RESOLUTION 2024-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, (1) CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE PURPOSE OF ELECTING A DIRECTLY ELECTED MAYOR, ONE COUNCILMEMBER FROM DISTRICT 2, AND ONE COUNCILMEMBER FROM DISTRICT 4; AND SUBMITTING ONE BALLOT MEASURE TO THE VOTERS THAT WOULD amend Title 3 of the Napa Municipal Code to add a new Chapter 3.14 entitled “transactions and use tax” to establish a one-percent Transaction and Use General Tax; (2) REQUESTING THAT THE NAPA COUNTY BOARD OF SUPERVISORS CONSOLIDATE THE GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION; AND (3) REQUESTING THAT THE NAPA COUNTY REGISTRAR OF VOTERS RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION WHEREAS, the City of Napa Charter section 17A and Napa Municipal Code section 1.08.010 provide that the General Municipal Election for the City shall be held on the first Tuesday after the first Monday in November of each even-numbered year; which means that the next General Municipal Election will be held on November 5, 2024; and WHEREAS, pursuant to California Elections Code section 1200, the statewide general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year; which means that the next statewide general election will be held on November 5, 2024; and WHEREAS, City Charter section 8 provides for a four-year term for the offices of the Mayor and each Councilmember; and WHEREAS, the most recent election of the Mayor occurred at the general municipal election on November 3, 2020, as confirmed by Council Resolution R2020-139, with a four-year term ending in 2024, which means that the office of the Mayor is up for election at the general municipal election on November 5, 2024; and WHEREAS, Napa Municipal Code Chapter 1.10 identifies parameters for election of Councilmembers in district-based elections, and Napa Municipal Code section 1.10.020 defines the sequence of elections so that the offices of Councilmember for District 2 and 4 are up for election in 2024; and WHEREAS, California Elections Code section 9222 and California Government Code section 53724 authorize the City Council, on its own motion, to submit to the voters, without a petition, a ballot measure for the enactment of any ordinance to be voted upon at a General Municipal Election; and WHEREAS, California Revenue and Taxation Code section 7285.9 authorizes the City to levy a transactions and use tax for general purposes if the ordinance approving the tax is approved by a two-thirds vote of all members of the City Council and the tax is approved by a majority vote of the qualified voters of the City voting in an election on the issue; and WHEREAS, at the January 16, 2024, City Council meeting, the City Council directed staff to prepare a proposed ballot measure for an ordinance to establish a one-percent transactions and use general tax in accordance with California Revenue and Taxation Code section 7251 et seq.; and WHEREAS, California Elections Code section 9280, et seq., Napa Municipal Code section 1.08.035, and Council Policy Resolution No. 32 (R2014-113) establish procedures and priorities for filing ballot arguments (limited to 300 words each) and rebuttals (limited to 250 words each) with the City Clerk (as the City’s Elections Official); and WHEREAS, in the course of conducting a General Municipal Election on November 5, 2024, it is necessary for the City to request services of Napa County as set forth in this resolution; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Napa, as follows:
1. The City Council hereby finds that the facts set forth in the recitals to this resolution are true and correct and establish the factual basis for the City Council’s adoption of this resolution.
2. Pursuant to the requirements of the City Charter and the Napa Municipal Code, the City Council hereby calls and orders to be held in the City of Napa, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of electing a directly elected Mayor and one Councilmember from District 2, and one Councilmember from District 4, each serving a four-year term; and for the purpose of submitting one ballot measure to the voters for consideration which shall be identified as “Measure G, a Measure to Establish a One-Percent Transactions and Use General Tax.”
3. Measure G would enact an ordinance, attached hereto as Exhibit “A” and incorporated herein by this reference, that would amend Title 3 of the Napa Municipal Code to add a new Chapter 3.14 entitled “Transactions and Use Tax” to establish a one-percent transactions and use general tax in the City of Napa. The City Council hereby approves the ordinance, and the form thereof, and orders its submission to the voters of the City of Napa at the General Municipal Election on November 5, 2024, as required by Revenue and Taxation Code section 7285.9.
