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Home My WebLink AboutCC Resolution 10470 (1999 Election)RESOLUTION NO. 10470 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1. ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF SAN RAFAEL OF A MEASURE RELATING TO AN INCREASE OF THE PARAMEDIC SERVICE SPECIAL TAX FOR RESIDENTIAL AND NON-RESIDENTL L CLASSED STRUCTURES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2,1999, AS CALLED BY RESOLUTION NO. 10423; 2. REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3. REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; AND 4. DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. WHEREAS, a General Municipal Election to be held on Tuesday, November 2, 1999 has been called by Resolution No. 10423, adopted on June 21, 1999 by the San Rafael City Council; and WHEREAS, the City Council also desires to submit to the voters at the General Municipal election a measure relating to an increase of the Paramedic Service Special Tax for Residential and Non -Residential classed structures; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following measure, to wit: ORIGINAY. 01° CITY OF SAN RAFAEL PARAMEDIC SERVICE SPECIAL TAX ON RESIDENTIAL AND NON-RESIDENTIAL STRUCTURES AND APPROPRIATIONS LIMIT INCREASE 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 $13.00 YES additional tax on residential units, and up to $.02 per square foot additional tax on non-residential structures, through 2003, to fully NO fund paramedic service costs, and shall San Rafael's appropriation limit be correspondingly increased? SECTION 2. THAT a proposed ordinance relating to imposition of a Paramedic Service Special Tax on Residential and Non-residential Structures and increasing the appropriations limit through 2003, be submitted for approval of the qualified electors of the City of San Rafael, attached to this resolution as Exhibit "A". SECTION 3. 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 General Municipal Election 2 SECTION 4. THAT pursuant to California Elections Code Section 9280, the City Council of the City of San Rafael hereby directs preparation by the City Attorney of an impartial analysis of said Measure. SECTION 5. THAT the ballots to be used at the election shall be in both form and matter as required by law. SECTION 6. 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 14401 of the Elections Code of the State of California. SECTION 7. 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. SECTION 8. 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. SECTION 9. THAT pursuant to prior Council policy, rebuttals shall not be received to ballot arguments. SECTION 10. THAT the City Clerk is directed to submit a certified copy of this Resolution to the Board of Supervisors of the County of Marin. 3 I, JEANNE M. LEONCINI, 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 19th day of July, 1999 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None t, M. LEONCINI, City Clerk word\nancye\agenda stufflreso-paramedic 1999.doc 4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 3.28.060(a) OF, DELETING AND AMENDING SECTION 3.28.040 OF, AND ADDING SECTION 3.28.050 TO, CHAPTER 3.28 OF THE SAN RAFAEL MUNICIPAL CODE, TO INCREASE THE SPECIAL PARAMEDIC TAX ON RESIDENTIAL AND NON-RESIDENTIAL CLASSED STRUCTURES, IN ORDER TO COVER THE COST OF PARAMEDIC SERVICE, AND TO INCREASE THE CITY'S APPROPRIATIONS LIMIT WHEREAS, the City Council of the City of San Rafael in 1979 and in 1988, adopted a "fully funded" paramedic service tax (Chapter 3.28 of the San Rafael Municipal Code) to be imposed annually upon all residential and non-residential properties within the City of San Rafael for the purpose of providing the full cost of the City of San Rafael's paramedic 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 complete cost of the City's paramedic service program was covered by the special paramedic tax revenue; and WHEREAS, the passage of Proposition 218 by the voters of the State of California in November of 1996 and the subsequent approval of SB919 by the State Legislature, has eliminated the ability of the City Council to adjust the amount of the special paramedic tax without the approval of two-thirds (2/3) of the City's electors voting in an election; and WHEREAS, the City Council, after reviewing the proposed budget recommendation of the City Manager, finds that the paramedic tax rate needs to be increased so as to fully fund the City's paramedic service program; that the current tax rate is insufficient to cover the costs and charges of providing paramedic service, and that the general fund moneys are currently subsidizing the City's paramedic service program in ever increasing amounts; and WHEREAS, the City Council desires to submit to the City's qualified electors on November 2, 1999 an Ordinance increasing the paramedic service special tax so as to fully fund the paramedic service program and to correspondingly increase the City's appropriations limit for the next three (3) years. NOW, THEREFORE, the City Council of San Rafael does ordain as follows: DIVISION 1: 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: Section 3.28.040 -- Special Tax Imposed - Non-residential. A special tax of up to seven (7) cents per square foot is imposed upon all non-residential classed 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 added to read as follows: Section 3.28.050 -- Special Tax Imposed - Residential. A special tax of up to a maximum of $53.00 per living unit, is imposed upon all residential classed 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 subsection 3.28.060(a) is hereby amended to add the following language to the end of the subsection: "In its annual determination of the paramedic tax rate, the City Council shall endeavor to maintain parity between the tax rate for residential classed structures and non-residential classed structures. N 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." DIVISION 4: The appropriations limit of the City of San Rafael shall be increased for a period of three (3) 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 5: This Ordinance shall take effect if adopted by the voters of the City of San Rafael at the General Municipal Election to be held on the 2"a day of November, 1999. If the proposed increase to the special paramedic tax is not adopted, the paramedic special tax will remain at the level currently imposed. ATTEST: JEANNE M. LEONCINI, City Clerk 3 ALBERT J. BORO, Mayor