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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION N0.2008-098 (1055/3142) A RESOLUTION ESTABLISHING NOVEMBER 4, 2008 AS THE DATE FOR A MUNICIPAL ELECTION ON A PROPOSED BALLOT MEASURE SEEKING VOTER AUTHORIZATION FOR THE CITY'S EMERGENCY COMMUNICATION SYSTEM ACCESS TAX FOR ENHANCED 911 SERVICES; AND REPEALING THE CITY'S EXISTING EMERGENCY COMMUNICATION SYSTEM ACCESS FEE ORDINANCE, ESTABLISHING POLICIES AND PROCEDURES IN CONNECTION WITH SUCH AN ELECTION, AND REQUESTING THAT THE ALAMEDA COUNTY CHIEF ELECTIONS OFFICER CONDUCT SUCH AN ELECTION WHEREAS, in 2004, the City Council of the City of San Leandro approved the imposition of a Emergency Communication System Access Fee, codified as Chapter 2-16 of the San Leandro Municipal Code (the "911 Fee"), to ensure and improve the performance of the City's 911 communication system; and WHEREAS, it was determined that the fee was the most practical and equitable revenue mechanism to finance the acquisition and construction of equipment, software, and facilities and other resources that are needed to provide an adequate and reliable 911 communication system; and WHEREAS, to ensure legal compliance and to keep pace with technological changes over the years in the telecommunication industry the City Council has determined that it is in the best interest of the residents of the City to place a ballot measure before the voters of the City of San Leandro to adopt a substantially similar Emergency Communication System Access Tax ("911 Tax"), with no increase in rate and, if adopted, repeal the current 911 Fee Ordinance; and WHEREAS, California Constitution Article XIIIC, Section 2, provides that no local government may enact a special tax unless and until that tax is submitted to the electorate and approved by atwo-thirds (2/3) vote: and WHEREAS, at a public hearing held on July 28, 2008, the City Council heard public testimony from the voters regarding the proposed 911 tax measure; and WHEREAS, the tax to be submitted to the voters, if approved, would be imposed on subscribers of telephone service in the incorporated area of the City. The base tax rate schedule, as fully set forth in the attached Ordinance, shall be adjusted by the same percentage as the change in the Consumer Price Index for Urban Wage Earners and Clerical Workers ("CPI-W") for the San Francisco Bay Area published by the U. S. Bureau of Labor Statistics. The tax shall be approved if the measure receives at least atwo-thirds (2/3) affirmative vote of the electorate; and