presents
Voter’s Edge California
Conozca la información antes de votar.
Presentado por
MapLight
League of Women Voters of California Education Fund
ACLU of CA@SDACLU
November 6, 2018 — Elección General de California
Local

City of Oroville
Measure U - Majority Approval Required

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Resultados electorales

Se aprueba

2,563 votos si (56.42%)

1,980 votos no (43.58%)

100% de distritos activos (14/14).

4,724 boletas electorales serán contadas.

To prevent cuts and restore essential public safety services, including 911 response, police officers, gang/youth violence prevention, fire protection / emergency medical response, and other essential services including street repairs, youth/senior services and park maintenance, shall the City enact a one cent sales tax providing approximately three million seven hundred thousand dollars annually with all venue required to stay in the general fund, with local control and independent annual financial audits and citizen oversight?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Análisis del analista legislativo / Proposal

Oroville City Attorney

NOTICE IS HEREBY GIVEN that the following impartial analysis of Measure U was prepared by the office of the Oroville City Attorney:

Voter approval of this measure would amend the Oroville Municipal Code by adding a transactions and use (sales) tax on the sale and/or use of all tangible personal property sold at retail in the City at the rate of one cent for every dollar spent (or one percent). The tax would remain in place until repealed by the voters.

All revenue generated from the measure would be deposited in the City's General Fund, and all revenue collected from the measure would be used by the City to pay for general City operations and services, including police protection, fire suppression, vehicle repair and maintenance, finance department analyst and human resources services. This ballot measure proposes a "general purpose tax" which requires a majority vote of the electorate for approval. The City Finance Director estimates that, if passed, the measure would generate approximately $3.7 million per year.

The measure requires that a Citizens Oversight committee be established to make recommendations on the priority of expenditures of the funds and to review the use of the funds by the City. The measure further requires quarterly and annual reporting of expenditures to the public through the City's website for transparency.

The proposed tax would be administered by the California Department of Tax and Fee Administration (CDTFA), in the same manner that sales tax is currently administered, to reduce the cost of collecting the tax and to minimize the burden of record-keeping upon retailers subject to the tax. If approved, collection of the tax would begin on April 1, 2019.

A "yes" vote is a vote in favor of authorizing the transactions and use tax. A "no" vote is a vote against authorizing the transactions and use tax.

Scott E. Huber

Oroville City Attorney

"The above statement is an impartial analysis of Measure U. If you desire a copy of the measure, please contact the City Clerk's Office cityclerk@cityoforoville.orq or at (530) 538-2535 and a copy will be mailed or emailed at no cost to you."

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

 

Measure U will prevent cuts to Oroville's police and fire departments and restore vital public safety services.

Measure U allows Oroville to repair its deteriorating streets, roads and sidewalks.

 

As residents, we care about public safety and enhancing the quality of life in Oroville. That's why we are voting YES on U. YES on U ensures Oroville will add more police officers on neighborhood patrols and strengthen crime prevention and gang suppression programs.

Measure U will allow Oroville to maintain rapid 911 emergency response times neighborhood patrols.

 

The City of Oroville has a backlog of million dollars' worth of street maintenance and road repair projects. YES, on U improves the quality of life in Oroville by maintaining our streets that are in need of over $18 million in repairs, fixing potholes, and preventing our roads from falling into further disrepair.

For the last several years, the City of Oroville's crime rates have risen. Measure U is needed to lower crime rates and make Oroville a safe place to live, run a business, and raise a family.

Measure U has built-in Taxpayer safeguards - including an Independent Citizens Oversight Committee —to ensure Measure U is used wisely. All funds from Measure U must be spent locally. By law, there must be Annual

Fiscal Audits. Not one penny of Measure U can be used for administrators' salaries.

Measure U ensures accountability and transparency to Oroville's taxpayers.

ALL funds generated by Measure U must be used locally. No funds can be taken by Sacramento.

