1 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA ORDERING THE SUBMISSION, AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 AS CALLED BY CITY RESOLUTION NO. 2022-057, TO THE QUALIFIED
VOTERS OF THE CITY OF ANAHEIM OF A GENERAL TAX MEASURE SET FORTH IN A PROPOSED ORDINANCE ADDING CHAPTER 2.15
(ADMISSIONS TAX) TO TITLE 2 (TAXES) OF THE ANAHEIM MUNICIPAL
CODE TO ESTABLISH A TWO PERCENT ADMISSIONS TAX ON
ATTENDEES OF ENTERTAINMENT AND SPORTING EVENTS AT
PRIVATELY OPERATED OR MANAGED FACILITIES WITH A CAPACITY OF OVER 15,000 PEOPLE; REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF ORANGE TO INCLUDE THE GENERAL TAX MEASURE
IN THE CONSOLIDATED STATEWIDE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022; SETTING PRIORITIES AND
DEADLINES FOR THE FILING OF ARGUMENTS AND REBUTTAL
ARGUMENTS; AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS , the City of Anaheim (“Anaheim” or the “City”) is a full-service city supporting more than 346,000 residents, 24,000 businesses and 25 million annual visitors; and WHEREAS , the City provides quality neighborhood services, including public safety through the Anaheim Fire & Rescue and Anaheim Police Departments, reliable water and power services, highly-valued parks, community centers, family services and library services for families, seniors and youth, and transportation improvements and community revitalization; and WHEREAS , Anaheim’s diverse communities, and thriving tourism industry and business sector help support the City’s neighborhoods and make Anaheim a great place to live, work and play; and WHEREAS , Anaheim has several large entertainment venues operated/managed by private, for-profit corporations/entities, and, unlike many other cities, does not charge attendees of events at those venues an admissions tax (a tax on the price of the ticket for the privilege of attending the event); and
WHEREAS , establishment of an admissions tax would generate significant revenue for the City’s general fund, helping to finance the provision of vital City services; and WHEREAS , pursuant to California Government Code Sections 37100.5 and 37101, the City of Anaheim has the authority to propose a general tax subject to voter approval; and WHEREAS, pursuant to Section 9222 of the California Elections Code, the City Council has authority to place propositions on the ballot to be considered at a Municipal Election; and 2 WHEREAS, the proposed admissions tax is a general tax, the proceeds of which would be deposited into the City's general fund to pay for important City services such as police, fire and paramedic services, street operations and maintenance, library services, parks and recreation services and general municipal services to the public; and
WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be submitted to the electorate and approved by a majority (50% plus 1) vote of the qualified voters voting in the election; and WHEREAS, the proposed measure would establish/expand a general tax which is subject to Proposition 218; and
WHEREAS, pursuant to Proposition 218 (California Constitution Article XIIIC, §2(b)), any local election for the approval of a general tax must generally be consolidated with a regularly scheduled general election for members of the governing body of the local government; and WHEREAS, a General Municipal Election to be held on Tuesday, November 8, 2022 has been called by Resolution No. 2022-057, and the City Council desires to submit to the voters of the City the measure described herein at that election; and
WHEREAS, the City Council has previously requested by Resolution No. 2022-058 that the City’s General Municipal Election be consolidated with the Statewide General Election to be held on the same date, and that within the City precincts, polling places and election officers of the two elections be the same, that the Election Department of the County of Orange 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 also desires to include the measure described herein as part of that election process; and WHEREAS , the City Council also desires to establish deadlines and rules for the submission of written arguments and rebuttal arguments for and against the measure/ordinance in accordance with applicable California Elections Code procedures; and WHEREAS , the provisions of the proposed admissions tax are set forth in the measure/ordinance to be considered by the qualified voters, appended hereto as Attachment "1" (the “Measure") and by this reference made an operative part hereof; and WHEREAS , pursuant to Section 1208.1 of the Anaheim City Charter, a two-thirds (2/3) vote of the total members of the City Council is required to place the Measure on the November 8, 2022 ballot.
3 NOW, BE IT RESOLVED THEREFORE, THE CITY COUNCIL OF THE CITY
OF ANAHEIM, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein, and by this reference are made an operative part hereof.
SECTION 2. Submission of Ballot Measure. The City Council of the City of Anaheim, pursuant to its right and authority as contained in California Proposition 218 and California Elections Code Section 9222, hereby orders the Measure set forth in Attachment "1" and incorporated herein as if set forth in full to be submitted to the qualified voters of the City of Anaheim at the General Municipal Election to be held on Tuesday, November 8, 2022.
