Impartial Analysis of City Attorney Regarding Measure

Similar documents
CITY OF BEVERLY HILLS STAFF REPORT

CITY COUNCIL AGENDA REPORT. DEPARTMENT: City Manager s Office MEETING DATE: December 19, 2017

CITY OF HEALDSBURG RESOLUTION NO

ORDINANCE NO. THE PEOPLE OF THE CITY OF LA HABRA HEIGHTS DO ORDAIN AS FOLLOWS:

4th DRAFT OF ORDINANCE ON MAYORAL RETIREMENT BENEFITS FOR DISCUSSION PURPOSES ONLY 10 December 2018: 1259 PM ORDINANCE

RESOLUTION NO

THE VILLAGE OF SAUK VILLAGE COOK AND WILL COUNTIES, ILLINOIS ORDINANCE NUMBER

ORDINANCE NO

An ordinance amending Articles 13.5 and 13.6 to Chapter 5 of Division 5 of the Los Angeles Administrative Code.

CITY COUNCIL SUMMARY REPORT. Agenda No. Key Words: Marijuana Tax Meeting Date: April 26, 2016 PREPARED BY: Douglas L. White, City Attorney

BALLOT MEASURE FULL TEXT

Council Agenda Report

CITY OF MARGATE, FLORIDA ORDINANCE NO

NOTICE AND CALL OF SPECIAL MEETING OF THE KERMAN CITY COUNCIL. The sole business to be conducted is as follows:

City of Crescent City Measure Q City Attorney s Impartial Analysis of Measure Q

( Council Agenda Report

CITY OF FREEPORT STEPHENSON COUNTY, ILLINOIS ORDINANCE (0% TAX LEVY)

EXHIBIT A ORDINANCE NO.

City Council Report 915 I Street, 1 st Floor

SAN RAFAEL CITY COUNCIL AGENDA REPORT

ORDINANCE NOW THEREFORE, BE IT ORDAINED by the City Commission as follows:

CITY COUNCIL SUMMARY REPORT. Agenda No Key Words: Council Compensation Meeting Date: December 9, 2014 PREPARED BY:

Ballot Measures-W Section

ANCHORAGE, ALASKA AO No

MEASURE F CITY CLERK'S IMPARTIAL ANALYSIS OF MEASURE F. CITY CLERK'S IMPARTIAL ANALYSIS OF MEASURE F-Continued

EMERGENCY ORDINANCE NO. 362 AN EMERGENCY ORDINANCE AMENDING SECTION OF THE HANNA MUNICIPAL CODE CLARIFYING WATER CONSUMPTION RATE INCREASES.

ORDINANCE NO THE TOWNSHIP BOARD OF TRUSTEES FOR THE CHARTER TOWNSHIP OF LANSING HEREBY ORDAINS:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARPINTERIA, CALIFORNIA, ESTABLISHING CHAPTER 8

Richard Pearson, Community Development Director Tim Tucker, City Engineer

BALLOT MEASURE SUBMITTAL FORM

Eff.: 7/17/2018 Subject to Voter Approval ORDINANCE NO. 18-3,904

RESOLUTION NO. RES

ORDINANCE NO. 620 ADMINISTRATION

AGENDA AN ORDINANCE ADOPTING THE ANNUAL BUDGET OF THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010.

ORDINANCE NO BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BARTOW, FLORIDA;

RESOLUTION. WHEREAS, the City Attorney has presented the following ballot title and question for the proposed general obligation bond proposition:

City Council Report 915 I Street, 1 st Floor

Recommendation for Council action, SUBJECT TO THE APPROVAL OF THE MAYOR:

TOWNSHIP OF MONTCLAIR. SALARY ORDINANCE FOR THE MANAGEMENT (NON-UNION) GROUP FOR YEAR 2015 THROUGH YEAR 2018 May 22, 2018 (date of introduction)

MUNICIPALITY OF ANCHORAGE. ORDINANCE No

ORDINANCE NO

MEASURE J PROPOSAL TO AUTHORIZE SPECIAL TAX FOR CITY OF ROCKLIN

ORDINANCE NO ORDINANCE LEVYING AND ASSESSING TAXES OF LISLE-WOODRIDGE FIRE PROTECTION DISTRICT DUPAGE AND WILL COUNTIES, ILLINOIS FOR 2016

ANCHORAGE, ALASKA AO No (S)

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

REQUESTED COUNCIL MEETING DATE: August 20, 2018 ITEM: Council Bill No (Re-adoption of Code of Ethics Ordinance)

