HomeMy WebLinkAboutResolution - Reso 2024-33 - 07/24/2024 RESOLUTION NO. 2024-33
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY
CALLING AN ELECTION IN THE CITY OF CATHEDRAL CITY TO BE
CONSOLIDATED WITH THE CITY'S NEXT GENERAL MUNICIPAL ELECTION
ON NOVEMBER 5, 2024 AND SUBMITTING TO THE ELECTORS A BALLOT
MEASURE TO ADOPT AN ORDINANCE INCREASING THE CITY'S
TRANSACTIONS AND USE TAX BY ONE-HALF CENT, ESTABLISHING THE
POLICIES AND PROCEDURES FOR SUCH AN ELECTION, REQUESTING
THAT RIVERSIDE COUNTY PROVIDE ELECTION SERVICES; DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS; AND
AUTHORIZING THE FILING OF A REBUTTAL ARGUMENT
WHEREAS, previous actions by Sacramento politicians resulted in the loss of$30 million in
local revenue over the past five years, impacting Cathedral City's ability to maintain the basic
services on which our community relies; and
WHEREAS, in the last year alone, approximately 77% of calls to Cathedral City Fire Department
have been related to medical emergencies; and
WHEREAS, most recent crime data reports for Cathedral City found a five-year high with over
825 reported burglaries and thefts, including more than 250 car thefts; and
WHEREAS, the City does not have the funding needed to provide lifesaving equipment, help
maintain 911 emergency response times to continue saving lives, or provide sufficient police
patrols in neighborhoods and business areas to keep residents and their property safe; and
WHEREAS, prior to this year's rainy season, independent engineers rated nearly two-thirds of
Cathedral City's streets and roads as "fair," "poor," or"very poor"; and the roads have only
gotten worse; and
WHEREAS, the City does not have the funding needed to complete street and pothole repairs
before the problem gets even worse and more expensive to fix; and
WHEREAS, in 2010 the voters of the City of Cathedral City approved Measure H establishing a
one cent transactions and use tax for a period of five years, and in 2014 the voters of the City of
Cathedral City approved Measure B removing the sunset date on the tax and allowing it to be
levied unless and until it is repealed by the voters; and
WHEREAS, a citizens safety ad-hoc committee that reviewed the city's fiscal condition has
recommended a local measure be placed on the ballot for voters to consider to increase the
City's transactions and use tax by one-half cent; and
WHEREAS, the measure would provide and additional source of local funding to help maintain
basic services, including 911 medical emergency, paramedic, fire protection and police
response, addressing homelessness, road and pothole repair, keeping parks safe and secure,
and maintaining disaster repones services with funding that the state cannot take; and
WHEREAS, the measure includes tough accountability provisions and fiscal safeguards
including public disclosure of all spending and annual independent financial audits; and
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WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that any general tax
must be approved by a majority vote of the voters voting on the issue; and
WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that an election by
the voters to approve a general tax must be consolidated with a statewide general election at
which members of the City Council will be elected; and
WHEREAS, November 5, 2024 is the date of the statewide general election at which members
of the City Council will be elected; and
WHEREAS, the City Council believes that it is in the best interests of the City to submit the
proposed increase to the transactions and use tax to the voters of City.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cathedral City orders
as follows:
1. Call for Election. Pursuant to Elections Code Section 9222, the City Council hereby calls
an election at which it shall submit to the qualified voters of the City of Cathedral City, a
measure that, if approved, would increase the City's transactions and use tax (sales tax) by
one-half cent. This measure shall be designated by letter by the Riverside County Registrar
of Voters.
2. Ballot Language. The ballot language for the proposed measure shall be as follows:
Cathedral City Services Measure. Shall the measure providing funding
for Cathedral City's general services such as maintaining 911 medical YES
emergency/ambulance/fire/police response and gang prevention
programs; recruiting/retaining well-trained paramedics/firefighters; —
repairing streets/potholes; preparing for/responding to and recovering NO
from rainstorms/natural disasters; keeping public areas/parks safe/clean;
addressing homelessness; by increasing sales tax by 1/0 providing
$5,000,000 annually until ended by voters; requiring audits, spending
disclosure, funds locally controlled, be adopted?
3. Text of Measure. The proposed measure submitted to the voters is as attached in Exhibit
A to this Resolution, which is incorporated herein by reference. The City Council hereby
approves the proposed ordinance, in the form thereof, and its submission to the voters of the
City at the November 5, 2024 election. The full text of the measure shall be printed in the
ballot materials and be available for public inspection in the City Clerk's office and on the
City's website.
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 Cathedral City, in accordance
with Section 12111 of the California Elections Code.
5. Request to Consolidate and Conduct Election and Canvass Returns.
(a) Pursuant to California Elections Code Section 10400 et seq.,the election for this measure
shall be consolidated with the established election to be conducted on November 5, 2024.
