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Essential City Services Measure
City of Stockton
Ordinance - Majority Approval Required
Pass: 14939 / 51.86% Yes votes ...... 13869 / 48.14% No votes
Index of all Measures
Results as of Nov 15 3:23pm, 100.0% of Precincts Reporting (86/86)|
24.01% Voter Turnout
|Information shown below: Impartial Analysis | Arguments | Full Text|
To pay for law enforcement and crime prevention services such as those described in Stockton's Marshall Plan on Crime, to help end the bankruptcy and restore other City services, and provided it shall sunset in ten years or when economic recovery occurs, a Citizen's Oversight Committee reports on the use of proceeds, and independent audits are done annually; shall Ordinance 2013-07-09-1601 be adopted to impose a 3/4-cent transaction and use (sales) tax?
The proposed transactions and use (sales) tax is a general tax because the City can use the tax revenue for any legal municipal purpose. As explained in the ballot question, the City may use the tax revenue for public safety services (including "Stockton's Marshall Plan on Crime"), parks maintenance, library services, roadway and street-tree maintenance, and other governmental purposes, including payment of lawful debts.
If adopted, the City Council or the voters may subsequently reduce or repeal the tax. Also, the tax would expire by its own terms in ten years, unless extended by the City Council. To extend the tax beyond the initial ten-year term, the City Council would be required to hold two publicly noticed meetings at least 14 days apart and adopt findings based on evidence that the revenues provided by the taxes continue to be necessary and the total compensation paid to City employees is not excessive when compared to other similarly situated public-sector employers.
The tax would also be subject to potential review, and the City Council could reduce or eliminate the tax based upon the City's economic recovery.
The expenditure of the tax revenue generated would be subject to the oversight of a committee of citizens appointed by the City Council. This committee would meet at least annually, provide recommendations and a report to the City Council regarding the expenditure of the tax proceeds, and provide oversight regarding any findings the City Council may make in furtherance of any extension of the term of the tax and the City's economic recovery.
The tax revenue and its expenditure would be audited annually by an independent accounting firm. The audit report would then be posted on the City's website and made available to the public and discussed at a meeting of the City Council that is open to the public.
John M. Luebberke, City Attorney
|Arguments For Measure A||Arguments Against Measure A|
|Measure A is an important step on Stockton's road to recover. The biggest obstacles facing Stockton are bankruptcy and crime. Measure A will fund our bankruptcy exit plan so we can attract employers that will invest in Stockton and create jobs. It will also fund our new "Marshall Plan on Crime," which was developed by community leaders.
Transparency and accountability are crucial elements of Measure A, including separate accounting and independent audits. A Citizens; Oversight Committee will review all budgets and expenses to ensure money is used appropriately and make certain progress is being made toward hiring 120 police officers, violence reduction, prevention, and neighborhood improvement programs.
This three-quarter cent sales tax will end if the City's revenues return to 2009 levels, adjusted for inflation, or after 10 years, unless the City Council holds 2 public hearings; develops evidence the tax is still necessary and used for the priorities established in this Measure; and justifies to you and me that City employees are not receiving excessive pay and benefits.
Stockton is a reformed city, with new leadership. In 3 years, the City has reduced its general fund budget by $51 million annually. Employee compensation is significantly reduced; free medical insurance for City retirees is eliminated, and outstanding lawsuits are resolved. We have reached agreements with most of our creditors and are in the process of restructuring our debt through bankruptcy.
A YES vote means you want Stockton to exit bankruptcy, add more police officers, prevent crime, and restore our City for a sustainable future.
A NO vote means that you will endure severe reductions to services needed to sustain our City, including massive cuts to the Fire Department, libraries, recreation, youth programs, parks and streets maintenance and support for all City functions.
Please vote YES on A.
/s/ Elbert H. Holman, Jr. Councilmember, Dist. 1
/s/ Michael D. Tubbs, Councilmember, Dist. 6
/s/ Jose Rodriguez, CEO Director El Concilio
/s/ Gene Gini, CEO Collins Electric
/s/ Jane Butterfield, CEO Community Bank of San Joaquin
Nothing in Measure A requires that this tax be spent on Police.
This is a general tax that, if passed, can be spent on anything the City Council decides. Even if you believe this City Council's promises, they can do nothing that restricts future City Councils.
There are no guarantees in Measure A.
Taxpayers in Stockton will pay the highest Sales Tax in California. The City already taxes us on Cable TV, Electricity, Gas, Phone and Water services. If the City Council really wanted to attract new jobs, they'd eliminate or reduce these job killing taxes.
