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HomeMy WebLinkAbout6.5 EmerMedSvsOrd CITY CLERK File # D[l2J~[Q]-(3][QL 5:2..0- '10 . AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 4, 1997 Ordinance Imposing an Excise Tax for Emergency~Medical Sen'ices (Report prepared by Elizabeth H. Silver, City Attorney, and Paul Rankin, Assistant City Manager) SUBJECT: EXHIBITS ATTACHED: . RECOMMENDATI~N: ) . 2) , 3) 4) 5) 1) Proposed Urgency Ordinance Imposing an Excise Tax for Emergency Medical Services 2) Resolution Submitting a Proposition to the voters of Dublin to Adopt an Excise Tax for Emergency Medical Services; Calling a Special Election and consolidating the Special Election with a Special County Election on June 3, 1997; and Related Matters 3) Resolution Requesting the Board of Supervisors of Alameda County to Permit the Registrar of Voters to Provide Services for the City of Dublin Special Municipal Election to be held June 3, 1997 4) Budget Change Form 6) Open Public Hearing Receive Staff Report & Public Comments Close Public hearing and deliberate Waive reading and adopt ordinance (Exhibit 1); Adopt Resolution Submitting a Proposition to the voters of Dublin to Adopt an Excise Tax for Emergency Medical Services; Calling a Special Election and consolidating the Special Election with a Special County Election on June 3, 1997; and Related Matters (Exhibit 2) Adopt Resolution requesting the Board of Supervisors to permit the Registrar of Voters to provide services for the June 3, 1997 election (Exhibit 3) Adopt the Budget Change Form 7) If enacted, the proposed EMS tax would generate approximately $71,530 in FY 1997-98, which is approximately $44,200 more than was generated in FY 1996-97 by the EMS Supplemental Assessment. The estimated cost of the election is to be $14,850. FINANCIAL STATEMENT: .--------------------- --CO-PI~ST()~-------------------------------- ITEM NO.~1j Wcc-forms/agdastm t.doc DESCRIPTION: At the February 4, 1997 Council meeting, the Council considered a report on the implementation of Proposition 218. One of the recommendations which the Council approved was to place a special tax on the June 1997 ballot for emergency medical services. Several actions are required to place a tax on the June ballot. The Council must: · adopt the Emergency Medical Services Tax by ordinance; · adopt a resolution calling a special election and taking various actions related to the . election; and" .. _ . _._ · adopt a resolutiOIl. requesting the County to conduct the election": Background ofEmergen~ Medical Services Available Emergency medical services are provided in the City currently by the Dougherty Regional Fire Authority (Authority) and by a private ambulance/paramedic service provider (AMR). AMR's costs are subsidized - by the Alameda County Emergency Medical Services District (EMS District). In addition to subsidizing ambulance costs, the EMS District, through an assessment, provides funding for three trauma centers and emergency medical dispatch. AMR's ambulances are staffed with paramedics who can provide advanced life support. The coverage provided by AMR ambulances are intended to arrive at the' scene within 10 minutes 90% of the time. Before the ambulance with the paramedics arrive, basic life support is provided by the Authority's fire personnel. "Basic Life Support" consists generally of emergency lifesaving procedures that focus on the patient's airway, breathing and circulation. "Advanced Life Support" consists of advanced lifesaving procedures, such as cardiac monitoring, starting IV fluids, giving medications, manual defibrillation, and using advanced airway adjuncts. The Authority's firefighters are certified as emergency medical technicians (EMT's) but not as paramedics. EMT's can provide "Basic Life Support" whereas paramedics can provide advanced life support. When a call for medical services is received, the Authority is typically the first unit to respond although occasionally an ambulance (AMR), with a paramedic, may arrive sooner. The Authority's response time is typically five minutes or less whereas, as noted, the ambulance's response time is generally ten minutes. The Authority's firefighters are EMT's and can, thus, provide "Basic Life Support" until the paramedics arrive who can provide "Advanced Life Support". . The Authority will cease to be the fire service provider in the City of Dublin beginning July 1, 1997. At that time the services will be provided through a contract with Alameda County Fire Department. The level of service to be provided will include two paramedic units on duty in Dublin at all times. This is achieved by training firefighters as paramedics. Therefore, when the fire unit arrives on scene there will be a paramedic available to begin rendering aid. The initiation of this program actually began with DRF A, however, the full implementation will not occur until after the change in service providers. One factor in deciding to provide paramedic services on the fire apparatus, was a change in the response time criteria applied to the AMR contract with the County. The County found it necessary to increase response times in an effort to contain the countywide EMS costs within their available revenue sources. Purpose of Special Tax The Emergency Medical Services Tax would provide funding for some of the costs of supervising, training and compensating firefighter/paramedics, purchasing required equipment and supplies and maintaining such equipment and supplies. The funds would offset a portion of the costs associated with havi~g twohfirefighter/paramedic units on duty 24 hours a day to respond to calls for emergency medical.. servIces. T e average time a person must wait for Advanced Life Support, will be cut in half from ten minutes to five minutes. -;)..