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Home My WebLink AboutCC Resolution 11865 (Election Results 2005)RESOLUTION NO. 11865 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2005, TO INCLUDE RESULTS OF BALLOT MEASURE S - TRANSACTIONS AND USE TAX WHEREAS, in pursuance of law and the Charter of the City of San Rafael, there was held in said City on Tuesday, the 8th day of November, 2005, 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) BARBARA HELLER CYR MILLER 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 8th day of November, 2005, 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 full term of four years each, and will be sworn in on Monday, December 5, 2005; FOR TRUSTEES, SAN RAFAEL BOARD OF EDUCATION: JON LOBERG NATU TUATAGALOA WHEREAS, the following measure was submitted to the electors of the City of San Rafael at the consolidated municipal election held on Tuesday, November 8, 2005: MEASURE S — TRANSACTIONS AND USE TAX To prevent further cuts and preserve funding for general city services, including maintaining the number of on -duty firefighters and police officers on patrol, preventing the closure of fire stations and community centers, repairing city streets and maintaining library service hours, shall the City of San Rafael adopt an ordinance enacting a one-half of one percent transactions (sales) and use tax, automatically expiring in ten years, with independent oversight and annual audits? l96 WHEREAS, said consolidated general municipal election was held on Tuesday, November 8, 2005, in accordance with law and the votes thereat received and canvassed, and the returns thereof ascertained, determined and declared in all respects as required by law; NOW, THEREFORE, BE IT 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 on the minutes of the Council as a statement of the results of said election. 2. That the whole number of votes cast at said election was 18,307 votes. That the total number of votes cast for municipal offices at said election in said City was 18,307. 3. That the names of the persons voted for and the respective offices to be filled, for which ballots were cast, and the number of votes given in each precinct and by absentee votes to each of said persons was as detailed in Exhibit A, attached. 4. That at said consolidated general municipal election the following named persons received the largest number of votes for the following offices, respectively, and were, therefore, duly elected to the respective office for which they were respective candidates, and each of said persons having received the largest number of votes cast for any person for such office is hereby declared to be fully and regularly elected to such office, respectively for the term commencing December 5, 2005, and the City Clerk is hereby directed to issue a Certificate of Election to each of said persons, certifying his/her election to the office appearing after his/her name, and to administer or direct administration to each of said persons the oath of office prescribed by the Constitution and laws of the State of California and the Charter of said City, to wit: Barbara Heller Councilmember Cyr Miller Councilmember 5. That the following assume office by Operation of Law, and will be sworn in on December 5, 2005. Jon Loberg Trustee, San Rafael Board of Education Natu Tuatagaloa Trustee, San Rafael Board of Education 6. That all absentee voters' ballots have been duly received and canvassed in time, form and manner as required by law. 2 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 S; 2. That the whole number of votes cast at said election was 18,307 votes; 3. That more than a majority of all the votes cast on said Measure S were in favor of said Measure (per