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Davis-Bacon Prevailing Wages: A prevailing wage must be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. The prevailing wage is usually higher than competitive wages, raising the cost of housing production and rehabilitation activities. Davis -Bacon also adds to housing costs by requiring documentation of the prevailing wage compliance.
Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Affordable Housing Development Incentives
The City addresses the regional need for more affordable housing through support for the development of new housing units, to increase the supply of affordable housing in the City. For -profit and non-profit housing developers play an important role in providing affordable housing. The City provides financial assistance through participation in the HOME and CDBG programs and offers a variety of development incentives to encourage affordable housing development, such as:
• Implementing land use policy that encourages new housing development and affordable housing through density bonuses.
• Assisting in the development of new affordable housing units during the 2014 -2021 Housing Element through the provision of technical assistance.
• Exploring ways to expedite affordable housing developments through the Design Review Board process.
• Investigating and developing list of available incentives/concessions for affordable development within 3 years of adoption of the Housing Element.
• Exploring funding available through County of Los Angeles CDC, HCD, and HUD at the request of interested developers. Potential funding programs may include single - and multi-family housing rehabilitation programs and homeownership programs administered by HCD. • Evaluating and assessing residual property taxes distribution under the Redevelopment Dissolution Laws and consider setting aside a portion into an Affordable Housing Fund to assist in development of new units affordable to lower-income households. • Encouraging the development of adequate housing to meet the needs of extremely low- income households and persons with special needs (such as the elderly, victims of domestic violence, and the disabled).
• Facilitating housing opportunities for special needs persons by allowing emergency shelters as a permitted use in the Industrial Zone.
The responsible agency is the City’s Community Development Department, and the funding source will be
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the departmental budget.
Section 8 Rental Assistance
High cost of rental housing is a significant issue in Monterey Park, as in all Southern California. The City addresses this need through support for efforts to increase Section 8 Housing Choice Voucher funding.
There are no public housing units in the City. The Los Angeles County Development Authority (LACDA) provides rental unit assistance to City residents through the Federal Section 8 Voucher pro gram. The primary objective of this program is to assist low-income (0-50 percent of Median Income) individuals and households in making rents affordable. The following tables are based on the number of public housing and Section 8 Housing Choice Vouchers (HCV) offered by LACDA in their unincorporated areas and the cities in Los Angeles County that do not have their own Housing Authority. There is a total of 21,087 Vouchers provided to County residents of which 1,138 are assigned to the elderly, 184 to home less individuals, and 534 to disabled individuals. Specifically, Monterey Park annually receives approximately 432 housing vouchers. The largest percentage of Voucher recipients, outside of Whites, is African American individuals.
The Housing Choice Voucher Rental Assistance program extends rental subsidies to very low -income households, as well as elderly and disabled persons. The subsidy represents the difference between 30 percent of the monthly income and the allowable rent determined by the Housing Choice voucher program. The Housing Authority of the County of Los Angeles coordinates Housing Choice Voucher rental assistance on behalf of the City.
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AP-85 Other Actions – 91.220(k)
Introduction:
The City of Monterey Park will provide for a variety of actions that will take place during the next year to address obstacles to meeting underserved needs, foster and maintain affordable housing, evaluate and reduce the number of housing units containing lead-based paint hazards, reduce the number of poverty- level families, develop institutional structure, enhance coordination between public and private agencies.
This section discusses the City's underserved needs and institutional structure for delivering housing and community development activities.
Actions planned to address obstacles to meeting underserved needs Efforts to address obstacles to meeting underserved needs will include:
• The City will obtain data from the Housing Authority of the County of Los Angeles on the number of Section 8 households assisted by race, ethnicity, age, and disability status. The City will compare who is being served to the demographic characteristics of the community. In this way, the City will be able to estimate more precisely underserved populations. • The City will enco urage and support the efforts of the Housing Authority of the County of Los Angeles to seek additional Section 8 Housing Choice Vouchers. • The City will encourage and support the efforts of non- profit housing development corporations to seek funding from federal, state, and local sources for special needs housing.
Actions planned to foster and maintain affordable housing Monterey Park's annual CDBG and HOME entitlement allocations are limited. The City's HOME rehabilitation program assists with fostering and maintaining affordable housing to low - and moderate- income individuals and families with their housing needs. Another important element in the City’s approach to decent housing is the use of Section 8 Rental Vouchers administered through the County of Los Angeles Housing Authority.
Actions planned to reduce lead-based paint hazards
The City will increase lead-based paint (LBP) awareness and abatement in its assisted housing programs.
