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HomeMy WebLinkAboutAGMT - California Department of Tax and Fee Administration (Administration of City Transactions and Use Taxes)1 �; ^e a bj` a ^. STATE OF CALIFORNIA CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION GAVIN NEWSOM 450 N STREET, SACRAMENTO, CA Governor PO BOX 942679, SACRAMENTO, CA 94279 -0027 MARVBEL BATHER 1- 916 - 323 -3000 • FAX 1- 916 - 324 -3001 Secretary, Government Operations Agency w cdtfaxa.gov NICOLAS MADUROS Director March 25, 2019 City of Seal Beach ,Till R. Ingram, City Manager RECEIVED 2118'' Street Seal Beach, CA 90740 -6379 MAR 2 $ 2019 Re: Special Taxing Jurisdiction 693 — City of Seal Beach City Manager's Office Dear Ms. Ingram, The Department of General Services approved the agreements for the preparation and administration of the City of Seal Beach's transactions and use tax. Copies of the fully executed agreements are enclosed for your records. The City's ordinance sets the tax rate at 1.00 percent (1.0000) and become operative on April 1, 2019. Payments will be transmitted each month. Estimated monthly advance payments for the two months of each quarter will be made, followed by a final cleanup payment for the actual balance of the tax collected. less administrative fees as provided in the Agreement for Stale Administration of City Transactions and Use Taxes. The first monthly advance payment to the City is scheduled for June 2019, followed by a second monthly advance payment in July 2019. The final cleanup payment for the difference between the monthly estimated advance payments and the actual amount of tax reported on sales and use tax returns for the period April 1, 2019 through June 30, 2019 will be made in August 2019. This cycle of payments will be repeated every three months. Please note that additional remittances may be made prior to the first scheduled monthly advance payment. These remittances are generally small in amount and are a result of early sales and use tax payments from taxpayers. Monthly Statement of Distribution may be viewed on the department's website once available at https:/hvww.cdtf,i.ca.govdtaxes- and - fees /local -and- district - taxes.htm. From this screen, scroll down and click on. Local Jurisdictions. Choose the link titled Local Tax Statement of Distributions to open the Local Tax Statement Inquiry Page. To request for your statement, click the indicator opposite "District Add -on Code (3 Digits) ", and enter your 3 -digit code (693) in the box opposite Jurisdiction Code. Click on Submit Request and your statement will be displayed. For your convenience, the Local Tax Statements page also contains a link to the Local Tax Disbursement Calendar, which is the schedule of payment dates. March 25. 2019 If you have any questions regarding the above, please contact Donna Puchalski at the Local Revenue Branch at (916) 323 -0807. Enclosures (4) Sincerely, f/ I' Donna Puchalski Business Tax Specialist Local Revenue Branch cc: Director of Finance /City Treasurer AGREEMENT FOR PREPARATION TO ADMINISTER AND OPERATE CITY'S TRANSACTIONS AND USE TAX ORDINANCE In order to prepare to administer a transactions and use tax ordinance adopted in accordance with the provision of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code, the City of SEAL BEACH, hereinafter called City, and the CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, hereinafter called Department, do agree as follows: 1. The Department agrees to enter into work to prepare to administer and operate a transactions and use tax in conformity with Part 1.6 of Division 2 of the Revenue and Taxation Code which has been approved by a majority of the electors of the City and whose ordinance has been adopted by the City. 2. City agrees to pay to the Department at the times and in the amounts hereinafter specified all of the Department's costs for preparatory work necessary to administer the City's transactions and use tax ordinance. The Department's costs for preparatory work include costs of developing procedures, programming for data processing, developing and adopting appropriate regulations, designing and printing forms, developing instructions for the Department's staff and for taxpayers, and other appropriate and necessary preparatory costs to administer a transactions and use tax ordinance. These costs shall include both direct and indirect costs as specified in Section 11256 of the Government Code. 3. Preparatory costs may be accounted for in a manner which conforms to the internal accounting and personnel records currently maintained by the Department. The billings for costs may be presented in summary form. Detailed records of preparatory costs will be retained for audit and verification by the City. 4. Any dispute as to the amount of preparatory costs incurred by the Department shall be referred to the State Director of Finance for resolution, and the Director's decision shall be final. 5. Preparatory costs incurred by the Department shall be billed by the Department periodically, with the final billing within a reasonable time after the operative date of the ordinance. City shall pay to the Department the amount of such costs on or before the last day of the next succeeding month following the month when the billing is received. 