HomeMy WebLinkAboutAS3-City Attorney
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, CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: James F. Penman, 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 b;f.2/3 of the
'toters. . .
Dept: City Attorney
Date: November 13, 1996
~(Q)[PW
Synopsis of Previous Council action:
Assessment District #994
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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.)
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(Acct. Description)
Finance:
Council Notes:
Continued to
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Agenda Item No.I1S-.3
See Related Item t tJ
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STAFF REPORT
Council Meeting Date: December 2. 1996
TO: Mayor and Common Council
FROM: Dennis A. Barlow, Sr. Assistant City Attorney
DATE: November 27,1996
AGENDA ITEM: An Ordinance. , . adding Chapter 3.65 to the San Bernardino
Municipal Code relating to a special tax for police and frre protection and
providing that it shall not take effect until approved by % of the voters
Crime is still a ~ious problem in our community and ability to respond through
normal revenue channels has not been adequate. When coupled with the 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 wpuld 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]
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.
Revision
At the meetinl1 of the M~yor and Common Council held on Monday. November
18. a similar ordinance was introduced and the first readinl1 waived. The only chan~e we
have made to this ordfnance is to specifically provide on pa~e 3 that the same exemptions
and tax a.~sistance procedures as apply to state imposed ad valorem property taxes will
~pply to this special tax. These include the exemptions provided by the State Constitution
for libraries. museums. churches. nOQprofit cemeteries and charitable uses. and provides
that some homeowners and renters may receive tax assistance due to age. income and/or
disability. The new language is on lines 13 to 19 of page 4 and we have noted that change
in the hig:hlil1hted versions that will be distributed at the meeting:. This chang:e requires
that a new first reading be conducted.
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DABI]s [SpecTax.Rptj
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ORDINANCE NO.
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 AND FIRE PROTECTION AND PROVIDING THAT IT SHALL NOT TAKE
I 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
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8 1994, with a 19~6-97 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
II 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 imposing 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 impaired if the City does not receive an additional source of revenues with
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which to employ and retain additional Police Department and Fire Department officers and
purchase and acquire additional equipment for those departments as hereinafter specified.
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f. The need for additional police officers and additional fire protection assistance continues
to be a significant need in the City of San Bernardino which cannot be funded out of standard City
revenues, without severe cuts in other City services and programs.
g. City-wide Street Sweeping and Street Lighting Assessment District #994 will expire
in July 1997, which will necessitate the reduction of the staffing increases that the revenues from
that district allowed without a source of revenue to replace the assessment district revenue.
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DAB:tbm[SpecTax.Ord]
November 27, 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.
h. Government Code 950077 grants the Mayor and Common CQuncil 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
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8 within the City to pay for additional Police and Fire Department 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
I I 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 I. 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 950077.
SECTION 2, Chapter 3.65 is hereby added to the San Bernardino Municipal Code
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"3.65.010. Special Tax Imposed. Pursuant to the authority of
California Constitution, Article XIIIA, 94, and Article XIIIC, 92(d), and
Government Code 950077 and 953978, 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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DAB:tbm[SpecTax.Ord]
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November 27. 1996
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 I following the approval of this Ordinance by the voters
pursuant to 93.65.170, the Street Sweeping and Street Lighting Assessment
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I51strict #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 same exemptions and assistance as apply to ad valorem property
taxes shall apply to the special taxes collected under this Ordinance,
including, but not limited to, the exemptions found in Article XIII, 93 of
the California Constitution, and the exemptions adopted by the State
Legislature pursuant to Article XllI, 94 of the California Constitution, and
the "Senior Citizens Property Tax Assistance and Postponement Law
(Revenue and Taxation Code 920501 eq seq.). The special taxes shall be
first collected in the 1997-98 fiscal year.
3.65.030.
Police and Fire Protection Funds Created. There is
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hereby created a Police Tax Fund and a Fire Protection Tax Fund into
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which the proceeds of the special tax imposed pursuant to 93.65.010 shall
be deposited. Income/interest from the normal investing of such funds
shall be restricted to uses for police and fire as specified in 93.65.040.
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3.65.040.
