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HomeMy WebLinkAboutS6- City Clerk i 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 ------------------------------------------------------------------------------------------------------------------------ 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 24 the qualified electors of the City, for their approval or disapproval, the proposed 25 26 ordinance amendment as set forth in Exhibit A attached hereto. 27 28 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. 26 27 28 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: 23 24 25 26 27 28 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 ' 27 28 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. 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 25 26 27 28 HTC/js [utilitylord] 2