HomeMy WebLinkAboutResolution 2012-114 N.C.S. 07/16/2012Resolution No. 2012-114 N.C.S.
of the City of Petaluma, California
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 ("theinitiative" ); 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 tiling of
the petition, or in this case by the July 27, 2012: and,
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
Resolution No. 2012-114 N.C.S. Page I
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 X111C,
§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 I of
the California Elections Code, as amended; and,
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:
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.
Resolution No.2012-114 N.C.S. Page 2
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 accessible, repairing/replacing outdated,
deteriorating facilities, and establishing new recreational
opportunities by levying a fifteen -year parcel tax of S52 annually
for single-family homes; with specified amounts for multi -family
and other properties; exemptions for seniors and others, with
YES
NO
resulting revenue remaining local (exempt from state use),
annual audits, and oversight by an independent citizens'
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
Resolution No. 2012-114 N.C.S. Page 3
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
flame 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 arguments shall only apply to the election to be held on November 6,
2012, and following the conclusion of that election are repealed.
In 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
authorizedanddirected to take all steps necessary to place the measure on the
Resolution No. 2012-1 14 N.C.S. Page 4
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.
Under the power and authority conferred upon this Council by Charter of said Cit}
REFERENCE: I herebv certify the foregoing Resolution was introduced and. adopted by the r pp wed as to
Council of the City of Petaluma at a Regular meeting on the 16" day of .kdy.2012, form:
by the following vote:
City Attorney
AYES: Albertson, Barrett. Mayor Glass, Harris. Healy. Kearney. Vice Mavor Renee
NOES: None
ABSEN P: None
ABS "PAIN: None
ATTEST.:
1 Ci
Uat,
. got
Resolution No. 2012-114 N.C.S. Page 5
Exhibit A
PARCEL TAX INITIATIVE TO FUND SPECIFIED PARK AND RECREATION
FACILITIES AND PROGRAMS IN THE CITY OF PETALUMA
(Cat Elections Code 69203)
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 I I 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 afforcloble 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 measureprovidesfor 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, Ciry 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 are
consistent with the measure's purposes, and that are recommended by the oversight committee.
Resolution No. 2012-114 N.C.S. Page 6
Parcel Tax lninauve to Fund Specified park and Recreauon Facilities and Programs in the City of Petaluma
The measure also addresses: City authonn, 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 repeated on July 1, 2031, four years after the finale of the tax.
Dated: April 16, 2012 By.
IR36495.1
Eric W. D lly
City .Attorney, City of Petaluma
Resolution No.2012-114 N.C.S. Page 7
CERPIPICATION_ OF PUBLICATION IN
Petaluma Argus-Courier
(Iluhlishcd Thursdays)
IN FHF
SUPERIOR COURT
OF 11IL
STATE OE CALIFORNIA
In and for the Counpy ofSonoma
DITLARATION
I am a citizen of the Unitcd States, over the ape of
eighteen years and a resident of said county and was at
all said times the principal clerk of the printer and
publisher of -The Petaluma Argus-Courier, a newspaper
of general circulation, published. Weckly in [he City of
Petaluma, Ill said County of Sonoma, State of California;,
that The Petaluma Areas -Courier is and was at all times
herein mentioned, it newspaper of general circulation as
inm ic;nj G d,!Iocu t;A .S.,. uv,� OifOO „� .hC Gv..,i �, ul Eli
Code; i . StatcJ t.; such; s..ape, of ',-Feral C rculat
v
bovine been established by Court Decree No. 35518 of
the Superior Court of the State of California, in and for
the Connt_v of Sonoma- Department No I thereof; and as
provided by said Section 6000, is published liar the
disseminalion of 101,11 anti telegraphic news and
inlclogence of if general charterer, having a bona fide
subscription list of pav'ingsilbsciihers, and is not dcvoied
to the interests. or published for the entertainment or
msIluction ofa parli?ul'tr class,. profession, trade, caflin„
race or denominatioll, or for the entCtainment and
Instruction of such cl.tsxs, ploiessions, trades, callings,
races or denominations- thil at all said times said
newspaper has been established, published in the said
City of PCNIILIIU1 . in said County and State at regular
intervals for more than one year preceding the first
puhIl,Zd60n of this notice herein mentioned; that said
nolicc was set in lvpc not smaller than nonpareil and was
preceded with words printed in black facetype not
smaller than nanpalcil, describing and espressing in
general terms, the puipon and character of the Police
ntcndect to be given NOHCF. OF INTENT TO
rlliT III erc vl T1minV t,r Hied `-'oP). '=`
Published and printed in said newspaper at least one
�..,.�_...._ time ef. the IO d' y IIr Ap7il
2012 and ending on the loth day of April. 2012, to -wit
Apn119,2012-
I DF,CLAR:L UNDER PLNAI.'I-Y OF PERJURY that the
foregoing is rmeand concet_
DATLD this 1901 day of April, 20t2, at Petaluma.
