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R 3250 RESOLUTION NO. 3250 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUPPORTING A CONSTITUTIONAL INITIATIVE TO ALLOW A VOTER OPTION FOR REDISTRIBUTION OF SALES TAX TO LOCAL GOVERNMENT WHEREAS, cities only receive 12% of the statewide property taxes paid, only 13.8% of the statewide sales taxes, and no income taxes; and, WHEREAS, most cities have significant service obligations in the areas of public safety, infrastructure maintenance, parks maintenance, ~pital improvements, building code enforcement, and library services; and, , WHEREAS, taxpayers have demanded that government be held accountable, control government spending, and that taxpayers get a return on their tax dollar investment in the form of local services; and, WHEREAS, the current distribution of taxes threatens the provision of services provided by local government and has led to a concern amongst taxpayers as to where their tax dollars are going; and, .. WHEREAS, in 1996 and 1997, approximately 300 cities supported legislation to redistribute one percent of sales taxes from the state to cities and counties to respond to the aforementioned problems and concerns; and, WHEREAS, the State Legislature did not pass the proposed legislation and in so doing denied both cities and counties the opportunity to establish a permanent and dependable revenue source out of existing tax dollars; and, WHEREAS, by not passing the proposed legislation this last year, the State legislature denied voters of the option to redistribute revenue from the state to local government to meet local service needs as may be desired by local taxpayers. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande does hereby support the Constitutional Initiative entitled "Voter Option to Redistribute Taxes to Local Government Acf' as introduced to the Attorney General's Office by the California Caucus for Cities and Schools. On motion of Council Member Lady I seconded by Council Member Runels I and on the following roll call vote, to wit ..- AYES: Council Members Lady, Runels,Tolley, and Mayor Dougall NOES: None - . ABSENT: Council Member Fuller ~_._._.- ""~'-"- -.-'-- Resolution No. 3250 The foregoing Resolution was passed and adopted this 26thday of August ,1997. [ r ATTEST: /J . u.~ NANC~S, CITY CLERK APPROVED AS TO FORM: ~-X ~ -? r"" TIMOjT Y J. CARM~TY ATTORNEY ;. APPROVED AS TO CONTENT: &..' . -Ko lr-a L . ftu.u 1 " ROBERT L HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that #1e foregoing Resolution No. 3250 is a true, full, and correct copy of said Resolution;passed and adopted at a regular meeting of said Council on the 26th day of August, 1997. WITNESS my hand the Seal of the City of Arroyo Grande affixed this 26th day of r August ,1997. 'f1~a.~ ! .~ t... NANCY ADS, CITY CLERK - ._~._- - Page 1 INITIATIVE MEASURE TO BE SUBMIt Hill DIRECTI.. Y TO THE VOTERS The Anomey General of California has prepaied the fono~ title arid S1h..h~ry of the chief purpose and points of the proposed measure: . (Here set forth the title and 5IIn1Tm1j' prepared by the Attorney General This title and snmmary must also be printed across the top of each page of the petition whereon signatures are to appear.) . TO THE HONORABLE SECRETARY OF STATE OF CALIEORNIA We. the undersigned, registered, qualified voters ofCalifomia, resident~ of San Luis County hereby propose amendments to the Constitution of California,. relating to local government finance and petition the Secretary of State to submit the same to the voters of-California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed constitutional amertdments (full title and text of the measure) read as follows: SECTION 1. This act is known and may be cited as the "Voter Option To Redistribute Taxes To Local Government Act." SEC.2. The People J:1ereby:find and declare all of the following: (a) Local voters should be given the option of establishing a perm~nent and dependable source of revenue for essential services, incb]ding police., sherit1S, ~ district attorneys, corrections, public infrastructure. libraries and parks. . (b) Local governments have a responsibility fur providing an adequate level of essential services and taxpayers have demanded accountability, control of government spending, and a return on their tax dollars. (c) Local gOveITlments do not receive an adequate share of existing general fund tax revenues and the CUITent distribution of these revenues has resulted in a fimding crisis in many commnnities that threatens the provision of essential services dem~nded by the public. (d) Local