HomeMy WebLinkAboutReso 90-2015 RESOLUTION NO. 90-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ESTABLISHING NOVEMBER 3,2015 AS THE
DATE FOR A MUNICIPAL ELECTION ON A PROPOSED
BALLOT MEASURE SEEKING VOTER AUTHORIZATION TO
ENACT A LOCAL ONE-HALF CENT (0.5%) TRANSACTIONS
AND USE("SALES")TAX TO MAINTAIN FISCAL STABILITY
AND ESSENTIAL SERVICES,ESTABLISHING POLICIES AND
PROCEDURES IN CONNECTION WITH SUCH AN ELECTION,
AND REQUESTING THAT THE COUNTY REGISTRAR
PERFORM CERTAIN ELECTION SERVICES IN CONNECTION
WITH SUCH ELECTION INCLUDING CONDUCTING THE
NOVEMBER 3, 2015 ELECTION FOR THE CITY OF SOUTH
SAN FRANCISCO WHOLLY BY MAIL PURSUANT TO THE
PILOT PROGRAM AUTHORIZED BY ASSEMBLY BILL 2028 IF
ALL OTHER AFFECTED JURISDICTIONS ALSO REQUEST
PARTICIPATION IN THE PILOT PROGRAM AT THAT
ELECTION, AND AUTHORIZING THE CITY MANAGER TO
REIMBURSE THE COUNTY FOR ELECTION SERVICES.
WHEREAS, the City of South San Francisco ("City") has a proud tradition of fiscal
responsibility,including balanced budgets during the recession that maintain services important to
our community; and
WHEREAS, in these recovering economic times the City must maintain current levels of
public safety and other essential services without worrying about future budget cuts; and
WHEREAS,residents want to maintain public safety services,including emergency response
times for police,neighborhood police patrols,crime prevention and gang suppression programs;and
WHEREAS,residents also want to provide programs for seniors and disabled residents;and
WHEREAS, residents want to maintain streets and fix potholes to prevent our roads from
falling into further disrepair and address at least$18 million in street maintenance and pothole repair;
and
WHEREAS,the proposed local revenue measure will be spent entirely on local services and
projects that benefit our community with no money for Sacramento and all funds for South San
Francisco; and
WHEREAS, while the City has been effectively addressing gang activities in South San
Francisco,we must continue to ensure that we have adequate local funds to address crime and keep
our city safe; and
WHEREAS,further budget cuts could jeopardize important public safety programs,such as
gang and crime prevention services,neighborhood police patrols and emergency response times from
police; and
WHEREAS,we need a reliable source of local revenue to maintain current levels of police
protection and gang prevention services now and in the future,without worrying about public safety
budget cuts; and
WHEREAS,we must exercise local control over funding in order to maintain firefighter and
paramedic services,neighborhood police patrols,and ensure rapid 9-1-1 emergency response among
other city services; and
WHEREAS, the ordinance includes comprehensive fiscal accountability provisions,such as
annual Independent Financial Audits and Citizens'Oversight of all expenditures,which will enhance
fiscal accountability and transparency; and
WHEREAS, the fiscal accountability safeguards will ensure funds are used efficiently,
effectively and as promised to voters; 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 3, 2015, for the submission to the voters of a
question relating to a local one-half cent (0.50%) sales 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,in 2014 the California Legislature and Governor approved Assembly Bill 2028
("AB 2028"), which is a pilot program permitting certain elections in San Mateo County to be
conducted wholly by mail if specific conditions are met; and
WHEREAS,pursuant to AB 2028,each jurisdiction may determine whether to participate in
this pilot program and whether to authorize its election on a given date to be conducted by mail,
provided, however, that election in question shall not be conducted by mail pursuant to the pilot
program unless all overlapping jurisdictions with elections on that same date so request; and
WHEREAS, if the election is authorized by all affected jurisdictions to be conducted
pursuant to the AB 2028 pilot program,various actions shall be taken to ensure that voter access and
turnout is protected, including but not limited to the following:
• At least one ballot drop-off location shall be provided in each city;
• A ballot drop-off location shall be open during business hours to receive ballots
beginning 28 days prior to the election through 8 p.m. on the night of the election;
• At least one polling place shall be provided per city between 7 a.m. and 8 p.m. on
election day for voters to request a ballot who did not receive a ballot or who need a
replacement ballot for any reason;
• At the request of any city,county,or district,the Chief Elections Officer may provide
additional ballot drop-off locations and polling places;
• All elections materials, including a prepaid return envelope for the ballot, shall be
provided to each voter;
• A list of ballot drop-off locations and polling places shall be delivered to each voter;
and,
• Polling places shall be located at an accessible location and equipped with voting
machines that are accessible to individuals with disabilities; and
WHEREAS, in general, the cost of conducting an election pursuant to the pilot program
described above is expected to be significantly less overall than a typical election, and this cost
reduction should translate to lower costs to each jurisdiction that participates in the pilot program
election compared to the typical election costs borne by each jurisdiction; and
WHEREAS,the San Mateo County Chief Elections Officer has reported that in San Mateo
County, 57%of registered voters are permanently registered to vote by mail,in the November 2013
Consolidated Municipal, School,and Special District Election over 76%of the ballots were cast by
mail, and in the June 2014 Primary Election over 77% of the ballots were cast by mail; and
WHEREAS, the Chief Elections Officer has stated an intention to have the November 3,
2015 Consolidated Municipal, School, and Special District Election be the first mail election
conducted pursuant to the AB 2028 pilot program in San Mateo County; and
WHEREAS,the South San Francisco City Council has considered the merits of the proposed
pilot election program and desires to participate in the pilot program given the protections for voter
access and participation in the election and anticipated cost savings to the City of South San
Francisco provided that at least two (2)Polling Places operate within the City on Election Day; and
WHEREAS, it is desirable that the County Election Department of the County of San Mateo
canvass the returns of the 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 22, 2015, 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 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 foregoing recitals and true and correct and hereby incorporated by
reference.
