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CC RES 1992-007RESOLUTION NO. 92 -7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 14, 1992, FOR THE SUBMISSION OF A QUESTION TO THE VOTERS RELATING TO IMPOSING AN ANNUAL EXCISE TAX ON MUNICIPAL SERVICES WHEREAS, under the provisions of the laws relating to general law cities in the State of California a Special Municipal Election shall be held on Tuesday, April 14, 1992, for the purpose of submitting to the registered voters of said City a question relating to imposing an annual excise tax on municipal services. .NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, DOES RESOLVE, DECLARE, 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 Rancho Palos Verdes, California, on Tuesday, April 14 , - 1992 , - a Special Municipal Election. SECTION 2. That the City Council, pursuant to its-right and authority, does order submitted to the voters at the Special Municipal Election the following question: ------------------------------------------------ ------ - - - -- Shall the ordinance imposing an annual excise tax on municipal services for four years I YES of not to exceed $200.00 per parcel on parcels improved with single family residential dwellings, institutional uses, or commercial +---- - - - - -+ uses, and not to exceed $75.00 per apartment unit, and not to exceed $50.00 per acre of NO undeveloped property be adopted? - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SECTION 3. That the proposed measure submitted to the voters is attached as Exhibit "A ". SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the polls for the election shall be open at seven o'clock a.m. on the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14301 of the Elections Code of the State of California. SECTION: 7. 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 S. 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 and manner as required by law. PASSED, APPROVED AND ADOPTED ON JANUARY 11 1992, ATTEST: /1110'N I �PMA P State of California County of Los Angeles ) ss City of Rancho Palos Verdes I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes hereby certify that the above Resolution No.92 -7 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held January 11, 19920 Page 2 of 2 RESOL. 92 -7 • • • • • • 0 • • 0 0 0 • • • • • iY H6Y "�'4lt'fw: lV�. CITY OF RANCHO PALOS VERDES SAMPLE BALLOT and Voter Information Pamphlet SPECIAL MUNICIPAL ELECTION TUESDAY, APRIL 14,1992 POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M. MARK AND SAV�­"THIS SAMPLE BALLOT For use at your Polling Place or for voting your Absentee Ballot NO T I Absentee Ballot Application on Back Cover WARNING Your polling place may have been changed. See back cover for polling place location. THE LOCATION OF YOUR POLLING PLACE IS SHOWN AT BOTTOM OF BACK COVER I v 0 T N G INSTRUCTIONS TO VOTERS: To vote on any measure, punch out the circled cross © in the voting square after the word "YES" or after the word "NO ". All marks except the punch holes are forbidden. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly punch, tear or deface the ballot card, return it to the precinct board member and obtain another. OFFICIAL BALLOT CITY OF RANCHO PALOS VERDES SPECIAL MUNICIPAL ELECTION TUESDAY, APRIL 14, 1992 1 HAVE VOTED - HAVE YOU? THIS BALLOT STUB SHALL BE REMOVED BEFORE BALLOT IS PLACED IN BALLOT BOX E ke sure circled cross ® is completely removed (CAL061) MEASURE SUBMITTED TO VOTE OF VOTERS i Shall the ordinance imposing an annual excise tax on municipal ser- vices for four years of not to exceed $200.00 per parcel on parcels im- proved with single family residential dwellings, institutional uses, orcom- mercial uses, and not to exceed $75.00 per apartment unit, and not to exceed $50.00 per acre of unde- veloped property be adopted? (CAL061) mWM!V a l CITY OF RANCHO A 0 V RDES V OTER INFORMATION PAMPHLET The following pages contain: BALLOT MEASURES, ANALYSES, ARGUMENTS AND REBUTTALS MEASURES: Some of the following pages may contain proposed measures, propositions or charter amendments. The portions to be deleted are printed in std -tie, and the portions to be added are underlined. ANALYSIS: The Impartial Analysis is an impartial summary of the results of the proposed measure or proposition. ARGUMENTS: Arguments and /or rebuttal arguments in support of or in opposition to the proposed laws are the opinions of the authors and have not been checked for accuracy by any official agency. ABSENTEE VOTING Absentee voting (voting by mail) is available to all registered voters who will be unable to go to the polls on election day. To apply for an absentee ballot, fill in the Application Form on the back page of this Voter Information Pamphlet and mail it to the City Clerk by the deadline stated on the form itself. YOUR HELP IS REQUESTED We are looking for volunteers to work as Precinct Board Officers and for places to use as Polling Places for this and upcoming elections. If you are interested in serving as a Precinct Officer or letting us use your place for a polling place, please call the Office of the City Clerk. MEASURE A ORDINANCE NO. AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, LEVYING A GENERAL EXCISE TAX ON THE USE AND ENJOYMENT OF MUNICIPAL SERVICES. THE PEOPLE OF THE CITY OF RANCHO PALOS VERDES,CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS: Section 1. City Staff and the City Council have conducted a thorough review of