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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From:
eept:
James F. Penman, City Attorney
City Attorney
Subject:
Ord...Adding Chapter 3.65 to the San
Bernardino Municipal Code Relating to a
Special Tax for Police and Fire Protection
And Providing That it Shall Not Take
Effect Until Approved by 2/3 of the
Voters. "
Date: November 13, 1996
~(Q)[PW
Synopsis of Previous Council action:
Assessment District #994
Recommended motion:
Waive further reading and layover for final adoption.
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Contact person.
Dennis A. Barlow
Phone:
5355
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Previously
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Agenda Item No._ g f
75-0262
See Related Item.,/t5 3
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STAFF REPORT
Council Meeting Date: November ]8. ]996
TO: Mayor and Common Council
FROM: Dennis A. Barlow, Sr. Assistant City Attorney
DATE: November 13,1996
AGENDA ITEM: An Ordinance. . . adding Chapter 3.65 to the San Bernardino
Municipal Code relating to a special tax for police and fire protection and
providing that it shall not take effect until approved by % of the voters
Crime is still a serious problem in our community and ability to respond through.
normal revenue channels has not been adequate. When coupled witinhe expiration of the
City-wide Street Sweeping and Street Lighting Assessment District #994 in July of next year,
and the resultant loss of the general fund monies made available by this district, this problem
becomes even more immediate.
Both Proposition 13 and the recent Proposition 218 allow local governments to present
a proposition for a special tax to the voters. Such special tax must be approved by a % vote.
The City Clerk has determined that the date of March 18, 1997 would meet the necessary time
lines for a special election on such a matter.
The attached ordinance would establish a special tax for police and fire protection at a
gradually increasing rate for the first 5 years, after which it would remain constant. For
instance the proposed annual tax on a single family residence would begin at $101.75 in fiscal
year 1997-98 ($8.48 per month), and increase to $120.50 in fiscal year 1998-99 ($10.04 per
month), and $153.11 in fiscal year 1999-00 ($12.76 per month), $180.55 in fiscal year 2000-
01 ($15.05 per month), and $183.75 in fiscal year 2001-02 and thereafter ($15.31 per month).
The money would be earmarked for use for front-line police officers and related
equipment and fire fighters and related equipment, as well as grant matches. To assure the
voters that the funds would be used for the purpose intended, the ordinance would make it a
misdemeanor for any City officer or employee, either elected or appointed, to divert such
funds to any other use. In addition to a criminal penalty, such a conviction would result in
removal from office or employment of the offending officer or employee, and the
disqualification for office or employment in the City for 8 years.
The ordinance provides that income from the special tax may not be used to supplant
general fund monies which have historically been budgeted for police and fire. To accomplish
this, the ordinance also establishes a minimum base budget for the police and fire departments
which amount would be subject to annual adjustments based on the CPI and the necessities of
DAB/js [SpecTax.Rpt)
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Charter Section 186.
The ordinance also allows the City Attorney, and in some cases, private citizens, on
behalf of the City, to bring an action against a City officer or employee, in their personal
capacity, to recover for the police and fire funds, monies that have been diverted contrary ,to
the terms of the ordinance.
The ordinance is only effective when approved by 0/3 of the voters of the City voting on
the measure.
DAB/js [SpecTax.Rpt]
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ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 3.65
TO THE SAN BERNARDINO MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR
POLICE Al~ FIRE PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE
EFFECT UNTIL APPROVED BY % OF THE VOTERS.
2 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
3 ORDAIN AS FOLLOWS:
4 SECTION 1. Findings. The Mayor and Common Council of the City of San
5 Bernardino do hereby find and determine as follows:
6 a. In 1990, the Mayor and Common Council did adopt a City-wide assessment district
7 known as Assessment District #994, which district was continued, expanded and increased in
8 1994, with a 1996-97 single family assessment of $64 per parcel.
9 b. The purpose of said City-wide Assessment District #994 was for street sweeping and
10 street lighting costs, as well as graffiti removal, thereby freeing up money in the City's General
11 Fund to be used for additional police officers and related costs.
12 c. The Mayor and Council have publicly committed to place the question of this additional
13 cost before the voters of the City for their approval.
14 d. It appears appropriate and less confusing to present to the voters a direct special tax
15 for police and fire services rather than the indirect method of itnposing an assessment for street
16 sweeping and street lighting.
17 e. The Mayor and Common Council have received reports from the Chief of Police and
18 the Fire Chief indicating that the ability of the City's Police and Fire Departments to provide
19 adequate police and fire protection service and to adequately respond to public safety emergencies
20 could be severely itnpaired if the City does not receive an additional source of revenues with
21 which to employ and retain additional Police Department and Fire Department officers and
22 purchase and acquire additional equipment for those departments as hereinafter specified.
