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HomeMy WebLinkAbout2003 12 01NOTICE AND CALL OF A SPECIAL MEETING of the BALDWIN PARK CITY COUNCIL BALDWIN PARK COMMUNITY REDEVELOPMENT AGENCY TO THE MEMBERS OF THE CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting of the City Council is hereby called to be held on Monday, December 1, 2003, at 6:30 P.M., at Council Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. The Special Meeting shall be for the purpose of conducting business in accordance with the attached agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: November 26, 2003 "Original signed" Manuel Lozano Mayor AFFIDAVIT OF POSTING 1, Kathleen R. Sessman, Deputy City Clerk of the City of Baldwin Park, certify that l caused the Notice and Call of a Special Meeting of the Baldwin Park City Council and Community Redevelopment Agency to be held on Monday, December 1, 2003, at 6:30 p.m., at Council Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706, to be delivered (via email - hard copy to follow) to each Council and Agency Board Member, and the San Gabriel Valley Tribune, and that I posted said notice at two (2) City Hall bulletin boards and at the Community Center on Monday, November 26, 2003. &-L.- - X OA->LM Ka teen R. Sessma Deputy City Clerk CITY OF BALDWIN PARK SPECIAL MEETING AGENDA CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY Please MONDAY, DECEMBER 1, 2003 Nate 6:30 P.M. Time COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 PUBLIC COMMUNICATIONS Five (5) minute speaking time limit - Cinco (5) minutos sera el limite para hablar "No action or discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons..." (GC §54954.2) Si desea hablar acerca de cualquier tema, esta sera su oportunidad. Per favor pase adelante. Un interprete estara presente. 1. REPORTS OF OFFICERS A. RESOLUTION REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF BALDWIN PARK (CONTINUED FROM NOVEMBER 19, 2003) Recommendation: Council approve one of the following: 1) Waive further reading read by title only and adopt Resolution No. 2003 -080 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF BALDWIN PARK;" OR 2) Waive further reading read by title only and adopt "REVISED" Resolution No. 2003 -080 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF BALDWIN PARK." 2. ADJOURN No other matters will be discussed I, Kathleen R. Sessman, Deputy City of the City of Baldwin Park, certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted not less than 24 hours prior to said meeting. Dated this 26th day of November, 2003. K thleen R. es man Deputy City Clerk Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, Zn l f=loor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at 626.960.4011, ext. 108 or 466, or via e -mail at rramiroz befdwinr�2rk.coneorksessrnan( aldwit?�ark.cam In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) lA , BALDWIN CITY OF BALDWIN PARK P,A,k•K TO: Honorable Mayor and City Council FROM: Kara Bouton Assistant to the CEO lk DATE: December 1, 2003 CITY COUNCIL AGENDA DEC - 3 2003 ITEM N0. —Ln!�— STAFF REPORT SUBJECT: ADOPTION OF RESOLUTION NO. 2003 -080 A RESOLUTION OF THE CITY OF BALDWIN PARK REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF BALDWIN PARK PURPOSE: The purpose of this report is for the City Council to discuss the possibility of placing a special tax to support the Los Angeles County Library on the March 2004: Primary Agenda and adopt Resolution No. 2003 -080 or Revised Resolution No. 2003 -080 requesting that the County Board of Supervisors provide for a special tax election to be held in the City of Baldwin Park. BACKGROUND: This item was presented to the City Council at their November 19, 2003 meeting and was continued with the direction that staff gather more information about the measure and how the monies raised from of the special tax will be allocated. With the passage of the Los Angeles County budget for FY 2003 -04, the County supervisors provided continued funding for the Los Angeles County Library System for this fiscal year with the condition that all cities with County Libraries hold a special tax election. In order to comply with this condition, it is necessary for the City of Baldwin Park to adopt a resolution requesting that the County Board of Supervisors provide for the special tax election. Since the City does not have a municipal election scheduled this Spring, it is necessary for the special tax measure to be placed on the presidential primary ballot for the election to be held March 2, 2004. DISCUSSION: As directed by the City Council at the November 19, 2003, Staff has been in contact with the Los Angeles County Library to get more information about the Special Tax election. Staff has determined that, if the City desires to have the special tax placed on the March 2004 Ballot, action must be taken prior to the L.A. County Board of Supervisors meeting on December 2, 2003 when they will hold a public hearing to set the election. At this point, staff has been told verbally that the money raised by the City will stay in the City and that the Librarian will work with the City to determine how those monies have been spent. However, we have not been provided anything in writing. City Attorney, Stephanie Scher, has reviewed the proposed ballot measure and ballot definition and is very concerned that there are no protections for keeping the funds within the City or even requiring the County to continue operating a library branch in Baldwin Park if they can determine that the community can be served by another library. The proposed ballot language for the County measure is To provide adequate funding for library services and facilities to the residents of the City of , shall all property owners in the City of pay a special tax per parcel of property not to exceed $25.26 in the initial year. Ms, Scher's memo discussing this and the resolution calling the election are attached (Attachment A) for your information. In addition Los Angeles County Chief Deputy Librarian, Terry Maguire will be present at the meeting to answer Council questions. Staff also has surveyed several cities to determine whether they have passed the measure. The results of that survey are attached (Attachment B). Of the cities we contacted, 6 cities have passed the resolution and 13 have voted against it. Of the cities closest to Baldwin Park, West Covina voted against; La Puente voted for; El Monte already has a special tax in place; and South El Monte voted against. If the City Council chooses to proceed with the election, a resolution requesting that the County place the ballot measure on the March 2004 Presidential Primary Ballot must be approved and a certified copy presented to the Librarian immediately following the December 1, 2003 meeting. The City Council is presented with two alternative resolutions for consideration. Both resolutions request that the County Board of Supervisors direct the County Registrar Recorder /County Clerk to take all action necessary to submit the question of the special tax to voters of the City of Baldwin Park. The resolutions state that the proposed levy will be the same as that assessed in cities that currently have a County Library assessment. That amount is $25.26 per parcel with a 2% annual inflation rate. Resolution No. 2003 -080 is the resolution proposed by the County and approved by most of the Cities that approved the election. Revised Resolution No. 2003 -080 has been modified by our City Attorney and includes language specifying that the tax revenues will be used at the Baldwin Park Branch of the County Library. In adopting either resolution, the City agrees to reimburse the County for the expenses of the election in Baldwin Park. In the past the cost of a special election has ranged between $35,000 to $40,000. These expenses would be appropriated from the General Fund. Although no decisions will be made until the next budget cycle for the County, it is anticipated that City's that do not attempt to pass the tax will be looked at first if cuts in the library system are needed. If the City does attempt to pass the tax and fails, it is expected that the County Supervisors will do what they can to assist with the operation of the library. The County has indicated that funds raised in the City through an approved special tax will remain with that City's