Authorized Uses of Funds. The tax funds generated from
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the special tax imposed pursuant to Section 3.65.010 shall be used only as
follows:
DAB:tbm[SpecTax.Ord)
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November 27, 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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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
Lighting Assessment District #994, the special tax revenues provided
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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 (CPI), 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.
3.65.060. Audit. The annual independent audit of the City's fmances,
mandated by Charter 950, shall pay particular attention to the Police Tax
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Fund and the Fire Protection Tax Fund to assure that all money collected
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from the special tax imposed by this Chapter was properly placl!d 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 93.65.040 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
DAB:tbm[SpecTax.Ord]
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November 27, 1996
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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regular meeting of the Common Council shaH notify the Common Cb\mcil
of the deviation(s) in open session.
If such deviations are not found the auditor shaH 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
appointed, or for any other city employee with duties relevant to the Police.
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Tax Fund and Fire Protection Tax Fund, to: a) tail to place into the Police
Tax Fund and/or the Fire Protection Tax Fund any money coHected
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 fue uses described in g3.65.040 herein, the normal
investing by the City Treasurer mentioned in g3.65.030 herein excepted.
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3.65.080.
A.
Violation - Penalty.
Any person violating any provision of this Chapter is guilty
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of a misdemeanor, which upon conviction thereof is punishable by
imprisonment in the county jail not exceeding six months, or a fine not
exceeding One Thousand Dollars, or both such imprisonment and fine.
B. In addition to the fine/imprisonment in paragraph A, the
office held by any elected official convicted under this Chapter shaH,
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immediately upon conviction or upon entry of a guilty plea, and without
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any other action being necessary, become vacant and the official so
convicted or pleading guilty shaH 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" shaH
have the same force and effect as a plea of "guilty".
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C.
In addition to the fine/imprisonment in paragraph A, any
DAB:tbm[SpecTax.Ordj
5
November 27, [996
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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appointed official/employee of this city convicted under this Chapter shall,
immediately upon conviction or upon entry of a guilty plea, be ten:ninated
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
of the City of San Bernardino notwithstanding. For purposes of this section
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a plea of "no contest" shall have the same force and effect as a plea of
"guilty" .
3.65.090.
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Civil Liability for Violating Chapter. Any person or
persons who 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.
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3.65.100
Civil Action. 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
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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.
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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
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DAB:tbm[SpecTax.Ordj
6
November 27,1996
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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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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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
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judgment has been entered or a settlement approved by the court in a
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previously filed action. The court may dismiss a pending actlon 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. Determination of Liability; Disposition of Award. In
determining the amount of liability under ~3.65.090 and ~3.65.100, the
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DAB:lbm[SpecTax.Ord]
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November 27, 1996
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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court may take into account the seriousness of the violation and the l:Iegree
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.
3.65.140.
Limitation of Actions. No civil action alleging a violation
pursuant to ~3.65.090 or ~3.65.100 shall be filed more than four years
after the alleged violation occurred.
3.65.150.
Costs and Attorney Fees; Plaintifrs 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 ~3.65.100.
"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 final
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 ($5,000) to be paid into the General Fund
of the City of San Bernardino.
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3.65.170. Voter Approval. This Chapter shall only talte effect if
approved by % of the voters voting at an election held within one (I) year
of the adoption of this Chapter by the Mayor and Common Council.
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3.65.180.
Liberal Construction. 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
DAB:lbm[SpecTax.Ord]
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November 27, 1996
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.
~3.65.040. ' ,
2 3.65.190. Severability. If any provision of this Chapter, or part
3 thereof, is for any reason held to be invalid or unconstitutional, the
4 remaining provisions shall not be affected, but shall remain in full force
5 and effect, and to this end the provisions of this Chapter are severable."
6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
7 Common Council of the City of San Bernardino at a meeting thereof,
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8 held on the day of , 1996, by the following vote, to wit:
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Council Members:
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AYES
NAYS
ABSTAIN
ABSENT
NEGRETE
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CURLIN
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ARIAS
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OBERHELMAN
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DEVLIN
IS
ANDERSON
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MILLER
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U I Y CLEKK.
