HomeMy WebLinkAboutR-101379 Requesting BOS Consolidate the 11-06-2012 General Election with the State Election to include an Ordinance for Utility users Tax on Telecommunication&Video ServiceRESOLUTION NO . 10379 (2012 SERIES)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SA N
LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE TH E
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6,2012, WITH TH E
STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT T O
ELECTIONS CODE SECTION 10403
WHEREAS,the City Council of the City of San Luis Obispo has called a Genera l
Municipal Election to be held on November 6, 2012, for the purpose of submitting to the voters th e
question with respect to a ballot measure for a utility user tax modernization ordinance relating t o
the City's current utility user's tax ; and
WHEREAS,Section 302 of the City Charter establishes November of even-numbere d
years as the date for conducting the City's General Municipal Election ; and
WHEREAS,it is desirable that the General Municipal Election be consolidated with th e
Statewide General 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 that the County Electio n
Department of the County of San Luis Obispo canvass the returns of the General Municipa l
Election and that the election be held in all respects as if there were only one election .
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Lui s
Obispo does declare, determine and order as follows :
SECTION 1 . Pursuant to the requirements of the Section 10403 of the Elections Code, the
City Council hereby requests that the Board of Supervisors of the County of San Luis Obisp o
consent to and order the consolidation of the General Municipal Election with the Statewid e
General Election to be held on Tuesday, November 6, 2012 for the purpose of submitting to th e
voters the question relating to a utility users tax modernization ordinance .
SECTION 2 .That a measure is to appear on the ballot as follows :
Shall an ordinance be adopted that would 1 )
reduce the City of San Luis Obispo's curren t
Utility Users Tax on telecommunication an d
video services from 5% to 4 .8%; 2) clarify th e
scope and application of the tax to all taxable
utilities ; and 3) modernize the method o f
calculating and collecting the tax to reflec t
technological advances and changes in state an d
federal law so that all taxpayers are treate d
equally regardless of technology used?
Yes
R 10379
Resolution No . 10379 (2012 Series )
Page 2
SECTION 3 .The Board of Supervisors is requested to certify the results of the canvass o f
the returns of the General Municipal Election to the Council of the City of San Luis Obispo, whic h
shall thereupon declare the results thereof. The election shall be held in all respects as if there wer e
only one election, and only one form of ballot shall be used .
SECTION 4 . The Board of Supervisors is hereby requested to issue instructions to th e
County Clerk and Registrar of Voters to take any and all steps necessary for the holding of sai d
General Municipal Election . The City will pay its pro rata share of extra costs incurred by th e
County in consolidating the elections pursuant to Section 51350 of the Government Code .
SECTION 5 .The City Clerk is hereby directed to file certified copies of this resolutio n
with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of Sa n
Luis Obispo .
SECTION 6 .The City Clerk shall certify to the passage and adopt of this resolution .
Upon motion of Council Member Carter seconded by Council Member Ashbaugh and o n
the following roll call vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenteran d
Mayor Marx
NOES :
None
ABSENT : None
Sheryll Schroede r
Interim City Clerk
The foregoing resolution was adopted this 10th day of July 2012 .
ATTEST:
hristine Dietrick
City Attorney