HomeMy WebLinkAbout2026-035 - Place Ballot Measure November 3, 2026 General Municipal Election RESOLUTION NO. 2026-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 3, 2026 AND CALLING FOR THE
PLACEMENT ON THE BALLOT OF A MEASURE FOR
SUBMISSION TO THE QUALIFIED VOTERS OF A
PROPOSED ORDINANCE AMENDING THE LOCAL
GENERAL TRANSACTIONS AND USE TAX TO REMOVE
THE RATE REDUCTION AND THE
SUNSET PROVISION
WHEREAS, pursuant to California Elections Code Section 9222, the City Council has
authority to place measures on the ballot to be considered at a General Municipal Election;
and
WHEREAS, pursuant to the law of the State of California, the City Council has, by
Resolution No. 2026-021, called and ordered to be held in the City of Santa Ana, California,
on Tuesday, November 3, 2026, a General Municipal Election; and
WHEREAS, Revenue and Taxation Code Section 7285.9 authorizes the City of Santa
Ana ("City"), subject to approval by a majority vote of the qualified voters of the City voting in
an election on the issue, to levy a transactions and use tax pursuant to the Transactions and
Use Tax Law at a rate of 0.125% or any multiple thereof for general purposes and projects;
and
WHEREAS, Section 2(b) of Article XIII C of the California Constitution, added by
Proposition 218 effective November, 1996, requires that the measure proposing a general
tax be submitted to the voters at an election consolidated with a regularly scheduled general
election for members of the governing body of the local government; and
WHEREAS, On November 6, 2018, Santa Ana voters approved Measure X to impose
a local transactions and use tax rate of 1.5% that became effective on April 1, 2019,
decreasing to 1.0% on April 1, 2029, and fully sunsetting on April 1, 2039; and
WHEREAS, the City of Santa Ana desires to ask its voters to make the local
transactions and use tax permanent at 1.5%, with no rate reductions, to preserve service
levels; and
WHEREAS, pursuant to California Constitution Article XIII C, Section 2 and Elections
Code Section 10201, the City has determined to submit a proposition to the voters at the next
regular election to amend the previously enacted ordinance approved by the voters to
remove the rate reduction from 1.5% to 1% which was to be effective April 1, 2029 and to
remove the sunset provision (April 1, 2039) from the local transactions and use tax.
Resolution No. 2026-035
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SANTA ANA, AS FOLLOWS:
Section 1. The City Council hereby finds and determines that the foregoing
recitals are true and correct and are hereby incorporated by reference.
Section 2. The California Elections Code directs that the City Council approve
the form of the ballot question to be submitted to the voters and the City Council of the
City of Santa Ana desires, on its own motion, to submit to the voters of the City the
following question at the General Municipal Election to be held on November 3, 2026
regarding a proposed amendment to the previously adopted Transactions and Use Tax
in Chapter 35 of the Santa Ana Municipal Code:
MEASURE # : SANTA ANA STREETS, PUBLIC SAFETY, Yes
ESSENTIAL CITY SERVICES MEASURE
To maintain city services, such as fixing potholes; keeping streets,
sidewalks, parks, and playgrounds safe and clean; removing graffiti and
litter; providing fire protection, paramedic, crime prevention, and 911 No
emergency response, shall City of Santa Ana's ordinance be amended to
maintain the 1.5 cent sales tax without sunset providing approximately
$84,000,000 annually for services until ended by voters, with independent
audits, resident oversight, and all money locally controlled?
Section 3. That the text of the Ordinance amendment to be submitted to the
voters is attached to this Resolution as Exhibit A and incorporated herein by this reference
("Ordinance").
Section 4. Should said measure be approved by the requisite vote, a majority
of the votes cast on it at the election, the Ordinance amendment attached hereto as
Exhibit A and incorporated by this reference shall be enacted.
Section 5. That pursuant to Elections Code Section 9280, the City Council
hereby directs the City Clerk to transmit a copy of the Ordinance to the City Attorney to
prepare an impartial analysis of the Ordinance which shall not exceed 500 words in
length. The impartial analysis shall show the effect of the Ordinance on existing law and
the operation of the Ordinance. It shall also include a statement indicating whether the
Ordinance was placed on the ballot by a petition signed by the requisite number of voters
or by the City Council. The impartial analysis shall be filed no later than the deadline for
direct arguments.
Section 6. In accordance with Sections 10002 and 10403 of the Elections Code,
the Board of Supervisors of Orange County is hereby requested to consent to the
Registrar of Voters rendering election services to the City as may be requested by the
City Clerk of said City, the County of Orange to be reimbursed in full for such services as
are performed. The Board of Supervisors of Orange County is also requested to consent
and agree to the consolidation of the General Election with any other election occurring
Resolution No. 2026-035
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on November 3, 2026, and the City hereby consents to any such consolidation and to
hold and conduct the consolidated election in the manner prescribed in Election Code
Section 10418.
Section 7. The election services which the City requests of the Registrar of
Voters, or such other official as may be appropriate to perform, and which such officer is
hereby authorized and directed to perform if the said Board of Supervisors consents,
include: the preparation, printing, and mailing of sample ballots and voter information
guides; the establishment or appointment of precincts, voting centers, and election
officers; opening and closing of voting centers, and making such publications as are
required by law in connection therewith; the furnishing of ballots, voting booths, and other
necessary supplies or materials for voting centers; the canvassing of the returns of the
election and the furnishing of the results of such canvassing to the City Clerk; and the
performance of such other election services as may be requested by said City Clerk.
