December 7, 2022 City Council Regular Meeting
Agenda Item No. 2C
ADOPTING A RESOLUTION CERTIFYING THE RESULTS OF THE
NOVEMBER 8, 2022 GENERAL AND SPECIAL MUNICIPAL ELECTIONS City Council Staff Report
DATE: December 7, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Vincent D. Chang, City Clerk
SUBJECT: Adopting a Resolution Certifying the Results of the November 8, 2022 General and Special Municipal Elections.
RECOMMENDATION:
It is recommended that the City Council consider:
(1) Adopting a resolution certifying the results of the November 8, 2022 General and Special Municipal Elections;
(2) Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The City held the General and Special Municipal Elections on November 8, 2022. Three individuals were elected to the City Council from Districts 1 and 5 for a term of four years; from District 3 for a term of two years; a City Clerk and a City Treasurer for a term of four years. Additionally, voters considere d a ballot proposition, Measure MP , regarding a general tax. The election was consolidated with the Statewide General Election.
BACKGROUND:
On June 1, 2022, the City Council called for the General and Special Municipal Elections to be held on November 8, 2022 to elect three individuals to the City Council from Districts 1, 3, and 5, a City Clerk and a City Treasurer. Additionally, on July 20, 2022, one proposition was placed on the ballot: Measure MP to approve a general tax. The ballot proposition requires a majority vote for passage.
Following election results, Thomas Wong was elected to the City Council, District 1; Jose Sanchez was elected to the City Council, District 3; Vinh Ngo was elected to the City Council, District 5; Maychelle Yee was elected as City Clerk; and Amy Lee was elected as City Treasurer. Measure MP was adopted by majority of the votes.
Following adoption of this resolution certifying the results of the City of Monterey Park General Municipal Election, the City Clerk will administer the Oath of Office and present a certificate of election to the elected office holders as required by the California Election Code. Immediately after, the council members may assume their elected office.
Consent Calendar - 2C
Staff Report
December 7, 2022
FISCAL IMPACT:
$
211,200 is budgeted from the General Fund in the Fiscal Year 2022-2023 budget for expenditures associated with the November 8, 2022 general and special municipal elections.
Respectfully submitted by: Prepared by:
Vincent D. Chang
City Clerk
Cindy H. Trang
Deputy City Clerk
Reviewed by:
Inez Alvarez
Assistant City Manager
Reviewed by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
Attachments:
1. Draft Resolution
2. Measure MP - Ordinance No. 2225
Staff Report
December 7, 2022
ATTACHMENT 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION DECLARING THE RESULTS OF THE GENERAL AND
SPECIAL MUNICIPAL ELECTIONS HELD NOVEMBER 8, 2022.
The City Council of the city of Monterey Park does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. General and Special Municipal Elections were held in the City of Monterey Park on Tuesday, November 8, 2022, as required by law;
B. Notice of these elections were given in the manner provided by law;
C. Pursuant to Elections Code § 10262(b), the City Clerk (as the City’s Election Official) certified the results of the General Municipal Election as set forth in attached Exhibit “A,” which is incorporated by reference.
D. This Resolution is adopted in accordance with Elections Code § 10263.
SECTION 2: Citywide, the whole number of ballots cast at the precincts, except vote-by- mail ballots and provisional ballots, was 2,087. The number of vote-by-mail ballots and provisional ballots cast in the City was 10,693, making a total of 12,780 ballots cast in the City.
A. For District 1, the whole number of ballots cast at the precincts, except vote- by-mail ballots and provisional ballots, was 394. The number of vote- by- mail ballots and provisional ballots cast in District 1 was 2,205, making a total of 2,599 ballots cast in District 1.
B. For District 3, the whole number of ballots cast at the precincts, except vote- by-mail ballots and provisional ballots, was 503. The number of vote- by- mail ballots and provisional ballots cast in District 3 was 2,193, making a total of 2,696 ballots cast in District 3.
C. For District 5, the whole number of ballots cast at the precincts, except vote- by-mail ballots and provisional ballots, was 448. The number of vote- by- mail ballots and provisional ballots cast in District 5 was 2,242, making a total of 2,690 ballots cast in District 5.
SECTION 3: The names of persons voted for at the election for Members of the City Council are as follows:
District 1
Jason Dhing
Thomas Wong
Resolution No.
