Meeting Date: 4 December 2012
Prepared by: Sharon Friedrichsen,
Public Services Manager
City Council
Agenda Item Summary
Name: Receive an update on the status of Measure D; provide direction to staff; and authorize the City Administrator to execute agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax
Description: On July 3, 2012, the City Council authorized the placement of a ballot measure (Measure D) on the November 6, 2012 election to establish a local transaction and use tax (sales tax) for general municipal purposes. With the passage of MeasureD, the City will need to enter into agreement with the State Board of Equalization for the administration of the new sales tax, which becomes effective on April I, 2013. The Council will also consider the potential uses of the additional revenue to fund identified City needs.
Overall Cost:
City Funds: The one percent increase in sales tax will generate an estimated $1 .8 million in additional revenue a year.
Staff Recommendation: Receive report. Adopt the Resolution.
Important Considerations: The new sales tax rate becomes effective on April 1, 2013. The Council will need to consider the additional revenue in light of the City's overall financial condition, service and maintenance needs, and other financial considerations.
Decision Record: N/ A
Reviewed by:
Jason Stilwell, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
THROUGH: JASON STILWELL, CITY ADMINISTRATOR
DATE: 4 DECEMBER 2012
SUBJECT: RECEIVE UPDATE ON MEASURE D, PROVIDE DIRECTION AND AUTHORIZE AGREEMENTS WITH STATE BOARD OF EQUALIZATION TO IMPLEMENT MEASURE D
RECOMMENDED MOTION
Receive an update on the status of Measure D; provide direction to staff; and authorize the City Administrator to execute agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax.
BACKGROUND
On July 3, 2012, the City Council authorized the placement of a ballot measure on the November 6, 2012 election to establish a local transaction and use tax (sales tax) for general municipal purposes. The ballot measure, known as Measure D, authorized a temporary one percent sales tax for ten years to maintain essential services. Non-certified results from Monterey County indicate a 75 percent approval of Measure D. With the passage of Measure D, the City will need to enter into agreement with the State Board of Equalization for the administration of the new sales tax. Pursuant to Revenue and Taxation Code §7265, the new sales tax rate will become effective on April 1, 2013.
STAFF REVIEW
The purpose of this agenda item is to authorize the City Administrator to enter into an agreement with the State for administration of the sales tax and to seek direction regarding the funding of services, recognizing the fiscal challenges to the City and the anticipated timeline for the receipt of the additional sales tax.
The receipt of the new sales tax is scheduled to occur in the fourth quarter of fiscal year
2012-13. Projected Measure D revenue for this fiscal year is $387,000 and for fiscal year
2013-2014 is $2,113,000. The City Council will have the opportunity to allocate a fullyear’s
allocation of the sales tax during the fiscal year 2013-2014 budget process. The
fiscal year 2012-2013 budget is tight with general fund expenditures running at 24.74%
of budget as of the end of the first quarter. The City Council has several options
regarding the allocation of Measure D funding for this fiscal year. Staff recommends a
combination of conservative budget management to help assure year end budget targets
are met and setting aside funding for infrastructure improvement projects:
1. Allocate $29,000 for small scale and visible projects that can be implemented quickly and contribute to Council’s objective of Community Character.
A. “Beautification” of two blocks of Scenic Path ($6,000): irrigation, new plants and mulch, cleanup of pathway, and minor hardscape repairs
B. Mission Trail Nature Preserve sign replacement ($3,000): new entry and trail signs throughout the Preserve
C. Replace the existing wood stage at Sunset Center ($8,000)
D. Repair and replace planters and paver walkway at Sunset Center ($12,000)
2. Allocate $44,000 for Deferred Maintenance projects.
A. Repainting of Harrison Memorial Library ($28,000)
B. Painting of the interior of the Park branch library ($16,000)
3. Allocate $46,000 for Hazardous Mitigation projects.
A. Repair and replace 200’ block with new sidewalk or with cobblestone curb and gutter ($25,000)
B. Replacement of approximately 30 rail fences ($3,000)
C. Preventative ground covering at tree squares and park playgrounds ($3,000)
D. Outside labor for public works projects ($15,000)
4. Allocate $130,000 to the Non-Departmental budget to offset budgeted but less than anticipated salary savings
5. Do not allocate any funding until after June 2013
The funding options available to Council are also illustrated in the table below. Staff
recommends that Council consider a package of options (combinations 1-4) totaling
$158,000 at this time and consider the allocation of an additional sales tax until June.
