R 5194 RESOLUTION NO. 5194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ORDERING THE SUBMISSION TO
THE QUALIFIED ELECTORS OF THE CITY A MEASURE
RELATING TO THE ESTABLISHMENT OF A LOCAL
TRANSACTION AND USE TAX (SALES TAX) AT THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 8, 2022, AS CALLED BY
RESOLUTION NO. 5187
WHEREAS, while the City of Arroyo Grande is fortunate to have a diversified source of
revenues to provide enhanced public services to its residents, businesses and visitors,
despite fiscal prudence over the past decade it has been significantly and adversely
impacted by growth in operating costs to provide municipal services and facilities that are
not matched by projected increases in current levels and types of revenues; and
WHEREAS, the City continues to have unfunded or severely underfunded needs to core
City infrastructure, including maintenance and repair of streets, sidewalks, potholes,
stormwater and drainage facilities, as well as other underfunded City programs and
projects; and
WHEREAS, the City of Arroyo Grande is committed to securing local sources of future
revenue to fund these vital general City services and provide fiscal sustainability; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has
authority to place measures on the ballot to be considered at a General Municipal Election
and desires to place a local funding measure on the ballot at the consolidated Statewide
General Election on November 8, 2022; and
WHEREAS, the funding raised by this measure will allow the City to: keep up with basic
repairs and maintenance to public facilities, storm drains, streets, and sidewalks and
avoid more expensive repairs in the future, and provide for other needed City programs
and services; and
WHEREAS, pursuant to the law of the State of California, a General Municipal Election to
be held in the City of Arroyo Grande ("City") on November 8, 2022, for the election of
certain officers of the City has been called per Resolution No. 5187; and
WHEREAS, a request for consolidating the General Municipal Election with the Statewide
General Election on November 8, 2022 has been called per Resolution No. 5187; and
WHEREAS, Revenue and Taxation Code section 7285.9 authorizes the City, subject to
approval by a majority vote of the qualified voters of the City voting in an election on the
issue, to levy a transactions and use tax pursuant to the Transactions and Use Tax Law at
a rate of 0.125%or any multiple thereof for general purposes and projects; and
RESOLUTION NO. 5194
PAGE 2
WHEREAS, Section 2(b) of Article XIII C of the California Constitution, added by
Proposition 218 effective November, 1996, requires that the measure proposing a general
tax be submitted to the voters at an election consolidated with a regularly scheduled
general election for members of the governing body of the local government; and
WHEREAS, pursuant to California Constitution Article XIII C, section 2 and Elections
Code section 10201, the City has determined to submit a measure to enact an ordinance
establishing a transactions and use tax to the voters at the City's next regular election;
and
WHEREAS, pursuant to Government Code Section 53724(b) and Revenue & Taxation
Code Section 7285.9, the ordinance proposing the transactions and use tax, attached to
this Resolution as Exhibit A, requires approval by a two-thirds (2/3) vote of all members
of the City Council and approval of the ballot measure and the ordinance by majority of
the voters casting votes at the General Municipal Election on November 8, 2022; and
WHEREAS, if the measure is approved, the City Council also desires to continue its
practice of receiving community input on the use of additional revenues generated by the
additional sales tax revenues.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are
true and correct and are incorporated herein by this reference.
SECTION 2. Under the provisions of the California Elections Code, the City Council,
pursuant to its right and authority, does order submitted to the voters at the General
Municipal Election to be held on November 8, 2022, the following question:
CITY OF ARROYO GRANDE
MEASURE
YES
To provide funding for general governmental use
in Arroyo Grande, including maintenance and
repair of streets, sidewalks, stormwater and
drainage facilities, and for other City programs
and facilities, shall an ordinance establishing a
one percent sales tax be adopted, providing NO
approximately $5,600,000 annually until ended
by the City Council and requiring annual reports
on revenues and expenditures, and review and
public hearing by the City Council every five
years on its necessity?
