HomeMy WebLinkAboutStaff Report 4.A 07/16/2012 ,cp,Ltr
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DATE: July 16, 2012
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Eric Danly, City Attorney
Claire Cooper, ,City Clerk
SUBJECT: A Resolution of the City Council of the.City of Petaluma Ordering the
Submission to the Qualified Electors of the Cityof an Ordinance to Impose an
Annual Parcel Tax on Parcel Owners in the City of Petaluma to Fund Specified
Park and Recreation Facilities and Programs in the City of Petaluma at the
General Municipal Election to Be Held on Tuesday, November 6, 2012,
Requesting the Sonoma County Board of Supervisors to Consolidate Said
Election with the November 6, 2012 Statewide General Election and Providing
for Submission of Ballot Arguments and Rebuttals
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution placing a proposed park
and recreation parcel tax initiative measure on the November 6,2012 general election ballot,
requesting consolidation and providing for submission of ballot arguments and rebuttals.
BACKGROUND
On April 13, 2012, a revised proposed ballot initiative was submitted to the City which its
proponents titled The Save Petaluma Parks and Recreation Initiative. In accordance with
applicable law, the City Attorney provided a ballot title and summary on April 16, 2012, and a
notice of'intent to circulate voter petitions on the measure for signature was published in the
Argus Courier on April 19, 2012. The proponents gathered signatures intending to submit
sufficient signatures in time to qualify the measure for the November 6, 20,12 general election.
If approved by two-thirds of Petaluma voters, the measure would impose an annual parcel tax on
Petaluma parcel owners ranging from 552 for single-family residential parcels to $500 for
multiple-residential-unit parcels with 11 or more units. Tax amounts would vary depending
upon parcel use, and whether a parcel is improved. The measure would exempt parcels owned
by schools, senior citizens, religious institutions, government, and nonprofit service
organizations,and exempt common areas, as defined in themeasure. The measure would also
partially exempt affordable housing projects. The tax proceeds would only be used to fund
specified parks and recreation projects and programs, in estimated specified amounts for each
Agenda Review: Th
City Attorney / Finance Director City Manager
project, and specified administrative costs of the City. If approved, the tax would be levied
annually through July, 2027.
Signed petitions supporting the measure were submitted to the City Clerk on July 14, 2012 and
forwarded to the County Clerk for inspection and verification. The City Clerk received the
County Clerk's Certificate to Initiative Petition which provided a verification sample of the
petition signatures on June 19, 2012. The City Clerk has indicated that enough valid signatures
have been submitted to permit the City Clerk to certify the measure.
On May 7, 2012, the City Council adopted Resolution no. 2012-059 N.C.S. accepting
information on fiscal and other impacts of the proposed measure. A copy of Resolution no.
2012-059 and the staff report are attached as Exhibit D to the resolution attached to this staff
report.
DISCUSSION
Pursuant to the California Constitution, Article XIIIA, §4, Article XIIIC, §2(d) and Government
Code §53722, the City cannot adopt a special tax without submitting it to the voters. Therefore,
once the City Clerk has certified the sufficiency of the petition, the Council must take one of two
actions prescribed in Elections Code section 9215. Either the City Council must place the
measure on the ballot for the next regular municipal election, which in this case is November 6,
2012, or the City Council must order a report pursuant to Elections Code section 9212 on the
impacts of the measure. On May 7, 2012, the City Council accepted information on fiscal and
other impacts of the proposed measure, and declared that it would request no further such report.
Given the Council's decision to not seek a further report on impacts of the proposed measure,
unless the Council intends to revisit that decision, the City Council is required under the
Elections Code to act to place the measure on the November, 2012 ballot by August 6, 2012.
FINANCIAL IMPACTS
City costs related to the proposed measure consist of City staff time, April through June, in the
amount of$1,410 and city attorney time of approximately$8,320 as of June 26, 2012. Such
costs include time spent on communications with measure proponents, review and comment on
measure drafts, preparation of the required measure title and summary, review of the notice of
intent to circulate a petition and the affidavit of publication, preparation and presentation of
information on the measure's impacts and preparation of this report and the attached resolution.
Further staff and city attorney time will be needed to prepare and process the noticing and ballot
materials required by law. Costs of the election attributable to the measure, payable by
agreement between the City and the County Clerk, are estimated at $15,639 to $31,227.
According to the text of the measure, it is intended to produce total tax revenues over a 15 year
period of approximately $1 1,922,000, to be allocated to specified park projects and programs as
prescribed in the measure. Costs incurred by the City in administering the measure would be
recoverable from tax proceeds. Other fiscal impacts of the measure are detailed in the
"Summary of Fiscal and Other Impacts of the Proposed Parcel Tax Initiative to Fund Specified
Park and Recreation Programs in the City of Petaluma" accepted by the City Council on May 7,
2012, and attached as Exhibit D to the attached resolution.
ATTACHMENTS
1. Resolution placing a proposed park and recreation parcel tax initiative measure on the
November 6, 2012 general election ballot, requesting consolidation and providing for
submission of ballot arguments and rebuttals.
1/43
ATTACHMENT 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA
ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY
OF AN ORDINANCE TO IMPOSE AN ANNUAL PARCEL TAX ON PARCEL
OWNERS IN THE CITY OF PETALUMA TO FUND SPECIFIED PARK AND
RECREATION FACILITIES AND PROGRAMS IN THE CITY OF PETALUMA AT
THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 2012, REQUESTING THE SONOMA COUNTY BOARD OF
SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE NOVEMBER 6,
2012 STATEWIDE GENERAL ELECTION AND PROVIDING FOR SUBMISSION
OF BALLOT ARGUMENTS AND REBUTTALS
WHEREAS, on April 13, 2012, a voter initiative was filed with the Petaluma
City Clerk which, if approved by a two-thirds majority of City voters, would impose an
annual parcel tax on parcel owners in the City of Petaluma to fund specified park and
recreation facilities in the City of Petaluma in specified amounts ("the initiative"); and
WHEREAS, on April 16, 2012, a title and summary of the initiative was
provided to the initiative filer, which title and summary are attached to this resolution as
Exhibit A; and
WHEREAS, the initiative proponents filed with the City Clerk on April 19, 2012
a certification of publication in the Petaluma Argus Courier of a notice of intent to
circulate a petition concerning the measure, which certification is attached to and made a
part of this resolution as Exhibit B; and
WHEREAS. on June 14, 2012, proponents of the initiative filed with the City
Clerk documents purporting to include 558 petition sections containing 5,158 signatures;
and
WHEREAS, the petition sections received June 14, 2012 were forwarded to the
Sonoma County Clerk pursuant to an agreement between the City of Petaluma and the
County of Sonoma concerning the provision of certain election services; and
WHEREAS, the Sonoma County Clerk has provided a certificate concerning
review of the petition sections; and
WHEREAS, Section 9114 of the California Elections.Code requires the City
Clerk, as the City Elections Official, to examine such petition sections and certify the
results of the examination within 30 working days (excluding Saturdays, Sundays, and
holidays) of filing of the petition, or in this case by the July 27, 2012; and
4
WHEREAS, California Elections Code Section 9114 further provides that if such
petition is found insufficient, no further action may be taken on the petition; and
WHEREAS, California Elections Code Section 9215 requires that if such petition
is found sufficient, the City Council must take one of three actions prescribed under that
section, namely: 1) adopt the ordinance, without alteration, at the meeting at which the
petition is certified, or a regular meeting within 10 days of that meeting, 2) submit the
ordinance to the voters pursuant to California Elections Code Section 1405, subdivision
(b) at the next regular municipal election, or 3) order staff to submit a report concerning
potential fiscal, general plan and zoning, land use, infrastructure, and other impacts of the
initiative within 30 days of the meeting at which the petition is certified; and
WHEREAS, the Petaluma City Clerk, as the City's Elections Official, has
certified the sufficiency of the petition in accordance with California Elections Code
sections 9114, 9115 and other applicable law, and the Clerk's certification is attached to
and made a part of this resolution as Exhibit C; and
WHEREAS, if adopted, the initiative would impose a special tax; and
WHEREAS, pursuant to the California Constitution, Article XIIIA, §4, Article XIIIC,
§2(d) and Government Code §53722, no special tax shall be imposed by a local government
unless and until such special tax is submitted to the electorate of the local government and
approved by a two-thirds vote of the voters voting in an election on the issue; and
WHEREAS, on May 7, 2012 the City Council adopted Resolution No. 2012-059
N.C.S., Accepting Information on Fiscal and Other Impacts of the Proposed Parcel Tax
Initiative to Fund Specified Park and Recreation Facilities and Programs in the City of
Petaluma, which resolution and staff report are attached to and made a part of this
resolution as Exhibit D; and
WHEREAS, November 6, 2012 is the date of the City's next regular municipal
election; and
WHEREAS, Section 4 of Article III of the Petaluma City Charter provides that
except as otherwise specified in the charter, all regular and special city elections are to be
held in accordance with the California Elections Code, as amended; and
WHEREAS, Section 76 of Article XII of the Petaluma City Charter provides
that ordinances may be enacted by and for the city pursuant to Division 4 of Chapter 3 of
Article 1 of the California Elections Code, as amended; and
S
WHEREAS, provisions of the California Elections Code set forth the procedures
and requirements for the submission of measures to the voters, including consolidation of
municipal and statewide elections, placement on the ballot, amendment and withdrawal,
submission of ballot arguments, and preparation of impartial analysis and rebuttal
arguments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
PETALUMA DOES HEREBY RESOLVE AS FOLLOWS:
1. Pursuant to the requirements of the City of Petaluma Charter, California
Elections Code Section 9222 and other applicable law, there is called and ordered to be
held in the City of Petaluma, California, on Tuesday, November 6, 2012 an election for
the purpose of submitting to the voters a measure that would impose an annual parcel tax
on parcel owners in the City of Petaluma to fund specified park and recreation facilities
in the City of Petaluma in specified amounts.
