Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA 1) AMENDING RESOLUTION NO. 2024 -054
CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 5, 2024; 2) ORDERING
SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY, A
PROPOSED ORDINANCE RELATING TO THE EXTENSION
OF A ONE -HALF CENT GENERAL TRANSACTIONS AND
USE TAX; 3) AUTHORIZING THE MAYOR TO SUBMIT
BALLOT ARGUMENTS IN FAVOR OF THE MEASURE; AND
4) DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, as approved by City of Chula Vista ("City") voters and authorized by state law, the City imposes a transactions and use tax, commonly known as a local sales tax or “Measure P,” through Title 3, Chapter 3.33 of the Chula Vista Municipal Code (Rev. & Tax.
Code, § 7251 et seq.); and
WHEREAS, the City’s transactions and use tax is currently set to expire on March 31, 2027, depriving the City of an important source of revenues to fu nd general services to its residents; and
WHEREAS, the City Council wishes to extend this transactions and use tax beyond its current expiration date, without raising the tax rate, and to update Chapter 3. 33 to reflect changes in state law since City voters adopted this tax in 2016; and
WHEREAS, the proposed ordinance implementing these amendments to Chapter 3. 33 is attached hereto as Exhibit A (the “Ordinance”) and is incorporated by this reference; and
WHEREAS, because the Ordinance extends a general t ax, it must be approved by the majority of the City’s voters (Cal. Const., art. XIII C, § 2 (b); Rev. & Tax. Code, § 7285.9); and
WHEREAS, under Resolution No. 2024 -054, the City Council called a general municipal election to be held on Tuesday, November 5, 2024 (the “Election”); and
WHEREAS, through adoption of Resolution No. 2024-054, the City requested that the County of San Diego Board of Supervisors consolidate Chula Vista’s election with the statewide election and permit the Registrar of Voters to perform certain services in conjunction with the City’s election; and
WHEREAS, the City Council therefore wishes to amend Resolution No. 2024-054 and submit the Ordinance to the City’s qualified voters at the Election (Elec. Code, § 9222).
NOW, THEREFORE, BE IT RESOLVED , DECLARED, DETERMINED, AND ORDERED by the City Council of the City of Chula Vista as follows:
Resolution No.
SECTION 1. The City Council hereby orders the Ordinance attached hereto as Exhibit A to be submitted to the qualified voters at the Election, and it further orders the following question concerning the Ordinance to be placed on that ballot:
Shall the measure to continue funding City of Chula Vista services including fixing potholes; keeping streets, sidewalks, infrastructure, parks, public facilities safe, clean, well-maintained; repairing aging storm drains; managing traffic congestion; and removing trash/graffiti from public spaces, by renewing City of Chula Vista’s half-cent transactions and use tax at the current rate (no increase), continuing an estimated $37,000,000 annually for general government use for 10 years, with citizen oversight, independent audits, and all money locally controlled, be adopted?
YES
NO
SECTION 2. That Resolution No. 2024-054 is hereby amended accordingly, and the City Clerk is authorized, instructed, and directed to take all actions necessary to place the Ordinance on the November 5, 2024 ballot.
SECTION 3. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisor s 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 4. The City Manager is hereby authorized and directed to execute any necessary agreements with San Diego County for the Election.
SECTION 5. The City Clerk is authorized, instructed, and directed to prepare and publish a notice of the measures. Direct arguments shall be due by August 15, 2024 in the City Clerk’s office during regular business hours, and the 10-day public review period for the direct arguments will be August 16, 2024 to August 25, 2024.
SECTION 6. The City Attorney shall cause the preparation of an impartial analysis of the measure, which shall be due by August 16, 2024 in the City Clerk’s office during regular business hours, and the 10-day public review period for the impartial analysis will be August 17, 2024 to August 26, 2024.
SECTION 7. The City Council hereby acknowledges its authority, pursuant to California Elections Code section 9282 and Chula Vista Municipal Code section 2.50.150, to submit a written argument not to exceed 300 words in length and authorizes the Mayor as the City Council’s designee to submit arguments in favor of the measure on behalf of the City Council.
The City Clerk as the City Election Official has fixed the date of August 15, 2024, during normal business hours, for the submittal of primary written argument(s) in favor of or against the measure not exceeding 300 words, acc ompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code Resolution No.
of the State of California and Chula Vista Municipal Code section 2.50.150 . The arguments may be changed or withdrawn until and including the date fixed by the City Clerk , after which no arguments for or against the City measure may be submitted to the City Clerk.
The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument and the List of Supporters/Opponents Submission Form.
SECTION 8. Pursuant to a Resolution No. 8967 previously adopted by the City Council allowing rebuttal arguments, rebuttal arguments will be allowed in accordance with Elections Code section 9285. Rebuttal arguments may not exceed 250 words. Rebuttal arguments shall be due by August 20, 2024 in the City Clerk’s office during regular business hours , and the 10-day public review period for the rebuttal arguments shall be August 21, 2024 to August 30, 2024.
SECTION 9. The adoption of this Resolution is exempt from the California Environmental Quality Act (CEQA), Public Resources Code section 21000 et seq. and California Code of Regulations, title 14, section 15000 et seq. (CEQA Guidelines). The calling of a municipal election is not a project within the meaning of CEQA Guidelines section 15378. Further, the general tax proposed by this Resolution is a governmen t funding mechanism that does not “involve any commitment to any specific project which may result in a potentially significant physical impact on the environment,” and thus adopting this Resolution is not a project under CEQA Guidelines section 15378(b)(4).
SECTION 10. This Resolution shall take effect immediately upon its adoption.
SECTION 11. That in all particulars not recited in this Resolution, the Election shall be held and conducted as provided by law for holding municipal elections.
SECTION 12. The City Clerk shall certify 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
Courtney Chase Marco A. Verdugo
Deputy City Manager City Attorney