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R-6178 e RESOLUTION NO. 6178 - ---=-- (CITY COU~CTL SERIES) A RESOLUTIOK OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA, CALIFORNIA, SUBMITTING TWO QUESTIONS TO THE QUALIFIED ELECTORS OF SAID CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 14, 1981. WHEREAS, under the provisions of the Charter of the C1ty of Santa Monlca, a regular general municlpal election shall be held on April 14, 1981; WHEREAS, the City Council of said City desires to submit to the qualified electors of said City at said electioF-the two questions hereinafter set forth; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAKTA MOKICA DOE~ HEREBY RESOLVE, DECLARE, DETE~~INE AND ORDER AS FOLLOWS: SECTION 1: That said City Council, pursuant to its right and authority so to do, does hereby deter~ine that there shall be and there is hereby ordered submltted to the quallf1ed electo~of said City at the regular general municipal election to be held April 14, 1981, the following ~wo questions (text of measures attached as Exhiblts A and B): Shall the City Charter be amended to add Article XIX, relating to Crime Control, providing for an 1ncrease of the City's spending I1ffilt of approximately $3,000,000 for each of the next four years and a reduction of the City property tax by 2~ for each $100 of assessed valuatlon? YES NO . . Shall the City Charter be amended to add Article XIX, relating to Police and Protective Services, providing for an increase of the City's spend- ing limit of approximately $3,000,000 for each of the next four years and requiring the adoption of a crime prevention program? YES . . NO . SECTION 2: That the ballots to be used at said election shall be, both as to form and matter contained thereln, such as may be re- quired by law to be used; that the Clty Clerk lS hereby authorized, lnstructed and directed to procure and furnish any and all supplies, prlnted matter, and equipment that may be necessary in order to properly and lawfully conduct said election; e . EXHIBIT A PROPOSED C~~RTER AMENDMENT Shall the City Charter be amended to add ArtIcle XIX, relating to Crime Control, providing for an increase of the CIty's spending lImit of approximately $3,000,000 for each of the next four years and a reduction of the City property tax by 2~ for each $100 of assessed valuation? * * * * * * * * * * * * * * Article XIX is hereby added to the City Charter of the CIty of Santa MonIca to read as follows: XIX MAJOR CRIME CONTROL AND TAX REDUCTION Section 1900: Findings and purposes: The escalation of serious crime in Santa Monica has reached such epidemic proportions as to endanger the lives and security of all citizens in the city, particularly the poor, disabled, and elderly. Traditional methods and current levels of staffing have failed to suppress these serious crimes. The United States Department of Justice has designated the most serious crimes as Part One Crimes which are Homicide, Rape, Robbery, Aggravated Assault, Burglary, Latceny-Theft, and Motor Vehicle Theft. The increase of commercial development in the city has resulted in greater burdens on law enforcement, but it has also produced and will continue to produce increased revenues in the form of sales taxes, license fees and lease revenues emanating from the proprietary functions of city government. A tax increase is not necessary to finance needed police protection. Recognizing that additional police officers alone will not reduce major crime to a sufficient degree, and that public participation is also needed, a property tax reduction is included to provide funding to enable property owners to install and maintain city approved crime and/or fire deterrent devices for their buildings, if they desire to do so. The purpose of this chapter is therefore to affirm the proposition that public safety is a primary purpose of city government, to provide a mechanism for the control of serious crime, and to set forth a means of financing crime control through increased revenues while at the same time reducing property taxes. Section 1901: Reduction in Santa Monica City property Tax: The Santa Monica City Property Tax shall be and hereby is reduced by 2 (two) cents per $100 (one hundred dollars) of assessed valuation to provide incentives to finance crime prevention systems. Lessors shall pass all such tax savings on to their tenants by reducing rents pro-rata in an amount equal to the tax reduction or in lieu thereof by the installation and maintenance of city approved fire and/or crime deterrent security devices for their buildings. (IMPORTANT: CHARTER AMENDMENT CONTINUED ON NEXT PAGE) r e " . Section 1902: Spending Limit Waiver: .. Notwithstanding any other provision of law and to implement the objectives of this chapter: 1. The spending limit provided for in Article XIII B of the California Constitution is hereby waived in an amount not to exceed $3,000,000 (three million dollars) for the first year plus an adjustment as provided for in Article XIII B Section 1 for each succeeding year of an overall four year period, after which time, the spending limit shall revert to that level which would otherwise exist had this charter amendment never been adopted unless this waiver is extended and renewed by a vote of the people in accordance with the State Constitution. 