2. The ballot language for the proposed ordinance shall be as follows:
MEASURE
Shall the City of Petaluma ordinance enhancing
specific park and recreation projects, making trail/field
safety improvements and playgrounds more
handicapped-accessible, repairing/replacing outdated,
deteriorating facilities, and establishing new recreational
opportunities by levying a fifteen-year parcel tax of $52 YES NO
annually for single-family homes, with specified amounts
for multi-family and other properties, and exemptions for
seniors and others, with all resulting revenue remaining
local (exempt from state use), annual audits, and
supervision by an independent citizens' oversight
committee, be adopted?
3. The measure to be approved by the voters pursuant to Section 2 of this
resolution is as set forth in Exhibit E attached hereto.
4. (a) An election on the measure set forth in Section 2 shall be held in
conjunction with the municipal election to be held in the City of Petaluma on Tuesday,
November 6, 2012. In accordance with the Petaluma City Charter and California
Elections Code Section 10403, the City Council requests that the Board of Supervisors of
Sonoma County consolidate the election on the measure with the statewide general
election on the same day and issue instructions to the Sonoma County Election
Department to take any and all steps necessary for the holding of the consolidated
election.
(b) The election on the measure set forth in Section 2 shall be held and
conducted, the votes canvassed and the returns made, and the results ascertained and
determined as provided for herein and the California Elections Code.
(c) The election for the measure set forth in Section 2 shall be held in Sonoma
County in the City of Petaluma on November 6, 2012, as required by law, and the
Sonoma County Election Department is authorized to canvas the returns of that election
with respect to the votes cast in the City of Petaluma.
(d) In accordance with and subject to the Petaluma City Charter, at the next
regular meeting of the City Council of the City of Petaluma occurring after the returns of
the election for the measure set forth in Section 2 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.
5. (a) In accordance with California Elections Code Section 9282 and 9283,
arguments submitted for or against the measure shall not exceed 300 words in length, and
shall be printed upon.the same sheet of paper and mailed to each voter with the sample
ballot for the election and be signed by not more than five persons.
(b) In accordance with California Elections Code Section 9282, the following
headings, as appropriate, shall precede the arguments' wording, but shall not be counted
in the 300 word maximum: "Argument In Favor of Measure. " or, "Argument
Against Measure " (the blank spaces being filled only with the letter or
number, if any, designating the measure).
(c) In accordance with California Elections Code Section 9283, printed
arguments submitted to voters in accordance with Section 9282 of the Elections Code
shall be filed with the City Clerk, accompanied by 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 of one its principal officers
who is the author of the argument. Arguments are due in the office of the City Clerk
prior to 5:00 p.m. on Monday, August 20, 2012.
6. (a) Pursuant to California Elections Code Section 9285, when the City Clerk
has selected arguments for and against the measure that will be printed and distributed to
the voters, the City Clerk shall send copies of the argument in favor of the measure to the
authors of the argument against, and copies of the argument against to the authors of the
argument in favor. Rebuttal arguments shall be printed in the same manner as the direct
arguments. Each rebuttal argument shall immediately follow the direct argument that it
seeks to rebut.
(b) Rebuttal arguments shall not exceed two hundred fifty words and be signed
by not more than five persons The author or a majority of authors of an argument
relating to a City measure may prepare and submit a rebuttal argument or may authorize
in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
(c) The last day for submission of rebuttal arguments for or against the measure
shall be by 5:00 p.m. on Thursday, August 30, 2012.
(d) All previous resolutions providing for the filing of rebuttal arguments for
City of Petaluma measures are repealed. The provisions of this resolution concerning
rebuttal argutnents shall only apply to the election to be held on November 6, 2012, and
following the conclusion of that election are repealed.
7. hi accordance with California Elections Code Section 9280, the City Attorney
is directed to file with the City Clerk by Monday, August 20, 2012, an impartial analysis
of the measure, not to exceed five hundred words, showing the effect of the measure.
8. The City of Petaluma recognizes that additional costs may be incurred by the
County by reason of the measure and agrees to reimburse the County for such costs. The
City Manager is hereby authorized and directed to appropriate the necessary funds to pay
for the City's cost of placing the measure on the election ballot.
9. (a) The City Clerk is directed to file a certified copy of this resolution with the
Board of Supervisors of Sonoma County and the Sonoma County Elections Department
on or before Friday, August 10, 2012. The City Clerk is hereby authorized and directed
to take all steps necessary to place the measure on the ballot and to cause the measure
attached as Exhibit E to be published once in a newspaper of general circulation, or any
other newspaper designated as the official newspaper of the City of Petaluma, in
accordance with California Elections Code Section 12111 and California Government
Code Section 6061. A copy of the measure shall be made available to any voter upon
request. The City Clerk is authorized and directed to give further additional notice of the
measure in time, form and manner as required by law.
(b) In all particulars not recited in this resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
REFERENCE: I hereby certify the fdregoing Resolution was introduced and Approved as to
adopted by.the Council of the City of Petaluma at Regular form:
meeting on the day of 2012,by the following vote:
City Attorney
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk Mayor
61
•
PARCEL TAX INITIATIVE TO'FUND'SPECIFIED PARK AND RECREATION
FACILITIES AND PROGRAMS IN THE CITY OF PETALUMA
(Cal.Elections Code 49203)
• If approved by two-thirds of Petaluma voters, this measure would impose an annual
parcel tax on Petaluma parcel owners. The tax proceeds would only be used to fund specified
parks and recreation projects and programs in specified, approximate amounts. For parcels of
owners legally exempt from taxation, the tax would be imposed on the holder of any possessory
interest in the parcels, unless'the interest holder is also legally exempt from taxation.
The measure would impose specified annual, per-parcel tax amounts ranging from$52
for single-family residential parcels,to $500 for multiple-residential-unit parcels with 11 or more
units. Tax amounts vary depending upon parcel use, and whether the parcel is improved. The
measure would exempt parcels owned by: private, parochial and special schools; senior citizens;
religious institutions;government; and nonprofit service organizations, as defined in the
measure. The measure;would also partly exempt affordable housing projects, and exempt
common areas, as defined in the measure. The measure would require exempt parcel owners to
timely submit tax exemption forms.
The tax would be imposed each July 1 beginning July 1,'2013 and continuing through
July 1,2027, and be collected in the same way as property tax. Each year's payment could be
paid in two installments due December and April 10.
The measure provides-:for establishment of a citizen oversight committee appointed by
the Petaluma Recreation,Music, and Parks Commission that would report on how parcel tax
funds have been spent. The measure would require the City manager to provide the oversight
committee administrative support and quarterly project status reports. The measure would
require the City's chief fiscal officer to report annually on funds collected'and:expended, and on
project status.
The measure would require the,City to oversee collection and receipt of all tax proceeds,
to deposit them into a special account, and to expend them'only for authorized purposes. The
City would be required to administer and enforce the measure,and authorized to adopt
enforcement rules and regulations. The measure permits authorizing Sonoma County to collect
the parcel tax proceeds in the same manner as City property taxes,- with the same penalties and
interest for non-payment. Parcel tax proceeds could be used to pay for City administrative.
support to the oversight committee, the annual financial report,City costs of collection, deposit,
administration, and enforcement, and any collection charges imposed by Sonoma County.
The measure authorizes the City council to promulgate regulations consistent with the
measure's purposes. The measure prohibits.the City council from increasing parcel tax rates
without voter approval, and authorizes the City council'to make changes,to the measure that ate
consistent with the measure's purposes, and that are recommended by the oversight committee.
I I
Parcel Tax Initiative to Fund Specified Park and Recreation Facilities and Programs.in the City of Petaluma
The measure also addresses: City authority to examine and compel production of
specified records related to parcel ownership and tax computation; tax delinquencies;penalties;
interest;refunds; definition of terms; and interpretation of the measure. The measure would be
automatically repealed on July 1,2031, four years after the final e of the tax.
Dated: April 16,2012 By:
Eric W. D y
City Attorney, City of Petaluma
1836495.1
•
CERTIFICATION OF PUBLICATION IN
Petaluma'-Argus-Courier
(Published Thursdays)
IN THE •-
NOTICE OF{INTENT TO CIRCULATE PETITION
SUPERIOR COURT .r
x Whoa Is hereby given by ttition sons whose names appeailhere e. of their.
OF THE ^llntention to percept x mite tition n the the City of Petalumaffor ,the purpose`
,,'of planngsed actio tax initiative on the bale pets statement flows:In order'to
STATE OF CALIFORNIA -the proposed action as contemplated In the patition iO a"tioollows.In order'to
?theintain,lrepeir'and ding for'.the Cltys parks;and recreetion.l existis dae to' •
In and for the County of Sonoma .-
tine QTy s lack otfuotling tor,maintenanca andim riding f o iex and rig,parks:
and recreationfaalmesj it is the inttys lack:e f ct of th f parcel t a initiative
i antl poseali$52 an guar Rdenti intent and awed of thfs parcel■tnt Iforiabve.