City Hall is addicted to spending Like the drug abuser looking for the next fix, this tax simply feeds the addiction. City bureaucrats rushed Measure A to a Special Election, wasting nearly $1 million dollars on election costs when there are two general elections next year. Shameful.
Like Chicken Little, the City wants you to believe you have no alternative but to pass this tax. They say Police will be cut, libraries closed, youth programs will suffer. The sky is falling!
There is an alternative. Vote NO on this fraudulent tax and its phony spending plan. Force the City to draft a new plan for the June 2014 election with real guarantees that we can depend on.
Don't give City bureaucrats a $280 million dollars blank check. Visit http://www.sjtax.org for more information.
No on A.
/s/ David L. Renison, President San Joaquin County Taxpayers Association
/s/ W. Ronald Coale, Board Member San Joaquin County Taxpayers Association
/s/ Gary Malloy, Board Member San Joaquin County Taxpayers Associatiion
/s/ Nancy L. Cochran, Board Member San Joaquin County Taxpayers Association
/s/ Ashley Rodriguez, Board Member San Joaquin County Taxpayers Association
|Vote No on Measure A. Why trust them this time?
This $28 million a year general tax increase is a blank check to the Stockton City Council. It does not allow the City to exit bankruptcy, will not increase police officer staffing, but will, however, be swallowed up by escalating employee pension costs. Stockton will have the highest sales tax rate in California. It will never expire and never again require your approval.
The City Council is rushing this measure to the November ballot without a court-approved spending plan. Measure A will not generate enough to resolve the City's bankruptcy shortfall because they have refused to reform the massive $1.1 billion employee pension liability that continues to grow at a compounded rate.
Because pension costs are cascading out of control, most funds generated by this tax increase will be spent on pension liability - not police officers.
Without legally-binding taxpayer protections, the rest of this tax windfall will likely be spent on no-essential pay raises and restaurant or marina subsidies. All are permissible under Measure A. The City Council even gets to appoint their own oversight committee. It refused a restricted tax where the money was strictly dedicated to hiring more police officers because they know this is not its real purpose.
Each time the voters trusted the City Council to spend new taxes on police we were betrayed. The 1990'[s utility tax increase and the Measure W sales tax increase both promised more police officers - but today we have even fewer than then. We did our part, they didn't do theirs.
This blank check for additional spending is exactly the type of poor financial decision that led to bankruptcy in the first place.
Vote No on Measure A. They can't be trusted.
/s/ Dean Andal, Businessman
/s/ Dale Fritchen, Child Protective Services
/s/ Ted Bestolarides, Certified Public Accountant
Here are the documents facts:
Over the last three years, your City Council has cut budgets by $90 million, reduced employee compensation up to 23 percent, reduced retirement benefits by 30 percent for those with higher pensions and attacked "pension spiking." Current and future employees will see 30-70 percent reductions in future retirement benefits. So far, we are saving Stockton taxpayers over $2 billion into the future. We are also negotiating hard with Wall Street to give us relief on a crushing debt load.
With Measure A, Stockton will have the same sales tax rate as 125 California cities and 18 will have a higher rate.
Contrary to what the opponents say, Measure A proceeds will not be "consumed by pensions," and we do not have a "$1.1 billion pension liability." We have reformed retirement programs.
The proceeds will fund the City's Marshall Plan to combat violence and reduce crime, adding 120 police officers on the street. It will also put the City on solid financial footing and remove the burden of bankruptcy so Stockton can attract businesses and jobs.
Without Measure A, we cannot improve public safety and end bankruptcy, and crushing additional public service reductions will be required to balance future budgets.
The momentum is turning for your City. Move Stockton forward. Vote YES on A.
/s/ Paul Canepa, Vice Mayor, Dist.3
/s/ Katherine M. Miller, Councilmember, Dist. 2
/s/ Elbert H. Holman, Jr., Councilmember, Dist. 1
/s/ Moses Zapien, Councilmember, Dist. 4
/s/ Dyane Burgos, Councilmember, Dist. 5
|Full Text of Measure A|
ORDINANCE NO. 2013-07-09-1601
AN ORDINANCE OF THE CITY OF STOCKTON ENACTING A GENERAL TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION, UPON ADOPTION BY THE VOTERS
The people of the City of Stockton do ordain as follows:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Board of Equalization, State Treasury, or the Constitution of the State of California;
2. The result of the substitution would require action to be taken by or against the City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, 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 the tax in this Ordinance with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from the 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, se or other consumption of tangible personal property which would not be subject to tax by the State under the same 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.
Section 10. 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.
Section 11. 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 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 sales 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 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 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 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 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 subparagraqph (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, 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.