- The EMS District is placing a countywide special tax measure on the ballot in the amount of $21.14 .per Benefit Unit to provide for a continuation of funding for the ambulance subsidy, the trauma centers, emergency medical dispatch and other ?Spects of the County program. The proposed City tax is separate from the proposed EMS District tax. If the City tax passes and the EMS District tax fails, the City will still be able to use the tax proceeds for Emergency Medical Services. ~aSiS On Which The Tax Will Be Levied The tax is based on a "benefit unit" with different land uses assigned a different nuriibercOf "benefit units." The weighted land use classification system was developed in 1983 by the EMS District and the Alameda County Assessor. . Under this classification system, "benefit units" were assigned to various land use types based on a County-wide survey of the demand for service generated by the land use. A single family unit is one "benefit unit." Because multiple family units in Dublin have lower occupant densities than single family units (Dublin General Plan Table 2A [3.2 persons/unit single family; 2.0 persons/unit multiple family]), the staff believes it is appropriate to modify the weighted classification system developed in 1983 by the EMS District and the Assessor. The tax on multiple family units would be 60% of the tax on a single family unit, which reflects the lower occupant densities of multiple family units. Non-residential uses are assigned "benefit units" based on use ranging from two to seven. Parcels which are unimproved contain no occupants who may avail themselves of emergency medical services and thus would be exempt from the tax. The availability of emergency medical services is a benefit to all occupants of property even if such services are not presently used by an occupant. Such services will enhance the health, safety, welfare and environment of all residents of Dublin and improve their quality of life both directly and indirectly. For this reason the tax would be on the occupant of properties in the City Parcels which are improved but vacant contain no occupants who may avail themselves of emergency medical services. Staff believes it . is appropriate that owners of vacant improved parcels be eligible to receive a refund of the tax if they can .ove that the parcel was vacant for more than six months. According to the County Assessor's records, approximately 69% of Dublin's residential units are owner- occupied and approximately 66% of all parcels are occupied by the property owner. For this reason even though the tax is on the occupant, it is practical to require the owner to collect and remit the tax to the City because over two-thirds of those liable for the tax are property owners. This system is similar to a utility user's tax or transient occupancy tax, both of which are excise taxes and both of which are typically imposed on the user but collected by the provider. The owner can recover the tax from the occupant. The proposed tax would be an excise tax because it is a tax on the privilege of using and the availability of use of emergency medical services. Because the tax proceeds will be deposited in a special fund to be used for emergency medical services, the tax is a special tax requiring a two-thirds vote. Tax Ordinance The proposed ordinance (Exhibit 1) would impose an excise tax in the amount of$lO per year per Benefit Unit on all occupants of improved property to be placed into a special fund for use for emergency medical services only. The Benefit Units for different types of uses are included in Section 3.32.050 of the proposed ordinance. The tax would be due on July 1 of each year but could be paid in two installments due December 10 and April 10. ~e property owner would be required to collect the tax. The City could contract with the County to have . tax collected along with property taxes. The tax would not, however, be a lien on the property but would be a personal obligation of the taxpayer. The draft ordinance provides for penalties if the tax is not - ~- paid; provides for a refund if the property is improved but unoccupied; and provides for adoption of guidelines for administrative matters, if necessary. Although the proposed ordinance would become effective immediately because it provides for the usual expenses of the City, consistent with Proposition 218 the tax itself would not become effective unless approved by a vote