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
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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WHEREAS, Gilroy's outdated emergency communications system needs replacing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
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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?
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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.
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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
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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
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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)