California- �r
Signed �u, _
ti�T1,11N JaneI-lutchinsoq Chief Clerk
217S670 I/
Exhibit B
NOTICE OF INTENT TO CIRCULATEPETITION
Notice is hereby given by the persons whose names. appear hereon of their
intention to circulate the petition within the City of Petaluma for the. purpose
of placing a parcel tax initiative an the ballot. A -statement of the reasons of
the Proposed. action as contemplated in the petition is as follows: In order to
maintain, repair and expand the City's parks and recreation facilities due r to
the City's lack of funding for maintenance and improvement of existing pares
and recreation facilities and the Guy's lack of funding for expanding parks
and recreation facilities, it is the intent and effect of this parcel tax initiative
to impose a $52 annual residential parcel tax, with specified amounts for mul-
tifamily, commercial, Industrial, and other properties, and with certain exer-
tions, for a. period of 15 years to be used solely for the following 8 projects:
Cavanagh Center and Swim Center Improvement; Playground Replacements
and Tennis Court Resurfacing; David Yearsley River Heritage_ Center; East
Washington Park; Polly Hannah Klaas Center Renovation and Youth Program
Development; Community Center Renovation; Extension of Trails and River
Access; and Prince Park Upgrade, A Citizen Oversight CommiSee will ensure
that all proceeds from the initiative are used exclusively for the 8 targeted
projects:
/a/ /s/_ /s/
Mark L. Ferguson Carol B. Eber KevinMcDomrell
112 Rancho Bonito Cirele 209 Kent Street 311 Howard Street
Petaluma, CA 94954 Petaluma, CA 91952 Petaluma, CA 94952
BALLOT TITLE
PARCEL TAX INITIATIVE TO FUND SPECIFIED PARK AND RECREATION
FACILITIES AND PROGRAMS IN THE CITY OF PETALUMA
(Cat, Elections Code §9203)
BALLOT SUMMARY
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 tofund specified parks and recreation projects and programs
inspecilied, 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 wiry depending upon parcel
use, and whether the parcel is improved. The measure would exempt parcels
owned by: pnvmoe parochial and special schools; senior citizens; religious
institutions; government; and nonprofit service organizations, as relined
n the 'measure. The measure enduld also partly exempt affordable housing
Projects, and exempt common areas, as refined in the measure. The measure
would require exempt parcel owners to timely submit tax exemption forms.
The tax would be imposed each Jo ly 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 to, funds have been spent. The measure would
require the City manager to provide the oversight committee administrative
support ..it 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 aletus.
The measure would require the City to oversee collection and receipt of 2!1
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 adept 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, too annual financial
report, Ciry costs of collection, deposit administration, and enforcement, and
any collection charges imposed by Sonoma Count,.
The measure autho e the City coner.1 I. ly e y! C. s
fend with the measur s p p s s- item a are prohibits thu Ch c Cl rem
pas n9 parcel tax rates w thnut voter approval and authenz s the Cie,
co-incil to make changes to the nleasurethat are consistent with the mea.
sure's purposes, and that are recommended by, the oversight committee.
The measure also addresses: City authority to examine and compel produc-
tion of specified records related to parcel ownership and tax compoloorn, fax
delinquencies; penalties; interest; refunds; definition of terms, and inomenta-
hon of the measure. The measure would be automatically repealed on July 1,
2031, four years after the final levy of the tax.
