City of Sebastopol

Measure Q - Majority Approval Required

CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE Q

On July 17, 2018, the City Council of the City of Sebastopol voted unanimously to place this measure on the ballot of the November 6, 2018 Election.

Measure Q would amend a measure adopted by Sebastopol voters in the Novem- ber 2012 election. The original measure added a half-cent sales tax for 8 years to local purchases, amounting to an extra 50 cents on a $100 purchase. The sales tax is planned to sunset in 2021.

The current sales tax rate in Sebastopol is 8.875%, including 6% for the State, .875% for the County, .25% for SMART, and 1.75% for the City. The full amount of the revenues generated from this tax are placed in the City’s General Fund and are available to support general City operations and programs such as police and fire services, street maintenance, park and recreational programs, community benefit grants, and any other governmental functions and services.

If approved, the Measure will continue to be in effect until repealed by the voters. The measure would not increase or otherwise change the sales tax.

A “Yes” vote is a vote to approve the extension of the current sales tax. A “No” vote is a vote against the extension of the current sales tax.

The proposed extension of this tax is authorized by California Revenue and Taxa- tion Code Section 7285.9, subject to approval by two-thirds of the City Council and a majority of the voters voting on the measure. The measure would be approved if it receives a simple majority of “Yes” votes.

The above statement is an impartial analysis of Measure Q. If you desire a copy of the ordinance or measure, please call the City Clerk at (707) 823-1153 and a copy will be mailed at no cost to you.

Dated: August 20, 2018

 Larry McLaughlin City Attorney

ORDINANCE NO. ________

AN ORDINANCE OF THE CITY OF SEBASTOPOL AMENDING ORDINANCE NO. 1052, “INCREASE IN THE SEBASTOPOL COMMUNITY TRANSACTIONS AND USE TAX,” TO EXTEND THE ORDINANCE UNTIL REPEALED BY THE VOTERS

Sections:

Findings
1. Amendment to Section 18 of Ordinance No. 1052 2. Effect on Ordinance No. 1052
3. Voters’ Power

FINDINGS
The voters of the City of Sebastopol hereby find, declare and do ordain as follows:

In 2012, the voters approved Measure Y, which authorized a 0.5% increase in the City’s transactions and use tax. Measure Y has helped the City stay solvent, maintain essential services, and rebuild reserve funds.

Measure Y generates approximately 15% of the City’s annual revenue. This revenue is used for the general governmental needs of the City, and it supports many programs and services including police, fire, public works, and administration. Additionally, as a locally enacted measure, Measure Y creates a funding stream that cannot be taken by other entities, such as the State of California.

Measure Y is set to expire on March 31, 2021.

Based on the City’s budget projections, if Measure Y expires, the City will lose approximately $1.4 million annually. While the City continues to be fiscally prudent, without Measure Y revenues, the City will face a budget shortfall, which will require additional permanent budget reductions, and will further reduce the City’s ability to provide for community programs and current services. Without the continuation of Measure Y, the City’s ability to maintain public service levels, roads and infrastructure will be uncertain.

Section 1. Amendment to Section 18 of Ordinance No. 1052. Section 18 of Ordinance No. 1052 is amended as follows:

Section 18. TERMINATION DATE DURATION. The authority to levy the tax imposed by this ordinance shall continue until repealed by the voters of the City expire on the eighth (8th) anniversary of the Operative Date, unless extended by a majority of the voters of the City

Section 2. Effect on Ordinance No. 1052. Ordinance No. 1052 otherwise remains in full force and effect, including, but not limited to, the method of collection for said tax.

Section 3. Voters’ Power. By approving this ordinance, the voters authorize the City Council to amend this tax without subsequent voter approval so long as such amendment does not increase the amount of the tax paid by any taxpayer. This tax shall remain in effect until repealed or amended by the voters.

THE FOREGOING ORDINANCE was adopted by Declaration of the vote of the Sebastopol City Council on the ____ day of _______, 2018, at a regular meeting of the Sebastopol City Council by the following vote, to wit:

City of Sebastopol City Council: Ayes:
Noes:
Abstain:

Absent:

APPROVED AS TO FORM

APPROVED: ____________________ Mayor

ATTEST: _______________________ City Clerk

____________________________________ City Attorney

Approved by the Voters of the City of Sebastopol at the November 6, 2018 Election

If the majority of the qualified electors voting on the initiative measure shall vote in favor thereof, the initiative measure shall become a valid and binding ordinance of the City of Sebastopol and shall be considered adopted upon the date that the vote is declared by the City Council of said City.