RESOLUTION NO. 5194
PAGE 3
SECTION 3. That the full text of the measure is attached hereto as Exhibit A and
incorporated herein, and should said measure be approved by the requisite vote, the
ordinance shall be enacted.
SECTION 4. All persons qualified to vote at municipal elections in the City on the day of
the election herein provided for shall be qualified to vote on the measure hereby
submitted at the General Municipal Election.
SECTION 5. In all particulars not recited in this Resolution, the election shall be held
and conducted as provided by law for holding general municipal elections in the City.
SECTION 6. Notice of the time and place of holding the General Municipal Election is
given and the City Clerk is authorized, instructed and directed to give further or
additional notice of the election, in the time, form and manner as required by law.
SECTION 7. If any section, subsection, sentence, clause, phrase or provision of this
Resolution or the application thereof to any person or circumstances is held invalid or
unconstitutional by any court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of any other provision or applications, and
to this end the provisions of this Resolution are declared to be severable. The City
Council hereby declares that it would have passed this Resolution and each section,
subsection, sentence, clause, phrase or provision thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases or provisions
thereof be declared invalid or unconstitutional.
SECTION 8. This Resolution shall take effect immediately upon its adoption by a
two-thirds vote of the members of the City Council.
SECTION 9. The City Clerk of the City of Arroyo Grande is hereby directed to certify
to the passage and adoption of this Resolution and to file a certified copy of this
Resolution with the Board of Supervisors of San Luis Obispo County and the
Registrar of Voters of San Luis Obispo County at least eighty-eight (88) days before
the date of the election.
On motion of Council Member Storton, seconded by Council Member George, and on the
following roll call vote, to wit:
AYES: Council Members Storton, George, Paulding, Barneich, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24th day of May, 2022.
RESOLUTION NO. 5(1L-1
PAGE 4
if) . fr�
CAREN RAY RI M, MAYOR
ATTEST:
410+ i "fir 1/4�'�
SICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
4) pi Pr, i
/ I/
WHITNEY M*DONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO. 5194
PAGE 5
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
ADDING CHAPTER 3.23 TO TITLE 3 OF THE ARROYO
GRANDE MUNICIPAL CODE RELATED TO A
TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY
THE CALIFORNIA DEPARTMENT OF TAX AND FEE
ADMINISTRATION
WHEREAS, Revenue and Taxation Code section 7285.9 authorizes the City of Arroyo
Grande ("City"), subject to approval by a majority vote of the qualified voters of the City
voting in an election on the issue, to levy a transactions and use tax pursuant to the
Transactions and Use Tax Law at a rate of 0.125% or any multiple thereof for general
purposes and projects; and
WHEREAS, Section 2(b) of Article XIII C of the California Constitution, added by
Proposition 218 effective November, 1996, requires that the measure proposing a
general tax be submitted to the voters at an election consolidated with a regularly
scheduled general election for members of the governing body of the local government;
and
WHEREAS, pursuant to California Constitution Article XIII C, section 2 and Elections
Code section 10201, the City has determined to submit a proposition to enact an
ordinance establishing a transactions and use tax to the voters at the City's next regular
election; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has
authority to place measures on the ballot to be considered at a General Municipal
Election and desires to place a local funding measure on the ballot at the statewide
general election on November 8, 2022; and
WHEREAS, pursuant to Government Code Section 53724(b) and Revenue & Taxation
Code Section 7285.9, this ordinance proposing the transactions and use tax requires
approval by a two-thirds (2/3) vote of all members of the City Council and approval of
the ballot measure and the ordinance by majority of the voters casting votes at the
General Municipal Election on November 8, 2022.
THE PEOPLE OF THE CITY OF ARROYO GRANDE, CALIFORNIA DO HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Addition of Chapter 3.23. Chapter 3.23 is hereby added to Title 3 of
the Arroyo Grande Municipal Code to read as follows:
Chapter 3.23 - TRANSACTIONS AND USE TAX.
