R-10333City Council Meeting 7-23-08 Santa Monica, California
RESOLUTION NUMBER. ioss~CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE-CITY OF SANTA MONICA SUBMITTING TO THE VOTERS
A MEASURE PROPOSING TO AMEND PROVISIONS OF CHAPTER 6.72 OF THE
SANTA MONICA MUNICIPAL CODE RELATING TO THE- UTILITIES TAX AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008,
AND
AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR
OR AGAINST THE PROPOSITION AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
WHEREAS, the City of Santa Monica currently levies a Utility Users' Tax
("UUT"); and
WHEREAS, since 1969, the residents of Santa Monica have paid a UUT
on telephone services; and
WHEREAS, over the past 39 years, communications technology has changed
and voter approval is necessary for any updates to the UUT; and
WHEREAS, to keep pace with technology advances, the City must modernize its
UUT language and ratify the existing rate -with no rate increase - so all taxpayers are
treated the same regardless of the technology used today; and
WHEREAS, the City depends on the telecommunications portion of the
tax to fund essential city services; and
WHEREAS, the telecommunications portion of the UUT provides
approximately $12 million of support for programs and services that are important
to Santa Monica residents and the community; and
WHEREAS, revenues from the UUT are used to fund City services like
after school and summer programs for Santa Monica youth, neighborhood police
patrols, the domestic violence programs and 9-1-1 emergency response and
paramedic services, parks and recreation, police, and fire services; and
WHEREAS, many residents live in Santa Monica because it offers a
higher level of service, programs and quality of life than neighboring cities and
the UUT is an important revenue source and preserving it will ensure that out
City can maintain and improve the high quality of public safety, parks and
recreation programs and progressive programs that is expected; and
WHEREAS, the measure updates, the law without any increase to the
existing-tax rate; and
WHEREAS, existing protections that exempt low-income seniors and
disabled residents from paying the UUT will remain in place; and
WHEREAS, all city revenues are subject to annual independent audits with
public review of the Budget being available on-line and at the library; and
WHEREAS, on June 10, 2008, the City Council adopted a Resolution calling for
and giving notice of a General Municipal Election on November 4, 2008; and
WHEREAS, California Elections Code Section 9222 authorizes the governing
body of a city to place a proposed ordinance on the ballot; and
WHEREAS, the City Council of the City of Santa Monica wishes to place the
following proposition amending Chapter 6.72 of the Santa Monica Municipal Code on
the ballot at the General Municipal Election to be held on November 4, 2008,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AND PROCLAIM AS FOLLOWS:
SECTION 1. A General Municipal Election has been called for or November 4,
2008, for the purpose, among other things, of submitting measures and ballot
propositions to the voters.
SECTION 2. At the General Municipal Election called for November 4, 2008, the
following initiative proposition shall be submitted to the qualified electors of the City of
Santa Monica:
PROPOSITION " ": Shall an ordinance be adopted #a
continue and update Santa Monica's Utilities Tax on Yes
telecommunication services to fund City activities including
police, fire, paramedic and emergency services, school
and afterschool programs, gang and drug prevention
programs, parks and recreation programs, environmental
protection and other general fund services, with tax- No
exemptions for low-income seniors and disabled residents,
with provisions ensuring equal treatment of taxpayers
regardless of technology used, and with expenditures
subject to independent annual audits?"
SECTION 3. The City Clerk shall transmit to the City Attorney, in accordance
with Elections Code Section 9280, a copy of the initiative measure. The City Attorney
shall prepare an impartial analysis of it, which analysis shall not exceed 500 words in
length each. The impartial analysis shall be filed by the date set by the City Clerk for
the filing of primary arguments. In accordance with Santa Monica Municipal Code
Section 11.04.190 and California Elections Code Section 9295, not less than 10
calendar days before the City Clerk submits the official election materials for printing,
the City Clerk shall make a copy of all applicable elections materials available for public
examination in the City Clerk's office.
SECTION 4. The City Council authorizes its members, as follows, to file written
arguments for or against the measure described above and which is contained in
Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein:
FOR: Councilmember Holbrook and Councilmember O'Connor
AGAINST: rr/a
All written arguments filed by any person in favor of or against any measure,
including any rebuttal arguments, shall be accompanied by the names and signatures of
the persons submitting the argument as required by applicable law, and any names,
signatures and arguments may be filed until the time and date fixed by the City Clerk in
accordance with applicable law, after which no change may be submitted to the City
Clerk unless permitted by law.
SECTION 5. The City Clerk shall cause the text of the initiative measure, which
is contained in Exhibit 1, together with the City Attorney impartial analysis, and any
arguments for or against. the measure, as well as any rebuttal, to be mailed to all
qualified voters with the sample ballot. In addition to other notices and publications
required by law, the City Clerk, not less than forty (40) days and not more than sixty (60)
days before the General Municipal Election, shall cause the text of the measure to be
published once in the official newspaper and in each edition thereof during the day of
publication. The City Clerk is authorized to give such notices and to fix such times and
dates as are required by law or which are appropriate to conduct properly the election.
SECTION 6. The provisions of Resolution Number 10299 (CCS) are referred to
for more particulars concerning the General Municipal Election to be held on November
4, 2008 and in all. respects the election shall be held and conducted as provided for by
applicable law. The City Clerk is authorized and directed to procure and furnish any
official ballots, notices, printed materials and all supplies or equipment that may be
necessary in order to properly and lawfully conduct the election.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
MAF~ ~ HA J~I ES MOLyTRIE
CityiAttorn y~ I,
Adopted and approved this 23`d day of July, 2008.
~~z-~
Ri and Bloom, Mayor Pro Tem
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Resolution No. 10333 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 23`d day of July, 2008, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
Council members: Genser, Holbrook, McKeown, O'Connor,
Mayor Pro Tem Bloom
Council members: None
Council members: None
Council members: Shriver
Mayor Katz
ATTEST:
Maria Stewart, Cit Clerk