HomeMy WebLinkAbout20- City Attorney CITY OF SAN BERN '' RDINO - REQUEST FIR COUNCIL ACTION
(A) Resolution of the Mayor and Common Council of the
City of San Bernardino proposing the approval of a
From: James F. Penman Subject: graffiti prevention tax ordinance pursuant to Revenue
& Taxation §7287 et seq. (B) Resolution of the Mayor
Dept: City Attorney and Common Council of the City of San Bernardino
submitting to the electors a proposed graffiti
prevention tax ordinance and requesting that such
special municipal election be consolidated with
Date: February 23 , 1993 the special election conducted by the County of
San Bernardino.
Synopsis of Previous Council action:
February 15 , 1993 - Direction to City Attorney to prepare graffiti
prevention tax ordinance
Recommended motion:
Adopt: Resolutions
Signature
Contact person: Dennis A. Barlow Phone: 5255
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.--JCS=—��
CITY OF SAN BERN RDINO - REQUEST F /R COUNCIL ACTION
STAFF REPORT
At the meeting of the Mayor and Common Council of February 15,
1993, the City Attorney was requested to prepare an ordinance to
adopt a graffiti prevention tax pursuant to Revenue and Taxation
Code §7287 et seq. The proposed ordinance is also placed on this
agenda for your consideration. State law requires that this
ordinance be approved by 2/3 of the electors voting on the issue
before it is effective.
We understand that the County may have a special election
county-wide for June 8, 1993. The attached resolutions will call
and set the election for such approval on that date and request
consolidation with the county election. Should the county election
not be held, the council would need to give further direction as to
whether a special election should be called or whether this matter
should be scheduled at the next county election.
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROPOSING THE APPROVAL OF A GRAFFITI PREVENTION TAX
3 ORDINANCE PURSUANT TO REVENUE AND TAXATION CODE 57287 ET SEQ.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
5
SECTION 1 . Recitals.
6
7 ( a) In accordance with Revenue and Taxation Code §7287 et
8 seq. of the State of California, the Mayor and Common Council of
9 the City of San Bernardino, a municipal corporation, have
10 introduced and read a graffiti prevention tax ordinance.
11 (b) The Mayor and Common Council of the City of San
12 Bernardino desire to submit to the electors the ordinance so
proposed.
13
14 SECTION 2. Submittal to Electors. The following proposed
15 ordinance is submitted to the qualified electors of the City of
16 San Bernardino for their approval or rejection at the consolidated
17 municipal election to be held on Tuesday, June 8, 1993.
8 See Exhibit "A" attached hereto and incorporated herein.
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DAB:km[GRAFFITI.0RD] —1— February 22, 1993
j RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO PROPOSING THE APPROVAL OF A GRAFFITI PREVENTION TAX
2 ORDINANCE PURSUANT TO REVENUE AND TAXATION CODE §7287 ET SEQ.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
6
day of 1993, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
REILLY
10
HERNANDEZ
11
MAUDSLEY
12
MINOR
13
POPE-LUDLAM
14
MILLER
15
16
17 City Clerk
18 The foregoing resolution is hereby approved this day
of 1993.
19
20 W. R. Holcomb, Mayor
City of San Bernardino
21 Approved as to
22 form and legal content:
23 JAMES F. PENMAN,
City Attorney
24
25 BY - ten. 7 vi yc
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DAB:km[GRAFFITI.ORD) —2— February 22, 1993
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED GRAFFITI
3 PREVENTION TAX ORDINANCE AND REQUESTING THAT SUCH SPECIAL
MUNICIPAL ELECTION BE CONSOLIDATED WITH THE SPECIAL ELECTION
4 CONDUCTED BY THE COUNTY OF SAN BERNARDINO
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
6
SECTION 1 . Recitals.
7
8 A. Resolution No. has been adopted by the Mayor
9 and Common Council of the City of San Bernardino on this date,
10 March 8, 1993, submitting to the electors of the City of San
11 Bernardino a proposed ordinance, a copy of which is attached
12 hereto as Exhibit A, and is hereby incorporated herein as though
fully set forth.
13
B. It is desirable that the special municipal election to
14
consider said proposed ordinance be consolidated with the special
15
election conducted by the County of San Bernardino on Tuesday,
16 June 8, 1993; that within the City of San Bernardino the
17 precincts, polling g places and election officers for the two
18 elections be the same; that the Board of Supervisors of the County
19
of San Bernardino canvass the returns of the City election; and
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that the county special election and the special municipal
21 election be held in all respects as if there were only one
22 election.
