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HomeMy WebLinkAboutResolution 2014-161 N.C.S. 10/06/2014Resolution No. 2014-161 N.C.S. of the City of Petaluma, California EXPRESSING CITY COUNCIL SUPPORT FOR MEASURE "Q," A ONE -PERCENT GENERAL TRANSACTIONS AND USE TAX APPLICABLE IN THE CITY OF PETALUMA WHICH WILL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 4, 2014 WHERE, AS. during the recession beginning in 2007 the City of Petaluma: - experienced sales and property tax revenue losses of approximately $9.7 million - reduced the City workforce by approximately 70 positions (about 20% of the workforce) - reduced General Fund spending from $48.2 million to $32.5 million (about a 33% reduction) - lost about $13 million in funding due to elimination of redevelopment agencies; and. WHEREAS, the City eliminated the Community Development department, the Animal Services program, and privatized planning, animal care, custodial, and aquatics program services: and, WHEREAS, the Petaluma Fire Department currently operates at minimum staffing levels: and. WHEREAS, officer staffing in the Petaluma Police Department is at 1995 levels, with 15 fewer officers than in 3007: and, WHEREAS. Street Crimes. Narcotics and School Resources assignments in the Police Department have been eliminated: and, WHEREAS. the cost of providing Police and Fire services in Petaluma currently consumes about 75% of the City's General Fund revenues: and, WHEREAS, the City has deferred maintenance, repair, and capital costs for facilities. roads, sidewalks, and street lights; and, WHEREAS, the City lacks resources to fully fiord a storm water facilities/flood protection program: and, WHEREAS, imposition of a 1% transactions and use tax in Petaluma would generate approximately $10 million annually: and, WHEREAS. in accordance with Article liC, Section 2, subdivision (a) of the California Constitution, any tax imposed for general governmental purposes the proceeds of which are placed in the general fund and available for expenditure for any and all governmental purposes is a general tax, including where such proceeds are monitored and tracked separately from other tax receipts (see, e.g., 1Peisbl1i r. 013- gfSan Diego (2009) 176 CA4th 1022): and, Resolution No. 2014-161 N.C.S. Page I WHEREAS, on August 4. 2014, the Petaluma City Council adopted Ordinance No. 3507 N.C.S., An Ordinance of the City Council of the City of Petaluma on the Subject of a 1% Transactions and Use Tax Applicable in the City of Petaluma: Ordering the Submission of the Transactions and Use Tax to the Qualified Electors of the City at the General Municipal Election to Be Held on Tuesday, November 4.3014: Approving the Ordinance in Accordance with Revenue and Taxation Code Section 7285.9; Requesting the Sonoma County Board of Supervisors to Consolidate Said Election with the November 4, 3014 Statewide General Election: and Providing for Submission of Ballot Arguments and Rebuttals: and, WHEREAS, the Sonoma County Registrar of Voters has denominated the measure as Measure -Q-: and, WHEREAS: Measure Q, a One -Percent General Transactions and Use Tax Applicable in the City of Petaluma which Will Be Submitted to the Qualified Electors of the City at the General Municipal Election on Tuesday. November 4, 2014, would provide City general find proceeds available for expenditure for any and all governmental purposes such as street and sidewalk maintenance and repair, traffic improvements like the Rainier Crosstown Connector/Interchange, flood protection. storm drainage, vehicle replacement, restoring public safety positions, and public facilities improvements, among others: and, WHEREAS, on October 6. 2014. the City Council held a public meeting where all viewpoints were heard regarding City Council priorities for use of proceeds from Measure Q and adopted Resolution No. 201=4-160 N.C.S., which establishes the City Council's priorities for the use of proceeds if Measure Q is adopted by the voters; and, WHEREAS, if approved by Petaluma voters, Measure Q Will include the following accountability measures: Measure Q proceeds and expenditures using Measure Q proceeds must be monitored and trached separately from other tax receipts deposited in the city's General Fund: the City Council must appoint an independent citizen oversight committee of five members to review and report on the use of Measure Q proceeds: the meetings and records of the citizens oversight committee must be open to the public: and the City's Finance Director must oversee preparation of a quarterly report for submission to the oversight committee and publication on the City's website on all Measure Q proceeds and use of the proceeds; and, WHEREAS, local government agencies may, in an open and public meeting where all perspectives may be shared. adopt a resolution supporting (or opposing) a ballot measure to be offered to the voters (see, e.g., 1'611,t,CrS r. Cite q/'SCrlinus (3009) 46 Cal.4°i 1. Choice-/n- Lducation League r. Los.ingeles Unified School District (1993) 17 Cal,App.4°i 415.): and. WHEREAS, this resolution came before the City Council at a public meeting on October 6, 3014. at which members of the public, including proponents and opponents of Measure Q, Were free to comment on the measure and this resolution: and. WHEREAS. in accordance With Sections 8314 and 54964 of the California Government Code. and other applicable law, no public resources may be used to campaign for or against Measure "Q". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PETALUMA DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 3014-161 N.C.S. Page 2 The above recitals are hereby declared to be true and correct and findings of the City Council of the City of Petaluma. 2. The City Council supports Measure Q. a One -Percent General Transactions and Use Tax Applicable in the City of Petaluma which Will Be Submitted to the Qualified Electors of the City at the General Municipal Election on Tuesday, November 4, 2014, because Measure Q Would allow the City of Petaluma to emerge from the recession with finding needed for: restoring public safety positions: repairing aging roads and sidewalks, relocating, modernizing and expanding fire stations and the police stations, replacing outdated fire engines, ambulances and police cars: completing flood protection projects, and completing the Rainier crosstown connector/interchange. 3. By Resolution No. 3014-160 N.C.S. adopted October 6, 3014 the City Council has established the priorities for the use of the proceeds from Measure Q. if it is approved by the voters. as follows: a. Street and Sidewalk Maintenance, Repair and Reconstruction b. Constructing the Rainier Crosstown Connector/Interchange Project c. Mood Protection and Stortn Drainage d. Vehicle Replacement e. Restoring Police Officer Positions f. Fire/Police Station Upgrades/Replacement & Museum Seismic Retrofit g. Street Lighting Under the power and authority conferred upon this Council by the Charter ol'said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the lAppruPed as to Council of the Cit of Petaluma at a Regular meeting on the 6o' da} ol'October, ��i m: 20 W. by the following vote: 1 Cite r torney AVCS: Albertson. I-larris, I Iealy. Vice Mayor Reorney. Miller NOES: Barrett. Mayor Glass ABSENT: None ABSTAIN: Nonee ATTEST: Cite Clerk blavor Resolution No. 2014-161 N.C.S. Page 3