6. The amount to be paid by City for the Department's preparatory costs shall not exceed one hundred seventy -five thousand dollars ($175,000) (Revenue and Taxation Code Section 7272.) 7. Communications and notices may be sent by first class United States mail. Communications and notices to be sent to the Department shall be addressed to: California Department of Tax and Fee Administration P.O. Box 942879 MIC: 27 Sacramento, California 94279 -0027 Attention: Supervisor Local Revenue Branch Communications and notices to be sent to City shall be addressed to: City Manager (with a copy to Director of Finance /City Treasurer) 2118` Street Seal Beach, CA 90740 -6379 8. The date of this agreement is the date on which it is approved by the Department of General Services. This agreement shall continue in effect until the preparatory work necessary to administer City's transactions and use tax ordinance has been completed and the Department has received all payments due from City under the terms of this agreement. CITY OF SEAL BEACH MAV Kt�A)",jj& V4 Jill R, Ingram (Typed Name) City Manager (Rev. 11/17) (Title) CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION I! AGREEMENT FOR STATE ADMINISTRATION OF CITY TRANSACTIONS AND USE TAXES The City Council of the City of SEAL BEACH has adopted, and the voters of the City of SEAL BEACH (hereafter called "City" or "District ") have approved by the required majority vote, the City of Seal Beach Transactions and Use Tax Ordinance (hereafter called "Ordinance "), a copy of which is attached hereto. To carry out the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code and the Ordinance, the California State Department of Tax and Fee Administration, (hereinafter called the "Department ") and the City do agree as follows: ARTICLE I DEFINITIONS Unless the context requires otherwise, wherever the following terns appear in the Agreement, they shall be interpreted to mean the following: 1. "District taxes" shall mean the transactions and use taxes, penalties, and interest imposed under an ordinance specifically authorized by Revenue and Taxation code Section 7285.9 , and in compliance with Part 1.6, Division 2 of the Revenue and Taxation Code. 2. "City Ordinance" shall mean the City's Transactions and Use Tax Ordinance referred to above and attached hereto, Ordinance No. 1671 , as amended from time to time, or as deemed to be amended from time to time pursuant to Revenue and Taxation Code Section 7262.2. ARTICLE II ADMINISTRATION AND COLLECTION OF CITY TAXES A. Administration. The Department and City agree that the Department shall perform exclusively all functions incident to the administration and operation of the City Ordinance. B. Other Applicable Laws. City agrees that all provisions of law applicable to the administration and operation of the Department Sales and Use Tax Law which are not inconsistent with Part 1.6 of Division 2 of the Revenue and Taxation Code shall be applicable to the administration and operation of the City Ordinance. City agrees that money collected pursuant to the City Ordinance may be deposited into the State Treasury to the credit of the Retail Sales Tax Fund and may be drawn from that Fund for any authorized purpose, including making refunds, compensating and reimbursing the Department pursuant to Article IV of this Agreement, and transmitting to City the amount to which City is entitled. C. Transmittal of money. 1. For the period during which the tax is in effect, and except as otherwise provided herein, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City periodically as promptly as feasible, but not less often than twice in each calendar quarter. 2. For periods subsequent to the expiration date of the tax whether by City's self - imposed limits or by final judgment of any court of the State of California holding that City's ordinance is invalid or void, all district taxes collected under the provisions of the City Ordinance shall be transmitted to City not less than once in each calendar quarter. 3. Transmittals may be made by mail or electronic funds transfer to an account of the City designated and authorized by the City. A statement shall be furnished at least quarterly indicating the amounts withheld pursuant to Article IV of this Agreement. D. Rules. The Department shall prescribe and adopt such rules and regulations as in its judgment are necessary or desirable for the administration and operation of the City Ordinance and the distribution of the district taxes collected thereunder. E. Preference. Unless the payor instructs otherwise, and except as otherwise provided in this Agreement, the Department shall give no preference in applying money received for state sales and use taxes, state - administered local sales and use taxes, and district transactions and use taxes owed by a taxpayer, but shall apply moneys collected to the satisfaction of the claims of the State, cities, counties, cities and counties, redevelopment agencies, other districts, and City as their interests appear. (Rev. 