23 f. The need for additional police officers and additional fire protection assistance continues
24 to be a significant need in the City of San Bernardino which cannot be funded out of standard City
25 revenues, without severe cuts in other City services and programs.
26 g. City-wide Street Sweeping and Street Lighting Assessment District #994 will expire
27 in July 1997, which will necessitate the reduction of the staffmg increases that the revenues from
. 28 that district allowed without a source of revenue to replace the assessment district revenue.
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November 18, 1996
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AN ORDINANCE. . . ADDING CHAPTER 3.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE
PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL
APPROVED BY % OF THE VOTERS.
1 h. Government Code ~5oo77 grants the Mayor and Common Council the power to
2 propose a special tax by ordinance which shall only be done following notice and a public hearing,
3 which proposition shall be submitted to the voters of the City, and upon the approval of % of the
4 votes cast by voters voting in an election on the proposition, the City shall levy and collect the
5 special tax.
6 i. An election shall be called and held within the City on the proposition of the City being
7 authorized to annually levy and collect special taxes on or with respect to parcels of property
8 within the City to pay for additional Police and Fire Departtnent officers and equipment on March
9 18, 1997.
10 j. If that proposition is approved by % of the votes cast by voters voting thereon in that
11 election, the amount of the special tax which will be levied annually on or with respect to a parcel
12 improved with a single family residence, commencing in the 1997-98 fiscal year, will be $101.75;
13 in 1998-99, $120.50; in 1999-00, $153.11; in 2000-01, $180.55; and in 2001-02 and thereafter,
14 $183.75.
15 k. If the proposition is so approved, the revenues from the levy and collection of the
16 special taxes shall be utilized only for the purposes specified in this Ordinance.
17 1. If the proposition is so approved, the Mayor and Common Council intend to provide
18 police and fire protection services which will be commensurate with the population and needs of
19 the City.
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m. The Mayor and Common Council have held a noticed public hearing with regard to
the proposed special taxes as required by Government Code ~50077.
22 SECTION 2. Chapter 3.65 is hereby added to the San Bernardino Municipal Code
23 to read as follows:
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"3.65.010. Special Tax Imposed. Pursuant to the authority of
California Constitution, Article XllIA, ~4, and Article )(lIIC, ~2(d), and
Government Code ~5oo77 and ~53978, there is hereby imposed upon the
real property within the City a special tax for police and fire protection as
specified in TABLE I, attached hereto and incorporated herein. The
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November 18, 1996
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AN ORDINANCE. . . ADDING CHAPTER 3.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE
PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL
APPROVED BY % OF THE VOTERS.
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income from said special tax shall be divided between the Police and Fire
Departments as follows: FY 1997-98: Police 72% and Fire 28%; FY 1998-
99: Police 62% and Fire 38%; FY 1999-00: Police 66% and Fire 34%; FY
2000-01: Police 69% and Fire 31 %; FY 2001-02 and thereafter: Police
69% and Fire 31 %.
On July 1 following the approval of this Ordinance by the voters
pursuant to ~3.65.170, the Street Sweeping and Street Lighting Assessment
District #994 shall expire and be of no further force and effect.
3.65.020. Collection. The special taxes shall be collected by the
County of San Bernardino on behalf of the City of San Bernardino in the
same manner and be subject to the same penalty and interest as all other
taxes which are collected by the County of San Bernardino on behalf of the
City. The special taxes shall be first collected in the 1997-98 fiscal year.
3.65.030. Police and Fire Protection Funds Created. There is
hereby created a Police Tax Fund and a Fire Protection Tax Fund into
which the proceeds of the special tax imposed pursuant to Section 3.65.010
shall be deposited. Income/interest from the normal investing of such
funds shall be restricted to uses for police and fire as specified in Section
3.65.040.
3.65.040.
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Authorized Uses of Funds. The tax funds generated from
the special tax imposed pursuant to Section 3.65.010 shall be used only as
follows:
a. In the Police Department only for front-line personnel, their
necessary uniforms, equipment and grant matches.
b. In the Fire Department only for fire personnel, uniforms, fire
equipment (purchase, lease/purchase and maintenance), and grant matches.
c. Except insofar as the funds to the Police and Fire Departments
are reduced by the expiration of the City-wide Street Sweeping and Street
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DAB:tbm[SpecTax.Ord)
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November 18, 1996
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-If...:::-',;,_
AN ORDINANCE. . . ADDING CHAPTER 3.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE
PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL
APPROVED BY % OF THE VOTERS.
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Lighting Assessment District #994, the special tax revenues provided
herein shall not be used to supplant general fund money provided to the
Police and Fire Departments.