Dated: Apal 16, 2012
By: /a/
n W. Danly
City Attorney, City of Petaluma
2578670- Pub. Apr. 19, 2012 It,
Resolution No. 2012-114 N.C.S. Page 8
Exhibit C
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 found 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
fiber 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 its proponents titled
"The Save Petaluma Parks and Recreation Initiative." The measure, i f 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 purporting to 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 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 stating that:
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:
Resolution No. 2012-114 N.C.S. Page 9
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 l
84.6% of the raw count of signatures = 4,363.668
Certification
The undersigned has examined the petition sections submitted hme 15, 2012 in
accordance with California Elections Code Section 9114 and 9115 and the substantive
and procedural requirements contained in California Elections Code Section 9200 et seq.,
and certifies that:
The required number of signatures to quality 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.
wov--)
aotLu
Claire Cooper
Petaluma City Clerk
1932483.1
Date
Resolution No. 2012-114 N.C.S. Page 10
Exhibit D
Resolution No. 2012-059 N.C.S.
of the City of Petaluma, California
ACCEPTING INFORMATION ON FISCAL, AND OTHER IMPACTS OF THE
PROPOSED PARCEL TAN 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 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:
f. 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.
Resolution No. 2012-114 N.C.S. Page I I
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.
Under the power and ainhorily conferred upon this Council by the Charier of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adoptedbythe Approvcd as t
Council of the City or Petaluma at a Regular meeting on the 7" day of May, 2012. to t:
by the following vote: -
City Anrr c'
AYES: Albertson. Barren. Mayor Glass, Barris. Healy, Vice Mayor Run&
NOES: None
ABSENT: Kearney
AF: None
A TTT'1'ESTST:
City Clerk Mayor
Resolution No. 2012-114 N.C.S. page 12
Exhibit A to Resolution 20I2-059 N.C.S.
SUMMARY OF FISCAL AND OTHER IMPACI'S OF THE, PROPOSED PARCEL TAX
INITIATIVE:-r0 FUND SPECIFIED PARK AND RrCREATION 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 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 Argu.s Courier on April 19, 2012.
The proponents are currently galhering signatures and hope to submit sufficient signatures in
time to qualify the measure for the Novembet 6, 2012 general election.
If approved by two-thirds of Petaluma voters, the measure would impose an annual parcel tax
on Peraluma parcel owners ranging from $52 for single-family residential parcels to 5500 for
multiple -residential -unit parcels with 11 or rhore units. Tax amounts would van' depending
upon parcel use, and whether or not a parcel is improved. The measure would exempt parcels
owned by schools, senior citizens, religious institutions, government, and nonprofit service
organizations, and exempt common.arcas, as defined in the measure, and would partially exempt
affordable housing projects. The tax proceeds would be segregated from other City funds and
used or lb to fund specified parks and recreation projects, facilities and programs, in estimated
specified amounts for each project, and specified administrative costs of City. The tax
would be levied annually through July, 202T
On April 16, 2012, the City Council referred the proposed initiative gtcasure to City staff and
directed that staff report back at the regular Council ,meeting of May 7, 20.12 on the significant
potential impacts of the proposed initiative, in lieu of requiring an impact analysis after
certification of anp 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
impacrs 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 it}i anve's impact on funding
Infrasrructure 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 abihry to meet
housin}; needs, the measure's impact on the City's abibuy to attract and retain business and
employment and any other relevant matters determined by the City Council.
Resolution No. 2012-114 N.C.S. Page 13
IMPACTS OF THE PROPOSED INITIATIVE
Significant potential impacts of the proposed initiative, if approved by the voteis, are discussed
below.
