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HomeMy WebLinkAboutCC Resolution 10289 (Calling Election 1998)RESOLUTION NO. 10289 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, AND SUBMITTING THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING THE PUBLICATION THEREOF; 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; AND 4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. WHEREAS, it is the determination of the City Council of the City of San Rafael that a Special Municipal Election be held on Tuesday, November 3, 1998 at which election the issue to be presented to the voters shall be: Submission to the qualified electors of the following Measure, to wit: CITY OF SAN RAFAEL PARAMEDIC SERVICE SPECIAL TAX ON RESIDENTIAL AND NON-RESIDENTIAL STRUCTURES AND APPROPRIATIONS LIMIT INCREASE MEASURE J Shall the City of San Rafael Ordinance No. 1727 imposing a special tax for paramedic services be amended to set the tax at an amount not to exceed $53.00 per year for each YES living unit, and not to exceed 7 cents per square foot with a flat tax limit of $500.00 for each 1 cent per square foot NO tax levied for each non-residential structure, and shall the City of San Rafael's appropriations limit be correspondingly increased for four (4) years? WHEREAS, the City Council of the City of San Rafael desires to submit to the qualified electors of said City at a Special Municipal Election to be held in the City of San Rafael on Tuesday, November 3, 1998, a proposed ordinance relating to imposition QRIGIIiAl ,o� of a Paramedic Service Special Tax on Residential and Non-residential Structures and increasing the appropriations limit for fiscal years 1999/2000 through 2003/2004; and WHEREAS, consistent with prior Council policy rebuttals shall not be received to ballot arguments; and WHEREAS, the City Council of the City of San Rafael may request the Board of Supervisors of the County of Marin to consolidate the Special Municipal Election with any other election conducted on the same date; and WHEREAS, the City Council of the City of San Rafael may request election services by the County Clerk of Marin County, California; and WHEREAS, California Elections Code Section 9280 provides that the governing body may direct preparation by the City Attorney of an impartial analysis of said Measure. NOW THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of San Rafael that pursuant to the requirements of laws of the State of California there is called and ordered held in the City of San Rafael, County of Marin, State of California, on Tuesday, November 3, 1998, a Special Municipal Election of the qualified electors of San Rafael. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Marin, is hereby requested to: 1) Consolidate said election with any other election conducted on the same day; and 2 2) Authorize and direct the County Clerk, at City expense, to provide the following election services and to canvass the results of said election: Provide Voter Indexes Provide Voter Count by Precinct Provide Drayage and Rental of Polling Places Provide Printing of Sample and Official Ballots Provide Printing of Measures and Arguments Appoint and Notify Election Officers Mail Sample Ballots and Polling Place Notification Provide Precinct Supplies Provide Training of Precinct Workers Provide Processing of Absentee Ballots Provide Central Counting Provide Canvass of Votes Cast Provide such other services as are necessary to conduct the Special Municipal Election BE IT FURTHER RESOLVED that a proposed ordinance relating to imposition of a Paramedic Service Special Tax on Residential and Non-residential Structures and increasing the appropriations limit for fiscal years 1999/2000 through 2003/2004, be submitted for approval of the qualified electors of the City of San Rafael, attached to this resolution as Exhibit "A". BE IT FURTHER RESOLVED, that the ballots to be used at the election shall be in both form and matter as required by law. BE IT FURTHER RESOLVED that the polls for said election shall be opened at seven o'clock a.m. of the day of said election and shall remain open continuously from said time until 8:00 o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. 