of two-thirds of the electorate voting at the June 1997 election. . Election Resolutions The first resolution (Exhibit 2) is required to submit a proposition to the voters; to call a special election and to consolidate it with the Countywide special election on June 3, 1997; to provide for rebuttal arguments; to establish the dates for the impartial analysis, arguments in favor and rebuttal arguments; and to designate Councilmembers Howard and Lockhart to write the argument in favor of the proposition. The Agreement in favor must be submitted by March 17. The second resolution (Exhibit 3) requests the Board of Supervisors to permit the Registrar of V oters to conduct the election. The cost of the election is estimated to be $14,850. The actual cost will depend on the number of registered voters and costs incurred by the County Registrar of Voters in conducting the election. Since this activity has not been previously addressed in the Budget, it will be necessary to consider a Budget Adjustment (Exhibit 4), which will provide for an additional appropriation from unallocated General Fund reserves. Recommendation Staff recommends that the Council conduct a public hearing and take the following actions: (1 ) Waive the reading and adopt the ordinance imposing the Emergency Medical Services Tax Subject to Voter Approval (Exhibit 1); (2) adopt the resolution submitting a proposition to the voters and related matters (Exhibit 2); (3) adopt the resolution requesting the Board of Supervisors to permit the Registrar to provide .. . services for the special election (Exhibit 3): and (4) authorize the Mayor to execute the Budget Change Form (Exhibit 4). . ~ '-/- . . . / ORDINANCE NO. - 97 AN ORDINANCE OF THE CITY OF DUBLIN *************** AN URGENCY ORDINANCE IMPOSING AN EXCISE TAX. FOR EMERGENCY MEDICAL SERVICES .. -- .~ SUBJECT TO VOTER APPROVAL THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1 Chapter 3.32 added to Municipal Code Chapter 3.32 is hereby added to the Dublin Municipal Code, to read as follows: Section 3.32.010. Ii1le This Chapter shall be known as the "EMS Tax Ordinance" of the City of Dublin. Section 3.32.020. Findin~s A. The City Council of the City of Dublin does hereby determine that the cost to provide emergency medical services at a level required to provide for the health, safety and general welfare of its residents exceeds the amount of funds and revenues generated from all other sources of income available for such purpose. The City Council does further determine that the imposition of an emergency medical services tax on occupants of real property throughout the City as set forth below is necessary to maintain an adequate level of emergency medical services. B. The imposition of an emergency medical services tax will allow the City to provide a higher level of service than would otherwise be available to occupants of real property throughout the City. Currently, the fIrst unit to respond to a call for emergency medical services typically is a fire engine company or fire truck company staffed with personnel who have been trained as emergency medical technicians ("EMT's"). The EMT'.s can provide basic life support but cannot provide more advanced life support such as administering drugs or administenng endotracheal intubation. The average response time is currently ten (10) minutes before an ambulance with a paramedic, who can provide advanced life support, arrives on the scene. The emergency medical services tax will enable the City to train and provide sufficient fire personnel as firefighter/paramedics so that there will be a minimum of two firefighter/paramedic companies on duty 24 hours a day. Firefighter/paramedics can provide advanced life support, . including administration of drugs and endotracheal intubation, which EMT's are not authorized to perform. By providing a minimwn of two firefighter/paramedics on duty 24 hours a day the City will reduce the average response time from ten minutes to five (5) minutes before ambulance personnel who can provide advanced life support arrive on the scene. C. The Council recognizes that occupants of different categories of property use differing amounts of emergency medical services. The tax rates established by this Chapter are intended to EXHIBIT 1 be proportional to and based on estimates of typical use of and benefit from such services, The rates are not tailored to individual use within categories of property both'because such tailoring is not administratively feasible and because the City must make Emergency Medical Services available to all occupants of property equally. .. D. The tax is based on a "benefit unit" with different land uses assignedi different number of "benefit units." The weighted land use classification system was developed in 1983 by the Alameda County Emergency Medical Services District (EMS District) and the Alameda County Assessor. Under this classification system, "benefit units" were aSsigned to various land use types based on a County-wide survey of the demand for service generated by the land use. A single family unit is one "benefit unit." Because