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Resolution No. 9092is 2 3 4 5 6 7 8 ►il 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON IN SUPPORT OF THE LOS ANGELES COUNTY GANG SUPPRESSION, PREVENTION, AND INTERVENTION SALES TAX MEASURE WHEREAS, the state and local budgets rise and fall based on the economy, straining the delivery of law enforcement services; and WHEREAS, it is prudent to ensure that public safety tax dollars remain in our local communities; and WHEREAS, public safety and the prevention, intervention and suppression of gang -related violent crimes are critically important to the security and well-being of the County's citizens and to the growth and revitalization of the County's economic base; and WHEREAS, Los Angeles County has 1,145 gangs with more than 80,000 verified members; and WHEREAS, the suppression of gangs and the prevention of violent crime are primary responsibilities of local government and local officials have an obligation to give priority to the provision of adequate public safety services; and WHEREAS, gang violence affects every city and neighborhood inl, Los Angeles County due to gang members mobility; and WHEREAS, the Los Angeles County Sheriff has proposed the Gang Suppression, Prevention, and Intervention Tax Measure, a countywide sales tax increase of on quarter cent to provide the personnel, resources, and directed strategies required to suppress gangs and violent crime in the County of Los Angeles; and WHEREAS, this funding would focus on personnel, resources, land directed strategies required to suppress gangs, gang -related 1 2 3 4 5 6 7 8 VE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3. 27 Violent crime and provide needed funding for gang prevention and intervention programs throughout Los Angeles County, including independent cities in the County of Los Angeles; and WHEREAS, the plan would generate approximately $325 million annually, and would be dedicated to gang suppression, prevention, and intervention programs designed to impact gang -related crime in Los Angeles County; and WHEREAS, seventeen percent (17%) of the revenue will be allocated to offset the increased operational and administrative costs resulting from the implementation of the Gang Suppression, Prevention, and Intervention Tax Measure incurred by county departments, including but not limited to, county custody operations, the District Attorney, and other designated justice agencies; and WHEREAS, sixty-one percent (61%) of the revenue will be allocated to the County unincorporated areas and each City within Los Angeles County using a population derived formula with a $100,000 base for each entity, to be used for suppression, prevention, intervention and education programs, of which fifty percent of the money allocated to each entity shall be utilized for related law enforcement purposes as directed by the Sheriff or chief law enforcement official of the entity receiving the revenue; and WHEREAS, twenty-two percent (22%) will be allocated for a mobile, countywide, interagency gang task force which exclusively deals with the suppression and prevention of gang -related crime; and WHEREAS, the City of Vernon would receive approximately $101,740.00 under the proposed formula. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: - 2 - 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 supports the passage of the Los Angeles County Gang Suppression, Prevention, and Intervention Tax Measure. SECTION 3: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to send a copy of this Resolution to: Sheriff Leroy D. Baca County of Los Angeles Sheriff's Department Headquarters 4700 Ramona Blvd. Monterey Park, CA 91754-2169 SECTION 4: The Acting City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 5th day of July, 2006. ATTEST: 9 BRUCE V. fdAKENHORST, JR. Acting City Clerk ONIS C. MAL URG, ayor - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9092, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, July 5, 2006, and thereafter was duly signed by the Mayor of the City of Vernon. (S EAL ) .'4 I BRUCE . MALKENHORST, JR. Acting City Clerk - 4 - f TO: ROM: SUBJECT: VERNON POLICE DEPARTMENT June 28, 2006 Bruce V. Malkenhorst Jr., Acting City Clerk Sol Benudiz, Chief of Polico Res Gang Suppression, Prevention and Intervention Tax Measure c I am forwarding Sheriff Baca's request for support of his one quarter percent tax initiative for the City Council's consideration. The sheriff also included a staff report and a sample resolution. Essentially, the tax measure will grant the City of Vernon $101,704.00 for gang suppression, prevention, intervention and education programs. Fifty percent of the allocated amount may be used for other law enforcement purposes as directed by the chief of police. By way of context, the Los Angeles County Police Chiefs' Association will most likely endorse the sheriff's measure. Nllaunty of Kjas Au-S.etes �$heriff z Dep artutent HeaxbxPmrters 4700 Ramana Raz&ilatrb M Iffivubar-g ILA, (ga lifonrrar 917.54-Z169 LEROY D. BACA, SHERIFF June 27, 2006 Sol Benudiz, Chief Vernon Police Department 4305 Santa Fe Avenue Vernon, California 90058 Dear Chief Benudiz: OF lOs,� C a# r *e X a CgLIFORH�P The purpose of this correspondence is to update you on the status of the proposed Gang Suppression, Prevention, and Intervention Tax Measure that will fund a long-term solution to eradicate gangs and gang violence throughout Los Angeles County. The development of this proposed plan is due to the successful collaboration between the Los Angeles County Sheriffs Department and the Los Angeles County Police Chiefs' Association. Our cohesive partnership will move us closer to eradicating gangs throughout Los Angeles County by creating a solution to provide long-term funding for concentrated gang suppression efforts and aggressive prevention and intervention programs designed to redirect our youth from choosing a path of crime and violence. I have enclosed a copy of the resolution and staff report for your review. Lieutenant Cheryl Newman or Lieutenant Gerald Cooper are available to assist you in anyway and can be reached at (323) 526-5656. 