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HomeMy WebLinkAboutCORRESPONDENCE - 55C55C City Council Meeting Correspondence 7/3/2018 DIRECT STAFF TO PLACE AN ADD ON SALES AND USE TAX MEASURE FOR MUNICIPAL SERVICES ON THE NOVEMBER 6, 2018 GENERAL ELECTION BALLOT FOR VOTER CONSIDERATION; SELECTION OPTION AND ADOPT RESOLUTION CALLING FOR CONSOLIDATION OF ELECTION WITH THE COUNTY OF ORANGE; AUTHORIZE AND DESIGNATE CITY COUNCILMEMBER(S) TO FILE ARGUMENT AND REBUTTAL STATEMENTS; AND RELATED ACTIONS Date of Name Correspondence 4 7/3/2018 Rigo Garcia Representative of Santa Ana Resident In Favor In Opposition of RA*. of RA.* Yes 1 713/2018 Tim M. Johnson JLK Rosenberger LLP 2 7/362018 Alexis Teodoro on behalf of Ana Santa Ana Building Healthy Urzua and Carlos Perea Communities 3 7/3/2018 Carolyn Cavecche 3 TOTAL: 4 *RA - Recommended Action Thursday, July 05, 2018 Page 1 of 1 Orozco, Norma From: Tim Johnson < Sent: Tuesday, July 03, 2018 2:45 PM To: eComment Cc: Solorio, Jose; Pulido, Miguel; Sarmiento, Vicente; Martinez, Michele; Benavides, David; Villegas, Juan; Tinajero, Sal Subject: Sales Tax Increase Agenda Item I know I am pass the fpm cutoff for submitting comments on the agenda. I am hoping this can be considered though for tonight's meeting with regards to the potential sales tax increase. I am concerned that the council seems to be poised to allow a sales tax increase be put onto the agenda without sufficient information to determine how the revenue raised would be utilized. The amount of revenue to be raised by both the 1% and 1.5% inceases seems to be more than the amount that we are short in the budget, so there will be excess funds available. The council should have a serious discussion about the use of these funds prior to suggesting that voters should decide on it. It feels that the cart is being put before the horse in this instance. We, the voters, should have this information and you the council needs to have it prior to suggesting that we vote on it. Additionally, considering the amount of potential revenue realized by a 1% or 1.5% increase, should you be considering a smaller increase that is more in line with our budget deficit? By increasing the sales tax by so much more than the budget, you appear to be setting the city up to spend money that it currently does not have. There needs to be a plan for this money prior to voting on it—and I mean prior to the Council voting to put it on the ballot. Once a tax increase is approved, it is virtually impossible to reverse simply because an organization will often spend to its means ... sure, there will be some reserves set aside, but it will be very difficult to reverse course on this. It is such a large issue that the council needs to discuss it more fully. I urge you to direct staff to come up with a multi-year pro -forma projection for how funds may be used (including reserve account replenishment) and how this will impact the services that the voters receive in the City prior to putting this plan onto the ballot. Tim M. Johnson, CPA Building Healthy1 ��®111111U111t1�Si 07/03/2018 Santa Ana Building Healthy Communities Dear Santa Ana City Council & City Manager Raul Godinez II 20 Civic Center Plaza, 81 Floor P.O. Box 1988, M31 Santa Ana, CA 92701 _ Re: Proposed Ballot for a Sales and Use Tax Measure for Municipal Services, Agenda item 55C Dear Santa Ana City Council and City Manager Raul Godinez 11, The Santa Ana Building Healthy Communities work has focused on improving the health outcomes of the most impacted residents in the city. This letter is to request that we continue the tradition that local residents, especially the most impacted, be at the decision-making table especially with regards to the use of funds from the potential revenues that will be generated if this tax proposal is approved. We share the city's concern of not cutting back on vital "core services". If this proposed ballot measure is approved during the November 2018 election, the city will be able to maintain and expand the current services that are vital to its residents, and especially the local immigrant community, who is often excluded from decision making in local government. Therefore, we urge the city to consider including resident leaders to be part of the "oversight review committee" in this sales tax measure. We appreciate the partnership we've had with the City and City Staff over the years in addressing the everyday needs and issues of the most impacted communities of Santa Ana. We need to continue this tradition of"shared leadership" to continue to make Santa Ana a democratic place where local residents share in the decisions that affect their lives and shape the future of this city. Please communicate with Alexis Teodoro if you have any questions or for any follow up. He can be reached via email at or via phone at ( Thank you and we look forward to your response and to continuing to improve the city of Santa Ana together Sincerely, Ana Urzua Sustainability Director Santa Ana Building Healthy Communities Carlos Perea Director of Policy & Programs Resilience Orange County �2 CCH 9-3-i3 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY NOVEMBER 6, 2018 TO COINCIDE WITH THE STATEWIDE GENERAL ELECTION SCHEDULED FOR SUCH SAME DATE AND ORDERING THE SUBMISSION OF A PROPOSED AMENDMENT TO THE CITY CHARTER TO THE ELECTORS OF SAID CITY AT SAID ELECTION (MEASURE NO. — REQUIRE 2/3 VOTE OF THE CITY COUNCIL TO 'PROPOSE TAXES) WHEREAS, pursuant to authority provided by Section 3 of Article XI of the Constitution of the State of California, Section XXX of the Santa Ana City Charter, and Section 1415(a)(2) of the Elections Code of the State of California, the City Council of the City of Santa Ana desires to submit to the qualified electors of said City a proposed amendment to the Charter that increases the vote requirement necessary for the City Council to present to the voters most City Council sponsored proposals that impose, increase or extend a tax, from the current majority vote (in most cases) to a two-thirds vote of the total membership of the City Council; and WHEREAS, the City Council of the City of Santa Ana is authorized by the California