Loading...
HomeMy WebLinkAboutReso 71-2001RESOLUTION NO. 71-2001 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO A RESOLUTION TO PLACE BEFORE THE VOTERS OF THE CITY OF SOUTH SAN FRANCISCO AN ORDINANCE CONFIRMING AND APPROVING THE COMMERCIAL PARKING FACILITY LICENSE TAX AT EIGHT PERCENT OF GROSS RECEIPTS WHEREAS, the City Council desires to submit to the voters at the General Election on November 6, 2001, an initiative measure approving and confirming the Commercial Parking Facility License Tax at eight percent of gross receipts; and WHEREAS, this resolution and the ordinance attached hereto is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378, Subdivision (b)(4) as the proposed ordinance relates governmental funding mechanisms that do not involve any commitment to fund a specific project and to CEQA Guidelines Section 15061(b)(3) because modification to the Commercial Parking Facility License Tax will not have an impact on the environment. In addition, this resolution and the ordinance attached thereto is exempt from CEQA pursuant to CEQA Guidelines Section 15273 because the ordinance, if upon approval by the electorate, will provide general fund revenues that may be used to find City operating expenses, including employee wages and benefits, purchasing supplies, meeting financial reserve needs of the City among other expenses. Although identified herein, these expenses are only examples of use of funds received from the Commercial Parking Facility License Tax. The actual use of the funds will be for general governmental purposes and the expenditure of such funds shall be within the discretion of the City Council. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby resolve as follows: Section 1 That the City Council orders submitted to the voters at the General Election on November 6, 2001 the following question: Shall an ordinance be adopted confirming and approving a previously authorized increase in the South San Francisco commercial parking facility business license tax, which is a tax that applies only to the gross receipts received by commercial parking companies, from four percent of gross receipts to eight percent of gross receipts? YES NO Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 The ordinance to be enacted by the voters pursuant to Section 1 above shall be in the form set forth in Exhibit A, attached hereto. This measure is submitted to the voters pursuant to Elections Code § 9222. The ballots used at the election shall be in the form and content as is required by law. The City Attorney is hereby directed to prepare an impartial analysis. This resolution shall take effect immediately. Notwithstanding the effective date of this resolution, the tax imposed pursuant to this resolution as set forth in Exhibit A shall not become effective until ten the City Council declares that the ordinance included her, submitted to and approved by a majority vote of the el November 6, 2001 election. (10) days after · ,with has been =,ctorate at the The City Council authorizes Joseph Fernekes and Eugene Mullin to prepare a written argument in favor of the ballot proposition, on behalf of the City Council, not to exceed 300 words. The City Council also authorizes submission of rebuttal arguments not to exceed 250 words. The City Council authorizes Joseph Fernekes and Eugene Mullin to prepare and submit a written rebuttal argument in the event a written argument opposing the ballot proposition is submitted. The City Clerk is hereby 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. The City Clerk is further directed to transmit a copy of this resolution to the San Mateo County Registrar of Voters and Elections Officers of San Mateo County on or before August 10, 2001. 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 special meeting held on the 18th day of July, 2001, by the following vote: AYES: Councilmembers Pedro Gonzalez, Karyl Matsumoto and John R. Penna, Mayor Pro Tem Eugene R. Mullin and Mayor Joseph A. Femekes NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: City Clerk EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO CONFIRMING AND APPROVING AN INCREASE TO THE CITY OF SOUTH SAN FRANCISCO COMMERCIAL PARKING FACILITY LICENSE TAX THE PEOPLE OF THE CITY OF SOUTH SAN FRANCISCO 730 ORDAIN AS FOLLOWS: Section 1 Purpose The purpose of this Ordinance is to confirm and approve an increase in the existing City of South San Francisco Commercial Parking Facility License tax from four pe:cent (4%) to eight percent (8%) of gross receipts received by commercial parking facilities. Section 2 Amendment to Section 6.16.047 of the SOuth San Francisco Municipal Code Subsection (c) is hereby amended to read as follows: The license tax payable by operator shall be eight percent of the gross receipts received from facilities operated within South San Francisco without deduction therefrom. Section 3 Severability and Interpretation This ordinance shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, subsection, sentence, clause, phrase, pal% or portion of this initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The People of the City of South San Francisco hereby declare that this ordinance, and each section, subsection, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this ordinance is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this ordinance that can be given effect without the invalid application. This ordinance shall be broadly construed in order to achieve the purposes stated in this ordinance. Section 4 Amendment or Repeal: This ordinance may be amended or repealed only by a vote of the PeOple of the City of South San Francisco. Section 5 Challenge to Tax: Any action to challenge the tax imposed by this ordinance shall be brought pursuant to Code of Civil Procedure Section 860 et seq. Section 6 Effective Date: This ordinance shall be effective ten days after the City Council declares that this ordinance has been submitted to and approved by a majority vote of the voters of South San Francisco.