HomeMy Public PortalAboutSample Ballot 11-5-19Dean C. Logan
Los Angeles County
Registrar-Recorder/County Clerk
November 5, 2019
Polls open at 7 am and close at 8 pm
LAvote.net
Voting instructions
How to vote at your polling place on Election Day
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The City Council of the City of Claremont has placed a sales tax measure
an ordinance that would enact a City-based three-quarter percent (0.75%) sales
add three quarters of a cent ($0.0075) per dollar to the price of an item subject
to the tax. In other words, if a consumer spends $100 in Claremont, this tax
would add 75 cents to the bill.
Sales taxes are levied on the purchase price of retail sales and uses of tangible
personal property. The State has a sales tax cap of 10.25%. The current sales
tax rate in Claremont is 9.5%. The City currently receives 1% of this 9.5%. The
remainder goes to the State (6.25%) and other regional agencies, like the
County (collectively, 2.25%). This Measur
would increase the total sales tax rate in Claremont from 9.5% to the cap of
10.25%.
The proceeds of this tax would go to ths general fund to be
used for City services, programs, and projects, such as:
- police protection,
- youth and senior programs,
- special events,
- maintaining parks, trees, and landscaping,
- repairing infrastructure and facilities (e.g., streets and sidewalks),
- maintaining buildings (e.g., roofs and HVAC),
- rising operational costs (e.g., increased pension and insurance costs), and
- restoring reserves.
Because this Measure does not limit the use of tax revenue, State law considers
nds to a specific purpose.
The estimated proceeds of this tax are $2.5 million per year, but actual revenues
specifically Article XIII, Section
by this Measure from being diverted
away from the City and its services, programs, and projects.
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RTIAL ANALYSIS OF MEASURE CR (Continued)
opting the City-based 0.75% sales tax
under this Measure. If a simple majority (i.e., more than 50%) of voters vote
will be approved, and the ordinance authorizing the
City-based 0.75% sales tax will be adopted.
ALISHA PATTERSON
City Attorney
The above statement is an impartial analysis of the Claremont
Transactions and Use Tax Ordinance, referred to herein as the Measure.
at (909) 399-5461, and a copy will be mailed at no cost to you.
M0000671610ENG-2
ARGUMENT IN FAVOR OF MEASURE CR
Claremont voters are being given this opportunity to secure proper funding for
the level of services we have come to expect. These include police and public
safety, youth and senior programs, maintenance of parks, streets and lighting.
Our City is in financial crisis because of unpreventable increases in insurance,
utilities and pensions. We face a $1 million deficit this year and $1.8 million by
2021-22. This proposed sales tax increase of .75% will provide an estimated
$2-$2.5 million annually to Claremont. This will address the budget deficit and
will also provide reserves for future unanticipated cost increases and enhanced
service levels.
In 2018, the City Council formed the Future Financial Opportunities Committee
(FFOC), representing a diverse group of residents, to explore new revenue
opportunities. This sales tax increase was this grou
Currently, Claremont receives only 1% of our 9.50% sales tax, with the rest
going to the State, County and other taxing agencies. The state allows a
maximum of 10.25%. If Claremont voters want to secure this final .75% for our
City (before other taxing agencies take this opportunity away), the time to act
is now. Already, nineteen other Los Angeles County cities have passed local
increases.
We have the opportunity to act now. Secure the added tax dollars for Claremont.
Secure our financial future.
Vote YES on Measure CR to secure the quality of life for Claremont residents
now and in the future.
COREY CALAYCAY
Mayor
NICHOLAS C. QUACKENBOS
Businessman
LISSA PETERSEN
Retired Professor
PETER S. ALVARADO
Casino Compliance Officer
SONJA STUMP FAGG
Business Owner
M0000671615ENG-3
REBUTTAL TO ARGUMENT IN FAVOR OF MEASURE CR
The State of California does NOT impose a 10.25% statewide maximum sales
tax limit and voting for Measure CR will NOT stop other agencies from raising
than that in the future.
Proponents argue that sales taxes are capped at 10.25%. Not true. The City of
Santa Fe Springs is already at 10.50%! Proponents also argue that if Measure CR
is approved, other agencies, such as the Los Angeles Fire Department and the
South Coast Air Quality Management District will be unable to raise our sales
tax rate any further. Also, not true. Sacramento is highly unlikely to exempt
Claremont from paying its equal share for fire protection or clean air, simply
because Claremont wants the money for itself. If these agencies get approval to
increase sales tax rates in the future, which the Air Quality Management District
s tax rate will go well beyond 11%.