2. The funds provided herein are to be utilized on a strict priority basis for the reduction of Part One Crimes, shall not be utilized for salary increases except to the exten~ that a salary increase is otherwise negotiated, and funding previously utilized for Part One Crimes shall not be diminished or transferred to other purposes. 3. Each year prior to the preparation of the City Financial Audit, the Chief of Police shall prepare a report to the citizens of the City with reference to crime in the city. This report shall be submitted to the citizens without interference by any elected or appointed official, shall be audited by the city auditor as to its financial accuracy and the proper expenditure of funds consistent with the stated objectives herein, and which auditor shall evaluate the cost effectiveness with reference to stated goals of all police programs. 4. The Chief of police shall be primarily respons\ble for the creation and implementation of programs consistent with the stated objectives herein. 5. Prior to the expiration of this spending limitation, the City Manager shall prepare a report setting forth the revenue sources necessary to finance continuation of the programs financed through the expenditures provided for herein, analyzing the necessity of continuing or abandoning the spending limitation waiver, and recommending means whereby costs of operations may be decrea'sed. 6. This limitation shall not be construed to authorize unnecessary expenditures or to countenance wasteful fiscal practices. Where possible all expenditures shall be examined with a goal of ultimately eliminating the need for future spending limitation waivers through strict cost accounting procedures, elimination of unprofitable enterprise or proprietary functions, master leasing of property currently managed by city personnel and the transfer of non-governmental functions to the private sector. 7. If any section, partw clause, or phrase hereof is for any reason held to be invalid, the remaining provisions of this act shall not be affected but shall remain in full force and effect. (END OF CHARTER AMENDMENT) e . EXHIBIT B PROPOSED CHARTER AHEND?-,tENT Shall the City Charter be amended to add ArtIcle XIX, relatIng to Police and Protective Services. providing for an Increase of the CIty'S spending limit of approximately $3.000,OOOfor each of the next four years and requirI-lfg the adoption of a crime prevention program? * * * * * * * * * * * ArtIcle XIX is hereby added to the City Charter of the City of Santa Monica to re~d as follows: XIX. POLICE AND PROTECTIVE SERVICES Section 1900: Statem~nt of Purpose. This Article is intended to promote and facilItate additIonal police and other protectIve services necessary to reduce maJor crime in this CIty. It is intended to conflIct with and be in lieu of all other measures regarding crime reduction submitted to the voters at this election. SectIon 1901: Crime Prevention Program. Within nine months of the effec- tIve date of this ArtIcle, the City Council shall adopt, by ordinance, a comprehensive crime prevention program, intended to reduce major crime in the CIty. This program shall include, among other thIngs, prOVIsions for the optImum use of eXIsting and additional police and other law enforce- ment resources, plans to Improve the safety of streets and neighborhoods, and ways to encourage public involvement in the reduction of crIme. Follow- ing the adoptIon of the comprehensive crime preventIon program, the CIty Council shall appropriate the funds, if available, necessary to Implement the compre~ensive crIme prevention program. Section 1902: ExpendIture Limitation Increase. A. The City's expenditure limit fOT each of fiscal years 1981-82, 1982-83, 1983-84 and 1984-85 is increased by $3,000,000. This increase shall be adjusted each ye2r for changes In population and cost of liVIng as provided by State law. B. ApproprIation of funds that may be made available fOT spendIng by reason of Section Ashall be made for providing increased police and other protective services intended to control major crime and for no other purposeo C. The prImary Intention of this Section is to provide additional police and other protectIve services within the existIng framework of City government. (END OF CHARTER AHENDMENT) . e SECTION 3: The City Clerk IS directed to transmit a copy of saId measures to the City Attorney who shall thereafter prepare an ImpartIal analysis of the measures in accordance wIth SectIon 5011 of the CalIfornia Elections Code. SECTION 4: That the City Clerk shall certIfy to the passage and adoption of this ResolutIon and thenceforth and thereafter the same shall be in full force and effect. ADOPTED AND APPROVED thIS 13th day of January , 1981. If' (Od1ft ,II ~ fleLtuLV(~ - f>IAYOR' - t CJ / I ~ APPROVED AS TO FORM: .~ S~.. SL- Strk ACTI~~ CITY ATTORNEY I hereby ~ertify that the foregOIng Resolution No. 6178 was duly adopted by the Cl~y Council of the CIty of Santa Monica At a regular meeting thereof held on January 13, 1981, by the following Council vote: AYES: COUNCILMS~BERS: Yannatta Goldway, Jennings, Reed, Rhoden, Bambrick KOES: COUNCILMEMBERS: Scott ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None . ATTEST: ....- / / ~ }} r? / CC--1Lef .:~7 /LkJlUl~ _ TY CLERK