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Home My WebLink AboutCC Resolution 12008 (Special Election 2006)RESOLUTION NO. 12008 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) CALLING A SPECIAL MUNICIPAL ELECTION FOR TUESDAY, NOVEMBER 7, 2006, 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 SAID ELECTION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK;AND 4) DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE. WHEREAS, the City Council of the City of San Rafael desires to call a Special Municipal Election to be held in the City of San Rafael on Tuesday, November 7, 2006; and WHEREAS, the City Council of the City of San Rafael desires 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 2007/2008 through 2010/2011; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of San Rafael, pursuant to its right and authority under 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 a special election to be held in the City of San Rafael, County of Marin, State of California, on Tuesday, November 7, 2006, the following measure: CITY OF SAN RAFAEL PARAMEDIC SERVICE SPECIAL TAX RATE INCREASE AND APPROPRIATIONS LIMIT INCREASE MEASURE P "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 $24.00 above the current rate, on NO residential units, and up to $.03 per square foot above the current rate on non-residential structures; and, shall San Rafael's appropriations limit be correspondingly increased?" Section 2: A copy of the ordinance amending the Paramedic Tax Ordinance, which ordinance is to be submitted to the electors of the City of San Rafael at the special municipal election to be held on Tuesday, November 7, 2006, is attached hereto marked 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 2 b. 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 ■ Appointment and Notification of 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 may be necessary and required to conduct the Special 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 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 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. 3 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 amending the Paramedic Service Special Tax ordinance to increase the maximum tax rate, at the special municipal election to be held Tuesday, November 7, 2006, shall be effective August 7, 2006. Section 11: The City Clerk is directed to forthwith 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 7 t day of August, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro None ABSENT: COUNCILMEMBERS: Cohen 4 V34��- JEAAE M. LEONChIII, City Clerk 4 EXHIBIT "A" ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL 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 twenty five (25) 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 2002 the voters of San Rafael approved an increase of the maximum Paramedic Tax rate to $61.00 for residential units and $.08 per square foot for non-residential structures; and 1 WHEREAS, the City Council, after reviewing the total current costs of the Paramedic Service Program and the total revenue generated by the current Paramedic Tax maximum rate, finds that the current Paramedic Tax rate fails to fully fund the Paramedic Service Program, thus requiring the diversion of a portion of the City's General Fund to subsidize the Program, which diversion of General Fund monies threatens the provision of other City services including park maintenance, road repair, police services and library services; and WHEREAS, the City Council further finds that the maximum Paramedic Special Tax rate needs to be increased so as to fully fund the City's Paramedic Service Program as was originally intended under the ordinance enacted by the voters of the City of San Rafael; and WHEREAS, the City Council desires to ensure that the Paramedic Service Program is and remains completely and adequately funded by the paramedic tax revenues, so as to maintain rapid response times to medical emergencies, provide advanced treatment to heart attack patients and keep trained paramedics on fire engine companies; and, WHEREAS, the City Council desires to submit to the City's voters on November 7, 2006 an amendment to the Paramedic Tax ordinance which would authorize an increase of the maximum Paramedic Special Tax rate so as to fully fund the Paramedic Service Program; and WHEREAS, the City Council also desires to increase the City's appropriations limit for the next four (4) years in connection with revenue generated by the Paramedic Special Tax in accord with California Constitution Article XHI B; 2 NOW THEREFORE, the City Council of San Rafael does ordain as follows: DIVISION 1: San Rafael Municipal Code section 3.28.040 is hereby deleted and a new section 3.28.040 is hereby added, to read as follows: Section 3.28.040 -- Special Tax Imposed - Non-residential. A special tax of up to a maximum of eleven cents ($.11) 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 deleted and a new 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 $85.00 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 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). 3 f3I+/_[.Y[1je[i This Ordinance shall take effect if adopted by two-thirds (2/3rds) of the voters voting in the City of San Rafael Special Municipal Election to be held on the 7th day of November, 2006. ATTEST: JEANNE M. LEONCM, City Clerk 4 ALBERT J. BORO, Mayor