the City's budget and financial condition and have determined that City revenues are not sufficient for the City to continue to provide the municipal services necessary to maintain the desired quality of life and level of service in the City. This ordinance enacts a general excise tax to provide. revenue to the City to be placed in the City's general fund to be utilized for general governmental purposes as authorized by the City Council. The City Council approved this ordinance by a unanimous vote and called a special election to be held on April 14, 1992, for the purposes of placing this ordinance on the ballot for approval by a majority of those voting at the election. Section 2. Definitions. (A) "Parcel of property" as used in this ordinance shall mean any unit of improved or unimproved real property held in separate ownership including, but not limited to, commercial property, . institutional property, single family residential property, multi - family residential property or any other unit of real property. (B) "Residential Dwelling Unit" as used in this ordinance shall mean any single family residence or condominium unit. (C) "Undeveloped Parcel" as used in this ordinance is any vacant parcel which is not improved with a structure exceeding 500 square feet. Section 3. There is hereby levied a general excise tax on the use and enjoyment of municipal services provided by the City of Rancho Palos Verdes. The tax is to be imposed on parcels of property in the City of Rancho Palos Verdes for each fiscal year, commencing with the fiscal year 1992 -93 and ending with the fiscal year 1995 -96. Section 4. The general excise tax imposed by this ordinance shall be a tax upon each parcel of property, and in compliance with the provisions of Article XIIIA of the California Constitution, the tax shall not be measured by the value of the property. The general excise tax is being levied in proportion to the municipal services being utilized and not upon the ownership of the property. Thus, developed parcels the owners of which utilize municipal services, such as recreational facilities and programs and animal control services, are required to pay a larger excise tax than owners of undeveloped parcels. However, all parcels, whether developed or not, still benefit from a well- maintained city and receive many of the municipal services which are provided by the City such as, for example, police protection and the construction and maintenance of streets and flood control improvements. Section 5. The revenue raised by this ordinance shall be placed in the general fund of the City to be expended for general governmental purposes as authorized by the City Council. Section 6. The maximum amount of said general excise tax for each fiscal year shall be as follows: $200.00 per- parcel developed with a single family residential dwelling unit; $200.00 per condominium unit; $75.00 per residential apartment unit; $200.00 per parcel developed with commercial or institutional uses; Undeveloped parcels in any zone or area of the City shall be taxed at a rate of $50.00 per acre or portion thereof. In the event territory is annexed to the City of Rancho Palos Verdes following the date of adoption of this ordinance, the general excise tax shall be imposed on such annexed parcels in the same amounts as other parcels in the same classification or use for the fiscal year of such annexation and any fiscal years thereafter, until this ordinance is no longer effective. Section 7. The City Council, by three (3) affirmative votes, is empowered: (A) To establish annually the amounts of the general excise tax to be levied each fiscal year, in amounts not to exceed the maximum amounts specified in Section 6 of this ordinance, as is necessary to provide adequate revenues to the City in accordance with the purposes of this ordinance; (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 ordinance, which shall be deemed an administrative remedy; (C) To annually cause to be prepared a report approved by the City Council which designates the actual amount of the general excise tax to be levied upon each parcel, and to place the same on file in the office of the City Clerk. (D) To establish a long range finance committee comprised of not less than seven (7) members which shall annually review the statement of the City's financial condition and shall annually advise the City Council regarding the City's financial condition and regarding the use of the revenues derived from the excise tax imposed by this ordinance. Section 8. The City Council is empowered to amend this ordinance by three (3) affirmative votes of the members thereof to the extent that the City Council finds that minor changes to this ordinance are necessary to effectuate or implement its purposes, or in order to conform to state law that permits the County Tax Collector, or other proper official, to collect a general excise tax, such as is levied by this ordinance, in conjunction with City assessments or County taxes or in order to assign duties pursuant to the ordinance to other officers. However, in no event shall the City Council impose any excise tax authorized pursuant to this ordinance which exceeds any of the amounts set forth in Section 6 hereof. The City Council, by three affirmative votes, is empowered to establish procedures necessary to implement this ordinance. Section 9. No section of this ordinance shall be construed to permit, and the