HomeMy WebLinkAboutCC RESO 2014-93RESOLUTION NO. 2014 — 93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, NOVEMBER 4, 2014, FOR THE ELECTION
OF CERTAIN OFFICERS, AS REQUIRED BY THE PROVISIONS OF
THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW
CITIES, AND FOR THE SUBMISSION TO THE QUALIFIED VOTERS
A QUESTION RELATING TO EXTENSION OF THE VOTER -APPROVED
ONE CENT TRANSACTIONS AND USE TAX (A SALES TAX); AND APPROVING
THE FORM OF THE ORDINANCE TO BE SUBMITTED TO THE VOTERS
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a General Municipal Election shall be held on November 4, 2014, for the
election of Municipal Officers; and
WHEREAS, the City Council of the City of National City desires to submit to the
qualified voters of the City at the regular municipal election to be held on November 4, 2014, a
question relating to extending an existing voter -approved one cent (1%) transactions and use
tax (a sales tax); and
WHEREAS, the City Council is authorized and directed by statute to submit the
proposed measure to approve the ordinance to the qualified voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California
relating to General Law cities, there is called and ordered to be held in the City of National City,
California, on Tuesday, November 4, 20014, a General Municipal Election for the purpose of:
electing one Mayor for a full term of four years, and electing two members of the City Council for
a full term of four years each.
SECTION 2. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election, the following question:
National City Continuation of City Services
Funding Measure. To maintain National City's
public safety and prevent cuts to neighborhood
police patrols and officers; gang/drug prevention;
911 emergency response; fire protection and
firefighters; graffiti removal; street/pothole repair;
senior/youth/library program; and other City
services; shall National City continue its existing
voter -approved one -cent sales tax for 20 years
with Citizens' Oversight, annual independent
audits, all money kept in National City, with no
increase in tax rate?
YES
NO
Resolution No. 2014 — 93
Page Two
SECTION 3. That the proposed complete text of the Ordinance submitted to the voters
extending the existing transactions and use tax is attached as Exhibit "A".
SECTION 4. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 5. That the City Clerk is authorized to procure and furnish any and all official
ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be
necessary in order to properly and lawfully conduct the election.
SECTION 6. That the polls for the election shall be open at seven o'clock a.m. of the
day of the election and shall remain open continuously from that time until eight o'clock p.m. of
the same day when the polls shall be closed, except as provided in Section 14401 of the
Elections Code of the State of California.
SECTION 7. The Board of Supervisors of the County of San Diego and the San Diego
County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold
and conduct a municipal election in the City of National City on November 4, 2014, pursuant to
the Resolution, including but not restricted to the providing and printing of ballots and polling
place cards, election supplies, voting booths, flags, registration lists and any other materials and
services required to lawfully conduct the election.
SECTION 8. 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 9. That notice of the time and place of holding the election is hereby given
and the City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 10. That the City Clerk shall certify to the passage and adoption of the
Resolution and enter it into the book of original Resolutions of the City.
PASSED and ADOPTED this 17th day of June, 2014.
ATTEST:
Mic ael R. Dalla, ► ity Clerk
on Morrison, ayor
ROVED AS TO FORM:
Flit
ity A
citua Silva
y
ORDINANCE NO. 2014 — 96
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTION 4.60.170 OF THE NATIONAL CITY MUNICIPAL CODE
EXTENDING AN EXISTING TRANSACTIONS AND USE TAX ("PROPOSITION D")
THE PEOPLE OF THE CITY OF NATIONAL CITY DO ORDAIN as follows:
SECTION 1. That Section 4.60.170 of Chapter 4.60 of Title 4 of the National City
Municipal Code is hereby amended to read as follows:
4.60.170 Expiration. The authority to levy the tax imposed by this chapter shall be
extended twenty years from the initial expiration date of ten years from the operative date and
shall expire at the conclusion of the twenty year extension, unless the city council prior to the
extended expiration date determines that the levy and collection of the tax is no longer
necessary, in which case the city council has the authority to reduce the rate of tax, or to
terminate the imposition of the tax. The city shall immediately notify the State Board of
Equalization in writing in the event that the tax is reduced or terminated. The operative date of
such rate reduction or termination shall be the first day of the first calendar quarter commencing
more than one hundred ten days after the State Board of Equalization receives such notice of
termination.
