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HomeMy WebLinkAbout06-07-2006 SLO Council & Measure Ballot languageCITY OF SAII LUIS OBISPO GENERAL MUNICIPAL ELECTION NOVEMBER 7, 2006 NOMINEES FOR PUBLIC OFFICE Notice is hereby given that the following persons have been nominated for the offices mentioned below to be filled at the General Municipal Election to be held in the City of San Luis Obispo on the 7th day of November 2006. The names are listed in the order as they will appear on the November 7 , 2006, ballot. For the Office of Mavor (Vote for One) Donald E. Hedrick Christine Mulholland John R. Ewan Dave Romero For the Office of Council Member (Vote for Two) Terry Mohan Terry W. Conner Andrew Carter Allen K. Settle MEASURE TO BE VOTED ON Notice is hereby given that the following measure is to be voted on at the General Municipal Election to be held in the City of San Luis Obispo on Tuesday, November 7,2006: The polls will be open on Election Daybetween the hours of 7:00 a.m. and 8:00 p.m. Additional information regarding the election is available on the City's web site at www.slocity.org or by calling the City Clerk's office at78I-7I00 Audrey Hooper, City Clerk/City Elections Official Measure Y-06 San Luis Obispo Essential Services Measure: To protect and maintain essential services - such as neighborhood street paving and pothole repair; traffic congestion relief; public safety, including restoring eliminated traffic patrol, Fire Marshal and fire/paramedic training positions ; fl ood protection; senior citizen services/facilities ; neighborhood code enforcement; open space preservation and other vital general purpose services - shall the sales tax be increased by one- half cent for eight years only, with cltizen oversight and independent annual financial audits? Yes No Dated: October 21,2006 STATEMENT OF CANDIDATE FOR ciry,r Jlfl?,loo,.oo DONALD E. HEDRICK Age:60 0ccupation: Businessowner/Aftisan Welding Service Education and Qualifications: I am entering the race for Mayor of San Luis Obispo because I am concerned about the direction that our city government is taking - a move from being focused on our unique community and local needs to embracing more global special interests which threaten the character of this town, I have been an active member of this community for more than 30 years, As I built my artisan welding business I have also made it a priority to be involved in the local community. ln the mid seventies I served on local boards of directors on Grassroots ll and as EOC treasurer in the 1 975. ln the last decade I have been active as the neighborhood watch in my neighborhood. I am strongly connected to my community and my recent experiences with changes in neighborhood zoning and a general shift in the focus of our local government from local citizens to global interests have spurred me to action, I support the principles of slow and logical growth as embodied in our town's guiding principles for decades, I wish to represent the under represented factors in our society, I ask for your support to return our town to its local goals. s/ Donald E, Hedrick STATEMENT OF CANDIDATE FOR MAYOR City ol San Luis Obispo CHRISTINE MULHOLLAND Occupation: City Councilmember Education and Qualifications: You have twice elected me to the City Council and I have honored my commitments to you. I am running for Mayor to give you an alternative to candidates whose prodevelopment votes are indistinguishable. I am the only candidate whose votes prove protecting our environment and quality of life are my top priority, I am the only candidate who has consistently voted to uphold our General Plan that says new development should pay its own way. Residents should not be forced to subsidize new development. I am the only candidate to vote for preserving the character of our award winning downtown, Other candidates vote for buildings taller than our guidelines allow, which obscure hillside views and bring increased traffic to our downtown. I have consistently voted to protect neighborhoods as great places to live. I have worked to support local, independent businesses. Because of my votes, I have been endorsed by business owners, conservation groups and neighborhood associations. I have worked hard to bring different groups together to work successlully for our community's common good, I have earned the reputation of being a hardworking Councilmember. I ask for your vote so that I may continue to stand up for you. s/ Christine Mulholland STATEMENT OF CANDIDATE FOR MAYOR City of San Luis Obispo JOHN EWAN Occupation: Business Owne/City Council Member Age: 56 Education and Qualifications: As your Mayor, I