SECTION 3. Ballot Measure . In addition to any other matters required by law, the Measure shall be printed on the ballot in the following form:
YES
MEASURE ____
ANAHEIM ADMISSIONS TAX. Shall the City
of Anaheim establish a tax equal to 2% of the
admission (ticket) price on attendees of events at
privately operated or managed large (capacity
exceeding 15,000 people) sports and entertainment
facilities, generating $55 million to $82 million
annually to be used for general City services such
as police, fire and emergency response, street
maintenance, youth/senior services and parks, until
ended by the voters?
NO
SECTION 4. Election Procedures.
A. The ballots to be used at the election shall be in the form and content as required by law.
B. In accordance with Sections 10403 and 10418 of the California Elections Code, the City requested, by Resolution No. 2022-058, that the Board of Supervisors of Orange County consent to i) the consolidation of a General Municipal Election with the Statewide Primary Election on November 8, 2022, ii) having the County Election Department/Registrar of Voters render full election services to the City of Anaheim as may be requested by the City Clerk of the City, the County to be reimbursed in full for such services as are performed, and the City Council now hereby requests to include the measure described herein in this election process. 4 C. The full election services which the City Council has authorized, instructed and directed, by Resolution No. 2022-057, that the City Clerk coordinate with the County of Orange Registrar-Recorder/County Clerk, in order to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election, the City Council now hereby requests to include the measure described herein.
D. The polls for the election shall be open at seven o'clock a.m. of 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 14212, except as provided in Section 14401 of the Elections Code of the State of California.
E. In all particulars not recited in this Resolution , the election shall be held and conducted as provided by law for holding municipal elections in the City.
F. Notice of the 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.
G. All ballots shall be tallied at a central counting place and not at the precincts. The central counting place shall be at a County center as designated by the Orange County Registrar of Voters.
H. The Orange County Registrar of Voters is hereby authorized to canvass the returns of the election.
I. The City Clerk of the City of Anaheim shall receive the canvass from the County as it pertains to the election on the measure, and shall certify the results to the City Council, as required by law.
SECTION 5. Arguments and Impartial Analysis.
A. Pursuant to California Elections Code Section 9282(b), the City Council authorizes all members of the City Council to file a written argument in favor of or against the Measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change or withdraw the argument until and including August 2, 2022 by 5:00 p.m., after which no arguments for or against the Measure may be submitted to the City Clerk. Arguments in favor of or against the Measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include 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 5 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.
B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters including the preferences codified in California Elections Code Section 9287, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
If more than one argument in favor or more than one argument against the measure are timely submitted to the City Clerk and such arguments for or against the measure, respectively, are authorized by individuals and/or associations within the same priority group identified above, then the City Clerk shall give preference and priority to the argument initially filed with the City Clerk first in time.
C. Pursuant to Section 9280 of the California Elections Code, the City Council directs the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length , showing the effect of the Measure on the existing law. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the ballot measure as provided by law. The Impartial Analysis shall be filed by August 2, 2022 at 5:00 p.m. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the City Council. In the event the entire text of the Measure is not printed on the ballot or in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: "The above statement is an impartial analysis of the Measure . If you desire a copy of the Measure, please call the election official's office at (714) 765-5166 and a copy will be mailed at no cost to you."
D. That the provisions of this Section 5 herein shall apply only to the election to be held on November 8, 2022.
SECTION 6. Rebuttal Arguments.
A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Measure which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor . The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 12, 2022 by 5:00 p.m . The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed by Author(s) of Argument. Rebuttal arguments shall be printed in the same mann er 6 as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
B. The provisions of this Section 6 herein shall apply only to the election to be held on November 8, 2022.
SECTION 7. Placement on the Ballot . The full text of the Meas ure shall not be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Meas ure at no cost, upon request made to the City Clerk.
SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver cop ies of this Resolution, including the Measure attached hereto as Attachment "1" , to the Clerk of the Board of Supervisors of Orange County and to the Registrar of Voters of Orange County.
SECTION 9. Public Examination. Pursuant to California Elections Code Section 9295, the Measure 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. The Clerk shall post a notice of the specific dates that the examination period will run.
SECTION 10. CEQA. The City Council hereby finds and determines that the Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment , and therefore is not a project within the meaning of the California Environmental Quality Act ("CEQA ") and the State CEQA Guidelines, Section 15378(b).
SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 12. Execution of Ordinance. If the voters approve the Measure, the Mayor (or in his or her absence the Mayor Pro Tem) is hereby authorized to execute the ordinance adding chapter 2.15 to Title 2 of the Anaheim Municipal Code, attesting to its adoption by the People voting thereon on November 8, 2022.
SECTION 13. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.
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7 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this _______________day of _________________, 2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
BY _________________________________
MAYOR PRO TEM
OF THE CITY OF ANAHEIM
ATTEST:
______________________________________
CITY CLERK OF THE CITY OF ANAHEIM