Measure U is a small price to pay to maintain essential services like police, fire, emergency response, street repairs, libraries, and youth and senior programs

Please join Oroville's community, business leaders and neighborhood leaders, including Oroville's Police Officer and Fire Fighter Associations, in supporting YES on Measure U.

s/ Fire/Police Chief Bill LaGrone
Oroville Fire/Police Department

s/ Robert Wentz, CEO
Oroville Hospital

s/ John Starr, Owner
Better Builders Construction Inc.

s/ Officer Breck Wright
Oroville Police Department

s/Ruth Wright, Certified Public Accountant
Finance Director City of Oroville

 

— City of Oroville Administration

Argumento EN CONTRA

 

The actions of the '17-'18 Oroville City Council led the Grand Jury to name their report, "Oroville: A City In Turmoil." Some language from the report: "unusually high level of dysfunction...disarray and confusion... distrust...accusations of collusion and unethical or illegal behavior were leveled against each other" should make it very difficult for our city government to persuade voters to willingly impose higher taxes upon themselves.

ACTIONS OF CITY COUNCIL '17

10/3/17: Council approved by a vote of 6 to 1, authorization of a full year's funding for themselves to attend conferences. Prior to that vote, funding for some conferences had been denied. That decision, to approve taxpayers dollars for their own trips, came after city employees agreed to accept a 10% pay-cut to help balance the budget.

12/19/17: Jamboree Housing Project was on the agenda. Concerned citizens spoke against more Low Income Housing. City Council assured the concerned citizens that the Jamboree Housing Project would reserve 44% of it's units for tenants of "above moderate income." Jamboree Housing's unit mix states "100% of units are set aside for Low Income households or below, no units are restricted to households at moderate income or above."

ACTIONS OF CITY COUNCIL '18

2/20/18: Congressman Doug LaMalfa warned Oroville City Council that violation of federal law (cannabis) could jeopardize funding for 9 programs and projects. Five decided to violate federal law.

7/10/18: Ignoring the advice of the highly compensated city attorney, the same five voted, illegally, to censure the mayor. Later, they decided to repeal their mistake, and censure the mayor legally.

DECISION

California requires voter approval for raising existing taxes or imposing new taxes. Ask yourself, "Should I trust these people with more of my dollars?"

s/ Steve Christensen

 

 

 

— City of Oroville Administration

Refutación al argumento A FAVOR

The five good citizens who signed the ARGUMENT IN FAVOR OF MEASURE U have earned the high respect that hard working, capable people deserve. However, they have no control over how the proceeds from Measure U can be used. Municipal Code 3.18.010 prohibits general fund revenues to be restricted for "specific purposes." Nothing can be ensured. Unfortunately, the city council is allowed to spend every dollar however they choose. Fortunately, we, the voters, are empowered to choose whether or not to trust them with more tax dollars.

Previous actions of our city council have led to distrust, fostering opposition to higher taxes.

We elect citizens to research issues and make decisions. Twice this year our council decided to hire outsiders to do their job for them. It would be OK if they'd used their own money to pay others to do their work. Instead, they spent $79,000 of OUR money.

$40,000 went to the sales tax consultant who wrote Measure U. He recommended a temporary 1% sales tax increase with a six year sunset clause, and a nine member oversight committee. These were the same things that the failed Measure R tried for two years ago. The consultant could have earned $10,000 per word by simply stating "TRY AGAIN, NO CHANGES." This year, council decided to eliminate the sunset clause, somehow believing the voters might be more receptive to a permanent tax raise.

Please, ask yourself, again, "Should I trust these people with more of my dollars?"

s/ Steve Christensen

— City of Oroville Administration

Refutación al argumento EN CONTRA

Measure U will prevent the City of Oroville from making more cuts to its police and fire departments. Vital services will be restored. Oroville's deteriorating streets, roads and sidewalks will be repaired.

That's why Measure U  is so important to Oroville's neighborhoods and families.

The Butte County Grand Jury recently issued a report which found Oroville's drastic staffing cuts taken have reduced City staff - Police and Fire - to a "skeleton" crew.

The Grand Jury found that fewer police officers in Oroville resulted in a higher crime rate.

