HomeMy WebLinkAboutD-1 Staff Report - Resolution Declaring Election ResultsGeneral Municipal Election Results
April 6, 2020
Page 2
SCHEDULED ITEM
D-1
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: JEFFREY LAWRENCE CORNEJO, JR., CITY CLERK
DATE: A PRIL 6, 2020
SUBJECT: RESOLUTION DECLARING ELECTION RESULTS
BACKGROUND:
A General Municipal Election was held in the City of Azusa on March 3, 2020, the election results have
been certified by the Los Angeles County Registrar-Recorder/County Clerk, and the City Council shall pass
the resolutions declaring the certified results of said election. The proposed action adopts Resolutions No.
2020-C12, reciting the fact of the General Municipal election held on March 3, 2020, declaring the results
and such other matters as provided by law.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1) Adopt Resolution No. 2020-C12, reciting the fact of the General Municipal election held on March
3, 2020, declaring the results and such other matters as provided by law.
ANALYSIS:
A General Municipal Election was held and conducted on Tuesday, March 3, 2020, as required by the law,
for purposes of electing one Mayor position, two Councilmember positions and voting on a 3/4¢ sales tax
Measure (Ordinance No. 2020-03 attached).
The Los Angeles County Registrar-Recorder/County Clerk canvassed the returns of the election and has
certified the results to the City of Azusa. Upon certification, the City Council shall meet to declare the result
of the election. The “Official Canvass” is attached to the Resolution.
Pursuant to the certified election results, the number of votes received by the following candidates were
sufficient to declare them elected: Robert Gonzales, Mayor; Jesse Avila, Member of the City Council; Uriel
E. Macias, Member of the City Council.
APPROVED
CITY COUNCIL
4/6/2020
General Municipal Election Results
April 6, 2020
Page 2
Pursuant to the certified election results, a majority of the voters voting on the Measure Z voted in favor
of it, and that the Measure Ordinance No. 2020-03 was carried, and shall be deemed adopted and ratified.
FISCAL IMPACT
The election was budgeted in the FY 2019-20 budget.
Prepared by: Reviewed and Approved:
Adrian Garcia, MMC Jeffrey Lawrence Cornejo, Jr.
Chief Deputy City Clerk City Clerk
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachment:
1) Resolution No. 2020-C12
2) Ordinance No. 2020-03
RESOLUTION NO. 2020-C12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON MARCH 3, 2020, DECLARING THE RESULT AND SUCH
OTHER MATTERS AS PROVIDED BY LAW.
WHEREAS, a General Municipal Election was held and conducted in the City of Azusa, California,
on Tuesday, March 3, 2020, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that
voting precincts were properly established; that election officers were appointed and that in all respects the
election was held and conducted and the votes were cast, received and canvassed and the returns made and
declared in time, form and manner as required by the provisions of the Elections Code of the State of
California for the holding of elections in general law cities; and
WHEREAS, the Los Angeles County Registrar-Recorder/County Clerk, on behalf of the City Clerk,
canvassed the returns of the election and has certified the results as attached and made a part hereof as
“Exhibit A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the number of registered voters in the City was 22,712, making a total of 7,972
ballots cast in the City.
SECTION 2. That the names of persons voted for at the election for Mayor are as follows:
Jonny M. Liu 1,836
Bruce Knoles 1,394
Robert Gonzales 3,967
SECTION 3. That the names of persons voted for at the election for Member of the City Council
(two Members) are as follows:
Jesse Avila 2,761
Russell Bryan Rentschler 1,435
Diana Reyes Williams 2,393
Uriel E. Macias 2,631
Andrew N. Mendez 2,421
SECTION 4. That the Measure voted upon at the election is as follows:
MEASURE Z
“To maintain City of Azusa police, firefighter and paramedic staffing
levels, 9-1-1 emergency response services, gang enforcement and
neighborhood patrols; address homelessness to maintain public
health/safety; repair parks, library, community centers; and maintain
graffiti removal, senior services including meals on wheels, afterschool
programs and other City services, shall a measure be adopted establishing
a 3/4¢ sales tax providing approximately $4,500,000 annually until ended
by voters, requiring annual independent audits with all funds benefiting
Azusa residents?”
YES – 4,651
NO – 2,812
Attachment 1
SECTION 5. That the number of votes given at each precinct and the number of votes given in the
City to each of the persons above named for the respective offices for which the persons were candidates,
and for and against the measures, were as listed in Exhibit “A” attached.
SECTION 6. The City Council does declare and determine that:
Robert Gonzales was elected as Mayor for the full term of two years;
Jesse Avila was elected as Member of the City Council for the full term of
four years;
Uriel E. Macias was elected as Member of the City Council for the full term
of four years;
That as a result of the election, a majority of the voters voting on the Measure Z
voted in favor of it, and that the Measure was carried, and shall be deemed adopted
and ratified.