City Hall has stated repeatedly that the tax revenue from Measure CR would
that the revenue will be us
afford to expand services by raising taxes on those who can least afford it.
Everyone knows that sales taxes are regressive. If Measure CR passes, it will
hurt low-income families facing higher rents and seniors on fixed incomes the
most.
We should be focused on securing the financial future for small Village
retailers, seniors, and struggling families living paycheck to paycheck, rather
than administrators at City Hall.
Please Vote NO on Measure CR and help keep Claremont affordable for
everyone.
MATTHEW MAGILKE
Prof. of Accounting
LINDA WIECZOREK
25 Yr Homeowner
ERIC HUGHSON
Professor of Finance
ARMAN ARIANE
Xerxes & Persepolis Owner
MOJGAN ARIANE
Susa Boutique
M0000671620ENG-4
ARGUMENT AGAINST MEASURE CR
Measure CR is BAD FOR LOW-INCOME FAMILIES AND SMALL
BUSINESSES. If this regressive tax pa
2.5% higher than nearby cities. This tax will not only disproportionately hit
low-income families who already struggle to live in Claremont, it will devastate
small, locally-owned retailers, potentially costing them millions in lost sales,
and putting many of them out of business. Despite the loca
and the false premise by city
virtually every retailer in the Village opposes this tax!
Measure CR is a BLANK CHECK. Our City Council refused to earmark a
single dollar of this tax increase, not even for police-station upgrades they say
we desperately need. This means theywill spend up to $27,000,000 over the
next ten years on automatic raises, higher pensions, and annual bonuses.
CITY HALL CANNOT BE TRUSTED. City Hall has a history of making
exaggerated and false claims. In 2014, they told us that a $125,000,000 takeover
of the water company would reduce our water bills. In 2016, they told us we
needed to replace our police station with a $50,000,000 Taj Mahal. In 2018,
after the failure of two consecutive ballot measures and years of telling us the
existing police stationcould not be fixed, they finally admitted that it could.
Last fall, they announced that we were facing multiple years of budget deficits,
then, 24 hours later, they reported a budget surplus and granted over $100,000
in bonuses! Paying bonuses one day anddeclaring a fiscal emergency the next,
makes no sense.
City Hall has consistently demonstrated they cannot be trusted to make good
decisions and spend our tax dollars wisely. Please support our small businesses
and keep Claremont affordable for everyone by voting NO on Measure CR.
SUZANNE ANGEL
Business Owner
CHRISTINE IDE
Business Owner
ARMAN ARIANE
Chamber Member
MOJGAN AZIZI ARIANE
Business Owner Susa Boutique
KURT BUMILLER
Homeowner 26 Years
M0000671625ENG-5
REBUTTAL TO ARGUMENT AGAINST MEASURE CR
A vote for Measure CR is the responsible choice for maintaining our excellent
city services, building financial reserves for future emergencies, and securing
worked diligently to make deep cuts the last two years totaling $3.4 million
without significant impacts on services. A new source of revenue is needed
ill likely lose this revenue to the county
or another local agency.
Residents of other San Gabriel Valley cities such as Pomona and Glendora have
made the responsible choice to secure their finances with similar measures,
without negative consequences on low-income families or small businessthat
those opposed to this measure claim. In fact, the Claremont Chamber of
Commerce has enthusiastically endorsed Measure CR in order to protect the
tax is not collected ongroceries, prescription drugs and several other essentials,
so low-income families will not be disproportionately impacted.