DECLARATION Vito Impose a$52annual ustrial,al d.Othe lax with es,and wamCert for em-
,tifamdy cammeodial 5 years tend other properties;efoil th'cert prbjeem:
I am a citizen of the United States, over the age of ;tionsi fora period of 15 years to be used solely for the following 8 pmiectsk:
!Cavanagh Center,and Swimi Center Improvement Pla round Re lacements.
eighteen years and a resident of said county and was at andtTennis Court Resurfacing;.David'IYearsley,RiverYHentage,Center,C East
all said times the principal clerk of the printer and Washingtonpark;P011y,Hannaly Klaas Center.Renovetion and Youth Program
De elopmeni,CommunityjCenter Renovation TExtension of Trails and River
publisher of The Petaluma Argus-Courier, a newspaper .Access and Prince Park Upgrade A Citizen'Oversight Committee will ensure
'ahatiall proceeds`from the,initiative are?used'exclusively foiithe 8itargeted
of general circulation, published weekly in the City of projects m _-
Petaluma, in said County of Sonoma, State of California;. ry a;Fefe 'A.:4,tfi 'fat t vfst ' `';•Mark elFerguson ir 209 K l t Ebeq--;(; 'Kevin McDonnell
that The Petaluma.Arg US-Courier Is and was at all times .=f i2 Rancho Bonito Circle:299:Kent Street : 311 Howaid!Streett
herein mentioned, a newspaper of general circulation as etaluma,CA94954 fPetaluina,CA 949520 Petaluma CA'94952
P
;' BALLOT TITLE
defined b ' 5000 of h Cov .G IATI
that term is v luEd y v �� ��..� .. the ..,li VuCni �PARCEL.TAX INITIATIVE TO FUND SPECIFIEDtPAPK AND':RECREATION I
Code; VV t f i :FACILITIES AND PROGRAMS'IN.tTHE CITY;OF;PETALUMA-
ode, its gams as such re.ysa-cr of general circulation • - , i _ r (cal Elections Code§9203) i
having been established by Court Decree No. 35518 of :; fz6 BALLOTSUMMARY -t.
the Superior Court of the State of California, in and for !Ii approvadiby two thuds of PetalumaAVOtersitms measure.wouitl Impose
an'annual arcohtax onhOetalumakparcel avmers The tax proceeds would I,
the County of.Sonoma, Department No.-1 thereof; and as i only be used proxi ate a fienlparks and recreaoon rolegalland programs
tnSneeified approximate imounts on therceld et;Whirs y pons ally exempt from
provided by said Section 6000, is published ,for the dillies-ad ypossessory interest in
P y P taxation the tai woultl be on the holder.of an
dissemination of local and telegraph- news and the parcels unless the interest holder is also legally exem m pt fro taxation.
The measurewould impose specifed ann al perparcel tax amounts ranging..
intelligence of a general character, having a' bona fide from 852 for,smgle family resideabal parcels to$500 for multiple res cannel'
unit parcels iwihttlior more:units Tax amounts vdry depending upon parcel
subscription list of paying subscribers, and is not devoted use and whether the parcel is improved`The measure would'exempt parcels!'
ownediby: private parochial antl special schools Senior eitlzens religious'
to the interests, or published for the entertainment or ' insitutions government,fand.nonprofit;service organizations; as defined
•Instruction of a part'CUlar class, profession, trade;calling, in the measure„The measurelwould also partly exempt affordable housing.
projects and exempt common areas as defined in the measurer The measure' •
race or denomination, or for the entertainment and ”would require exemptparcel owners to timely subritif tai exempton forms.,
The tax would be imposed each July 1 beginning July 2013 and continuing
instruction of such classes, professions, trades, callings, throughjdly1,2027,and be collected ialtheYsame ayas property tax,Each
year's payment could be paid in.two installments dueiDecember and April 10.
races or denominations, that at all said times said iThe measure provides for`establishment'of'a°citizen oversight committee
newspaper has been established, published in the Said .appointed by tthe,Petaluma Recreation Music;and Parks(COmmission that
would report on how parcel tax!funds have,been spent'The'measure.would
City of Petaluma, in said County and State at regular require the City manager,to'provide the oversight committee administrative
the first
support and quarterly project'status reports.The measure would`require the
intervals for more than one yeaI'. preceding Ciivi cheffiscal'officer to report annually onfundss collected"and expended,
publication of this notice herein mentioned; that said and on Project siaira e
The measure,woultl require the'Cty to oversee'collection'and receipt of all
notice was set in type not-smaller than nonpareil and was tax proceeds,tom deposit them into a special accountrand to expend them only
for authorized purposes,The City would be required to administer and enforce.
preceded with words printed in black face type not the measue ands authorizedyto_adopt enforcement rules and regulations.
The measure-permits a'utharizingl 5o oma,Coun to collect"the arcel tax
smaller than nonpareil, describing and expressing in -- ry . E p
P describing P b proceeds m the same manner.as City p op roceexes with the same penalties
general terms, the purport and character of the notice and interest forinon paymentlj Parcel lax proceeds could be used to pay for
City admin strative support tohthe oversight:committee,the annual financial
'intended to be given NOTICE OF INTENT TO report CM1ycostsof collection,deposit administrationand enforcement,and
any collection charges Imposed by Sonoma County , '
C!Relit.ATE PFT.ITION. in printed ,ray
�._ r....._ COPY, The measure autu e' es th City he ne l t re ptehi laic u!ati
9 g a s nnsis-
Ublished and printed in said newspaper at. least one innr iM1tbemeasrresp pwithuty rappoval, anda Ctres theBoni
P P { P increasing parcel eta 1 is t without sure approval a d authorizes the ea-
consecutive tittle consr.enciug cm the 19 day of April corned to make.changes rerecomeaeure ihat'are oversite cwith the mea-
sure's s purposes,and that are recommended by ahe oversight.committee.
2012 and enclitic, on the 19th day of April, 2012, t0-wit 'The nieasarealso add,reseed City arcel o yto examine and omput produc-
tion of specified records related to parcel ownership antl tax ;and inationi tax the'aiiii nalties measur refuntls definition eftenepeale nterpreta-
tion of the measure The measure would be automatically.repealed on July.1,-
2031,four years after the final levy of the taz' `
1 DECLARE UNDER PENALTY OF-PERJURY that the '"DatedApril'10;,2012 - .
.By:/ii!
foregoing is trite and correct. Eric W.Danly._
City Attorney,City of Petaluma •
DATED this 19th day of April, 2012, at Petaluma, 2sTesTO-.Pro:.Apr:t9;@012: tb.
California.
Signed - ♦ .-
if Mary Jane Hutchinson,—Chief lerk
2578670
1+
City Clerk's Certification
(Cal, Elec. Code §9114)
Parcel Tax Initiative to Fund Specified Parks and Recreation.Facilities and
Programs in the City of Petaluma
The following certification is made by the Petaluma City Clerk in her capacity as
Elections Official for the City of Petaluma pursuant to Elections Code,Section 9114 and
other applicable law. In accordance with Section 9114 the Elections Official is required
to examine initiative petitions and to determine whether-=they are signed by the requisite
number of voters within 30 days (excluding Saturdays, Sundays,and holidays) from the
date of the filing of the petition, and, if the petition is Mound sufficient, to certify the
results of the examination at the next regular meeting of the legislative body.
Factual Background
On April 12, 2012, a notice of intent to circulate petition was received from Carol
Eber on behalf of a group called "Petaluma Friends of Recreation.""On April 13, 2012, a
revised proposed ballot initiative was submitted to the City which itsiproponents titled
"The Save Petaluma Parks and Recreation Initiative." The measure,•,if approved by a two-
thirds majority of City voters, would impose an annual parcel tax on parcel owners in the
City of Petaluma to fund specified park and recreation facilities and`programs in the City
of Petaluma.
The measure was submitted to the City Attorney for preparation of ballot title and
summary which were provided to the proponents on April 16;'2012.
On June 14, 2012, initiative proponents filed documents_purportingto include 556
petition sections containing 5,161 signatures, and asserting that there were' 31,277
registered voters in the City of Petaluma when last reported to the[California Secretary of
State in effect at the time the Notice of Intent was published. In accordance with
Elections Code section 9255, to qualify for submission at a regular election, the petition
must be signed by electors equal or greater in number to ten percent of_the,registered City
voters, i.e.,3,127 valid signatures are required for certification of the measure.
The June 15, 2012 submission was forwarded that day to the Sonoma County'
Clerk pursuant to an agreement between the City of Petaluma and the,County of Sonoma
providing for the performance of certain election services by the County'Clerk.
On.June 19, 2012, the County Clerk's,office provided a certificate,statingthat:
• the petitions were received by the County Clerk June 15, 2012, the petitions consisted of
558 sections and had attached affidavits purporting to be of the signature gatherers
containing the dates the signatures were gathered,and stating that,signatures were:signed
in the-gatherers' presence;that the County Clerk'verified signatures by examining County
voter registration records; and that the County Clerk counted the following signatures
using a random sampling including examination of at least 500 of the signatures:
1 co
Unverified (raw count) 5,158,
Verified signatures 500
Verified, sufficient signatures 423 (84.6%)
Verified signatures not sufficient 77
Verified signatures not,sufficient because
duplicate 1
84.6% of the raw count of signatures = 4,363.668
Certification
The undersigned has examined the petition sections submitted June 15, 2012 in
accordance with California Elections Code Section 91:14 and 911.5 and the substantive
and procedural requirements contained in California Elections:Code Section 9200 et seq.,
and certifies that:
1. The required number of signatures to qualify the initiative for the ballot is
3,127 in accordance with California Elections Code Section 9255.
2. The petition includes 4,362 sufficient signatures in accordance with the
requirements of California Elections Code Section 9200 et seq. and other
applicable law, and therefore is sufficient pursuant to California Elections
Code Section 9114, 9115, 9255 and other applicable law.
