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HomeMy WebLinkAboutCC Resolution 11132 (Special Election 2002)RESOLUTION NO. 11132 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; AND 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 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 5, 2002 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, APPROPRIATIONS LIMIT INCREASE, AND REVISED DEFINITION CONTAINED IN PARAMEDIC TAX ORDINANCE MEASURE Shall San Rafael Municipal Code Chapter 3.28, by which the voters approved a special tax to provide paramedic service in the City, be amended to permit, in phased increases, up to $8.00 YES additional tax on residential units, and up to $.01 per square foot additional tax on non-residential structures, to fully fund NO paramedic service costs, and shall San Rafael's appropriation limit be correspondingly increased?" 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 5, 2002, a proposed ordinance relating to imposition of a Paramedic Service Special Tax on Residential Units and Non-residential Structures, increasing the appropriations limit for fiscal years 2003/2004 through 2006/2007, and revising the definition of "residential unit" contained in said ordinance; and WHEREAS, consistent with prior Council policy, rebuttal arguments shall not be received nor included with ballot arguments; and WHEREAS, the City Council of the City of San Rafael desires to 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 desires to request election services by the County Clerk of Marin County, California; and WHEREAS, California Elections Code Section 9280 provides that the governing body of a municipality may direct the City Attorney to prepare 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 and the Charter of the City of San Rafael, there is called and ordered held in the City of San Rafael, County of Marin, State of California, on Tuesday, November 5, 2002, 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: 2 day; and 1) Consolidate said election with any other election conducted on the same 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 increasing the amount of the Paramedic Service Special Tax on residential units and upon non- residential structures, increasing the appropriations limit each year for fiscal years 2003/2004 through 2006/2007 by the amount of the paramedic tax and revising certain definitions in the Paramedic Tax ordinance, be submitted for approval of the qualified electors of the City of San Rafael; a copy of the proposed ordinance amendments is 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 content as required by law. BE IT FURTHER RESOLVED that the polls 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 8:00 o'clock (8:00 p.m.) of the same day when said 3 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, rebuttal arguments shall not be received nor included with 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 the City Attorney to prepare an impartial analysis of said ballot Measure. BE IT FURTHER RESOLVED that the order of the City Council calling for the Special Municipal Election shall be effective July 15, 2002. 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. LEONCM, 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, 2002 by the following vote, to wit: 4 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE M. LEONCINI, City Clerk ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 3.28.030(6), 3.28.040, 3.28.050, 3.28.060 AND 3.28.070 OF CHAPTER 3.28 OF THE SAN RAFAEL MUNICIPAL CODE, TO INCREASE THE SPECIAL PARAMEDIC TAX ON RESIDENTIAL UNITS AND NON-RESIDENTIAL STRUCTURES, IN ORDER TO COVER THE COST OF PARAMEDIC SERVICE, TO INCREASE THE CITY'S APPROPRIATIONS LIMIT AND TO REVISE CERTAIN DEFINITIONS WHEREAS, the City Council of the City of San Rafael in 1979 and in 1988, adopted an ordinance imposing a special tax to "fully fund" a city-wide paramedic service (Chapter 3.28 of the San Rafael Municipal Code);and WHEREAS, the Council imposed this tax annually upon all residential units and upon non-residential structures within the City of San Rafael for the purpose of funding the full cost of providing a citywide paramedic service program; and WHEREAS, under the Paramedic Tax Ordinance, the City Council had the authority to revise the amount of this tax every year to ensure that the full cost of the City's paramedic service program was funded by said special tax ; and WHEREAS, the passage of Proposition 218 by the voters of the State of California in 1996 and the subsequent approval of SB919 by the State Legislature in 1997, eliminated the ability of the City Council to increase the maximum rate of the special paramedic tax without the approval of two-thirds (2/3rds) of the City's electors; and WHEREAS, in 1999 the voters approved an increase of the paramedic tax to a maximum rate of $53.00 per residential unit and $.07 per square foot for non-residential structures, expiring June 30, 2003; and 1 EXHIBIT "A" WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that the current paramedic tax rate needs to be increased so as to fully fund the City's paramedic service program and further finds that the current tax rate is insufficient to cover the costs and charges of providing paramedic service; and WHEREAS, the City Council desires to submit to the City's voters on November 5, 2002 an Ordinance proposing to increase the paramedic service special tax so as to fully fund the paramedic service program and proposing to also increase the City's appropriations limit for the next four (4) years in connection with revenue generated by said special tax; and WHEREAS, because the delivery of paramedic services to persons occupying residential units does not depend upon whether the residential unit is real or personal property, a mobilehome or an apartment, an assisted -living facility or a single-family residence, the definition of residential unit should be modified to clearly state that such is the Council's intent. NOW THEREFORE, the City Council of San Rafael does ordain as follows: DIVISION 1: San Rafael Municipal Code subsection 3.28.030(6) is deleted and a new subsection 3.28.030(6) is added to read as follows: "(6) "Residential unit" means an individual dwelling space intended for occupancy by one or more persons, as may be set forth in the rolls of the County Assessor, and shall specifically include a mobilehome as defined in section 20.04.020H of this code." DIVISION 2: 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: 2 EXHIBIT "A" Section 3.28.040 -- Special Tax Imposed - Non-residential. A special tax of up to eight (8) cents 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 3: 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 a maximum of $61.00 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 4: San Rafael Municipal Code sub -section 3.28.060(a) is hereby amended to: 1) Delete the last two sentences of current subsection 3.28.060(a); 2) Add a new subsection 3.28.060(b) to read as follows: "(b) In its annual determination of the paramedic tax rate, the City Council shall endeavor to maintain parity between the tax rate for residential units and non-residential structures. The City Council shall not set the tax rate in excess of the maximum rates allowed in sections 3.28.040 and 3.28.050 without prior approval of the electorate." 3) Redesignate the current subsection 3.28.060(b) as subsection 3.28.060(c). DIVISION 5: The first sentence of section 3.28.070 is hereby deleted and a new first sentence is added to section 3.28.070, to read as follows: "The special tax imposed by this Chapter for paramedic services is due from every person who is the owner of a residential unit or a non residential structure within the City of San Rafael, as may be reflected upon the rolls of the County Assessor, at the same time ad valorem property tax is due, and shall be collected in the same manner." 3 EXHIBIT "A" As required by Article XHI B 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 for the Paramedic Service Special Tax (Chapter 3.28, San Rafael Municipal Code). DIVISION 7: 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 5`h day of November, 2002. ATTEST: JEANNE M. LEONCM, City Clerk ALBERT J. BORO, Mayor 4 EXHIBIT "A"