District 3
Jose Sanchez
Tammy C. Wong
District 5
Joe Ray Avila
Delario M. Robinson
Teresa Real Sebastian
Vinh T. Ngo
City Clerk
Hans Liang
Maychelle Yee
City Treasurer
Amy Lee
Vincent Dionicio Chang
SECTION 4: That the measure voted upon at the election is as follows:
Measure MP: “ Shall an ordinance maintaining Monterey
Park’s long term financial stability and locally controlled services such as 9 -1-1 emergency/safety response;
conducting neighborhood/park police patrols; helping prevent thefts/property crimes; protecting local drinking water; preparing for drought; retaining/attracting local
businesses/jobs; repairing streets/potholes; addressing homelessness; and allowing other government use by
establishing a ¾¢ transactions and use (sales) tax until ended by voters, generating approximately $6,000,000 annually, with audits/public spending disclosure, be adopted?”
SECTION 5: In accordance with Election Code § 10262(b), the City Clerk certified the results to the City Council. The number of votes given at each precinct and the number of votes given in the City to each of the persons named above for the respective offices for which the persons were candidates and the ballot measure are as listed in attached Exhibit “A.”
SECTION 6: The City Council declares and determines that Thomas Wong was elected as Member of the City Council, District 1 , for the full term of four years; Jose Sanchez was elected as Member of the City Council, District 3, for a partial term of two years; Vinh T. Ngo was elected as Member of the City Council, District 5, for the full term of four years; Maychelle Yee was elected as City Clerk, for the full term of four years; and Amy Lee was elected as City Treasurer, for the full term of four years.
Resolution No.
SECTION 7: Measure MP received the majority vote required for ad option.
Consequently, Measure MP is adopted.
SECTION 8: T he City Clerk is directed to enter in the City’s records a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) the names of the persons voted for; (3 ) the measure voted upon; (4 ) the number of votes given at each precinct to each person and the number of votes given for and against the measure; and (5) the total number of votes given to each person and the total number of votes given for or against the measure.
SECTION 9: T
he City Clerk will immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; the City Clerk will also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and will have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected will then be inducted into the respective office to which they have been elected.
SECTION 10: T
his Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 11: T
he City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
SECTION 12: T
his Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 7
th day of December, 2022.
_______________________________
Henry Lo, Mayor
ATTEST:
____________________________
Vincent D. Chang, City Clerk
Approved as to form:
____________________________
Karl H. Berger, City Attorney
Resolution No.
State of California )
County of Los Angeles ) ss.
City of Monterey Park )
I, Vincent D. Chang, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Monterey Park at a special meeting held on the 7th day of December, 2022, by the following vote:
Ayes: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members:
Dated this 7
th day of December, 2022.
Vincent D. Chang, City Clerk
Monterey Park, California
Resolution No.
Exhibit “A”
Pride in the Past • Faith in the Future
CITY OF MONTEREY PARK
320 West Newmark Avenue • Monterey Park • California 91754-2896 www.montereypark.ca.gov
City Council
Peter Chan
Hans Liang
Henry Lo
Yvonne Yiu
City Clerk
Vincent D. Chang
City Treasurer
Joseph Leon
CERTIFICATION OF ELECTION RESULTS
DECLARATION OF ELECTION OFFICIAL
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §.
CITY OF MONTEREY PARK )
I, Vincent D. Chang, City Clerk of the City of Monterey Park, California, do certify that the attached Certificate of the Canvass of the Election Returns of the Los Angeles Country Registrar-Recorder/County Clerk is a true and correct canvass of the Votes Cast for the Members of the City Council, Districts 1, 3, and 5; the City Clerk; the City Treasurer; and for and against Measure MP, for the City of Monterey Park General and Special Municipal Elections held on November 8, 2022.
IN WITNESS HEREOF, I have hereunto set my hand and affixed the seal of the City of Monterey Park, California, this 7
th day of December, 2022.
