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HomeMy WebLinkAboutReso 77-2007 RESOLUTION NO. 77-2007 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ESTABLISHING NOVEMBER 6,2007 AS THE DATE FOR A MUNICIPAL ELECTION ON A PROPOSED BALLOT MEASURE SEEKING VOTER AUTHORIZATION FOR A COMMERCIAL PARKING TAX FOR GENERAL FUND PURPOSES, ESTABLISHING POLICIES AND PROCEDURES IN CONNECTION WITH SUCH AN ELECTION, AND REQUESTING THAT THE SAN MATEO CHIEF ELECTIONS OFFICER CONDUCT SUCH AN ELECTION WHEREAS, following notice and a public hearing held on July 11, 2007, the City Council proposes the creation of a parking tax to be imposed on persons parking motor vehicles within the City for a fee; and WHEREAS, the proposed tax would not apply to parking lots or metered parking operated by the City of South San Francisco, such as in the downtown area; and WHEREAS, at said public hearing, the City Council heard public testimony from the voters regarding the creation of such a parking tax; and WHEREAS, the proposed parking tax and would only be imposed as an alternative to the City's current business license tax on commercial parking facilities; and WHEREAS, the tax rate of the proposed parking tax would be 8% ofthe rent paid by persons parking motor vehicles within the City; and WHEREAS, the proposed parking tax would provide a more uniform tax structure for all commercial parking facilities operating within South San Francisco; and WHEREAS, by providing for a more uniform tax, the City of South San Francisco would also receive additional tax revenues to fund important services for its citizens, which have been reduced in recent years; and WHEREAS, under the provisions of the laws relating to general law cities in the State of California, an election shall be held on November 6, 2007, for the submission to the voters of the question of whether to enact a parking tax on persons parking motor vehicles within the City; and WHEREAS, it is desirable that the election be consolidated with the statewide election to be held on the same date, and that within the City, the precincts, polling places, and election officers of the two elections be the same; and WHEREAS, it is desirable that the County Election Department ofthe County of San Mateo canvass the returns of the Special Municipal Election and that the election be handled in all respects as if there were only one election; and WHEREAS, Elections Code sections 9280 to 9287 set forth the procedures for arguments in favor of and in opposition of any City measure; and WHEREAS, based on all of the information presented at the July ll, 2007 meeting, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) and l5378, subdivision (b)(4), this proposed tax does not constitute a project under CEQA, and therefore review under CEQA is not required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: Section l. The City Council shall present a proposed general tax to the voters for their consideration pursuant to Government Code sections 37100.5 and 53724. Section 2. The City Council hereby calls an election at which it shall submit to the qualified voters of the City of South San Francisco, a measure that, if approved, would adopt an eight percent tax on parking. This measure shall be designated by letter by the San Mateo County Registrar of Voters. Pursuant to Election Code Section l0400 et seq., the election for this measure shall be consolidated with the established election to be conducted on November 6,2007. Section 3. The ballot language for the proposed measure shall be as follows: MEASURE APPROVAL OF AN EIGHT PERCENT TAXON COMMERCIAL PARKING AS AN ALTERNATIVE TO THE EIGHT PERCENT BUSINESS LICENSE TAX ON COMMERCIAL PARKING FACILITIES. Shall an ordinance be adopted establishing an eight percent tax on commercial parking YES that would be imposed only as an alternative to the existing eight percent business license tax on commercial parking facilities? NO Section 4. The full text of the proposed measure to be submitted to the voters is attached as Attachment 1 ("the measure") hereto. If the majority of qualified voters voting on the Measure shall vote in favor therefore, the Measure shall be deemed adopted and shall be effective upon its adoption. Section 5. The City Clerk is hereby directed to cause notice of the measure to be published once in a newspaper of general publication in the City, in accordance with Section 12111 of the Elections Code and Section 6061 of the Government Code. Section 6. The City Clerk is directed to cause the posting, publication, and printing of notices and all other matters pursuant to the requirements of the Elections and Government Codes of the State of California. Section 7. (a) The City Council hereby requests that the San Mateo County Board of Supervisors consolidate the election called by this resolution with the statewide election to be conducted on November 6, 2007 and order the election to be conducted by the Chief Elections Officer. The City Clerk is directed to file a certified copy of this resolution with the Board of Supervisors and Chief Elections Officer on or before August lO, 2007. (b) The election on the measure set forth in Sections 3 and 4 shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein. In all particulars, the election shall be held in accordance with the Elections Code of the State of California. (c) The election on the measure set forth in Sections 3 and 4 shall be held in the City of South San Francisco on November 6,2007, as required by law, and the Board of Supervisors of San Mateo County is authorized to canvass the returns of the election with respect to the votes cast in the City of South San Francisco and certify the results to the City Council. (d) At the next regular meeting of the City Council occurring after the returns of the election for the measure set forth in Sections 3 and 4 have been canvassed and the certification of the results to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. Section 8. (a) The last day for submission of direct arguments for or against the measure shall be by 5:00 p.m. on Friday, August 17,2007. (b) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on Monday, August 27,2007. (c) Direct arguments shall not exceed three hundred words and shall be signed by not more than five persons. (d) Rebuttal arguments shall not exceed two hundred fifty words and shall be signed by not more than five persons; those persons may be different persons than the persons who signed the direct arguments. (e) The City Attorney shall prepare by Monday, August 27, 2007, an impartial analysis of the measure showing the effect of the measure. (f) The Mayor is hereby authorized to select two members of the City Council to prepare a written argument in favor ofthe proposed ordinance, not to exceed 300 words, on behalf of the City Council. At the Mayor's discretion, the argument may also be signed by members of the City Councilor bona fide associations or by individual voters who are eligible to vote. In the event that an argument is filed against the measure, the Mayor is also authorized to select two members of the City Council to prepare a rebuttal argument on behalf of the City Council, which may also be signed by members of the City Councilor bona fide associations or by individual voters who are eligible to vote. (g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies ofthe argument in favor ofthe measure to the authors of the argument against, and copies ofthe argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument, which it seeks to rebut. Section 9. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. Section 10. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the ordinance or measure to be printed. A copy of the ordinance or measure shall be made available to any voter upon request. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 11 th day of July, 2007 by the following vote: AYES: Councilmembers Mark N. Addiego, Joseph A. Fernekes and Karyl Matsumoto, Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTEST: ",,-;tic ~ Interim City Cl