Claire Cooper Date
Petaluma City Clerk
1932483.1
•
I �
Exhibit D
Resolution no. 2012-059 and Staff Report
ig
Resolution No. 2012-059 N.C.S.
of`the City of Petaluma, California
ACCEPTING:INFORMATION ON FISCAL AND OTHER IMPACTS OF THE
PROPOSED`PARCEL TAX INITIATIVE TO FUND SPECIFIED.PARK AND
RECREATION FACILITIES AND PROGRAMS IN THECITY OF'PETALUMA
WHEREAS, on April 13, 2012, a revised proposed ballots initiative`was submitted to the
City which its proponents titled "The Save Petaluma Parks and Recreation Initiative"; and,
WHEREAS, in accordance with applicable law, the.City Attorney-provided a ballot title.
and summary on April 16, 2012; and
WHEREAS, a notice:of intent to circulate voter petitions on the measure for signature
was published in the Argus Courier on April 19, 2012; and,
WHEREAS, pursuant to Elections Code section 9212, on April 16, 2012, the City
Council referred the proposed initiative to staff for analysis and a summary of its potential fiscal
and other impacts on the City; and
WHEREAS, at a public meeting on May 7, 2012, the City Council•considered and
accepted the Summary of Fiscal and Other Impacts of the Proposed Parcel Tax Initiative to Fund.
Specified Park and Recreation Facilities and Programs in the City of Petaluma attached hereto as
Exhibit"A:"
NOW THEREFORE, BE IT RESOLVED by the City Council of the City.of Petaluma
as follows:
1. The-Summary of Fiscal and Other Impacts of the Proposed Parcel Tax=lnitiative to
Fund Specified Park and Recreation Facilities.and Programs'in the Cit'OfPetaluma
attached hereto as Exhibit"A" is accepted as an accurate estimate ofthe;fiscal and
other impacts of the proposed initiative pursuant to California Elections,Code section
9212.
Resolution No.2012-059 N.C.S. Page 1 9
2. The City Council finds that the report attached as Exhibit "Q°' hereto concerning
fiscal and other impacts of the proposed measuresufficiently addresses such impacts
so as to inform the City Council and Petaluma voters, and declares that no further
such report.will'be requested by the City Council at or after time AS any petitions
relating to the initiative are submitted and/or certified by the City Clerk.
Under the power and authority conferred upon this Council by the Charter of said City..
REFERENCE: I hereby certify iheforegoing Resolution was introduced and adopted by the, Approved:art
Council or the'City of Petalimia at a Regular meeting on the 7'"day of May 2012,. fo t:
by the following vote•
- City Atior ey
AYES: Albertson.Barrett, Mayor Class:I lapis.Healy,Vice Mayor Renee
NOES: None
ABSENT: Kearney
ABSTAIN: None Alf1
ATTEST: ��—1i�-
City Clerk Mayor
Resolution No.20)2-059 N.C.S. Page 2
Exhibit A to Resolution 2012-059
SUMMARY OF'FISCAL AND OTHER IMPACTS OF THE PROPOSED PARCELTAX
INITIATIVE TO FUND SPECIFIED PARK'AND RECREATION FACILITIES
AND PROGRAMS IN THE CITY OF PETALUMA
(Elections Code section 9212)
On April 13, 2012, a revised proposed ballot initiative was submitted to the City, titled The Save
Petaluma Parks and Recreation Initiative. In accordance with applicable l'aw, the City Attorney
provided a ballot title and summary on.April 16, 2012, and a notice of intent to circulate voter
petitions on the measure for signature was published in the Argils Courier on April 19, 2012.
The proponents are currently gathering signatures and hope to submit sufficient signatures in
time to qualify the measure for the November 6, 2012 general election.
If approved by two-thirds of Petaluma voters, the measure would.impose an annual parcel tax
on Petaluma parcel owners rangingfrom $52 for single-family residential parcels to $500 for
multiple-residential-unit parcels with 11 or Mote units. Tax amounts-would vary depending
upon parcel use, and whether or nova parcel is improved. The measure'would exempt parcels
owned by schools, senior citizens, religious institutions,government; and.nonprofit service
organizations,and exempt common.areas, as defined in themcasure,.and'Would partially exempt
affordable housing projects. 'The tax proceeds would be segregated'from other City funds and
used only to fund.specified parks and recreation projects; facilities and programs, in estimated
specified amounts for each project, and specified administrative costs of the City: The tax
would be levied annually through July, 2027.
On April 16, 2012, the City Council referred the proposed initiative measure to City staff and
directed that staff report back at the.regular Council meeting of May 7, 2012 qn the significant
potential impacts of the proposed iriitiadve, in lieu of requiring an impact analysis ;after
certification of any petitions, should certification occur. The purpose of this summary is to
discuss significant potential fiscal and other impacts of the proposed initiative and:to provide
information to assist City decision m akers and members of the public in understanding the
impacts of the proposed initiative.
Elections Code Section 9212 provides that reports pursuant to that section may consider, in
addition to fiscal impacts of a proposed initiative, the proposed initiative's impact on funding
infrastructure and whether the measure is likely to result in increased' infrastrucnire costs or
savings, including -maintenance, for current residents. -I he impact report can also consider.
effects on the internal consistency of the general plan or land uses, the City's ability to meet
housing needs, the measure's impact on the City's ability to attract and retain business and
employment and any other relevant matters determined by the City Council.
Resolution No: 2012-059 N.C.S. Page 3
�:f
IMPACTS OF THE PROPOSED INITIATIVE
Significant potential impacts of the proposed initiative,if approved by the voters,,are-discussed
below.
1. Financial Impacts
A. Payment of the Parcel Tax by local property owners.
The proposed initiative proposes an annual parcel tax for a period of fifteen years,on all
residential, commercial and other properties in theCity, with some exemptions, as noted above.
The table below shows property-types and applicable annual tax rates. These funds would be
financial obligations of property owners, payable with annual real property tax bills.
Parcel Tax/Annual. Property Type/Owner
Amount per Parcel.
$ 52 Single family residential
200 Multifamily, 2 —4 units
425 Multifamily, 5-10 units
500 Multi family, 11 or more units
425 Hotels, motels, mobile home parks
200 Bed & Breakfast bins, Rooming'Houses
52 Commercial - unimproved
365 Commercial - improved
52 hndustrial - unimproved
365 Industrial - improved
52 :Agricultural
365 Miscellaneous
•
Exempt upon approval Private, parochial, special schools
by the Cityofan Senior citizens
exemption application Religious institutions
Government
Common areas
Non-profit service organizations
.50% exempt upon Affordable housing projects
app roval'by the City of an
exemption,applicadon
Resolution No.2012-059'N.C.S. Page 4
•
B. Beneficial-revenue to the City for parks and recreation uses.
The proposed•initiative'specifies eight parks and recreational projects; and the estimated
total tax revenue to be used fob each over the fifteen year period of the tax:
•
Aquatics facilities, including but limited to Cavanaugh $ 300,000
Center and the`Petaluma''Swirn Center
Petaluma Community Center • 1,300,00
Last Washington Park, including but not limited to
athletic fields, children's play areas, pedestrian and bicycle 6,122,000
pathways.
Playgrounds, park facilities :and tennis courts at local
parks, including butnot limited to Meadowvie'w; Arroyo,
Mhvok, McNear, Del Oro and Lucchessi Parks, 750;000
Polly Klass Performing' Arts Center, including but not
limited to infrastructure;. .seismic, safety and ADA
retrofitting, re-built stage and improved lighting, sound,
seating,interior and exterior 500;000
Hiking, running and biking trails, including but not:limited
to those in Wiseman, Westridge, Walnut. and .LaTercera,
• Parks and near the Petaluma Marina 350,000
Prince Park, including but• not 'limited to artificial turf
fields 2,100,000
• David Yearsley River Heritage Center 500,000
To :the extent that improvements to these facilities would otherwise not be made, or
would be made if and when City General Fund moneys become available, the proposed initiative
would be a subsrmt il'benefit to the City and the community as a whole.
C. Costs of maintenance for new facilities.
The' proposed initiative does not provide separate maintenance funds. The-measure
specifies that the tax proceeds be used foir the upgrading, renovating, repairing, updating and/or
constructing ofspecified facilities. Any`such costs,incurred after theespiration of the parcel tax
and exhaustion of tax proceeds would require other funding sources. Artificial turf fields at
Prince Pail( could decrease.Maintenance and water costs ifthey replaced existing natural turf
Resolution No. 2012-059 N.C.S. Page 5
fields. Adding playing fields at East Washington Park could allow for generation of user fees
that could provide maintenance.revenue.
D. City administrative costs.
The proposed initiative provides that funds from the parcel tax may be used to pay the
City's cost of obligations which the proposed initiative would impose. Such obligations include
overseeing the collection, receipt and enforcement of the parcel tax, establishing dedicated fund
accounts, provision by the City Manager of administrative,support creation of quarterly status
reports on funded projects for the Oversight Committee to be established by the proposed
initiative to monitor funding and, expenditures, and preparation 'of a, City Chief Fiscal Officer
annual report. Therefore, although the proposed initiative creates administrative obligations of
the City, it provides funding for such obligations.
2. Impact on General Plan 2025 policies and land use
The proposed initiative.supports existing City parks.andxecreanon facilities identified in
the General Plan 2025 and therefore does not create either internal inconsistencies within the
General Plan 2025, land use conflicts with the General Plan Land Use Map or conflicts with the
Implementing Zoning Ordinance: All of the facilities and parks targeted by the proposed
nitiaive are either shown as existingparks on the General Plan Land.Use Map, are contained
within existing park properties (such as the David Yearsley River Heritage Center in Steamer
Landing Park, and the Petaluma Community Center) or consist of a cultural facility specifically
recognized as a valuable community asset in the General Plan (such as the Polly Klass
Performing Arts Center).
