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Resolution No. 2024-014RESOLUTION NO. 2024-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON DETERMINING THE WAREHOUSE SPECIAL PARCEL TAX LEVIED FOR FISCAL YEAR 2024-2025 PURSUANT TO VERNON MUNICIPAL CODE SECTION 3.20.010 SECTION 1. Recitals. A.Vernon Municipal Code Section 3.20.010 authorizes a special parcel tax (Tax) on warehouses, truck terminals, freight terminals, and railroad facilities or other distribution facilities to fund: 1) construction, improvement and maintenance of streets, bridges, and other public rights-of-way, including acquisition of land; and 2) police and fire protection services. B.Vernon Municipal Code Section 3.20.010(E) requires that the City Council determine, for each fiscal year, by ordinance or resolution, the amount of the Tax to be imposed on each parcel subject to the Tax, which shall not exceed the maximum special tax rate established in Section 3.20.010(C) as adjusted by Vernon Municipal Code Section 3.20.010(D) but may be imposed at a lower rate. 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 hereby finds and determines that the above recitals are true and correct. SECTION 3. The City Council of the City of Vernon hereby determines the Tax for Fiscal Year 2024-2025 shall be $40.081 per 100 square feet of gross area of land (or 0.40081 per square foot of gross area of land). A list of parcels subject to the Tax, as well as the amount of the Tax to be levied upon each for Fiscal Year 2024-2025, is attached hereto as Exhibit A and is hereby approved. SECTION 4. The tax 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. SECTION 5. The Deputy City Clerk, or designee, is hereby directed to transmit a copy of this resolution, together with such other information as may be required for placement of the tax on the County property tax bills, to the Department of Auditor- Controller of the County of Los Angeles. SECTION 6. The City Administrator, or designee, is hereby authorized to amend the aforesaid list to add any parcel subject to the Tax omitted therefrom, with said Tax calculated at the rate of $40.081 per 100 square feet of gross area of land (or $0.40081 DocuSign Envelope ID: 7F1B7598-77BE-426B-B510-1E3048544E74 Resolution No. 2024-14 Page 2 of 11 _______________________ per square foot of taxable parcel area of land), and to delete any parcel erroneously included. SECTION 7. The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED June 18, 2024. JUDITH MERLO, Mayor ATTEST: YONNIE PARKER, Deputy City Clerk seal) APPROVED AS TO FORM: ZAYNAH N. MOUSSA, City Attorney I CERTIFY THAT RESOLUTION NO. 2024-14 was passed and adopted by the City Council of the City of Vernon at the Regular Meeting on June 18, 2024, by the following vote: AYES: 5 Council Members: Larios, Lopez, Rivera, Ybarra, Merlo NOES: 0 ABSENT: 0 ABSTAIN: 0 YONNIE PARKER, DEPUTY City Clerk seal) DocuSign Envelope ID: 7F1B7598-77BE-426B-B510-1E3048544E74 City Council Agenda Report Meeting Date:June 18, 2024 From:Jessica Alcaraz, Financial Services Administrator Department:Finance Submitted by:John Lau, Accountant Subject Warehouse Special Parcel Tax Rate for Fiscal Year 2024-25 Recommendation A. Adopt Resolution No. 2024-14 determining the Warehouse Special Parcel Tax levied for Fiscal Year (FY) 2024-25 pursuant to Municipal Code Section 3.20.010; and B. Approve and authorize the Financial Services Administrator to execute an Agreement for Billing of Direct Assessments (Warehouse Special Parcel Tax) with the County of Los Angeles Auditor-Controller’s Office, in substantially the same form as submitted, for the collection and distribution of the Warehouse Special Parcel Tax for FY 2024-25. Background Ordinance No. 1057 was submitted to the electorate and duly approved at the April 14, 1998 Municipal Election, authorizing a special parcel tax to be levied on all parcels improved with a warehouse, truck terminal, freight terminal, and other distribution facilities at $1.00 per 100 square feet of gross land area. On November 16, 1999, the electorate duly approved Ordinance No. 1076 establishing a new maximum tax rate for the Warehouse Special Parcel Tax (Warehouse Tax) at $20.00 per 