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HomeMy WebLinkAboutStaff Report 4.A 7/21/2014DATE: July 21, 2014 Agenda Item t TO: Honorable Mayor and Men3bers of the ity Council FROM: John C. Brown, City Manager, and Er, anly, City Attorney SUBJECT: Introduction of an Ordinance of the City of Petaluma on the Subject of a I% Transactions and Use Tax Applicable in the City of Petaluma: Ordering the Submission of the Transactions and Use Tax to the Qualified Electors of the City at the General Municipal Election to be Held on Tuesday, November 4, 2014; Approving the Ordinance in Accordance with Revenue and Taxation Code Section 7285.9; Requesting the Sonoma County Board of Supervisors to Consolidate Said Election with the November 4, 2014 Statewide General Election; and Providing for Submission of Ballot Arguments and Rebuttals. I SCO K43UIU1_WWJ_"I N It is recommended that the City Council introduce the attached ordinance. Upon adoption, the ordinance would place a I% local transactions and use tax measure on the November 4, 2014 general election ballot, as well as request consolidation of the election on the measure with the general City election and statewide election, and provide for submission of ballot arguments and rebuttals. As discussed further below, passage of the ordinance placing the measure on the ballot requires the affirmative vote of at least 5 Petaluma City Council members. If adopted at the August 4 City Council meeting, the ordinance offering the measure will take immediate effect, as discussed further below, and provide for placement of the measure on the November 4, 2014 election in accordance with deadlines applicable to the November, 2014 election. BACKGROUND At its regular meeting of July 7, 2014, the City Council received a report regarding outreach and education activities associated with a possible sales tax measure, including the results of phone polling conducted in late June 2014. This work was conducted pursuant to Council direction provided in January 2014, and addresses the Council's goal to "Consider a ballot initiative in November 2014 to ask voters to approve a sales tax to f and City Services. " June 2014 polling showed support for a local sales tax increase ranging from 68.4 percent for one cent up to 72.2 percent for one-half cent, when respondents were asked about a potential measure that would: restore public safety positions; repair aging roads and sidewalks; relocate, modernize, and expand fire stations and the police station; replace outdated fire engines, ambulances, and police Agenda Review: City Attornev J \i/ Finance Dir for City Manage- cars; complete flood protection projects; and complete the Rainier crosstown connector/interchange. Council considered staff recommendations for type, amount, term, and priorities for a proposed measure. At the conclusion of that discussion direction was provided to staff to prepare legislation for a general tax of one cent, the increase to be permanent, for consideration and possible action at the Council's July 21, 2014 meeting. Although the Council did not establish priorities for the use of increased sales tax proceeds, the Council considered making its highest priorities for the use of this money: Street and Sidewalk Maintenance and Repair; the Rainier Crosstown Connector/Interchange project: Flood protection and storm drainage; vehicle replacement; Restoring public safety positions; and Public facilities. To meet the requirements for a general tax, the tax proceeds must be placed in the City's General Fund and available for expenditure for any and all governmental purposes. If a tax measure prescribes particular uses or purposes for the use of tax proceeds it is deemed a special tax requiring approval by 2/3 of eligible voters. Nonetheless, establishing priorities is one way for the City Council to advise voters why the City requires and how the Council intends to spend new tax proceeds. The Council need not immediately establish its priorities. But it is recommended the Council establish its funding priorities in the near future, to clarify for the voters how the Council's funding priorities comport with those of the community. As noted on July 7, 2014, it does not appear that strong enough community support exists to pass a special tax. One further note regarding priorities: to address an area consistently identified by the public as a concern, staff recommends that the City Council consider including in its funding priorities "traffic congestion relief." DISCUSSION The attached package of legislation was prepared in response to the direction provided by a majority of the City Council on July 7, 2014. As noted in the Background Section, these materials will enable the City Council to place before the voters, on November 4, 2014, a general tax measure setting a permanent local transactions and use tax of one -cent ($.01). Although the attached ordinances are not especially lengthy or complex, the law which they involve is. The following is a brief summary of some of the main legal requirements involved with the recommended City Council action of