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The City Council hereby requests that the Riverside Board of Supervisors consolidate the
election called by this Resolution with the statewide election to be conducted on November
5, 2024 and order the election to be conducted by the Registrar of Voters. The City Council
of the City of Cathedral City acknowledges that the consolidated election will be held and
conducted in the manner prescribed in Elections Code Section 10418. The City Council
recognizes that additional cost will be incurred by the County of Riverside by reason of the
consolidation of the election with the Statewide election and agrees to reimburse the County
of Riverside for any costs that are not reimbursed by the State, and the City Council hereby
authorizes the City Manager to pay the County of Riverside for said services in full. The City
Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors of
Riverside and the Registrar of Voters of Riverside County on or before August 9, 2024.
(b) The election on the measure set forth in Section 3 shall be held and conducted,the voters
canvassed and the returns made, and the results ascertained and determined as provided
herein. The election shall be held in accordance with the Elections Code of the State of
California.
(c)The election on the measure set forth in Section 3 shall be held in Riverside County in the
City of Cathedral City on November 5, 2024, as required by law, and the Board of Supervisors
of Riverside County is authorized to canvass the returns of the election with respect to the
votes cast in the City of Cathedral City and certify the results to the City Council of the City
of Cathedral City.
(d)At the next regular meeting of the City Council of the City of Cathedral City occurring after
the returns of the election for the measure set forth in Section 3 have been canvassed and
the results have been certified to the City Council, or at a special meeting called for such
purpose if required by law, the City Council shall cause to be entered in its minutes a
statement of the results of the election.
6. Submission of Ballot Arguments.
(a) Arguments in favor and against the measure shall be filed with the City Clerk no later than
5:00 p.m. on August 13, 2024, signed, with the printed name(s) and signature(s) of the
author(s) submitting it, or if submitted on behalf of an organization, the name of the
organization, and the printed name and signature of at least one of its principal officers who
is the author of the argument. Neither the City Council, nor any member or members of the
City Council, are authorized to submit ballot arguments for or against the measure.
(b) Direct arguments shall not exceed three hundred (300) words and shall be signed by not
more than five (5) persons.
(c) Pursuant to California Elections Code Section 9285(b), the City Council is hereby
adopting provisions for the filing of rebuttal arguments for this measure. Accordingly, 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 it, and copies of the argument against it to
the authors of the argument in favor. Rebuttal arguments shall not exceed 250 words and
shall be filed no later than 5:00 p.m. on August 20, 2024, accompanied by the printed names
and signatures of the persons submitting it, or if submitted on behalf of an organization, the
name of the organization, and the printed name and signature of at least one of its principal
officers. Rebuttal arguments shall be printed in the same manner as the direct arguments.
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Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.
7. Impartial Analysis. In accordance with California Elections Code Section 9280, the City
Council directs the City Clerk to transmit a copy of this Measure to the City Attorney, who
shall prepare an impartial analysis showing the effect of the measure on the existing law and
the operation of the measure. The City Attorney's impartial analysis may not exceed 500
words and shall be filed with the City Clerk no later than 5:00 p.m. on August 20, 2024.
8. Services of City Clerk. 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. A copy of the measure shall be made available to any voter upon request.
9. Severance. Should any section, subsection, clause or provision of this resolution for any
reason be held to be invalid, then the remainder of the resolution shall be deemed valid, it
being expressly declared that this resolution, and each and every section, subsection, clause
and phrase hereof would have been prepared, proposed, approved, adopted and/or ratified
even if any other section, subsection, sentence, clause or phrase of this resolution were
declared invalid.
10. Compliance with CE• . The City Council finds and determines that this activity is not a
"Project" as defined under Section 15378(b)(4) of the California Environmental Quality Act
(CEQA) Guidelines because it is a financing decision without commitment to a specific
project that may result in a potentially significant physical impact on the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the actions
proposed are not subject to CEQA.
APPROVED AND ADOPTED by the City Council and signed by the Mayor and attested by the
City Clerk this 24th day of July, 2024.
(
Mar rnevale, Mayor
ATTEST:
I, t k ,/: ()L.
Tracey R. Firermosillo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
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I, TRACEY R. HERMOSILLO, CITY CLERK of the City of Cathedral City, do
hereby certify that the foregoing Resolution was introduced and adopted42th at a regular
meeting of the City Council of the City of Cathedral City heldtheonday of July
2024 by the following vote:
AYES: Councilmembers Lamb, Gutierrez and Gregory; Mayor Pro Tem Ross
and Mayor Carnevale
NOES: None
ABSENT: None
ABSTAIN: None
) ?
Tracey RLHermosillo, City Clerk
EXHIBIT A
NOT OPERATIVE UNTIL ENACTED BY THE VOTERS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CATHEDRAL CITY,
CALIFORNIA, AMENDING CHAPTER 3.44 OF THE CATHEDRAL
CITY MUNICIPAL CODE TO INCREASE THE CITY'S
TRANSACTIONS AND USE TAX BY ONE-HALF CENT
WHEREAS, previous actions by Sacramento politicians resulted in the loss of$30 million in
local revenue over the past five years, impacting Cathedral City's ability to maintain the basic
services on which our community relies; and
WHEREAS, in the last year alone, approximately 77% of calls to Cathedral City Fire Department
have been related to medical emergencies; and
WHEREAS, most recent crime data reports for Cathedral City found a five-year high with over
825 reported burglaries and thefts, including more than 250 car thefts; and
WHEREAS, the City does not have the funding needed to provide lifesaving equipment, help
maintain 911 emergency response times to continue saving lives, or provide sufficient police
patrols in neighborhoods and business areas to keep residents and their property safe; and
WHEREAS, prior to this year's rainy season, independent engineers rated nearly two-thirds of
Cathedral City's streets and roads as "fair," "poor," or"very poor"; and the roads have only
gotten worse; and
WHEREAS, the City does not have the funding needed to complete street and pothole repairs
before the problem gets even worse and more expensive to fix; and
WHEREAS, in 2010 the voters of the City of Cathedral City approved Measure H establishing a
one cent transactions and use tax for a period of five years, and in 2014 the voters of the City of
Cathedral City approved Measure B removing the sunset date on the tax and allowing it to be
levied unless and until it is repealed by the voters; and
WHEREAS, a citizens safety ad-hoc committee that reviewed the city's fiscal condition has
recommended a local measure be placed on the ballot for voters to consider to increase the
City's transactions and use tax by one-half cent; and
WHEREAS, the measure would provide and additional source of local funding to help maintain
basic services, including 911 medical emergency, paramedic, fire protection and police
response, addressing homelessness, road and pothole repair, keeping parks safe and secure,
and maintaining disaster repones services with funding that the state cannot take; and
WHEREAS, the measure includes tough accountability provisions and fiscal safeguards
including public disclosure of all spending and annual independent financial audits; and
4865-7766-8818 vl
WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that any general tax
must be approved by a majority vote of the voters voting on the issue; and
WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that an election by
the voters to approve a general tax must be consolidated with a statewide general election at
which members of the City Council will be elected; and
WHEREAS, November 5, 2024 is the date of the statewide general election at which members
of the City Council will be elected.
THE PEOPLE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. CHAPTER 3.44 AMENDED. The following amendments are made to
Chapter 3.44 of the Cathedral City Municipal Code, with deletions shown in strikethrough and
additions shown in underline:
A. Section 3.44.030 (Purpose), paragraph A, is amended to read as follows:
"A. To impose a retail transactions and use tax in accordance with the provisions of
Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and
Section 7285.9 of Part 1.7 of Division 2, which authorizes the city to adopt the tax ordinance
codified in this chapter which shall be effective for a period of five years if a majority of the
electors voting on the measure vote to approve the imposition of the tax at an election called for
that purpocc."
B. Section 3.44.050 (Transactions tax rate) is amended to read as follows:
"For the privilege of selling tangible personal property at retail, a tax is hereby imposed
upon all retailers in the incorporated territory of the city at the rate of one and one-half percent of
the gross receipts of any retailer from the sale of all tangible personal property sold at retail in
said territory on and after the operative date of the ordinance codified in this chapter"
C. Section 3.44.070 (Use tax rate) is amended to read as follows:
"An excise tax is hereby imposed on the storage, use or other consumption in the city of
tangible personal property purchased from any retailer on and after the operative date of the
ordinance codified in this chapter for storage, use or other consumption in said territory at the
rate of one and one-half percent of the sales price of the property. The sales price shall include
delivery charges when such charges are subject to state sales or use tax regardless of the
place to which delivery is made."
SECTION 2. CEQA. This activity is not a "Project" as defined under Section
15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines because it is a
financing decision without commitment to a specific project that may result in a potentially
significant physical impact on the environment; therefore, pursuant to Section 15060(c)(3) of the
State CEQA Guidelines, the actions proposed are not subject to CEQA.
SECTION 3. SEVERABILITY. If any provision of this Ordinance is held invalid, such
invalidity shall not affect the remaining provision of this Ordinance, which shall remain in effect
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absent the provision held to be invalid, and to this end, the provisions of this Ordinance are
declared to be severable.
SECTION 4. ELECTION REQUIRED; EFFECTIVE DATE. This ordinance shall be
submitted to the voters at the regular municipal election to be held on November 5, 2024. This
ordinance shall not become operative unless and until a majority of the electors voting on the
measure vote to approve this ordinance, in which case this ordinance shall go into effect ten
(10) days after the date on which the election results are declared by the City Council.
PASSED, APPROVED, AND ADOPTED BY THE PEOPLE OF THE CITY OF
CATHED- L CITY AT THE REGULAR MUNICIPAL ELECTION HELD ON THE 5TH DAY OF
NOVEMBER, 2024.
ATTEST:
Tracey R. Hermosillo, City Clerk
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