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HomeMy WebLinkAbout2006-287(For Measure Z) RESOLUTION NO. 2006-287 2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PLACING A GENERAL TRANSACTIONS AND USE TAX, AND AN 3 ADVISORY QUESTION ON THE BALLOT FOR THE NOVEMBER 7, 2006 CONSOLIDATED SPECIAL MUNICIPAL ELECTION, AND ADVISORY ELECTION. 4 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 WHEREAS, Revenue & Taxation Code Section 7285.9 authorizes the City of San 8 Bernardino ("City") to levy a general transactions and use tax if the ordinance proposing that tax 9 is approved by a two-thirds vote of all members of the Mayor and Common Council, and the tax 10 is approved by a majority vote of the qualified voters of the City voting in an election on the II Issue, and 12 WHEREAS, the Mayor and Common Council, by a sufficient vote of its members, adopt 13 this resolution to propose to the electorate of the City of San Bernardino a Transactions, and Use 14 Tax Ordinance, which imposes a general transactions and use tax, and, by separate action, will 15 adopt the tax on condition that it is subsequently approved by the voters, and 16 WHEREAS, the Mayor and Common Council desire to submit the general transactions 17 and use tax to the voters, and 18 WHEREAS, Elections Code Section 9603 authorizes the Mayor and Common Council to 19 submit an advisory measure to allow voters to voice their opinions on substantive issues, or to 20 indicate to the Mayor and Common Council approval of ballot proposals, and 21 WHEREAS, the Mayor and Common Council desire to submit an advisory measure to 22 the voters of the City to allow the voters to voice their opinions with respect to the use of 23 proceeds of a general transactions and use tax, if one is imposed, and 24 WHEREAS, by prior resolution, the Mayor and Common Council called a consolidated 25 special election and advisory election for Tuesday, November 7,2006, and 26 WHEREAS, the Mayor and Common Council desire to submit the tax measure, and the 27 advisory measure to the electorate at the consolidated election. 28 / / / DHC/cj (Resolutions\TaxAdvisQuestionBallot.ResX] Revised 8/7/06 " 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PLACING A GENERAL TRANSACTIONS AND USE TAX, AND AN 2 ADVISORY QUESTION ON THE BALLOT FOR THE NOVEMBER 7, 2006 CONSOLIDATED SPECIAL MUNICIPAL ELECTION, AND ADVISORY ELECTION. 3 4 5 6 7 8 9 10 11 12 SECTION 1, The Mayor and Common Council find and determine that each of the findings set forth above is true and correct. SECTION 2. The Mayor and Common Council hereby order the following question to be submitted to the voters at the advisory municipal election called for Tuesday, November 7,2006: Advisory Vote Only For the Ordinance If Measure _ is approved by the voters, shall the proceeds of Measure _be used only to fund more police officers and support Against the personnel, and to fund anti-gang and anti-crime operations, including drug resistance education and supervised after-school youth activities? Ordinance 13 This question requires the approval of a majority of those casting votes. It is an advisory measure 14 only. The City Clerk is hereby authorized to complete the blank in the ballot label set forth above 15 with the letter or number assigned to the measure proposed by Section 3 of this resolution. 16 SECTION 3. The Mayor and Common Council hereby order the following question to 17 be submitted to the voters at the special municipal election called for Tuesday, November 7, 2006: 18 19 20 21 To fund more police officers, anti-gang and anti-crime operations, and For the other urgent general fund programs, and provided it shall be guaranteed Ordinance to sunset after 15 years, and provided a Citizen's Oversight Committee is created to report annually to voters on the use of proceeds, shall an Against Ordinance be adopted to impose a 1/4 of a cent transaction and use the (sales) tax? Ordinance 22 This question requires approval of a majority of those casting votes and the Ordinance referenced 23 therein is Ordinance No. _ of the City, attached hereto as Exhibit A. 24 SECTION 4. Pursuant to California Elections Code Section 9280, the Mayor and 25 Common Council hereby direct the City Clerk to transmit a copy of this Resolution and Exhibit 26 A hereto to the City Attorney. The City Attorney shall prepare an impartial analysis of the 27 measures, each of which shall not exceed 500 words in length, showing the effect of the measure 28 on the existing law and the operation of the measure, and transmit such impartial analysis to the DHC/cj [Resolutions\TaxAdvisQuestionBallot.ResX] 2 Revised sn /06 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PLACING A GENERAL TRANSACTIONS AND USE TAX, AND AN 2 ADVISORY QUESTION ON THE BALLOT FOR THE NOVEMBER 7, 2006 CONSOLIDATED SPECIAL MUNICIPAL ELECTION, AND ADVISORY ELECTION. 3 4 City Clerk within ten (10) days of the adoption of this Resolution. 5 SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution 6 and enter it into the book of original Resolutions. 7 /II 8 /II 9 /II 10 /II 11 /II 12 1/1 13 /II 14 1/1 15 1/1 16 /II 17 1/1 18 /II 19 /II 20 /II 21 1/1 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 1/1 DHC/cj (Resolutions\TaxAdvisQuestionBallot.ResX] 3 Revised Sn/06 1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO PLACING A GENERAL TRANSACTIONS AND USE TAX, AND AN 2 ADVISORY QUESTION ON THE BALLOT FOR THE NOVEMBER 7, 2006 CONSOLIDATED SPECIAL MUNICIPAL ELECTION, AND ADVISORY ELECTION. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held 6 on the 8th day of August , 2006, by the following vote, to wit: 7 8 COUNCIL MEMBERS: 9 ESTRADA 10 BAXTER 11 VACANT 12 DERRY 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 AYES NAYS ABSTAIN ABSENT ----1L- ----1L- ----1L- ----1L- x x 19 20 21 22 ~.Lcf~k~ity~ -rJ.t-- The foregoing Resolution is hereby approved this ~ day of Augus t ,2006. J. Morris, Mayo San Bernardino 23 Approved as to Form: 24 Michael G. Colantuono, Special Counsel 25 26 27 By: 28 '- /'----; 'E. /r /0<0 ~ DHC/cj (Resolutions\TaxAdvisQuestionBallot.ResX] 4 Revised sn /06