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CC 2013 Election; Canvass of VotesDepartment: City Clerk Prepared by: Esther Beirne Agenda Item No: SPECIAL Meeting Date: It I City Manager Appro41: M4_c"i SUBJECT: a) RESOLUTION DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON NOVEMBERS, 20137 TO INCLUDE RESULTS OF BALLOT MEASURE E b) SWEARING-IN CEREMONIES: The following to be sworn in by Esther Beirne, City Clerk: Rachel Kertz, Board of Education Trustee Natu Tuatagaloa, Board of Education Trustee Maribeth Bushey Lang, Councilmember Kate Colin, Councilmernber RECOMMENDATION: It is recommended that the City Council adopt Resolution Declaring Canvass of Returns and Results of Consolidated General Municipal Election held on November 5, 2013. SUMMARY / BACKGROUND: The City of San Rafael held a Consolidated General Municipal Election on Tuesday, November 5, 2013. The following were elected for a full term of four years each: Maribeth Bushey Lang Kate Colin Pursuant to Sections 5326 and 5328 of the Education Code, an election was not held in the San Rafael Elementary School District and the San Rafael High School District on Tuesday, the 5 th day of November, 2013, as the following two persons who were nominated for the two Trustee positions on the San Rafael Board of Education assume office by Operation of Law, for full terms of four years each, and will be sworn in on Monday, December 2, 2013. "J'aAlachel Kertz - Natu Tuatagalol Attached is a Resolution Declaring Canvass of Returns and Results of Consolidated General Municipal Election held on November 5, 2013, for adoption by the City Council. File No... 14 Council Meeting: t.;- Lx L;w/.31 Disposition: RESOLUTION OF OF THE CITY OF RAFAEL DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED NOVEMBER 5,2013, OF BALLOT ♦i TRANSACTIONS ♦ 1 WHEREAS, in pursuance of law and the Charter of the City of San Rafael, there was held in said City on Tuesday, the 5th day of November, 2013, a consolidated general municipal election to elect municipal officers, at which election the offices to be filled and the candidates for such offices were as follows: FOR CITY COUNCIL: (Two to be elected for a full term of four years each) GREG BROCKBANK MARIBETH BUSHEY LANG KATE COL1N RANDY WARREN WHEREAS, pursuant to Sections 5326 and 5328 of the Education Code, an election was not held in the San Rafael Elementary School District and the San Rafael High School District on Tuesday, the 5th day of November, 2013, as the following two persons who were nominated for the two Trustee positions on the San Rafael Board of Education assume office by Operation of Law to the San Rafael Board of Education, for fill term of four years each, and will be sworn in on Monday, December 2, 2013; FOR TRUSTEES, SAN RAFAEL BOARD OF EDUCATION. RACHEL KERT NTU TUTAGALA WHEREAS, the following measure was submitted to the electors of the City of San Rafael at the consolidated municipal election held on Tuesday, November 5, 2013: Rachel Kertz Trustee, San Rafael Board of Education Natu Tuatagaloa, Trustee, San Rafael Board of Education 6. That all vote by mail ballots have been duly received and canvassed in time, form and manner as required by law. BE IT FURTHER RESOLVED by the Council of the City of San Rafael, as follows-, 1. That the City Clerk of the City of San Rafael be, and is hereby instructed to enter this resolution in the Minutes of the City Council as a statement of the results of said election regarding Measure E; 2. That the whole number of votes cast at said election was 12,050 votes; 3. That more than a majority of all the votes cast on said Measure E were in favor of said Measure (per Exhibit "A", attached) and said Measure carried; and 4. That all vote by mail ballots have been duly received and canvassed in time, form and manner as required by law. S. That, accordingly, the City Council hereby declares, that the voters of the City of San Rafael have approved Ordinance No. 1913, attached as Exhibit "B", by a majority of the votes cast by the electors voting on Measure E at the consolidated general municipal election held Tuesday, November 5, 2013, and the City Council further declares that Ordinance No. 1913 levying a Transactions and Use Tax is hereby effective on December 12, 2013, ten days after the Council's adoption of this Resolution (SRMC section 3.19.148); and the City Council further declares that the operative date of the Ordinance, that is, the first day that the said tax shall be . ril 1. 2014 (SRMC section 3.19.020). 1. ESTHER BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a special meeting of the Council of said City held on Monday, the 2nd day of December, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS None ABSENT: COLINCILMEMBERS: None 0 /ge-z at-,, (4 1, ELAINE GINNOLD, Registrar of Voters, County of Marin, State of California, do hereby certify that on November 22, 20137 1 canvassed the vote cast at the Uniform District Elheld on • - i-2013,and the results of said canvass are as follows: (See Attached) ".N WITNESS WHEREOF, I have set my hand and affixed my official seal on 'the 22 • day of i !e2013. MAR.IN COUNTY REGISTRAR OF VOTERS Date: 11/22/13 � IFC DISTRICT ELECTION - NOVEMBER , 2013 Page: Time: 13:14:58 1 of OFFICIAL FINAL STATEMENT OF VOTES CAST City of San Rafael Reg, Voters Cards Cast % Turnout Jurisdiction 'Vide 0109019 Palling 1566 177 1 1.30°% VBM Precinct 1566 0 0.00°/( VBM 1566 562 35.89° "Total 1566 739 47.19°/( 0109029 Polling 1473 162 11,00°/c VBM Precinct 1473 0 0,000/( VBM 1473 468 31.77°/c Total 1473 630 42.770/( 0109039 Polling. 