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Resolution 11418CITY OF ALAMEDA RESOLUTION NO. 11418 CALLING A SPECIAL ELECTION IN THE CITY OF ALAMEDA FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS AN ORDINANCE ENTITLED, "AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING CHAPTER 16 TO TITLE III THEREOF RELATING TO FIRE SERVICE CONSTRUCTION TAX "; FIXING THE DATE OF SAID ELECTION, THE MANNER OF HOLDING SAME, AND PROVIDING FOR NOTICE THEREOF; CONSOLIDATING SAID SPECIAL ELECTION WITH THE PRIMARY ELECTION OF THE STATE OF CALIFORNIA TO BE HELD ON TUESDAY, JUNE 7, 1988; AND PROPOSING SAID ORDINANCE WHEREAS, the Council of the City of Alameda hereby proposes to submit to the voters of said City an ordinance entitled, "Amending the Alameda Municipal Code by Adding Chapter 16 to Title III Thereof Relating to Fire Service Construction Tax," to be voted upon at the Primary Election of the State of California to be held on June 7, 1988; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1. The Council of the City of Alameda hereby proposes on its own motion that an ordinance be submitted to the voters of said City at said election, to read as follows: CITY OF ALAMEDA ORDINANCE NO. New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING CHAPTER 16 TO TITLE III THEREOF RELATING TO FIRE SERVICE CONSTRUCTION TAX The People of the City of Alameda ordain as follows: Section 1. Purpose and Findings. The People of the City of Alameda find that the growth of the City and new construction adversely affect the ability of the Alameda Fire Department to provide an adequate level of fire and medical service. As a result, the public safety and welfare is directly impacted and a critical need for new fire facilities and equipment has arisen. It is the purpose of this ordinance to require that new construction within the City of Alameda contribute to the cost of providing the new fire service facilities and equipment for which it creates a need. 1 MARCH 3, 1988 Section 2. The Alameda Municipal Code is hereby amended by adding Chapter 16 to Title III thereof to read as follows: CHAPTER 16. FIRE SERVICE CONSTRUCTION TAX Article 1. Article 2. Article 3. Improvement Tax Imposed, 3-1611 Exceptions, 3-1621 Credits, 3-1631 Article 1. Improvement Tax Imposed Sec. 3-1611. TITLE. This chapter shall be known as the "Fire Services Construction Tax". Sec. 3-1612. Imposition of Tax. A tax of one-half of one percent (0.5%) of the valuation of any structure for which building and/or plumbing permits are required is hereby imposed upon the application for such permit. Sec. 3-1613. Amount of Tax. The tax shall be determined by multiplying 0.005 by the valuation of the structure for which application is made, as determined by the valuation schedule in the current Uniform Building Code. It shall be due and payable at the time of application for the permit, and as a condition for issuance of the permit as a tax on the privilege of obtaining a building permit. Sec. 3-1614. Fire Facilities Fund. The tax revenues shall be placed in a separate fund to be known as the "Fire and Medical Facilities and Equipment Fund," and such revenues shall be used only: for the purpose of funding construction, reconstruction, or repair of fire facilities, or the acquisition, repair, or maintenance of fire and medical equipment. Article 2. Exceptions Sec. 3-1621. Exceptions. The tax imposed by Section 3-1612 shall not apply to the following: (a) A building permit for construction where the work to be done pursuant to the permit will not increase the square footage of the existing structure by more than twenty percent; (b) A building permit for nonhabitable structures, provided such structures are situated on a parcel of land occupied by a habitable structure in a residential zone. (c) A building permit for reconstruction or repair of a structure which was damaged by earthquake, fire, flood or other causes over which the owner had no control; provided, however, that compliance with any ordinance as required by the laws in 2 effect and the reconstruction cost does not exceed fifty percent of the value of the structure. The exception of this subsection for reconstruction or repair shall only apply if such reconstruction or repair is done pursuant to a building permit issued within one year of such damage or destruction and provided that the number of square feet in the building or structure is not increased. Article 3. Credits Sec. 3-1631. Credits For Permit Conditions. Any person or firm owning property which contributes by reason of conditions placed on discretionary permits, money, land or equipment which could be purchased from the Fire Facilities Fund shall be credited the value of such contributions against the subsequent application of this tax. Sec. 3-1632. Credits For Tax Payment. Any person or firm owning property which has paid the tax required by this Chapter shall receive a credit therefor against any contribution required by conditions placed on discretionary permits of money, land or equipment which could be purchased from the Fire Facilities Fund. Section 3. This ordinance shall be in full force and effect ten (10) days from and after the date of its adoption. • • • Section 2. A special election shall be and is hereby ordered to be held in the City of Alameda on Tuesday, June 7, 1988, at which election there shall be submitted to the qualified voters of the City of Alameda the following measure: MEASURE A - Proposed Ordinance Shall an ordinance be adopted imposing a tax of one-half of one percent of the value of any structure for which . YES . building and/or plumbing permits are issued, said tax to be used for a fire and medical