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HomeMy WebLinkAbout07/18/2006, BUS 5 - REVENUE BALLOT MEASURE IN NOVEMBER 2006 t councit Maw*D� 7-18-06 j acEnaa REpoRt 1�N CITY OF SAN LU I S O B I S P O FROM: Ken Hampian, City Administrative Officer Bill Statler, Director of Finance &Information Technology SUBJECT: REVENUE BALLOT MEASURE IN NOVEMBER 2006 CAO RECOMMENDATION 1. Adopt a resolution placing for submission to the voters a question relating to a general purpose 1/z-cent sales tax measure for a term of ten years at the general municipal election to be held on November 7, 2006. 2. Introduce an ordinance, subject to subsequent voter approval in November 2006, establishing a general-purpose 1/2-cent sales tax for a term of ten years. REPORT-IN-BRIEF Over the past twelve months, we have engaged the community in an in-depth discussion about the fiscal challenges facing us in providing essential services and the role of a revenue ballot measure in helping to address them. The time has now come to place this measure before the voters so they have the opportunity to directly participate in making this important decision about the community's future. In the final analysis, this measure is not about City finances and our budget. We have put our fiscal house in order. With the difficult cuts we have made beginning in 2003, the Council has made the tough decisions needed for "structural budget balance" for the long-term. But are the resulting cuts — like the 67% reduction in street paving — an acceptable level of service for the community in the long run? This is the question that will be in front of the voters by placing this measure before them in November: what kind of community do we want to be? • What kind of streets do we want? ® What kind of creek and flood protection do we want? ® How much traffic congestion do we want? ® What kind of playgrounds and activities for our youth do we want? ■ Do we want to continue protecting open space? ■ What kind of neighborhoods do we want? ■ What kind of emergency services do we want? ■ What kind of programs and facilities do we want for our seniors? Recommended Council Actions. Under State law, two actions are required to implement this new revenue source: approval of the implementing ordinance by two-thirds of the Council and majority voter approval. Accordingly, the recommended Council action includes adoption of a �r I Revenue Ballot Measure in November 2006 Page 2 resolution placing this measure before the voters in November 2006 (Attachment 1); and approval of the implementing ordinance (Attachment 2). DISCUSSION Background Like many other cities throughout California, San Luis Obispo faces difficult fiscal challenges that affect our ability to provide community services like neighborhood street paving, police protection, fire and paramedic services, traffic congestion relief, neighborhood code enforcement, creek and flood protection, open space preservation and senior programs. While there are a number of reasons for this on both the revenue and cost side of the fiscal equation, this has been largely due to State takeaways, which have affected every city in the State. These have cost the City $22 million over the past 15 years — with a continued takeaway of$3 million annually today (which is likely to continue indefinitely). Budget Impacts: Ongoing Service Cuts We have had to close annual budget gaps for three straight fiscal years: ■ $7.1 million in 2003-04 ■ Another$1.4 million in 2004-05 u Reserves ■ And another$2.1 million in 18% ° Capiw Program 2005-06 o New & cuts Increased 42% As reflected in the sidebar chart, we User Fees have closed these gaps largely14°ia Expenditure Cuts:68% through service cuts, which account for about 70% of the strategy we grain have used in closing almost $10 cuts million in budget gaps over the last 26% three years. In making these service reductions, every service City clerk area of the City has been affected: there have been Finance&rr no "sacred cows," with every department Council&Adnin experiencing reductions. However, these reductions l e,rran Resources have not been made on a simple "across-the-board" City Attorneybasis: they have been made based on service Co nrunity oev priorities, with the smallest cuts in front-line Parks&Recreation services like police, fire and public works; and the Public Works largest ones in support departments like the city clerk and finance & information technology. Police Fre For example, the sidebar chart shows the percentage °% M 2% ]% 4% 6% 6% r/ reductions in costs in each department in 2005-07. s-a Revenue Ballot Measure in November 2006 Page 3 As reflected in this chart, every department participated in cost reductions: no one was artificially protected from being part of the budget-balancing solution. On the other hand, front-line services like police, fire and public works had the smallest reductions, while support services had the largest ones. The same is also true in looking at staffing reductions. Over the last three years, the City has cut about 25.3 "full-time equivalent" General Fund positions in balancing our budget. As shown in the chart, every General Fund department experienced staffing cuts General Fund Staffing Cuts:Last Three Budget Years during this period; however, the reductions were not "across-the-board," Finance&IT ranging from 4% in the Police parks&Recreation Department at the low-end to almost 14% in the Department of Finance and Admin,Atty,Clerk&HR Information Technology. Fire Public Works Service Impacts of Budget Problems community Development The fiscal challenges facing the City Police translate directly into our ability to o% 2% 4% 6% era to% 12% 140/6 deliver essential services to the community. For example: ■ Sworn police positions have been cut, including traffic officers who help reduce accidents and manage traffic safety. ■ We do not have a full-time Fire Marshal nor a permanent Fire Training Officer for firefighters. These should be full-time regular positions in a community like San Luis Obispo. ■ We have suspended our neighborhood street paving program. As set forth in the 1998 Pavement Management Plan, we know we should be spending about $3 million annually to keep our streets in good repair. Under this plan, funding for street paving is allocated for three major purposes: arterial streets, downtown and neighborhoods. Of the $3 million "target" budget for paving, the lion's share — $2 million (67%) — is allocated for neighborhood paving. Under this program, the community is organized into 8 neighborhood paving areas, under which the needs of each area are addressed on ongoing cycle, moving from one neighborhood to the next each year. This approach allows for a pro- active maintenance approach while minimizing disruption in individual neighborhoods, by limiting paving (and other infrastructure improvements like sidewalks, water and sewer) to once every eight years. We have now completed one full cycle of the neighborhood paving program since the plan was adopted in 1998. With the completion of recent paving improvements in Area 8, funding for the neighborhood paving program has been suspended, given the City's fiscal situation. �-3 I, Revenue Ballot Measure in November 2006 Page 4 ■ There is virtually no City funding available for creek and flood protection. ■ We have been forced to discontinue City funding and support for open space acquisition, which has been successful in the past in leveraging over $7 million in grants and other outside funding sources. ■ There is only one Code Enforcement Officer in the City, a key concern in many neighborhoods. ■ Funding for cultural and social services has been reduced, affecting many local civic organizations and the important services they provide to our community. Why are we facing these fiscal challenges? There are a number of factors on both the revenue and cost side, including: ■ State budget takeaways. These have cost the City more than $22 million over the last 15 years, and now cost the City $3 million each and every year. Although Proposition 1A, adopted by the voters of California in November 2004, helps protect the City from additional State takeaways in the future, it does not restore any of the past or current State takeaways. As such, the City continues to lose $3 million each and every year in State budget takeaways, and this is going to be the case indefinitely into the future. ■ Insurance cost increases: general liability, property and workers compensation. ■ Tepid growth in key revenues. For example, transient occupancy tax revenues, which are our "Number 3" General Fund revenue (after sales and property taxes), were essentially flat for four consecutive years until 2005-06. ■ New service responsibilities, such as maintaining and operating the Damon-Garcia sports fields. ® Need to update critical emergency response communications, including our public safety dispatch center and radio system. ■ PERS investment losses. The perfect storm of 9/11, the dot.com blow-up and corporate scandals have resulted in increased retirement costs. ■ Higher costs in key areas, such as utilities, fuel and construction. ■ Reduced grant revenues. For example, the Prado Day Center for the homeless used to be wholly funded by grant revenues. However, due to grant cutbacks, this important community service (in partnership with other government and non-profit agencies) now requires General Fund support of$50,000 annually.. Revenue Ballot Measure in November 2006 Page 5 However, while there are a number of factors on both the revenue and cost side, as shown in the recent "benchmark analysis," City stewardship is not one of them. As detailed in this comprehensive report comparing City finances and service outcomes with similar cities in California, the City has been an excellent steward of community resources. ■ We've tightened our belt: we're a lean organization. ■ We use "best practices" in managing our fiscal affairs: we're a national leader in financial planning and reporting. ® We are open and accountable: we routinely receive immaculate audits The City's stewardship of community resources is succinctly summarized in The Tribune's recent article on the results of the benchmark study: the City does more and costs less. SL0 often does more, spends less than other cities, analysis shows e,I.."G.", HOW SLO S FINANCZS CMPARC:EIGHT CALIFORNIA CITIES SERVE AS BENCHMARKS tim 4>111ryn tread.mspnd ti,am.® YO Wn k"Cer UOU mr mtfbdry wmme mart _ana owu w lower rab of wnp en>OtvhO+�'ran0e ONLINE hrCafbuiiatin 41'.�rv�'.-ytrwr+mi'u �fYkpt_ hl�IsWStILf OerpplV.. metrtiRm hli_ o@OM el Wlf pr GW4 CAIRA amN$.:wa n'pn am4il.d 0,ntl td&i%St Tl--T.1.,}.j.YQLli lllCd wb,dl WRtr� - uy aHDO-Cem Ur'n++yyJ..wvva«d.mzn ury.a." _ ..., W rv+ciron b�2r.wrVwfw.dYaW 41'NIm G:IfY OSVS RIIYRilrC 4rdd�mrw�dYmL.m _ .. w i�x+ 7DeTn'bnr Flox611Smrarma>,d @a dtr m :ewa.say. s:l13nv . MlIi. .u,. rw�.+u. rgt re.nen.—d =luut.t, ••r.L_._• i In fact, as shown in the sidebar chart, we had fewer General Fund regular positions in 2005-06 than we did 15 years ago. Conclusion on the City's Fiscal 290 General Fund Regular Staffing Situation. In summary, the City has made tough decisions in 280 responsibly balancing the budget 270 and living within our means. However, doing so has meant 260 - — - — — — — significant cut-backs in essential 250 — — community services. 240 — Revenue Growth Won't Fix the r 1] 230 Problem Rawl Year Ending Revenue growth from new retail outlets like Costco and Court Street won't fix the problem for two reasons: 1. First, we have already included the revenues from these two projects in our budget projections, and we can't count the same revenues twice. !' Revenue Ballot Measure in November 2006 Page 6 2. And second, the problem facing us is just too big. To place this in perspective, we estimate that Costco will generate about$500,000 in "net" new sales tax revenues for the City, after adjusting for transfers from other businesses. This makes Costco one of the City's top sales tax producers. On the other hand, a 'h-cent sales tax measure will generate about $4.5 million. This means it would take the equivalent of nine Costcos to generate the same amount of revenue. From an economic perspective, this just isn't going to happen. Moreover, even if it could, many of our residents would simply not want to see nine Costcos in our community. The Short Story: Without new, significant revenues, we are not going to keep pace with our needs in critical areas such as street paving, traffic congestion and enforcement, flood protection, paramedic services, open space preservation, neighborhood code enforcement and senior programs. Community Outreach Over the last twelve months, we have engaged in an extensive community outreach and public education program, consisting of the following: 1. Briefings with every "standing" Council advisory body. This includes the Architectural Review Commission, Bicycle Committee, Cultural Heritage Committee, Downtown Association, Housing Authority, Human Relations Commission, Jack House Committee, Joint Recreational Use Committee, Mass Transportation Committee, Parks and Recreation Commission, Planning Commission, Promotional Coordinating Committee and Tree Committee. 2. On going briefings with City employees. 3. Formation of a speakers bureau. We have made 46 presentations to community groups, such as Residents for Quality Neighborhoods, Chamber of Commerce, Rotary, School District, Property Owners Association, senior citizen groups, mobile home parks, Board of Realtors and Kiwanis. We have responded to every question raised during these briefings; and in the case of the Property Owners Association, provided a detailed response to a study of the City finances sponsored by them. A summary of the presentations we have made is provided in Attachment 3. 4. Creation of an ad hoc community group to provide advice to the CAO on our public outreach program composed of 27 leaders from all walks of community life—business, environmental, neighborhoods, seniors, youth sports, college students, cultural and social services. This group asked tough questions and provided extremely valuable advice on how to best present the City's fiscal story to the community, which influenced other outreach efforts. A listing of ad hoc community group members is provided in Attachment 4. 5. Four information mailers, each of which focused on a different topic. As summarized in Attachment 5, the first mailer outlined the fiscal issues facing the City and provided a "tear- off' return card asking for feedback on community priorities; the second one provided a S—, 4 I. J Revenue Ballot Measure in November 2006 Page 7 summary of the priorities we received; the third one provided answers to frequently asked questions about the fiscal challenges facing the City, and the role of a possible revenue measure in addressing them; and the fourth one recognized the important role of the ad hoc group in asking tough questions and advising the CAO on our public outreach program. It also provided quotes from seven of the members on their thoughts about the need to place a revenue measure on the November 2006 ballot. 6. Benchmark analysis comparing City finances and service outcomes with similar cities in California. 7. Mailing of over 550 informational letters to a wide range of community leaders: civic, cultural, social, business, neighborhoods, students, environmental and media. 8. "Town Hall" forum held on February 15, 2006. 9. Placement of information on our website and public access cable television channel. 10. Working closely with the media to answer questions and provide information to the public. The Results. The results of this outreach effort have been very positive: 1. Receipt of over 1,200 written feedback comments on community priorities (summarized in Attachment 6). 2. Face-to-face opportunities to tell the City's fiscal story and answer questions with over 1,300 residents via our speakers program. 3. Improvement in the way we present the City's fiscal information. These range from providing more "visual" information about City services in our oral presentations, to incorporating in our budget document all five of the recommendations of the Property Owners Association. 4. Excellent media coverage of the fiscal challenges facing the City. Community Priorities Consistent with the scientific public opinion research we conducted in March 2005 and June 2006, strong consensus has emerged from the feedback we have received as part of our outreach efforts on top community priorities, which include: 1. Repairing and maintaining City streets, potholes, parks and storm drains. I. Continuing programs that reduce and effectively manage traffic congestion. 3. Improving public safety services. 4. Protecting senior services and programs. 5. Preserving open space. Revenue Ballot Measure in November 2006 Page 8 As discussed below, the key purpose of the "sunset" provision included in the proposed measure, along with requirements for citizen oversight and financial audits, is to ensure accountability that the funds generated from this new revenue source are used to meet community priorities. Key Features of the Proposed Ballot Measure These recommendations have been developed based on substantial community input, including information gathered through: 1. Public input strategies used during our budget processes. 2. Scientific community public opinion surveys (March 2005 and June 2006).. 3. Ad hoc community group. 4. Public input received, both verbally and in writing, during the information effort over the last twelve months, including 45 presentations to community groups and responses to community mailers. Based on this input, the following summarizes key features of the proposed ballot measure: 1. Adopts a local option sales tax of i/2-cent. As noted above, this is estimated to generate about $4.5 million annually, which is about 10% of General Fund revenues. This would help restore the $3 million annually lost to the State and provide some added funds to support other important services and projects. A 'h-cent increase is the same rate being considered by the other five cities in the County that are entertaining similar measures. This local-option sales tax will be administered by the State Board of Equalization, and the proposed ordinance includes the provisions the Board requires to do so. 2. Allocates the proceeds for general purposes. This includes essential services like street paving, police protection, fire and paramedic services, traffic congestion relief, neighborhood code enforcement, open space protection and senior programs. Stated simply, the fiscal problem facing the City is not related to funding a specific project or a specific service. Instead, our problem is in funding basic day-to-day, core City services. This is what the General Fund exists to do, and as such, it is appropriate for the proceeds to be General Fund revenues. As a general purpose revenue measure, passage will require majority voter approval. 3. Includes strong fiscal accountability provisions. Along with the City's ongoing commitment to citizen involvement as a fundamental principle of good government, specific citizen oversight and fiscal accountability provisions include: a. Independent annual financial audit. The amount of revenues generated by this measure and how it is used will be included in an annual financial audit performed by an independent certified public accountant. b. Integration of the use of funds into the City's budget and goal-setting process. The estimated revenue and proposed use of funds generated by this measure will be an 5 -8 Revenue Ballot Measure in November 2006 Page 9 integral part of the City's budget and goal setting process, and significant opportunities will be provided for meaningful participation by citizens in determining priority uses of 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 how funds are being spent. d. Annual citizen oversight meeting. An invitation will be extended each year to the entire community inviting them to participate in a forum to review and discuss the use of the revenue generated by this measure. City staff will also be available to meet with any group that requests a specific briefing with their members to discuss and answer questions about the revenues generated by the measure and their uses. 4. Provides that the measure will expire in ten years, unless extended by the voters. A 10-year "sunset" will allow enough time to develop a solid track record of use, while still allowing voters a meaningful timeframe for reconsideration. This timeframe is supported by the recent public opinion survey, is recommended by the Chamber of Commerce and is timed to coincide with a regularly scheduled election as suggested by the ad hoc community group. However, other sunset options are discussed under"Alternatives" below. Why Sales Tax? Over the past several years, we have evaluated a wide range of possible new revenue options, and have concluded that sales tax is the best one for several reasons: 1. The current total combined sales tax rate (which is the lowest in the State) is 7.25%. Of this, 1% currently goes to the City; the balance of 6.25% is dedicated to State or State-mandated purposes. Allocation or Current 7.27/oP to 2. Even with an increase of 1/z cent, the rate in San o ory: Luis Obispo would be equal to or less than that 1 oert paid by 85% of State's residents. o Starter 625 3. It is very broad-based and does not single-out cuts any one type of consumer, business or industry; 4. Over 50% of the proceeds will be paid by non- residents. 