Exhibit "A", attached) and said Measure carried; and 4. That all absentee voters' ballots have been duly received and canvassed in time, form and manner as required by law. 5. That, accordingly, the City Council hereby declares, that the voters of the City of San Rafael have approved Ordinance No. 1837, attached as Exhibit `B", by a majority of the votes cast by the electors voting on Measure S at the consolidated general municipal election held Tuesday, November 8, 2005, and the City Council further declares that Ordinance No. 1837 levying a Transactions and Use Tax is hereby effective on December 15, 2005, 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 imposed and collected, is April 1, 2006 (SRMC section 3.19.020). I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on Monday, the 5th day of December, 2005 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEONCINI, City Clerk word\city clerk work\agenda related\canvass of returns reso 05 3 IIUV .Ju u.J 1L. lur, EXHIBIT "A" CERTIFICATE OF CANVASS OF VOTE I, MICHAEL J. SMITH, County Clerk/Registrar of Voters, County of Marin, State of California, do hereby certify that on November 29, 2005, 1 canvassed the vote cast at the Special Statewide Election held on November 8, 2005, and the results of said canvass are as follows: (See Attached) IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the 29th day of November, 2005. SEAL MICHAEL J. SMITH County Clerk/Registrar of Voters Ill.! V OU U..1 1 G. lap V - G Statement of Votes Cast Date: 11130/05 Special Statewide Consolidated Election rt Page: 1 of 6 SOVC For *511 0 City Of San Rafael, All Counters, City of San Rafael TURN OUT City of San Rafael Reg.Cards % Reg. Vote for Times ITotal IBARBARA CYR MILLER Voters Cost Turnout Voters Counted Votes HELLER Jurisdiction Wide 0001001 Polling 946 266 28.12% 946 2 266 286 148 51.75% 138 48.25% Absentee 946 372 39.32% 946 2 372 458 220 48.03% 229 50.000% Total 946 638 67.44% 946 4 638 744 368 49.46% 367 49334 0001002 Polling 965 312 32.33% 965 2 312 342 175 51.17% 164 47 951 Absentee 965 308 31.92°/ 965 2 308 357 175 39.02% 177 49.58% Total 965 620 64.254. 965 4 620 699 350 50.07% 341 48.78% 0001003 Polling 987 267 2705% 987 2 267 292 159 54.45% 132 45.21"%u Absentee 987 339 34.35"/ 987 2 339 424 207 48.82% 208 49.06°/ Total 987 606 61.40% 987 4 606 716 366 51 12% 340 4749% 0001004 Polling 913 280 30.67% 913 2 280 303 152 50.17% 148 48.84% Absentee 913 342 37.46% 913 2 342 446 222 49.789/1, 211 47.31% Total 913 622 68.13% 913 4 622 749 374 49.93% 359 47.93% 0001005 Polling 1003 249 24.83% 1003 2 249 291 144 49.48% 138 47.42°/ Absentee 1003 414 41.28°%. 1003 2 414 461 230 49.89% 226 49.02% Total 1003 663 66.10%. 1003 4 663 752 374 49.73% 364 48.40°/ 0001006 Polling 876 282 32.19°/n 876 2 282 302 152 50.33% 149 49.34% Absentee 876 359 40.99% 876 2 359 430 220 51.16% 206 47.91% Total 876 641 73.17% 876 4 641 732 372 50.82% 355 48.50% 0001007 Polling 937 329 35.11% 937 2 329 341 176 51.61% 163 47.80% Absentee 937 359 38.31% 937 2 359 433 212 48.96% 211 48.73% Total 937 688 73.43% 937 4 688 774 388 50.134,. 374 48.32°/ 0001008 Polling 950 287 30.11°h 950 2 287 325 167 51.38"%%, 155 47.69% Absentee 950 377 39.68'% 950 2 377 492 245 50.83% 230 47.721% Total 950 664 69.89% 950 4 664 807 412 51.05911, 385 47.71% 0001009 Polling 936 291 31.09% 936 2 291 317 164 51.74% 145 45.74% Absentee 936 363 38.78% 936 2 363 441 220 49.89% 215 48.75% Total 936 654 69.87% 936 4 654 758 384 50.66% 360 47.49°%. 0001010 Polling 958 278 29.02% 958 2 278 340 173 51.47% 162 47.65% Absentee 958 433 45.20%. 958 2 433 541 267 49.351% 271 50.09% Total 958 711 74.22W 958 4 711 881 442 50.17% 433 49.15% 0001011 Pulling 2 1 50.00'% 2 2 1 2 1 50.00% 1 50.00% Absentee 2 0 0.00%1 2 2 0 0 0 0 Total 2 1 50.00°/01 2 4 1 2 l 50.00% 1 50.00% 0001U12 Polling 960 257 26.771r 960 2 257 293 165 56.31% 127 43.34%° Absentee 960 316 32.92%! 