Section 2. The City Council is authorized to present a measure relating to a local
transactions and use tax to the voters for their consideration pursuant to Article XIIC of the
California Constitution, Government Code section 53724, and Elections Code sections 4001 and
9222, and Revenue and Taxation Code section 7385.9.
Section 3. 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 add a one-
half cent (0.5%) transaction and use ("sales") tax, as authorized by Revenue and Taxation Code
section 7285.9. This measure shall be designated by letter by the San Mateo County Registrar of
Voters. Pursuant to Election Code sections 4001 and 10400 et seq., the election for this measure
shall be consolidated with the established election to be conducted on November 3, 2015.
Section 4. The City Council of the City of South San Francisco authorizes the November
3, 2015 Election for the City of South San Francisco to be conducted wholly by mailed ballots
pursuant to AB 2028 pilot program, if at least two (2) polling places are operated in South San
Francisco on Election Day, it being understood that the Election shall occur wholly by mail on that
date only if all overlapping jurisdictions with elections on that date make the same request. If all
overlapping jurisdictions with elections on that date do not so request, the City of South San
Francisco election shall occur as normal on that date pursuant to the other provisions of the Elections
Code.
Section 5. The City Clerk of the City of South San Francisco is hereby directed to notify
the Secretary of State no later than August 7, 2015, of the City's intent to conduct an all-mailed
ballot election as outlined above.
Section 6. The City of South San Francisco shall separately send information regarding
the specifics of its November 3, 2015 Election to the San Mateo County Chief Elections Officer.
Section 7. The ballot language for the proposed measure shall be as follows:
To maintain South San Francisco services, including maintaining
neighborhood police patrols/911 response, programs for
seniors/disabled residents,crime/gang suppression programs,repairing YES
potholes/streets, maintaining youth/teen educational/recreational
programs,providing a police operations center that meets earthquake
safety codes,and other city services;shall South San Francisco levy a 1/2
cent sales tax for 30 years, with authority to incur debt to accelerate
projects, annual audits, citizens' oversight, no funds for Sacramento NO
and all funds for South San Francisco?
Section 8. 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
vote in favor therefor,the Measure shall be deemed adopted and shall be effective upon its adoption.
The Measure specifies that the rate of the transactions tax shall be one-half of one percent(0.5%)of
the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the
City;it specifies that the rate of the use tax shall be one-half of one percent(0.5%)of the sales price
of tangible personal property stored, used or otherwise consumed in the City. If approved, the tax
shall be in effect for 30 years. The State Board of Equalization shall collect the tax from retailers
subject to the tax and remit the funds to the City.
Section 9. 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 10. 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 11.
(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 3, 2015 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 9,2013.
(b) The election on the Measure 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 shall be held in the City of South San Francisco on
November 3, 2015, as required by law, and the 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 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 12.
(a) The last day for submission of primary arguments for or against the measure shall be by
5:00 p.m. on Friday, August 14, 2015.
(b) The last day for submission of rebuttal arguments for or against the measure shall be by
5:00 p.m. on Monday, August 24, 2015.
(c) Primary 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 from the persons who signed the
primary arguments.
(e) The City Attorney shall prepare by Monday, August 24, 2015, an impartial analysis of
the Measure showing the effect of the Measure.
(f) Mark Addiego is hereby authorized to submit a written argument in favor of the
Measure,not to exceed 300 words,on behalf of the City Council. The argument may be
signed by members of the City Council or bona fide associations or by individual voters
who are eligible to vote. In the event that an argument is filed against the Measure,Mark
Addiego is also authorized submit a rebuttal argument on behalf of the City Council,
which may be signed by members of the City Council or bona fide associations or by
individual voters who are eligible to vote, who may be different from the persons who
signed the primary argument.
(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 of the argument in favor of the Measure to the
authors of the argument against,and copies of the 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 that it
seeks to rebut.
Section 13. 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.The City Clerk's Operating
budget is hereby amended to include an additional$10,000 for the projected additional election costs
that would be charged to the City for this ballot measure. Funds will come from the General Fund
Undesignated Reserve.
* * * *
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 22nd day of July,
2015 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
/'
ATTES I.
Acting City Clerk