County Library. FISCAL IMPACT The special election is expected to cost the City between $35,000 and $40,000 in general funds. If the City Council approves Resolution No. 2003 -080 or Revised Resolution No 2003 -080 these funds will be appropriated during the mid -year budget review and adjustments. N 110 Fel ITA N P W •� fl 19-M It is recommended that the City Council adopt Resolution No. 2003 -080 A RESOLUTION OF THE CITY OF BALDWIN PARK REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF BALDWIN PARK or adopt Revised Resolution No. 2003 -080 A RESOLUTION OF THE CITY OF BALDWIN PARK REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF BALDWIN PARK RESOLUTION NO. 2003 -080 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF BALDWIN PARK WHEREAS, the City of Baldwin Park is within the service area of the County of Los Angeles Public Library, which provides library services and facilities to the residents of the City of Baldwin Park; and WHEREAS, the City Council of the City of Baldwin Park recognizes that it is necessary and desirable that the County of Los Angeles (the "County) levy a special tax against parcels within the City of Baldwin Park ( "City ") to provide adequate funding for library services and facilities to the residents of the City; and WHEREAS, the revenue collected by the special tax will be used to fund library services and facilities in the same manner as the revenue that is collected by the special tax levied by the County against parcels in other portions of the service area of the County of Los Angeles Public Library; and WHEREAS, the City currently has scheduled a state primary election to be held on March 2, 2004, which election will be conducted by the Los Angeles County Registrar - Recorder /County Clerk; NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF BALDWIN PARK: Section 1. Finds that the public health, safety, and economic welfare of the City will be promoted by participating in the special tax levy and that the special tax levy and that the territory of the City will benefit from the proposed library services and facilities. Section 2. Requests that the County submit to the qualified voters within the City, at the State Primary election to be held in the City on March 2, 2004, the question of a special tax to be levied by the County against parcels within the City in the same amounts and for the same purposes as the special tax levied by the County against parcels in other portions of the service area of the County of Los Angeles Public Library to raise revenue to fund library services and facilities. Section 3. Requests that the Board of Supervisors of the County of Los Angeles issue instructions to the Los Angeles County Registrar - Recorder /County Clerk to take any and all steps necessary for the submission of the question of the special tax to the qualified voters within the City at the March 2, 2004 election. Section 4. Recognizing that additional costs will be incurred by the County by reason of this election, the City agrees to reimburse the County for those additional costs. Resolution No. 2003 -080 Page 2 Section 5. Directs the City Clerk to file a certified copy of this resolution with the Board of Supervisors (Violet Varona- Lukens, Executive Officer, Room 383 Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, California, 90012) and the Los Angeles County Reg istrar- Record erlCounty Clerk (Election Coordination Section, 12400 Imperial Highway, 3rd Floor, Room 3207 Norwalk, California, 90650.) PASSED AND APPROVED this day of )2003. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS. CITY OF BALDWIN PARK ? 1, KATHLEEN SESSMAN, Deputy 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 a regular meeting of the City Council on , by the following vote. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: KATHLEEN R. SESSMAN DEPUTY CITY CLERK RESOLUTION NO. 2003 -080 A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK, CALIFORNIA, REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDE FOR A SPECIAL TAX ELECTION TO BE HELD IN THE CITY OF BALDWIN PARK WHEREAS, the City of Baldwin Park is within the service area of the County of Los Angeles Public Library, which provides library services and facilities to the residents of the City of Baldwin Park through a branch operated within the Cif of Baldwin Park ';the Baldwin Park Branch i_ibra " ; and WHEREAS, the City Council of the City of Baldwin Park recognizes that it is necessary and desirable that the County of Los Angeles (the "County ") levy a special flax against parcels within the City of Baldwin Park ( "City ") to provide adequate funding for library services and facilities to the residents of the City_and, to s er q the o erabons at the Baldwin Park BraE2 ibrary; and WHEREAS, the revenue collected by the special tax will be used to fund library services and facilities in the same manner as the revenue that is collected by the special tax levied by the County against parcels in other portions of the service area of the County of Los Angeles Public Library; irk limited to the o prat rs of �h,e branch library within the boundaries of ,.0 �i�dictica � g� din ch tax rev§r!jge � Baldwin Park Branch Li ra__.y_ and _ ______�.__ WHEREAS, the Ci s- - -a state primary election is scheduled to be held on March 2, 2004, within the QLty boundariesi which election will be conducted by the Los Angeles County Registrar - Recorder /County Clerk; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: 1. The City Council hereby finds that the public health, safety, and economic welfare of the City will be promoted by participating in the special tax levy and that the special tax levy and the territory of the City will benefit from the proposed library services and fa6pities. facilities at the Baldwin Park Branch Libra, 2, The City Council requests that the County submit to the qualified voters within the City, at the State Primary election to be held in the City on March 2, 2004, the question of a special tax to be levied by the County against parcels within the City in the same amounts and for the same purposes as the special tax levied by the County against parcels in other portions of the service area of the County of Los Angeles Public Library to raise revenue to fund library services and facilities at the Baldwin Fear Branch Lib a v. 3. The City Council further requests that the Board of Supervisors of the County of Los Angeles issue instructions to the Los Angeles County Registrar - Recorder /County Clerk to take any and all steps necessary for the submission of the question of the special tax to the qualified voters within the City at the March 2, 2004, election. 4. Recognizing that additional costs will be incurred by the County by reason of this election, the City agrees to reimburse the County for those additional costs: costs, provided, ireever. that if tle measure to a rove the s ecial tax asses costs of the election shall be paid f r for , tax revenues, as set forth therein. 5. The City Council directs the City Clerk to file a certified copy of this resolution with the Board of Supervisors and the Los Angeles County Registrar- Recorder/County Clerk. APPROVED and ADOPTED this 1st day of December, 2003. Mayor Manuel Lozano ATTEST: KATHRYN TIZCARENO, CITY CLERK C:I DOCUME- 11Kara1LOCALS- 11Temp\Library tax RDL.DOC 2 11/24/2003 15:50 KANE, BALI -NER & BERKMAN 4 16263372965 NO.531. 