CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE PLACEMENT OF
AN ORDINANCE ON THE BALLOT TO ENACT A LOCALLY CONTROLLED
GENERAL TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF THREE-QUARTER CENT (3/4 ¢) PURSUANT TO CALIFORNIA PROPOSITION 218
WHEREAS, the City Council of the City of Hermosa Beach (“City”) is authorized to levy a Transactions and Use Tax (“sales tax”) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIII C, section 2 of the California Constitution (“Proposition 218”); and WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be called and held in the City of Hermosa Beach on November 5, 2024; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, the City Council would like to submit to the voters at the November 5, 2024 General Municipal Election a measure enacting a locally controlled general transactions and use tax at a rate of three quarter cent (3/4 ¢) on the sale and/or use of all tangible personal property sold at retail in the City until it is ended by voters, as more specifically set forth in the attached proposed ordinance adding Chapter 3.44 to Title 3 of the City’s Municipal Code; and
WHEREAS, the ¾ cent sales tax is a general tax, the revenue of which will be placed in the City’s general fund and will be used to pay for important general City services; and
WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority vote of the qualified electors voting in the election; and
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WHEREAS, pursuant to Proposition 218 (California Constitution, Article XIII C, § 2(b)), the general rule is that any local election for the approval of an increase to a general tax must be consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, the next regularly scheduled general election at which City Council members are to be elected is November 5, 2024; and WHEREAS, pursuant to Government Code section 53724 (“Proposition 62”) and Revenue and Taxation Code section 7285.9, a two-thirds (2/3) vote of all members of the City Council is required to place the Measure on the November 5, 2024 ballot; and
WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval, collection and use of the general sales tax are described and
provided for in the ordinance/measure attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, in accordance with all applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution.
SECTION 2. Calling of Election. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Hermosa Beach, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of submitting the Measure attached hereto as Exhibit “A” and incorporated herein by this reference to the qualified electors of the City.
SECTION 3. The City Council, pursuant California Elections Code Section 9222, hereby orders that the following question be submitted to the qualified electors of the City of Hermosa Beach and printed on the November 5, 2024 General Municipal Election ballot:
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Shall the measure protecting essential services such as police, crime prevention, parks, recreation, to improve streets and sidewalks, protection of beach/coastal waters, cleaning of public areas, addressing homelessness, school safety, supporting local businesses, and for other general governmental use by enacting a 3/4¢ transaction and use (sales) tax providing approximately $3,000,000 annually, until ended by voters, with annual audits and all funds staying local, be adopted?
YES
NO
SECTION 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to coordinate with the County of Los Angeles RegistrarRecorder/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 6. Notice of the election is hereby 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 7. Placement on the ballot. The full text of the Measure shall not be printed in the Sample Ballot Booklet, and a statement shall be printed in the ballot pursuant to Elections Code § 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk.
SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 5, 2024, file with the Board of Supervisors and the Registrar-Recorder/County Clerk of the County of Los Angeles, State of California, a certified copy of this Resolution.
SECTION 9. Public Examination. Pursuant to California Elections Code § 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run.
SECTION 10. The City Clerk is hereby authorized and directed to appropriate the necessary funds to pay for the City’s cost of placing the Measure on the election ballot.
SECTION 11. That the vote requirement for the measure to pass is a majority (50% + 1) of the votes cast.
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SECTION 12. 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 13. The City Council authorizes the City Clerk to administer said election and all the City shall reimburse Los Angeles County for all reasonable and actual election expenses upon presentation of a properly submitted bill.
SECTION 14. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.
SECTION 15. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED and ADOPTED this 23rd Day of January, 2024.
Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
Exhibit “A”
Chapter 3.44 - Transactions and Use Tax
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Sections:
3.44.010 - Purpose.
3.44.020 - Contract With State.
3.44.030 - Transactions Tax Rate.
3.44.040 - Place of Sale.
3.44.050 - Use Tax Rate.
3.44.060 - Adoption of Provisions of State Law.
3.44.070 - Limitations on Adoption of State Law and Collection of Use Taxes.
3.44.080 - Permit Not Required.
3.44.090 - Exemptions and Exclusions.
3.44.100 - Amendments.
3.44.110 - Enjoining Collection Forbidden.
3.44.120 - Duration of Tax
Sections:
3.44.010 - 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.
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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 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 ordinance.
3.44.020 - 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.