100 square feet of gross land area, adjusted annually based upon increases in the Consumer Price Index for All Urban Consumers (CPI-U), All Items Index, Los Angeles-Anaheim-Riverside Area (1982-84=100) (CPI) for the twelve-month period ending March 31 of each year. Proceeds of the Warehouse Tax may be expended only on: (i) construction, improvement and maintenance of streets, bridges and other public rights-of-way, including acquisition of land, and; (ii) police and fire protection services. The electorate expanded the use of the proceeds to include police and fire protection services at an election on August 31, 2010, which was adopted and ratified by Resolution No. 2010-133. The provisions for the Warehouse Tax imposed by the aforementioned Ordinances are codified in Vernon Municipal Code (VMC) Section 3.20.010. The Warehouse Tax is collected annually for each parcel, or part of a parcel, in Vernon that is subject to the Warehouse Tax as an assessment in the Los Angeles County property tax bill. However, the City Council sets the rate of the Warehouse Tax each year at a rate that does not exceed the maximum tax rate for the fiscal year. For FY 2023- 24, Resolution No. 2023-14 set the Warehouse Tax rate at $37.020 per 100 square feet of gross area of land. FY 2024-25 MAXIMUM WAREHOUSE TAX RATE CALCULATION Applying the CPI (Attachment 3) in the manner required by Section 3.20.010(d)(2) of the VMC, staff calculated the maximum Warehouse Tax rate for FY 2024-25 to be $40.08 per 100 square feet of gross area of land. The calculations are as follows: Multiply the tax rate ($20.00) by a fraction, the numerator of which is the CPI on the adjustment date and the denominator of which is the CPI for the period ending March 31, 1999. CPI March 31, 1999 = 165.00 CPI March 31, 2024 = 330.671 $20(330.671/165.0) = $40.081 per 100 square feet of gross area of land or $0.40081 per square foot of gross area of land. The maximum Warehouse Tax rate for FY 2024-25 is an approximate increase of 100.41% over the 1999 rate and approximately 4.03% over the FY 2023-24 maximum rate. For FY 2024-25, staff recommends that City Council impose a rate of $40.081 per 100 square feet of gross area of land, an increase of approximately 8.27% over the previous year’s rate. Pursuant to VMC Section 3.20.010(j), the tax is collected on the County of Los Angeles property tax bill. An agreement is required by the County of Los Angeles Auditor-Controller's Office for the City of Vernon to use the County's collection services. Pursuant to VMC Section 3.32.110 et seq., competitive bidding and competitive selection are not required because the services are provided by a government entity, and because the entity is the sole service provider. The Agreement for Billing of Direct Assessments (Warehouse Special Parcel Tax) was reviewed and approved as to form by the City Attorney's Office. Staff recommends that the City Council adopt the resolution setting the Warehouse Tax at the rate of $40.081 per 100 square feet of gross area of land for FY 2024-25 and approve and authorize the Financial Services Administrator to execute an Agreement for Billing of Direct Assessments with the County of Los Angeles Auditor-Controller's Office for the collection and distribution of the Warehouse Special Parcel Tax for FY 2024-25. Fiscal Impact Based on the proposed CPI-adjusted rate of $40.081 per 100 square feet of gross area of land, implementing the recommended action would increase the City's Warehouse Tax revenue from approximately $13.9 million to approximately $15.2 million, providing an additional $1.3 million for the FY 2024-25 budget. The County of Los Angeles Auditor-Controller charges $0.25 per assessment per parcel, plus a $50 processing fee for FY 2024-25. Corrections of direct assessments will be charged at a rate of $13 per parcel. Direct assessment billing charges are deducted from revenues forwarded by the County to the City on the December 20th advanced distribution. The estimated total cost, based upon the parcels subject to the Warehouse Tax is $174.75. Attachments 1. Resolution No. 2024-14 2. Agreement for Billing of Direct Assessments 3. Bureau of Labor Statistics Data Finance Department 