The proposed initiative is generally supportive of the following General Plan 2025 Parks
and Recreation Goals:
Goal 6-G-1 Retain and expand City-wide park and recreation assets and programs
to maintain.the quality of life they provide to the community
Goal 6-G-2 Ensure parks and recreational assets are maintained to allow safe access
and use
Goal 6-G-4 Support and value the health, education, social activities and overall
well-being of our,citizens, regardless of age
Goal 6.-G-5 Recognize the inherent value to Petaluma's quality of life provided
through music, theater, dance, visual and literary arts and cultural
programs
Several Policies and Programs which implement these General Plan 2025 Goals,make
specific mention of restoring, niaintaining and using facilities which would.be partially funded by
the proposed parcel tax, including the Livery Stable/David Yearsley River-Heritage Center and
Polly Klass Performing Arts Center (Policy 6-P-1-I); aquatics programs at the Petaluma Swim
Center (Policy 6-P-1)); and support for senior activities, including the Cavanaugh Center (Policy
6-P-24-B).
Resolution.No. 2012-059 N.C.S. Page 6
3. Economic health an&theCity's ability to attract and retain business.
Although not identified expressly in the City's General Plan;2025 Economic Health and
Sustainabiliry element, it is generally accepted that parks and recreational amenities are important
to the overall vitality and"attractideness of a city. That sense•of vitality and community appeal
can be an asset to attracting the types of sustainable economic development recognized as
critical in the City's planning efforts to further economic.health and.susrainability.
4. Other Impacts
Because the proposed initiative would fund and improve existing facilities, it will not
negatively impact vacant land:or open space in the City, will not create new sources of traffic
congestion, and will not have a;negative effect on businessareas or areas planned for other types
of development, including revitaliation. The proposed initiative would not affect the ability of
the city to meet its General Plan housing goals as adopted in the City of Petaluma 2009-2014
Housing Element, adopted on June 15, 2009. The •proposed measure, if .approved, may
complement the City's efforts to provide adequate housingserving all income and age groups by
increasing the availability of free or modest-fee facilities for recreation which can be used by
residents, including low and moderate income persons, families, seniors and youth.
1875356.2
•
Resolution No. 2012-059 N.C.S. Page 7 n L
1 % <ciaiItenni #4.0
v`vAL.0
4 � . 9
1856
• DATE: May 7, 2012
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Eric Danly, City Attorney
Scott.Brodhun, Assistant City Manager
SUBJECT: Resolution AcceptingInformation on Fiscal and Other Impacts of the Proposed
Parcel Tax Initiative to Fund Specified Park and Recreation Facilities and
Programs in the City Of Petaluma
RECOMMENDATION
It is recommended that the.City Council adopt the attached Resolution Accepting Information on
Fiscal and Other Impacts of the Proposed Parcel Tax Initiative to Fund Specified Park and
Recreation Facilities and Programs in the City of Petaluma
BACKGROUND
On April 13, 2012, a revised proposed ballot initiative was submitted to the City which its
proponents titled The Save Petaluma Parks and Recreation Initiative. In accordance with
applicable law, the City Attorney provided a ballot title and summary on April 16, 2012, and a
notice of intent to circulate votef.petitions on the measurefor signature was published in the
Argus Courier on April 19, 2012.. The proponents are currently gathering signatures and hope to
submit sufficient signatures in time to qualify the'measure for the November 6, 2012 general
election.
if approved by two-thirds of Petaluma voters, the measure wouldimpose an annual parcel tax
on Petaluma parcel owners ranging froth $52 for single-family residential parcels to 5500 for
multiple-residential-unit parcels with 11 or more units. Tax amounts would vary depending
upon parcel use, and whether aparcel is-improved. The measure would exempt parcels owned
by schools, senior citizens, religious institutions,government; and nonprofit service
organizations, and exempt common areas, as defined in the measure. The measure would also
partially exempt affordable housing projects. The tax proceeds would only be used TO fund
specified parks and recreation projects and programs, in estimated specified amounts for each
project, and specified administradvetosts of the City. If approved, the tax would be levied
annually through July, 2027.
Agenda Review. 7
City Attorney l Finance Di -as City Manage
a
DISCUSSION
The Elections Code establishes specified deadlines for the City Olerk`to'.examine the initiative
petitions and certify signatures, and for-the City to take certain other actions related to a
proposed ballot measure. The;City Council may, but need not, direct-staff to prepare a report on
the fiscal and other impacts of a proposed measure. When the City Council directs that such a
report be prepared, it must be presented to the City Council no later than 30.days after the City
Clerk certifies the sufficiency of the petition. However, such a report, if ordered, may be
completed sooner. while the petition is being circulated.
Because little time remains for gathering,signatures in time to,qualify,for the November election;
at the City Council meeting on April 16th,the Council directed staff to provide analysis of the
fiscal and other impacts of the measure at the May 7`h meeting, ratherthan waiting until after
submission and certification of petitions. Proceeding in this manner.would give the measure
proponents additional time in which to gather enough signatures to qualify the measure for the
November ballot. This is because if the City has already prepared a report on the measure
impacts while signatures are being gathered, the measure proponents need,not allow for an extra
30 days' time after certification of the petition for the preparation of a report on impacts of the
measure.
FINANCIAL IMPACTS
City costs to date related to the proposed measure consist of City staff time (including City
Attorney time) spent on communications with measure proponents, review and comment on
measure drafts, preparation of the required measure title and summary,and review of notice of
intent to circulate petitions and the,affidavit of publication, as wellas time spent preparing this
report and the attached summary of impacts. Financial impacts of the measure itself,,should it
pass, are contained in the attached summary. According to the text of the measure, it is intended
to produce total tax revenues over a.15 year period of approximately $1'1,922,000, to be allocated
to specified park projects and programs as prescribed in the measure:. Costs incurred by the City
in administering the measure would be recoverable from tax proceeds.
ATTACHMENTS
I. The"Save Petaluma Parks and Recreation" Initiative, as submitted April 13, 2012
2. Ballot Title and Summary— Parcel Tax Initiative to Fund Specified Park and Recreation
Facilitiesand;Programs in the City of Petaluma
3. Published Notice of Intent to Circulate Petition and Ballot:Summary •
4. Resolution Accepting Information on Fiscal and Other Impacts of the Proposed Parcel Tax
Initiative to Fund Specified Parks and Recreation Facilities.and Programs in the City of
Petaluma
a-i
RESOLUTION ACCEPTING INFORMATION ON FISCAL AND OTHERIMPACTS OF THE
• PROPOSED.PARCEL TAX INITIATIVE TO FUND SPECIFIED PARK AND RECREATION
FACILITIES AND PROGRAMS.'IN'THE CITY'OF PETALUMA
WHEREAS, on April 13, 2012, a revised proposed ballot initiative was submitted to the City
which its proponents titled"The Save Petaluma Parks and Recreation ]niliaiive"; and
WHEREAS, in accordance,with applicable law, the City Attorney provided a ballot title and
summary on April 16,2012; and
WHEREAS, a.notice of intent to circulate voter petitions on the measure for signature was
published in the Argus Courier on April 19,'2012; and
WHEREAS, pursuant to Elections Code section 9212, on April 16, 2012, the City Council
referred the proposed inifiative to staff for analysis and a summary of its potential fiscal and
other impacts on the City; and
WHEREAS, at a public meeting on May 7, 2012, the City Council considered and accepted the
Summary of Fiscal and Other Impacts of the Proposed Parcel Tax Initiative to Fund Specified
Park and Recreation Facilities and Programs in the City of Petaluma attached hereto as Exhibit
NOW THEREFORE,, BE IT RESOLVED by the City Council of the City of Petaluma as
follows:
1. The Summary of Fiscal and Other Impacts of the Proposed Parcel Tax Initiative to Fund
Specified Park and Recreation Facilities and Programs in the City of Petaluma attached
hereto as Exhibit "A" is accepted'as an accurate estimate of the fiscal and other impacts
of the proposed initiative pursuant to California Elections Code section 9212.
2. The City Council finds that the report attached as Exhibit"A" hereto concerning fiscal
and other impacts-of the proposed measure sufficiently addresses such impacts so as to
inform the City Council and Petaluma voters, and declares that,no,further such report will
be requested by the City Council at or after such time as any petitions relating to the
initiative are submitted and/or certified by the City Clerk.
1875087.3
•
0-Q
SUMMARY OFFISCALAND'OTHER IMPACTS OF THE PROPOSED PARCEL TAX
INITIATIVE TO FUNDSPECIFIED PARK AND RECREATION FACILITIES
AND PROGRAMS IN THE CITY OF PETALUMA
,(Elections Code section 9212)
On April 13, 2012, a revised proposed'ballot:initiative was submitted to the City, titled.The Save
Petaluma Parks,and fiecreation Initiative. In accordance with applicable law, the City Attorney
provided a ballot title and summary on April 16, 2012, and a notice of intent to`circulate voter
petitions on the measurefor signature was published in the Argus Courier on April 19; 2012.
The proponents arc currently gathering Signatures and hope to submit sufficient-signatures in
time to+qualify the measure for theNoyetnber 6, 2012 general election.
If approved by two-thirds of Petaluma'voters, the measure would impose an annual-petrel tax
on Petaluma parcel owners ranging from 552 for single-family residential_parcels to 5500 for
multiple-residential-unit parcels with 11,or more units. Tax amounts would vary depending
upon parcel use, and whether ornot aparcel is improved. The measure would exempt parcels
owned by schools,senior citizens, religious institutions,government; and nonprofit service
organizations, and esetnpt common areaS, as defined in the measure, and would partially exempt
affordable housing projects: The tax:proceeds would be segregated from other City funds and
used,otily to fund specified parks and recreation projects, facilities and programs, in estimated
specified amounts for each project, and specified administrative costs of the City. The tax
would be levied annually through July, 2027.