3.44.030- 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 three quarters of one percent (3/4 %) 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.
3.44.040 - Place of Sale.
For the purposes of this ordinance, 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.
3.44.050 - 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 three quarters of one percent (3/4 %) of the sales price of 974
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.
3.44.060 - Adoption of Provisions of State Law.
Except as otherwise provided in this ordinance 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 Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
3.44.070 - 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, California Victim Compensation Board, California Department of Tax and Fee Administration, 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;
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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 reference to 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 of the Revenue and Taxation Code and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” 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 each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
3.44.080 - 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.
3.44.090 - 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 976
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.
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 subsection, 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.
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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 subsection, 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 under the authority of the retailer.
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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.
3.44.100 - 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.
3.44.110 - 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.
3.44.120 – Duration of Tax.
The tax imposed by this chapter shall continue until this ordinance is repealed. 979
CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO § 10403
OF THE CALIFORNIA ELECTIONS CODE
WHEREAS, on January 23, 2024, the City Council of the City of Hermosa Beach called a General Municipal Election to be held on November 5, 2024 for the purpose of submitting to the voters the question relating to a locally controlled general transactions and use tax (sales tax) at the rate of three-quarter (3/4 ¢); and
WHEREAS, it is therefore desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the City the precincts, vote center and election workers of the two elections be the same, and that the Registrar-Recorder/County Clerk of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Request for Consolidation. Pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 5, 2024, for the purpose of submitting to the voters a ballot measure relating to the a general transactions and use tax (sales tax) at the rate of three-quarter (3/4 ¢).
SECTION 2. Measure Language. A measure is to appear on the ballot as follows:
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Shall the measure protecting essential services such as police, crime prevention, parks, recreation, to improve streets and sidewalks, protection of beach/coastal waters, cleaning of public areas, addressing homelessness, school safety,
supporting local businesses, and for other general
governmental use by enacting a 3/4¢ transaction and use (sales) tax providing approximately $3,000,000 annually, until ended by voters, with annual audits and all funds staying local, be adopted?
YES
NO
SECTION 3. Canvass of Returns. The Los Angeles Registrar-Recorder/County Clerk is authorized to canvass the returns and perform all other proceedings incidental to and connected with the General Municipal Election. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Section 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide General Election.
SECTION 4. Necessary Steps. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for holding of the consolidated election.
SECTION 5. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the General Municipal Election with the Statewide General Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. The City Manager of the City of Hermosa Beach is authorized and directed to pay for the expenses incurred after receiving a statement from the County of Los Angeles.
SECTION 6. Filing of Resolution. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the election department of the County of Los Angeles.
SECTION 7. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity. 981
SECTION 8. Effective Date of Resolution. This Resolution shall become effective upon its adoption, and the City Clerk shall certify the vote adopting this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED on this 23rd day of January, 2024. __________________________________________________________________________ Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
____________________________________ ___________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
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CITY OF HERMOSA BEACH
RESOLUTION NO. RES-24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN
ARGUMENT AND REBUTTAL ARGUMENT REGARDING A LOCALLY
CONTROLLED ORDINANCE TO ENACT A GENERAL TRANSACTIONS
AND USE TAX (SALES TAX) AT THE RATE OF THREE-QUARTER CENT (3/4 ¢) TO BE SUBMITTED TO VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024, AND DIRECTING THE CITY
ATTORNEY TO PREPARE THE IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election will be held in the City of Hermosa Beach, California, on Tuesday, November 5, 2024, at which there will be submitted to the voters the following question:
Shall the measure protecting essential services such as police, crime prevention, parks, recreation, to improve streets and sidewalks, protection of beach/coastal
waters, cleaning of public areas, addressing
homelessness, school safety, supporting local businesses, and for other general governmental use by enacting a
3/4¢ transaction and use (sales) tax providing
approximately $3,000,000 annually, until ended by voters, with annual audits and all funds staying local, be
adopted?
YES
NO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Primary Arguments. That the City Council authorizes (i) the Mayor, City Council or any members(s) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor or against the City measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the City measure for or against the City measure may be submitted to the City Clerk. 983
That arguments for the measures specified above shall not exceed 300 words and must be accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, and Division 9 of the Elections Code of the State of California.
The argument may not be signed by more than five authors. Arguments shall be accompanied by a “Form of Statement To Be Filed By Author(s) of Argument.”
Arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting them 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. Arguments may be changed or withdrawn until and including the date fixed by the City Clerk (12:00 p.m., Tuesday, February 13, 2024), after which no arguments for or against the measures may be submitted to the City Clerk.
SECTION 2. Rebuttal Arguments. That pursuant to Sections 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure which will be printed and distributed to the voters, the City Clerk shall immediately send a copy of the argument in favor of the measure to the author(s) of the argument against the measure, and a copy of the argument against the measure to the author(s) of the argument in favor of the measure.
The author or a majority of the authors of an argument relating to a City measure 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.
A rebuttal argument may not be signed by more than five authors. A rebuttal argument shall be accompanied by a “Form of Statement To Be Filed By Author(s) of Argument.”
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting them 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, not more than 10 days after the final date for filing direct arguments. The deadline for filing rebuttal arguments will be 12:00 p.m., Thursday, February 22, 2024. 984
Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.
SECTION 3. Impartial Analysis. Pursuant to Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure.
The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. The full text of the Measure shall not be printed in the Sample Ballot Booklet. Printed immediately below the impartial analysis, in no less than 10-font bold type, will be: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please contact the Office of the City Clerk at (310) 318-0204 or at [email protected] and a copy will be mailed at no cost to you.” The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments (12:00 p.m., Tuesday, February 13, 2024).
SECTION 3. Prior Resolutions. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.
SECTION 4. November 5, 2024 General Municipal Election. That the provisions of Section 1 and Section 2 shall apply only to the election to be held on November 5, 2024, and shall then be repealed.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter it into the book of original Resolutions, and shall make a minute of the passage and adoption thereof in the minutes of the meeting at which the Resolution is adopted.
PASSED, APPROVED and ADOPTED on this 23rd day of January, 2024. 985
__________________________________________________________________________ Mayor Justin Massey
PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM:
____________________________________ ___________________________________ Myra Maravilla Patrick Donegan
City Clerk City Attorney
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ARGUMENTS AND REBUTTAL FORM
ELECTION DATE: MEASURE I.D. (If any):
JURISDICTION:
(Please mark (X) in the appropriate box)
Direct Argument in Favor (Supporters)
Rebuttal to Argument in Favor
Direct Argument Against (Opponents)
Rebuttal to Argument Against
Statements will be printed in uniform type, style and spacing according to the County’s system requirements. When preparing your statement, please use block paragraphs and single space format. Entire statements in all capital letters, bold and italics (or any combination of enhancements) are not acceptable. Indentations cannot be accommodated. Words to be printed in boldface type, underscored and/or CAPITALIZED are to be clearly indicated. All statements should be checked by the authors for spelling and punctuation as the elections official is not permitted to edit any material contained therein. NOTE: Rebuttal arguments are not direct arguments. For example, a rebuttal to a direct argument in favor of a measure is NOT a direct argument against a measure. Please also note that rebuttal arguments are allowed only when both a direct argument for AND against a measure are filed. Word limit for direct Arguments in favor and against may not exceed 300 words, Rebuttals for and against may not exceed 250 words.
OFFICIAL BALLOT MEASURE LABEL
Type list of names to appear in the ballot label as Supporters/Opponents (125 Characters) Please use this space to type your statement. If you need additional space, please attach a typed statement to this form. Statements should be typed in upper- and lower-case letters. Statement will be typeset in the Official Sample Ballot Booklet using a standard font and size determined by the County.
ALL AUTHORS MUST SIGN ON THE REVERSE SIDE
987
DECLARATION BY AUTHOR(S) OF ARGUMENTS OR REBUTTALS INCLUDING THE OFFICIAL BALLOT LABEL SUPPORTERS/OPPONENTS All arguments concerning measures filed pursuant to Division 9, Section 9600 of the Elections Code shall be accompanied by the following declaration to be signed by each author of the argument/rebuttal. Names and titles listed will be printed in the Voter Information portion of the Official Sample Ballot Booklet and listed as a Supporter/Opponent on the Official Ballot Measure Label.
The undersigned author(s) of the:
Direct Argument in Favor (Supporters) Direct Argument Against (Opponents) Rebuttal to Argument in Favor Rebuttal to Argument Against of ballot measure (Name and/or letter):
Jurisdiction Name & Title of Election:
to be held on (Date of the Election):
hereby state that such argument is true and correct to the best of his/her/their knowledge and belief.