ORDINANCE AN ORDINANCE TO LEVY TAXES AND ESTABLISH A MUNICIPAL BUDGET FOR THE FISCAL YEAR BEGINNING JULY

ORDINANCE NO. AN ORDINANCE OF THE CITY OF BELMONT ADDING CHAPTER 32 (MINIMUM WAGE) TO THE BELMONT CITY CODE

ARTICLE 6. EXCISE TAX ON PLATTING AND BUILDING

RESOLUTION NO. WHEREAS, the City of Pasadena is 132 years old and has aging infrastructure

City of Philadelphia

ARTICLE 7 LOS ANGELES MINIMUM WAGE ORDINANCE

TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION

BEVERLY HILLS AGENDA REPORT

AMENDED IN COMMITTEE 5/17/18

CHAFFEE COUNTY RESOLUTION NO

ORDINANCE NO A local business tax is hereby imposed and levied upon and shall be collected from:

City of Watsonville Transient Occupancy Tax

CITY ATTORNEY S IMPARTIAL ANALYSIS OF MEASURE A

ORDINANCE NO. 17O

Item No. 29 Town of Atherton

ORDINANCE NO. A new City of Merced Municipal Code Chapter 3.52 is hereby adopted to read:

TOWNSHIP OF MORRIS MORRIS COUNTY NEW JERSEY ORDINANCE NO

ORDINANCE NUMBER:

Establishing an Estimated Annual Tax Levy Ceiling for the Tax Year 2017.

ORDINANCE NO a N.S.

ORDINANCE NO

ORDINANCE BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of Hapeville and under the authority thereof that:

ORDINANCE NO OF THE CITY OF COLBY, KANSAS

ORDINANCE NO N.S.

Direct staff to place a ballot measure for the November 6, 2018 General Municipal Election for the

CITY CONTRACT NO. MEMORANDUM OF UNDERSTANDING BETWEEN EMPIRE BUILDERS LLC AND THE CITY OF CHEYENNE

A) RECOGNITION OF SCHOOL PRINCIPALS CESAR E. CHÁVEZ LEARNING ACADEMIES B) OCTOBER LIGHTS ON! AFTERSCHOOL DAY

CITY OF ROCK ISLAND ORDINANCE NO. O AN ORDINANCE OF THE CITY OF ROCK ISLAND, ROCK ISLAND COUNTY, ILLINOIS, ADOPTING TAX INCREMENT ALLOCATION FI

17-O Last Updated: 11/21/17 Page 1 of 8

NOTICE OF PROPOSED ORDINANCE

ORDINANCE NO Adopted by the Sacramento City Council. July 31, 2018

RESOLUTION OF THE CITY OF GLENDALE SETTING FORTH RATES AND CHARGES FOR GLENDALE WATER AND POWER ELECTRIC SERVICE

MUNICIPALITY OF ANCHORAGE. ORDINANCE No

Albany November 8, 2016

TAX ABATEMENT AGREEMENT

[Administrative Code - Increasing the Minimum Compensation Hourly Rate for Employees Under Contracts with Nonprofit Corporations and Public Entities)

CITY OF DAPHNE 1705 MAIN STREET, DAPHNE, AL SPECIAL CALLED CITY COUNCIL BUSINESS MEETING AGENDA May 23, 2018

Ballot Measure F2018. To establish a reasonable tax on the operation of an allowed cannabis business within the City. What is it?

CRC RESOLUTION NO

C i t y C o u n c i l A g e n d a P a g e 1 2

City of Fairfax, Virginia City Council Regular Meeting

Borough of Carlisle ORDINANCE NO. 2320

ORDINANCE NO. 511 THE PEOPLE OF THE CITY OF ALTURAS DO HEREBY ORDAIN AS FOLLOWS:

ORDINANCE NO

MEMORANDUM DEBORAH MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES

ORDINANCE NO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREENVILLE, TEXAS:

REPORT TO MAYOR AND COUNCIL PROPOSED REVISIONS TO MOBILHOME RENT STABILIZATION ORDINANCE

Req. # SUBSTITUTE Manager; thereof. for. issues, and. compression. issues, Section -1- Police Officer Police Sergeant Police Detective 1

BOROUGH OF ST. CLAIR SCHUYLKILL COUNTY, PENNSYLVANIA. L( j

Agenda Item D.1 DISCUSSION ACTION ITEM Meeting Date: April 7, 2015

Joint Labor-Management Benefits Committee COMMITTEE REPORT 18-07

Alameda County 06/05/2018

OUTSIDE OF CITY BUSINESS LICENSE APPLICATION

Transcription:

