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ORIGJiiAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
Rachel G. Clark
City Clerk
City Clerk
June 4, 1997
Subject:
Ballot Measure for
November 4, 1997 Election
Department:
Date:
Svnopsis of Previous Council Action:
5/5/97: Resolution No. 97-118 was adopted requesting that the City of San Bernardino's
Municipal Election be consolidated with the November 4, 1997 Consolidated Election to be
conducted by the County of San Bernardino.
Recommended Motions:
FORM MOTION #1: That the City Attorney's Office be directed to take appropriate action to
amend Resolution No. 96-188, adopted on July 1, 1996, establishing business registration fees by
changing fees in the following categories to:
1. San Bernardino Municipal Code Section 5.04.140 (Billiard or Pool Room) $100 per
poolroom per year for non coin-operated tables.
2. San Bernardino Municipal Code Section 5.04.150 (Vending Machine Sales and Automatic
Scale Weighing Devices) $2.00 per machine per year, but in no case less than $60.00 per year.
And, repeal San Bernardino Municipal Code Section 5.82.040 (Operator's Permit Fee).
(Motions Continued on Next Page)
Contact person: Rachel G. Clark. Citv Clerk Phone: extension 3210
Supporting Data Attached: Yes Ward: All
FUNDING REQUIREMENTS: Amount: exact amount unknown at this time: however.
funds have been allocated in 1997-98 budget for November election.
Source: (Account No.) 001-032-5505
Account Description): Elections
Finance:
Council Notes:
Agenda Item No. JJ
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Request for Council Action - continued
From: Rachel G. Clark. City Clerk
Date: June 4.1997
FORM MOTION #2: That the City Attorney be directed to prepare for the Council Agenda of July
7, 1997, the appropriate resolution required to place a ballot measure on the November 4, 1997
ballot relative to the following: "Shall the utility users tax which was increased .5% on June 5,
1995 pursuant to Ordinance No. MC-939, be continued beyond June 30, 1998?" and
FORM MOTION #3: That the City Attorney be directed to prepare an impartial analysis of the
measure.
~~J:;.~
Rachel G. Clark, City Clerk
Agenda Item No.
STAFF REPORT
DATE: June 4,1997
TO: Honorable Mayor and Members ofthe City Council
FROM: Rachel G. Clark, City Clerk
SUBJECT: Ballot Measures for November 4, 1997 Consolidated Election
COPIES: James F. Penman, City Attorney; Fred Wilson, Acting City Administrator; Barbara
Pachon, Director of Finance; Lee Gagnon, Business Registration Supervisor
BACKGROUND INFORMATION:
Proposition 218, which was approved by the voters in November 1996, 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 maioritv vote of the electors voting in the election
on the tax. Additionally, no local government may impose, extend, or increase any special tax
until the tax is submitted to the electorate and approved by a 2/3 vote of the electors.
Proposition 218 does not affect any taxes imposed, extended or increased prior to January I, 1995;
however, any general tax imposed, extended or increased between January I, 1995 and November
6, 1996 without voter approval must be submitted to the voters within two years [by the general
election on November 3, 1998] of Prop 218's effective date.
Elections for general taxes must be consolidated with a regularly scheduled general election for
members of the governing body proposing the tax, except in cases of an emergency declared by
unanimous vote of the governing body. There are no timing restrictions on elections to approve
special taxes.
Following is a description of the taxes which have been increased between January 1, 1995 and
November 6, 1996 and which must be submitted to the voters for the November 4, 1997 election if
they are to continue (assuming they are approved by a majority vote).
I. Business Registration Fees
In July 1996, business registration fee increases were approved for two categories of businesses --
billiard or pool rooms and vending machines, and an Operator's Permit Fee of $59.00 was newly
established. These increases/new fee were estimated to bring in annual increased revenue of
$59,599.
If the Mayor and Council wish to continue imposing these fees, we must submit a ballot measure
on the November 4, 1997 ballot seeking voter approval for the increases/new fee which were
approved in July 1996.
Staff Report (Continued)
To: Honorable Mayor and Members of the City Council
From: Rachel G. Clark, City Clerk
Subject: Ballot Measures for November 4, 1997 Consolidated Election
Date: June 4, 1997
It is proposed that rather than place these business registration fee increases/new fee on the
November ballot, that instead we roll back fees to rates which were in place prior to July 1996.
Therefore, recommend not placing these business registration fees on the November ballot.
If the Mayor and City Council concur, we recormnend the following form motion be adopted:
FORM MOTION: That the City Attorney's Office be directed to take appropriate action to
amend Resolution No. 96-188, adopted on July 1, 1996, establishing business registration fees
by changing fees in the following categories to:
1. San Bernardino Municipal Code Section 5.04.140 (Billiard or Pool Room) $100 per
poolroom per year for non coin-operated tables.
2. San Bernardino Municipal Code Section 5.04.150 (Vending Machine Sales and
Automatic Scale Weighing Devices) $2.00 per machine per year, but in no case less than
$60.00 per year.
And, repeal San Bernardino Municipal Code Section 5.82.040 (Operator's Permit Fee).
2. UTILITY USERS TAX
On June 5, 1995, the utility users tax was increased .5%; however, it sunsets on June
30,1998. If the .5% increase is to continue beyond June 30,1998, a measure must be placed
on the November 4, 1997 ballot giving the electorate an opportunity to vote on whether or
not to continue the .5% increase beyond the end of the 97/98 fiscal year.
Mid-year revenue projections assumed that the .5% portion of the Utility User's Tax
would not be approved; therefore, the .5% ($450,000) would only be collected for six
months. Based on recent discussions with the Mayor and legal counsel, the Preliminary
Budget now assumes that the .5% will be collected at least until it sunsets on June 30, 1998,
and will continue beyond June 30, 1998 if approved by the voters in November.
If the Mayor and City Council elects to place this matter on the November ballot, a
resolution placing the measure on the ballot must be adopted on Monday, July 7, 1997, and
filed with the County Board of Supervisors and Registrar of Voters.
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Staff Report (Continued)
To: Honorable Mayor and Members ofthe City Council
From: Rachel G. Clark, City Clerk
Subject: Ballot Measures for November 4, 1997 Consolidated Election
Date: June 4, 1997
Recommend the following form motions be adopted if the Mayor and Council wish to
place this item on the November 1997 ballot:
FORM MOTION #1: That the City Attorney be directed to prepare for the Council
Agenda of July 7,1997 the appropriate resolution required to place a ballot measure on the
November 4, 1997 ballot relative to the following: "Shall the utility users tax which was
increased .5% on June 5, 1995 pursuant to Ordinance No. MC-939, be continued beyond
June 30, 1998?" and
MOTION #2: That the City Attorney be directed to prepare an impartial analysis of
the measure.
If the Mayor and Council have any questions concerning these matters, please do not
hesitate to call me at extension 3210.
C(vJuL /d- ~
Rachel G. Clark, City Clerk
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