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CC Resolution 13017 (Special Election 2010; Paramedic Tax)RESOLUTION NO. 13017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 2,2010; AND 2) ORDERING THE SUBMISSION OF A PROPOSITION OF INCREASING THE CITY'S PARAMEDIC SERVICE SPECIAL TAX RATE AND APPROPRIATIONS LIMIT TO THE QUALIFIED VOTERS OF THE CITY OF SAN RAFAEL AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2010; AND 3) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 4) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; AND 5) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, the Charter of the City of San Rafael, Article IV, Section 1, authorizes the City Council to call a special municipal election; and WHEREAS, the City Council has determined to call a special municipal election to be held on November 2, 2010, to submit to the qualified electors of the City of San Rafael at said special election, a proposed ordinance amendment which would increase the maximum Paramedic Service Special Tax rate on residential units and on non-residential structures and which would increase the corresponding appropriations limit for fiscal years 2011/2012 through 2014/2015; 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. NOW THEREFORE, BE IT RESOLVED that pursuant to the requirements of the 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 2, 2010, a special municipal election of the qualified electors of San Rafael, for the purpose of submitting to the electors of the City a proposition of increasing the City's Paramedic Service Special Tax rate and appropriations limit. BE IT FURTHER RESOLVED that there shall be submitted to the voters of the City at the special municipal election to be held on November 2, 2010 the proposition attached hereto as Attachment "A" and incorporated herein by reference, to be known and referred to as the "CITY OF SAN RAFAEL PARAMEDIC SERVICE SPECIAL TAX RATE INCREASE AND APPROPRIATIONS LIMIT INCREASE" or as "Measure ". [designation to be assigned by County Registrar of Voters] BE IT FURTHER RESOLVED that pursuant to Section 13247 of the Elections Code, the Council hereby directs the Registrar of Voters to use the following abbreviation of the tax proposition on the ballot: CITY OF SAN RAFAEL PARAMEDIC SERVICE SPECIAL TAX RATE INCREASE AND APPROPRIATIONS LIMIT INCREASE MEASURE "To protect lifesaving paramedic services by maintaining rapid response times, providing advanced heart attack treatment, and keeping trained paramedics on fire engine companies, shall San YES .. ................................ Rafael Municipal Code Chapter 3.28 be amended to permit phased increases, up to $23.00 annually above the current rate, on NO residential units, and up to $.03 per square foot annually above the current rate on non-residential structures; and, shall San Rafael's appropriations limit be correspondingly increased?" N BE IT FURTHER RESOLVED that the Registrar of Voters of the County is hereby requested to reprint the full text of the proposition, which is all that portion of this Resolution set forth in Attachment A, in the voter information pamphlet to be distributed to voters pursuant to Section 13307 of the Elections Code. In the event the full text of the proposition is not reprinted in the voter information pamphlet, the Registrar of Voters is hereby requested to print, immediately below the impartial analysis of the tax proposition, in no less than 10 -point boldface type, a legend substantially as follows: "The above statement is an impartial analysis of Measure If you desire a copy of the measure, please call the San Rafael City Clerk at 415-485-3065 and a copy will be mailed at no cost to you." BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Marin, is hereby requested to: 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 Arguments ■ Appoint and Notify Election Officers ■ Mail Sample Ballots and Polling Place Notification ■ Provide Precinct Supplies ■ Provide Training of Precinct Workers ■ Provide Processing of Vote by Mail Ballots ■ Provide Central Counting ■ Provide Canvass of Votes Cast ■ Provide such other services as are necessary to conduct the Special Municipal Election 0 by law. BE IT FURTHER RESOLVED that: 1. The ballots to be used at the election shall be in both form and content as required 2. The polls for said election shall be opened at seven o'clock (7:00 a.m.) on the day of said election and shall remain open continuously from said time until 8:00 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. The City of San Rafael recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. 