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HomeMy WebLinkAboutB- 4 Consider Adoption of Resolution to place Measures "A " and " B" on the City's General Municipal Election on March 6, 2001 AZUSA AGENDA ITEM MEMORANDUM TO: HONORABLE MEMBERS OF THE CITY COUNCIL FROM: ROBERT K. PERSON Q'14^e ASSISTANT CITY MAN GER - X5224 VIA: RICK COLE �/ CITY MANAGER DATE: DECEMBER 4, 2000 SUBJECT: CONSIDER ADOPTION OF RESOLUTIONS TO PLACE MEASURES "A" and "B" ON THE CITY'S GENERAL MUNCIPAL ELECTION ON MARCH 6, 2001 RECOMMENDATION It is recommended that the City Council consider adopting the following resolutions to place Measures A and B that would revise the City's Business License Tax Ordinance on the ballot for the city's general municipal election on March 6, 2001: 1. A resolution calling for Measure A- a measure to amend the business license tax ordinance concerning changes in home-based business tax and out-of-town businesses tax; and, Measure B - a measure concerning the residential rental properties tax. 2. A resolution authorizing ballot arguments and directing the city attorney to prepare an impartial analysis of Measures A and B. If approved by voters, Measures A and B would: • Remove the exemption that many out-of-town businesses take advantage of to underpay the City's Business License Tax • More fairly recover the costs borne for City services generated by the Azusa's apartment complexes *,12/6Zi /02 O' Ity: ' 1 , . : 16 9410 S .L..„.„,_ „it. ,, . , 1W. Measures A &B Report BACKGROUND Since the passage of Proposition 218, all measures affecting taxation must go to the voters for approval. In looking at revenue to replace that diverted by the State since 1992, staff looked at a number of issues of potential fairness and equity in how taxes are currently charged and collected. Prior to an October 23`d City Council workshop, staff identified a number of measures requiring voter approval to address these issues. After narrowing the options for consideration to three, City staff and two Councilmembers participated in a joint workshop with the Azusa Chamber of Commerce to discuss them further. At a subsequent November 14`x' City Council meeting, the Council directed the staff to draft ballot language and resolutions for placing two of these measures, making changes to Azusa's existing Business License Tax Ordinance, on the March 2001 ballot: Measure A: The first measure removes two inequities in the current Business License Tax Ordinance. Currently, only home-based businesses are taxed on the first $5,000 in gross receipts while all other businesses are exempt from paying taxes on this same amount. Staff is recommending that this exemption be removed and that this tax be applied to all businesses, since virtually every single one exempted operates outside the City, thus giving an advantage to non-Azusa based businesses. It is anticipated that by applying this tax, across- the-board, the City could generate approximately $51,000 in additional revenue. The second part of Measure A would eliminate a provision that allows out-of-city businesses to pay for their business license and their tax on gross receipts only when the business renews its business license the following year. Given this provision, an out-of-city business who generated significant revenue in one year but anticipates little business the following year may opt not to renew its business license in the second year to avoid paying its gross receipts tax to the City. In addition to the foregone revenue due to the City, staff feels that this presents a competitive disadvantage to Azusa businesses who are not able to avoid this cost of doing business and must make it part of their bottom line. In a worst case situation, it is possible that an Azusa-based business could lose contract awards because of their increased cost of doing business stemming from this disparity. It is anticipated that this correction to the Business License Tax Ordinance could generate approximately $200,000 in revenue currently not being collected. Measure B: The second measure changes the existing formula for taxing rental property of four or more units. It replaces the current gross receipts formula with a $120 dollar per year unit tax (adjusted annually by the California Consumer Price Index) on all residential rental properties consisting of four or more units. The measure would retain the current payment of a gross receipts tax on residential rental properties of three or less units. Staff is recommending this measure as a means of assessing larger multi-family rental property owners with a more equitable share of the City's general fund expenses. In a previous staff report, it was highlighted that residential rentals utilize approximately three times the amount of police services as single family properties (based on a 1994 report), account for approximately ninety percent of all graffiti abatement costs and require far more street sweeping services. While residential rentals represent 48% of the City's housing stock, they contribute 1/3 the amount of taxes paid by owner-occupied dwellings and are essentially being subsidized in their fair share of city costs by other tax revenues. It is estimated that this measure would generate an additional $380,000 in general fund revenue to the City. Measures A &B Report In their attached letter, the Azusa Chamber of Commerce expresses general support for the City's effort to seek replacement revenue and states for the record that the Chamber will not oppose the proposed measures. Ballot Argument Policy The City Council will be asked to decide whether to draft a ballot argument or designate individual council members' in conjunction with other community parties/organizations -a maximum of five signatures -to sign an argument in favor of the measures. FISCAL IMPACT Passage of the proposed measures would result in additional general fund revenue to the City of approximately $630,000. RESOLUTION NO. 00-C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF CERTAIN MEASURES RELATING TO AMENDMENTS OF THE CITY'S BUSINESS LICENSE TAX CONCERNING RENTAL PROPERTIES, SMALL BUSINESSES GENERATING UNDER $5,000 IN GROSS RECEIPTS AND OUT-OF-TOWN BUSINESSES AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 6, 2001, AS CALLED BY RESOLUTION NO. 00-C122. WHEREAS,a General Municipal election on Tuesday,MARCH 