4305 Santa Fe Avenue, Vernon, CA, 90058 CityofVernon.org DA Account #: 276.40, 276.41 AGREEMENT FOR BILLING OF DIRECT ASSESSMENTS This agreement is made and entered into between the Los Angeles County Auditor-Controller and City of Vernon to provide the service of placement of direct assessments on the Secured Tax Roll and distribution of collections to City of Vernon. I. PROPERTY TAX SERVICES Los Angeles County will place direct assessments on the Secured Tax Roll and distribute collections to City of Vernon at the same time and in the same manner as Los Angeles County property taxes are collected and distributed. City of Vernon will adhere to the policies and procedures established by the Los Angeles County Auditor-Controller as outlined in the Direct Assessment Submission Procedure Manual. Fee for Billing Services For billing of direct assessments, the Los Angeles County Auditor-Controller shall collect the following charge: DA Original Submission $0.25 per assessment per parcel For correction of direct assessments requested by City of Vernon after extension of the tax roll, the Los Angeles County Auditor-Controller will collect $13.00 per correction. The Los Angeles County Auditor-Controller will charge an additional fee for extended services provided to City of Vernon that are outlined in the Auditor-Controller Direct Assessment Submission Procedure Manual. II. COLLECTION OF AUDITOR-CONTROLLER FEES Direct Assessment billing charges are collected once a year, on the December 20th advance distribution. Any additional charges are deducted on the next available distribution of monies. Agreement for Billing of Direct Assessments Page 2 Page 2 of 3 III. ACCOUNTING SERVICES The Los Angeles County Auditor-Controller has available a report of direct assessments levied for the tax year by parcel and will be provided to City of Vernon. Accounting Services beyond this will be considered extended services and will be subject to additional charges and fees. IV. MODIFICATION OF COLLECTION FEES AND CHARGES The Los Angeles County Auditor-Controller reserves the right to increase or decrease any charges herein provided, in proportion to any changes in costs incurred by the Auditor-Controller in providing the services described herein, provided that written notice of any increase or decrease in charges is given to City of Vernon. V. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW The authority for such levy, (i.e. resolution, ordinance or election), shall accompany requests for the levy of direct assessments. City of Vernon warrants that the taxes, fees, or assessments imposed by City of Vernon and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to Articles XIIIC and XIIID of the California Constitution (Proposition 218). City of Vernon hereby releases and forever discharges Los Angeles County and its officers, agents and employees from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of City of Vernon responsibility under this agreement or other action taken by City of Vernon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. City of Vernon agrees to and shall defend, indemnify and hold harmless Los Angeles County and its officers, agents and employees (“indemnified parties”) from any and all claims, demands, liabilities, costs and expenses, damages, causes of action and judgments, in any manner arising out of any of City of Vernon responsibility under this agreement, or other action taken by City of Vernon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement. City of Vernon agrees that Los Angeles County may offset the amount of any claims, demands, liabilities, costs and expenses, damages, causes of action and judgments, in any manner arising out of any of City of Vernon responsibility under this agreement, or other action taken by City of Vernon in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees, or assessments as contemplated in this agreement incurred or paid by Los Angeles County or by any indemnified party, from any monies collected by Los Angeles County on City of Vernon behalf, including property taxes, special taxes, fees, or assessments. Los Angeles County may, but is not required to, notify City of Vernon of its intent