On October 8, 2019, the City Council adopted a resolution (Resolution 2019-0700) to submit to the voters, as part of the March 3, 2020 presidential primary election, a measure to increase the City’s transactions and use (sales tax) to 1.5% for 20 years for general purposes. Specifically, the ballot will ask the voters the following question:
“Shall the Ordinance to increase the City of Carmel-by-the-Sea’s current 1% sales tax to 1.5% to generate an estimated $4.5 million per year for 20 years to enhance the City’s green infrastructure of parks, trails, beaches and trees; invest in community facilities and spaces; maintain public safety and emergency preparation; fund capital needs; address pension liabilities and provide general City services, with all funds staying local, and with an annual independent audit, be adopted?”
Yes ( ) No ( )
Elections Code 9282(b) states that “[f]or measures placed on the ballot by the legislative body, the legislative body, or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any city measure.” Resolution 2019-070 authorized the City Council to file a written argument in favor of the Ordinance accompanied by the printed name(s) and signature(s) of the author(s) submitting it. Arguments in favor and against the measure are due to the City Clerk by November 8, 2019.
City Council Argument In Favor of Ordinance
This item is on the agenda for Council to review proposed written arguments in favor of the Ordinance and provide direction to staff regarding the argument desired to be submitted by the City Council. Once the argument is finalized as directed by the Council, and the members of the Council have affixed their name and signature to the argument and filed it with the City Clerk, the argument will be transmitted to the Monterey County Elections Department. Again, the argument must be submitted to the City Clerk by November 8, 2019.
Attachment #1 includes four possible arguments for Council’s consideration. Council may select one of these options or provide alternative language so that the argument may be finalized and transmitted to the County. Keep in mind that the argument is subject to a 300 word limit. As provided by Elections Code §9, the following rules apply with respect to the counting of words:
9. (a) Counting of words, for purposes of this code, shall be as follows:
(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in this section.
(3) All proper nouns, including geographical names, shall be considered as one word; for example, “City and County of San Francisco” shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one word.
(5) Hyphenated words that appear in any generally available standard reference dictionary, published in the United States at any time within the 10 calendar years immediately preceding the election for which the words are counted, shall be considered as one word. Each part of all other hyphenated words shall be counted as a separate word.
(6) Dates shall be counted as one word.
(7) Any number consisting of a digit or digits shall be considered as one word. Any number which is spelled, such as “one,” shall be considered as a separate word or words. “One” shall be counted as one word whereas “one hundred” shall be counted as two words. “100” shall be counted as one word.
(8) Telephone numbers shall be counted as one word.
(9) Internet Web site addresses shall be counted as one word.
Authors of City Council Argument In Favor of Ordinance
In addition, staff seeks direction regarding the argument’s signatories. As specified within Elections Code Section 9283, the ballot argument is required to be “accompanied by the printed name and signature or printed names and signatures of the author or authors 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. No more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five authors, the signatures of the first five shall be printed.”
Council has the option of having the entire Council sign the argument or having the argument signed by one or more representative(s) of Council.
Release of City Council Rebuttal Argument- Authors
Per Elections Code Section 9285(a)(2), “[t]he author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument.” Rebuttal arguments are due to the City Clerk by November 22, 2019. Rebuttal arguments only become relevant if there are arguments for and against the sales tax measure filed with the City Clerk by November 8, 2019.
Pursuant to Resolution 2019-070, the City Council authorized each member of the Council to release the rebuttal argument to individual voters within the community. Due to the timing associated with the rebuttal period, if rebuttal arguments become relevant, staff recommends that the City Council designate the person(s) that will prepare and sign the rebuttal argument. Note, however, if the Council is not prepared to identify members of the community to whom they wish to release their rebuttal argument to at this time, there is no need to do so. Nevertheless, be mindful that the members of the Council will need to advise the City Clerk at some point before the submission of the rebuttal argument, which has a deadline of November 22, 2019, who they have released their argument to. The City Clerk will have a form for the members of the Council to fill out and sign where they identify the individuals they have so designated.