offering a general purpose, local transactions and use tax to City voters at the next general election. The proposed measure would be offered pursuant to cities' authority under the California Revenue and Taxation Code to establish a form of local sales tax referred to as a "transactions and use tax." Such taxes are related to but different from the general sales taxes governed by the Bradley -Burns Uniform Local Sales Tax Law. The Revenue and Taxation Code provides that local transactions and use taxes imposed for general governmental purposes may be imposed if they are approved by a 2/3 vote of all the members of the governing body offering the tax, and approved by a majority of qualified voters subject to the tax. Although some super -majority requirements applicable to adoption of taxes do not apply to charter cities such as Petaluma, it appears that the 2/3 vote requirement in the Revenue and Taxation Code for a legislative body to offer a transactions and use tax measure to the voters most likely does apply to charter cities like Petaluma. Under the Revenue and Taxation Code, passage of local transactions and use taxes for specific purposes requires a 2/3 vote of the legislative body offering the tax as well as a 2/3 vote of the qualified voters. A local transactions and use tax measure for general governmental purposes such as the measure that the Council has directed that staff prepare, must be approved by a 2/3 majority of the seats on the City Council, that is, by at least 5 affirmative votes. A simple majority of the qualified City voters is then sufficient to pass the tax. The number of Council Member votes required to place a general tax measure on the ballot was shown in the July 7, 2014 staff report as six (6). Again, the number of votes required is at least five (5). The statute in the Revenue and Taxation Code that authorizes establishing general purpose, local transactions and use taxes (Revenue and Taxation Code Section 7285.9), uses unusual language to refer to the legislative body actions and documents required to do so. It refers to an "ordinance" proposing the tax and "approval" of the ordinance by the legislative body. (Typically, local legislative bodies offer revenue and other measures to the voters by resolution, and "adopt" rather than merely "approve" ordinances.) Accordingly, the agenda materials included with this staff report have been prepared to conform to the language in Section 7285.9 exactly, and provide for the Council offering the proposed tax measure by ordinance, and include a provision by which the Council "approves" of the ordinance. Council action on the measure will satisfy City Charter, Revenue and Taxation Code, Elections Code and Government Code requirements if the ordinance offering the measure is introduced on July 21, 2014, notice of the ordinance is given in accordance with the City Charter by July 31, 2014, and the ordinance is adopted on August 4, 2014. Because the ordinance offering the measure relates to an election and taxes for the usual and current expense of the City, it will take immediate effect on adoption. Although it is offered in ordinance form, the attached action item for offering the proposed revenue measure to the voters includes provisions with which the Council is familiar addressing consolidation of the measure with the general election, ballot arguments and rebuttals, and required published notice of the measure. The ballot question contained in the ordinance has been prepared to make clear that the measure would be a general tax, the proceeds of which may be used for projects and programs such as those listed. Attached to the ordinance that would offer the measure to the voters is the actual tax ordinance for adoption by the voters as part of the November, 2014 ballot materials. The tax measure ordinance has been prepared using the template provided by the State Board of Equalization for transactions and use tax measures that the Board will administer. The template has been edited to ensure that the Petaluma measure, if approved by the voters, is appropriately codified in the Municipal Code, and that it contains safeguards for Petaluma voters so that all of the tax proceeds resulting from the measure and all uses of the proceeds are transparent and easily monitored by members of the public. The accountability measures in the ordinance include the creation of an independent citizen's oversight committee and quarterly publication, and submission to the committee of a report on the use of transactions and use tax proceeds. FINANCIAL IMPACT The cost of placing the recommended measure on the ballot is estimated by the County Clerk to range from $18,400 top $46,100, depending on voter turn -out on November 4, 2014. Funding for a tax measure is not yet budgeted for 2014/15; the elections account will need to be augments with a transfer from General Fund reserves to support this cost. Ordinance No. N.C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ON THE SUBJECT OF A 1% TRANSACTIONS AND USE TAX APPLICABLE IN THE CITY OF PETALUMA: ORDERING THE SUBMISSION OF THE TRANSACTIONS