3,133 / 56.5% Yes votes ...... 2,408 / 43.5% No votes

See Also: Index of all Measures

Meaning of Voting Yes/No

A YES vote of this measure means:

A majority of "yes" votes approves a previously authorized increase in the parking tax to eight percent.

A NO vote of this measure means:

A majority of "no" votes would reduce the current eight percent parking tax to four percent.

This initiative measure will amend Section 6.16.047 of the South San Francisco Municipal Code. Section 6.16.047 relates to the commercial parking facility business license tax, a tax that is paid only by the operator of the commercial parking facility. A commercial parking facility is a privately owned facility that charges a fee for parking or storage of vehicles. The commercial parking facility tax does not apply to paid parking when that parking is associated with the rental of a residential dwelling unit.

The proposed ordinance included in this initiative measure, if approved by the voters, would confirm and continue in effect the current business license tax for commercial parking facilities. The current business license tax is set at eight percent of gross receipts for commercial parking facilities within South San Francisco. The current rate of eight percent has been in effect since 1993. If this measure were approved by the voters, the operators of the commercial parking facilities would continue to pay the same tax rate they have been paying since 1993.

The proposed ordinance included in the initiative measure is being placed before the voters in response to a recent California Supreme Court decision involving a different city that clarified the process necessary for approving and confirming taxes previously imposed by cities. If this initiative measure is not approved by the voters the commercial parking facility business license tax will be reduced to a rate of four percent of the gross receipts for the commercial parking facility.

The funds received by the commercial parking facility business license tax are placed into the City's General Fund to be used by the City for general city purposes and services as approved by the City Council.

If this initiative measure were approved, voter approval would be required to further amend or repeal the provisions approved by this initiative measure.

South San Francisco Online: Election Information

South San Francisco Online provides additional information on South San Francisco Measure L for the November 6th General Election

This initiative measure is presented to the voters in response to a recent Supreme Court decision involving another city that clarified the requirements for imposing taxes. Based on this decision, we wanted the voters to have the opportunity to confirm and approve the existing tax rate of eight percent of gross receipts applicable only to commercial parking facilities. Our commercial parking companies have operated very successfully under the current tax rate and we expect they will continue to do so in the future.

The funds generated by the commercial parking business license tax assist the City in funding street and traffic improvements, planting green spots, upgrading playgrounds, and increasing our library resources. These funds also help to provide quality police, fire, paramedic and other city services. If this measure is not approved by the voters, the City will likely lose between $500,000 and $600,000 annually in general revenues needed to fund the services desired by our residents.

Please help us in maintaining our current service levels by voting Yes on Measure L.

/s/ Joseph Fernekes
Mayor, South San Francisco

/s/ Eugene Mullin
Mayor Pro Tem, South San Francisco

/s/ Dennis Rosaia
Business Owner

/s/ Beverly Bonalanza Ford
City Treasurer, City of South San Francisco

/s/ Sylvia Payne
City Clerk, City of South San Francisco

Lawbreakers: The Supreme Court found 1986's Prop 62 to be constitutional in 1995 (Santa Clara County v. Guardino), affirming that such taxes, raised without voter approval, are indeed illegal. South San Francisco nevertheless thumbed its nose at the voters and the Court and continued to collect the 4% overcharge. The city is bowing to the law only now because a new Supreme Court decision (HJTA v. La Habra) has clarified eligibility to sue for continuing to overcharge taxpayers. The illegality of the tax itself was established 6 years ago.

Don't reward these scofflaws with your approval. Vote 'NO'.

/s/ John J. Hickey
Chair, Libertarian Party of San Mateo County

/s/ Margret Buckley Schmidt
Treasurer, Libertarian party of San Mateo County

/s/ Christopher VA Schmidt
Retired Computer Professional

And let's not forget - this tax raises the cost of parking for everyone.

Another Moral Question: The city is in the parking lot business too. Is it fair that they can levy a tax on their competition? Should the library be permitted to levy a 8% surtax on bookstores in the city?

A Legal Question: If the voters passed an initiative (Prop 62 in 1986) which required voter approval of such taxes, was it OK to ignore the law and raise the tax without a vote?

The City of South San Francisco thought so, and raised the tax before putting it on the ballot.

Don't encourage this kind of opportunistic bullying. Vote "NO" and help put a politician on the straight and narrow path.

/s/ John J. Hickey
Chair, Libertarian Party of San Mateo County

/s/ Margret Buckley Schmidt
Treasurer, Libertarian Party of San Mateo County

/s/ Linden Hsu
Secretary, Libertarian Party of San Mateo County

/s/ Christopher Schmidt
Retired Computer Professional

There is no competition between these parking companies and the City, which is not involved in providing this type of parking. The opposing argument appears on the ballot of many cities in the area with similar measures, but is inaccurate regarding South San Francisco. This fee does not affect our residents. Parking companies in our City, using our roads and facilities, should pay their own way, and we ask for your confirmation of the current rate.

We ask you to join us in voting Yes on Measure L.

/s/ Joseph Fernekes
Mayor, City of South San Francisco

/s/ Eugene R. Mullin
Vice Mayor, City of South San Francisco

THE PEOPLE OF THE CITY OF SOUTH SAN FRANCISCO DO ORDAIN AS FOLLOWS:

Section 1 Purpose

The purpose of this Ordinance is to confirm and approve an increase in the existing City of South San Francisco Commercial Parking Facility License tax from four percent (4%) to eight percent (8%) of gross receipts received by commercial parking facilities.

Section 2 Amendment to Section 6.16.047 of the South San Francisco Municipal Code

Subsection (c) is hereby amended to read as follows:

The license tax payable by operator shall be eight percent of the gross receipts received from facilities operated within South San Francisco without deduction therefrom.

Section 3 Severability and Interpretation

This ordinance shall be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, subsection, sentence, clause, phrase, part, or portion of this initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this measure. The People of the City of South San Francisco hereby declare that this ordinance, and each section, subsection, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, sentences, clauses, phrases, parts, or portions are declared invalid or unconstitutional. If any provision of this ordinance is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this ordinance that can be given effect without the invalid application. This ordinance shall be broadly construed in order to achieve the purposes stated in this ordinance.

Section 4 Amendment or Repeal:

This ordinance may be amended or repealed only by a vote of the People of the City of South San Francisco.

Section 5 Challenge to Tax:

Any action to challenge the tax imposed by this ordinance shall be brought pursuant to Code of Civil Procedure Section 860 et seq.

Section 6 Effective Date:

This ordinance shall be effective ten days after the City Council declares that this ordinance has been submitted to and approved by a majority vote of the voters of South San Francisco.