HomeMy WebLinkAbout2018/02/13 Item 4 Reso B1. 2.13.18RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (A) AMENDING RESOLUTION NO.2018-004 CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON JUNE 5, 2018; (B) ORDERING SUBMISSION
TO THE QUALIFIED ELECTORS OF THE CITY, A MEASURE RELATING TO THE ESTABLISHMENT OF A ONE-HALF CENT GENERAL TRANSACTIONS AND USE TAX; (C) AUTHORIZING THE MAYOR TO SUBMIT BALLOT ARGUMENTS
IN FAVOR OF THE MEASURE; AND (D) DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, the City of Chula Vista ("City") may impose a local transactions and use tax increase for general purposes with the approval of the majority of voters in the City; and
WHEREAS, the City has adopted an ordinance adding Chapter 3.34 to the Chula Vista Municipal Code, entitled “Chula Vista One-Half Cent Transactions and Use Tax” (the “Ordinance”) and
WHEREAS, Chapter 3.34 of the Chula Vista Municipal Code establishes a general one-half cent transactions and use tax to be administered by the California Department of Tax and Fee Administration
(the “Sales Tax”); and
WHEREAS, the Ordinance, attached hereto and incorporated herein as Exhibit A, would implement the Sales Tax which, if approved by voters, would take effect no earlier than October 1,
2018; and
WHEREAS, in accordance with the provisions of the Chula Vista Charter and State law, a General Municipal Election was called by the City Council pursuant to Resolution No. 2018-004,
to be held on Tuesday, June 5, 2018; and
WHEREAS, the City Council desires to amend that Resolution in order to add the Sales Tax Measure to the June 5, 2018 ballot; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity
is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it is a financing decision without commitment to a specific project which may result in a potentially
significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA;
WHEREAS, pursuant to Revenue and Taxation Code Section 7285.9 and California Elections Code Section 9222, the City Council desires to submit the Ordinance to the electorate at the General
Municipal Election to be held on Tuesday, June 5, 2018; and
WHEREAS, the City Council desire to authorize the City Clerk to carry-out all actions necessary to
WHEREAS, the City Council also desires to authorize the Mayor to submit ballot arguments in favor of the measure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows:
SECTION 1. All of the foregoing recitals are true and correct.
SECTION 2. That the City Council pursuant to its right and authority, does hereby order submitted to the voters at the General Municipal Election on June 5, 2018, the following question:
Shall the measure Tto provide: faster responses to 9-1-1 emergency calls, increase neighborhood police patrols, reduce gang and drug-related crimes, address homelessness, improve firefighter,
paramedic and emergency medical response, and general city services, shall an ordinanceby enacting a ½ cent sales tax, until the voters decide otherwise, generating an estimated $17
million annually for City services, with all funds staying in Chula Vista, with citizen oversight and independent audits, be adopted by the City of Chula Vista?
YES
NO
This question requires the approval of a simple majority (50% plus 1) of those voting.
SECTION 4. That the proposed Ordinance to be submitted to the voters is attached as Exhibit "A" and incorporated into this resolution by this reference.
SECTION 5. That Resolution No. 2018-004 is hereby amended accordingly and the City Clerk is authorized, instructed, and directed to take all actions necessary to add the Sales Tax measure
to the June 5, 2018 ballot.
SECTION 6. Pursuant to California Elections Code Section 9282, the City Council hereby acknowledges its authority, and the authority of any individual voter who is eligible to vote on
the measure, or bona fide association of citizens, or any combination of voters and associations, to submit a written argument, not to exceed 300 words, for or against the measure,
and authorizes the Mayor to submit arguments in favor of the measures, on behalf of the City Council. Arguments must be submitted to the City Clerk, and may be changed until and including
the date fixed by the City Clerk, after which no arguments for or against the measure may be submitted, withdrawn or changed.
SECTION 7. Pursuant Elections Code section 9285, rebuttal arguments will be allowed. The rebuttal arguments may not exceed 250 words. Rebuttal arguments must be submitted to the City
Clerk, and may be changed until and including the date fixed by the City Clerk, after which no rebuttal arguments for or against the proposed measure may be submitted to the City Clerk.
This Section 7 is applicable only to the June 5, 2018 general election called by this resolution and, after that election, shall expire.
SECTION 8. Pursuant to California Elections Code Section 9280, the City Clerk is directed to transmit a copy of the measure to the City Attorney. The City Attorney is directed to prepare
an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial
analyses to the City Clerk by the date fixed by the City Clerk.
SECTION 9. The City Clerk is hereby directed to forthwith file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego
and to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the election.
SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution by a two-thirds vote of all members of the City Council, as required by Revenue & Taxation Code
section 7285.9, and file it with the City’s original resolutions.
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney