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HomeMy WebLinkAbout2014-017 - Authorizing City Council Members to Sumit Written ArgumentsRESOLUTION NO. 2014 -017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY COUNCIL MEMBERS TO SUBMIT WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSED ORDINANCE TO UPDATE AND MODERNIZE THE CITY'S UTILITY USERS TAX WHICH IS TO BE PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2014 WHEREAS, California Elections Code Section 9282 authorizes the filing of written arguments for or against City measures, and Elections Code Section 9287 establishes priorities for filing written arguments in favor of and against City measures; and WHEREAS, on April 15, 2014, the City Council adopted Resolution No. 2014- 015 authorizing the calling and placement on the ballot a proposed ordinance modernizing and reducing the UUT across the board to the rate of five and one -half (5 112) percent of all charges made for telecommunication, electricity, gas and water services to be submitted to the electors at the November 4, 2014 general municipal election; and WHEREAS, the City Council desires to authorize the filing of written arguments for and /or against the adoption of the following ballot measure proposing amendments to the Santa Ana City Municipal Code by the Mayor and /or other members of the City Council in accordance with Elections Code section 9282(b): "Shall the ordinance reducing and reforming the utility users tax YES for telephone, electricity, gas and water services from six (6) percent to five and one -half (5 1/2) percent be adopted ?" NO NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds, determines and declares as follows that: Section 1. The foregoing recitals are true and correct and are hereby incorporated by reference. Section 2. Authorization to Submit Arguments. Section 9282(b) of the Elections Code of the State of California provides that in a local election, the legislative body may authorize any member(s) of the City Council to write arguments for or against Resolution No. 2014 -017 Page 1 of 3 any measure placed on the ballot by the City Council. The City Council hereby authorizes the Mayor and /or City Council members to prepare and file written arguments in favor of or against the proposed ordinance described above Section 3. Authors. That, in accordance with Section 9283 of the Elections Code, the printed names and signatures of not more than five authors shall appear with any argument submitted in accordance with this resolution. Section 4. Argument not exceed 300 words. That, in accordance with Section 9282(c) of the Elections Code, any written argument in favor of or against the proposed ordinance described above shall not exceed 300 words. Section 5. City Council Preference and Priority. The City Council hereby authorizes and directs the Clerk of the Council to give preference and priority to any written argument for or against the City ordinance set forth above that includes a member or members of the City Council (up to five members), and then to other arguments as set forth in California Elections Code section 9287. Section 6. Deadline for Arguments. In accordance with California Elections Code section 9286(b), the deadline for filing with the City Clerk (and changing or withdrawing) arguments for or against the proposed ordinance described above shall be not later than 5:00 p.m. on April 29, 2014. Section 7. Certification. 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 15th day of April, 2014. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney ief Assistant City Attorney Resolution No. 2014 -017 Page 2 of 3 AYES: Councilmembers: Amezcua, Benavides, Martinez Pulido, Revna Sarmiento. Tinaiero (7) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: None (0) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Resolution No. 2014 -017 to be the original resolution adopted by the City Council of the City of Santa Ana on April 15, 2014. Date: �14-w %iw gt"dc' 'ID Maria D. Huizar, Clerk of the Council Resolution No. 2014 -017 Page 3 of 3