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Ordinance No. 1288ORDINANCE NO. 1288 AN ORDINANCE OF THE CITY OF VERNON AMENDING SECTION 3.20.020 OF THE VERNON MUNICIPAL CODE TO EXTEND THE PUBLIC SAFETY SPECIAL PARCEL TAX THE PEOPLE OF THE CITY OF VERNON ORDAIN AS FOLLOWS: SECTION 1. Vernon Municipal Code Section 3.20.020, Public Safety Special Parcel Tax, is hereby amended to read as follows: A. Definitions. As used in this section, the following terms have the meanings 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 numbers. 2. “CPI” means the Consumer Price Index for All Urban Consumers (CPI-U), All Items Index, Los Angeles-Long Beach-Anaheim, California Area (1982- 84=100) published by the United States Department of Labor, Bureau of Labor Statistics. 3. “Fiscal year” means the fiscal year of the City, which is the period starting July 1 and ending on the following June 30. 4. “Maximum rate” means the maximum rate of the special parcel tax as calculated pursuant to subsection D of this section. 5. “Nonresidential parcel” means any parcel other than a parcel that is improved solely with a residential structure. 6. “Parcel” means a lot or parcel shown on the current applicable assessor’s parcel map with an assigned assessor’s parcel number. 7. “Special parcel tax” means the special parcel tax to be levied pursuant to this section. 8. “Taxable parcel area” means, with respect to a parcel of taxable property and a fiscal year, the square footage of that parcel, excluding square footage that has been apportioned a share of the warehouse tax for that fiscal year. For purposes of this definition, “square footage that has been apportioned a share of the warehouse tax for that fiscal year” shall be calculated for the applicable fiscal year by dividing the amount of the warehouse tax levied against a parcel by the rate per square foot of the warehouse tax. For example, if the amount of the warehouse tax levied against a parcel is $10,000 in a given fiscal year, and the applicable rate of       Ordinance No. 1288 Page 2 of 4 _______________________ the warehouse tax in that fiscal year is $0.10 per square foot, then 100,000 square feet of the area of that parcel is square footage that has been apportioned a share of the warehouse tax for that fiscal year. 9. “Taxable property” means all of the nonresidential parcels within the boundaries of the City other than nonresidential parcels that: (a) are exempt from the special parcel tax pursuant to the Constitution or the laws of the United States or of the Constitution or the laws of the State of California; or (b) are exempt from the ad valorem property tax or have an ad valorem property tax liability of zero. 10. “Warehouse tax” means the special parcel tax levied by the City pursuant to Section 3.20.010. B. Levy of Special Parcel Tax. An annual special tax is hereby levied by the City on all parcels of taxable property. C. Duration. The special parcel tax shall first be collected for fiscal year 2023-24. The final year for which the special parcel tax shall be collected is fiscal year 2027-28. D. Tax Rate. 1. For fiscal year 2023-24, the maximum rate of the special parcel tax shall be $0.03683 per square foot of taxable parcel area. 2. For fiscal year 2024-25 and each subsequent fiscal year through and including fiscal year 2027-28, the maximum rate of the special parcel tax shall be automatically adjusted based upon changes in CPI. For any fiscal year in which the CPI for the month of March of the immediately preceding fiscal year is greater than the CPI for March 2023, the maximum rate for such fiscal year shall be equal to the product of the maximum rate for fiscal year 2023-24 multiplied by a fraction, the numerator of which is the CPI for the applicable month of March and the denominator of which is the CPI for March 2023. For each fiscal year in which the CPI for the month of March of the immediately preceding fiscal year is not higher than the CPI for March 2023, the maximum rate for such fiscal year shall not be adjusted and such maximum rate shall be equal to the maximum rate for fiscal year 2023-24. If, in the future, the CPI is changed so that the CPI for March 2023 differs from the CPI for such month used as of the effective date of this section, the CPI for such month shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. The Finance Director shall submit a written report to the City Council each fiscal year setting forth the adjustments to the maximum rate calculated in accordance with this subsection.       