Constitution, Section XXX of the Santa Ana City Charter, and by state statute to submit said proposed amendments to the Santa Ana City Charter to the qualified electors of said City at a special municipal election to be held the same date as the November 6, 2018 statewide general election; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That, pursuant to Section 3 of Article XI of the California Constitution, Section XXX of the Santa Ana City Charter and Section 1415(a)(2) of the Elections Code of the State of California, there is called and ordered to be held in the City of Santa Ana on Tuesday, November 6, 2018, a special municipal election for the purpose of submitting the following proposed Charter Amendment measure to the qualified voters of the City: The full text of the proposed Charter Amendment measure (with additions to and deletions from the current Charter text indicated thereon) is set forth on Attachment No. 1 attached hereto and incorporated herein by this reference as if set forth in full. Said proposed Charter Amendment measure shall appear upon the ballots for said municipal election in substantially the following form: MEASURE— Yes REQUIRE 2/3 VOTE OF THE CITY COUNCIL OPOSE TAXES. Shall Section XXX be o the Santa Ana City Charter to require at two-thirds vote of the total City Council membership in order to place City Council sponsored general or special tax proposals on a ballot for voter consideration? No SECTION 2. That the ballots to be used at the November 6, 2018 election shall be in a form and content required by law. SECTION 3. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That the polls for the election shall be open at seven o=clock a.m. of the day of the election and shall remain open continuously until eight o=clock p.m. of the same day when the polls shall be closed pursuant to Elections Code Section 10242, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That the notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in such time, form and manner as required by law. SECTION 7. That City staff are authorized and instructed to return to the City Council at a later date with resolutions requesting that the Orange County Board of Supervisors consolidate the special municipal election called in this resolution with the statewide general election held on November 6, 2018, authorizing the filing and establishing Priority of ballot arguments, authorizing the filing of rebuttal arguments and ordering that the City Attorney prepare an impartial analysis; such resolutions shall be presented to the City Council in time sufficient under statute to timely request consolidation and take the respective actions. SECTION 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Santa Ana this day of 2018 b the following roll call vote: y AYES: NOES: ABSENT: ABSTAIN: ATTEST CITY OF SANTA ANA By MAYOR OF THE CITY OF SANTA CITY CLERK OF THE CITY OF SANTA ANA Attachment No. 1 Full text of proposed Charter Amendment measure is on the following pages Attachment No. 1 to City Council Resolution Regarding Charter Amendment to Require 2/3 Vote of the City Council to Propose Taxes CHARTER AMENDMENT MEASURE NO. Section 1: TEXT OF AMENDMENT TO SANTA ANA CITY CHARTER. The City Charter of the City of Santa Ana is hereby amended as follows (underlining showing additions and stike-tltreugh showing deletions): Section XXXX City Council Sponsored Tax Proposals 2/3 Vote Requirement unless the ordinance or resolutionro osin to imposeLextend or increase suchtaxis approved by at least a two-thirds vote of the total members of the City Council As used in this section, the term "tax shall mean both a "general tax" and a "s ecial tax" as defined in Article 200 Section 1 subdivisions a and d reMectively, of the California Constitution Section 2: BALLOT DESCRIPTION. As provided in Government Code section 34458.5, the following ballot description is included in this proposed Charter Amendment measure: CHARTER AMENDMENT (Section XXXX): This Charter Amendment measure would amend the City Charter to add Section XXXX. Proposed Section XXXX would require any tax proposal sponsored by the City Council that imposes, extends or increases a tax to be approved by at least a two-thirds vote of the total membership of the City Council in order to be presented to the voters at an election, whereas presently only a majority vote of the City Council is required to place most tax measures on the ballot for voter consideration. The term "tax" in proposed Section XXXX means both "general" and "special" taxes as defined in Article X MC of the California Constitution. A "general tax" is defined in the California Constitution as a tax imposed for general governmental purposes. A "special tax" is defined in the California Constitution as a tax imposed for specific purposes, including a tax imposed for a specific purpose which is placed into a general fund. This amendment does not give the City Council power to raise its compensation or that of other City officials without voter approval. Section 3: SEVERABILlTy. It is the intent of the people that the provisions of this Charter Amendment measure are severable and that if any provision of this Charter Amendment measure, or the application thereof to any person or circumstance, is held invalid such invalidity shall not affect any other provision or application of this Charter Amendment measure which can be given effect without the invalid provision or application. Section 4; EFFECTIVE DATE, This Charter Amendment measure shall become effective in the manner allowed by law. Orozco, Norma From: Rigo Garcia < Sent: Tuesday, July 03, 2018 6:17 PM To: eComment Subject: Support sales tax from ward 3 I'm in support of the sales tax measure for the following reasons: Maintains critical services Additional funds can help update existing programs. Be able to retain talented staff and be competative. It's not enough to barely get by in just reducing expentidures. We need to have a healthy reserve of funds. The cost increase will not be a noticible difference. The voters should be allowed to decide, the cost to add the measure is minimal. Thanks for your consideration. Rigo Garcia Ward 3 L