10/17) 2 F. Security. The Department agrees that any security which it hereafter requires to be furnished by taxpayers under the State Sales and Use Tax Law will be upon such terms that it also will be available for the payment of the claims of City for district taxes owing to it as its interest appears. The Department shall not be required to change the terms of any security now held by it, and City shall not participate in any security now held by the Department. G. Records of the Department. When requested by resolution of the legislative body of the City under section 7056 of the Revenue and Taxation Code, the Department agrees to permit authorized personnel of the City to examine the records of the Department, including the name, address, and account number of each seller holding a seller's permit with a registered business location in the City, pertaining to the ascertainment of transactions and use taxes collected for the City. Information obtained by the City from examination of the Department's records shall be used by the City only for purposes related to the collection of transactions and use taxes by the Department pursuant to this Agreement. H. Annexation. City agrees that the Department shall not be required to give effect to an annexation, for the purpose of collecting, allocating, and distributing District transactions and use taxes, earlier than the first day of the calendar quarter which commences not less than two months after notice to the Department. The notice shall include the name of the county or counties annexed to the extended City boundary. In the event the City shall annex an area, the boundaries of which are not coterminous with a county or counties, the notice shall include a description of the area annexed and two maps of the City showing the area annexed and the location address of the property nearest to the extended City boundary on each side of every street or road crossing the boundary. ARTICLE III ALLOCATION OF TAX A. Allocation. In the administration of the Department's contracts with all districts that impose transactions and use taxes imposed under ordinances, which comply with Part 1.6 of Division 2 of the Revenue and Taxation Code: (Rev. 10/17) 3 1. Any payment not identified as being in payment of liability owing to a designated district or districts may be apportioned among the districts as their interest appear, or, in the discretion of the Department, to all districts with which the Department has contracted using ratios reflected by the distribution of district taxes collected from all taxpayers. 2. All district taxes collected as a result of determinations or billings made by the Department, and all amounts refunded or credited may be distributed or charged to the respective districts in the same ratio as the taxpayer's self - declared district taxes for the period for which the determination, billing, refund or credit applies. B. Vehicles, Vessels, and Aircraft. For the purpose of allocating use tax with respect to vehicles, vessels, or aircraft, the address of the registered owner appearing on the application for registration or on the certificate of ownership may be used by the Department in determining the place of use. ARTICLE IV COMPENSATION The City agrees to pay to the Department as the State's cost of administering the City Ordinance such amount as is provided for by law. Such amounts shall be deducted from the taxes collected by the Department for the City. ARTICLE V MISCELLANEOUS PROVISIONS A. Communications. Communications and notices may be sent by first class United States mail to the addresses listed below, or to such other addresses as the parties may from time to time designate. A notification is complete when deposited in the mail. (Rev. 10/17) 4 Communications and notices to be sent to the Department shall be addressed to: California State Department of Tax and Fee Administration P.O. Box 942879 Sacramento, California 94279 -0027 Attention: Administrator Local Revenue Branch Communications and notices to be sent to the City shall be addressed to: City Manager (with a copy to Director of Finance /City Treasurer) 211 81h Street Seal Beach, CA 90740 -6379 Unless otherwise directed, transmittals of payment of District transactions and use taxes will be sent to the address above. B. Term. The date of this Agreement is the date on which it is approved by the Department of General Services. The Agreement shall take effect on April 1, 2019. This Agreement shall continue until December 31 next following the expiration date of the City Ordinance, and shall thereafter be renewed automatically from year to year until the Department completes all work necessary to the administration of the City Ordinance and has received and disbursed all payments due under that Ordinance. C. Notice of Repeal of Ordinance. City shall give the Department written notice of the repeal of the City Ordinance not less than 110 days prior to the operative date of the repeal. (Rev. 10/17) 5 ARTICLE VI ADMINISTRATION OF TAXES IF THE ORDINANCE IS CHALLENGED AS BEING INVALID A. Impoundment of funds. 