SECTION 7. The City Clerk shall enter on the records of the City Council of the City of Azusa, a
statement of the result of said election, showing:
1. The whole number of votes cast in the City.
2. The names of the persons voted for.
3.The Measures voted upon.
4. For what office each person was voted.
5. The number of votes given at each precinct to each person.
6. The total number of votes given to each person.
SECTION 8. That the City Clerk shall immediately make and deliver to each of the persons so
elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also
administer to each person elected the Oath of Office prescribed in the Constitution of the State of California
and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so
elected shall then be inducted into the respective office to which they have been elected.
SECTION 9. 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 6th day of April, 2020.
___________________________________
Joseph Romero Rocha
Mayor
ATTEST:
___________________________________
Jeffrey Lawrence Cornejo, Jr.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 2020-C12 was duly adopted by the City
Council of the City of Azusa at a special meeting thereof, held on the 6th day of April, 2020, by the
following vote of Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk
Exhibit A
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ORDINANCE NO. 2020-03
AN ORDINANCE OF THE PEOPLE OF THE CITY OF AZUSA, CALIFORNIA,
ADDING ARTICLE VIII TO CHAPTER 70 OF THE AZUSA MUNICIPAL CODE TO
ENACT A THREE-QUARTERS PERCENT (3/4%) GENERAL TRANSACTIONS AND
USE TAX (SALES TAX) TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION
WHEREAS, pursuant to California Revenue and Taxation Code Section 7285.9 the City of
Azusa (“City”) is authorized to levy a Transactions and Use Tax for general purposes, subject to
majority voter approval; and
WHEREAS, the People of the City desire to levy a Transactions and Use Tax for general
purposes until repealed to fund important general City services, at a rate of three-quarters percent
(3/4%); and
WHEREAS, if approved by the City Council and Azusa voters, the Transactions and Use
Tax ordinance will be incorporated into Article 8 of Chapter 3 of Title 3 of the Azusa Municipal
Code.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF AZUSA DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. Title and Text. This Ordinance shall be known as the Azusa Transactions and
Use Tax Ordinance, the full text of which is set forth in Attachment “1”, attached hereto and
incorporated herein by reference.
Section 2. Approval by the City Council. Pursuant to California Government Code Section
53724 and Revenue and Taxation Code Section 7285.9, this Ordinance was duly approved for
placement on the ballot by a minimum two-thirds (2/3) supermajority of all members of the City
Council on November 18, 2019.
Section 3. Approval by the Voters. Pursuant to California Elections Code Section 9217,
this Ordinance shall be deemed adopted and take effect only if approved by a majority of the
eligible voters of the City of Azusa voting at the General Municipal Election of March 3, 2020. It
shall be deemed adopted when the City Council has certified the results of that election by
resolution and shall take effect ten (10) days thereafter.
Section 4. Operative Date. “Operative Date” for the Transactions and Use Tax means the
first day of the first calendar quarter commencing more than 110 days after the date this
Ordinance is adopted, as set forth in Section 3 above.
Section 5. Severability. If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the Ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby.
Attachment 2
I hereby certify that the Azusa Transactions and Use Tax Ordinance was PASSED,
APPROVED, AND ADOPTED by the People of the City of Azusa on the 3rd day of March,
2020.
CITY OF AZUSA
JOSEPH ROCHA, MAYOR
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
_______________________________
Marco Martinez, City Attorney
Article VIII - Transactions and Use Tax
Sections:
70-301 - Purpose.
70-302 - Contract With State.
70-303 - Transactions Tax Rate.
70-304 - Place of Sale.
70-305 - Use Tax Rate.
70-306 - Adoption of Provisions of State Law.
70-307 - Limitations on Adoption of State Law and Collection of Use Taxes.
70-308 - Permit Not Required.
70-309 - Exemptions and Exclusions.
70-310 - Amendments.
70-311 - Enjoining Collection Forbidden.
70-312 – Duration of Tax
Sections:
70-301 - Purpose.
This ordinance is adopted to achieve the following, among other purposes, and directs that the
provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and
Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance
which shall be operative if a majority of the electors voting on the measure vote to approve
the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to
those of the Sales and Use Tax Law of the State of California insofar as those provisions are
not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of
the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure therefore that can be administered and collected by the California Department of
Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and
requires the least possible deviation from, the existing statutory and administrative
procedures followed by the California Department of Tax and Fee Administration in
administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that
will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division
2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use
taxes, and at the same time, minimize the burden of record keeping upon persons subject to
taxation under the provisions of this ordinance.
70-302 - Contract With State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this
transactions and use tax ordinance; provided, that if the City shall not have contracted with the
California Department of Tax and Fee Administration prior to the operative date, it shall
nevertheless so contract and in such a case the operative date shall be the first day of the first
calendar quarter following the execution of such a contract.
70-303 - Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all
retailers in the incorporated territory of the City at the rate of three-quarters percent (3/4%) of the
gross receipts of any retailer from the sale of all tangible personal property sold at retail in said
territory on and after the operative date of this ordinance.
