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HomeMy WebLinkAboutCC Reso 2014-26 RESOLUTION NO. 2014-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN SAID CITY ON JUNE 3, 2014, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Election was held and conducted in the City of Cathedral City, California, on Tuesday, June 3, 2014; and WHEREAS, one measure, Measure B, relating to the continuation of the existing one percent (1%) Transactions and Use (Sales) Tax, with no expiration date; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, reviewed and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, pursuant to Resolution 2014-04, adopted February 12, 2014, the Riverside County Registrar of Voters canvassed the returns of the election and has certified the results to this City Council, said results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Said Special Election was held for the purpose of one measure, Measure B, relating to the continuation of the existing one percent (1%) Transactions and Use (Sales) Tax with no expiration date. SECTION 2. The whole number of votes cast in said City (except Vote by Mail ballots) was 1578. The whole number of Vote by Mail ballots cast in said City was 4037. The total number of votes cast in said City was 5615. SECTION 3. The following question was placed on the ballot: Measure B Cathedral City Continuation of Fiscal Stability/Local Control Measure ❑ Yes To maintain fiscal stability, address state takeaways and prevent cuts to vital services by retaining police, firefighters, paramedics/emergency dispatch ❑ No operators; maintaining 911 emergency/ambulance response; funding graffiti removal, pothole/street repair, senior programs, after school, anti-drug/anti- gang and other general services; shall Cathedral city continue its existing voter approved one cent sales tax with no rate increase, requiring citizen's review, and no money for Sacramento? RESOLUTION NO. 2014- ZIP Page 2 SECTION 4. The number of votes given in the City for and against Measure B is listed in the attached Exhibit "A". SECTION 5. The City Council does hereby declare and determine the following: That the result of the election, a majority of the voters voting on Measure B (approving the continuation of the existing one percent (1%) Transactions and Use (Sales) Tax, with no expiration date) did vote in favor of this measure and that measure was carried and shall be deemed adopted and ratified. A true copy of Measure B is attached hereto as Exhibit "B". SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of Resolutions. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council for the City of Cathedral City held on this 9th day of July, 2014, by the following vote: Ayes: 4- Cuuvl C t101C 1/vte r5 YIN CioCk e Fhs, 1/10tmoY Bib Te✓v1 VUtSGjui e Z Ct(1 d t--t L-A. lY tom' 1 ` Noes: 0 Absent: I • CLLV\C i V1lctrl TLS(> Abstain: X '2 r - leen J. De,La, Mayor ATTEST: Gary F.Howell, ' ity erk IF APPROVED AS TO FORM: 0/LCO/‘-- - Charles R. Green, City Attorney Exhibit A Certified Election Results Riverside County Registrar of Voters t{ OF Rik� * r i r, ai.� .;, (951)486-7200•FAX(951)486-7272 2724 Gateway Drive * TTY(951)697-8966 Riverside,CA 92507-0918 *4 P 9,,sq3 www.voteinfo.net REGISTRAR OF VOTERS COUNTY OF RIVERSIDE CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) ) ss. County of Riverside ) I, REBECCA SPENCER, Interim Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on June 3, 2014, as part of the Consolidated Primary Election in the CITY OF CATHEDRAL CITY and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes cast for and against each measure at said election in said City and in each precinct therein, and that the totals as shown for said election are full, true, and correct. Dated this 13th day of June 2014. ae,oecL I REBECCA SPENCE Interim Registrar of Voters ' J ,. ti. t /'„( t , .il 1 6/13/14 3:09 PM RIVERSIDE COUNTY Statement of Vote 727 of 733 June 3,2014 CONSOLIDATED PRIMARY ELECTION NO PARTY PREFERENCE MEASURE B-CATHEDRAL CITY 140044 E C •' O N S7 rte., o co N H O co O E NWW O m F } 2 42006 CATHEDRAL CITY 1762 151 8.57 104 45 42006-Vote by Mail Reporting 1762 377 21.40 256 113 42010 CATHEDRAL CITY 1974 206 10.44 100 103 42010-Vote by Mail Reporting 1974 405 20.52 265 139 42011 CATHEDRAL CITY 1574 120 7.62 60 56 42011-Vote by Mail Reporting 1574 296 18.81 187 101 42013 CATHEDRAL CITY 667 42 6.30 12 26 42013-Vote by Mail Reporting 667 64 9.60 50 12 42014 CATHEDRAL CITY 1397 113 8.09 47 62 42014-Vote by Mail Reporting 1397 273 19.54 171 99 42015 CATHEDRAL CITY 1618 126 7.79 74 48 42015-Vote by Mail Reporting 1618 239 14.77 176 58 42019 CATHEDRAL CITY 1381 108 7.82 65 43 42019-Vote by Mail Reporting 1381 228 16.51 155 67 42021 CATHEDRAL CITY 934 53 5.67 30 23 42021-Vote by Mail Reporting 934 242 25.91 167 73 42022 CATHEDRAL CITY 1878 118 6.28 65 51 42022-Vote by Mail Reporting 1878 331 17.63 246 80 42023 CATHEDRAL CITY 1219 49 4.02 33 15 42023-Vote by Mail Reporting 1219 252 20.67 189 50 42025 CATHEDRAL CITY 0 0 0.00 0 0 42025-Vote by Mail Reporting 0 0 0.00 0 0 42030 CATHEDRAL CITY 1681 121 7.20 69 45 42030-Vote by Mail Reporting 1681 498 29.63 358 121 42034 CATHEDRAL CITY 96 1 1.04 """"'•' Insufficient Turnout to Protect Voter Privacy """"• 42034-Vote by Mail