Resolution - 95280
RESOLUTION NO: 9528
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, CALLING AND
GIVING NOTICE OF THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION ON TUESDAY, APRIL 28, 1998
FOR THE SUBMISSION OF A PROPOSED MEASURE
WHEREAS, the City of West Covina formerly levied assessments for park maintenance under
the Landscaping and Lighting Act of 1972, as amended, which funds have been used for a
variety of park maintenance activities, such as maintenance of landscaping, buildings and other
recreational improvements, the furnishing of water and electricity, the maintenance of the
municipal pool and the grounds of the West Covina Civic Center, and the funding of various
capital improvements within the City's parks; and
WHEREAS, on November 5, 1996 the voters of California approved Proposition 218 amending
the State Constitution to limit the ability of local government to collect assessment revenues; and
WHEREAS, the result of this limitation was the loss of approximately $2.0 million to fund
municipal services formerly funded by the City's historic Citywide Lighting and Maintenance
District, which had been in existence since 1976; and
WHEREAS, the City Council of the City of West Covina determines that it would be in the best
interest of the City, its residents, and its property owners to finance the maintenance of park
facilities by means of a replacement special tax, rather than an assessment; and
WHEREAS, the City is authorized to call for and levy a replacement special tax under
Government Code §53720, et. Seq.; and
WHEREAS, the replacement special tax is for maintenance of park facilities and services
available to all residents and property owners of the City.
NOW THEREFORE, THE CITY COUNCIL OF WEST COVINA DOES RESOLVE,
DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of California relating to
general law cities, there is called and ordered to be held in the City of West Covina on Tuesday,
April 28, 1998, a Special Municipal Election for the purpose of submitting the following:
Shall the City of West Covina, in accordance with the Right to
Vote on Taxes Act (Proposition 218), replace assessments
previously collected on property tax bills, with a special tax of
Yes
$49.90 per Equivalent Dwelling Unit (Single Family Home)?
All special tax revenues derived will be restricted to these
services:
Park Maintenance
Street Landscape Maintenance
Graffiti Removal
Traffic Signal Maintenance
No
Any future increases will be limited by the annual Consumer
Price Index not to exceed 2%.
SECTION 2. That the full text of the proposed measure to be submitted to the voters is
attached, and incorporated as EXHIBIT A.
SECTION 3. That the polls for the election shall be open at 7:00 am and close at 8:00 p.m.,
except as provided in § 14401 of the Elections Code of the State of California.
•
0
SECTION 4. That the City Clerk is authorized and directed to procure and furnish any and all
official ballots, notices, printed materials, all supplies, equipment and paraphernalia that may be
necessary in order to properly and lawfully conduct the election.
SECTION 5. That in all particulars not recited in -this resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution.
PASSED; APPROVED AND ADOPTED ON January 20, 1998.
C
Attest: ---
City Clerk Janet Berry
FORM I
i,M
Miyor "jamin Wong
I, JANET BERRY, City Clerk of the City of West Covina, hereby certify that the foregoing
resolution was duly adopted by the West Covina City Council at a regular meeting thereof held
on January 20, 1998, by the following vote of the Council:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSENT: None
ABSTAIN: None /�J •�':
City /Clerk Janet Berry--.
Approved as to form:
Wccz�e
City Attorney Betsy Martyn
Resolution 9528 Page 2
EXHIBIT A
WEST COVINA REPLACEMENT SPECIAL TAX PROPOSITION
Shall a replacement special tax, as described below, be authorized?
1. Purpose — The purposed of this Proposition is to propose to the voters of the city a
is replacements special tax to provide reliable ongoing funding for park and facility
maintenance, street landscape maintenance, graffiti removal and traffic signal
maintenance. The City Council finds that, as a result of the passage of Proposition 218,
former assessments for this purpose have expired and cannot be levied, with a loss of
over $2.0 million to the City to support park maintenance and other services.
Accordingly, a special tax is being proposed to replace the assessments formerly levied
by the City.
2. Annual Tax Lew — The annual tax to be levied for any fiscal year shall be determined by
resolution of the City Council of the City on or before August 10 of each year on the
basis of the actual revenues estimated to be required by the City to pay its reasonable and
necessary expenses for the services detailed in Section 3 of this Proposition for such year,
and shall be levied in accordance with the maximum tax rates set forth in Sections 5
through 8 of this Proposition.
3. Use of Tax Proceeds — The proceeds of taxes received by the City in accordance with this
replacement special tax shall be expended only for the following purposes:
(a) Park maintenance and operations, including but not limited to
maintenance, repair and improvement of park landscaping, including the
furnishing of water, lighting and energy;
(b) Maintenance, repair and improvement of park buildings, parking lots, and
park and recreation equipment;
(c) Maintenance, repair and improvement of municipal pool facilities,
including the furnishing of water, lighting, and energy;
(d) Maintenance, repair and improvement of Civic Center landscape facilities,
including the famishing of water, lighting, and energy.
