HomeMy WebLinkAboutReso 2009-012RESOLUTION NO.2009-012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CALLING AND GIVING NOTICE OF A
SPECIAL MAIL BALLOT ELECTION TO BE HELD IN SAID
CITY ON TUESDAY, MAY 5, 2009, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED ELECTORS OF THE
CITY, A MEASURE RELATING TO THE ESTABLISHMENT
OF A LOCAL TRANSACTIONS AND USE (SALES) TAX;
REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN DIEGO TO PERMIT THE REGISTRAR OF
VOTERS TO CONDUCT SUCH ELECTION; AUTHORIZING
THE CITY CLERK OR HER DULY AUTHORIZED AGENTS
TO CARRY OUT THE NECESSARY PROCEDURES FOR
SUCH ELECTION; AND DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS OF THE
MEASURE
WHEREAS, Section 4000 of the Elections Code of the State of California authorizes
mail ballot elections when the governing body of the local agency authorizes the use of mailed
ballots, the election is held on an established mail election date pursuant to Elections Code
Section 1500, and the proceeding is required or authorized by Article XIII C of the California
Constitution; and
WHEREAS, Section 902 of the Chula Vista City Charter authorizes mail ballot elections;
and
WHEREAS, May 5, 2009 is an official mail ballot election date, as established by
Section 1500 of the Elections Code of the State of California; and
WHEREAS, Section 2(b) of Article XIII C of the California Constitution added by
Proposition 218 effective November 1996 requires that a measure proposing a general tax be
submitted to the voters at an election consolidated with the regularly scheduled general election
for members of the governing body of the local government, unless a fiscal emergency is
declazed by unanimous vote of the governing body; and
WHEREAS, by its Resolution No. 2009-001 adopted on January 8, 2009, the City
Council unanimously declazed a fiscal emergency; and
WHEREAS, Revenue and Taxation Code Section 7285.9 authorizes the City of Chula
Vista, subject to approval by a majority vote of the qualified voters of the City voting in an
election on the issue, to levy a transactions and use tax pursuant to the Transactions and Use Tax
Law in multiples of 0.25% for general revenue purposes; and
Resolution No. 2009-012
Page 2
WHEREAS, the proposed ordinance, attached hereto and incorporated herein by this
reference as Exhibit "A" would establish the transactions and use tax (the Ordinance), and if
approved by voters the earliest implementation date will be October 1, 2009; and
WHEREAS, pursuant to California Constitution Article XIII C Section 2(b) and the
Elections Code of the State of California, the City Council desires to submit the Ordinance to the
electorate at the Special Mail Ballot Election to be held in said City on Tuesday May 5, 2009;
and
WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego
authorizes the Registrar of Voters of the County of San Diego to render specified services
relating to the conduct of an election to any city or district which has by resolution requested the
Boazd of Supervisors to permit the Registrar to render the services, subject to requirements set
forth in that section; and
WHEREAS, it is desirable that the County of San Diego Registraz of Voters conduct the
election and canvass the returns of said Special Mail Ballot Election, and that the City Clerk be
authorized to carry out al] other necessary procedures for such election; and
WHEREAS, sufficient funding is anticipated to be allocated as a sepazate action for the
payment of costs relating to the placement of the measure on the ballot.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve as
follows:
SECTION 1. All of the foregoing recitals aze true and correct.
SECTION 2. Pursuant to the requirements of the Chula Vista Charter and the laws of
the State of California, there shall be and there is hereby called and ordered, held in said City on
Tuesday, May 5, 2009, a Special Mail Ballot Election for the purpose of submitting to the
qualified electors of said City an Ordinance to establish a local transactions and use (sales) tax in
the City of Chula Vista.