Ordinance No. 1288 Page 3 of 4 _______________________ E. Annual Proceedings. For each fiscal year, the City Council shall determine, by ordinance or resolution, the amount of the special parcel tax to be imposed on each parcel of taxable property. The tax amounts determined by the City Council for a fiscal year shall be calculated based on the applicable maximum rate for such fiscal year but may, at the discretion of the City Council, be determined based on lower rates. The ordinance or resolution shall list each taxed parcel by assessor’s parcel number. The ordinance or resolution shall constitute the official record of the assessment of the special parcel tax, and a copy thereof, together with any other pertinent data, shall be transmitted to the appropriate County officials to facilitate collection of the special parcel tax. F. Collection of Special Parcel Tax. The special parcel tax shall be collected by the County Treasurer and Tax Collector in the same manner and subject to the same penalty and procedure as ad valorem property taxes collected by the County Treasurer and Tax Collector. Unpaid special parcel taxes shall bear interest at the same rate as the rate for unpaid ad valorem property taxes until paid. G. Special Parcel Tax Not an Ad Valorem Tax. The special parcel tax is not an ad valorem tax. The amount of the special parcel tax to be imposed on a parcel is not calculated or measured based on the value of that parcel. H. Statement of Specific Purpose of Special Parcel Tax Proceeds to Be Applied Only to Such Specific Purpose. The proceeds of the special parcel tax, together with any interest and penalties thereon, shall be applied only to the payment of the costs of: (1) City police services and projects; (2) City health services and projects; and (3) contracted City fire protection services and projects. Services and projects include, but are not limited to salaries, benefits, equipment, contracted services, and capital improvements. I. Accountability Measures. The proceeds of the special parcel tax shall be deposited in a special account, to be created and maintained by the City. For so long as proceeds of the special parcel tax remain unexpended, the Finance Director of the City shall file an annual report with the City Council no later than the second Council meeting in January of each year, commencing January 1, 2025, stating: (1) the amount of special parcel tax funds collected and expended; and (2) the status of any project required or authorized to be funded pursuant to this section. Such annual report shall relate to the fiscal year most recently ended, and may be incorporated into or filed with the annual budget, audit or other appropriate routine report to the City Council. J. Amendment. The City Council may, by ordinance, amend, repeal, renumber or recodify any or all of the provisions of this section; provided, however, that no ordinance extending or increasing the special parcel tax shall be effective unless submitted to, and approved by, the voters of the City as required pursuant to the applicable law at the time of such action. SECTION 2. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies       Ordinance No. 1288 Page 4 of 4 _______________________ and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. To this end, the provisions of this Ordinance are declared to be severable. SECTION 4. The City Clerk shall certify the adoption and publish this ordinance as required by law. SECTION 5. This Ordinance shall go into effect if approved by a two-thirds majority of eligible voters casting ballots on the measure at the General Municipal Election to be held on April 11, 2023, and shall be executed by the Mayor upon certification by the City Council of the results of the election approving this ordinance. APPROVED AND ADOPTED April 11, 2023. _____________________________ CRYSTAL LARIOS, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1288 was passed and adopted by the City Council of the City of Vernon at the regular meeting on May 2, 2023 by the following vote: AYES: 4 Council Members: Merlo, Ybarra, Larios, Lopez NOES: 0 ABSENT: 0 ABSTAIN: 0 ________________________________ LISA POPE, City Clerk (seal)       City Council Agenda Report Meeting Date:May 2, 2023 From:Lisa Pope, City Clerk Department:City Clerk Submitted by:Lisa Pope, City Clerk Subject Results of the City of Vernon April 11, 2023 General Municipal Election Recommendation Adopt Resolution No. 2023-07 reciting the facts and declaring the results of the General Municipal Election held on April 11, 2023, and ratifying adoption of Ordinance No. 1288 (Measure W), amending Section 3.20.020 of the Vernon Municipal Code to extend the Public Safety Special Parcel Tax. Background On November 15, 2022, the City Council adopted Resolution No. 2022-42 calling the April 11, 2023 General Municipal Election to fill one Council seat and to submit Measure W to the voters. On April 11, 2023, the General Municipal Election was held in conformance with the City Charter, Vernon Municipal Code, California Elections Code, and the Federal Voting Rights Act. Pursuant to Elections Code Section 10263, the City Council must adopt a resolution reciting the facts of the election. The Official Results, attached to the resolution, provides the details, including the total votes cast for each candidate and for and against Measure W. Based on these results, Jesus Rivera was elected to the City Council for a full five-year term ending April 2028. Measure W, the full text of which is encompassed in Ordinance No. 1288, was approved by more than two-thirds of the voters casting