AND USE TAX TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4,2014; APPROVING THE ORDINANCE IN ACCORDANCE WITH REVENUE AND TAXATION CODE SECTION 7285.9; REQUESTING THE SONOMA COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE SAID ELECTION WITH THE NOVEMBER 4, 2014 STATEWIDE GENERAL ELECTION; AND PROVIDING FOR SUBMISSION OF BALLOT ARGUMENTS AND REBUTTALS FINDINGS WHEREAS, during the recession beginning in 2007 the City of Petaluma: - experienced sales and property tax revenue losses of approximately $9.7 million - reduced the City workforce by approximately70 positions (about 20% of the workforce) - reduced General Fund spending from $48.2 million to $32.5 million (about a 33% reduction) - lost about $13 million in funding due to elimination of redevelopment agencies; and WHEREAS, the City eliminated the Community Development department, the Animal Services program, and privatized planning, animal care, custodial, and aquatics program services; and WHEREAS, the Petaluma Fire Department currently operates at minimum staffing levels; and WHEREAS, officer staffing in the Petaluma Police Department is at 1995 levels, with 15 fewer officers than in 2007; and WHEREAS, Street Crimes, Narcotics and School Resources assignments in the Police Department have been eliminated; and WHEREAS, the cost of providing Police and Fire services in Petaluma currently consumes about 75% of the City's General Fund revenues; and WHEREAS, the City has deferred maintenance, repair, and capital costs for facilities, roads, sidewalks, and street lights; and WHEREAS, the City lacks resources to fully fund a storm water facilities/flood protection program; and WHEREAS, Section 7285.9 of the California Revenue and Taxation Code provides that the governing body of any city may levy, increase or extend a transactions and use tax for general purposes at a rate of 0.125 percent or a multiple thereof, if the ordinance proposing that tax is approved by a two-thirds vote of all members of that governing body and the tax is approved by a majority vote of the qualified voters of the city voting in an election on the issue, if adoption of the tax is in the manner prescribed in Section 7285.9, and provides that the transactions and use tax shall conform to Part 1.6 (commencing with Section 725 1) of the California Revenue and Taxation Code; and WHEREAS, California Government Code Section 36934 provides that ordinances shall not be passed within 5 days of their introduction; and WHEREAS, Section 45 of Article VII of the Petaluma City Charter provides that ordinances of the City Council must be advertised once at least two days before adoption in at least one edition of the official newspaper of the city; except that on unanimous vote of the council members present at the meeting when the ordinance is introduced, the advertisement may be done by posting a copy of the original ordinance on the bulletin board at City Hall, and that at the direction of the City Council, a synopsis of the ordinance may be published in lieu of the ordinance in its entirety and the entire text of the ordinance made available to the public through the office of the City Clerk; and WHEREAS, California Government Code Section 36937 provides that ordinances relating to an election or to taxes for the usual and current expenses of a city take effect immediately; and WHEREAS, Section 76A of Title XII of the Petaluma City Charter provides that no ordinance shall become effective until thirty days after the date of its final passage, except for ordinances calling or otherwise relating to an election and ordinances for the immediate preservation of the public peace, health or safety; and WHEREAS, Section 7251.1 of the California Revenue and Taxation Code provides that the combined rate of all transactions and use taxes in any county may not exceed 2 percent; and WHEREAS, current sales tax rates in Sonoma County are as follows: Cloverdale 8.25% Cotati 9.25% Healdsburg 8.75% Petaluma 8.25% Rolmert Park 8.75% Santa Rosa 8.75% Sonoma County 8.25% Windsor 8.25%; and WHEREAS, in accordance with California Revenue and Taxation Code section 7251.1, the Petaluma voters may adopt a local transactions and use tax of up to 1.25% to be applicable in the City; and WHEREAS, imposition of a 1% transactions and use tax in Petaluma would generate approximately $10 million annually; and WHEREAS, in accordance with Article 13C, Section 2, subdivision (a) of the California Constitution, any tax imposed for general governmental purposes the proceeds of which are placed in the general fund and available for expenditure for any and all governmental purposes is a general tax, including where such proceeds are monitored and tracked separately from other tax receipts (see, e.g., U`eisblat v. Cily of San Diego (2009) 176 CA4th 1022); and 5 WHEREAS, Subdivision (b) of Section 2 of Article XIIIC of the California Constitution requires that elections to approve a general tax must be consolidated with a regularly -scheduled general election for members of the governing body of the local government; and WHEREAS, November 4, 2014 is the