voters deserve the opportunity to detennine the public service needs of their commui:tities and the potential of meeting those needs with existing tax dolJars, including the manner in which tax revenues are distributed.. SECTION 3. Article XIII E is added to the California Constitution, to read: ARTICLE XIII E SECI10N 1. The governing body of any city, city and county, or cOUDty may, by the adoption of an ordinance approved by two-thirds ofits entire membership, propose to the voters of that ~ity, city and county, or county redistribution ofsa1es and.use taxes through a reductio~ in the state sales and use tax and the imposition of a local sales and use tax. . Any ordinance approved pursuant to this section shall be submitted to the voters in accordance with Section 4. --'----- - - ---. ~-,-,._-- --_.._._..-.._-~._,--- -- .-- Page 2 SEC. 2. The sales tax portion of any ordinance adopted pursuant to this article shall be imposed for the privilege of selling tangible personal property at retail, aud shall include provisions in substance as follows: (a) (1) A provision imposing a tax for the privilege of selling tangiblC j:Jersonal property at retail upon every retailer in the city, city and county, or uniricorporated area of the county at one of two rates specified in paragraph (2) on the gross receipts of the retailer nom the sale of tangible personal property sold by that person at retail in the city, city and county, or unincorporated area of the county. (2) For purposes of paragraph (1), the tax rate shall be either of the following: (A) Two tenths of 1 percent fur the :first year in which the ordinance is opc:ra$e, and shall be increased by. an additional.20 percent rate for each suN"Pflltiing year until the tax rate equa1s.1 percent for the fifth year and each year thereafter in which the ontinaD.ce is operativE. (B) One tenth of one percent for the first year in which the ordin~nt".P. is operative, and shall be increased by an additional.l 0 percent rate for each ~ing year until the tax rate equa1s .50 percent in the fifth year and each year thereafter in which the ordinanc".p. is operative. (b) A provision stating that the rate of tax specified in subdivision (a) is equal to the rate reduction required in the levying jurisdiction by subdivision (a) of Section 6. (c) Provisions identical to those coutainP.rl in the Sales and Use Tax Law, or its successor, insofar as they reJate to sales tax, except that the name of the city, city and county, or county as the taxing agency shall be substituted fur that of the state (but the name of the city, city and county, or county shall not be substituted for the word "state" in the phrase "retailer engaged in business in this state" as used in the Sales and Use Tax Law, or its successor, nor in the definition of that phrase in the Sa1es~d Use Tax Law, or its successor) and an additional seller's permit shall not be required if one bas been.or is issued to the seller pursuant to the Sales and Use Tax Law, or its successor. (d) A provision that all amen~!3 subsequent to the effective date of the enactment of the Sales and Use TaX Law, or its successor, and not inconsistem: with this artic~ shall automatically become a part of the orrlirnmce of the city, city and county, or county. (e) A provision that all exemptions applicable to the sales tax rate imposed pursuant to the Sales and Use Tax Law, or its sucCessor, are applicable to the sales tax rate imposed by the ordinance. . (f) A Provision that the city, city and county, or county shaD., prior to the effective date of the sales and use tax ordinance, contract with the State Board of Equalization to perform all functions incident to the administration or operatiQn of the sales and use tax ordin~nce of the city, city and county, or county. Any contract as so described shall continue in effect for as long as the city, city and county, or county bas an operative sales and use tax ordinance enacted pursuant to this article. . (g) A provision that the amount subject to tax shall not include the amount of any sales or use tax imposed by the State ofCalifomia upon a retailer or consumer. SEC. 3. The use tax portion of any sales and use tax ordinance adopted pmsuant to this article shall impose a complemf"Jrtmy tax upon the storage, use, or other consumption in the city, city and county, or county of tangible personal property --..--- -- ._- Page 3 purchased from any retail~ for storage, use, or other consumption in the city, city and county, or county. The rate of this use tax shall be identical to the applicable sales tax rate . specified by the sales tax portion of the orrlinm1t'i'!