2013/07/23 City Council Resolution 2013-114RESOLUTION NO. 2013 -114
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK:
(1) CALLING AN ELECTION TO ASK THE VOTERS OF THE CITY OF ROHNERT
PARK TO APPROVE THE CONTINUATION OF AN EXISTING GENERAL
TRANSACTIONS AND USE TAX OF ONE -HALF CENT; (2) APPROVING THE FORM
OF THE ORDINANCE TO BE SUBMITTED TO THE VOTERS; (3) REQUESTING
THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SONOMA
CONSOLIDATE THE ELECTION WITH THE ESTABLISHED ELECTION TO BE
HELD ON NOVEMBER 5,2013; AND (4) DIRECTING THE COUNTY ELECTIONS
DEPARTMENT TO CONDUCT THE ELECTION ON THE CITY'S BEHALF
WHEREAS, Rohnert Park was founded in 1962 to create a safe, middle -class community with
easy access to neighborhood parks and pools, and recreational activities, and it is our goal to
maintain our quality of life and keep Rohnert Park a safe place to live, work and raise a family;
WHEREAS, in an election held in June 2010, a majority of the voters approved an
essential services temporary funding measure which imposed a sales tax of one -half cent (0.5 %)
on the sale or consumption of tangible personal property within the City of Rohnert Park (the
"Sales Tax "), and since then the City has been able to reduce crime rates and the City's budget
deficit, as well as keep open the Spreckels Performing Arts Center, the City's community center
and the senior center and by continuing this existing sales tax we can keep things on the right
track;
WHEREAS, the City's Transactions and Use Tax Ordinance imposing the Sales Tax is found in
Chapter 3.21 of the City's Municipal Code;
WHEREAS, Section 3.21.150 of the City's Municipal Code sets forth a termination date of the
Sales Tax on September 30, 2015, the fifth anniversary of its adoption, which will repeal the
Sales Tax unless continued by a majority of the voters of the City;
WHEREAS, this measure does not create a new tax and would simply continue the existing
sales tax, at existing rates, that the City has relied upon to maintain essential services;
WHEREAS, continuing the existing sales tax ensures our City has a guaranteed source of local
funding for our vital City services that cannot be taken by Sacramento, ensuring our tax dollars
are spent locally for Rohnert Park residents;
WHEREAS, the City Council desires to submit to the voters at a special municipal election on
November 5, 2013 a proposed ordinance to continue the Sales Tax;
WHEREAS, when a City seeks voter approval to continue a Sales Tax, article XIIIC, section
2(b) of the California Constitution requires the election to be consolidated with the general
municipal election for City councilmembers, except in cases in which a City Council has
unanimously declared that there is a fiscal emergency.
WHEREAS, the next general municipal election is not scheduled until November 2014. If the
City waited until November 2014 and the Sales Tax is not continued by the voters, it will be
repealed in 2015 and the City will have to make drastic cuts to essential services to address the
loss of revenue. An election earlier than November 2014 is therefore required;
WHEREAS, by the adoption of Resolution No. 2013 -106, the City has unanimously declared
that a fiscal emergency exists in accordance with article XIIIC, section 2(b) of the California
Constitution, and therefore an election prior to November 2014 is permitted;
WHEREAS, the City has seen dramatic decreases in revenue because of a declining economy
and continued takeaways by the State;
WHEREAS, the State has already taken millions of dollars from Rohnert Park — reducing the
City's revenue by $1.4 million in the past year alone — and those cuts present significant fiscal
challenge to our City;
WHEREAS, the City has slashed its budget by cutting service positions, reforming employee
pensions, purchasing essentials with grant funding, conserving energy to keep costs down, and
participating in purchase pools with other cities to lower expenses;
WHEREAS, the City has had to freeze positions in all City Departments, including a dramatic
reduction to Public Safety Department — from 80 Public Safety Officers to the current total of 57
today. This reduction in Public Safety Officers has increased our response times in both the
police and fire departments. Increased response times to 911 calls potentially place our citizens
at risk in emergency situations where every second counts;
WHEREAS, the City has projected a significant General Fund operating deficit over the next
several years should the current economic trends continue;
WHEREAS, while the City has already made budget cuts to address its deficit to all
departments, including significantly reducing the total number of City employees, the City still
faces more cuts to essential City services, street paving and pothole repair, and park
maintenance;
WHEREAS, based upon a community opinion survey conducted this year, the community has