multiple family units in Dublin have lower occupant densities than single family units (Dublin General Plan Table 2.1 [3.2 persons/unit single family; 2.0 persons/unit multiple family]), the City fmds it is appropriate to modify the weighted classification system developed in 1983 by the EMS District and the Assessor. The tax on multiple family units is 60% of the tax on a single family unit, which reflects the lower occupant densities of multiple family units. Non-residential uses are assigned "benefit units" based on use ranging from two to seven. E. Individual occupants typically do not choose whether or when to avail themselves of emergency medical services which are relied on in emergencies or unexpected circumstances. The value of such services is in their availability to all residents and it would be unfair to charge their costs only to those persons who actually use the services. F. Each occupant of property derives value from the availability of emergency medical . services. Even if such services are not presently used by an occupant, they may be used in the . future and, in any event, their availability benefits each occupant. Such services enhance the health, safety, welfare and environment of all occupants of property in Dublin and improve their quality of life both directly and indirectly. G. Parcels which are unimproved contain no occupants who may avail themselves of emergency medical services. Accordingly, the Council has determined that owners of unimproved parcels are not subject to the tax. H. Parcels which are improved but vacant contain no occupants who may avail themselves of emergency medical services. Accordingly, the council has determined that owners of vacant improved parcels may receive a refund of the tax if they can prove that the parcel was vacant for more than six months. I. Approximately 69% of Dublin's residential units are owner-occupied and approximately 66% of all parcels are occupied by the property owner. Because these percentages are so high, the overall tax impact is not significantly different if the tax is imposed on occupants as opposed to owners. However, nothing in this chapter is intended to preclude owners from recovering the tax from the occupant. Whether the occupant is charged depends solely on the occupancy agreement. Moreover, non-payment will not be a lien on the property but a personal obligation ofthe occupant or owner. . {). 1. It is not feasible for Dublin to collect the tax from the non.owner occupants on whom it is imposed because the records available to the City do not include the names of non-owner occupants. Therefore, the only practical way to collect a tax imposed on occupants is to collect it . from the owners of the occupied properties. K. The tax imposed by this chapter is a tax on the privilege of using an<ftIiecuse of emergency medical services. It is not a tax on real property, nor is it any other kind of tax on property or the ownership of property. It is not a transaction or sales tax on the sale of real property. Finally, because the tax proceeds are deposited in a special fund and the fund is restricted for emergency medical services, the tax is a special tax. Section 3.32.030. Definitions As used herein, the following definitions shall apply: A. "Emergency medical services" shall mean and include salaries (including benefits), equipment and training required to provide basic and advanced life support to persons suffering medical emergencies. B. "Occupant" shall mean the person or persons who rent, lease, reside in or otherwise occupy the real property to which emergency medical services are available. C. "Owner" shall mean the owner or owners of the real property to which emergency medical services are available as shown on Alameda County's most recent assessment roll. . D. "Year" shall mean the period from July 1 to the following June 30. Section 3.32.040. Tax Imposed An annual Emergency Medical Services Tax ("tax") in the amounts set forth in Section 3.32.050 is hereby imposed on occupant of real property within the boundaries of the City of Dublin. The tax is an excise tax imposed on the occupant as of July 1 of each year; provided, however that if any building or structure on any parcel is unoccupied on that date, the tax is imposed on the first occupant occupying the building or structure during the year. Notwithstanding the tax liability of the occupant, the owner of each parcel giving rise to tax liability under this Chapter shall be responsible for the collection and/or remittance of the tax due and payable hereunder. The tax required to be collected by the owner constitutes a debt owed by the owner to the City. Section 3.32.050. Amount of Tax The tax per "benefit unit" (ED) is $10 per year. The number of benefit units shall be detennined by the use to which the owner or occupant has put the property, as follows: .. ~ BU RESIDENTIAL USES Single Family / Mobile Homes Each Detached Single Family Residential Home On The Parcel 1 1 Improved Rural Residential Homesite 1 One Mobile Home BU COMMERCIAL USES Commercial -- General One-story Store, Miscellaneous commercial (improved) Restaurant Department Store, Discount House Shopping Center Supermarket 2 4 5 7 4 BU INDUSTRIAL USES Industrial 2 2 2 2 4 6 Warehouse, Miscellaneous Industrial Nurseries, Quarries (sand and gravel) . Terminals, Trucking and Distribution Wrecking Yards Light Industrial Heavy Industrial (factories, etc.) RURAL USES Rural 'I 1 Any Rural Parcel with improvements BU RESIDENTIAL USES Multiple Residential Attached 2 or more Units When 2 or more attached units are on the same parcel, they shall be charged based on the actual number of uta The tax will be 60% of 1 BU for each unit. ~ This ~ha11 include: ._,,_ 2 or more Single Family Hoines on 1 Parcel: Apartments / Condominiums / Cooperatives/ Restricted Income Properties / Multiple Residential Properties and Church Homes / Cooperative Housing Projects/Townbomes Except that the common area of a Condominium or Planned Development projects which contain improvements, shall be charged one (1) BU. Common area without improvements shall be zero. BU COMMERCIAL USES Improved Commercial Car Washes, Commercial Garages (repair), Auto Dealerships Service Stations, Parking Lots, Parking Garages Funeral Homes Nursing or Boarding Homes Hospital (Convalescent or General) Hotel, Motel, Mobile Home Parks Banks, Medical-Dental, 1 to 5-story offices Over 5-story offices Bowling Alleys, Theaters (walk-in and drive-in) . Other Recreational activity (rinks, stadiums, race trac. etc.) 2 2 2 6 5 5 4 7 4 2 BU INSTITUTIONAL USES Institutional 2 2 5 o 4 2 4 Improved government owned property Golf Courses Schools Cemeteries Churches Other Instirutional properties Lodge Halls and Clubhouse EXEMPT USES (No tax is imposed) o o o o o Exempt Public Agencies Property leased/owned by a Public Utility Mobile Home in Mobile Home Park Vacant Land without Improvements Partially complete Residential Tract Home Section 3.32.060. Exemptions The owner of real property that is unimproved is exempt from collection and payment of the tax. . The tax imposed hereby shall not apply to the occupant of any property who, for any reason, is legally exempt therefrom. . Section 3.32.070. ' Determination of Land Use The records of the County Assessor of the County of Alameda as of January 1 of each year and the records of the City of Dublin may be used to determine the actual use of each parcel of real property for purposes of dete~g the tax hereunder. ._ _~ Section 3.32.080. Collection The tax levied and imposed by this chapter shall be due on July 1 of each year, but it may be paid in two installments due no later than December 10 and AprillO. The tax shall be delinquent if not received on or before the delinquency date set forth in the notice mailed to the owner's address as shown on the most current assessment roll of the Alameda County Tax Collector and shall be collected from the owner in such manner and at such times as the Council may provide. The tax due may, at the option of the Council, be collected by Alameda County in conjunction with and at the same time and in the same manner as the County's collection of property taxes, provided that nothing herein shall be construed to impose a tax lien on the property to secure payment of the tax. Nonpayment of the tax results in personal liability of the person liable for the tax and the person liable for collection of the tax and the tax obligation may be enforced by any lawful means available to the City for collection of personal obligations owed to the City. Section 3.32.090. Use ofrax Proceeds All proceeds of the tax levied and imposed hereunder shall be accounted for and paid into a special fund designated for use for emergency medical services only. . Section 3.32.100. Appropriations Limitation In no case shall the revenues generated by the tax levied and imposed by this ordinance exceed the limitation established by Article XIIlB of the Constitution of the State of California. Section 3.32.110. Untimely or Unpaid Taxes A one-time penalty often percent (10%) of the tax due is hereby imposed on all taxpayers who fail to pay the tax provided by this Chapter when due. The penalty shall become a part of the tax debt herein required to be paid. In addition, if the tax remains unpaid as of July 1 of the following year, an additional penalty of one and one-half percent per month shall accrue on all amounts unpaid. The amount of any tax or penalty imposed under the provisions of this Chapter shall be deemed a debt to the City. Any person owing money under the provisions of this Chapter shall be personally liable for such amount in any action brought in the name of the City for the recovery of the amount owed. The City will be entitled to recover from the person against whom such an action is brought its costs incurred in connection with such action including its reasonable attorney's fees. . Section 3.32.120. Administrative Inter:pretation The Council may, by resolution, adopt guidelines for administrative matters related to the interpretation and enforcement of this chapter. Such guidelines may establish new uses or may modify uses listed in Section 3.32.050 provided that the maximum number of benefit units for any use can be no more than seven (7). :7 Section 3.22.130. Refunds -- Improved Parcels The occupant or owner of improved parcel which was unoccupied for at least six months of the year shall receive a refund of any tax paid, provided an application in a form satisfactory to the .. '.. City Manager is filed no later than August 1 for the preceding year for which a refund is sought. Section "3.32.140. Refunds -~ Grounds Not Specified .. --. ..