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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2008-097 (1055/3142) A RESOLUTION OF THE CITY OF SAN LEANDRO ESTABLISHING NOVEMBER 4, 2008, AS THE DATE FOR AN ELECTION ON A PROPOSED BALLOT MEASURE SEEKING VOTER APPROVAL TO MODIFY THE CITY'S EXISTING UTILITY USER'S TAX FOR GENERAL FUND PURPOSES, ESTABLISHING THE POLICIES AND PROCEDURES FOR SUCH AN ELECTION AND REQUESTING THAT THE COUNTY OF ALAMEDA CONDUCT SUCH AN ELECTION Recitals WHEREAS, California Constitution Article XIIIC, Section 2, provides that no local government may extend any general tax unless and until that tax is submitted to the electorate and approved by a majority vote; and WHEREAS, pursuant to San Leandro Municipal Code Chapter 2-4, the City of San Leandro ("City") imposes a utility users' tax of six percent, which is charged to persons utilizing electrical energy; gas delivered through mains or pipes; using intrastate, interstate and international telephone services; using cable television service furnished by a cable television corporation within the City; and WHEREAS, the utility users' tax is a general tax, the revenues of which are used for general governmental purposes, and placed in the City's general fund for the usual current expenses of the City; and WHEREAS, the City Council desires to update its definitions of telecommunication and video (cable-like) services so that taxpayers are treated the same regardless of the technology used, and at the same time reduce the utility users' tax from six percent to five and seven tenths percent for telephone and video (cable-like) services used within the City; and WHEREAS, the City Council desires to maintain the utility users' tax at six percent for electrical and gas services, as described above, to help maintain the City's general fund while being sensitive to costs incurred by the citizens of San Leandro; and WHEREAS, the tax to be submitted to the voters, if approved, would be paid by persons using electrical energy, gas, telephone service, telecommunication service, cable televisions and video (cable-like) service, as described above, within the City; and WHEREAS, the utility users' tax ordinance, attached hereto as Exhibit 1, will provide rebates for companies engaging in activities that help sustain the environment; and WHEREAS, California Constitution Article XIIIC, Section 2, provides that a measure proposing to increase a general tax must be consolidated with a regularly scheduled general