17001 M �1 K.NE, B ALLMER & BERKMAN A LAW CORPORATION 515 SOUTH FIGUEROA STREET, SUITE 1850 LOS ANGLES, Csh%IFOXNIA 90071 TELEPHONE (111) 6 z7JU80 FAX (313) 625.0991 TO: Honorable Mayor and Members of the City Cmmcil FROM: Stephanie R, Scher, City Attorney DATE: November 25, 2003 RE: Proposed Special Tax for the County of Los Angeles Public Library Along with other cities within Los Angeles County, the City of Baldwin Park ( "City ") has been approached by the County of Los Angeles ( "County ") v id-i a proposal tb.at the City zeq>wlest the Comity to place on the ballot a measure to impose a special tax an each parcel within the City of Baldwin Park for the purposes of generating revenue which the County will use to operate the public library. The proposal further requires the City to pay the costs of holding the election on the special tax tmless the measure passes, in. which case those costs will be paid for out of the tax. revenues. The Comity has advised the City that the Council's decision must be made by December 2, 2003, the date'of a proposed hearing by the County Board of Supervisors on the tax measure. At the meetings where this has been discussed, the City Ccrimcil requested ft"her irrfbruration frorxr the Cmuity, including what, if any, safeguards there will be that the reveuue ge)ierated by parcels within Baldwin Park will be spent on library services within Baldwin Park, and whether, if the special tax is passed by the voters, there is any provision to present the County flora redu.c;inp, revenue otherwise allocated to the Baldwin Park branch hbrrmy. The Council has also asked to see the language of the tax measure. As of the date of this rn cnior:arrdurn, the County has not provided the requested information. We have, however, been able to find some of this ilrfonT ation on -line. The County Board of Supervisors is scheduled to set the. December 2 hearing at its sheeting today, land has therefore hosted on its web -site a staff report describing the history of this proposal, as well as the proposed action to be taken on December 2, 'That staff report is attached to thi's memorandum. The staff report. describes the State law which provide legal authority for this special. tax. Those statutes do not on their face require tax revenues generated in a partici-llar part of the County to be spent only in that part of the County, We, are not, however, privy to any opinions of the Coimty Counsel regarding the expcndit€rre of such fa ds, nor do we know if there may be other statutes or regrllatiolis applicable to the County which would limit the Comity's abi.liV to expend funds generated by Baldwin Park propertie) to thv Baldwin Parr branch. Further, cvcu W. the absence of legal restdotioans, the Board of Supervisors snay have' adopted policy regarding such expenditures, which we have Trot been provided. 11/24/2003 15.53 KANE� EnLLMER & BERKMAN 3 16263372965 NQ.531 0002 Members of the City Council November 25, 2003 Attachment D to the staff report does provide the proposed resolution which the Board of Supervisors Avill consider adopting for any city which submits a request for the proposed special tax. It is of Grote that the proposed resolution does not limit expenditures of the revenue to be generated by the special tax in that city to uses within that city. Section. 3 of the resolution defines the phi-ase "Library Services and Facilities," which is what the special tax may be used for, to include a, wide variety of library - related purposes, as well as the costs of the election to approve the measure, and costs incurred by the County in "spreading, bilWig aEd collecting the special tax." Nothing in that definition, however, limits the use ofreveuue generated from that particular city's parcels to that city's branch library. The proposed ballot measure itself is found in Section 10. If states, To provide adequate fuizding for library services mid facilities to the residents of the City of _ shall all property owners in the City of.— pay a special tax per parcel of propel ty riot to exceed $25.26 in the initial year. This language also does not bind the Comity actually to use the revenue generated by parcels within that city to the library within that city. It would., for example, be within the discretion of the County to determil -e that the library services and facilities made available to residents upon whom the tax is imposed shall be located in another, nearby jurisdiction. Regarding the amount of the special tax, there is no information available to determine bow the figure of $25.26 per parcel was chosen. Thc. resolution does clarify that this is the amount for fiscal year 2004 -2005, and that the amor t may increase in each fiscal year after 2004-2005 by two percent (2 %) or the percentage change in the constimer price index for the prior fiscal year, whichever is less. The tax, rarest cease, however, if the city detern Mes to withdraw from the service area of the County of Los Angeles Public Library. Respectfully submitted, Stepliai Scher PRJVILEGJ�D AND CONFIDENTIAL Do Not File with Public records -2- 11/24/2003 15:50 KANE, BALLNER & BERKMRN 4 16263372965 NO.531 9003 nF Lm } I �lk J0, B &oN ''f�lt ryw M. 101 Qlas swam, LOU November 25, 2003 The Honorable Board of Supervisors County of Los Angeles 383 Kenneth Hahn Hail of Administration 500 West Temple Street Los Angeles, CA 90012 Dear Supervisors: SET PUBLIC HEARING TO ADOPT RESOLUTION FOR SPECIAL TALC MEASURE ON MARCH 2, 2004 ELECTION BALLOT (All Districts) (3- VOTES) Set a public hearing for December 2, 2003 for the purpose of considering the resolution submitted by a city requesting the Board to place the County Library's special tax measure on the city's March 2, 2004 Primary Election ballot, 2. Fallowing the public hearing, adopt the attached resolutions for the Cities of La Puente and Avalon, and adopt a resolution in substantially the same form as the attached draft resolution for any additional cities that come forward, instructing the County Registrar - Recorder /County Clerk to take any and all steps necessary to submit the question of the special tax to the qualified voters within the requesting city at the March 2, 2004 election. Approval of the recommended actions will set a public hearing date for the Board to consider resolutions from cities served by the County Library but not currently participating in the Library's special tax to be included in the special tax program by placing the special tax measure on the city's Primary Election ballot on March 2, 2004. 8 E' �K^ tq�3i; , �a,t #IEh r„.: +.s:, . a.��'rt�ar , rarsa;; ., C;ai ^ar�a� . �'';;�rt ,t <; ° � � '•� p c'. Y � � � ;�yrjitiqte�5t lz, .4 Le ii z..1p w I 'g R € 4ria'L.S� �. 4r'4 P.A.PsttW .r r nil a,r'fr� � � ti�iRttr, - �.�. �U �rA � t '�.�'P �.�� ^yir� �� 4 r 7kd it � "�.� � id.��s•l''rxit,>,�i 7,-!T­,,; Ci,1• 11/24/2003 15:50 KRNE, BALLMER & BERKMAN 3 162G=72965 ND.531 9004 The Honorable Board of supervisors November 25, 2003 Page 2 On June 23, 2003 the Board approved a motion: to restore $7.3 million to the Public Library's 2003 -04 budget. That motion was approved with a requirement that all cities served by the County Library that are not currently participating in the Library's special tax place a measure on their local ballot by June 30, 2004 to give their voters the opportunity to vote on whether to participate in the special tax. On July 2, 20031 sent letters to the seven cities with municipal elections in November advising them of the Board's June 23 action, and inviting each city to consider submitting a resolution to its council for approval in time for the Board to place the special tax measure on the city's November ballot. However, no city chase to take action for the November election, On November 7, 2003 1 reminded cities of the opportunity to request that the Board place the special tax measure on city ballots for the March 2, 2004 Primary Election. Two cities have taken the necessary action, and I am aware that other cities are considering action in time for the Board to act for tho March Primary Election. In order to respond to any city resolutions, the Board must set and conduct a public hearing to consider the city's request. In addition, the board roust adopt Its own resolution instructing the County Registrar - Recorder /County Clerk to place the measure on the ballot. Implementation of St Approval of the recommended actions is consistent with the County's Strategic Plan in tho area of fiscal responsibility to effectively manage financial resources and to financially stabilize the County. MPACT IwINANCIN Placing this measure on individual city ballots will incur additional election costs for the County. It is therefore required that each city requesting this action include a provision in the resolution adopted by the city council which provides for reimbursement to the County for the additional election costs if the special tax measure is not approved by the voters. if the measure is approved, the election costs will be takers from the special tax proceeds. 