6,2001, has been called by Resolution No. 00-C122, adopted on October 16, 2000, and WHEREAS, the City Council also desires to submit to the voters at the election questions relating to amendments of the city's business license tax • concerning rental properties, small businesses generating under $5,000 in gross receipts and out-of-town businesses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following questions: Measure A: Shall Ordinance No. 2000-13 be adopted which amends the City's business license tax to 1) repeal the exemption that allows some businesses generating gross receipts of less than $5,000 to pay no tax and 2) require out-of-town businesses to pay business license taxes based on a formula to ensure that all gross receipts are counted during a calendar year? Measure B: Shall Ordinance No. 2000-14 be adopted which amends the City's business license tax on rental properties (of four or more units) to charge a flat tax on each unit, indexed to inflation, instead of the current formula based on gross receipts? SECTION 2. That the proposed measures, in the form of ordinances, to be submitted to the voters are attached as exhibit A and exhibit B. SECTION 3. That in all particulars not recited in this resolution, the election shall be held and conduced as provided by law for holding municipal elections. SECTION 4. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 4th day of December, 2000. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 4th day of December, 2000, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RESOLUTION NO. 00-C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS. WHEREAS, a General Municipal election is to be held in the City of Azusa, California, on Tuesday, MARCH 6, 2001, at which there will be submitted to the voters the following measures: Measure A: Shall Ordinance No. 2000-13 be adopted which amends the City's business license tax to 1) repeal the exemption that allows some businesses generating gross receipts of less than $5,000 to pay no tax and 2) require out-of-town businesses to pay business license taxes based on a formula to ensure that all gross receipts are counted during a calendar year? Measure B: Shall Ordinance No. 2000-14 be adopted which amends the City's business license tax on rental properties (of four or more units) to charge a flat tax on each unit, indexed to inflation, instead of the current formula based on gross receipts? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes any and all members of the City Council to file written arguments in Favor or Against City measures, accompanied by the printed names and signatures of the persons submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed names and signature of at least one of its principal officers, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measures may be submitted may be submitted to the City Clerk. SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measures to the City Attorney. The City Attorney shall prepare an impartial analysis of the measures showing the effect of the measures on the existing law and the operation of the measures. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED this 4th day of December, 2000. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 4th day of December, 2000, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK - 2 - ORDINANCE NO.0-2000-13 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTIONS 18-17, 18-691 AND 18-693 OF THE AZUSA MUNICIPAL CODE CONCERNING A LICENSE TAX BASED ON NUMBER OF EMPLOYEES AND MISCELLANEOUS BUSINESS LICENSES THE PEOPLE OF THE CITY OF AZUSA, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. Section 18-17, subsection (d) of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "(d) Gross receipts calculation. Whenever the license tax is determined or calculated upon a basis of the gross receipts from the conduct of business, the provisions of this subsection shall apply. The license tax for the first year on a new business shall be a flat tax of$90.00 for five employees or less and $150.00 for more than five employees in addition to any gross receipts tax due and payable upon renewal, transfer, or expiration of the business license. Home occupations shall pay a first-year license tax of $50.00 in addition to any gross receipts tax due and payable upon renewal, transfer, or expiration of the business license. Any business for which a previous business license has been issued and which has not been renewed within six months of expiration shall pay a license tax based on a first year license tax. Thereafter, the tax upon every transfer, expiration, and renewal of the business license shall be based on the gross receipts of the business for the immediately preceding year for which the business license was issued. The business license tax is due and payable at the time the first application for a license is filed, upon the application for the transfer of a license, at the time an application is filed for the renewal of the license, or within ten calendar days of the business license expiration,whichever is earlier.Thereafter,each license shall be obtained annually by completing a notice of renewal and submitting the appropriate information and payment of any tax and fees due. Any application for renewal or transfer shall be accompanied by a sworn statement of the amount of gross receipts." SECTION 2. Subsection (1) of Section 18-691 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "(1) Group 1: Gross receipts during fiscal year of business between$0.00 -1- and $4,999.00 shall pay a tax of$50.00." SECTION 3. Section 18-693 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "Sec. 18-693. Contractors. Every person who is engaged in the business of general or building contractor, as licensed by the state as an engineering, general or subcontractor, shall pay a license tax in accordance with section 18-691, provided that tax shall be owing only on gross receipts from work performed within the city. The Gross Receipts Tax provided for in Section 18-691 shall be paid at the same time an application for any construction permit or work of improvement permit is applied for. Where work is performed not requiring a permit, or performed as a subcontractor under permit(s) obtained by another, the Gross Receipts Tax shall be paid upon application, renewal, transfer, or