1383 124 8,970l VBM Precinct 1383 0 0.000l VBM 1383 560 40.49°l Total 1383 684 49.460f 0109049 Polling 881 94 10.67°/c VBM Precinct 881 0 0.000/ VBM 881 311 35.30°/c Total 881 405 45,970rc 0109059 Polling 1479 117 7.91 ON VBM Precinct 1479 0 0,00°/( VBM 1479 443 29,950/c Total 1479 560 37.860/ 0109069 Polling 789 45 5.700/( VBM Precinct 789 0 0.000/( VBM 789 273 34.600/c Dotal 789 318 40.300/c 0109079 Polling 558 13 .2.33°l VBM Precinct 558 0 0.000/( VBM 558 110 19.710/ Total 558 123 22.04° c 0109080 Polling 1022 71 6.95°,c VBM Precinct 1022 0 0.00% VBM 1022 406 39.73"/c Total 10:22 477 46,67°./c 0109089 Polling 1486 170 1 1,440/c VBM Precinct 1486 0 0.000/ VBM 1486 476 32.030/c Total 1486 646 43.47°/c 0109099 Polling 1381 143 10..35% VBM Precinct 1381 0 0.00% VBM 1381 450 32,59% Total 1381 59,3 42,94 0109109 Polling 1559 112 71c VBM Precinct 1559 0 0.00% VBM 1559 479 30 72% Total 1559 591 37.91 0109119 Polling 1472 97 6.59 VBM Precinct 1472 0 0.00 VBM 14 72 369 25.07'/' Total 147`' 466 31.66 J � NIARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/1 UNIFORM DISTRICT ELECTION - NOVEMBER Time: r..�1_ " OFFICIAL FINAL STATEMENT CAST City of I Rafael Reg: Voters Wards Cast� % Turnout 0109129 Polling 590 50 8,47% VBM Precinct 590 0 0,00% VBM 590 151 25,59% Total 590 201 34,07% 0109130 Polling 595 63 10.59% VBM Precinct 595 0 0.00% VBM 595 281 47.23% Total 595 344 57.82% 0109139 Polling 1360 121 8.90% VBM Precinct 1360 0 0.00% VBM 1360 576 42.35% Total 1360 697 51.25% 0109149 Polling 1443 152 10,53% VBM Precinct 1443 0 000% VBM 1443 544 37.70% Total 1443 696 48.23% 01091.59 Polling 1445 107 7.40% VBM Precinct 1445 0 0:00°l VBM 1445 458 31.70% Total 1445 565 39,10% 0109340 Polling 796 87 10.93% VBM Precinct 796 0 0.0 % VBM 796 266 33.42% Total 796 353 44.3.5% 0109360 Polling 853 67 7.85% VBM Precinct 853 0 0,00% VBM 853 361 42.32% Total 853 428 50.18% 0109400 Polling 793 83 10,47% VBM Precinct 793 0 0.00% VBM 793 288 3632% Total 793 371 46,78% 0209149 Polling 1476 126 8.54% VBM Precinct 1476 0 0.00% VBM 1476 414 28.05% Total 1476 540 36.59% 0209159 Polling 2269 186 8.20'. VBM Precinct .22.69 0 0.00, VBM 2269 652 28,74% Total 2269 838 36.93 0409089 Polling, 1744 118 6.77°°t VBM Precinct 1744 0 0,00%i VBM 1744 516 2959% Total 1744 634 6.5 0610901 Polling 2 0 0.000/ Precinct 22 1 5[[0`'}�,00`��' '(VBM BMi , 01D/ /0 Total 2 1�5 0.000,/ 0610902 M iR OF VOTERS Date: 111/22/13 2013 Time: J • UNIFORM DISTRICT ELECTION - NOVEMBER 5, . . OFFICIAL FINAL STATEMENT CAST City of +/ Rafael TURN OUT Reg. Voters Cards Cast % Turnout Polling 222 3 1.350/. VBM Precinct 222 91 40.99% VBM .222 0 0.00% Total 222 94 34% 4234% 0610903 Palling 87 0 0.00% VBM Precinct 87 44 50.57% VBM 87 0 0.00% Total 87 44 50.57% 0610904 Polling, 4 0 0,00% VBM Precinct 4 0 0.00%0 VBM 4 0 0.00% Total 4 0 0,00% 0610905 Polling 0 0 VBM Precinct 0 0 VBM 0 0 Total 0 0 0610906 Polling 3 0 0.00% VBM Precinct 3 3 100.00% VBM 3 0 0.00% Total 3 3 100.00% 0620903 Polling 34 0 0,00% VBM Precinct 34 9 26.47% VBM 34 0 0.00% Total 34 9 26.47% Total Polling 28765 2488 8.65°% VBM 28765 9414 32.73% VBM Precinct 28765 148 0,51% Total 28765 12050 41.89% MARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/13 UNIFORM DISTRICT ELECTION - NOVEMBER P' 4 • OFFICIAL FINAL STATEMENT CAST City of ! Rafael CITY OF SAN RAFAEL-Member, City Council Reg, Voters Times Counted Total Votes RANDY WARREN KATE COLIN MARIBPTH BUSHPY LANG Jurisdiction Wide 0109019 Polling 1566 177 294 57 19.39%0 104 35.37%0 59 20,07% VBM Precinct 1566 0 0 0 - 0 - 0 - VBM 1566 562 879 170 1934%0 296 33.67%0 208 23.66%0 Total 1.566 7.39 1173 227 19,35% 400 34.10%0 267 22,76%0 0109029 Polling 1473 162 273 45 16.48% 94 34.43%0 67 24.54%0 VBM Precinct 1473 0 0 0 - 0 - 0 - VBM 1473 468 732 121 16,53% 250 34.15% 181 24.73% Total 1473 630 1005 166 16,52% 344 34,23% 248 24,68% 0109039 Polling 1383 124 198 40 20.20% 64 32.32% 51 25.76%0 VBM Precinct 1383 0 0 0 - 0 - 0 - VBM 1383 560 863 211 24.45% 278 32,21% 194 22.48% Total 1383 684 1061 251 2166414 342 32.23% 245 23.09% 0109049 Polling 881 94 143 40 27.97% 48 33,57% 23 16.08% VBM Precinct 881 0 0 0 - 0 - 0 - VBM 881 311 476 99 20.80%0 161 3182% 116 24,37% Total 881 405 619 139 2146%0 209 33.76% 139 .22.46%0 0109059 Polling 1479 117 196 27 13,78% 52 26.53% 39 19.90%0 VBM Precinct 1479 0 0 0 - 0 - 0 - VBM 1479 443 637 98 1538% 200 31.40% 140 21.98% Total 1479 560 833 125 15-01% 252 30,25% 179 21,49% 0109069 Polling 789 45 75 30 40M% 27 36.00% 7 9.33% VBM Precinct 789 0 0 0 - 0 - 0 - VBM 789 273 423 121 28.61% 140 33.10% 90 21.28% Total 789 318 498 151 30.324/0 167 33.534/0 97 19,48% 0109079 Polling 558 13 16 3 18.75% 6 37.50% 4 25.00%0 VBM Precinct 558 0 0 0 - 0 - 0 - VBM 558 110 141 16 11.35% 57 40.43% 40 2.8.37%0 Total 558 123 157 19 12.10% 63 40.1.x° � 44 28.03410 0109080 Polling 1022 71 106 22 20.75% 38 35,85% 29 27.36410 VBM Precinct 1022 0 0 0 - 0 - 0 - VBM 1022 406 617 140 22,69% .211 34.20% 134 21,72% Total 1022 477 723 162 22.41% 249 34,44% 163 22,544x'0 0109089 Polling 1486 170 283 27 9,54% 96 33,92-% 87 30.74% VBM Precinct 1486 0 0 0 - 0 - 0 - VBM 1486 476 762 99 12.99% 30.3 39.76% 191 25.07%4 Total 1486 646 1045 126 12.06% ,3)99 38.18% 278 26,60% 0109099 Polling 1381 143 248 30 12.10% 80 32.26% 56 22.58% VBM Precinct 1381 0 0 0 - 0 - 0 - VBM 1381 450 707 97 13.72% 248 35,08% 166 2.3.48% Total 1381 5 9 955 127 13,30%0 328 34.35% 222 23.25% 0109109 Polling 1559 112 186 30 16,13% 7 40.32% 34 18.280 VBM Precinct 1559 0 0 0 - 0 - 0 - VBM 1X59 479 769 122. 