HomeMy Public PortalAbout2022.235 (07-19-22)RESOLUTION NO. 2022.235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, PLACING A BALLOT MEASURE ON THE NOVEMBER 8,
2022 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO
THE QUALIFIED VOTERS OF THE CITY OF LYNWOOD, ORDINANCE
NO. 1752 ENACTING A CANNABIS RETAILER BUSINESS LICENSE
TAX; SETTING DEADLINES FOR FILING WRITTEN ARGUMENTS FOR
AND AGAINST THE INITIATIVE MEASURE, AND REBUTTALS
THEREOF; DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS; AND RELATED MATTERS TO SAID
MUNICIPAL ELECTION
WHEREAS, the City Council of the City of Lynwood, California, has called a
General Municipal Election to be held on Tuesday, November 8, 2022, for the election of
three City Councilmembers for a full four-year term; and
WHEREAS, the City Council desires to submit to the voters for approval or denial
an ordinance establishing a Cannabis Retailer Business License Tax; and
WHEREAS, the City Council of the City of Lynwood introduced Ordinance No.
1752 on July 19, 2022, proposing a business license tax on cannabis retailers to be
deposited in the City General Fund and used for general City purposes, including but not
limited to senior citizen programs, City beautification efforts, enforcement of illegal
cannabis operations, public safety, housing programs, recreation services, infrastructure,
homeless reduction and other City efforts that residents need and want; and
WHEREAS, the Ordinance was published as required by law; and
WHEREAS, the submittal of Ordinance No. 1752 to a vote of the electorate is
exempt as a revenue measure for the ordinary expenses of the City from California
Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15273;
and
WHEREAS, pursuant to Section 2(B) of Article XIIIC of California's Constitution,
the City Council may submit a local tax measure to voters at a general municipal election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. That based upon staff presentations, reports, public testimony, and
other matters presented to the City Council during its consideration of this matter, the
foregoing recitals are true and correct and incorporated as substantive findings of this
Resolution, and further makes the additional findings set forth below in this Resolution.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election, to be held on November 8, 2022,
the following question requiring majority approval of the votes cast on the question.
Shall the City adopt Ordinance No.1752 establishing a 5%, but not to ` YES
exceed 10% tax on businesses selling cannabis products at retail stores in
the City to help fund City general fund services such as senior citizen
programs, City beautification efforts, enforcement of illegal cannabis
operations, public safety, housing programs, recreation services,
infrastructure, and homeless reduction and other City efforts? Estimated NO
revenues are $3 to $6 million annually until terminated by the City Council.
SECTION 3. That the proposed complete text of the Ordinance submitted tothe
voters is attached hereto as Attachment No. 1 and is approved by the City Council.
SECTION 4. Authorizing that the full text of the Ordinance not be printed in the
voter guide, but direct City Attorney to prepare an impartial analysis to be included in the
voter guide, and the impartial analysis shall indicate that the qualified voters of the City of
Lynwood will be able to obtain a full copy of the Ordinance, at no cost, by contacting the
City Clerk or accessing the City's website.
SECTION 5. That the City Clerk shall request a letter designation for the above
referenced Measure from the Register-Recorder/County Clerk of the County of Los
Angeles.
SECTION 6. That the City Council hereby authorizes written arguments for and
against the Measure to be filed with the City Clerk, signed, with 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. Any member of the City Council is
authorized to submit an argument in favor of the Measure. The arguments shall be
accompanied by the form of statement to be filed by author(s) of argument. Written
arguments for and against the Measure shall be filed with the City Clerk's Office, by
Friday, August 19, 2022, before 5:00 p.m.