5. Basic commodities and services like housing, food and prescription drugs are exempt from sales tax. 6. With the exception of Paso Robles, every other City in the county has already decided to place a th-cent sales tax measure on the November ballot (Arroyo Grande, Atascadero and Grover Beach) or is seriously considering doing so (Morro Bay and Pismo Beach). a �— l Revenue Ballot Measure in November 2006 Page 10 In summary, for many of these same reasons, local-option'sales tax measures are being used by a growing number of California cities to meet their fiscal needs. Public Opinion Research March 2005. In May 2005, the Council considered an assessment of the feasibility of a revenue ballot measure in addressing the City's long-term fiscal needs. The results of this assessment, which drew on the results of a scientific public opinion survey conducted by the highly regarded firm of FMMA in March 2005, showed that a general-purpose sales tax ballot measure of no more than 1/2-cent in November 2006 would be viable. However, it also showed that its success would depend Both randomly upon an effective public information and community outreach surveyed 400 likely program. voters, for a scientific "margin of error"of June 2006. In assessing the effectiveness of the outreach program plus or minus 4.9% over the last twelve months that emerged from the May 2005 analysis, as well as to assess the feasibility of this measure before taking final action to place it on the November 2006 ballot, FMMA conducted a follow-up survey on our behalf in late June 2006. The results continue to show that a 'h-cent sales tax measure in November is viable; and that if an election were held today, it would pass. The following summarizes the results of the June 2006 survey compared with March 2005. Baseline Information About the Community The June 2006 survey continues to show that the community highly rates San Luis Obispo as a place to live, as well as the services provided by the City. 1. 95% think San Luis Obispo is an excellent or good place to live (and 67% rate it as excellent). This is unchanged from March 2005. 2. 71% believe that things in the City are `on the right track." This reflects a significant increase from 53% in March 2005. 3. About three-quarters (74%) rate City services as excellent or good (and only 4% as poor). This reflects a significant increase in the City's "excellent and good" approval rating from 68% in March 2005. 4. A majority rates the City's financial management as excellent or good (and only 6% rate it as poor). This is unchanged from March 2006. 2005March 2004 Rating of San Luis Obispo as a place to live Excellent 67% 67% Good 28% 28% Fair 4% 4% Poor 1% 1% ^ I � Revenue Ballot Measure in November 2006 Page 11 March 00 b6. Are things in San Luis Obispo generally headed in the right direction or wrong track? Right direction 53% 71% Wrong track 23% 21% No opinion/don't know/unsure 24% 8% Overall rating of the job done by the City in providing services Excellent or good 68% 74% Fair 27% 20% Poor 4% 4% No opinion/don't know 2% 2% Rating of City officials in managing City funds Excellent or good 53% 53% Fair 29% 29% Poor 6% 6% No opinion/don't know 12% 12% Support for a Revenue Ballot Measure The June 2006 survey shows that support for new revenues has strengthened since March 2005. As summarized below, initial support increases from 52% to 55%. When information about the need for the measure is provided, support increases to 60%. Most importantly, when information in opposition to the measure is provided, support stays at 58%. This is significant, especially compared with March 2005, when it returned to 53%. March 2005 June 2006 Initial support Definitely/probably yes 52% 55% Undecided: leaning yes 5% Definitely/probably no 31% 29% Undecided: leaning no 3% Need more information 13% 6% Don't know 3% 3% Support with added information about need/uses Definitely/probably yes 59% 60% Undecided: leaning yes 5% Definitely/probably no 34% 29% Undecided: leaning no 1% Need more information 10% 3% Don't know 4% 1% Support with opposition information Definitely/probably yes 53% 58% Undecided: leaning yes 6% Definitely/probably no 34% 30% Undecided: leaning no 2% Need more information 10% 3% Don't know 4% 1% S— ( 1 Revenue Ballot Measure in November 2006 Page 12 Consistent with past formal and informal results, the following summarizes the relative importance of the following seven community priorities, all of which received a composite rating on a scale of 1 to 7 as being important: Ran k Community Priority Mean Score 1 Restoring funds for street paving 5.2 2 Relieving traffic congestion 4.9 3 Building and maintaining storm drains and flood protection improvements 4.9 4 Improving public safety services by restoring funds to pay for the City fire 4.8 marshal, firefighter/paramedic training and an additional traffic enforcement officer 5 Restoring open space funding 4.5 6 Funding an improved senior center with dedicated parking 4.4 7 Funding more code enforcement to improve neighborhood health, safety and 4.0 noise control Respondents were asked to rate the importance of these possible ways that money from the measure might be spent on a scale of I to 7, with I being not important at all, and seven being extremely important. A "mean score" of 4.0 or higher for any item on this list should be interpreted as"important,"and all seven are rated at least 4.0 or more by local voters. Next Steps If the Council places the measure on the November 2006 ballot, the next key steps are the preparation of arguments for and against the measure, and rebuttal arguments. Based on dates set by the State law and the County Clerk, the deadlines for these are: Monday, August 7: Arguments for and against the measure Friday, August 17: Rebuttal arguments While the Council could choose to be the authors of the argument for the measure, we recommend that this be prepared by members of the community. FISCAL IMPACT 1. No Direct Impact in the Short-Term There are no direct fiscal impacts in placing this measure on the November 2006 ballot: it will be consolidated with the general municipal election, and the minor added cost can be absorbed within the existing election budget. There is a minor cost-saving option of not including the ordinance itself in the ballot pamphlet and making it available upon request (and placing it on our web site) instead. However, we do not recommend this option. At about six pages, not including it in the pamphlet would only a save about $3,000 in printing costs. Since adequate resources are available to fund this minor added cost, we believe the benefit of providing this information in the pamphlet offsets the minor added cost. Revenue Ballot Measure in November 2006 Page 13 2. Profound Affects in the Long-Term. While there are no direct budget impacts this year, the results of the election —one way or another— will have profound affects on the City's ability to provide essential community services for many years in the future. ALTERNATIVES While there are a number of options that the Council could consider, two key ones include: 1. Do Not Go Forward with a Measure in November 2006. The Council could choose not to place this measure on the November 2006 ballot. However, we believe it is important to place this measure before the voters so they have the opportunity to directly participate in making this critical decision about the community's future. 2. Different Sunset Term. While we have always believed that a sunset provision is an essential accountability feature, we have considered several sunset options over the last twelve months, ranging from five to twenty years. In order to coincide with a general municipal election, the ad hoc community group has suggested that any term be in an "even- year" increment, and we agree with this basic framework. As discussed above, we recommend ten years as a reasonable balance between allowing enough time to develop a solid track record of use, while still allowing voters a meaningful timeframe for reconsideration. The results of the June 2006 public opinion survey do not indicate any significant difference in voter support for the measure between six years and ten years (although support significantly drops off after ten years, and as such, we should not consider a longer sunset period than ten years). One option the Council may wish to consider is eight years. As surfaced by the ad hoc community group, this would coincide with our eight-year, neighborhood paving program cycle, which we would be able to restore if this measure passes. ATTACHMENTS 1. Resolution placing for submission to the voters a question relating to a sales tax measure at the general municipal election to be held on November 7, 2006 2. Ordinance adding Chapter 3.15 to the Municipal Code, "City of San Luis Obispo Essential Services Transactions (Sales) and Use Tax," to sunset in ten years, with citizen oversight and independent annual financial audits, to be administered by the State Board of Equalization (Exhibit A of the resolution) 3. Summary of speaker bureau presentations 4. Ad hoc community group members 5. Summary of community mailers 6. Summary of feedback results R:Revenue Ballot Measure Recommendation/July 18,2006 Agenda Report/Council Agenda Report Attachment 1 RESOLUTION NO. (2006 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO PLACING SUBMISSION TO THE VOTERS A QUESTION RELATING TO A GENERAL PURPOSE SALES TAX MEASURE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 7, 2006 WHEREAS, a General Municipal Election on Tuesday, November 7, 2006, has been called for the purpose of the election of officers by Resolution No. 9805 (2006 Series), adopted on June 20, 2006; and WHEREAS, the Elections Code and applicable local law provide the Council with the authority to submit a ballot measure to the electorate. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to its right and authority, the Council places for submission to the voters at the General Municipal Election on Tuesday, November 7, 2006, the following question: 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 Yes eliminated traffic patrol, Fire Marshal and fire/paramedic training ------------------------ positions; flood 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 No cent for ten years only, with citizen oversight and independent annual financial audits? SECTION 2. The complete text of the proposition ordinance to be submitted to the voters is attached hereto as Exhibit A. SECTION 3. The Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 5. Notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Attachment 1 Resolution No. (2006 Series) Page 2 SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution. SECTION 7. The City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk-Recorder. On motion of seconded by and on the following vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted by a roll call vote on July 18, 2006. Mayor David F. Romero ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jo well, City Attorney i \ 4 I Attachment 2 EXHIBIT A ORDINANCE NO. (2006 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADDING CHAPTER 3.15 TO THE MUNICIPAL CODE, "ESSENTIAL SERVICES TRANSACTIONS (SALES)AND USE TAX,"TO SUNSET IN TEN YEARS, WITH CITIZEN OVERSIGHT AND INDEPENDENT ANNUAL FINANCIAL AUDITS, TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION WHEREAS, the City of San Luis Obispo is facing significant fiscal challenges in providing essential community services such as neighborhood street paving and pothole repair, traffic congestion relief, police protection, fire and paramedic services, flood protection, senior citizen services and facilities, neighborhood code enforcement, open space preservation and other 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 from additional State takeaways in the future, it does not restore any of the past or current State takeaways; and as such, the City continues to lose $3 million each and every year in State budget takeaways,and this is going to be the case indefinitely into the future; and WHEREAS, in responsibly balancing its budget, the City has been forced to cut back significantly on essential community services, such as reducing overall infrastructure maintenance by 50%; cutting street paving and pothole repair by 67% (which meant eliminating the neighborhood street paving and pothole repair program); reducing sworn police positions (including traffic enforcement); removing virtually all City funding for flood protection or storm drain maintenance projects; discontinuing City funding for open space preservation (which has been successful in the past in leveraging over $7 million in grants and other outside funding sources); and cutting other vital general purpose services; and WHEREAS, while it has been prudent 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 to restore cuts in essential services and provide vital general purpose services in the future; and WHEREAS, a City-adopted sales tax is an appropriate way of adding new funds, since: the current sales tax rate in the City is the lowest in the State, and as such,even with an increase of 1/2-cent, it will be equal to or lower than the rate paid by 85% of the State's residents; it is broad-based and does not single-out any one type of consumer, business or industry; basic commodities and services like housing, food and prescription drugs are exempt from sales taxes; and over 50% of the proceeds will be paid by non-residents. NOW, THEREFORE, BE IT ORDAINED by the Council and the Voters of the City of San Luis Obispo as follows: SECTION 1. TITLE. This ordinance shall be known as the "City of San Luis Obispo Essential Services Transactions (Sales) and Use Tax Ordinance." The City of San Luis Obispo S'- 1 lv Attachment 2 Ordinance No. (2006 Series) Page 2 of 7 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, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: A. 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; flood 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 of one-half percent in accordance with the provisions of Part 1.6 (commencing with Section 725 1) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, which authorizes the City to adopt this general purpose tax ordinance, which shall be operative if two-thirds of 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 for that purpose. B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code. C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be,to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation 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. TEN-YEAR SUNSET. The authority to levy the tax imposed by this ordinance shall expire ten years from the operative date of this ordinance, unless extended by the voters. SECTION 4. FISCAL ACCOUNTABILITY PROVISIONS: CITIZEN OVERSIGHT AND INDEPENDENT ANNUAL FINANCIAL AUDITS. Along with the City's ongoing commitment to citizen involvement as a fundamental principle of good government, specific citizen oversight and fiscal accountability provisions are hereby established as follows: A. Independent 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. Integration of the Use of Funds into the City's Budget and Goal-Setting Process. The estimated revenue and proposed use of funds generated by this measure shall be an integral 4'- - I '1 � I Attachment 2 Ordinance No. (2006 Series) Page 3 of 7 part of the City's budget and goal setting process, and significant opportunities will be provided for meaningful participation by citizens in determining priority uses of 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 how funds are being spent. D. Annual Citizen Oversight Meeting. An invitation will be extended each year to the entire community inviting them to participate in a forum to review and discuss the use of the revenue generated by this measure. City staff will also be available to meet with any group that requests a specific briefing with their members to discuss and answer questions about the revenues generated by the measure and thew uses. SECTION 5. TRANSACTIONS (SALES) TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 0.5% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. SECTION 6. USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 0.5% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. SECTION 7. OPERATIVE DATE. "Operative Date"means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance: April 1, 2007. SECTION 8. CONTRACT_ WITH STATE. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the fust calendar quarter following the execution of such a contract. SECTION 9. PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for 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 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 otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of 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 as though fully set forth herein. 1 �r l� i Attachment 2 Ordinance No. (2006 Series) Page 4 of 7 SECTION 11. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However,the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance. 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to: a. Provide an exemption from this tax with respect to 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 State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose 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 of that code. 4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code. B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203. SECTION 12. PERMIT NOT REQUIRED. If a seller's permit has 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 from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Bums Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: Attachment 2 Ordinance No. (2006 Series) Page 5 of 7 1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government. 2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph,delivery to a point outside the City shall be satisfied: 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 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-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 of residence; and b. With respect to commercial vehicles, by registration 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 of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. 4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the 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, the storage, use or other consumption in this City of tangible personal property: 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance. 2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the 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 the Revenue and Taxation Code of the State of California. 3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance. Attachment 2 Ordinance No. (2006 Series) Page 6 of 7 4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract 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 collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including,but not limited to, soliciting or receiving the order,either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary,or person in the City under the authority of the retailer. 