expiration of the business license. For purposes of this section, the Gross Receipts shall be based upon a signed affidavit provided by the Business License Division. Where subsequent evidence reveals that the Gross Receipts are greater than reported, a penalty as set forth in section 18-28 shall be applied to all gross receipts under reported from the date the tax was due." SECTION 4. The City Council may amend Chapter 18 of the Azusa Municipal Code and this Ordinance of the Azusa Municipal Code without a vote of the people to the extent necessary to implement the procedures for collection of the tax. SECTION 5. This Ordinance, being for the enactment and imposition of a general tax, shall be submitted to a vote of the people at the City's general municipal election scheduled for March 6, 2001. This ordinance shall become valid and binding if a majority of the voters voting thereon vote in its favor at said election. If the provisions of Proposition 218 or Government Code Sections 53720 et seq., are duly repealed or amended, or interpreted by the courts so that a vote of the people is not required for enactment of this Ordinance, then this Ordinance shall take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances. SECTION 6. If any section, subsection, part, clause, sentence or phrase of this Ordinance, the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Ordinance, the application thereof, and the general taxes imposed shall not be effected thereby but shall remain in full force and effect, it being the intention of the voters to adopt each and every section, subsection, part, clause, sentence phrase regardless of -2- whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. SECTION 7. This Ordinance and the levying of the general taxes described herein shall be effective ten (10) days after the date on which the City Council has declared that the voters of the City of Azusa have approved this Ordinance by a vote of more than 50% of the votes cast by the electors voting on the general tax set forth in this Ordinance. SECTION 8. The City Clerk shall certify the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED AND this day of , 2001. Cristina Cruz-Madrid Mayor ATTEST: City Clerk -3- ORDINANCE NO.0-2000-14 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTION 18-703 AND SECTION 18-6 OF THE AZUSA MUNICIPAL CODE CONCERNING A LICENSE TAX FOR RENTAL OF APARTMENTS, ROOMINGHOUSES, SINGLE AND MULTIFAMILY DWELLING UNITS THE PEOPLE OF THE CITY OF AZUSA, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. Section 18-703 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: Sec. 18-703. Rental of Apartments, roominghouses, individual homes. Every person engaged in the business of renting or operating rental units such as any apartment house, house court, bungalow court, boardinghouse, rooming house, lodging house, individual home, duplex or triplex whether attached or detached, or other accommodations for dwelling, sleeping, housekeeping or lodging in any place located within the city, regardless of whether the rental is at one location or at various locations, shall pay a license tax of$120.00 per year for each apartment unit, house, dwelling unit, bungalow, mobilehome, or other rented housing within a rooming or lodging house rented or occupied by a person or persons other than the property owner(s) as evidenced by a grant deed of trust; provided, however, that every person engaged in the business of renting or operating only three or fewer of such rental units shall pay a license tax computed on gross rental receipts from those properties as follows: Under $5,000 per year $50.00 $5,000 - $10,000 per year $50.00 plus $1.50 per $1,000 $10,000 - $20,000 per $60.00 plus $2.50 per year $1,000 $20,000 and over $70.00 plus $3.50 per $1,000 -1- SECTION 2. Section 18-6 of the Azusa Municipal Code is hereby amended to add the following language to the end of the first sentence of this section to provide for an annual consumer price index increase on the taxation on the rental of four or more units: "and the flat rate business license tax on the rental of four or more units, pursuant to Section 18-703 shall also be increased annually, commencing on January 1, 2002. SECTION 3. The City Council may amend Chapter 18 of the Azusa Municipal Code and this Ordinance amending Section 18-703 of the Azusa Municipal Code without a vote of the people to the extent necessary to implement the procedures for collection of the tax. SECTION 4. This Ordinance, being for the enactment and imposition of a general tax, shall be submitted to a vote of the people at the City's general muncipal election scheduled for March 6, 2001. This ordinance shall become valid and binding if a majority of the voters voting thereon vote in its favor at said election. If the provisions of Proposition 218 or Government Code Sections 53720 et seq., are duly repealed or amended, or interpreted by a court so that a vote of the people is not required for enactment of this Ordinance, then this Ordinance shall take effect as provided for all other City ordinances and may be amended in the same manner as all other City ordinances. SECTION 5. If any section, subsection, part, clause, sentence or phrase of this Ordinance, the application thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, the validity of the remaining portions of this Ordinance, the application thereof, and the general taxes imposed shall not be effected thereby but shall remain in full force and effect, it being the intention of the voters to adopt each and every section, subsection, part, clause, sentence phrase regardless of whether any other section, subsection, part, clause, sentence or phrase or the application thereof is held to be invalid or unconstitutional. SECTION 6. This Ordinance and the levying of the general taxes described herein shall be effective ten (10) days after the date on which the City Council has declared that the voters of the City of Azusa have approved this Ordinance by a vote of more than 50% of the votes cast by the electors voting on the general tax set forth in this Ordinance. SECTION 7. The City Clerk shall certify the adoption of this Ordinance and shall cause it to be published in the manner required by law. PASSED, APPROVED AND this day of , 2001. -2- Cristina Cruz-Madrid Mayor ATTEST: City Clerk -3- CITY CLERK Page Two