On April 16, 2012, the City Council referred the proposed initiative measure to City staff and
directed that staff report back,at the regular Council meeting of May 7, 2012 on the significant
potential impacts of the proposed initiative, in Lieu of requiring an iinpact analysis after
certification of any petitions, should certification occur. The purpose of this summary is to
discuss significant potential fiscal and other impacts of the proposed initiative and to provide
information to assist City decision makers and members of the public in understanding the
impacts of the proposed initiative.
Elections Code Section 9212 provides that reports pursuant to that section may consider, in
addition to fiscal impacts of a proposed initiative, the proposed initiative's impact-on :funding
infrastructure and whether the measure is likely to result in increased infrastructure costs or
savings, including maintenance, for current residents. The impact report can also consider,
effects on the internal consistency of the general plan, or land uses, the City's ability to meet
housing needs, the measure's impact on the City's ability to attract and retain business and
employment and any other relevant matters determined by the City Council.
•
- 1 -
aa
IMPACTS OF THE PROPOSED INITIATIVE
Significant potential impacfs.,of theproposed:initiative, if approved'by the voters, are discussed
below.
1. Financial Impacts
A. Payment of the Parcel Tax by local property owners.
The proposed initiative proposes,an annual parcel tax..for a period of fifteen years on all
residential, commercial and other properties in the City, with some,exemptions, as noted above.
The table below shows property types and applicable annual tax "rates. These funds would be
financial obligations of property owners, payable with annual real property tax bills.
Parcel Tax/Annual Property Type/Owner
Amount per Parcel
$ 52 Single fanvly_residential
200 Multi family, 2— 4 units
425 Multi family, 5..-10 units
500 Multi family, 11 or more units
425 Hotels, motels, mobile home parks
200 'Bed & Breakfast Inns, Rooming Houses
52 Commercial - unimproved
365 Commercial - improved
52 Industrial - unimproved
365 Industrial -improved
52 Agricultural
365 'Miscellaneous
Exempt upon approval `Private, parochial, special schools
by the-City of an Senior citizens
exemption application Religious institutions
Government
Common areas
Non-profit service organizations
50% exempt upon Affordable housing-projects
approval by the City of an
exemption application
- 2 -
30
B. Beneficial revenue to the City for parks:and:recreation uses:
The proposed initiative specifies ieight parks and recreationa]',projects, and the estimated
total tax revenue to be used for each over the fifteen year period of the tax:
Aquatics facilities, including-but nor limited to Cavanaugh S 300,000
Center and the Petaluma Swim Center
Petaluma Community Center 1,300,00
East Washington Park, 'including but not limited to
athletic fields, children's play areas, pedestrian and bicycle 6,122,000
pathways
Playgrounds, park facilities and tennis courts at local
parks, including but not limited to Meadowview, Arroyo,
Miwok, McNear,.Del Oro and Lucchessi Parks 750,000
Polly Klass. Performing Arts Center, including but not
limited to infrastructure, seismic, safety and ADA
retrofitting, re-built stage and improved lighting, sound,
seating, interior and exterior 500,000
Hiking, running and biking trails,including but not limited
to those in Wiseman,, Westridge, Walnut and LaTercera
Parks and near the Petaluma Marina 350,000
Prince Park, including but not limited to artificial turf
fields 2,100,000
David Yearsley River Heritage Center 500,000
To the. extent that improvements to these facilities-would otherwise not be made, or
would be made if and when City General Fund moneys become available, the proposed initiative
would be a substantial benefit to the Cityand the community as a whole.
C. Costs of maintenance for new facilities
The proposed initiative does not provide separate maintenance funds. The measure
specifies that the tax proceeds be used for the upgrading;.renovating, repairing, updating and/or
constructing of specified facilities. Any such costs incurred after the expiration of the parcel tax
and exhaustion of the tax proceeds would require other funding sources. Artificial turf fields at
Prince Park would replace the natural turf fields, thus there would be a decrease in maintenance
- 3 -
3
and water costs if the measure`is approved., Adding playing. at East Washington Park
could allow for generation of user fees that Col provide maintenance-revenue.
D. City administratiVe costs.
The proposed initiative provides that funds from the parcel tax may be used to°pay the
City's cost of obligations which the proposed initiative would impose. Such obligations include
overseeing the collection, receipt and enforcement of the parcel tax, establishing dedicated fund
accounts, provision by the City Manager of administrative support creation of quarterly status
reports on funded projects for the Oversight Committee to be established by the proposed
initiative to monitor funding•and expenditures, and preparation of a City Chief Fiscal Officer
annual report. Therefore,,although the proposed initiative creates administrative obligations of
the City, it provides funding`for such obligations.
2: Impact on General Plan*2025 policies and land use.
The proposed initiative supports existing Ciry parks and recreation facilities identified in
the General Plan 2025 and therefore does not create either internal inconsistencies'within the
General Plan 2025, land use conflicts=with.the.General Plan Land Use Map or conflicts with the
Implementing Zoning Ordinance. All of the facilities and parks targeted by the proposed
initiative are either shown as existing paths on the General Plan Land Use Map, are contained
within existing park properties (such as the David Yearsley River Heritage Center'in Steamer
Landing Park, and the Petaluma Community Center) or consist of a cultural facility specifically
recognized as a valuable community asset in the General Plan (such as the Polly Klass
Performing Arts Center).
The proposed initiative is generally supportive of the following General Plan 2025 Parks
and Recreation Goals:
Goal 6-G-1 Retain and expand city-wide park and recreation assets and programs
to maintain the quality of life they provide to the.community
Goal 6-G-2 Ensure parks and recreational assets are maintained to allow safe access
and use
Goal 6-G-4 Support and value the health, education, .social activities and overall
well-being of our citizens, regardless of age
coal 6-G-5 Recognize the inherent value to Petaluma's quality of life provided
through music, theater, dance, visual and literary arts and cultural
programs
Several Policies and Programs which implement these General Plan 2025 Goals make
specific,mention of restoring,maintaining.and using facilities which would be partially funded by
the proposed parcel tax, including the Livery Stable/David Yearsley River Heritage Center and
Polly Klass Performing Arts Center (Policy 6-P-1-I); aquatics programs at the Petaluma Swim
Center (Policy 6-P-13); and support for senior activities, including.the:Cavanaugh Center (Policy
6-P-24-B).
•
• - 4 -
.
3. .Economic health and•theCCity's ability to attract and retairebusiness.
Although not identified expressly in the City's General Plan 2025.L,conomic Health and
Sustamabili y element, it isgeneially accepted<thatparks and recreational amenities are important
to the overall vitality and attnictiveness of a city: That 'sense of vitality and community appeal
can be an asset to attracting the types of sustainable economic development recognized as
critical in the City's planning:efforts to=further economic health and sustainability.
4. Other Impacts
Because the,proposed initiative would fund and improve existing facilities, it will not
negatively impact vacant land or open space in the City, will not create new sources of traffic
congestion, and will not have negative effect on business areasorareas planned for other types
of development, including revitalization. The proposed initiative would not affect the ability of
the city to meet its General Plan housing goals as adopted inithe: City of Petaluma'2009-2014
l-lousing Element, adopted on June 15, 2009. The proposed measure, if approved, may
complement the City's efforts to provide adequate housing serving allincome and age groups by
increasing the availability of free or modest-fee facilities for recreation which can be used by
residents, including low and moderate income persons,families, seniors and youth.
18753562
•
- 5 -
3S
THE SAVE.PETALUMA PARKS AND'RECREATION,INITIATIVE
The people of the City of Petaluma do ordain"as follows:
Section 1.
Chapter 4.50 is hereby added to Title 4 of the Petaluma Municipal Code; to read as
follows:
4.50.010 TITLE.
This chapter shall be known and referred to as "THE SAVE PETALUMA PARKS
AND RECREATION INITIATIVE."
4.50.020 FINDINGS.
The people of the City of Petaluma find and declare that:
A. For many years, Petaluma's investment in its parks and recreation facilities
has lagged behind a growing demand, resulting in insufficient recreational space and
numerous facilities that are outdated, under maintained, and in disrepair.
B. Petaluma's budget for park maintenance has been continually slashed,
resulting in reduced staffing, public facilities maintained by volunteers,and the necessary
suspension of important parks and recreation construction renovation projects.
C. Petaluma's inability to adequately fund the maintenance and repair of its
parks and recreation facilities has contributed to the deterioration of playing surfaces on
athletic fields and tennis courts, substandard hiking and biking trails, and the need for
major repairs to recreation facilities, including, but not limited to, the Petaluma Swim
Center and Petaluma Community Center.
D. Improvements to Petaluma's parks and playgrounds will enhance access for
all citizens, including,the disabled.
E. Throughout California, those communities which have invested in high
quality parks-and athletic facilities-have attracted thousands of visiting families who
attend sports festivals'and'tournaments, thereby generatingrevenue for hotels, shops,
restaurants, and other local:businesses, as well as contributing to city sales tax and
lodging tax revenue.
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F. Realtors cite:high quality parks and recreation facilitiesras a key decision
factor, for potential home purchasers or'companies considering relocating-their work
force, resulting in increased property values for all Petaluma residents.
G. Access to the performing arts and recreational programming, utilizing
safe, available facilities, has been demonstrated to keep youth away from gangs and
drugs by involving them in healthier pursuits.
