Laserfiche WebLink
SECTION 11: Section 35 -178 of the Santa Ana Municipal Code is hereby added <br />such that it reads as follows: <br />Sec. 35 -178. Effect of State and Federal Reference /Authorization. <br />Unless specifically provided otherwise, any reference to a State or Federal <br />statute in this article shall mean such statute as it may be amended from time to <br />time, provided that such reference to a statute herein shall not include any <br />subsequent amendment thereto, or to any subsequent change of interpretation <br />thereto by a State or Federal agency or court of law with the duty to interpret such <br />law, to the extent that such amendment or change of interpretation would require <br />voter approval under California law, or to the extent that such change would result in <br />a tax decrease (as a result of excluding all or a part of a utility service, or charge <br />therefor, from taxation). Only to the extent voter approval would otherwise be <br />required or a tax decrease would result, the prior version of the statute (or <br />interpretation) shall remain applicable; for any application or situation that would not <br />require voter approval or result in a decrease of a tax, provisions of the amended <br />statute (or new interpretation) shall be applicable to the maximum possible extent. <br />To the extent that the city's authorization to collect or impose any tax imposed <br />under this article is expanded or limited as a result of changes in State or Federal <br />law, no amendment or modification of this article shall be required to conform the tax <br />to those changes, and the tax shall be imposed and collected to the full extent of the <br />authorization up to the full amount of the tax imposed under this article. <br />SECTION 12: Section 35 -179 of the Santa Ana Municipal Code is hereby added <br />such that it reads as follows: <br />Sec. 35 -179. No Increase in Tax Percentage or Change in Methodology Without Voter <br />Approval; Amendment or Repeal. <br />This article of the Santa Ana Municipal Code may be repealed or amended by <br />the city council without a vote of the People. However, as required by Chapter XIIIC <br />of the California Constitution, voter approval is required for any amendment <br />provision that would increase the rate of any tax levied pursuant to this article. The <br />People of the City of Santa Ana affirm that the following actions shall not constitute <br />an increase of the rate of a tax: <br />(1) The restoration of the rate of the tax to a rate that is no higher than that <br />set by this article, if the city council has acted to reduce the rate of the tax; <br />(2) An administrative or legislative action that interprets or clarifies the <br />methodology of the tax, or any definition applicable to the tax, so long as <br />such interpretation or clarification (even if contrary to some prior <br />interpretation or clarification) is not inconsistent with the language of this <br />article; <br />Ordinance No. NS -2860 <br />Page 9 of 13 <br />