date of the City's next regular municipal election for members of the City Council; and, WHEREAS, Section 4 of Article III of the Petaluma City Charter provides that except as otherwise specified in the charter, all regular and special city elections are to be held in accordance with the California Elections Code, as amended; and, WHEREAS, Section 76 of Article XII of the Petaluma City Charter provides that ordinances may be enacted by and for the city pursuant to Division 4 of Chapter 3 of Article 1 of the California Elections Code, as amended; and, WHEREAS, Sections 9200 - 9226 of the California Elections Code set forth the procedures and requirements for the submission of measures to the voters and placement of measures on the ballot, Sections 10400 - 10418 of the California Elections Code set forth the procedures and requirements for consolidation of municipal and statewide elections, and Sections 9280 - 9287 of the California Elections Code set forth the procedures and requirements for submission of ballot arguments, rebuttal arguments and preparation of impartial analysis; and WHEREAS, the transactions and use tax measure to be submitted to Petaluma voters pursuant to this ordinance, if approved by a vote of at least 5 City Council Members and by a majority vote of qualified City voters, would impose a 1% tax based on the retail sales price of personal property sales and use; and WHEREAS, this ordinance and the transactions and use tax measure to be submitted to the voters pursuant to this ordinance are not a project subject to the California Environmental Quality Act or its Guidelines in accordance with paragraph (2) of subdivision (c) of Section 15060, and paragraph (4) of subdivision (b) of Section 15378 of Title 14 of the California Code of Regulations, because this ordinance and the tax measure to be submitted to the voters pursuant to this ordinance involve the creation of government funding mechanisms and other government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; NOW, THE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: The above Findings are true and correct and hereby adopted by the City Council. 2. Pursuant to the requirements of the City of Petaluma Charter, California Revenue and Taxation Code Section 7285.9, California Elections Code Section 9222 and other applicable law, there is called and ordered to be held in the City of Petaluma, California, on Tuesday, November 4, 2014 an election for the purpose of submitting to the voters a measure that would impose a 1% transactions and use tax. The ballot language for the proposed ordinance shall be as follows: I MEASURE Shall the BETTER ROADS SAFER PETALUMA MEASURE, a general transactions and use tax of 1 cent, with all proceeds placed in the Petaluma General Fund for governmental purposes such as street and sidewalk maintenance and repair, traffic improvements such as the Rainier Crosstown Connector/Interchange, flood protection, storm drainage, vehicle replacement, restoring public safety positions, and public YES NO facilities improvements, among others, with local control of tax proceeds, and independent review and reporting on expenditures, be adopted? 4. The measure to be approved by the voters pursuant to Section 2 of this ordinance is as set forth in Exhibit A attached hereto. 5. The City Council hereby approves the ordinance set forth in Exhibit A and this ordinance ordering submission of the measure to City voters in accordance with California Revenue and Taxation Code Section 7285.9. 6. (a) An election on the measure set forth in Exhibit A shall be held in conjunction with the municipal election to be held in the City of Petaluma on Tuesday, November 4, 2014. In accordance with the Petaluma City Charter and California Elections Code Section 10403, the City Council requests that the Board of Supervisors of Sonoma County consolidate the election on the measure with the statewide general election on the same day and issue instructions to the Sonoma County Election Department to take any and all steps necessary for the holding of the consolidated election. (b) The City Council acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code Section 10418. (c) The election on the measure set forth in Exhibit A shall be held and conducted, the votes canvassed and the returns made, and the results ascertained and determined as provided for herein and the California Elections Code. (d) The election for the measure set forth in Exhibit A shall be held in Sonoma County in the City of Petaluma on November 4, 2014, as required by law, and the Sonoma County Election Department is authorized to canvas the returns of that election with respect to the votes cast in the City of Petaluma. (e) In accordance with and subject to the Petaluma City Charter, at the next regular meeting of the City Council of the City of Petaluma occurring after the returns of the election for the measure set forth in Exhibit A have been canvassed and the certification of the results to the City Council, the City Council shall cause to be entered in its minutes a statement of the results of the election. 