Ordinance No. 10571
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ORDINANCE NO. 1057
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON ADDING ARTICLE III TO CHAPTER 5 OF THE
CODE OF THE CITY OF VERNON, CALIFORNIA, 1959,
AND RENUMBERING AND RECODIFYING SECTIONS 15.36
THROUGH 15.38 AS SECTIONS 5.35 THROUGH 5.39 OF
SAID ARTICLE III; ADDING SECTION 5.40 TO SAID
ARTICLE III RELATIVE TO ANNUAL ADJUSTMENT OF TAX
RATES; ADDING ARTICLE IV TO SAID CHAPTER 5 TO
ESTABLISH A SPECIAL TAX ON PARCELS OF REAL
PROPERTY USED OR DESIGNED FOR USE AS A
WAREHOUSE, TRUCK TERMINAL, FREIGHT TERMINAL OR
OTHER DISTRIBUTION FACILITY; MAKING PROVISIONS
FOR THE ASSESSMENT, LEVY AND COLLECTION OF SAID
TAX; ESTABLISHING A DATE FOR AN ELECTION TO BE
HELD TO APPROVE THE LEVY OF SAID SPECIAL TAXES;
AND DECLARING THAT SAID ORDINANCE SHALL TAKE
EFFECT IMMEDIATELY
WHEREAS, Chapter 15 of the Code of the City of Vernon,
California, 1959, establishes license taxes and fees on various
enterprises doing business in the City of Vernon; and
WHEREAS, Sections 15.36 through 15.38 of said Code,
approved by the voters of the City of Vernon at an election held
December 10, 1996, established special taxes for certain
activities related to the treatment and disposal of hazardous
materials and hazardous waste; and
WHEREAS, the City Council desires to establish business
license taxes to replace the license taxes and license'fees for
other businesses subject to Chapter 15 of said Code, and make all
business license tax and special tax provisions part of a new
Chapter 5 of said Code; and
WHEREAS, it is the desire and intent of the Council that
present sections 15.36 through 15.38 of said Code be renumbered
and recodified as sections 5.35 through 5.39 in article III of
Chapter 5 of said Code without substantive change; and
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WHEREAS, Article XIIIC of the California Constitution,
enacted by the passage of Proposition 218 by the voters of the
State at the statewide election -held in November, 1996, authorizes
a local governmental agency to impose, extend or increase a
special tax on real property upon approval by a two-thirds vote of
the electorate voting on the issue at an election; and
WHEREAS, the City Council desires to impose an annual
special tax on every parcel of real property improved with or used
as a warehouse, truck terminal, freight terminal or other
distribution facility; and
WHEREAS, the special parcel tax to be imposed is a flat -
rate tax based upon the square footage of each parcel of real
property so used or improved, and is not to be levied or assessed
on an ad valorem basis; and
WHEREAS, a substantial and increasing percentage of land
area in the City of Vernon is occupied by warehouses, truck
terminals, freight terminals and other distribution facilities,
all of which attract businesses that create a need for right-of-
way improvements and/or cause wear and tear on public streets that
is proportionately high compared to manufacturers and other
businesses in the City, but businesses occupying warehouses, truck
terminals, freight terminals and other distribution facilities
typically generate significantly less local tax and other revenue
that might be used to address such needs and impacts -than do
manufacturers and other businesses; and
WHEREAS, the special parcel tax imposed by this ordinance
is a way of equitably distributing the burden of generating local
revenue for construction, improvement and maintenance of streets,
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bridges and other public rights -of -way among all businesses in the
II City; and
WHEREAS, it is the intent of the City Council that the
proceeds of the special parcel tax established by this ordinance
be for the specific purposes of funding construction, improvements
and maintenance of streets, bridges and other public rights -of -
way, including acquisition of land; and
WHEREAS, it is further the intent of the City Council
that the special taxes imposed by this ordinance be for the
purpose of raising revenue, not for the purpose of regulation; and
WHEREAS, Article XIIIC provides that the voters may
establish a maximum tax rate for special taxes, and that increases
in taxes which do not exceed said maximum tax rate do not require
voter approval; and
WHEREAS, Government Code § 53739(b), as amended by
urgency legislation effective July 1, 1997, provides that an
ordinance or resolution presented for voter approval pursuant to
Article XIIIC may provide that the tax rate stated in the
ordinance or resolution may be adjusted for inflation pursuant to
a clearly identified formula stated in that ordinance or
resolution, and that if the ordinance or resolution is'approved by
the requisite number of votes at an election held for that
purpose, the governing board of the adopting local government may
thereafter impose the tax at any rate or amount that is less than
or equal to the inflation -adjusted maximum amount authorized by
the voter -approved ordinance or resolution; and
WHEREAS, it is the desire and intent of the City Council
that this ordinance, if approved by the voters, establish maximum
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rates for all of the special taxes that are the subject of this
ordinance, that the maximum tax rates be adjusted annually based
upon increases in the Consumer Price Index for All Urban Consumers
(CPI-U), All Items Index, Los Angeles -Anaheim -Riverside Area, as
published by the Bureau of Labor Statistics of the United States
Department of Labor, 1982-84 base year; and
WHEREAS, Section 4.3 of the Charter of the City of Vernon
allows an ordinance to be introduced and adopted at one meeting if
it relates to an election; and
WHEREAS, a general municipal election in the City of
Vernon will be held on April 14, 1998; and
WHEREAS, the City Council desires to submit the taxes
established in this ordinance to the voters of the City for
approval pursuant to Article XIIIC of the California Constitution
and Government Code S§ 50076, et seQ. and 53972, et sea. at the
April 14, 1998, general municipal election.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the City of Vernon hereby
adds Article III to Chapter 5 of the Code of the City of Vernon,
California, 1959, consisting of sections 5.35 through 5.40, to
read as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference as though set forth at length.
SECTION 3: The City Council of the City of Vernon hereby
adds Article IV to Chapter 5 of the Code of the City of Vernon,
California, 1959, commencing with Section 5.45, to read as set
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forth in Exhibit "B" attached hereto and incorporated herein by
this reference as though set forth at length.
