RESOLUTION NO. 24-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALLING AN ELECTION IN THE CITY OF SAN CLEMENTE TO BE CONSOLIDATED WITH THE CITY’S NEXT GENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, SUBMITTING TO THE ELECTORS A BALLOT MEASURE TO INCREASE THE CITY’S SALES AND USE TAX (“SALES TAX”) BY ONE CENT BY AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION 3.20.050, ESTABLISHING THE POLICIES AND PROCEDURES FOR SUCH AN ELECTION, REQUESTING THAT ORANGE COUNTY PROVIDE ELECTION SERVICES, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND AUTHORIZING THE FILING OF REBUTTAL ARGUMENT WHEREAS, in an emergency seconds count and approximately two-thirds of all calls to the Orange County Fire Authority serving San Clemente are related to medical emergencies; and WHEREAS, San Clemente needs to maintain firefighter and paramedic staffing levels so they are able to respond quickly to emergencies and save lives; and WHEREAS, crime has been increasing in our region in recent years; and WHEREAS, the last reported crime statistics included 142 violent crimes and 908 property crimes and our residents have identified maintaining 911 emergency response times and the number of Sheriff’s deputies patrolling our neighborhoods, as amongst their top priorities; and WHEREAS, San Clemente beaches have been deteriorating since the 1990s, but with recent extreme rainstorms and the erosion of beaches and bluffs, independent scientists now say the problem is getting worse; and WHEREAS, the San Clemente Public Safety, Beach Maintenance and City Services Measure (the “Measure”) includes stringent fiscal accountability provisions and safeguards such as requiring public disclosure of all spending and guaranteed annual independent audits to ensure funds are used efficiently, effectively, and as promised; and WHEREAS, Article XVI, section 6 of the California Constitution requires all funding to be spent locally for the benefit of the San Clemente community and cannot be taken by the County, State or Federal government; and WHEREAS, per the City Council’s adoption of Advisory Spending Guidelines for this ordinance, the funds of this ordinance will be used for resident identified priorities, such as: keeping public areas safe and clean, maintaining local beaches and beach access for residents, protecting local drinking water supply and ocean water quality, and maintaining 911 emergency response; and WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the City of San Clemente ("City") has the authority to levy a Transactions and Use (“Sales”) Tax for general purposes that is subject to voter approval; and WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that the Measure must be approved by a majority vote of the voters voting on the issue and that such an election by the voters must be consolidated with a statewide general election at which members of the City Council will be elected; and WHEREAS, as required by Article XIIIC, section 2(b) of the California Constitution, the City Council desires that the voters of the City of San Clemente have the opportunity to decide on November 5, 2024 whether the Measure should be enacted.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of San Clemente does hereby resolve, declare, determine and order as follows, that:
SECTION 1. Pursuant to Elections Code section 9222, the City Council hereby calls an election at which it shall submit to the qualified voters of the City of San Clemente, a measure that, if approved, would increase the Transactions and Use Tax by one cent from one percent (1%) to two percent (2%) to fund general services in the City. This measure shall be designated by letter by the Orange County Registrar of Voters.
SECTION 2. The ballot language for the proposed measure shall be as follows:
SAN CLEMENTE PUBLIC SAFETY,
BEACH MAINTENANCE, CITY SERVICES
MEASURE
Shall the measure maintaining San Clemente’s longstanding financial stability/general services such as: 911 emergency response; keeping public areas safe/clean; repairing streets/roads; protecting local beaches/beach access for residents, local drinking water supply, and ocean water quality; retaining local businesses, by establishing a 1¢ sales tax providing approximately $13,500,000 annually until ended by voters; requiring public spending disclosure, independent audits, all funds used locally, be adopted? YES
NO
SECTION 3. The proposed measure submitted to the voters is as attached in Exhibit A to this Resolution, which is fully incorporated herein by this reference. The City Council hereby approves the proposed ordinance, in the form thereof, and its submission to the voters of the City at the November 5, 2024 election. The full text of the measure shall be printed in the ballot materials and be available for public inspection in the City Clerk’s office and on the City’s website: HYPERLINK "https://www.san-clemente.org"https://www.san-clemente.org SECTION 4. The City Clerk is hereby directed to cause notice of the measure to be published once in the official newspaper of the City of San Clemente, in accordance with Section 12111 of the California Elections Code.
SECTION 5.
a) Pursuant to California Elections Code sections 10400 et seq., the election for this measure shall be consolidated with the established election to be conducted on November 5, 2024. The City Council hereby requests that the Orange County Board of Supervisors consolidate the election called by this resolution with the statewide election to be conducted on November 5, 2024 and order the election to be conducted by the Orange County Registrar of Voters. The City Council of the City of San Clemente acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code section 10418. The City Council recognizes that additional cost will be incurred by Orange County by reason of the consolidation of the election with the Statewide election and agrees to reimburse Orange County for any costs that are not reimbursed by the State, and the City Council hereby authorizes the City Manager to pay Orange County for said services in full. The City Clerk is directed to file a certified copy of this resolution with the Orange County Board of Supervisors and the Registrar of Voters on or before August 9, 2024. (b) The election on the measure set forth in Section 3 shall be held and conducted, the voters canvassed and the returns made, and the results ascertained and determined as provided herein. The election shall be held in accordance with the Elections Code of the State of California. (c) The election on the measure set forth in Section 3 shall be held in Orange County in the City of San Clemente on November 5, 2024, as required by law, and the Board of Supervisors of Orange County is authorized to canvass the returns of the election with respect to the votes cast in the City of San Clemente and certify the results to the City Council of the City of San Clemente. (d) At the next regular meeting of the City Council of the City of San Clemente occurring after the returns of the election for the measure set forth in Section 3 have been canvassed and the results have been certified to the City Council, or at a special meeting called for such purpose if allowed or required by law, the City Council shall cause to be entered in its minutes a statement of the results of the election.
SECTION 6. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the ordinance or measure to be printed. A copy of the measure shall be made available to any voter upon request.
SECTION 7. 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 transmit such impartial analysis to the City Clerk by August 9, 2024.
SECTION 8.
(a) Arguments for or against this measure shall be submitted not later than 5 p.m. on August 9, 2024 to 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. (b) Direct arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons. (c) Pursuant to California Elections Code section 9285(b), the City Council is hereby adopting provisions for the filing of rebuttal arguments for this measure. Accordingly, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the author(s) of the argument against it, and copies of the argument against it to the author(s) of the argument in favor. Rebuttal arguments shall not exceed 250 words and shall be filed no later than 5:00 p.m. on August 20, 2024.
SECTION 9. Should any section, subsection, clause or provision of this resolution for any reason be held to be invalid, then the remainder of the resolution shall be deemed valid, it being expressly declared that this resolution, and each and every section, subsection, clause and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified even if any other section, subsection, sentence, clause or phrase of this resolution were declared invalid.
SECTION 10. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this ________ day of ___________, 2024.
ADVANCE \d3 ATTEST: _______________
MAYOR of the City of
San Clemente, California
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-112 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ___________ day of , 2024, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California this ____________ day of ________________, 2024. ____________________________
CITY CLERK, Elections Official of
the City of San Clemente, California
Approved as to form:
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-112 Page PAGE \* MERGEFORMAT 2
Attachment 2