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HomeMy WebLinkAbout2022 040 CC RESO RESOLUTION NO. 2022-040 A RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS, AND PROVIDING FOR REBUTTAL ARGUMENTS REGARDING A BALLOT MEASURE TO AN INCREASE IN SALES TAX OF 3/4 CENT TRANSACTION AND USE (SALES) TAX FOR THE CITY OF BALDWIN PARK WHEREAS, a General Municipal Election shall be held in the City of Baldwin Park, California, on November 8, 2022, at which there will be submitted to the voters a ballot measure to an increase in sales tax of 3 cent transaction and use (sales) tax for the City of Baldwin Park; and WHEREAS, whenever a municipal ballot measure is authorized, State law provides that the City Council may direct the City Attorney to prepare an impartial analysis and provide for the filing of written arguments for and against a measure and for rebuttal arguments to be filed with the City elections official. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council directs the City Attorney to prepare an impartial analysis of the ballot measure to an increase in sales tax of 3/ cent transaction and use (sales) tax for the City of Baldwin Park. The impartial analysis shall be filed within fifteen (15) days of the adoption of this Resolution or by the date set by the City Clerk/County Clerk (August 18th) for the filing of primary arguments, whichever is later. Section 2. The City Council authorizes members of that body, collectively or individually, to file written arguments not exceeding 300 words in favor of the advisory ballot measure relating to the ballot measure to an increase in sales tax of 3/ cent transaction and use (sales) tax for the City of Baldwin Park, accompanied by the printed names(s) and signature(s) of the author(s); and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The City Clerk shall follow Elections Code sections 9281 through 9287 in determining the printing of all arguments in favor and against. Section 3. If no member of the City Council files written arguments in favor of said measure, then any voter of the City may submit a written argument in favor not exceeding 300 words to the City Clerk for consideration. If more than one argument is filed, the City Clerk shall give priority to arguments in accordance with Elections Code section 9281 through 9287 or if multiple arguments are received with the same priority outlined in Elections Code section 9281 through 9287, or priority shall be given to the earliest filed arguments. Section 4. Arguments shall be filed with the City Clerk on or before August 18th, 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. Section 5. When the City Clerk has selected the arguments for and against the aforementioned ballot measure to an increase in sales tax of 3/ cent transaction and use (sales) tax for the City of Baldwin Park which will be printed and distributed to the voters, the City Clerk 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. Section 6. The author or a majority of the authors of an argument relating to the ballot 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. A rebuttal argument may not be signed by more than five. The rebuttal arguments shall be filed with the city clerk on or before August 28th, signed, with the printed names(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, not more than 10 days after the final date for filing direct arguments. Section 7. 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 8. The City Clerk shall cause the City Attorney's Impartial Analysis, and duty selected arguments and rebuttals, to printed and distributed to voters in accordance with State law regarding same. Section 9. That all previous resolutions providing for the filing for rebuttal arguments for city measures are repealed. Section 10. 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 3rd day of August 2022. , !EM � i+ r L J. ESTRADA MAY• - ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, MARLEN GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2022-040 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on August 3, 2022, and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: eiAtakivINZ MARLEN GA CIA CITY CLERK