HomeMy WebLinkAbout05- City Adminstrator CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Shauna Clark Subject: Rescheduling of Police Parcel Tax
City Administrator Election.
Dept:
Date: July 2, 1996 � �Ir7L
Synopsis of Previous Council action:
At the June 3, 1996 meeting of the Mayor and Common Council , the City
Clerk was directed to notify the Registrar of Voters that the City is
planning to submit a Measure no later than July 5, 1996, for inclusion
on the November ballot .
Recommended motion:
That the proposed parcel tax election for Police services, preliminarily
scheduled for November, 1996 , be rescheduled to the first available
election date in March, 1997, due to the uncertain and possible exigent
circumstances generated by the "Right to Vote on Taxes Act" initiative
which will appear on the November ' 96 ballot ; and that the City Attorney
be directed to follow up with the necessary documentation for Council
action at the appropriate time .
WOE 8 igr ature
Contact person: Shauna Clark Phone: 384-5122
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: 7
7 A A?4
cBy U
U
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO SUBMITTING TO THE ELECTORS A MEASURE TO ADOPT AND
3 LEVY A SPECIAL TAX TO PAY FOR ADDITIONAL POLICE OFFICERS,EQUIPMENT
AND ATTENDANT EXPENSES AND REQUESTING THAT SUCH SPECIAL MUNICIPAL
4 ELECTION BE CONSOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY
THE COUNTY OF SAN BERNARDINO ON NOVEMBER 5, 1996
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Recitals.
8 A. Ordinance No. MC- ,has been adopted by the Mayor and Common Council of
9 the City of San Bernardino on, , 1996, submitting to the electors of the City of San
10 Bernardino the following measure:
11 "Shall the City of San Bernardino annually levy special taxes on or with
12 respect to parcels of property to replace the street lighting and street
13 sweeping assessment and to pay for additional police officers, employees,
14 equipment and attendant costs, which shall not exceed in any fiscal year the
15 amounts specified in Ordinance No. MC- of the City of San
16 Bernardino for the types of property specified in that ordinance and which
17 will be collected as provided therein?"
18 B. It is desirable that the special municipal election to consider said measure be
19 consolidated with the general presidential election conducted within the county by the County of San
20 Bernardino on Tuesday,November 5, 1996; that within the City of San Bernardino the precincts,
21 polling places and election officers for the two elections be the same; that the Board of Supervisors
22 of the County of San Bernardino canvass the returns of the City election; and that the county general
23 presidential election and the special municipal election be held in all respects as if there were only
24 one election.
25 SECTION 2. Special Municipal Election Called. A special municipal election is called
26 and will be held in the City of San Bernardino on Tuesday,November 5, 1996, for the purpose of
27
28 DAB/tbm [Tax.Res] 1
7-3-96
7-1-94 sA - -
1 submitting to the qualified electors of the City, for their consideration, the measure set forth above.
2 SECTION 3. Request for Consolidation of Elections. Pursuant to Section 10403 of the
3 Elections Code, the Mayor and Common Council of the City of San Bernardino request that the
4 Board of Supervisors of the County of San Bernardino consolidate the City's special municipal
5 election with the county general presidential election to be held on Tuesday,November 5, 1996.
6 SECTION 4. Measure. The measure to be voted on at the special municipal election as
7 it is to appear on the ballot shall be as follows:
8 "Shall the City of San Bernardino annually levy special taxes on or with
9 respect to parcels of property to replace the street lighting and street
sweeping assessment and to pay for additional police officers, Yes ❑
10 employees, equipment and attendant costs, which shall not exceed in
any fiscal year the amounts specified in Ordinance No. MC- of No ❑
11 the City of San Bernardino for the types of property specified hat
ordinance and which will be collected as provided therein?"
12
13 The measure shall be designated on the ballot by a letter printed on the left margin of the
14 square containing the description of the measure as provided in the Elections Code of the State of
15 California.
16 SECTION 5. Canvass of Returns by Board of Supervisors. The Board of Supervisors of
17 the County of San Bernardino is hereby authorized to canvass the returns of the special municipal
18 election called by this resolution and to conduct the special election and the county general
19 presidential election in all respects as if there were only one election with only one form of ballot.
