RESOLUTION NO. R-26-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN MARINO, CALIFORNIA, SUBMITTING ONE
BALLOT MEASURE TO THE VOTERS TO RE-ADOPT AND
AMEND SAN MARINO MUNICIPAL CODE CHAPTER 26,
ARTICLE 03 (UTILITY USER TAX) TO EXTEND THE
TERM OF THE TAX AND INCREASE THE TAX RATE
FROM FIVE PERCENT TO SIX PERCENT, TO BE
CONSIDERED BY THE VOTERS AT THE
CONSOLIDATED GENERAL MUNICIPAL ELECTION ON
NOVEMBER 3, 2026; AND DESIGNATING INDIVIDUALS
TO SUBMIT PRIMARY AND REBUTTAL BALLOT
ARGUMENTS IN FAVOR OF THE BALLOT MEASURE
WHEREAS, the City Council of the City of San Marino (“City Council”) is authorized to levy a utility user tax for general governmental purposes (a “general tax”) pursuant to California Government Code Section 37101.5 and California Constitution Article XI, Section 5, subject to approval by a two-thirds vote of all members of the City Council and by a majority vote of the electorate pursuant to California Constitution Article XIII C, Section 2, and California Government Code Section 53724; and
WHEREAS, the City Council is authorized to submit a measure for voter consideration to enact an ordinance at a general municipal election consolidated with a statewide general election pursuant to California Constitution Article XIII C, Section 2(b), and California Elections Code Section 9222; and
WHEREAS, the City has previously obtained voter approval for a utility user tax (“UUT”), as codified at San Marino Municipal Code Chapter 26, Article 03 (“UUT Ordinance”); and the City Council intends, through adoption of this resolution, to submit to the voters a measure to re-adopt and amend the UUT Ordinance by which the City would delete the previous automatic repeal date of March 31, 2027, and the City would increase the tax rate for the UUT from 5% to 6%; and
WHEREAS, the City Council intends to present the UUT measure on the ballot as a general tax imposed for general governmental purposes, with revenue from the UUT to be placed in the City’s general fund to pay for important general City services to include, but not be limited to, repairing streets/sidewalks/alleyways/potholes and other City infrastructure, improving public safety, providing youth and senior programs, library and park maintenance and enhancements, and general government use; and
WHEREAS, on June 10, 2026, the City Council approved Resolution No. R-26-15 to call and give notice of the General Municipal Election to be held on November 3, 2026; Resolution No. R-26-16 to authorize and request the County of Los Angeles to consolidate the General Municipal Election with the Statewide General Election; and Resolution No. R-26-17 to establish procedures which candidates for City elective office must follow for consideration at the consolidated General Municipal Election; and
WHEREAS, the City Council intends to submit the Ballot Measure described herein to be considered by the voters at the consolidated General Municipal Election on November 3, 2026; and
WHEREAS, the text of the UUT measure to be submitted to the voters for consideration is as set forth on the Ordinance Re-Adopting and Amending the City’s Utility User Tax, as set forth on Exhibit “A,” attached hereto and incorporated herein by reference (“Ballot Measure”).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MARINO, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds that the facts and determinations set forth in the recitals to this resolution are true and correct and support the City’s Council’s adoption of this resolution.
SECTION 2. The City Council hereby orders the submission of the Ballot Measure to the voters of the City of San Marino at the general municipal election on November 3, 2026; and, subject to approval by a majority vote of the electorate, the City Council hereby approves the ordinance, and the form thereof as set forth on Exhibit “A” (the “Ballot Measure). Upon approval by a majority of the electorate, the ordinance will amend the San Marino Municipal Code to readopt and amend Article 03 (“Utility User Tax”) of Chapter XXVI to extend the term of the Utility User Tax and increase the tax rate from 5 percent to 6 percent.
SECTION 3. The City Council hereby approves and orders the following ballot question for the Ballot Measure to be submitted to the voters of the City of San Marino at the general municipal election on November 3, 2026:
Yes
SAN MARINO SERVICE PRESERVATION MEASURE. To
maintain existing funding which supports essential San Marino services including: police, fire, paramedic, emergency
preparedness, repairing streets and sidewalks and other City infrastructure, providing youth and senior programs, and general government use; shall the City of San Marino measure be adopted extending the currently existing utility users tax at a rate of 6 percent, raising $2,620,000 annually, until ended by voters? No
SECTION 4: Pursuant to California Elections Code Sections 9223 and 9295, the Ballot Measure will be printed and made available for public examination upon request and for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
The full text of the Ballot Measure shall be printed in the voter information guide. The City Clerk shall post notice in the City Clerk’s Office of the specific dates that the examination period will run. Notice of the special election is hereby given and the City Clerk is authorized and directed to give further or additional notices of the special election in the time, form and manner as required by law.
CITY OF SAN MARINO RESOLUTION NO. R-26-28
SECTION 5: The City Manager, or duly authorized designee, is authorized and directed to take all actions and execute all documents deemed necessary to implement the intent of this resolution.
SECTION 6. Pursuant to California Elections Code Section 9280, the City Council hereby directs the City Clerk to transmit a copy of the Ballot Measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the Ballot Measure, not to exceed 500 words in length, showing the effect of the Ballot Measure on the existing law and the operation of the measure, and shall transmit such impartial analysis to the City Clerk.
SECTION 7. Pursuant to California Elections Code Sections 9286 and 9287, the City elections official shall fix the date and time for submitting arguments for or against, as well as rebuttal arguments, for the Ballot Measure.
SECTION 8. Pursuant to California Elections Code Section 9282(b), the City Council or the Mayor, Vice-Mayor and the members of the San Marino ballot measure support committee (as determined in the Mayor’s discretion) will be the individuals authorized to submit ballot arguments in favor of the Ballot Measure, and in rebuttal to any ballot argument in opposition to the Ballot Measure. The City Council hereby adopts the provisions of California Elections Code Section 9285 regarding the procedures by which the City elections official will consider ballot arguments in favor, against, or rebuttal for the Ballot Measure.
SECTION 9: The City Council hereby finds and determines that this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Public Resources Code Section 21080(b)(8), and California Code of Regulations Section 15378(b)(5) because it relates to organizational or administrative activities of the City, it leads to the establishment of funding City services within existing service areas, and will not result in direct or indirect physical changes to the environment.
SECTION 10: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 11: This resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED, at a Regular Meeting of the City Council of the City of San Marino, California, on this _____ day of __________, 2026. ______________________________________
CALVIN LO
VICE MAYOR
CITY OF SAN MARINO RESOLUTION NO. R-26-28
ATTEST:
__________________________________
ALEXIS HUERTA
DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, Alexis Huerta, Deputy City Clerk of the City of San Marino, California, hereby certify that Resolution No R-26-28 was adopted by the City Council of the City of San Marino at a Regular Meeting held on the ___ day of _______, 2026, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
ALEXIS HUERTA
DEPUTY CITY CLERK