1. When a legal action is begun challenging the validity of the imposition of the tax, the City shall deposit in an interest - bearing escrow account, any proceeds transmitted to it under Article Il. C., until a court of competent jurisdiction renders a final and non - appealable judgment that the tax is valid. 2. If the tax is determined to be unconstitutional or otherwise invalid, the City shall transmit to the Department the moneys retained in escrow, including any accumulated interest, within ten days of the judgment of the trial court in the litigation awarding costs and fees becoming final and non - appealable. B. Costs of administration. Should a final judgment be entered in any court of the State of California, holding that City's Ordinance is invalid or void, and requiring a rebate or refund to taxpayers of any taxes collected under the terms of this Agreement, the parties mutually agree that: 1. Department may retain all payments made by City to Department to prepare to administer the City Ordinance. 2. City will pay to Department and allow Department to retain Department's cost of administering the City Ordinance in the amounts set forth in Article IV of this Agreement. 3. City will pay to Department or to the State of California the amount of any taxes plus interest and penalties, if any, that Department or the State of California may be required to rebate or refund to taxpayers. (Rev. 10/17) 6 4. City will pay to Department its costs for rebating or refunding such taxes, interest, or penalties. Department's costs shall include its additional cost for developing procedures for processing the rebates or refunds, its costs of actually making these refunds, designing and printing forms, and developing instructions for Department's staff for use in making these rebates or refunds and any other costs incurred by Department which are reasonably appropriate or necessary to make those rebates or refunds. These costs shall include Department's direct and indirect costs as specified by Section 11256 of the Government Code. 5. Costs may be accounted for in a manner, which conforms to the internal accounting, and personnel records currently maintained by the Department. The billings for such costs may be presented in summary form. Detailed records will be retained for audit and verification by City. 6. Any dispute as to the amount of costs incurred by Department in refunding taxes shall be referred to the State Director of Finance for resolution and the Director's decision shall be final. 7. Costs incurred by Department in connection with such refunds shall be billed by Department on or before the 25th day of the second month following the month in which the judgment of a court of the State of California holding City's Ordinance invalid or void becomes final. Thereafter Department shall bill City on or before the 25th of each month for all costs incurred by Department for the preceding calendar month. City shall pay to Department the amount of such costs on or before the last day of the succeeding month and shall pay to Department the total amount of taxes, interest, and penalties refunded or paid to taxpayers, together with Department costs incurred in making those refunds. CITY OF SEAL BEACH ME AN I Jill R. Ingram (Typed Name) City Manager (Title) (Rev. 10/17) 7 CALIFORNIA STATE DEPARTMENT OF TAX AND FEE ADMINISTRATION M. -T I�t`rnuv�t 1 12019 OFFICE OF LEGAL SERA IK RESOLUTION 6885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX. WHEREAS, on July 23, 2018 . the City Council approved Ordinance No. 1671 amending the City Municipal Code and providing for a local transactions and use tax; and WHEREAS, the California Department of Tax and Fee Administration (Department) administers and collects the transactions and use taxes for all applicable jurisdictions within the state; and G, 3 WHERE 1, the Department will be responsible to administer and collect the transactions and use tax for the City; and � n requires that the City enter into a "Preparatory Agreement" and an "Administfation%greement" prior to implementation of said taxes, and L � ' Whereas, the Department requires that the City Council authorize the agreements; `J N� NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Seal Beach that the "Preparator•.y;Agreement" attached as Exhibit A and the "Administrative Agreement" attached as Exhibit Biare here y approved and the City Manager is hereby authorized to execute each agreement. i' The foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Seal Beach held on January 14, 2019, by the following vote, to wit: AYES: Deaton, Massa - Lavitt, Moore, Sustarsic, Varipapa NOES: None ABSENT: None ATTEST: 6/7/2018 DATED: (s) Dana Engstrom, Deputy Moore, Mayor Fg Jill AV 8 ORDINANCE 1671 AN ORDINANCE OF THE CITY OF SEAL BEACH IMPOSING A 1.0% TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION THE PEOPLE OF THE CITY OF SEAL BEACH DO HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 4.55 is hereby added to the Seal Beach Municipal Code to read as follows: "TRANSAC Sections: 4.55.005 4.55.010 4.55.015 4.55.020 4.55.025 4.55.030 4.55.035 4.55.040 4.55.045 4.55.050 4.55.055 4.55.060 4.55.065 TIONS AND USE TAX. Short Title Operative Date Purpose Contract With State Transactions Tax Rate Place of Sale Use Tax Rate Adoptions of Provisions of State Law Limitations on Adoption of State Law and Collection of Use Taxes Permit Not Required Exemptions and Exclusions Amendments Enjoining Collection Forbidden 4.55.005. SHORT TITLE. This ordinance shall be known as the City of Seal Beach Transactions and Use Tax Ordinance of 2018. The City of Seal Beach hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City. 4.55.010. 