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RESOLUTION NO.
:2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BEIL"iARDINO PLACING A GENERAL TRANSACTIONS AND USE TAX, A1'o1) AN
3 ADVISORY QUESTION ON THE BALLOT FOR THE NOVEMBER 7, 2006
CONSOLIDATED SPECIAL MUNICIPAL ELECTION, AND ADVISORY ELECTION.
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5 BE IT RESOLVED BY THE MAYOR AJ\'D 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
1"6 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 / / /
DHClcj [Resolutions\TaxAdvlsQuestjonBallol. ResX}
Revised 8/7/06
A RESOLUTION OF THI: MAYOR AND COMMO:'ll COUNCIL OF THE CITY OF
SAN BERNARDINO PLACING A GEI\'ERAL TRANSACTIONS AND USE TAX, AI\'D A:'II
2 ADVISORY QL'ESTION ON THE BALLOT FOR THE NOVEMBER 7, 2006
CONSOLIDATED SPECIAL MUNICIPAL ELECTIO"', AND ADVISORY ELECTIOl\".
o
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SECTION 1. The Mayor and Common Council find and determine that each of the
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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
If Measure _ is approved by the voters, shall the proceeds of
Measure be used only to fund more police officers and support
personnel, and to fund anti-gang and anti-crime operations, including
drug resistance education and supervised after-school youth activities?
For the
Ordinance
Against the
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
IS 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:
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To fund more police officers, anti-gang and anti-crime operations, and
other urgent general fund programs, and provided it shall be guaranteed
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
Ordinance be adopted to impose a 1/4 of a cent transaction and use
(sales) tax?
For the
Ordinance
Against
the
Ordinance
22 This question requires approval of a majority of those casting votes and the Ordinance referenced
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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
) HC/C] [Resolulions\T aXJ\dvisQuestionBallot. ResXJ
2
Revised 8/7/06
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A RESOLUTION OF THE l\1A YOR A/I,TI COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PLACING A GENERAL TRANSACTIONS Al'<TI USE TAX, AND AN
~ ADVISORY QUESTION ON THE BALLOT FOR THE NOVEMBER 7, 2006
CONSOLIDATED SPECIAL MUNICIPAL ELECTION, AATI ADVISORY ELECTION.
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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.
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8 1/1
9 1/1
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12 1/1
13 11/
14 II!
15 II!
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17 1/1
18 II!
19 II!
20 II!
21 II!
22 II!
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24 11/
25 Iii
26 II!
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DHC/cj [Resolutions\TaxAdvisQuestionBallot. ResX] Revised 817/06
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A RESOLUTION OF THE MAYOR Al'o1) COMMON COlJNCIL OF THE CITY OF
SAN BER1\'ARDINO PLACING A GENERAL TRANSACTIONS Al'o1) USE TAX, Mm Al'I
ADVISORY QUESTION ON THE BALLOT FOR THE NOVEMBER 7, 2006
CONSOLIDATED SPECIAL MUNICIPAL ELECTION, Al'o1) ADVISORY ELECTION.
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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
meeting thereof, held
6 on the day of
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8 COUNCIL MEMBERS: AYES
9 ESTRADA
10 BAXTER
11 VACANT
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
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17
,2006. by the following vote, to wit:
ABSTAIN
ABSENT
NAYS
Rachel G. Clark, City Clerk
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,2006.
The foregoing Resolution is hereby approved this _ day of
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21
Patrick J. Morris, Mavor
22 City of San Bernardi110
23 Approved as to Form:
24
Michael G. Colantuono, Special Counsel
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By:
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DHCicj [Resolutions\T axAdvisQuestionBallot. ResXl
Revised 817/06
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): <[,\ t \ \)\tl Item # c:; 3 Resolution #
Vote: 4 Ayesj)c'),J Lf) [ot-~~ Nays -e- Abstain :e-
Change to motion to amend original documents 0 Companion Resolutions
+ ~rv\- VJ/t<ic\ tDUX\C&. ~J. \J~W\\..*
NulVVoid After: days /
Resolution # On Attachments: 0
d-DDb - d--~ 1
Absent S-
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor: --.12\ q \ t)lo
Date of Mayor's Signature: 1-W ~~
Date of Clerk/CDC Signature: G q (0
Reso. Log Updated: ~
Seal Impressed: ~
Reso. # on Staff Report 0
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No 'i By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
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Others: ~ ()'\J
DN~~ ~\ict0t fD~ 0\~~
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Ready to File: _
Date:
Revised 12/18/03