1. CALL TO ORDER
2. CERTIFICATION OF AGENDA POSTING BY CITY CLERK
3. ROLL CALL OF COUNCIL MEMBERS
4. PLEDGE OF ALLEGIANCE
5. INVOCATION
6. NEW/OLD BUSINESS
This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603-0220, ext. 200.
Procedures for Addressing the Council
IN ORDER TO EXPEDITE CITY COUNCIL BUSINESS, WE ASK THAT ALL PERSONS WISHING TO
ADDRESS THE COUNCIL SUBMIT YOUR COMMENTS IN ADVANCE TO
[email protected] OR FILL OUT A FORM PROVIDED AT THE PODIUM, AND TO TURN IT IN TO THE CITY CLERK PRIOR TO THE START OF THE MEETING. FAILURE TO FILL OUT SUCH A
FORM WILL PROHIBIT YOU FROM ADDRESSING THE COUNCIL IN THE ABSENCE OF THE UNANIMOUS CONSENT OF THE COUNCIL.
AGENDA
City Council Special Meeting
TO BE HELD ON
August
7, 2024
COUNCIL CHAMBERS - 11350 BULLIS ROAD. LYNWOOD, CA 90262 Duly Posted on 8/6/24 By MQ
6:00 PM
Jose Luis Solache, Mayor
Rita Soto, Mayor Pro Tem
Gabriela Camacho, Council Member
Oscar Flores, Council Member
Juan Munoz-Guevara, Council Member
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
City Council Special Meeting 1
6.1 NOVEMBER 5, 2024 MUNICIPAL GENERAL ELECTION - WIHTDRAWAL OF A
CITIZEN'S INITIATIVE FOR A FOR-PROFIT HOSPITAL GROSS RECEIPTS TAX
Comments:
Staff recommends that the City Council adopt the following resolution entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA WITHDRAWING A CITIZEN-SPONSORED INITIATIVE FROM THE NOVEMBER 5, 2024, BALLOT REGARDING THE IMPOSITION OF A GENERAL TAX ON THE GROSS
RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD AND RESCINDING THE FOLLOWING RESOLUTIONS:
(1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.092 ALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE
IMPOSITION OF A GENERAL TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD;
(2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.093 CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A 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 ELECTIONS CODE; AND
(3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.094 CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS AND REBUTTALS REGARDING A MEASURE FOR THE NOVEMBER 5, 2024, LYNWOOD MUNICIPAL ELECTION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.”
Recommendation:
Staff recommends that the City Council adopt the following resolution entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA WITHDRAWING A CITIZEN-SPONSORED INITIATIVE FROM THE NOVEMBER 5, 2024, BALLOT REGARDING THE IMPOSITION OF A GENERAL TAX ON THE GROSS
RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD AND RESCINDING THE FOLLOWING RESOLUTIONS:
(1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.092 ALIFORNIA, CALLING AND GIVING NOTICE OF THE City Council Special Meeting 2
7. CITY COUNCIL ORAL AND WRITTEN COMMUNICATION
8. STAFF ORAL COMMENTS
HOLDING OF A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE
IMPOSITION OF A GENERAL TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD;
(2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.093 CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A 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 ELECTIONS CODE; AND
(3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.094 CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS AND REBUTTALS REGARDING A MEASURE FOR THE NOVEMBER 5, 2024, LYNWOOD MUNICIPAL ELECTION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.”
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON AUGUST 20, 2024 AT 6:00 P.M. IN THE COUNCIL CHAMBERS OF THE CITY HALL ANNEX, 11350 BULLIS ROAD, CITY OF LYNWOOD, CALIFORNIA.
City Council Special Meeting 3
AGENDA STAFF REPORT
DATE:
August
7, 2024
TO:
Honorable Mayor and Members of the City Council
APPROVED BY:
Julian Lee, Interim City Manager
PREPARED BY:
Maria Quinonez, City Clerk
Nancy Blinzler, Office Assistant
SUBJECT:
NOVEMBER 5, 2024 MUNICIPAL GENERAL ELECTION - WIHTDRAWAL
OF A CITIZEN'S INITIATIVE FOR A FOR-PROFIT HOSPITAL GROSS
RECEIPTS TAX
Agenda Item # 6.1.
Recommendation:
Staff recommends that the City Council adopt the following resolution entitled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA WITHDRAWING A CITIZEN-SPONSORED INITIATIVE FROM THE NOVEMBER 5, 2024,
BALLOT REGARDING THE IMPOSITION OF A GENERAL TAX ON THE GROSS RECEIPTS
OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD AND RESCINDING THE FOLLOWING RESOLUTIONS:
(1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.092 ALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE
SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO THE IMPOSITION OF A
GENERAL TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING WITHIN THE CITY OF LYNWOOD;
(2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.093 CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF LOS ANGELES TO CONSOLIDATE A 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 ELECTIONS CODE; AND City Council City Council Special Meeting 4
(3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, RESOLUTION NO. 2024.094 CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND REBUTTALS REGARDING A MEASURE FOR THE NOVEMBER 5, 2024,
LYNWOOD MUNICIPAL ELECTION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.”
Background:
On May 6, 2024, the City of Lynwood received a petition for a citizen’s initiative for a For-Profit Hospital Gross Receipts Tax Initiative. The petitions were circulated between February 15, 2024, and April 25, 2024.