LBP awareness and abatement are key initiatives within the City’s Housing Element and CDBG/HOME programs. The City’s goal is to make certain that each tenant, landlord, and property owner is fully aware of the dangers, symptoms, and methods of testing, treatment, and prevention of LBP poisoning. The City will address the problem of LBP hazard by implementing the residential rehabilitation program for evaluating and reducing lead hazards during repair and renovation of older housing stock. All applicants eligible for services through the residential rehabilitation program rec eive the most updated version of the Environmental Protection Agency's (EPA) Protect Your Family from Lead in Your Home. When a
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property built before 1978 is approved for grant -funded repairs that may disturb lead -based paint, an inspection test is ordered . When containment and/or abatement are necessary, the homeowner is required to use a contractor certified in lead -safe work practices by the state of California. The City distributes information warning people about the need to maintain buildings, which may contain LBP, as well as other programs to encourage home maintenance, will further aid in mitigating LBP hazards in the City of Monterey Park. The City will adhere to Federal guidelines for reduction activities with LBP.
Actions planned to reduce the number of poverty-level families While the City has no control over many of the factors affecting poverty, it may be able to assist those living below the poverty line. The City supports other governmental, private, and non -profit agencies involved in providing services to low- and moderate-income residents and coordinates efforts with these groups where possible to allow for more efficient delivery of services.
During the Consolidated Plan period, the City will continue to implement its strategy to help impoverished families achieve economic independence and self-sufficiency. The City's anti- poverty strategy utilizes existing County job training and social service programs to increase employment marketability, household income, and housing options. As funds become available, the City will consider allocating CDBG funds to public service agencies that offer supportive services in the fight against poverty.
Improved employment opportunities are important in reducing the number of people living in poverty.
The City addresses this issue by increasing resident's employability through training and increasing the number of higher paying local jobs. The City will coordinate with Mexican American Opportunity Foundation, Management Career Solutions, West San Gabriel WorkSource, and Asian Youth Center, and Chinatown Service Center in conjunction with the Employment Development Department, East Los Angeles Community College, and the County of Los Angeles Community Development Commission. These agencies provide job search services such as workshops, computer classes, phones, fax, computers with internet access, job leads, newspapers, and a resource library for job seekers aged 18 and above. Similarly, employers use some of these agencies to recruit and advertise job open ings as well as for job fairs, bringing together top local companies and job seekers.
During the Consolidated Plan period, the City's Economic and Community Development Department will foster economic growth by encouraging economic development opportunities that result in:
1. A jobs/housing balance established through quality employment opportunities for residents;
2. An invigorated economic base through increased sales tax generation; and
3. Economic wealth by attracting external monies to the local economy.
As funding availability permits, the City will consider assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domestic violence, and households with
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abused children, in addition to other services The City will also continue coordinating with public agencies providing job training, life skills training, lead poisoning prevention and remediation, and o ther community education programs.
Actions planned to develop institutional structure
The City’s Finance Department is the key department involved in the 5-year Consolidated Plan and Annual Action Plan process. The Finance Department is responsible for administration of the CDBG and HOME programs, including the Annual Action Plan, CAPER, and program monitoring.
Additionally, the City will focus on:
• Strengthening the working relationship with the Housing Authority of the County of Los Angeles by providing input to and coordinating with that organization. Efforts to strengthen the institutional structure will involve review of the five -year and annual plans of the Housing Authority of the County of Los Angeles, encouraging the Authority to conduct outreach to local landlords, providing information to the Authority on the location of housing suitable for disabled persons, and other similar considerations.
• Developing a working alliance with private institutions such as local lenders and associations of Realtors. Local lenders may be a source of referrals for applicants to the Residential Rehabilitation Program. Local associations of Realtors may help the City to develop ways of increasing homeownership among all populations.
Actions planned to enhance coordination between public and private housing and social service agencies
The City has developed an inventory of public and private housing, health, and social services agencies.
The City regularly updates the inventory and maintains a point of contact for eac h agency. Additionally, the City will obtain the agency-specific 5-Year Consolidated and 1-Annual Action Plans and maintain these plans in a resource binder to facilitate coordination in future program years.
Discussion:
See discussion above.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:
CDBG Program - CDBG is an annual grant to cities to assist in the development of viable communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally to persons of low -and moderate-income. There is a wide range of activities that are eligible under CDBG Programs. CDBG grantees are responsible for ensuring that each eligible activity meets one of three national objectives:
4. Benefiting low- and moderate-income persons;
5. Aid in the prevention or elimination of slums or blight; and
6. Meet an urgent need that the grantee is unable to finance on its own.
The City is anticipating receiving approximately $576,795 in PY 2024-2025 CDBG funds. The City does not have program income.
HOME Program - HOME funds are awarded annually as formula grants to participating jurisdictions (PJs) The program's flexibility allows local governments to use HOME funds for grants, direct loans , loan guarantees or other forms of credit enhancement, rental assistance or security deposits. HOME is designed to create affordable housing to low-income households. The program was designed to reinforce several important values and principles of community development.
The City is anticipating receiving approximately $278,235.33 in PY 2024-2025 HOME funds. The City does not have any program income available, has no repayments planned and does not have any recaptured funds in local account.
Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.