The rebuttal argument sets forth a parade of horribles that will accompany
Measure CR. Opponents predict disaster
Claremont, speaking at public meetings and through our elected council. And we
will decide how these resources are spent, and whether our tax dollars will stay
RANDALL S. PROUT
Retired Business Owner
JOSE N. MEDEIROS
Business Owner
ROBERT W. BOWCOCK
Claremont Business Owner
MAURY FEINGOLD
Community Volunteer
ZACH COURSER
Professor
M0000671630ENG-6
PROPOSED ORDINANCE OF MEASURE CR
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLAREMONT, CALIFORNIA, ESTABLISHING A TRANSACTIONS
(SALES) AND USE TAX TO BE ADMINISTERED BY THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
WHEREAS,
budget pressures due to growing services and supply costs related to increasing
water, electricity and other utility rates, higher contract maintenance cost
increases due to changes in state labor laws, particularly the increase in the state
minimum wage, as well as the requirements of the federal Affordable Care Act
neral liability and workers compensation
insurance coverage, and increasing personnel costs, including those related to
nia Public Employees Retirement System
(CalPERS), and
WHEREAS,
the residents of the City choose to reside in Claremont because it
offers a wide range of programs and servic
quality of life, and maintain theirproperty values; and
WHEREAS,
Claremont residents strongly prioritize maintaining and
protecting key City services that protect public safety, health and welfare of
residents and improve the quality of life of residents in the City; and
WHEREAS,
to preserve vital City services, the City must identify a reliable
source of locally controlled funding; and
WHEREAS,
Article XIIIC, Section 2 of the California Constitution authorizes
a city to impose a general tax (including a sales tax) if approved by a majority
vote of the qualified electors; and
WHEREAS,
pursuant to Article XIIIC, the general tax may be approved at a
special election in cases of emergency with the unanimous approval of the
governing body; and
WHEREAS,
on June 11, 2019, by unanimous approval, the City Council of
adopted Resolution No. 2019-35, declaring
a fiscal emergency due to the severe budget deficits in the City; and
WHEREAS,
Park 1.6 (commencing with Section 7251) of Division 2 of the
California Revenue and Taxation Code, and Section 7285.9 of the California
Revenue and Taxation Code, authorizes a city to adopt a transactions and use
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; and
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PROPOSED ORDINANCE OF MEASURE CR (Continued)
WHEREAS,
this ordinance creates a locally-controlled funding source
(a sales tax) that can only be used for local services and address local priorities,
which is legally protected from being taken by the State.
NOW, THEREFORE THE PEOPLE OF THE CITY OF CLAREMONT,
CALIFORNIA DO ORDAIN AS FOLLOWS:
Section 1. Recitals.
The above recitals aretrue and correct and, accordingly,
are incorporated as a material part of this Ordinance.
Section 2. Amendment of Municipal Code.
Chapter 3.30 \[Transactions and Use Tax\]
is hereby added to the Claremont Municipal Code to read as follows:
TRANSACTIONS AND USE TAX
3.30.010 Title.
This ordinance shall be known as the Claremont Transactions and Use Tax
Ordinance. The City of Claremont hereinafter shall be ca
ordinance shall be applicable in the incorporated territory of the City.
3.30.020 Operative Date.
the first calendar quarter commencing
more than 110 days after the adoption of this ordinance, the date of such
adoption being as set forth below.
3.30.030 Purpose.
This ordinance 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 (commencing with Section 6001 of the Revenue and Taxation Code)
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.
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PROPOSED ORDINANCE OF MEASURE CR (Continued)
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
California Department of Tax and Fee Administration in a manner that adapts
itself as fully aspracticable to, and requires the least possible deviation from,
the existing statutory and administrative procedures followed by the California
Department of Tax and Fee Administration in administering and collecting the
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 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.
3.30.040 Contract with State.
Prior to the operative date, the City shall contract with the California
Department of Tax and Fee Administration to perform all functions incident to
the administration and operation of this transactions and use tax ordinance;
provided, that if the City shall not have contracted with the California
Department of Tax and Fee Administration 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.
3.30.050 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
3/4 of a cent per dollar (0.75%) 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.
3.30.060 Place of Sale.
For the purposes of this ordinance, 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 or her 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
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PROPOSED ORDINANCE OF MEASURE CR (Continued)
consummated shall be determined under rules and regulations to be prescribed
and adopted by the California Department of Tax and Fee Administration.
3.30.070 Use Tax Rate.
A use 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 3/4 of a cent per dollar (0.75%) 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 deliveryis made.
3.30.080 Adoption of the Provisions of State Law.
Except as otherwise provided in this ordinance 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 Revenue and Taxation Code are hereby adopted and made
a part of this ordinance as though fully set forth herein.
3.30.090 Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 (commencing with Section 6001) 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:
the title of the State Controller, State
Treasurer, 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 California Department of Tax and Fee Administration, 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
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M0000671640ENG-10
PROPOSED ORDINANCE OF MEASURE CR (Continued)
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 thestate 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.
be substituted for the word
of that phrase in Section 6203.
ll also include any retailer
that, in the preceding calendar year or the current calendar year, has total
combined sales of tangible personal property in this state or for delivery in the
State by the retailer and all persons related to the retailer that exceeds five
hundred thousand dollars ($500,000). For purposes of this section, a person is
related to another person if both persons are related to each other pursuant to
Section 267(b) of Title 26 of the United States Code and the regulations
thereunder.