SECTION 4: The City Council orders that the special
taxes and related provisions established herein be put to a vote
of the people at an election to be held on April 14, 1998, said
election to be more formally established or increased by
resolution of the City Council. Voters shall indicate their
approval or disapproval of this ordinance and the taxes and
related provisions established by this ordinance by voting "yes"
or "no" on the following proposition:
MEASURE B
Shall an ordinance entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF VERNON ADDING ARTICLE III TO
CHAPTER 5 OF THE CODE OF THE CITY OF VERNON,
CALIFORNIA, 1959, AND RENUMBERING AND RECODIFYING
SECTIONS 15.36 THROUGH 15.38 AS SECTIONS 5.35 THROUGH
5.39 OF SAID ARTICLE III; ADDING SECTION 5.40 TO SAID
ARTICLE III RELATIVE TO ANNUAL ADJUSTMENT OF TAX
RATES; ADDING ARTICLE IV TO SAID CHAPTER 5 TO
ESTABLISH A SPECIAL TAX ON PARCELS OF REAL PROPERTY
USED OR DESIGNED FOR USE AS A WAREHOUSE, TRUCK
TERMINAL, FREIGHT TERMINAL OR OTHER DISTRIBUTION
FACILITY; MAKING PROVISIONS FOR THE ASSESSMENT, LEVY
AND COLLECTION OF SAID TAX; ESTABLISHING A DATE FOR AN
ELECTION TO BE HELD TO APPROVE THE LEVY OF SAID
SPECIAL TAXES; AND DECLARING THAT SAID ORDINANCE 'SHALL
TAKE EFFECT IMMEDIATELY" be approved?
YES
NO
Said proposition shall be designated "Measure `B "11 on the ballot
unless given a different designation by county election officials.
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SECTION 5: The special taxes established by this
ordinance shall not be levied on any business or parcel unless and
until said taxes receive the approval of two-thirds of the votes
cast by voters of the City voting on this issue at the April 14,
1998 election.
SECTION 6: The City Council of the City of Vernon may,
by ordinance, amend, repeal, renumber or recodify any or all of
the provisions of Articles III or IV of Chapter 5 of the Code of
the City of Vernon enacted by this ordinance, except that no
ordinance imposing, extending or increasing the taxes established
by this ordinance shall be effective unless approved by the voters
if required pursuant to the law applicable at the time of such
action.
SECTION 7: The renumbering of any article or section of
the Code of the City of Vernon shall not constitute a change in
its intent or purpose, and it shall have the same effect and
enforceability as if it had never been renumbered. Any Code
section numbers not used shall be reserved for future use.
SECTION 8: If any section, subsection, sentence, clause,
phrase or word of this ordinance is for any reason held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this ordinance; it being the
intention of the City Council of the City of Vernon to pass and
adopt this ordinance and each section, subsection, sentence,
clause or phrase thereof irrespective of the fact that one or more
of the sections, subsections, clauses, sentences or phrases
thereof may be declared to be invalid or unconstitutional.
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SECTION 9: There being no newspaper printed, published
or circulated in the City of Vernon, the City Clerk is hereby
directed to certify to the passage of this ordinance and shall
post the same, or cause the same to be posted, within fifteen (15)
days after its passage in accordance with Section 36933 of the
Government Code, in three (3) of the most public places in the
City of Vernon, to wit: the northwest corner of 38th Street and
Santa Fe Avenue, the northeast corner of Leonis Boulevard and
Pacific Boulevard, and on the bulletin board in the lobby of the
City Hall of said City, located at 4305 Santa Fe Avenue, all in
the City of Vernon, County of Los Angeles, State of California.
SECTION 10: Pursuant to Chapter 4.3(a) of the Charter of
the City of Vernon, this ordinance shall be introduced and adopted
at one regular or special meeting of the City Council and shall be
in full force and effect immediately upon adoption.
INTRODUCED AND ADOPTED this 6th day of January, 1998.
LEONIS C. MALB G, May r
ATTEST •
BRUCE V. MALKENHORST, City Clerk
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2811
STATE OF CALIFORNIA )
)ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Ordinance, being
Ordinance No. 1057, was duly and regularly introduced and adopted
at a regular meeting of said City Council held on Tuesday,
January 6, 1998, and thereafter was duly signed by the Mayor of
the City of Vernon, by the following vote:
(SEAL)
AYES: Councilmen: Malburg, Ybarra, Davis
Gonzales, McCormick
NOES: Councilmen: None
ABSENT: Councilmen: None
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT A
CHAPTER 5
BUSINESS LICENSE TAXES AND OTHER CITY TAXES
Article III. Special Taxes
Sec. 5.35. Hazardous waste treatment, storage or disposal
facilities.
(a) For every person engaged in or carrying on the business of
treatment, storage or disposal of hazardous waste, a business
license tax is established for special city purposes. The business
license tax shall be calculated based upon four percent of the
facility's annual gross receipts derived from the treatment,
storage or disposal of inorganic hazardous waste at the facility,
and one percent of the facility's annual gross receipts derived
from the treatment, storage or disposal of organic hazardous waste
and infectious waste, with a minimum of five thousand dollars total
per calendar year. A first time applicant for a business license
required by this section shall pay the five thousand dollars
minimum tax upon issuance of the business license. The total
business license tax for the calendar year shall thereafter be
calculated in accordance with section 5.35 paragraphs (b), (b), (d)
and (e). After the first year, the applicants' business license
shall be equivalent to the total amount paid for the prior year,
and the final tax for the year shall be calculated in accordance
with section 5.35 paragraphs (b), (c), (d) and (e).
(b) At the end of the calendar year, the applicant shall
furnish to the city clerk a written statement showing the following
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information: (1) the facility's annual gross receipts for the
treatment, storage or disposal of organic and inorganic hazardous
waste and infectious waste at the facility; (2) the total number of
employees who worked at the facility during the previous calendar
year; and (3) the total number of employees who are expected to
work at the facility during the forthcoming year. The written
statement shall be signed by an officer, director or managing agent
of the applicant and shall contain the following certification:
"I declare, under penalty of filing a false
certificate or return, that this statement is made by me,
that I am authorized to make such statement on behalf of
applicant, and that the number of employees who have
worked and will work at the facility and annual gross
receipts received for the treatment, storage or -disposal
of organic and inorganic hazardous waste and infectious
waste at the facility are true and correct to the best of
my knowledge and belief."
(c) In the event the amount of tax calculated at the end of
the calendar year is greater than the amount the applicant paid
upon issuance of that year's business license, the applicant shall
pay forthwith to the city said calculated sum, less the'amount
previously paid.
(d) In the event the amount of tax calculated at the end of
the calendar year is less than the amount the applicant paid upon
issuance of the license, the applicant shall be granted a credit
against the next year's business license tax, in the amount by
which the sum actually paid exceeds the calculated amount.
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(e) Definitions. As used in this section 5.35, the following
terms have the meanings or limitations indicated:
(1) Disposal shall mean either of the following:
(i) The discharge, deposit, injection, dumping,
spilling, leaking, or placing of any waste so that the waste or any
constituent of the waste is or may be emitted into the air or
discharged into or on any land or waters, including groundwaters,
or may otherwise enter the environment.
The
abandonment
of any waste.
The
transport of
any waste for any of the above
purposes.
(2) Hazardous waste shall mean a waste, or combination of
wastes, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may either:
(i) Cause, or significantly contribute to an
increase in mortality or an increase in serious irreversible, or
incapacitating reversible, illness.
