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HomeMy WebLinkAboutResolution No. 5589RESOLUTION NO. 5589 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROPOSING AMENDMENTS TO THE CHARTER OF THE CITY OF SAN RAFAEL, AND 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 IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, AS FOLLOWS: SECTION A. The Council of the City of San Rafael, California, on its own motion, hereby proposes that the Charter of the City of San Rafael, California, be amended by amending Sections 3, "Public Work To Be Done By Contract" and 3.1, "When Purchase of Supplies, Materials, Machinery or Equipment Shall Be By Contract" of Article XIII, "Public Works and Contracts", to read as follows: Sections 3 and 3.1 of Article XIII be amended so as to delete therefrom the following words: "Thirty-five Hundred ($3500.00) Dollars" and substitute in place and stead thereof the following words: "Five Thousand ($5000.00) Dollars". SECTION B. The Council of the City of San Rafael, California, on its own motion, hereby proposes that the Charter of the City of San Rafael, California, be amended by amending Article III, "Powers of the City", Section 12, "Leases of Property", to read as follows: Section 12 of Article III, be amended so as to delete therefrom the words: "to corporations or individuals, for the purpose of maintenance and operation of any public utility owned by the City and to provide for the lease of any lands now or hereafter owned by the City, except buildings or lands donated, purchased, acquired or used for public parks or public libraries.", and substituting in the place and stead thereof the following words: "all City -owned property excepting therefrom leases of five (5) years or less and/or leases where the total rent is Six Thousand ($6000.00) Dollars or less.". SECTION C. The Council of the City of San Rafael, California, on its own motion, hereby proposes that the Charter of the City of San Rafael, California be amended by amending Section 1, "Elective Officers" and Section 11, "Appointive Officers" of Article VI, "City Officials", which amendments shall be effective at midnight on November 7, 1983, the day prior to the General Municipal Election in 1983, as follows: Section 1 of Article VI be amended so as to delete therefrom the following words: "a City Tax and License Collector". Section 11 of Article VI be amended so as to insert between the words: "a City Treasurer, a City Engineer", the following: "a City Tax and License Collector". SECTION D. The Council of the City of San Rafael, California, on its own motion, hereby proposes that the Charter of the City of San Rafael, California be amended by amending Section 1, "General and Special Elections" of Article IV, "Elections", to read as follows: Section 1 of Article -IV be amended so as to delete therefrom the following word: "March" and substitute in place and stead thereof the following word: "November". Also insert between the words: "of each odd -numbered year" "and shall be known as the general municipal election" the following words: "or as hereafter provided by the State Legislature under general law provisions determining the date of election for the governing board members of a school district,"; changes to be effective in 1981. SECTION E. The Council of the City of San Rafael, California on its own motion, hereby proposes that the Municipal Code of the City of San Rafael, California be amended by amending Title 3, "Finance and Taxation", by adding thereto Chapter 3.28, "Paramedic Service Special Tax", which would allow provision for a Paramedic Service funded by special assessment of up to twelve ($12) dollars per year for each living unit, nonresidents to be billed I!PZ an appropriate amount to reflect the cost of the service, to read as per proposed Ordinance marked Exhibit "A" attached, and incorporated herein by reference. SECTION F. The Council of the City of San Rafael proposes to, and does on its own motion, submit to the qualified electors of the City of San Rafael, California, at the General Municipal Election to be held on the 6th day of March, 1979, the proposals to amend the Charter and Municipal Code of the City of San Rafael, California, as set forth in Sections A, B, C, D and E above. SECTION G. The City Clerk of the City of San Rafael is hereby ordered and directed to cause all of said amendments to be pub- lished once, not later than 40 and not more than 60 days prior to the date of the General Municipal Election to be held on the 6th day of March, 1979, in the Independent -Journal, the official newspaper of said City, in each edition thereof during the day of publication, said newspaper being a newspaper of general circulation published at least six days a week in said City of San Rafael, California. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly adopted at a special meeting of the Council of the City of San Rafael, held on Thursday, the 21st day of December, 1978, by the following vote, to wit: AYES: COUNCILMEN: Jensen, Mulryan and Mayor Bettini NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: Miskimen and Nixon 'UA-'V� / i1 , ANNE M. LEONCI , City Clerk- -3- `XHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 3, FINANCE AND TAXATION, BY ADDING A NEW CHAPTER 3.28, PARAMEDIC SERVICE SPECIAL TAX THE PEOPLE OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 3 of the San Rafael Municipal Code is amended by adding a new Chapter 3.28, Paramedic Service Special Tax, to read and provide as follows: Section 3.28.010. Title. This chapter shall be known as the Paramedic Service Special Tax Ordinance. Section 3.28.020. Purpose and Intent. It is the purpose and intent of this Chapter to impose a special tax upon those people residing within the corporate limits of the City of San Rafael to fully fund a Paramedic Service program therein. This ordinance, upon its passage by two-thirds of the voters voting upon this measure, shall add a new Chapter 3.28 to the San Rafael Municipal Code, imposing a special tax to cover all costs attendant to this program. By seeking approval of the voters, the City of San Rafael and its officials shall be assured that the residents are desirous of paramedic service and willing to pay for it. An election is also required to comply with the provisions of Proposition 13, passed by the voters of the State of California on June 6, 1978, which requires that a special tax shall only be passed by the affirmative vote of two-thirds of those voting at an election. Section 3.28.030. Definitions. For the purpose of this chapter, the words defined in this section shall have the meaning assigned to them unless from the context it appears that a different meaning is intended. (1) "Area," as used in this chapter, means the corporate limits of the City of San Rafael. -1- (2) "Assessor," as used in this chapter means the Assessor of the County of Marin. (3) "Basic Tax Rate," as used in this chapter means the rate of tax as approved by the voters on March 6, 1979. (4) "Chief," as used in this chapter means the Chief of the San Rafael Fire Department. (5) "Council," as used in this chapter means the City Council of San Rafael. (6) "Living Unit," as used in this chapter means a single or individual habitation space for a family, as set forth in the rolls of the Marin County Assessor. (7) "Person," as used in this chapter means any individual, firm, partnership, joint venture, association, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit. Section 3.28.040. Special tax imposed. A special tax is imposed upon each living unit within the corporate limits of the City of San Rafael on an annual basis. Section 3.28.060. Annual revision and incidental charges. The Council shall determine annually, based upon a budget formulated or approved by the Chief, whether the basic tax rate shall be revised to reflect changes in charges and costs. If the Council determines that the basic tax rate shall be revised, it shall so revise said rate by ordinance passed by a simple majority of the Council. The Council shall not revise the basic rate except upon its determination that the basic rate is insufficient to cover the cost of providing the paramedic service to San Rafael residents. -2- The Council may determine incidental fees and charges pursuant to this ordinance by resolution. Section 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, 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 Marin County Tax Collector shall collect the tax and any penalty or interest due hereunder. The full amount due under this chapter shall constitute a debt to the city. An action for the collection thereof may be commenced in the name of the city in any court having jurisdiction of the cause. Section 3.28.090. Delinquency, penalty and interest. To any amount of the tax created by this chapter which becomes delinquent, the Marin County Tax Collector shall add a penalty in an amount equal to any unpaid portion of the ad valorem property tax. The tax and penalty shall bear interest at the same rate as any portion of unpaid ad valorem property tax until paid. Section 3.28.100. Amendments. If any section of this ordinance is held invalid or unenforceable by any court, and such judgment becomes final, then that section may be amended by the Council by a majority vote to conform with the judgment of such court, provided that such amendment is consistent with the purpose and intent of this ordinance. Section 3.28.110. Severability. If any provision of this ordinance is held to be invalid or unenforceable by any court, and such judgment becomes final, such invalidity shall not affect any other provisions of this ordinance which can be given effect without the invalid provision. To this end the provisions of this ordinance are declared to be severable. -3- This ordinance shall be liberally construed to achieve its purpose and to preserve its validity. Section 3.28.120. Date of effect. This ordinance shall take effect immediately upon its enactment. C. PAUL BETTINI, Mayor Attest: JEANNE M. LEONCINI, City Clerk The above and foregoing Ordinance No. was adopted by the voters of the City of San Rafael at a general municipal election held on the day of 1979. JEANNE M. LEONCINI, City Clerk �,W