1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0
2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0
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3. The amount of surplus funds from urban renewal settlements 0
4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0
5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements
1. The amount of urgent need activities 0
2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)
1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:
The City does not use HOME funds in any other manner than those described in Section 92.205.
2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:
In PY 2024-2025, the City does not plan to use HOME funds for homebuyer down payment assistance. However, some homebuyers that were assisted in prior years may decide to sell their homes during the upcoming program year. In that event, the City will enforce the resale and recapture guidelines.
3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:
Not applicable since the City will not implement any HOME assisted homebuyer activities.
4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:
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The City has no plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds.
APPENDIX A
2024-2025 ANNUAL ACTION PLAN
JULY 1, 2024 THROUGH JUNE 30, 2 025
Citizen Participation – To Be Inserted
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APPENDIX B
2024-2025 ANNUAL ACTION PLAN
JULY 1, 2024 THROUGH JUNE 30, 2 025
SF 424 Forms and Certifications – To Be Inserted
City Council Staff Report
DATE: July 17, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Ballot Propositions to amend the existing Monterey Park Business License Tax and Transient Occupancy Tax
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution placing a proposition on the November 5, 202 4, ballot which, if adopted by a majority of voters, would amend the City’s existing Business License Tax;
2. Adopting a Resolution placing a proposition on the November 5, 2024, ballot which, if adopted by a majority of voters, would increase the City’s existing Transient Occupancy Tax;
3. Determining whether to designate person(s) for filing an argument favoring each ballot proposition;
4. Adopting a Resolution requesting that the City Attorney prepare an impartial analysis for each ballot proposition;
5. Adopting a Resolution establishing requirements for ballot arguments;
6. Adopting a Resolution supporting ballot measures; and
7. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
This Staff Report reviews two separate propositions that may be placed onto the November 5, 2024 ballot. The City Council may choose to place both propositions onto the ballot; choose only one of the propositions; or take no action regarding the draft propositions. If the City Council places one or more of the tax propositions onto the ballot, voters may adopt such propositions with a simple majority. If adopted by voters, the propositions would constitute a general tax. Revenue generated from such taxes may be used for any municipal purpose. These propositions would not constitute a new tax.
Rather, they would amend existing taxes, i.e., those already imposed. Four affirmative votes are needed to place these propositions onto the ballot.
CEQA (California Environmental Quality Act):
These actions are 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 they establish rules and procedures to implement government funding mechanisms; do not involve any New Business - 5A
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July 17, 2024
commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitute an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, neither of the propositions constitute a “project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).
BACKGROUND:
Two draft ballot propositions are included for consideration with this Staff Report: (1) a proposition to amend the existing Business License Tax (codified at Monterey Park Municipal Code (“MPMC”) Chapter 5.04); and (2) a proposition to amend the existing Transient Occupancy Tax (codified at MPMC Chapter 3.26).
Business License Tax
Like many cities, the City of Monterey Park imposes a local business tax to pay for municipal services within the community. The City uses these revenues for City services such as police patrol, fire suppression, park and recreation and maintenance services, library services and senior programs. The business license tax is not regulatory; it is for revenue generation only.
The Monterey Park Municipal Code (“MPMC”) requires that any person (which includes businesses) owning or transacting business in the City must obtain a license, regardless of where the business is physically located. This business license tax currently generates approximately $800,000 annually for the City's General Fund. Monterey Park’s business license tax rate has not been evaluated since 1989.
An analysis of the City’s current fee structure suggests the fee is regressive, meaning that smaller businesses are paying proportionally more taxes than medium to large businesses. This is because Monterey Park's current business tax is predominately a flat dollar amount rather than based on a percent of gross receipts. There is no income threshold or transaction quantities that must be reached for a tax to be paid.
There are approximately 4,700 businesses within the City, of which approximately 3,243 are considered a “small business,” i.e., those with gross receipts of $500,000 or less. With the City’s current tax structure, most of the revenue generated (approximately 87%) is collected from small businesses. The proposed measure would reduce this percentage from 87% to 60%, i.e., the proposed tax reform would reduce the overall tax burden on small businesses by nearly one-third. If it is approved by voters, the proposed ballot measure would generate an additional annual estimated amount of $400,000 in business license tax for a total estimated amount of $1.2 million annually.
Transient Occupancy Tax (“TOT”)
It is common for cities to charge a tax on persons staying overnight in hotels, also known as a transient occupancy tax or TOT. Tax rates charged vary. In California, the mean TOT rate is 9.7% and the median rate (as if November of 2020) is 10% (source:
Californiacityfinance.com) In the San Gabriel Valley area, the average TOT is
Staff Report
July 17, 2024
approximately 11.82%. The City’s TOT rate is currently set at 12%. It is estimated to generate $3.5 million in fiscal year 2024-2025.
The City Council’s Strategic Plan seeks to increase revenues to help enhance and establish a more predictable revenue structure for the City. Staff estimates that each 1% increase in the TOT will generate approximately $500,000.