1. Financial Impacts
A. Pavment of the Parcel Tax by local property owners.
The proposed ininative proposes an annual parcel tax for a period of fifteen years on all
residential, commercial and other properties in the City, with some exempuons, 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
Amount er Parcel
Property Type/Owner
$ 52
Sin le famih residential
200
1\9uhi family, 2 — 4 units
425
Multi family, 5-10 units
_
500
D9ulti canul},, 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
A riculrural
365
Miscellaneous
Exempt upon approval
by the City of an
exemption application
Private, parochial, special schools
Senior citizens
Religious instinlrions
Government
Common areas
Non-profit service organ nmoons
50% exempt upon
approval by the City of an
exemption application
A ffordable housing projects
Resolution No. 2012-1 14 N.C.S_ Page 14
13. Beneficial revenue to the Cite for parks and recreation uses.
The proposed initiative specifies eight parks and recreational projects, and the estimated
total tax revenue to be used for each over the fifteen year period of the tax:
Aquatics facilirics, including but not limited to Cavanaugh
$ 300,000
Center and the Petaluma Swim Center
Petaluma Community Center
1,300,00
hasr Washington Park, including but not hmuted to
addenc fields, children's play ateas, pedestrian and bicycle
6,122,000
pathways
Playgrounds, park facilities and tennis courts at local
parks, including but not limited to Mcadowview, Arroyo,
N\ wok, McNear, Del Oro and Lucchessi Parks
750,000
Pollv Klass Perfornting Arts Center, including but not
limited to infrastructure, seismic; safety and ADtA
retrofitting, re -built stage and improved fighting, sound,
seating, interior and exterior
500,000
Hiking, running and biking trails, including but not linuted
to those in Wiseman, Westridge, Walnut and LaTercera
Parks and neat the Petaluma Marina
350,000
Prince Park, including but not limited to artificial turf
fields
2,500,000
David Yearsley River Heritage Center
500,000
To the extent that, unprovements 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 City and the community as a whole.
C. Costs of maintenance for new facilities
The proposed ininauvc does not provide separate maintenance funds. The measure
specifies that the tax proceeds be used for the upgrad ng, 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 could decrease maintenance and water costs if they replaced existing natural turf
Resolution No. 2012-114 N.C.S. Page 15
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 Cite 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 parks on the General Plan Land Use Map, are contained
within existing park properties (such as the David Yearsley River Heritage Center in Stearner
Landing Park, and the Petaluma Community Center) or consist of a cultural facility specifically
recognized as a valuable community asset in the General flan (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 lnsurc parks and recreational assets are maintained to allow safe access
and use
Goal6-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 Peraluma'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'facilitics which would be partially funded by
the proposed parcel tax, inchnhng the Livery Stable/David Yearsley River Heritage Center and
Polly Klass Perfornung 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-24-13).,
Resolution No. 2012-114 N.C.S. Page 16
3. Economic health and the Citds ability to attract and retain business.
Although not identified expressly in the City's General Plan 2025 Economic Health. and
Sustainability clement, it is generally accepted that parks and recreational amenities are important
to the overall vitality and attractiveness of a city. That sense of vitality and communing appeal
can be an asser to attracting the types of sustainable economic developrnenr recognized as
critical in the City's planning efforts to further economic health and sustainability.
4. Other Impacts
Because the proposed ininanve 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 business areas or areas planned for other 1�1)es
of development, including revitalization. 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 )une 15, 2009. The proposed measure, if approved, may
complement the City's efforts to provide adequate housing serving 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.
18753562
Resolution No. 2012-114N.C.S. Page 17
Exhibit E
ll IE 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.
'['his chapter shall be known and referred to as "THE SAVE_ PETALUMA PARKS
AND RECREATION ENIT1ATIVE."
4.50.020 FINDINGS.
]'Ile 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 and 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 generating revenue for hotels, shops,
restaurants, and other local businesses, as well as contributing to city sales tax and
lodging tax revenue.
Resolution No. 2012-114 N.C.S. Page 18
P. Realtors cite high quality parks and recreation facilities as 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.
H. Petaluma has Tong 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.
L Article X111 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 cities to impose
a special tax, and for such tax to become effective and enforceable 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 lrom Petaluma property owners by
assessing au 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 programs, in the following approximate
amounts:
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 ($1,300,000).
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 Perfonning Arts Center, including, but not limited to,
infrastructure, seismic, safety, and ADA retrofitting, a re -built stage, and improved
lighting, sound, seating, interior and exterior ($500,000).
