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sr-070610-8b (2)City Council Meeting.: July 6, 2010 Agenda Item: ~'f~ To: Mayor and City Council From: Rod Gould, City Manager Subject: Tax Measure for November 2010 Ballot Recommended Action Staff recommends that Council discuss placing a measure on the November 2010 ballot that would offset severe State cuts, stabilize City finances, and protect and maintain essential City services including police, fire, paramedic and emergency 9-1-1, school and after school programs, by creating cone-half cent transaction and use tax, which would be added to the sales tax, with independent audits, citizens' oversight and no money going to Sacramento. Executive Summary During the May 2010 budget study sessions and June 15 hearing, staff identified the need to test possible revenue options in order to partially address the structural deficit caused by continuing State theft of local funds and an anemic economic recovery. Over the past six years, the State has taken over $40 million from the City of Santa Monica budget. These raids on local revenues are predicted to continue given the State's fiscal crisis. The effects throughout California will likely include loss of human and social services, further erosion of support for education, and additional public safety cuts. This report presents a summary of recent polling on voter attitudes regarding City priorities and potential funding solutions. Staff requests direction to prepare a resolution placing a proposition on the November 2010 General Municipal Election ballot. The ballot measure and proposed ordinance, if authorized, will be brought for Council consideration on July 13, 2010. Background The City's adopted Fiscal Year 2010-11 budget is in balance through a variety of measures including expenditure reductions in services and capital replacement, fee adjustments, and continued use of the economic uncertainty reserve as a bridge for the next two years. Given the unprecedented national recession, the FY 2009-10 deficit 1 was $8.1 million before corrective action was taken to eliminate it. For FY 2010-11, the deficit was $13.2 million before Council adopted the budget that included cost reductions and fee increases.. After those actions, $4.1 million in structural deficit remains for FY 2010-11, which will be addressed with one time funds while the City continues to identify strategies to permanently eliminate the ongoing shortfall. Our five year forecast projects expenditures growing at a rate that exceeds revenue growth, and anticipated State raids on city and county revenues necessitate discussion of potential revenue solutions. Future operating costs associated with capital projects that are underway will add to this deficit. Staff will continue to evaluate opportunities to close the structural deficit with the least impact to the community. However, the State budget continues as a significant threat beyond City control. The FY 2009-10 State Budget included a package of measures to close a $26.3 billion budget gap. The budget included nearly $2 billion in Proposition 1A borrowing from local governments (Santa Monica impact - $3.1 million) and another $2 billion transfer of redevelopment tax increment funds to the State (Santa Monica RDA impact -over $21 million in FY 2010-11). If the State is allowed to continue to shift funds from Redevelopment Agencies, a number of important local community projects will be threatened. In all over the last six years, the State has diverted over $40 million from the City of Santa Monica budget. The Governor released his May Revise on May 14, which projects a $19.1 billion budget deficit through June 2011, and proposes significant cuts in order to close the gap. His budget includes a tax reduction for corporations while cutting support for education and further reducing services to the most vulnerable California families. The proposal also negatively impacts jobs and local communities as a fragile economic recovery is underway.. It threatens to lay threadbare the social safety net as well as shift responsibility to counties for 15,000 nonviolent felons from State prisons, which could impact policing our streets. 2 Even as we continue to downsize, tame our ongoing costs and effectively deal with tepid growth over the next three years, future impacts of a financially moribund State will be measurable The voters have approved some protection of local government. revenues from State raids in recent years, and a League of California Cities sponsored initiative, the "Local Taxpayers, Public Safety and Transportation Protection Act", has .qualified for the November 2010 ballot as Proposition 22. If approved, this ballot initiative would attempt to prevent the State from "raiding" tax revenues. However, persistent State revenue grabs will exacerbate county social service and public safety costs, vastly complicate local government efforts to meet the needs of the most vulnerable, and police local streets. Our schools also have been battered by State retrenchment in educational funding and the erosion of Proposition 98. Santa Monica has generously supported the schools against these threats. It is prudent to consider ways to further bolster general funds for services such as police and fire services, education and school programs, parks