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Home My WebLink AboutCC Resolution 13572 (Election 2013; Ballot Measure) RESCINDEDRESOLUTION NO. 13572 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) ORDERING THE SUBMISSION TO THE ELECTORS OF THE CITY OF SAN RAFAEL, A BALLOT MEASURE PROPOSING AN AMENDMENT TO CHAPTER 3.19 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL TO EXTEND AND INCREASE THE EXISTING TRANSACTIONS AND USE TAX AT THE GENERAL MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2013, AS CALLED BY RESOLUTION NO. 13529 AND ORDERING THE PUBLICATION THEREOF; AND 2) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 3) REQUESTING ELECTION SERVICES BY THE REGISTRAR OF VOTERS; AND 4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL, ANALYSIS OF THE MEASURE. WHEREAS, the City Council of the City of San Rafael, by adoption of Resolution No. 13529, has called a general municipal election to be held on Tuesday, November 5, 2013; and WHEREAS, In 2005, the San Rafael Community voted in favor of Measure S, adding Chapter 3.19 to the San Rafael Municipal Code establishing a local transactions and use tax of one-half of one percent. WHEREAS, the City Council has determined to submit to the voters at the general municipal election on November 5, 2013, a ballot measure proposing an ordinance amending the Municipal Code of the City of San Rafael, to extend and increase the existing transactions and use tax within the City by one-quarter of one percent, raising 75 cents on each `� 100 of retail transactions, so as to increase funding for the City's provision of general municipal services. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE, DECI.,ARE, DETERMINE, AND ORDER AS FOI.,LOWS: Section 1: The City Council, pursuant to its right and authority and pursuant to the laws of the State of California and the Charter of the City of San Rafael, does hereby order submitted to the electors of the City of San Rafael at the general municipal election to be held Tuesday, November 5, 2013, the following measure, to wit: CITY OF SAN RAFAEL TRANSACTIONS AND USE TAX MEASURE "To prevent cuts and preserve city services, including: maintaining rapid emergency police / fire response times, maintaining adequate YES numbers of on -duty firefighters / paramedics / police officers, ensuring earthquake safe police / fire stations, preventing the closure NO of fire stations / community centers, and repairing city streets shall City of San Rafael adopt an ordinance extending and increasing the existing local sales tax by one-quarter percent, for twenty years, providing locally controlled funding that cannot be taken by the State?" Section 2: A copy of the ordinance establishing the transaction and use tax of three- fourths of one percent, which ordinance is to be submitted to the electors of the City of San Rafael at the general municipal election to be held on Tuesday November 5, 2013, is attached hereto as Exhibit "A". Section 3: The Board of Supervisors of the County of Marin, is hereby requested to: A. Consolidate said election with any other election conducted on the same day, and B. Authorize and direct the Registrar of Voters, at City expense, to provide the following election services and to canvass the results of said election: ■ Provide Voter Indexes ■ 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 2 ■ Mail Sample Ballots and Polling Place Notification ■ Provide Precinct Supplies ■ Provide Training of Precinct Workers ■ Provide Processing of Vote By Mail Ballots ■ Provide Canvass of Votes Cast ■ Provide such other services as are necessary to conduct the General Municipal Election Section 4: The ballots to be used at the election shall be in both form and content as required by law. Section 5: The polis for said election shall be opened at seven o'clock (7:00 a.m.) of the day of said election and shall remain open continuously from said time until eight o'clock (8:00 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. Section 6: 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. Section 7: 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. Section 8: Pursuant to Elections Code section 9285, the City Council of the City of San Rafael hereby directs the City Clerk to accept rebuttal arguments submitted to the Clerk within ten (10) days after the final date for filing direct arguments. Section 9: Pursuant to California Elections Code Section 9280, the City Council of the City of San Rafael hereby directs the City :attorney to prepare an impartial analysis of said ballot Measure. Section 10: This Resolution of the City Council submitting to the electors of the City of San Rafael this ballot measure establishing a transactions and use tax at the general municipal a election to be held Tuesday, November 5, 2013, shall be effective upon final adoption by the Council of the ordinance attached as Exhibit "A". Section 11: The City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Marin. I, ESTHER C. BEIRNE, 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 15th day of July, 2013 by the following vote, to wit: AYES: COUNCILMEMBERS: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4 ESTHER C. BEIRNE, City Clerk Esther Beirne From: Nancy Mackle Sent: Monday, July 08, 2013 5:24 PM To: Lisa Goldfien; Mark Moses; Rebecca Woodbury; Esther Beirne; Rob Epstein Subject: ordinance for sales tax Attachments: redlined TUT Ordinance draft dated 7-8-13.doc; clean TUT Ordinance draft dated 7-8-13.doc I have attached a redlined version of the draft ordinance, which includes my edits on top of Lisa's on top of Charles. It was getting hard to read, so I "accepted all changes" to create a clean version, just to make reading a little easier, not to assume the changes are OK by all. So it is best to read both, knowing that I was able to catch some typos on the clean version that I missed in the redlined version. I have highlighted in yellow some sections we need to fill out, and these show on both versions: One is for Mark- with the new FY budget, is Measure S still 12 % of the budget? One is for Esther – can you get the resolution date and number for creation of Measure S Committee? Oh and Rob/Lisa, do we need a new one and a new reso for this new one? It might help us, as we have some struggles with how the current one reviews our handling of the tax (since it is General Fund) –it is a bit messy and maybe with a new reso we could better define how they can do this. One is for Rob/Lisa and well, really all of us—we are struggling with how to present this in the staff report as well as in the ordinance's Whereas--- it seems that we should list not just facilities but other unfunded needs – or else it looks like it is too specific a tax. I started a Whereas paragraph on this, really just as a placeholder.... it is fraught with issues too, as it could look like some promises are being made too. The consultants suggested all this facility language that is there now in this draft ordinance ... I am now wondering if we should include it as a need but no go this far? I will include our consultants in the next round of edits, but wanted staff feedback first. Our deadline is technically tomorrow, but Madam Clerk, this will not get to you till Wed morning. Nancy