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. 4.55.015. 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, authorizing 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 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 California Department of Tax and Fee Administration 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. 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. 4.55.020. 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 a case the operative date shall be the fast day of the first calendar quarter following the execution of such a contract. 4.55.025. 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 one percent (1.0 %) 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. 4.55.030. 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 California Department of Tax and Fee Administration. 4.55.035, 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 one percent (1.0 %) 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. 4.55.040. 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 I (commencing 2 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. 4.55.045. LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part I 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 the 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, 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 I of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible 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. 4.55.050. 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. 4.55.055. 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 -Burns Uniform Local Sales and Use Tax Law or the amount of any state - administered transactions or use tax. 3 D. 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 I (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 h. 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 fated price pursuant to a contract entered into prior to the operative date of this ordinance, in which case the tax rate shall be the rate in effect in the City 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, in which case the tax rate shall be the rate in effect in the City 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. m 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, in which case the tax rate shall be the rate in effect in the City 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 amaking they ale 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 trepresentatfve, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of ghetretailer. n � a h r 7. "A retailer engaged in business in the City" shall also include any retailer of any of thei following: vehicles subject to registration pursuant to Chapter 1 (commencing with ,§ection 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 o5the Public Utilities Code, or undocumented vessels registered under Division 3.5 ( commen iin`�g 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 ftheo;6ty. 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 liab(erfor�a�transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code wdhvrespe t to the sale to the person of the property the storage, use or other consumption of w wItn.: which �s �u ject to the use tax. 4.55.060. AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part I 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 5 such amendment shall operate so as to affect the rate of tax imposed by this ordinance. Pursuant to'Elections Code Section 9217, the City Council may make amendments to this Ordinance that do not increase the rate of the tax without further voter approval. 4.55.065. 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. 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 3. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon approval by the voters. PASSED AND APPROVED by the voters of the City of Seal Beach, State of California, at the General Municipal Election held on November 6, 2018. Attest: Robin "MC, rk Approved as to Craig Steele, City Attorney 6 Mike Varipapa, Mayor V) a e$ B Aga �8 RESOLUTION 6845 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING AN ORDINANCE ENACTING A 1.0% TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION, AND ORDERING THE SUBMITTAL OF SAID ORDINANCE TO THE VOTERS AT NOVEMBER 6, 2018 GENERAL MUNICIPAL ELECTION WHEREAS, on June 11, 2018, the City Council adopted the City's FY 2018 — 2019 General Fund operating budget of approximately $37.4 million. The City Council made difficult choices and was able to adopt a budget that relies on transfers from reserves and one -fime revenue sources, and savings from vacant City jobs that will not be filled. In spite of these efforts the budget