List by
Priority
BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 1 NAME (PRINT):
TITLE (PRINT):
ABBREVIATED NAME/TITLE:
ADDRESS:
BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 2 NAME (PRINT):
TITLE (PRINT):
ADDRESS:
BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 3 NAME (PRINT):
TITLE (PRINT):
ADDRESS:
BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 4 NAME (PRINT):
TITLE (PRINT):
ADDRESS:
BUSINESS INDIVIDUAL NON-PROFIT ORGANIZATION SIGNATURE DATE 5 NAME (PRINT):
TITLE (PRINT):
ADDRESS:
OFFICE USE ONLY Time Stamp
Number of Words Number of Characters Project Code Number Election Deputy
CONTACT INFORMATION
IMPORTANT FILING INFORMATION: I, am the designated filer of the above titled argument/rebuttal. Please notify me of any questions pertaining to this filing. Below is my contact information.
Mailing Address: E-Mail Address:
Contact Numbers:
Daytime Evening Fax
ABBREVIATED NAME/TITLE:
ABBREVIATED NAME/TITLE:
ABBREVIATED NAME/TITLE:
ABBREVIATED NAME/TITLE:
988
OFFICIAL BALLOT MEASURE LABEL
SUPPORTERS/OPPONENTS GUIDELINES
Pursuant to Assembly Bill No. 1416 dated September 29, 2022 amended Sections 303, 9050, 9051, 9053, 13282 and added 9170.
Jurisdictions for Local and Statewide Measures if applicable, shall provide Election Officials with a list of Supporters and or Opponents (i.e., nonprofit organizations, businesses, or individuals) taken from the list of Supporters and or Opponents as part of the ballot label. The criteria for the ballot label are as follows.
Listing Criteria:
• Listing is limited to 125-Characters (Spaces, Commas, Semicolons, and other characters are included in count). • Listing is limited to five (5) Supporters and or Opponents. • To be within the limit of 125-Characters, names may be shorted, and acronyms may be used (Please note if list provided is over the limit the Election Officials may shorten or remove name(s) from list to meet criteria). • List provided must be in ranking order from 1 to 5 (This will ensure names with high ranking are not removed by the Election Officials if adjustments are required to meet the 125-Character criteria). • Measures that share Counties shall not include list of supporters or opponents if the other County with the same measure does not include list of supporters or opponents.
• If listing is not provided or there are none that meet the requirements “None Submitted” will be listed in place of names.
SAMPLE
Supporters: BetMGM LLC; Betfair Interactive US
LLC (FanDuel Sportsbook); Crown Gaming, Inc.
(Draftkings); Yesto Prop 27.com; Local Corp.
Opponents: San Manuel Band of Mission
Indians, the Pechanga Band of Luiseno Indians;
the Yocha Dehe Wintun Nation; Goodwill
Southern Ca.
989
COUNTY OF LOS ANGELES ELECTION PLANNING SECTION
REGISTRAR-RECORDER/COUNTY CLERK
AUTHORIZATION FOR ANOTHER PERSON TO SIGN
REBUTTAL ARGUMENT
(Elections Code Sections 9167, 9317 & 9504)
I, authorize the person listed below to
(Print name of AUTHOR of the Argument
sign the rebuttal to the argument in favor against Measure (Check one) (Letter)
for the election to be
(Jurisdiction)
held on .
(Date)
Any Author of the Argument may be replaced with another author to sign the Rebuttal. (Print name of Rebuttal Author)
(Signature of Rebuttal Author)
(Title to appear on Rebuttal)
Signature of Argument Author: Date:
Attach this form to the “Declaration by Authors Form” submitted with the Rebuttal Argument. 990
City of Hermosa Beach
Staff Report
City Hall
1315 Valley Drive
Hermosa Beach, CA 90254
Staff Report
24-0047
Honorable Mayor and Members of the Hermosa Beach City Council Regular Meeting of January 23, 2024
TENTATIVE FUTURE AGENDA ITEMS
Attached is the current list of tentative future agenda items for Council’s information.