The Grand Jury found that all of the Oroville City Council members were deeply committed to making Oroville a better place.

Finally, the Butte County Grand Jury urged the City Council to place Measure U on the  ballot.

A large, diverse group of Oroville residents have come together to support Measure U.

YES on U ensures Oroville will add more police officers on neighborhood patrols and strengthen crime prevention and gang suppression programs.

Measure U will allow Oroville to maintain rapid 911 emergency response times neighborhood patrols.

Measure U has built-in Taxpayer safeguards - including an Independent Citizens Oversight Committee - to ensure Measure U is used wisely. All funds from Measure U must be spent locally. By law, there must be Annual Fiscal Audits. Not one penny of Measure U can be used for administrators' salaries.

Please join Oroville's community. business leaders and neighborhood leaders, including Oroville's Police Officer and Fire Fighter Associations, in supporting YES on Measure U

s/ Bill LaGrone, Public Safety Director

s/ Breck Wright, Oroville Police Officer Association

s/ Chris Tenns, Oroville Fire Fighter Association

s/ Steve Chioini, Oroville City Employee Association

s/ Amy Bergstrand, Oroville Confidential Managers Association

— City of Oroville Administration

Leer la legislación propuesta

Legislación propuesta

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING
AND ADDING CHAPTER 3.18 TO THE OROVILLE MUNICIPAL CODE REGARDING
A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION (CDTFA)

The People of the City of Oroville, State of California do ordain as follows:

SECTION 1: Chapter 3.18 is hereby added to the Oroville Municipal Code to read as follows:

CHAPTER 3.18

Transactions and Use Tax

Sections:

3.18.010      Title and General Purpose Tax

3.18.020      Operative Date

3.18.030      Purpose

3.18.040      Contract with State

3.18.050      Transaction Tax Rate

3.18,060      Place of Sale

3.18.070      Use Tax Rate

3.18.075      Citizens Oversight Committee

3.18.080      Adoption of Provisions of State Law

3.18.090      Limitations on Adoption of State Law and Collection of Use Taxes

3.18.100      Permit Not Required

3.18.110      Exemptions and Exclusions

3.18.120      Amendments

3.18.130      Enjoining Collection Prohibited

3.18.010      Title and General Purpose Tax

This ordinance shall be known as the Transactions and Use Tax Ordinance. The City of Oroville hereinafter shall be called "City". This ordinance shall be applicable in the incorporated area of the City. The Transactions and Use Tax is a general tax enacted solely for unrestricted general revenue purposes for the City and not for specific purposes. All the proceeds from the tax imposed by this Chapter shall be placed in the City's general fund and can be used for unrestricted general revenue purposes.

3.18.020      Operative Date

"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.

     3.18.030  Purpose

This ordinance is adopted to achieve the following, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A.           To maintain and preserve City of Oroville public services, including police protection, fire suppression, vehicle repair and maintenance, finance analyst and human resources services with the City.

B.           To impose a retail transactions and use tax in accordance with the provision 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 cf the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

C.           To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of division 2 of the Revenue and Taxation Code.

D.           To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

E.           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.

     3.18.040  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 case the operative date shall be the first day of the first calendar quarter following the execution of such contract.

     3.18.050  Transactions Rate Tax

For the privilege of selling tangible personal property at retail a tax is hereby imposed upon all retailers in the incorporated area of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said area.

3.18.060       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 /her or its 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 of California or has more than one place of business the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

3.18.070       Use Tax Rate

A complementary tax is hereby imposed on the storage, use, or other consumption in the incorporated area of the City on tangible personal property purchased from any retailer after the operative date of this ordinance for stcrage, use, or other consumption in such area at the rate of one percent (1%) 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.

3.18.075       Citizens Oversight Committee

A.             The City Council shall establish and appoint a Citizens Oversight Committee.

B.             The Citizens Oversight Committee shall consist of a nine-member board of residents and/or business owners and two elected City Council members of the City of Oroville.