20 Results of the municipal election shall be certified to the Mayor and Common Council of the City
21 of San Bernardino.
22 SECTION 6. Notice of Election. The City Clerk is hereby directed to publish notice of
23 the special municipal election which shall contain the following:
24 A. The date of the election;
25 B. That the last day for receipt of primary arguments for or against the measure has been
26 established as 5:00 p.m. on August 16, 1996, in the County Registrar of Voters Office, 777 E. Rialto
27 Ave., San Bernardino, California;
28 DAB/tbm [Tax.Res] 2
1 C. That the last day for receipt of rebuttal arguments is 5:00 p.m. on August 23, 1996, in
2 the County Registrar of Voters Office at the above location.
3 The City Clerk is directed to accept arguments and arrange for sample ballots, which shall
4 include the text of the proposed measure, in accordance with § 306, and § 9600, et seq., of the
5 Elections Code.
6 This notice may be combined with a notice of any other special municipal election to be held
7 on the same date.
8 SECTION 7. Conduct of Election. The special municipal election called by this resolution
9 shall be held in such precincts and at such polling places as shall be determined by the Registrar of
10 Voters of the County of San Bernardino. The Board of Supervisors of the County of San Bernardino
11 is hereby requested to issue instructions to the Registrar of Voters to take all steps necessary for the
12 holding of the consolidated election. The Mayor is hereby authorized to execute a contract for the
13 services necessary for conducting the municipal election.
14 SECTION 8. Filing of Resolution. The City Clerk of the City of San Bernardino is
15 directed to file a certified copy of this resolution with the Board of Supervisors of the County of San
16 Bernardino.
17 ///
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20
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25
26 ///
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28 DAB/tbm [Tax.Res] 3
I RESOLUTION . . . SUBMITTING TO THE ELECTORS A MEASURE TO ADOPT AND
LEVY A SPECIAL TAX TO PAY FOR ADDITIONAL POLICE OFFICERS, EQUIPMENT
2 AND ATTENDANT EXPENSES AND REQUESTING THAT SUCH SPECIAL MUNICIPAL
ELECTION BE CONSOLIDATED WITH THE GENERAL ELECTION CONDUCTED BY
3 THE COUNTY OF SAN BERNARDINO ON NOVEMBER 5, 1996
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6 day of, 1996, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 NEGRETE
9 CURLIN
10 ARIAS
11 OBERHELMAN
12 DEVLIN
13 ANDERSON
14 MILLER
15
16
17 CITY CLERK
18
19 The foregoing Resolution is hereby approved this day of ,
1996.
20
21
TOM MINOR, Mayor
22 City of San Bernardino
23 Approved as to form and
legal content:
24
JAMES F. PENMAN,
25 City Attorney
26
B
27
28 DAB/tbm [Tax.Res] 4
crop
ORDINANCE NO.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO PROPOSING THE
ADOPTION AND AUTHORIZATION OF THE LEVY OF SPECIAL TAXES TO PAY FOR
2 ADDITIONAL POLICE OFFICERS, EQUIPMENT AND ATTENDANT EXPENSES,
CALLING A SPECIAL ELECTION ON SUCH PROPOSITION FOR NOVEMBER 5, 1996,
3 AND PROVIDING FOR THE CONSOLIDATION OF THAT SPECIAL ELECTION WITH
THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5
ORDAIN AS FOLLOWS:
6
SECTION 1. Findings. The Mayor and Common Council of the City of San
7
Bernardino, California find and declare as follows:
8
(a) The City's revenues which are available for the funding of its Police Department have
9
not increased commensurately with the increase in the City's population and the attendant increase
10
in crime, gangs, drugs, and other public safety emergencies within the City.
11
(b) The Mayor and Common Council have received reports from the Chief of Police
12
indicating that the ability of the City's Police Department to provide adequate police protection
13
and to adequately respond to public safety emergencies could be significantly improved if the City
14
had a source of additional revenues with which to employ and retain additional Police Department
15
officers and employees, and purchase and acquire additional equipment for that department as
16
hereinafter specified.
17
(c) Pursuant to Government Code § 53978, the Mayor and Common Council may
18
19 propose by ordinance or resolution the adoption of a special tax, which proposition shall be
20 submitted to the voters of the City, and upon the approval of two-thirds of the votes cast by voters
21 voting in an election on the proposition, the Mayor and Common Council may collect the special
tax.