expressed a clear interest in supporting the City in order to maintain 911 emergency and medical
response services, preserve the safety of Rohnert Park, maintain gang and sex offender
enforcement, and maintain and protect vital police and fire services provided by the City's Public
Safety Officers;
WHEREAS, the community opinion survey also shows over two - thirds of respondents would
support continuing the Sales Tax to maintain and protect City services;
WHEREAS, the City Council held a noticed public hearing on July 23, 2013 to consider calling
a special election to seek voter approval of a proposed general transactions (sales) and use tax as
authorized by Revenue and Taxation Code section 7285.9;
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WHEREAS, at the conclusion of that hearing, the City Council concluded that all of the
information presented indicated that the Council should call an election as soon as possible to
ask the voters of the City to approve an extension of the existing Sales Tax, the revenue from
which could be used to support general municipal services;
WHEREAS, the existing Sales Tax is and would continue to be imposed on retail transactions
involving, and use of, personal property. The tax rate is and would continue to be one -half of
one percent (0.5 %) of the sales price of the property. The tax revenue is and would continue to
be collected by the State Board of Equalization and remitted to the City. The termination date
would be eliminated and the tax would remain in effect until it is suspended by a unanimous vote
of the City Council. The continuation of the existing tax shall be approved if the measure
receives at least a majority of affirmative votes;
WHEREAS, Elections Code sections 9280 et seq. set forth the procedures for arguments in
favor of or in opposition to any City measure and the procedures for rebuttal arguments;
WHEREAS, based on all of the information presented at the July 23rd 2013 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(b)(2) and (4), this tax does
not constitute a project under CEQA and therefore review under CEQA is not required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that the foregoing Recitals are true and correct and are hereby adopted by the City Council.
Based on those Recitals, the Council unanimously finds and declares as follows:
SECTION 1. As declared by Resolution 2013 -106, duly adopted on June 25, 2013, an
emergency exists due to the City's impending budget deficit of approximately $1.4 million,
which threatens to cause severe reductions in City programs and services posing an immediate
threat to the public health, welfare and safety of residents of the City of Rohnert Park.
SECTION 2. Pursuant to California Constitution article XIIIC, Section 2, subsection
(b); Government Code section 53724; and Elections Code section 9222, the City Council of the
City of Rohnert Park hereby calls an election at which it shall submit to the qualified voters of
the City, a measure relating to the adoption of a transactions and use tax. This measure shall be
designated by letter by the Sonoma County Elections Department. Pursuant to Election Code
section 10400 et seq., the election for this measure shall be consolidated with the established
consolidated primary election to be conducted on November 5, 2013.
SECTION 3. The Ordinance continuing the existing general transactions and use tax to
be approved by the voters pursuant to Section 2, is as set forth in Exhibit A hereto and
incorporated by this reference. The City Council hereby approves the Ordinance, the form
thereof, and its submission to the voters of the City at the November 5, 2013 election, as required
by Revenue and Taxation Code section 7285.9, subject to the approval of a majority of the voters
voting on the measure at the election called by the adoption of this Resolution. The Ordinance
continues the existing Sales Tax and the existing rate of one -half of one percent (0.5 %) of the
gross receipts of any retailer from the sale of all tangible personal property sold at retail in the
City and one -half of one percent (0.5 %) of the sales price of tangible personal property stored,
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used or otherwise consumed in the City, without raising existing tax rates. The State Board of
Equalization shall continue to collect the tax from retailers subject to the tax and remit the funds
to the City.
SECTION 4. In accordance with Section 12111 of the Elections Code and Section 6061
of the Government Code, the City Clerk is hereby authorized and directed to cause notice of the
measure to be published once in a newspaper of general circulation, printed, published, and
circulated in the City of Rohnert Park and hereby designated for that purpose by the City Council
of the City of Rohnert Park. The City Clerk may request that the County of Sonoma Elections
Department prepare and publish the required notice.
