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HomeMy WebLinkAboutResolution - 3525 STATE OF CALIFORNIA ) RESOLUTION NO. 3525 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT AT THE NOVEMBER 4, 2014 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF A PROPOSED ORDINANCE ENACTING A SIX AND ONE- HALF PERCENT (6.5%) UTILITY USERS TAX WITHIN THE CITY FOR A PERIOD OF TEN (10) YEARS, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. WHEREAS, the City Council would like to submit to the voters a measure enacting a six and one-half percent (6.5%) utility users tax ("UUT), on electricity, gas, water, telecommunications, video, sewer and refuse usage within the City for a period of ten (10) years; and WHEREAS, the UUT is a general tax which would fund the City general fund. The general fund pays for essential City services such as police, fire and paramedic services, street operations and maintenance, library services, parks and recreation services and general municipal services to the public; and WHEREAS, like many other cities, the City has been undergoing a financial crisis due to the economic downturn, takeaways by the State of California and decreasing revenues; and WHEREAS, the City has made significant cuts to the budget, including cuts to public safety services; and WHEREAS, despite such actions, the City continues to run an approximately $3.6 Million annual structural deficit; and WHEREAS, the City has evaluated the impacts of decreased general fund revenues on its ability to provide vital services to the public, including evaluation and implementation of measures to reduce costs, as well as measures to increase revenue; and WHEREAS, the City believes only a local voter-approved funding source would guarantee that new revenue stays in the City to help City residents; and WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218 (California Constitution, Article XIIIC), an amendment to the State Constitution which requires that all general taxes which are imposed, extended or increased must be approved by a majority vote of the voters; and WHEREAS, without voter approval of the proposed UUT, the City will face serious financial shortfalls and be required to reduce essential City services, which will endanger the health, safety and general welfare of the City and its residents and, as such, there is a need to adopt the UUT in order to maintain adequate funding for City services at existing levels for the health, safety and general welfare of the residents of the City; and WHEREAS, pursuant to Proposition 218 any general tax measure submitted to the voters must be consolidated with a regularly scheduled general election for members of the City Council; and WHEREAS, the next regularly scheduled general election at which City Council members are to be elected is November 4, 2014; and WHEREAS, pursuant to the Government Code Section 53724 ("Proposition 62"), a two-thirds (2/3) vote of the City Council is required to place the Measure on the November 4, 2014 ballot. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findings. The City Council finds that all of the preceding recitals are true and correct. Section 2. Submission of Measure. Pursuant to Elections Code Section 9222, Government Code Section 53724 and any other applicable requirements of the laws of the State of California relating to general law cities, the City Council, by a two-thirds (213) vote, hereby orders the following proposed ordinance to be submitted to the voters of the City at the general municipal election to be held on Tuesday, November 4, 2014: "San Jacinto City Services Stability Measure. To maintain current YES police, firefighter and paramedic service levels, maintain 9-1-1 emergency response times, maintain operational levels for existing neighborhood fire stations, parks, community buildings and infrastructure, and create jobs; shall the City of San Jacinto establish a 6.5% Utility Users Tax for 10 years on utility services within the City, while exempting low-income seniors, requiring annual audits and allowing no tax rate increase without voter approval?" NO Section 3. Text of Ordinance. The text of the ordinance to be submitted to the voters is attached as Exhibit A. Section 4. Conduct of Election. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. Section 5. Notice of Election. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 6. Impartial Analysis. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure, and transmit such impartial analysis to the City Clerk within ten (10) days following the adoption of this Resolution. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than10-font type, the following: "The above statement is an impartial analysis of Ordinance or Measure . If you desire a copy of the ordinance or measure, please call the election official's office at (insert phone number) and a copy will be mailed at no cost to you." Section 7. The election called by this Resolution shall be consolidated with the elections to be conducted by the Riverside County Registrar of Voters to be held in connection with the California Statewide General Election and other County elections on Tuesday, November 4, 2014. Section 8. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED this 5th day of August, 2014, by the following vote: Ayes: Bartel, Kotyuk, Ruiz, Ledezma Nays: None Absent: Miller Abstain: None City of San Jacinto f A�Owo )2 e�_N_e7_mrj Alonso Ledezma, Mayor ATTEST: LZ Richard Miller, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP aTlin a r, City Attorney CERTIFICATION I, Richard Miller, City Clerk of the City of San Jacinto, do hereby certify that the foregoing resolution No 3525 is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 5th day of August, 2014. 4JLk��. - Richard Miller, City Clerk