was adopted with an approximately $80,000 deficit. This use of one -time funds and holding positions vacant to balance the budget cannot be sustained in future years; and WHEREAS, every department across the City has implemented significant budget cuts since 2008 resulting in the elimination or reduction of key city programs and services such that further budget cuts would have a devastating impact on City services and the safety and welfare of the community; and 1,n WHEREAS, despite the cuts, the City projects that budget deficits will continue to grow in the future, and City reserve funds are at dangerously low levels and in danger of being depleted within the next few years; and WHEREAS, although the Orange County Transportation Authority has increased sales taxes in recent years, those funds are not allocated directly to the City, and the City continues to receive only 1% of the sales taxes Seal Beach businesses, residents, and visitors pay; and WHEREAS, in order to address this fiscal shortfall as soon as possible, and to provide a stable and local source of new revenue to maintain and enhance important City services, the City Council desires to place a local funding measure on the ballot at the regular municipal election consolidated with the statewide general election on November 6, 2018; and WHEREAS, if enacted, a local transaction and use tax of 1.0% would provide a protected, stable local source of about $5 million annually to improve and maintain the funding of vital City services the community relies on; and WHEREAS, if enacted, a local funding measure would enable the City to maintain or improve current levels of public safety through police, marine safety, fire and paramedic services, school ` Ai resource officer, code enforcement, animal control, and maintaining storm drains, streets and public parks, and funding senior, youth and neighborhood programs; and 57298- 000112199718v1AM t WHEREAS, this measure will give Seal Beach local control over local funds for local needs because no funds from this measure can be taken by Sacramento; and WHEREAS, Section 7285.9 of the California Revenue and Taxation Code authorizes any city to levy, increase or extend a transactions and use tax for general purposes at a rate of 0.025 percent, or a multiple thereof, subject to approval by a two- thirds vote of all of the members of the City Council and by a majority of the qualified voters of the City voting in an election on the issue; and WHEREAS, City Council proposes to submit to the voters of the City an ordinance providing for the levy of a transaction and use tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES: Section 1. Ordering Measure Submitted to Voters. The City Council has previously called a regular municipal election to be held in the City on Tuesday. November 6, 2018. Pursuant to California Elections Code Sections 9222 and 10201, the City Council hereby orders that at the said election a transaction and use tax ordinance be submitted to the voters for approval. The full text of the Seal Beach Transaction and Use Tax Ordinance of 2018 is attached to this Resolution as Exhibit A and incorporated herein by this reference. The measure to be submitted to the voters shall appear and be printed on the ballot as follows: City of Seat Beach Seal Beach Neighborhood Safety and Essential Services Protection. To offset significant budget cuts and state takeaways and maintain City services, including community police patrols, YES paramedic services, fire protection, marine safety /lifeguards, school safety, 9 -1 -1 response times, and other essential general services, shall an ordinance be adopted for a one percent sales tax to raise approximately $5,000,000 annually until ended by voters, with independent audits to ensure transparency and NO funds spent only in Seal Beach? Section 2. Approval of Ordinance: The City Council hereby approves the proposed Seal Beach Transaction and Use Tax Ordinance of 2018, attached to this Resolution as Exhibit A, to be submitted to the voters. The proposed measure is a new general tax, as defined in Article XIIIC of the California Constitution, at a rate of 1.0% on transactions and uses in the City as defined in the ordinance, to be collected by the California Department of Tax and Fee Administration, and shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at the election. Section 3. Impartial Analysis: The City Attorney is hereby directed to prepare an 2 impartial analysis of the measure pursuant to Elections Code Section 9280. Section 4. Ballot Argument: The City Council hereby authorizes one or more of its members to submit a ballot argument in favor of the measure pursuant to Elections Code Section 9282. Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it Into the book of original Resolutions and transmit the necessary documents to the Orange County Registrar of Voters forthwith. PASSED AND ADOPTED this 231d day of July, 2018, by the following vote AYES: COUNCILMEMBERS: Varipapa, Deaton, Massa - Lavitt, Moore; Sustarsic NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mike Varipapa, Mayor APPROVED APrO FORM: raig Steele, City Attorney 3