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Mendocino County, CA November 4, 2014 Election
Measure P
Extension of Transactions and Use Tax
City of Ukiah

Majority Approval Required

Pass: 2660 / 76.00% Yes votes ...... 840 / 24.00% No votes

See Also: Index of all Measures

Results as of Nov 4 10:10pm, 0.0% of Precincts Reporting (0/35)
Information shown below: Impartial Analysis | Arguments | Full Text

Shall the one-half of one percent (0.5%) transaction and use tax used to fund essential public services, including police, fire prevention and protection, and emergency medical services, set to expire on September 25, 2015, be extended by Ordinance No. 1149 until repealed by majority vote in a municipal election?

Impartial Analysis from City Attorney
If approved by a majority vote, this ballot measure would extend, until repealed by a majority vote at a municipal election, the existing general one-half of one percent (0.5%) sales tax in the City of Ukiah. This tax was adopted by majority vote as "Measure S" at a municipal election on June 7, 2005, by Ordinance No. 1063 along with "Measure T," which was an advisory measure asking whether police, fire and emergency medical services should be the first priority for the use of the general fund revenue from Measure S. Section 1799.5 of Ordinance No. 1063 provides, in effect, that the tax is repealed on September 25, 2015. Measure T remains in effect and continues to advise that public safety services should be the first priority for the use of revenue from the cent sales tax. Measure P would amend Section 1799.5 to provide that the sales tax will remain in effect after September 25, 2015, until repealed at a general municipal election.

This cent sales tax has been in effect for almost nine years. Currently, it is added to the existing 7.625% sales tax in Mendocino County, making the total sales tax on goods sold in Ukiah 8.125%. On a purchase of $100 in the City of Ukiah, the cent sales tax increases the sales tax by fifty cents ($.50). The combined sales tax rate in Ukiah compares to an 8.125% sales tax rate in Willits and Point Arena, 8.625% sales tax rate in Fort Bragg and a rate of 8.25% in Sonoma County and every incorporated city in Sonoma County.

The City receives 1% of the 7.5% statewide Bradley Burns sales tax which goes into the City General Fund to pay for city provided service. All of the additional .5% sales tax enacted by Measure S goes to fund city provided services, including police, fire and emergency medical services. Measure P would extend this revenue beyond September 25, 2015. Under existing state law, these funds must be used exclusively for the municipal purposes of the City of Ukiah and may not be diverted by the state for any other use.

The tax will continue to be administered by the California State Board of Equalization ("SBOE") under a contract with the City.

s/David J. Rapport David J. Rapport, Ukiah City Attorney

 
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Arguments For Measure P Arguments Against Measure P
Measure P will continue the existing -cent sales tax (fifty cents on a $100 purchase) used solely for Public Safety Services. Why is this tax necessary?
1. Maintain Police and Fire Services. If the -cent sales tax expires, significant cuts in police and fire services will be unavoidable.
2. Support Community Safety and Protection. Aggressive transients, gangs and violent drug crimes continue to impact our safety. These funds will continue to provide critical police services to protect our neighborhoods, businesses, and schools.
3. Secure Fire and Emergency Medical Services. The City of Ukiah and Ukiah Valley Fire District have established a two year contract for regional fire services. Measure P funding is critical to providing ongoing, unified fire and emergency medical services to our community. What will it cost? Measure P continues a tax used to fund public safety services. There is no increase. Who will pay? The tax is charged on non-grocery purchases within Ukiah, many of which are made by non-residents who benefit from City services buy pay no property taxes. Will this measure impact business? A safe and secure community is good for business. If Measure P passes, the sales tax rate in Ukiah will remain the same as it is today, which is lower than the sales tax in Santa Rosa and Fort Bragg and the same as Willits. Can the State take this money? No! This is a local tax, which, by law, the State cannot touch. What are Measure P's fiscal safeguards? The Ukiah City Council unanimously passed a resolution requiring independent citizen oversight every two years and separate accounting for Measure P revenues and expenditures. If the City does not support public safety services as promised, the community can vote to repeal the tax. VOTE YES ON MEASURE P FOR A SAFE UKIAH.

s/Phil Baldwin Phil Baldwin, Mayor of Ukiah UKIAH CITY COUNCIL

s/Mary Anne Landis Mary Anne Landis, Vice Mayor of Ukiah UKIAH CITY COUNCIL

s/John Sheridan Malone John Sheridan Malone, Former Mayor of Ukiah

s/John McCowen John McCowen, Second District Supervisor

s/Francine D. Selim Francine D. Selim, Retired Educator

No argument against Measure P was received.

