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HomeMy WebLinkAboutr 10545 Request County Consolidate Election November 4 2014.pdfRESOLUTION NO 10545 (2014 Series) A RESOLUTION'OFTHE CITY COUNCIL Ol' 1 11 E CI 11' Of- SAN LUIS OBISPO, CALIFORNIA, REQUESTING THE SAN LUIS OBISPO COUN "I Y BOARD OF SUPERVISORS 1'0 CONSOLIDATETHE GENERAL MUNICIPAL ELECTION ON "TUESDAY, NOVEMBER 4, 2014, WITH THE S "I ATE \VIDE GENERAL ELECTION TO BE HELD ON THAT DATE WHEREAS, the Gnv Council of the City of San LUIS Obispo has called a General Municipal Election to be held on November 4 2014 for the purpose of submitting to the voters a question relating to a local revenue measwe and WHEREAS, it is desuable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date and that within the Cite the precincts polling placers and election officers of the two elections be the same and that the Count\, Election Department of the County of San Luis Obispo canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election NOW, TIIEREMRE, BE IT RESOLVED that the Council of the City of San Luis Obispo does declare determine and order as follows SECTION I Pursuant to the requirements of the Section 10403 of the Elections Code the Board of Supervisors of the County of San Luis Obispo is hereby requested to consent and agree to order the consolidation of the General \qunicipal Election with the Statewide General Election to be held on Ilresday November 4 2014 for the purpose of submitting to the voters a question relating to a local revenue measure SECTION 2 That a measure is to appear on the ballot as follows "To protect and maintain essential services and Iaulittes — Such as open space preservation bike lanes and sidewalks public safety yes neighborhood street paying and code enfoicement Flood protection senior programs and other vital services and capital improvement projects — shall the City s Municipal Code be amended to e\tcnd the current one -half percent local sales tai for eight vears with independent annual audits public goal - setting and budgeting and a NO Citizens Oversight Comnmssion9 SECTION 3 The Board of Supervisors is requested to certify the results of the canvass of the returns of the General Municipal Election to the Council of the City of San Luis Obispo which shall thereupon declare the results thereof R 10545 Resolution No 10545 (2014 Series) Page 2 SECTION 3 1 he Board of Supervisors is hereby requested to issue instructions to the County Clerk and Registrar of Voters to tale any and all steps necessary for the holding of said General Municipal Election The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Government Code SECTION 4 The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors the County Clerk and the Registrar of Voters of the County of San Luis Obispo SECTION 5 That the City Clerk shall eertily to the passage and adoption of this resolution Upon motion of vice Mayor Christianson seconded by Council Member Ashbaugh and on the following roll call vote AYES Council Members Ashbaugh and Smith Vice Nlavor Christianson and Mayor Mar\ NOES Council Member Carpenter ABSENT None The foregoing resolution was adopted this 1 st day of July 2014 ATTEST APPROVED AS T ORM L,XJ Christine Dietnck City Attorney May r an Mari E\htbit A ORDINANCE NO (2014 Series) AN ORDINAN'CEOFTHE CITY COUNCIL AND THE PEOPLE OF 7111: CITY OF SAN LUIS OBISPO, CALIFORNIA, ArNIENDING CHAPTER 3 li OF THE MUNICIPAL CODE TO EXTEND THE EXISTING "ESSEN'l IAL SERVICES TRANSACTIONS (SALES) AND USE TAX," FOR AN ADDITIONAL EIGHT YEARS (MARCH 31, 2023), TO BE ADN1iNISTERED BY THE STATE 130ARD OF EQUALIZATION, UPDA7ETHE PURPOSE S 'IATEi\7ENT, AND 1'RO \'I DE FOR ADDITIONAL CITIZEN OY EIZSIGH' 1' ANDACCOUN'I'IN(.'I'RANSI'ARENC)' WHEREAS, in 2006 the voters of San LUIS Obispo approved the San Luis Obispo Essenual Seivtces Measure (also commonly kno«n as Measure Y its 2006 ballot designation) with 64 77% of the vote establishing a half -cent per dollar sales tai to address fiscal challenges including State takeaways totaling more than S22 mullion over the prior 16 years and ongoing State funding reductions of S3 mullion amtually and WHEREAS, the purpose of A- leasure Y was to secure a local revenue source to protect and maintain essential community services such as neighborhood sweet paying and pothole repair traffic congestion telief police piotection lire and paiamedic services flood protection senior citizen services and facilities neighborhood code entorcement open space preservation and other vital general purpose sen ices and WHEREAS the voter s appioval of Measure 1 in 2006 allowed the City to restore its neighborhood paving and flood protection programs restore sworn police positions that had been cut as well as restore the City s file i%- larshal to a full -time positron and testorc its open space acqursmon program aiding in the purchase of portions of the Irish Hills Stenner Canyon and Reseivon Canyon natural reserves and also gave the City the ability to provide added services for residents including hirutg mo neighborhood services specialists lining two downtown daytime police patrol officers and hn ing a ranger set vices maintenance %vorkei and WHEREAS the City s finanual challenges continued after the adoption of Measure Y clue to the Great Recession — which impacted all of the City s mayor revenue sources including property tas transient occupancy tat and sales tay — but even dunng the Great Recession the City was still able to maintain a high level of service for its residents and WHEREAS, clue to Measure Y Ie\emle and