22
23 (d) The Mayor and Common Council have levied assessments within the City's
Assessment District No. 994, the boundaries of which are coterminous with the boundaries of the
24
25 City, for the maintenance of street lights and street sweeping within the City since 1990, as
26 amended and increased in 1994, and the revenues from those assessments have enabled the City
27 to divert other revenues which would have been utilized for that purpose to the funding of the
28 DAB:tbm [Tax.Ord] 1 June 27, 1996
PI►� .wu� _T> a 7w_qL 7-3-96
AN ORDINANCE . . . PROPOSING THE ADOPTION AND AUTHORIZATION OF
THE LEVY OF SPECIAL TAXES TO PAY FOR ADDITIONAL POLICE OFFICERS,
1 EQUIPMENT AND ATTENDANT EXPENSES, CALLING A SPECIAL ELECTION ON
SUCH PROPOSITION FOR NOVEMBER 5, 1996, AND PROVIDING FOR THE
2 CONSOLIDATION OF THAT SPECIAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
3
budget of the Police Department.
4
(e) An election should be called and held within the City on the proposition of the City
5
being authorized to annually levy and collect special taxes on or with respect to parcels of
6
property within the City to pay for additional Police Department officers, employees, equipment
7
and attendant costs on November 5, 1996, and that election should be consolidated with the
8
statewide general election which is to be held on that date.
9
(f) If that proposition is approved by two-thirds of the votes cast by voters voting thereon
10
in that election, the amount of the special tax which will be levied annually on or with respect to
11
a parcel improved with a single family residence, commencing in the 1997-98 fiscal year, will be
12
$86.98 as compared to the average assessment which has been levied on residential parcels within
13
Assessment District No. 994, in the amount of$65 per year, a difference of$21.98.
14
(g) If that proposition is so approved, the revenues from the levy and collection of the
15
special taxes shall be utilized only for the purposes specified in Section 6 of this Ordinance, and
16
the Mayor and Common Council shall discontinue the levy of assessments on parcels of property
17
within Assessment District No. 994.
18
19 (h) If that proposition is so approved, the Mayor and Common Council intend to provide
20 police protection services which will be commensurate with the population and needs of the City.
21 SECTION 2. Proposed Special Taxes. The Mayor and Common Council propose the
adoption of and the authorization for the Mayor and Common Council to annually levy special
22
taxes on or with respect to parcels of property within the City, as identified from the Assessors
23
24 Parcel Maps and Assessors Parcel Numbers of the County Assessor of the County of San
25 Bernardino, in an amount not to exceed the following amounts for the following types of property,
based on Assessment Units (AU):
26
(a) A vacant lot shall be .5 AU.
27
28 DAB:tbm [Tax.Ord] 2 June 27, 1996
AN ORDINANCE . . . PROPOSING THE ADOPTION AND AUTHORIZATION OF
THE LEVY OF SPECIAL TAXES TO PAY FOR ADDITIONAL POLICE OFFICERS,
1 EQUIPMENT AND ATTENDANT EXPENSES, CALLING A SPECIAL ELECTION ON
SUCH PROPOSITION FOR NOVEMBER 5, 1996, AND PROVIDING FOR THE
2 CONSOLIDATION OF THAT SPECIAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
3
(b) Commercial, Industrial and Retail property shall be 1 AU per quarter acre of
4
property.
5
(c) Multi-family property shall be .73 AU per living unit per parcel.
6
(d) Mobile Home Parks shall be .63 AU per mobile home per parcel.
7
(e) Condominiums and Planned Unit Developments (PUDs) shall be .9 AU per parcel.
8
(f) Single Family Homes shall be 1 AU per parcel.
9
SECTION 3. Value of Assessment Units. In the 1997-98 Fiscal Year the value of an
10
Assessment Unit shall not exceed $86.98; in 1998-99 such value shall not exceed $113.66; in
11
1999-2000, such value shall not exceed $138.66; in 2000-2001, such value shall not exceed
12
$158.87; and in 2001-2002 such value shall not exceed $169.84.