960 2 316 394 209 53.05% 184 46.70% Total 960 573 59.69%I 960 4 573 687 374 54.44% 311 45.27% 0001100 I Polling 645 234 36.28%. 645 2 234 254 114 44.88% 131 51.57% Absentee 645 188 29.15%! 645 2 188 230 98 42.61% 122 53.04°/ Total 645 422 65.43°.'0: 645 4 422 484 212 43.80% 253 52.27% 0001101 Polling 496 157 31.65°/ 496 2 157 161 89 55.28% 69 42.86ui Absentee 496 161 32.46% 496 2 161 179 89 49.72514 88 49.16 Total 496 318 64.11°/.% 496 4 318 340 178 52.35% 157 46.18°/ 0001102 j Polling 947 330 34.85°/ 947 2 330 366 196 53.55% 165 45.08 Absenlec 947 336 35.48°/ 947 2 336 386 197 51.04% 197 48.45u/ Statement of Votes Cast Date: 11/30/05 Special Statewide Consolidated Election Tt Pa0e:2 of SOVC For *5110 City Of San Rafael, All Counters, City of San Rafael TURN OUT City of San Rafael Reg. Cards % Rep. Vote For Times Total BARBARA CYRMILLER Voters Cast Turnout Voters Counted Votes HELLER total 947 666 70.33% 947 666 752 393 52.26% 352 46.81% 0001103 Polling 976 373 39.22% 976 2 373 432 218 50.46"1. 200 46.30n Absentee 976 361 36.99% 976 2 361 426 213 50.00% 206 48.36"/0, Total 976 734 75.20% 976 4 734 858 431 50.23% 406 47.32"/ 0001106 Polling 653 163 24.96% 653 2 163 162 93 57.41'% 66 40.74"/. Absentee 653 166 25.73"/yy 653 2 168 180 95 52.78% 83 46.11"/0 Total 653 331 50.69%" 653 4 331 342 188 54.97% 149 43.57% 0001107 Polling 806 239 29.65'% 806 2 239 258 133 51.55% 114 44.19% Absentee 806 255 31.64% 806 2 255 290 149 51.38% 139 47.93% Total 806 494 6129% 806 4 494 548 282 51.46^/ 253 4617% 0001110 Polling 399 114 28.57% 399 2 114 150 74 49.33'%" 76 50.67% Absentee 399 205 51.38% 399 2 205 286 138 48.25'% 148 51.75"/ Total 399 319 79.95% 399 4 319 436 212 48.62% 224 51.38" 0001112 Polling 511 110 21.53% 511 2 110 120 69 57.50% 51 42.50% Absentee 511 113 22.11% 511 2 113 119 62 52.10% 56 47.06"/ Total 511 223 43.64% 511 4 223 239 131 54.81% 107 44.77"/ 0001113 Polling 919 261 28.40% 919 2 261 304 158 51.979/. 145 47.70% Absentee 919 392 42.66%i, 919 2 392 490 239 48.78% 246 50.20% Total 919 653 71.06: 919 4 653 794 397 50.001/. 391 49.24%" 0001114 Polling 672 115 17.11% 672 2 115 128 70 54.69% 57 44.53% Absentee 672 315 46.88%, 672 2 315 381 194 50.92% 185 48.56% Total 672 430 63.99"/c 672 4 430 509 264 51.87% 242 47.54% 0001121 Polling 953 313 32.84'%" 953 2 313 373 190 50.94% 182 48.79% Absentee 953 335 35.15% 953 2 335 383 195 50.91% 185 48.30% Total 953 648 68.00% 953 4 648 756 385 50.93"/. 367 48.54% 0001124 Polling 795 240 30.19% 795 2 240 247 137 55.47% 108 43.72% Absentee 795 308 38.74% 795 2 308 372 186 50.00% 179 48.12% Total 795 548 68.93% 795 4 548 619 323 52.18% 287 46.37"1 0001125 Polling 619 203 32.79% 619 2 203 230 120 52.17"/, 110 47.83% Absentee 619 203 32.79% 619 2 203 250 128 51.20"/. 121 48.40% Total 619 406 65.59146 619 4 406 480 248 51.67% 231 48.13% 0001126 Polling 473 149 31.50% 473 2 149 158 80 50.63% 74 46.84% Absentee 473 145 30.669 473 2 145 166 80 48.19% 84 50.60'% Total 473 294 6216% 473 4 294 324 160 49.38'%. 158 48.77"/ 0001210 Polling 979 264 26.97% 979 2 264 287 146 50.87'%" 138 48.09 Absentee 979 446 45.56% 979 2 446 508 269 52.95% 237 46.65% Total 979 710 72.52% 979 4 710 795 415 52.20% 375 47.17% 0001211 Polling 829 245 29.55% 829 2 245 271 136 50.1 B% 135 49.82° Absentee 829 363 33.79% 829 2 363 424 212 50.00% 203 47.88% Total 829 608 73.34% 829 4 608 695 348 50.07'%. 338 48.63"1 000200► Polling 882 302 34.24"/. 882 2 302 299 153 51.17% 140 46.82% Absentee 882 258 29 25%q 882 2 258 305 155 50.62'%. 145 47.54"/ Total 882 560 63.49"/. 882 4 560 604 308 50.99% 285 47.19"/ 0002002 Polling 941 274 29.129% 941 2 274 291 158 54.30'%. 