3.30.100 Permit Not Required.
a retailer under Section 6067 of the
Revenue and Taxation Code, an additional trans
required by this ordinance.
3.30.110 Exemptions and Exclusions.
A.There shall be excluded from the measure of the transactions tax and
the use tax the amount of anysales 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:
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.
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PROPOSED ORDINANCE OF MEASURE CR (Continued)
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
3of 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 toan 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 ordinance.
4.A lease of tangible personal property which is 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 timefor 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
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M0000671640ENG-12
PROPOSED ORDINANCE OF MEASURE CR (Continued)
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.
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
contractor 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 ofthe
retailer.
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 registersor licenses the vehicle, vessel, or aircraft
at an address in the City.
that, in the preceding calendar year or the current calendar year, has total
combined sales of tangible personal property in this state or for delivery in the
state by the retailer and all persons related to the retailer that exceeds
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PROPOSED ORDINANCE OF MEASURE CR (Continued)
five hundred thousand dollars ($500,000). For purposes of this section, a person
is related to another person if both persons are related to each other pursuant to
Section 267(b) of Title 26 of the United States Code and the regulations
thereunder.
D.Any person subject to use tax under this ordinance shall be entitled to credit
against that tax any transactions tax, or to reimbursement for a transactions tax,
paid to a district or retailer in a district imposing a transactions tax pursuant to
Part 1.6 of Division 2 of the Revenue and Taxation Code.
3.30.120 Amendments to State Law.
All amendments subsequent to the effectivedate of this ordinance to Part 1 of
Division 2 of the Revenue and Taxation Code (commencing with Section 6001)
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 ordinance, provided however, that no such
amendment shall operate so as to affect the rate of tax imposed by this ordinance.
3.30.130 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 ordinance, 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.
3.30.140 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.
3.30.150 Effective Date.
This ordinance relates to the levying and collecting of the City transactions and
use taxes and shall take effect immediately.
3.30.160 Termination Date.
The authority to levy the tax imposed by this ordinance shall not expire unless
terminated by lawful vote of the electorate
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PROPOSED ORDINANCE OF MEASURE CR (Continued)
Section 3. Severability.
If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase added by this ordinance, or any part thereof, is for
any reason held to be unconstitutional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not affect the validity of
effectiveness of the remaining portions of this ordinance or any part thereof.
The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that anyone or more subsections, subdivisions,
paragraphs, sentences, clauses, or phrases are declared unconstitutional,
invalid, or ineffective.
Section 4. CEQA.
The adoption of this ordinance
the requirements of the California Environmental Quality Act (CEQA) (Public
Resources Code Section §§ 21000 et seq.). CEQA Guideline § 15378(b)(4)
provides thatthe creation of government funding mechanisms or other
government fiscal activities that do not involve any commitment to a specific
project that may result in a potentially significant physical impact on the
environment are not projects subject to the requirements of CEQA.
Section 5. Appropriations Limit.
Pursuant to Article XIIIB of the California
Constitution, the appropriations limit for the City of Claremont is increased to
the maximum extent over the maximum period of time allowed under the law
consistent with the revenues generated by this tax.
Section 6. Election Required.
This ordinance shall not become effective
unless and until a majority of City voters voting on this measure vote to approve
the imposition of City transactions and use tax (more commonly known as a
Election to be held on November 5th,
2019.
Section 7. Execution.
The Mayor shall sign this Ordinance and the City Clerk
shall attest and certify to the passage and adoption of it, and within
fifteen(15) days, publish in the Claremont Courier, a weekly newspaper of
general circulation, printed, published and circulated in the City of Claremont.
Section 8. Certification.
The City Clerk of the City of Claremont shall certify
that this ordinance was passed, approved and adopted by the People of the City
of Claremont, California, voting on the 5th day of November, 2019.
Section 9. Effective Date.
This ordinance shall be considered as adopted upon
the date that the vote on this ordinance is declared by theCity Council for the
City of Claremont, and shall go into effect 10 days after that date.
