2010/06/08 City Council Ordinance 821
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
) ss
County of Sonoma )
Terri Griffin, under penalty of perjury, deposes and says:
That she is, and during all times herein mentioned was, the duly acting and qualified Deputv
City Clerk of the City of Rohnert Park, Sonoma County, California; and that on the 14th
day of Julv. 2010, she posted as required by law full, true, and correct copies of
ORDINANCE NO. 821, "IMPOSING A TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE STATE BOARD OF EQUALIZATION" in five (5) public
places in said City, to wit:
www.rpcitv.on! for website posting
City Hall
130 Avram Avenue
Public Safety Department
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Library
6250 Lynne Conde Way
/J.a4 d~
Deputy City Clerk
Subscribed and sworn to before me
this 14th day of July, 2010.
M:\Ordinances\Ordinances 201O\Affidavits ofPosting\Affidavit of Posting 821.doc
ORDINANCE NO. 821
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, IMPOSING A
TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF
EQUALIZATION
WHEREAS, the City is experiencing an existing and immediate funding crisis, which is the result
of factors largely outside of its control, including national economic trends, rapid increases in the
cost of employee retirement and health insurance benefits, decreases in revenue from existing taxes
and fees, increases in charges by the County of Sonoma, and unpredictable State takeaways of local
revenue.
WHEREAS, the City has taken significant steps to reduce its operational costs including: cutting
service positions, including public safety officers, negotiated salary reductions with all staff
members, and implemented cost saving and efficiencies by consolidating services and eliminating
unnecessary overhead.
WHEREAS, because of changes in State law, particularly the approval of Propositions 62 and 218,
the City has very few means available for increasing General Fund revenue.
WHEREAS, absent a new source of General Fund revenue, the City's ability to maintain staff and
service levels is uncertain. Despite the budget cuts made by the City, and the significant reduction
in the number of City service providers and employees, the City still faces a severe budget deficit of
close to $6 million annually with currently only $6 million left in emergency reserves.
WHEREAS, unless staff and service levels are at least partially restored, public facilities and
property will not be properly maintained, public safety standards will degrade, crime and violence
will increase, the community will not have adequate and safe recreational opportunities, businesses
and families will be discouraged from moving to or remaining in Rohnert Park, and the health,
safety, and welfare of the residents of Rohnert Park will be endangered.
WHEREAS,. because of that threat to the public health,.safety, and welfare, an emergency exists in
the City, as the term "emergency" is used in Article XIIIC, section 2(b) of the California
Constitution. The City must immediately address that emergency by ensuring that the City has the
resources necessary to preserve the public health, safety, and welfare.
WHEREAS, the identified emergency necessitates that the City Council submit a an essential
services temporary funding measure to the voters of Rohnert Park at the June 8, 2010 election, even
though such an election would not be consolidated with a general election for a member of the
Council.
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WHEREAS, article XIIIC, section 2(b) of the California Constitution permits the City, in an
emergency situation declared by a unanimous vote of the Council, to seek voter approval for a
general tax at an election that is not consolidated with an election for a member of the Council.
NOW, THEREFORE, the City of Rohnert Park does hereby ordain as follows:
SECTION 1: "Chapter 3.21 Transactions and Use Tax" shall be added to the Rohnert Park
Municipal Code and shall read as follows:
"Chapter 3.21 TRANSACTIONS AND USE TAX"
Sections:
3.21.010 Short Title
3.21.020 Operative Date
3.21.030 Purpose
3.21.040 Contract with State
3.21.050 Transactions Tax Rate
3.21.060 Place of Sale
3.21.070 Use Tax Rate
3.21.080 Adoption of Provisions of State Law
3.21.090 Limitations on Adoption of State Law and Collection of Use Taxes
3.21.100 Permit Not Required
3.21.110 Exemptions and Exclusions
3.21.120 Amendments
3.21.130 Enjoining Collection Forbidden
3.21.140 Annual Audit and Public Report
3.21.150 Termination Date
3.21.0.10
Short Title
This ordinance shall be known as the City of Rohnert Park Transactions and Use Tax Ordinance.