the financial stability created by City actions — including (I) compensation reductions agreed to by employees saving the Curs over $3 nulhon m ongoing annual savings and (2) pension reform etforts that require employees to pay then share of pension costs and implementation of three tiers of retirement benefits so that over time the cost to the City for retirement benefits for new public employees «ill be stgmficantly reduced — the City has invested to new Capital Improvement Projects such as the Santa Rosa Skate Park the Bob ]ones Trail bridge at Los Osos Valley Road and is in a positron to make new open space acquisitions in the City s greenbelt and Ordinance No (2014 Series) Exhibit A Page 2 WHE -RUAS, the Cite Council appointed a 10- person citizen advisory committee to analyze the City s stewardship of Mcasure Y resources and report back to the Cin Council with its recommendations and followin,o several mectings a public opinion SI1lVt V a public open house and deliberations anion.- the committee membeis the committee recommended that the City Council place a measure before the voters to extend the Essential Scivices Sales and Use I a\ f6i anothei eight years and WHEREAS, the City s Essential Services Sales and Use Tai includes substantial accountability measures including requirements for independent annual financial audits integration of use of funds into the City s budget and goal- setting piocess annual communny It-ports and annual citizen engagement meetings and WHEREAS, the City Counul desires to include additional accountabiluv measures Including a Citizens Revenue Enhancement Oversight Commission and a new fiscal Responsibility Philosophy to increase transpaiemev and accountability and to ensure the capcndnure of icvcnuL mcasuic IundS in alignment with cvolvui - communny priorities as defined through citicen engagement and City Council direction and WHEREAS the City's ESSf mldl Services I- iauSadions (Sales) and Use I -a\ Ordinance is found in Chaptei 3 15 of the City'S Municipal Code and WHEREAS Section 3 15 03 of this Chapter sets forth a expiration date of -latch 31 2015 at which time Chaptei 3 15 will expire unless e\tcnded by the voters of the Cite at an clecuon called lot that purpose and WHEREAS the City Council desues to place a measure before the voters in the November 2014 Geneial Election to extend the City's existing one -hall peicent I- iansactions and Use "1 a\ Chapter 3 15 for another eight veins to March 31 2023 NOW, "THEREFORE, BI, - 11 ORDAINED by the Council and the People of the Cite of San Luis Obispo as follows SUCTION 1 Chapter 3 15 of the City s Municipal Codc is hueby amended and re- enacted in full to read as follows Chaptei 3 15 ESSENTIAL SERVICES TRANSACTIONS (SALES) AND USE -TAX 3 15 010 Title _ Phis chapter shall be known as the city of San Luis Obispo essential services transactions (sales) and use tai ordinance The city of San Luis Obispo hereinafter shall be called the city This chapter shall be applicable in the incorporated terntoty of the city Ordinance No (2014 Series) Page 3 3 f> 020 Purpose _ _ E\htbu A This chapter is adopted to achieve the followmg among other ptuposes and directs that the piovisions hereof be interpreted in older to accomplish those purposes A To protect and maintain essential services and facilities— such as open space preservation bile lanes sidewalks and other traffic congestion relief projects public safety neighborhood street paving and code enforcement flood protection senior citizen programs including services and facilities and other vital general purpose services and capital improvement projects —by e\tendmg a general purpose retail uansacuons and use tai of one -hall percent in accordance with the provisions of Part 1 6 (commencing with Section 7251) of Division 2 of the Revenue and Ta\auon Code and Section 7255 9 of Part 1 7 of Division 2 which authorizes the env to adopt this general purpose tav chaplet which shall be opeiative if two -thuds of the council and a majoritv vote of the electors voting on the measure vote to approve the extension of this general purpose revenue source at an election called for that purpose B To adopt a ietail transactions and use tai chapter that mcorpoiates provisions identical to those of the sales and use tai 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 tai chapter that imposes a tai and provides a measure therefor that can be administered and collected by the State Board of Equalization m a manner that adapts itself as fully as practicable to and requires the least possible deviation from the emsung statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State sales and use ta\es D to adopt a retail transactions and use tai chapter that can be administered m 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 Ta\auon Code minimize the cost of collecting the transactions and use tapes and at the same time minimize the burden of recordkeepmg upon persons subject to taxation under the provisions of this chapter ce Ordinance No (2014 Series) Page 4 3 15 030 Eight -_ear sunset Exhibit A The authority to levy the tax imposed by this chapter shall expire in eight sears on iMarch 31 2023 unless extended by the voters 31i040 Fiscal accountability provisions— Citizen ovei sight and independent annual tinanual audits Alone with the city s ongoing commitment to citizen involvement as a fundamental principle of good goveinment specific citizen oversight and fiscal accountability provisions are heiebv established as follows A Revenue Enhancement Oversight Commission A citizen