7. "A retailer engaged in business in the City" shall also include any retailer 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 from any purchaser who registers or licenses the vehicle, vessel or aircraft 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 for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. SECTION 14. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not 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 of the Revenue and Taxation Code; shall automatically become a part of this ordinance; provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. SECTION 15. ENJOINING COLLECTION FORBIDDEN. No injunction or writ of 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 officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. SECTION 16. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. i t Attachment 2 Ordinance No. (2006 Series) Page 7 of 7 SECTION 17. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately. SECTION 18. CODIFICATION. Upon adoption of this Ordinance by the voters, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this Ordinance in the City's Municipal Code. INTRODUCED on July 18, 2006 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on August 1, 2006 on the following roll call vote: AYES: NOES: ABSENT: PASSED AND ADOPTED by the Voters of the City San Luis Obispo on November 7, 2006 by the following vote talley: AYES: NOES: David F. Romero, Mayor ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jo P.Lowell, City Attorney C;� Attachment 3 SPEAKERS BUREAU PRESENTATI-ONS Estimated Date Group Presenters Attendance* 7/14/06 Senior Group: Mt Carmel Lutheran Church Ken, Bill,Deb, Shelly,John 15 7/10/06 Police Officers Association Ken, Bill,Deb,John 5 7/7/06 Downtown Association Quarterly Meeting Ken 50 7/5/06 Creekside Mobile Park Ken, Bill,Deb,John 5 6/14/06 Women's Network Shelly,Deb 35 6/12/06 Rotary Ken,Bill,Deb,John 75 6/8/06 Firefighters Association Ken,Bill, John 5 6/7/06 The Villages (Senior Group) Ken, Bill, Deb 40 5/17/06 Ad Hoc Group Ken, Bill,Deb, Shelly,John 20 5/9/06 Rot (Daybreak) Deb,John 35 5/3/06 Residents for Quality Neighborhoods Bill, Ken, Deb 25 4/26/06 Democratic Club: Prof-Business Caucus Bill, Ken 25 4/19/06 Senior Citizens Center Bill, Ken,John 30 3/14/06 Ad Hoc Group Ken, Bill,Deb,Shelly,John 20 2/22/06 Chamber Legislative Council Ken,John 40 2/21/06 Good Morning SLO Deb,John 300 2/15/06 Community Forum Bill, Ken 20 2/9/06 Chumash Village Mobile Home Park Bill, Ken, Deb 25 1/26/06 Property Owners Association Ken, Bill,Paul, Dave 20 1/24/06 Ad Hoc Group Ken, Bill,Deb, Shelly,John 15 1/11/06 Mass Transportation Committee Bill 15 12/13/05 Manse on Marsh(Senior Group) Bill,Deb,Jay 15 12/13/05 Kiwanas Ken,Paul,John 20 12/13/05 Downtown Association Bill, Deb 15 12/8/05 Lions Club Bill,Ken,Deb,John 20 12/5/05 Architectural Review Commission Bill, Ken 10 12/1/05 Property Owners Association Paul,Dave,Ken 20 11/30/05 Planning Commission Bill, Ken 10 11/28/05 Tree Committee Bill 20 11/17/05 Bicycle Committee Bill 10 11/9/05 Promotional Coordinating Committee Bill 10 11/2/05 Parks&Recreation Commission Bill, Ken,Paul 15 11/2/05 Human Relations Commission Bill, Ken 10 10/25/05 Association of Realtors Bill 80 10/25/05 Ad Hoc Group Ken,.Bill 20 10/24/05 Cultural Heritage Committee Bill, Ken 10 10/20/05 Housing Authority Bill, Ken 10 10/19/05 SLO Republican Women's Club Deb 100 10/15/05 Community 2050 Workshop Bill 40 10/14/05 County Mayors' Meeting Bill,Wendy 10 10/13/05 Adobe Lovers Wendy 15 10/12/05 Jack House Committee Bill, Ken, Paul 5 10/4/05 School District Bill,Wendy,Deb 20 9/27/05 Joint Use Committee Bill,Paul 5 8/23/05 Soro timist Club Deb 30 7/5/05 Rotary Ken 30 *Excluding City Staff As of July 14,2006 Presentations Given or Scheduled: 46 Attendance Estimate: 1,370 �- Attachment 4 AD HOC COMMUNITYGROUP Lauren Brown Tylor Middlestadt Howard Carroll Pierre Rademaker Brett Cross Ann Ream Reese Davies Agatha Reardon Carl Dudley Ken Schwartz David Edwards Sandi Sigurdson Bert Forbes Brian Stark John French Biz Steinberg Dave Garth Kent Taylor Cydney Holcomb Bill Thoma Richard Kriet Anthony Whalls Matt Mackey Dodie Williams Kathi Main Marie Wilson Jan Howell Marx S- � Attachment 5 COMMUNITY MAILERS October 2005 1, W a r. ,. maze January 2006 i� San IS OBISPO f tn( yes Q Why does San Luis Wdspo treed QHave ?oa muemw� . taxi ° LL [hx m hvyF mw hili as h o m a n , fly r a� )em,dutan ba vepd�epvsm�andomtt c Il Lry.omm r). - Ii:c pandc repay vd whkh 4 �f arca m rn -gym may,ono �o aux Q 8oww jn adanu�pu- ca' udng dxx cors to rr rw.. nluan.m A plait t i What has Caused sed these budget a----• haep h e S11B71tailSi3 AVblle dam x<a uwnb vi uwm b hem ! avaa a �' moa sgmticane u Sia¢bvdbca vk<auata. nrc'O"g nn4 ha«dx cm th<Cim$__million mr, Cl - Q me 6cts dculnwimh ona°inaraleawaynr , om' a-e ,.� 4 lands Rawr cam 43 rmIG°n dollars cacti and n'rc)'yvr. Q Q 159sales CIXiBL'tEasebElgtl -9Anymn Thank you, San Luis Obispo cmiside4ed? ; '''' Ad Hoc Advisory Group Members, for Your A max',° d ommaoU vee`' "� Perspectives on How to Protect and ha,<bba.n ffarad ry Maintain Critical City Services m<nry wmias mar.< tir,,,,�,;m,i„ab ab Manx In n:a Here's what some members had to say... n>tae m San Wia UFapo v du lox<x allowabk In me sure.A v.cont vauau - Ubirpn, l support a local dbtq measure to enable "41e need to heprepared N rorea ue quality would be equal ry a ku tban mar paid be a vin r "thenmied lang�erne malutenana o/San Luis of life so mu17•Of u5 uork s hard to m7dnta .” Sa.,r du Suw'r mldenn. = Old"'s uwndrjul embrnment." -Brian Stark -Bert Forbes ":illy famoq•Matsu lot front ottr Cay the May 2006 Basic inframtumre.LeCettralmthe suarss fastrstrepomwtomeJrompolice audprr.parks of!oral bustne.<s and the:comfort of those who and grcetbetts that help aetme"the SLO ijje thr and visit heree 716b,lnmwsr is by jar the recreation jmyna ns jar kids and.,rnlors. most reasonable way to share these needed LuckilyJar miefamilyimd so rmmy SLO cash evenly mwnn those that baieflt hreludbrg (amities,our Cby has been able to meet dune )dsttors,residents,and lulatim." detande-sepn:R7thoutadeyuaterrrcnar -Bill Thoma that help Sun Lou kap up wgh remy cusrs, -I ue trot;,are about maintaining the f see our SID Ilk sllpphml auwy" qualify of We that ur e7yoy in Soni Lutc -Sandi sigurdson Obispo,It Is ouretwe duty m do our part "1 support flit City's pian jar a land revenue to ensure rile Ctt}es ttanome bualth. What manure We need to re,wre pmterL and -Pleat Ra rmaker sustain our Cay to ensure our quality of lhla -n s bur r is trlttml for the Car of tion Luis -Agatha Reardon OBlsgm 0 meet the turce<ary serIlm rtyulted by the resuktas of thr Cdy." June 2006 -Bir Steimberg S, -��— i ] Attachment 6 COMMUNITYRESPONSE July 1, 2006 As of July 1, 2006, we have received over 1,200 responses to our mailer (916) and community feedback surveys (308). Of these, only seventeen said it was not important to protect and maintain vital public safety and City services. TOP THREE CONCERNS As reflected below, the results are very similar between the two feedback methods. The top three concerns for both are: ■ Repairing City streets (by a wide margin) ■ Reducing traffic congestion ■ Upgrading storm drains RESULTS SUMMARY The following summarizes the top eight priorities as of July 1, 2006 in rank order ("1" is the highest priority): Mailer Feedback (916) Service Form (308) 1 Fixing potholes and repairing and maintaining city streets 1 2 Reducing traffic congestion 3 3 Upgrading our 100 year old storm drains 2 4 Protecting open space 4 5 Hiring, training and retaining additional firefighters and paramedics 6 6 Park maintenance 7 7 Protecting senior programs and services 5 8 Hiring more police officers 8 OTHER CONCERNS Of the 1,224 replies as of July 1, 2006, 22% (275) identified concerns in addition to those above. Those that generated five comments or more include: Concern Number Improved bikeways and public transportation 33 Affordable housing 23 Homeless services 10 Youth programs 10 Laguna Lake dredging 10 Public art 7 Adobe protection 5 d'W votS"sLO�°°q council memoRanbum e July 14, 2006 RED FILE TO: City Council MEETING AGEND� A 1 0� ITEM #--3 FROM: Ken Hampian, City Administrative Officer Bill Statler, Director of Finance& Information Technology SUBJECT: PUBLIC OPINION SURVEY RESULTS Attached for your information is a report from FMMA presenting the results of the public opinion survey conducted by them on our behalf in late June 2006, which supplements the summary provided in the Council agenda report regarding placement of a revenue measure on the November 2006. In a nutshell, the results show that support has strengthened since the survey conduced by FMMA in March 2005, with 60% of the respondents indicating support for a general-purpose, �/2-cent sales tax measure. Please call Bill Statler at extension 125 if you have any questions concerning the results of the public opinion survey. COUNCIL XCDD DIR CAO 2S FIN DIR ACAO 9 FIRE CHIEF ATTORNEY1HR PW DIR . CLERK/ORtO POLICE CHF DEPT HEADS REC DIR Pi��_ UTIL DIR DIR X"ID X C-14 SIC_ =RECEIVED IFairbank, Maslin, Maullin & Associates Opinion Research Public Policy Analysis MEMORANDUM TO: City of San Luis Obispo FROM: Fairbank, Maslin, Maullin & Associates DATE: July 11, 2006 SUBJECT: Survey Results Faiibank, Maslin, Maullin & Associates (FMM&A) conducted a survey by telephone of 400 likely November 2006 voters in the City of San Luis Obispo.' The survey followed up a similar survey of San Luis Obispo voters conducted in March 2005. Key Findinys ■ When initially asked, before any other information of questions from the survey, sixty percent of voters said they would vote in favor of an initiative ballot measure that would increase the sales tax in the City of San Luis Obispo by one half cent to provide additional funding for essential public services. As the graph below shows, a third of all voters are definite in their support of the sales tax measure while another 28 percent said they would "probably" support it or lean in the direction of support. Favor/Oppose 1/`2 Cent Sales Tax Increase Measure Definitely yes 32% TOTAL YES 23% 60% Undecided, lean yes 