FULL TEXT OF MEASURE ___
ORDINANCE NO.
AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 3.20.050 (RATE) OF CHAPTER 3.20 (SALES AND USE TAX) OF TITLE 3 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO UPDATE THE CITY’S SALES AND USE TAX BY INCREASING IT TO ADD AN ADDITIONAL ONE CENT (ONE PERCENT) 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, this ordinance 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 this ordinance 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, the City Council submitted this ordinance to the voters of the City of San Clemente to decide on November 5, 2024; and WHEREAS, if approved by the voters, this ordinance would add an additional one cent to the Sales Tax.
NOW, THEREFORE, THE PEOPLE OF SAN CLEMENTE DO ORDAIN AS FOLLOW:
Section 1. Section 3.20.050 (Rate) of Chapter 3.20 (Sales and Use Tax) of Title 3 (Revenue and Finance) of the San Clemente Municipal Code is hereby amended by repealing and replacing it in its entirety to read as follows:
“3.20.050 - Rate.
The rate of sales tax and use tax imposed by this chapter shall be two percent.” Section 2. Proceeds resulting from the Sales Tax shall be deposited into the City’s general fund and become subject to the same independent audit requirements as other general fund revenues. Any auditor’s report shall be presented to the City Council annually and made available for public review. Proceeds resulting from the Sales Tax, like other general fund revenues, must be spent for the benefit of the local San Clemente community.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The People of the City of San Clemente hereby declare that they would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
Section 4. It is found and determined that this ordinance is not a “project” as defined under Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a financing decision without commitment to a specific project that may result in a potentially significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions proposed are not subject to CEQA.
Section 5. This ordinance shall go into effect in accordance with Elections Code Section 9217 and shall be deemed adopted and become effective only if approved by a majority of the eligible voters of the City of San Clemente voting thereon, at an election to be held on November 5, 2024, and shall take effect ten (10) days after the City Council has certified the results of that election by resolution. The levying and collection of the Sales Tax shall be as specified in Chapter 3.20 of Title 3 of the San Clemente Municipal Code and as directed by the City Council.
PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF SAN CLEMENTE this 5th day of November, 2024.
It is hereby certified that this Ordinance was duly adopted by the voters at the November 5, 2024 election, and that the City Council declared the results of such election, in the manner required by law, at a meeting of the City Council held on December __, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Mayor of the City of
San Clemente, California
ATTEST:
____________________________
CITY CLERK, Elections Official of
the City of San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
Exhibit A