70-304 - Place of Sale.
For the purposes of this ordinance, all retail sales are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an
out-of-state destination or to a common carrier for delivery to an out-of-state destination. The
gross receipts from such sales shall include delivery charges, when such charges are subject to
the state sales and use tax, regardless of the place to which delivery is made. In the event a
retailer has no permanent place of business in the State or has more than one place of business,
the place or places at which the retail sales are consummated shall be determined under rules and
regulations to be prescribed and adopted by the California Department of Tax and Fee
Administration.
70-305 - Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date of this ordinance for
storage, use or other consumption in said territory at the rate of three-quarters percent (3/4%) of
the sales price of the property. The sales price shall include delivery charges when such charges
are subject to state sales or use tax regardless of the place to which delivery is made.
70-306 - Adoption of Provisions of State Law.
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with
the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions
of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are
hereby adopted and made a part of this ordinance as though fully set forth herein.
70-307 - Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A.Wherever the State of California is named or referred to as the taxing agency, the name of
this City shall be substituted therefor. However, the substitution shall not be made when:
1.The word “State” is used as a part of the title of the State Controller, State Treasurer,
State Board of Control, California Department of Tax and Fee Administration, State
Treasury, or the Constitution of the State of California;
2.The result of that substitution would require action to be taken by or against this City or
any agency, officer, or employee thereof rather than by or against the California
Department of Tax and Fee Administration, in performing the functions incident to the
administration or operation of this Ordinance.
3.In those sections, including, but not necessarily limited to sections referring to the
exterior boundaries of the State of California, where the result of the substitution would
be to:
a.Provide an exemption from this tax with respect to certain sales, storage, use or
other consumption of tangible personal property which would not otherwise be
exempt from this tax while such sales, storage, use or other consumption remain
subject to tax by the State under the provisions of Part 1 of Division 2 of the
Revenue and Taxation Code, or;
b.Impose this tax with respect to certain sales, storage, use or other consumption
of tangible personal property which would not be subject to tax by the state under
the said provision of that code.
4.In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or
6828 of the Revenue and Taxation Code.
B.The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in
business in this State” in Section 6203 and in the definition of that phrase in Section 6203.
1.“A retailer engaged in business in the District” shall also include any retailer that, in the
preceding calendar year or the current calendar year, has total combined sales of tangible
personal property in this state or for delivery in the State by the retailer and all persons
related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes
of this section, a person is related to another person if both persons are related to each
other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations
thereunder.
70-308 - Permit not Required.
If a seller’s permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor’s permit shall not be required by this ordinance.
70-309 - Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount
of any sales tax or use tax imposed by the State of California or by any city, city and county,
or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts
from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators
of aircraft to be used or consumed principally outside the county in which the sale is
made and directly and exclusively in the use of such aircraft as common carriers of
persons or property under the authority of the laws of this State, the United States, or any
foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the
City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent,
or by delivery by the retailer to a carrier for shipment to a consignee at such point. For
the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration
pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the
Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public
Utilities Code, and undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code by registration to an out-of-
City address and by a declaration under penalty of perjury, signed by the buyer,
stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out-
of-City and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property
for a fixed price pursuant to a contract entered into prior to the operative date of this
ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for
any period of time for which the lessor is obligated to lease the property for an amount
fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has the
unconditional right to terminate the contract or lease upon notice, whether or not such
right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other
consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under
any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or
consumed by such operators directly and exclusively in the use of such aircraft as
common carriers of persons or property for hire or compensation under a certificate of
public convenience and necessity issued pursuant to the laws of this State, the United
States, or any foreign government. This exemption is in addition to the exemptions
provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of
California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a
contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal
property arises under a lease which is a continuing purchase of such property for any
period of time for which the lessee is obligated to lease the property for an amount fixed
by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other
consumption, or possession of, or exercise of any right or power over, tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period
of time for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall
not be required to collect use tax from the purchaser of tangible personal property, unless
the retailer ships or delivers the property into the City or participates within the City in
making the sale of the property, including, but not limited to, soliciting or receiving the
order, either directly or indirectly, at a place of business of the retailer in the City or
through any representative, agent, canvasser, solicitor, subsidiary, or person in the City
under the authority of the retailer.
7. “A retailer engaged in business in the City” shall also include any retailer of any of the
following: vehicles subject to registration pursuant to Chapter 1 (commencing with
Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with
Section 21411 of the Public Utilities Code, or undocumented vessels registered under
Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be
required to collect use tax from any purchaser who registers or licenses the vehicle,
vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer
liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation
Code with respect to the sale to the person of the property the storage, use or other
consumption of which is subject to the use tax.
70-310 - Amendments.
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically
become a part of this ordinance, provided however, that no such amendment shall operate so as
to affect the rate of tax imposed by this ordinance.
70-311 - Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the
City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
70-312 – Duration of Tax.
The tax imposed by this Article shall continue until this ordinance is repealed.