s commission will be established to provide transparency and maximize City accountability The Commission will be responsible for reviewing and making budget recommendations directly to thi. City Council regarding expenditures from the essential services transactions (sales) and use tax and repotting annually to the community on the Citv s use of these tax revenues B Accounting and Tracking Expenditures The funds collected through the Citv of San Luis Obispo essential services transactions (sales) and use tax oidutance shall be accounted for and tracked by the City "I reasurer separately to facilitate citizen oversight C Independent Annual Financial Audit The amount generated by this general purpose revenue source and boxy it was used shall be included in the annual audit of the city s financial operations by an independent certified public accountant D Integration of the Use of Funds Into the Cnv's Budget and Coal- Setting Process The estimated revenue and proposed use of funds generated by this measure shall be an integral part of the city s budget and goal- setting process and significant opportunities will be provided for meaningful participation by citizens in determining prionty uses of these funds E Annual Commumty Report A written report shall be reviewed at a public hearing by the Revenue Enhancement Oversight Commission and a summary will be provided annually to every household in the comnnuuty detailing how much rcvenue is being generated by the measure and how funds are being spent F Annual Citizen Oversight tMeeting An invitation will be extended each year to the entire community inviting them to participate in a forum to review and dISLUSS the use of the revenue generated by this measwe Citv staff will also be available to meet with any M Ordinance No (2014 Series) Page Exhibit A group that requests a specific briefing with their members to discuss and answer questions about the revenues generated by the measuie and their uses 3 15) Oil) 1 i ansactions (sales) tax rate For the privilege of selling tangible personal property at retail a tai is hereby imposed upon all ietailers in the incorporated territory of the city at the rate of one -half percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail tit said territory on and after the operative date of this chapter 315 060 Use taw rate An excise tai is hereby imposed on the storage use or other consumption in the city of tangible personal property purchased front any retailer on and after the operative date of this chapter for storage use or other consumption m said ten itory at the rate of one -half percent of the sales price of the property The sales price shall include delivery charges when such charges are subject to state sales or use tay regardless of the place to cvhu It delivery is made 3 15 070 Oncrative date Operative date means the first day of the first calendar quarter commencing more than one hundred ten days after the adoption of the oidmance codified in this chapter 15 080 Contiact with stat 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 ta, chapter 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 ofthe first calendat quaiter following the c%ecution of such a contract 3 15 090 Place of sale Foi the purposes of this chapter 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 Ills 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 tay rcgardlcss of the place to which deliveiv is made In the event a retailer has no permanent place of business in the state or has nmore than one place of business 0 Ordinance No (2014 Series) Pane 6 Exhibit A 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 3 15 100 Adoption of provisions of state law E\ccpt as otherwise provided ut this chapter and c\cept 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 I (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this chapter as thou,h full\' set forth herein 3 1 i 110 Limitations on adoption of slate Iasi and colicettOil of use taxes In adopting the provisions of Part 1 of Division 2 of the Revenue and Ta\auon Code A Wherever the state of California is named or referred to as the taming agencv the name of this city shall be substituted theiefoi I lowevei the substitution shall not be made when I The word state is used as a part of the title of the State Controller State Treasurer State Board of Control State Boaid of Equalization State freasuiv of the Constitution of the State of California 2 The result of that substitution would iequire action to be taken by or against this city or anv agencv officer or employee thereof rather than by or against the State Board of Equalization m pertoiniong the functions incident to the administration or operation of this chapter 3 In those sections including but not necessarily hnuted to sections referring to the e\tenor boundaries of the state of California where the result of the substitution would be to a Provide an e\empuon from this tai with respect to certain sales storage use or other consumption of tangible personal property which would not otherwise be exempt from this ta., awhile such sales storage use or other consumption remain subject to tas by the state under the provisions of Part 1 of Division 2 of the Revenue and Ta\auon Code or b Impose this tai with respect to certain sales storage use or othei consumiption of tangible personal property which would not be subject to tai 0 Ordinance No (2014 Series) E\hibu A Page 7 by the state undei 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 ill business in this state in Section 6203 and in the definition