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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
f From: Rachel G. Clark, City Clerk Subject: Resolution ... repealing
i
Resolution No. 97-200 and calling a
Department: City Clerk general municipal election to submit
to the electors for their approval a
Date: October 30, 1997 kk=�O PID V ballot measure relating to City's
ser vice users tax
Synopsis of Previous Council Action:
7/21/97: Mayor and Council adopted Ordinance MC-999 - An Ordinance of the City of San
Bernardino amending Section 6 of Ordinance No. MC-820 eliminating the expiration date of the
0.5% increase of the Service Users Tax.
7/7/97: Mayor and Council adopted Resolution #97-199 submitting to the voters a ballot measure
relating to the City's Service Users Tax.
7/7/97: Mayor and Council adopted Resolution #97-200 calling a Municipal Election to submit to
the electors for their approval a ballot measure relating to the City's Service Users Tax and
requesting that said Municipal Election be consolidated with the November 4, 1997 Consolidated
Election conducted by the County of San Bernardino.
7/7/97: Mayor and Council unanimously approved first reading of an ordinance amending Section
6 of Ordinance No. MC-820 eliminating the expiration date of the 0.5% increase of the Service
Users Tax.
Recommended Motion:
Adopt resolution f/
C-10
/o
Signature
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Contact person: Rachel G. Clark, City Clerk Phone: extension 3210
Supporting Data Attached: Yes Ward: Citywide
FUNDING REQUIREMENTS: Amount:
Source: (Account No.)
Account Description):
Finance:
Council Notes:
Agenda Item No. V
Continued to /�lv U! 7 ///3/97
STAFF REPORT
DATE: October 30, 1997
TO: Honorable Mayor& Members of the City Council
FROM: Rachel G. Clark, City Clerk
SUBJECT: 1. Resolution repealing Resolution No. 97-199 and submitting to the voters a ballot
measure related to the Service Users Tax (Utility Tax); and
2. Resolution repealing Resolution No. 97-200 and calling a general municipal
election to submit to the electors for their approval a ballot measure relating to
the City' Service Users Tax
BACKGROUND INFORMATION:
Proposition 218 provides that no local government (including charter cities) may impose, extend,
or increase any general tax until the tax is submitted to the electorate and approved by a majority
vote of the electors.
The Service Users Tax 0.5% increase will expire on June 30, 1998, therefore, if the 0.5% increase
is to continue beyond June 30, 1998, a measure must be placed on the ballot allowing the voters an
opportunity to vote on whether or not to continue the 0.5% increase beyond June 30, 1998.
The Mayor and Council took timely action to place a ballot measure on the November 4, 1997
election which is to be consolidated with the County; however, because the required documents
were not at the County Clerk's Office by the 88th day prior to the November 4 election, the County
Reuistrar of Voters was legally prohibited from placing the measure on the ballot.
The proposed resolutions repeal Resolutions 97-199 and 97-200 and call for the General Municipal
Election on February 3, 1998 to submit the ballot measure on the City's Service Users Tax (Utility
Tax).
If the Mayor and Council wish to proceed and place the ballot measure on the ballot for the
February 3, 1998 general election, the proposed resolutions must be adopted no later than
November 7, 1997.
Recommended Motion:
That said resolution(s) be adopted.
Rac el G. Clark
City Clerk
Agenda Item No.
t
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
3 CITY OF SAN BERNARDINO REPEALING RESOLUTION NO. 97-200 AND
CALLING A GENERAL MUNICIPAL ELECTION TO SUBMIT TO THE
4 ELECTORS FOR THEIR APPROVAL A BALLOT MEASURE RELATING TO
THE CITY'S SERVICE USERS TAX
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. Recitals:
8
9 (a) California Constitution, Article XIII C, Section 2 (b) requires that no
10 local government may impose, extend, or increase any general tax unless and until that
11 tax is submitted to the electorate and approved by a majority vote.
12
(b) Pursuant to this authority, the Mayor and Common Council have adopted
13
14 Ordinance No. MC-999, which permits the continued collection and use of the 0.5%
15 increase of the service users tax beyond June 30, 1998, subject to the approval of a
16 majority of the voters.
17 (c) The Mayor and Common Council have adopted Resolution No.
18
submitting this extended general tax to the voters of the City.
19
20 SECTION 2. General Municipal Election Called
21 A general municipal election is called and will be held in the City of San
22 Bernardino on Tuesday, February 3, 1998 for the purpose of conducting a runoff
23 election for the Mayor's race pursuant to SBMC Section 2.56.150 and for submitting to
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the qualified electors of the City, for their approval or disapproval, the proposed
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26 ordinance amendment as set forth in Exhibit A attached hereto.
