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HomeMy WebLinkAbout50A - 2004 GEN. MUNICIPIAL ELECT REQUEST FOR COUNCIL ACTION ev COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: JUNE 21, 2004 TITLE: APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 1s1 Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For NOVEMBER 2, 2004 GENERAL MUNICIPAL ELECTION OF CERTAIN OFFICERS AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO AN INCREASE v~m.~~: CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Adopt an ordinance ordering, calling, and giving notice of a General Municipal Election to be held in the City of Santa Ana on November 2, 2004 for the election of certain officers and for the submission to the voters of a question relating to an increase in the Hotel Visitors' Tax 8 from 9% to 11%. 2. Adopt a resolution requesting the Board of Supervisors of Orange County to consolidate the General Municipal Elections of the City of Santa Ana with the State's General Election. 3. Adopt a resolution establishing be submitted to the electorate Election. a charge for candidates' statements to in the November 2004 General Municipal 4. Adopt a resolution authorizing Councilmembers to file written arguments for the City measure relating to an increase in the Hotel Visitors' Tax. 5. Direct the City Attorney to prepare an impartial analysis of the ballot measure. 6. Direct the Clerk of the Council to prepare guidelines for preparation of arguments for the ballot measure, fix a date for the submission of arguments, and post the notice for the argument process in accordance with the provisions of the California State Elections Code. DISCUSSION ~ order to conduct an election, State law requires the City Council to adopt an ordinance calling for a general municipal election. The subjectordinance establishes November 2, 2004 as the date for the election of the Mayor and Members of Wards I, 3, and 5 of the City Council. 50A-1 General Municipal June 21, 2004 Page 2 Election In connection with this election, candidates for Mayor and the City Council may choose to have a candidate's statement sent to each voter as part of the Voter Information Pamphlet. Candidate statements are produced at the candidate's option, not mandated, and the State Elections Code allows the Council to establish a charge to be levied against candidates in order to recover the cost of printing, handling and mailing these statements. The Orange County Registrar of Voters has advised the City that the estimated cost to individual candidates for the November 2004 Election is $1,891. The adoption of the recommended resolution will establish this charge for these services. The ordinance calling for the general municipal election also provides for the submission of a question relating to an increase in the Hotel Visitors' tax rate from 9% to 11%. This tax increase is proposed in connection with the 2004-2005 budget to help address a projected deficit of expenditures exceeding revenues by approximately $25 million. In addition to the proposed Hotel Visitors' Tax increase, the budget proposal responds to the challenge through a balanced approach of increasing revenues and decreasing expenditures. The text of the ballot measure question and the text of the proposed measure to be adopted by the voters is included in the ordinance. California State Elections Code Section 9281 provides that arguments for and against any city measure may be submitted to the qualified voters of the city. The Elections Code specifies that the legislative body, or any member or members of the legislative body authorized by that body, may submit a written argument for or against the measure. This section further authorizes any individual voter or bona fide association of citizens to write arguments, however, the Elections Code specifies that members of the Council would be given preference and priority, if authorized by the City Council. The subject resolution would give that authorization to any member of the Council desiring to submit an argument. The procedures for filing ballot arguments are detailed in the Elections Code. The elections official is required to fix a date after which no arguments for or against any city measure may be submitted for printing and distribution to the voters. These procedures, as well as general guidelines for preparing arguments should be provided in a notice prepared by the Clerk of the Council. Whenever any city measure qualifies to be on the ballot, the City Council may direct the City Attorney to prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure (Elections Code § 9280). The analysis is printed in the Voter Information Pamphlet preceding the arguments for and against the measure. The analysis can not exceed 500 words in length. Finally, pursuant to Section 10403 of the California Elections Code, the City Council is required to formally request consolidation of the City's general election with the State's general election. The subject resolution 50A-2 General Municipal Election June 21, 2004 .age 3 fulfills this requirement by requesting that the Board of Supervisors of Orange County consolidate the general election of November 2, 2004 and authorizes the Board of Supervisors to canvass the election returns. FISCAL IMPACT The cost to consolidate the general municipal election with the State's general election is estimated to be $80,000. Funds for these administrative costs will be available in the 2004-05 Fiscal Year budget in the Clerk of the Council Other Agency Services Account (Account no. 11-021-6251). APPROVED AS FUNDS AND ACCOUNTS: Patricia Clerk of 8 Healy the Council Rod R. Col ma, Executive Director Finance and Management Services 8 50A-3 ORDINANCE NO. NS-2654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CALLING FOR AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON NOVEMBER 2,2004 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO AN INCREASE IN THE RATE OF THE HOTEL VISITORS' TAX. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby finds, determines and declares that under provisions of the Charter of the City of Santa Ana, a General Municipal Election shall be held on November 2, 2004 for the election of municipal officers. SECTION 2: That pursuant to the requirements of the Charter, there is called and ordered to be held in the City of Santa Ana, California, on Tuesday, November 2, 2004, a General Municipal Election for the purpose of electing a Mayor for the full term of two years; and Members of Wards 1, 3,and 5 of the City Council for the full term of four years each. SECTION 3: That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question: Yes Shall the Hotel Visitors' Tax, paid by persons staying in Santa Ana hotels and motels, be increased No from 9% to 11 % to help preserve City services? SECTION 4: That the proposed complete text of the ordinance submitted to the voters is attached as Exhibit A. Resolution No. 2004-- Page 1 of 4 50A-4 8 8 8 SECTION 5: The said General Municipal Election shall be conducted in accordance with the Elections Code of the State of California, and the Clerk of the Council is hereby authorized and directed to take all actions necessary or appropriate with respect thereto, except to the extent such actions may be undertaken by the Registrar of Voters or the County of Orange upon consolidation of the said general municipal election with the statewide general election. SECTION 6: That the notice of the time and place of holding said General Municipal Election is hereby given, and the clerk of the Council is hereby authorized and directed to give such additional notice thereof as required by law. ADOPTED this day of ,2004 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Councilmembers NOES: Council members ABSTAIN: Councilmembers NOT PRESENT: Council members Resolution No. 2004-- Page 2 of 4 50A-5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2654 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Resolution No. 2004-- Page 3 of 4 50A-6 8 8 8 Exhibit A THE PEOPLE OF THE CITY OF SANTA ANA DO ORDAIN AS FOLLOWS: SECTION 1: Section 35-127(a) of Article V of Chapter 35 of the Santa Ana Municipal Code is hereby amended to read as follows (additions to existing code shown in underline and deletions in strikeout): Sec. 35-127. Tax imposed. (a) For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of nino (9) eleven í.1.U per cent of the rent charged by the operator. The tax constitutes a debt owed by the transient to the city that is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the finance director may require that such tax shall be paid directly to the finance director. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 ordinance. The People of the City of Santa Ana hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: This ordinance shall become effective only upon the approval by a majority of the voters of the City of Santa Ana at the November 2, 2004 general election. Resolution No. 2004-- Page 4 of 4 50A-7 RESOLUTION NO. 2004-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REQUESTING THE BOARD OF SUPERVISORS OF ORANGE COUNTY TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION OF THE CITY OF SANTA ANA WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general election of the City of Santa Ana will be held on November 2, 2004, for the purpose of electing a Mayor for the full term of two (2) years and Councilmembers from City Wards 1, 3 and 5 for the full term of four (4) years each ward. B. The City Council desires that a question relating to an increase in the Hotel Visitors' Tax rate from 9% to 11 % be submitted to the voters of the City of Santa Ana, and that this proposal shall appear on the ballot as follows: Yes Shall the Hotel Visitors' Tax, paid by persons staying in Santa Ana hotels and motels, be increased No from 9% to 11 % to help preserve City services? C. There will be a statewide general election on this same November 2, 2004. D. It is desirable that the general election for the City of Santa Ana be consolidated with the statewide general election to be held on the same date and that within the City of Santa Ana, the precincts, polling places and election officers be the same for both elections, and that the Board of Supervisors of the County of Orange canvass the retums for both elections, in all respects as if there was only a single election. Resolution No. 2004-- Page 1 of 3 50A-8 8 8 8 Section 2. That pursuant to the requirements at Section 10403 