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HomeMy WebLinkAboutReso 2009-069RESOLUTION NO.2009-069 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECOMMENDING THAT A MEASURE BE PLACED ON THE JUNE 2014 BALLOT TO AMEND OR REPEAL OR RATIFY 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, this Sales Tax measure is on the ballot for a mailed ballot election, with mailed ballot returns due to the San Diego County Registraz 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 1-percent on the sale or use of tangible personal property for a term 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 provide oversight of Prop A revenues; and WHEREAS, should Prop A be approved by the electorate and upon formation of the Citizen's Advisory 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 Februazy 17, 2009 City Council meeting, in accordance with City Council Referral No. 392, City Council 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; and WHEREAS, the City Attorney determined that Elections Code Section 9200 et seq. permits 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 Resolution No. 2009-069 Page 2 WHEREAS, the City Attorney 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 Counci] submit to the electorate either an amendment or repeal or ratification of Prop A if, after City Council's review of the Citizen's Advisory Committee Comprehensive Midterm Report, it is determined that the City's budget gaps have been alleviated with revenues generated from the Sales Tax from yeazs 2009 through 2014 or if it is determined that revenues from the Sales Tax aze not being applied to City services or programs effectively; and WHEREAS, after preliminary review the City Council hereby finds 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, Chapter 3, Article 18, Sections 15273(a); and, the City Council hereby further finds and declares that pursuant to Title 14, Chapter 3, Article 5, 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 finds and declazes 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 recommends that in yeaz 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 electorate either an amendment or repeal or ratification of Prop A. BE IT 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 Resolution shall immediately become inoperable and void ab initio and shall have no further force and effect. Presented by __ _ B . Miesf rty Atto y Approved as to form by l' ~j Bart . Miesfi C~ Attomey Resolution No. 2009-069 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of Mazch 2009 by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers ATTEST: Bensoussan, Castaneda, Ramirez, and Cox None None McCann Donna R. Norris, C, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Cheryl Cox, a} or I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-069 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of March 2009. Executed this 24th day of March 2009. o ~x Donna R. Nom , CMC, City Clerk