HomeMy WebLinkAboutReso 2018-023RESOLUTION NO. 2018-023
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; and
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Resolution No. 2018-023
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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 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 to 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, by 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?
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 Sectio n 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.
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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
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of February 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: McCann
Mary Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-023 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of February 2018.
Executed this 13th day of February 2018.
Kerry K. Bigelow, MMC, City Clerk
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