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HomeMy WebLinkAbout2026-32 - Resolution Consolidating Election for Ballot MeasureCITY OF COSTA MESA RESOLUTION N0. 2026-32 A RESOLUTION OF THE CIT COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, WITH THE ST ATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 0F THE ELECTIONS CODE WHEREAS, the City Council of the City of Costa Mesa called a General Municipal Election to be held on November 3, 2026 for the purpose of submitting a proposed ordinance to the voters of the City of Costa Mesa for their consideration; and WHEREAS, the City Council of the City of Costa Mesa is submitting to the voters of the City of Costa Mesa a question relating to the adoption of a proposed ordinance; 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, vote centers, and election officers of the two elections be the same, and that the Orange County Registrar of Voters canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FOLLOWS: THE CITY OF COSTA MESA, DETERMINE, AND ORDER AS SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General Election on Tuesday, November 3, 2026, for the purpose of submitting to the voters of the City of Costa Mesa a question relating to the adoption of a proposed ordinance. SECTION 2. That the following measure is to appear on the ballot as follows: Resolution No. 2026-32 Page 1 of 3 Measure __: The Costa Mesa Fair Business License Reform, Small Business Protection Measure Response Vote Without taxing residents, shall the measure be adopted, updating Costa Mesa's 41-year-old business license tax, ensuring large businesses pay their proportionate share and helping fund general city services including keeping public areas safe/clean; preventing crime/burglaries; addressing homelessness; maintaining Costa Mesa's financial stability; revising the tax rate to 50<t per $I,000 gross receipts, with no increase for small businesses; generating approximately $5,600,000 annually until ended by voters, requiring audits, spending disclosure, funds locally controlled? Yes No SECTION 3. That the proposed complete text of the ordinance to be submitted to the voters is attached as Exhibit A. SECTION 4. That the vote requirement for the measures to pass is a majority (50% +1 ) of the votes cast. SECTION 5. That the Orange County Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide election. SECTION 6. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 7. That the City of Costa Mesa recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs for services upon the presentation of a properly submitted bill. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County election department of the County of Orange. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Resolution No. 2026-32 Page 2 of 3 PASSED, APPROVED, AND ADOPTED THIS 22'd DAY OF JULY, 2026. ATTEST:APPROVED AS TO FORM: %Bremynda6GreenCkltyClerk Kimberly Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY' OF ORANGE ) CITY OF COSTA MESA ) SS 1, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing Resolution No. 2026-32 was duly passed and adopted by the City Council of the City of Costa Mesa at the adjourned regular meeting held on the 22nd day of July, 2026, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: GAMEROS, MARR, REYNOLDS, CHAVEZ, AND STEPHENS. NOES: COUNCIL MEMBERS: BULEY AND PETTIS. ABSENT: COUNCIL MEMBERS: NONE. IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 23rd day of July, 2026. BRENDA GREEN)CITY CLERK Resolution No. 2026-32 Page 3 of 3 CITY-SPONSORED INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The City Council for the City of Costa Mesa submits the following measure to the voters of the City for approval and enactment: The People of Costa Mesa find: (a) The City of Costa Mesa's business license tax was first adopted in 1985, and requires all business to obtain a business license to operate in the City. (b) The purpose of the business license tax is to raise revenue for the City to provide for the public safety services, transportation network such as roads and sidewalks, and other services provided to the businesses within the City. (c) The business license tax is based upon the gross receipts of each business. (d) The maximum business license tax imposed by the City since 1985 is $200, regardless of how much revenue a business earns. (e) Over time, the business license tax cap of $200 has shifted a larger and larger portion of the total business license tax onto smaller businesses, while companies earning millions pay no more than $200. (f) Reform is needed to fairly set the business license tax to protect small businesses from increases, while requiring larger businesses to pay their fair share of taxes for the services they receive. NOW, THEREFORE, THE PEOPLE OF THE CITY OF COSTA MESA DO ORDAIN AS FOLLOWS: SECTION 1, Code Amendment. This ordinance amends the Costa Mesa Municipal Code as follows, and supersedes any provisions that are inconsistent with this ordinance, and shall be known as "The Costa Mesa Fair Business License Reform, Small Business Protection Measure," and shall be referred to herein as the "Measure." SECTION 2. Purpose. The purpose of the Measure is to revise the Costa Mesa Municipal Code to retain the current business license tax for businesses earning $500,000 or less, and update the business license tax to fiffy cents per one thousand dollars of gross receipts for businesses with annual gross receipts exceeding $500,000, subject to a maximum annual tax of fifteen thousand dollars for businesses earning $30 Million dollars or more annually. SECTION 3. Section 9-25 of Chapter 1 of Article 9 of the Costa Mesa Municipal Code is amended to read: Every business not otherwise provided for in this article shall pay a business tax based upon the annual gross receipts of the business according to the following schedule: Total Gross Receipts From To $0 $1,000 $0 [no change] $1 ,QC)1 $25,000 $25 [no change] $25,001 $40,000 $35 [no change] $40,001 $75,000 $45 [no change] $75,001 $200,000 $60 [no changel $200,001 $500,000 $100 [no change] $500,001 $1 ,000,000 Rate of $0.50 per $1,000$1 ,000,001 $5,000,000 $5,000,001 $30,000,000 Greater than $30,000,000 Maximum Rate $15,000 SECTION 4. The City Council may, by adoption of an ordinance, decrease the rate or total tax for a particular category or sub-category of business based on its determination that such lower rate or total is warranted by differing economic conditions affecting such businesses, provided, however, that nothing herein shall prohibit re-imposition up to the maximum rate or tax on such businesses by subsequent ordinance. SECTION 5. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 6. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The People of the City of Costa Mesa hereby declare that they would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. Effective Date. This Ordinance shall take effect according to law ten days after certification of the election at which it is adopted. SECTION 8. Publication. Upon approval by the voters, the City Clerk is directed to certify the passage of this Ordinance and cause it to be published in the manner required by law.