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HomeMy WebLinkAbout2003-11-05 PRA OlsenITEM N0: 9b MEETING DATE: November 5. 2003 AGENDA SUMMARY REPORT SUB7ECT: I. ADOPTION OF ORDINANCE ADOPTING CHAPTER 8.C OF DIVISION 1 OF THE UKIAH CITY CODE IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION II. ADOPTION OF RESOLUTION CALLING FOR A SPECIAL MUNICIPAL ELECTION FOR TWO BALLOT MEASURES At the October 15, 2003 City Council meeting, the Council directed staff to prepare the necessary documents for two ballot measures to place on the March 2004 election. The first ballot measure was to request the voters' approval of making the position of City Clerk appointive rather than elective. The second measure was to adopt a special one- half percent sales tax to fund public safety services. (Continued on page 2) RECOMMENDED ACTION: Adopt ordinance approving sales tax increase and approve resolution calling for a special municipal election. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide alternate direction to staff. Citizens Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Candace Horsley, City Manager Coordinated with: Dave Rapport, City Attorney Attachments: 1. Resolution calling for special municipal election 2. Proposed ordinance approving sales tax increase 3. Agreement between Mendocino County and election services 4. SB 566, Sales Tax Measure 5. Letter from Board of Equalization Approved: Candace Horsley, Ci Manager 4: CAN/ASR. BallotM easures.110503 City of Ukiah for Attached for Council's review is a resolution which calls for a special municipal election, consolidating the municipal with the Presidential primary election and presenting ballot Measure A for the office of City Clerk to be appointive, and Measure B for the adoption of a transactions and use tax of one-half percent. Measure A can be approved by a simple majority of voters, while Measure Brequires atwo-thirds vote for adoption. The Sales Tax Measure, SB 566, as signed by the Governor on October 8, 2003 is attached for your review. This bill adds two new sections to the revenue and taxation code, which authorize cities to adopt sales tax measures. To increase the sales tax, the City Council, by two-thirds vote, must approve an ordinance imposing the tax and the ordinance must include an expenditure plan, describing the specific areas for which the revenues from the tax must be expended. In order to enact this ordinance and proceed with the sales tax ballot measure, the Board of Equalization must be involved in approving our ordinance, as they are responsible for administering any sales tax increase. The City Manager received a call from the Board of Equalization to inform the City of the requirements. The steps required by the Board of Equalization are: 1. The City must prepare an ordinance, based on the Board of Equalization's model, and then have them "bless the ordinance" for City Council adoption. At this time, the Board of Equalization has approved the City Attorney's version of the ordinance, which is attached for Council's adoption. 2. The day after the election, the City is required to contact the Board of Equalization to let them know whether the measure passed. Two contracts will be prepared, one to pay for the set up of the new sales tax, and the second to pay for ongoing administration of the tax. Attached for Council's review and adoption are the documents prepared by the City Attorney which include the resolution calling for a special municipal election for the City Clerk and Sales Tax ballot measures; the ordinance adopting the sales tax increase to be administered by the State Board of Equalization; and the agreement between the City and County for election services. Staff is requesting Council's adoption of the resolution and ordinance. 2 ~: SRGHPvIEtdl'~_ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING FOR A SPECIAL MUNICIPAL ELECTION, CONSOLIDATING SPECIAL MUNICIPAL ELECTION WITH PRESIDENTIAL PRIMARY ELECTION, PRESENTING TWO BALLOT MEASURES (1) TO MAKE THE POSITION OF CITY CLERK APPOINTIVE RATHER THAN ELECTIVE, AND (2) TO ADOPT AN ORDINANCE IMPOSING A SPECIAL ONE-HALF PERCENT TRANSACTIONS AND USE TAX TO FUND PUBLIC SAFETY SERVICES, TRANSMITTING MEASURES TO CITY ATTORNEY FOR IMPARTIAL ANALYSIS AND AUTHORIZING ARGUMENTS AND REBUTTAL ARGUMENTS IN FAVOR OF MEASURES. WHEREAS, 1. Election Code Section 10403 authorizes the City Council of the City of Ukiah ("City") to request the Mendocino County Board of Supervisors to consolidate a special municipal election with the statewide presidential primary election scheduled for March 2, 2004; and 2. The City Council shall set forth in the resolution the exact form of any ballot measures to appear on the election ballot and other matters necessary or convenient to call a special municipal election and consolidate it with a statewide election; NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council hereby calls a special municipal election for March 2, 2004. 2. The City Council authorizes ballot propositions for said election as follows: a. The following ballot propositions in the following form shall be presented to the voters at the consolidated election: MEASURE A Shall the office of City Clerk be appointive? ^ Yes ^ No MEASURE B Shall Ordinance No. be adopted to impose a transactions (sales) and use tax at a maximum rate of one-half of one percent to be used exclusively for the provision of public safety (police, fire and emergency medical) services within the city limits of the City of Ukiah. ^ Yes ^ No b. Measure A shall be considered approved if a simple majority of the voters voting in said election cast a "yes" vote. Measure B shall be considered approved, if a two-thirds majority of the voters voting in said election cast a "yes" vote. c. Measure B form: City of Ukiah Ordinance No. _, enacted by the voters pursuant to subsection 2.b of this Resolution, shall be in the form set forth in Attachment 1. 3. The City Council hereby requests the Mendocino County Board of Supervisors to consolidate the special municipal election with the statewide presidential primary election scheduled for March 2, 2004, and to enter a contract with the City for the provision of election services by the County in the form set forth in Attachment 2. 4. The City Clerk shall transmit a copy of the ballot measures set forth in section 2.a of 2 this Resolution to the City Attorney for the prepazation of an impartial analysis as required by Elections Code Section 9280. 5. By no later than November 14, 200, the City Clerk shall post notice of the deadline for filing ballot arguments for or against a measure. Ballot azguments for or against a measure must be filed by November 25, 2003. Rebuttal azguments must be filed by December 5, 2003. If any azgument is submitted in opposition to the measure, the Mayor is hereby authorized to file a rebuttal azgument on behalf of the City Council as authorized by Elections Code Section 9285. PASSED AND ADOPTED by the City Council of the City of Ukiah on this _ day of November 2003, by the following roll call vote: AYES: NOES: ABSTAINING ABSENT: Eric Lazson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk