HomeMy WebLinkAboutRES-95-5762 (ELECTION 11-7-95/SUBMISSION OF 3 MEASURES)1
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RESOLUTION NO. 95-5762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH,
CALIFORNIA ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF
THE CITY OF THREE CERTAIN MEASURES RELATING TO CROSSING GUARD
TAX AND CIVIL SERVICE CODE PROVISIONS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995, AS CALLED BY
RESOLUTION NO. 95-5752
WHEREAS, a General Municipal election on Tuesday, November 7, 1995 has been
called by Resolution No. 95-5752, adopted on June 27, 1995, and
WHEREAS, the City Council also desires to submit to the voters at the election three
additional questions: one relating to crossing guard tax and two related to civil service code
provisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That the City Council, pursuant to its right and authority, does order
submitted to the voters at the General Municipal Election the following questions:
CROSSING GUARD SERVICES SPECIAL TAX
REPEALING OBSOLETE AND UNENFORCEABLE
YES
NO
Shall the special tax proposed in Ordinance No. 95-1135-U of
the City of Hermosa Beach against parcels within the City to
finance crossing guard services, commencing in fiscal year
Shall the Ordinance repealing provisions of the Hermosa
1996-97, be levied?
AMENDMENT TO THE MUNICIPAL CODE
REPEALING OBSOLETE AND UNENFORCEABLE
YES
PROVISIONS
NO
Shall the Ordinance repealing provisions of the Hermosa
Beach Municipal Code which require City employees to be
United States citizens and which require the automatic
termination of any Civil Service Board member who files to
run for an elective office of the City be adopted?
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AMENDMENT TO THE MUNICIPAL CODE
EXEMPTING DEPARTMENT HEADS FROM THE
YES
CIVEL SERVICE SYSTEM
NO
Shall the Ordinance removing City department heads from the
City's civil service system be adopted?
SECTION 2. That the proposed measures to be submitted to the voters are attached as
Exhibits A, B and C.
SECTION 3. 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 4. 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.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPRO
P:
ATTEST:
City Clerk
of the City
APPROVED AS TO FORM:
Q.11(A\\-V�\\'
i ttorney
ON 'l�E 25TH DAY OF JULY, 1995.
and MAYOR of the City of Hermosa Beach
EXHIBIT "A"
1 ORDINANCE NO. 95-1135-U
2 J
AN ORDINANCE OF THE CITY OF HERINIOSA BEACH, CALIFORNIA,
3 LEVYING A CROSSING GUARD SERVICES SPECIAL TAX
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5 THE CITY COUNCIL OF THE CITY OF HER1N1OSA BEACH,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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7 SECTION 1. Pursuant to the authority of Article XI, Section 7 of the California
8 Constitution and Government Code Section 53978, there is hereby levied and assessed a special tax
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by the City of Hermosa Beach on each parcel of property in the City of Hermosa Beach for each
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11 fiscal year, commencing with fiscal year 1996-97.
12 SECTION 2. Subject to adjustments made pursuant to Section 8 below, the
13 maximum amount of said special tax for each fiscal year shall be $9 per residential dwelling unit for
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a residential parcel, $81 per non-residential parcel with a lot area of more than one acre, and $9 per
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16 each 1/8 acre of lot area, or portion thereof, for each non-residential parcel with a lot area of one
17 acre or less.
1s SECTION 3. (a) "Fiscal year" as used in this ordinance means the period
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starting on July I and ending the following June 30.
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21 (b) "Lot area" as used in this ordinance means the total area of a parcel, based
22 upon the records of the Los Angeles county Assessor as of March 1 of the preceding fiscal year.
23 (c) "Non-residential parcel" as used in this ordinance shall mean a parcel, which,
24 according to the records of the Los Angeles County Assessor as of March I of the preceding fiscal
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26 year, is not designated for residential use.
27 (d) "Parcel" as used in this ordinance shall mean any Los Angeles County
28 Assessor's Parcel that is within the boundaries of the City based on the Los Angeles County
equalized tax roll.
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(e) "Residential dwelling unit" as used in this ordinance shall mean any single
family residence, multiple family or mobile home residential unit. .