The City is proposing a measure that would increase the transient occupancy tax rate by 1% from 12% to 13%. Note, however, that the City Council may choose to increase this percentage to something greater than 13%.
General Tax Propositions
The proposed taxes are general taxes, meaning that revenue derived from the tax can be used for any municipal purpose. With certain exceptions, a general tax can only be considered during a general municipal election. As a general tax, four Council Members’ votes are needed to pass the resolution and place the tax measure on the ballot. To become effective, the tax would require a simple majority of voters to approve it.
The City Council has the authority to place a measure on the ballot up until 88 days before the election (Elections Code § 9222). Pursuant to Elections Code § 9280, the City Council has the discretion to direct the City Clerk to transmit the measure to the City Attorney, and per that same section the City Attorney may be directed to prepare impartial analyses of the measure for inclusion in the Sample Ballot and Voters Information Pamphlet.
Election Code Overview
The City Council also has the discretion of authorizing its membership, by majority vote, to file written argument(s) regarding the measure and to adopt provisions to provide for the filing of rebuttal arguments.
The following persons may write an argument, not exceeding 300 words, for or against the measure:
1. The City Council;
2. Councilmembers authorized by the City Council;
3. Voters eligible to vote on the measure (i.e., a registered voter in the city);
4. A bona fide citizens' association; or
5. Any combination of voters and associations.
An argument cannot be accepted unless it is accompanied by the name(s) of the person(s) submitting it. If an organization submits an argument, it must include the organization's name and the name of at least one principal officer. Only the first five signatures appearing with an argument will be printed on the sample ballot.
The City Clerk must select a reasonable deadline for submitting arguments, taking into account that voters must be allowed to examine the elections material for at least 10 calendar days before printing.
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July 17, 2024
When submitted, one argument for the measure and one argument against the measure must be printed on the sample ballot. If there is more than one argument submitted, the City Clerk must select from among them. The City Clerk must give preference and priority to arguments in the following order:
1. The City Council, or Councilmembers authorized by the City Council.
2. A bona fide association of citizens.
3. Individual voters eligible to vote on the measure.
If the City Council adopts the provisions in Elections Code § 9285(a) by majority vote before the election, rebuttal arguments may be included on the sample ballot. If the Council adopts provisions of that section, the following rules apply:
• The City Clerk must send copies of the argument supporting the measure to opponents of the measure, and must send copies of the argument against the measure to measure proponents. Each side is then entitled to submit a rebuttal argument, not exceeding 250 words.
• Rebuttal arguments must be submitted within 10 days after the deadline for filing direct arguments. Each rebuttal argument must be printed immediately following the direct argument it seeks to rebut.
Proposed Timeline and Los Angeles County Election Deadlines
If the City Council places propositions on the November 5, 2024 ballot, the following timeline would apply:
July 17, 2024 Approve adding measure to the November 5, 2024, ballot
July 18, 2024 Last day to publish/post Notice of Deadline for Filing Arguments
July 31, 2024 Last day to file Arguments and City Attorney's Impartial Analyses
August 9, 2024
Last day to file a resolution with Board of Supervisors and County elections official requesting consolidation for a ballot measure
August 12, 2024 10-calendar-day public examination period; last day to file rebuttal arguments
August 14, 2024
Last day to file a resolution with the County elections official and the Board of Supervisors to amend/withdraw a measure previously submitted for placement on the
ballot
Staff Report
July 17, 2024
August 22, 2024 10-calendar-day public examination period November 5, 2024 Election Day
FISCAL IMPACT:
Were voters to approve both proposed measures, the City would increase annual overall general tax revenues by approximately $900,000.
Respectfully submitted by:
Martha Garcia
Finance Director
Approved by: Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Draft Resolution placing business license tax proposition on the November 5, 2024, ballot
2. Draft Resolution requesting an impartial analysis for business license tax
3. Draft Resolution placing transient occupancy tax proposition on the November 5, 2024, ballot
4. Draft Resolution requesting an impartial analysis for transient occupancy tax
5. Draft Resolution establishing regulations for ballot arguments for business license tax and transient occupancy tax
6. Draft Resolution supporting both measures
Diana Garcia for
Staff Report
July 17, 2024
ATTACHMENT 1
Draft Resolution placing business license tax
proposition on the November 5, 2024, ballot
RESOLUTION NO. __
A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO ADD A BALLOT PROPOSITION
TO THE PREVIOUSLY CONSOLIDATED GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS
CODE § 10403
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds as follows:
A. The City Council called a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of electing council members; and requested consent from the Board of Supervisors of the County of Los Angeles to consolidate such election to be held with the General Election on that same date.
B. The City Council now desires to add a ballot proposition to the previously called and consolidated General Municipal Election to be held on November 5, 2024.