15.86% 286 37.19% 189 24.5810 Total 1559 591 955 152 15.92% 361 37,80 223 23.35%0 0109119 Polling 1472 97 157 36 22.93% 42 26-75% 37 2.x,57%0 VBM Precinct 1472 0 0 0 - 0 - 0 - VBM 1472 369 557 86 15,44% 192 34.470 123 22,08% Total 1472 466 714 122 17.09%0 234 32.77' 160 22. 4 MARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/13 UNIFORM DISTRICT ELECTION - NOVEMBER 5, 2013 Time: 13 -14:59 Page:5 of 9 OFFICIAL FINAL STATEMENT OF VOTES CAST City of San Rafael CITY OF SAN RAFAEL-Member, City Council Reg, Voters Times Counted Total Votes RANDY WARREN KATE COLIN MARIBETH BU HEY I I I I I LANG 0109129 Polling 590 50 82 16 19,51 % 30 336.59% 18 21,95% VBM Precinct 590 0 0 0 - 0 - 0 - VBM 590 151 232 67 28,88% 78 3162% 46 19,83% Total 590 201 314 83 26,43% 108 34.39% 64 2038% 0109130 Polling 595 63 102 24 23.53% 27 26,47% 26 25.49% VBM Precinct 595 0 0 0 - 0 - 0 - VBM 595 281 466 99 21,24% 171 36.70% 120 25.75% Total 595 344 568 123 21.65% 198 34.86% 146 25,70% 0109139 Polling 1.360 121 212 48 22,64% 65 30.66% 50 23,58% VBM Precinct 1360 0 0 0 - 0 - 0 - VBM 1360 576 914 158 17.29% 316 34.57% 254 27.79% Total 1360 697 1126 206 18.29% 381 33,84% 304 27,00% 0109149 Polling 1443 152 262 53 20.23% 89 3197% 72 2748% VBM Precinct 1443 0 0 0 - 0 - 0 - VBM 1443 544 883 151 17.10% 307 34.77% 253 28.65% Total 1443 696 1145 204 17.82% 396 34.59% 325 28,38% 0109159 Polling 1445 107 170 27 15.88% 52 30-59% 38 22,35% VBM Precinct 1445 0 0 0 - 0 - 0 - VBM 1445 458 734 98 13,35% 281 38.28% 191 26.02% Total 1445 565 904 125 13,83% 333 36.84% 229 25,33% 0109340 Polling 796 87 151 19 12,58% 56 37-09% 40 2.6.49% VBM Precinct 796 0 0 0 - 0 - 0 VBM 796 266 407 60 14,74% 149 36,61% 115 28.26/ Total 796 353 558 79 14.16% 205 36,74% 155 27,78% 0109360 Polling 853 67 114 20 17,54% 40 35-09% 40 35.09% VBM Precinct 853 0 0 0 - 0 - 0 - VBM 853 361 584 94 16,10% 206 35,27% 172 29.45% Total 853 428 698 114 16,33% 246 35.24% 112 30,37% 0109400 Polling 793 83 140 26 18,57% 43 3071% 33 23-57% VBM Precinct 793 0 0 0 - 0 - 0 - VBM 793 288 465 58 12,47% 167 35,91% 127 27.31 % Total 793 371 605 84 13,88% 210 34.71% 160 26,45% 0209149 Polling 1476 126 218 23 10-55% 74 33.94% 48 22,02% VBM Precinct 1476 0 0 0 - 0 - 0 - VBM 1476 414 653 90 1178% 211 32,31% 140 21,44% Total 1476 540 871 113 12.97° 285 32,72% 188 21,58% 0209159 Polling 2269 186 317 38 11,99% 107 3175% 71 12 .40% VBM Precinct 2269 0 0 0 - 0 - 0 - — VBM 2269 652 1010 137 133, 56%0 373 36,93% 262 25.94%0 Total 2269 838 1327 175 13.19% 480 336,17% 333 X5.09%0 0409089 Polling 1744 118 194 34 17,53% 67 34,540 36 18,56% VBM Precinct 1 1744 0 0 0 - 0 - 0 - VBM 1 74 4 516 825 136 16,48% 266 32,24% _'4 '1-23 77,03% Total 1744 634 1019 170 16.68% 333 _32-68% 259 25,42% 0610901 Polling 1 2 0 0 0 - 0 - 0 - VBM Precinct 1 2 0 0.000,x'0 0 0.00% 1 50,00% VBM 0 0 0 - 0 - 0 - Total 1 2 0 0-00% 0 0,00% 1 50.00% 0610902 Total MARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/13 9 i b 13:14:59 I, l v o UNIFORM DISTRICT ELECTION - NOVEMBER 5 2013Time: Page:6 of 9 OFFICIAL FINAL, STATEMENT OF VOTES CAST Total City of San Rafael CITY OF SAN RAFAEL-Member, City Council Reg. Voters Times Counted Total Votes RANDY WARREN KATE COLIN MARIBETH BUSHEY LANG Polling 222 3 4 1 25.000 0 2 50.00% 0 0.000 0 VBM Precinct 22.2 91 135 57 42,22% 40 29,630.r`o 22 16.30010 VBM 222 0 0 0 - 0 - 0 - Total 222 94 139 58 41,73% 42 30.22% 22 15.83% 0610903 2876.5 Polling 87 0 0 0 - 0 - 0 - VBM Precinct 87 44 70 6 8.57% 26 37.140,x'0 22 31.43% VBM 87 0 0 0 - 0 - 0 - Total 87 44 70 6 8.57010 26 37.14% 22 31.43% 0610904 66 29.60% Polling 4 0 0 0 - 0 - 0 - VBM Precinct 4 0 0 0 - 0 - 0 - VBM 4 0 0 0 - 0 - 0 - Totl 4 0 0 0 - 0 - 0 - 0610905 4688 24.54% Polling 0 0 0 0 - 0 - 0 - VBM Precinct 0 0 0 0 - 0 - 0 - VBM 0 0 0 0 -0 - 0 - Total 0 0 0 0 - 0 - 0610906 Polling 3 0 0 0 - 0 - 0 - VBM Precinct 3 3 0 0 - 0 - 0 - VBM 3 0 0 0 - 0 - 0 - Tota l 3 3 0 0 - 0 0 0620903 Polling 34 0 0 0 - 0 - 0 - VBM Precinct 34 9 16 3 18.75% 4 25,00% 3 18,7501 VBM 34 0 0 0 - 0 - 0 - Total 34 9 i b I, l v o 4 . UUv/o . f Total Polling 28765 2488 4141 716 17.29% 1378 33.28% 965 2.3.30% VBM 2876.5 9414 14736 2528 17.16% 5147 34.93% 3675 24.94010 VBM Precinct 28765 148 223 66 29.60% 70 31.39% 48 21.52% Total 28765 12050 19100 3310 17.3300 6595 34.53% 4688 24.54% MARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/13 4:59 UNIFORM DISTRICT ELECTION - NOVEMBER 5, 2013 Time: 13:1 Page:7 of 9 OFFICIAL FINAL STATEMENT OF VOTES CAST City of San Rafael ICITY OF SAN RAFAEL-Member, City Councill Jurisdiction Wide 0109019 Polling 74 25,17% 0 0.00% VBM Precinct 0 - 0 - VBM 204 2121% 1 