Full Text of Measure P
The voters of the City of Ukiah hereby ordain as follows:

SECTION 1. FINDINGS. The voters of the City of Ukiah hereby find as follows:

The City Council and the people of the City of Ukiah hereby find:

1. At an election held on June 7, 2005, by a vote of 1442 for and 634 against, 69.46% of the voters of the City of Ukiah approved, as a general tax, a one-half cent (0.5%) Transaction and Use Tax, commonly called a "Sales Tax" and known as "Measure S."
2. Measure S is codified at Chapter 8c of Division 1 of the Ukiah City Code and has an expiration date under Ukiah City Code Section 1799.5 on the tenth anniversary of the Operative Date thereof, unless extended by a majority vote in a subsequent municipal election.
3. The Operative Date of Measure S was the date when the half-cent transactions and use tax was first imposed. That date was September 25, 2005, 110 days after the voters approved the measure.
4. Under Ukiah City Code Section 1799.5, the Measure S Sales Tax will terminate on September 25, 2015.
5. When Measure S passed, the voters overwhelmingly answered "Yes" to the question posed by Measure T, an accompanying advisory measure which asked: "Should additional funds for public safety, including police, fire and emergency medical services, be the first priority for the use of new sales tax revenues in the City of Ukiah?"
6. In 2005, when Measure S and T passed, the City spent $5,670,719 on public safety, including police, fire and emergency medical services.
7. Under the guidance from Measure T, the City has spent as follows for public safety: Fiscal Year General Fund Measure S Other Total (*Unaudited) FY2006 $5,286,893 $1,092,344 $ - 0 - $6,379,237 FY2007 $5,177,424 $2,277,084 $ 27,861 $7,482,369 FY2008 $5,451,375 $2,322,584 $ 3,794 $7,777,753 FY2009 $6,127,841 $2,129,720 $ 1,337 $8,258,898 FY2010 $7,152,310 $2,013,673 $ 79,918 $9,245,901 FY2011 $5,991,911 $2,153,968 $136,321 $8,282,200 FY2012 $6,233,347 $2,229,049 $ 88,158 $8,550,554 FY2013* $6,826,934 $2,412,549 $ 7,670 $9,247,153 FY2014* $6,250,200 $2,371,888 $ 500 $8,622,588
8. While Measure S revenues are general fund revenues subject to the budgeting discretion of the City Council, it has, in fact, used the taxes from Measure S exclusively for public safety. In addition, the City Council has increased general fund support for public safety by over $4.5 million since 2005. The City Council chose consistently throughout the financal crisis since 2008 to sustain funding for public safety, and added to it from the General Fund, even in the face of making significant spending reductions in other city operations and non-safety personnel. Despite this level of spending the City has struggled to maintain adequate personnel and equipment to meet the demands for public safety services which have increased substantially over the past 10 years.
9. The 10 year sunset in Measure S has created a significant problem for the City's Police Department in recruiting and retaining new peace officers, because the City cannot assure new recruits that it will have funding for their positions, after the tax revenue from Measure S terminates in 2015.
10. This measure, if passed by the voters, continues the sales tax enacted by Measure S beyond its current repealed date and provides that the tax will remain in effect until it is repealed by majority vote at a municipal election.
11. The City Council determined at its special meeting on June 24, 2014, to place this measure on the ballot for the regular municipal election on November 4, 2014, as authorized by Revenue and Taxation Code section 7285.9.
12. While this measure will continue the tax indefinitely, unless repealed or amended by the voters, a City Council resolution adopted at its meeting on June 24, 2014, will establish a committee composed of members of the public (the Oversight Committee) to review and report on the use of the revenue from the tax. The extension of the tax shall be approved if the measure receives at least a majority of affirmative votes.
13. Based on all of the information presented at the City Council meetings on June 18 and 24, 2014, 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 action does not constitute a project under CEQA and, therefore, review under CEQA is not required.

SECTION 2. AMENDMENT OF SECTION 1799.5 OF THE UKIAH CITY CODE.

Section 1799.5, "Repeal of Tax," of the Ukiah City Code shall be amended to read as follows:

1799.5 REPEAL OF TAX The tax imposed by this chapter shall be made permanent and remain in full force and effect, unless and until repealed by a majority vote at a general municipal election.

SECTION 3. ORDINANCE TO BE SUBMITTED TO THE VOTERS.

This ordinance shall be submitted to the voters at an election to be held on November 4, 2014. Upon approval by a majority of the voters of the City voting on this ordinance, the Transactions and Use Tax set forth in City of Ukiah Ordinance No. 1063 ("Measure S") shall be continued indefinitely, unless repealed by majority vote in a subsequent municipal election.

SECTION 4. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the ordinance and the application of such provision to the other persons or circumstances shall not be affected thereby. The voters of the City of Ukiah hereby declare that they would have adopted each and every provision of this ordinance regardless of the invalidity of any other provision.

SECTION 5. CODIFICATION.

Upon adoption of this ordinance pursuant to the voter approval referenced herein, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this ordinance in the Ukiah City Code.

SECTION 6. EFFECTIVE DATE.

If this ordinance is approved by a majority of the voters voting on the issue at the November 4, 2014 election, pursuant to Elections Code Section 9217, this ordinance shall become effective ten (10) days after the City Council declares the results of the election. The Operative Date of the Transactions and Use Tax set forth in City of Ukiah Ordinance No. 1063 shall not be affected by this ordinance.

Approved on June 24, 2014 by the following roll call vote of the Ukiah City Council:

AYES: Councilmembers Scalmanini, Crane, Thomas, Landis and Mayor Baldwin NOES: None ABSENT: None ABSTAIN: None

s/Philip E. Baldwin Philip E. Baldwin, Mayor

ATTEST:

s/Kristine Lawler Kristine Lawler, City Clerk


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Created: July 23, 2015 14:57 PDT
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