will use my experience as a business owner (Pacific Energy Company, founded 1980), environmental advocate, former planning commissioner and B years City Councilman to move fonruard a clear and vital vision for our City. I will listen to and develop community-based solutions rather than imposing unresponsive government. We must be mindful of the economic, environmental and social implications of our decisions. With my understanding of economics and managed growth, I have demonstrated the ability to negotiate effectively and tackle complex issues. My contemporary approach to problem solving, which reflects the s$le of our community, creates solutions that implement our community's plans for tomorrow, Mayoral leadership does not put personal agendas ahead of community goals. I will put your money where it should be - guarding the safety of our community and improving our City's infrastructure. I will renew our focus on smart planning and quality of design as we move to build-out of our general plan. San Luis Obispo is a vibrant city that does not rest on its laurels or fear planning the future. I am the candidate with vision for our future. Contact me at 543-9445 or email john @ewanformayor.com s/John R. Ewan STATEMENT OF CANDIDATE FOR city.r sTll?,! oo',oo DAVE ROMERO Occupation: Mayor Education and Qualifications: As your current Mayor, Councilman for B years, and Public Works Director for 36, I've devoted over 48 years to protecting and enhancing our city's unique quality of life. I'm known for common sense, honesty, and keen negotiating skills. For years, l've worked closely with olficials from nearby cities (as Mayor and as League of Cities Division President), with the Supervisors, with Cal Poly, Cuesta, CMC, and our state and federal legislators. With my extensive background and reputation, I have unmatched qualifications to continue serving as Mayor. During my Mayor's terms, our city made major progress in addressing housing problems, obtaining a reliable long-term water supply, and in revitalizing downtown, Being retired, I can devote lulltime effort to city issues. I will follow through in resolving our water supply and housing needs, meeting downtown parking needs, revitalizing downtown, and protecting and preserving neighborhoods. I will continue to support acquisition of open space, improved Senior Center Facilities, an aggressive program to improve our streets, relieve traffic congestion, and improve our quality of life. I have dedicated my life to public service and will continue to be accessible to everyone. I look lorward to leading our City to an even better future. s/ Dave Romero CS-xxxx-1 STATEMENT OF CANDIDATE FOR MEMBER OF CITY COUNCIL City ol San Luis Obispo TERRY MOHAN Occupation: Truck Driver Age: 52 Education and Qualifications: I moved to San Luis Obispo, with my wife and daughter, in 1994. We arrived here from Buffalo, NY with no jobs and less than $3000, We've worked hard to establish ourselves in the city we loved at first sight, We were attracted to San Luis Obispo because of it's small city character. I feel that this quality is being eroded by the decisions of the cunent City Council. lf given the opportunity to represent you on the San Luis Obispo City Council I will work to represent your needs by controlling taxes and spending, working to secure more workforce housing, make new development pay for itself and help to maintain the quality of life that is so important to the residents of our City, and my family. Please cast your vote for me and help me continue to keep San Luis Obispo as the place everyone else emulates, s/ Terry Mohan STATEMENT OF CANDIDATE FOR MEMBER OF CITY COUNCIL City of San Luis Obispo TERRY W. CONNER Occupation; City Council Candidate, City of San Luis Obispo Age: 59 Education and Qualifications: lmoved to San Luis Obispo in 1953 when my father enrolled at Cal Poly, I attended local public schools, graduated from San Luis Obispo High School in 1965, and obtained my Bachelor of Science Degree in Journalism from Poly in 1971. My wife, Stephanie, and I manied in 1967. While attending Poly, we started our family, worked full-time and I made time to compete in wrestling and rugby. Our sons, Michael, 38 and Christopher, 36 also attended local schools. l've owned T&S Enterprises for 28 years as a multi-faceted recycling business. Since 2005, the business focus is on media advertising and marketing. Stephanie is an administrative assistant at a local school. Active in SLO since 1976,|'ve concentrated on various youth athletic and recreational development programs, our City parks, and have served as treasurer on several political campaigns, I will strive