Attachments:
Tentative Future Agenda Items
City of Hermosa Beach Page 1 of 1 Printed on 1/18/2024
powered by Legistar™991
January 11, 2024
Honorable Mayor and Members Regular Meeting of
of the Hermosa Beach City Council January 23, 2024
TENTATIVE FUTURE AGENDA ITEMS
TO BE RESCHEDULED
CITY COUNCIL RETREAT
NO MEETING FEBRUARY 13, 2024
(DARK)
FEBRUARY 27, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
FEBRUARY 27, 2024 @ 6:00 PM
PRESENTATIONS
RECOGNIZING LEARNED LUMBER’S 100TH YEAR OF BUSINESS IN HERMOSA BEACH
RECOGNIZING PETER MICHEL AND TJ BRINJAK FOR THEIR SERVICE TO THE CITY
PROCLAMATION DECLARING FEBRUARY AS BLACK HISTORY MONTH
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for January 2024
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for December 2023 and January 2024
City Treasurer Ongoing
Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of January 8, 2024
Community Resources Manager Ongoing
Action Minutes of the Planning Commission Meeting of February 20, 2024 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for December 2023
Emergency Management
Coordinator
Ongoing
South Bay Workforce Investment Board Quarterly Summary (2nd Qtr for 2023-24)
Chris Cagle Quarterly
MUNICIPAL MATTERS
Midyear Budget Review 2023-24 Finance Director Annual
Economic Development Strategy Progress Report Community Development Director Biannual Award of Construction Contract for CIP 689 Clark Building Renovations Public Works Director Staff Request Nov. 30, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
WEDNESDAY, MARCH 6, 2024
STUDY SESSION PLACEHOLDER
992
2 MARCH 12, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
MARCH 12, 2024 @ 6:00 PM
PRESENTATIONS
LOS ANGELES COUNTY FIRE SERVICES AND
MCCORMICK AMBULANCE 2024 SEMI-ANNUAL REVIEW
PROCLAMATION DECLARING MARCH 2024 AS WOMEN’S HISTORY MONTH PROCLAMATION DECLARING MARCH 2024 AS RED CROSS MONTH
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for January 2024
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for January 2024 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Action Minutes of the Civil Service Board Meeting of November 15, 2023 Human Resources Manager Ongoing FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
MARCH 26, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
MARCH 26, 2024 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Revenue Report, Expenditure Report, and CIP Report by Project for February 2024
Finance Director Ongoing
City Treasurer’s Report and Cash Balance Report for February 2024 City Treasurer Ongoing Cancellation of Certain Checks City Treasurer Ongoing
Capital Improvement Program Status Report Public Works Director Ongoing Action minutes of the Parks, Recreation and Community Resources Advisory Commission meeting of February 6, 2024
Community Resources Manager Ongoing
Action Minutes of the Planning Commission Meeting of March 19, 2024 Community Development Director Ongoing Planning Commission Tentative Future Agenda Community Development Director Ongoing Los Angeles Fire Services and McCormick Ambulance Monthly Report for January 2024
Emergency Management
Coordinator
Ongoing
MUNICIPAL MATTERS
Review of the draft Parks Master Plan Community Resources Manager Staff Request Nov. 28, 2023
FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
993
3 APRIL 9, 2024 @ 5:00 PM
INITIAL
DATE CLOSED SESSION
APRIL 9, 2024 @ 6:00 PM
CITY MANAGER REPORTS
Police Chief Update
CITY COUNCILMEMBER COMMENTS
Updates from City Council Ad Hoc Subcommittees and Standing Committee Delegates/Alternates
CONSENT CALENDAR
City Council Minutes City Clerk Ongoing
Check Registers Finance Director Ongoing
Action Minutes of the Civil Service Board Meeting of February 21, 2024 Human Resources Manager Ongoing FUTURE AGENDA ITEMS – CITY COUNCIL
Future Agenda Items City Manager Ongoing
THURSDAY, APRIL 18, 2024
STUDY SESSION: FISCAL YEAR 2023–2024 CAPITAL IMPROVEMENT PROGRAM NO MEETING APRIL 23, 2024
(DARK)
994
4 PENDING STRATEGIC PLAN ITEMS
STATUS /
TENTATIVE MEETING DATE
Beach Policy/Regulations (Continued from meeting of October 27, 2016) Community Resources Manager
This item will be addressed
through the creation of the
Volleyball Court Use Policy, to
be reviewed by City Council in
2023 (date to be determined)
Alternative Fuel Transportation Report, Nov. 2016 Environmental Analyst
PENDING NEW ITEMS
STATUS /
TENTATIVE MEETING DATE
Approval of the Municipal Lease Policy
Initiated by: Staff Request Jun. 12, 2018
Community Resources
Manager
Landscape and Street Lighting District Assessment Adjustment (mail-in election authorization)
Initiated by: Council Direction Jul. 9, 2019
Public Works Director To be included in Revenue
Strategy Study Session (March
3, 2022). PW staff has funding
to prepare an assessment
adjustment study and will
advance that effort – it is
anticipated that the study will
take approximately 2 to 3
months to complete. If council
agrees to advance the
adjustment, it will need to go to
a city-wide ballot.