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consent to and order the consolidation with the general election of November 2, 2004, of a general election of the City of Santa Ana to be held upon the same date for the purpose of electing the mayor and council members from City Wards 1, 3, and 5 and for the submission to the voters a question relating to an increase in the Hotel Visitors' tax rate from 9% to 11 %. Section 3. The Board of Supervisors of the County of Orange is hereby authorized to canvass the returns of said general municipal election pursuant to Section 10411 of the Elections Code of the State of California. Section 4. The City of Santa Ana recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County of Orange for any such costs. Section 5. The Clerk of the Council is hereby directed to file a certified copy of this resolution with the Board of Supervisors of the County of Orange and a certified copy of this resolution with the Registrar of Voters of the County of Orange. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _day of June 2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney Resolution No. 2004- Page 2 of 3 50A-9 AYES: Councilmembers: NOES: ABSTAIN: Councilmembers: Councilmembers: NOT PRESENT: Council members: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-039 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 50A-10 Resolution No. 2004-- Page 3 of 3 18 8 8 RESOLUTION NO. 2004-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A SYSTEM FOR CANDIDATES WHOSE STATEMENTS ARE SUBMITTED TO THE ELECTORATE IN THE 2004 GENERAL ELECTION TO PAY THE PRO RATA SHARE OF THE COST OF INCLUSION OF THE STATEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 13307(c) of the Elections Code of the State of California authorizes the governing body of any local agency to require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter's pamphlet. B. Prior to the period in which candidate statements may be filed, the Clerk of the Council shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements and shall determine the pro rata share of each candidate filing a statement based upon such estimate. The payment in advance by each such candidate of his or her pro rated share shall be a condition of having his or her statement included in the voter's pamphlet. Section 2. The City Council hereby approves the process whereby: A. Prior to the period in which candidates' statements may be filed, the Clerk of the Council shall determine a reasonable deadline date for the payment of such pro rata share amount as necessary for timely preparation of the voter's pamphlet, and shall inform each candidate of the requirement to make such payment prior to such date at the time of filing of the statement. B. The Clerk of the Council's receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the Clerk of the Council shall not be bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the Clerk of the Council may require the candidate to pay the Resolution No. 2004-- Page 1 of 2 50A-11 balance of the cost incurred. In the event of overpayment, the Clerk of the Council shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. C. That the Clerk of the Council shall provide each candidate or the candidate's representative a copy of this resolution at the time when nominating petitions are issued by the Clerk. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _day of June 2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Councilmembers: NOES: ABSTAIN: Councilmembers: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-040 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2004- Page 2 of 2 50A-12 8 8 8 RESOLUTION NO. 2004-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR A CITY MEASURE, AND RESCINDING RESOLUTION NO. 79-20 RELATED TO REBUTTAL ARGUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. A general election of the City of Santa Ana will be held on November 2, 2004, at which there will be submitted to the qualified electors of the City the following City measure: Shall the Hotel Visitors' Tax, paid by persons staying in Santa Ana hotels and motels, be increased from 9% to 11 % to help preserve City services? B. That pursuant to the requirements at Section 9282 of the Elections Code of the State of California, the legislative body may authorize any member(s) of the City Council to write arguments for or against any measure. Section 2. The City Council, as the legislative body of the City of Santa Ana, hereby authorizes any member or members of the City Council (up to five members), to file a written argument for or against the City measure set forth above, and to change said argument until and including the date fixed by the Clerk of the Council after which no arguments for or against said City measure may be submitted. Section 3. City Council Resolution 79-20 related to submittal of rebuttal arguments is hereby rescinded. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2004- Page 1 of2 50A-13 ADOPTED this _day of June 2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Council members: NOES: ABSTAIN: Council members: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-041 to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2004-XXX Page 2 of 2 50A-14