to enhance business growth and regional transportation, improve senior services and college student-community relations, and seek solutions for affordable housing. I am a good listener and positive thinker! Energetic, mature and dedicated to the City of San Luis Obispo, I wish to be more active in our City's future, and maintain my sense of humor, I am the Common Sense Candidate! s/ Terry W. Conner STATEMENT OF CANDIDATE FOR MEMBER OF CITY COUNCIL City of San Luis Obispo ANDREW CARTER Age:49 Occupation: Planning Commissioner Education and Qualifications: I'm a downtown businessman, husband, father of school-aged children, and community volunteer, I've run twice before for City Council and been endorsed both times by The Tribune. l'm a member of the San Luis Obispo Planning Commission and the Chamber of Commerce's Economic Development Committee. I've served on the boards of the Workforce Housing Coalition, Hesidents for Quality Neighborhoods, and the United Methodist Children's Center. l'm a long-time Girl Scout volunteer. My key interests are affordable housing and neighborhood quality, I've supported senior housing and recreation projects, on-campus housing at Cal Poly, and the Orcutt area and Margarita area specific plans, I support code enforcement, traffic calming, and pedestrian safety projects in our neighborhoods. I'm an avid hiker and outdoorsman. I support open space preservation of our hills, creeks, and greenbelt. I've supported expansion of our bike trails and bus service, I have a bachelo/s degree from Princeton University and an MBA from the Wharton School of Business, ln six years of attending City Council meetings, l've been a strong advocate for prudent fiscal management. Please vote Andrew Carter for San Luis Obispo City Council. Thank y0u, s/ Andrew Carter I am running for a council seat to continue management, road repair, senior services, public housing opportunities, careful financial planning and growth management policies. STATEMENT OF CANDIDATE FOR MEMBER OF CITY COUNCIL City of San Luis Obispo ALLEN K. SETTLE Occupation: Council member/Educator Education and Qualifications: I have lived in San Luis Obispo for 36 years. I am currently a member of the council and a professor specializing in municipal government, finance, law and public administration. My service record covering a period of twenty- nine years includes city planning commissioner, city council member and mayor, improved traffic safety services, careful land use I strive to reconcile environmental and business concerns with emphasis on maintaining the small town atmosphere that makes San Luis Obispo such a genuinely attractive place to live and work. I support city control of land use surrounding the city. I support the green belt around the city and watenrvay habitat preservation. I am a member of the Local Agency Formation Commission and Airport Land Use Commission. I have worked to improve intergovernmental relations with other cities, the county, the schools, and the university. I have also worked for neighborhood preservation and continued communication with neighborhood associations, Help me achieve these goals and objectives. I ask for your vote to be re-elected to council on November 7th. s/ Allen K. Settle CS-xxxx-1 Aud H r - PR Y-06.doc CITY OF SAN LUIS OBISPO FULL TEXT OF MEASURE Y.O6 ORDINANCE N0. 1495 (2006 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 3.15 TO THE MUNICIPAL CODE, "ESSENTIAL SERV|CES TRANSACTToNS (SALES) AND USE TAX," TO SUNSET IN EIGHT YEARS, WITH CITIZEN OVERSIGHT AND INDEPENDENT ANNUAL FINANCIAL AUDITS, TO BE ADMINISTERED BY THE STATE BOARD OF EOUALIZATION WHEREAS, the City of San Luis Obispo is lacing significant fiscal challenges in providing essential community services such as neighborhood street paving and pothole repair, traflic congestion relief, police protection, fire and paramedic services, tlood protection, senior citizen services and facilities, neighborhood code enforcement, open space preservation and olher vital general purpose services; and WHEREAS, this is largely due to State budget takeaways, which have cost the City more than $22 million over the last 15 years, and now costs the City $3 million each and every year; and WHEREAS, Proposition 1A, adopted by the voters of California in November 2004, helps protect the City lrom additional State takeaways in the future, it does nol restore any of lhe past or cunent State takeaways; and as such, the City conlinues to lose $3 million each and every year in State budget takeaways, and this is going to be the case indefinitely into the luture; and WHEREAS, in responsibly balancing its budget, the City has been