SECTION 3. The City Council, pursuant to its right and authority, does order submitted
to the voters at the Special Mail Ballot Election on May 5, 2009, the following question:
To prevent fiuther cuts and preserve general city services,
including public safety staffing for emergency response, YES
reducing crime and criminal gang/drug activity,
maintaining city streets/pazks, and preserving library
services and youth/after-school programs; shall the City of
Chula Vista adopt an ordinance enacting a one cent
transactions and use (sales) tax, expiring in ten years, with NO
mandatory audits, quarterly reports to Mayor and City
Council, and a citizens' review committee?
Resolution No. 2009-012
Page 3
SECTION 4. The proposed Ordinance to be submitted to the voters is attached as
Exhibit "A."
SECTION 5. Pursuant to California Elections Code Section 9282, the City Council
hereby aclmowledges 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.
The City Clerk has set February 3, 2009 as the deadline for submitting arguments, after which no
azguments for or against the measure may be submitted, withdrawn or changed.
SECTION 6. Pursuant to a resolution previously adopted by the City Council allowing
rebuttal arguments, rebuttal azguments will be allowed, in accordance with California Elections
Code Section 9285. The rebuttal azguments may not exceed 250 words. Rebuttal azguments
must be submitted to the City Clerk no later than February 13, 2009, after which no rebuttal
azguments for or against the proposed measure may be submitted.
SECTION 7. 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 analysis to the City Clerk within ten days of the adoption of this resolution.
SECTION 8. The Boazd of Supervisors of the County of San Diego is hereby requested
to permit the Registrar of Voters to perform and render all services and proceedings, and to
procure and furnish any and all official ballots, notices, printed matter and all supplies and
equipment and pazaphernalia incidental to and connected with the conduct of the subject election
of the City of Chula Vista, in order to properly and lawfully conduct such election.
SECTION 9. The Board of Supervisors of the County of San Diego is hereby requested
to permit the Registrar of Voters to canvass the returns of the subject election.
SECTION 10. The County of San Diego shall be reimbursed in full for the services
performed by the Registraz of Voters for the City of Chula Vista upon presentation of a bill
therefor, and this City agrees to indemnify and save free and harmless the County, its officers,
agents and employees from expense or liability, including reasonable attorneys' fees, as a result
of an election contest arising after conduct of this election.
SECTION 11. The City Clerk is hereby directed to forthwith file a certified copy of this
resolution with the Boazd of Supervisors and the Registraz of Voters of the County of San Diego
and to issue instructions to the Registraz of Voters to take any and all steps necessary for the
holding of the election.
SECTION 12. Mail ballots may be marked and returned any time after receipt but no
mail ballots postmazked after May 5, 2009 shall be accepted.
Resolution No. 2009-012
Page 4
SECTION 13. That the ballots to be used at said election shall be, both as to form and
matter contained therein, such as may be required by law to be used therefor.
SECTION 14. That in all particulazs not recited in this resolution, said election shall be
held and conducted as provided by law for holding municipal elections in said City.
SECTION 15. That notice of the time and place of holding the election is hereby given
and the City Clerk is authorized, instructed, and directed to give further or additional notice of
the election, in time, form and manner as required by law.
SECTION 16. That the City Clerk shall certify to the passage and adoption of this
resolution, and file it with the City's original resolutions.
Presented by
Approved as to form by
~~~ d~ - f
J es . Sandova B iesfeld
ity Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of January 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox
NAYS: Councilmembers: McCann
ABSENT: Councilmembers: None
Cheryl Coy ,May r
ATTEST:
0
Donna . No ~s, C C, Crty Jerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA 1
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2009-012 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 20th day of January 2009.