_ The use tax J'Ortion of ~ ordiDance shall include all of the fonowing: . . (a) A FOvision stating that the rate of the tax is equal to the rate reduction required in the levying jurisdiction by subdivision (b) of Section 6. (b) Provisions identical to those conraTrted in the SaJesand Use Tax Law, or its successor, insofur as they relate to use tax, except that the name of the city, city and county, or county as the taxing agency shall be substituted for that of the. state (but the name of the city, city and county, or county shall not be substituted for the word "state" in the phrase "retailer engaged in business in this ~" as used in. the Sales and Use Tax Law, or its successor, nor in the definition oftbat phrase in the Sales and Use Tax Law, or its suc~assor) and an additic=1 :;e!!cr'3 permit shall net ~ ~uir\:d if one has been or is issued to the sener pursuant to the Sales and Use Tax Law, or its successor. (c) A provision that all amenrlmenr~ subsequent to the effective date of the enactment of the Sales and Use Tax Law, or its successor, relating to use tax and not inconsistent with this article, shall automatically become a part of the orrlin~nce of the city, city and county, or county. (d) A provision that an exemptions appJicable to the use tax rate imposed pursuant to the Sales and Use Tax Law, or its successor, are applicable to the use tax imposed by the ordinance. (e) A provision that the storage, use, or other consumption of tangible personal property, the gross receipts from the sale of which have been subject to sales tax under a sales and use tax ordinance enacted in accordance with this article by a city, city and county, or county, shall be exempt ftom the use tax imposed by the ordinance. (f) A provision that the amount subject to tax shall not include the amoUl1t.of any sales or use tax imposed by the State of California upon a retailer or consumer. SEC. 4. No ordinance adopted pursuant to this article shall be effective unless that ordinance is submitted to the electOrate of the adopting city, city and county, or county and is approved by a majority of the votes cast on the issue. For purposes of the preceding sentence, "the electorate of an adopting county" means only those voters in the unincorporated area of that county. Arrj election conducted pursuant to this section shall be held as a regular or special election not less than 88 days after the adoption of the subject ordinance. Any ordinance that becomes effective in accordance with this section shr'lll become 'operative COTT1TT1e11cmg on the first day of the first calendar quarter commencing more than 90 days after the date upon which the election results with respect to that ordinance are certified. SEC. 5. Any sales and use tax ordinance that is operative pursuant to this article with respect to a county shall be inoperative within the boundaries of any city located in that county. SEC. 6. (a) (1) In any city, city and county, or coumythat elects to impose a tax rate pursuant to Section 1, the rate of sales taX imposed by the state pursuant to the Sales and Use Tax Law. or its successor. which generates general fund revenue for the stat~ shall be reduced by that rate of tax imposed by the electing agency pursuant to that section. Any rate reduction made pursuant to this section in the rate of tax imposed ~ . Page 4 pursuant to Sales and Use Tax Law, or its succe~ shall be operative commencing with the first caJ~d~ quarter COrrtrnencing more than 90 days after the date upon which the approval by the voters of a tax rate to be imposed pursuant to Section 1 is ~ (2) No tax rate reduction made pursuant to paragraph (1) shall result in any. reduction in the amount of the state's funding obligation to schools pursuant to Section 8 of Article XVI: If, with respect to any fiscal year, the Departmem ofFmance, or a successor department, determines that the state caDDOt fulfill its funding obligations pursuant to Section 8 of Article XVI as a ~ ofm rate reductions made pursuant to this subdivisio~ it shall be the responsibility of the state to comply with Section 8 of Article XVI in an TMnner that does not . (A) Affect amounts of revenue otherwise aDocatecho or received by cities, cities and counties, or counties from state and meal taxes, fees and a.