(t) "Residential parcel" as used in this ordinance shall mean a parcel, which,
according to the records of the Los Angeles County Assessor as of March 1 of the preceding fiscal
year, is designated for residential use.
SECTION 4. The special tax imposed by this ordinance shall be collected in the
.same manner, on the same dates, and shall be subject to the same penalties and interest as other
charges and taxes fixed and collected by the County of Los Angeles on behalf of the City of
Hermosa Beach.
Said special tax, together with all penalties and interest thereon, shall constitute a
lien upon the parcel upon which it is levied until it has been paid, and said special tax, together with
aU penalties and interest thereon, shall, until paid, constitute a personal obligation to the City of
Hermosa Beach by the persons who own the parcel on the date the taxis due.
SECTION 5. The revenue raised by the special tax imposed by this ordinance shall
be placed in a special fund to be used only for the purposes of obtaining, providing, operating and
maintaining crossing guard services, including equipment acquisition and special services and
programs, for the City of Hermosa Beach and administrative expenses incurred by the city in I
connection therewith.
SECTION 6. The City Council, by three (3) affirmative votes, is empowered to
establish the amounts of the special tax levy annually each fiscal year, in amounts not to exceed the
maximum amounts specified in Section 2 of this ordinance, as is required to provide an adequate
level of crossing guard services in the City in accordance with the purposes set forth in this
ordinance.
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SECTION 7. The City Council shall be empowered to amend this ordinance by
three (3) affirmative votes of the members thereof for the purposes of carrying out the general
purposes of this ordinance in order to conform to state law that permits the County Tax Collector,
or other proper official, to collect a special tax such as is levied by this ordinance in conjunction
with County taxes or in order to assign duties pursuant to the ordinance to other officers.
SECTION 8. The maximum amounts set forth in Section 2 above shall be
automatically increased but not decreased, each fiscal year, in accordance with increases in the
. Y Y.
Consumer Price Index for All Urban Consumers for the Los Angeles -Anaheim -Riverside
metropolitan area, or the most closely related successor thereto (the "Index"), by multiplying the
maximum amounts set forth in Section 2 above by a fraction, the numerator of which is the Index
for the month of March for each fiscal year preceding the fiscal year in question, and the
denominator of which is the Index for the month of March, 1996.
SECTION 9. No section of this ordinance shall be construed to permit, and the
City Council is expressly prohibited from, increasing the amounts of the special tax imposed by this
ordinance beyond the maximum amounts set forth in this ordinance.
SECTION 10. The special tax imposed by this ordinance shall not be imposed
upon a federal or state governmental agency or another local governmental agency or upon any
parcel of property that is exempt from the special tax imposed by this ordinance pursuant to any
provision of the Constitution or any paramount law.
SECTION 11. Unexpended revenues raised by any special tax imposed by this
ordinance may only be used in the succeeding year for the purposes stated in this ordinance by
lowering the next year's tax by the amount unexpended or returned to the taxpayers on the same
pro rata basis as originally levied.
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SECTION 12. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, I
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 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.
SECTION 13. This ordinance, or any provisions thereof other than those
provisions, if any, which provide for modification by the City Council of the City of Hermosa
Beach, may only be amended or repealed by approval of two-thirds (2/3) of the voters voting on
the ordinance or provisions thereof at any initiative or referendum election.
SECTION 14. This ordinance shall be referred to, and shall be effective only if
approved by two-thirds (2/3) of, the voters voting at an election to be held on November 7, 19959
and shall go into effect ten (10) days after the City Council has, by resolution, declared that this
ordinance was approved by two-thirds (2/3) of the voters voting thereon.
SECTION 15. The City provides crossing guard services within its boundaries.
crossing guard services must be continued without interruption in order to protect the public I
health, safety and welfare of the residents therein and the general public. Unless a special tax is I
imposed to finance such services, the City will lack sufficient funds to continue such services. I
Imposition of a special tax requires two-thirds voter approval. Therefore, it is necessary to
determine, at the earliest date possible, whether a special tax shall be levied upon parcels within the
City to finance such services. In order to assure its placement in the sample ballot pamphlet for the
next county -administered election on November 7, 1995, and to avoid the substantial expense and
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voter confusion associated with the City preparing and mailing its own sample ballot pamphlet for
this measure, the City must submit the ordinance to the County of Los Angeles prior to the date of
the next City Council meeting. Because of this deadline, there is insufficient time for the City
Council to have two readings of the ordinance prior to its adoption and submission to the county.
