Loading...
CC Resolution 10947 RESOLUTION NO. 10947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL SUBMITTING TO THE CITY OF CAMPBELL'S QUALIFIED VOTERS AT THE GENERAL MUNICIPAL ELECTION A MEASURE SEEKING VOTER APPROVAL OF A GENERAL TRANSACTIONS AND USE TAX OF ONE-QUARTER OF ONE PERCENT FOR THE MAINTENANCE OF VITAL CITY SERVICES; ESTABLISHING POLICIES AND PROCEDURES IN CONNECTION WITH SUCH AN ELECTION; REQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS TO DIRECT THE COUNTY REGISTRAR OF VOTERS TO CONDUCT THE ELECTION, WHICH SHALL BE CONSOLIDATED WITH ANY ESTABLISHED ELECTION ON NOVEMBER 4, 2008; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE; AUTHORIZING ARGUMENTS AND THE FILING OF REBUTTAL ARGUMENTS FOR OR AGAINST THE MEASURE; AUTHORIZING THE CITY MANAGER TO APPROPRIATE THE FUNDS NECESSARY TO PAY THE CITY'S COST OF PLACING THE MEASURE ON THE ELECTION BALLOT; AND DIRECTING THE CITY CLERK TO TAKE STEPS NECESSARY TO PLACE THE MEASURE ON THE BALLOT AND TO CAUSE THE MEASURE OR ORDINANCE TO BE PRINTED. WHEREAS, the City Council held a noticed public hearing on July 29, 2008 to consider calling a municipal election to seek voter approval of a proposed general sales tax to pay for vital City services, as authorized by Revenue and Taxation Code Section 7285.9; and WHEREAS, the City of Campbell has struggled with budget issues for much of the past six years. Although the budget has been balanced for the past two years without the use of reserves, the cost for essential City services is expected to be greater than existing revenues and a significant, ongoing deficit is projected beginning fiscal year 2009. As the State is facing a $15-17 billion dollar deficit, funding to cities may be further reduced, which could further increase the magnitude of the problem; and WHEREAS, to address previous budget shortfalls, more than $4 million in cuts and adjustments have already been made, including proactive public safety and crime prevention programs such as neighborhood watch and gang prevention have been reduced or eliminated; and WHEREAS, staff is currently at minimum levels due to reductions over the past 5 years having been reduced approximately 10%, including 10 frozen positions in the Police Department; and WHEREAS, many capital needs and infrastructure maintenance projects have been deferred over the past four years. Without regular maintenance, our City's streets and other vital infrastructure will deteriorate' and , WHEREAS, supporting the services that make Campbell a great community are important to our residents' quality of life. Maintenance of the Campbell Community Center and 1 recreation programs such as summer camp and after-school activities, City parks, picnic areas, athletic fields and the community pool are all vital to our residents. High priority is also placed on maintaining our environmental programs, such as storm water run-off, keeping creeks clean and reducing Bay pollution; and WHEREAS, the State controls a significant portion of our revenue - and has taken $13 million of our money over the past 15 years to solve the State's budget problems. Annually, we continue to lose over $1.3 million to the State. The State's recurring takeaways, coupled with other financial pressures all have a negative and profound impact on our local budget; and WHEREAS, City funds are limited and without new revenue it is likely that important services such as pothole repair, public safety programs or non-fee supported recreational programs will be further reduced. Our City will not be able to continue to offer the level of service our residents need; and WHEREAS, the City Council has evaluated Campbell's needs after extensive outreach and input from the public; and WHEREAS, after holding the July 29th hearing, the City Council concluded that additional funding is necessary to maintain Campbell's vital City services; and WHEREAS, the tax to be submitted to the voters, if approved, would be imposed on retail transactions. The tax rate would be one-quarter of one percent (0.25%) of the value of the property. The tax revenue would be collected by the Board of Equalization, remitted to the City, and could not be taken by the State or another agency. The tax shall be approved if at least simple majority of the votes cast on the measure are affirmative. Proceeds from the tax would be deposited into the City's General Fund; and WHEREAS, Elections Code Section 9282 set forth the procedures for arguments in favor of or in opposition of any City measure; and WHEREAS, Elections Code Section 9285 set forth the procedures for rebuttal arguments; and WHEREAS, based on all of the information presented at the July 29, 2008 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. BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF CAMPBEll, AS FOllOWS: Section 1. Pursuant to Elections Code Section 9222, the City Council of the City of Campbell hereby calls an election at which it shall submit to the qualified voters of the City 2 of Campbell, a measure that, if approved, would adopt a general transactions and use tax to fund vital City services, as authorized by Revenue and Taxation Code section 7285.9. Section 2. 