~P.IltS, including the growth in lb.ese revenue sources. (B) Affect distribution methods used to allocate state and local taxes, fees and assessments, including the growth in these revenue sources, to and amongst cities, cities and counties, and/or counties. (C) Result in any shift of state service or program obligation to cities, cities and counties, or counties. (D) Result in any redistribution of service or program obligations amongst cities, cities and counties, and/or counties. (b) (1) In any city, city and coumy, or coumytbat elects to impose a tax rate pursuant to Section 1, the rate of state use tax imposed by the state pursuant to the Sales and Use Tax Law, or its successor, that generates general fund revenue for the state, shall be reduced by that rate of tax imposed by the electing agency pmsuant to that section. Any rate reduction made pursuant to this subdivision in the rate of tax imposed pursuant to Sales and Use Tax Law, or its successor, shall be o~cU:ive commencing with the first calendar quarter commencing more than 90 days after the date upon which the approval by the voters of a tax rate to be imposed pursuant to Section 1 is certified. (2) No tax rate reduction made purswmt to paragraph (1) shall result in any reduction in the amount of the state's funding obligation to schools pursuant to Section 8 of Article XVI. If, with respect to any fiscal year, the Department of Finance, or a successor department, determines that the state caDDOt fulfill its funding obligations pursuant to Section 8 of Article XVI as a result of tax rate reductions made pursuant to this subdivisio~ it shall be the responsibility of the state to comply with Section 8 of Article XVI m an manner that does not (A) Affect amounts of revenue otherwise aDocated to or received by cities, cities and counties, or counties from state and loeal taxes, fees and as.~s, including the growth in these revenue sources. (B) Affect distribution methods used to allocate state and local taxes, fees and assessments, including the growth in these revenue sources, to and amongst cities, cities and counties, and/or counties. (C) Result in any shift of state service or program obligation to cities, cities and counties, or counties. (D) Result in any redistribution of service or program obligations amongst cities, cities and counties, and/or counties. ---.------ ~_._.,-- -- - ---.----- Page 5 SEC. 7. (a)(l) Notwithstanding any other provision of Jaw, including the provisions of this constitution, the state sales tax rate imposed pursuant to Sales and Use Tax Law, or its successor, sba.ll be at least 4.75 percent, unless this rate is ~ by any city, city and county, or county pursuant to this article. '. (2) Notwithstanding any other provision of Jaw, including the provisions 'oftbis constitution, the proceeds ftom the state sales tax rate specified in paragraph (1) shall be considered general fund revenue of the state. (b) (H Notwithstanding any other provision of Jaw, incIudiog the provisions of . this constitution, the state use tax rate imposed pursuant to Sales and Use Tax LaW., or its successor, sba.ll be at a rate of at least 4.7:J percent, unless this rate is mb1ced by any city, city and county, or county pursuant to this article. (2) Notwithstanding any other provision of law, including the provisionS of this constitution, the proc...oeds ft-c- .1.. .....at'" ...-. tax Iate _.......:.c...,.J :.. _grapL. In ~n be ....~ ~... .. ... u.;)o; J. .;J~~ 1U. 1JCUCI5J. u. \ J. J considered general fimd revenue of the state. SEC. 8. (a) Notwithstanding any other provision of this constitution, including, but not limited to, Section 29 of Article XIII and Section 6 of Article XV4 the State Board ofEqnalmlrion, or a successor board, after deducting an amount equal to its actual and reasonable costs incurred in making the allocations, shall allocate the ren1ainil~ amount of revenues collected pursuant to taxes imposed under this article on a equivalent per capita basis, as provided in subdivision (b). (b) For purposes of this section, "equivalent per capita basis" means both of the following: (1) In the case of a city or city and coumy, the. proportion that the population of each city, or city and county that imposes a tax pursuant to Section 1 bears to the total population of all cities, cities and co~ and unincorporated areas of counties that have imposed a tax pursuant to that section, as determine by the population resean:h unit of the DePartment ofFmance, or a successor department of the state. (2) In the case of a county, "'equivalent per capita basis" meaDS the proportion that the population of the unincorporated area of a county that imposes a taX pursuant to Section 1 bears to the total population of all cities, cities and counties, and tm1ncnrporated areas of counties that have imposed a tax pursuant to that section, as