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
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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
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ANNE M. LEONCI , City Clerk-
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`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.
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(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.
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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.
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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
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