_______________________________
Vincent D. Chang, City Clerk
City of Monterey Park, California
Staff Report
December 7, 2022
ATTACHMENT 1
Measure MP - Ordinance No. 2225
ORDINANCE NO. 2225 AN ORDINANCE MAINTAINING MONTEREY PARK’S LONG TERM FINANCIAL STABILITY AND LOCALLY CONTROLLED SERVICES SUCH AS 9-1-1 EMERGENCY/SAFETY RESPONSE; CONDUCTING NEIGHBORHOOD/PARK POLICE PATROLS; HELPING PREVENT THEFTS/PROPERTY CRIMES; PROTECTING LOCAL DRINKING WATER; PREPARING FOR DROUGHT; RETAINING/ATTRACTING LOCAL BUSINESSES/JOBS; REPAIRING STREETS/POTHOLES; ADDRESSING HOMELESSNESS; AND ALLOWING FOR OTHER GOVERNMENT USE BY ESTABLISHING A ¾¢ TRANSACTIONS AND USE (SALES) TAX UNTIL ENDED BY VOTERS, GENERATING APPROXIMATELY $6,000,000 ANNUALLY, WITH AUDITS/PUBLIC SPENDING DISCLOSURE. THE PEOPLE OF THE CITY OF MONTEREY PARK DO ORDAIN AS FOLLOWS: SECTION 1: A new Chapter 3.30 is added to Title 3 of the Monterey Park Municipal Code (“MPMC”) to read as follows: “Chapter 3.30. Transactions and Use Tax 3.30.010. TITLE. This Chapter is entitled the “Monterey Park Transactions and Use Tax.” The term “City,” as used within this Chapter, is the City of Monterey Park. This Chapter is applicable in the incorporated territory of the City. 3.30.020. OPERATIVE DATE. “Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Chapter, the date of such adoption being as set forth below. 3.30.030. PURPOSE. This Chapter is adopted to achieve the following, among other purposes, and directs that its provisions be interpreted to accomplish those purposes: A. To impose a retail transaction 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 of the Revenue and Taxation Code which authorizes the City to adopt this Chapter which becomes operative if a majority of the electors voting on the ballot measure approving the Chapter vote to approve the imposition of the tax at an election called for that purpose. B. To adopt retail transactions and use tax regulations 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 retail transactions and use tax regulations that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and Ordinance No. 2225 Page 2 of 9 administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transaction 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. 3.30.040. EXPENDITURES. A. The Monterey Park Transactions and Use Tax is imposed to provide funds for the City to pay for general municipal services. B. The City Council may provide for collection of the general tax in the same manner and subject to the same penalties as, or with, other charges and taxes fixed and collected by the City, or by the County of Los Angeles on behalf of the City. lf the general tax is collected by the County on behalf of the City, the County may deduct its reasonable costs incurred in such service. C. The City's cost of enforcing and administering this chapter, including refunds, can be paid from the general tax revenue. 3.30.050. CONTRACT WITH STATE. Before the operative date, the City must contract with the State Board of Equalization to perform all functions incident to the administration and operation of this Chapter; provided, that if the City has not contracted with the State Board of Equalization before the operative date, it must nevertheless so contract and in such a case the operative date is the first day of the first calendar quarter following the execution of such a contract. 3.30.060. TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a transaction tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 0.75% 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 chapter. 3.30.070. 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 include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. ln 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 is determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.
Ordinance No. 2225 Page 3 of 9 3.30.080. USE TAX RATE. A use tax is 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 0.75% of the sales price of the property. The sales price includes delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 3.30.090. 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 adopted and made a part of this Chapter as though fully set forth. 3.30.100. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. ln 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 will be substituted. However, the substitution is not made when: 1. The word “State” is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, 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 State Board of Equalization, in performing the functions incident to the administration or operation of this Chapter. 3. ln 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. ln Sections 6701 ,6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
Ordinance No. 2225 Page 4 of 9 B. The word “City” is 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 of the Revenue and Taxation Code. 3.30.110. PERMIT NOT REQUIRED. lf a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit is not required by this Chapter. 3.30.120. EXEMPTIONS AND EXCLUSIONS A. There is 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 is 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 before the operative date of this ordinance.
