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HomeMy WebLinkAbout16-48 CC Resolution RESOLUTION NO. 16-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CALLING AND PROVIDING FOR A MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN THE CITY OF TEMECULA ON TUESDAY, NOVEMBER 8, 2016 FOR THE PURPOSE OF APPROVING AN ORDINANCE ENACTING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION, AND ORDERING THE SUBMITTAL OF THE ORDINANCE TO THE VOTERS FOR THE ELECTION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Section 7285.9 of the California Revenue and Taxation Code authorizes any city to levy, increase or extend a transactions and use tax for general purposes at a rate of 0.125 percent, or a multiple thereof, subject to approval by a two- thirds vote of all of the members of the City Council and by a majority of the qualified voters of the City voting in an election on the issue. ' Section 2. Pursuant to California Elections Code Sections 9222 and 10201, the City Council hereby orders that a municipal election in and for the City of Temecula shall be held on Tuesday, November 8, 2016 for the purpose of approving a transactions and use tax measure in addition to the election for two City Council offices as provided in Resolution 16-37. The full text of Ordinance No. 2016-06, attached to this Resolution as Exhibit A shall be printed in the voter pamphlet. The measure to be submitted to the voters shall appear and be printed on the ballot as follows: City of Temecula TEMECULA 9-1-1 EMERGENCY RESPONSE, PUBLIC SAFETY AND VITAL CITY SERVICES MEASURE. To maintain 9-1-1 emergency response times, prevent cuts to YES local paramedic/police/fire protection, school safety patrols, youth/after-school, senior, disabled services; improve freeway interchanges/reduce traffic; other general services; shall Ordinance 2016-06 of the City of Temecula be adopted establishing a one-cent sales tax providing $23,000,000 NO dollars annually, until ended by voters; requiring independent audits, no money for the State, all funds remaining local? Section 3. City Council hereby approves proposed Ordinance No. 2016-06 to be submitted to the voters. The proposed measure is a general tax as defined in Article ' XIIIC of the California Constitution and shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at the election. Resos 16-48 1 Section 4. On June 28, 2016, the City Council approved Resolution Nos. 16- 37, 16-38, 16-39, 16-40, and 16-41 (hereafter "2016 Election Resolutions') calling for the general municipal election to be held on November 8, 2016 for the election of two members to the City Council, and providing standard provisions for the conduct of the election. The ballot measure to be submitted to the voters for the approval of Ordinance No. 16-06 shall be conducted in accordance with the 2016 Election Resolutions subject to the following: A. The City Attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280 and Resolution No. 16-40 approved and adopted by the City Council on June 28, 2016- B. The City Council hereby authorizes Council Member Comerchero and Council Member Rahn to prepare and/or submit a ballot argument in favor of the measure pursuant to Elections Code Section 9282 and Resolution No. 16-40 and further authorizes rebuttal arguments to be submitted pursuant to Elections Code Section 9285. C. Pursuant to Elections Code Sections 10400-10403.5, the City Council of the City of Temecula hereby requests the consolidation of the municipal election for the ballot measure described in Section 2 with the statewide general election to be held on November 8, 2016. The City Council further requests that the Registrar of Voters of the County of Riverside canvass the returns of ' said election. Within the City of Temecula, the election precincts, polling places, and voting booths shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts which shall be the same as those selected and designated by the Riverside County Registrar of Voters. Only qualified electors of the City of Temecula shall be permitted to vote for the measure placed on the ballot by the City Council. D. Except for those services routinely conducted by the City Clerk as the local elections official, delegation is hereby made to the Riverside County Registrar of Voters to conduct said election for the ballot measure described in Section 2 in accordance with all applicable laws and procedures. The Riverside County Registrar of Voters is hereby authorized, instructed, and directed to canvass the returns of the general municipal election and give such further or additional notice of said election, in time, form, and manner as required by law. E. That the Board of Supervisors is requested to issue instructions to the Riverside County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election for the ballot measure described in Section 2. F. In all particulars not recited in this resolution, said election for the ballot measure described in Section 2 shall be held and conducted as provided by law for holding consolidated municipal elections. Said consolidated election shall be held and conducted in the manner prescribed in Elections Code Section 10418. Resos 1648 2 G. The City of Temecula recognizes that additional costs will be incurred by the ' County, by reason of this consolidation, and agrees to reimburse the County for such additional costs. Section 5. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and Riverside County Registrar of Voters. Section 6. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26" day of July, 2016. Michael S. Naggar, Mayor ATTES . ' Ran City Clerk [SEAL] Resos 16-48 3 STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 16-48 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26`h day of July, 2016, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, McCracken, Rahn, Naggar NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 1 Resos 16-48 4 EXHIBIT A ORDINANCE NO. 2016-06 [Attached] 1 Resos 16-48 5 ORDINANCE NO. 2016-06 AN ORDINANCE OF THE CITY OF TEMECULA IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION Section 1. Title 3 ('Revenue and Finance") of the Temecula Municipal Code is hereby amended by adding Chapter 3.18 ("Transactions and Use Tax") to read as follows: "CHAPTER 3.18, TRANSACTIONS AND USE TAX 3.18.010 TITLE. This chapter shall be known as the Temecula Transactions and Use Tax Ordinance. The City of Temecula hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. 3.18.020. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of Ordinance No. 2016-06. 3.18.030. PURPOSE. This chapter 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 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 ordinance which 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 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. 1 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. 3.18.040. CONTRACT WITH STATE. Prior to the operative date of this chapter, 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 has not 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 first calendar quarter following the execution of such a contract. 3.18.050. TRANSACTIONS 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 1.0% 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. ' 3.18.060. 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 consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. 3.18.070. 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 1 .0% 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. 3.18.080. ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this 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 Section 6001 ) of Division 2 of the 2 Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein. 3.18.090. 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 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. 3 ' 3.18.100. 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 ordinance. 3.18.110. EXEMPTIONS AND EXCLUSIONS. A. 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 and use tax. B. 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 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. 4 ' 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. 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. 1 5 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. 3.18.120. 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 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 ordinance. The City Council shall have the authority to amend this chapter so as to implement any changes or additions required by the State Board of Equalization or other State 6 agency for the administration of the tax, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance. 3.18.130. 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 chapter, 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. 3.18.140. SEVERABILITY. If any provision of this chapter or the application thereof to any person or circumstance is held invalid by a court of law, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. 3.18.150. INDEPENDENT FINANCIAL AUDIT. By no later than December 31 of each year, the City's independent auditors shall complete a Temecula Transactions and Use Tax Ordinance Compliance and Internal Control Audit Report. Such report shall review whether the tax revenues collected pursuant to this chapter are collected, managed and expended in accordance with the requirements of this ordinance." Section 2. This ordinance relates to the levying and collecting of the City's transactions and use taxes and shall take effect immediately. Section 3. The City Clerk shall certify the passage of this ordinance and forward a copy of the adopted ordinance to the State Board of Equalization. PASSED AND ADOPTED by the People of the City of Temecula, State of California, at the General Municipal Election held on November 8, 2016. Michael S. Naggar, Mayor Attest: Randi Johl, City Clerk