The foregoing Ordinance is hereby approved this _ day of
,1996
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I UM MINUR, Mayor
City of San Bernaroino
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Approved as to form
24 and legal content:
25 JAMES F. PENMAN,
26 City Attorney
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November 27, 1996
TABLE I
Properties FY 1997-98 FY 1998-99 FY 1999-00 FY 2000-01 FY 2000-02 and
, , thereafter
Vacant $50.88 per parcel $60.25 per parcel $76.56 per parcel $90.28 per parcel $91.88 per parcel
Unimproved $50.88 per parcel $60.25 per parcel $76.56 per parcel $90.28 per parcel $91. 88 per parcel
College
Unimproved $50.88 per parcel $60.25 per parcel $76.56 per parcel $90.28 per parcel $91. 88 per parcel
Cemetery
Warehouse $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Light Industrial $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Heavy $407.00 peracre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Industrial
Food $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Processing
Metals $407.00 per acre $482.00 per acre $612.44 per acre 5722 .1d per acre $735 per acre
Water $50.88 per parcel $60.25 per parcel $76.56 per parcel $90.28 per parcel $91.88 per parcel
Distribution
Systems
Parking Lots $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Downtown $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Spot Retail $407.00 per acre $482.00 per acre 5612.44 per acre 5722.20 per acre 5735 per acre
Retail Strip $407.00 per acre $482.00 per acre $612.44 per acre 5722.20 per acre $735 per acre
Amusement $407.00 per acre $482.00 per acre 5612.44 per acre 5722.20 per acre $735 per acre
and Recreation
Bank, Savings $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
and Loan, etc.
Motels and $407.00 per acre $482.00 per acre 5612.44 per acre $722.20 per acre 5735 per acre
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General Office $407.00 per acre $482.00 per acre $612.44 per acre $722. 20 p~r acre $735 per acre
Office Condo $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Industrial $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Condo
MedicallDental $407.00 per acre $482.00 per acre 5612.44 per acre $722.20 per acre $735 per acre
Building
Service Station $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Auto Garage $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Shopping $407.00 per acre $482.00 per acre $612.44 per acre $722.20 per acre $73.5 per acre
Center
Mobile Home $31.54 per unit $37.36 per unit $47.46 per unit $55.97 per unit $56.96 per unit
Park
Fraternal $101.75 per parcel $120.50 per parcel $153.11 per parcel $180.55 per unit $183.75 per parcel
Society
Educational $50.88 per acre $60.25 per acre $76.56 per acre $90.28 per acre $91. 88 per acre
Cemetery $50.88 per acre $60.25 per acre $76.56 per acre $90.28 per acre $91. 88 per acre
Mortuary $407.00 peycre $482.00 per acre $612.44 per acre $722.20 per acre $735 per acre
Veterans $101.75 per parcel $120.50 per parcel $153.11 per parcel $180.55 per parcel $183.75 per parcel
Organization
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Mise $101.75 per parcel $120.50 per parcel $153.11 per parcel $180.55 per parcel $183.75 per parcel
Residential . .
Structure
Single Family $10 I. 75 per parcel $120.50 per parcel $153.11 per parcel $180.55 per parcel $183.75 per parcel
Residential
(Suitable for
Permanent Use)
Mobile Home $64.10 per parcel $75.92 per parcel $96.46 per parcel $113.75 per parcel $115.76 per parcel
Subdivision
(Improved)
Mobile Home $64.10 per unit $75.92 per unit $96.46 per unit $113.75 per unit $115.76 per parcel
Inside Park
(Lease)
Mobile Home $64.10 per unit $75.92 per unit $96.46 per unit $113.75 per unit $115.76 per parcel
Outside Park
(Fee)
Mobile Home $64. 10 per unit $75.92 per unit $96.46 per unit $113.75 per unit $115.76 per parcel. .
Accessories --
(Leased)
Courts $64.10 per unit $75.92 per unit $96.46 per unit $113.75 per unit ., $115.76 per parcel
(Residential)
Two Single $183.15 per parcel $216.90 per parcel $275.60 per parcel $324.99 per parcel $330.75 per parcel
Family
Residential
Only
11
Three Single $274.73 per parcel $325.35 per parcel $413.40 per parcel $487.49 per parcel $496.13 per parcel
Family
Residential
Only
Four Single $366.30 per parcel $433.80 per parcel $551.20 per parcel $649.98 per parcel $661.50 per parcel
Family .