13
SECTION 4. Call of Election. The Mayor and Common Council hereby call a special
14
election on the proposed special taxes and on the proposition set forth in Section 4 below for
15
Tuesday, November 5, 1996. Pursuant to Elections Code § 10403, said election shall be
16
consolidated with the statewide general election which will be held on November 5, 1996, so that
17
the proposition set forth in Section 4 will appear on the same ballot as that provided for said
18
statewide election.
19
SECTION 5. Proposition. The proposition to be submitted to the voters in said election
20
shall be as follows:
21
22 "Shall the City of San Bernardino annually levy special taxes on or with respect
to parcels of property to replace the street lighting and street sweeping assessment
23
and to pay for additional police officers, employees, equipment and attendant costs,
24
which shall not exceed in any fiscal year the amounts specified in Ordinance No.
25
26 MC- of the City of San Bernardino for the types of property specified in that
ordinance and which will be collected as provided therein?"
27
28 DAB:tbm [Tax.Ord] 3 June 27, 1996
AN ORDINANCE . . . PROPOSING THE ADOPTION AND AUTHORIZATION OF
THE LEVY OF SPECIAL TAXES TO PAY FOR ADDITIONAL POLICE OFFICERS,
1 EQUIPMENT AND ATTENDANT EXPENSES, CALLING A SPECIAL ELECTION ON
SUCH PROPOSITION FOR NOVEMBER 5, 1996, AND PROVIDING FOR THE
2 CONSOLIDATION OF THAT SPECIAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
3
SECTION 6. Collection of Special Taxes. The special taxes shall, if approved by the
4
voters in said election, be levied and collected by the County of San Bernardino on behalf of the
5
City in the same manner and by subject to the same penalty and interest as all other taxes which
6
are collected by the County of San Bernardino on behalf of the City.
7
The Special Taxes shall be first collected in the 1997-98 Fiscal Year.
8
SECTION 7. Use of Revenues. The revenues from the collection of the special taxes,
9
net of an amount equal to the annual revenues from the assessments levied in Assessment District
10
No. 994 ($4,446,202) and processing and collection costs, shall be allocated for each fiscal year
11
in which those special taxes are levied to pay for additional officers, employees, equipment and
12
attendant costs. These uses shall include the hiring and payment of the salaries, benefits and other
13
related costs of additional sworn officers for the Police Department, and capital expenditures,
14
including the purchase of vehicles, computers, and radios and the purchase and implementation
15
of an automated report writing system, and acting as matching funds for federal, state or other
16
grants for police purposes.
17
An amount of the revenues from the collection of the special taxes equal to the annual
18
revenues from the assessments levied in Assessment District No. 994, shall be allocated and
19
utilized to pay expenses of the Police Department that have been incurred and paid from the
20
proceeds of such Assessment District since such assessments were initially levied.
21
SECTION 8. Segregation of Revenues The revenues received from the collection of
22
23 the special taxes shall be segregated from al other revenues of the City, shall not be a part of the
City's General Fund, and shall be utilized only for the purposes specified in Section 6 hereof.
