RESOLUTION NO. 2022-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TORRANCE, CALIFORNIA, PLACING A MEASURE ON
THE BALLOT FOR THE GENERAL MUNICIPAL ELECTION
CONSOLIDATED WITH THE STATEW¡DE PRIMARY
ELECTION TO BE HELD IN THE CITY OF TORRANCE ON
TUESDAY, JUNE 7, 2022, FOR THE PURPOSE OF
SUBMITTING A MEASURE IMPOSING A TRANSACTIONS
AND USE TAX TO A VOTE OF THE QUALIFIED
ELECTORS OF THE CITY; DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF
THE MEASURE; AND PROVIDING FOR THE FILING OF
PRIMARY AND REBUTTAL ARGUMENTS AND SETTING
RULES FOR THE FILING OF WRITTEN ARGUMENTS
REGARDING A PROPOSED MEASURE TO BE
SUBMITTED AT THE ELECTION
WHEREAS, the health and safety of all residents in the City of Torrance ("the City") is the City's top priority; and
WHEREAS, the City is committed to safe neighborhoods and quality services to support residents; and
WHEREAS, the City has been forced in recent years to reduce resources and staffing in nearly all service areas including public safety, public works, administration, libraries and community services in order to balance the budget and will need to continue to do so in the absence of additional revenue; and
WHEREAS, the inadequacy of the City's existing revenues creates a potential threat to the public health, safety and general welfare of the community; and WHEREAS, Los Angeles County and the Metropolitan Transit Authority have increased sales taxes in recent years for regional purposes and those funds are not allocated directly to the City.
Only a fraction of those taxes Torrance residents and visitors pay in Torrance actually flow back to Torrance. Currently, the City can count on receiving just 1"/" of the sales taxes Torrance residents and visitors pay; and
WHEREAS, any new sales tax applicable in the City imposed by an entity other than the City would likely result in those tax revenues being spent outside the City and the City would be prohibited from using the remaining amount of the available tax rate; and WHEREAS, Torrance residents have identified priorities such as maintaining 911, fire and paramedic services, addressing homelessness, and maintaining safe schools; and WHEREAS, an increased revenue source would help fund critical public safety and community services programs and pay for essential public infrastructure improvements to roads, parks and public facilities; and
1 WHEREAS, the City must ensure that Torrance has the needed public safety officers, firefighters, paramedics, lifesaving equipment and communications technology to respond quickly to emergencies and save lives; and
WHEREAS' local, voter-approved funding will provide a guaranteed source of money for essential City services that cannot be taken by Sacramento or Washington D.C. as all funds will be legally required to be spent in Torrance; and
WHEREAS, pursuant to California Constitution Article Xl, Section 5(a) and Torrance City Charter section 400, the City of Torrance ("City") is authorized to levy a Transactions and Use Tax for general purposes, subject to voter approval; and
WHEREAS, pursuant to California Revenue & Taxation Code Sections 7251 et seq. and 7285.9, the City of Torrance ("City") is authorized to levy a Transactions and Use Tax for general purposes, subject to voter approval; and
WHEREAS, the City proposes to levy a Transactions and Use Tax (sales tax) for general purposes to fund unbudgeted priorities, maintain public safety, and maintain other essential City services; and
WHEREAS, the proposed measure will include strict accountability requirements such as public disclosure of all spending and annual independent financial audits that ensure funds are used effectively and as promised, and only to benefit the Torrance community; and WHEREAS, a General Municipal Election consolidated with the statewide primary election on Tuesday, June 7, 2022, has been called by has been called Resolution No. 2022-01 on January 25,2022i and
WHEREAS, the City Council also desires to submit to the voters at the election a question relating to transactions and use tax.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TORRANCE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1.
