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"