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Home My Public Portal About2022.235 (07-19-22) (2) 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. 1 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 to the 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. 2 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. 3 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 Jorge a, Mayor 4 ATTEST: Maria Quinonez, C lerk �mie Herna ez, City Manager APPROVED AS TO FORM: APPROVED AS TO CONTENT: Noel Tapia, City Atiorney onai, Interim Director of C mm nity Development r' 5 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 19t" day of July, 2022. AYES: COUNCIL MEMBERS FLORES, SANTANA, MAYOR PRO TEM SOLACHE AND MAYOR CASANOVA NOES: COUNCIL MEMBER SOTO ABSTAIN: NONE ABSENT: NONE Maria 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. I/;�Va aria Quinonez, City Clerk 6