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PROPOSED ORDINANCE OF MEASURE CR
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLAREMONT, CALIFORNIA, ESTABLISHING A TRANSACTIONS
(SALES) AND USE TAX TO BE ADMINISTERED BY THE
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
WHEREAS, the City of Claremont ("City" or "Claremont") faces severe
budget pressures due to growing services and supply costs related to increasing
water, electricity and other utility rates, higher contract maintenance cost
increases due to changes in state labor laws, particularly the increase in the state
minimum wage, as well as the requirements of the federal Affordable Care Act
(ACA), rising costs of the City's general liability and workers compensation
insurance coverage, and increasing personnel costs, including those related to
the City's participation in the California Public Employees Retirement System
(CalPERS), and
WHEREAS, the residents of the City choose to reside in Claremont because it
offers a wide range of programs and services that enhance residents' safety and
quality of life, and maintain their property values; and
WHEREAS, Claremont residents strongly prioritize maintaining and
protecting key City services that protect public safety, health and welfare of
residents and improve the quality of life of residents in the City; and
WHEREAS, to preserve vital City services, the City must identify a reliable
source of locally controlled funding; and
WHEREAS, Article XIIIC, Section 2 of the California Constitution authorizes
a city to impose a general tax (including a sales tax) if approved by a majority
vote of the qualified electors; and
WHEREAS, pursuant to Article XIIIC, the general tax may be approved at a
special election in cases of emergency with the unanimous approval of the
governing body; and
WHEREAS, on June 11, 2019, by unanimous approval, the City Council of
the City of Claremont (the "City") adopted Resolution No. 2019-35, declaring
a fiscal emergency due to the severe budget deficits in the City; and
WHEREAS, Park 1.6 (commencing with Section 7251) of Division 2 of the
California Revenue and Taxation Code, and Section 7285.9 of the California
Revenue and Taxation Code, authorizes a city to adopt a transactions and use
tax ordinance (commonly known as a "sales 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; and
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M0000671640ENG-7 LA 001-018
PROPOSED ORDINANCE OF MEASURE CR (Continued)
WHEREAS, this ordinance creates a locally -controlled funding source
(a sales tax) that can only be used for local services and address local priorities,
which is legally protected from being taken by the State.
NOW, THEREFORE THE PEOPLE OF THE CITY OF CLAREMONT,
CALIFORNIA DO ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and, accordingly,
are incorporated as a material part of this Ordinance.
Section 2. Amendment of Municipal Code. Chapter 3.30 [Transactions and Use Tax]
is hereby added to the Claremont Municipal Code to read as follows:
"Chapter 3.30
TRANSACTIONS AND USE TAX
3.30.010 Title.
This ordinance shall be known as the Claremont Transactions and Use Tax
Ordinance. The City of Claremont hereinafter shall be called "City." This
ordinance shall be applicable in the incorporated territory of the City.
3.30.020 Operative Date.
"Operative Date" means the first day of the first calendar quarter commencing
more than 110 days after the adoption of this ordinance, the date of such
adoption being as set forth below.
3.30.030 Purpose.
This ordinance 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 (commencing with Section 6001 of the Revenue and Taxation Code)
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.
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M0000671640ENG-8 LA 001-019
PROPOSED ORDINANCE OF MEASURE CR (Continued)
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
California Department of Tax and Fee Administration 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 California
Department of Tax and Fee Administration in administering and collecting the
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 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.
3.30.040 Contract with State.
Prior to the operative date, the City shall contract with the California
Department of Tax and Fee Administration to perform all functions incident to
the administration and operation of this transactions and use tax ordinance;
provided, that if the City shall not have contracted with the California
Department of Tax and Fee Administration 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.
3.30.050 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
3/4 of a cent per dollar (0.75%) 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.
3.30.060 Place of Sale.
For the purposes of this ordinance, 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 or her 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
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M0000671640ENG-9 LA 001-020
PROPOSED ORDINANCE OF MEASURE CR (Continued)
consummated shall be determined under rules and regulations to be prescribed
and adopted by the California Department of Tax and Fee Administration.
3.30.070 Use Tax Rate.
A use 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 3/4 of a cent per dollar (0.75%) 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.
3.30.080 Adoption of the Provisions of State Law.
Except as otherwise provided in this ordinance 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 Revenue and Taxation Code are hereby adopted and made
a part of this ordinance as though fully set forth herein.
3.30.090 Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 (commencing with Section 6001) 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 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 California Department of Tax and Fee Administration, 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
(Continued on next page)
M0000671640ENG-10 LA 001-021
PROPOSED ORDINANCE OF MEASURE CR (Continued)
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.