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Reso-utility tax 1 10/30/97
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 97-200 AND CALLING A GENERAL
2 MUNICIPAL ELECTION TO SUBMIT TO THE ELECTORS FOR THEIR APPROVAL
A BALLOT MEASURE RELATING TO THE CITY'S SERVICE USERS TAX.
3
4 SECTION 3. Measure.
5
The measure to be voted on at the general municipal election as it is to appear
6
on the ballot shall be as follows:
7
8 Shall the expiration date of June 30, 1998 be
eliminated from Ordinance No. MC-820 so as YES [ ]
9 to permit the City of San Bernardino to
10 continue to collect and use the increased 0.5% NO [ ]
service users tax beyond that date?
11
12 The measure shall be designated on the ballot by a letter printed on the left
13 margin of the square containing the description of the measure as provided in the
14
Elections Code of the Sate of California.
15
16 SECTION 4. Notice of Election.
17 The City Clerk is hereby directed to publish a notice of the general municipal
18 election which shall contain the following:
19 a. The date of the election.
20
21 b. The last day for receipt of arguments for or against the measure has been
22 established as 5:30 p.m. on November 24, 1997 at the City Clerk's Office, City Hall,
23 Second Floor, 300 North "D" Street, San Bernardino, CA.
24 c. That the last day for receipt of rebuttal arguments is 5:30 p.m. on December
25 3, 1997 at the City Clerk's Office at the above location.
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Reso-utility tax 2 10/30/97
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO REPEALING RESOLUTION NO. 97-200 AND CALLING A GENERAL
2 MUNICIPAL ELECTION TO SUBMIT TO THE ELECTORS FOR THEIR APPROVAL
A BALLOT MEASURE RELATING TO THE CITY'S SERVICE USERS TAX.
3
4 The City Clerk is directed to make arrangements to accept arguments and to
5
arrange for sample ballots, which shall include the text of the proposed ordinance
6
7 extending the collection and use of the increased 0.5% service users tax, in accordance
8 with Section 306 and Section 9600 et seq. of the Elections Code. This notice may be
9 combined with a notice of any other general municipal election to be held on the same
10 date.
11
SECTION 5. Conduct of Election.
12
13 The general municipal election called by this resolution shall be held in such
14 precincts and at such polling places as shall be determined by the City Clerk, and the
15 City Clerk shall conduct such election in all respects in conformance with the Charter
16 and the ordinances of the City of San Bernardino and with the applicable provisions of
17
the laws of the State of California.
18
19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
20 Mayor and Common Council of the City of San Bernardino at a
21 meeting thereof, held on the day of 1997, by the
22 following vote, to wit:
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Reso-utility tax 3 10/30/97
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERiNARDINO REPEALING RESOLUTION NO. 97-200 AND CALLING A GENERAL
3 MUNICIPAL ELECTION TO SUBMIT TO THE ELECTORS FOR THEIR APPROVAL
A BALLOT MEASURE RELATING TO THE CITY'S SERVICE USERS TAX.
4
5 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7
CURLIN
8
9 ARIAS
10 OBERHELMAN
11 DEVLIN
12 ANDERSON
13
MILLER
15 Rachel Clark, City Clerk
16
The foregoing resolution is hereby approved this day of
17 1997.
18
19
Tom Minor, Mayor
20 City of San Bernardino
21 Approved as to form and
22 legal content:
23 JAMES F. PENMAN
24 City Attorne
25 1
,a
By: /
26 '
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Reso-utility tax 4 10/29/97
Adopted: July 21, 1997
Effective: Contingent upon election to
be held on 11/4/97.
1 ORDINANCE NO. MC-999
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6 OF ORDINANCE NO. MC-820 ELIMINATING THE EXPIRATION DATE OF THE
3 0.5% INCREASE OF THE SERVICE USERS TAX.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Section 6 of Ordinance No. MC-820 is hereby amended to read as follows:
7 "Section 6. This ordinance shall take effect on July 1, 1992."
8 SECTION 2. This Ordinance shall only take effect if approved by a majority of the voters
9 voting in an election held on or before June 30, 1998.
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HTC/js[utilityIord] 1
MC-999
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
6 OF ORDINANCE NO.MC-820 ELIMINATING THE EXPIRATION DATE OF THE 0.5%
2 INCREASE OF THE SERVICE USERS TAX.
3
4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at aj t. Legmeeting thereof, held on the 21 day
6 of 1997, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
8
CURLIN _x
9
ARIAS x
10
OBERHELMAN
11
DEVLIN
12
ANDERSON x
13
MILLER x
14
15 �
16
City Fl rk
The foregoing Ordinance is hereby approved this �d
17 ay of Ty , 1997.
18 � ayor
19 City of San Bernardino
20 Approved as to form
and legal content:
21
JAMES F. PENMAN,
22 City Attorney
23 �
By:
24
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HTC/js [utilitylord] 2