1 look forward to our continued partnership. Sincerely, C XTaLo_ L ROY D. BACA SHERIFF 57 7ra iion o, cSeroice RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON IN SUPPORT OF THE LOS ANGELES COUNTY GANG SUPPRESSION, PREVENTION, AND INTERVENTION SALES TAX WHEREAS, the state and local budgets rise and fall based on the economy, straining the delivery of law enforcement services; and WHEREAS, it is prudent to ensure that public safety tax dollars remain in our local communities; and WHEREAS, public safety and the prevention, intervention and suppression of gang - related violent crimes are critically important to the security and well-being of the County's citizens and to the growth and revitalization of the County's economic base; and WHEREAS, Los Angeles County has 1,145 gangs with more than 80,000 verified members; and WHEREAS, the suppression of gangs and the prevention of violent crime are primary responsibilities of local government and local officials have an obligation to give priority to the provision of adequate public safety services; and WHEREAS, gang violence affects every city and neighborhood in Los Angeles County due to gang members mobility; and WHEREAS, the Los Angeles County Sheriff has proposed the Gang Suppression, Prevention, and Intervention Tax Measure, a countywide sales tax increase of one quarter cent to provide the personnel, resources, and directed strategies required to suppress gangs and violent crime in the County of Los Angeles. WHEREAS, this funding would focus on personnel, resources, and directed strategies required to suppress gangs, gang -related violent crime, and provide needed funding for gang prevention and intervention programs throughout Los Angeles County, including independent cities in the County of Los Angeles; and WHEREAS, the plan would generate approximately $325 million annually, and would be dedicated to gang suppression, prevention, and intervention programs designed to impact gang - related crime in Los Angeles County; and WHEREAS, seventeen percent of the revenue will be allocated to offset the increased operational and administrative costs resulting from the implementation of The Gang Suppression, Prevention, and Intervention Tax Measure incurred by county departments, including but not limited to county custody operations, the District Attorney, and other designated justice agencies; and WHEREAS, sixty-one percent of the revenue will be allocated to the County unincorporated areas and each City within Los Angeles County using a population derived formula with a $100,000 base for each entity, to be used for suppression, prevention, intervention and education programs, of which fifty percent of the money allocated to each entity shall be utilized for related law enforcement purposes as directed by the Sheriff or chief law enforcement official of the entity receiving the revenue; and WHEREAS, twenty-two percent (22%) will be allocated for a mobile, countywide, interagency gang task force which exclusively deals with the suppression and prevention of gang - related crime; and WHEREAS, the City of Vernon would receive approximately $101,740 under the proposed formula; NOW, THEREFORE, the City Council of the City of Vernon resolves as follows: Section 1. That the City of Vernon supports the passage of the Los Angeles County Gang Suppression, Prevention, and Intervention Tax Measure. Section 2. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. I hereby certify that the foregoing resolution was adopted by the City Council of the City of Vernon at its meeting of , 2006, by the following vote: Ayes: Councilmembers: Noes: Councilmembers: Absent: Councilmembers: City Clerk LOS ANGELES COUNTY GANG SUPPRESSION, PREVENTION, AND INTERVENTION SALES TAX PURPOSE OF MEASURE: Although there is no way to measure the cost of fear, the price tag for gang -related crime is tremendous for Los Angeles County taxpayers In 2005, the combined number of murders, aggravated assaults and robberies (including attempts) committed by gang members throughout the city and county areas of Los Angeles totaled 9,085 incidents, averaging 25 violent crimes per day. Violent street gangs continue to grow and flourish year by year, while gang suppression efforts are dependent on a healthy economy. Current law enforcement funding levels are insufficient to make a significant impact upon the gang problem. Staggering medical costs resulting from gang. violence continues to burden Los Angeles County's economy. According to Isabelle Sternfeld, Epidemiologist with the Los Angeles County Department of Health Injury and Violence Program, the most recent price tag for the treatment and hospitalization of 6,172 non -fatal violent assault victims exceeded $287 million during a one-year period. Those that were treated and released from an emergency room were not factored into these statistics. Of the 6,172 victims treated, 1,535 