3 BE IT FURTHER RESOLVED that in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in said City. BE IT FURTHER RESOLVED that notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form, and manner as required by law. BE IT FURTHER RESOLVED that pursuant to prior Council policy, rebuttals shall not be received to ballot arguments. BE IT FURTHER RESOLVED that pursuant to California Elections Code Section 9280, the City Council of the City of San Rafael hereby directs preparation by the City Attorney of an impartial analysis of said Measure. BE IT FURTHER RESOLVED that the order of the City Council calling for the Special Municipal Election shall be effective August 3, 1998. BE IT FURTHER RESOLVED that the City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Marin. 4 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 on Monday, the 3' day of August, 1998 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEM 3ERS: None ABSENT: COUNCILMEMBERS: None JEAWE M. LEONCINI, City Clerk ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 3.28.060(a) OF, DELETING AND AMENDING SECTION 3.28.040 OF, AND ADDING SECTION 3.28.050 TO, CHAPTER 3.28 OF THE SAN RAFAEL MUNICIPAL CODE, TO IMPOSE A SPECIAL TAX FOR FULL FUNDING OF PARAMEDIC SERVICE ON RESIDENTIAL AND NON-RESIDENTIAL CLASSED STRUCTURES WITHIN THE CITY OF SAN RAFAEL AND APPROPRIATIONS LIMIT INCREASE WHEREAS, the City Council of the City of San Rafael in 1979 and in 1988, adopted a paramedic service tax (Chapter 3.28 of the San Rafael Municipal Code) to be imposed annually upon all residential and commercial properties within the City of San Rafael for the purpose of fully funding the City of San Rafael's paramedic program; and WHEREAS, under the Paramedic Tax Ordinance, the City Council had the authority to revise the amount of this tax, within certain limits, based upon a budget recommendation of the City Manager; and WHEREAS, the passage of Proposition 218 by the voters of the State of California in November of 1996 and the subsequent approval of SB919 by the State Legislature, has eliminated the ability of the City Council to raise the amount of this tax without the approval of two-thirds (2/3) of electors voting in the election; and WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that the paramedic tax rate needs to be increased so as to fully fund the City's paramedic service program; that the current tax rate is insufficient to cover the costs and charges of providing paramedic service, and that the general fund moneys are currently subsidizing the City's paramedic service program; and EXHIBIT "A" WHEREAS, the City Council desires to submit to the City's qualified electors on November 3, 1998 an Ordinance increasing the paramedic service special tax so as to fully fund the paramedic service program and to correspondingly increase the City's appropriations limit for the next four (4) years. NOW THEREFORE, the City Council of San Rafael does ordain as follows: DIVISION 1: San Rafael Municipal Code section 3.28.040 is hereby deleted and a new section 3.28.040 is hereby added, to read as follows: Section 3.28.040 -- Special Tax Imposed - Non-residential. A Special tax of up to seven (7) cents per square foot with a flat tax limitation of $500.00 for each one (1) cent per square foot tax levied, is imposed upon all non-residential classed structures within the corporate limits of the City of San Rafael, on an annual basis, to fund a paramedic service program. DIVISION 2: San Rafael Municipal Code section 3.28.050 is hereby added to read as follows: Section 3.28.050 -- Special Tax Imposed - Residential. A special tax of up to $53.00 per living unit, is imposed upon all residential classed structures within the corporate limits of the City of San Rafael, on an annual basis, to fund a paramedic service program. DIVISION 3: San Rafael Municipal Code sub -section 3.28.060(a) is hereby amended to add the following language to the end of the subsection: "In its annual determination of the tax rate, the City Council shall endeavor to maintain parity between the tax rate for residential classed structures and non-residential classed structures. The City Council shall not set the tax rate in excess of the maximum rate allowed in sections 3.28.040 and 3.28.050 without prior approval of the electorate." 