1I. Petaluma'has!king been linked to the Petaluma River, and the David
Yearsley River Heritage Center will improve river access, maintain that historical
connection,and encourage the use of the river for recreation.
Article XIII A,.Section 4, Article XIII C, Section 2(d), and Article XIII
D, Section 3(a) of the California Constitution; Article XII, Section 76 and Article XIV,
Section 81 of the Petaluma City'Charter; California Government Code sections 50077
and 53724; and California'Elections Code section 9200 et.-seq.authorize'citiesto impose
a special tax, and for such tax`to become effective and enforc eable•if it receives the
approval of two-thirds of the voters voting on the measure.
4.50.030 PURPOSE.
The purpose of this chapter is to raise money from Petaluma property owners by
assessing an annual parcel tax,.and:to:use the,proceeds•of the:tax.solely to provide
funding for the upgrading, renovating, repairing, updating;and/or constructing of the
following parks and recreation projects and program's, in the following approximate
amounts:
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A. Aquatics facilities, including, but-not limited to, those of the Cavanagh
Center and the Petaluma Swim Center ($300,000).
B. The,Petaluma Community Center($1,30010.00).
C. East Washington Park, including, but not limited to, athletic
fields, children's'play areas, and pedestrian and bicycle pathways ($6,122,000).
D. Playgrounds, park facilities, and tennis courts, including, but not limited to,
those in Meadow View, Arroyo, Miwok, McNear, Del Oro, and Lucchesi
parks ($750,000).
E. The Polly Klaas PerformingArts-Center, including, but not limited to,
infrastructure, seismic, safety, and.ADA:retrofitting, a re-built stage, and,improv,ed
lighting, sound, seating, interior and exterior($500,000).
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F. Hiking, running. and biking trails,;including; but not limited to, those in
Wiseman, Westridge, Walnut and LaTercera parks; and near the Marina"($350,000).
G. Prince Park, including; but not limited to, the installation of artificial turf
fields ($2,100,000).
H. The David Yearsley River Heritage Center ($500,000).
4.50.040 IMPOSITION OF PARCEL TAX.
There is hereby imposed a tax on all Owners of parcels in Petaluma for the
privilege of using municipal services and the availability of such services. The tax
imposed by this chapter shall be assessed on the Owner unless the Owner is.by law
exempt from taxation, in which case, the tax imposed shall be assessed on the holder of
any Possessory Interest in such parcel, unless such holder is also by law exempt from
taxation. The tax is imposed as of July 1 of each year on the person who owned the
parcel or possessory interest on that'crate, except as otherwise provided for herein.
A. Base Amount of Tax. The tax hereby imposed shall be set as follows,
subject to exemption,as provided in section 4.50.050, below:
(1) For'owners of Single Family Residential Parcels, the tax shall be
at the annual rate of$52:00 per parcel.
(2) For'owners of.Multiple Residential Unit Parcels that contain two
to four Residential Units;the tax shall be at the annual rate of$200.00 per parcel.
(3) For owners of Multiple ResidentialUnit-`Parcels that contain five
to ten Residential Units, the tax shall be at the annual rate of$425.00 per parcel.
(4) For owners of Multiple Residential Unit Parcels that contain
eleven or more Residential Units, the tax°shall be at the annual rate of$500.00 per
parcel.
(5) For owners.of Hotels and Motels, the tax shall be at the annual rate
of$425.00 per parcel.
(6) For owners of Bed & Breakfast facilities and Rooming Houses,
the tax shall be at the annual rate of$200.06 per parcel.
(7) For owners of Commercial - Unimproved parcels, the tax shall be at
the annual rate of$52.00 per parcel.
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(8) For owners of Commercial Improved parcels, the tax shall be at
the annual rate of$365':00 per parcel.
(9) For owners of Industrial - Unimproved parcels, the tax shall be at
the annual rate of$52,00 per parcel.
(1 0) For owners of Industrial - Improved parcels, the tax shall be at
the annual rate of$365.00 per parcel.
(11) For owners of Agricultural parcels,.the tax shall be at the annual
rate of$52.00 per parcel.
(12) For owners of Miscellaneous parcels, the tax shall beat the
annual rate of$365.00 per parcel.
4.50.050 EXEMPTIONS.
A. Private, Parochial, and/or Special Schools. Private Schools, Parochial
Schools and Special Schools are exempt from the taxes imposed by this chapter if their
Owners complete and submit to the City on a timely basis a Private, Parochial, and/or
Special School Parcel Tax Exemption Claim form, with the required documentation,
which form will be developed and provided,by the City.
B. Senior Citizens. Senior Citizens are exempt from the taxes imposed by this
chapter if they own a single family residence and complete and submit to the City on a
timely basis a Senior Citizen Parcel Tax Exemption Claim form, with the required
documentation. which form will be developed and provided by the City.
C. Affordable Housing Projects: Affordable Housing.Projects are exempt
from.50 percent (50%)i of the taxes•otherwise imposed by this chapter if their Owners
complete and submit to the City onmtimely basis an Affordable Housing Project Parcel
Tax Exemption Claim form, with the.required documentation,which form will"be
developed and provided by the City;The:exemption;shall apply in the same,proportion
that the Affordable Housing Project is exempted from ad valorem property taxes.
D. Religious Institution Parcels. Religious Institution Parcels are exempt
from the taxes imposed by this chapter if their Owners complete and submit to the City
on a timely basis a Religion's Institution Parcel Tax Exemption:Claim form, with the
required documentation, which form will be developed and provided by City.
E. Governmental.Parcels. Governmental Parcels are exempt from the taxes
imposed by this chapter if their Owners complete and submit to the City on a timely basis
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a Governmental Parcel Tax Exemption Claim form,'with;the required documentation,
which form will be developed and provided'by the City.
F. Common Areas. Common Areas are exempt from the taxes imposed by this
chapter if their Owners complete and submit to the City on a timely basis aCommon
Area Parcel Tax Exemption Claim form, with the required documentation, which form
will be developed and provided by the City.
G. Non-profit service organizations which provide services to traditionally
underserved community members are exempt from the taxes imposed by this chapter if
they complete and submit to the.City on a timely basis a Parcel Tax Exemption Claim
form, with the required documentation, which form will be developed and provided by
the City.
4.50.060. ACCOUNTABILITY MEASURES.
A. CITIZEN OVERSIGHT COMMITTEE.
An independent citizen,oversightcommittee of five(5).members.shall be
appointed by the Petaluma Recreation, Music and Parks.Cornmission as drawn from a
pool of community nominations. The Oversight Committee'shall-include"a representative
of the Petaluma business community, an individual active-in Petaluma's youth recreation
programs, a representative of the-Petaluma Service Alliance, and two other members.
The Oversight Committee will review thdexpenditures funded by the tax in order
to ensure that the funds are spent exclusively for the purposes,approved by the voters.
The Committee will be.coniprised.of Petaluma residents who are payers of this tax and
who are not employees,or elected officials of the'City or members of any other City
Committee or Board.
The Oversight Committee will meet quarterly throughout the term of the tax and
publicly report quarterly to the Recreation, Music and Parks Commission and annually to
the City Council on how the parcel tax funds have been spent. The Oversight
Committee's meetings and records shall be open to the public in accordance with the
Ralph M. Brown Act, California Government:Code'section,54950 and following, and the
California Public Records Act, California Government Code,section 6250 and following.
The City Manager shall provide administrative support to the Oversight
Committee and shall provide quarterly status'reports to the Committee on the projects
funded by the proceeds of the parcel tax. Proceeds from the parcel tax may used to
pay for costs incurred in providing support to the Oversight Committee.
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B. INDEPENDENT ANNUAL,REVIEW:,
The City's chief fiscal officer shall prepare an annual report no later than January 1
of each year, setting forth the amount of funds collected and expended, and the status of
any project or program regpired:or authorized to be funded by the proceeds of this parcel
tax. The annual report shall be filed vvith the City Council, posted on the City's website,
and provided to the Oversight Committee. Proceeds from the parcel tax maybe used to
pay for this annual report.
C. SPECIAL ACCOUNT.
The City shall deposit all funds collected from the taxes imposed by this chapter
into a special account and shall appropriate and expend such funds only for the specific
purposes authorized by-this chapter.
4.50.070 DUTIES OF CITY.
A. It shall be the duty of the City to oversee the collection and receipt of all
taxes imposed by this chapter. The City is charged with the administration and
enforcement of this chapter,'and,shall create forms and other materials as required to
administer this chapter and may adopt,rules and regulations,relating to such
administration and enforcement. Proceeds from the parcel tax may be used to pay for the
City's costs of collection, receipt, administration and enforcement of taxes imposed by
this chapter.
B. The City shall ensure that taxes collected under this chapter are spent as
prescribed in this chapter.
C. The-City may authorize Sonoma County to collect the taxes imposed by
this chapter in conjunction with and at the same time and in the same manner as the
County collects property taxes for the City. If the City elects to authorize Sonoma
County to collect the tax, penalties and interest shall be those applicable to the
nonpayment of property taxes. Proceeds from the parcel tax may be used to pay for any
charges assessed by Sonoma County for collection of the taxes imposed by this chapter.
D. The City, or its designee, is hereby authorized to examine assessment rolls,
property tax records,and records of Sonoma County and of Petaluma deemed necessary
in order to determine ownership of Parcels and computation of the taxes imposed by this
chapter.
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E. The City, or its designee, is hereby authorized to;examine the books, papers
and records of any person subject to the tax imposed by this chapter for the purpose of
verifying the accuracy of any petition, claim or return filed and to ascertain the tax due.