facilities and equipment . NO . fund. Section 3. Said special election shall be held and conducted, and the votes thereat received and canvassed, and the result thereof ascertained and determined as herein provided; and in all particulars not prescribed by this resolution said special election shall be held and conducted and the votes received and canvassed in the manner provided by law for the holding of special municipal elections in said City. 3 (a) All persons qualified to vote at municipal elections in the City of Alameda upon the date of the election herein provided for shall be qualified to vote upon the measure submitted at said special election. (b) The polls at the polling places hereinafter designated for said special election shall be opened at 7:00 a.m. of said day of election, and shall be kept open continuously thereafter until 8:00 p.m. of said day of election when the polls shall be closed (except as provided in Section 14301 of the Elections Code), and the election officers shall thereupon proceed to process the ballots cast thereat. (c) Said special election shall be and is hereby consolidated with the Primary Election of the State of California to held in said City of Alameda on the date of said special election hereby called, and the election precincts, polling places and voting booths shall in every case be the same, and there shall be only one set of election officers in each of said precincts; and the precincts, polling places and officers of election for said special election shall be the same as those to be selected and designated by the Board of Supervisors of the County of Alameda, State of California, for said Primary Election of the State of California in said City of Alameda by resolution or ordinance of said Board of Supervisors relating to the holding and conducting of the Primary Election of the State of California, to which resolution or ordinance reference is hereby made for a designation of the precincts, polling places and election officers for the special election hereby called. (d) Only one form of ballot shall be used at said Primary Election of the State of California and said special election hereby consolidated therewith, which, in addition to all other matters required by law to be printed thereon, shall state the measure set forth in Section 2 hereof. (e) To vote in favor of the measure hereby submitted a voter shall so indicate in the blank space opposite the word "YES" on the ballot to the right of the measure, and to vote against said measure a voter shall so indicate in the blank space opposite the word "NO" on the ballot to the right of said measure. The votes cast for and against the proposed measure shall be counted separate and apart from all other measures to be submitted at the Primary Election of the State of California, and if a majority of the qualified voters voting on the measure vote in favor thereof, said measure shall be deemed ratified. (f) The returns of said election shall be canvassed, made out and signed by the election officers so designated by the Board of Supervisors, County of Alameda, State of California, and the results thereof transmitted to the City Clerk of Alameda, and the Council thereof, who shall declare the result thereof in 4 accordance with the Charter of the City of Alameda and the laws of the State of California. Section 4. The City Clerk of the City of Alameda is hereby directed upon the passage and adoption of this resolution to publish a synopsis of the measure in the Alameda Times-Star once a week for two successive weeks, in compliance with State Government Code Section 6066 and State Elections Code Section 22835. Section 5. The City Clerk shall cause copies of said proposed ordinance to be printed in convenient pamphlet form and shall mail a copy thereof, enclosed with the sample ballot, to each voter at least ten (10) days prior to said election. She shall also, until the day fixed for the election, advertise in the Alameda Times-Star a notice that such copies may be had at her office in the City Hall, upon application therefor. Section 6. If the aforesaid proposed ordinance receives a majority of the votes cast thereon at said election, said ordinance shall be enacted accordingly and go into effect ten (10) days after the declaration by the canvassing board of the result of said election. Section 7. The City Clerk of the City of Alameda is hereby authorized and directed to, until the day fixed for said special municipal election, advertise daily in the ALAMEDA TIMES-STAR, a newspaper of general circulation in said City, a notice that copies of the proposed ordinance may be had on application therefor in the City Clerk's Office. Said notice shall be substantially in the following form: NOTICE OF AVAILABILITY OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN to the qualified electors of the City of Alameda that pamphlet copies of the proposed measure providing for amendment to the Alameda Municipal Code by adding Chapter 16 to Title III thereof relating to fire service construction tax, which shall be mailed to each of the qualified electors of said City, are on file in the office of the City Clerk, City Hall, Alameda, California. Copies of said pamphlet are available in said office and may be had on application therefor. 5 City Clerk of the City of Alameda I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 1st of March, 1988, by the following vote to wit: AYES: Councilmembers Camicia, Haugner, Monsef, Thomas and Mayor Corica - 5. NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of March, 1988. f , 'I ‘ f / if I \ e je A At/2 ..-,11/ PP - ' i , „44-4---zee City Clerk of the'City of Alameda