0,11% Total 278 23.70% 1 0,09% 0109029 Polling 66 24,18% 1 0.37% VBM Precinct 0 - 0 - VBM 180 24,59% 0 0.00% Total 246 2448% 1 0.10% 0109039 Polling 43 21,72% 0 0,00% VBM Precinct 0 - 0 - VBM 180 20.86% 0 0,00% Total 223 21.02%0 0 0,00% 0109049 Polling 30 20,98% 2 1,40% VBM Precinct 0 - 0 - VB 100 21.01 % 0 0.00% Total 130 21,00% 2 032% 0109059 Polling 78 39.80% 0 0.00% VBM Precinct 0 - 0 - VBM 197 30,93% 2 031% Total 275 33,01% 2 0,24% 0109069 Polling 11 14,67% 0 0.00% VBM Precinct 0 - 0 - VB 70 16,55% 2 0.47% Total 81 16,27% 2 0.40%© 0109079 Polling 3 18.75% 0 0,00% VBM Precinct 0 - 0 - VBM 28 19.86% 0 0.00% Total 31 19.75% 0 0,00% 0109080 Polling 17 16.04% 0 0.00% VBM Precinct 0 - 0 - VBM 132 21.39% 0 0.00% Total 149 20.61% 0 0,00% 0109089 Polling 73 25.80% 0 0.00% VBM Precinct 0 - 0 - VBM 166 21,78% 3 039% Total 239 22.87% 3 0.29% 0109099 Polling 82 33.06% 0 0.00% VBM Precinct 0 - 0 - VBM 196 27.72 % 0 0,00% Total 278 29.1 1% 0 0,000/C 0109109 Polling 46 24.7113% 1 0,54% VBM Precinct 0 - 0 - VBM 170 22.11 % 2 0,26% Total 216 2162% 3 0.31 11/c. 0109119 Polling 42 26,75% 0 0,00% VBM Precinct l 0 - 0 - VBM 154 27,65% 2 0.36% Total 196 27.45% 2 0,28% MARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/13 UNIFORM DISTRICT ELECTION - NOVEMBER 5 2013 i • t I . i of OFFICIAL FINAL STATEMENT CAST City of San Rafael ICITY OF SAN 1 0109129 Polling VBM Precinct VBM Total 0109130 Polling VBM Precinct VBM Total 0109139 Polling VBM Precinct VBM 18 0 41 59 25 0 76 101 47 0 186 21.95% - 17,67% 18.79% 24.51% - 16.31% 17.78% 22.17% - 20.35% 0 0 0 0 0 0 0 0 2 0 0 0.00% 0.00% 0.00% 0.00% 0,00% 0.00% 0.94% 0,00% Total 233 20.69% 2 0.18% 0109149 Polling 47 17.94% 1 0.38% VBM Precinct 0 - 0 VBM 168 19.03% 4 0.45% Total 215 18.78% 5 0.44% 0109159 Polling 53 31.18% 0 0,00% VBM Precinct 0 - 0 VBM 160 21.80% 4 0.54% Total 213 23.56% 4 0.44% 0109340 Polling 36 23.84% 0 0.00% VBM Precinct 0 - 0 VBM 82 20.15% 1 0.25% Total 118 21.15% 1 0.18°l 0109360 Polling 12 10,53% 2 1.75%4 VBM Precinct 0 - 0 VBM 110 18.84% 2 0.34% Total 122 17.48% 4 0.57%0 0109400 Palling 38 27.14% 0 0.00% VBM Precinct 0 - 0 VBM 111 23.87% 2 0.43% Total 149 24.63% 2 033% 0209149 Polling 73 33.49% 0 0.00% VBM Precinct 0 - 0 VBM 209 32.01% 3 0.46% Total 282 32.38% 3 0.34% 0209159 Polling 99 31.23% 2 0.63% VBM Precinct 0 - 0 VBM 234 23.17% 4 0.40% Total 333 25.09% 6 0.45% 0409089 Polling 57 29.38% 0 0.0011/, VBM Precinct 0 - 0 VBM 194 23,52% 6 0.73, Total 251 24.63 6 0,59 0610901 Polling 0 - 0 -, V B 11 Precinct 1 50.003 0 0.00% VBM - 0 - Total 1 50,00% 0 0,00% i 0610902 MARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/1 UNIFORM DISTRICT ELECTION - NOVEMBER 5 2013 Time: 13:14:57! as OFFICIAL FINAL STATEMENT CAST City of M Rafael CITY OF SAN RAFAEL-Member, City Council NOMERMINM Polling VBM Precinct VBM Total 0610903 Polling VBM Precinct VBM 1 16 0 17 0 16 0 25.00% 1 1.85% - 12.23% - 22.86% - 0 0 0 0 0 0 0 0,00% 0.00% 0.00% 0.00% Total 16 22.86% 0 0.00% 0610904 Polling 0 - 0 VBM Precinct 0 - 0 VBM 0 - 0 Total 0 - 0 0610905 Polling 0 - 0 VBM Precinct 0 - 0 VBM 0 - 0 Total 0 - 0 0610906 Polling 0 - 0 VBM Precinct 0 - 0 VBM 0 - 0 Total 0 - 0 0620903 Polling 0 - 0 VBM Precinct 6 37.50% 0 0,00% VBM 0 - 0 "Total 6 3T50% 0 0.00% Total Polling 1071 25.86% 11 0.27% VBM 3348 22.72% 38 0.26% VBM Precinct 39 17.49% 0 0.00% Total 4458 23.34% 49 0.26%0 RIN COUNTY REGISTRAR OF VOTER Date: 11/22/13 NOVEMBER 01 IFS DISTRICT ELECTION V Time: 13t 13:24:59 Page: of 6 OFFICIAL FINAL STATEMENT OF VOTES CAST Measure E - Citv of San Rafael Reg, Voters Cards Cast Turnout Jurisdiction Wide 0109019 Polling 1566 177 11. 300/c VBM Precinct 1566 0 0.00°/c VBM 1566 562 35.89%c Total 1566 739 47,19°1c 0109029 Polling 1473 162 1 1.00°/c VBM Precinct 1473 0 0.0001( VBM 1473 468 31.77°/c Tota} 1473 630 42.77°lc 0109039 Polling 1383 124 8,970/( VBM Precinct 138.3 0 0,000/( VBM 1383 560 40.490/( Total 1383 684 49.46c/( 0109049 Polling 881 94 10,670/( VBM Precinct 881 0 0.000/( VBM 881 311 35.300/( Tota} 881 405 45,97"/( 0109059 Polling 1479 117 7.910/( VBM Precinct 1479 0 0.000/( VBM 1479 443 29,95ON Tota} 1479 560 37.860/( 0109069 Polling 789 45 5.70°/( VBM Precinct 789 0 0.00"/( VBM 789 273 34.60°1 Tota} 789 318 40,300/( 0109079 Polling 558 13 2,33°l VBM Precinct 558 0 0.000/( VBM 558 110 19.71 % Total 558 123 22.040/( 0109080 Polling 102.2 71 6,950/( VBM Precinct 1022 0 0,000/( VBM 1022 406 39.73ON Total 1022 477 46.670/( 0109089 Polling 1486 170 11.44(/1( VBM Precinct 1486 0 0,000/( VBM 1486 476 32,030/( Total 1486 646 43.470'/( 0109099 Polling 1381 143 10.35/( VBM Precinct 1381 0 0.0000'( VBM 1381 450 32.5900 Total 1381 593 42.940'/( 0109109 Polling 1559 112 7,18( VBM Precinct 1559 0 0,000; VBM 1559 479 30,720/( Total 1 1559 591 37,910/( 0109119 Polling 1472. 