Residential
Only
Five Single $457.88 per parcel $542.25 per parcel $689.00 per parcel $812.48 per parcel $826.88 per parcel
Family
Residential
Only
Six Single $547.45 per parcel $650.70 per parcel $826.79 per parcel $974.97 per parcel $992.25 per parcel
Family ~
Residential
Only
Seven Single $641.03 per parcel $759.15 per parcel $964.59 per parcel $1,137.47 per $1,157.63 per
Family parcel parcel
Residential
Only
Eight Single $732.60 per parcel $867.60 per parcel $1,102.39 per $1,299.96 per $1,323 per parcel
Family parcel parcel
Residential
Only
Condominium $91.58 per parcel $108.45 per parcel $137.80 per parcel $162.50 per parcel $165.38 per parcel
Co-op
Government $74.28 per unit $87.97 per unit $111.77 per unit $131.80 per unit $134.14 per unit
Assisted
Apartment
Program
Condos Used $74.28 per unit $87.97 per unit $111. 77 per unit $131.80 per unit $134.14 per unit
for Apartments
Townhouse- $74.28 per unit $87.97 per unit $111.77 per unit $131.80 per unit $134.14 per unit
type
Apartments -
Garden-type $74.28 per unit $87.97 per unit $111.77 per unit $131.80 per unit .' $134.14 per unit
Apartments
Duplex $183.15 per parcel $216.90 per parcel $275.60 per parcel $324.99 per parcel $330.75 per parcel
Triplex, or $274.73 per parcel $325.35 per parcel $413.40 per parcel $487.49 per parcel $496.13 per parcel
Duplex and
Single
iii
Quad (True or $366.30 per parcel $433.80 per parcel $551.20 per parcel $649.98 per parcel $661.50 per parcel
Combination)
5 to 14 Units $74.28 per unit $87.97 per unit $111.77 per unit $131.80 per unit $134.14 per unit
and .
CombInation
Lowrise 1-2 $74.28 per unit $87.97 per unit $111. 77 per unit $131.80 per unit $134.14 per unit
Story 15-40
Units
Lowrise 1-2 $74.28 per unit $87.97 per unit $111. 77 per unit $131.80 per unit $134.14 per unit
Story 41-80
Units
Lowrise 1-2 $74.28 per unit $87.97 per unit $111.77 per unit $131.80 per unit $134.14 per unit
Story 81 and -
Over -
Highrise 3 + $74.28 per unit $87.97 per unit $111. 77 per unit $131.80 per unit $134.14 per unit
Story 15 +
Units
Recreation $91.58 per parcel $108.45 per parcel $137.80 per parcel $162.50'per parcel $165.38 per parcel
Cabin
Water Wen $50.88 per parcel $60.25 per parcel $76.56 per parcel $90.28 per parcel $91. 88 per parcel
Citrus $50.88 per parcel $60.25 per parcel $76.56 per parcel $90.28 per parcel $91. 88 per parcel
Dairy $50.88 per parcel $60.25 per parcel $76.56 per parcel $90.28 per parcel $91. 88 per parcel
Undefined $50.88 per parcel $60.25 per parcel $76.56 per parcel $90.28 per parcel $91. 88 per parcel
.:"
"
.'
IV
f _ "
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
DATE: December 2, 1996
TO: Honorable Mayor and Members of the city Council
FROM: Rachel Clark, City Clerk
SUBJECT: Special Election Called for March 18, 1997
COPIES:
City Attorney James F. Penman; City Administrator Shauna
Clark; Administrative Operations Supervisor Sandra
Medina; Deputy City Clerk Linda Hartzel
----------------------------------------------------------------
At this morning's Council meeting, the City Council voted
unanimously to table item #9 which was the second and final reading
of 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 2/3 Of
The Voters.