4. Definitions
(a)
Fiscal years shall begin on July 1 and end on June 30 of the following
calendar year.
(b)
"CPP' shall be defined as the Consumer Price Index for the Los Angeles -
Anaheim -Riverside Area for All Urban Consumers, as developed by U.S.
Bureau of Labor Statistics.
(c)
"City" shall be defined as the City of West Covina.
(d)
"Annual Special Tax Levy" is the annual special tax to be levied for any
fiscal year, which is determined by the majority vote of the City Council
of the City on the basis of the actual revenues estimated to be required by
the City to pay its reasonable and necessary expenses for such year, not to
exceed the maximum special tax rate.
(e)
"Parcel" shall be defined as a legal parcel of land designated by an
assessor's parcel map and parcel number and carried on the property tax
roll of the County of Los Angeles.
(f)
"Maximum Special Tax Rate" shall be defined as the maximum
authorized special tax rate established by Section 5 hereof.
(g)
"Property Taxes" shall be defined as ad valorem property taxes.
' 5. Maximum Special
Tax Rate — The maximum authorized special tax rate for each parcel
shall be according to the following table. These rates may increase, with City Council
approval, each fiscal year hereafter by the percentage change in the CPI in the preceding
fiscal year with maximum increase of 2% annually
Resolution 9528 Page 3
•
$49.90
Land Use
Equivalent Dwelling Units
Services Reduced Funding
Single -Family
1.0 EDU per Dwelling Unit
$49.90 per Dwelling Unit
Residential
Condominiums
0.75 EDU per Dwelling Unity
$37.43 per Dwelling Unit
Multi -Family
0.75 EDU per Dwelling Unit for
$37.43 per Dwelling Unit for fast 4
Residential
first 4 units
units, plus
0.50 EDU per Dwelling Unit for 5
$24.95 per Dwelling Unit for
to 15 units
additional units 5 - 15, plus
0.25 EDU per Dwelling Unity for
$12.48 per Dwelling Unit for
over 15 units
additional units above 15
Mobile Home
0.50 EDU per Dwelling Unit
$24.95 per Dwelling Unit
Parks
Commercial/
5.0 EDU per Acre for first 5 acres
$249.50 per Acre for first 5 acres,
Industrial
plus
1.25 EDU per Acre for over 5 acres
$62.38 per acre for each Acre
above 5 acres
Undeveloped SFR
0.25 EDU per Parcel
$12.48 per Parcel
Parcel
Undeveloped
1.25 EDU per acres
$62.38 per Acre
Commercial
6. Application of Special Tax — The special tax shall apply, as set forth in the Proposition, to
all parcels which are within the City at the time of the tax election, all parcels which are
annexed to the City thereafter, and all parcels which are subsequently created by any
form of land division. It shall exclude any parcel that is detached from the City and any
parcel that is not taxable under the laws of the State of California or the United States of
America.
Special Tax Lien — The special tax imposed under this proposition shall constitute a lien
in accordance with Revenue and Taxation Code, and shall have the same effect as a
property tax until fully paid. For fiscal year 1998/99, the lien shall attach at 12:01 am on
July 1, 1998. For subsequent years, the lien shall attach at 12:01 am on July 1 preceding
the fiscal year for which the taxes are levied, or such other date as set out in applicable
law.
8. Collection — The special tax shall be entered upon the tax rolls, and collected by the tax
collector of the County of Los Angeles in conjunction with, and shall be subject to the
same interest, penalties, and costs, as general property taxes. The taxes on each parcel
shall be billed on the secured roll, but may be transferred to the unsecured roll in
accordance with applicable law, rules, and procedures. Failure to pay on or before the
delinquency date will result in the imposition of penalties, interest, and costs in the same
manner as applicable to general property taxes.
9. Administration — The County of Los Angeles shall be entitled to deduct the reasonable
costs of collection and administration of the special tax before remitting said tax revenues
collected to the City.
10. Appeal — The City Council may adopt reasonable rules and regulations, providing for
review of any action, decision, or recommendation of the City Council or administrative
staff affecting the amount of tax levy on parcels. The City Council's decision rendered
after the review shall be final. Nothing in this section shall abrogate the obligation to
' comply with the requirements of existing law.
11. Implementation— The City Council shall, as deemed necessary, from time to time, adopt
motions, resolutions, and/or ordinances for implementation and administration of the
special tax and expenditure limit in accordance with applicable open meeting laws.
Resolution 9528 Page 4
0
12. Effective Date — This Proposition shall become effective, and the special tax herein
adopted immediately upon its confirmation by two-thirds (2/3) of the voters voting within
the City in any election held on April 28, 1998. The first tax levy shall be for the
1998/99 fiscal year.
13. Change of Organization — To the extent allowed by law, in the event of incorporation,
reorganization, annexation, or detachment affect the City, the special tax shall remain in
effect and shall continue to be applicable to all parcels of land within the boundaries of
the City or successor agency at the time.
Resolution 9528 Page 5