and recreation and other general fund services given the ongoing State fiscal crisis. Summary of Poll During the budget study sessions, staff recommended exploring an increase in the property transfer tax to match other neighboring cities. Council approved further study of this and other revenue options. Staff hired an independent public opinion research firm in June 2010 to prepare and conduct a telephone community survey to assess constituent attitudes, determine their service and funding priorities, and measure public support for a potential November 2010 ballot measure. The consultants recommended testing an alternative to the property transfer tax, and aone-half cent transaction and use tax was suggested (see attachment A). Fairbank, Maslin, Maullin, Metz & Associates conducted the telephone community survey from June 27 through June 30, 2010, which included a random sample of 500 3 City registered voters likely to vote in the 2010 election. The margin of error for the survey is plus or minus 4.4%. A summary of key findings will be presented at the upcoming Council meeting. The primary finding is that almost two-thirds of respondents (63%) perceive the City has a "great" or "some additional" need for funds to provide the level of services that Santa Monica residents need and want. Although the property transfer tax did not poll particularly well, voters seem more inclined to support a small sales tax increase. When asked about a potential one-half cent sales tax measure to fund essential services and without having detailed information, 59% would vote yes, 38% would vote no, and 3% are undecided, if an election were held today. When additional information is presented, support increases to 64% yes, 31% no, and 4% undecided: In addition, respondents had .strong opinions and preferences on the types of City services they want maintained and protected. Seventy-one percent are more inclined to vote yes on the measure when they hear that over the last six years Sacramento has taken over $40 million from the City of Santa Monica budget and that this measure will ensure local control of funds to maintain vital services. Santa Monica voters' funding priorities include: 911 emergency services, school and educational programs,. neighborhood police patrols, services for residents with disabilities, public transit, youth violence prevention, programs to retain and attract business and jobs to the city, gang and drug prevention programs, library services. Staff intends to develop a public outreach and education program that would provide factual, objective and balanced information to update and inform the community about these issues and seek input. Discussion As envisioned, this would be considered a general tax and as such would require a simple majority (50% plus one vote) for voter approval. If the measure specifically limits the uses of the revenue, it would be considered a special tax and, therefore, require a two-thirds majority for voter approval. With Council direction staff will develop the 4 proposal and resolution, further analyze other alternatives, or cease work on a voter approved revenue enhancement. Alternatives Council may choose not to place a measure on-the ballot. If so, staff would propose adjustments to the next year's budget for Council action in June. 2011, along with potential tradeoffs or reductions in expenditures, to maintain a balanced budget, as necessary. Financial Impacts & Budget Actions The cost of placing the measure on the ballot will be covered by the FY2010-11 election budget. Voter approval of the measure would secure approximately $13 million in revenue for the General Fund. Current estimates are that approximately one-quarter of the new revenue would be generated by visitors and tourists. A reasonable concern would be on the effect of such a tax increase on local retailers. According to HdL, which is the most prominent auditor of sales tax in California, there has been no reduction in taxable sales in any California city that has increased its sales and use tax. Further, the additional transaction and use tax on automobile purchases would be paid according to where a car is registered. So, Santa Monica residents would pay the additional half-of-one percent tax wherever the car is purchased if the car is registered in Santa Monica. Conversely, non-residents would not pay the tax when purchasing a vehicle in Santa Monica. Thus, it should not harm auto dealers. Prepared by: Kathryn Vernez, Assistant to the City Manager for Community and Government Relations Attachment A: California's Transactions and Use Tax Approved: Forwarded to Council: '~j ~~ ~ G ~ ~ r -~ ~~ 5~" Rod Gould Rod Gould `~ City Manager City Manager 5 Attachment A www.hdlcompanies.com CALIFORNIA'S TRANSACTIONS AND USE TAX OVERVIEW The State Legislature first authorized counties to seek voter approval of special transaction and use tax Districts in 1969. The first voter approved district tax was the San Francisco Bay Area Rapid Transit District to finance construction of the BART system. Several transportation districts in other counties followed and eventually, the use of district taxes was expanded to fund schools, open space protection, hospitals, county services and public libraries. The State Legislature also began granting permission to specific cities to