131 45.02 Absentee 941 346 36.77% 941 2 346 381 186 48.82"A 186 48.82 % IlOv JU UZ3 1C: lZIp p.4 Statement of Votes Cast Date: 1 1/30/05 Special Statewide Consolidated Election Time:09:12:11 S 1� Pge:3 of 6 SOVC For *511 0 City Of San Rafael, All Counters, City of San Rafael TURN OUr City of San Rafael Vote For Times Re. -Cards BARBARA % Reg. CountedVotes Voters Cost J Turnout Voters Total 941 62 65.89/ 5 0002902 317 47.17°/ 2 180 Polling 599 180 30.05% 47.19 Absuntce 599 213 35.56% 50.85% Total 599 393 65.61% 414 0002907 51.21% 198 47.83% 2 Polling 681 228 33.48% ( Absentee 681 175 25.70% ( Total 681 403 59.18% ( 0002908 223 52.35% 199 46.710). Polling 759 279 36.76% i Absentee 759 188 24.77% i Total 759 467. 61.53% i 0004600 481 235 48.86% 224 Polling 759 216 28.46% i Absentee 759 178 23.45% i Total 759 394 51.91%� 44.75% 0004601 394 429 235 54.78% Polling 936 249 26.60% 5 Absentce 936 336 35.90% 5 Total 936 585 62.50% 5 Total 4 585 735 372 Polling 27662 8337 30.14% 27( Absentee 27662 9970 36.04% 27( Total 27662 18307 66.18%1 27( Vote For Times Total BARBARA CYR MILLER CountedVotes J HELLER 4 62 67 344 51.19% 317 47.17°/ 2 180 178 92 51.69% 84 47.19 2 213 236 120 50.85% 114 48.31°/ 4 393 414 212 51.21% 198 47.83% 2 228 224 116 51.79% 104 46.43% 2 175 202 107 52.97% 95 47.03% 4 403 426 223 52.35% 199 46.710). 2 279 277 145 52.35% 124 44.77:. 2 188 204 90 44.12% 100 49.021/. 4 467 481 235 48.86% 224 46.57 2 216 210 118 56.19% 89 42.38% 2 178 219 117 53.42% 98 44.75% 4 394 429 235 54.78% 187 43.59° 2 149 293 155 52.90% 133 45.39 2 336 442 217 49.10'% 221 50.00% 4 585 735 372 50.61% 354 48.16% 70 8337 9107 4738 52.03'%, 4248 46.65% 70 9970 11926 5963 50.00% 5796 48.60% 140 18307 21033 10701 50.88% 10044 47.75°d nov JU U5 id:iup P.:3 Statement of Votes Cast Date: 11/30/05 Timel Special pf Statewide Consolidated Election ag:4 o9:12:f 6 Page SOVC For x`511 0 Citv Of San Rafael, All Counters, City of San Rafael SAN RAFAEL - MEA S - Majority Reg. Vote For Times I Total YES NO Voters Counted ' Votes Jurisdiction elide 0001001 Polling 946 1 266 258 172 66.67% 86 33.33% Absentee 946 1 372 361 285 78.959. 76 21.05% Total 946 2 638 619 457 73.830%, 162 26.17'% 0001002 Palling 965 1 312 298 217 72.8235 81 27.18% Absentee 965 1 308 299 214 71.57% 85 28.43% Total 965 2 620 597 431 72.19% 166 27.81% 0001003 Polling 987 1 267 249 172 69.08°! 77 30.92% Absentee 987 1 339 318 227 71.389.. 91 28.62% I"otal 987 2 606 567 399 70.37':.. 168 29.63% 0001004 Polling 913 1 280 268 179 66.79°! 89 33.210 Absentee 913 1 342 335 237 70.75'so 98 29.259M Total 913 2 622 603 416 68.99% 187 31.01° 0001005 Polling 1003 1 249 236 143 60.59':1. 93 39.410 Absentee 1003 1 414 409 254 62.10%. 155 37.90°/ Total 1003 2 663 645 397 61.55%. 248 38X15°/ 0001006 Polling 876 1 282 273 185 67.77% 88 32.23 Absentee 876 1 359 357 244 GB.35% 113 31.65 Total 876 2 641 630 429 68.101,11. 201 3190°/ 0001007 Pullin& 937 1 329 321 241 75.08'%6 80 24.92°/ Absentee 937 1 359 353 256 72.52"16 97 27.48°i Tntal 937 2 688 674 497 73.74% 177 26.26°/ 0001008 Polling 950 1 287 278 194 09.7890 84 30.22°/ Absentee 950 1 377 368 248 67.39% 120 32.619' Total 950 2 664 646 442 68.42%6 204 31.58'% 0001009 [lolling 936 1 291 270 183 67.78% 87 32.22% Absentee 936 1 363 351 240 68.38% 111 31.629 Total 936 2 654 621 423 68.12'%. 198 31.88°1 0001010 Pulling 958 1 278 266 172 64.669M. 94 35.34% Abscntue 958 1 433 430 284 66.05% 146 33.95°/ 'I oral 958 2 711 696 456 65.52°/6 240 34.49° 0001011 Polling 2 1 1 1 1 100.0091. 0 0.00°/ Absentee 2 1 0 U 0 - l' Total 2 2 1 1 1 100.00'%. 0 0.001ya 0001012 Polling 960 1 257 244 171 70 OSIX. 73 29.92°16 Absentee 960 1 316 307 216 70.3 MI. 91 29.644' Tidal 960 2 573 551 367 70.24'%. 164 29.76% 0001100 Polling 645 1 234 224 165 73.661/. 