RESOLUTION NO. 5194
PAGE 6
3.23.010 - Short title.
This chapter shall be known as the "Transactions and Use Tax" and shall
be applicable in the incorporated territory of the City of Arroyo Grande
("city"). This chapter shall complement, and not replace or supersede,
the city's existing sales and use tax, as such tax is described in Chapter
3.20 and existing transaction and use tax Chapter 3.22 of Title 3 of the
Arroyo Grande Municipal Code.
3.23.020 - Definitions.
For the purpose of this chapter the following words terms shall
have the meaning given in this section:
"In the city" means and includes all territory within the city limits.
"Operative Date" means the first day of the first calendar quarter
commencing more than 110 days after the later of the adoption of this
chapter and the approval by the voters of the city of a measure approving
the imposition of an increased transactions and use tax; provided that, if
the city shall not have entered into a contract with the California
Department of Tax and Fee Administration as required by section
3.11.040 prior to such date, the operative date shall be the first day of the
first calendar quarter following the execution of such a contract.
3.23.030 - Purpose.
This chapter of the Arroyo Grande Municipal Code has been
adopted for the following purposes, and directs that the provisions hereof
be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance
with the provisions of Part 1.6 (commencing with Section 7251) 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 tax. This chapter
shall be operative if a majority of the electors voting on the measure vote
to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax 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 that imposes a
tax and provides a measure therefor that can be administered and
RESOLUTION NO. 5194
PAGE 7
collected by the California Department of Tax and Fee Administration 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 California Department of Tax and Fee
Administration in administering and collecting the California State Sales
and Use Taxes.
D. To adopt a retail transactions and use tax that can be
administered in a manner that will, to the greatest degree possible, be
consistent with the provisions of Part1.6 of Division 2 of the said Revenue
and Taxation Code, and thereby minimize the cost of collecting city
transactions and use taxes, and at the same time minimize the burden of
record keeping upon persons subject to taxation under the provisions
thereof.
3.23.040 - Contract with state.
Prior to the operative date, the city shall contract with the
California Department of Tax and Fee Administration to perform all
functions incidental to the administration and operation of this
transactions and use tax ordinance. If the city has not contracted with the
California Department of Tax and Fee Administration 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 first calendar quarter following
the execution of such a contract. The city council may make any technical
amendments to this chapter required by the California Department of Tax
and Fee Administration, except for any changes affecting the tax rate,tax
methodology, or its manner of collection.
3.23.050 - Imposition of transactions and use 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 one percent (1%) of the gross receipts of any retailer
from the sale of all tangible personal property sold at retail in the city on
and after the operative date of this chapter.
3.23.060 - Place of sale.
For 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 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
RESOLUTION NO. 5194
PAGE 8
consummated shall be determined under rules and regulations to be
prescribed and adopted by the California Department of Tax and Fee
Administration.
3.23.070 - Imposition of use tax — 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 or after the operative date of this chapter for storage, use or
other consumption in said territory at the rate of one percent (1%) of the
sales price of the property subject to the tax. 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.
3.23.080 - Adoption of provisions of state law— Generally.
Except as otherwise provided in the chapter 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 § 6001) of Division 2 of the Revenue and Taxation Code are hereby
adopted and made a part of this chapter as though fully set forth herein.
3.23.090 - Adoption of provisions of state law — Limitations;
Limitations on 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 therefore.
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 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 California Department of Tax and Fee
Administration, in performing the functions incident to the administration
or operation of this chapter.
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:
RESOLUTION NO. 5194
PAGE 9
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.
3.23.100 - 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 chapter.
3.23.110 - Exemptions and exclusions.
A. Measure of Tax. There shall be excluded from the measure
of the transactions and 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-Burns Uniform Local Sales and Use Tax
Law or the amount of any state-administered transactions or use tax.