The City of Rohnert Park hereinafter shall be called "City." This ordinance shall be applicable in the
incorporated territory of the City.
3.21.020 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.
3.21.030 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 insofar as those provisions are not
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inconsistent with the requirements and limitations .contained in Part 1.6 of Division 2 of the
Revenue and Taxation Code.
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 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 State Board of Equalization 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.
3.21.040 Contract with State
Prior to the operative date, the City shall contract with the State Board of Equalization 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 State Board of Equalization 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.
3.21.050 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 .5% 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.
3.21.060 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 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 consummated shall be determined under rules and regulations to be
prescribed and adopted by the State Board of Equalization.
3.21.070 Use Tax Rate
An excise 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 .5% of the sales price ofthe
property. The sales price shall include delivery charges when such charges are subject to state sales
or use tax regardless ofthe place to which delivery is made.
3.21.080 Adoption of Provisions of State Law
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the
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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.
3.21.090 Limitations on Adoption of State Law and Collection of Use Taxes
In adopting the provisions of Part 1 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 therefore. However, the substitution shall not be made when:
1. The word "State" is used as a part ofthe 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 ofthat 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
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 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 sales, storage, use or other
consumption oftangible 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.
3.21.100 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.
3.21.110 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-Bums Uniform Local Sales and Use Tax Law or the amount of any
state-administered transactions or use tax.
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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.
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. F or 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
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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 ofthe 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) ofthe 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 thattaxany
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.
3.21.120 Amendments
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the
Revenue and Taxation Code 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.
The foregoing amendments shall not require voter approval.
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The following amendments to this ordinance must be approved by the voters of the City
of Rohnert Park: increasing the tax rate or revising the methodology for calculating the tax such
that a tax increase would result; imposing the tax on transactions and uses not previously
subject to the tax (unless such amendment occurs automatically by operation of the
preceding paragraph); or extending the tax beyond the fifth anniversary of the operative
date. The City Council may otherwise amend this ordinance without submitting the
amendment to the voters for approval.
3.21.130 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.
3.21.140 Annual Audit and Public Report
Annually the City Council retains an independent auditor to conduct an audit of and provide audited
financial statements for all of the City's financial activities. The auditor shall include an accounting
of the revenue received from the tax and expenditures thereof in the audited financial statements.
The auditor's report shall be presented to the Council and made available to the public.
Additionally, the Director of Administrative Services shall annually prepare and present to the
Council and the public a report in conjunction with the audit that reviews the status and
performance of the programs and services funded wholly or partially with proceeds of the tax.
3.21.150 Termination Date
The authority to levy the tax imposed by this ordinance shall expire on the fifth anniversary ofthe
operative date, unless extended by a maj ority vote of the voters of the City.
SECTION 2: SEVERABILITY. The City Council hereby declares that every section, paragraph,
sentence, clause, and phrase of this ordinance is severable. If any section, paragraph, sentence,
clause, or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining
sections, paragraphs, sentences, clauses, or phrases.
SECTION 3: EFFECTIVE DATE. This ordinance relating to the levying and collection of the
City transactions and use taxes and shall take effect immediately.
SECTION 4: PUBLICATION. The Clerk of the City of Rohnert Park is hereby directed to cause
the following summary of the ordinance to be published by a newspaper of general circulation,
published and circulated in the City of Rohnert Park:
Contingent upon majority voter approval, this ordinance adopts a one-half cent (0.5%)
transactions and use tax on the sale or consumption of tangible personal property within the
City of Rohnert Park. The tax shall terminate automatically upon the fifth anniversary of the
State beginning to collect it, unless extended by the voters.
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This ordinance was approved and adopted in accordance with state law by a unanimous vote of the
City Council on February 23,2010 and approved and adopted by a majority vote of the qualified
voters of the City of Rohnert Park on June 8, 2010.
AYES:
NOES:
ABSENT:
ABSTAIN:
Five (5) Council Members Belforte, Breeze, Callinan, Mackenzie and Mayor Stafford
None (0)
None (0)
None (0)
CITY OF ROHNERT PARK
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Mayor - -\)t5- -.
APPROVED AS TO FORM:
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Cit#ttorney
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