SECTION 2. Pursuant to the requirements of Elections Code § 10403, the Board of Supervisors of the County of Los Angeles is requested to consent and agree to the consolidation of a proposition on the ballot for the General Municipal Election consolidated with the General Election on Tuesday, November 5, 2024.
SECTION 3. Pursuant to Elections Code §§ 9222 and 13119, the exact form of the question to be voted on at the election as it should appear on the ballot is as follows:
Shall an ordinance, without increasing taxes on residents, updating/simplifying City of Monterey Park’s 35 -year-old business license tax rates, ensuring fairness to all businesses and helping fund general city services, including keeping public/business areas safe/clean; preventing crime/thefts; strengthening the local economy; by revising the tax rate to 0.0075 per $1,000 of gross receipts ($75 yearly minimum tax), generating approximately $1,200,000 annually until ended by voters, requiring spending disclosure, funds locally controlled, be adopted?
YES
NO
City of Monterey Park
Resolution No. ____
SECTION 4. The complete text of the proposed ballot measure to be submitted to the voters is attached as Exhibit A, Full Text of the Ballot Measure.
SECTION 5. The vote requirement for the proposed ballot measure to pass is a majority (50% + 1) of the votes cast.
SECTION 6. The County election department is authorized to canvass the returns of the General Municipal Election. The election will be held in all respects as if there were only one election and only one form of ballot may be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.
SECTION 7. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 8. The City of Monterey Park recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 9. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the County election department of the County of Los Angeles.
SECTION 10. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 11. Electronic Signatures. This 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 12. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Monterey Park, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 13. This Resolution will become effective immediately upon adoption.
///
///
///
City of Monterey Park
Resolution No. ___
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK ON THIS XX DAY OF JULY, 2024.
Thomas Wong, Mayor
ATTEST:
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Attachment:
Exhibit A – Full Text of the Ballot Measure
EXHIBIT A
FULL TEXT OF THE BALLOT MEASURE
July 10, 2024
ORDINANCE NO. ______
AN ORDINANCE, WITHOUT INCREASING TAXES ON RESIDENTS,
UPDATING/SIMPLIFYING CITY OF MONTEREY PARK’S 35-YEAR-OLD
BUSINESS LICENSE TAX RATES, ENSURING FAIRNESS TO ALL
BUSINESSES AND HELPING FUND GENERAL CITY SERVICES, INCLUDING KEEPING PUBLIC/BUSINESS AREAS SAFE/CLEAN; PREVENTING
CRIME/THEFTS; STRENGTHENING THE LOCAL ECONOMY; BY REVISING THE TAX RATE TO 0.0075 PER $1,000 OF GROSS RECEIPTS ($75 YEARLY MINIMUM TAX), GENERATING APPROXIMATELY $1,200,000 ANNUALLY
UNTIL ENDED BY VOTERS, REQUIRING SPENDING DISCLOSURE, FUNDS
LOCALLY CONTROLLED
The People of the City of Monterey Park do hereby ordain as follows:
SECTION 1. Monterey Park Municipal Code (“MPMC”) § 5.12.200 is amended to read as follows:
“§ 5.12.200. Fees levied—Businesses, trades and professions.
A. All persons engaged in or carrying on any profession, trade, calling, occupation or business in or into the city as classified in Section 5.12.110, 5.12.120, 5.12.130, 5.12.140,
5.12.150, 5.12.160 and 5.12.190, unless specifically provided otherwise in this chapter, must procure a business license and pay an annual fee as follows:
Categories
Base Rate for Gross
Receipts
of $500,000 or less
Additional Rate for each $1,000,
or portion thereof, of Gross
Receipts
in excess of $500,000
Professional
$75.00
$0.75
Retailers
Wholesalers
Manufacturers
Service
Contractors
Businesses not
otherwise classified
B. The term “gross receipts,” as used in this section has the same meaning as set forth in Section 5.12.045 of this Title.”
SECTION 2. MPMC § 5.12.210 is amended in its entirety to read as follows:
Ҥ 5.12.210. Contractors.
A. Any contractor applying for a business license must certify to the license collector the appropriate subclassification in which such contractor is to be classified.
July 10, 2024
B. Every general contractor must require all subcontractors for the performance of any work on each project in the city under its control or direction, whether the subcontract is written or oral, to have a business license as herein provided for the year or years in which such subcontractor's work is to be done at the time such subcontract is made and before permitting such subcontractor to begin to perform services on any project of said general contractor. Failure of such general contractor to comply with the foregoing provisions of thi s subsection renders such general contractor liable to the city for an additional license fee equal to the amount of such subcontractor's unpaid license fee, plus any penalties for delinquency accruing thereon.
C. Each general contractor must furnish the building division with a list of all subcontractors who are to do work on any project of such general contractor in the city upon forms furnished by the city.”
SECTION 3: 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 CCR § 15378(b)(4-5)).
SECTION 4: Interpretation. This Ordinance must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If 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 voters 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. If 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.