B. Transactions Tax Exemptions. There are exempted from
the computation of the amount of transactions tax the gross receipts
from:
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
RESOLUTION NO. 5194
PAGE 10
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.
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.
5. For the purposes of subsections (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. Use Tax Exemptions. There are exempted from the use tax
imposed by this chapter, 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
RESOLUTION NO. 5194
PAGE 11
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.
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.
5. For the purposes of subsections (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.
D. Exemption from Collection of Use Tax. Except as provided
in subsection (E), 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.
E. Retailer Not Exempt from Collection of Use Tax. "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.
F. Credit Against Use Tax .for Transactions Tax Paid
RESOLUTION NO. 5194
PAGE 12
Elsewhere. Any person subject to use tax under this chapter 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.
3.23.120 - Adoption of amendments to state law.
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 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 chapter, provided however, that
no such amendment shall operate so as to affect the rate of tax imposed
by this chapter.
3.23.130 - Enjoining collection prohibited.
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 hereunder, or Parts 1.6 of Division 2 of the Revenue
and Taxation Code, of any tax or any amount of tax required to be
collected.
3.23.140. Annual Report.
City shall annually mail to each household an annual report, which
presents in summary form expenditures from the prior fiscal year from
revenue generated from the Transactions and Use Tax and budgeted
expenditures for the upcoming fiscal year.
3.23.150. Period Review.
The City Council shall consider reduction or repeal of the Transactions
and Use Tax at public hearings every five years after the effective date
of this ordinance.
SECTION 2. Use of Tax Proceeds. All proceeds of the tax levied and imposed
hereunder shall be accounted for and paid into the City of Arroyo Grande General
Fund, and may be used for any lawful purpose as designated by the City Council.
SECTION 3. Effective Date. Pursuant to the California Constitution Article XIIIC(2)(b)
RESOLUTION NO. 5194
PAGE 13
and California Elections Code 9217, if approved by a majority vote of the qualified
voters of the City voting on the issue at the November 8, 2022 General Municipal
Election, this ordinance shall be deemed valid and binding and shall be considered
adopted upon the date that the vote is declared by the City Council, and shall go into
effect ten (10) days after that date.
SECTION 4. Severability. If any section, sentence, clause or phrase of this ordinance
is for any reason held to be invalid or unconstitutional by a decision of a court of
competent jurisdiction, such decision shall not affect the validity of the remaining
provisions of this Ordinance. The People of the City of Arroyo Grande hereby declare
that they would have adopted this Ordinance irrespective of the invalidity of any
particular portion thereof and intends that the invalid portions should be severed and
the balance of the Ordinance be enforced.
SECTION 5. Statutory Authority for Tax. This ordinance is adopted pursuant to
Revenue and Taxation Code section 7285.9.
SECTION 6. Codification. Upon adoption of this ordinance pursuant to the voter
approval referenced in this ordinance, the City Clerk is hereby authorized and directed
to codify this ordinance in the Arroyo Grande Municipal Code.
I HEREBY CERTIFY that the foregoing ordinance was adopted by a two-thirds vote of
all members of the City Council of the City of Arroyo Grande as required by Revenue
and Taxation Code Section 7285.9 and Government Code Section 53724 and
submitted to the voters at the meeting of the City Council held on the day of June,
2022, by the following roll call vote:
AYES:
NOES:
ABSENT:
RESOLUTION NO. 5194
PAGE 14
CAREN RAY RUSSOM. MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
Ordinance No. was submitted to the People of the City of Arroyo Grande at the
November 8, 2022 General Election. It is hereby certified that this ordinance was passed
and approved by following vote of the People of the City of Arroyo Grande:
YES:
NO:
This ordinance was thereby adopted by the voters at the November 8, 2022 General
Election and shall take effect as provided by law.
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5194 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 24th day of May, 2022.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 31st day of
May, 2022.
4
SICA MATSON, CITY CLERK