League of Women Voters of California Education Fund
	Sonoma County, CA June 8, 2010 Election
	Measure E One-Half Cent Sales Tax City of Rohnert Park Majority Approval Required Pass: 4,643 / 55.3% Yes votes ...... 3,754 / 44.7% No votes See Also: Index of all Measures

Arguments For Measure E

Arguments Against Measure E

Vote Yes on E: Rohnert Park's Essential City Services Temporary Funding Measure to prevent further drastic cuts to your essential services. Yes on E protects Rohnert Park against unfair Sacramento money grabs! State budget cuts and "takeaways" have dramatically reduced the money available for our services--over $5.5 million taken by Sacramento, putting essential police, fire, street paving, pothole repair, and park maintenance at risk. Rohnert Park faces a severe fiscal emergency--we've had no choice but to slash the community's services and lay off significant numbers of employees, including police officers and firefighters--in the coming months additional cuts will have to be made. Without Yes on E, drastic cuts to public safety services will most likely have to be made. Yes on E allows the city some time to continue to preserve the safety of Rohnert Park by helping to: Protect remaining 9-1-1 emergency/medical response services; maintain remaining gang/sex offender enforcement programs; and pro- tect most remaining police and fire services. Yes on E's strict fiscal accountability provisions and requirements are: Annual audits and published expenditure reports, ensuring funds are used appropriately; Rohnert Park visitors share the 1/2 cent cost; Measure E is not a property tax; Measure E is not applied to food purchased as groceries or prescription medicine; Measure E expires in five years; every penny stays in Rohnert Park, and can't be taken by Sacramento! We've all had different perspectives about various issues. But we are united on the severity of the City's financial situation and the need to act. That's why we voted unanimously to place Measure E on your ballot. Join all of the Council and the community in voting Yes on E to protect our services and keep our money local! Visit http://www.rpcity.org + learn more about our fiscal emergency. ROHNERT PARK CITY COUNCIL /s/ Pam Stafford, Mayor /s/ Gina Belforte, Vice Mayor /s/ Amie Breeze, Council Member /s/ Joseph T. Callinan, Council Member /s/ Jake Mackenzie, Council Member Rebuttal to Arguments For Nobody in Sacramento forced the Rohnert Park city council to spend $8,535,164 on a new city hall, $13,234,656 on the eastside sewer line intended primarily to serve yet to be started development, $4,461,043 on street paving which is already failing, or $2,505,099 on what the city has labeled "various other projects". These four items alone exceeded spending authorization by a total of $12,756,564. This proposed tax is expected to raise approximately $2,500,000 per year for five years. Coincidentally, this is almost the same amount as was overspent on these four items alone. How has your family benefited from the $8,535,164 spent on the new city hall or the $13,234,656 spent on the eastside sewer line? What is the benefit to taxpayers of spending public funds on consultants and slick mailers designed to help pass this tax? The argument in favor of this tax is signed by those most responsible for the city's financial situation, the city council. No member of the city council has ever criticized the overspending on the four items listed above. Why would giving the city more money change their spending habits? CITIZENS FOR FISCAL SANITY /s/ John F. Hudson, Chairman /s/ Larry Resnick Member, Citizens for Fiscal Sanity