SECTION 5: Severability. If any portion of this Ordinance is held by a court of competent jurisdiction to be invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances will not be affected thereby. 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 allow imposition of the tax.
SECTION 6: Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the intent of the voters that the
July 10, 2024
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 7: 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 8: Voter Approval. This Ordinance will enact and impose a general tax. Accordingly, it will be submitted to a general election on November 5, 2024, 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 9: 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 Ordinance including, without limitation, adopting all regulations needed to effectuate this Ordinance by ordinance.
SECTION 10: Reconciliation with Competing Ordinance. In the event another ballot measure (a “Competing Ordinance”) appears on the same ballot as this Ordinance 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 Ordinance, that differ in any respect to or supplement, those contained in this Ordinance, the People declare their intention that, if both the Competing Ordinance and this Ordinance receive a majority of votes cast, the Competing Ordinance and this Ordinance be fully adopted except to the extent that specific provisions contained in each 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 Ordinance receiving the greater number of votes will prevail.
SECTION 11: Miscellaneous.
A. 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.
July 10, 2024
B. 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 12: 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 5, 2024, approve it.
SECTION 13: 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.
PASSED AND ADOPTED this ___ day of December, 2024.
____________________________
Thomas Wong, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
Staff Report
July 17, 2024
ATTACHMENT 2
Draft Resolution requesting an
impartial analysis for business license tax
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF THE PROPOSITION AUTHORIZING AMENDMENT OF BUSINESS
LICENSE TAX TO FUND GENERAL MUNICIPAL SERVICES
The City Council of the city of Monterey Park resolves as follows:
SECTION 1. Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot proposition amending a business license tax to fund General Municipal Services to the City Attorney for an impartial analysis.
SECTION 2. Upon receiving the ballot measure, the City Attorney is directed to prepare an impartial analysis of the proposed ballot measure showing its effect, if any, on existing law and the operation of the measure. Such analysis must not be more than 500 words.
SECTION 3. The impartial analysis must include a statement indicating whether the proposed measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City.
SECTION 4. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there must be printed immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed: “The above statement is an impartial analysis of the proposed ballot measure (Resolution No. XXX). If you desire a copy of the legislation affected by this measure, please call the City Clerk’s office at (626) 307-1359, and a copy will be mailed at no cost to you.”
SECTION 5. The impartial analysis of the proposed ballot measure must be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 6. Pursuant to 52 U.S.C.A. § 10503, the City Clerk will:
A. Translate the City Attorney’s analysis in accordance with regulations set forth by the Los Angeles County Registrar Recorder's office; and
B. Make copies of the translations of the City Attorney’s analysis publicly available.
SECTION 7. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 8: Electronic Signatures. This 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.
Resolution Report
July 17, 2024
SECTION 9: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 10: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 17 th day of July 2024.
____________________________
Thomas Wong, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
Staff Report
July 17, 2024
ATTACHMENT 3
Draft Resolution placing transient occupancy tax
proposition on the November 5, 2024, ballot
RESOLUTION NO. __
A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO ADD A BALLOT PROPOSITION
TO THE PREVIOUSLY CONSOLIDATED GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS
CODE § 10403
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1. The City Council finds as follows:
A. The City Council called a General Municipal Election to be held on Tuesday, November 5, 2024, for the purpose of electing council members; and requested consent from the Board of Supervisors of the County of Los Angeles to consolidate such election to be held with the General Election on that same date.
B. The City Council now desires to add a ballot proposition to the previously called and consolidated General Municipal Election to be held on November 5, 2024.
SECTION 2. Pursuant to the requirements of Elections Code § 10403, the Board of Supervisors of the County of Los Angeles is requested to consent and agree to the consolidation of a proposition on the ballot for the General Municipal Election consolidated with the General Election on Tuesday, November 5, 2024.
SECTION 3. Pursuant to Elections Code §§ 9222 and 13119, the exact form of the question to be voted on at the election as it should appear on the ballot is as follows:
Shall the ordinance providing funding for City of Monterey Park’s general services such as maintaining 911 emergency response and fire protection; increasing neighborhood police patrols; maintaining parks; supporting youth, afterschool, and senior programs; repairing streets and potholes; by increasing the City of Monterey Park ’s transient occupancy tax, paid only by hotel/motel and short -term rental guests, from 12% to 13%, providing approximately $500,000 annually until ended by voters; requiring spending disclosure, funds locally controlled, be adopted?
YES
NO
City of Monterey Park
Resolution No. ____
SECTION 4. The complete text of the proposed ballot measure to be submitted to the voters is attached as Exhibit A, Full Text of the Ballot Measure.
SECTION 5. The vote requirement for the proposed ballot measure to pass is a majority (50% + 1) of the votes cast.
SECTION 6. The County election department is authorized to canvass the returns of the General Municipal Election. The election will be held in all respects as if there were only one election and only one form of ballot may be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election.
SECTION 7. The Board of Supervisors is requested to issue instructions to the County election department to take any and all steps necessary for the holding of the consolidated election.