97 6,590/( VBM Precinct 1472 0 0.0094 VBM 1472 369 25,070/( Total 1472 466 31.6601% TMARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/131 UNIFORM DISTRICT ELECTION - NOVEMBER 5 2013 ime: ar OFFICIAL FINAL STATEMENT OF VOTES CASTi Measure E - City of San Reg, Voters Cards Cast % Turnout 0109129 Polling 590 50 8,47°l VBM Precinct 590 0 0.00% VBM 590 151 .25.59% Total 590 201 34.07% 0109130 Pulling 595 63 10.59% VBM Precinct 595 0 0.00% VBM 59.5 281 47.23% Total 595 344 57.82% 0109139 Polling 1360 121 8.90% VBM Precinct 1360 0 0,0 % VBM 1360 576 42.35% Total 1360 697 51.2 % 0109149 Polling 1443 152 10.53% VBM Precinct 1443 0 0,00% VBM 1443 544 37.70% Total 1443 696 48.23% 0109159 Polling 1445 107 7,40% VBM Precinct 1445 0 0.00% VBM 1445 458 31.70% Total 1445 565 39.10% 0109340 Polling 796 87 10,93% VBM Precinct 796 0 0,00% VBM 796 266 33.42% Total 796 353 44,35% 0109360 Palling 85.3 67 7.85% VBM Precinct 853 0 0,00% VBM 853 361 42.32% Total 853 428 50.18% 0109400 Polling 793 83 10.47% VBM Precinct 793 0 0.00% VBM 793 288 36,32% Total 793 371 46.78°r 0209149 Polling 1476 126 8,54% VBM Precinct 1476 0 0.00° VBM 1476 414 28.05% Total 1476 540 36.59% 0209159 Polling 2269 186 8.20% VBM Precinct 2269 0 0.00% VBM 2269 652 28,74% Total 2269 838 36.93', 0409089 Polling 1744 118 6.77% V B M Precinct 1744 0 0.00 VBM 1744 516 29.59 Total 1744 634 36.35% 0610901 Polling, 2 0 0.00 V B 1 Precinct 2 1 50.00° VBM 2 0 0,00 `otal 2 1 50.00 0610902 i NIARIN COUNTY REGISTRAR OF VOTERS Late: 11/22/13 �1 UNIFORM DISTRICT ELECTION - NOVEMBER 5, Time: 13:24:5Pa e;3 of 9 OFFICIAL FINAL STATEMENT OF VOTES CAST Measure E - City of Saga Rafael Peg. Voters Cards Cast % Turnout Polling 222 3 1,35% VBM Precinct 222 91 40,99% VBM 222 0 0,0 % Total 222 94 42.34% 0610903 Polling 87 0 0.00% VBM Precinct 87 44 50.57% VBM 87 0 0.00% Total 87 44 50.57% 0610904 Polling 4 0 0.00% VBM Precinct 4 0 0,00% VBM 4 0 0.00% Total 4 0 0.00% 0610905 Polling 0 0 VBM Precinct 0 0 VBM 0 0 Total 0 0 - 0610906 Polling 3 0 0,00% VBM Precinct 3 3 100.00% VBM 3 0 0.0 % Total 3 3 100.00% 0620903 Polling 34 0 0.00% VBM Precinct 34 9 26.47% VBM 34 0 0.00% Total 34 9 26,47% Total Polling 28765 2488 8.65% VBM 2876.5 9414 32.73% VBM Precinct 28765 148 O,51% Total 28765 12050 41.89% MARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/13 UNIFORM Time: 13:24:59 DISTRICT NOVEMBER ! P, i of i OFFICIAL FINAL STATEMENT Measure City Rafael ` CITY OF SAN RAFAEL MEASURE Reg. Voters Times Counted Total Votes YES NO Jurisdiction Nide 0109019 Polling 1566 177 173 116 67.05%n 57 32.95% VBM Precinct 1566 0 0 0 - 0 - VBM 1566 562 558 357 63.98% 201 36,02% Total 1566 739 731 473 64,71% 258 35.29°/a 0109029 Polling 1473 162 157 106 67.52%a 51 32.48% VBM Precinct 1473 0 0 0 - 0 VBM 1473 468 457 311 68,05% 146 31.950/c Total 1473 630 614 417 67.92% 197 32.080/c 0109039 Polling 1383 124 121 85 70.25% 36 29.75% VBM Precinct 1383 0 0 0 - 0 VBM 1383 560 555 347 62.52% 208 37,48% Total 1383 684 676 432 63.91% 244 ,36.090/c 0109049 Palling 881 94 92 61 66.30% 31 33.70% VBM Precinct 881 0 0 0 - 0 VBM 881 311 309 187 60,52% 122 39,48% Total 881 405 401 248 61.85% 153 38.15% 0109059 Polling 1479 117 116 87 75.00% 29 25.00% VBM Precinct 1479 0 0 0 - 0 VBM 1479 443 430 307 71.40% 123 28.60% Total 1479 560 546 394 72.16% 152 27.840/ 0109069 Polling 789 45 43 22 51.16% 21 48.84% VBM Precinct 789 0 0 0 - 0 VBM 789 273 .268 161 60.07% 107 39.93°/( Total 789 318 311 183 58.84% 1.28 41,169/( 0109079 Polling 558 13 11 9 81,82% 2 18.18% VBM Precinct .558 0 0 0 - 0 VBM 558 110 107 80 74.77% 27 2.5,23% Total 558 123 118 89 75.42% 29 24 58 0109080 Pulling 1022 71 69 40 57.97%a 29 42,03% VBM Precinct 1022 0 0 0 0 VBM 1022 406 398 250 62.81 % 148 .37,19 Total 1022 477 467 290 6210% 177 37.90°/( 0109089 Palling 1486 170 170 123 72.35% 47 27,65°/( VBM Precinct 1486 0 0 0 m 0 a VBM 1486 476 468 325 69.44% 143 30.560/( Total 1486 646 638 448 70.22% 190 29.78% X 0109099 Palling 1381 143 141 97 68.79% 44 31.21 VBM Precinct 1381 0 0 0 - 0 VBM 1381 450 445 304 6831% 141 31.69#( Total 1381 593 586 401 68.43% 185 31.57% 0109109 Polling. 1559 112 110 70 63.64% 40 36.36% VBM Precinct 1559 0 0 0 - 0 VBM 1559 479 478 329 68.83% 149 31.17 /(, Total 1559 591 588 399 67.86% 189 32 14 0109119 Palling 1472 97 96 58 60,42% 38 39.58% VBA Precinct 1472 0 0 0 - 0 VBM 1472 369 366 271 74.04% 95 25.96% Total 14712- 466 462 329 71,21% 133 28.79 /( NIARIN COUNTY REGISTRAR OF VOTERS Date: 11/22/131 UNIFORM I S OFFICIALICT ELECTION - NOVEMBER 5 2013 Time: 13:24:59' FINAL STATEMENT Measure City of M Rafael i CITY OF SAN RAFAEL MEASURE E (Majority Vote Needed) Reg. Voters Times Counted Total Votes YES NO 0109129 Polling 590 50 50 30 60,00% 20 40.00% VBM Precinct 590 0 0 0 - 0 VBM 590 151 149 97 65,10% 52 34.90010 Total 590 201 199 127 63.82% 72 36.18% 0109130 Polling 595 63 59 40 67.80% 19 32.20010 VBM Precinct 595 0 0 0 - 0 VBM 595 281 276 195 70.65010 81 29.35010 Total 595 344 335 235 70.15% 100 29.8.5% 0109139 Polling 1360 121 121 76 62-81% 45 37.19% VBM Precinct 1360 0 0 0 - 0 VBM 1360 576 568 341 60.0401 227 39.96% Total 1360 697 689 417 60.52% 272 39,48% 0109149 Polling 1443 152 150 95 63.33010 55 36.67% VBM Precinct 1443 0 0 0 - 0 VBM 1443 544 537 316 58.85% 221 41.1.5% Total 1443 696 687 411 59,83% 276 "/o 40.17% 01091,59 Polling 1445 107 106 71 66.98010 35 33.02% VBM Precinct 1445 0 0 0 - 0 VBM 1445 4.58 455 314 69,01% 141 30.99% Total 1445 56.5 561 385 68.63% 176 31.37% 0109340 Polling 796 87 87 56 64.37% 31 35.63% VBM Precinct 796 0 0 0 - 0 VBM 796 266 264 159 60.23% 105 39,77010 Total 796 353 351 215 61.25% 136 38.75% 0109360 Polling 853 67 66 40 60.61010 26 39.39010 VBM Precinct 853 0 0 0 - 0 VBM 853 361 353 191 54.11010 162 45.89010 Total 853 428 419 2.31 55.13% 188 44.87% 0109400 Polling 793 83 82 44 53.66% 38 46.34% VBM Precinct 793 0 0 0 - 0 - VBM 793 288 286 190 66.43% 96 33.57% Total 793 371 368 234 63.59% 134 3641 % 0209149 Polling 1476 126 125 94 75,20% 31 24.80% VBM Precinct 1476 0 0 0 - 0 VBM 1476 414 410 276 67. 