(ii) Pose a substantial present or potential hazard
to human health or environment when improperly treated, stored,
transported, or disposed of, or otherwise managed.
The term "hazardous waste" shall be understood to also mean
those sludges and miscellaneous wastes listed by the Department of
Health Services of the State of California pursuant to Health and
Safety Code Section 25140 as such list may be amended from time to
time and as currently shown on the Uniform Hazardous Waste Manifest
(Rev. 9-88) as waste categories 411 through 491 and 511 through
613, respectively.
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(3) Hazardous waste facility or facility shall mean all
contiguous land and structures, other appurtenances, and
improvements on the land used for the treatment, transfer, storage,
resource recovery, or disposal of hazardous waste. A hazardous
waste facility may consist of one or more treatment, transfer,
storage, resource recovery, or disposal hazardous waste management
units, or combinations of these units.
(4) Infectious waste shall mean all of the following:
(i) Laboratory wastes, including cultures and
etiologic agents, which pose a substantial threat to health due to
their volume and virulence.
(ii) Pathologic specimens, including human or animal
tissues, blood elements, excreta, and secretions which contain
etiologic agents, and attendant disposable fomites.
(iii) surgical specimens, including human or animal
parts and tissues removed surgically or at autopsy, which, in the
opinion of the attending physician or veterinarian, contain
etiologic agents and attendant disposable fomites.
(iv) Equipment, instruments, utensils, or any other
disposable material which is likely to transmit etiologic agents.
(v) Human dialysis waste materials including
arterial lines and dialyzate membranes.
(vi) Carcasses of animals infected with etiologic
agents which may present a substantial hazard to public health if
improperly managed.
(vii) Any other material which presents a significant
danger of infection because it is contaminated with, or may
reasonably be expected to be contaminated with, etiologic agents.
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(5) Inorganic waste shall mean those waste categories
listed by the Department of Health Services of the State of
California pursuant to Health and Safety Code Section 25140 as such
list may be amended from time to time and as currently shown on the
Uniform Hazardous Waste Manifest (Rev. 9-88) as waste category
numbers 121 through 181.
(6) Organic waste shall mean those waste categories listed
by the Department of Health Services of the State of California
pursuant to Health and Safety Code Section 25140 as such list may
be amended from time to time and as currently shown on the Uniform
Hazardous Waste Manifest (Rev. 9-88) as waste category numbers 211
through 351.
(7) Storage shall mean the holding of any used, reused or
reclaimed hazardous wastes for a temporary period.
(8) Treatment shall mean any method, technique, or process
which changes or is designed to change the physical, chemical, or
biological character or composition of any used, reused or
reclaimed hazardous waste or any material contained therein, or
removes or reduces its harmful properties or characteristics for
any purpose.
See. 5.36. Hazardous waste treatment, storage or disposal b)i or on
behalf of related corporate entities.
(a) For every person or entity engaged in or carrying on the
business of treatment, storage or disposal of hazardous waste for
or on behalf of a related corporate entity, including, without
limitation, a parent company, division or subsidiary, a business
license tax is established for special city purposes. The business
license tax shall be calculated based upon thirty cents per gallon
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of hazardous waste treated at the facility, with a minimum of five
thousand dollars total per calendar year; provided, however, that
if the. person or entity has paid the minimum five thousand dollar
tax in connection with obtaining a business license pursuant to
section 5.35 of this Code, the minimum tax will not be required.
Gross receipts, if any, received from the treatment of hazardous
wastes from a related corporate entity need not be included as
"gross -receipts" for the purpose of calculating any business
license tax due pursuant to section 5.35. A first time applicant
for a business license required by this section shall pay the
minimum five thousand dollars minimum tax upon issuance of the
business license, except as heretofore noted. The total business
license tax for the calendar year shall thereafter be calculated in
accordance with sections 5.361b), (c), (d) and (e). After the
first year, the applicant's business license tax payable upon
issuance of a business license shall be equivalent to the total
amount paid for the prior year, and final tax for the year shall be
calculated in accordance with sections 5.36(b), (c), (d) and (e).
(b) At the end of the calendar year, the applicant shall
furnish to the City Clerk a written statement showing the following
information: (1) the total gallonage of hazardous waste treated,
stored or disposed of for, or on behalf of, related corporate
entities. The written statement shall be signed by an officer,
director or managing agent of the applicant and shall contain the
following certification:
"I declare under penalty of filing a false certificate
or return, that this statement is made by me, that I am
authorized to make such statement on behalf of applicant,
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and that the total gallonage received for the treatment,
storage or disposal of hazardous waste at the facility is
true and correct to the best of my knowledge and belief."
(c) In the event the amount of tax calculated at the end of
the year is greater than the amount the applicant paid upon
issuance of that year's business license, the applicant shall pay
forthwith to the City said calculated sum, less the amount
previously paid.
(d) In the event the amount of tax calculated at the end of
the year is less than the amount the applicant paid upon issuance
of the license, the applicant shall be granted a credit against the
next year's business license tax, in the amount by which the sum
actually paid exceeds the calculated amount.
(e) Definitions. The terms defined in section 5.35(e) along
with the definitions thereof, are incorporated herein by this
reference and shall be applicable for all purposes to this section
5.36.
Sec. 5.37. Waste to energy facilities.
(a) For every person engaged in or carrying on the business
of converting waste to energy, a business license tax is
established for special city purposes. The business license tax
shall be calculated based upon eighty-five cents per ton per
calendar year of incoming material to the facility.
(b) The business license tax shall be payable in advance each
year prior to the issuance of a business license, except as
otherwise provided. The license tax shall be calculated based on
the applicant's written estimate of tonnage of incoming material to
be processed during the ensuing calendar year. The estimate shall
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be filed with the city clerk along with the application for
business license or renewal. The estimate must be signed by an
officer, director or managing agent of the applicant. At the end
of the calendar year the applicant shall furnish to the city clerk
a written statement showing the following information:
(1) Actual tonnage of incoming material processed for the
calendar year;
(2) The total number of employees who worked at the
facility during the previous calendar year; and
(3) The total number of employees who are expected to
work at the facility during the forthcoming year.
The written statement shall be signed by an officer, director
or managing agent of the applicant and shall contain the following
certification:
"I declare under penalty of filing a false certificate
or return, that this statement is made by me, that I am
authorized to make such statement on behalf of applicant,
and that the number of employees who have worked and will
work at the facility and the annual tonnage figures of
incoming material are true and correct to the best of my
knowledge and belief."
(c) In the event the actual annual tonnage exceeds the
estimated tonnage for the calendar year, the applicant shall pay to
the city a sum calculated by multiplying eighty-five cents times
the number of tons by which actual annual tonnage exceeded
estimated tonnage. In the event actual annual tonnage is less than
the estimated tonnage for the calendar year, the applicant shall be
granted a credit against the next year's business license tax in an
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amount calculated by multiplying eighty-f ive cents times the number
of tons by which such estimated tonnage exceeded actual annual
tonnage.