Section 8. That the polls for the election shall be open at seven o'clock a.m. on
the day of the election and shall remain open continuously from that time until eight o'clock
p.m. of the same day when the polls shall be closed, pursuant to California Elections Code
Section 10242 and Section 14212, except as provided in California Elections Code
Section 14401 or any other provision of law. The precincts, ballot drop box locations and
hours of operations, vote center locations and hours of operations, vote-by-mail
procedures and timing, and election officers, an all other persons and procedures for the
General Municipal Election shall be the same as those utilized by the County of Orange.
Section 9. All persons qualified to vote at municipal elections in the City on the
day of the election herein provided for shall be qualified to vote on the Ordinance hereby
submitted at the General Municipal Election.
Section 10. In all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding general municipal elections in the City.
Section 11. Notice of the time and place of holding the General Municipal
Election is given and the City Clerk is authorized, instructed and directed to give further
or additional notice of the election, in the time, form and manner as required by law.
Section 12. The City Clerk shall receive the canvass as it pertains to the General
Municipal Election, and shall certify the results to this City Council, as required by law.
Section 13. If any section, subsection, sentence, clause, phrase or provision of
this Resolution or the application thereof to any person or circumstances is held invalid
or unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City Council
hereby declares that it would have passed this Resolution and each section, subsection,
sentence, clause, phrase or provision thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or provisions thereof be declared
invalid or unconstitutional.
Resolution No. 2026-035
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Section 14. Pursuant to California Elections Code Section 9295, this Resolution
and the attached Ordinance will be available for public examination for no fewer than ten
(10) calendar days prior to being submitted for printing in the voter information guide.
Section 15. This Resolution shall take effect immediately upon its adoption by a
majority of the City Council.
Section 16. The City Clerk of the City of Santa Ana is hereby directed to certify
to the passage and adoption of this Resolution and to file a certified copy of this Resolution
with the Board of Supervisors of Orange County and the Registrar of Voters of Orange
County at least eighty-eight (88) days before the date of the election.
ADOPTED this 7th day of July, 2026.
V leri Amezc
M yor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By. &VIO-,
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Phan, Vazquez (5)
NOES: Councilmembers Lopez, Penaloza (2)
ABSTAIN: Councilmembers None (0)
ABSENT: Councilmembers None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2026-035 to be the original resolution adopted by the City Council of the City of Santa
Ana on July 7, 2026.
Date: '
ennifer L all
City C Electio s Official
iyofSan
Resolution No. 2026-035
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EXHIBIT A
ORDINANCE NO. NS--XXXX
MEASURE " "
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
SANTA ANA AMENDING PORTIONS OF ARTICLE VII OF CHAPTER 35
OF THE SANTA ANA MUNICIPAL CODE RELATED TO
A PREVIOUSLY ADOPTED TRANSACTIONS AND USE TAX
ALREADY ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
The People of the City of Santa Ana do ordain as follows:
SECTION 1. Authority. The People of the City of Santa Ana hereby adopt this ordinance
amending portions of Article VII of Chapter 35 of the Santa Ana Municipal Code modifying
a previously adopted Transactions and Use Tax in accordance with the authority granted
to cities by Article XI, Section 7 of the California Constitution and Section 7285.9 of the
California Revenue and Taxation Code (underlined language is added and stricken
language is deleted in 6trikethre g!4.)
SECTION 2. Section 35-204 of Article VII of Chapter 35 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 35-204. - Imposition of transactions and use tax—Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby
imposed upon all retailers in the incorporated territory of the city at the rate of one
and one half cents (1.5) of any gross receipts of the retailer from the sale of all
tangible personal property sold at retail in the city on and after the operative date of
this article unto! MaFGh-c3� 2029 and than at the rate of eno none (1) until MaFGh 31
-�e v wiian a a��v uav vi vnv Gent urrc
2039.-
SECTION 3. Section 35-206 of Article VII of Chapter 35 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 35-206. - Imposition of use tax—Use tax rate.
An excise tax is hereby imposed on the storage, use, or other consumption in
the city of tangible personal property purchased from any retailer on or after the
operative date of this article, at the rate of one and one-half cents (1.5) of the sales
price of the property subject to the tax until MaFGh-31, 2029 and then at the rate ,.�
®Re Gent (1) of the Fite of thepreperty subjeGt caorthv case I Intil A.4aFGh 31,
20,39. The sales price shall include delivery charges when such charges are subject
to state sales or use tax regardless of the place to which delivery is made.
Resolution No. 2026-035
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SECTION 4. Section 35-213 of Article VII of Chapter 35 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 35-213. —Reserved. Termination
SECTION 5. Section 35-217 of Article VII of Chapter 35 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 35-217. — Reserved. SuR6et prn.ricinn-
On MaFGh 31, 2029, the Fate of one and one half Gents (1.5) will be redUGed te
ene Gent (1) until MaFGh 31, 2039 feF a tetal of twenty (20) years.
SECTION 6. If any section, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional by a decision of a court of competent jurisdiction,
such decision shall not affect the validity of the remaining provisions of this Ordinance.
The People of the City of Santa Ana hereby declare that they would have adopted this
Ordinance irrespective of the invalidity of any particular portion thereof and intends that
the invalid portions should be severed and the balance of the Ordinance be enforced.
SECTION 7. Pursuant to California Elections Code section 9222, this Ordinance must
be approved by a majority of the eligible voters of the City of Santa Ana voting at the
General Municipal Election of November 3, 2026.
SECTION 8. This Ordinance shall become effective ten days (10) days after the City
Council has certified the results of the General Municipal Election by resolutions.
SECTION 9. Following the City Clerk's certification that the citizens of Santa Ana have
approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall
cause the same to be entered in the book or original ordinances of said City; and shall
cause the same, or a summary thereof, to be published as required by law.
PASSED, APPROVED, and ADOPTED by the People of the City of Santa Ana this 3rd
day of November, 2026.
Mayor
ATTEST:
City Clerk
Resolution No.2026-035
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