24
25 SECTION 9. Discontinuance of Assessment District No 994 If the special taxes
26 specified in Section 2 above are approved by two-thirds of the votes cast by voters voting in the
27 special election thereon, the Mayor and Common Council shall levy the special taxes in lieu of
28 DAB:tbm [Tax.Ord] 4 June 27, 1996
AN ORDINANCE . . . PROPOSING THE ADOPTION AND AUTHORIZATION OF
THE LEVY OF SPECIAL TAXES TO PAY FOR ADDITIONAL POLICE OFFICERS,
1 EQUIPMENT AND ATTENDANT EXPENSES, CALLING A SPECIAL ELECTION ON
SUCH PROPOSITION FOR NOVEMBER 5, 1996, AND PROVIDING FOR THE
2 CONSOLIDATION OF THAT SPECIAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
3
and shall discontinue the levy of the assessments on parcels within Assessment District No. 994
4
in the 1997-98 Fiscal Year.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
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28 1 DAB:tbm [Tax.Ord] 5 June 27, 1996
AN ORDINANCE . . . PROPOSING THE ADOPTION AND AUTHORIZATION OF
THE LEVY OF SPECIAL TAXES TO PAY FOR ADDITIONAL POLICE OFFICERS,
1 EQUIPMENT AND ATTENDANT EXPENSES, CALLING A SPECIAL ELECTION ON
SUCH PROPOSITION FOR NOVEMBER 5, 1996, AND PROVIDING FOR THE
2 CONSOLIDATION OF THAT SPECIAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD ON THAT DATE
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4
Common Council of the City of San Bernardino at a meeting thereof,
5
held on the day of , 1996, by the following vote, to wit:
6
7 Council Members: AYES NAYS ABSTAIN ABSENT
g NEGRETE
9 CURLIN
10 ARIAS
11 OBERHELMAN
12 DEVLIN
13 ANDERSON
14 MILLER
15
16
CITY CLERK
17
The foregoing Ordinance is hereby approved this day of , 1996
18
19
20 TOM MINOR, Mayor
City of San Bernardino
21
22 Approved as to form
and legal content:
23
JAMES F. PENMAN,
24 City Attorney
25
26
By• /
27
28 1 DAB:tbm [Tax.Ord] 6 June 27, 1996
O PID
PROPOSED ELECTION CALENDAR
SPECIAL MUNICIPAL ELECTION
Monday, November 18, 1996 MCC adopt Resolution calling for
Special Election; Ordinance MC 877
calls for special election to be
held on a Tuesday, not less than 90
nor more than 135 days following
such a call
(Ordinance MC 877; EC 12001)
90 days from 11/18 = Sunday, Feb 16,
1997
135 days from 11/18 = Wed, April 2,
1997
Possible election Dates if called on
11/18/96
1 . Tuesday, February 18, 1997
2 . Tuesday, February 25, 1997
3 . Tuesday, March 4, 1997
4 . Tuesday, March 11, 1997
5 . Tuesday, March 18, 1997
6 . Tuesday, March 25, 1997
7 . Tuesday, April 1, 1997
Note: March 18 is recommended in
order to meet Election Code
publication deadlines.
Sunday, November 24, 1996 Publication of Notice of Election &
Measure Synopsis
(EC 12108, 12109, 12110, 12114 ; GC
6061)
E127 to E113
E127 is Monday November 11, 1996
E113 is Monday, November 25, 1996
Monday, December 2, 1996 5 : 30 p.m. deadline for submitting
arguments for or against measures .
Maximum 300 words (EC 9282 , 9283 ,
9286, 9287)
Monday, December 9, 1996 5 : 30 p.m. deadline for submitting
rebuttal arguments . Maximum 250
words (EC 9285, 9286, 9287)
Tuesday, December 10, 1996 10 Calendar-day Public Examination
to Thurs . December 19, 1996 (EC 9295)
1
Thursday, February 6, 1997 First day to mail sample ballots
(EC 9094)
E40 to E21
E40 is Thurs . 2/6/97
E21 is Tues . 2/25/97
Monday, February 17, 1997 MCC adopts Resolution designating
polling places and appointing
precinct boards
(EC 2326, 12328, 12330)
Must be done not less than 29 days
before election. 29th day is
Monday, 2/17/97
Monday, February 17, 1997 Deadline to register to vote in
order to be eligible to vote on
March 18, 1997
Monday, February 17, 1997 First day to apply for absentee
ballot
(EC 3001) E29
Sunday, February 23 , 1997 Publication of list of polling
places
(EC 12103 , 12104, 12108 , 12113 ; GC
6061)
Must be published not later than 20
days prior to election. 20th day is
Wednesday, 2/26/97
Tuesday, February 25, 1997 Last day to mail sample ballots
(EC 9094) E21
Tuesday, March 11, 1997 Last day to apply for absentee
ballot
(EC 3001) E7
Wednesday, March 12 , 1997 Training for precinct boards
(EC 12352, 12353)
Thursday, March 13 , 1997 Make up training class for precinct
boards
TUESDAY, MARCH 18, 1997 ELECTION DAY (7 a.m. to 8 p.m. )
Thursday, March 20, 1997 Official Canvass
(EC 15301)
2
Monday, April 7, 1997 Certification of results
(EC 15308)
Must be submitted to the Mayor and
Common Council within 28 days of
election. 28th day is Tuesday,
April 15, 1997 .
Prepared by: Rachel Clark, City Clerk
July 3 , 1997
3