5% Undecided, lean no 3% TOTAL NO 10% Definitely no 19% NMVDK/NA 8% 0% 10% 20% 30% 40% 50% The survey was conducted between June 27 and July 1,2006. The margin of error for the sample as a whole is+/-4.9 percent. f San Luis Obispo Voter Opinion Su,___y,June-July 2006 page 2 In comparison, these results show that support for a local finance measure has increased in the ensuing year while public discussion of a possible city financial ballot measure has been underway.2 In the March 2005 survey, 52 percent said they would vote for a local finance measure to provide additional funds to maintain and protect the level of essential services currently being provided to local residents. • Support for the half cent sales tax measure increased as survey respondents learned more about it from subsequent survey questions. Following a question in which respondents rated the importance of spending additional funds on various services and projects, respondents were again queried about support for the initiative ballot measure. Overall support increased two percent to 62 percent, but the percentage of definite supporters rose five percent, from 32 to 37 percent. When asked again, after hearing statements that possible proponents and opponents could make for and against the measure, support increased to 64 percent overall with 41 percent saying they would definitely vote for the sales tax measure. ® Support for the sales tax measure is rooted in the basic belief among voters that"San Luis Obispo needs additional funds to provide the level of city services that residents need and want." Sixty-three percent of voters in the recent survey hold that view, and 61 percent were in agreement in the Spring of 2005. ■ The March 2005 survey established that voters preferred a city financial measure with a"sunset" provision ending tax after a specific term. The recent survey tested the ballot initiative summary including a reference to a ten-year term for the sales tax increase. Testing to see if support would increase in the term were six years showed no significant benefit for the popularity of the sales tax increase measure. However, if the term of the tax increase were 15 or 20 years, support for the measure would diminish in a consequential way. ■ Reviewing a list of possible uses of the funds generated by the sales tax increase measure, voters attached the highest importance to "restoring funds for the repaving and repairing city streets."3 Other high scoring items included"relieving traffic congestion with better traffic management technology and engineering;" "building and maintaining storm drains and flood protection improvements" and"improving public safety by restoring funds to pay for the City fire marshal, firefighter/paramedic training and an additional traffic safety officer" in the Police Department. • Voters continue to give San Luis Obispo city government very high marks for the job it does in providing services to city residents. In this year's survey,. 74 percent said city government's job rating is excellent or good, a six percent increase over last' year's assessment. Further, 71 percent of voters say that things generally are going in the "right direction" in San Luis Obispo. ■ Additionally, the percentage of voters giving city government an excellent or good rating on the management of city funds has risen from 49 percent in 2005 to 53 percent in this year's survey. 2 Fifty-eight percent of all respondents in this most recent survey say that they have seen or heardsomething about a possible ballot measure for the November ballot to raise additional funds for city services. 3 This item obtained a score of 5.2 on a scale of one to seven with one being"not important"and seven being"extremely important." 2425 Colorado Ave., Ste. 180 1999 Harrison Street, Ste. 1290 Santa;Monica, CA 9 0 4 0 4 Oakland, CA 9 4 6 1 2 Phone: (.310)828-1183 Phone: (510)451-9521 Far: (310)453-6562 Fax: (510)451-0354 Page 1 of 1 - a SLO Citycouncil - sales tax ballot measure 7RECEIVED From: The Forbes<bforbes@charter.net> To: <slocitycouncil@slodty.org> 06Date: 7/16/2006 5:09 PM.Subject: sales tax ballot measure SERK CC: <khampian@slocity.org> Dear Dave, Allen,John, Christine and Paul, As a member of the ad-hoc committee to study the possibility of and uses for a ballot measure to increase the city's sales tax by one-half percent, I found that the wonderful life style in our city that we all like so much is likely to erode unless we put our wallets where our life-style is. I support putting a proposition for this sales tax increase on the.November ballot. Thanks, Bert Forbes 140 Twin Ridge Dr. SLO, CA IF COUNCIL )_9 CDD DIP ICAO YFIN DIR RED FILE MACAO Ei FIRE CHIEF 0 ATTORNEY PW DIR MEETING AGENDA ®'CLERK/ORIG ,POLICE CHF EI DEPT HEADS iiREC DIR DATE_ PTEM #� ❑W' Pim i�o UTIL DIR C� Y IR DIR file://C:\Documents%20and%2OSettings\slouser\Local%2OSettings\Temp\GW}OOOOl.HTM 7/17/2006 Jul 14 06 04: 43p Santa Lucia Chapter 805_-543-8727 p. 1 � 1 RECEIVED SIERRA JUL 17 2006 Santa Lucia Chapter CLU B SLO CITY CLERK, P.a- Box 15755 San Luis Obispo, CA 93406 FOUNDED 1892 (805) 543-8717 www.santalucia.sierraclub.org -submitted via FAX 781-7109:for distribution to Councilmembcrs for City Council meeting.7/18/06 July 14. 2006 Dear Mayor Romero and Councilmembers, We are writing in support of the response of the citizens of San Luis Obispo to your voter survey for the proposed revenue ballot measure: Based on the results of the survey, you should be reasonably confident of the success of a proposed sales tax increase that provides funding to the areas of greatest concern to the respondents. While the staff report summarizes the telephone poll results in"Community Priorities"(Staff Report, p. 7),the summaries of the almost 1,000 written responses to the City's mailed survey and the 308 feedback forms were not.included there. In both, while rankings of other issues varied slightly between responses to the mailer and the feedback form, the#4-ranked priority was "Protecting open space." It is therefore a matter of concern that the City mailer entitled'-We Hear You!: Report Back to Residents"in purporting to summarize the results of these surveys listed"tic community`s top five concerns"as repairing streets, reducing traffic congestion; upgrading storm drains, improving police and fire services, and protecting scrtior serviccs." We must question the omission of the 44-ranked priority from this summary. The telephone survey also ranked open space protection in respondents' top five priorities. The mailer responses, the three community feedback forms and the responses from the telephone poll all indicate a clear mandate for a revenue measure that provides adequate funding for implementation of the policies you recently codified in the new Conservation and Open Space Element and restores City funding for an open space acquisition program. The community priority for open space protection also provides clear direction for the City's pending Land Use Element update, serving as a mandate to preserve and strengthen, not weaken or delete, existing open space protections. We trust you will note the expressed will of the voters as you deliberate on this matter and draft a ballot measure that reflects those priorities. We also trust that these community priorities will be reflected in the City's budget and goal setting process. Sincerely, �Girrlc✓`'� \Karen Merriam c� Chapter Chair V] COUNCIL CDD DIR ® CAO ir, FIN DIR RED FILE 4 ACAO � FIRE CHIEF El ATTORNEY t? PW DIR ME ING AGENDA in CLERK/OR G POLICE CHF 13 DEPT HEADS EIEC DIR DATElff-6—& ITEM #d UTIL DIR Y Gao e �� JUL-17-2006 11:23 From:CYDNEY HOLCOMB 805 594 0365 To:8057817109 P.1/1 i �i J� Ar - Residents for Quality Neighborhoods P.O. Box 12604.San Luis Obispo, CA 93406 Fi E C E IV ED RED FILE JUL 17 2000 MEETING-AGENDA SLO CITY CLERK DA Z ITEM #mss DATE: July 17, 2006 TO: San Luis Obispo City Council COUNCIL CDD DIR VIA: Fax to: 781-7109 CAO `f FIN DIR 42 ACAO �`j FIRE.CHIEF RE: MEETING DATE: 7-18-06, ITEM: Bus 5 ATTORNEY g PW DIR CLERK/ORIG POLICE CHF SUBJECT: REVENUE BALLOT MEASURE IN NOVEMBER 2006 DEPT HEADS REC DO 14 F UTIL DIR HR DIA Honorable Mayor and Members of the City Council, f (moo r cC RQN supports the CAO recommendation to place the proposed revenue ballot measure on the November 2006 ballot. Staff has clearly articulated the financial constraints and challenges that the City has been facing and will continue to face into the future. It is very apparent that a new revenue source will be necessary in order for the City to maintain and perhaps enhance services In a manner that the existing residents of this community desire and have become accustomed to. The proposed sales tax measure would provide a reliable source of revenue for the City through an equitable means of taxation. Incorporating a sunset clause as well as citizen oversight and auditing provisions into the measure ensures future accountability. Placing this measure on the ballot allows the citizens to participate in the legislative process. We therefore strongly urge you to: (a) adopt a resolution placing this measure on the ballot; and, (b) approve an ordinance that will implement the measure if it is approved by the voters. Respectfully submi ,- Q Cy ney Holcomb 1 Chairperson, RQN SEC=1\IrD ROG RECEIVED JUL 17 2006 SLO CITY COUNCIL ANG SLO CITY CLERK NO U P G RED FILE ME ING AGENDA DATEITEM #-2L!C ]uly 13, 20 Mayor Dave Romero and Members of the City Council City of San Luis Obispo COUNCIL 0 CDD DIR 900 Palm CAO VIN DIR San Luis Obispo, California 93401 ACAO .?-FIRE CHIEF ATTORNEY �i PW DIR K LERK/ORIG t POLICE CHF Re: Sales 'Tax Ballot Measure. �j DEPT HEADS REC DIR in -PIA UTIL DIR !' /�/Ba.