3 2% 134 32.68% Total 1476 540 535 370 69,16% 165 30.84010 0209159 Polling 2269 186 185 122 65,95% 63 34.05% VBM Precinct 2269 0 0 0 - 0 -� VBM 2269 652 649 4.35 67.030 214 32.97'0 Total 2269 838 834 557 66.79 277 33.21 0409089 Polling1744 1 18 1 17 74 63,25010 43 36 75i�� VBM Precinct 1744 0 0 0 y 0 -� VBM 1744 516 508 313 61.61 % 195 38.9' Total 1744 634 625 387 61,92% 238 38.080 0610901 Polling 2 0 0 0 - 0 - VBM Precinct 2 1 1 0 0.00% 1 100.00 00%! VBM i 2 0 0 0 - 0 Total i 2 1 1 0 0,00% 1 100.00%1 0610902 l REGISTRAR OF VOTERD«11/22/13 NOVEMBERUNIFORM DISTRICT ELECTION - 2013 « • ' of OFFICIAL FINAL Measure E - City of San Rafael CITY OF SAN RAFAEL MEASURE E (Majority Vete Needed) Reg, Voters I Tithes Counted I Total Votes I YES INO Polling 222 3 2 0 0.00% 2 100.00% VBM Precinct 222 91 88 52 59.09% 36 40,91% VBM 222 0 0 0 - 0 - Total 222 94 90 52 57.78% 38 42.22% 0610903 Polling 87 0 0 0 - 0 VBM Precinct 87 44 40 28 70.00% 12 30.00% VBM 87 0 0 0 - 0 - Total 87 44 40 28 70.00% 12 30.00% 0610904 Polling 4 0 0 0 - 0 VBM Precinct 4 0 0 0 - 0 VBM 4 0 0 0 - 0 Total 4 0 0 0 - 0 0610905 Polling 0 0 0 0 - 0 VBM Precinct 0 0 0 0 - 0 VBM 0 0 0 0 a 0 Total 0 0 0 0 - 0 - 0610906 Polling3 0 0 0 - 0 VBM Precinct 3 3 3 3 100.00% 0 0.00% VBM 3 0 0 0 - 0 - Tota1 3 3 3 3 100.00% 0 0.00% 0620903 Polling 34 0 0 0 - 0 VBM Precinct 34 9 8 5 62.50% 3 37.50% VBM 34 0 0 0 - 0 Total 34 9 8 5 62.50% 3 37.50% Total Polling 28765 2488 2449 1616 65.99% 833 34,01% VBM 28765 9414 9294 6056 65.16% 3238 4.84% VBM Precinct 28765 148 140 88 62.86% 52 3T 14% Total 28765 12.050 11883 7760 65.30% 4123 34.70% R Amm"Wow AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 3,19 OF THE SAN RAFAEL MUNICIPAL CODE EXTENDING AND INCREASING THE EXISTING TRANSACTIONS AND USE TAX ADMINISTERED BY THE STATE BOARD OF EQUALIZATION9 SUBJECT TO APPROVAL OF A MAJORITY OF THE ELECTORS VOTING ON THE TAX MEASURE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, The City Council of the City of San Rafael hereby makes the following findings in connection with the adoption of this Ordinance: WHEREAS, In 200 5., the San Rafael community voted in favor of Measure S, adding Chapter 3.19 to the San Rafael Municipal Code establishing a local transactions and use tax (i.e. sales tax) to protect vital city services from budget cuts; and WHEREAS, the City has used these funds for a number of purposes, including maintaining rapid emergency response times, adequate numbers of on -duty police officers and firefighters and many additional core City services; and WHEREAS, this one-half of one percent (0.5%) increase in our local sales tax accounts for approximately 12% of the City's General Fund budget, has been shielded from State appropriation, and has stayed in San Rafael to benefit local residents; and WHEREAS, given the fiscal challenges that all cities have faced in recent years, Measure S proved essential for protecting vital city services in San Rafael from budget cuts; and WHEREAS, since the 2008 Great Recession, the City has been critically evaluating its priorities and strategies for providing quality community services with new fiscal constraints. To increase efficiency and work on a leaner budget, the City has established new partnerships with other agencies to increase shared services, streamlined regulations to promote a positive business climate, cut over 60 staff positions, temporarily reduced compensation for most staff, reformed pensions, and scaled back employee retiree health benefits. The City will continue to analyze which services are a priority,, and the most cost-effective method of delivering these services,; and WHEREAS, Measure S funding is scheduled to expire, and if the City were to address this loss of local ly-contro I led funding with expenditure reductions alone it would have to consider cuts to police patrols, firefighters and emergency response,, street and sidewalk repair,, parks and community centers, and curtail access to libraries. Such cuts would be a last resort,-, however, police and fire account for more than half of San Rafael"s budget, and in order to address a deficit of the magnitude that would occur if Measure S funding were to expire, the City inevitably would be required to consider cuts to public safety; and 0 WHEREAS, even with the current sales tax in effect, there is not sufficient funding available for several key infrastructure needs such as seismic 'improvements for emergency dispatch as well as fire stations, information technology needs for improved service delivery, contributions to the City's emergency reserves, and other infrastructure needs identified as "unfunded" in the City's Five Year Capital Improvement Program; and WHEREAS, after study of the financial issues facing the City, and following numerous discussions with residents, neighborhood associations and business and service groups, and after extensive efforts to gauge the public's opinions and priorities