Resolution No. 2012-114 N.C.S. Page 19
F. Hiking, running, and biking trails, including, but not limited to, those in
Wiseman, Westridge, Walnut and f,aTercera parks, and near the Marina ($350,000).
G. Prince Park, including, but not limited to, the installation of artificial turf
fields ($2,1 WON).
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 unposed 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 ofJuly I ofeach year on the person who owned the
parcel or possessory interest on that date, 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 shal I be at the annual rate of $200.00 per parcel.
(3) For owners of Multiple Residential Unit 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 $200.00 per parcel-
(7) For owners of Commercial - Unimproved parcels, the tax shall be at
the annual rate of $52.00 per parcel.
Resolution No. 2012-114 N.C.S. Page 20
(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 552.00 per parcel.
(10) For owners of Indusu ial - Improved parcels, the tax shall be at
the annual rate of 5365.00 per parcel.
( I I) For owners of Agricultural parcels, the lax shall be at the annual
rate of 552.00 per parcel.
(12) For owners of Misccl laneous parcels, the tax shall be at the.
annual rate of D65.00 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.
13. 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%) of the taxes otherwise imposed by this chapter if their Owners
complete and submit to the City on a timely 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 ]-lousing 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 Religious Institution Parcel Tax Exemption Claim form, with the
required documentation, which form will be developed and provided by the 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
Resolution No. 2012-1 14 N.C.S. Page 21
a Governmental Parcel Tax Exemption Claim form, with the required documentation;
which form will be developed and provided by the City.
E. 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 a Common
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 OVERSIGI-IT COMMITTEE.
An independent citizen oversight committee of five (5) members shall be
appointed by the Petaluma Recreation, Music and Parks Commission 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 the expenditures funded by the tax in order
to ensure that the funds are spent exclusively for the proposes approved by the voters.
The Committee will be comprised 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 tern 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 be used to
pay for costs incurred in providing support to the Oversight Committee.
Resolution No. 2012-114 N.C.S. Page 22 —
B. 1ND1 PhNDENTANNUAL 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 orprogram required or authorized to be funded by the proceeds of this parcel
tax. The annual report shall be filed with the City Council, posted on the City's website,
and provided to the Oversight Committee. Proceeds from the parcel tax may he 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 Sonorna
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 ofPetaluma deemed necessary
in order to determine ownership ofParcels and computation of the taxes imposed by this
chapter.
Resolution No. 2012-114 N.C.S. Page 23
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, is hereby 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 of this 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
1 of each year, beginning with fiscal year 2013 — 2014 (commencing on July 17 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 may be paid in two
installments due no later than December 10 and April 10.
B. The tax 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 be 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.
Resolution No. 2012-114 N.C.S. Page 24
The claim shall be filed by the Person who paid the tax or such person's guardian.
conservator or the executor of her or his estate. No claim 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 certification 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 withotrt
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 part of this chapter is found to be
unconstitutional, illegal or invalid by a court of competent jurisdiction, such
unconstitutionality, illegality, or invalidity shall affect only 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.
Resolution No. 2012-114 N.C.S. Page 25
If any tax imposed by this chapter is found to be unconstitutional, 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.
Forpurposes ofthis chapter, the following terns shall be defined as set forth
below:
A. "Affordable Housing Project" shall mean a 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."
Resolution No. 2012-114 N.CS. Page 26
L. "Commercial - Improved Parcel" shall 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 purposes, 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 proposes, 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 fora
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 shall include, but not be limited to, parcels for
industrial, commercial and institutional improvements, whether or not currently
developed.
Resolution No. 2012-114 N.C.S. Page 27
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-'I-ax
Collector.
Q. "Parochial School' shall mean 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 right to 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 Nouse" 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" shall mean an individual person aged 65 or older as of
January 1,2013.
Y. "Single Family Residential Parcel" shall mean 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.
Resolution No. 2012-114 N.C.S. Page 28
Section 2. BALLOT QUESTION.
Each ballot used 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 other properties, 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 by the City or'the people in
accordance with applicable law.
Resolution No. 2012-114 N.C.S. Page 29