�� a HR DIR Dear Mr. Mayor and Council Members > eem I have been a member of the SLO Chamber of Commerce Issues Evaluation Committee for many years and 1 am currently supporting the City's attempt to obtain sufficient revenue to pay for normal City services. Consequently, I am sending this letter to signify my support for increasing sales tax income in an amount that will generate that amount of revenue. In addition to that comment, I personally would like to see the City explore the possibility of contracting sewer, water, police, and fire protection services with the County in the event the Dalidio Ranch Initiative passes. It would be only on the basis that the County agrees to pay the City from sales taxes the estimated amount it would take to cover those services. Respectfully submitted, Ned Rogow , AICP 1 Former County Planni Director cc: Patricia Wilmore Vice President for Government Affairs San Luis Obispo Chamber of Commerce 412 Marsh Street San Luis Obispo, CA 93401 (805) 546-9300 (Fax 542-9949) Page 1 of 1 SLO Citycouncil -1/2 cent sales tax proposal -support with comments'' From: Dale Sutliff<dsutliff@calpoly.edu> RECEIVED To: <slocitycoundl@slocity.org> Date: 7/17/2006 5:56 PM JUL 18 2006 Subject: 1/2 cent sales tax proposal -support with comments $L0-G1�Y-C—LE�RK-- July 17, 2006 Honorable Mayor and City Council: A note to let you know that we support the proposed 1/2-cent sales tax measure you'll decide on at your meeting on July 18. RED FILE Since we may not be able to attend the meeting we want to point out a couple of potential concerns for your consideration when MEETING AGENDA addressing the 1/2-cent tax increase and its distribution: DAT (e ITEM # 13S 1. Adverse growth incentive/potential: Since a major chunk of tax revenue comes from big sources, e.g. auto dealers, Cog retailers, it could be possible that these may be further P C. � L encouraged because they help fill the financial coffers- IGCOUNCIL and could do even more-so with higher sales taxes. The tax is needed Z CAO TCDD DIR but must not necessarily be an opening-of-the-door to bigger tax ACRO EFIN DIR-1 FIRE CHIEF generator businesses. Iff ATTORNEY -'PW DIR i$CLERK/ORIG ❑ DEPT HEAD [;? S POLICE CHF 2. Fair allocation: Although the Council must make tough budget ,� IR REC DIR distribution decisions, you may want to consider a cap/ceiling, or � Z LITIL DIR conversely, a minimum amount allocation, for the various categories of z'HR DIR need from increased sale tax revenues for the purpose of"equity" across a score of needs. This would assure that at least some tax t CI �F- monies are provided to each of the various categories of need. The Council could hold an "open/general" category for additional, or supplemental, allocations to critical need areas at times without jeopardizing the "base allocation" of all. This model would create a sense of parity in the process, and would not prevent the Council from addressing critical shop:or long term needs. Sincerely, Dale and Sharon Sutliff 1227 Sydney Street San Luis Obispo file://C:\Documents%20and%2OSettings\slouser\Local%2OSettings\Temp\GW IOOOO1.HTM 7/18/2006 ' Page 1 of 2 RECEIV, Ken Hampian - Ballot Measure & Open Space JUL 18 2006 Ct,T rC L ER From: Ken Hampian To: santa.lucia.chapter@sierraclub.org COOUNCIL TCDD DIR Date: 7/17/06 4:32PM e ACAo � FIN DIR FIRE CHIEF Subject: Ballot Measure & Open Space ATTORNEY PW DIR CC: Havlik, Neil; SLOCouncil; Stan ck Shell 91 CLERK/ORIG POLICE CHF wy Y ❑ DEPT HEADS W REC_D1B -----RED-Fl E— — — MEEI'ING AGENDA �„c DTIL DIR Hn ®iItI Dear Ms. Merriam: DATF�611 ITEM #mss :• qco Karen, I first want to thank you for your support for the recommendation that the Council place a revenue ballot measure before.San Luis Obispo voters in November 2006. Having the Sierra Club's endorsement of this recommendation is important and appreciated. I am also writing to address your concern that open space was not mentioned in a recent mailer. Your point is well taken - it should have been mentioned. However, please be assured that open space has been very much "on the ballot measure radar screen" from the very beginning of our information effort, and the failure to mention it in the mailer is not reflective of a change in our City's interest in the strength of this program. Here are a few things that illustrate how often open space has been mentioned during the information phase of the ballot measure program: -Open space was included in the list of concerns on our the "Fact Sheet" regarding a possible revenue ballot measure - and we have literally distribted thousands of these over the last year, including at every public presenation (attached- see 5th bullet in box). - Open space was listed in an earlier "We Hear You" mailer (attached - but print out, since it's upside down for folding purposes!) -The lack of funding for open space was listed in about a half-dozen examples I used in a 2005 Tribune Viewpoint article I authored concerning our financial concerns (attached). -Open space was explicitly called out as a concern and priority in my official Budget Message to the City Council for the 2006-07 Financial Plan, and again in my message to adopt the Mid- Year Budget this last February (these message are available on line) -Open space protection was explicitly called out as a concern and priority in the Revenue Ballot Measure Powerpoint presentation that we have made to over 46 organizations, and which has run repeatly on Channel 20. Most important of all: Open space is explicitly listed among the few examples of "essential services" drafted into the proposed ballot measure language itself (the language next to the boxes the voter will punch) You can review this language in the agenda report, which is on our website. file:HC:\Documents%20and%2OSettings\slouser\Local%2OSettings\Temp\GW}000O1.HTM 7/17/2006 • _ Page 2 of 2 I hope this information is helpful in assuring you that while we can't earmark a "general purpose" measure, open space has been well represented as an "essential service" that lacks necessary funding during our many months of community information on this topic. One last note: I had the privilege of being the first supervisor of the City's Natural Resources Program, which under the leadership of Neil Havlik, has brought in over $7 million in grant funding since its inception in 1996 to protect thousands of acres in open space. The availability of the General Fund to match these grants has been a big part of that success - a success that has been a source of pride,to everyone involved, both in City government and within the community. Long way of saying: open space is a signficant part of the fabric of SLO City government and, we hope, will remain a priority for many years to come. Your support is important to achieving that goal, and once again, I thank you! Ken Hampian, CAO abouvblank 7/17/2006 Please support the sales tax measure tonight Page 1 of 1 SLO Citycouncil- Please suppol a Lhe sales tax measure tonight From: "Amy K. Kardel°<amy.kardel@cnsslo.com> To: <slocitycouncil@slocity.org> RECEIVED Date: 7/18/2006 4:07 PM Subject: Please support the sales tax measure tonight JUL 1 Dear Council Members, I urge you to support the sales tax measure tonight.Our city's budget needs revenue-this source is low impact,fairly distributed,sustainable and reasonable.We want our city to keep pace with our vision-and with limited options for meeting our city's revenue needs, I see this as the most sensible. C Thak you, COUNCIL Zo CDD DIR Amy Kardel CAO T FIN DIF Amy ardeBACAO R'FIRE CHIEF 'ATTORNEY [�?PW DIR 11 CLERK/ORIG li'POLICE CHF -;2DEP HEADS C REC DIR Amy Kardel g- LEUTIL DIR CFO tri HR DIR Computer Network Services SAVe time: try SAVe, our spam and virus filtering service. Call for a free demo and trial. amy@cnsslo.com RED FILE 805.543.1930 x12 phone 805.543.5760 fax MEETING AGENDA DATE 7 OLP ITEM # 9,'5— This message has been scanned by F-Secure Anti-Virus for Microsoft Exchange. For more information,connect to http://www.f-secure.com/ file://C:\Documents%20and%2OSettings\slouser\Local%2OSettings\Temp\GW}000O1.HTM 7/18/2006 Page 1 of 2 Ken Hampian - Re: Ballot Measure & Open Space RECEIVED From: Karen Merriam<kmertiam@digitalputty.com> SLO CITY CLERK To: <khampian@slocity.org> Date: 7/18/06 2:34PM Subject: Re: Ballot Measure & Open Space CC: Carla Saunders<slofolks@sbcglobal.net>, Santa Lucia Chapter of the Sierra Club <sierra8 @ charter.net> Dear Ken: I just became aware of your e-mail, sent to our Chapter office yesterday, and would like this reply to be reflected in your understanding as you approach the City Council meeting today. I regret that some of the wording of our letter of July 14th to Mayor Romero and Councilmembers may have led to a misinterpretation of our Chapter's position vis a vis the proposed sales tax increase. The Santa Lucia Chapter of Sierra Club has not taken a formal position re: the sales tax increase itself, and cannot do so without a vote of its Executive Committee, a vote which has not been solicited or taken. Our letter to the Mayor and Councilmembers was meant to refer only to our long-held support for the City to prioritize both in word and deed (eg. funding) the preservation,protection, and acquisition of open space. We continue to urge the City Council to honor its commitment to respond to the community's wish to make open space protection a top priority. With best wishes, Karen Merriam, Chair Santa Lucia Chapter --- L� ILM # !1 - - a - COUNCIL �b CDD DIR CAO F FIN DIR C?ACAO ji?FIRE CHIEF In ATTORNEY Fj PW DIR CLERKORIG PfPOLICECHF DEPT e'REC DIR w � ;�,UTIL DIR BOARD OF TRUSTEES 1204 Nipomo Street Sandra.Sarrouf,Chair San Luis Obispo, CA 93401 Jan Marx, Vice Chair Phone: (805)544-1777 Allyson Nakasone,Secretary Fax:(805)544-1871 Robert Bronte www.ecoslo.org Pam Heatherington ENvmONMENTAL CENTER Bob Lavelle OF SAN LUIS OBISPO COUNTY Scott Secrest Protecting and enhancing the Central Coast since 1971 Cal Wilvert RED FILE RECEIVED July 18, 2006 MEETING AGENDA JUL 18 1006 DATE ITEM # I3S SLO CITY CLERK San Luis Obispo City Council 990 Palm Street X-O San Luis Obispo, CA 93401 COUCOUNCIL *:)CDD RIR FIN DIP R ACAO RJ'FIRE CHIEF RE: Revenue measure ATTORNEY if PW DIR Q CLERK/ORIG POLICE CHF (J DEPT HEADS REC DIR ® UTIL DIR Dear Mayor Romero and Council Members: 1� �.3c�. HR DIR a The Environmental Center of San Luis Obispo County (ECOSLO) believes that the City of San Luis Obispo's open space deserves the highest level of protection as per the response of residents in the "community priorities" survey. In any revenue enhancement measure the City may draft, and in the budget process,ECOSLO supports allocation of funding for environmental protection,education and open space preservation. We emphasize that the