59 26.34%. Absentee 645 1 188 184 131 71.20°/. 53 28.80%q Total 645 2 422 408 296 72.55°/. 112 27.45°/6 oon1lol Polling 496 1 157 155 109 70.321/. 46 29.68% Absentue 496 1 161 156 114 73.08'.6 42 26.92% Total 496 2 318 311 223 71.70'%. 88 28.309,' nOn1102 Palling 947 1 330 315 244 77.46'%6 71 22.54°/ Absentee 947 1 336 327 231 70.64% 96 29.36°/ ��u.. vu uu ice. sur+ Statement of Votes Cast Date: l 1/30/05 Time:09:12:11 S Special Statewide P Consolidated Election Pa�e:S of of 6 SOVC For *511 0 City Of San Rafael, All Counters, City of San Rafael SAN RAFAEL -,'-IEA S - Majority Reg. Vote For Times Total YES No Voters I Counted Votes "1-otal 947 I 2 666 642 475 73.99% 167 26.01: 0001103 Polling 976 1 373 357 272 76.19% 85 23.81% Absentee 976 1 361 352 267 75.85% 85 24.15%, "Total 976 2 734 709 539 76.0295 170 23.981 0001106 Polling 653 1 163 157 112 71.34% 45 29.669W Absentee 653 1 16R 163 128 78.53% 35 21.47'!` Total 653 2 331 320 240 75.00% 80 25.001%, 0001107 I Polling 806 1 239 232 162 69.83% 70 30.17ia Absentee 806 1 255 245 IR2 74.29'% 63 25.71%1 Total 806 2 494 477 344 72.121% 133 27 RR"/" 0001110 Polling 399 l 114 109 74 67.89% 35 32.11% Absentee 399 1 205 196 139 70.92°% 57 29.01% Total 399 2 319 305 213 69.849A 92 30.16° 0001112 Pollin_ 511 1 110 106 70 66.04'%" 36 33.96'K Absentee 511 1 113 107 77 71.96'% 30 29.04'%" Total 511 2 223 213 147 69.01% 66 30.99°x° 0001113 Polling 919 1 261 250 176 70.40% 74 29 60".5 Absentee 919 1 392 376 263 69.95% 113 30.05°/ Total 919 2 653 626 439 70.13% 187 29 87'/ 0001114 Polling 672 1 115 108 84 77.78% 24 22.22 Absentee 672 1 315 297 223 75.09% 74 24.92% Total 672 2 430 405 307 75.80% 98 24.209/ 0001121 Polling 953 1 313 303 213 70.30% 90 29.70f Absentee 953 1 335 322 223 69.25% 99 30 75. Total 953 2 648 625 436 69.76% 189 30.24"x° 0001124 Pulling 795 1 240 229 151 65.94% 78 34.06% Absentee 795 1 308 294 207 7041% 87 29.59% Total 795 2 548 523 358 68.45'% 165 31.55% 0001125 Polling 619 1 203 191 144 75.39% 47 24.61% Absentee 619 1 203 191 143 74.87% 48 23.13% Total 619 2 406 382 287 75.13 % 95 24.87% 0001126 Polling 473 l 149 142 83 58.45% 59 41.55% Absentee 473 1 145 139 91 65.47% 48 34.53% Tidal 473 2 294 281 174 61.929,5 107 38.08'14 0001210 11011111' 979 1 264 259 167 64.48% 92 35.52% Absentee 979 1 446 441 296 67.12'%, 145 32.88°/x, Total 979 2 710 700 463 66.149% 237 33 86% 0001211 Polling 829 1 245 237 161 67.93% 76 32.07% Absentee 829 1 363 357 229 64.15% 128 35.85% Total 829 2 608 594 390 65.669% 204 3414% 0002001 Polling 882 1 302 281 195 69.40% 86 30.60% Absentee 882 1 258 251 181 72.11% 70 27.89% Total 882 2 560 532 376 70.68°/ 156 29.32"/ 0002002 Polling 941 1 274 266 186 69.92% 80 30.08"/ Absentee 941 1 346 336 243 72.32% 93 27.68'% Nov Ju uo ie:eup Statement of Votes Cast Date:l 1/30/05 S ecial Statewide Consolidated Election TimePage ag: :6 oof t P f 6 SOVC For *511 0 City Of San Rafael, All Counters, City of San Rafael SAN RAFAEL - MEA 5 - Majority I Reg.Vote For Times Total YES NO I Voters I CountedVotes Total 941 2 62J 602 429 71.26°° 173 28.73"/ 0002902 Polling 599 1 180 173 122 70.52% 51 29.48"/ Absentee 599 1 213 208 144 69.23%64 30.77% Total 599 2 393 381 266 69.821/1. 115 3018°/ 0002907 Polling 681 1 228 223 161 72.20% 62 27.80°/ Absentee 681 1 175 169 125 73.96% 44 26.04°/ Total 681 2 403 392 286 72.96% 106 27.04 0002908 Polling 759 1 279 272 202 74.261% 70 25.74"/ Absentee 759 1 188 179 135 75.42% 44 24.58.f Total 759 2 467 451 337 74.72% 114 2528 0004600 Polling 759 1 216 198 133 67.17% 65 32.83"/ Absentee 759 1 178 173 115 66.47% 58 33.53 Total 759 2 394 371 248 66.850/6 123 33.15 0004601 I Polling 936 1 249 234 171 73.08% 63 26.92% Absentee 936 1 336 327 240 73.39% 87 26.61°/n Total 936 2 585 561 411 73.261! 