did not have any form of medical insurance. At an average of $46,655 per victim, the price tag to Los Angeles County taxpayers was $72 million. The cost to investigate, incarcerate, and prosecute one gang member involved in a gang -related homicide can exceed $1 million. Los Angeles County suffered 553 gang -related murders in 2005. Annually, gang members are responsible for almost 50% of homicides.in Los Angeles County, as well as a significant number of other violent crimes such as aggravated assault and robbery. A comprehensive countywide strategy linking all 88 cities and the unincorporated area together is the solution to dramatically reducing gang crime. Present funding levels for,law enforcement are inadequate to address gang -related crime. Existing law enforcement gang suppression models lack the necessary countywide, multi - jurisdictional global approach necessary to deal effectively with the suppression of gangs which are increasingly mobile and well -organized. Additionally, an important component of a global gang suppression model involves the coordinated utilization of suppression, prevention, and intervention programs. Funding for the necessary prevention and intervention programs is likewise inadequate to handle the unique needs in Los Angeles County. -USE OF REVENUES: The plan would generate approximately $325 million annually for the suppression. of gangs and the prevention of violent crime. Seventeen percent of the revenue will be. allocated to offset the increased operational and administrative costs resulting from the implementation of The Gang Suppression, Prevention, and Intervention Tax Act incurred by county departments, including but not limited to county custody operations, the District Attorney, and other designated justice agencies. Sixty-one percent of the revenue will be allocated to county unincorporated areas and each city within Los Angeles County using a population derived formula with a $100,000 base for each entity. The money shall be used for gang suppression, prevention, intervention and education programs. Fifty percent of the money allocated to each entity shall be utilized for related law enforcement purposes as directed by the Sheriff or chief law enforcement official of the entity receiving the revenue. Twenty-two percent (22%) will be allocated for a mobile, countywide, interagency gang task force which exclusively deals with the suppression and prevention of gang -related crime. SUMMARY: Public Safety is the first priority of local government, and it is critical that investments be made for the future. The Los. Angeles County Gang Suppression, Prevention, and Intervention Tax provides the stable funding desperately needed to prevent gang -related crime and provide the necessary intervention and prevention programs to ensure the cycle of gang violence comes to an end. BACKGROUND Proposed Law This proposed initiative is known as the "Los Angeles County Gang Suppression, Prevention, and Intervention Tax." If adopted, the Act acknowledges a number of policy objectives: Public safety services are critically important to the security and well-being of the County's citizens and to the growth and revitalization of the County's economic base. Public safety, the suppression of gangs, and the prevention of violent crimes are primary responsibilities of local government and local officials have an obligation to give priority to the provision of adequate public safety services. Local financial -resources to the Sheriff and city law enforcement agencies shall not be reduced below the adopted budget for the 2006/07 fiscal year. If a loss or reduction in local general purpose financial resources occurs, proceeds. from this Ordinance may be used to ensure public safety funding is not reduced below the adopted budget for the 2006/07 fiscal year, only if local financial resources to public safety are not reduced more than the total percent of the loss or reduction within the affected year. Imposition of retail transactions tax. The Act, if adopted, will impose a tax on the sale of tangible personal property at retail upon every retailer in the County at a rate of one -quarter of one percent of the gross receipts. This is in addition to all previously imposed transactions and use taxes. Imposition of use tax. A complementary tax will also be imposed on the storage, use or other consumption of tangible personal property purchased from any retailer. The tax shall also be at a rate of one -quarter of one percent of the sales price of the property and is in addition to previously approved use taxes. Expenditure plan. The revenues raised by this measure will be used to provide sworn and support personnel, equipment and facilities to increase, maintain, improve, expand and strengthen law enforcement, public safety, inter -agency and regional policing, gang prevention and intervention programs and gang suppression throughout Los Angeles County. (A) Tax revenues dedicated to the Sheriff and local law enforcement will be used to: Improve crime investigations and basic public safety services by increasing resources for traditional law enforcement services. 2. Strengthen gang enforcement and the suppression of violent crime through a mobile, multi -agency gang task force. 3. Expand community -oriented policing services. 4. Expand youth and adult programs designed to prevent gang -related crime. 5. Provide technology and specialized equipment for tracking gang intelligence and information among public safety agencies throughout the County. 