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Home My WebLink About2009/03/24 Item 18 CITY COUNCIL AGENDA STATEMENT MARCH 17,2009, Item Ii ITEM TITLE: CONSIDERATION FOR RECOMMENDING THAT A MEASURE BE PLACED ON THE JUNE 2014 BALLOT TO AMEND OR REPEAL PROPOSITION A SUBMITTED BY: REVIEWED BY: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOJ\1N1ENDING THAT A MEASURE BE PLACED ON THE JUNE 2014 BALLOT TO A1\1END OR REPEAL PROPOSITION A CITY A TTORJ.'-JEY !JCf'l./" CITY ATTORJ.'-JEY 6r.r---- SUMMARY. On January 20, 2009 the City Council adopted Ordinance No. 3123 submitting a Transaction and Use Tax (commonly referred to as a "Sales Tax") to the electorate. Pursuant to City Charter Article IX, Section 902 and Elections Code Section's 1500 and 4000, this Sales Tax measure is on the ballot for a mailed ballot election, with mailed ballot returns due to the San Diego County Registrar of Voters by 8:00 p.m. on May 5, 2009. This Sales Ta.'{ measure has been designated by the San Diego County Registrar of V oters as Proposition A ("Prop A"). At the City Council meeting of February 17, 2009, public comment was made requesting that City Council consider a ballot measure, scheduled for the June 2010 general election, to have Prop A, if it passes on May 5, 2009, go back to the electorate for ratification or repeal in 2014. 4/5THS VOTE: YES D NO I X I In response to the comments raised at the February 17, 2009 City Council meeting, and with City Counsel consensus, Council Member Castaneda requested, in accordance with City Council Referral No. 392, that the City Attorney prepare a Resolution for City Council consideration to place a ballot measure on the June 2010 general election, that would allow the electorate to deterrninein year 2014, should Prop A pass, whether or not to continue or repeal Prop A. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has conducted a preliminary review of the proposed action for compliance vvith the California Environmental Quality Act ("CEQA") and recommends that the City Council find and declare that the proposed 18-1 MARCH 17, 2009, Item-,--- Page 2 of3 activity is statutorily exempt from environmental review pursuant to Articles 5 and 18 of the California Code of Regulations. RECOlVIMENDA nON That the City Council adopt the subject Resolution. BOARDS/COMMISSION RECOMMENDA nON Not applicable. DISCUSSION On January 20, 2009 the City Council adopted Ordinance No. 3123 submitting a Sales Tax to the electorate. If approved by the electorate Prop A will implement a general Sales Tax of I-percent on the sale or use of tangible personal property for a term of 10- years from the operative date of the ordinance. As discussed above, in accordance with City Council Referral No. 392, City Council Member Castaneda requested that the City Attorney prepare a Resolution for City Council consideration to place a ballot measure on the June 2010 general election, that would allow the electorate to determine in year 2014, should Prop A pass, whether or not to continue or repeal Prop A. In effect, this request is to place a measure on the ballot that would allow the electorate to vote in 2010 on whether or not to place another measure on the ballot for the electorate to vote on in 2014. For reasons set forth below, this office advises against this "vote to place a future vote on the ballot" method to potentially alter Prop A in the future. City Charter Article IX, Section 902 provides that all elections in the City shall be conducted in accordance \vith the California Elections Code ("Elections Code"). Elections Code Section 9200 et seq. permits only two methods for the setting of elections within municipalities. One method is by petition signed by an applicable number of the electorate subrnitted to the municipality's ("City's") legislative body ("City Council"). Elections Code Section 9201. The other method is for the City Council to submit directly to the electorate, without a petition, a measure for the repeal, ameridment or enactment of any ordinance. Elections Code Section 9222. Neither of these methods allows a City to set an election (in 2010), to set a future election (in 2014) as is requested in the Referral. Notwithstanding the foregoing, however, City Council may adopt a Resolution that requests that in the year 2014 the City Council submit to the electorate either an amendment or repeal of Prop A. This method would be accomplished in accordance with above-discussed Elections Code Section 9222.. City Council should be aware, however, that an action by today's City Council cannot act to bind the actions of a future City Council. See City of Los Angeles v. Superior Court of the County of Los Angeles, 51 Cal.2d 423,436 (Cal. 1959). A Resolution is attached for City Council's consideration as an advisory measure to place a measure before the electorate in year 2014 for the electorate to vote on whether prop A should be repealed, or whether Prop A should stand for its full 10-year term. 18-2 MARCH 17,2009, Item_ Page 3 of 3 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently the 500 foot rule found in California Code of Regulations section l8704.2( a)( 1) is not applicable