- Any person claiming a refund of the tax for any reason not provided herein shall first file a claim pursuant to section 1.04.070 of the Dublin Municipal Code. All claims must be filed by the person who paid the tax or his or her guardian, conservator, or the execut()rofhis or her estate. No claim may be filed on behalf of other taxpayers or a class of taxpayers. SECTION 2 Savin2s Clause If any provision, sentence, clause, section or part of Chapter 3.32 is found to be unconstitutional, illegal or invalid, such fmding shall affect only such provision, sentence, clause, section or part, and shall not affect or impair any of the remaining parts of Chapter 3.32. SECTION 3 Authority for Ordinance . This ordinance is enacted pursuant to the authority ofOovernment Code sections 37100.5 and 50077. Any action to challenge the tax imposed by this ordinance shall be brought pursuant to Government Code section 50077.5. SECTION 4 Effective Date and Postin2 This ordinance shall take effect immediately pursuant to Government Code section 36937(d) in that it relates to taxes for the usual and current expenses of the City, namely, taxes to pay for emergency medical services. Notwithstanding the effective date of the ordinance, the tax imposed pursuant to this ordinance shall not become effective until submitted to a vote of the electorate at the June 3, 1997 election. If approved by two-thirds of the voters voting at the election, the taX shall become effective ten days following the certification of the results of the election. Notwithstanding the provisions of Section 3.32.040, the tax for the 1997-98 fiscal year shall be due on the day following the effective date of this ordinance and may be paid in installments as provided in Section 3.32.080. The City Clerk of the City of Dublin shall cause this ordinance to be - posted in at least three public places in the City of Dublin in accordance 'with Section 36933 of the Government Code of the State of California. . PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 4th day of March, 1997, by vote as follows: AYES: NOES: ABSENT: ABSTAIN: MAYOR . ATTEST: CITY CLERK b - RESOLUTION NO. w 97 A RESOLUTION OF THE CITY OF DUBLIN '. ************** SUBMITTING A PROPOSmON TO THE VOTERS OF DUBLIN TO ADOPT AN EXCISE TAX FOR EMERGENCY MEDICAL SERVICES; CALLING A SPECIAL ELECTION AND CONSOLIDATING THE SPECIAL ELECTION WITH A SPECIAL COUNTY ELECTION ON JUNE 3, 1997; AND RELATED MATTERS BE IT RESOLVED by the City Council of the City of Dublin as follows: SECTION 1. Call for Special Election. The City Council is authorized to present a proposition to the voters for their consideration pursuant to Elections Code Section 9222, Government Code Sections 50075 and 53722 and Article XIllC, Sec. 2 of the State Constitution ("Proposition 218"). The City Council hereby calls a special municipal election of the voters of Dublin, to be held on June 3, 1997, to determine the question as set forth in Section 2 herein. SECTION 2. Ballot Language. The ballot proposition shall appear and be printed upon the ballots to be used at the election as follows: Shall an Emergency Medical Services Tax be approved to reduce the average response time in the City of Dublin from 10 to 5 minutes for advanced life support Yes in emergency medical situations by funding the cost of two firefighter/paramedic units on a 24-hour basis in the annual amount of $10 per single family unit, $6 per multi-famil unit and from $20 to $70 for non-residential uses? No SECTION 3. Form of Proposition. The Emergency Medical Services Tax to be approved by the voters pursuant to Section 2 shall be as set forth in City of Dublin Ordinance No. - 97, Attachment 1 hereto. SECTION 4. Consolidation. The City Council requests that the special municipal election to be held in the City of Dublin on June 3, 1997, be consolidated with the special county election being held on June 3, 1997, pursuant to Elections Code Section 10403. SECTION 5. Submission of Ballot Arguments and Impartial Analysis. a. The City Council hereby establishes March 17, 1997, at 4:00 p.m., as the last day for submission to the City Clerk of direct arguments for or against the proposed ballot proposition. ... . The City Council hereby establishes March 24, 1997, at 4:00 p.m., as the last day for submission to ~e CIty Clerk of rebuttal arguments for or against the proposed ballot proposition. c. Direct arguments shall not exceed 300 words and shall be signed by not more than five persons. '7 EXHIBIT 2 d. Rebuttal arguments shall not exceed 250 words and shall be singed by not more than five persons. e. The City Clerk is directed to transmit a copy of the proposed ballot proposition to the City Attorney to prepare an impartial analysis of the proposition showing the effect of the proposition on the existing law and the operation of the proposition no later than March 14, 1997. SECTION 6. Argument in Support ofPraposition. The Council authorized Councilmembers Howard and Lockhart to write and sign a written argument in favor of the ballot proposition. At the discretion of Councilmembers Howard and Lockhart, the argument may also be signed by other registered voters who are eligible to sign a ballot argument. SECTION 7. Notices. 