forced lo cut back significantly on essenlial community seruices, such as reducing overall inlrastructure maintenance by 50%; cutting street paving and pothole repair by 67% (which meanl eliminating the neighborhood street paving and pothole repair program); reducing sworn police positions (including traflic enforcement); removing virtually all City funding for llood protection or storm drain maintenance projects; disconlinuing City funding for open space preservation (which has been successlul in the past in leveraging over $7 million in grants and olher outside lunding sources); and cutting other vital general purpose services; and WHEREAS, while it has been prudenl to do so in the past as a stop-gap measure, the City cannot continue to use its reserves in mitigating even deeper cuts to essential services; and WHEREAS, new revenues will be needed in order lo restore cuts in essential services and provide vital general purpose services in the future; and WHEREAS, a City-adopted sales lax is an appropriale way of adding new funds, since: the cunenl sales tax rate in the City is the lowest in the State, and as such, even with an increase ol /a-cent, it will be equal to or lower lhan the rate paid by 85% ol the State's residenls; it is broad-based and does not single-out any one type of consumer, business or industry; basic commodities and services like housing, lood and prescription drugs are exempl from sales taxes; and over 50% of the proceeds will be paid by non-residenls. NOW, THEREFORE, BE lT ORDAINED by the Council and the Voters of the Cily ol San Luis Obispo as follows: SECTION 1. TITLE. This ordinance shall be known as the "City ol San Luis Obispo Essential Services Transactions (Sales) and Use Tax Ordinance." The City of San Luis Obispo hereinafter shall be called the "City." This ordinance shall be applicable in the incorporated territory of the City. SECTION 2. PURPOSE. This ordinance is adopted to achieve the following, amonlTihEllurposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. To protect and maintain essential services - such as PR-xxxx-1 neighborhood street paving and pothole repair; trallic congestion relief; public satety, including restoring eliminated traffic patrol, Fire Marshal and lire/paramedic training positions; llood protection; senior citizen services and facilities; neighborhood code enforcement; open space preservation; and other vital general purpose services - by establishing a general purpose retail transactions and use tax ol one-half percent in accordance with the provisions ol Part 1.6 (commencing with Section 7251) ol Division 2 o{ the Revenue and Taxation Code and Section 7285.9 ol Part 1.7 oJ Division 2, which authorizes the City to adopt this general purpose tax ordinance, which shall be operative il twothirds ol the Council and a majority vote of the electors voting on the measure, vote to approve the establishment of this new general purpose revenue source at an election called lor that purpose. B. To adopt a retail transactions and use tax ordinance thal incorporates provisions identical to those ol the Sales and Use Tax Law ol the State of California insolar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 ol Division 2 of lhe Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therelore that can be administered and collected by the State Board of Equalization in a manner that adapts itsell as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures lollowed by lhe State Board ol Equalization in administering and collecting the Calilornia State Sales and Use Taxes, D. To adopt a retail lransactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions ol Part 1.6 of Division 2 of the Revenue and Taxalion Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance. SECTION 3, EIGHT'YEAR SUNSET. The authority to levy the tax imposed by thE-oidinance shail expire eight yedrs lrom the operative dale ol this ordinance, unless extended by the voters.' SECTION 4. FISCAL ,ACCOUNTABILITV PROVISIONS: CITIZEN OVERSIG involvement as a fundamental principle ol good government, specilic citizen oversight and fiscal accountability provisions are hereby established as follows: A. lndependent Annual Financial Audit, The amount generated by this new general purpose revenue source and how it was used shall be included in the annual audit of the City's financial operations by an independent certified public accountant. B. lntegration of the Use of Funds into the City's Budget and Goal-Setting Process. The estimaled revenue and proposed use of funds generated by this measure shall be an integral part ol the City's budget and goal selting process, and significant