(d) Definitions. As used in this section 5.37 the following
terms have the meanings or limitations indicated:
(1) Waste -to -energy facility shall mean a facility
designed and operated for the purpose of converting refuse to
usable energy. The facility may receive, sort, reduce and burn
household and other nonhazardous waste materials. Equipment
typically associated with such a facility includes weighing scales,
storage pits-, furnaces and boilers, scrubbers, turbine and/or other
generating equipment, and vehicles required to service the
facility.
Sec. 5.38. Solid waste materials processing and recycling
facilities.
(a) For every person engaged in or carrying on the business of
solid waste materials processing, storing and recycling, as defined
herein, a business license tax is established for special city
purposes. The business license tax shall be calculated based upon
eighty-five cents per ton per calendar year of incoming material.
(b) The license tax shall be payable in advance each year
prior to the issuance of a business license, except as otherwise
provided. The license tax shall be calculated based on the
applicant's written estimate of tonnage of incoming material to be
processed during the ensuing calendar year. This written estimate
shall be filed with the city clerk along with the application for
business license or renewal. The estimate must be signed by an
officer, director or managing agent of the applicant. At the end
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of the calendar year the applicant shall furnish to the city clerk
a written statement showing the actual tonnage of incoming material
processed for the calendar year. This written statement shall be
signed by an officer, director or managing agent of the applicant
and shall contain the following certification:
"I declare under penalty of filing a false
certificate or return, that this statement is made by me,
that I am authorized to make such statement on behalf of
applicant, and that the annual tonnage figures of
incoming material are true and correct to the best of my
knowledge and belief."
(c) In the event the actual annual tonnage exceeds the
estimated tonnage for the calendar year, the applicant shall pay to
the city a sum calculated by multiplying eighty-five cents times
the number of tons by which actual annual tonnage exceeded
estimated tonnage. In the event actual annual tonnage is less than
the estimated tonnage for the calendar year, the applicant shall be
granted a credit against the next year's business license tax in an
amount calculated by multiplying eighty-five cents times the number
of tons by which such estimated tonnage exceeded actual annual
tonnage.
(d) Definitions. As used in this section 15.38, the following
terms have the meanings or limitations indicated:
(1) Processing shall mean the reduction, separation,
recovery, conversion or recycling of solid waste.
(2) Recycle or recycling shall mean the collection,
treating, cleansing, separating, shredding, storing or transferring
of a solid waste in a manner that results in retaining
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substantially the same physical properties of the original
materials. Recycle or recycling as used herein shall not include
solid waste or used materials that are incorporated in a
manufactured product through an industrial process so that they may
be reused or sold as new, reused or reconstituted products which
meet the quality standards necessary to be used in the market
place.
(3) Storing shall mean the holding of solid wastes for a
temporary period.
(4) Solid waste shall include scrap materials but does
not include hazardous waste.
(5) Scrap material shall mean secondhand materials,
including metals of any kind, rags, papers, bottles, wooden
pallets, other comparable materials and junk vehicles or junk
equipment.
Sec. 5.39. Lead -acid battery recycling facilities.
(a) For every person or entity engaged in or carrying on the
business of recycling of lead -acid batteries, a business license
tax is established for special city purposes. The business license
tax shall be calculated based upon thirty cents per ton based on
the gross weight of incoming material to the facility. '
(b) The license tax shall be payable in advance each year
prior to the issuance of a business license, except as otherwise
provided. The license tax shall be calculated based on the
applicant's written estimate of tonnage of incoming material to be
processed during the ensuing calendar year. This written estimate
shall be filed with the city clerk along with the application for
business license or renewal. The estimate must be signed by an
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officer, director or managing agent of the applicant. At the end
of the calendar year the applicant shall furnish to the city clerk
a written statement showing the actual tonnage of incoming material
processed for the calendar year. This written statement shall be
signed by an officer, director or managing agent of the applicant
and shall contain the following certification:
"I declare under penalty of filing a false
certificate or return, that this statement is made by me,
that I am authorized to make such statement on behalf of
applicant, and that the annual tonnage figures of
incoming material are true and correct to the best of my
knowledge and belief."
(c) In the event the actual annual tonnage exceeds the
estimated tonnage for the calendar year, the applicant shall pay to
the city a sum calculated by multiplying thirty cents times the
number of tons by which actual annual tonnage exceeded estimated
tonnage. In the event actual annual tonnage is less than the
estimated tonnage for the calendar year, the applicant shall be
granted a credit against the next year's business license tax in an
amount calculated by multiplying thirty cents times the number of
tons by which such estimated tonnage exceeded actual 'annual
tonnage.
(d) Definitions. As used in this section 5.39, the following
terms have the meanings or limitations indicated:
(1) Lead -acid battery shall mean a battery as defined in
the State of California Health and Safety Code Section 25215 as
such section may be amended from time to time.
12 of 15 - A
(2) Lead -acid battery recycling facilities shall mean
facilities which process, store, treat or recycle lead -acid
batteries in order to convert them as raw materials for recycled
products or in order to convert them and manufacture a product made
wholly or partly from recycled lead -acid batteries or components
thereof.
(3) Recycle or recycling shall mean the collection or
sorting of lead -acid batteries in order to redirect or utilize the
batteries or a substance from the batteries, and includes recovery
of resources from the batteries for the purpose of conversion to a
raw material and/or making a recycled product.
(4). Storage shall mean the holding of used or recycled
lead -acid batteries for a temporary period.
(5) Treat or treatment shall mean any method, technique
or process which changes or is designed to change the physical,
chemical or biological character or composition of any lead -acid
batteries or any material contained therein, or removes or reduces
its harmful properties or characteristics for any purpose.
(e) As an alternative to the procedure for calculating the
business license tax contained in Sections 5.39(a), (b) and (c),
above, the applicant may, for reasons of administrative
convenience, request that the city establish a flat annual business
license tax based upon the applicant's verified estimate of annual
tonnage for the calendar year, multiplied by the per -ton amount
contained in section 5.39(a). The city administrator may grant or
deny such request in his sole discretion. If the applicant
disagrees with any decision of the city administrator made
hereunder, an appeal may be taken to the city council.
13 of 15 - A
Sec. 5.40. Setting license tax rates by resolution; annual
adjustment of tax rates; penalties.
(a) Pursuant to section 2(b) of Article XIIIC of the
California Constitution, the tax rates established by this article
are maximum rates, and the city council may impose taxes at any
rate or amount that is equal to or less than the maximum rates or
amounts authorized by this article.