Gross overspending is the true cause of the financial problems of the City of Rohnert Park. Some glaring examples are $8,535,164 squandered on the new city hall, some $1,747,164 above the authorized expenditure of $6,788,000; $4,461,043 spent on citywide pavement maintenance, some $2,169,842 above the authorized expenditure of $2,291,201; $2,505,099 spent on what the city labeled "various other projects," some $2,163,492 over the authorized expenditure of $341,607; and $13,234,656 spent on the eastside sewer project, some $6,676,056 over the authorized expenditure of $6,558,600. These figures are taken directly from page F-39 of the Comprehensive Annual Financial Report of the City of Rohnert Park for the fiscal year ending June 30, 2009. The City has even spent your tax money on consultants and propaganda for the purpose of helping pass this tax. The latest propaganda features a pie chart labeled "Where does the money go?" According to this pie chart, 53.6% of the money goes for public safety; 10.8% goes for parks and recreation; 7.6% goes to public works; 21.6% goes for "general government;" and 6.3% goes for "other." In other words, some 27.9% of the city's money is spent on "general government" and "other." We cannot solve the City's overspending problem by feeding it more money any more than we can cure an addict with more drugs. Giving the City of Rohnert Park more money will only encourage it to continue to spend in the irresponsible manner that city officials are accustomed to. The only way to force government to change is to take away the money. A "Yes" vote is a vote for more overspending. A "No" vote is a vote for change. CITIZENS FOR FISCAL SANITY /s/ John F. Hudson, Chairman /s/ Harry Chip Worthington, Assistant Chairman Rebuttal to Arguments Against Do Measure E opponents read the newspapers? Watch the news? California is in crisis. Sacramento politicians have a whopping $20.6 Billion state deficit and continue to take money from Rohnert Park + $5.5 Million and counting + to save their necks. Yes on E establishes a guaranteed source of local funding for Rohnert Park's com- munity services that can't be taken by Sacramento. Fact: Rohnert Park has a severe budget deficit and has already made $5 Million in cuts, with large eliminations in the number of employees + including 7 public safety officers + and across the board salary reductions. Fact: Without Yes on E, more drastic cuts to public safety + impacting 9-1-1 emergency and medical response times and crime prevention + will be made. Yes on E prevents immediate decreases in police officers and firefighters pro- tecting Rohnert Park, preserving our safety. Yes on E helps us maintain and protect essential 9-1-1 emergency and medical response services and our City's financial viability. Yes on E protects our taxpayer dollars from state takeaways and keeps our money local. Yes on E is temporary emergency funding which expires unless extended by voters. Yes on E means out of town visitors and shoppers share the 1/2 cent cost. In this tough economy, half a penny is well worth maintaining our quality of life and the stability of Rohnert Park as a safe, middle-class community with quality services, parks, recreational activities, and a strong business climate. Join Rohnert Park taxpayers, seniors, business leaders, public safety officers + Vote Yes on E. /s/ Patricia Miller, Rohnert Park Business Owner /s/ Carlos Deza, Senior Advisory Commission Member /s/ Brian Masterson, 25 years Law Enforcement /s/ Shawn Jackson, Chamber of Commerce Member /s/ Leonard Carlson, Mobile Home Owners Association