SECTION 5. Pursuant to the requirements of the laws of the State of California relating
to cities within said State, the following proposed measure shall be added to the ballot for the
November 5, 2013, election and thereby submitted to the voters of the City:
Rohnert Park Continuation of Essential City Services Funding Measure
To preserve the safety and character of Rohnert Park, and maintain /protect ❑Yes
general City services, including 9 -1 -1 emergency response; fire protection;
neighborhood police patrols; gang /sex offender enforcement; disaster
preparedness; street paving /pothole repair; park maintenance; and other essential
services, shall the City of Rohnert Park continue a voter - approved '/2 cent sales
tax, subject to annual audits and public review, keeping money from ❑ No
Sacramento, and without raising existing tax rates?
SECTION 6. The official ballot to be used at said election shall conform to the laws of
the State of California with relation thereto.
SECTION 7. The City Council authorizes the Registrar of Voters to consolidate this
election with the established election on November 5, 2013, for the ease and convenience of the
registered voters and to take advantage of any cost savings possible by such consolidation.
SECTION 8. The City Clerk may request the assistance of the County of Sonoma
Election Department in regard to said General Municipal Election, as the City Clerk deems
necessary.
SECTION 9. The City shall reimburse the County for services performed when the
work is completed and upon presentation to the City of a properly approved bill.
SECTION 10. The election shall be held and conducted as provided by law for holding
municipal elections.
SECTION 11. The notice of the time and place of holding the election is given and the
City Clerk is directed to give further or additional notice of the election in the time, form and
manner as required by law.
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SECTION 12. The City Clerk is hereby directed to submit to the City Attorney a
certified copy of the measure. The City Attorney is hereby authorized and directed to prepare an
impartial analysis of the ballot measure showing the effect of the measure on the existing law
and operation of the measure, said analysis to be submitted by the City Attorney to the Registrar
of Voters, or other appropriate office of the County of Sonoma, for printing by the date set by the
City Clerk for the filing of arguments for and against the measure. The analysis shall not exceed
500 words in length and shall otherwise comply in all respects with the applicable provisions of
the Elections Code of the State of California.
SECTION 13. In accordance with the provisions of the Elections Code (Sections 9290
and following), the Auditor is directed to prepare a fiscal analysis, and the Mayor is authorized
and directed to submit an argument in support of the Measure and a response to any argument in
opposition to the Measure.
SECTION 14. The City Clerk shall fix and determine a date for submission of
arguments for or against said Measure, and said date shall be posted in the Office of the City
Clerk.
SECTION 15. The election on the measure set forth in sections 3 and 5 of this
resolution shall be held and conducted, the votes canvassed and the returns made, and the results
ascertained and determined as provided for herein. In all particulars not prescribed in this
resolution, the election shall be held as prescribed in the Elections Code of the State of
California. The Board of Supervisors of the County of Sonoma is authorized to canvas the
returns of that election with respect to the votes cast in the City of Rohnert Park and certify the
results to the City Council. At the next regular meeting of the City Council occurring after the
returns of the election have been canvassed and the certification of the results to the City
Council, the City Council shall cause to be entered in its minutes a statement of the results of the
election.
SECTION 16. This resolution shall be forthwith entered upon the minutes of this
Council and kept and maintained by the City Clerk of the City of Rohnert Park.
SECTION 17. The City Manager is hereby authorized and directed to expend the
necessary funds to pay for the City's cost of placing the measure on the election ballot.
SECTION 18. The City Clerk is hereby ordered to certify to the adoption of this
resolution, notice and proclamation, and to file copies hereof, so certified, with the Clerk of the
Board of supervisors of the County of Sonoma and with the Registrar of Voters of the County of
Sonoma, and to enter it into the book of original resolutions.