through several surveys of San Rafael residents, the City Council has determined that the most prudent, reasonable and financially responsible action it can take to preserve the fiscal stability of San Rafael and to protect vital services and facilities in our City, is to place before the voters a ballot measure to extend the existing one-half of one percent (0.5%) transactions and use tax for a period of 20 years and increase the rate by one-quarter of one percent (0.25%), and to recommend its adoption to the voters; and WHEREAS, if the increased and extended transactions and use tax is approved by the voters at the municipal election on November 5, 2013, the existing tax would remain in effect until the operative date of the extended and increased tax. NOW THEREFORE, the City Council of the City of San Rafael does hereby Ordain as follows: Chapter 3.19 of the San Rafael Municipal Code is hereby amended to read as follows: Chapter 3.19 3.19.0 10 -- Short Title. This Chapter shall be known as the City of San Rafael Transactions and Use Tax Ordinance. This Chapter shall be applicable only in the incorporated territory of the City. tit a KUL= As used in this Chapter, "*City" means the City of San Rafael and '"tax" means the transactions and use tax imposed under the provisions of this Chapter. IN 3.19-020 -- Operative Date. "Operative Date" means the first day that the tax 'is imposed and collected. The Operative Date shall be April 1, 2014, unless a later Operative Date becomes effective under the provisions of Section 3.19.040. 3.1 9.030 -- Purpose. This Chapter is adopted to achieve the following, among other ' purposes, and the City Council directs that the provisions hereof be interpreted in order to accomplish those purposes. - A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 725 1) 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 this tax ordinance which shall be operative only if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose. B. To adopt a retail transactions and use tax ordinance that 'incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that may be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that may be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. 3.19.040 -- Contract With State. Prior to the Operative Date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided however, that if the City shall not have contracted with the State Board of Equalization prior to the Operative Date, it shall nevertheless so contract and in such a case the Operative Date shall be the first day of the first calendar quarter following the execution of such a contract. 3.19.050 -- Imposition of Transactions Tax; Transactions Tax Rate. 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 three-quarters of one percent (0.75%) 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 this ordinance. 3.19.060 -- Place of Transaction. For the purposes of this Chapter, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. 3.19.070 -- Imposition of Use Tax; Use Tax Rate. 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 this ordinance for storage, use or other consumption in said territory at the rate of three-quarters of one percent (0.75%) 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. 3.19.080 -- Proceeds of Tax. The proceeds of the transactions and use tax 'imposed by this Chapter shall be deposited into the General Fund of the City to be used for all general government purposes which may include, but are not limited to, fire and police protection, street and sidewalk repair and maintenance, library services, park repair and maintenance, recreational programs, building and code enforcement services, planning and zoning services, capital equipment requirements,, repair and replacement of City facilities, capital improvement projects, operational expenses, fiduciary responsi 'bilI'ties, administration, indebtedness and general obligations of the City. The tax imposed by this Chapter is intended to be and is, a general tax, the proceeds of which are to be spent as the City Council shall in its discretion, from time to time, determine. 3.19.090 -- Adoption of Provisions of State Law. Except as otherwise provided in this Chapter and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part I (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of thi's Chapter as though fully set forth herein. 3.19.100 -- Limitations onA00ption of State Law and Collection of Use Taxes. In adopting the provisions of Part I of Division 2 of the Revenue and Taxation Code: 91 A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefore. However, the substitution shall not be made: 1. When the word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California. 2. When the result of that substitution would require act -Ion to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization,, in performing the functions incident to the administration or operation of this Chapter. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part I of Division 2 of the Revenue and Taxation Code, or b. Impose this tax with respect to certain sales, storage, .use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation .Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. 