2 EXHIBIT "A" DIVISION 4: The appropriations limit of the City of San Rafael shall be increased for a period of four (4) years by the total amount collected by the Paramedic Service Special Tax (Chapter 3.28, San Rafael Municipal Code) as required by Article XIII B of the California Constitution. DIVISION 5: This Ordinance shall take effect if adopted by the voters of the City of San Rafael at the Special Municipal Election to be held on the P day of November, 1998. If the increased tax is not adopted, the paramedic special tax will remain at the level currently imposed. ALBERT J. BORO, Mayor ATTEST: JEANNE M. LEONCI I, City Clerk EXHIBIT "A" RESOLUTION NO. 10289 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: f 1) CALLING A SPECIAL MUNICIPAL ELEC�TON FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF SAT RAFAEL, AND SUBMITTING THE SAME TO THE ELECTORS OF SAID CITY AND.ORDERING THE PUBLICATION HEREOF; 2) REQUESTING THE BOARD OF SUPE VISORS TO CONSOLIDATE WITH ANY OTHE LECTION CONDUCTED ON THi SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; AlYD 4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. WHEREAS, it is the determination of the City Council of the City of San Rafael that a Special Municipal Election be held on Tuesday, November 3, 1998 at which election the issue to be presented to the voters shall be: Submission to the qualified electors of the following Measure, to wit: CITY OF SAN RAFAEL PARAMEDIC SE�2 REGIAL T -AXON- ESIDENTIAL AND R1;N Shall the City of San Rafael Ordinance No. 1727 imposing a special tax for paramedic services be amended to set the tax at an amount not to exceed $53.00 per year for each YES living unit, and not to exceed 7 cents per square foot with a flat tax limit of $00.00 for each 1 cent per square foot O tax levied for each non-residential structure, and shall the City of San Rafael's appropriatioidmit be correspondingly increased for Mur (4) years? WHEREAS, the City Council of the City of San Rafael desires o submit to the qualified electors of said City at a Special Municipal Election to be held i the City of San Rafael on Tuesday, November 3, 1998, a proposed ordinance relating to imposition R 12 1 N Al`r �o*q4 of a Paramedic Service Special Tax on Residential and Non-residential Structures and increasing the appropriation limit for fiscal years 1999/2000 through 2003/2004; and WHEREAS, consistent with prior Council policy rebuttals shall not be received to ballot arguments; and WHEREAS, the City Council of the City of San Rafael may request the Board of Supervisors of the County of Marin to consolidate the Special Municipal Election with any other election conducted on the same date; and WHEREAS, the City Council of the City of San Rafael may request election services by the County Clerk of Marin County, California; and WHEREAS, California Elections Code Section 9280 provides that the governing body may direct preparation by the City Attorney of an impartial analysis of said Measure. NOW THEREFORE, IT IS HEREBY RESOLVED by the Council of the City of San Rafael that pursuant to the requirements of laws of the State of California there is called and ordered held in the City of San Rafael, County of Marin, State of California, on Tuesday, November 3, 1998, a Special Municipal Election of the qualified electors of San Rafael. BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Marin, is hereby requested to: 1) Consolidate said election with any other election conducted on the same day; and 2 2) Authorize and direct the County Clerk, at City expense, to provide the following election services and to canvass the results of said election: Provide Voter Indexes Provide Voter Count by Precinct Provide Drayage and Rental of Polling Places Provide Printing of Sample and Official Ballots Provide Printing of Measures and Arguments Appoint and Notify Election Officers Mail Sample Ballots and Polling Place Notification Provide Precinct Supplies Provide Training of Precinct Workers Provide Processing of Absentee Ballots Provide Central Counting Provide Canvass of Votes Cast Provide such other services as are necessary to conduct the Special Municipal Election BE IT FURTHER RESOLVED that a proposed ordinance relating to imposition of a Paramedic Service Special Tax on Residential and Non-residential Structures and increasing the appropriatiomit for fiscal years 1999/2000 through 2003/2004, be submitted for approval of the qualified electors of the City of San Rafael, attached to this resolution as Exhibit "A". BE IT FURTHER RESOLVED, that the ballots to be used at the election shall be in both form and matter as required by law. BE IT FURTHER RESOLVED that the polls for said election shall be opened at seven o'clock a.m. of the day of said election and shall remain open continuously from said time until 8:00 o'clock p.m. of the same day when said polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. BE IT FURTHER RESOLVED that in all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in said City. BE IT FURTHER RESOLVED that notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in time, form, and manner as required by law. BE IT FURTHER RESOLVED that pursuant to prior Council policy, rebuttals shall not be received to ballot arguments. BE IT FURTHER RESOLVED that pursuant to California Elections Code Section 9280, the City Council of the City of San Rafael hereby directs preparation by the City Attorney of an impartial analysis of said Measure. BE IT FURTHER RESOLVED that the order of the City Council calling for the Special Municipal Election shall be effective August 3, 1998. BE IT FURTHER RESOLVED that the City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Marin. 