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Resolution 2014-43RESOLUTION NO. 2014-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING NOVEMBER 4, 2014, AS THE DATE FOR AN ELECTION ON A PROPOSED BALLOT MEASURE SEEKING VOTER APPROVAL RELATING TO THE ENACTMENT OF A ONE - HALF CENT (0.50 %) TRANSACTIONS AND USE (SALES) TAX FOR FIFTEEN YEARS, ESTABLISHING THE POLICIES AND PROCEDURES FOR SUCH AN ELECTION AND REQUESTING THAT THE COUNTY OF SANTA CLARA CONDUCT SUCH AN ELECTION WHEREAS, over the years Sacramento takeaways have reduced the City of Gilroy's budget by tens of millions of dollars, and our city needs a guaranteed source of local funding that cannot be taken by Sacramento ensuring our tax dollars are spent locally for Gilroy residents; and WHEREAS, this measure includes tough fiscal accountability provisions such as requiring independent audits and public review of expenditures, and keeping all funds local, ensuring they are used effectively and efficiently, like they were for the Community Library which came in ahead of schedule and under budget; and WHEREAS, gang crimes and violence continue to occur in Gilroy and South County, despite the national downward trend and additional funds will allow the City to improve and expand gang suppression and prevention programs, such as the South County Youth Task Force partnership with Morgan Hill and local schools; and WHEREAS, our many parks, sports and recreational facilities are part of what makes Gilroy a family- friendly community, and additional funds are needed to improve and make safety repairs to neighborhood parks, providing Gilroy's children — including at risk youth — with recreational programs that keep them safe and out of trouble; and WHEREAS, Gilroy's popular neighborhood sidewalk repair matching program for residents — where the City pays 80% of repairing damaged sidewalks, curbs, and gutters — is severely underfunded, and additional funds are needed to reimburse residents who have already 4816 - 8319.41404 JH104706083 2 paid for repairs, and repair the potentially dangerous sidewalks, curbs and gutters of those who are on the waiting list; and WHEREAS, our local streets and roads, including our major roadways, are deteriorating and require an estimated $30 million in repairs over the next decade, and additional funds will allow us to make these essential repairs now before our streets become more dangerous and more expensive to fix; and WHEREAS, Gilroy's outdated emergency communications system needs replacing because it could leave the city isolated from the rest of the county after a major natural disaster, and in an earthquake Gilroy's police, firefighters and paramedics must be able to effectively communicate with 9 -1 -1 responders from neighboring cities when critical help is needed; and WHEREAS, the City Council held a noticed meeting on August 4, 2014, to consider calling an election to seek voter approval of a proposed general transactions and use (sales) tax as authorized by Revenue and Taxation Code Section 7285.9; and WHEREAS, the tax to be submitted to the voters, if approved, would be imposed on the sale of tangible personal property and the storage, use, or other consumption of such property. The tax rate would be one -half of one percent (0.50 %) (a half cent for each dollar) of the sales price of the property. The tax revenue would be collected by the State Board of Equalization and remitted to the City. The tax would be in effect for 15 years, and would then expire automatically, unless extended by the voters. The tax shall be approved if the measure receives at least a simple majority of affirmative votes; and WHEREAS, the Gilroy City Council is authorized by California Elections Code Section 9222 to place measures before the voters; and WHEREAS, Elections Code Sections 9281 through 9287 set forth the procedures for arguments in favor of and in opposition to any City measure and for rebuttal arguments; and WHEREAS, it is desirable that the election be consolidated with the other district or statewide elections to be held on Tuesday, November 4, 2014, and that upon consolidation: the 4816 - 831941404 RESOLUTION NO. 2014 -43 JH104706083 01 election shall be held and conducted; election officers appointed; voting precincts designated; ballots printed; election supplies provided; polls opened and closed; ballots opened and returned; return results canvassed and certified to the City Clerk, and all other proceedings in connection with the election to be regulated and completed by the Registrar of Voters of Santa Clara County in all respects as if there were only one election, and only one form of ballot shall be used; and WHEREAS, based on all of the information presented at the August 4, 2014 regular city council meeting, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), this tax does not constitute a project under CEQA and therefore review under CEQA is not required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY RESOLVE AS FOLLOWS: 1. Call Election; Placement of Measure on the Ballot. Pursuant to California Constitution Article XIIIC, Section 2; Government Code Section 53724; and Elections Code Section 9222, the City Council of the City of Gilroy hereby calls an election at which it shall submit to the qualified voters of the City, a measure that, if approved, would adopt a temporary general transactions and use tax, as authorized by Revenue and Taxation Code section 7285.9. This measure shall be designated by letter by the Santa Clara County Registrar of Voters. Pursuant to Election Code Section 10400 et seq., the election for this measure shall be consolidated with the established election to be conducted on November 4, 2014. 