State projects sales and use tax receipts on a quarterly basis and, in turn, remits an
advance of the receipts to the City on a monthly basis. Typically, the State remittance to
the City is about two months in arrears, so the first payment reflecting the new sales tax is
likely to be June 2013. In June, the City will also be receiving an update on fiscal year
2012-13 and fiscal year 2013-14 budget. The consideration of additional project funding
until June will help to ensure the City ends the fiscal year in a financial strong position.
Table 1: Project Funding Options
Options Project Category Estimated Cost
Combination 1 Community Character $29,000
Combination 2 Deferred Maintenance $44,000
Combination 3 Hazard Mitigation $46,000
Combination 4 Non-departmental $130,000
Total $249,000
FISCAL IMPACT
The City’s current sales tax is 7.25 percent, of which the City receives one percent or
approximately $2 million annually. With the passage of Measure D and Proposition 30,
the City sales tax will be 8.50 percent, of which the City will receive an additional $2
million annually for ten years. If the City receives an additional $387,000 in Measure D
sales tax for the fiscal fourth quarter (April-June) 2013 tax and allocates $249,000 for the
recommended project funding options, it is anticipated that approximately $138,000 will
remain available for future uses and to help assure the fiscal year 2012-2013 budget
remains balanced
ATTACHMENTS
Resolution
Sales Tax Agreements
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2012-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AGREEMENTS WITH THE STATE BOARD OF EQUALIZATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
WHEREAS, on November 6, 2012~ the City Council approved Ordinance 2012-8 amending the City Municipal Code and providing for a local transactions and use tax; and
WHEREAS, the State Board of Equalization (Board) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and
WHEREAS, the Board will be responsible to administer and collect the transactions and use tax for the City; and
WHEREAS, the Board requires that the City enter into a "Preparatory Agreement" and an "Administration Agreement" prior to implementation of said taxes, and
WHEREAS, the Board requires that the City Council authorize the agreements;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carmel-by-the-Sea that the "Preparatory Agreement" attached as Exhibit A and the "Administrative Agreement" attached as Exhibit B are hereby approved and City Administrator is hereby authorized to execute each agreement.
PASS ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA on this 4th day ofDecember 2012 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
JASON BURNETT, MAYOR
ATTEST:
Heidi Burch, City Clerk
Attachment A
AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE
CITY'S TRANSACTIONS AND USE TAX ORDINANCE
In order to prepare to administer a transactions and use tax ordinance adopted in accordance
with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and
Taxation Code, the City of Carmel-by-the-Sea, hereinafter called City, and the STATE BOARD OF
EQUALIZATION, hereinafter called Board, do agree as follows:
1. The Board agrees to enter into work to prepare to administer and operate a transactions and
use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been
approved by a majority of the electors of the City and whose ordinance has been adopted by the City.
2. City agrees to pay to the Board at the times and in the amounts hereinafter specified all of
the Board's costs for preparatory work necessary to administer the City's transactions and use tax
ordinance. The Board's costs for preparatory work include costs of developing procedures,
programming for data processing, developing and adopting appropriate regulations, designing and
printing forms, developing instructions for the Board's staff and for taxpayers, and other appropriate
and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall
include both direct and indirect costs as specified in Section 11256 of the Government Code.
3. Preparatory costs may be accounted for in a manner which conforms to the internal
accounting and personnel records currently maintained by the Board. The billings for costs may be
presented in summary form. Detailed records of preparatory costs will be retained for audit and
verification by the City.
4. Any dispute as to the amount of preparatory costs incurred by the Board shall be referred to
the State Director of Finance for resolution, and the Director's decision shall be final.
5. Preparatory costs incurred by the Board shall be billed by the Board periodically, with the
final billing within a reasonable time after the operative date of the ordinance. City shall pay to the
Board the amount of such costs on or before the last day of the next succeeding month following the
month when the billing is received.
6. The amount to be paid by City for the Board's preparatory costs shall not exceed one
hundred seventy-five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.)
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7. Communications and notices may be sent by first class United States mail.
Communications and notices to be sent to the Board shall be addressed to:
STATE BOARD OF EQUALIZATION
P. 0. BOX 942879
SACRAMENTO, CALIFORNIA 94279-0073
ATTENTION: EXECUTIVE DIRECTOR
Communications and notices to be sent to City shall be addressed to:
Jason Stilwell, City Administrator
City of Carmel-by-the-Sea
POBoxCC
Carmel-by-the-Sea, California 93921
8. The date of this agreement is the date on which it is approved by the Department of General
Services. This agreement shall continue in effect until the preparatory work necessary to administer
City's transactions and use tax ordinance has been completed and the Board has received all payments
due from City under the terms of this agreement.