3.65.050. Base Budget Amount. The general fund money budgeted
for the Police and Fire Departments shall not be reduced below that amount
budgeted in the 1996-97 fiscal year, which base amount shall be adjusted
each year by the changes in the Los Angeles-Anaheim-Riverside Consumer
Price Index (CPl), in an amount not to exceed ten percent (10%) per year
and by the amount necessary to fund the salaries and any overtime pay
increases required by Section 186 of the Charter of the City of San
Bernardino, except that salary adjustments and overtime increases required
pursuant to Charter Section 186 relative to new fire and police employees
hired with this special tax money may also be paid with such special taxes.
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3.65.060.
Audit. The annual independent audit of the City's fmances,
mandated by Charter ~50, shall pay particular attention to the Police Tax
Fund and the Fire Protection Tax Fund to assure that all money collected
from the special tax imposed by this Chapter was properly placed into the
Police Tax Fund and the Fire Protection Tax Fund and to assure that said
money was spent only for the uses described in ~3.65.040 herein.
In the event that the independent auditor discovers any deviation
from the requirements of this Chapter he/she shall immediately notify, in
writing, the Mayor, City Attorney and City Treasurer, who, at the next
regular meeting of the Common Council shall notify the Common Council
of the deviation(s) in open session.
If such deviations are not found the auditior shall likewise report
such findings in writing to the Mayor, City Attorney and City Treasurer.
3.65.070.
Criminal Act. It shall be unlawful, and therefore a criminal
act, for any official of the City of San Bernardino, either elected or
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November 18, 1996
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AN ORDINANCE. . . ADDING CHAPTER 3.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE
PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL
APPROVED BY 0/3 OF THE VOTERS.
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appointed, or for any other city employee with duties relevant to the Police
Tax Fund and Fire Protection Tax Fund, to: a) fail to place into the Police
Tax Fund and/or the Fire Protection Tax Fund any money collected
pursuant to the special tax imposed by this Chapter; or, b) take or transfer
or to direct, or order the taking or transference of any money from the
Police Tax Fund and/or the Fire Protection Tax Fund for any use other
than the police and fire uses described in ~3.65.040 herein, the normal
investing by the City Treasurer mentioned in ~3.65.030 herein excepted.
3.65.080. Violation - Penalty.
A. Any person violating any provision of this Chapter is guilty
of a misdemeanor, which upon conviction thereof is punishable by
imprisonment in the county jail not exceeding six months, or a [me not
exceeding One Thousand Dollars, or both such imprisonment and [me.
B. In addition to the [me/imprisonment in paragraph A, the
office held by any elected official convicted under this Chapter shall,
immediately upon conviction or upon entry of a guilty plea, and without
any other action being necessary, become vacant and the official so
convicted or pleading guilty shall not be permitted to be a candidate for, or
to hold, any office in this city for a period of eight years from the date of
said conviction. For purposes of this section a plea of "no contest" shall
have the same force and effect as a plea of "guilty" .
C. In addition to the [me/imprisonment in paragraph A, any
appointed official/employee of this city convicted under this Chapter shall,
immediately upon conviction or upon entry of a guilty plea, be terminated
from his/her position with the city and not be eligible for rehire for a
period of eight years from the date of said conviction. A criminal
conviction or guilty plea under this Chapter shall be final as to the
employment of any appointed official or employee, the Civil Service Rules
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November 18, 1996
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AN ORDINANCE. . . ADDING CHAPTER 3.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE
PROTECTION AL"'"D PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL
APPROVED BY % OF THE VOTERS.
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of the City of San Bernardino notwithstanding. For purposes of this section
a plea of "no contest" shall have the same force and effect as a plea of
"guilty".
3.65.090.
persons who
Civil Liability for Violating Chapter. Any person or
intentionally or negligently violates ~3.65.070 shall be
personally liable, jointly and severally, in a civil action brought by the City
Attorney on behalf of the City for an amount not more than the amount
taken or transferred or the amount that should have been placed into the
appropriate special tax fund.
A finding by a judge and/or jury that a defendant has violated,
either intentionally or negligently the provisions of ~3.65.070 in a civil
action shall be sufficient to establish liability.
3.65.100 Any resident of the City of San Bernardino or any owner of
property in the City of San Bernardino on behalf of the City may bring a
civil action against any person or persons who intentionally or negligently
violates ~3.65.070. Any person or persons found to have violated
~3.65.070 shall be personally liable, jointly and severally, for an amount
not more than the amount taken or transferred or the amount that should
have been placed into the appropriate special tax fund.
No civil action alleging a violation of this Chapter may be filed
against a person pursuant to this section if the City Attorney or other
criminal prosecutor is maintaining a criminal action against that person
pursuant to ~3.65.070.