SECTION 8. The City of Monterey Park recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 9. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors and the County election department of the County of Los Angeles.
SECTION 10. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 11. Electronic Signatures. This 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 12. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Monterey Park, and the City Clerk, or her duly appointed deputy, is directed to attest thereto.
SECTION 13. This Resolution will become effective immediately upon adoption.
///
///
///
City of Monterey Park
Resolution No. ___
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK ON THIS XX DAY OF JULY, 2024.
Thomas Wong, Mayor
ATTEST:
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Attachment:
Exhibit A – Full Text of the Ballot Measure
EXHIBIT A
FULL TEXT OF THE BALLOT MEASURE
July 10, 2024
ORDINANCE NO. ______
AN ORDINANCE PROVIDING FUNDING FOR CITY OF MONTEREY PARK’S GENERAL SERVICES SUCH AS MAINTAINING 911 EMERGENCY RESPONSE AND FIRE PROTECTION; INCREASING NEIGHBORHOOD POLICE
PATROLS; MAINTAINING PARKS; SUPPORTING YOUTH, AFTERSCHOOL, AND SENIOR PROGRAMS; REPAIRING STREETS AND POTHOLES; BY INCREASING THE CITY OF MONTEREY PARK’S TRANSIENT OCCUPANCY
TAX, PAID ONLY BY HOTEL/MOTEL AND SHORT-TERM RENTAL GUESTS, FROM 12% TO 13%, PROVIDING APPROXIMATELY $500,000 ANNUALLY UNTIL ENDED BY VOTERS; REQUIRING SPENDING DISCLOSURE, FUNDS
LOCALLY CONTROLLED
The People of the City of Monterey Park do hereby ordain as follows:
SECTION 1. Monterey Park Municipal Code (“MPMC”) § 3.26.020 is amended to read as follows:
Ҥ 3.26.020. Tax imposed.
For the privilege of occupancy in any hotel, each transient must pay a tax in the amount of 13% of the rent charged by the operator. Such tax is a debt owed by the transient to the city, which debt may be extinguished only by payment to the operator or to the city. The transient must pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax must be paid with each installment. The unpaid tax is du e upon the transient's ceasing to occupy space in the hotel. If for any reason the tax is not paid to the operator of the hotel, the license officer may require that such tax be paid directly to the license officer.”
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 CCR § 15378(b)(4-5)).
SECTION 3: Interpretation. This Ordinance must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If 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 voters
July 10, 2024
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. If 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.
SECTION 4: Severability. If any portion of this Ordinance is held by a court of competent jurisdiction to be invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances will not be affected thereby. 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 allow imposition of the tax.
SECTION 5: Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the intent of the voters 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 6: 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 7: Voter Approval. This Ordinance will enact and impose a general tax. Accordingly, it will be submitted to a general election on November 5, 2024, 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 8: 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 Ordinance including, without limitation, adopting all regulations needed to effectuate this Ordinance by ordinance.
SECTION 9: Reconciliation with Competing Ordinance. In the event another ballot measure (a “Competing Ordinance”) appears on the same ballot as this Ordinance 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 Ordinance, that differ in any respect to or supplement, those
July 10, 2024
contained in this Ordinance, the People declare their intention that, if both the Competing Ordinance and this Ordinance receive a majority of votes cast, the Competing Ordinance and this Ordinance be fully adopted except to the extent that specific provisions contained in each 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 Ordinance receiving the greater number of votes will prevail.
SECTION 10: Miscellaneous.
A. 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.
B. 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 11: 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 5, 2024, approve it.
SECTION 12: 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.
PASSED AND ADOPTED this ___ day of December, 2024.
____________________________
Thomas Wong, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
July 10, 2024
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
Staff Report
July 17, 2024
ATTACHMENT 4
Draft Resolution requesting an
impartial analysis for transient occupancy tax
RESOLUTION NO.
A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF THE PROPOSITION AUTHORIZING AMENDMENT OF THE
TRANSIENT OCCUPANCY TAX TO FUND GENERAL MUNICIPAL SERVICES
The City Council of the city of Monterey Park resolves as follows:
SECTION 1. Pursuant to Elections Code § 9280, the City Clerk is directed to transmit a copy of the ballot proposition amending a transient occupancy tax to fund General Municipal Services to the City Attorney for an impartial analysis.
SECTION 2. Upon receiving the ballot measure, the City Attorney is directed to prepare an impartial analysis of the proposed ballot measure showing its effect, if any, on existing law and the operation of the measure. Such analysis must not be more than 500 words.
SECTION 3. The impartial analysis must include a statement indicating whether the proposed measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the City.
SECTION 4. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there must be printed immediately below the impartial analysis, in not less than 10 point bold type, the City Clerk should have the following language printed: “The above statement is an impartial analysis of the proposed ballot measure (Resolution No. XXX). If you desire a copy of the legislation affected by this measure, please call the City Clerk’s office at (626) 307-1359, and a copy will be mailed at no cost to you.”