ballots. Following adoption of the resolution reciting the election results, the City Clerk will administer the Oath of Office to the newly elected Council Member and, pursuant to City of Vernon Charter Article III, Chapters 3.5 and 3.6, Mayor Pro Tem Crystal Larios will serve as Mayor and Council Member Judith Merlo will serve as Mayor Pro Tem. Fiscal Impact There is no fiscal impact associated with this report. Attachments 1. Resolution No. 2023-07 2. Ordinance No. 1288 RESOLUTION NO. 2023-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, RECITING THE FACTS AND DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON APRIL 11, 2023 SECTION 1. Recitals. A. A General Municipal Election was held and conducted in the City of Vernon, California, on Tuesday, April 11, 2023, as required by law. B.Notice of the election was given in time, form, and manner as prescribed by law; an election officer was appointed, vote-by-mail ballots were properly sent to all registered voters, and in all respects the election was held and conducted, the votes were cast, received and canvassed, and the returns were made and declared in the time, form, and manner required by the City Charter, Vernon Municipal Code, California Elections Code, and Federal Voting Rights Act. C.The official canvass commenced immediately upon the close of the polls. Ballots were counted on April 11, 2023, beginning at 8:01 p.m., and a second and final count was held on April 19, 2023, beginning at 2:00 p.m. D.The City Clerk prepared the Official Results of the election returns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon finds and determines that the above recitals are true and correct. SECTION 3. The number of ballots legally cast at the April 11, 2023 General Municipal Election was 75. SECTION 4. The City Clerk canvassed the returns of the election and certified the results to the City Council, which certification and results are received, accepted, and attached hereto as Exhibit A. SECTION 5. The names, in the order they appeared on the official ballot, and the number of votes cast for each candidate, are as follows: Dennis E. Gulla 23 votes Jesus Rivera 52 votes SECTION 6. The City Council of the City of Vernon declares that Jesus Rivera was elected as member of the City Council for the full term of five years. DocuSign Envelope ID: CE9F1EE7-0C11-449B-8802-33950CC556E4 Resolution No. 2023-07 Page 2 of 3 _______________________ SECTION 7. The City Clerk shall execute a Certificate of Election and administer the Oath of Office. SECTION 8. Measure W voted upon on the April 11, 2023 General Municipal Election was as follows: Shall the measure extending the Public Safety Special Parcel Tax, authorizing, for a period of five years, the levy of an annual special parcel tax on non-residential parcels at the rate of $0.03683 per square foot (adjusted annually for inflation), and generating approximately $2,180,000 annually for 5 years, to maintain and improve City services and projects including City police protection services, City health services, and contracted City fire protection services, be adopted? YES 50 NO 18 SECTION 9. The City Council declares that two-thirds of the voters voting on Measure W (Ordinance No. 1288) voted in favor of the measure, the measure carried, and shall be deemed adopted and ratified. SECTION 10. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 2nd day of May 2023. _____________________________ CRYSTAL LARIOS, Mayor ATTEST: LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ________________________________ ZAYNAH N. MOUSSA, City Attorney DocuSign Envelope ID: CE9F1EE7-0C11-449B-8802-33950CC556E4 Resolution No. 2023-07 Page 3 of 4 _______________________ I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2023-07 was passed and adopted by the City Council of the City of Vernon at the Regular meeting on May 2, 2023 by the following vote: AYES: 4 Council Members: Merlo, Ybarra, Larios, Lopez NOES: 0 ABSENT: 0 ABSTAIN: 0 ________________________________ LISA POPE, City Clerk (seal) DocuSign Envelope ID: CE9F1EE7-0C11-449B-8802-33950CC556E4 CITY OF VERNON APRIL 11, 2023 GENERAL MUNICIPAL ELECTION OFFICIAL RESULTS I, Lisa Pope, City Clerk of the City of Vernon, California, do hereby certify that I have canvassed the April 11, 2023 General Municipal Election ballots returned as of April 19, 2023, and find the number of votes cast as follows: TO ELECT ONE COUNCIL MEMBER 1st Count April 11, 2023 2nd Count April 19, 2023 Total Dennis E. Gulla 20 3 23 Jesus Rivera 47 5 52 Total Votes 67 8 75 BALLOT MEASURE 1st Count April 11, 2023 2nd Count April 19, 2023 Total Measure W – Extending Public Safety Special Parcel Tax YES 46 4 50 NO 16 2 18 Total Votes 62 6 68 66% voter approval required. Measure W was approved by 73.5% of the votes cast. VOTER TURNOUT These results are official and reflect all ballots received. Lisa Pope, City Clerk April 19, 2023 Registered Voters 121 Total Ballots Cast 75 Voter Turnout 62% Resolution No. 2023-07 Page 4 of 4 ________________________ DocuSign Envelope ID: CE9F1EE7-0C11-449B-8802-33950CC556E4