CC Resolution 2002-111 RESOLUTION NO. 2002-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 5, 2002, FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED ELECTORS OF SAID CITY, INITIATIVE ORDINANCE NO.
2002-1 AUTHORIZING THE LEVYING OF A SPECIAL TAX UPON
EACH PARCEL IN THE CITY FOR FIRE PROTECTION AND
PARAMEDIC SERVICES
WHEREAS, pursuant to the Charter of the City of La Quinta and under the
provisions of the laws of the State of California, the La Quinta City Council desires
to call a General Municipal Election which will be held in the City of La Quinta on
the 5th day of November, 2002 for the purpose of submitting to the voters Initiative
Ordinance No. 2002-1 regarding the levy of a special tax upon each parcel in the
City for enhanced fire protection and paramedic services;
WHEREAS, the City Council desires to submit to the voters at a General
Municipal Election a proposed ordinance relating to the levying of a special tax for
fire protection and paramedic services;
WHEREAS, the City Council is authorized and directed by statute to submit
the proposed ordinance to the voters;
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 Charter of the City of La Quinta and the
laws of the State of California relating to General Munici.~al Elections, there is called
and ordered to be held in the City of La Quinta, California, on Tuesday, November
5, 2002, a General Municipal Election to be consolidated with the Statewide
General Election for the purpose of submitting to the qualified voters the following
question:
"Shall Initiative Ordinance 2002-1, authorizing the levy of a
YES
special tax on each eligible parcel in the City to fund enhanced
NO
fire protection and paramedic services, be adopted?"
Resolution No. 2002-111
Special Tax / Fire & Paramedics
Adopted: July 16, 2002
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. That the ballots to be used at the election shall be in form
and content as required by law.
SECTION 4. It is desirable that said General 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 General Municipal Election and that the election be held in all
respects as if there were only one election.
SECTION 5. 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 6. That the City of La Quinta agrees to reimburse Riverside
County for services performed when work is completed upon presentation of a bill.
SECTION 7. 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 8. 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 9. 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.
Resolution No. 2002-111
Special Tax / Fire & Paramedics
Adopted: July 16, 2002
Page 3
PASSED, APPROVED and ADOPTED by the La Quinta City Council at a
regular meeting, held this 16th day of July, 2002 by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
City of'l_a Ouinta, California
ATTEST:
JUN~--~-~REEK, CMC, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
City of la Quinta, California
EXHIBIT A
INITIATIVE ORDINANCE NO. 2002-1
AN INITIATIVE ORDINANCE OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 3.19 OF THE CITY OF
LA QUINTA MUNICIPAL CODE TO AUTHORIZE THE LEVY
OF A SPECIAL TAX FOR FIRE PROTECTION AND
PARAMEDIC SERVICES
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 Ca!ifornia
Government Code Section 53970, et seq. -
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 legal parcel of improved or unimproved real property within
the current or future boundaries of the City of La Quinta, 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.).
Resolution No. 2002-111
Special Tax / Fire & Paramedics
Adopted: July 16, 2002
Page 2
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, maintaining and enhancing
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 1,2005, 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 3.19.030.
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 2003-2004, 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 Land $10.00 per acre per year
Golf Course Parcels $15.00 per acre per year
Resolution No. 2002-111
Special Tax / Fire & Paramedics
Adopted: July 16, 2002
Page 3
(c) For the fiscal year 2004-2005, 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%). For each succeeding fiscal year, 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 3.19.040(b).
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 pro~/isions 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.
Reaolution No. 2002-111
Special Tax / Fire & Paramedics
Adopted: July 16, 2002
Page 3
(c) For the fiscal year 2004-2005, 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%). For each succeeding fiscal year, 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).
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.
Resolution No. 2002-111
Special Tax / Fire & Paramedics
Adopted: July 16, 2002
Page 4
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 3.19.040 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.
(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 designated 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 3.19.030 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 succeeding years for the
purposes stated in this ordinance; or (ii) used for lowering the next year's tax levy by
the amount unexpended.
Resolution No. 2002-111
'-"- Special Tax / Fire & Paramedics
Adopted: July 16, 2002
Page 5
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 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.
Section 3.19.110. 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 November 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 3.19.080(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.