(b) The maximum rates established by this article shall be
revised annually each June based upon changes in the Consumer Price
Index for All Urban Consumers (CPI-U), All Items Index, Los
Angeles -Anaheim -Riverside Area (1982-84=100) (hereinafter "CPI")
published by the United States Department of Labor, Bureau of Labor
Statistics. In the event said CPI for the twelve-month period
ending March 31 of each year (the "adjustment date") is higher than
said CPI for the twelve-month period ending March 31, 1997, the
maximum tax rates set forth in this article shall be increased by
multiplying said tax rate by a fraction, the numerator of which is
the CPI on the adjustment date and the denominator of which is the
CPI for the twelve-month period ending March 31, 1997. The
resulting adjusted tax rates shall then be the maximum tax rates
for the tax year commencing the next January 1st. There shall be
no reduction in rates by operation of this provision. If, in the
future, said CPI shall be changed so that the base year differs
from that used as of the effective date of this article, it shall
be converted in accordance with the conversion factor published by
the United States Department of Labor, Bureau of Labor Statistics.
The city clerk shall submit a written report to the city council
setting forth the adjustments to the maximum tax rates required by
14 of 15 - A
this section, which the city council shall approve by resolution.
(c) Periodically, the city clerk shall submit to the city
council a recommendation for revising the tax rates imposed on
businesses subject to this article, provided, that the recommended
license tax rates shall not exceed the maximum tax rates authorized
by this chapter. A complete license tax and fee schedule shall be
adopted by resolution of the city council. Should the council, for
any reason, fail to adopt such a resolution, the maximum tax rates
as determined by this section shall be deemed to be the schedule of
taxes to be levied pursuant to this chapter.
(d) The penalties provided for in Section 5.11 of this Code
shall apply to the tax imposed by this article.
15 of 15 - A
EXHIBIT B
CHAPTER 5
BUSINESS LICENSE TAXES AND OTHER CITY TAXES
Article IV. Special Parcel Tax
Sec. 5.45. Special parcel tax on warehouses, truck terminals,
freight terminals and other distribution facilities.
(a) Pursuant to authority of Article XIIIC of the California
Constitution and Government Code § 50075, et sea., there is
hereby levied and assessed a special tax by the City of Vernon on
each parcel of property improved with a "warehouse," a "truck
terminal," a "freight terminal" or a "distribution facility," as
hereinafter defined. The special tax shall be levied and
assessed each year, commencing in the year 1998 and continuing
until modification or repeal in a manner provided by law.
(b) As used in this Section 5.45, the following terms have
the meanings or limitations indicated:
(1) Assessor's parcel map means an official map of the
assessor of the County of Los Angeles designating parcels by
assessor's parcel number.
(2) Freight terminal is a lot, building or part of a
building, as used or designed for use, in or on which goods or
freight are transferred or redistributed from one vehicle to
another.
(3) Maximum special tax means the maximum special tax,
determined with accordance with subsection (d) below, that can be
levied by the City of Vernon in any fiscal year on a parcel of
property improved with a warehouse, truck terminal, freight
terminal or other distribution facility.
1 of 6 - B EXHIBIT B
(4) Other distribution facility includes an intermodal
container transfer facility and storage areas related to such
facility.
(5) Parcel means a lot or parcel shown on the current
applicable assessor's parcel map with an assigned assessor's
parcel number.
(6) Truck terminal is a lot, building or part of a
building used or designed primarily for the storage, maintenance
or servicing of highway -type vehicles carrying persons or
property, including but not limited to trucks and buses.
(7) Warehouse is a building or,part of building used or
designed primarily for the storage of non-perishable goods or
non -refrigerated perishable goods intended for distribution to
other locations, but does not include an accessory warehouse
building that is an integral part of a manufacturing business
located in the City of Vernon used for storage of goods or
materials produced in that operation.
(c) The maximum special tax commencing in fiscal year 1998,
shall be $1.00 per 100 square feet of gross area of land.
(d) (1) Pursuant to section 2(b) of Article XIIIC of the
California Constitution, the tax rate established by this article
is a maximum rate, and the city council, by resolution or
ordinance, may levy a tax at any rate or amount that is equal to
or less than the maximum rate or amount authorized by this
article.
(2) The maximum rate established by this article shall
be revised annually based upon changes in the Consumer Price
Index for All Urban Consumers (CPI-U), All Items Index, Los
2 of 6 - B
Angeles -Anaheim -Riverside Area (1982-84=100) (hereinafter "CPI")
published by the United States Department of Labor, Bureau of
Labor Statistics. In the event said CPI for the twelve-month
period ending March 31 of each year (the "adjustment date") is
higher than said CPI for the twelve-month period ending March 31,
1997, the maximum tax rate set forth in this article shall be
increased by multiplying said tax rate by a fraction, the
numerator of which is the CPI on the adjustment date and the
denominator of which is the CPI for the twelve-month period
ending March 31, 1997. The resulting adjusted tax rate shall
then be the maximum tax rate for the fiscal year commencing the
next July 1st. There shall be no reduction in rates by operation
of this provision. If, in the future, said CPI shall be changed
so that the base year differs from that used as of the effective
date of this article, it shall be converted in accordance with
the conversion factor published by the United States Department
of Labor, Bureau of Labor Statistics. The city clerk shall
submit a written report to the city council setting forth the
adjustments to the maximum tax rate required by this subsection,
which the city council shall approve by resolution.
(3) Periodically, the city clerk shall submit to,the
city council a recommendation for revising the rate to be
employed in levying the tax, provided, that the recommended tax
rate shall not exceed the maximum tax rate authorized by this
article.
(e) The city council is authorized to determine for each
fiscal year, by ordinance or resolution, the special tax to be
imposed on each parcel subject to this section. The special tax
3 of 6 - B
shall not exceed the maximum special tax rate established in
subsection (c) of this section as adjusted by subsection (d), but
it may be imposed at a lower rate. The ordinance or resolution
shall also list, by assessor's parcel number, all parcels subject
to the tax. The ordinance or resolution shall constitute the
official record of the assessment of the special tax, and a copy
thereof, together with any other pertinent data, shall be
transmitted to the appropriate county or city officials to
facilitate collection of the ;znpn;ai ta,r
shall not exceed the maximum special tax rate established in
subsection (c) of this section as adjusted by subsection (d), but
it may be imposed at a lower rate. The ordinance or resolution
shall also list, by assessor's parcel number, all parcels subject
to the tax. The ordinance or resolution shall constitute the
official record of the assessment of the special tax, and a copy
thereof, together with any other pertinent data, shall be
transmitted to the appropriate county or city officials to
facilitate collection of the special tax.
(f) The special tax shall be due in two equal installments
in -accordance with the collection procedures of the Los Angeles
County Tax Collector, with the first installment due November 1,
and the second installment due the next succeeding February 1.
The owner of the land, land and improvements, at the time set
forth in California Revenue and Taxation Code Sections 405 and
2192 for each fiscal year, shall have a personal obligation to
the City of Vernon until the tax is paid.