23 SECTION 2. Special Municipal Election Called. A special
21 municipal election is called and will be held in the City of San
25 Bernardino on Tuesday, 8 1993 for the
y, purpose of submitting
26 to the qualified electors of the City, for their approval or
27 disapproval by two-thirds vote, the proposed ordinance, set forth
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DAB:km[GRAFFIT2.RES1 °1
1 in Exhibit A attached hereto.
2 SECTION 3. Request for Consolidation of Elections. Pursuant
3 to Section 23302 of the Elections Code, the Mayor and Common
4 Council of the City of San Bernardino request that the Board of
5 Supervisors of the County of San Bernardino consolidate the City's
6 special municipal election with the county special election to be
7 held on Tuesday, June 8, 1993.
8 SECTION 4. Measures. The measure to be voted on at the
9 special municipal election as it is to appear on the ballot shall
10 be as follows:
11
12 MEASURE APPROVES AN ORDINANCE FOR THE ORDINANCE
IMPOSING A TAX FOR FIVE YEARS ON THE
i3 SALE OF AEROSOL SPRAY PAINT CONTAINERS
OF $0. 10 AND ON MARKER PENS OF $0.05 ; AGAINST THE ORDINANCE
14
15 The measure shall be designated on the ballot by a letter
16 printed on the left margin of the square containing the
1'1 description of the measure as provided in the Elections Code of
n the State of California.
lc) SECTION 5. Canvass of Returns by Board of Supervisors. The
2() Board of Supervisors of the County of San Bernardino is hereby
21 authorized to canvass the returns of the special municipal
22 election called by this resolution and to conduct the special
23 election and the county special election in all respects as if
24 there were only one election with only one form of ballot.
25 Results of the municipal election shall be certified to the Mayor
26 and Common Council of the City of San Bernardino.
27 SECTION 6. Notice of Election. The City Clerk is hereby
28 directed to publish a notice of the municipal election which shall
DAB:km[GRAFFIT2.RES] -2-
1 contain the following:
2 A. The date of the election;
3 B. That the last day for receipt of primary arguments for or
4 against the measure has been established as 4:30 p.m. on
5 , in the City Clerk' s office, Second Floor, City Hall,
6 300 North "D" Street, San Bernardino, California;
7 C. That the last day for receipt of rebuttal arguments is
8 4:30 p.m. on in the City Clerk' s office at the
g above location.
10 The City Clerk is directed to accept arguments and arrange
11 for sample ballots, which shall include the text of the proposed
12 ordinance, in accordance with Section 5010, et seq. , and Section
13 5350 of the Elections Code.
14 This notice may be combined with a notice of any other
15 special municipal election to be held on the same date.
16 SECTION 7. Conduct of Election. The special municipal
17 election called by this resolution shall be held in such precincts
18 and at such polling places as shall be determined by the Registrar
19 of Voters of the County of San Bernardino. The Board of
20 Supervisors of the County of San Bernardino is hereby requested to
21 issue instructions to the Registrar of Voters to take all steps
22 necessary for the holding of the consolidated election. The Mayor
23 is hereby authorized to execute a contract for the services
24 necessary for conducting the municipal election.
25 SECTION 8. Filing of Resolution. The City Clerk of the City
26 of San Bernardino is directed to file a certified copy of this
27 resolution with the Board of Supervisors of the County of San
23 Bernardino.
DAB:km[GRAFFIT2.RE$] -3-
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SUBMITTING TO THE ELECTORS A PROPOSED GRAFFITI
2 PREVENTION TAX ORDINANCE AND REQUESTING THAT SUCH SPECIAL
MUNICIPAL ELECTION BE CONSOLIDATED WITH THE SPECIAL ELECTION
3 CONDUCTED BY THE COUNTY OF SAN BERNARDINO
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 1993, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 REILLY
11 HERNANDEZ
12 MAUDSLEY
13 MINOR
14 POPE-LUDLAM
15 MILLER
16
17
City Clerk
18 The foregoing resolution is hereby approved this day
19 of 1993.
20
W. R. Holcomb, Mayor
21 City of San Bernardino
22 Approved as to
form and legal content:
23 JAMES F. PENMAN,
24 City Attorney
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By:
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DAB:km[GRAFFIT2.RES] -4-