opportunities will be provided for meaninglul participation by citizens in determining priority uses ol these funds. C. Annual Community Report. A written report will be provided annually to every household in the community detailing how much revenue is being generated by the measure and howlunds are being spent, D. Annual Citizen Oversight Meeting. An invitation will be extended each year to lhe entire community inviting them to participate in a torum to review and discuss the use ol the revenue generated by this measure, City stall will also be available to meet with any group thal requests a specific briefing with their members to discuss and answer questions about the revenues generated by lhe measure and their uses, SECTIONS. TRANSACTIONS (SALES) TAX RATE. For the privilege ol selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory ol the City at the rate of 0.5% ol the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and alter the operative date ol this ordinance. SECTION 6. USE TAX HATE. An excise tax is hereby imposed on the storage, use o-I6ihe-r consu-6-ption in the City of tangiblir peisonal Aud Hboper - PR Y-06.doc as though lully SECTION 11. set forth herein Page 2 property purchased lrom any retailer on and after the operalive date of this ordinance tor storage, use or other consumption in said tenitory at the rate ol 0.5% of the sales price ol the property. The sales price shall include delivery charges when such charges are subject to state sales or use lax regardless ol the place to which delivery is made. SECTION 7. OPERATIVE DATE. "Operative Date" means the first day ol the lirst calendar quarler commencing more than 110 days alter the adoption ol lhis ordinance: April 1, 2007. SECTION 8. CONTRACT WITH STATE. Prior to the operative date, the City shallcontract witF-ih-e-Si6i6-Board ol Equalizhtion to perform all lunctions incident to the administration and operation ol this transactions and use tax ordinance; provided, that il the City shall not have conlracted with the State Board ol Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the lirst day of the lirst calendar quarter lollowing the execution ol such a contract. SECTION L PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business ol the retailer unless the tangible personal property sold is delivered by the retailer or his agent lo an out-of-state destination or t0 a common carrier for delivery to an out-of-siate destination. The gross receipts lrom 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. ln the event a retailer has no permanent place of business in the State or has more than one place ol business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. SECTION 10. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwis they are inconsistent with the provisions ol Part 1.6 of Division 2 ol the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance. SECTION 13. EXEMPTIONS AND EXCLUSIONS. The following transaction shall be exempted and excluded: A, There shall be excluded lrom the measure of the transactions tax and the use tax the amounl ol any sales lax or use tax imposed by the Stale ol Calilornia or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount ol any state-administered transactions or use tax. B. There are exempted lrom the computation ol the amount ot transactions tax the gross receipts from: 1. Sales ol langible personal property, other than fuel or petroleum products, to operators ol aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use ol such aircralt as common carriers of persons or property under the authority ol the laws of this State, the United States, or any loreign government. 2. Sales of property to be used outside the City which is shipped to a point oulside the City, pursuant to the contract ot sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a canier for shipment 1o a consignee at such point. For the purposes ot this paragraph, delivery to a point outside the City shall be satislied: a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 ol the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by regislration to an oul-ol-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place ol residence; and b. With respect to commercial vehicles, by regislralion to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale ol tangible personal property il the seller is obligated to furnish the property for a lixed price pursuant to a contract entered into prior to lhe operative date ol this ordinance. 4. A lease ol tangible personal property which is a continuing sale of such property, for any period ol time lor which the lessor is obligated to lease the property lor an amount fixed by the lease prior to the operative date of this ordinance.' 