The URL can be used to link to this page

Home My WebLink AboutAgenda Report - July 6, 2016 I-02 ERTM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM t AGENDA TITLE: Adopt Resolutions Setting Priorities for Filing Written Arguments Regarding the Special Transactions and Use Tax Measures for Parks and for Public Safety (Police and Fire), Directing the City Attorney to Prepare an Impartial Analysis for Each Measure, and Providing for the Filing of Rebuttal Arguments for Each Measure Scheduled for the November 8, 2016 General Municipal Election MEETING DATE: PREPARED BY: July 6, 2016 City Clerk RECOMMENDED ACTION: Adopt resolutions setting priorities for filing written arguments regarding the special transactions and use tax measures for Parks and for Public Safety (Police and Fire), directing the City Attorney to prepare an impartial analysis for each measure, and providing for the filing of rebuttal arguments for each measure scheduled for the November 8, 2016 General Municipal Election. BACKGROUND INFORMATION: Two City measures are proposed to be placed on the November 8, 2016 General Municipal Election ballot: 1) Special Transactions and Use Tax for Parks and 2) Special Transaction and Use Tax for Public Safety (Police and Fire). It is necessary for the City Council to adopt the attached resolutions setting the priorities and deadlines for filing written arguments and rebuttal arguments for or against the measures submitted for the ballot, as well as directing the City Attorney to prepare an impartial analysis. The resolution authorizes all members of the City Council to file written arguments in favor or against the ballot measures The following deadlines are hereby established pursuant to the Elections Code. • Deadline for filing impartial analysis (not exceeding 500 words) — July 20, 2016 • Deadline for filing arguments (not exceed 300 words) — July 20, 2016 • Deadline for filing rebuttal arguments (not exceeding 250 words) — July 29, 2016 Arguments and rebuttal arguments must be filed in the City Clerk's Office on or before the deadline established, during normal office hours. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. JMF/pf Attachments nnifer M. erraiolo ity Clerk iNik APPROVED: `14411116 t �1 tephen c uer, City Manager RESOLUTION NO. 2016-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR EACH CITY MEASURE TO BE SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016 WHEREAS, a General Municipal Election is to be held in the City of Lodi, California, on November 8, 2016, at which there will be submitted to the voters the following measures: Shall the City of Lodi replace outdated playgrounds, repair eroded riverbank at Lodi Lake, repair and expand park trail systems, replace park restrooms and drinking fountains, and improve park parking lots, roadways, landscaping, and infrastructure, by enacting a one-eighth cent per dollar (0.125%) transactions and use ("sales") tax, estimated to raise $1,400,000 annually, to sunset in fifteen (15) years, with all revenue exclusively applied to these specific purposes, subject to citizen oversight and annual audit? YES NO Shall the City of Lodi fight crime and expand programs to reduce gang violence by hiring additional police and a gang intervention worker, restore downtown Fire Engine 1 service, and increase training, by enacting a one -Quarter cent per dollar (0.25%) transactions and use ("sales") tax, estimated to raise $2,800,000 annually, 64% to police, 36% to fire, sunset in 15 years, all revenue exclusively applied to these specific purposes, subject to citizen oversight and annual audit? YES NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes ALL members of the City Council to file written argument(s) In Favor or Against the above City ballot measures not exceeding 300 words each, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the California Elections Code. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(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 who is the author of the argument. The arguments shall be accompanied by the "Form of Statement to be Filed by Author(s) of Argument". SECTION 2. That the City Council directs the City Clerk to transmit copies of each of the ballot measures to the City Attorney. The City Attorney shall prepare an impartial analysis for each measure not exceeding 500 words, pursuant to Section 9280 of the California Elections Code. The impartial analysis for each ballot measure shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Dated: July 6, 2016 I hereby certify that Resolution No. 2016-128 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 6, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None i -y1 —_-&AA-Lbee3 NNIFEFJM. FERRAIOLO City Clerk (SEAL) 2016-128 RESOLUTION NO. 2016-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LODI, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016 WHEREAS, Section 9282 of the Elections Code provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and WHEREAS, Section 9285 of the Elections Code authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments, not to exceed 250 words in length, for city measures submitted at municipal elections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285(a)(1) of the Elections Code, when the elections official has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the measure to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. Pursuant to Elections Code section 9285(a)(3), 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 two -hundred fifty (250) words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument may not be signed by more than five authors (Elections Code section 9285(a)(5)). The rebuttal argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(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, no later than 10 days after the final date for filing direct arguments. The rebuttal argument(s) shall be accompanied by the "Form of Statement to be Filed by Author(s) of Argument". 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 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 8, 2016, and shall then be repealed. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. Dated: July 6, 2016 I hereby certify that Resolution No. 2016-129 was passed and adopted by the City Council of the City of Lodi in a regular meeting held July 6, 2016, by the following vote: AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ATTEST: NNIFER111. FERRAIOLO City Clerk (SEAL) aetfrldie,K MARK CHANDLER Mayor 2016-129