HomeMy WebLinkAboutMinutes 1982-08-09Mayor Roberta Cerri Teglia
Vice Mayor Mark N. Addiego
Council:
Ronald G. Acosta
Emanuele N. Damonte
Gus Nicolopulos
MINUTES
CITY COUNCIL
City Council Conference Room
August 9, 1982
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code
of the State of California, that the City Council of the City of South San Francisco
will hold a Special Meeting on Monday, the 9th day of August, 1982, at 10:00 a.m.,
in the City Council Conference Room, 400 Grand Avenue, South San Francisco, California.
Purpose of the meeting:
To consider the adoption of a Resolution to rescind Resolution
No. 75-82 which called a Special Municipal Election on November 2,
1982 to place a Measure before the voters to tax the business of
operating a commercial parking facility.
Ro~erta Cerri Teglia,f~or
City of South San Frar~sco
Dated: August 6, 1982
AGENDA
SPECIAL MEETING
PLEDGE OF ALLEGIANCE
CALL TO ORDER:
To consider the adoption of a Resolution
to rescind Resolution No. 75-82 which
called a Special Municipal Election on
11/2/82 to place a Measure before the
voters to tax the business of operating
a commercial parking facility.
ACTION TAKEN
SPECIAL MEETING
Recited.
lO:14 a.m. Mayor Teglia presiding.
Council present: Acosta, Nicolopulos,
Damonte and Teglia.
Council absent: Addiego.
City Manager Birkelo stated that the
Resolution before Council would rescind
Resolution No. 75-82 which called a
Special Municipal Election in November
for the purpose of asking for voter
approval of a parking tax category
to be inserted into the Business
License Ordinance. He stated that on
Thursday the Supreme Court made a
decision which had a bearing on
whether or not that Municipal Election
was now required. He stated that the
City Attorney would now brief Council
on that decision.
8/9/82
Page 1
AGENDA
ACTION TAKEN
To consider the adoption of a Resolution
to rescind Resolution No. 75-82 -
Continued.
City Attorney Rogers stated that the
subject decision had been handed down
by the Supreme Court of the State of
California on 8/5/82 and proceeded to
apprise Council of the case of the
City and County of San Francisco vs.
John C. Farrell. He stated that the
effect of this decision on the City
of South San Francisco appears to be
immediate and beneficial: that the
State has given local legislative
bodies the power to license for revenue
and regulation and to fix a license
tax upon every kind of lawful business
transacted in the City; that this
decision reaffirms that the legislative
body retains that power despite
Article 13A of the California Constit-
ution. He stated that based upon the
foregoing, it was his opinion that the
commercial parking facility license
tax which is contemplated to be put
before the voters on 11/2/82 is a
measure that is not legally required to
be placed before the voters. He
further stated that the Council may
pass the tax contained in that measure
as an Ordinance amending Title 6 of
the South San Francisco Municipal Code.
He stated that when a City placed a
tax and put it in the General Fund it
is not a Special Tax. He stated that
the case does not change anything to
do with real property tax which falls
under Proposition No. 13.
Discussion followed on the $5,000
estimate by the Clerk for the Measure
to be placed on the November Ballot;
that a minimun of three votes were
required to pass an Ordinance which
would take effect immediately as an
Urgency Ordinance because it affects
revenue; the revenue, which had not
been budgeted, would benefit the City
and would increase future years revenues;
information should be supplied for the
additional services required by the
imposition of the tax; the maintenance
districts which over cities are effecting;
information from Staff on projected
revenues through an increase in business
license taxes and a re-evaluation of
the business license tax structure.
8/9/82
Page 2
AGENDA
ACTION TAKEN
To consider the adoption of a Resolution
to rescind Resolution No. 75-82 -
Continued.
M/S Damonte/Acosta - To adopt the
Resolution.
RESOLUTION NO. 99-82
Carried by unanimous roll call vote.
Discussion followed on a challenge
to the legality of an Ordinance being
passed by parking facility operators;
a five percent minimum tax being placed
on parking facilities by other cities;
reservations by Council to place a
gross receipts tax on business licenses.
Consensus of Council - To place the
proposed Ordinance on the next agenda
for legislative action.
Councilman Acosta asked for a brief
Closed Session for discussion on a
personnel matter.
City Manager Birkelo passed a memo
to Council for information purposes on
CALTRANS which would be discussed at
the next meeting.
CLOSED SESSION
Council adjourned to a Closed Session
at 10:42 a.m. to discuss litigation
and personnel matters.
RECALL TO ORDER
The meeting was recalled to order at
ll:06 a.m., all Council present, no
action taken.
M/S Damonte/Acosta - That the meeting
be adjourned.
Carried by unanimous voice vote.
ADJOURNMENT:
Time of adjournment ll:07 a.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya
City of South San Francisco
APPROVED: -~
'-q~Oq~erta Cerri Tegl i a, Mayq~
City of South San Francis~6
The entries of this Council meeting show the action taken by the City Council to dispose
of an item. Oral presentations, arguments, and comments are recorded on tape. The tape
and documents related to the items are on file in the office of the City Clerk and are
available for inspection, review and copying.
8/9/82
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