Reporting 96 38 39.58 31 7 42037 CATHEDRAL CITY 1584 235 14.84 116 116 42037-Vote by Mail Reporting 1584 400 25.25 236 159 42039 CATHEDRAL CITY 1065 135 12.68 92 38 42039-Vote by Mail Reporting 1065 394 37.00 290 96 Precinct Totals 18830 1578 8.38 868 671 Vote by Mail Reporting Totals 18830 4037 21.44 2777 1175 Grand Totals 18830 5615 29.82 3845 1846 RIVERSIDE COUNTY 18830 5615 29.82 3645 1848 36th Congressional District 18830 5615 29.82 3645 1848 28th Senatorial District • 18830 5615 29.82 3645 1846 56th Assembly District 18830 5615 29.82 3645 1846 State Bd of Equalization 4th Dist 18830 5615 29.82 3645 1846 4th Supervisorial District 18830 5615 29.82 3645 1846 City of Cathedral City 18830 5615 29.82 3645 1846 Exhibit B Measure B Ordinance No. 736 ORDINANCE NO. 736 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING THE CATHEDRAL CITY MUNICIPAL CODE SECTION 3.44.160 TO CONTINUE THE EXISTING TRANSACTIONS AND USE (SALES) TAX WHEREAS, on February 24, 2010, the City Council unanimously declared a fiscal emergency by Resolution 2010-66, and subsequently reaffirmed by Cathedral City budget Resolution 2013-210, duly adopted on May 22, 2013 under Article XIIIC, section 2(b) of the California Constitution; and WHEREAS, pursuant to California Revenue and Taxation Code Sections 7285.9 and 7290, the City of Cathedral City ("City") has the authority to levy a Transactions and Use (Sales) Tax for general purposes; and WHEREAS, at a Special Election held on June 8, 2010, the City Council proposed and a majority of the voters approved an essential services temporary funding measure which imposed a one cent sales tax (1.0%) on the sale or consumption of tangible personal property within the City of Cathedral City (the "Sales Tax"), and WHEREAS, the City's Transactions and Use Tax Ordinance imposing the Sales Tax is found in Chapter 3.21 of the City's Municipal Code; and WHEREAS, Section 3.44.16 of the City's Municipal Code sets forth a termination date of the Sales Tax on the fifth anniversary of its adoption, which will repeal the Sales Tax on September 30, 2015, unless continued by a majority of the voters of the City; and WHEREAS, the City Council has determined that the continuation of the existing Sales Tax, without raising existing tax rates, is critical to funding the City's essential services, preserving the safety and character of Cathedral City, and ensuring that our City has a guaranteed source of local funding that cannot be taken by Sacramento; and WHEREAS, the City conducted a community opinion survey which shows a majority of respondents would support continuing the Sales Tax to maintain and protect City services; and WHEREAS, the City Council, by adopting Resolution No. 2014-04, authorized placing the matter of continuing the Sales Tax before the voters of Cathedral City at a Special Election to be held on June 3, 2014 ; and WHEREAS, the termination date in Section 3.44.160 of the City's Municipal Code must be amended to continue the Sales Tax. NOW, THEREFORE, the People of the City of Cathedral City do ordain as follows: SECTION 1: AMENDMENT. Section Chapter 3.44.16 of Chapter 3.44 (Transaction and Use Tax) of the Cathedral City Municipal Code shall be amended to read as follows: 3.44.16 Termination Date The authority to levy the tax imposed by this ordinance shall not expire, unless terminated by a majority vote of registered voters of the City of Cathedral City. SECTION 2: FULL FORCE AND EFFECT. Except as herein otherwise expressly provided, Chapter 3.44 (Transaction and Use Tax) of the Cathedral City Municipal Code shall remain in full force and effect. SECTION 3: SEVERABILITY. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 4: EFFECTIVE DATE. This Ordinance shall be submitted to the voters at a Special Election to be held on June 3, 2014. Upon approval by a majority of the voters of the City voting on this Ordinance, the amendment of Chapter 3.44 of the City's Municipal Code shall take effect immediately and the Transactions and Use Tax shall be continued as provided for in this Ordinance. SECTION 5: PUBLICATION. The City Clerk of the City of Cathedral City is hereby directed to cause the following summary of the ordinance to be published in a newspaper of general circulation, published and circulated in the City of Cathedral City: Contingent upon majority voter approval, this Ordinance amends the termination date of the existing transactions and use (sales) tax. The tax will no longer expire on the fifth anniversary. The tax will continue until registered voters of the City of Cathedral City vote in favor of termination. SECTION 6: CERTIFICATION. Upon certification of voter approval, this Ordinance was duly approved by the following vote of the voters of the City of Cathedral City on June 3, 2014: 3,645 - 66.38% Voted Yes 1,846 — 33.62% Voted No SECTION 7: CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced and approved at a regular meeting of the City Council of the City of Cathedral City held on the 12th day of February, 2014 by the following vote: Ayes: Councilmembers Henry, Toles and Pettis; Mayor Pro Tern Vasquez and Mayor DeRosa Noes: None Abstain: None Absent: None KTa hleen J. De'dsa, Mayor ATTEST: J "--Gary F. owell, City erk APPROVED AS TO FORM: Charles R. Green, City Attorney