11/24/2003 15:50 KANE, BRL.LNER & BERKMAN � 16263372965 NO.531 9005 The Honorable Board of Supervisors November 25, 2003 Page 3 If the special tax measure is approved by a city's voters, the County will be able to include that city in the Library's special tax program and levy the special tax against parcels within the city in the same amounts and for the same purposes as the special tax is levied by the County against parcels in other portions of the Library's service area to fund library services and facilities. The amount of the special tax revenue raised in each city varies depending on the number of parcels subject to the tax. In June, I advised the Board of the potential special tax revenue that each city not currently participating in the Library's special tax might generate. A, copy of that revenue estimate is provided as Attachment A for the Board's reference and information. Those estimates are based on the current special tax rate approved for Fiscal Year 2003-04. The County Public Library's special tax was created by voter approval of Proposition L at the June 3, 1997 special election, and the tax was first levied for the 1997 -98 Fiscal Year_ The special tax is currently levied in 11 cities and the unincorporated areas served by the Public Library, 'The special tax rate for Fiscal Year 2003 -04 is $24.76 per parcel. A city that is not currently participating in the special tax may do so by submitting the matter to the qualified voters in the city and obtaining approval of the measure by two-thirds of the voters. The Cities of La Puente and Avalon have already adopted resolutions requesting that the Board place the measure on the Larch ballet. The latest date the Board can act to put a measure on the March ballet is December 2, 2003. To take such an action, the Board must set and conduct a public hearing, and adopt a resolution placing the measure an the ballot pursuant to Government Cade Section 50077. It is recommended that the Board set a public hearing for Tuesday, December 2, 200: to consider any resolution that may be submitted by a city requesting that the special tax be placed on its March ballot. Setting the hearing for December 2 will allow the latest possible opportunityfor a city to submit its resolution to the Board so that the Board may act by the fast date allowed by law to place a matter on the March ballot, Attachments B and C are resolutions prepared by County Counsel for that purpose for the Cities of La Puente and Avalon. Attachment D is a draft resolution to be used at the public hearing for any additional cities that dame forward prior to the hearing requesting the Board to take this action. A final version of the draft resolution will be prepared for each additional city prior to the public hearing on December 2. 11/24/2003 15.50 KANE, BALLMER & BERKMAN -� 1626T=965 NO.531 9206 The Honorable Board of Supervisors November 25, 2003 Page 4 V more cities participate in the Public, Library's special tax it will provide additional revenue to augment service levels in those cities, or to offset the impact of other potential revenue lasses or budget reductions. Dee to the County's serious budget constraints, this potential source of additional revenue could be a key to maintaining or supplementing existing service levels for cities served by the County Library, If cities choose not to participate in the special tax program, the service levels provided will be based on available revenue from other sources, and continuation of current service levels cannot be assured. Respectfully submitted, Margaret Donnellan Todd County Librarian MDT:DF:jc UAC0MM0J4T0RDLTF,3`Sp dal Tax-Ory Primiry Ph%Aion2,v qd Attachments c: Chief Administrative Officer County Counsel registrar- Recorder /County Clerk 1.1/24/2003 15,50 KANE, BALLMER & BERKMAN ' 16263372965 H0.531 POO? Attachment A 11/24/28 03 15:50 KANE, BALLMER & BERKMAN a 16263372965 N0.531 P308 A ttetClli ent S RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDING FOR AND GIVING NOTICE OF A SPECIAL TAX MEASURE FOR THE PRIMARY ELECTION TO BE HELD IN THE CITY OF LA PUENTE ON MARCH 2, 2004 WHEREAS, the City of La Puente is within the service area of the County of Los Angeles Public Library, which provides library services and facilities to the residents of the City of La Puente; and WHEREAS, the City Council of the City of La Puente recognizes that it is necessaryand desirable that the County of Los Angeles (the "County ") levy a special tax against parcels within the City of La Puente ( "City") to provide adequate funding for library services and facilities to the residents of the City,. and in that regard adapted a Resolution on October 28, 2003 requesting that the County submit the question to the qualified voters within the City; and WHEREAS, Article XII1A, Section 4 of the California Constitution and Sections 50075 et seq., of the California Government Code permit the County, following notice and a public hearing, to propose the adoption of a special tax for specified purposes and to levy the special tax, following approval by at least two- thirds of the voters voting upon the proposition; and WHEREAS, the revenue collected by the special tax will be used for the specific purpose of funding Library Services and Facilities (defined in Section 3 below) in the same manner as the revenue that is collected bythe special tax levied by the County against parcels in other portions of the service area of the County of Las Angeles Public Library; and WHEREAS, a presidential primary election is scheduled to be held on March 2, 2004, which election will be conducted by the Los Angeles County Registrar - Recorder( County Clerk; NOW, THEREFORE BE IT RESOLVED by the Beard of Supervisors of the County of Los Angeles as follows: Section 1. A special election shall be held and the same is hereby called and 11/24/2203 15:50 KANE, BA1_LMER & BERKMAN 4 16263322965 N0.531. P009 ordered to be held in the City of La Puente, on the 2nd day of March, 2004, for the purpose of submitting to the voters of the City of La Puente the question of whether a special tax should be levied by the County of Los Angeles in the amounts and for the purposes hereinafter, set forth. Section 2. Commencing with Fiscal Year 2004 -2005, an annual special tax to raise revenue for the specific purpose of funding Library Services and Facilities (defined below in Section 3) is hereby imposed upon parcels of property located within the City of La Puente. The maximum amount of the special tax per parcel for the initial fiscal year, ,July 1, 2004 to June 30, .2.005, shall not exceed $25.26 per parcel of property; thereafter the maximum amount of the special tax shall increase by 2 %, or the percentage change in the consumer price index for the prior fiscal year, whichever is less. For any fiscal year, the County of Los Angeles Public Library may levy the special tax at less than the maximum amount per parcel which action may be taken without notice or public hearing. The County of Leis Angeles shall' not levy, or shall cease to levy, the special tax within the City, if the City withdraws from the service area of the County of Los Angeles Public Library, beginning with the first fiscal year after such withdrawal takes effect. Section 3. As used in this resolution, 'Library Services and Facilities" means: public library services and facilities including, but not limited to, buildings, equipment, materials, vehicles and other faoilities for the conduct of public library services and programs,, librarylending services; information services; library collection developmentand maintenance; books, magazines, news papers, journals and manuscripts; audio- visual, electronicmedin and other information materials; literacy programs; electronic access to information sources such as the Internet and The World Wide Web; education services for persons of all ages; administrative expenses related to the foregoing including the payment of salaries and benefits of library personnel and other incidental expenses; and to recover the costs of the election called pursuant to Section 1 hereof, and reasonable costs incurred by the County in spreading, billing and collecting the special tax. Section 4. The County Librarian and officers of the Countyof Los Angeles Public Library and County of Los Angeles are hereby authorized and directed, individually and collectively, to do any and all things and to execute, deliver, and perform any and all 11/24/2003 15:50 KRNE, BALLMER & BERKMAN .