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November 6, 2018 — Elección General de California
Local

City of King City
Measure K Ordinance - Majority Approval Required

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Resultados electorales

Passing

859 votos si (56.03%)

674 votos no (43.97%)

To Increase and Extend the Transaction and Use Tax
— undefined

Shall the measure increasing the City of King's current one-half percent sales tax to one percent to generate an estimated increase of $800,000 annually for general city expenses, such as public safety and other essential services, street repairs, economic development efforts, and improving the City's overall financial solvency subject to citizen oversight, an annual audit, and expiration of the tax in 10 years be adopted?

¿Qué es esta propuesta?

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

Un voto por el SÍ significa

A “Yes” vote is a vote to approve a 1% retail transactions and use tax for 10 years.  

 

Un voto por el NO significa

A “No” vote is a vote against a 1% retail transactions and use tax. 

 

Análisis del analista legislativo / Proposal

Monterey County Elections Dept.

The City of King Council has placed Measure K on the November 6, 2018 ballot to ask the City’s voters to approve an extension and  increase of its retail transactions and use tax from 0.5% to 1%, with the entire tax to expire in ten years on April 1, 2029.  The law allows cities to enact transaction and use taxes. 

Measure K is a general tax requiring a majority vote to pass and its proceeds will be deposited in the City’s general fund for unrestricted general government purposes as the City Council shall determine in its discretion, from time to time, including but not limited to public safety, essential services, street repairs, improving the city’s financial solvency and economic development efforts.  City staff estimates that Measure K will annually raise $800,000 for general revenue purposes.  

Specifically, Measure K places a transactions tax of 1% upon City retailers’ gross receipts from the retail sale of all tangible personal property sold within the City. The measure also places an excise tax upon the storage, use or other consumption in the City of tangible personal property purchased from any retailer for storage, use or other consumption within the City at a rate of 1% of the sales price of the property where “sales price” includes delivery charges subject to State sales or use tax, regardless of delivery destination for ten years.  Retailers collect both the transactions and the use tax at the same time of sale and remit the funds to the State Board of Equalization, which then remits those funds to the City. 

The current 8.25% “sales tax” levied in the City, which includes the sales tax of the State (7.5%), County (0.5%), special districts (1.25%) and current City (0.5%), will be increased to 8.75%.  If other jurisdictions increase their sales taxes, the total could be higher. 

Measure K requires an annual audit by the City’s independent auditor as part of the regular independent annual audit of the City’s general fund.  Measure K requires the City Council to establish an oversight committee, or use its budget committee to make recommendations to the Council on expenditures. 

The City Council may amend Measure K’s provisions in the future; however, the tax rate can only be increased by voter approval. 

A “YES” vote is a vote to approve a 1% retail transactions and use tax for 10 years.  A “NO” vote is a vote against a 1% retail transactions and use tax.  The transactions and use tax in Measure K would take effect only if it receives a majority “YES” vote at the November 6, 2018 general municipal election.   

The above statement is an impartial analysis of Measure K.  If you desire a copy of the ordinance, please call the City of King Clerk’s Office at (831) 386-5971 and a copy will be provided to you at no cost.  The ordinance is also available on the City’s website at http://www.kingcity.com. 

Dated: August 9, 2018 

/s/ Shannon Chaffin, City Attorney 

 

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

Your City Council urges you to vote YES on Measure K.  The City has made a lot of progress in the past couple years.  Crime is down, the General Fund debt has been reduced from $5 million to $2 million, streetsare being paved, and economic development efforts are improving the downtown and bringing new businesses and jobs to town.  However, there are still many needs to be addressed and these efforts have been primarily funded by one-time revenues, such as grants, sale of property and other measures.  Without these one-time funding sources, ongoing expenditures continue to exceed revenues.  Therefore, to maintain critical services and continue this progress, additional ongoing revenues are needed.  That is why the City Council voted unanimously to place Measure K on the ballot, which would increase the local sales tax by one-half percent.  

Currently, King City's sales tax is significantly lower than every other city in Monterey County except for one, which is also in the process of raising their tax.  Therefore, if Measure K passes, King City's sales tax will remain among the lowest in the County.  Sales tax is a cost effective way to fund City services because a large portion is paid by people from outside King City since businesses along Highway 101 are our largest sales tax producers.  In order to ensure accountability, the measure requires review by a community budget advisory committee and sunset of the tax in ten years.  

King City is heading in the right direction.  Let’s not turn back now.  Please help us establish long-term financial solvency, maintain essential services, and continue improvements to make King City a better place for everyone by voting YES on Measure K!

/s/ Michael LeBarre, Mayor

/s/ Carlos Victoria, Mayor Pro Tem

/s/ Robert Cullen, Council Member

/s/ Darlene Acosta, Council Member

/s/ Carlos Deleon, Council Member

 

— Monterey County Elections Dept.

Argumento EN CONTRA

No argument against Measure K was submitted.

— Monterey County Elections Dept.

Leer la legislación propuesta

Legislación propuesta

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF KING AMENDING CHAPTER 3.22 OF THE KING CITY MUNICIPAL CODE INCREASING AND EXTENDING THE TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KING AND THE VOTERS OF THE CITY OF KING, AS FOLLOWS:

SECTION 1. FINDINGS

A.        Pursuant to California Revenue and Taxation Code Sections 7285.9 and 7290, the City of King (the "City") has the authority to levy a Transactions and Use Tax for unrestricted general revenue purposes.