(g) The City Clerk may prepare a questionnaire to be served
on the owner of a parcel or improvements subject to the tax
imposed by this article. The questionnaire may request
information which would be useful to the City Clerk in the,
enforcement or administration of this article. The failure by an
owner to provide the information requested within 30 days of
receipt of the request, or the act of an owner in knowingly
providing false information, shall be a misdemeanor.
(h) In determining the gross square footage area of
improvements the City Clerk may use County Assessor's records.
City records, questionnaires and any other records the City Clerk
4 of 6 - B
deems reliable.
(i) Properties or entities exempt by law from the ad valorem
tax imposed by Articles XIII and XIIIA of the California
Constitution shall be exempt from the tax imposed by this
section.
(j) The special tax imposed by this section shall be
collected in the same manner as ad valorem property taxes are
collected and shall be subject to the same procedure, sale and
lien priority in case of delinquency as is provided by ad valorem
taxes (which such procedures include the exercise of all rights
and remedies permitted by law to make corrections, including but
not limited to, the issuance of amended or supplemental tax
bills), as such procedure may be modified by law or by the Board
of Supervisors of the County of Los Angeles from time to time;
provided that the City Council shall have authority to provide,
by ordinance or resolution, for a different method of collection
of said taxes as it shall determine to be in the best interest of
the City of Vernon. The Board of Supervisors, the Auditor -
Controller, the Treasurer -Tax Collector and the Assessor of the
County of Los Angeles shall perform the duties of assessment of
property for the special tax, the correction of any assessment,
the collection, payment, and enforcement of the special tax,
including delinquent taxes, and the redemption of property from
sale or other penalty for nonpayment of the special tax.
(k) The special tax imposed by this section shall be tax
upon each parcel of property, and the tax shall not be measured
by the value of the property.
5 of 6 - B
(1) The proceeds of the special tax shall be used for
construction, improvement and maintenance of streets, bridges and
other public rights -of -way, including acquisition of land.
(m) Nothing in this article shall be construed as requiring
the payment of a tax or the doing of an act which would
constitute an unlawful burden upon or an unlawful interference
with interstate of foreign commerce or which would be in
violation of the constitution or the laws of the United States or
the constitution or the laws of the state.
(n) The penalties provided for in Section 5.11 of this Code
shall apply to the tax imposed by this article; provided, that
should said tax be collected by the County of Los Angeles, the
delinquency date shall be the same date ad valorem property taxes
become delinquent.
6 of 6 - B
SUPPORTING
DOCUMENTS
MEMORANDUM
TO: Bruce V. Malkenhorst, City Administr to-
FROM: David B. Brearley, City Attorney���
DATE: November 12, 1998
SUBJECT: City of Vernon v. All Persons Interested in the
Matter of the Validity of City of Vernon Ordinance
No. 1057, etc., Los Angeles County Superior Court
Case No. BC 190791
Please be advised that judgement in the above matter was
entered in favor of the City of Vernon on October 27, 1998. A
conformed copy of the judgment is enclosed for the City's files.
The judgment determines that Ordinance No. 1057, which
imposed a parcel tax on warehouses, freight terminals, truck
terminals and other distribution facilities, is valid.
There is a limited right of appeal for thirty days following
entry of the judgment. This period will expire on November 30,
1998 (the four additional days are due to the Thanksgiving
holiday). In the meantime, we intend to publish notice of the
entry of this judgment in a newspaper of general circulation,
which may assist the city in the event of a future challenge to
the ordinance.
Please call if you have any questions.
encls.
k- 6�,VID B. BREARLEY (STATE BAR NO. 046563)
P..ty Attorney, City of Vernon
2 RIJHARD J. MORILLO (STATE BAR NO. 082435)
2440 S. HACIENDA BOULEVARD, SUITE 223
,3 �,UAlIENDA HEIGHTS, CALIFORNIA 91745
�,(626) 336-3408
1-J4 r ,
tkorneys for Plaintiff CITY OF VERNON
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OR
Sur
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
CITY OF VERNON, a municipal
corporation,
Plaintiff,
VS.
ALL PERSONS INTERESTED IN THE
MATTER OF THE VALIDITY OF
CITY OF VERNON ORDINANCE
NO. 1057, etc.,
Defendants.
CASE NO. BC 190791
JUDGMENT
This matter having come on regularly before this Court upon
plaintiff's application for judgment, with David B. Brearley,
City Attorney of the City of Vernon, by Richard J. Morillo
appearing for plaintiff; and the original Summons heretofore
issued herein having been duly filed with the Clerk of the Court
and the Declaration of Publication of Summons having been duly
filed with said Clerk; and defendants having failed to appear and
answer plaintiff's Complaint within the time allowed; and
defendants' default having been duly entered herein; and the
matter presented by the allegations in the prayer of plaintiff's
Complaint being one concerning the validity of City of Vernon
1 Ordinance No. 1057, entitled "CITY OF VERNON, a municipal
2 corporation vs. ALL PERSONS INTERESTED IN THE MATTER OF THE
3 VALIDITY OF CITY OF VERNON ORDINANCE NO. 1057, an Ordinance of
4 the City Council of the City of Vernon Adding Article III to
5 Chapter 5 of the Code of the City of Vernon, California, 1959,
6 and Renumbering and recodifying Sections 15.36 through 15.38 as
7 Sections 5.35 through 5.39 of Said Article III; Adding Section
8 5.40 to Said Article III Relative to Annual Adjustment of Tax
9 Rates, Adding Article IV to Said Chapter 5 to Establish a Special
10 Tax on Parcels of Real Property Used or Designed for Use as a
it Warehouse, Truck Terminal, Freight Terminal or Other
12 Distribution Facility, Making Provisions for the Assessment, Levy
13 and Collection of Said Tax, Establishing a Date for an Election
14 to be Held to Approve the Levy of Said Special Taxes; and
15 Declaring that Said Ordinance Shall Take Effect Immediately, and
16 all proceedings relating thereto;"
17 and the Court having received and considered evidence upon the
18 allegations of said Complaint and a Memorandum of Points and
19 Authorities and supporting Declarations having been filed by
20 plaintiff; and this being an action brought pursuant to C-ode of
21 Civil Procedure § 860, et seq. and Government Code § 50077.5, and
22 good cause appearing therefor,
23 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED,
24 AS FOLLOWS:
25 1. This action is properly brought pursuant to Chapter 9
26 (commencing with Section 860) of Title 10 of Part 2 of the Code
27 of Civil Procedure, as authorized by Government Code § 50077.5.
28 2. The Court finds and determines as follows with respect to
2
1 the adoption of Ordinance No. 1057:
2 A. That the adoption of Ordinance No. 1057 on January 6,
3 1998, by the City Council of the City of Vernon was in all
4 respects proper and legal.