Executed this 20th day of January 2009. Q
C 0
Donna R. Non s, C ,City Clerk
EXHIBIT "A"
ORDINANCE NO. 3123
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 3.38 TO TITLE 3 OF THE CHULA VISTA
MUNICIPAL CODE ESTABLISHING A TRANSACTIONS
AND USE TAX TO BE ADMINISTERED BY THE STATE
BOARD OF EQUALIZATION
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, Chapter 3.38 of the Chula Vista Municipal Code establishes a transactions
and use tax to be administered by the State Boazd of Equalization; and
WHEREAS, the City desires to add Chapter 3.38 to the Chula Vista Municipal Code; and
WHEREAS, over the last few yeazs the City has experienced a precipitous decline in
revenues resulting from the slumping economy, housing crisis, and slowdown in development;
and
WHEREAS, the City has made significant program and personnel reductions during this
time in order to bring expenditures in line with a lower revenue base; and
WHEREAS, the City's fmancial outlook has continued to deteriorate and is facing a $3.9
million deficit in fiscal year 2008/2009 and an estimated $20.0 million deficit in fiscal yeaz
2009/2010 for the City's operating fund; and
WHEREAS, because of these above factors and the ongoing budget structural imbalance
that requires permanent solutions, on January 8, 2009 the City Council declazed a fiscal
emergency by resolution; and
WHEREAS, after preliminary review the City Council hereby fmds and declazes that the
proposed activity is statutorily exempt from environmental review pursuant to the State of
California Environmental Quality Act (CEQA) Guidelines, Title 14, Division 6, Chapter 3,
Article 18, Sections 15269 and 15273(a); and, the City Council hereby further finds and declazes
that pursuant to Title 14, Chapter 3, Article S, Section 15061(b)(3), the proposed activity is
covered by the general rule that CEQA applies only to projects which have the potential for
causing a significant effect on the environment; and the City Council fmds and declazes that,
with certainty, there is no possibility that the proposed acfivity in question may have a significant
effect on the environment, therefore, the proposed activity is not subject to CEQA.
NOW, THEREFORE, BE IT ORDAINED that the Council of the City of Chula Vista
does hereby adopt and add Chapter 3.38 of the Chula Vista Municipal Code establishing a
transactions and use tax as follows:
Ordinance No. 3123
Page 2
SECTION 1:
THE PEOPLE OF THE CITY OF CHULA VISTA do ordain as follows:
That the City Council hereby adds Chapter 3.38 to the Chula Vista Municipal Code to read as
follows:
CHAPTER 3.38
TRANSACTION AND USE TAX
Sections:
3.38.010 Title.
3.38.020 Purpose.
3.38.030 Defmitions.
3.38.040 Operative date.
3.38.050 Contract with State Boazd of Equalization.
3.38.060 Transaction tax rate.
3.38.070 Place of sale.
3.38.080 Use tax rate.
3.38.090
3.38.100
3.38.110
3.38.120
3.38.130
3.38.140
3.38.150
3.38.160
3.38.170
3.38.010 TITLE.
Adoption of provisions of state law.
Limitations on adoption of state law and collection of use taxes.
Permit not required.
Exemptions and Exclusions.
Independent committee.
Amendments.
Enjoining collection forbidden.
Severability.
Termination Date.
This Chapter shall be known and cited as the "City of Chula Vista Transactions and Use Tax
Ordinance". This ordinance shall be applicable in the incorporated territory of the City.
3.38.020 PURPOSE.
This ordinance is adopted to achieve the following, among other purposes, and directs that the
provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part
1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and
Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this ordinance which
shall be operative if a majority vote of the electors voting on the measure vote to approve the
imposition of the tax at an election called for that purpose.
Ordinance No. 3123
Page 3
B. To adopt a retail transactions and use tax ordinance that incorporates provisions
identical to those of the Sales and Use Tax Law of the State of California insofaz as those
provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of
Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a
measure therefore that can be administered and collected by the State Boazd of Equalization in a
manner that adapts itself as fully as practicable to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed by the State Board of Equalization
in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a
manner that will be, to the greatest degree possible, consistent tenth the provisions of Part 1.6 of
Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions
and use taxes, and at the same time, minimize the burden of record keeping upon persons subject
to taxation under the provisions of this ordinance.
3.38.030 DEFINITIONS.
(a) "CITY" means the City of Chula Vista
(b) "TAX" means the transactions and use taxes, sometimes also referred to as "SALES
TAX", imposed under the provisions of this ordinance
(c) "OPERATNE DATE" means the first day that the tax is imposed and collected.