7. (a) In accordance with California Elections Code Sections 9282 and 9283, arguments submitted for or against the measure shall not exceed 300 words in length, and shall be printed upon the same sheet of paper and mailed to each voter with the sample ballot for the election and be signed by not more than five persons. (b) In accordance with California Elections Code Section 9282, the following headings, as appropriate, shall precede the arguments' wording, but shall not be counted in the 300 word maximum: "Argument In Favor of Measure " or, "Argument Against Measure " (the blank spaces being filled only with the letter or number, if any, designating the measure). (c) In accordance with California Elections Code Section 9283, printed arguments submitted to voters in accordance with Section 9282 of the Elections Code shall be filed with the City Clerk, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least of one its principal officers who is the author of the argument. Arguments are due in the office of the City Clerk prior to 5:00 p.m. on Monday, August 18, 2014. 8. (a) Pursuant to California Elections Code Section 9285, when the City Clerk has selected arguments for and against the measure that will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument that it seeks to rebut. (b) Rebuttal arguments shall not exceed two hundred fifty words and be signed by not more than five persons The author or a majority of authors of an argument relating to a City measure may prepare and submit a rebuttal argument or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. (c) The last day for submission of rebuttal arguments for or against the measure shall be by 5:00 p.m. on Thursday, August 28, 2014. (d) All previous resolutions or ordinances providing for the filing of rebuttal arguments for City of Petaluma measures are repealed. The provisions of this ordinance concerning rebuttal arguments shall only apply to the election to be held on November 4, 2014, and following the conclusion of that election are repealed. 9. In accordance with California Elections Code Section 9280, the City Attorney is directed to file with the City Clerk by Monday, August 18, 2014, an impartial analysis of the measure, not to exceed five hundred words, showing the effect of the measure. 10. The City of Petaluma recognizes that additional costs may be incurred by the County by reason of the measure and agrees to reimburse the County for such costs. The City Manager is hereby authorized and directed to appropriate the necessary funds to pay for the City's cost of placing the measure on the election ballot. 11. (a) The City Clerk is directed to file a certified copy of this ordinance with the Board of Supervisors of Sonoma County and the Sonoma County Elections Department on or before Friday, August 8, 2014. The City Clerk is hereby authorized and directed to take all steps necessary to place the measure on the ballot and to cause the measure attached as Exhibit A to be published once in a newspaper of general circulation, or any other newspaper designated as the official newspaper of the City of Petaluma, in accordance with California Elections Code Section 12111 and California Government Code Section 6061. A copy of the measure shall be made available to any voter upon request. The City Clerk is authorized and directed to give further additional notice of the measure in time, form and manner as required by law. (b) In all particulars not recited in this ordinance, the election shall be held and conducted as provided by law for holding municipal elections. EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE PEOPLE OF THE CITY OF PETALUMA ADDING A NEW CHAPTER 4.18 TO THE PETALUMA MUNICIPAL CODE TO IMPOSE A ONE -CENT TRANSACTIONS AND USE TAX FOR GENERAL PURPOSES TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION FINDINGS WHEREAS, during the recession beginning in 2007 the City of Petaluma: - experienced sales and property tax revenue losses of approximately $9.7 million - reduced the City workforce by 70 positions (about 20% of the workforce) - reduced General Fund spending from $48.2 million to $32.5 million (about a 33% reduction) - lost about $13 million in funding due to elimination of redevelopment agencies; and WHEREAS, the City eliminated the Community Development department, the Animal Services program, and privatized planning, animal care, custodial, and aquatics program services; and WHEREAS, the Petaluma Fire Department currently operates at minimum staffing levels; and WHEREAS, officer staffing in the Petaluma Police Department is at 1995 levels, with 15 fewer officers than in 2007: and WHEREAS, Street Crimes, Narcotics and School Resources assignments in the Police Department have been eliminated; and WHEREAS, the cost of providing police and fire services in Petaluma currently consumes about 75% of the City's General Fund revenues; and WHEREAS, the City has deferred maintenance, repair, and capital costs for facilities, roads, sidewalks, and street lights; and WHEREAS, the City lacks resources to fully fund a stormwater facilities/flood