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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Fred Wilson, City Administrator
Subject:
Authorization of ~ayor Minor to
submit the ballot argument in
favor of the measure related to
the Service User's Tax.
Dept:
Administrator's Office,
Date:
July 23, 1997
ORIGINAL
Synopsis of Previous Council action:
07121/97 -
Mayor and Council adopted Ordinance Me 999 - an ordinance of the City of San Bernardino amendillJ Section 6 of
Ordinance No. Me 820 climinaliDJ the expiration date of the 0.5% increase of the Service Users Tax.
07/07/97 --
Mayor and Council adopted Resolution No. 91-199 submitting to the voters a ballot measure relating 10 the City's Service
Users Tax.
07107/97 -
Mayor and Council adopted Resolution No. 97-200 callillJ a Municipal Election to submit to the electors for their approval
of a ballot measure relating to the City's Service Users Tax aod requesting that said Municipal Election be consolidated
with the November 4, 1997 Consolidated Election conducted by the County of San Bernardino.
07107/97 --
Mayor and Council unanimously approved first reading of an ordinance amending Section 6 of Ordinance Me 820,
climinltiq: the expiration date of tho O.S" incrcaae of the Service Usera Tax.
Recommended motion:
That Mayor Minor be authorized to submit a ballot argument in favor of
the measure being submitted to the voters on November 4, 1997, related to
whether or not the expiration date of June 30, 1998 be eliminated from
Ordinance No. MC 820 so as to permit the City of San Bernardino to
continue to collect and use the increased 0.5% service users tax beyond
that date, and permit the Mayor to add additional co~authors to the
argument as he deems appropriate.
Contact person: Frp.n Wi 1 Ron
Phone:
5122
Supporting data attached:
YeR
Ward:
All
FUNDING REQUIREMENTS:
Amount:
None
Source: (Acct. No,)
(Acct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
8/tJ/97
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STAFF REPORT
Back~round
On July 7, 1997, the Council voted to place on the November 4 ballot a measure related to
whether or not the expiration date of June 30, 1998 should be eliminated to permit the City to
continue to collect and use the .5 % service user's tax beyond that date.
This action was prompted by the passage of Proposition 218, which requires that no local
government may impose, extend, or increase any general tax except by majority vote of the
electorate. Since collecting the tax beyond June 30, 1998 would be an extension of an existing
tax, it requires voter approval.
Ballot Arguments
Resolution No. 97-200, adopted on July 7, 1997, established deadlines for submission of
arguments for and against ballot measures which will appear on the ballot for the November 4
election. The last day for receipt of arguments is 5:00 p.m. on August IS, 1997, at the
Registrar of Voters Office, 777 East Rialto Avenue, San Bernardino. The last day for receipt
of rebuttal arguments is 5:00 p.m. on August 22, 1997, also at the Registrar of Voters Office.
Elections Code Section 9282 states:
"The legislative body, or any member or members of the legislative body authorized by
that body, or any individual voter who is eligible to vote on the measure, or bona fide
association of citizens, or any combination of voters and associations, may file a written
argument for or against any city measure. No argument shall exceed 300 words in
length... "
The Elections Code further provides that if more than one argument for or against any city
measure is submitted, the city elections official shall select one of the arguments and give
preference and priority, in the order named, as follows:
(a) The legislative body, or member or members of the legislative body authorized
by that body.
(b) The individual voter, or bona fide association of citizens, or combination of
voters and associations, who are the bona fide sponsors or proponents of the
measure.
(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the measure.
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Rebuttal arguments are submitted by the same parties that submit the initial arguments.
Recommendation
It is recommended that the Council authorize the Mayor to submit the ballot argument in favor
of the extension of the tax. This authorization would give the Mayor authority to add additional
co-authors to the argument as he deems appropriate.
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