5 B. That the general municipal election held on April 14,
6 1998, was in all respects properly and legally conducted, and
7 that Ordinance No. 1057 was approved by in excess of
8 two-thirds of the voters voting on Measure "B" at said
9 election.
10 C. That the recodification of Sections 15.36, 15.36-1,
11 15.37, 15.37-1 and 15.38 as Sections 5.35, 5.36, 5.37, 5.38
12 and 5.39, respectively, of the Code of the City Vernon was
13 without substantive change and does not affect the validity
14 of Sections 15.36, 15.37, and 15.37-1 (now 5.35, 5.37, and
15 5.38) as determined by the Court in Case No. BC019417.
16 D. That the authority to impose taxes at a rate at or
17 below the maximum rates set forth in Article 3 of Chapter 5
18 of the Code of the City of Vernon is valid and binding under
19 Article XIII C, § 2(d) of the California Constitution.
20 E. That Section 5.40(b) of the Code of the City of Vernon
21 is in all respects valid and binding, as permitted by
22 Government Code § 53739.
23 F. That the special parcel tax imposed by Section 5.45 of
24 the Code of the City of Vernon is a valid and Binding special
25 tax, duly and properly approved by the voters of the City of
26 Vernon as required by Article XIIIA, § 4, Article XIIIC, 5
27 2(d), and Article XIIID, § 3(a)(2) of the State Constitution.
28 G. That the special parcel tax imposed by Section 5.45 of
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1 the Code of the City of Vernon is for revenue purposes, not
2 for purposes of regulation.
3 H. That the special parcel tax imposed by Section 5.45 of
4 the Code of the City of Vernon is a property tax, not an
5 excise tax, and is not confiscatory, prohibitive or
6 discriminatory.
7 I. That the authority to impose taxes at a rate at or
8 below the maximum rates set forth in Article 4 of Chapter 5
9 of the Code of the City of Vernon is valid and binding under
10 Article XIII C, § 2(d) of the California Constitution.
11 J. That Section 5.45(d)(2) of the Code of the City of
12 Vernon is in all respects valid and binding, as permitted by
13 Government Code § 53739.
14 3. Pursuant to Code of Civil Procedure § 870, this Court
15 permanently enjoins the institution by any person of any action
16 or proceeding raising any issue as to which this judgment is
17 binding and conclusive.
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19 Dated:
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23 code\judgment
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12i22/97 08:22 FAX 626 330 5818
DAVID B BREARLEY C11A 4TERK
MEMORANDUM c„r
TO: Bruce V. Malkenhorst, City Adminir�.trart�'+t I
FROM: David B. Brearley, City Att ney
DATE: December 19, 1997 f'
OUBJECT: Business License Tax and Parcl ax eOrdinances
4{ 002/006
The following is a summary of information we need f rc ra t.1-i� d`; ty
for the above ordinances.
Business License Tax Ordinance
1. CPI Adjustments - The mechanism for adjusting the maximum tax
rates each year and for establishing the actual amounts to be levied.
(see, proposed $ 5.31). Basically, the ordinance calls for the
maximum rates to be adjusted each June. We provided for a Jane
adjustment based upon increases in the April -to -April CPI bec,-,,se
the Bureau of Labor Statistics indicates that it takes about iv
weeks for the "April" information to be published.
The ordinance requires the City Clerk to present the°.{.
adjustments to the Council for approval by resolution- kic"ws v F t h ^o,;
only sets the new maximum rates. The ordinance also ujon they
City Clerk to propose the actual tax rates to be if>.v i> E f:>!- y ":�,
ensuing calendar year, based upon the adjusted amount' s . f H
would require action by Council resolution, much
current practice.
• Options
1. Use June adjustment based on April -to -April -PI 1;-%1 ,
2. Use different adjustment dates.
3. Omit CPI adjustments (Future increases would reggj A'e votec
approval.)
.12/22/97 08:23 FAX 626 330 5818 DAVID B BREARLEY -44 CITY CLERK Q 003/006
Memo to D:B. Brearley 2 December 19, 1997
re business License Tax and Parcel Tax Ordinances
2. Maximum Tau Rates - The figures in proposed § 5.22 need to be
reviewed. The figures currently used there are the license s foi-
1998, adopted by Resolution No. 7036. Remember that the ord -nance
sets up a maximum rate schedule, as permitted by Proposition 118. 1
think the best approach is to estimate what the rates wilti bt, in 1.9"i,-+
and use those figures. The CPT adjustment of the maxi. num r t ;. ; + °ou d
then be deferred until June, 1999. The actual tax rates are sett for
the City Council to establish, provided they do not exceed the
maximum rates. An alternative approach would be to use the 1998
figures, and do a CPI adjustment after the ordinance is approved by
the voters to establish the rates effective in 1999.
• Options
1. Set maximum rates based on projection for 1999; d(_�for, CPT
adjustment until 1999.
2. Use 1998 rates, adjust per CPI for 1999.
3. Tax on Motion Picture Production - There is currently no set
license fee on motion picture production. Resolution No. 70:16' states
that the fees are to be established by the Council when il: al,proves a
permit. Because this would now be a tax, there must h a ma •smum
rate established by the ordinance.
Parcel Tax Ordinance
1. Tax Rate - We need to establish the maximum tax rate
per 100 sq. ft_ of gross land area, the maximum rate would pro,"auce
roughly $1, 093, 060. This is based on the :land use br�'fxkdows; m r� the
general plan, and assumes 400 acres for Hobart yard. if z_,f and
area in City (excluding rights -of -way) is potentially subaect to this
tax, it would be useful to know how the $1,093,000 f'i.gure compares to
the amount of business license taxes generated by non-warehot.kse and
non -transportation uses. (Note: The general.. plan data wa-,.w <.attyF�re
_12/22/97 08:24 FAX 626 330 5818 DAVID B BREARLEY 44- CITY CLERK Z 004 006
Memo to D.B. Brearley 3 rlec.•embe , 4 , 1997
re Business License Tax and Parcel Tax Ordinances
in 1985. We need to know how accurate it is today.)
2. Property subject to Tax - The proposed tax would apply r
properties used or designed for use as a warehouse, truck terl,zna1,
freight terminal, or other intermodal and distribution
including railroad property and truck parking parcels. L 11a�r G�;c,d
the definitions of "warehouse," "truck terminal," "freightte„ u;i.n l"
found in the zoning ordinance. The definition for "warehouse',
excludes places where perishable or refrigerated goods are stored.
The use of the word "primarily" in the definition would exclude
properties where warehousing is incidental to a manufacturing
operation.
3. Possible credits/Exemptions - The city presently levies
business license tax on warehousing. This tax is included, in the
proposed business license tax ordinance. Rather than eliminatti the
general business license tax on warehousing, You might consider
giving a warehouse subject to the parcel tax a tax credit for the
amount of the general business license taxes paid. (The Came
decision applies to other businesses that pay a business ICIEIn,.e
tax.)