2. Ballot Language. Pursuant to the requirements of the laws of the State of California relating to cities within said State, the following proposed measure shall be added to the ballot for the November 4, 2014, election and thereby submitted to the voters of the City of Gilroy: City of Gilroy Safety and Quality of Life Measure. To improve local quality of life and maintain essential City services, including police /fire protection; gang YES suppression/prevention; 9 -1 -1 emergency response; street/pothole /sidewalk repairs; earthquake safety; at -risk youth programs; park repairs; and other general services; shall the City of Gilroy enact a half cent sales tax for 15 years with authority to incur debt to accelerate infrastructure projects, NO requiring independent audits, public review and no money for Sacramento? JH164706083 40v5 RESOLUTION NO. 2014 -43 JH104706083 4 3. Proposed Ordinance. The ordinance authorizing the general tax to be approved by the voters pursuant to Sections 1 and 2 of this Resolution is as set forth in Attachment 1 hereto. The City Council hereby approves the ordinance, the form thereof, and its submission to the voters of the City at the November 4, 2014 election, as required by Revenue and Taxation Code section 7285.9, subject to the approval of a majority of the voters voting on the measure at the election called by the adoption of this resolution. The entire text of the ordinance, attached hereto as Attachment 1, shall be made available to the public upon request. The ordinance specifies that the rate of the transactions tax shall be one -half of one percent (0.50 %) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City; it specifies that the rate of the use tax shall be one -half of one percent (0.50 %) of the sales price of tangible personal property stored, used or otherwise consumed in the City, and that the tax shall be in effect for fifteen years. The State Board of Equalization shall collect the tax from retailers subject to the tax and remit the funds to the City. 4. Publication of Measure. The City Clerk is hereby directed to cause notice of the measure to be published once in the official newspaper of the City of Gilroy, in accordance with Section 12111 of the Elections Code. 5. Request to Conduct Election and Canvass Returns. a) Pursuant to Resolution 2014 -30 adopted June 16, 2014, the City Council has previously called a general municipal election to be held on November 4, 2014. b) Pursuant to the requirements of Section 10403 of the Elections Code, Resolution 2014 -30 also requested the Board of Supervisors of the County of Santa Clara to consent and agree to the consolidation of a General Municipal Election with the Statewide Election on Tuesday, November 4, 2014. c) For the purpose of placing this measure on the ballot as set forth in Sections 2 and 3 above, the City Council hereby orders said question to also be submitted to the qualified electors of the City of Gilroy at the general municipal election to be held on November 4, 2014 Pursuant to California Elections Code Section 9222. d) Pursuant to Section 10403 of the California Elections Code, the City Clerk is hereby directed to file with the Board of Supervisors and the Registrar of Voters of the County of Santa Clara certified copies of this Resolution at least eighty -eight (88) days prior to the herein referenced election. e) The City of Gilroy recognizes that additional costs will be incurred by the County of Santa Clara by reason of this consolidation and agrees to reimburse the County for any costs. 4816 -8319414M RESOLUTION NO. 2014 -43 JH104706083 5 f) The City Council acknowledges that the consolidated election will be held and conducted in accordance with the provisions of law regulating the statewide election in the manner prescribed in Elections Code Section 10418. 6. Submission of Ballot Argument and Impartial Analysis. a) The last day for submission of direct arguments for or against the measure shall be by 5:00 p.m. on August 11, 2014. b) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on August 19, 2014. c) Direct arguments shall not exceed three hundred (300) words and shall be signed by not more than five persons. d) Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five persons; those persons may be different persons than the persons who signed the direct arguments. e) Subject to the California Elections Code, the City Council authorizes the Mayor and/or any combination of five total council members to author and sign a written argument and rebuttal argument in favor of the proposed measure. At the discretion of such Councilmembers, the argument or rebuttal argument may also be authored and signed by other members of the City Council, bona fide associations of citizens, or by individual voters who are eligible to vote. f) The City Attorney shall prepare an impartial analysis of the measure by August 19, 2014. g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, which 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, which it seeks to rebut. h) In all particulars not recited in this Resolution, the election shall be held and conducted as provided by Elections Code for holding municipal election. 7. Effective Date. This Resolution shall become effective immediately upon its passage and adoption and the City Clerk is directed to send certified copies of this Resolution to the Santa 4816.83194140x5 RESOLUTION NO. 2014-43 JH104706083 2 Clara County Board of Supervisors, to the County Clerk- Recorder, and the Santa Clara County Registrar of Voters. 8. Jurisdictional Boundaries. The jurisdictional boundaries of the City of Gilroy have not changed since the last general municipal election. 9. CEQA. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., "CEQA," and 14 Cal. Code Reg. §§ 15000 et seq., "CEQA Guidelines "). The transactions and use tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(2) and (4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have such effect, the city would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines section 15060 review under CEQA is not required. 10. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED by the City Council on this 4th day of August, 2014, by the following roll call vote: AYES: COUNCILMEMBERS: TUCKER and GAGE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS 4816-8319414M X04706083 AULMAN, BRACCO, LEROE- MUNOZ, ARELLANO WOODWARD APPROVED: Donald F. Gage, Mayor RESOLUTION NO. 2014 -43 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2014 -43 is an original resolution, or true and correct copy of a city resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of August, 2014, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 6th day of August, 2014. Slfawna Freels, MM'C-s' City Clerk of the City of Gilroy (Seal)