3.19.110 -- Permit Not Required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. 3.19.120 -- Exemptions and Exclusions, A. There shall be excluded from the calculation of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county,, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: I . Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter I (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out -of -City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this ordinance. 4. A leaseof tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the Operative Date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this Chapter, the storage, use or *ther consumption in this City of tangible personal property: The gross receipts from the sale of which have been sub ect to a j transactions tax under any state -administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any exem pt'on is in addition to the exemptions provided in Sections 6366 foreign government. J is• 1 and 6366.1 of the Revenue and Taxation Code of the State of California, 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the Operative Date of this Chapter. 31 the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the Operative Date of this Chapter. 5. For the purposes of subparagraphs, (3) and (4) of this section, storage,, use, *r other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent,, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter I (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed 'in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 3.19.130 -- Amendments. All amendments subsequent to the effective date of this Chapter to Part I of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Chapter, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Chapter. 3,19.140 -- Enjoining Collection Forbidden. 0 No injunction or writ of mandate or other legal or equitable process shall issue in any W, fficer of the suit, action or proceeding in any court against the State or the City., or against anv o 4W, State or the City, to prevent or enjoin the collection under this Chapter, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. N 3.19-142 -- Annual Audit. The proceeds resulting from this Transactions and Use Tax shall be deposited 'Into the City's General Fund and become subject to the same independent annual audit requirements as other +r. fund revenue. 3.19.144 -- Independent Citizen Oversight. A City Transactions and Use Tax Committee, to be established by the City Council by Resolution, shall review the collection and expenditure of tax revenues collected under the authority of this Chapter. The Committee shall consist of at least five members, who shall be residents of the City. The terms of the Committee members and their specific duties shall be established by resolution of the City Council. 3.19.146 -- All Funds Staying Local. All tax revenues collected under the authority of this Chapter shall be expended solely on local municipal services, and shall not be used for any other purposes. 3.19.148 -- Effective Date. This ordinance levying the tax described herein shall be effective ten days after the date on which the City Council has declared that the voters of the City of San Rafael have approved said ordinance by a vote of no less than a majority of the votes cast by the electors voting on the tax measure set forth in this ordinance at the general municipal election to be held on Tuesday, November 5, 2013, and the tax established herein shall become operative on April 1, 2014 or on such later date as provided in Section 3.19.040. 3.19.150 -- Termination Date. The authority to levy the tax imposed by this Chapter shall expire on March 31, 2034, or at the end of twenty years from the Operative Date if the Operative Date is later than April 1, 2014 as provided in Section 3.19.040. If any section, subsection, sentence, clause or phrase of this Ordinance or the application 0 thereof to any person or circumstance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. This ordinance shall be published once in full before its final passage, in a newspaper of general circulation,, published and circulated in the City of Ian RA . 0 a ESTHER BEIRNE, City Clerk The foregoing Ordinance No. 1913 was read and 'Introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 15th day of July, 2013 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ;rm� vim= and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 5th day of August, 2013, subject to voter approval at the General Municipal Election to be held on Tuesday, November 5, 2013. ESTHER BEIRNE, City Clerk I F -WA I i 1 i i iNSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. City Clerk • RESOLUTION DECLARING 1 1 OF D RESULTS OF CONSOLIDATED GENE1 1L ELECTION HELD ON i ' 2013, TO INCLUDE RESULTS OF iMEASURE bSWEARING-IN CEREMONIES: The following to be sworn in by Esther Beirne, City Clerk: Rachel i Board Education it Natu Tuatagaloa, Board of Education Trustee Maribeth i` Lang, ` ` Kate Colin, Councilmember a Department `. •(signature[ *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL /AGENCY AGENDA ITEM: Cd ok4l'& City Manager (si6nature) NZIN APPROVED AS TO FORM: 4 City Attorney (signature)