to implement any offset authorized by this paragraph. Agreement for Billing of Direct Assessments Page 3 Page 3 of 3 VI. TERMS OF AGREEMENT All existing agreements between Los Angeles County Auditor-Controller and City of Vernon pertaining to the collection of direct assessments shall be terminated upon the execution of this agreement. This agreement shall continue from year to year and shall be subject to cancellation by either party by giving a thirty-day written notice to the other party of cancellation. VII. COUNTERPARTS AND ELECTRONIC SIGNATURES AND REPRESENTATIONS This agreement may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same agreement. The facsimile, email or electronic signature of the parties will be deemed to constitute original signatures, and facsimile or electronic copies hereof will be deemed to constitute duplicate originals. The Los Angeles County Auditor-Controller and the City of Vernon hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on records required by the Los Angeles County Auditor- Controller for providing the services described herein (e.g., i.e. resolution, ordinance, election records, agency information sheet, or data transmittal) and received via communications facilities (facsimile, email or electronic signature), as legally sufficient evidence that such legally binding signatures have been affixed to agreement. AUTHORIZED SIGNEE: ☐ Director of Finance ☐ Manager ☐ Authorized Consulting Agent ☐ Other (please specify Title): ______________________________ Authorized Signature: ____________________________________ Date: _____________ Authorized Name: ____________________________________ PRINT NAME ___________________________________________________________________________ For Auditor-Controller Use Only Approved Signature: ____________________________________ Date: _____________ SECTION MANAGER Approved Name: ____________________________________ PRINT NAME WAREHOUSE SPECIAL PARCEL TAX CPI - MARCH A BASE B INCREASE FROM INCEPTION (A/B)-1 %CPI % Increase from Previous Year Maximum Tax Rate $.20*(CPI/Base CPI) Proposed Tax Rate Increase from Previous Year % 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 330.671 317.873 306.679 282.648 276.589 271.311 264.158 254.525 247.873 243.738 242.491 239.995 165 1.004067 0.926503 0.858661 0.713018 0.676297 0.644309 0.600958 0.542576 0.502261 0.477200 0.469642 0.454515 100.41% 92.65% 85.87% 71.30% 67.63% 64.43% 60.10% 54.26% 50.23% 47.72% 46.96% 45.45% 4.026136% 3.650071% 8.502094% 2.190615% 1.945369% 2.707849% 3.784697% 2.683632% 1.696494% 0.514246% 1.040022% 1.288928% 0.40081 0.38530 0.37173 0.34260 0.33526 0.32886 0.32019 0.30852 0.30045 0.29544 0.29393 0.29090 0.40081 0.37020 0.35716 0.34260 0.33526 0.32886 0.32019 0.30852 0.30045 0.29544 0.29393 0.29090 0.08269 0.03650 0.04250 0.02191 0.01945 0.02708 0.03785 0.02684 0.01696 0.00514 0.01040 0.01288 8.269100% 3.650071% 4.250000% 2.190615% 1.945369% 2.707849% 3.784697% 2.683632% 1.696494% 0.514246% 1.040022% 1.288301% 165 165 165 165 165 165 165 165 165 165 165 PUBLIC SAFETY SPECIAL PARCEL TAX CPI - MARCH A BASE B INCREASE FROM INCEPTION (A/B)-1 %CPI % Increase from Previous Year Maximum Tax Rate 0.03683*(CPI/Base CPI) Proposed Tax Rate Increase from Previous Year % 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 330.671 317.873 306.679 282.648 276.589 271.311 264.158 254.525 247.873 243.738 242.491 239.995 317.873 317.873 239.995 239.995 239.995 239.995 239.995 239.995 239.995 239.995 239.995 239.995 0.040261 0.000000 0.277856 0.177725 0.152478 0.130486 0.100681 0.060543 0.032826 0.015596 0.010400 0.000000 4.03% 0.00% 27.79% 17.77% 15.25% 13.05% 10.07% 6.05% 3.28% 1.56% 1.04% 0.00% 4.026136% 3.650071% 8.502094% 2.190615% 1.945369% 2.707849% 3.784697% 2.683632% 1.696494% 0.514246% 1.040022% 0.000000% 0.03831 0.03683 0.03834 0.03533 0.03457 0.03391 0.03302 0.03182 0.03098 0.03047 0.03031 0.03000 0.03831 0.03683 0.03683 0.03533 0.03457 0.03391 0.03302 0.03182 0.03098 0.03047 0.03031 0.03000 0.04026 0.00000 0.04250 0.02191 0.01945 0.02708 0.03785 0.02684 0.01696 0.00514 0.01040 0.00000 4.026136% 0.000000% 4.250000% 2.190615% 1.945369% 2.707849% 3.784697% 2.683632% 1.696494% 0.514246% 1.040022% 0.000000%