meeting Date: 12/10/2024 / Packet Page #: 26
Ordinance No. 2089 Page 8 of 10

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this city of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the city shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the city or participates within the city in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the city or through any representative, agent, canvasser, solicitor, subsidiary, or person in the city Item #3. Page 24
Meeting Date: 12/10/2024 / Packet Page #: 27
Ordinance No. 2089 Page 9 of 10
under the authority of the retailer or meets the requirements of a retailer engaged in business in the city pursuant to section 3.53.090(B).

7. “A retailer engaged in business in the city” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the city.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

3.53.120 Amendments.

All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

3.53.130 Enjoining collection forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the state or the city, or against any officer of the state or the city, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

3.53.140 Severability.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

3.53.150 Council Authority to Amend.

Pursuant to Elections Code Section 9217, the City Council shall have and retain the right and authority to amend this ordinance to further its purposes and intent (including but not limited to amendment for more efficient administration as determined by the City Council) in any manner that does not increase a tax rate, or otherwise constitute a tax increase for which voter approval is required by Article XIII C of the California Constitution.

Item #3. Page 25
Meeting Date: 12/10/2024 / Packet Page #: 28
Ordinance No. 2089 Page 10 of 10

3.53.160 Effective date.

This chapter shall be effective ten (10) days after the date on which the City Council has declared that the voters of the City of Glendora have approved this ordinance by a vote of no less than a majority of the votes cast by the electors voting on the tax measure set forth in this chapter at that general municipal election to be held on November 5, 2024.

3.53.170 Termination date.

The authority to levy the tax imposed by this ordinance shall not expire unless terminated by lawful vote of the electorate or as required or authorized by law.

Item #3. Page 26
Meeting Date: 12/10/2024 / Packet Page #: 29

Glendora City CouncilDecember 10, 2024

Glendora City Council
December 10, 2024