The annual assessment is
required to go to council each
year for approval and may need
to go to council separately
before the ballot vote. It was
last approved at the 7/13/2021
council meeting.
Pavement Condition Index Update
Initiated by: Staff Request Sept. 23, 2019
Public Works Director The new pavement
management plan report is
being prepared and is
anticipated to be completed in
approximately 2 to 3
months. PW staff will prepare
a staff report with the updated
document and have our
consultant available to present
the item to council.
Public Records Request Guidelines
Initiated by: Staff Request Oct. 14, 2019
City Clerk
Emergency Services Municipal Code Chapter 2.56 Update Emergency Management
Coordinator
Waiting for State to review
proposed language changes
Return to Council to discuss a full ban on tobacco sales and to include all available data related to other communities who have adopted complete bans Initiated by: Council Direction Jan. 28, 2020
Community
Development Director
Staff to work with BCHD to
consider appropriate timing to
return to consider a full ban
Consideration of licensing agreement/fees for use of City logo Initiated by: Council Direction Jun. 9, 2020
City Attorney The City will develop a
licensing agreement for
commercial uses of the City
logo as part of a comprehensive
Administrative Memorandum
(AM) on City Branding and
Logo Use by City Staff. City
staff will begin drafting the
AM after finalizing the City’s
995
5 style guide and filing its “Intent
to Use” trademark application
for the City logo with the
USPTO. As part of developing
a Licensing Agreement for the
Commercial Use of the City
Logo, staff will establish a
process for reviewing and
handling these requests. This
process will likely include the
negotiation of royalties and as
well as the preparation of a
staff report to obtain Council
approval to enter into the
agreement. Only once after the
City receives the issuance of a
Notice of Allowance from the
USPTO can it begin approving
applications for commercial
uses of the logo.
Follow-up on Mayor’s Pledge
Initiated by: Council Direction August 25, 2020
City Manager’s
Office/Police Chief
City to provide events for the
Mayor’s Pledge criteria
Ordinance to regulate nuisance Outdoor Lighting
Initiated by: Staff Request June 3, 2021
Community
Development Director
Council referred to Planning
Commission at June 2021
meeting, tentatively scheduled
for Planning Commission,
February 2022
An Ordinance of the City of Hermosa Beach, California, adding Chapter
12.42 to the Hermosa Beach Municipal Code to require property owners to repair the sidewalk area abutting their real property
Initiated by: Staff Request June 12, 2021
City Attorney
PLAN Hermosa 5-year check-in on milestones
(Supported by Massey, Campbell, Armato, Jackson)
Initiated by: Council Direction October 26, 2021
Community
Development
Director/Environmental
Program Manager
The next update to City
Council will be in 2026
Consideration of Non-Profit Grant Program
Initiated by: Council Direction March 9, 2022
Deputy City Manager
Report on whether the Blue Star Marker Program would be applicable in Hermosa Beach (supported by Detoy, Jackson and Saemann) Initiated by: Council Direction May 23, 2023
Community Resources
Manager Staff waiting to hear back from
the Hermosa Garden Club
Consideration of rules that would govern operation of off-sale alcohol establishments in downtown and consideration of queuing for on-sale alcohol establishments. (supported by Massey, Saemann and Detoy) Initiated by: Council Direction June 13, 2023
Community
Development/Police
Chief/Deputy City
Manager
Ordinance to be established to
address items
Review of Los Angeles Metro C Line (Green) Extension to Torrance (supported by Jackson, Detoy and Francois)
Initiated by: Council Direction September 26, 2023
City Manager
Information Item: Discussion of the City's COVID-19 requirements for employment and the City's position on the vaccination requirement (supported by Saemann and Francois)
Initiated by: Council Direction November 28, 2023
Human Resources
Manager/City
Manager/City Attorney
Consideration of
1) Adding Lanes to Reduce Traffic Speed on Prospect; and 2) Retain Contractor to Complete Project
(supported by Massey, Jackson and Francois)
Initiated by: Council Direction December 12, 2023
Public Works Director
996