5. For the purposes ol subparagraphs (3) and (4) of this section, lhe sale or lease ol tangible personal property shall be deemed not to be obligated pursuant to a contract or lease lor any period of time lor which any party io lhe contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. C. There are exempted from the use tax imposed by this ordinance, lhe storage, use or other consumption in this City of tangible oersonal DroDertv:' '1.'Thd gross receipts lrom the sale ol which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than luel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in lhe use of such aircraft as common carriers of oersons or or6nertv lor hire or compensation under a certilicate of bublic conveniehce'and necessity issled pursuant to lhe laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of lhe Revenue and Taxation Code of the State of California. 3. ll the purchaser is obligaled to purchase the property for a fixed price pursuant lo a contract entered into prior to the operative date of this ordinance. 4. lf the possession of, or the exercise ol any right oI pov/er over. the tanoible oersonal propertv arises under a lease which is a continuing puicfrasb ol such'property lor any period of time lor which ue axation A. Wherever the State of California is named or relened to as the taxing agency, the name ol this City shall be substituted therelor. However, the substitution shall not be made when: 1. The word "State" is used as a part ol the tille of the State Controller, State Treasurer, State Board of Control, State Board ol Equalization, State Treasury, or the Constitution ol the State of California; 2. The result ol that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather lhan by or against the State Board ol Equalization, in pedorming the functions incident to the administration or operation of this Ordinance. 3. ln those sections, including, but not necessarily limited to sections relening to the exterior boundaries of the State of California, where the result of the substitution would be to: a, Provide an exemption lrom this tax with respect lo certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the Slate under the provisions ol Part 1 ol Division 2 ol the Revenue and Taxation Code, or; b. lmpose this tax with respect to certain sales, storage, use or other consumption of tangible personal property, which would not be subject to tax by the state under the said provision ol that code. 4, ln Sections 6701, 6702 (except in the last sentence thereof), 671 1, 671 5, 6737,6797 or 6828 of the Revenue and Taxation Code, B. The word "City'' shall be substituted lor the word "State" in the phrase "retailer engagjed in business in this State" in Section 6203 and in the delinition ol that phrase in Section 6203. SECTION 12, PERMIT NOT REQUIRED. ll a selle/s permit has PR-xxxx-2 Aud H'oo - PR Y-06.doc the lessee is obligated to lease the property for an amounl lixed by a lease prior to the operative date of this ordinance. 5. For lhe purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise ol any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contracl or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the conlract or lease upon notice, whether or not such right is exercised. 6, Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collecl use tax from lhe purchaser ol langible personal property, unless lhe retailer ships or delivers the propefiy into the City or padicipates within lhe City in making the sale of the property, including, but nol limited to, soliciting or receiving the order, either directly or indirectly, at a place ol business oJ the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority ol the retailer. 7. "A retailer engaged in business in the City" shall also include any relailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax lrom any purchaser who registers or licenses the vehicle, vessel or aircralt at an address in the City. D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement lor transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 ol Division 2 ol lhe Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumplion ol which is subject to lhe use tax. SECTION 14. AMENDMENTS. All amendments subsequent to the effective oate ol-this ordinance to Part 1 ol Division 2 ol lhe Revenue and Taxation Code relating to sales and use taxes and which are nol inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 ol the Revenue and Taxation Code, shall automatically become a part ol this ordinance, provided however, that no such amendmenl shall operate s0 as to