seek voter consideration of a District tax. In January 2004, the requirement that cities first obtain permission from the state legislature to approach their voters was dropped and cities were authorized to go directly to their voters for transactions and use taxes in multiples of 0.25%. As of November 2008, there are 118 districts had been approved in 40 counties. Approximately 90% of the population resides in a transactions/use tax district. The districts are used to finance a variety of needs including public safety services, local hospitals, road repairs and capital projects. As with other California taxes, a transactions ahd use tax district must obtain a majority vote if for general purposes and two-thirds vote if for specific purposes. However, a 1988 court decision found a Santa Clara County District that specified that the revenues could be spent for general county purposes required only a majority vote despite the passage of a related advisory measure stating the voters' intent that the revenues be spent on specific projects (Coleman vs. County of Santa Clara (64 Cal. App 4~h 662)). The combined district transactions tax rates cannot exceed 2.0% for a total sales, transactions and use tax rate of 10.25% except in Los Angeles County where the maximum rate will be 10.75% effective July 1, 2009. The pertinent provisions of the California Revenue and Taxation Code are: Section 7251.1, Section 7258.9 and Section 7258.91. DISTRIBUTION With the exception of certain goods sold to operators of common carrier aircraft, the transactions and use tax is imposed on the same goods and merchandise as the local sales and use tax. However, where the Bradley Burns Sales and Use Tax is generally allocated to the jurisdiction where the sale is negotiated or order taken, the transactions and use tax is allocated to the district where the roods are delivered or placed into use. For "walk-in" retail stores, the Board of Equalization generally assumes that the merchandise will be used within the district where the store is located, unless the retailer is asked to ship the merchandise outside the district as part of the sale. Sellers or lessors of vehicles, vessels or licensed aircraft are required to collect the transactions tax (if any), only for the district where the conveyance is to be registered. Residents cannot escape the tax by purchasing ftom a dealer outside the city as dealers statewide are required to collect any transactions tax for the jurisdiction where the vehicle is registered. For sales contracts that require shipment of the merchandise, the transactions tax is levied for the district to where the merchandise is shipped if that district has a transactions tax. Thus, for sales other than "walk-in" stores, the transactions and use tax is imposed only on consumers located within the district. In projecting revenues, cities who serve a regional market for vehicles or merchandise to be delivered elsewhere such as contractor materials or industrial equipment and goods, will find that their transactions and use tax is proportionally lower than their sales tax revenues. A city whose residents and businesses must shop outside the city for vehicles and business and construction related goods, will find that their transactions and use tax receipts are proportionally higher than their sales tax revenues. Retailers are only required to collect a transaction tax for sales in a specific district if they have "nexus" in that district. Nexus is established by having a permanent or temporary business location within the district including a warehouse, salesperson or office; having a representative in the district for purposes of taking orders, making sales, delivery or installation; deriving rental income from lease of tangible personal property within the district or selling conveyances that require registration. If the retailer has no nexus within the district and therefore does not collect the tax, the buyer is responsible for paying a corresponding use tax. PROCESS ISSUES Cities and counties are required to contract with the State Board of Equalization for administration of the ordinance imposing the tax. There are two contracts. One is for setting up the tax, the second is for ongoing administration. Additionally, as the transactions and use tax is separate and distinct from the local sales and use tax, a separate Resolution of Confidentiality for access to the allocation data is required. Cities contemplating a transactions and use tax should begin by contacting the State Board of Equalization's Local Revenue Allocation Section: A team has been established to assist cities with the preparatory functions for placing a proposal on the ballot including proper wording of the ordinance and subsequent contracts. The specific advisor is currently Donna Puchalski (916) 324-1371. In addition, Board Publication 28, Tax Information for City and County Officials and Publication 44, Tax Tips for District Taxes contain related information and can be downloaded from www.boe.ca.eov. Finally, California Consfitution Article XIII C should be reviewed with the City Attorney to determine whether or not the specific tax proposal being contemplated falls under the requirements for consolidation with aregularly-scheduled general election for members of the governing body. Revised 3/LJ09