CC Resolution 11203RESOLUTION NO. 11203
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
SUBMITTING TWO REVENUE MEASURES TO THE ELECTORATE AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF CAMPBELL
ON NOVEMBER 2, 2010; REQUESTING SERVICES OF THE REGISTRAR OF
VOTERS AND REQUESTING CONSOLIDATION WITH THE STATEWIDE
GENERAL ELECTION
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The Campbell City Council adopted Resolution 11175 calling a General
Municipal Election in consolidation with the Statewide General Election to be held in
the City of Campbell on the 2"d day of November, 2010 to elect three (3) City
Councilmembers, each for a full term of four years.
Section 2. An amendment to Resolution 11202 adopted by the Campbell City
Council on July 20, 2010 is required by the Registrar of Voters to correct a technical
error contained in said Resolution which incorrectly sets forth the exact form of
ballot titles; the provisions of said amended resolution supercede the provisions set
forth in Resolution 11202.
Section 3. The Campbell City Council hereby submits two measures to the
electorate of said City pertaining to Ordinance 2132 amending provisions of the
Campbell Municipal Code regarding Business License Taxes and regulatory fees
that includes increases to various Business License Taxes, and Ordinance 2133
approving an increase to the Transient Occupancy Tax, the exact form of said
measures to appear on the ballot as follows:
"To maintain/protect city services, including 911 emergency
response times, firefighters, police patrols, crime
prevention, city streets and pothole repair, after-school Yes
programs for children/teens and senior programs, shall the
City of Campbell modify the existing business license tax
set in 1982, with the cost for most businesses increasing
$50 and limiting annual cost-of-living adjustments to 2%, No
with proceeds placed in the City's General Fund for local
use and with inde endent annual financial audits?"
"To help prevent additional budget cuts and
maintain/protect city services, including 911 emergency Yes
response times, firefighters, police patrols, crime
prevention, city streets and pothole repair, after-school
programs for children/teens and nutrition programs for
seniors, shall the City of Campbell increase the existing
transient occupancy tax charged to hotel guests from 10% No
to 12%, with proceeds placed in the City's General Fund for
local use and with independent annual financial audits?"
Section 3. The Processing Fee currently charged for processing applications and
payment of the Business License Tax shall be deemed automatically terminated as
of 6/30/2011 if the revisions to the Business License Taxes proposed in Ordinance
2132 are approved by the voters. The termination of the processing fees shall not
be construed to preclude the City from charging lawful regulatory fees to defray the
costs of valid regulatory programs of the City.
Section 4. The General Municipal Election hereby called for the date hereinbefore
specified shall be and is hereby ordered consolidated with the Statewide General
Election and all elections to be held in said jurisdiction and in the City of Campbell
on such date, and within the territory affected by the consolidation, and the
precincts, polling places and officers of election shall be the same as those
established and designated for said election by the Board of Supervisors of the
County of Santa Clara.
Section 5. Pursuant to Section 10002 of the Elections Code, the City Council
hereby requests the Board of Supervisors of the County of Santa Clara to make
available the services of the Registrar of Voters for the purpose of performing the
usual services in the conduct of the Consolidated Election, including the provision of
election supplies and voters' pamphlets. The Board of Supervisors of the County of
Santa Clara is hereby authorized to canvass the returns of said election, and said
election shall be held in all respects as if there were only one election, and only one
form of ballot shall be used.
Section 6. The City Clerk is hereby directed to file with the Board of Supervisors
and the Registrar of Voters of the County of Santa Clara certified copies of this
Resolution at least eighty-eight (88) days prior to the herein referenced General
Municipal Election.
Section 7. The City Clerk shall publish Notice of said Election as required by
Section 12112 of the Elections Code.
Section 8. The City Council hereby directs the City Attorney to prepare an Impartial
Analysis, not to exceed five hundred words, in accordance with Elections Code
9280, and establishes August 17, 2010 as the deadline for submitting the Impartial
Analysis.
Section 9. The Mayor, or his designee, is hereby authorized to prepare a written
Argument in favor of the proposed measures, not to exceed 300 words in length, on
behalf of the City Council. At the Mayor's discretion, the Argument may also be
signed by bona fide associations or by individual voters who are eligible to vote.
Section 10. The City Council hereby authorizes Arguments For and Against the
measures and Rebuttal Arguments to be filed in accordance with Sections 9282-
9287 of the Elections Code, and establishes August 10, 2010 as the deadline to file
Arguments For or Against the measure, and August 17, 2010 as the deadline to file
Rebuttal Arguments.
Section 11. The City Clerk is hereby authorized and directed to take all steps
necessary to place the measures on the ballot and to cause full text of both
Ordinances to be printed in the Sample Ballot.
Section 12. The polls for said election shall be opened at 7:00 a.m. of the day of
said election, and shall remain open continuously from said time until 8:00 p.m. of
the same day, when said polls shall be closed, except as provided in Section 14401
of the Elections Code of the State of California.
PASSED AND ADOPTED this 3rd day of August, 2010, by the following roll call
vote:
AYES: Councilmembers: Kotowski, Kennedy, Furtado, Baker, Low
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Evan D. Low, ayor
ATTEST:
Anne Bybee, City Clerk