3.38.040 OPERATNE DATE.
The operative date shall be the first day of the first calendar quarter commencing more than 110
days after the later of the adoption of this ordinance and chapter, the date of such adoption being
as set forth below, and the approval of the voters of the City of a measure approving the
imposition of the transactions and use tax set forth herein, unless a later operative date becomes
effective under the provisions of Section 3.38.50.
3.38.050 CONTRACT WITH STATE BOARD OF EQUALIZATION.
Prior to the operative date, the City shall contract with the State Boazd of Equalization to perform
all functions incident to the administration and operation of this transactions and use tax
ordinance; provided, that if the City shall not have contracted with the State Board of
Equalization prior to the operative date, it shall nevertheless so contract and in such a case the
operative date shall be the first day of the first calendaz quarter following the execution of such a
contract.
Ordinance No. 3123
Page 4
3.38.060 TRANSACTIONS TAX RATE.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all
retailers in the incorporated territory of the City at the rate of one percent (1.00%) of the gross
receipts of any retailer from the sale of all tangible personal property sold at retail in said territory
on and after the operative date of this ordinance.
3.38.070 PLACE OF SALE.
For the purposes of this ordinance, all retail sales are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an
out-of--state destination or to a common carrier for delivery to anout-of--state destination. The
gross receipts from such sales shall include delivery chazges, when such chazges aze subject to
the states sales and use tax, regazdless of the place to which delivery is made. In the event a
retailer has no permanent place of business in the State or has more than one place of business,
the place or places at which the retail sales aze consummated shall be determined under rules and
regulations to be prescribed and adopted by the State Boazd of Equalization.
3.38.080 USE TAX RATE.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date of this ordinance for
storage, use or other consumption in said territory at the rate of one percent (1.00%) of the sales
price of the property. The sales price shall include delivery chazges when such chazges aze
subject to state sales or use tax regazdless of the place to which delivery is made.
3.38.090 ADOPTION OF PROVISIONS BY STATE LAW.
Except as otherwise provided in this ordinance and except insofaz as they aze inconsistent with
the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions
of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code aze
hereby adopted and made a part of this ordinance as though fully set forth herein.
3.38.100 LIMITATIONS ON ADOPTIONS OF STATE LAW AND COLLECTION OF USE
TAXES.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name
of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as part of the title of the State Controller, State
Treasurer, State Boazd of Control, State Boazd of Equalization, State Treasury, or the
Constitution of the State of California;
Ordinance No. 3123
Page 5
2. The result of that substitution would require action be taken by or against this
City or any agency, officer, or employee thereof rather than by or against the State Boazd of
Equalization, in performing the functions incident to the administration or operation of this
ordinance.
3. In those sections, including but not necessarily limited to sections referring to
the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage,
use or other consumption of tangible personal property which would not otherwise be exempt
from this tax while such sales, storage, use or other consumption remain subject to tax by the
State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other
consumption of tangible personal property which would not be subject to tax by the State under
the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737,
6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer
engaged in business in this State" in Section 6203 and in the definition of that phrase in Section
6203.
3.38.110 PERMIT NOT REQUIRED.
If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation
Code, an additional transactor's permit shall not be required by this ordinance.
3.38.120 EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax the
amount of any sales tax or use tax imposed by the State of California or by any city, city and
county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There aze exempted from the computation of the amount of transactions tax the gross
receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to
operators of aircraft to be used or consumed principally outside the county in which the sale is
made and directly and exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States, or any foreign
government.
