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HomeMy WebLinkAboutCC Resolution 7693 (Election 1988)RESOLUTION NO. 7693 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. 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, June 7, 1988 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 FOR NON-RESIDENTIAL STRUCTURES MEASURE B Shall San Rafael City Ordinance No. 1336, imposing a Paramedic Service Special Tax be amended to include authority to impose a tax on non-residential structures of up to five (5) cents per square foot, /YES/ with a flat tax limitation of $500.00 for each one (1) cent per square foot tax levied, for funding of Paramedic Service; and the appropriation limit of the City of San Rafael be increased for a period of four (4) years by the total amount collected by the /NO/ Paramedic Service Special Tax as required by Article XIIIB of the California Constitution? The text of said Ordinance is set forth as Exhibit "A" of Resolution No.7693 , passed by the City Council of the City of San Rafael on Monday, March 7, 1988, and is now on file in the office of the City Clerk. 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, June 7, 1988, a proposed ordinance relating to imposition of a Paramedic Service Special Tax on Non-residential Structures and increasing the appropri- ation limit for fiscal years 1988/1989 through 1990/1992; 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 _1_1 a LID 1 �,k'c WHEREAS, Calit..rnia Elections Code Sectio. 5011 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, June 7, 1988, 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) 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 Agruments 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 Non-residential Structures and increasing the appropriation limit for fiscal years 1988/1989 through 1990/1992, 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 14301 of the Elections Code of the State of California. -2- 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 autho- rized, 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 5011, 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 March 7, 1988. 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. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a regular meeting of the Council of said City on Monday , the 7th day of March , 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro JEA M. LEONCINI,�City Clerk -3-- ORDINANCE NO. EXHIBIT "A" AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 3.28.040 AND 3.28.070 OF CHAPTER 3.28 OF THE SAN RAFAEL MUNICIPAL CODE, TO IMPOSE SPECIAL TAX FOR FUNDING OF PARAMEDIC SERVICE ON NON-RESIDENTIAL CLASSED STRUCTURES WITHIN THE CITY OF SAN RAFAEL THE PEOPLE OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Section 3.28.040 of the San Rafael Municipal Code is hereby amended to add the followinq additional language thereto: 3.28.040. Special Tax Imposed. A special tax of up to five (5) cents per square foot with a flat tax limitation of $500 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. In imposing the tax referred to herein, and in revising the basic tax rate referred to in Section 3.28.060 on an annual basis, the City Council shall endeavor to maintain parity between the tax rate for residential living units and non-residential occupancies. DIVISION 2. Section 3.28.070 of the San Rafael Municipal Code is amended to read as follows: 3.28.070. Persons Liable for Tax. The special tax imposed by this chapter for paramedic service is due from every person who is the owner of a living unit, or non-residential classified structure within the City of San Rafael, as reflected upon the rolls of the assessor, at the same time ad valorem property tax is due, and is collected in the same manner. The balance of Section 3.28.070 shall read as previously adopted by the voters of the City of San Rafael as part of Ordinance No. 1336. DIVISION 3. The appropriation 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 4. 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 7th day of June, 1988. Attest: JEANNE M. LEONCINI, City Clerk LAUPENCE E. MULRYAN, Mayor.