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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. 1 19 20 21 22 23 24 25 26 27 28 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 26 27 28 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 20 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 28 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 25 By: 26 27 28 DAB:km[GRAFFIT2.RES] -4-