CITY OF CARMEL-BY-THE-SEA STATE BOARD OF EQUALIZATION
By __________________________ __ By __________________________ __
(Signature) (Executive Director)
Jason Stilwell
(Typed Name)
City Administrator
(Title)
(Rev. ll /02)
45
Attachment B
AGREEMENT FOR STATE ADMINISTRATION
OF CITY TRANSACTIONS AND USE TAXES
The City Council of the City of Carmel-by-the-Sea has adopted, and the voters of the City of
Carmel-by-the-Sea (hereafter called "City" or "District") have approved by the required majority vote,
the City of Carmel-by-the-Sea Transactions and Use Tax Ordinance (hereafter called "Ordinance"), a
copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue
and Taxation Code and the Ordinance, the State Board of Equalization, (hereinafter called the "Board")
and the City do agree as follows:
ARTICLE I
DEFINITIONS
Unless the context requires otherwise, wherever the following terms appear in the Agreement,
they shall be interpreted to mean the following:
1. 11District taxes11 shall mean the transactions and use taxes, penalties, and interest imposed
under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9, and in
compliance with Part 1.6, Division 2 of the Revenue and Taxation Code.
2. 11City Ordinance11 shall mean the City's Transactions and Use Tax Ordinance referred to
above and attached hereto, Ordinance 2012-8 , as amended from time to time, or as deemed to be
amended from time to time pursuant to Revenue and Taxation Code Section 7262.2.
ARTICLE II
ADMINISTRATION AND COLLECTION
OF CITY TAXES
A. Administration. The Board and City agree that the Board shall perform exclusively all
functions incident to the administration and operation of the City Ordinance.
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B. Other Applicable Laws. City agrees that all provisiOns of law applicable to the
administration and operation of the State Sales and Use Tax Law which are not inconsistent with Part
1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and
operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may
be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from
that Fund for any authorized purpose, including making refunds, compensating and reimbursing the
Board pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is
entitled.
C. Transmittal of money.
1. For the period during which the tax is in effect, and except as otherwise provided herein, all
district taxes collected under the provisions of the City Ordinance shall be transmitted to City
periodically as promptly as feasible, but not less often than twice in each calendar quarter.
2. For periods subsequent to the expiration date of the tax whether by City's self-imposed
limits or by final judgment of any court of the State of California holding that City's ordinance is
invalid or void, all district taxes collected under the provisions of the City Ordinance shall be
transmitted to City not less than once in each calendar quarter.
3. Transmittals may be made by mail or electronic funds transfer to an account of the City
designated and authorized by the City. A statement shall be furnished at least quarterly indicating the
amounts withheld pursuant to Article IV of this Agreement.
D. Rules. The Board shall prescribe and adopt such rules and regulations as in its judgment
are necessary or desirable for the administration and operation of the City Ordinance and the
distribution of the district taxes collected thereunder.
E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this
Agreement, the Board shall give no preference in applying money received for state sales and use
taxes, state-administered local sales and use taxes, and district transactions and use taxes owed by a
taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties,
cities and counties, redevelopment agencies, other districts, and City as their interests appear.
Rev. 1/05 2
47
F. Security. The Board agrees that any security which it hereafter requires to be furnished by
taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available
for the payment of the claims of City for district taxes owing to it as its interest appears. The Board
shall not be required to change the terms of any security now held by it, and City shall not participate in
any security now held by the Board.
G. Records of the Board.
When requested by resolution of the legislative body of the City under section 7056 of the
Revenue and Taxation Code, the Board agrees to permit authorized personnel of the City to examine
the records of the Board, including the name, address, and account number of each seller holding a
seller's permit with a registered business location in the City, pertaining to the ascertainment of
transactions and use taxes collected for the City. Information obtained by the City from examination of
the Board's records shall be used by the City only for purposes related to the collection of transactions
and use taxes by the Board pursuant to this Agreement.
H. Annexation. City agrees that the Board shall not be required to gtve effect to an
annexation, for the purpose of collecting, allocating, and distributing District transactions and use
taxes, earlier than the first day of the calendar quarter which commences not less than two months after
notice to the Board. The notice shall include the name of the county or counties annexed to the
extended City boundary. In the event the City shall annex an area, the boundaries of which are not
coterminous with a county or counties, the notice shall include a description of the area annexed and
two maps of the City showing the area annexed and the location address of the property nearest to the
extended City boundary on each side of every street or road crossing the boundary.
