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CC Resolution 2001-138 RESOLUTION NO. 2001-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2002, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF SAID CITY, AN ORDINANCE RELATING TO LEVYING A SPECIAL TAX UPON EACH PARCEL IN THE CITY FOR FIRE PROTECTION AND PARAMEDIC SERVICES WHEREAS, under the provisions of the laws relating to general law cities in the State of California, the La Quinta City Council desires to call a Special Municipal Election which will be held in the City of La Quinta on the 5th day of March, 2002 for the purpose of submitting to the voters at the Special Municipal Election an ordinance regarding the levy of a special tax upon each parcel in the City for fire protection and paramedic services. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY 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 Municipal Elections, there is called and ordered to be held in the City of La Quinta, California, on Tuesday, March 5, 2002, a Special Municipal Election to be consolidated with the Statewide Primary Election for the purpose of submitting to the qualified voters the following question: "Shall an ordinance be adopted to authorize the levy of a YES special tax on each eligible parcel in the City to fund fire NO protection and paramedics services?" A mark placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the approval of the question. A mark placed in the voting square after the word "NO" in the manner hereinbefore provided shall be counted against the approval of the question. Resolution No. 138 Special Tax / Fire & Paramedics Adopted: November 6, 2001 Page 2 SECTION 2. That the proposed complete text of the ordinance measure submitted to the voters is as attached hereto as Exhibit A. SECTION 3. It is desirable that said Special Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the city, the precincts, polling places and election officers of the two elections be the same and that the Riverside County Election Department canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election. SECTION 4. That the polls for said election shall be open at seven o'clock a.m. of the day of said election and shall remain open continuously from said time until eight o'clock p.m. of the same day when said polls shall be closed, except as provided in the Elections Code of the State of California. SECTION 5. That the City of La Quinta agrees to reimburse Riverside County for services performed when work is completed upon presentation of a bill. SECTION 6. That in all particulars not recited in this Resolution, 'said election shall be held and conducted as provided by law for holding municipal election in said City. SECTION 7. That notice of the time and place of holding of said election is hereby given and the City Clerk is hereby authorized, instructed, and directed to give such further or additional notice of said election, in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this 6th day of November, 2001, by the following vote: Resolution No. 138 Special Tax / Fire & Paramedics Adopted: November 6, 2001 Page 3 AYES- Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES' None ABSENT- None ABSTAIN' None JOH City o~[a Quint~ California ATTEST: City of La Quinta, California (City Seal) APPROVED AS TO FORM' --IERINE JENS rney City of La Quinta, California Resolution No. 138 Special Tax / Fire & Paramedics Adopted: November 6, 2001 Page 4 EXHIBIT A AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING THE AMENDMENT OF CHAPTER 3.19 OF THE CITY OF LA QUINTA MUNICIPAL CODE AUTHORIZING THE LEVY OF FIRE PROTECTION SERVICES SPECIAL TAX WHEREAS, pursuant to the authority of California Government Code Section 53970, et seq., the City is authorized to levy special taxes for the provision of fire protection and paramedic services in accordance with the provisions of California Government Code Section 53720, et seq. and Article XIIIC of the Constitution of the State of California; and WHEREAS, in order to accomplish the foregoing it is necessary to amend Chapter 3.19 to the City of La Quinta Municipal Code; THE PEOPLE OF THE CITY OF LA QUINTA, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. The City of La Quinta Municipal Code is hereby amended by deleting in its entirety the existing Chapter 3.19 enacted by Ordinance No. 166 on March 6, 1990 and amending Chapter 3.19 to read as follows: Section 3,19,010, Special Tax For Fire Protection and Paramedic Services, This Chapter shall be deemed to provide a supplemental and additional authority for the levy of special taxes for fire protection and paramedic services and shall be regarded as supplemental and additional to those powers conferred by California Government Code Section 53970, et seq. Notwithstanding any provision to the contrary contained in said provisions, the City may utilize annual escalators or inflators in prescribing the maximum special tax to be levied in each succeeding fiscal year in which it is levied. Resolution No. 138 Special Tax / Fire & Paramedics Adopted: November 6, 2001 Page 5 Section 3.19.020. Imposition of Tax. Pursuant to the authority of the Charter of the City of La Quinta and California Government Code Section 53970, et seq., there is hereby levied and assessed a fire protection and paramedic services special tax by the City of La Quinta on each parcel of property within the City of La Quinta. For purposes of this ordinance a "parcel of property" shall mean any contiguous unit of improved or unimproved real property, including, but not limited to any vacant property, commercial/industrial property, single family residence, multifamily residential units, any condominium unit as defined in California Civil Code Section 783, or any other unit of real property subject to the California Subdivided Lands Act (Business and Professions Code Sections 11000, et seq.). Section 3.10.030. Use of Revenue. (a) The purpose of this ordinance is to raise revenue only for the purposes of obtaining, providing, operating and maintaining fire protection and paramedic services, facilities and equipment, for paying the salaries and benefits to fire protection and paramedic personnel, and for such other necessary fire protection and paramedic services expenses of the City of La Quinta as such services shall be made available throughout the entire City. (b) The proceeds from this ordinance shall be used only for the purposes identified in subsection (a) of this Section. (c) Upon the effective date of this ordinance, the City Finance Director shall create a separate account into