It is therefore urgent that this ordinance be adopted immediately to prevent an interruption in
crossing guard services provided by the City. An interruption in such service is of great public
concern in that improper traffic control may endanger the health, welfare and safety of
schoolchildren, motorists, and residents of the City. This ordinance is necessary for the immediate
preservation of the public health, safety and welfare, declares the facts constituting the urgency,
and is passed by at least a four-fifths vote of the City council. Accordingly, this measure is adopted
immediately upon introduction pursuant to Government Code Section 36934.
ordinance.
SECTION 16. The City Clerk shall certify to the passage and adoption of this
PASSO, 4PykOV0-,AND AD16PTED THIS 25TH DAY OF JULY, 1995.
ATTEST: V
City Clerk
of the City"'Uuncil and MAYOR of the City of Hermosa Beach, California
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I. Naoma Valdes, Deputy City Clerk of the City Council of the
City of Hermosa Beach, California, do hereby certify that the foregoing
Ordinance No. 95-1135 was duly and regularly passed, approved and adopted
by the City Council of the City of Hermosa Beach at a Regular Meeting of
said Council at the regular place thereof on July 25, 1995.
The vote was as follows:
AYES:
Edgerton, Oakes, Reviczky, Mayor Bowler
NOES:
Benz
ABSTAIN:
None
ABSENT:
Oakes
DATED: July 27, 1995
Deputy City Clerk
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EXHIBIT "B"
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
REPEALING UNCONSTITUTIONAL PORTIONS OF SECTIONS 2-25 AND 2-29 OF
THE HERMOSA BEACH MUNICIPAL CODE
WHEREAS, Article III of Chapter 2 of the Hermosa Beach Municipal Code, which
pertains to the city's civil service system, derives from Ordinance No. 211 N.S., which was
approved by the voters of the city at an election held on June 7, 1960, and may be changed only
by a vote of the people, and
WHEREAS, due to the unconstitutionality and consequently_ the unenforceability of two
provisions of Article III, it is desirable to delete from Section 2-25 the requirement that only
United States citizens may be employed by the city and to delete from Section 2-29 the required
automatic termination of any civil service board member who files to run for an elective office of
the city.
THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DO
ORDAIN AS FOLLOWS:
SECTION 1. The first full paragraph of Section 2725 of the Hermosa Beach
Municipal Code is amended to read:
"No person shall be eligible for any position in the competitive service unless, at the time
established as the final date on which applications will be accepted for the position, the person
possesses the minimum qualifications required for the position."
SECTION 2. Section 2-29 of the Hermosa Beach Municipal Code is amended by
deleting the last sentence of that Section which reads:
"Membership on the civil service board shall automatically terminate upon filing notice of
candidacy for an elective office of this city."
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EXHIBIT "C"
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, AMENDING
SECTION 2-24 OF THE HERMOSA BEACH MUNICIPAL CODE TO EXEMPT
DEPARTMENT HEADS FROM THE CIVIL SERVICE SYSTEM
WHEREAS, Article III of Chapter 2 of the Hermosa Beach Municipal Code, which
pertains to the city's civil service system, derives from Ordinance No. 211 N.S., which was
approved by the voters of the city at an election held on June 7, 1960, and may be changed only
by a vote of the people, and
WHEREAS, it is desirable to add department heads to the list of exemptions from the
civil service system.
THE PEOPLE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DO
ORDAIN AS FOLLOWS:
SECTION 1. Section 2-24 of the Hermosa Beach Municipal Code is amended by
adding thereto a new paragraph 0) to read:
"o) Department heads."
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ]HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California,
do hereby certify that the foregoing Resolution No. 95-5762 was duly and
regularly passed, approved and adopted by the City Council of the City of
Hermosa Beach at a Regular Meeting of said Council at the regular place thereof
on July 25, 1995.
The vote was as follows:
AYES:
Benz, Edgerton, Reviczky, Mayor Bowler
NOES:
None
ABSTAIN:
None
ABSENT:
Oakes
Dated: July 27, 1995
Elaine Do' effling, City4tlerk