B.        A majority of the voters of the City approved a one-half of one percent (0.50%) Transactions and Use Tax at an election held in November 6, 2014, with a sunset date of October 1, 2021.

C.        The City's Transactions and Use Tax Ordinance is found in Chapter 3.22 of the King Municipal Code.

D.        Pursuant to Ordinance 706, adopted by the City Council on April 25, 2014 and the voters on November 4, 2014, the termination date of the Transactions and Use Tax is October 1, 2021.

E.        The Transaction and Use Tax was approved by the voters to assist in raising revenue to provide essential city services, including but not limited to public safety; street and sidewalk maintenance; pothole repair; parks and recreation programs and facilities; and many other essential city services.

F.         The City has desires to raise revenue in its effort pay off existing debt, maintain existing service levels, establish prudent reserves, maintain financial stability and meet critical needs in the community and grow in an efficient manner for its residents.

G.        An increase in the Transactions and Use Tax is desired in order to generate revenue to achieve the goals in subparagraph F, including but not limited to funding public safety, services, projects designed to eliminate youth violence, fund improvements to streets and sidewalks, the downtown area and other infrastructure and other economic development efforts to increase businesses, jobs and visitors to the City.

H.        Extending and increasing the Transactions and Use Tax will assist in provided the services of our residents, businesses and the City.

I.          The extension would provide for the implementation of the tax until April 1, 2029, and would increase the tax to one percent (1.00%).

 

J.         Revenues from the amended Transaction and Use Tax shall be used for unrestricted general revenue purposes and be deposited in the general fund.

SECTION 2. AMENDMENTS OF TO CHAPTER 3.22 OF THE KING MUNICIPAL CODE.

A.        Section 3.22.030 of the Municipal Code is hereby deleted and replaced as set for the below:

“3.22.030. OPERATIVE DATE.

"Operative Date," with respect to the one-half percent (0.50%) transaction and use tax adopted pursuant to Ordinance No. 706, means April 1, 2014.  “Operative Date” with respect to the one percent (1.00%) transaction and use tax proposed under Ordinance No. ___ means April 1, 2019 unless another date is required by law.”

B.        Section 3.22.050 of the Municipal Code is deleted and replaced with the language below:

“3.22.050. TRANSACTIONS TAX RATE.

For the privilege of selling tangible personal property at retail, commencing: (a) the Operative Date of Ordinance No. 706 to April 1, 2019, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of  one-half percent (0.50%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the Operative Date and (b) the Operative Date of Ordinance No. __ through April 1, 2029, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1.00%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City on and after the Operative Date.”

C.        Section 3.22.070 of the Municipal Code is deleted and replaced as set forth below:

“3.22.070. 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 commencing: (a) on and after the Operative Date of Ordinance No. 706 to April 1, 2019 for storage, use or other consumption in said territory at the rate of one-half percent (0.50%) of the sales price of the property, and (b) on or after the Operative Date of Ordinance No ___through April 1, 2029 for storage, use or other consumption in said territory at the rate of one percent (1.00%) 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.”

D.        Section 3.22.150 is hereby added to the Municipal Code to read as set forth below:

3.22.150. OVERSIGHT COMMITTEE 

 

Following the Operative Date, the City shall establish a community oversight advisory committee, which may be its budget advisory committee or a separate committee.  The committee shall be charged with making recommendations with respect to expenditures of the sales tax as part of the overall annual budget process.  The recommendations of the Committee shall be presented to the City Council but shall not be binding on the City Council. 

E.        Section 3.22.160 is hereby added to the Municipal Code to read as set forth below:

Section 3.22.160 Revenue Expended from the Transactions and Use Tax

Revenues from the transaction and use tax enacted under this Chapter shall be expended by the City for unrestricted general revenue purposes.”

SECTION 3. USE OF TAX PROCEEDS.

All proceeds of the taxes levied and imposed hereunder shall be accounted for and paid into the City of King General Fund, and may be used for any lawful purpose as designated by the City Council.

SECTION 4.  EFFECT OF AMENDMENT TO MUNICIPAL CODE CHAPTER 3.22

            Except as amended hereby, all provisions Chapter 3.22 of the King City Municipal Code remain in full force and effect and are incorporated herein by this reference.  All said provisions shall apply to the increased and extend Transactions and Use Tax.  

SECTION 5. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 6. STATUTORY AUTHORITY FOR TAX.

This ordinance is adopted pursuant to Revenue and Taxation Code section 7285.9.

SECTION 7. ELECTION REQUIRED.

This ordinance shall not become operative unless and until a majority of the electors voting on this measure vote to approve the imposition of the tax at the general municipal election to be held on November 6, 2018.

SECTION 8. EFFECTIVE DATE AND TERMINATION DATE.

If this ordinance is approved by a majority of the electors voting on the issue at the November 6, 2018 general municipal election, pursuant to Elections Code Section 9217, the ordinance shall become effective ten (10) days after the City Council accepts the certified results of the election. 

 

Adopted at a regular meeting of the City Council held this ___ day of July 2018, on motion of Councilmember ___, seconded by Councilmember ___, and on the following roll call vote, to wit:

AYES:              Councilmembers: 

NOES:              Councilmembers:

ABSENT:        Councilmembers:

ABSTAIN:       Councilmembers:

ATTEST:

 

_______________________________                                     ___________________________

Steven Adams, City Clerk                                                       Mike LeBarre, Mayor

 

APPROVED AS TO FORM:

 

 

_________________________________

Shannon Chaffin, City Attorney

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