HomeMy WebLinkAboutResolution No. 2024-26 | Tax Meausre | Adopted 06/17/2024RESOLUTION NO. 2024- 26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY CALLING AND GIVING NOTICE OF, ON ITS OWN
MOTION, THE SUBMISSION TO THE ELECTORS OF THE
CITY OF GILROY AT A SPECIAL MUNICIPAL ELECTION,
TO BE CONSOLIDATED WITH THE STATEWIDE
GENERAL ELECTION ON NOVEMBER 5, 2024, A BALLOT
MEASURE PROPOSAL TO ADD ARTICLE V TO CHAPTER
22 OF THE GILROY CITY CODE TO IMPOSE A PUBLIC
SAFETY SPECIAL TRANSACTIONS AND USE TAX
WHEREAS, a General election on Tuesday, November 5, 2024, has been called
by Resolution No. 2024-26, adopted on Monday, May 20, 2024; and
WHEREAS, Revenue and Taxation Code Section 7285.91 authorizes the City,
subject to approval by a two-thirds vote of the qualified voters of the City voting in an
election on the issue, to levy a transactions and use tax pursuant to the Transactions and
Use Tax Law at a rate of 0.125% or any multiple thereof; and
WHEREAS, the City Council of the City of Gilroy desires to submit to the voters a
proposed special transactions and use tax dedicated to fund public safety services and
public safety infrastructure, and to place the measure on the ballot for the next General
Election on November 5, 2024; and
WHEREAS, the City Council is authorized and directed by statute to submit the
proposed tax measure to the voters.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy
that:
Section 1. A Special Municipal Election is hereby called and ordered to be held in
the City of Gilroy on November 5, 2024 to vote on a ballot measure to add Article V,
Sections 22.33 through and including 22.48 to the Gilroy City Code to levy a 0.25%
special transactions and use tax dedicated and restricted to raise revenue for and fund
public safety (police, fire, and ambulance) services and public safety infrastructure, which
shall be deemed ratified, pursuant to Government Code Section 34459, if a two-thirds
majority of the electors voting on the measure vote to approve the measure. The full text
of the proposed article is attached as Exhibit A and incorporated herein by reference in
this Resolution.
Section 2. The ballot measure will be placed on the ballot for the November 5,
2024 election which shall be substantially in the following form:
MEASURE_______
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Resolution No. 2024-26
Transactions and Use Tax Ballot Measure
City Council Regular Meeting | June 17, 2024
Page 2 of 4
Public Safety Special Transactions and Use Tax
To generate funding that cannot be seized by the
State, but stays in Gilroy and is dedicated to public
safety (police, fire and ambulance) services and
public safety infrastructure projects, shall Gilroy
enact a quarter-cent transactions and use tax; and
include a citizen oversight committee and annual
audits for the tax?
YES
NO
Section 3. That the vote requirement for the measure to pass is a two-thirds vote
of the qualified voters of the city voting in an election on the issue pursuant to Revenue
and Taxation Code Section 7285.91.
Section 4. The City Council hereby requests the Board of Supervisors of the
County of Santa Clara, California to permit the Registrar of Voters of Santa Clara County
to render to the City of Gilroy such services as the City Clerk of the City of Gilroy may
request relating to the conduct of the above-described Special Municipal Election with
respect to the following matters:
Coordination of election precincts, polling places, voting booths, voting
systems and election officers; printing and mailing of voter pamphlets;
preparation of the tabulation of the results of votes cast and all other
services necessary to conduct an election.
Section 5. The City Council hereby requests, consents to, and orders that the
Registrar of Voters of the County of Santa Clara consolidate the Special Municipal
Election called and ordered to be held on November 5, 2024 with any other election that
may be held on that date.
Section 6. The City Council hereby authorized the Board of Supervisors of Santa
Clara County, California to canvass the returns of the Special Municipal Election.
Section 7. The City Council hereby directs the City Clerk to reimburse the County
of Santa Clara in full for any of the above -mentioned services which may be performed
by the Registrar of Voters, upon presentation of a bill to the City, with funds already
appropriated to the City Clerk for election purposes.
Section 8. The City Council hereby directs the City Clerk to take all actions
necessary to facilitate the Special Municipal Election in the time frame specified herein
and comply with provisions of the Elections Code of the State of California, City Charter,
Ordinances, Resolutions and Policies regarding the conduct of the Special Municipal
Election.
Section 9. Pursuant to Section 12111 of the California Elections Code, the City
Council hereby directs the City Clerk to: (a) cause a synopsis of the proposed measure
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Resolution No. 2024-26
Transactions and Use Tax Ballot Measure
City Council Regular Meeting | June 17, 2024
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to be published at least one time not later than one week before the election in the Gilroy
Dispatch, a newspaper of general circulation within the City of Gilroy; (b) consolidate the
Notice of Measure to be Voted with the Notice of Election into a single notice; (c) cause
copies of the full text of the proposed measure set forth in the attached Exhibit A to be
printed in the Voter Information Portion of the Sample Ballot; (d) cause copies of the
Sample Ballot to be mailed to each of the qualified electors of the City of Gilroy; and (e)
do all other things required by law to submit the specified measure a bove to the electors
of the City of Gilroy at the Special Municipal Election, including causing the full text of the
proposed measure to be made available in the Office of the City Clerk at no cost and
posted on the City Clerk's website.
Section 10. Pursuant to Sections 9282 and 9285 of the California Elections Code,
the City Council hereby approves the submittal of direct arguments for and against the
ballot measure, if any, and authorizes the City Council or any member or members of the
Council to author and submit a ballot measure argument in favor of the ballot measure ,
and approves the submittal of rebuttal arguments in response to arguments for and
against the ballot measure and authorizes the City Council or any member or members
of the City Council to author and submit a rebuttal, if any.
Section 11. The City Council hereby directs the City Clerk to transmit a copy of the
measure qualifying for placement on the ballot to the City Attorney for preparation of an
impartial analysis.
Section 12. The City Council hereby acknowledges that the consolidated election
will be held and conducted in the manner prescribed in California Elections Code Section
10418.
Section 13. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Gilroy at a regular
meeting duly held on the 17th day of June, 2024 by the following roll call vote:
AYES: COUNCIL MEMBERS: ARMENDARIZ, MARQUES, HILTON,
CLINE, TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: BRACCO
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
APPROVED:
Marie Blankley, Mayor
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Resolution No. 2024-26
Transactions and Use Tax Ballot Measure
City Council Regular Meeting | June 17, 2024
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ATTEST:
_______________________
Beth Minor, Interim City Clerk
CERTIFICATE OF THE CLERK
I, BETH MINOR, Interim City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2024-26 is an original resolution, or true and correct copy of a
City Resolution, duly adopted by the Council of the City of Gilroy at a Regular Meeting of
said Council held on Monday, June 17, 2024, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official
Seal of the City of Gilroy this Tuesday, June 18, 2024
____________________________________
Beth Minor
Interim City Clerk of the City of Gilroy
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