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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