SECTION 2. This ordinance, following its adoption by at least 4 affirmative votes of the
City Council and its publication, shall be submitted to the voters at an election to be held on
November 4, 2014. Upon approval by a majority of the voters of the City voting on this
ordinance, the Transactions and Use Tax set forth in City of National City Ordinance No. 2006-
2278 shall be continued an additional twenty years unless reduced or terminated by the City
Council or repealed by the majority of the voters of the city.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, the remainder of the ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby.
SECTION 4. Based on all the information presented at the June 17, 2014 meeting,
both written and oral, including the staff reports, minutes, and other relevant materials, the City
Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of
subdivision (b), this action does not constitute a project under CEQA and therefore review under
CEQA is not required.
SECTION 5. Effective Date. This ordinance, following its adoption by at least 4
affirmative votes of the City Council and its publication, shall become effective, if approved by a
majority of the voters voting on the issue at the November 4, 2014 election, pursuant to
Elections Code Section 9217, ten (10) days after the City Council declares the results of the
election. The operative date of the Transactions and Use Tax set forth in the City of National
City Ordinance Number 2006-2278 shall not be affected by this Ordinance.
[Signature Page to Follow]
EXHIBITA
PASSED and ADOPTED this day of , 2014.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ron Morrison, Mayor
EXHIBIT A
Ordering extending an existing Ordinance No. 2014-96
Transactions and Use Tax ("Prop D") 2 June 17, 2014
Passed and adopted by the Council of the City of National City, California, on June 17,
2014 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City Jerk of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2014-93 of the City of National City, California, passed and adopted
by the Council of said City on June 17, 2014.
City Clerk of the City of National City, California
By:
Deputy
(Corrected Ordinance Number)
ORDINANCE NO. 2014 — 2396
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AMENDING SECTION 4.60.170 OF THE NATIONAL CITY MUNICIPAL CODE
EXTENDING AN EXISTING TRANSACTIONS AND USE TAX ("PROPOSITION D")
THE PEOPLE OF THE CITY OF NATIONAL CITY DO ORDAIN as follows:
SECTION 1. That Section 4.60.170 of Chapter 4.60 of Title 4 of the National City
Municipal Code is hereby amended to read as follows:
4.60.170 Expiration. The authority to levy the tax imposed by this
chapter shall be extended twenty years from the initial expiration date of ten
years from the operative date and shall expire at the conclusion of the twenty
year extension, unless the city council prior to the extended expiration date
determines that the levy and collection of the tax is no longer necessary, in which
case the city council has the authority to reduce the rate of tax, or to terminate
the imposition of the tax. The city shall immediately notify the State Board of
Equalization in writing in the event that the tax is reduced or terminated. The
operative date of such rate reduction or termination shall be the first day of the
first calendar quarter commencing more than one hundred ten days after the
State Board of Equalization receives such notice of termination.
SECTION 2. This ordinance, following its adoption by at least 4 affirmative votes of the
City Council and its publication, shall be submitted to the voters at an election to be held on
November 4, 2014. Upon approval by a majority of the voters of the City voting on this
ordinance, the Transactions and Use Tax set forth in City of National City Ordinance No. 2006-
2278 shall be continued an additional twenty years unless reduced or terminated by the City
Council or repealed by the majority of the voters of the city.
SECTION 3. Severability. If any provision of this ordinance or the application thereof to
any person or circumstance is held invalid, the remainder of the ordinance and the application of
such provision to other persons or circumstances shall not be affected thereby.
SECTION 4. Based on all the information presented at the June 17, 2014 meeting,
both written and oral, including the staff reports, minutes, and other relevant materials, the City
Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of
subdivision (b), this action does not constitute a project under CEQA and therefore review under
CEQA is not required.
SECTION 5. Effective Date. This ordinance, following its adoption by at least 4
affirmative votes of the City Council and its publication, shall become effective, if approved by a
majority of the voters voting on the issue at the November 4, 2014 election, pursuant to
Elections Code Section 9217, ten (10) days after the City Council declares the results of the
election. The operative date of the Transactions and Use Tax set forth in the City of National
City Ordinance Number 2006-2278 shall not be affected by this Ordinance.
[Signature Page to Follow]
EXHIBIT A
PASSED and ADOPTED this 17th day of June, 2014.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
Ron Morrison, Mayor
EXHIBIT A
Ordering extending an existing Ordinance No. 2014-2396
Transactions and Use Tax ("Prop D") 2 June 17, 2014