Full Text of Measure E

EXHIBIT A ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION WHEREAS, the City is experiencing an existing and immediate funding crisis, which is the result of factors largely outside of its control, including national economic trends, rapid increases in the cost of employee retirement and health insurance benefits, decreases in revenue from existing taxes and fees, increases in charges by the County of Sonoma, and unpredictable State takeaways of local revenue. WHEREAS, the City has taken significant steps to reduce its operational costs including: cutting service positions, including public safety officers, negotiated salary reductions with all staff members, and implemented cost saving and efficiencies by consolidating services and eliminating unnecessary overhead. WHEREAS, because of changes in State law, particularly the approval of Propositions 62 and 218, the City has very few means available for increasing General Fund revenue. WHEREAS, absent a new source of General Fund revenue, the City's ability to maintain staff and service levels is uncertain. Despite the budget cuts made by the City, and the significant reduction in the number of City service providers and employees, the City still faces a severe budget deficit of close to $6 million annually with currently only $6 million left in emergency reserves. WHEREAS, unless staff and service levels are at least partially restored, public facilities and property will not be properly maintained, public safety standards will degrade, crime and violence will increase, the community will not have adequate and safe recreational opportunities, businesses and families will be discouraged from moving to or remaining in Rohnert Park, and the health, safety, and welfare of the residents of Rohnert Park will be endangered. WHEREAS, because of that threat to the public health, safety, and welfare, an emergency exists in the City, as the term "emergency" is used in Article XIIIC, section 2(b) of the California Constitution. The City must immediately address that emergency by ensuring that the City has the resources necessary to preserve the public health, safety, and welfare. WHEREAS, the identified emergency necessitates that the City Council submit an essential services temporary funding measure to the voters of Rohnert Park at the June 8, 2010 election, even though such an election would not be consolidated with a general election for a member of the Council. WHEREAS, article XIIIC, section 2(b) of the California Constitution permits the City, in an emergency situation declared by a unanimous vote of the Council, to seek voter approval for a general tax at an election that is not consolidated with an election for a member of the Council. NOW, THEREFORE, the City of Rohnert Park does hereby ordain as follows: SECTION 1: "Chapter 3.21 Transactions and Use Tax" shall be added to the Rohnert Park Municipal Code and shall read as follows: "Chapter 3.21 TRANSACTIONS AND USE TAX" Sections: 3.21.010 Short Title 3.21.020 Operative Date 3.21.030 Purpose 3.21.040 Contract with State 3.21.050 Transactions Tax Rate 3.21.060 Place of Sale 3.21.070 Use Tax Rate 3.21.080 Adoption of Provisions of State Law 3.21.090 Limitations on Adoption of State Law and Collection of Use Taxes 3.21.100 Permit Not Required 3.21.110 Exemptions and Exclusions 3.21.120 Amendments 3.21.130 Enjoining Collection Forbidden 3.21.140 Annual Audit and Public Report 3.21.150 Termination Date 3.21.010 Short Title This ordinance shall be known as the City of Rohnert Park Transactions and Use Tax Ordinance. The City of Rohnert Park hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. 3.21.020 Operative Date "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below. 3.21.030 Purpose This ordinance is adopted to achieve the following, among other purposes, and 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 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 can 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 col- lecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be adminis- tered 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. 3.21.040 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, 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. 3.21.050 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 .5% 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. 3.21.060 Place of Sale For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered bythe 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. 3.21.070 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 .5% 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 regard- less of the place to which delivery is made. 3.21.080 Adoption of Provisions of State Law Except as otherwise provided in this ordinance 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 ordinance as though fully set forth herein. 3.21.090 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 when: 1. 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. 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 Ordinance. 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 con- sumption 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. 3.21.100 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. 3.21.110 Exemptions and Exclusions A. There shall be excluded from the measure 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 LocalSales 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 prod- ucts, 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 out- side 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. 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 ordinance, 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 ad- dition 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 ordinance. 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 ordinance. 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 (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. 3.21.120 Amendments All amendments subsequent to the effective date of this ordinance 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 ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. The foregoing amendments shall not require voter approval. The following amendments to this ordinance must be approved by the voters of the City of Rohnert Park: increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of the preceding paragraph); or extending the tax beyond the fifth anniversary of the operative date. The City Council may otherwise amend this ordinance without submitting the amendment to the voters for approval. 3.21.130 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 ordinance, 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. 3.21.140 Annual Audit and Public Report Annually the City Council retains an independent auditor to conduct an audit of and provide audited financial statements for all of the City's financial activities. The auditor shall include an accounting of the revenue received from the tax and expenditures thereof in the audited financial statements. The auditor's report shall be presented to the Council and made available to the public. Additionally, the Director of Administrative Services shall annually prepare and present to the Council and the public a report in conjunction with the audit that reviews the status and performance of the programs and services funded wholly or partially with proceeds of the tax. 3.21.150 Termination Date The authority to levy the tax imposed by this ordinance shall expire on the fifth anniversary of the operative date, unless extended by a majority vote of the voters of the City. SECTION 2: SEVERABILITY. The City Council hereby declares that every section, paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases. SECTION 3: EFFECTIVE DATE. This ordinance relating to the levying and collection of the City transactions and use taxes shall take effect immediately. SECTION 4: PUBLICATION. The Clerk of the City of Rohnert Park is hereby directed to cause the following summary of the ordinance to be published by a newspaper of general circulation, published and circulated in the City of Rohnert Park: Contingent upon majority voter approval, this ordinance adopts a one-half cent (0.5%) transactions and use tax on the sale or consumption of tangible personal property within the City of Rohnert Park. The tax shall terminate automatically upon the fifth anniversary of the State beginning to collect it, unless extended by the voters. This ordinance was introduced by the City Council of the City of Rohnert Park on February 23, 2010 and adopted on February ___, 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ROHNERT PARK _________________________________ Mayor ATTEST: _____________________________ City Clerk APPROVED AS TO FORM: _____________________________ City Attorney