The City, or its designee, isliereby authorized to examine any person, whether as parties
or witnesses, under oath, for the,purpose of verifying the accuracy of any petition,claim
or return filed or to ascertain the tax due under this chapter, whenever it believes such
persons have knowledge of such matters, and for this purpose-may compel the production
of books, papers, and records. The refusal of such examination by any person subject to
the tax shall be deemed a violation olthis chapter and of this code and subject to any and
all remedies specified herein.
4.50.080 COLLECTION OF TAX.
A. The tax levied and imposed by this chapter shall be due and payable on July
I of each year, beginning with fiscal year 2013 —2014 (commencing on July 1, 2013),
through and including fiscal year 2027—2028, the final year in which the tax shall be
levied (ending on June 30, 2028), but each year's payment maybe paid in two
installments due no later than December 10 and April 10.
B. The.fax:shall be delinquent if the City does not receive it on or before the
delinquency date set forth in the notice mailed to the Owner's address as shown on the
most current assessment roll of the Sonoma County Auditor-Controller-Treasurer-Tax
Collector, and the tax shall be collected in such a.manner_as the City may decide. The
City may place delinquencies on a subsequent tax bill.
C. Penalties invoked for failure to pay this tax shall be consistent, both in
amount and means of collection, with penalties enforced for all similar taxes as
determined by the City.
D. The amount of any tax, penalty, and interest imposed under the provisions
of this;chapter shall be deemed a debt to the'City. Any person owing money under this
chapter shall be liable to the City in an action brought.in'the name of the City for the
recovery for such amount.
E. Whenever the amount of any tax,penalty, or interest imposed by this
chapter has been paid more than once; or has been erroneously or illegally collected or
received by the City, it may ybe refunded provided a verified claim in writing, stating the
specific ground upon which such claim is founded, is filed with the City within one
year of the date of payment.
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The claim shall be filed by the Person who paid ther,tax or'suchperson'•sguardian,
conservator or the executor of her or;his estate. No claint may be filed on behalf of other
taxpayers or a class of taxpayers. Such claims shall be on forms and in,the manner and
time set forth in procedures established by the City, and shall be reviewed by the City
Manager.
If the claim is approved by the City Manager, the excess amount collected or paid
may be refunded or may be credited against any amounts then due and payable from the
Person from whom it was collected or by whom paid, and the balance may be refunded
to such Person, his/her administrators or executors.Filing a:claim shall be a condition
precedent to legal action against the City for a refund of the tax.
4.50.090 EFFECTIVE DATE.
In accordance with,California Elections Code section 9217, after completion of the
canvass by the City Clerk and,certifidation of the election results to the.City Council
showing that at least two-thirds of Petaluma"voters voted in::favor of this chapter, this
chapter shall be considered as adopted upon the City Council's declaration of the election
results, and shall go into effect 10 days later.
4.50.100 ROLE OF CITY COUNCIL.
A. The City Council is hereby authorized:to promulgate such regulations as it
shall deem necessary in order to implement the provisions Of this chapter, as long as they
are consistent with the chapter's purpose.
B. The tax rates may not be increased by action of the City Council without
voter approval, but the City Council may make,any other changes'to this chapter as are
consistent with its purpose as defined in section 4.50.030.and recommended by the
Citizens Oversight Committee.
4.50.110 SAVINGS CLAUSE.
If any provision, sentence, clause, section or ãrt of this chapter is found to be
unconstitutional, illegal or invalid by a court of competent jurisdiction, such
unconstitutionality, illegality, or'invalidity shall affectonly such provision, sentence,
clause, section or part of this chapter and shall not affect or impair any of the remaining
provisions, sentences, clauses, sections or parts of this chapter. It is hereby declared that
the voters would have:adopted;.this chapter had such unconstitutional, illegal or invalid
provision, sentence, clause, section or part thereof not been included herein.
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If any tax imposed by this chapter is found to behunconstitutional, illegal or invalid
by a court of competent jurisdiction, the amounts. services, programs°and personnel
required to be funded from such tax shall be reduced proportionately by any revenues lost
due to such unconstitutionality, illegality or invalidity.
4.50.120 LIBERAL CONSTRUCTION.
The provisions of this chapter shall be liberally construed to effectuate its
,purposes.
4.50.130 CONFLICTING BALLOT MEASURES.
In the event that this chapter and another measure or measures relating to the same
subject matter appear on the same City-wide ballot, the provisions of the other measure or
measures shall be deemed in conflict with this chapter. In the event that this chapter
receives a greater number of affirmative votes than the other measure or measures, the
provisions of this,chapter shall prevail over conflicting provisions in any other measure,
and the conflicting provisions of the other measure or measures shall be null and void.
4.50.140 DEFINITIONS.
For purposes of this chapter, the following terms shall be defined as set forth
below:
A. "Affordable Housing Project" shall mean project for very low, low, or
moderate income housing in accordance with California Health and Safety Code section
33334.2 that is owned and operated.;by a nonprofit organization recognized as such by the
United States Internal Revenue Service and the State of California Franchise Tax Board,
or otherwise exempt from taxation'pursuant to California Revenue and Taxation Code
section 214, and which.is,subject to resale restrictions and/or a rental regulatory
agreement approved by the City-of Petaluma.
B. "Agricultural Parcel" shall mean a parcel that is used primarily for
agricultural purposes.
C. "Bed & Breakfast;Facility shall mean a parcel that contains one or more
residential units or rooms which are rented to guests, usually on a short-term basis, and
which rental includes breakfast.
D. "Building" shall mean any structure having a roof supported by columns or
by walls and`designed for the shelter or housing of any person, chattel or property of any
kind. The word "Building" includes the word "structure."
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E. "Commercial - Improved Parcel ' shaft mean a parcel that is used for
commercial, as opposed to,residential or other purposes, and which is improved such that
it has the ability to generate,;revenue for its owner.
F. "Commercial -.Unimproved Parcel" shall mean a parcel that is intended to
be used for commercial, as opposed to residential or other'puiposes, but which is not
improved.
G. "Common Area" shall mean,an area of land that is available for use by a
group of people and their guests; such as tenants in an apartment complex, owners in a
condominium complex, or owners in a gated community. Examples of common areas
include lobbies, corridors, stairways, elevators, parking lots, driveways, laundry rooms,
swimming pools, and tennis courts.
H. "Family" shall mean one or more persons related by blood,:marriage,
domestic partnership, or adoption, and all unrelated persons who are living together in a
single residential unit and maintaining a common household.
1. "Governmental Parcel" shall:mean a parcel that is owned by the
Federal, State, Local, or other government entity.
J. "Industrial -.improved Parcel" "shall mean a parcel that is used for
industrial, as opposed to_residential or other purposes, and which is improved such that
it has the ability to generate revenue for its owner.
K. "Industrial — Unimproved Parcel" shall mean a parcel that is intended to
be used for industrial, as opposed to residential or other, purposes but which is not
improved.
L. "Miscellaneous Parcel" shall mean a parcel that is not otherwise defined
herein.
M. "Multiple Residential Unit Parcel" shall mean a parcel.zoned.for a
Building, or those portions thereof, which accommodates or is intended to contain two or
more residential units.
N. "Non-Residential" shall mean all parcels that are not classified,by this
chapter as Residential,Parcels, and include, but-not be limited to, parcels.for
industrial, commercial and institutional improvements, whether or not currently
developed.
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O. "Owner" shall mean the,Person having title to real estate as shown on
the most current official assessment role of the Sonoma County Auditor-Controller-
Treasurer-Tax Collector:
P. "Parcel" shall mean a unit of real estate in Petaluma as shown on the most
current official assessment role of the Sonoma County Auditor-Controller-Treasurer-Tax
Collector.
Q. "Parochial School"°shallanean a school that is not a public school and that
is owned by one or more religious institutions.
R. "Person" shall mean an individual, firm, partnership,joint venture,
association, social club, fraternal organization,joint stock company, corporation, estate,
trust, business trust, receiver, trustee, syndicate, or any other group or combination acting
as a unit.
S. "Possessory Interest" shall mean possession of, claim to, or rightto the
possession of, land or improvements and shall include any exclusive right to the use of
such land or improvements.
T. "Private.School- shall mean a school that is neither a parochial school,
a public school nor a special school and that,is owned by one or more private owners.
U. "Religious institution Parcel" shall mean a parcel,owned by a religious
institution such as a church, synagogue, temple or mosque.
V. "Residential Unit" shall mean a Building or portion of a Building designed
for or occupied exclusively by"one.Family.
W. "Rooming,House" shall mean a parcel that contains one,or more
residential units or rooms which are rented to boarders, usually on a long-term basis.
X. "Senior Citizen"shallmean an individual person aged 65 or older as of
January 1, 2013.
Y. "Single Family Residential Parcel" shall nmean a parcel zoned for single
family residences, whether or not developed.
Z. "Special School" shall mean a school that is neither a public"school nor
a private school and that primarily serves special needs students.
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Section 2. BALLOT QUESTION.
Each ballorused'at the election for this parcel tax shall have printed,therein, in
addition to any other matter required by law, the following:
Measure _. Shall the,City of Petaluma enhance specific park and recreation projects by
making safety improvements.to trails and fields, making playgrounds more handicapped
accessible, repairing and replacing outdated and deteriorating facilities, and by
establishing new recreational opportunities through the levy of a fifteen-year parcel tax of
$52 annually for single family homes, with specified amounts for multi-family,
commercial, industrial, and otherproperties, with an exemption for senior citizens and
others, with all resulting revenue to remain local and exempt from state use, and with
annual audits and supervision by an independent citizens' oversight committee?
Yes
No
Section 3 REPEAL.
This measure shall expire., be repealed and of no further effect without further action by
the people or the City on July 1,2031 unless extended-bythe City or the people in
accordance with applicable law.
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