1. "A retailer engaged in business in the district" shall also include any retailer
that, in the preceding calendar year or the current calendar year, has total
combined sales of tangible personal property in this state or for delivery in the
State by the retailer and all persons related to the retailer that exceeds five
hundred thousand dollars ($500,000). For purposes of this section, a person is
related to another person if both persons are related to each other pursuant to
Section 267(b) of Title 26 of the United States Code and the regulations
thereunder.
3.30.100 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.
3.30.110 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:
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.
(Continued on next page)
M0000671640ENG-11 LA 001-022
PROPOSED ORDINANCE OF MEASURE CR (Continued)
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.
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 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
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M0000671640ENG-12 LA 001-023
PROPOSED ORDINANCE OF MEASURE CR (Continued)
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.
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.
8. "A retailer engaged in business in the district" shall also include any retailer
that, in the preceding calendar year or the current calendar year, has total
combined sales of tangible personal property in this state or for delivery in the
state by the retailer and all persons related to the retailer that exceeds
(Continued on next page)
M0000671640ENG-13 LA 001-024
PROPOSED ORDINANCE OF MEASURE CR (Continued)
five hundred thousand dollars ($500,000). For purposes of this section, a person
is related to another person if both persons are related to each other pursuant to
Section 267(b) of Title 26 of the United States Code and the regulations
thereunder.
D. Any person subject to use tax under this ordinance shall be entitled to credit
against that tax any transactions tax, or to reimbursement for a transactions tax,
paid to a district or retailer in a district imposing a transactions tax pursuant to
Part 1.6 of Division 2 of the Revenue and Taxation Code.
3.30.120 Amendments to State Law.
All amendments subsequent to the effective date of this ordinance to Part 1 of
Division 2 of the Revenue and Taxation Code (commencing with Section 6001)
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 ordinance, provided however, that no such
amendment shall operate so as to affect the rate of tax imposed by this ordinance.
3.30.130 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 ordinance, 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.
3.30.140 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.
3.30.150 Effective Date.
This ordinance relates to the levying and collecting of the City transactions and
use taxes and shall take effect immediately.
3.30.160 Termination Date.
The authority to levy the tax imposed by this ordinance shall not expire unless
terminated by lawful vote of the electorate or as required or authorized by law."
(Continued on next page)
M0000671640ENG-14 LA 001-025
PROPOSED ORDINANCE OF MEASURE CR (Continued)
Section 3. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause, or phrase added by this ordinance, or any part thereof, is for
any reason held to be unconstitutional or invalid or ineffective by any court of
competent jurisdiction, such decision shall not affect the validity of
effectiveness of the remaining portions of this ordinance or any part thereof.
The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause, or phrase thereof
irrespective of the fact that anyone or more subsections, subdivisions,
paragraphs, sentences, clauses, or phrases are declared unconstitutional,
invalid, or ineffective.
Section 4. CEQA. The adoption of this ordinance is not a "project" subject to
the requirements of the California Environmental Quality Act (CEQA) (Public
Resources Code Section §§ 21000 et seq.). CEQA Guideline § 15378(b)(4)
provides that the creation of government funding mechanisms or other
government fiscal activities that do not involve any commitment to a specific
project that may result in a potentially significant physical impact on the
environment are not projects subject to the requirements of CEQA.
Section 5. Appropriations Limit. Pursuant to Article XIIIB of the California
Constitution, the appropriations limit for the City of Claremont is increased to
the maximum extent over the maximum period of time allowed under the law
consistent with the revenues generated by this tax.
Section 6. Election Required. This ordinance shall not become effective
unless and until a majority of City voters voting on this measure vote to approve
the imposition of City transactions and use tax (more commonly known as a
"sales tax") at the Special Municipal Election to be held on November 5th,
2019.
Section 7. Execution. The Mayor shall sign this Ordinance and the City Clerk
shall attest and certify to the passage and adoption of it, and within
fifteen (15) days, publish in the Claremont Courier, a weekly newspaper of
general circulation, printed, published and circulated in the City of Claremont.
Section 8. Certification. The City Clerk of the City of Claremont shall certify
that this ordinance was passed, approved and adopted by the People of the City
of Claremont, California, voting on the 5th day of November, 2019.
Section 9. Effective Date. This ordinance shall be considered as adopted upon
the date that the vote on this ordinance is declared by the City Council for the
City of Claremont, and shall go into effect 10 days after that date.
M0000671640ENG-15 LA 001-026
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