On June 5, 2024, the Los Angeles County Registrar/County Clerk completed the signature verification submitted by the proponents for an initiative measure. The City Clerk was informed that a total of 5,316 signatures were gathered by proponents and 3,875 signatures were found to be sufficient meeting the required number to place an initiative on the ballot in accordance with California Elections Code section 9215.
On July 16, 2024, the City Council adopted resolutions (1) Calling for and Giving Notice of the Election Relating the Imposition of a General Tax on the Gross Receipts of For-Profit Hospitals (2) Requesting the Board of Supervisors of the County of Los Angeles to Consolidate the November 5, 2024 Municipal Election with the Statewide General Election and (3) Setting Priorities for Filing Written Arguments, Rebuttals and Directing the City Attorney to Prepare an Impartial Analysis.
Discussion and Analysis:
On August 1, 2024, the proponents of the citizen’s initiative for a For-Profit Hospital Gross Receipts Tax Initiative filed a request with the City Clerk to withdraw the initiative ordinance from the ballot under California Elections Code section 9215.5 and California Elections Code section 9605.
The proponents’ request to withdraw the initiative ordinance from the ballot initiative is consistent with the withdrawal procedures of the California Elections Code. Given the Notice of Withdrawal filed by proponents (1) the resolutions previously adopted by City Council must City Council City Council Special Meeting 5
Resolution - Withdrawal of Citizen-Sponsored Hospital Initiative - JL v2 MQ.docx be rescinded; (2) a resolution withdrawing the initiative ordinance from the ballot must be approved by the City Council and (3) the resolution withdrawing the initiative ordinance previously submitted for placement on the ballot must the submitted to the Los Angeles County Registrar/County Clerk’s Office.
Fiscal Impact:
There is no fiscal impact associated with withdrawing the initiative ordinance from the ballot under California Elections Code section 9215.5 and California Elections Code section 9605.
Coordinated With:
City Manager’s Office
City Attorney’s Office
ATTACHMENTS:
Description
City Council City Council Special Meeting 6
RESOLUTION NO._____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, WITHDRAWING A CITIZEN-SPONSORED INITIATIVE FROM THE NOVEMBER 5, 2024, BALLOT REGARDING THE IMPOSITION OF A GENERAL
TAX ON THE GROSS RECEIPTS OF FOR-PROFIT HOSPITALS OPERATING
WITHIN THE CITY OF LYNWOOD AND RESCINDING THE RESOLUTIONS
CALLING FOR AND GIVING NOTICE OF THE ELECTION RELATING TO THE
IMPOSITION OF A GENERAL TAX ON THE GROSS RECEIPTS OF FOR-PROFIT
HOSPITALS, THE RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE NOVEMBER 5, 2024
MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION AND THE
RESOLUTION SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND
REBUTTALS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, on May 6, 2024, the City of Lynwood received a petition for a citizen’s initiative for a For-Profit Hospital Gross Receipts Tax Initiative; and WHEREAS, the petitions were circulated between February 15, 2024, and April 25, 2024; and
WHEREAS, on June 5, 2024, the Los Angeles County Registrar/County Clerk completed the signature verification submitted on May 10, 2024, by proponents for an initiative measure entitled: City of Lynwood For-Profit Hospital Gross Receipts Tax Ordinance; and
WHEREAS, on June 5, 2024, the Los Angeles County Registrar/County Clerk informed the City Clerk that the signature verification for the petition submitted to their office was completed; and
WHEREAS, the City Clerk was informed that a total of 5,316 signatures were gathered by proponents and 3,875 signatures were found to be sufficient meeting the required number to place an initiative on the ballot in accordance with California Elections Code section 9215; and
WHEREAS, on July 16, 2024, the City Council adopted a resolution Calling for and Giving Notice of a Municipal Election to be held on Tuesday, November 5, 2024, for the submission to voters the question of the imposition of a general tax on the gross receipts of for-profit hospitals operating within the City of Lynwood; and WHEREAS, on July 16, 2024, the City Council adopted a resolution requesting the Board of Supervisors to Consolidate the Municipal Election to be held on November 5, 2024, with the Statewide General Election; and
7 WHEREAS, on July 16, 2024, the City Council adopted a resolution setting priorities for filing written arguments and rebuttals regarding a measure for the November 5, 2024, Municipal Election and directing the City Attorney to prepare an impartial analysis; and
WHEREAS, on August 1, 2024, the proponents of the citizen’s initiative for a For- Profit Hospital Gross Receipts Tax Initiative filed a request with the City Clerk to withdraw the initiative ordinance from the ballot under California Elections Code section 9215.5 and California Elections Code section 9605; and
WHEREAS, the proponents’ request to withdraw the initiative ordinance from the ballot initiative is consistent with the withdrawal procedures of the California Elections Code; and
WHEREAS, the City Council desires to rescind all resolutions approved on July 16, 2024.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. The City Council of the City of Lynwood hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City Council hereby approves the proponents’ request to withdraw the initiative ordinance described above from the November 5, 2024, ballot.
Section 3. The City Council hereby rescinds all resolutions approved on July 16, 2024.
Section 4. The Mayor is authorized to execute this Resolution for and on behalf of the City of Lynwood.
Section 5. The City Clerk is authorized and directed to take all actions necessary to withdraw the initiative ordinance from the November 5, 2024, ballot.
I hereby certify that the foregoing Resolution was adopted by the Council of the City of Lynwood at its meeting held on August 7, 2024.
8