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, 2008. Section 3. The ballot language for the proposed measure shall be as follows: In order to maintain and protect City services and facilities, such YES as City streets and pothole repair, fire protection and 911 emergency medical services, police patrols, neighborhood watch and crime prevention programs, the Community Center, recreation programs, and parks, shall the City of Campbell be authorized to enact a one-quarter cent sales tax, with all proceeds placed in the NO City's General Fund with independent annual financial audits? Section 4. The ordinance authorizing the general tax to be approved by the voters pursuant to Section 3 is as set forth in Ordinance 2111 hereto. The City Council hereby approves the ordinance, the form thereof, and its submission to the voters of the City at the November 4,2008 election, as required by Revenue and Taxation Code section 7285.9, subject to the approval of the voters at the election called by the adoption of this resolution. The full text of Ordinance 2111 shall be published in the Sample Ballot. Section 5. The City Clerk is hereby directed to cause notice of the measure to be published once in the official newspaper of the City of Campbell, in accordance with Section 12111 of the Elections Code and Section 6061 of the Government Code. Section 6. a. An election on the measure set forth in Section 3 shall be held in the City of Campbell on Tuesday, November 4, 2008. The City Council requests that the Board of Supervisors of Santa Clara County consolidate the election on the measure with any established election on the same day. The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors of Santa Clara County and the Registrar of Voters of Santa Clara on or before August 8, 2008. b. The election on the measure set forth in Section 3 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein. In all particulars not provided for herein, the election shall be held as provided by law for the holding of primary municipal elections in the City of Campbell, and otherwise in accordance with the Elections Code of the State of California. c. The election for the measure set forth in Section 3 shall be held in Santa Clara County in the City of Campbell on November 4, 2008, as required by law, and the Board of Supervisors of the County of Santa Clara is authorized to canvas the returns 3 of that election with respect to the votes cast in the City of Campbell and certify the results to the City Council of the City of Campbell. d. At the next regular meeting of the City Council of the City of Campbell 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. Section 7. a. The last day for submission of direct arguments for or against the measure shall be by 5:00 p.m. on August 13, 2008. b. The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. August 20, 2008. c. Direct arguments shall not exceed three hundred words and shall be signed by not more than five persons. d. Rebuttal arguments shall not exceed two hundred fifty words and shall be signed by not more than five persons; those persons may be different persons that the persons who signed the direct arguments. e. The City Attorney shall prepare an impartial analysis of the measure, not to exceed five hundred words, showing the effect of the measure. f. The Mayor, or his designee, is hereby authorized to prepare a written argument in favor of the proposed ordinance, not to exceed 300 words, on behalf of the City Council. At the Mayor's discretion, the argument may also be signed by bona fide associations or by individual voters who are eligible to vote. g. Pursuant to Section 9285 of the California Elections Code, 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. Section 8. 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. Section 9. The City Clerk is hereby authorized and directed to take all steps necessary to place the Measure on the ballot and to cause the Ordinance or Measure to be printed in the Sample Ballot. 4 PASSED, APPROVED and ADOPTED this 5th day of August by the following vote: AYES: councilmembers: Furtado, Kennedy, Low, Hernandez, Burr NOES: Councilmembers: None ABSENT: Councilmembers: None APPROVED: <-..::- ==-~ L- CS ~~-- ~ Donald R. Burr, Mayor ATT~~ Anne Bybee, City Clerk 5