to this decision. FISCAL IMP ACT There is no fiscal impact associated with the subject action except for. staff time to prepare the requisite documents. If in 2014 City Council submits a measure to the electorate to amend or repeal Prop A, then the fiscal impact will be the year 2014 costs to place the measure on the ballot for the June 2014 general election. ATTACHMENTS Resolution Prepared by: Jv/ichael j Shirey, Deputy City Attorney 111: Office of the City Attorney J '\Attorney'u'v[ichaelSh\Budget\CastanedaR~ferq,1\CCAgSt~3 17.09-final.doc 18-3 RESOLUTION NO. RESOLUTION Of THE CITY COUNCIL Of THE CITY OF CHULA VISTA RECOMME[-.iTIING THAT A MEASURE BE PLACED ON THE JUNE 2014 BALLOT TO AMEND OR REPEAL PROPOSITION A WHEREAS, on January 20, 2009 the City Council adopted Ordinance No. 3123 submitting a Transaction and Use Tax measure (commonly referred to as a "Sales Tax") to the electorate; and WHEREAS, tl1is Sales Tax measure is on the ballot for a mailed ballot election, with mailed ballot retllms due to the San Diego County Registrar of Voters by 8:00 p.m. on May 5, 2009; and WHEREAS, this Sales Tax measure has been designated by the San Diego County Registrar of Voters as Proposition A ("Prop A"); and WHEREAS, if approved by the electorate Prop A will implement a general Sales Tax of I-percent on the sale or use of tangible personal property for a tenn of 10-years from the operative date of the ordinance; and WHEREAS, pursuant to City Council Resolution 2009-012, the ballot question submitted to the electorate for Prop A includes whether a Citizen's Review Committee shall be formed to pro\ide oversight of Prop A revenues; and WHEREAS, should Prop A be approved by the electorate and upon formation of the Citizen's Advisol'y Committee, the City Council hereby determines that the Citizen's Advisory Committee shall prepare a Comprehensive Midterm Report on Prop A revenues to the City Council for City Council consideration; and WHEREAS, in response to comments raised at the Febmary 17, 2009 City Council meeting, in accordance with City Council RefelTal No. 392, City Council requested that the Ctty Attorney prepare a Resolution for City Council consideration to place a ballot measure on the June 20 I 0 general election, that would allow the electorate to determine in year 2014, should Prop A pass, whether or not to continue or repeal Prop A; and WHEREAS, the City Attorney determined that Elections Code Section 9200 et seq. pelll1its only two methods for the setting of elections within the City. One method is by petition signed by an applicable number of the electorate submitted to the City Council and the other method is for the City Council to submit directly to the electorate a measure for the repeal, amendment or enactment of any ordinance; and WHEREAS, the City Attomey further determined that the City Council may adopt a Resolution that requests that in the year 2014, in accordance with Elections Code section 9222 as amended and in accordance with all applicable law, the City Council submit to the electorate either an amendment or repeal of Prop A if, after City Council's review of the Citizen's 18-4 Advisory Committee Comprehensive Midterm Report, it is determined that the City's budget gaps have been alleviated with revenues generated from the Sale Tax from years 2009 through 2014 or if it is determined that revenues from the Sales Tax are not being applied to City services or programs effectively; and WHEREAS, after preliminary review the City Council hereby finds and declares that the pr'oposed activity is statutorily exempt from environmental review pursuant to the State of California Environmental Quality Act C'CEQA") Guidelines, Title 14, Chapter 3, Article 18, Sections 15273(01); and, the City Council hereby further finds and declares that pursuant to Title 14, Chapter 3, AI1icle 5, Section i 5061(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 finds and declares that, with certainty, there is no possibility that the proposed activity in question may have a significant effect on the environment, therefore, the proposed activity is not subject to environmental review. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby r'ecommends that in year 2014, in accordance with Elections Code section 9222 as may be amended and in accordance with all applicable law, that the City Council submit to the elector'ate either' an amendment or repeal of Prop A if. after City Council's review of the Citizen's Advisory Cor11111ittee Comprehensive Midterm Report, it is determined that the City's budget gaps have been alleviated with revenues generated from the Prop A Sale Tax from years 2009 throLlgh 2014 or if it is detennined that revenues from the Sales Tax are not being applied to City services or programs effectively. NOW, THEREFORE, BE [T FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and declare that if the electorate does not pass Prop A then this Resolutioll shall immediately become inoperable and void ab imtio and shall have no further force and eftect. Presented by Approved as to fonn by I: \lli'rrll:\i'~\.1 iL'll<I~ISII'811u:,:d',C.lst:J11~uaRd(:lTa!I.CCR~sn.J. I 7 O'J-Fill:.d.doc 18-5