C.             The purpose of the Citizens Oversight Committee shall be to meet with the City's Department Heads during the preparation of each fiscal year budget until the ordinance sunsets, to make recommendations to the City Council regarding how the proceeds from the implementation of the ordinance will be allocated for the ensuing budget year. The committee shall make recommendations to he Council to provide for local public services, including but not limited to police protection, fire suppression, vehicle repair and maintenance, finance analyst and human resources services that will improve the quality of life for residents and businesses within the City of Oroville. The committee shall meet at least quarterly during the fiscal year to ensure that the revenue generated by the ordinance is allocated and disbursed in accordance with the City budget. All quarterly and annual budget reports from the committee shall be published on the City of Oroville website prior to Council adoption of the budget and will be available for public review.

3.18.080       Adoption of 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.

3.18.090       Limitations of Adoption of State Law and Collection of Use Taxes In adopting the provisions of Part 1 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, Victim Compensation and Government Control Board, State board of Equalization, State Treasury or the Constitution of the State of California;

2.        The result of that substitution would require action to be taken by or against this City or any agency, officer or employee thereof rather than by or against the 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 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 saes, storage use or other consumption of tangible personal property which would not be subject to tax by the state under the 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 "retainer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

3.18.100       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 transaction's permit shall not be required by this ordinance.

3.18.110       Exemptions and Exclusions

A.      There shall be excluded from the measure of the transactions tax and the use tax in 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 shall be 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.

2.        Sales of property to be used outside the City which is shipped to a point outside City pursuant to the contract of sale by delivery to such point by the retailer or his/her or its agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purpose of this paragraph, delivery to a point 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 Chapter 2 of Division 3.5 commencing with Section 9840) if 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 a continuing sale of such property for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of the ordinance.

5.        For the purposes of subsections (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 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 purchase 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 any amount fixed by a lease prior to the operative date of this ordnance.

5.            For the purposes of subsections (3) and (4) of this sub-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 in the City of 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 Chapter 2 of 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.

D.      Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to part 1.6 of Division 2 of the Revenue and Taxation code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

     3.18.130  Amendments

All amendments subsequent to the effective date of the ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not consistent 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.

     3.18.140  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.

SECTION 2. SEVERABLILITY. If any section, subsection, sentence, clause, phrase portion of the application thereof to any person or circumstance of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate distinct and independent provision of such ordinance and shall not affect the validity of the remaining portions thereof.

SECTION 3. CEQA COMPLIANCE. The City Council finds and determines that the enactment of this Ordinance is not a "project' as that term is used in the California Environmental Quality Act ("CEQA;" Cal Pub. Resources Code Section 21000 et seq.) or the State CEQA Guidelines (Cal.Code of Regs. Title 14, Section 15000 et seq.) Therefore no environmental assessment is required or necessary.

SECTION 4. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon its approval by voters of the City.

SECTION 5. TERMINATION DATE. The tax levied by this ordinance shall continue at the rate of 1% beginning April 01, 2019. The authority to levy the tax imposed by this ordinance shall not only expire unless action is initiated and approved by the voters of the City of Oroville to repeal the tax.

SECTION 6. DECLARATION. The proceeds of the taxes imposed by this ordinance may be used for any lawful purpose of the City, as authorized by ordinance, resolution or action of the City Council. These taxes are rot special taxes within the meaning of Section 1(d) of Article XIIIC of the California Constitution, but are general taxes imposed for general government purposes.

SECTION 7. EXECUTION. The Mayor and City Council are authorized to subscribe this ordinance where indicated below to evidence its approval by the voters of the City.

INTRODUCED by the Oroville City Council of the City of Oroville, County of Butte, State of California, on this 10th day of July, 2018, by the following two-thirds vote:

Ayes: Council Members Jack Berry, Marlene Del Rosario, Linda Draper, Art Hatley, Scott Thomson, Vice Mayor Goodson and Mayor Linda Dahlmeier.

Noes: None.

Abstain:       None.

Absent:        None.

APPROVED AS TO FORM:

s/ Linda L. Dahlmeier, Mayor

s/ Joanna Gutierrez, Acting City Clerk

 

 

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