RESOLUTION NO. 24-125
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 ESTABLISH A THREE-QUARTERS OF ONE CENT (0.75¢) SPECIAL PURPOSE TRANSACTIONS AND USE (SALES) TAX, 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, 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 Beach Protection, Restoration, Clean Ocean Measure (the “Measure”) includes stringent fiscal accountability provisions and safeguards such as requiring public disclosure of all spending, an oversight committee and guaranteed annual independent audits to ensure funds are used efficiently, effectively, and as promised; and WHEREAS, the funding from this Measure is dedicated to restoring San Clemente’s local beaches and keeping local beaches and coastal waters clean and in good condition for years to come and by law, funding cannot be taken for other purposes, so residents can know where their money is going; and WHEREAS, a significant portion of the funding from this Measure will come from residents of nearby cities, tourists and other people who come to San Clemente and this Measure will allow non-residents to contribute towards maintaining, protecting and restoring the local beaches and coastal waters that they enjoy when they visit our City; 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, the funds of this Measure will be dedicated to be used for the following resident identified priorities: maintaining local beaches and beach access for residents, keeping sand on local San Clemente beaches, reducing beach erosion, protecting ocean water quality, protecting surfing and ocean swimming locations, and restoring and maintaining the beach trail, the City pier and City lifeguard lifesaving equipment and facilities, all of which will help protect San Clemente’s local beach economy, and will not be used for any other purposes; and WHEREAS, pursuant to California Revenue and Taxation Code section 7285.91 the City of San Clemente ("City") has the authority to levy a Transactions and Use (“Sales”) Tax for specific purposes that is subject to voter approval; and WHEREAS, Article XIIIC, section 2(d) of the California Constitution and Revenue and Taxation Code section 7285.91 require that the Measure must be approved by a two-thirds vote of the voters voting on the issue; and WHEREAS, as required by Article XIIIC, section 2(d) of the California Constitution and Revenue and Taxation Code section 7285.91, 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.
WHEREAS, on July 17, 2024, the City Council held a hearing where all interested persons were heard on the matter of holding an election for the purpose of amending the San Clemente Municipal Code relating to a proposed Transactions and Use (Sales) Tax; and WHEREAS, on July 17, 2024, the City Council adopted Resolution No. 24-108 calling the general municipal election to be consolidated with the statewide general election on November 5, 2024; and WHEREAS, on August 6, 2024, the City Council held a duly noticed public hearing where all interested persons were heard on the matter of holding an election for the purpose of amending the San Clemente Municipal Code relating to a proposed Transactions and Use (Sales) Tax.
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. The above recitals are true and correct and incorporated herein as findings.
SECTION 2. The City Council finds and determines that this activity 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 3. Pursuant to Elections Code section 9222, the City Council hereby calls a general municipal election at which it shall submit to the qualified voters of the City of San Clemente, a measure that, if approved, would enact a three-quarters of one percent special local transactions and use tax within the City of San Clemente. This measure shall be designated by letter by the Orange County Registrar of Voters.
SECTION 4. The ballot language for the proposed measure shall be as follows:
SAN CLEMENTE BEACH PROTECTION, RESTORATION,
CLEAN OCEAN MEASURE
Shall the measure restoring/keeping sand on the beach, maintaining beach access for residents, reducing beach erosion; protecting ocean water quality, surfing/ocean swimming locations; restoring/maintaining beach trail, pier and lifeguard lifesaving equipment, helping protect San Clemente’s local beach economy, by establishing a dedicated 0.75¢ sales tax providing approximately $10,100,000 annually until ended by voters; requiring public spending disclosure, independent audits, all funds used locally and cannot be taken for other purposes, be adopted? YES
NO
SECTION 5. 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 by a two-thirds vote of its body 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 6. 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 7.
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 8. 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 9. 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 10.
(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 19, 2024.
SECTION 11. 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 12. The City Clerk shall certify to the passage and adoption of this resolution by a two-thirds vote of all members of the City Council and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this ________ day of ___________, 2024.
ADVANCE \d3 MAYOR of the City of
San Clemente, California
ATTEST:
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. 24-125 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 of the City of
San Clemente, California
Approved as to form:
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-125 Page PAGE \* MERGEFORMAT 2
Attachment 1