Ordinance No. 3123
Page 6
2. Sales of property to be used outside the City which is shipped to a point outside
the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or
by delivery by the retailer to a tamer for shipment to a consignee at such point. For the purposes
of this pazagraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to
registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle
Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and
undocumented vessels registered under Chapter 2 of Division 3.5 (commencing with Section
9840) of the Vehicle Code by registration to anout-of--City address and by a declazation under
penalty of perjury, signed by the buyer, stating that such address is, in fact, his or het principal
place of residence; and
b. With respect to commercial vehicles, by registration to a place of
business out-of--City and declaration under penalty of perjury, signed by the buyer, that the
vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the
property for a fixed price pursuant to a contract entered into prior to the operafive date of this
ordinance.
4. A lease of tangible personal property which is a continuing sale of such
property, for any period of time for which the lessor is obligated to lease the property for an
amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subsections (3) and (4) of this section, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for
any period of time for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is exercised.
C. There aze exempted from the use tax imposed by this ordinance, the storage, use or
other consumption in this City of tangible personal property;
1. The gross receipts from the sale of which have been subject to a
transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft
and used or consumed by such operators directly and exclusively in the use of such aircraft as
common carriers of persons or property for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of this State, the United States, or any
foreign government. This exemption is in addition to the exemptions provided in Sections 6366
and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price
pursuant to a contract entered into prior to the operative date of this ordinance.
Ordinance No. 3123
Page 7
4. If the possession of, or the exercise of any right or power over, the
tangible personal property arises under a lease which is a continuing purchase of such property
for any period of time for which the lessee is obligated to lease the property for an amount fixed
by a lease prior to the operative date of this ordinance.
5. For the purposes of subpazagraphs (3) and (4) of this section, storage,
use, or other consumption, or possession of, or exercise of any right or power over, any tangible
personal property shall be deemed not to be obligated pursuant to a contract or lease for any
period of time for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subpazagraph (7), a retailer engaged in business in
the City shall not be required to collect use tax from the purchaser of tangible personal property,
unless the retailer ships or delivers the property into the City or participates within the City in
making the sale of the property, including, but not limited to, soliciting or receiving the order,
either directly or indirectly, at a place of business of the retailer in the City or through any
representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of
the retailer.
7. "A retailer engaged in business in the City" shall also include any
retailer of any of the following: vehicles subject to registration pursuant to Chapter 1
(commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in
compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered
under Chapter 2 of Division 3.5 (commencing with Section 9840) of the Vehicle Code. That
retailer shall be required to collect use tax from any purchaser who registers or licenses the
vehicle, vessel, or aircraft at any address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any
transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable
for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with
respect to the sale to the person of the property the storage, use or other consumptions of which is
subject to the use tax.
3.38.130 REPORTING.
Financial reports summarizing revenues generated by the tax shall be presented to the Mayor and
Council on a quarterly basis.
3.38.140 AMENDMENTS.
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically
become a part of this ordinance, provided however, that no such amendment shall operate so as to
affect the rate of tax imposed by this ordinance.
Ordinance No. 3123
Page 8
3.38.150 ENJOINING COLLECTION FORBIDDEN.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the
City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.38.160 SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstances is
held invalid, such invalidity shall not affect other provisions or applications of the ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance aze severable. This City Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particulaz portion thereof and intends
that the invalid portions should be severed and the balance of the ordinance be enforced.
3.38.170 TERMINATION DATE.
The authority to levy the tax imposed by this ordinance shall expire ten (10) years following the
operative date.
SECTION 2:
This ordinance relates to the levying and collecting of the City transactions and use taxes and
shall take effect immediately.
Presented by
s D. Sandoval
Manager
Approved as to form by
B C. Miesf d
ity Atto~
Ordinance No. 3123
Page 9
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 20th day of January 2009, by the following vote:
AYES: Councilmembers: Bensoussan Castaneda, Ramirez, and Cox
NAYS: Councihnembers: McCann
ABSENT: Councilmembers: None
Cheryl Cox, ayo
ATTEST:
~ ~, oo~~ ~~~~
Donna R. Norris, CMC City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3123 was adopted at a regulaz meeting of said City Council held on the 20th day
of January 2009; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Executed this 20th day of January 2009.
Donna R. Norris, CMC, City Clerk