150 26.741SA Total 1 Polling 27662 35 8337 7983 5587 69.99% 2396 30.01 Absentee 27662 35 9970 967R 6832 70.59"A 2846 29.419,' Total 27662 70 18307 17661 12419 70.32% 5242 29.68"/6 EXHIBIT "B" ORDINANCE NO. 1837 AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 3.19 TO THE SAN RAFAEL MUNICIPAL CODE IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION, 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 8, 2005. The City Council of the City of San Rafael hereby makes the following findings in connection with the adoption of this Ordinance: DIVISION 1. WHEREAS, the City of San Rafael projects a budget deficit in excess of $3 million next year and each year for the foreseeable future. Last year the City cut $4.7 million. This comes on top of millions in cuts over the previous three years. The City has already cut staff, reduced pay for employees, reduced services in all departments, and been required to use emergency reserves and increase fees; and WHEREAS, three primary factors have contributed to the City's budget deficit. First, in recent years the State government has taken away a larger and larger share of local tax revenue that have historically been used to fund local government services like police, fire, streets and libraries. The State took these funds to help deal with their own budget deficit. Second, growth in local sales tax and property tax revenues have not kept pace with the increased costs of providing City services. Last, like problems most businesses are facing, costs such as utilities, workers compensation, healthcare benefits and others are on the rise; and WHEREAS, if the City were to address this shortfall with cuts 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. These cuts are a last resort. However, police and fire account for about half of San Rafael's budget. In order to address a deficit of this magnitude, the City would have to include cuts to public safety; and WHEREAS, because of the scale of the City's budget shortfall and the depth of the cuts that have already been made, only two realistic choices remain for dealing with this deficit. San Rafael must either generate additional revenue or begin making deep cuts to essential City services; and WHEREAS, the City Council appointed a citizens committee, the Critical Facilities Committee, to review the status of its critical facilities and then, due to the City's increasing financial difficulties, expanded the committee's role to include a comprehensive review of the City's operational budget and overall financial condition; and WHEREAS, estimates show that San Rafael has over $75 million in facility and infrastructure needs. Five of our six firehouses need seismic repairs to withstand an earthquake. Our library and police station are undersized and outdated for a city of our size. However, the Critical Facilities Committee reported to the City Council in April of 2005 that reducing the City's operating deficit of over $3,000,000 per year should be the City Council's highest priority and recommended that the City Council take steps to consider placing a %2 percent transactions and use tax on the November, 2005 ballot; and WHEREAS, all funds from a locally approved tax could not be taken away by the state and would stay in San Rafael to benefit local residents; and WHEREAS, after study of the financial issues facing the City, and following numerous discussions with citizens in town hall meetings, neighborhood association and service group meetings, after reviewing the Critical Facilities Committee's report, findings and recommendations, 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 address the dire fiscal circumstances now confronting the City, is to place before the voters a %2 percent transaction and use tax and to recommend its adoption to the voters. NOW THEREFORE, the City Council Of the City of San Rafael does hereby Ordain as follows: DIVISION 2. A new Chapter 3.19 is hereby added to the San Rafael Municipal Code to read as follows: Chapter 3.19 TRANSACTIONS AND USE TAX 3.19.010 -- 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. 