city residents' mandate to you to"protect open space" is not restricted to the acquisition of more open space, but includes the protection and preservation of the open space areas already acquired or designated by the City, as described in the new Conservation and Open Space Element. The City is better served by raising needed revenue via such measures rather than a continued reliance on commercial developers to increase revenues. Sincerely, Morgan Rafferty Executive Director *printed on 100%recycled,post-consumer paper I { 4 ' RECEIVED 14A JUL 13 2006 San Luis Obispo 13 July 2006 SLO CITY CLERK Downtown Association Mayor Dave Romero and City Council members 990 Palm Street PO. Box 1402 San Luis Obispo CA 93401 San Luis Obispo California 93406 Dear Mayor Romero and Council: Phone:805-541-0286 FAX:8057812647 The SLO Downtown Association Board of Directors, at its July 11, 2006 meeting, voted unanimously to support placing the sales tax increase item on the November www.downtownsio.com ballot for the voters to decide the issue. It is hoped the Council will allow this matter to be determined by the general public who will be affected by this measure. Because the Downtown Association serves as an advisory body to the City, it is felt the Council would invite this viewpoint and also understand that the Downtown, as beneficiary of services provided by the City, also stands to be affected by the ultimate decision. Thank you for your consideration of the item overall and your support of Downtown. Sincerely, I� r✓'- RED FILE Deborah Cash, CMSM MEETING AGENDA Administrator DA f�� a& ITEM # 35 cc: Ken Hampian, CAO Board of Directors o 'W COUNCIL CDD DIR 42 CAO FIN DIR aACAO FIRE CHIEF ®'ATTORNEY PW,DIR RrCLERK/ORIC POLICE CHF ❑ DEPT HEADS R REC DIR PiB 2 UTIL DIR ?�iL�aCa H8 DNA Y C/� tiP C LE2-� Elaina Cano- Re: Sales Tax Ballot Measur,;--YES From: Jan Marx<janmarx@fix.net> RECEIVED To: Jan Marx<janmarx@fix.net> Date: 7/12/06 9:33AM JUL 12 2006 Subject: Re: Sales Tax Ballot Measure--YES SLO CITY CLERK Jan Marx 265 Albert Drive San Luis Obispo CA 93405 Jan Marx wrote: > Dear Mayor and City Council, > I have enjoyted serving on the city's Taskforce to consider a sales >tax measure for the November Ballot. I am writing to voice my opinion > in favor of placing the proposed measure for a modest increase in >sales tax. Although the city cannot state the actual uses to which the > increased revenue would be put, due to the danger of triggering a > higher percentage of yes votes needed to pass the measure, it is > important for the council to make it clear that the highest priorities > (stated in the agenda reprot)would receive funding. Also,the > increase would simply bring us to a par with most other cities in the >state. Most important to residents would be the paving program, >police and fire protection and the open space program, according to >most people I know. A moderate sales tax increase makes a lot more >sense than courting developers to bring in more commercial >development. We need to build more moderate income housing, and a >sales tax increase would help allow us to accomplish that goal. >Thank you for considering my perspective. CC: Dave Romero <dromero@slocity.org>, <pbrown@slocity.org>,John Ewan <jewan@slocity.org>, <asettle@slocity.org>, <cmulholland@slocity.org>, "kh >>Ken Hampian" <khampian @ slocity.org> COUNCIL o CDD DIR 9FCAO rFIN DIR ACAO AFIRE CHIEF RED FILE ATTORNEY PDIR CLERK/ORIG �POO MEETING AGENDALICE CHF /'//-, DE /HEADS 5?REC DIR WEE"ITEM # f3.S i90UTIL DIR 'gHR 91R v Cf,Fe.c L��oe RECEIVED �o 1856 mos. NP JUL 12 2006 SLO CITY CLERK MEMORANDUM From the Office of the City Attorney July 12, 2006 To: Mayor and City Council Via: Ken Hampian, City Administrative Officer From: Jonathan P. Lowell, City Attorney 41't" Subject: Business Item 5, City Council Meeting of July 18, 2006, Revenue Ballot Measure in November 2006 A minor revision to the draft resolution is being proposed as a part of the CAO's recommendation. Section 2 of the draft resolution at page 5-14 of your agenda packet is modified to read as follows: SECTION 2, The complete text of the pFepesition proposed ordinance to be submitted to the voters is attached hereto as Exhibit A. The ordinance to be included in the voter information portion of the sarnple ballot (and the ballot, if apnlicable).shal_l reflect_the City Council's final action adopting the ordinance. This revision makes clear that the City Council's vote will be reflected in the materials submitted to the voters in the November 2006 election. A substitute page 5-14 is attached. Attachment �7 COUNCIL LOCDD DIS AGI CAO 54, FIN DIP I RED FILE M ACAO FIRE CHIEF ®ATTORNEY PW DIR MEETING AGENDA -I CLERIQORIO POLICE CHF I DATE / / Qe ITEM #35— ❑ DEPT HEADS REC DIP /!3 UTIL DIR �( 10 HR [)IP. Attachment 1 RESOLUTION NO. (2006 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO PLACING SUBMISSION TO THE VOTERS A QUESTION RELATING TO A GENERAL PURPOSE SALES TAX MEASURE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY NOVEMBER 7, 2006 WHEREAS, a General Municipal Election on Tuesday, November 7, 2006, has been called for the purpose of the election of officers by Resolution No. 9805 (2006 Series), adopted on June 20, 2006; and WHEREAS, the Elections Code and applicable local law provide the Council with the authority to submit a ballot measure to the electorate.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to its right and authority, the Council places for submission to the voters at the General Municipal Election on Tuesday, November 7, 2006, the following question: 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 Yes eliminated traffic patrol, Fire Marshal and fire/paramedic training positions; flood 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 No cent for ten years only, with citizen oversight and independent annual financial audits? SECTION 2. The complete text of the proposed ordinance to be submitted to the voters is attached hereto as Exhibit A. The ordinance to be included in the voter information portion of the sample ballot (and the ballot, if applicable) shall reflect the City Council's final action adopting the ordinance. SECTION 3. The Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 5. Notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election,in time, form and manner as required by law. 57 - 14 iLe:v t 71 `--E- iLEJt 3ED) EF,U_,_3DPE1VED 11 [ODti CITY CLERK RED FILE ' MEFTING AGENDA San Luis Obispo Chamber of Commerce DAT414& ITEM # S 1039 Chorro Street•San Luis Obispo, California 93401-3278 (805) 781-2777• FAX (805) 543-1255 •TDD (805) 541-8416 July 11, 2006 David E. Garth, President/CEO Mayor Dave Romero and Members of the City Council City of San Luis Obispo ZCOUN IL --e CDD DIR 990 Palm St. O'CAO Z FIN DIR A!rACAO ErFIRE CHIEF San Luis Obispo, CA 93401 ZATTORNEY E 'PW DIR fel'CLERK/ORIG rrrPOLICECHF, 13D SCJ�T EAD REC DIR Re: City Sales Tax Increase Ballot Measure �- 21UTIL DIR R DIR Dear Mayor Romero and Council Members: ^ The San Luis Obispo Chamber of Commerce urges you to place on the November, 2006 ballot a sales tax increase measure for the City of San Luis Obispo. We believe that such an initiative, increasing the sales tax rate in the city from 7.25% to 7.75%, is reasonable and appropriate. Our organization strongly values the quality of life in this community and we clearly understand that our economic vitality relies on this quality of life. It is critical that the city have adequate funds to maintain the level of services that make our community a desirable place in which to live and work. We understand that state "takeaways' have, in recent years, left our own local government with an ongoing challenge in meeting the needs of its citizens. Tourism, one of our city's major economic engines, is also affected when such basic services as traffic mitigation, street maintenance and police and fire protection are reduced because of the need to cut services in order to balance the city's budget. A half percent increase in the sales tax rate is a sound fiscal choice for the city as a means to increase funding for needed services and for reaching community goals. Currently, our rate of 7.25% is lower than most parts of the state and the increase to 7.75% simply brings us level with neighboring counties but still lower than some other parts of the state. According to discussions that we have had with our members and visitors to the city, this increase will not be a detriment to local business or to tourists. One advantage of taking this route to increase revenue is that about half of our local sales tax is paid by non-residents. email: slochamber@slochamber.org 9 websites: www.slochamber.org www.visitsio.com � _j c� We recommend that the provision of a sunset clause requiring, within ten years, voter approval to continue the increase be included in the measure. We also favor strong fiscal accountability provisions including an annual citizen oversight meeting and reports to community groups as requested. We have every confidence, based on the city's annual budget reports, that the fiscal responsibility shown by the city staff and elected officials will continue as regards the increased revenues. The San Luis Obispo Chamber of Commerce Board of Directors has pledged the Chamber's involvement in a campaign to pass a half cent sales tax increase measure. We are committed to advocating for support of the initiative among our members and the general public. Should you decide to put this on the November ballot, we will also promote participation in a committee of citizens to support and pass the measure. We respectfully submit that a unanimous Council vote to place this initiative on the ballot is an important step in moving toward a positive and successful campaign. The united voice of our mayor and council will send a strong message to our citizens that all segments of the community can get behind this proposal as it will provide benefit to all without placing undue burden on any one constituency. Thank you for considering our request in this matter. Sincerely, ary V rdin Chairperson of the Board cc: Ken Hampian, CAO, City of San Luis Obispo Bill Statler, Director of Finance and Information Technology