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01_DRAFT - RESO -San Marino Special Public Safety Tax Measure 11-5-24 Election

San Marino City Council
June 28, 2024

Document
01_DRAFT - RESO -San Marino Special Public Safety Tax Measure 11-5-24 Election
Meeting
June 28, 2024
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San Marino City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on cityofsanmarino.primegov.com. That file is the official record.

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RESOLUTION NO. R-24-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

MARINO, CALIFORNIA, ORDERING THE SUBMISSION TO THE

QUALIFIED ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, OF A MEASURE TO EXTEND THE CITY’S EXISTING PUBLIC SAFETY TAX FOR FOUR (4) YEARS; DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS; AND SETTING PRIORITIES FOR BALLOT

ARGUMENTS
WHEREAS, pursuant to the requirements of the laws of the State of California relating to general law cities, there has been called and ordered to be held in the City of San Marino on Tuesday, November 5, 2024, a General Municipal Election for the purposes of electing two members of the City Council; and
WHEREAS, pursuant to existing authority under the Elections Code, the City Council proposes to submit to the voters of the City at said General Municipal Election a ballot measure to extend the City’s existing Public Safety Special Tax; and WHEREAS, the proposed ballot measure would extend the existing special tax that is already paid by San Marino property owners, to continue to raise revenue needed for the City to provide excellent public safety services; and
WHEREAS, fast emergency response times and crime prevention remains a top community priority; this extended tax would help ensure there are enough police officers, firefighters, and paramedics to respond quickly to 9-1-1 emergencies; and WHEREAS, all funds raised by this measure will be used only to fund essential City public safety services; and
WHEREAS, without the passage of this measure, the existing Public Safety Tax ordinance will expire in 2025 and public safety in the City will be underfunded; WHEREAS, pursuant to Article XIII A of the California Constitution and Section 50075 et seq. of the California Government Code, the City has the authority to levy a special tax following notice and a public hearing; and
WHEREAS, on June 13, 2024, and June 20, 2024, the City published notice of the time and place of the hearing on the Public Safety Special Tax and a general explanation thereof in the San Marino Tribune, a newspaper of general circulation; and WHEREAS, on June 28, 2024, the City Council held a duly noticed public hearing where all interested persons were heard on the matter of holding an election in the matter of levying a Public Safety Special Tax in the City;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO,

CALIFORNIA DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to California Elections Code Sections 9222 and 10201, the City Council, pursuant to its right and authority, does hereby order that a ballot measure be submitted to the voters at a General Municipal Election to be held on Tuesday, November 5, 2024, in the form set forth herein.

SECTION 2. The City Council hereby orders that the question to be submitted to the qualified electors at the said Special Municipal Election shall appear and be printed on the ballot as follows:

YES ___
Shall an ordinance be adopted to continue the
Special Public Safety Tax for Paramedic Services,
Fire Protection and Prevention, and Police
Protection in the City of San Marino, estimated to
generate $3,700,000 annually, subject to an annual
cost of living increase, until 2029?
NO ___
SECTION 3. The text of the proposed ordinance to be submitted to the qualified electors, as attached hereto as Exhibit “A,” is hereby approved and incorporated herein by reference. The type of tax proposed is an extension of an existing Special Parcel Tax at rates specified in the proposed ordinance for four (4) additional years. The measure shall not take effect unless and until approved by a vote of least 2/3 of the voters voting on the question at the election.

SECTION 4. The ballots to be used at the election shall be in the form and content required by law.

SECTION 5. The City Clerk is authorized, instructed, and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 6. The City Clerk is hereby directed to submit to the City Attorney a copy of the ordinance, and the City Attorney is hereby authorized and directed to prepare an impartial analysis of the ballot measure showing the effect of the measure on the existing law and operation of the measure. The impartial analysis shall be submitted by the City Attorney to the City Clerk as required by Elections Code Section 9280 and shall not exceed 500 words in length, and otherwise shall comply in all respects with the applicable provisions of the Elections Code of the State of California.

SECTION 7. The last day for filing direct arguments for or against the measure shall be as set by the County, based upon the consolidation of the election as contemplated in Elections Code Section 10400 and all such arguments shall be filed with the San Marino City Clerk, 2200 Huntington Drive, San Marino, California, 91108, and shall not exceed 300 words in length. The City Clerk, upon receipt of arguments and after the filing deadline, shall immediately transmit copies to any known opposing parties who may then submit rebuttals within the time period 4869-8778-2561 v1 3
established by the County. The City Council authorizes any and all members of the City Council to file a written argument in favor or against the above referenced measure.

If more than one argument is submitted in favor or against the measure, the Clerk shall select the argument based upon the priorities set forth in Elections Code 9287, and if more than one argument shares the same highest priority, the City Clerk shall use a random selection methodology. Arguments received prior to the deadline shall be confidential until the deadline.

SECTION 8. That the last day for filing rebuttal arguments for or against the ballot measure shall be as set forth in Elections Code 9285 and all such arguments shall be filed with the San Marino City Clerk, 2200 Huntington Drive, San Marino, California, 91108, and shall not exceed 250 words in length. Arguments received prior to the deadline are confidential until the deadline.

SECTION 9. The ten (10) day public review period for all ballot materials shall open and close pursuant to Elections Code section 9295.

SECTION 10. That the polls (vote centers) for the election shall be open at seven o’clock a.m. on the day of the election and shall remain open continuously from that time until eight o’clock p.m. of the same day when the polls (vote centers) shall be closed, pursuant to Election Code § 10242, except as provided in §§ 14212, 14401 of the Elections Code of the State of California.

SECTION 11. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 12. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 13. The election on this measure shall be conducted on the same ballot as the General Municipal Election for candidates, and in all other particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 14. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Los Angeles County Board of Supervisors and the Los Angeles County Registrar of Voters.

SECTION 15. The City Manager and all other officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they may deem necessary or advisable in order to complete the process for placing the measure on the November 5, 2024 ballot.

SECTION 16. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of San Marino, California, on this 28th day of June, 2024. _______________________________
STEVEN W. HUANG, DDS, MAYOR

CITY OF SAN MARINO
ATTEST:
____________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF SAN MARINO )
I, ALISON WALKER, City Clerk of the City of San Marino, California, hereby certify that Resolution No. R-24-22 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the 28th day of June, 2024, and that the same was adopted by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

_____________________________________

ALISON WALKER, CITY CLERK

CITY OF SAN MARINO
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EXHIBIT “A”

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