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 Government Code and Elections Code of the State of California. SECTION 8. Filing. The City Clerk is further directed to file a copy of this resolution with the Alameda County Board of Supervisors and with the County Clerk and to transmit a copy of this resolution to the Alameda County Registrar of Voters on or before March 7, 1997. PASSED, APPROVED AND ADOPTED this _th day of . 1997. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk K1/G/3-4-97/resoemsJ.doc ~ . . . RESOLUTION NO. - 97 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* REQUESTING THE BOARD OF SUPERVISORS OF ALAMEDA'CbUNTY TO PERMIT THE REGISTRAR OF VOTERS TO PROVIDE SERVICES FOR THE CITY OF DUBLIN SPECIAL MUNICIPAL ELECTION TO BE HELD JUNE 3, 1997 WHEREAS, the City Council of the City of Dublin in Alameda County, State of California, has adopted a resolution calling a special municipal election in the City to be held on Tuesday, June 3, 1997, at which a ballot measure will be submitted to the qualified electors of the City; and WHEREAS, pursuant to California Elections Code Section 10002, the City may request by resolution that the Board of Supervisors permit the County Registrar of Voters to provide . specified election services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin, as follows: -a. SECTION 1. The City requests the County Board of Supervisors to permit the ~gistrar of Voters to provide specified election services for the special municipal election to be held in the City on Tuesday, June 3, 1997. SECTION 2. the following: The specified election services may consist of, but are not limited to, a. Precinct consolidation, establishment of polling places, securing election officers, preparing and mailing notices of appointment, and publication of precinct officers and polling places. b. Typesetting and printing sample ballots, which includes polling place notifications, ballot arguments, and mailing to registered voters. c. Printing of official ballots. d. Purchasing precinct supplies and absent voters supplies. e. Providing for absentee voting in the County Registrar's Office. . f. Delivery of voting booths, ballots, ballot boxes, and precinct supplies to precincts/election officers. 9 EXHIBIT 3 g. Electronic and/or tabulation of votes. h. Canvassing and certifying to the City Clerk the results of elections. i. All things necessary or incidental to the above in accordance with California Election Law in effect at the time of the election or other functions as may be requested from time to time by the City: SECTION 3. The City of Dublin will reimburse Alameda County in full for the services performed as provided for in this resolution, including but not limited to, compensation for such election services, upon presentation of a bill to the City. SECTION 4. The City Clerk is hereby authorized and directed to certify to the due adoption of this resolution and to transmit a copy hereof so certified to the Board of Supervisors of the County and to file a copy hereof with the Registrar of Voters of the County. PASSED, APPROVED AND ADOPTED this day of , 1997. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk K2/g!2~ 18~97 /resoeleZ.doc JD . . . CITY OF DUBLIN BUDGET CHANGE FORM CHANGE FORM # . New Appropriations (City Council Approval Required): X From Unappropriated Reserves Budget Transfers: FroIri Budgeted Conting:~ntReserve (1080-799.000) Within Same Department Activity Between Departments (City Council Approval Required) Other mmr~~EB._IIA_U~__I.smfmf:fBB_I$J:'1_~QP.tUtw.&~.~~mt:::w Name: Name: General Fund- Elections- Printing From New Revenues $ 1,350 Account #: Name: Account#: 001-1070-716-000 Name: Generla Fund- Elections- Contract Services Account #: Name: Account #: 00 I ~ 1070-740-000 Name: $ 13,500 Account #: Name: Account #: Name: Account #: Account #: ASON FOR BUDGET CHANGE ENTRY: The City Council has adopted documents calling for a Special Election on June 3, 1997. The purpose of the election is to consider a Special Tax for EMS Services. Therefore, a Budget Change is necessary to acconmodate the estimated expenses associated with the election. City Manager: Date: Signature ",.:' :_:::j::":":::::i::::::i,::i:::j::::::::;::::::::::j:::i':::':"'::::;:":"'ii,:'::'j"::'::j':::_::::::i::::::::::j::::':::ij'::::::_:j::::::':::::::::::'::~':::::::::",'i:::j:jj:'j'::j:::::::i~::~PRr9y;g"'i~':1~~:t]l,~'::rlmlS~~::i~~~~!B.~::BH;,:::::::::::~~~~;:;:::'::,,:.'~141~Z.':'-':: Mayor: Date: Signature Posted By: Date: Signature jonnslbudgclrng . II EXHIBIT 4