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HomeMy WebLinkAbout27- Administrator's Office CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Authorization of Mayor Minor to submit the ballot argument in Dept: Administrator ' s Office favor of the measure related to Am fAP PI the Transient Lodging Tax. Date: November 7, 1997 d 01i Synopsis of Previous Council action: 11%06/97 -- Council approved Ordinance No. 97-340 - An ordinance of the City of San Bernardino repealing Chapter 3 . 52 of the San Bernardino Municipal Code and adding Chapter 3 . 54 to the San Bernardino Municipal Code relating to Transient Lodging Tax. Recommended motion: That Mayor Minor be authorized to submit a ballot argument in favor of the measure being submitted to the voters on February 3, 1998, related to continuance of the Transient Lodging Tax, and permit the Mayor to add additional co-authors to the argument as he deems appropriate . Signature Contact person: Fred Wilson Phone: 5122 Supporting data attached: Yes Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: 75-0262 Agenda Item No. °�� STAFF REPORT Background On November 6, 1997, the Council voted to place on the February 3, 1998 ballot a measure related to whether or not an ordinance of the City of San Bernardino, repealing Chapter 3.52 and adding Chapter 3.54 to the San Bernardino Municipal Code, shall be approved so as to permit the City of San Bernardino to continue to collect and use Transient Lodging Tax. This action was prompted by Court action related to the City's existing Transient Occupancy Tax (TOT) ordinance. Ballot Ar uments Resolution No. 97-340, adopted on November 6, 1997, established deadlines for submission of arguments for and against ballot measures which will appear on the ballot for the February 3, 1998 election. The last day for receipt of arguments is 5:30 p.m. on November 24, 1997, at the City Clerk's Office, 300 North "D" Street, San Bernardino. The last day for receipt of rebuttal arguments is 5:30 p.m. on December 3, 1997, also at the City Clerk's 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. 1 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 measure. This authorization would give the Mayor authority to add additional co-authors to the argument as he deems appropriate. 2