HomeMy WebLinkAboutResolution No. 16-7655-Authorizing Council Members Prepare Primary Written ArgumentWHEREAS, City of Downey City Charter Section 1302 provides that all municipal
elections shall be governed by state law except as otherwise provided in the City Charter or
ordinance enacted by the City Council and not inconsistent with the City Charter; and
WHEREAS, on June 28, 2016, the City Council adopted a Resolution for the holding of a
General Municipal Election for the purposes of submitting to the voters the question relating to
the levy of a one -half of one percent transactions and use tax (the "Measure ") to be held on the
same date and at the same time as the Statewide General Election to be held on November 8,
2016 and a Resolution requesting the election be consolidated with Los Angeles County; and
WHEREAS, the City Council is submitting to the voters the question relating to the levy
of a one -half of one percent transactions and use tax; and
WHEREAS, Article 4 of Chapter 3 of Division 9 of the California Elections Code
(commencing with Section 9280) authorizing the City Council by majority vote to adopt
requirements regarding the filing of written arguments for a city measure submitted at
municipal elections; and
WHEREAS, Section 9282 of the California Elections Code provides for written
arguments to be filed in favor or against city measures not to exceed 300 words in length; and
WHEREAS, Section 9280 of the California Elections Code provides that the City Council
may direct the City's elections official to transmit a copy of the Measure to the city attorney for
the preparation of an impartial analysis of the measure showing the effect of the measure on
existing law and the operation of the Measure.
WHEREAS, the City Council, pursuant to its right and authority, does order submitted to
the voters at the General Municipal Election the following question:
maintain and improve city services including YES
city -run police and fire departments,
paramedic /9 -1 -1 emergency response, NO
anti- gang /drug /crime programs, school
safety, after - school and seniors programs;
ensure fire engines and emergency
vehicles have updated equipment; and
repair streets /potholes; shall the ordinance
to increase the sales tax by one -half of one
percent, providing $9,000,000 annually, to
expire after 20 years, requiring audits,
public disclosure of funds, and all funds
only for Downey be adopted?
NOW, •- E, THE CITY COUNCIL OF OF DOWNEY DOES
RESOLVE HEREBY • •i
Pursuant to California Elections Code Section 9282, subdivision (b), the City Council hereby
authorizes the following Council Members to prepare and file the primary written argument on
behalf of the City Council in support of the Measure:
The argument shall not exceed 300 words, shall be 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 California Elections Code. The argument may be changed or withdrawn until and including
the date fixed by the City Clerk after which no arguments for the Measure maybe submitted to
the City Clerk.
The Council Members identified above shall file the argument to the City Clerk no later than
July 2w 2018, 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
accompanied by the Los Angeles County Registrar- Recorder /County Clerk Declaration By
Author(s) of Arguments or Rebuttals form.
The City Council hereby further authorizes the Council Members identified above to determine
the signatures of up to five (5) authors of the argument that shall appear therewith in
accordance with California Elections Code Section 9283.
Pursuant to California Elections Code Section 9282, subdivision (b), any argument against the
Measure shall not exceed 300 words be 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 California
Elections Code. The argument shall contain the signatures of no more than five (5) authors in
accordance with California Elections Code Section 9283. The argument may be changed or
withdrawn until and including the date fixed by the City Clerk after which no arguments against
the Measure may be submitted to the City Clerk. An argument against the Measure shall be filed
with the City Clerk no later than July 12 2016, 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 accompanied by the Los Angeles County Registrar -
Recorder /County Clerk Declaration By Author(s) of Arguments or Rebuttals form. If more than
one argument against the Measure is received, the City Clerk shall select the argument for
RESOLUTION NO.
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printing and distribution to the voters giving preference and priority in accordance with California
Elections Code Section 9287.
SECTION 3. IMPARTIAL ANALYSIS
That the City Council directs the City Clerk to transmit a copy of the measure to the City
Attorney, unless the organization or salaries of the office of the City Attorney are affected.
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. If the Measure affects the organization or salaries of the office of
the City Attorney, the City Clerk shall prepare the impartial analysis.
b. 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 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 sample ballot, 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 Measure _. If you desire the
measure, please call the election's official's office at (562) 904 -7280 and a copy
will be mailed at no cost to you."
d. The impartial analysis shall be filed by 41UI J2, 2016, the date set by the City Clerk
for the filing of primary arguments.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Resolution or its
application to any person or circumstance is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Resolution or its application to other persons and
circumstances. The City Council of the City of Downey hereby declares that it would have
adopted this Resolution and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases, or portions be declared invalid or unconstitutional and, to that end, the provisions
hereof are hereby declared to be severable.
This Resolution shall take effect immediately Upon its adoption;
The City Clerk shall certify to the passage and adoption of this Resolution.
ADRIA M. JIMEN Z, M C
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 28th day of June, 2016 by the following
vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN.:
Council Member:
Ashton, Brossmer, Marquez,
Mayor Saab
None.
None.
A A M. JIMENEZ, PMC
City Clerk
Vasquez