6. Provide for expanded justice -related resources necessary to respond to increased arrests resulting from enhanced police services, including jail space, services and staffing. (B) Allocation of Revenues received by the County. First, from the funds allocated to the County by the State Board of Equalization, the Auditor -Controller shall be reimbursed for actual and necessary direct and indirect costs incurred while complying with this Ordinance. They shall be apportioned to the County and each city in proportion to each entity's anticipated share of the proceeds of the tax collected, 2. Of the remaining funds: a. Seventeen percent (17%) of the revenue will be allocated to offset the increased operational and administrative costs resulting from the implementation of The Gang Suppression, Prevention, and Intervention Tax Act incurred by county departments, including but not limited to county custody operations, and other justice agencies. b. Sixty-one percent (61 %) of the revenue will be earmarked for suppression, prevention, intervention and education, programs. At least 50% of the money allocated to each entity pursuant to this section shall be utilized for related law enforcement purposes as directed by the Sheriff or chief law enforcement official of the entity receiving the revenue. C. Twenty-two. percent (22%) will be allocated for a mobile, countywide, interagency gang task force which exclusively deals with the suppression and prevention of gang -related crime. (C) Maintenance of Effort. In order to assist local governments in maintaining a sufficient level of public safety services, the proceeds shall be designated exclusively to maintain, improve, or expand funding of local law enforcement. Local financial resources to the Sheriff and city law enforcement agencies shall not -be reduced below the adopted budget for the 2006/07 fiscal year. Moreover, the adopted budget for the 2006107 fiscal year may be adjusted to reflect reduced expenditures necessitated by reductions in state and federal assistance, or reductions in any other revenue source beyond the control of that local government entity. If a loss or reduction in local general purposefinancial resources occurs, proceeds from this Ordinance may be used to ensure public safety funding is not reduced below the adopted budget for the 2006/07 fiscal year, only if local financial resources to public safety are not reduced more than the total percent of the loss or reduction within the affected year. (D) Unspent Funds, Any unspent proceeds from this Ordinance by the Sheriff, or a city, within a fiscal year, shall be held in a public safety reserve trust account established by that entity. Funds unspent more than five years after their allocation will be returned to the pool for redistribution as prescribed. Place of consummation of retail transaction. This ordinance applies to all retail transactions consummated at the place of business of the retailer, unless the tangible personal property sold is delivered to an out-of-state destination or to a common carrier for the delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the state, or has more than one place of business, the place or places at which the retail sales are consummated for the purpose of the transactions tax will be determined by the State Board of Equalization. Accountability Measures. The" Auditor -Controller of the County of Los Angeles shall create a new account into which the proceeds from the special tax shall be deposited. The Auditor -Controller shall file a report with the County Board of Supervisors, stating the amount of funds collected and expended. This report shall be filed upon receipt of proceeds and every January 1 thereafter. Each entity receiving an allocation of funds shall annually adopt, in a public meeting, an accounting of the use of funds, and funds held in reserve. This report shall be filed no later than September 30 of each year with the Auditor - Controller. The use of funds shall be evaluated under rules and regulations adopted by an Oversight Committee consisting of the Sheriff of Los Angeles County, the Chief of the Los Angeles Police Department, the Chief Administrative Officer of Los Angeles County, the President of the Los Angeles County Police Chiefs' Association, the District Attorney of the County of Los Angeles, a, member of the California Contract Cities Association, and a member of the Independent Cities Association of Los Angeles County. The rules and regulations adopted by the Oversight Committee shall provide for penalties for inappropriate uses of funds. Effective Dates. This Ordinance shall take effect when approved by a two-thirds vote on the November 2006 ballot. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman July 24, 2006 0 JE 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 Sheriff Leroy D. Baca County of Los Angeles Sheriff's Department Headquarters 4700 Ramona Blvd. Monterey Park, CA 91754-2169 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer Re: Resolution No. 9092 A Resolution of the City Council of the City of Vernon in Support of the Los Angeles County Gang Suppression, Prevention, and Intervention Sales Tax Measure Dear Mr. Baca: Transmitted herewith is a copy of Resolution No. 9092 that was approved by City Council on July 5, 2006. If you have any questions regarding this matter, please call Mr. Sol Benudiz at (323) 583-8811 ext. 114. Very truly yours, Lwiy irz?tl� Deputy City Clerk NG:dr c: Sol Benudiz Resolution No. 9092 TEXCIUAlvetiy wubugrial -