8. This Resolution shall be effective immediately upon its adoption by the City Council. 4 9. 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 July 19, 2010 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk EXHIBIT "A" (FULL TEXT OF MEASURE) ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 3.28.040 AND 3.28.050 OF CHAPTER 3.28 OF THE SAN RAFAEL MUNICIPAL CODE, TO INCREASE THE MAXIMUM SPECIAL PARAMEDIC TAX RATE ON RESIDENTIAL UNITS AND ON NON- RESIDENTIAL STRUCTURES AND TO INCREASE THE CITY'S APPROPRIATIONS LIMIT IN CONNECTION THEREWITH WHEREAS, the City Council of the City of San Rafael in 1979 adopted an ordinance imposing a special tax to "fully fund" a city-wide Paramedic Service Program (Chapter 3.28 of the San Rafael Municipal Code); and WHEREAS, for more than thirty (30) years, the City Council has imposed this tax annually upon all residential units and upon all non-residential structures within the City of San Rafael for the intended purpose of funding complete and total costs associated with the provision of a citywide Paramedic Service Program; and WHEREAS, prior to the passage of Proposition 218 in 1996, the City Council each year adjusted the Paramedic Special Tax rate to fund total costs of the City's Paramedic Service Program; and, WHEREAS, the passage of Proposition 218, eliminated the authority of the City Council to adjust the maximum rate of the Paramedic Special Tax without first obtaining the approval of two-thirds (2/3rds) of the voters at a municipal election; and WHEREAS, in 2006 the voters of San Rafael approved an increase of the maximum Paramedic Tax rate to $85.00 annually for residential units and $.11 per square foot annually for non-residential structures; and WHEREAS, the City Council, after reviewing the total current and projected costs of the Paramedic Service Program, revenues provided by Ambulance Transporting, and the total revenue generated by the current Paramedic Tax maximum rate, has found that the current Paramedic Tax rate fails to fully fund the Paramedic Service Program, thus requiring the diversion of a portion of the City's General Fund to subsidize the Program, which diversion of General Fund monies threatens the provision of other City services including park maintenance, road repair, and police services and fire services; and WHEREAS, the maximum Paramedic Special Tax rate needs to be increased so as to frilly fiind the City's Paramedic Service Program as was originally intended under the ordinance enacted by the voters of the City of San Rafael; and I WHEREAS, it is crucial to ensure that the Paramedic Service Program remains completely and adequately funded by a combination of Ambulance Transportation billing and the paramedic tax revenues, so as to maintain rapid response times to medical emergencies, provide advanced treatment to heart attack patients and keep trained paramedics on fire engine companies; and, WHEREAS, the City Council has submitted to the City's voters on November 2, 2010 this measure to amend the Paramedic Tax ordinance to authorize an increase of the maximum Paramedic Special Tax rate so as to fully fund the Paramedic Service Program; and WHEREAS, this measure would also increase the City's appropriations limit for the next four (4) years in connection with revenue generated by the Paramedic Special Tax in accord with California Constitution Article XIIIB; NOW THEREFORE, the People of the City of San Rafael do ordain as follows: DIVISION 1: San Rafael Municipal Code section 3.28.040 is hereby amended to read as follows: Section 3.28.040 -- Special Tax Imposed - Non-residential. A special tax of up to a maximum of fourteen cents ($.14) per square foot is imposed upon all non-residential 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 amended to read as follows: Section 3.28.050 -- Special Tax Imposed - Residential. A special tax of up to a maximum of $108 per residential unit is imposed upon all residential units within the corporate limits of the City of San Rafael, on an annual basis, to fund a Paramedic Service Program. DIVISION 3: As required by Article XIIIB of the California Constitution, the appropriations limit of the City of San Rafael shall be increased each year, for a period of four (4) years, by the total amount collected each year under the Paramedic Service Special Tax (Chapter 3.28, San Rafael Municipal Code). 9 DIVISION 4: This Ordinance shall be effective ten days after the date on which the City Council has declared its approval by at least two-thirds of the City's electors voting at the special municipal election to be held on the 2nd day of November, 2010. ATTEST: ESTHER C. BEMNE, City Clerk K ALBERT J. BORO, Mayor