4 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 on Monday, the Yd day of August, 1998 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEA�LEON , �CiClerk 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 3.28.060(a) OF, DELETING AND AMENDING SECTION 3.28.040 OF, AND ADDING SECTION 3.28.050 TO, CHAPTER 3.28 OF THE SAN RAFAEL MUNICIPAL CODE, TO IMPOSE A SPECIAL TAX FOR FULL FUNDING OF PARAMEDIC SERVICE ON RESIDENTIAL AND NON-RESIDENTIAL CLASSED STRUCTURES WITHIN THE CITY OF SAN RAFAEL. - --� WHEREAS, the City Council of the City of San Rafael in 1979 and in 1988, adopted a paramedic service tax (Chapter 3.28 of the San Rafael Municipal Code) to be imposed annually upon all residential and commercial properties within the City of San Rafael for the purpose of fully funding the City of San Rafael's paramedic program; and WHEREAS, under the Paramedic Tax Ordinance, the City Council had the authority to revise the amount of this tax, within certain limits, based upon a budget recommendation of the City Manager; and WHEREAS, the passage of Proposition 218 by the voters of the State of California in November of 1996 and the subsequent approval of SB919 by the State Legislature, has eliminated the ability of the City Council to raise the amount of this tax without the approval of two-thirds (2/3) of electors voting in the election; and WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that the paramedic tax rate needs to be increased so as to fully fund the City's paramedic service program; that the current tax rate is insufficient to cover the costs and charges of providing paramedic service, and that the general fund moneys are currently subsidizing the City's paramedic service program; and 1 EXHIBIT "A" WHEREAS, the City Council desires to submit to the City's qualified electors on November 3, 1998 an Ordinance increasing the paramedic service special tax so as to fully fund the paramedic service program and to correspondingly increase the City's appropriatio0imit for the next four (4) years. NOW THEREFORE, the City Council of San Rafael does ordain as follows: DIVISION 1: San Rafael Municipal Code section 3.28.040 is hereby deleted and a new section 3.28.040 is hereby added, to read as follows: Section 3.28.040 -- Special Tax Imposed - Non-residential. A Special tax of up to seven (7) cents per square foot with a flat tax limitation of $500.00 for each one (1) cent per square foot tax levied, is imposed upon all non-residential classed structures within the corporate limits of the City of San Rafael, on an annual basis, to fund a paramedic service program. DIVISION 2: San Rafael Municipal Code section 3.28.050 is hereby added to read as follows: Section 3.28.050 -- Special Tax Imposed - Residential. A special tax of up to $53.00 per living unit, is imposed upon all residential classed structures within the corporate limits of the City of San Rafael, on an annual basis, to fund a paramedic service program. DIVISION 3: San Rafael Municipal Code sub -section 3.28.060(a) is hereby amended to add the following language to the end of the subsection: "In its annual determination of the tax rate, the City Council shall endeavor to maintain parity between the tax rate for residential classed structures and non-residential classed structures. The City Council shall not set the tax rate in excess of the maximum rate allowed in sections 3.28.040 and 3.28.050 without prior approval of the electorate." 2 EXHIBIT "A" DIVISION 4: The appropriatic0imit of the City of San Rafael shall be increased for a period of four (4) years by the total amount collected by the Paramedic Service Special Tax (Chapter 3.28, San Rafael Municipal Code) as required by Article XIII B of the California Constitution. DIVISION 5: This Ordinance shall take effect if adopted by the voters of the City of San Rafael at the Special Municipal Election to be held on the 3`d day of November, 1998. If the increased tax is not adopted, the paramedic special tax will remain at the level currently imposed. ALBERT J. BORO, Mayor ATTEST: JEANNE M. LEONCINI, City Clerk EXHIBIT "A"