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HomeMy WebLinkAbout1991 102 CC RESO1991 102 CC RESO;¢f4çL^RESOLUTION NO. 91- 102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RELATING TO THE QUESTION WHETHER TO ADOPT AN ORDINANCE IMPOSING A SPECIAL TAX ON RESIDENTIAL UNITS AND COMMERCIAL/INDUSTRIAL PROPERTY IN ORDER TO FUND ADDITIONAL POLICE PROTECTION SERVICES BY THE BALDWIN PARK POLICE DEPARTMENT AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1992, AS CALLED BY RESOLUTION NO. 91-95. WHEREAS, a General Municipal Election on Tuesday, April 14, 1992 has been called by Resolution No. 91-95; and WHEREAS, the City Council also desires to submit to the voters at the election a question relating to the adoption of the ordinance that imposes a special tax on residential units and commercial/industrial property in the City in order to fund additional police protection services by the Baldwin Park Police Department NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES RESOLVE, FOLLOWS: DECLARE, DETERMINE AND ORDER AS SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following measure: MEASURE BShall the Ordinance that imposes a special tax on residential units and YES commercial/industrial property in the City in order to fund additional police protection services by the Baldwin Park Police Department be adopted? NO SECTION 2. That the proposed measure submitted to the voters as attached as Exhibit A. SECTION 3. That in all particulars not recited in this resolution, the election shall be held and and conducted as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form amd manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, PASSED, APPROVED AND ADOPTED ON DECEMBER 18, 1991. AYOR LINDA L.^AIR, CITY CLERK SCANNED BIB] 37672-U01 1991-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2012-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-102-U05 DEC-U05 18-U05 1991-U05 1991 102 CC RESO;¢f4çL^Resolution No. 91- 102 Page 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK I/ LINDA L. GAIR/ City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on the December 18, 1991, by the following vote: AYES COUNCILMEN KEYSER, MCNEILL, GALLEGOS, MAYOR LOWES_____ NOES COUNCILMEN IZELL ABSENT: COUNCILMEN NONE EiNDA L. SAIR, CITY CLERK BIB] 37672-U01 1991-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2012-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-102-U05 DEC-U05 18-U05 1991-U05 1991 102 CC RESO;¢f4çL^ORDINANCE NO. AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, LEVYING A SPECIAL TAX FOR POLICE PROTECTION SERVICES WHEREAS, under the provisions of the general law in the State of California, a city which provides police protection services may, by ordinance, determine and propose to the voters the adoption of a special tax for police protection services, subject to approval of two-thirds of the voters; and WHEREAS, the City of Baldwin Park currently has inadequate police resources and the fewest number of sworn personnel per population of any police department in Los Angeles County; and WHEREAS, there are currently inadequate revenue sources to provide the resources and increase the staffing in the Police Department needed to address the escalating criminal activity in the city; and WHEREAS, a special tax for police protection services would provide the revenue source necessary to supplement existing police services and to significantly enhance law enforcement capabilities in the community. NOW, THEREFORE, THE PEOPLE OF THE CITY OF BALDWIN PARK DO ORDAIN AS FOLLOWS: SECTION 1. Title 3 of the Baldwin Park Municipal Code is hereby amended by adding thereto Chapter 3.36, which shall read as follows: Chapter 3.36 Special Police Protection Services Tax 3.36.010 Authority and Adoption Pursuant to the authority of Article 16 of Chapter 4 of Division 2 of Title 5 of the Government Code Sections 53970 et seq.) there is hereby levied and assessed commencing with fiscal year 1992-93, a special police protection services tax by the City of Baldwin Park on each parcel of property in the City of Baldwin Park* 3.36.020 Definitions The definitions contained in this section shall govern construction of this chapter unless the context otherwise requires: a) Residential property" means property in any zone that is improved with a one-family dwelling, a two-family dwelling, or multiple dwellings as defined in Title 17 Zoning) of this Code. b) Residential unit" means any building or portion thereof which is designed for use as a residence by one family. c) Non-residential property" means property in any zone that is not improved with a residential unit. Non-residential property includes property that i) is improved with those uses typically permitted on any C" or I" zoned lot; ii) unimproved property? or i i i) property in any z one including residential) that is improved with an institutional-type use, including but not 1imited to, churches; day care nurseries educational institutions; nursing, BIB] 37672-U01 1991-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2012-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-102-U05 DEC-U05 18-U05 1991-U05 1991 102 CC RESO;¢f4çL^Ordinance No. Page Two convalescent, or rest homes; hospitals; private recreational facilities; and parking lots. d) Frontage foot" means 12 linear inches of land fronting or facing any street as measured on the County Assessor's Map. In the case of a parcel fronting on 2 or more streets, frontage feet shall be measured along the longest side fronting the parcel as determined by City Engineer. e) Parcel of property" means any contiguous unit of improved or unimproved real property in separate ownership, including but not limited to, any single family residence, any other unit of real property subject to the California Subdivided Lands Act Business & Professions Code, Act Sections 11000 et seq.), or any lot" as defined in Section 17,04.380 of this code* f) Unimproved property" means property which has no building or structure erected thereon. The records of the Los Angeles County Assessor as of March 1 of each year preceding the applicable fiscal year shall determine whether any particular lot is unimproved for the purpose of this chapter. 