SECTION 5. The impartial analysis of the proposed ballot measure must be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 6. Pursuant to 52 U.S.C.A. § 10503, the City Clerk will:
A. Translate the City Attorney’s analysis in accordance with regulations set forth by the Los Angeles County Registrar Recorder's office; and
B. Make copies of the translations of the City Attorney’s analysis publicly available.
SECTION 7. The City Clerk will certify to the passage and adoption of this Resolution; enter the same in the book of original Resolutions; and make a minute of the passage and adoption thereof in the records of the proceedings of the City Council in the minutes of the meeting at which the same is passed and adopted.
SECTION 8: Electronic Signatures. This 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.
Resolution Report
July 17, 2024
SECTION 9: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 10: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 17 th day of July 2024.
____________________________
Thomas Wong, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
Staff Report
July 17, 2024
AT
TACHMENT 5
Draft Resolution establishing regulations for ballot
arguments for business license tax and transient
occupancy tax
RESOLUTION NO.
A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT
ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR THE GENERAL ELECTION ON NOVEMBER 5, 2024
The City Council of the city of Monterey Park resolves as follows:
SECTION 1: Pursuant to Elections Code § 9281, qualified voters may submit arguments for and against the ballot measures, in addition to rebuttal arguments, for the November 5, 2024, General Municipal Election on forms provided by the City Clerk.
SECTION 2: Arguments filed in accordance with this Resolution must comply with the following requirements in accordance with Elections Code §§ 9282, 9283, 9285, and 9286:
A. Arguments must be in writing and not exceed three hundred (300) words except for rebuttal argument which may not exceed two hundred and fifty (250) words;
B. Arguments may be submitted by the City Council; any councilmember authorized to submit an argument by the City Council; any individual voter eligible to vote on the measures; any bona fide association of citizens; or any combination of voters and associations;
C. Arguments must be typewritten in at least a 12-point font;
D. Arguments may not include underlining, italics, asterisks, or other, similar, type of formatting;
E. Arguments must be accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.
F. If more than five (5) signatures accompany an argument, only the first five (5) will be printed.
G. Arguments for or against the ballot measures must be received in the City Clerk’s office not later than 14 days after the City Council calls for an election.
Rebuttal arguments must be received not later than 10 days after the Arguments submittal deadline.
SECTION 3: Electronic Signatures. This 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.
Resolution Report
July 17, 2024
SECTION 4: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 5: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 17
th day of July, 2024.
____________________________
Thomas Wong, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney
Staff Report
July 17, 2024
ATTACHMENT 6
Draft Resolution supporting both measures
RESOLUTION NO.
A RESOLUTION OF THE MONTEREY PARK CITY COUNCIL SUPPORTING BALLOT PROPOSITIONS NEEDED TO MAINTAIN MONTEREY PARK’S LONG TERM
FINANCIAL STABILITY AND LOCALLY CONTROLLED SERVICES BY INCREASING TRANSIENT OCCUPANCY TAX TO 13% AND MODERNIZING THE BUSINESS
LICENSE TAX, RAISING A TOTAL ADDITIONAL APPROXIMATE AMOUNT OF $900,000 ANNUALLY TO THE GENERAL FUND.
The City Council of the city of Monterey Park resolves as follows:
SECTION 1: The City Council finds and declares as follows:
A. City conducted eight virtual and in-person Financial Forecast Meetings to provide information to the community regarding the importance of ensuring steady revenue to fund general municipal services including, without limitation; modernize infrastructure and facilities, enhance housing needs, streets repair and maintenance; and prompt public safety responses;
B. These community workshops provided an overview of the City’s Budget Process and described how funding is allocated or appropriated to various City services;
C. Community members shared and provided input about various priorities and expectations for upcoming years;
D. Community surveys were conducted to hear and understand what the community’s priorities are for the City;
E. Participation at the meetings and workshops reached to approximately 40 attendees per session;
H. The City of Monterey Park is a full-service City with its own Fire and Police Departments, which guarantees public safety resources are available when needed for Monterey Park residents and not diverted to other cities;
J. City maintenance of clean and safe neighborhoods and parks, a good library, programs for children, youth, and seniors, and well -maintained roads all lead to better quality of life;
K. The City Council is taking every proactive effort to maintain the level of service our community has come to expect, including reducing full and part-time positions, implementing a pension bond and utilizing available grant funding; and
L. All funds from the two local revenue measures are required to stay in Monterey Park to maintain local services and cannot be taken by State or County. Fiscal
Resolution Report
July 17, 2024
accountability will be ensured by requiring annual independent audits and making expenditure reports available for public review.
A.
SECTION 2: The City Council for Monterey Park endorses Measure XX and Measure XX.
SECTION 3: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 17
th day of July, 2024.
____________________________
Thomas Wong, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk