RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA PLACING ORDINANCE NO.____, AN ORDINANCE OF THE CITY OF PACIFICA ADOPTING CHAPTER 19, “TRANSACTIONS AND USE (SALES) TAX” OF TITLE 3 OF THE PACIFICA MUNICIPAL CODE TO IMPOSE A ½ CENT TRANSACTIONS AND USE TAX ON BALLOT FOR GENERAL MUNICIPAL ELECTION; REQUIRING PREPARATION OF AN IMPARTIAL ANALYSIS; AND ESTABLISHING REQUIREMENTS REGARDING BALLOT ARGUMENTS WHEREAS, Pacifica's parks, beaches, coastline, well-maintained trails, and recreation opportunities are what makes our city unique; and
WHEREAS, the City must protect these resources for current and future generations to enjoy; and
WHEREAS, the City wishes to maintain vital local services and protect local control with funding that cannot be taken by the State to address community needs and priorities; and WHEREAS, Pacifica is vulnerable to sea level rise and coastal erosion and we must help protect our residents, homes, and livelihoods; and
WHEREAS, Pacifica has the worst-rated roads in the Bay Area and the city must make essential repairs and fix potholes immediately to keep the community safe and improve traffic congestion before they become more dangerous and more expensive to fix; and WHEREAS, Pacifica's parks and recreation programs and recreation opportunities help our city's kids grow up healthy and are why many families choose to live in Pacifica; and WHEREAS, without additional local revenue, the City may be forced to contract out fire and police protection and road maintenance to the County or other agency, losing the ability to provide these vital services directly to residents; and WHEREAS, the measure requires strict accountability provisions, including independent citizen oversight with public disclosure of all spending, mandatory financial audits, and public reports to the community; and
WHEREAS, a general municipal election will be held in the City of Pacifica on Tuesday, November 8, 2022 for the purpose of electing three City Council members for a full term of four years, for Districts 2, 3, and 5; and
WHEREAS, the California Constitution Article XIIIC, Section 2(b) requires that any proposed general tax to be submitted to voters at a general municipal election; WHEREAS, the City of Pacifica has authority, pursuant to Revenue and Tax Code section 7285.9 et seq. to propose the levy of a transactions and use tax to be adopted by a majority vote of qualified voters provided that it is first approved by at least two-thirds vote of all members of the City Council; and
WHEREAS, on May 23, 2022, the City Council of the City of Pacifica directed staff to undertake the preparation of Ordinance No. ___, “An Ordinance of the City Council of the City of Pacifica Adopting Chapter 19, ‘Transactions and Use (Sales) Tax’ of Title 3 of the Pacifica Municipal Code”; and
WHEREAS, the City Council is authorized by Elections Code section 9222 to submit the proposed ordinance directly to the voters at the general election to be held on November 8, 2022.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Pacifica does resolve and order as follows:
Section 1. Approval of Ordinance and Placement of Ordinance No. __ on Ballot.
Pursuant to California Revenue and Tax Code section 7285.91 and Elections Code Section 9222, the City Council of the City of Pacifica hereby approves Ordinance No. __ and directs the submission of Ordinance No. ___ for a vote by the qualified electors of the City of Pacifica. The ballot question shall be as follows:
Shall the measure establishing a ½ ¢ sales tax for general government use to maintain the City of Pacifica’s vital services, such as police, fire, medical 9-1-1 emergency response; keeping pollution / trash off beaches; attracting / retaining jobs/businesses; street paving; storm drain maintenance to prevent flooding; preventing coastal erosion, and generating approximately $2,600,000 annually for 9 years, with regular financial audits, independent citizens’ oversight, and requiring funds be used locally, be adopted? YES
NO
This measure shall be designated by letter by the County of San Mateo elections official. If a majority of qualified electors shall vote in favor of the Ordinance, it shall be deemed enacted and shall read as provided in Exhibit “A”.
Section 2. Call for Election and Acknowledgment of Consolidated Election. In accordance with Elections Code 10403, the City Council hereby calls for an election regarding the above measure and directs that such election be consolidated with all city, county, and statewide elections occurring on November 8, 2022. The election shall be held and conducted in the manner prescribed by Elections Code section 10418.
Section 3. Notice of Measure. In accordance with Section 12111 of the Elections Code, the City Clerk is hereby authorized and directed to cause notice of the election on the measure to be published once in a newspaper of general circulation, printed, published, and circulated in the City of Pacifica. The City Clerk may request that the County elections official prepare and publish the required notice.
Section 4. Submission of Ballot Arguments and Impartial Analysis. (a) Pursuant to Elections Code section 9280, 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 on or before August 29, 2022 at 5:00 p.m. (b) Pursuant to Elections Code section 9286(b), arguments in favor of or against the measure shall be submitted to the City Clerk on or before August 19, 2022 at 5:00 p.m. If the City Clerk receives more than one argument for and/or against, the priorities established by Elections Code section 9287 shall control. 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, 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 be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut.
(d) Rebuttal arguments shall be controlled by the provisions of Elections Code section 9285. The deadline for filing rebuttal arguments shall be August 29, 2022, at 5:00 p.m. Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five (5) persons; those persons may be different persons than the persons who signed the direct arguments.
Section 5. Environmental review. The City Council finds that this Resolution is not subject to the California Environmental Quality Act (“CEQA”). This action is not a project within the meaning of the CEQA Guidelines Section 15378 and 15061(b)(3) as it has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City, does not commit the City to any specific project. Pursuant to CEQA Guidelines section 15378(b)(4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause significant effect on the environment are not defined as a “project” under CEQA.
Section 6. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this Resolution be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this Resolution.
Section 7. Certification, Necessary Acts. The City Clerk shall certify the adoption of this Resolution and shall cause a certified Resolution to be filed in the Office of the City Clerk. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County elections official, and 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. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of June 2022, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
Mary Bier, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney
EXHIBIT A