Ordinance No. 2225 Page 5 of 9 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 before 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 is 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 Chapter, 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. lf the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into before the operative date of this ordinance. 4. lf 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 before 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 is 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 subsection (7), a retailer engaged in business in the City is not 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, Ordinance No. 2225 Page 6 of 9 without limitation, 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. 7. “A retailer engaged in business in the City” also includes 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 is 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 Chapter 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. 3.30.130. AMENDMENTS. All amendments subsequent to the effective date of this Chapter 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, automatically become a part of this Chapter, provided however, that no such amendment operates so as to affect the rate of tax imposed by this ordinance. 3.30.140. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process may 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. 3.30.150. SUSPENSION OR REDUCTION. Nothing in this Chapter requires the City Council to collect a tax; the city council may suspend or reduce tax rates imposed by this chapter by resolution after a public hearing. 3.30.160. CITY COUNCIL AUTHORITY TO AMEND. Except for amendments that would increase the tax rate, impose the tax on transactions and uses not previously subject to the tax, or be inconsistent with the purposes of this chapter, the City Council may exercise all applicable powers set forth in the Government Code including, without limitation, amending this chapter by ordinance upon three affirmative votes by its members. lt may, in addition, adopt by ordinance or resolution such additional regulations that may be necessary to implement the purposes of this chapter. 3.30.170 TERMINATION OF TAX. This Chapter will continue in effect unless repealed by voters at a duly called regular or special election.” Ordinance No. 2225 Page 7 of 9 SECTION 2: Environmental Analysis. This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§15000, et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “project” that requires environmental review (see specifically 14 Cal. Code Regs. § 15378(b)(4-5)). SECTION 3: Continuity. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 4: Severability. lf any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications, and, to this end, the provisions of this Ordinance are severable. SECTION 5: Validity of Previous Code Sections. lf this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the MPMC or other regulation by this Ordinance will be rendered void and cause such MPMC provision or other regulation to remain in full force and effect for all purposes SECTION 6: Voter Approval. This Ordinance will enact and impose a general tax. Accordingly, it will be submitted to a general election on November 8, 2022, for voter approval. lf A MAJORITY of voters vote in favor of this Ordinance, it will become valid and binding on the date that the City Council certifies the election results. Should the provisions of Government Code §§ 53720, et seq. or California Constitution Article XlllC be repealed or amended or interpreted by the courts so that voter approval is not required for enacting this Ordinance, then this Ordinance will take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances. SECTION 7: City Council Authority. Pursuant to Elections Code § 9217, the People authorize and direct the City Council to promptly take appropriate actions needed to implement this Proposition including, without limitation, adopting all regulations needed to effectuate this Proposition by ordinance. SECTION 8: Reconciliation with Competing Proposition. In the event another ballot measure (a “Competing Proposition”) appears on the same ballot as this Proposition that seeks to adopt, impose, or amend any limitations or restrictions, or other regulations or requirements, including, without limitation, those with respect to the actions authorized by this Proposition, that differ in any respect to or supplement, those contained in this Proposition, the People declare their intention that, if both the Competing Proposition and this Proposition receive a majority of votes cast, the Competing Proposition and this Proposition be fully adopted except to the extent that specific provisions contained in each Ordinance No. 2225 Page 8 of 9 measure are deemed to be in direct conflict with each other on a “provision by provision” basis pursuant to Yoshisato v. Superior Court (1992) 2 Cal. 4th 978. With respect to any such directly conflicting provisions, the specific provisions of the Proposition receiving the greater number of votes will prevail. SECTION 8: Miscellaneous. A. This Ordinance must be interpreted to be consistent with all federal and state laws, rules, and regulations. lf any section, sub-section, sentence, clause, phrase, part, or portion of this Ordinance is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Ordinance. The People declare that this Ordinance, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. lf any provision of this Ordinance is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Ordinance that can be given effect without the invalid application. B. lf any portion of this Ordinance is held by a court of competent jurisdiction to be invalid, we the People indicate our strong desire that: (i) the City Council use its best efforts to sustain and reenact that portion, and (ii) the City Council implement this Ordinance by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Ordinance, and then adopting or reenacting such portion as necessary or desirable to permit the planning and development of the Project. C. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. lt is the intent of the People that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 9: The Mayor will sign this Ordinance and the City Clerk will attest and certify to the passage and adoption of this Ordinance if a majority of the voters voting in the City's general election on November 8, 2022, approve the ordinance asking whether the voters approve this Ordinance. SECTION 10: Pursuant to Revenue and Taxation Code § 7265, this Ordinance will become operative on the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance. SECTION 11: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
Ordinance No. 2225
PASSED AND ADOPTED this 7th day of December, 2022.
____________________________
Henry Lo, Mayor
ATTEST:
____________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
APPROVED BY VOTES OF PEOPLE – NOVEMBER 8, 2024 GENERAL MUNICIPAL ELECTION MEASURE MP