Did Mayor And Your Councilmember Tell You <nobr>Measure M</nobr> Isn't A Tax? Compare Exactly What Council Voted To Approve When It Put Measure M On Ballot

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Did Mayor And Your Councilmember Tell You Measure M Isn't A Tax? Compare Exactly What Council Voted To Approve When It Put Measure M On Ballot

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(May 22, 2018, 10:25 a.m.) -- LBREPORT.com has learned that over the past several days, Mayor Garcia and a number of City Councilmembers have been disseminating (via emails, newsletters and/or social networks) claims that Measure M (a Charter Amendment put on the June 5 ballot by the City Council to enable transfer/diversion of LB water/sewer/gas utility revenue to the General Fund for Council spending on any General Fund/"blank check" items it wishes) isn't a tax.

In the public interest, LBREPORT.com publishes below salient text from the City Council's official voted resolution that put Measure M on the ballot. It speaks for itself.

The text below isn't visible on the City's Measure M "information" web page, or the City's "Frequently Asked Questions" webpage about Measure M or printed in the official voter information pamphlet sent to LB registered voters.

LBREPORT.com readers can view the full text of the Council-voted resolution that put Measure M on the ballot AND the full text of Measure M [not merely the City Attorney's "impartial analysis"] at this link. LBREPORT.com has highlighted pertinent portions of the Council-voted resolution in red below for quick reference.

[Scroll down for further.]

Text source: City Council voted Resolution No. RES-18-002S

...WHEREAS, some have alleged that under California Propositions 218 and 26 (California Constitution, Article XIIIC, Section 1(e) and Article XIIID, Section 6), these revenue transfers from City utility accounts to the General Fund are general taxes requiring voter approval; and...
WHEREAS, Proposition 218 (California Constitution, Article XIIIC, Section 2) likewise requires that all general taxes which are imposed, extended or increased be approved by a majority of City voters voting at an election called for that purpose; and
WHEREAS, pursuant to Proposition 218 any general tax measure submitted to the voters must be held concurrently with a regularly scheduled general election for members of the City Council;
...NOW, THEREFORE, the City Council of the City of Long Beach resolves as 28 follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this Resolution...

On a related matter, Measure M's General Fund/"blank check" substance is detailed in the full text of Measure M here [not published in official voter pamphlet or in other City materials of which we're aware.] See pdf pages 8-9, section 1407 (7) ("All proceeds from transfers authorized by subsection (5) above can be spent for unrestricted general revenue purposes.") and section 1501 (f) (All proceeds from transfers authorized by subsection (d) above can be spent for unrestricted general revenue purposes").

If you received a communication (email, Facebook, Tweet, newsletter or otherwise) from Mayor Garcia or your Councilmember contending Measure M isn't a tax, LBREPORT.com is interested in seeing it. Please forward it to LBREPORT.com at: mail@LBReport.com or via our Facebook page at at this link.

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