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HomeMy WebLinkAboutStaff Report 5.A 8/4/2014DATE: August 4, 2014 TO: Honorable Mayor and Members of Ple City Council through City Manager FROM: Eric W. Danly, City Attorney SUBJECT: City Council Consideration and Adoption of a Resolution Providing Direction Regarding Submission of a Ballot Argument for and a Rebuttal Argument Regarding a Ballot Measure on a 1% Transactions and Use Tax Applicable in the City of Petaluma to be Submitted to the Qualified Electors of the City at the November 4, 2014 Statewide General Election RECOMMENDATION Adopt a resolution providing direction regarding submission of a ballot argument for and a rebuttal argument regarding a ballot measure on a I% transactions and use tax applicable in the City of Petaluma to be submitted to the qualified electors of the City at the November 4, 2014 statewide general election. BACKGROUND On July, 21, 2014, the City Council introduced an ordinance ordering submission to qualified Petaluma voters at the November 4, 2014 general election of a I% transactions and use tax. As presented to the voters, the tax would be a general tax, with all proceeds to be placed in the City's general fund for use for governmental purposes such as a street and sidewalk maintenance and repair, traffic improvements like the Rainier Crosstown Connector/Interchange, flood protection, storm drainage, vehicle replacement, restoring public safety positions, and public facilities improvements, among others, with local control of tax proceeds, and independent review and reporting on expenditures. DISCUSSION In addition to directing that a 1% transactions and use general tax be placed on the November, 2014 ballot, the ordinance introduced July 21, 2014 also addressed actions necessary to consolidate the vote on the measure with the general election and conduct the election in accordance with the City Charter and the California Elections Code, including the preparation of an impartial analysis of the measure and submission of ballot arguments and rebuttals concerning the proposed tax measure. The ordinance provided that the impartial analysis prepared by the Agenda Review(: y�� City Attorney l Finance Direc or /� amity Manage�(l City Attorney not exceeding 500 words in length and ballot arguments concerning the measure not exceeding 300 words must be received by the City Clerk by 5:00 p.m. Monday, August 18, 2014, and that rebuttal arguments not exceeding 250 words must be received by the City Clerk by Thursday, August 28, 2014. 1. Impartial Analysis Elections Code section 9280 provides that the impartial analysis prepared by the City Attorney shall not exceed 500 words, and shall be printed preceding the arguments for and against a measure. Section 9280 also requires that if the entire text of a measure is not printed on the ballot or in the voter information of the sample ballot, a legend substantially as follows must be printed immediately below the impartial analysis in no less than 10 -point bold type: "The above statement is an impartial analysis of Ordinance or Measure . If you desire a copy of the ordinance or measure, please call the elections official's office at (insert telephone number) and a copy will be mailed at no cost to you." The impartial analysis concerning the tax measure will be made available shortly to assist any council members that are authorized to prepare ballot arguments or rebuttals concerning the measure. 2. Argument in Favor of Tax Measure Elections Code sections 9282 and 9283 permit the City Council to submit a written argument in favor of or against a ballot measure placed on the ballot by the City Council. The argument cannot exceed 300 words in length and may be signed by not more than five authors. As specified in Elections Code section 9282, the Elections Official must include the following statement on the front cover or heading of the ballot arguments: "Arguments in support or opposition of the proposed laws are the opinions of the authors." As specified in Elections Code section 9282 and the ordinance offering the tax measure, printed ballot arguments submitted to the voters must be titled either "Argument In Favor of Measure " or "Argument Against Measure _," (the blank space being filled only with the letter or number, if any, designating the measure). Section 40 of the City Charter provides that the City Council shall act by ordinance or resolution. Section 9287 of the Elections Code requires the Elections Official to give first preference to the argument for or against a city measure submitted by the legislative body or members of the legislative body authorized by that body. Attached to this staff report is a resolution that would authorize up to three City Council members to prepare, sign and file with the City Clerk by 5:00 p.m. on Monday, August 18, 2014, an argument in favor of the tax measure. Although Elections Code section 9283 permits up to five authors to sign a ballot argument, the attached resolution has been prepared to authorize up to a maximum of three argument authors to avoid the need for scheduling a special meeting for the authors to deliberate on and sign the argument. Under section 54952.2 of the Brown Act, any means used by a majority of the Council to deliberate or take action on an item within the Council's subject matter jurisdiction is a meeting subject to Brown Act requirements. Alternatively, the Council could authorize a subcommittee of up to 3 Council members to draft a ballot argument for discussion, approval and signing by up to five City Council members at a special meeting scheduled prior to 5:00 p.m. on Monday, August 18, 2014. 