City Council is expressly prohibited from, increasing the maximum amount of any general excise tax imposed by this ordinance. Section 10. Due to financial constraints, the City of Rancho Palos Verdes does not have the staff or resources available to directly collect the general excise tax or any penalties imposed by this ordinance. Thus, the general excise tax imposed hereby shall be due in two equal installments and collected by the County of Los Angeles 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, assessments and taxes fixed and collectedy the County on behalf of the City of Rancho Palos Verdes and the County may deduct its reasonable costs incurred for such services before remittal of the balance to the City. However, this method of collection shall not cause this excise tax on municipal services to be construed instead as a property tax. The general excise tax imposed by this ordinance, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of Rancho Palos Verdes by the person(s) who own the parcel on the date the tax is due. This personal obligation may be enforced by a civil action or by any other means now or hereafter authorized by law. Section 11. The City Council is hereby authorized to establish procedures whereby an individual who is financially unable to pay the general excise tax imposed by this ordinance can enter into an agreement with the City whereby the payment of the excise tax and any penalty or interest thereon can be deferred. Section 12. The general excise tax hereby imposed shall not be imposed upon property owned by a Federal or State Governmental agency or another Local Agency or upon property owned by the City or upon any parcel of property that is exempt from the imposition of such taxes pursuant to any provision of the Constitution or any paramount law including, without limitation, non - profit organizations which are exempt from the payment of taxes pursuant to the provisions of Section 23701 d of the California Revenue and Taxation Code. Section 13. Except as expressly authorized by Section 8 above, this ordinance and its provisions may only be amended or repealed by approval of a majority of the voters voting on the provisions at any initiative or referendum election. Section 14. This ordinance shall be null and void as of midnight, June 30, 1996, and shall have no force and effect whatsoever after said time and date, except that Sections 10 and 11 relating to the collection and enforcement of personal obligations for the general excise tax previously levied hereunder, shall continue in effect until such time as the collection and enforcement procedures have been completed. Section 15. This ordinance shall be effective only if approved as an initiative measure by a majority of the voters voting at an election to be held on April 14, 1992, and go into effect ten (10) days after the City Council has, by resolution, declared that such initiative measure was approved by a majority of the voters voting thereon. Section 16. If any provision of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council, and the electorate, do hereby declare that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any oneor more beclared sections, subsections, clauses, phrases, parts or portions thereof, be invalid or unconstitutional. Section 17. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause same to be published as required by law. ADOPTED by the electorate as of this day of , 1992. Mayor ATTEST: City Clerk IMPARTIAL ANALYSIS Ballot Measure A is a proposal to adopt an ordinance imposing a general excise tax. If adopted, the general excise tax would be a tax on the use and enjoyment of municipal services provided by the City and would be imposed on parcels of property in the City. The purpose of the tax is to provide revenue to the City to be utilized for general governmental purposes. All funds raised by this ordinance are to be deposited in the City's general fund. The ordinance provides that the maximum amount of the general excise tax for each fiscal year would be: $200.00 per parcel developed with a single family residential dwelling unit; $200.00 per condominium unit; $75.00 per residential apartment unit; $200.00 per parcel developed with commercial or institutional uses; $50.00 per acre or portion thereof for undeveloped parcels. The excise tax would not be imposed upon property owned by a Federal, State or local Governmental agency, upon property owned by the City, or upon any parcel of property that is exempt from the imposition of such taxes pursuant to Federal or State law. The tax would be payable in two equal semi - annual installments and would be collected by the County of Los Angeles on the property tax bills like other charges and assessments. The tax and any interest or penalties would constitute a personal obligation of the owner(s) of the parcel. If approved by the voters, the ordinance and tax would be in effect for four years. The tax would commence in the 1992 -93 fiscal year of the City and would end at the conclusion of the 1995 -96 fiscal year. The City's fiscal year commences on July 1 st and ends on June 30th of the succeeding year. The ordinance would expire as of June 30, 1996, and would have no further force and effect after that date. The City Council is empowered to decrease the amounts of the tax to be levied each fiscal year, but is expressly prohibited from increasing the tax. The City Council also is