The ordinance exempts any property owner that is, exen,pl f r ont
paying ad valorem property taxes. Basically, this would �nciude
governmental entities and non-profit corporations. i doul:t: 1,n.-azry of
them own or operate properties that would be subject, to th 11!; ", ax in
the City of Vernon. We also need to know if there: are any otP.er
types of properties the City wants to have exempted from tho (,ix.
• Options
1. Tax credit for general business license taxe*i.
2. No tax credit for business license taxes.
3. Exempt additional classes of property.
12/22/97 08:25 FAX 626 330 5818 DAVID B BREARLEY CITY CLERK zoo5/006
Memo to D.B. Brearley 4 Decemb(--tr 19, 1997,
re Business License Tax and Parcel Tax Ordinances
4. Does of Funds - As a spe6ial tax, the proceeds must be earmarked
for specific purposes, which the city needs to review. Preseiitly,
the designated purposes are street construction and maintenanc-0., and
police and fire -related services. We should not go overb(%<-,Iray here,
as there is a danger of the tax being labeled a 119eneral The
state constitution only permits "ad valorem" general. tftxet, or, t-eal
property.
• Options
1. Earmark funds for street construction, street maintenance,
police and fire services.
2. Specify other purposes.
Please let me know if you have any questions about the
foregoing.
rm\db-bLtx.pto
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) as
CITY OF VERNON )
I, Gloria, J. Orosco, Chief Deput C'ty Clerk f the City of
Vernon, do hereby certify that on the NC day of c-.998,
I did have posted three (3) copies of: �7
Ordinance'No. 1057 - An Ordinance of the City Council
of the City of Vernon Adding Article III to Chapter 5
to the Code of the City of Vernon, California, 1959,
and Renumbering and Recodifying Sections 15.36 Through
15.38 as Sections 5.35 Through 5.39 of Said Article
III; Adding Section 5.40 to Said Article III Relative
to Annual Adjustment of Tax Rates; Adding Article IV to
Said Chapter 5 to Establish a Special Tax on Parcels of
Real Property Used or Designed for Use as a Warehouse,
Truck Terminal, Freight Terminal or Other Distribution
Facility; Making Provisions for the Assessment, Levy
and Collection of Said Tax; Establishing a Date for an
Election to be Held to Approve the Levy of Said Special
Taxes; and Declaring that Said Ordinance Shall Take
Effect Immediately
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd., and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
loria J. Or sco
Chief DepVty City Clerk
i� _ - W
��i
Subscribed and sworn to before
me this ofc�,�,,gr�� 1998
NotayPuWc-CaMMNo Notary Public in and for the
LC ANGELES OUW
N9.1 Count of Los Angeles, State of
My COMM.mExpksa JUN 4 19� Y g
California
OF PUBLIC HEARING
LyCo)uncil The Ci of the City of Vernon will conduct a Public
Hearing which you may attend.
PLACE: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058-0805
TIME: Tuesday, January 6, 1998, at 5:00 p.m. or as
soon thereafter as the matter may be heard.
PURPOSE: To consider a proposed ordinance that would
renumber and recodify sections 15.36 through
15.38 of the Vernon City Code pertaining to
special business license taxes on solid waste
and hazardous waste facilities, amend new
section 5.39 (former section 15.38) of the
Vernon City Code pertaining to lead -acid
battery recycling facilities, and establish a
special tax on parcels of real property used
or designed for use as a warehouse, truck
terminal, freight terminal or other
distribution facility. If adopted by the
City Council, said ordinance will provide for
submission of a proposition relative to the
special business license taxes and the
special parcel tax to the voters of the City
at the April 14, 1998, General Municipal
Election.
This Notice is given pursuant to Section 50077 of the
California Government Code.
DATED: CJ'�
UZ 4/1 A
V. MALKENHO T
ity Clerk
NOTICE OF PUBLIC HEARING
The City Council of the City of Vernon will conduct a Public
Hearing which you may attend.
PLACE; Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058-0805
TIME: Tuesday, January 6, 1997, at 5:00 p.m. or as
boon thereafter as the matter may be heard.
PUP P(=-,:: To consider a proposed ordinance that would
renumber and recodify sections 15.36 through
15.38 of the Vernon City Code pertaining to
special business license taxes on solid
waste and hazardous waste facilities, amend
new section 5.39 (former section 15.38) of
the Vernon City Code pertaining to lead -acid
battery recycling facilities, and establish
a special tax on parcels of real property
used or designed for use as a warehouse,
truck terminal, freight terminal or other
distribution facility. If adopted by the
City council, said ordinance will provide
for submission of a proposition relative to
the special business license taxes and the
special parcel tax to the voters of the City
at the April 14, 1998, General Municipal
Election.
`this Notice is given pursuant to Section 50077 of the
California Government Code.
DA`I'FI) n
BRUCE V. MALXENHORST
City Clerk
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AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) §
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy (
City of Vernon, do hereby certify that on the
December 1997, I did have posted three (3) cc
PP-1 IA� (", (� (� o �')
Notice of Public Hearing to Consider a Proposed
Ordinance pertaining to Special Business License Taxes
one in each of the following places, to wit: at the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner
of Leonis Blvd. and Pacific Blvd.; and on the bulletin board in
the Lobby of the City Hall of the City of Vernon, located at 4305
Santa Fe Avenue, all in said City, there being no newspaper of
gener circulation printed and published in the City of Vernon.
f411
G�oria J. Orlbsco
Chief Deputy City Clerk
Date: December 23. 1997
Subscribed and sworn to before
me this �3`d of C)Q- ,,bcsa 1997
Notary Public,in and for the
County of Los Angeles, State
Of California
:AfdvtPstg
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX: (213) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (213) 583-8811
April 23, 1998
Peter H. Maclearie, President
Coded Systems
120 Main Street
Avon, New Jersey 07717
Dear Mr. Maclearie:
DAVID B. BREARLEY
City Attorney
FAX: (818) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (213) 588-2761
KENNETH J. DeDARIO
Director of Light & Power
FAX: (213) 583-1983
DAVE TELFORD
Fire Chief
FAX: (213) 581-1385
LOUIS ROSENKRANTZ
Police Chief
FAX: (213) 581-1178
Enclosed herewith is one copy each of Ordinance Nos. 1056 and
1057 to be incorporated into the Vernon Municipal Code.
Prior to your final incorporation of this supplement, please FAX
or mail a draft for our review to ascertain that there are no
discrepancies between the actual ordinance and your
interpretation of same. We will notify you immediately if we are
in concurrence, or of any discrepancies.
After final review, forward 55 sets of the supplement to my
attention. If you have any questions, please do not hesitate to
contact me.
Very truly yours,
CITY OF VERNON
6r A J. Oro co
Chief Deputy�City Clerk
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enclosure