0 3. Rebuttal Argument to Arguments Against the Tax Measure The Council ordinance offering the tax measure requires that rebuttal arguments not exceeding 250 words concerning the measure must be received by the City Clerk by Thursday, August 28, 2014. Elections Code section 9285 provides that the author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument. As with ballot arguments, rebuttals may not be signed by more than 5 authors. The attached resolution would authorize up to three City Council members to prepare, sign and file with the City Clerk by 5:00 p.m. on Thursday, August 28, 2014 a rebuttal to any argument filed opposing the tax measure. As noted above, if the Council prefers, it may appoint a subcommittee to prepare a rebuttal argument to any ballot argument filed opposing the tax measure for consideration by the full Council and signature by up to five members at a special meeting scheduled prior to 5:00 p.m. on Thursday, August 28, 2014, FINANCIAL IMPACTS As indicated in the staff report contained in this agenda packet on adoption of the measure offering the tax measure, the cost of placing the measure on the ballot and inclusion of related election materials is estimated to cost between $18,400 and $46,100. In an attempt to reduce election related costs, the City Attorney's impartial analysis will be included in the ballot materials in lieu of the entire measure. In accordance with Elections Code section 9280, complete copies of the tax measure will be mailed on request at no cost to the requester. ATTACHMENTS I. Resolution Authorizing Preparation of a Ballot Argument for and a Rebuttal Argument Regarding a Ballot Measure on a 1% Transactions and Use Tax Applicable in the City of Petaluma to be Submitted to the Qualified Electors of the City at the November 4, 2014 Statewide General Election Resolution No. 2014 - N.C.S of the City of Petaluma, California Providing Direction Regarding Submission of a Ballot Argument for and a Rebuttal Argument Regarding a Ballot Measure on a I% Transactions and Use Tax Applicable in the City of Petaluma to be Submitted to the Qualified Electors of the City at the November 4, 2014 Statewide General Election WHEREAS, on July 21, 2014, the City Council of the City of Petaluma introduced Ordinance no. N.C.S. , an Ordinance of the City of Petaluma on the Subject of a 1% Transactions and Use Tax Applicable in the City of Petaluma: Ordering the Submission of the Transactions and Use Tax to the Qualified Electors of the City at the General Municipal Election to be Held on Tuesday, November 4, 2014: Approving the Ordinance in Accordance with Revenue and Taxation Code Section 7285.9; Requesting the Sonoma County Board of Supervisors to Consolidate Said Election with the November 4, 2014 Statewide General Election; and Providing for Submission of Ballot Arguments and Rebuttals; and WHEREAS, on August 4, 2014, the City Council adopted Ordinance no. N.C.S.; and WHEREAS, in accordance with California Government Code section 36937 and section 76A of Title XII of the Petaluma Charter, Petaluma ordinances calling or otherwise relating to an election take effect immediately; and WHEREAS, Elections Code sections 9282 and 9283 permit the City Council to submit a written argument, not exceeding 300 words, in favor of or against a ballot measure placed on the ballot by the City Council; and WHEREAS, Elections Code section 9285 provides that the author or a majority of the authors of an argument relating to a city 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 1. Council Members I , and are hereby authorized in accordance with California Elections Code section 9282 and 9283 to prepare, sign and file in the office of the Petaluma City Clerk by 5:00 p.m., Monday, August 18, 2014, a ballot argument not exceeding 300 words in favor of the transactions and use tax measure approved for placement on the November 4, 2014 general election ballot pursuant to Ordinance No. N.C.S. 2. Council Members I , and are hereby authorized in accordance in accordance with California Elections Code section 9285 to prepare, sign and file in the office of the Petaluma City Clerk by 5:00 p.m. on Thursday, August 28, 2014, a rebuttal argument not exceeding 250 words to any argument filed against the transactions and use tax measure approved for placement on the November 4, 2014 general election ballot pursuant to Ordinance No. _ N.C.S. 3. The City Clerk, as Elections Official of the City of Petaluma, is hereby authorized and directed take all steps necessary and appropriate to receive, file and publish such Ballot arguments and rebuttals in accordance with this resolution, and applicable provisions of the Petaluma City Charter, the California Elections Code, and other applicable law.