2 3.19.015 -- Definitions. 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. 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, 2006, unless a later operative date becomes effective under the provisions of Section 3.19.040. 3.19.030 -- 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 7251) 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 3 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 one-half of one percent (.50%) 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 one-half of one percent (.50%) 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 responsibilities, 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. 4 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 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Chapter as though fully set forth herein. 3.19.100 -- Limitations on Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: 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 action 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 1 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: 1. 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 1 (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 lease of 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. 6 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 other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a 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 foreign government. This exemption is in addition to the exemptions provided in Sections 6366 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. 4. If 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, or 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 1 (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 7 (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 1 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. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the 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. 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 general fund revenue. 3.19.144 -- Independent Citizen Oversight. By no later than June 30, 2006, the City Council shall establish a City Transactions and Use Tax Committee to 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. D 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 8, 2005. 3.19.150 -- Termination Date. The authority to levy the tax imposed by this Chapter shall expire on March 31, 2016, or at the end of ten years from the operative date if the operative date is later than April 1, 2006 as provided in Section 3.19.040. DIVISION 3: If any section, subsection, sentence, clause or phrase of this Ordinance or the application 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. DIVISION 4: 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 San Rafael, and shall be in full force and effect thirty (30) days after its final passage. a ALBPAT J. BOI&, ayor� ATTEST: JEA AM=0411, Ci�Clerk The foregoing Ordinance No. 1837 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 18th day of July, 2005 and ordered passed to print by the following vote, to wit: AYES: Councilmembers : Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers : None ABSENT: Councilmembers : None 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 1st day of August, 2005, subject to voter approval at the General Municipal Election to be held on Tuesday, November 8, 2005. JE M.LEONCIlVI, City Clerk 10