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2013 -114
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This Resolution and the attached Ordinance are PASSED AND ADOPTED this 23rd day of
July, 2013, by a two - thirds vote of the Council, by the following roll call vote:
AYES: FOUR (4) Councilmembers Ahanotu, Mackenzie, Callinan and Mayor Stafford
NOES: NONE (0)
ABSENT: ONE (1) Councilmember Belforte
ABSTAIN: NONE (0)
CITY OF ROHNERT PARK
Pam Stafford, Mayor
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P VED '.S TO F M:
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M' he e, Marchetta Kenyon, City Attorney
Attachments: Exhibit A — Ordinance
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2013 -114
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING THE
ROHNERT PARK MUNICIPAL CODE SECTION 3.21.150 TO CONTINUE THE
EXISTING TRANSACTIONS AND USE (SALES) TAX
WHEREAS, on June 25, 2013, the City Council unanimously declared a fiscal emergency under
Article XI1IC, section 2(b) of the California Constitution by adopting Resolution No. 2013 -106;
WHEREAS, pursuant to California Revenue and Taxation Code Sections 7285.9 and 7290, the
City of Rohnert Park ( "City ") has the authority to levy a Transactions and Use (Sales) Tax for
general purposes;
WHEREAS, in an election held in June 2010, the City Council proposed and a majority of
the voters approved an essential services temporary funding measure which imposed a one -half cent
sales tax (0.5 %) on the sale or consumption of tangible personal property within the City of Rohnert
Park (the "Sales Tax "),
WHEREAS, the City's Transactions and Use Tax Ordinance imposing the Sales Tax is found in
Chapter 3.21 of the City's Municipal Code;
WHEREAS, Section 3.21.150 of the City's Municipal Code sets forth a termination date of the
Sales Tax on the fifth anniversary of its adoption, which will repeal the Sales Tax on September 30,
2015, unless continued by a majority of the voters of the City;
WHEREAS, the City Council has determined that the continuation of the existing Sales Tax,
without raising existing tax rates, is critical to funding the City's essential services, preserving the
safety and character of Rohnert Park, and ensuring that our City has a guaranteed source of local
funding that cannot be taken by Sacramento;
WHEREAS, the City conducted a community opinion survey which shows over two - thirds (2/3) of
respondents would support continuing the Sales Tax to maintain and protect City services;
WHEREAS, the City Council, by adopting Resolution No. 2013 -114, authorized placing the matter
of continuing the Sales Tax before the voters of Rohnert Park at the November 5, 2013 election; and
WHEREAS, the termination date in Section 3.21.150 of the City's Municipal Code must be
amended to continue the Sales Tax.
NOW, THEREFORE, the People of the City of Rohnert Park do ordain as follows:
SECTION 1: AMENDMENT. Section Chapter 3.21.150 of Chapter 3.21 (Transaction and Use
Tax) of the Rohnert Park Municipal Code shall be amended to read as follows:
3.21.150 Termination Date
The authority to levy the tax imposed by this ordinance shall not expire, unless terminated
by a unanimous vote of the City Council.
SECTION 2: FULL FORCE AND EFFECT. Except as herein otherwise expressly provided,
Chapter 3.21 (Transaction and Use Tax) of the Rohnert Park Municipal Code shall remain in full
force and effect.
SECTION 3: SEVERABILITY. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
SECTION 4: EFFECTIVE DATE. This Ordinance shall be submitted to the voters at an election
to be held on November 5, 2013. Upon approval by a majority of the voters of the City voting on
this Ordinance, the amendment of Chapter 3.21 of the City's Municipal Code shall take effect
immediately and the Transactions and Use Tax shall be continued as provided for in this Ordinance.
SECTION 5: PUBLICATION. The City Clerk of the City of Rohnert Park is hereby directed to
cause the following summary of the ordinance to be published in a newspaper of general
circulation, published and circulated in the City of Rohnert Park:
Contingent upon majority voter approval, this ordinance amends the termination date of the
existing transactions and use (sales) tax. The tax will no longer expire on the fifth
anniversary. The tax will continue until terminated by a unanimous vote of the City
Council.
SECTION 5: EXECUTION. The Mayor is hereby authorized to attest to the adoption of this
Ordinance by the voters of the City by signing where indicated below.
PASSED and ADOPTED by the City Council of the City of Rohnert Park on this 23`d day of July,
2013, by a two - thirds vote of the Council, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
JoAnne Buergler, City Clerk
APPROVED AS TO FORM:
Michelle Marchetta Kenyon, City Attorney
CITY OF ROHNERT PARK
Pam Stafford, Mayor
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