-� 15263372965 HO'531 GJOIO agreements and docurnents that they deem necessary or advisable in order to effectuate the purposes of this Resolution, All actions heretofore taken by the officers and agents of the County of Los Angeles Public Library that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects. Section 5, The Auditor - Controller of the.County of Las Angeles shall create a new account into which the proceeds from the special tax authorized herein shall be deposited. The Auditor- Controller shall file a report with the County Board of Supervisors by no later than January 1, 2006, and by January 1 of each year thereafter„ stating the amount of funds collected and expended pursuant to this measure; and also the status of the projects required or authorized to be funded pursuant to Section 3. Section 6. The County of Los Angeles Public Library shall expend the revenues raised from this special tax only for the purposes identified in Section 3. Section 7. The Treasurer and Tax Collector of the County of Las Angeles shall collect the special tax authorized herein for the initial f=iscal Year 2004 -2005 and for subsequent fiscal years, on the tax roll at the same time and in the same manner, and subject to tho same penalties as the ad valorern property taxes fixed and collected by or on behalf of the County of Leas Anggeles. Section 6. insofar as feasible, all laws and procedures regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens and collections for secured roll ad valorern property taxes shall be applicable to the collection of this special tax. The secured roll tax bills shall be the only notices required for any special tax levied, Section 9. The County Librarian shall establish and administer an appeals process to address and correct potential errors or inequities in the levy of the special tax authorized herein. 11/2412003 15:50 KANE, BALLMER & BERKMAN � 162E3372965 No. 531 9011 Section 10, The Proposition for the County to levy a special tax in the Cityof La Puente shall appear on the ballot substantially as fellows: PROPOSITION LIBRARY SERVICES AND FACILITIES FUNDING To provide adequate funding for literary services and facilities to the residents of the City of La Puente, shall all property owners in the City of La Puente pay a special tax per parcel of property not to exceed $25.26 in the initial year? Yes No Section 11. The votes cast for and against the Proposition shall be separately counted and if the Proposition receives the required number of votes, to wit. two - thirds of the votes of the qualified electors in the City voting on the Preposition, the special tax in the amounts and for the purposes stated herein shall be effective and levied by the County. Section 12. All qualified voters of the City of La Puente shall be pen - rifted to vote in the election and in all particulars not recited in this resolution the election shall be held as nearly as practicable in conformity with the Elections Code of the State of California. Section 13. The election called by this resolution shall be consolidated with the presidential primary election conducted by the Registrar - Recorder /County Clerk to be held in the County of Los Angeles on March 2, 2004, and the {proposition shall be placed on the same ballot to the extent the elections are concurrent, and the same precincts, polling places, election officers and facilities shall be used for the election. Section 14, Based upon all of the facts before it on this matter, the Hoard of Supervisors finds that the submission of this question of a special tax to the voters is not subject try, or is exempt from, the California Environmental Quality Act ( CEQA) on the independent grounds that: A. It is not a project as defined by 14 California Cade of regulations Section15378(b)(3 ) relating to ballot measures submitted to a vote of the people. The proposal for a special tax is required by taw to be submitted to a vete as set out in this Resolution and does not address or commit funds to any specific project at this time, 11/24/2003 15:50 KANE, EAL MER & BE.RKMAN --> 162633' 2965 N0.531 P012 B. It is not a project as defined by 14 California Code of Regulations Section 1 5378 (b)(4) relating to the creation of government funding mechanisms which do not involve commitment to any specific project which may result in a potentially significant physical impact on the environment. Further, the Board finds that the submission of this question to the voters also would be. exempt from CCQA, if it were a project, on the independent basis of the following exemptions: A. It is exempt based upon Public Resources Code Section 21080 (b)(8) and 14 California Code of Regulations Section 15273 (a) because the Board of Supervisors finds as specifically set out in this Resolution, that the special tax is for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment or materials, (C) meeting financial reserve needs and requirements, and (D) obtaining Bands forcapital projects necessary to maintain service within existing service areas;. 13. It is exempt based upon 14 California Code of Regulations Section 15301 relating to the operation and minor alteration of existing public or private structures with a negligible expansion of an existing use; C. It is exempt based upon 14 California Code of Regulations Section 15081 (b)(3) which provides the general rule that OEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the submission of this question to the voters will have a significant effect on the environment. III III Ili IIf !fI 11i24f2W3 KANE, BALLMER & 3ERKMAN 7.6263372965 NO.531 9013 The foregoing resolution was can the day of December, 2003, adopted by the Beard of Supervisors of the County of Las Angeles and ex-officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. VIOLET VARONA- LUKENS, Executive Officer -Clerk of the Board ©f Supervisors of the County of Los Angeles '1•� s• "1 LLOYD W. PELLMAN County Counsel In Deputy UACOMMOM80RDLTRS1SpsciaETza C' ity 2- U4 an-a'YFE- Aonz'ljptl Deputy 11/24/2003 15,50 KANE, BALLMER & BERKMAN -> 16263372965 N0.531 D 014 Attachment C RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDING FOR AND GIVING NOTICE OF A SPECIAL. TAX MEASURE FOR THE PRIMARY ELECTION TO BE HELD IN THE CITY OF AVALON ON MARCH 2, 2004 WHEREAS, the City of Avalon is within the service area of the County of Las Angeles Public Library, which provides library services and facilities to the residents of the City of Avalon; and WHEREAS, the City Council of the City of Avalon recognizes that it is necessaryand desirable that the County of Los Angeles (the "County ") levy a special tax against parcels within the City of Avalon ( „City ") to provide adequate funding for library services and facilities to the residents of the City, and in that regard adopted a Resolution on October 21, 2003 requesting that the County submit the question to the qualified voters within the City; and WHEREAS, Article XIIIA, Section 4 of the California Constitution and Sections 50075 et seq., of the California Government Code permit the County, following notice and a publio hearing, to propose the adoption of a special tax for specified purposes and to levy the special tax, following approval by at least two- thirds of the voters voting upon the proposition; and WHEREAS, the revenue collected by the special tax will be used for the specific purpose of funding Library Services and Facilities (defined in Section 3 below) in the same manner as the revenue that is collected by the special tax levied by the County against parcels in other portions of the service area of the County of Los Angeles Public Library; and WHEREAS, a presidential primary election is scheduled to be held on March 2, 2004, which election will be conducted by the Los Angeles County Registrar-Recorder/ County Clerk; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles as follows: Section 1. A special election shall be Feld and the same is hereby called and ordered to be held in the City of Avalon, on the 2nd day of March, 2004, for the purpose of 11/24/2003 15.50 KANE, BALLMER & BERKMAN 4 16263372955 NO.531 0015 submitting to the voters of the City of Avalon the question of whether a special tax should be levied by the County of Los Angeles in the amounts and forthe purposes hereinafter set forth. Section 2. Commencing with Fiscal Year 2004 -2005, an annual special tax to raise revenue for the specific purpose of funding Library Services and Facilities (defined below in Section 3) is hereby imposed upon