3,36.030 Amount of Tax and Limitations Thereon a) The special tax imposed by this chapter shall be levied upon each parcel of property commencing with fiscal year 1992-93 at a rate of $45,00 a year per residential unit for residential property, and 80 cents a year per frontage foot for non-residential property. Non-residential property with no front footage shall be deemed to have 75 feet of front footage and shall be assessed accordingly. Unimproved property shall be assessed at one- half of frontage foot rates in effect at the time of assessment. Any dispute as to the nature of a particular parcel of property for the taxing purposes of this chapter shall be resolved by the Zoning Administrator with the right of appeal as set forth in Sections 17.56.080 et seq. of this Code. The special tax imposed herein shall be a tax upon each parcel of property within the City and shall not be measured by the value of the property. b) The special tax imposed herein may be increased from year to year by three 3) affirmative votes of members of the City Council after a public hearing thereon. In no event may the special tax exceed $57.00 a year per residential unit and $1.02 a year per frontage foot for non-residential parcels. 3.36.040 Due Dates The special tax imposed by this chapter shall be due in two equal installments in accordance with the collection procedures of the Los Angeles County Tax Collector, in the same manner, and on the same applicable dates as established by law for the due dates for the other charges and taxes fixed and collected by the County of Los Angeles on behalf of the City of Baldwin Park. BIB] 37672-U01 1991-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2012-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-102-U05 DEC-U05 18-U05 1991-U05 1991 102 CC RESO;¢f4çL^Ordinance No. Page Three 3,36.050 Purposes The revenue raised by this chapter shall be placed in a special fund to be used only for the purposes of obtaining, providing, operating, and maintaining police protection including supplying equipment or apparatus therefor; paying the salaries and benefits to police protection personnel; and for other necessary police protection expenses of the City of Baldwin Park. 3.36.060 City Council Powers The City Council, by three 3) affirmative votes, is empowered: a) to establish the amounts of the special tax levy annually each fiscal year in amounts not to exceed the maximum amounts specified for police protection services as set forth in Section 3.36.030 as the City Council finds in the exercise of reasonable discretion and fiscal prudence is required to provide an adequate level of police protection services in the City in accordance with the purpose set forth in this Chapter. b) to sit as a Board of Equalization under procedures to be adopted to equalize inequities and reduce hardships created by a literal application of this Chapter, and such shall be deemed an administrative remedy c) to annually provide an official Assessment Book designating the actual tax levy on each parcel, and to place same on file in the office of the City Clerk. d) to amend this chapter for the purpose of carrying out the general purposes of this Chapter in order to conform to state law that permits the County Tax Collector, or other proper official, to collect a special tax such as is levied by this Chapter in conjunction with County taxes or in order to assign duties pursuant to the Chapter to other officers. 3.36.070 Collection The special tax imposed hereby shall be collected in the same manner, on the same dates, and subject to the same penalties and interest in accordance with the established dates as, or with, other charges and taxes fixed and collected by the County of Los Angeles on behalf of the City of Baldwin Park. Said special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel upon which it is levied until it has been paid, and said tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Baldwin Park by the persons who own the parcel on the date the tax is due. 3.36.080 Exemptions The special tax hereby imposed shall not be imposed upon a federal or state governmental agency or another local agency or upon any parcel of property that is exempt from the special tax imposed by this chapter pursuant to any provision of the Constitution or any paramount law. BIB] 37672-U01 1991-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2012-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-102-U05 DEC-U05 18-U05 1991-U05 1991 102 CC RESO;¢f4çL^Ordinance No. Page Four 3.36.090 Public Hearing A public hearing shall be held prior to levying the special tax on the tax roll. Accordingly, at any time not later than the hour set for hearing, any holder of the interest in the property which is proposed to be charged and who will be obligated to pay any such proposed charge may make written protest against the proposed assessment. The City Council shall hear or consider all objections or protests. The Council may amend any tax levy based upon any protest filed provided it is not inconsistent with the provisions of this chapter. SECTION 2. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction/ such invalidity or unconstitutionality shall not affect any other provisions of this Ordinance are declared to be severable. The City Council, and the electorate by referendum, hereby declare that they would have adopted this Ordinance and each section, subsection, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof, be declared invalid or unconstitutional. SECTION 3. This Ordinance, or any provision thereof other than those provisions, if any, which provide for modifications by the City Council of the City of Baldwin Park, may only be amended or repealed by approval of two-thirds 2/3) of the voters voting on the provisions at any initiative or referendum election, SECTION 4. This Ordinance shall be referred to and shall be effective only if approved by an initiative or referendum measure by two-thirds 2/3) of the voters voting at an election to be held on April 14, 1992, and shall go into effect ten 10) days after the City Council has, by resolution, declared that such initiative measure was approved by two-thirds 2/3) of the voters voting thereon. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Baldwin Park at a regular meeting held on the day of 199 T^.^^l^^ MAYOR /;-.' ATTEST: LINDA L. GAIR. CITY CLERK BIB] 37672-U01 1991-U02 102-U02 CC-U02 RESO-U02 LI3-U03 FO1126-U03 FO2009-U03 DO2012-U03 C6-U03 RESO-U03 10/10/2001-U04 ADMIN-U04 RESO-U05 91-102-U05 DEC-U05 18-U05 1991-U05