protection program; and WHEREAS, Section 7285.9 of the California Revenue and Taxation Code provides that the governing body of any city may levy, increase or extend a transactions and use tax for general purposes at a rate of 0.125 percent or a multiple thereof, if the ordinance proposing that tax is approved by a two-thirds vote of all members of that governing body and the tax is approved by a majority vote of the qualified voters of the city voting in an election on the issue, if adoption of the tar is in the manner prescribed in Section 7285.9, and provides that the transactions and use tax shall conform to Part 1.6 (commencing with Section 725 1) of the California Revenue and Taxation Code; and WHEREAS, Section 7251.1 of the California Revenue and Taxation Code provides that the combined rate of all transactions and use taxes in any county may not exceed 2 percent; and WHEREAS, current sales tax rates in Sonoma County are as follows: Cloverdale 8.25% Cotati 9.25% Healdsburg 8.75% Petaluma 8.25% Rohnert Park 8.75% Santa Rosa 8.75% Sonoma County 8.25% Windsor 8.25%; and WHEREAS, in accordance with California Revenue and Taxation Code sections 7251.1 and 7285.9, the Petaluma voters may adopt a local transactions and use tax of up to 1/25% to be applicable in the City; and WHEREAS, imposition of a I% transactions and use tax in Petaluma would generate approximately $10 million annually; and WHEREAS, in accordance with Article 13C, Section 2, subdivision (a) of the California Constitution, any tax imposed for general governmental purposes the proceeds of which are placed in the general fund and available for expenditure for any and all governmental purposes is a general tax, including where such proceeds are monitored and tracked separately from other tax receipts (see, e.g., ff,eisblat r. Cite of Son Diego (2009) 176 CA4th 1022); and WHEREAS, Subdivision (b) of Section 2 of Article XIIIC of the California Constitution requires that elections to approve a general tax must be consolidated with a regularly -scheduled general election for members of the governing body of the local government; and WHEREAS, November 4, 2014 is the date of the City's next regular municipal election for members of the City Council; and, WHEREAS, Section 4 of Article III of the Petaluma City Charter provides that except as otherwise specified in the charter, all regular and special city elections are to be held in accordance with the California Elections Code, as amended; and, WHEREAS, Section 76 of Article XII of the Petaluma City Charter provides that ordinances may be enacted by and for the city pursuant to Division 4 of Chapter 3 of Article 1 of the California Elections Code, as amended; and, NOW, THEREFORE, THE PEOPLE OF THE CITY OF PETALUMA DO ORDAIN AS FOLLOWS: Section 1. Chapter 4.18 entitled "Transactions and Use Tax" is hereby added to Title 4 of the Petaluma Municipal Code, to read as follows: 4.18.010 TITLE. This chapter is entitled "Transactions and Use Tax" and shall be applicable in the incorporated territory of the city. 4.18.020 OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this chapter, the date of such adoption being as set forth below. 4.18.030 PURPOSE. This chapter is adopted to achieve the following, among other purposes. The provisions of this chapter shall be interpreted in order to accomplish these purposes: A. To impose a retail transactions and use tax for general purposes in accordance with the provisions of Part 1.6 (commencing with Section 725 1) of Division 2 of the California Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2, which authorizes the city to adopt this chapter, 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 California 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 California State Sales and Use Taxes. D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the California 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 chapter. 4.18.040 CONTRACT WITH STATE. Prior to the operative date, the city shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this 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 of the first calendar quarter following the execution of such a contract. 4.18.050 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 chapter. 4.18.060 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. 4.18.070 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 chapter 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. 4.18.080. 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 California Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and Taxation Code are hereby adopted and made a part of this chapter as though fully set forth herein. 4.18.090. