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HomeMy WebLinkAbout24288 RESOLUTION NO. 24288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING PROCEDURES FOR FILING WRITTEN ARGUMENTS REGARDING TWO (2) CITY MEASURES AT THE NOVEMBER 7, 2017, GENERAL MUNICIPAL ELECTION, A GENERAL TRANSACTIONS AND USE TAX, AND A CANNABIS BUSINESS ACTIVITY AND CULTIVATION TAX, AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES FOR BOTH MEASURES. WHEREAS, a General Municipal Election is to be held in the City of Palm Springs, California on November 7, 2017, at which there will be submitted to the voters the following questions and measures: MEAURE D Palm Springs Essential Services / Public Safety Measure To maintain essential city services, including rapid 911 emergency response, fire/police protection, add paramedic YES services, keep fire stations open/staffed, address homelessness, repair local streets/potholes, improve rapid response to assault, burglaries/crimes, keep public areas safe/clean, maintain senior services, attract/retain jobs/business, increase water conservation; shall the City of Palm Springs establish a '/2 cent sales tax; requiring annual NO independent audits/public oversight; all funds used locally? MEAURE E Palm Springs Cannabis Business Taxation Shall Palm Springs update the existing gross receipts tax on YES medical cannabis collectives and cooperatives to apply to all medical and adult-use cannabis businesses, apart from cultivation businesses, which will be taxed at a rate up to 10 dollars per square foot, with all revenue used in Palm Springs to maintain and improve essential city services, including NO public safety and youth drug prevention education; requiring annual independent audits and public oversight? Resolution No. 24288 Page 2 WHEREAS Article 4, Chapter 3, Division 9 of the California Elections Code provides for the filing of written arguments and rebuttal arguments for City measures submitted at municipal elections. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council authorizes any and all members of the City Council to file a written argument in Favor OR Against either or both of the City measures, accompanied by the printed name(s) and signature(s) of the person(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, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed by the City Clerk, after which no arguments for or against the City measures may be submitted to the City Clerk. No argument shall exceed 300 words in length. SECTION 2. Pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the City measures which will be printed and distributed to the voters, if any, the City 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 in favor. The authors may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the person(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. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 3. Any written argument or rebuttal argument filed with the City Clerk shall be accompanied by the Statement of the Author Form required by Section 9600 of the California Elections Code. The City Clerk shall provide such form upon request. SECTION 4. The City Council directs the City Clerk to transmit a copy of both of the City measures to the City Attorney. The City Attorney shall prepare an impartial analysis of each of the City measures, each analysis not to exceed 500 words, showing the effect of the City measure in question on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. The City Clerk shall print, or cause to be printed, in the Official Sample Ballot, the entire text of the arguments for or against both of the City measures, if any, and the rebuttal arguments, if any, in uniform type, style, and spacing. Resolution No. 24288 Page 3 PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 26" DAY OF JULY, 2017. David H. Ready, City Manager ATTEST: , N- n Kathleen D. Hart, MMC Interim City Clerk APPROVED AS TO FORM: Edward Z. Kotkin City Attorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24288 is a full, true and correct copy, and was duly adopted at an adjourned regular and special meeting of the City Council of the City of Palm Springs on the 26th day of July, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None �- RECUSED: None -- Kathleen D. Hart, MMC Interim City Clerk