affect the rate of tax imposed by this ordinance. SECTION 15. ENJOINING COLLECTION FORBIDDEN. No injunction or writ ol mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any olficer of the State or the Cily, lo prevenl or enjoin the collection underthis ordinance, or Part 1.6 of Division 2 of the Flevenue and Taxation Code, of any tax or any amounl of tax required to be collected. SECTION 16. SEVERABILITY. lf any provision ol this ordinance or the application thereof to any person or circumstance is held invalid, the remainder ol the ordinance and the application of such provision to other persons or circumstances shall not be aflected thereby. SECTION 17. EFFECTIVE DATE. This ordinance relates to the levyingTnd-coltectng ol the City transactions and use taxes and shall take eflect immediately. SECTION 18. CODIF|CAT|ON. Upon adoption ol this Ordinance by the voters, the eityTiEik, in consuitation with the City Attorney, is hereby authorized and directed to codify lhis Ordinance in the City's MunicipalCode. IMPARTIAL ANALYSIS OF MEASURE Y.O6 lf approved by a majority of the voters voting on the measure, Measure Y-06 will authorize an additional /2-cent sales tax within the City of San Luis Obispo. This /z-cent sales tax would be a "general- PR-xxro<-3 purpose tax," meaning lhat the revenue raised from the tax would go into the City's general fund and could be used for any municipal governmental purpose. Municipal governmental purposes encompass street paving, traltic congestion relief, police protection, lire and paramedic services, flood protection, senior citizen services, open space preservation, and other governmental functions and services. The City would not be bound to use these tax monies lor any special purpose or for any particular projects, facilities or programs, California Revenue and Taxation Code section 7290 authorizes the City of San Luis Obispo to levy a transactions and use tax (sales tax) al a 0.5 percent (lzz-cent) rate so long as the tax is approved by twothirds ol the City Council and a majority ol the voters voting in an election on that issue. The City Council unanimously approved this tax on August 1, 2006. lf approved by the voters, the Measure Y-06 sales tax would become elfective on April 1, 2007, This /z-cent sales tax would be paid in addition to currenl sales taxes. The current sales tax within the City (including state and local sales taxes) is 7.25 percent, ll Measure Y-06 is approved by the volers, the total sales tax would be 7.75 percent. This /z-cent sales tax would be collected at the same time and in the same manner as existing sales taxes. Measure Y-06 contains the lollowing liscal accountability provisions to assisl citizens in assessing il the additional sales tax revenues have been used in meeting community priorities: 1) the amount generated by the new revenue source and how it was used shall be included in the annual audit ol the City's financial operations by an independent certified public accountant; 2) the estimated revenue and proposed use ol funds generated by this measure shall be a part of the City's budget and goal setting process, which provides lor participation by citizens in determining priority uses ol these funds; 3) an annual written report will be provided to every household in the City explaining how much revenue is being generated by the measure and how funds are being spent; and 4) a citizen oversight meeting will be scheduled annually to allow for review and discussion ol the use ol revenue generated by this measure. The lz-cent sales tax would sunset and be repealed in eight years, and could not be collected after that time unless a maiority ol the voters voting in an election on that issue approves an extension or re- authorization of the lax, Bespectlully submitted, s/Jonathan Lowell City Attorney 3 - PR Y-06 Page 4 ] r YES 0N Y ensures essential programs and facilities for our growrng senr0r YES 0N Y ala Argument in Favor of Measure Y.06 !_(qqp Sal Luis Obispo our special place. For the luture of SLO, vote YES 0N Y. The State has taken away $22-million lrom SLO during the past 15 years and continues to take $3-million every year lo balancie its budget, These takeaways have lorced SLO lo cui eis'ential services.: YES ON Y gives San Luis Obispo local control - all funds generated will remain here.. YES 0N Y restores essential neighborhood services, such as street paving and pothole repair,. YES 0N Y helps relieve traflic congestion.r YES ON Y ke'eps our communityiale by restoring police and fire positions that had to be cut.. YEI 0N Y provides urgenlly needed money for llood proteclion and storm drain repair, Argument Against Measure