parcels of property located within the City of Avalon, The maximum amount of the special tax per parcel for the initial fiscal year, duly 1, 2004 to June 30, 2005, shall not exceed $25,26 per parcel of property; thereafter the maximum amount of the special: tax shall increase by 2 %, or the percentage change in the consumer price index for the priorfiscal year, whichever is less. For any fiscal year, the County of Las Angeles Public Library may levy the special tax �at less than the maximUm amount per parcel which action may be taken without notice or public hearing. The County of Los Angeles shall not levy, or shall cease to levy, the special tax within the City, if the City withdraws from tie service area of the County of Los Angeles Public Library, beginning with the first fiscal year after such withdrawal takes effect. Section 3. As used in this resolution, "Library Services and Facilities" means: public library services and facilities including, but not limited to, buildings, equipment, materials, vehicles and otherfacilities forthe conduct of public library services and programs, librarylending services, information services, library collection developrnent and maintenance; books, magazines, newspapers, journals and manuscripts; audio - visual, electronic media and other information materials; literacy programs; electronic access to information sources such as the Internet and The World Wide Web; education services for persons of all ages; administrative expenses related to the foregoing including the payment of salaries and benefits of library personnel and ether incidental expenses; and to recover the costs of the election called pursuant to Section 1 hereof, and reasonable costs incurred by the County in spreading, billing and collecting the special tax. 11/24/2803 15:50 KRNE, BALLMER & BERKMAN > 16263372965 [10.53116 Section 4. The County Librarian and officers of the Countyof Los Angeles Public Library and County of Los Angeles are hereby authorized and directed, individually and collectively, to do any and all things and to execute, deliver, and perform any and all agreements and documents that they deem necessary or advisable in order to effectuate the purposes of this Resolution. All actions heretofore taken by the officers and agents of the Countyof Los Angeles Public Library that are in conformity with the purposes and intentof this Resolution are hereby ratified, confirmed, and approved in all respects. Section 5. The Auditor - Controller of the County of Los Angeles shall create a new account into which the proceeds from the special tax authorized herein shall be do posited. The Auditor- Controller shall file a report with the County Board of Supervisors by no later than January 1, 2606, and by January 1 of each year thereafter, stating the amount of funds collected and expended pursuant to this measure; and also the status of the projects rewired or authorized to be funded pursuant to Section 3. Section 6. The County of Los Angeles Public Library shall expend the revenues raised from this special tax only for the purposes identified in Section 3. Section 7. The Treasurer and Tax Collector of the County of Los Angeles shall collect the special tax authorized herein for the initial Fiscal Year 2604 -2005 and for subsequent fiscal years, on the tax roll at the same time and in the same manner, and subject to the same penalties as the ad valorem property taxes fixed and collected by or on behalf of the County of Los Angeles. Section 8. Insofar as feasible, all laws and procedures regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, latepayrnents, penalties, liens and collections for secured roll ad valorem property taxes shall be applicable to the collection of this special tax. The secured roll tax bills shall be the only notices required for any special tax levied. Section 9. The County Librarian shall establish and administer are appeals process to address and correct potential errors or inequities in the levy of the special tax authorized herein. 11/24/2003 15:50 KANE � HALw L..MRR & DLRKMAN 3 16263372965 NO.531 9017 Section 10, The Proposition for the County to levy a special tax in the City of Avalon shall appear on the ballot substantially as follows: PROPOSITION R..���..- -- LIBRARY SERVICES AND FACILITIES FUNDING To provide adequate funding for library services and facilities to the residents of the City of Avalon, shall all property owners in the City of Avalon pay a special tax per parcel of property not to exceed $25.26 in the initial year? Yes No Section 11. The votes cast for and against the Proposition shall be separately counted and if the Proposition receives the required number of votes, to wit: two - thirds of the votes of the qualified electors in the City voting on the Proposition, the special tax in the amounts and for the purposes stated herein shall be effective and levied by the County. sectlon 12. All qualified voters of the Gity of Avalon shall be permitted to vote in the election and in all particulars not recited in this resolution the election shall be held as nearly as practicable in conforrnity with the Elections Code of the State of California. Section 13. The election called by this resolution shall be consolidated with the presidential primary election conducted by the Registrar-Recorder/County Clerk to be held in the County of Los Angeles on March 2, 2004, and the Proposition shall be placed on the same ballot to the extent the elections are concurrent, and the same precincts, polling places, election officers and facilities shall be used for the election. Section 14. Based upon all of the facts before it can this matter, the Board of Supervisors finds that the submission of this question of a special tax to the voters is not subject to, or is exempt from, the California Environmental Quality Act ( CEQA) on the independent grounds that: A. It is not a project as defined by 14 California Code of Regulations Section 1 5378(b)(3 ) relating to ballot measures submitted to a vote of the people. The proposal for a special tax is required by law to be submitted to a vote as set out in this Resolution and does not address or commit funds to any specific project at this time, 11/24/2003 15:50 KANE, BALLMER & BERKMPN 4 1,263372965 NQ.531 9019 B. It is not a project as defined by 14 California Code of Regulations Section 15378 (b)(4) relating to the creation of government funding mechanisms which do not involve commitment to any specific project which may result in a potentially significant physical impact on the environment. Further, the Board finds that the submission of this question to the voters also would be exempt from CEQA, if it were a project, on the independent basis of the following exemptions: A.. It is exempt based upon Public Resources Code Section 21080 (b)(8) and 14 California Code of Regulations Section 15273 (a) because the Board of Supervisors finds as specifically set out in this Resolution, that the special tax is for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment or materials, (C) meeting financial reserve needs and requirements, and (D) obtaining funds for capital projects necessary to maintain service within existing service areas;. B. It is exempt based upon 14 California Cade of Regulations Section 15301 relating to the operation and minor alteration of existing public or private structures with a negligible expansion of an existing use; C. It is exempt based upon 14 California Code of Regulations Section 15061 (b)(3) which provides the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and it can be seen with certainty that there is no possibility that the submission of this question to the voters will have a significant effect on the environment. !11 111 If1 111 11! Ill 11/24/2003 15.,53 KANE, BALLMER & BERKNRN 4 16263772965 NO.531 IP019 The foregoing resolution was on the - day of December, 2003, adopted by the Board of Supervisors of the County of Los Angeles 8nd ex-officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. VIOLET VARONA-LUKENS, Executive Officer-Clerk of the Board of Supervisors of the County of Los Angeles ► APPROVED AS TO FORM: LLOYD W. PULMAN County Counsel M Deputy UAC3UM3MB0RDL,7'R8i3p9oa1 Tax-Uty Rallo€s-March 2-04 Primary E1-*-2,,* Deputy 11/24/2003 15;50 KANE, ERLLMER & EERKNAN -4 16263372365 NCI.531 IP020 Attachment D RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES PROVIDING FOR AND GIVING NOTICE OF A SPECIAL_ TAX MEASURE FOR THE PRIMARY ELECTION TO HE HELD IN THE CITY OF ON MARCH 2, 2004 WHEREAS, the City of _—Is within the service area of the County of Los Angeles Public Library, which provides library services and facilities to the residents of the City of- ; and WHEREAS, the City Council of the City of recognizes that it is necessaryand desirable that the County of Los Angeles (the "County ") levy a special tax against parcels within the City of --- ( "City ") to provide adequate funding for library services and facilities to the residents of the City, and in that regard adopted a Resolution on October 21, 2003 requesting that the County summit the question to the qualified voters within the City; and WHEREAS, Article XIIIA, Section 4 of the California Constitution and Sections 50075 et seq,, of the California Government Code permit the County, fallowing notice and a public hearing, to propose the adoption of a special tax for specified purposes and to levy the special tax, following approval by at least two- thirds of the voters voting upon the proposition; and WHEREAS, the revenue collected by the special tax will be used for the specific purpose of funding Library Services and Facilities (defined in Section 3 below) in the same manner as the revenue that is collected by the special tax levied by the County against parcels in other portions of the service area of the County of Los Angeles Public Library; and WHEREAS, a presidential primary election is scheduled to be held on March 2, 2004, which election will be conducted by the Los Angeles County Registrar - recorder/ County Clerk; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Los Angeles as follows- Section 1. A special election shall be held and the same is hereby called and 11/24/2003 15:50 KANE, BALLMER & BERKMAN 4 16263372965 H0.531 0021 ordered to be held in the City of — , on the 2nd day of March, 2004, for the purpose of submitting to the voters of the City of _ the question of whether a special tax should be levied by the County of Los Angeles in the amounts and for the purposes hereinafter set forth. Section 2. Commencing with Fiscal Year 2004 -2005, an annual special tax to raise revenue for the specific purpose of funding Library Services and Facilities (defined below in Section 3) is hereby imposed upon parcels of property IQGated within the City of ,,,.,.. . The maximum amount of (fie special tax per parcel for the initial fiscal year, July 1, 2004 to June 30, 2005, shall not exceed $25.26 per parcel of property; thereafter the maximum amount of the special tax shall increase by 2 %, or the percentage Grange in the consumer price index forthe priorfiscal year, whichever is less. For any fiscal year, the County of Los Angeles Public Library may levy the special tax at less than the maximum amount per parcel which action may be taken without notice or public hearing. The County of Los Angeles shall not levy, or shall cease to levy, the special tax within the City, if the City withdraws from the service area of the County of Los Angeles Public Library, beginning with the first fiscal year after such withdrawal takes effect. Section 3. As used in this resolution, "Library Services and Facilities" means: public library services and facilities including, but not limited to, buildings, equipment, materials, vehicles and rather facilities for the conduct of public library services and programs; librarylending services; information services; library collection development and maintenance; books, magazines, newspapers, journals and manuscripts; audio - visual, electronic media and other information materials; literacy programs; electronic access to information sources such as the Internet and The World Wide Web; education services for persons of all ages; administrative expenses related to the foregoing including the payment of salaries and benefits of library personnel and other incidental expenses; and to recover the costs of the election cnlled pursuant to Section t hereof, and reasonable coasts incurred by the County in spreading, billing and collecting the special tax. 11/24/2063 15:50 KRNE, ERLLMER & BERKMAN � 1626TT2965 NO.531 9022 Section 4. The County Librarian and officers of the County of LosAngeles Public Library and County of Los Angeles are hereby authorized and directed, individually and collectively, to do any and all things and to execute, deliver, and perform any and all agreements and documents thattheydeem necessary or advisable in orderto effectuatethe purposes of this Resolution, All actions heretofore taken by the officers and agents of the Countyof Los Angeles Public Library that are in conformity with the purposes and intent of this Resolution are hereby ratified, confirmed, and approved in all respects. Soction 5. The Auditor - Controller of the County of Los Angeles shall create a new account into which the proceeds from the special tax authorized herein shall be deposited. The Auditor - Controller shall file a report with the County Beard of Supervisors, by no later than January 1, 2006, and by January 1 of each year thereafter, stating the amount of funds collected and expended pursuant to this measure; and also the status of the projects required or authorized to be funded pursuant to Section 3. Section 6. The County of Los Angeles Public Library shall expend the revenues raised from this special tax only for the purposes identified in Section 3. Section 7. The Treasurer and Tax Collector of the Countyof Los Angeles shall collect the special tax authorized herein for the initial Fiscal Year 2004 -2005 and for subsequent fiscal years, on the tax roll at the same time and in the same manner, and subject to the same penalties as the ad valorem property taxes fixed and collected by or on behalf of the County of Los Angeles. Section 8. Insofar as feasible, all laws and procedures regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens and collections for secured roll ad va €orern property taxes shall be applicable to the collection of this special tax. The secured roll tax bills shall be the only notices required for any special tax levied. Section 9. The County Librarian shall establish and administer an appeals process to address and correct potential errors or inequities in the levy of the special tax authorized herein. 11/24/200:1 13:50 KANE, BA L MER & SERKMN 4 1.62633721365 NO. 531 Q023 Section l o. The Proposition for the County to levy a special tax in the City of shall appear on the ballot substantially as follows: PROPOSITION LIBRARY SERVICES ARID FACILITIES FUNDING To provide adequate funding for library services and facilities to the residents of the City of , shall all property owners in the City of.`_ pay a special tax per parcel of property not to exceed $25.24 in the initial year? Yes Ll No 11 Section 11. The votes cast for and against the Proposition shall be separately counted and if the Proposition receives the required number of votes, to wit: two- thirds of the votes of the qualified electors in the City voting on the Proposition, the special tax in the amounts and for the purposes stated herein shall be effective and levied by the County. Section 12. All qualified voters of the City of shall be permitted to vote in the election and in all particulars not recited in this resolution the election shall be held as nearly as practicable in conformity with the Elections Code of the State of California. Section 13. The election called by this resolution shall be consolidated with the presidential primary election conducted by the Registrar- Recorder /County Clerk to be helot in the County of Los Angeles on March 2, 2404, and the Proposition shall be placed ol1 the same ballot to the extent the elections are concurrent, and the same precincts, palling places, election officers and facilities shall be used for the election. Section 14. Based upon all of the facts before it on this matter, the Board of Supervisors finds that the submission of this question of a special tax to the voters is not subject to, or is exempt from, the California Environmental Quality Act ( CEQA) on the independent grounds that: A. It is not a project as defined by 14 California Cade of Regulations Section 1 5378(b)(3 ) relating to ballot measures submitted to a vote of the people. The proposal