A finding by a judge and/or jury that a defendant has violated,
either intentionally or negligently the provisions of ~3.65.070 in a civil
action shall be sufficient to establish liability.
3.65.110. Written Request to Commence Civil Action. Any resident
of the City of San Bernardino or any owner of property in the City of San
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November 18, 1996
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AN ORDINANCE. . . ADDING CHAPTER 3.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE
PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL
APPROVED BY % OF THE VOTERS.
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Bernardino before filing a civil action pursuant to ~3.65.100, must first file
with the City Attorney a written request for the City Attorney to commence
the action. The request shall include a statement of the grounds for
believing a cause of action exists. The City Attorney shall respond within
sixty days after receipt of the request, indicating whether he/she intends to
file a civil action. If the City Attorney indicates in the affirmative, and
files suit within sixty days after the date of the City Attorney's response,
no other civil action may be brought unless the action brought by the City
Attorney is dismissed without prejudice.
3.65.120. Limitation on Actions Pertaining to Single Violation;
Dismissals. Not more than one judgment on the merits with respect to any
violation may be obtained under ~3.65.090 and ~3.65.100. Actions brought
for the same violation or violations shall have precedence for purposes of
trial in order of the time filed. Such actions shall be dismissed once
judgment has been entered or a settlement approved by the court in a
previously filed action. The court may dismiss a pending action without
prejudice to any other action for failure of the plaintiff to proceed diligently
and in good faith. The action may be so dismissed on motion of the City
Attorney or any plaintiff in an action based on the same violation.
3.65.130. Detennination of Liability; Disposition of Award. In
determining the amount of liability under ~3.65.090 and ~3.65.100, the
court may take into account the seriousness of the violation and the degree
of culpability of the defendant. If a judgment is entered against the
defendant or defendants in an action brought under ~3.65.090 or
~3.65.100, the entire amount recovered shall be paid to/distributed between
the Police Tax Fund and/or the Fire Protection Tax Fund of the City of San
Bernardino in such division as the court determines.
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3.65.140.
Limitation of Actions, No civil action alleging a violation
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November 18,1996
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AN ORDINANCE. . . ADDING CHAPTER 3.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE
PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL
APPROVED BY % OF THE VOTERS.
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pursuant to ~3.65.090 or ~3.65.IOO shall be filed more than four years
after the alleged violation occurred.
3.65.150. Costs and Attorney Fees; Plaintiff's Bond. The court may
award court costs and reasonable attorney fees to the plaintiff or defendant
who prevails in an action brought pursuant to ~3.65.090 or ~3.65.IOO.
"Attorneys fees" as used in this section shall include the reasonable salary
and costs of the City Attorney's Office in such actions. On motion of any
party, a court shall require a private plaintiff to post a bond in a reasonable
amount at any stage of the litigation to guarantee payment of costs.
3.65.160. Sanctions. Where the defendant has prevailed in a fmal
determination of an action brought pursuant to ~3. 65.100 and the court
finds that the action was clearly frivolous and totally lacking in merit the
court may award sanctions against a private plaintiff in an amount not to
exceed Five Thousand Dollars to be paid into the General Fund of the City
of San Bernardino.
3.65.170. Voter Approval. This Chapter shall only take effect if
approved by 2/3 of the voters voting at an election held within one (I) year
of the adoption of this Chapter by the Mayor and Common Council.
3.65.180. Liberal Constmction. The provisions of this Chapter shall
be liberally construed to effectuate its purpose of assuring that money
collected under this special tax shall be used only for the purposes listed in
~3.65.040.
3.65.190. Severability. If any provision of this Chapter, or part
thereof, is for any reason held to be invalid or unconstitutional, the
remaining provisions shall not be affected, but shall remain in full force
and effect, and to this end the provisions of this Chapter are severable. "
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November 18, 1996
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AN ORDINANCE. . . ADDING CHAPTER 3.65 TO THE SAN BERNARDINO
MUNICIPAL CODE RELATING TO A SPECIAL TAX FOR POLICE AND FIRE
PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE EFFECT UNTIL
APPROVED BY % OF THE VOTERS.
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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2 Common Council of the City of San Bernardino at a
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.) held on the day of
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, 1996, by the following vote, to wit:
meeting thereof,
AYES
NAYS
ABST AIN
5 Council Members:
6 NEGRETE
CURUN
7
ARIAS
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9 OBERHELMAN
10 DEVLIN
ANDERSON
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MILLER
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ell Y CLbKK
The foregoing Ordinance is hereby approved this _ day of
1 UM MlNUK, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: t1~ i.(~
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ABSENT
, 1996
November 18, 1996