which all revenue raised by this ordinance shall be placed. (d) The City's Finance Director shall file a report with the City Council no later than January 1, 2003, and at least once a year thereafter which shall contain both of the following: (i) the amount of funds collected and expended under this ordinance; and (ii) the status of any project required or authorized to be funded to carry out the purposes set forth in subsection (a) of this Section 3.1 9.030. Resolution No. 138 Special Tax / Fire & Paramedics Adopted: November 6, 2001 Page 6 Section 3.19.040. Calculation of Amount. (a) The tax imposed by this ordinance shall be a tax upon each parcel of property and the tax shall not be measured by the value of the property. (b) For fiscal year 2002-2003, the maximum annual amount of said fire protection and paramedic services special tax shall be imposed upon each parcel of property in the City in accordance with the following schedule of amounts (the "Base Year Amount"): Residential Parcels $85.00 per unit per year Multifamily Residential Parcels $50.00 per unit per year Commercial/Industrial Parcels $610.00 per acre per year Hotel Parcels $65.00 per room per year Residential Undeveloped Land ~10.00 per acre per year Commercial/Industrial Undeveloped $10.00 per acre per Land year Golf Course Parcels $1 5.00 per acre per year (c) For each fiscal year after fiscal year 2002-2003, the maximum annual amount of said fire protection and paramedic services special tax for each category of property shall be determined by multiplying the Base Year Amount for each lot within such parcel of property by an inflation factor of Three Percent (3.0%). In succeeding years, the maximum annual amount of the fire protection and paramedic services special tax for each category of property shall be determined by multiplying the preceding fiscal year's maximum special tax by an inflation factor of Three Percent (3.0%). Section 3.19.050. Determination of Lots and Building Improvements. The records of the City of La Quinta shall be utilized to determine the number of parcels of property and the land use or zoning thereof for purposes of classification under Section 3.1 9.040(b). Resolution No. 138 Special Tax / Fire & Paramedics Adopted: November 6, 2001 Page 7 Section 3.19.060. Exempt Property. The fire protection and paramedic services special tax shall not be imposed upon a federal or state governmental agency, any local public agency, or any parcel of property which is exempt from ad valorem taxes under any other applicable law. Section 3.19.070. Time and Method of Payment of Special Tax. The fire protection and paramedic services special tax shall be due in two equal installments in accordance with the collection procedures of the Riverside County Tax Collector and the California Revenue & Taxation Code provisions for secured property tax collection, and shall be collected in the same manner, subject to the same penalties and interest, and on the same applicable dates as established by law for the due dates for the other charges and taxes fixed and collected by the County of Riverside on behalf of the City of La Quinta. The County of Riverside may deduct its reasonable costs incurred for such services before remittal of the balance to the City of La Quinta. The fire protection and paramedic services special tax, together with all penalties and interest thereon, shall constitute a lien upon the parcel of property upon which it is levied until it has been paid, and said special tax, together with all penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of La Quinta by the person(s) who own the parcel of property on the date said special tax is due. Section 3.19.080. Administration of Tax. The City Council by not less than three (3) affirmative votes, is empowered: (a) To establish the amount of the fire protection and paramedic services special tax levy annually each fiscal year in amounts not to exceed the maximum amounts specified in Section 3.1 9.040 of this ordinance as is required to provide an adequate level of fire protection and paramedic service in the City in accord with the purposes set forth in this ordinance. Resolution No. 138 Special Tax / Fire & Paramedics Adopted: November 6, 2001 Page 8 (b) To sit as a Board of Equalization under procedures to be adopted by the City Council to equalize inequities and reduce hardships created by the literal application of this ordinance, and such shall be deemed an administrative remedy. (c) To annually provide an official Levy Book designating the actual tax levy on each parcel of property and to place the same on file in the office of the City Clerk. (d) To amend this ordinance as necessary to permit the Riverside County Tax Collector or any other duly designed public official to collect a special tax such as is levied by this ordinance in conjunction with other County taxes, or in order to assign duties established by this ordinance to other officers as otherwise permitted by law, or to modify procedures required by this ordinance, for the sole purpose of levying and/or collecting a special tax in an amount not to exceed that permitted by Section 3.19.040 of this ordinance to be used solely for the purposes permitted by Section 3.1 9.030 of this ordinance. Section 3.19.090. Unexpended Revenue. The unexpended residue of any money raised by the City under this ordinance may in the discretion of the City Council only be (i) used in the succeeding year for the purposes stated in this ordinance; or (ii) used for lowering the next year's tax levy by the amount unexpended. Section 3.19.100. Severance Provisions. If any provision(s) of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council and the electorate by referendum 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 one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or .unconstitutional. Resolution No. 138 Special Tax / Fire & Paramedics Adopted: November 6, 2001 Page 9 Section 3.19.1 10. Effective Date. This Chapter 3.19 shall be effective only if approved by two-thirds (2/3) of the voters voting at an election to be held on March 5, 2002, and shall go into effect only at such time as the City Council has, in accord with the procedures required by law, declared that the special tax measure to be vOted on at said election was approved by two-thirds (2/3) of the voters voting thereon. Except as provided in Section 3.1 9.080(d), upon becoming effective, Chapter 3.1 9 may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on such amendment or repeal at a duly called initiative or referendum election.