for a special tax is required by law to be submitted to a vote as set out in this Resolution and does not address or commit funds to any specific project at this time, 11/24/2023 15.50 KANE, BPLLMER & BERKMAN -3 16263372965 N0.5:31 [�024 B. It is not a project as defined by 14 California Code of Regulations Section 15378 (b)(4) relating to the creation of government funding mechanisms which do riot involve commitment to any specific project which may result in a potentially significant physical impact on the environment. Further, the Board finds that the submission of this question to the voters also would be exempt from CEQA, if it were a project, on the independent basis of the following exemptions: A. It is exempt based upon Public Resources Code Section 21080 (b)(8) and 14 California Code of Regulations Section '15273 (a) because the Board of Supervisors finds as specifically set out in this Resolution, that the special tax is for the purpose of (A) meeting operating expenses, including employee wage rates and fringe benefits, (B) purchasing or leasing supplies, equipment or materials, (C) meeting financial reserve needs and requirements, and (D) obtaining funds for capital projects necessary to maintain service within existing service areas;, B. It is exempt based upon 14 California Code of Regulations Section 15301 relating to the operation and minor alteration of existing public or private structures with a negligible expansion of an existing use: C. It is exempt based upon 14 California Code of Regulations Section 16061 (b)(3) which provides the general rule that CEQA applies only to projects which have the potential for causing a significant effect on tho environment, and it can be seen with certainty that there is no possibility that the submission of this question to the voters will have a significant effect on the environment, Ill JIJ JIf 11/24/2003 15.50 KRNE, BALLNER & DERKMAN - 16263372965 NO.531 P025 The foregoing resolution was on the - day of December, 2003, adopted by the Board of Supervisors of the County of Los Angeles and ex-officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. VIOLET VARONA-LUKENS, Executive Officer-Clerk of the Board cf Supervisors of the County of Los Angeles 0 APPROVED AS TO FORM: LLOYD W. PELLMAN County Counsel M Deputy LJ',=MM0",B0RDLTRS�p"1 T8%-ZIty Pakl -MnrCh 2-04 Pnmury Fj dvnZwvd Deputy 11/24/2303 15:50 KPNE, DALLMER & BERKMPN 4 I6263372965 NO.tM [;026 Oqfo�A=te Np!embe 3. 2003: 1-ionotable Wii-)b4s oaf the Board of 13upervi-sars Rom $$3,-Kegn�thllahri Mall of AdjniDi,-,tmtors, 500 Tcmvk.,Sireei Uos CA 90012, ae: sPE,:(jA,,L TAX-ELEECTION FOR L1,8PARY SEXVIC7ES M. THE MY OF JIA PUENTE Roncwab[d MV6-tfib r*Qf the Board .of Supervisors: Th,� L-a Newe City C-ow icil. at dielir Tneetbig of October 29, 200-1, adot)wd 'RL ,oLqfion No'. 03-4347 Reqocs�.ttg tha te Board of Smpervi,-,Qrs: G.f Lhe, Coi�mty of: Los Angeles. Ptqvjde� for a Special Tax Elocuou to be I-Teld in .iho dh of La. P-uiiufd- 'nl.e re sOfiition mplegis the 000ty to wbrnit to tLe qualifitO vM IN iq,, que�v fioAi of a special tax to be levied by the County agauva- pm,61 i...n the crt, fbi- s with ;4 Jbi'ary ktcA.iccs, Th . resolutioij fui7fficr requests the Board of SupeiNvi-sm to /sate tee :the leis ARgOes Cotint),.Registirar-RecordeTJCDuiity Clerk. to ta'k-e any '41d ,IJ steps n'.ttesane 6br tb subilrds8ion of 60 qtteAidn of this sp�c.ial tax lia the qual Ified vow,rs -with.M. the Ci'.,,: alt the,MMarch 11004, electioii Ellclos�d is a Coxtifiod cagy OM�,,IOlivioti No, 0.3A347, 01MI cowl(,-� Dirc,06-i/City Clexk CAOs 11/24/2003 15z50 KANE, BALLMEP & DERKMPH --> 16263372965 N0.531 P027 RE.S01,U,T10'N NO. 03-4347 11ESOLUMpN OF.Tf W—CITY COUNCIL OF THE CITY OF LA PVEM, CALIFORNIA, REQUESTING THAT THE BOAND OF SUPEFUMSOV-S or T"E cotwry 0'F Los .AN kS PROVIDE FOR A. SPECIAL TAX MCOON To RF� BELD, IN THE CITY OF LA PUENTE WIMIZEAS. the City, of La P-aentee is with :ti the. servicr, area of flae- CoWity of Los Ahgckt Public.LjbrM ., , -of Tlie City of La Puea-,;' J WITE"RL, AS, city Cound of the, 'City of La Riente recognizes that it is necessa y alid d.o%ixabto ft.t to County of Los ,E gales (the "Courity) t0T 60�cjal Lo v �! ;�qu ?- against parcv.1s: wiftu fl)e City, of La Pumte (10W.) to pw id a d at. f�zTtding for i..ibrary %ervicesL and facilftiesito the residents of the C4; and WTWUASa Tho revonue colleted by the spacial tax VMI.bp lukd:to fatid Jibwry . ., h . satne m�cr as the revenue that is wIlcded by the s da j JeEvw�s md. . ilides in the, kd thp'cquuty agaipq. parcels in other portions of the service area of the Coumy of Los.Aiigvles Public Libr�i,i;xRd WMY,A,S,'tN-, C . it curreally has, 5c6tduled a stai� primes), election to bo Bald an March 21, 2004, which electim will be (�onductcd by the Los Amgrdi�s Cotmty NOW, TffEM0f&,BE IT RESOLVED THAT THE CITY COtNM OF TIM CrrY OF LA PUENTE : Secdop I - finds ihai the public he-alth, safety, md. :economic wq.1fa=:::d1hp City ,�vffli promoted byparficipating iii the special tai lemsaad that U4 s.Pech d- tax levy ma thal t. lie. territory of City wilt becerif friam the proppse d libraxy -,;ervjces and facilities. Sectigo 1 1 qimst5 that the flb kmty- submil to the quahfied Voters NAt-bin the City, at the State P-didary 01cotion to be holdifn the City oa March 2, 200C thc qpOfiou. bf;:A s�edal ta% to b6 loyi6d by to County against parcets �Yifliin the C4Y in the.-me, a4ipuxs: and for the same par posts as the special wx levied by Mize County'againsfPamek.in oth(er pot ions of t �x 60:='a of the Cotuity of Los Mzples Nbhc Likay to raise revewle, to ftnd Jibr4y ser-"J00� aad dial: the Bom-d of Supervisors of the% Co-unty ,if Lm;. Aiigeles instrugwqs t© are, Los. Cloizty. Qkrk. to ta.ke My: all stopS ne ssaTy fox the submiss onpf are qwes oz!,:@fjbe special tax 0:,tho glut lig,o. 4voY, ets with ir the ClitY at the Mim.,h 2., 2.004 11/24/2003 15-50 KRNE, BALLMER & BERKMAN 4 16263372965 I R,nohificyii No. 03-047 Pa'y'� 2 of 2 I Section 4. Reeggnizing that addidoml costs wki bt,: WC eld bYJ-Iw', Comity by ('f this, e City kgreewm reigibmsp ft,CotinTy for, )Xre, mu te Cky CI or k #a ffie. a, ce f izd copy of this re,501UOID€ I.. With. the Board of Sup Oma,0 the Las Aweles Cam wty PASSE 0 47,tO qF ID, APPROVED AND ADOYCE-ift ON this 29 f 0 � 2 03 bY AYES: NO AB5TAIN: A%rw� ATTESP. Iz Carol CmAcy, COUNCILMEMRERS, COUINCILMEMBERS: COUNULMENME"'. COUNCIL.MEMBERS, ST ATE, OF CALWORNIA. COUNTY OF LOS i-%-JNCJELFS Storing, Pbre±, Chavez, Lojah Solis NO. 531 P028 1, Cgot Co�*Y� dtfly appointed City cldrk C&the City-of �a Rzapte.; Ao heTe y cenify &, foregoing, Rosolatim No, 03,4347 1s a true ond carect copy Of the OrigitW CoMaitied in the LaPum- W. book of t* sat4e aPPOW'spnits in my office- of tht� Underp�P.gtv of per ury, I have hereunto. sort and hand wtdiO City' of LA Pile 1'tpy this 2.Wi d43, of Oa6ber 2003. 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N i C*lf CD (D r c c) m rq sc0 LO LO CO c'I Qa; M co Ln i CO Ln: N co n 0 > 0 ro (D E E 0� a m 0 Vi co 0 LU _j Z a- a-' Lf to X cn w F- C) M U. 0 ❑W W U) > 0 a- 0 cn w a_ 10 0 1-0 le 0 -C '0 -t-- ui CL o)-5 10 CL > > 0 cf; c: CY) 0 C:L CL U) (3) C 3) O'l- 41< ........ . . . > . .......... .... .. ...... ... .... .. ....... wo ...... . ........... . ............. .. ..... .... ..... .. .. ... Q u of LU Q) w LL N. M. 0 CD CD: 0 1- NP 0 E: CO. LO Ln z 4 col Imo; M' inlLo . A m 0 (D cc; m W. 0 a? C? Lo i(o N Ln co 0 C) C� C, N (N 0 J-_ IM: :(1 C, Lo a) 0 N A). CZ (13 i > LL (3)'' CL E Ca N U) TO: Mayor and City Council ROM: Kara Bouton, Assistant to the CEO`; INWITIN i s: .: s a i Below is a breakdown of the property tax revenues that were generated in the City of Baldwin Park as compared to the total operating costs for the Baldwin Park Branch of the County Library in FY 2002 -03. Property Taxes generated in the City for library services: $444,253.02 Revenue distributed to RDA after pass- throughsthat would have gone to the library had there not been a redevelopment project: {$ 68,757.43,E Cost of Library Services in Baldwin Park: Library Revenues: Difference between revenues and operating costs: Anticipated revenues from proposed Special Tax: (14,844 parcels @$24.26 per parcel) Continuing Operating Gap: C: Jose Sanchez, Director of Finance/Acting CEO Stephanie Scher, City Attorney $868,543.00 - $375,495.59 $493,047.41 $360,115.44 $132,931.97