of that phrase in Section 6203 (Ord 1495 §11 2006) 3 B 120 Permit not required If a seller s permit has been issued to a retailer under Section 6067 of the Revenue and Ta\auon Code all additional transactor s pernn shall not be required by this chapter 3 15 130 E\eniptions and e\clustons fhe following transactions shall be exempted and excluded A there shall be excluded from the measure of the transactions tax and the use tai the amount of any sales tai or use tai 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 1'a\ Law or the amount of any state- adnumstered transactions or use tai 13 There are e\enmpted from the computation of the amount of transactions tai the gross receipts from I Sales of tangible personal property other than fuel or petroleunm 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 section delivery to a point outside the city shall be satisfied 0 Ordinance No (20 14 Series) Page 8 E%hibu A 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 registeted undei Division 3 5 (commencing with Section 9840) of the Vehicle Code by registration to an out- of -cuv address and by a declaration under penalty of penury signed by the buyer stator <, 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 cay and declaration under penalty of penury signed by the buyer that the vehicle will be operated from that address 3 The sale of tangiblE personal property if the scllei is obligated to lurnish the propcity for a fired price pursuant to a contact enteied into prior to the operative date of this chapter 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 fired by the lease prior to the operative date of this chapter 5 for the purposes of subsections (13)(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 fot 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 eyercised C There are exempted from the use tai imposed by this chapter the storage use or other consumption in this city of tangible per sonal property 1 The gross receipts from the sale of which have been subject to a transar Lions tai under any state - administered transactions and use tai 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 0 Ordinance No (2014 Series) Page 9 Exhibit A certificate of public convenience and necessity issued pursuant to the laws of this state the United States or anv 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 chapter 4 If the possession of or the exercise of anv right or power over the tangible personal piopeity arses under a lease which is a contrnumg purchase of such propeity foi anv period of time for which the lessee is obligated to lease the property for an amount lixed by a lease prior to the operative date of this chapter 5 1 -or the purposes of subsections (C)(3) and (4) of this section storage use or other consumption of 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 anv period of ume 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 ngoht is exercised 6 Except as provided in subsection (C)(7) of this section a retailer engaged in business in the cav 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 cav in making the sale of the property including but not limited to soliciting or receiving the order either directIv 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 anv retailer of any of the lollowmg 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 9540) of the Vehicle Code That retailer shall be requued to collect use tax from any purchaser 7 Ordinance No (2014 Series) Ethibu A Pace 10 who registers or licenses the vehicle vessel or aircraft at an address in the city D Any person subject to use tai under this chapter may credit against that tai anv transactions tai or reimbursement for transactions tai paid to a district Imposing or retailer liable for a tiansacuons tai pursuant to Part 1 6 of Division 2 of the Revenue and Taxation Code tvuh respect to the sale to the person of the property the storage use or other consumption of which is subject to the use tai 3 15 140 Amendments All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taves and which are not uuonsistent with Part 1 6 and Pan 1 7 of Division 2 of the Revenue and "I a\ation Code and all amendments to Part 1 6 and Part 1 7 of Division 2 of the Revenue and Ta\auon Code shall automaucalh, become a part of this chapter provided however that no such amendment shall operate so as to affect the rate of ta\ imposed by this chapter 3 1i 1.50 Enjoining collection foi hidden No Injunction or writ of mandate or other legal or equitable process shall issue ui anv stilt action or pioceedmg in any court against the state or the city or against any officer of the state or the city to pievent or enjoin the collection under this chapter or Pait 1 6 of Division 2 of the Revenue and Taxation Code of any ta\ or any amount of tar required to be collected SEC"riON 2 A summary of this ordinance together with the names of Council members voting for and against shall be published at least five (5) days prior to its final passage in The Tribune a newspaper published and circulated in this City This ordinance shall go into effect upon adoption by the voters 0 Oidinance No (2014 Stites) Pau_e I 1 Ethibn A INTRODUCED on July 1 2014 AND FINALLY ADOPTED by the Counul of the City of San Luis Obispo on July 15 2006 on the lollowing toll call vote AYES NOES ABSENT PASSED AND ADOPTED by the Voteis of the Cite San Luis Obispo on No\enbei 4 2014 by the lollowtna vote tally AYES NOES ABSENT Nlavor Jan Mary AT"I'EST Anthony .f ileJia CMC City Clerk APPROVED AS I'0 FORM J Christine Dietrich City Attorney C�7