detemDned by the population research unit of the Department ofFmance, or a successor department of the state. (c) For purposes of subdivision (b), the popuIation of each city, city and county, aDd county is'determined by the last federal dfl'Nl'ftnial or special census, or subsequent census validated by the population research unit. of the DepartmeIJt ofFmance, or a successor dep-d(twent. In the case of a city incorporated subsequem to the last federal ce~ or a subsequent census validated by the population research unit, the popuJation research unit of the Department ofFmance, or successor departmem, shall detemDne the population of the city. In the case of unincorporated territory being annexed to a city subsequent to the last federal c~ or a subsequem census validated by the population research uni4 the population research unit shall detl!!'1Trine the population of the annexed territory by the use of any federal decennial or special CCIJSUS. In the case of the consolidation of one city with another subsequent to the last feder.i1 census, or a subsequent census validated by the population research unit, the population of the - . _ ~_~__._..~__u._._,._.__ Page 6 consolidated city, for purposes of this section, is the aggregate population oftbe respective cities as determined by the Jast federal census, or a sUbsequent census or estimate vatidated by the popuJation research unit of the Department ofFnmnN"", or a successor department. (d) Any city, city and county, or county which imposes the lesser of the two tax rates included in paragraph 2 of subdivision (a) of Section 2, shall be allocated an amount equal to half the amount allocated to other cities, cities and counties, or counties which impose the higher of the two tax.rates included in paragraph 2 of subdivision (a) of Section 2. SEC. 9. (a) Notwit1Jst:mding any other provision of this constitutio~ including Section 6 of Article ~ any city, city and county, or county that imposes a tax rate pursuant to this article may, in its discretion, allocate any portion of the revenue received to any pubfi- ~1.......1 .::--:- ....r!th~1 ,..~ tb:::: =ves ~,,"r 1"P~tfpont of. that city city and :-... ~& ~......&....... '19 V.. ...-..... -...- ---J ___~) , county, or county. Any revenue allocated pmsuant to this section may be used for capital expenditures or for ongoing expenses for a fixed period as set forth man ~ between any school district and city, city and county, or county. (b) Any amount disnibuted to public schools pursuant to subdivision (a) shall not be considered by the state in any pan of the state's :fhuding obligation to schools pursuant to Section 8 of Article XVI. SEC. 10. (a) Notwithstanding any other provision of Jaw, including any other provision of this constitution, the sales and use tax rate imposed by any city, city and county, county, or redevelopment agency pursuant to Bradley-BUms UnifoIDl Local Sales and Use Tax Law, or its successor, including the "place of sale method" used to allocate the proceeds ftom the rate imposed by any city; city and county, county, or redevelopment agency pursuant to Bradley-Bums Uniform Local Sales and Use Tax Law, or its successor, shall remain in full force in any city, city and county, or countY which adopts or does not adopt tax redistribution pursuant to Section 1, and shall not be altered or reduced by the LegisJature. (b) For purposes of subdivision (a), "place of sale" means the allocation of proceeds back to the city, city and county, county or redevelopment agency where the tax is imposed and paid in direct proportion to the amount of tax paid. SEC. 11. The portion of moneys allocated to each city, city and county, or county pursuam to the V chicle License Fee Law, or its successor, shall not be reduced by the Legislature. SEC. "12. As used in this article, the word "city" means general Jaw cities and charter cities. SEC. 13. The provisions of this act shall be hDera.lly constrUed to e:ffectuate its purpose of providing voters with the option to redistribute sales and use taXeS ftom the state to local government and to have those revenues allocated on a per capita basis in order to Slngment local govermnent~' existing revenues. SEC. 14. Ifany provision of this act, or pan thereot: is for any reason held to be invalid or unconstitutional, the remaining sections shall not be affected, but shall remain in full force and effect, and to this end the provisions of this act are severable. SEC. 15. Pursuant to subdivision (a) of Article II9 the provisions of this article shall become effective the day after the election. -