Pursuant to the provisions of California Constitution Article Xl, Section 5(a), Torrance City Charter Section 400, the California Elections Code Section 9222, California Revenue & Taxation Code Section 7251 et seg., California Revenue and Taxation Code Section 9285.9, and any other applicable requirements of the laws of the State of California relating to charter cities, the City Council, by a two-thirds vote.of all members, places a Measure on the ballot for the General Municipal Election consolidated with the statewide primary election in the City of Torrance scheduled for Tuesday, the 7th day of June, 2022, as previously established and implemented by the City Council in Resolution Numbers 2022-01 and 2022-02 adopted on January 25, 2022,1or the purpose of submitting to a vote of the qualified electors of the City of Torrance the following proposed Measure:
2 City of Torrance - Torrance Public Safety/Essential Services Measure To maintain city services such as fire/ paramedic/
public safety/ 9-1-1 response, safe schools; protect
local drinking water sources/ coastal waters from
pollution; keep parks/ public areas safe/ clean; repair streets/ potholes; prevent thefts/ property
crime; maintain senior services; and address
homelessness, shall the City of Torrance
ordinance be adopted establishing alz$ sales tax for
general government use, generating approximately
$18,000,000 annually until ended by voters,
requiring public spending disclosure, independent
audits, all funds locally controlled?
YES
NO
Section 2.
That the text of the Measure to be submitted to the voters is attached hereto as Exhibit "4" Section 3.
That the minimum vote requirement for the Measure to pass is a simple majority (50/" + 1) of the votes cast.
Section 4
That pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the effect of the Measure on the existing law and the operation of the Measure, and transmit such impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments for or against the Measure.
The impartial analysis shall include a statement indicating whether the Measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. ln 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 shall be printed immediately below the impartial analysis, in no less than 1O{ont bold type, the following: "The above statement is an impartialanalysis of Ordinance or Measure "-." lf you desire a copy of the Ordinance or Measure, please call the Office of the City Clerk at (310) 618-2870 and a copy will be mailed at no cost to you." Section 5.
Primary Arguments. That the City Council authorizes (i) the Mayor, City Council or any member(s) of the City Council, (ii) any appointive officer of the City, (iii) any individual voter eligible to vote on the above Measure, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Measure, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, the City Council Rules of Order, and to change the argument until and including the date fixed below by the City Clerk, after which no arguments for or against the Measure may be submitted to the City Clerk. 3 Section 6.
Pursuant to the City Council Rules of Order, the Mayor, with the approval of the City Council, may designate a person, or association of persons, to write arguments either for or against or both for and against the adoption of any Measure or proposition placed on the ballot.
Section 7.
The deadline to submit arguments for or against the Measure pursuant to this Resolution is declared by the City Clerk to be March 18,2022, at 5:30 p.m. Each argument shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) 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 who is the author of the argument.
Section 8.
Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the primary arguments for and against the Measure which will be printed and distributed to the voters, the Clerk shall send copies of the primary argument in favor of the Measure to the authors of the primary argument against, and copies of the primary argument against to authors of the primary argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than March 28,2022 at 5:30 p.m. Authors may change a rebuttal argument until and including the date fixed above by the City Clerk, after which no rebuttal arguments for or against the Measure may be submitted to the City Clerk. Rebuttal arguments shall be printed in the same manner as the primary arguments. Each rebuttal argument shall immediately follow the primary argument which it seeks to rebut.
Section 9.
That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.
Section 10.
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 11
That the ballots to be used at the election shall be in form and content as required by law Section 12.
This call for a general election on June 7,2022 includes the Vote Center Election procedure provided for in Elections Code section 4OO7.
Section 13.
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 14.
The City Clerk shall cefiify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
4 Section 15.
The City Council finds that this Resolution is not subject to the California Environmental Quality Act (CEOA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 16.
The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity.
Section 17.
That the City Council authorizes the City Clerk to administer the election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
INTRODUCEÐ, APPROVED, and ADOPTED this 15th day of 2022 APPROVED AS TO FORM:
PATRICK Q. SULLIVAN, City Attorney ATTEST:
a Y. Strader, Assistant City Attorney Re Poirier, City Clerk Attachment: Exhibit A Text of Measure
5 TORRANCE CITY COUNCIL RESOLUTION NO. 2022.21
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF TORRANCE
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l, Rebecca Poirier, City Clerk of the City of Torrance, California, do hereby certify that the foregoing resolution was duly introduced, approved, and adopted by the City Council of the City of Torrance at a regular meeting of said Council held on the 15th day of February, 2022by the following rollcall vote:
AYES: COUNCILMEMBERS Ashcraft, Kalani, Griffiths, Walser, and Mayor Furey.
NOES: COUNCILMEMBERS Chen and Mattucci.
ABSTAIN: COUNCILMEMBERS None.
ABSENT: COUNCILMEMBERS None.
ÐlDal at>y ,M
Date:City Clerk of the City of Torrance
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