Loading...
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 /// 18 19 20 21 /// 22 23 24 25 26 /// 27 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 27 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