Additionally, on a related matter, the City Council voted to
continue to 4 p.m. on Tuesday, December 10, 1996, item AS3 which
was an amended version of the Ordinance titled above.
I believe that the action taken this morning to table #9 in effect
voids the deadlines set for filing arguments for/against the
measure. Resolution Nos. 96-352 and 96-353, adopted on November
18, 1996, clearly made reference to the fact that "... the Mayor
and Common Council have adopted Ordinance No. , subject to the
approval of 2/3 of the voters. ...". If that ordinance has been
tabled, then at this point there is no ordinance to submit to the
voters on March 18, 1997 and that makes the filing of arguments for
or against the measure a moot point.
Since numerous questions have arisen concerning the proposed
measure and provisions of the ordinance, I believe it would be in
the City'S best interest to postpone holding the special election
called for March 18, 1997 until such time as the Mayor and Council
adopt the final language for the ballot measure.
In keeping with provisions of Elections Code section 9605, an order
of election shall be amended or withdrawn upon the filing of a
resolution by the legislative body stating the specifics concerning
the amendment or withdrawal and such resolution shall be filed with
the elections official no later than the 83rd day prior to the
election. The 83rd day prior to March 18, 1997 is December 25,
1996. Therefore, pursuant to Elections Code Section 9605, I will
prepare a Resolution for your approval on December 10, 1996.
I J../L/,"
" , ~A.s.3
-;
Honorable Mayor and Members of the City Council
December 2, 1996
Page two
In the interim, staff and I will work on suggesting
to reschedule the special election and will
information at the next Council meeting.
C7~h.~k-
R~l G. Clark
City Clerk
possible dates
present such
~-~A'
'~;..,....
MEASURE S
IMPARTIAL ANAL YSIS BY CITY ATTORNEY
The money assessed and collected by the city-wide Street Sweeping and Street LightingAssessment
District ($64.00 per year per single family residence) has been used for several years to indirectly
fund a number of police officer positions. That assessment district expires in July, 1997. .
This measure would replace that assessment district effective July, 1997 and would enact a city
ordinance establishing a special tax on real property in the city to be spent only on the specific police
and fire needs described below. The cost will be $10 I. 75 per year per single family residence ($8.48
per month) gradually increasing, over five (5) years, to a maximum of$183.75 per year per single
family residence ($15.32 per month). Other types of properties, such as commercial, industrial,
multi-family, etc., would be taxed proportionately, either more or less.
For police, this ordinance provides that all money collected shall only be spent on front-line police
officers, necessary uniforms and equipment and matching funds for grants. Forfire, all money
collected shall only be spent on fire personnel, fire equipment and matching funds for grants.
This ordinance requires that the auditor conducting the annual independent city audit must pay
special attention to these funds; any deviations must be reported publicly at the first council meeting
after discovery.
This ordinance makes it a criminal misdemeanor for any city official to put these funds to any use
other than for police and fire as stated above. Any city official, elected or appointed, convicted
under this ordinance would be fined up to $1,000 or jailed for up to six months, or both fined and
jailed. This is the maximum penalty allowed by the city municipal code. Also, any elected or
appointed official convicted under this section would immediately be removed from office. Finally,
either the City Attorney or any private taxpayer/resident may bring a lawsuit under this ordinance
to make any official who misappropriates any of these funds repay the police and/or fire fund out
ofhislher O\'in pocket.
The additional police and fire funds provided by this tax may not be used to reduce the regular
budgets for the police and fire departments. This measure establishes minimum police and fire
department"generaHUnd budgets. Each year these minimum budgets ~ould be adjusted by the
Consumer Price Index (not to exceed 10%), and by the amount necessary to pay any increases
required Wyllie City' svoter-enacted Charter.
Some homeowners or renters may receive, upon application and review of income, tax assistance
due to ag~(QYS;r.62) and/or disability under state law (Revenue & Ta.""Cation Code g20501, et seq.,
and g20581, et seq.) and this measure.
A "yes" vote would approve the measure and the special tax with the safeguards as outlined above.
A "no" vote would reject the measure. The measure requires 2/3 vote for approval. This ordinance,
if approved, may only be amended or repealed by a vote of the people.
-1-53
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