empowered to establish a long range finance committee, comprised of seven members, to annually review the City's financial condition and to annually advise the City Council regarding the financial condition of the City and the use of the revenues derived from the tax. The City Council may establish procedures to implement the ordinance and to allow individuals who are financially unable to pay the tax to enter into agreements with the City to defer payment. Measure A requires approval by a majority of the voters voting at the April 14, 1992 election. If Measure A is adopted, the ordinance may only be repealed or substantially amended by a majority of the voters voting on the provisions at any initiative or referendum election. A "yes" vote is a vote for adoption of the ordinance imposing the tax; a "no" vote is against adoption of the ordinance imposing the tax. T Carol W. Lynch City Attorney ARGUMENT FOR MEASURE "A" Our PROPERTY VALUES, SAFETY, and QUALITY OF LIFE ARE IN JEOPARDY. Rancho Palos Verdes no longer has the income to provide vital public services. We have no stable source of funding. We receive only $150 out of every $5,000 in property taxes. This pays only 50% of police protection costs. Rancho Palos Verdes' per capita expenditures are the lowest in the South Bay. The State has taken a GIANT BITE out of our traditional funds- - traffic fines, vehicle licenses, cigarettes, gas tax, and more. R.P.V. gets only 3% of the property tax bill. Palos Verdes Estates, for example, gets 15% and a $340 special assessment. They, along with Torrance and Redondo Beach, (large commercial bases) also levy high utility taxes on their citizens. For 18 years, Rancho Palos Verdes has survived on this meager income. It is no longer possible with state funding changes. $1,500,000 has already been cut from the budget; 30% of the staff laid off. Management control and accountability have been . restored. Park programs are now being fully paid for by the users. Necessary road repairs. and reconstruction are on hold. This could cost millions more later! Last year volunteers contributed over 10,000 hours to the city. But volunteers cannot patch roads or police the city. Without a "Yes" vote, almost 1/2 of the City's bare bones budget will be cut. This includes law enforcement and critical road improvements. I For those with financial hardships, provisions are included to postpone the tax until the sale of property. This deductible tax expires in fouryears. Without passage, both your City and property values are at risk. A city with shoddy streets, neglected public areas and marginal police protection could be our future. VOTE "YES" ON MEASURE "A ". John C. McTaggart, Mayor Susan M. Brooks, Mayor Pro Tern Jacki Bacharach, Councilwoman Steven T. Kuykendall, Councilman Robert E. Ryan, Councilman ARGUMENT AGAINST MEASURE "A" (None Filed) PERMANENT ABSENT VOTER STATUS Any voter who has lost, or has lost use of, one or more limbs, has lost use of both hands, is unable to move without the aid of an assistant device (e.g. cane, crutches, walker, wheelchair), is suffering from lung disease, has a significant limitation of the use of the lower extremities, or is suffering from a diagnosed disease or disorder which substantially impairs or interferes with the person's mobility may apply for Permanent Absent Voter Status. You may request an application for Permanent Absent Voter Status from the COUNTY ELECTION DEPARTMENT. 1.6E5 -17LZ06 d3 `S3aU3n SO-Idd OHONVU aAIG 3NUGH1MVH 01760E `�-1VH AJLID NU3-13 A.LID `-i -wound Or : O.l eaaH dwejg GOPId 0681SOd : U of q 06Z JO PURCELL, CITY CLERK CITY HALL, 30940 HAWTHORNE BLVD RANCHO PALOS VERDES, CA 90274 -5391 310/ 377 -0360 POLLS OPEN AT 7 A.M. AND CLOSE AT 8 P.M. WHEN POLLING PLACE IS INACCESSIBLE TO THE HANDICAPPED, BALLOT MAY BE VOTED OUTSIDE THE POLLING PLACE' BULK RATE CAR RT SORT U. S. POSTAGE PAID RANCHO PALO VERDES, CA Permot No. 194 I - -- ---- ------ - - - - -- -TEAR ON PERFORATED LINE AND ATTACH POSTAGE TO REVERSE SIDE-------------- - - - - -- I CITY OF RANCHO PALOS VERDES, SPECIAL MUNICIPAL ELECTION, APRIL 14, 1992 To obtain an absentee ballot, complete the information on this form. This application MUST BE RECEIVED by the elections official by: APRIL 7, 1992 FOR OFFICIAL USE ONLY: Precinct No. Ballot Group No. Ballot No. Date Issued Date Returned Signature Matches 1. Print Name 2. Date of Birth 3. Residence Address in the City (PO Box, Rural Route not acceptable) City and Zip 4. Phone # 5. PRINT MAILING ADDRESS FOR BALLOT (If different from your residence address) Note: Organizations distributing this form may NOT preprint the mailing address information. THIS APPLICATION WILL NOT BE ACCEPTED WITHOUT THE PROPER SIGNATURE OF THE APPLICANT * I have not applied for an absentee ballot for this election by any other means. I certify under penalty of perjury under the laws of the State of California that the name and residence address on this application are true and correct. ,RIP DATE SIGNATURE OF APPLICANT WARNING: Perjury is punishable by imprisonment in state prison for two, three or four years. (Section 126 of the California Penal Code.) .L Precinct No. and Handicapped Accessibility l Polling Place Description L Polling Place Address Ballot Group No. and Voter ID No. DELIVER TO: Voters with specified disabilities may qualify as PERMANENT ABSENT VOTERS. Contact your local county elections official for further information. BALLOT TYPE CAL061