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the California Revenue and Taxation Code: A. Wherever the State of California is named or referred to as the taxing agency, the name of the city shall be substituted therefor. However, the substitution shall not be made when: 1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California; 2. The result of that substitution would require action to be taken by or against this city or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this 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: 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 California 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 California 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 in the California Revenue and Taxation Code. I D-- 4.18.100 PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the California Revenue and Taxation Code, an additional transactor's permit shall not be required by this chapter. 4.18.110 EXEMPTIONS AND EXCLUSIONS. A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley -Burns Uniform Local Sales and Use Tax Law or the amount of any state -administered transactions or use tax. B. There are exempted from the computation of the amount of transactions tax the gross receipts from: I. 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 I (commencing with Section 4000) of Division 3 of the California Vehicle Code, aircraft licensed in compliance with Section 21411 of the California Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the California Vehicle Code, by registration to an out -of -city address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out -of -city and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address. 3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this 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 fixed by the lease prior to the operative date of this chapter. 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 chapter, the storage, use or other consumption in this city of tangible personal property: 13 I . 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 lure 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 chapter. 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 chapter. 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 malting 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 California Vehicle Code, aircraft licensed in compliance with Section 21411 of the California Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the California 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 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 California 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. 4.18.120 AMENDMENTS. All amendments subsequent to the effective date of this chapter to Part 1 of Division 2 of the California 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 California Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the California 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. 4.18.130 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 California Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 4.18.140 ACCOUNTABILITY MEASURE, S. A. The proceeds of the tax imposed pursuant to this chapter shall be placed in the City's General Fund and available for expenditure for any and all governmental purposes such as street and sidewalk maintenance and repair, traffic improvements such as the Rainier Crosstown Connector/Interchange, flood protection, storm drainage, vehicle replacement, restoring public safety positions, and public facilities improvements, among others. Such proceeds and expenditures using such proceeds shall be monitored and tracked separately from other tax receipts deposited in the city's General Fund. B. The City Council shall appoint an independent citizen oversight committee of five members to review and report on the use of proceeds of the tax imposed pursuant to this chapter. The committee members shall be city residents who pay the tax imposed pursuant to this chapter and who are not employees or elected officials of the city or members of any other city body. The city will provide administrative support necessary for the oversight committee to carry out its functions. C. The city's Finance Director will oversee preparation of a quarterly report for submission to the oversight committee and publication on the City's website on all tax proceeds collected pursuant to this chapter and use of the proceeds. The citizen oversight committee will meet annually to review and comment on the report. The meetings and records of the oversight committee will be open to the public in accordance with Article 1, Section 3, subdivision (b) of the California Constitution, and the requirements of the Ralph M. Brown Act, California Government Code Section 54950 and following, and the California Public Records Act, California Government Code Section 6250 and following, as amended from time to time. Section 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. Section 3. EFFECTIVE DATE. This ordinance relates to the levying and collecting of City transactions and use taxes and shall take effect upon approval of a majority of the qualified voters of the City subject to California Revenue and Taxation Code Section 7285.9 and other applicable law. Section 4. EXPIRATION DATE. The authority to levy the tax imposed by this ordinance shall not expire but remain in full force and effect unless and until this ordinance is suspended, repealed or otherwise amended in accordance with applicable law.