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SECTION 7. That the City Council directs the City Clerk to transmit a copy of the
Ordinance/Measure to the City Attorney and direct the City Attorney to prepare an
impartial analysis of the proposed Measure, consistent with the requirements of Elections
Code Section 9289, including:
a. The City Attorney shall prepare an impartial analysis of the Measure not
exceeding 500 words showing the effect of the Measure on the existing law and the
operation of the Measure.
b. The 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
governing body of the City.
c. In the event the entire text of the Measure is not printed on the ballot, nor in
the voter information portion of the Voter Information Guide, there shall be printed
immediately below the impartial analysis, in no less than 10 -point type, the following: "The
above statement is an impartial analysis of Ordinance or Measure. If you desire a copy
of the Ordinance or Measure, please call the Election Official's Office at (310) 603-0220
ext. 214, and a copy will be mailed at no cost to you."
d. The impartial analysis shall be filed by Friday, August 19, 2022, before 5:00
p.m. with the City Clerk.
SECTION 8. That the City Council hereby authorizes rebuttal arguments to be
filed with the City Clerk. That pursuant to Section 9285 of the Elections Code, rebuttal
arguments shall be submitted and processed as follows:
a. When the elections official has selected the arguments for and against the
Measure, the elections official shall send a copy of an argument in favor of the proposition
to the authors of any argument against the Measure and a copy of an argument against
the Measure to the authors of any argument in favor of the Measure immediately upon
receiving the arguments.
b. The author or a majority of the authors of an argument measure may
prepare and submit a rebuttal argument not exceeding 250 words or may authorize in
writing any other person or persons to prepare, submit, or sign the rebuttal argument.
c. The rebuttal arguments shall be filed with the City Clerk not later than
Monday, August 29, 2022, before 5:00 p.m. Rebuttal arguments shall be signed, with 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. The rebuttal arguments shall be accompanied by the
form of statement to be filed by author(s) of argument.
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d. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument which it
seeks to rebut.
SECTION 9. That the City Council hereby establishes August 20, 2022 through
August 29, 2022, as the ten (10) calendar day examination period required by Elections
Code Section 9295 for review of the ballot arguments for and against the Measure, and
the impartial analysis, which voters may examine on the City's website at
www.lynwood.ca.us, and in the City Clerk's office at 11330 Bullis Road, Lynwood, CA
90262, Monday — Thursday between the hours of 7 a.m. to 6 p.m.
SECTION 10. That the City Council hereby establishes August 30, 2022 through
September 8, 2022, as the ten (10) calendar day examination period required by Elections
Code Section 9295 for review of the rebuttal arguments for and against the Measure,
which voters may examine on the City's website at www.lynwood.ca.us, and in the City
Clerk's office at 11330 Bullis Road, Lynwood, CA 90262, Monday — Thursday between
the hours of 7 a.m. to 6 p.m.
SECTION 11. That a statement shall be printed in the ballot pursuant to the
Elections Code advising voters that they may obtain a full copy of the Ordinance, at no
cost, upon request to the City Clerk.
SECTION 12. That the City Clerk is hereby authorized and directed to file a
certified copy of this Resolution with the Board of Supervisors and the County Elections
Department of the County of Los Angeles. •
SECTION 13. That this Resolution shall take effect immediately upon its adoption.
SECTION 14. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions
PASSED, APPROVED, AND ADOPTED this 19th day of July 2022.
CITY OF LYNWOOD
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ATTEST:
Maria Quinonez, C~° lerk rnie Hor ;City Manager
APPROVED AS TO FORM:
APPROVED AS TO CONTENT:
Noel Tapia, City A rney ana, Interim Director of
nity Development
STATE OF CALIFORNIA
)§
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do
hereby certify that the foregoing Resolution was passed and adopted by the City
Council of the City of Lynwood at a meeting held on the 19th day of July, 2022.
AYES: COUNCIL MEMBERS FLORES, SANTANA, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: COUNCIL MEMBER SOTO
ABSTAIN: NONE
ABSENT: NONE
Tana Quinonez,
City Clerk
STATE OF CALIFORNIA
)§
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the
Clerk of the City Council of said City, do hereby certify that the above foregoing is a
full, true and correct copy of Resolution No. 2022.235 on file in my office and that
said Resolution was adopted on the date and by the vote therein stated. Dated this
19th day of July, 2022.
aria Quinonez,
City Clerk
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