4. The City Council hereby approves and orders the following ballot question for Measure G to be submitted to the voters of the City of Napa at the General Municipal Election on November 5, 2024:
CITY OF NAPA – MEASURE G
To protect/ maintain funding (that The State of California cannot take) for City of Napa services including: repairing potholes/ streets; maintaining parks, recreation, senior/ youth programs; protecting water quality; supporting police with mental health response team for nonviolent calls; upgrading fire stations with lifesaving equipment; homeless encampment cleanups; constructing essential facilities; enhancing fire protection; general government use; shall the City of Napa measure be adopted levying a 1¢ sales tax, raising $22,000,000 annually, until ended by voters, including independent audits/ citizen oversight? YES
NO
5. Pursuant to California Elections Code section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall 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 shall transmit such impartial analysis to the City Clerk.
6. Pursuant to Elections Code section 9286 et. seq., Napa Municipal Code section 1.08.035, and Council Policy Resolution No. 32 (R2014-113), June 18, 2024 at 5:00 p.m. shall be the deadline for submission of arguments to the City Clerk in favor of, and arguments against, Measure G. If more than one argument for and/or against is received, the priorities established by Elections Code section 9287, Napa Municipal Code section 1.08.035, and Council Policy Resolution No. 32 shall control.
7. The provisions of Elections Code section 9285, Napa Municipal Code section 1.08.035, and Council Policy Resolution No. 32 shall control the submission of any rebuttal arguments. The deadline for filing rebuttal arguments to the City Clerk shall be June 28, 2024 at 5:00 p.m.
8. Pursuant to California Elections Code Division 10, Part 3 (section 10400, et seq.), the City Council hereby requests that the Board of Supervisors of Napa County (“Board of Supervisors”) consolidate the City’s General Municipal Election with the statewide general election on November 5, 2024. The offices to be voted upon at the Consolidated General Municipal Election will be the Mayor and one member of the City Council from District 2 and one member of the City Council from District 4, each for a four-year term. The ballot measure to be voted upon at the Consolidated General Municipal Election is Measure G as defined in this resolution. The City hereby acknowledges that the Consolidated General Municipal Election will be held and conducted in the manner prescribed in California Elections Code section 10418. The City Council hereby requests that the Board of Supervisors authorize and direct the Napa County Elections Department to take any and all steps necessary for the holding of the Consolidated General Municipal Election.
9. Pursuant to California Elections Code section 10002, the City Council hereby requests that the Board of Supervisors authorize and direct the Napa County Elections Department to provide such services as may be necessary to properly and lawfully hold and conduct a Consolidated General Municipal Election in the City on November 5, 2024, including, but not restricted to, furnishing indexes and election equipment, appointing precinct workers and officials, instructing workers and officials, addressing sample ballots for the Consolidated General Municipal Election, issuing vote-by-mail ballots, issuing absentee ballots, establishing and providing early voting, conducting central counting and official canvass, and performing such other acts as may be required, or directed by the City Clerk, subsequent to acceptance of nomination materials by the City Clerk.
10. The City Council hereby authorizes and directs the City Clerk to reimburse the County for services performed in accordance with this resolution, when the work is completed and upon presentation to the City of a properly approved bill subject to approval by the City Clerk.
11. The City Council hereby authorizes and directs the City Clerk to coordinate with the Napa County Registrar of Voters to procure and furnish the procurement of any and all official ballots, notices, printed matter, supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the Consolidated General Municipal Election. The ballots to be used at the election shall be in form and content as required by law.
12. In all particulars not recited in this resolution, the General Municipal Election shall be held and conducted as provided by law for holding municipal elections.
13. This resolution provides notice of the time and place of holding the General Municipal Election, and the City Council hereby authorizes, instructs, and directs the City Clerk to give further or additional notice of the General Municipal Election in time, form, and manner as required by law.
14. The City Council hereby authorizes the City Clerk to supply the County Elections Official with a list of the City’s precincts, or consolidated precincts, no later than 61 days before the election, in accordance with California Elections Code section 10002.
15. The City Council hereby directs the City Clerk to forward a certified copy of this resolution without delay to the Napa County Board of Supervisors and to the County Registrar of Voters.
16. This resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 4th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ____________________________
Tiffany Carranza
City Clerk, Elections Official
Approved as to form:
________________________
Sabrina S. Wolfson
Interim City Attorney
R2024-XX Page 1 of 4 June 4, 2024
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