Y.06 ls it true San Luis Obispo cannot provide basic citizen seruices without raisino our sales tax? With yedrs of service inside City government, we are dubious, We see .nonessential spending. We believe San Luis Obispo's "money problem" is more about priorities than finances. Here's why. Traditionally, city government exists to provide iesidents with important things we cannot provide ourselves, ln San Luis Obispo, these "basic services" include utilities, streets, parks, open space preservation, llood control, police and fire service. These are the fundamental reasons we have a City government. Providing basic services to residents must come lirst. ln San Luis Obispo, however, the City lrequently considers its "customers" to be developers and a lew vesled commercial interests. "Service" means making them happy. Government has come to mean deals and subsidies for developers, endless costly rewriting ol regulations to weaken pgpular environmental and neighborhood protections, promoting development many citizens don't want, and well-paid staff to support.and advocate lor developers. These items now compete linancially with providing basic citizen services, San Luis Obispo must not regard basic citizen services as a sideline - as things residents should pay extra lor il they really want them -- rather than its topmost priority. We believe San Luis Obispo has distorled spendino priorities. We believe our City needs to get back to basics -- io makE residents its "customers," and provide_services for residents first. Please join us in sending this message to Cily Hall. Please vote no on Measure Y. s/ Peg Pinard, Former Mayor/Former County Supervisor s/ Richard Schmidt, Former Planning Comniissioner Rebuttal to the Argument Against Measure Y.06 ln 2005 San Luis Obispo convened an independent ad hoc citizen's advisory committee to assess the financial condition ol the cily, The citizen's committee found that on-going linancial raids from politicians in Sacramento have signilicantly allected San Luis Obispo. These raids have accounted for losses of $22 million over the last decade resulting in:* service reduclions in every city deparlment,* a67% reduction in street paving and road maintenance- elimination ol 25 lull time positions including sworn police officers* Almost total depletion of Open Space protection fund Despite these hardships, San Luis Obispo's budget is extremely well mariaged. The city routinely receives n'ational a"nd state awards for linancial managemenl and reporting. After reviewing a detailed survey comparing similar cities, a Tribune headline concluded: SLO Often Does More, Spends Less Than Other Cities. Unlortunately, we are at a point where our quality ol life will deteriorate with deeper cuts. A modest revenue increase with strict accountabilitr7 provisions is the most sensible means by which to maintain San Lui6 Obispo's quality of lile and services. Measure Y includes the lollowing laxpayer protections: 1. An independent annual financial audit to be made available to the public; 2, An annual community report mailed to every SLO residence; 3. An annual citizen oversight meeting; 4. An eight year "sunselr provision-'requiring that SLO residents evaluale and affirm this additional revenue by a vote ol the people. Protect and preserve the "SLO Life." Vote YES on Measure Y. si Mary Verdin, Chair, Chamber of Commerce s/ Karen Meniam, Chair, Santa Lucia Chapter Siena Club s/ Piene Rademaker, Past President, SLO Downlown Association s/ Amy Kardel, Ad Hoc Citizen's Advisory Committee Member s/ Ken Schwartz, lormer Mayor of San Luis Obispo, Ad Hoc Citizen's Advisory Committee Member protection and population, lows lhe City acquisition, to restore a program funding lor open space that has been all but eliminated in recent si Mary Verdin, Chair, Chamber of Commerce si Karen Meniam, Chair, Santa Lucia Chapter Siena Club s/ Piene Rademaker, Past President, SLO Downtown Association s/ Agatha Reardon, Vice President, SLO Senior Citizens Center s/ Sandi Sigurdson, Executive Direclor, SLO Symphony Rebuttal lo Argument in Favor of Measure Y.06 Proponents paint an appealing picture of how San Luis Obispo will use Measure Y revenues. Bul "promises" about use ol Measure Y funds are unenforceable. $2.4 million cash Valuing a City parking lot $1.5 million instead of itsr Rebale of most new properly tax lrom the development for 30 years. Basic resident services should be San Luis Obispo's first priority, Please send a message to City Hall to put lirst things lirst. Please vote no on Measure Y. s/ Peg Pinard, Former Mayor/Former County Supervisor s/ Richard Schmidt, Former Planning Commissioner PR-xxxx-4