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HomeMy WebLinkAboutReso 78-2007 RESOLUTION NO. 78-2007 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 TO INCREASE THE CITY'S EXISTING BUSINESS LICENSE TAX FOR GENERAL FUND PURPOSES, ESTABLISHING POLICIES AND PROCEDURES IN CONNECTION WITH SUCH AN ELECTION, AND REQUESTING THAT THE SAN MATEO COUNTY CHIEF ELECTIONS OFFICER CONDUCT SUCH AN ELECTION WHEREAS, in 1976, the City Council of the City of South San Francisco approved the imposition of a business license tax, codified as Chapter 6.04 of the South San Francisco Municipal Code (the "Business License Tax"), which provided from the imposition and collection of a general excise tax on the privilege of transacting and carrying on business in the City; and WHEREAS, the tax has not been significantly changed since 1976; and WHEREAS, data from the State Controller's Office indicates that the City's per capita business license tax revenue is significantly below the average of other cities in San Mateo County; and WHEREAS, the current tax does not grow each year to keep pace with inflation, and loses more and more value over time; and WHEREAS, following notice and a public hearing held on July ll, 2007, the City Council proposes an increase in the business license tax in the City; and WHEREAS, at said public hearing, the City Council heard public testimony from the voters regarding authorization of an increase in the business license tax rate; and WHEREAS, the tax to be submitted to the voters, if approved, would be imposed on business owners and operators for the privilege of doing business in the City. The base tax rate, plus the per employee rate and other cost items, to be determined by the City Council, would be increased by $lO per employee for most businesses and allowed to grow with inflation annually to maintain their value over time. The rates for other businesses would also changed, as listed in more detail in the attached ordinance. The tax shall be approved if the measure receives at least a majority of affirmative votes; 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 a question relating to an increase in the business license tax; 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 of the County of San Mateo canvass the returns ofthe Special Municipal Election and that the election be handled in all respects as if there were only one election; 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 l5060(c)(2) and 15378, subdivisions (2) and (4) of subdivision (b), this 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 1. The City Council is authorized to present a proposition to the voters for their consideration pursuant to Government Code section 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 amend the City's general business license tax, as authorized by California Government Code section 37101 and California Business and Professions Code sections l6000 et seq. This measure shall be designated by letter by the San Mateo County Registrar of V oters. Pursuant to Election Code Section 10400 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 INCREASES IN THE BUSINESS LICENSE TAX RATES FOR MOST BUSINESSES AND AUTOMA TIALL Y ADJUSTING ALL RATES ANNUALLY FOR INFLATION. To provide needed funding for general city services, including police, fire, YES street and park maintenance, and library programs, shall an ordinance be adopted increasing the annual business license tax for most business types, resulting in a $10 per employee annual increase for most businesses, and automatically adjusting all business license tax rates annually for inflation? NO Section 4. The full text ofthe proposed measure to be submitted to the voters is attached as Attachment 1 (the "Measure") hereto. Ifthe majority of qualified voters voting on the Measure shall vote in favor therefor, 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 l2l11 of the Elections Code and Section 606l 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 10, 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 of the 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 ofthe 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 of the 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 lO. 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 ofthe City of South San Francisco at a regular meeting held on the II 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: ~Lr.. &LA1 Interim City Clerkr