ARTICLE III
ALLOCATION OF TAX
A. Allocation. In the administration of the Board's contracts with all districts that impose
transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the
Revenue and Taxation Code:
Rev. 1.'05 3
48
1. Any payment not identified as being in payment of liability owing to a designated
district or districts may be apportioned among the districts as their interest appear, or, in the discretion
of the Board, to all districts with which the Board has contracted using ratios reflected by the
distribution of district taxes collected from all taxpayers.
2. All district taxes collected as a result of determinations or billings made by the Board,
and all amounts refunded or credited may be distributed or charged to the respective districts in the
same ratio as the taxpayer's self-declared district taxes for the period for which the determination,
billing, refund or credit applies.
B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to
vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for
registration or on the certificate of ownership may be used by the Board in determining the place of
use.
ARTICLE IV
COMPENSATION
The City agrees to pay to the Board as the Board's cost of administering the City Ordinance
such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the
Board for the City.
ARTICLE V
MISCELLANEOUS PROVISIONS
A. Communications. Communications and notices may be sent by first class United States
mail to the addresses listed below, or to such other addresses as the parties may from time to time
designate. A notification is complete when deposited in the mail.
Re\ . 1 '05 4
49
Communications and notices to be sent to the Board shall be addressed to:
State Board of Equalization
P.O. Box 942879
Sacramento, California 94279-0073
Attention: Executive Director
Communications and notices to be sent to the City shall be addressed to:
Jason Stilwell, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, California 93921
Unless otherwise directed, transmittals of payment of District transactions and use taxes
will be sent to the address above.
B. Term. The date of this Agreement is the date on which it is approved by the Department of
General Services. The Agreement shall take effect on April 1, 2013. This Agreement shall continue
until December 31 next following the expiration date of the City Ordinance, and shall thereafter be
renewed automatically from year to year until the Board completes all work necessary to the
administration of the City Ordinance and has received and disbursed all payments due under that
Ordinance.
C. Notice of Repeal of Ordinance. City shall give the Board written notice of the repeal of
the City Ordinance not less than 110 days prior to the operative date of the repeal.
Rev. 1/05 5
50
ARTICLE VI
ADMINISTRATION OF TAXES IF THE
ORDINANCE IS CHALLENGED AS BEING INVALID
A. Impoundment of funds.
1. When a legal action is begun challenging the validity of the imposition of the tax, the
City shall deposit in an interest-bearing escrow account, any proceeds transmitted to it under
Article II. C., until a court of competent jurisdiction renders a final and non-appealable judgment that
the tax is valid.
2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall
transmit to the Board the moneys retained in escrow, including any accumulated interest, within ten
days of the judgment of the trial court in the litigation awarding costs and fees becoming final and nonappealable.
B. Costs of administration. Should a final judgment be entered in any court of the State of
California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to
taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that:
1. Board may retain all payments made by City to Board to prepare to administer the City
Ordinance.
2. City will pay to Board and allow Board to retain Board's cost of administering the City
Ordinance in the amounts set forth in Article IV of this Agreement.
3. City will pay to Board or to the State of California the amount of any taxes plus interest
and penalties, if any, that Board or the State of California may be required to rebate or refund to
taxpayers.
Rev. l/05 6
51
4. City will pay to Board its costs for rebating or refunding such taxes, interest, or
penalties. Board's costs shall include its additional cost for developing procedures for processing the
rebates or refunds, its costs of actually making these refunds, designing and printing forms, and
developing instructions for Board's staff for use in making these rebates or refunds and any other costs
incurred by Board which are reasonably appropriate or necessary to make those rebates or refunds.
These costs shall include Board's direct and indirect costs as specified by Section 11256 of the
Government Code.
5. Costs may be accounted for in a manner, which conforms to the internal accounting, and
personnel records currently maintained by the Board. The billings for such costs may be presented in
summary form. Detailed records will be retained for audit and verification by City.
6. Any dispute as to the amount of costs incurred by Board in refunding taxes shall be
referred to the State Director of Finance for resolution and the Director's decision shall be final.
7. Costs incurred by Board in connection with such refunds shall be billed by Board on or
before the 25th day of the second month following the month in which the judgment of a court of the
State of California holding City's Ordinance invalid or void becomes final. Thereafter Board shall bill
City on or before the 25th of each month for all costs incurred by Board for the preceding calendar
month. City shall pay to Board the amount of such costs on or before the last day of the succeeding
month and shall pay to Board the total amount of taxes, interest, and penalties refunded or paid to
taxpayers, together with Board costs incurred in making those refunds.
CITY OF STATE BOARD OF EQUALIZATION
By __________________________ __ By __________________________ __
(Signature) (Executive Director)
Jason Stilwell
(Typed Name)
City Administrator
(Title)
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