Agenda Item No. 6B August 9, 2016 TO: FROM: SUBJECT: Honorable Mayor and City Council Members Laura C. Kuhn, City Manager Michelle A. Thornbrugh, City Clerk RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING A MEASURE TO RENEW AND MODIFY A TRANSACTIONS AND USE TAX TO THE GENERAL MUNICIPAL ELECTION TUESDAY, NOVEMBER 8, 2016; SETTING THE DEADLINE FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS AND DIRECTING IMPARTIAL ANALYSIS FOR ALL BALLOT MEASURES RELATED TO SAID ELECTION; REQUESTING THE SOLANO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID GENERAL MUNICIPAL ELECTION AND PROVIDE CERTAIN SERVICES OF THE REGISTRAR OF VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES DISCUSSION: At the City Council meeting of July 12, 2016 the Council adopted Resolution No. 2016-066, calling and ordering an election for the purpose of electing municipal officers, requesting the Board of Supervisors of Solano County to consolidate the election to be held on the same date and requesting that the Solano County Registrar of Voters provide election services. With the adoption of Ordinance 1899, the Council must add the Measure to the General Municipal Election, direct the City Attorney to prepare an impartial analysis and set regulations as to the filing of primary arguments and rebuttals for the Measure. The impartial analysis may not exceed 500 words and shall be filed by end of business August 16, 2016. The primary argument statements may not exceed 300 words. The rebuttals may not exceed 250 words, and the filing deadline is ten days after the filing of the arguments. The City Clerk recommends setting the deadline for arguments as August 19, 2016 and the deadline for rebuttals as August 29, 2016, in order to meet the Registrar of Voters deadlines. FISCAL IMPACT: The Registrar s preliminary estimate for election services is an additional.50 per registered voter for the measure. Vacaville s current registered voter population is 44,774 and the number of registered voters will fluctuate prior to being certified for the November election. The preliminary estimate for election services is $225,000. RECOMMENDATION: By simple motion, to adopt the subject resolution.
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING A MEASURE TO RENEW AND MODIFY A TRANSACTIONS AND USE TAX TO THE GENERAL MUNICIPAL ELECTION TUESDAY, NOVEMBER 8, 2016; SETTING THE DEADLINE FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS AND DIRECTING IMPARTIAL ANALYSIS FOR ALL BALLOT MEASURES RELATED TO SAID ELECTION; REQUESTING THE SOLANO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID GENERAL MUNICIPAL ELECTION AND PROVIDE ELECTION SERVICES OF THE REGISTRAR OF VOTERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election has been called by Resolution No. 2016-066 to be held on Tuesday, November 8, 2016 for the election of Municipal Officers; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to a transactions and use tax to be administered by the State Board of Equalization; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide General Election to be held on the same date, and that within the City, the precincts, polling places and election officers of the two elections be the same, and that the Registrar of Voters of the County of Solano canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, the Elections Code authorizes the City Council to request an impartial analysis of any ballot measure to be submitted to the voters; and WHEREAS, Elections Code 9282 provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length and requires the City Clerk to determine the deadline for submission of primary arguments for ballot measures submitted at municipal elections; and WHEREAS the Elections Code 9285 further sets forth procedures for the filing of rebuttal arguments not to exceed 250 words for ballot measures submitted at municipal elections including setting the deadline for 10 days after the final filing date for primary arguments; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VACAVILLE CALIFORNIA, DOES RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That, pursuant to the requirements of the laws of the State of California relating to general law cities, there was called and ordered to be held in the City of Vacaville, California, on Tuesday, November 8, 2016, a General Municipal Election for the purpose of electing two members of the City Council, one City Treasurer and one City Clerk for the full term of four years. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question to appear on the ballot substantially as follows:
"Vacaville Essential Services Protection Measure. To protect essential city services such as police programs to fight domestic violence, child/elder abuse, gang activity and neighborhood crime; fire/paramedic services for quick emergency response times; street lighting for safety; and other city services, shall City of Vacaville Ordinance No. 1899 be approved to renew a sales/use tax at a 3/4- cent rate for 20 years, providing approximately $14,700,000 per year in locally controlled funding that stays in Vacaville?" Yes No SECTION 3. That the proposed complete text of the measure (Ordinance No. 1899) submitted to the voters is as attached in Exhibit A to this Resolution which is incorporated by this reference. SECTION 4. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 5. That the City Clerk is authorized, instructed and directed to coordinate with the County of Solano Registrar of Voters to procure all official notices and printed matter necessary to properly and lawfully conduct the election. SECTION 6. That the ballots to be used at the election shall be in the form and content as required by law. SECTION 7. That the polls for the election shall be open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. SECTION 8. That notice of time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Solano is hereby requested to consent and agree to the consolidation of the General Municipal Election with the General Statewide Election on Tuesday, November 8, 2016, for the purpose of the election of two members of the City Council, one City Treasurer, and one City Clerk, as well as submission of a question to the voters as outlined in Section 2. SECTION 10. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
SECTION 11. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there is only one election, and only one form of ballot shall be used. SECTION 12. That the City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. SECTION 13. The City Clerk is directed to transmit to the City Attorney a copy of Ordinance No. 1899 and the City Attorney is directed to prepare an impartial analysis thereof consistent with applicable law by August 16, 2016. SECTION 14. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure and shall include a statement that the measure was placed on the ballot by the governing body. SECTION 15. The deadline for ballot arguments for or against the ballot measure, not to exceed 300 words in length, to be submitted to the City Clerk in accordance with Elections Code Section 9282 is hereby established as August 19, 2016. If more than one argument is submitted on a measure, the City Clerk shall select the argument and shall give preference in the order named, to arguments in accordance with Election Code 9287. SECTION 16. In accordance with Election Code Section 9285, the City Clerk, upon receipt of arguments and after the filing deadline, will immediately transmit copies to any known opposing parties who may then submit rebuttal arguments or may authorize in writing any other person or persons to prepare, submit or sign the rebuttal argument, not to exceed 250 words, by August 29, 2016. A rebuttal argument may not be signed by more than five authors and shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the authors(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Declaration by Author(s) form supplied by the City Clerk. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 17. All previous resolutions providing for the filing of rebuttal arguments for City measures, if any, are repealed. SECTION 18. That this resolution shall apply only to the election to be held on Tuesday, November 8, 2016, and shall then be without further effect. SECTION 19. That Resolution No 2016-066 shall remain in full force and effect as supplemented herein. SECTION 20. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voter s department of the County of Solano.
SECTION 21. That the City Clerk shall certify to the passage and adoption of this Resolution. I HEREBY CERTIFY that the foregoing resolution was introduced and passed at a meeting of the City Council of the City of Vacaville, held on the 9 th day of August, 2016, by the following vote: AYES: NOES: ABSENT: Council members None None ATTEST: By: Michelle A. Thornbrugh, City Clerk