Impartial Analysis of City Attorney Regarding Measure Measure would increase the limit on the maximum annual business tax that businesses pay as set forth in the Business Tax Ordinance. Currently the maximum annual business tax that businesses pay is $117,048.00 per year, subject to annual adjustments upwards or downwards based on the change in the Bay Area Consumer Price Index. Measure would increase the maximum annual business tax that businesses pay to $300,000.00 per year, subject to annual adjustments upwards or downwards based on the change in the Bay Area Consumer Price Index. A Yes vote by a majority voting on Measure means that the maximum annual business tax that businesses pay as set forth in the Business Tax Ordinance would be increased to $300,000.00 per year, subject to annual adjustments upwards or downwards based on the change in the Bay Area Consumer Price. A No vote by a majority voting on Measure means that the maximum annual business tax that businesses pay would remain as currently set forth in the Business Tax Ordinance at $117,048.00 per year, subject to annual adjustments upwards or downwards based on the change in the Bay Area Consumer Price Index. Respectfully submitted, Michael G. Biddle City Attorney

FULL TEXT OF PROPOSED ORDINANCE ORDINANCE OF THE CITY OF EMERYVILLE AMENDING SECTION 3-1.132 OF CHAPTER 1 OF TITLE 3 OF THE CITY OF EMERYVILLE MUNICIPAL CODE REGARDING MAXIMUM ANNUAL LICENSE TAX BASED ON GROSS RECEIPTS THE PEOPLE OF THE CITY OF EMERYVILLE DO ORDAIN AS FOLLOWS: SECTION ONE. Amending Section 3-1.132 of Chapter 1 of Title 3 of the City of Emeryville Municipal Code Regarding Maximum Annual License Tax Based On Gross Receipts. Section 3-1.132 of Chapter 1 of Title 3 of the City of Emeryville Municipal Code regarding Maximum Annual License Tax Based On Gross Receipts, is hereby re-titled and amended in its entirety to read as follows: 3-1.132 Maximum Annual Business Tax. Every person transacting and carrying on any business within the City of Emeryville that pays an annual business tax pursuant to Section 3-1.124 shall pay an annual business tax no greater than three hundred thousand dollars ($300,000.00) as adjusted annually upward or downward by the change in the Bay Area Consumer Price Index starting July 1, 2012. SECTION TWO. Effective Date. Pursuant to Elections Code Section 9217, this Ordinance shall become effective ten (10) days after the date the vote is declared by the City Council of the City of Emeryville. SECTION THREE. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. SECTION FOUR. Codification. Section One of this Ordinance shall be codified in the City of Emeryville Municipal Code. Sections Two, Three, Four and Five shall not be codified in the City of Emeryville Municipal Code.

Ordinance No. 11- Page 2 of 2 SECTION FIVE. Execution. The Mayor of the City of Emeryville is hereby authorized to attest to the adoption of this Ordinance by the voters of the City by signing where indicated below. I hereby certify that the foregoing Ordinance was PASSED, APPROVED and ADOPTED by the people of the City of Emeryville voting on the 8t h day of November, 2011. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 2

BALLOT ARGUMENT FOR BUSINESS LICENSE TAX MEASURE TO INCREASE CAP TO $300,000 8/1/11 MEASURE INCREASE BUSINESS LLICENSE TAX CAP TO $300,000 The City of Emeryville has far more land devoted to businesses than homes. The current Business Tax recognizes that businesses have a responsibility to help pay for essential services including police and fire services, street maintenance, tree and park maintenance, and child care services. Businesses pay a tax based on the gross receipts of their firm and the contribution varies depending on the size of the business. The current business tax is capped at a maximum payment of approximately $117,000 annually, subject to changes based on the Consumer Price Index. Most neighboring cities do not cap their Business Tax, but Emeryville has a cap in order to keep the city competitive to attract new business and retain existing businesses. Recently, Emeryville public services have been reduced due to the recession and the State theft of funds from local governments. The City has responsibly reduced spending by 10% for the current two year budget, and is asking its employees to make contributions to their retirement funds to help offset the loss of revenues. The reduction in services, however, cannot continue indefinitely without affecting the quality of life in Emeryville. The City must match prudent reductions in expenditures with new sources of revenue. Measure will increase the Business Tax cap (maximum) to $300,000 per year, subject to annual changes based on the Consumer Price Index. The increase in the Business Tax cap authorized by this measure will assist in restoring essential city services and programs with a modest impact on our businesses. We will remain one of the few east bay cities with a cap on the business tax to help us retain existing businesses and attract new business. We urge your support of Measure with a yes vote.

Measure D Declaration by Author(s) of Arguments ARGUMENT IN FAVOR OF MEASURE D 1. Ruth Atkin Councilmember 2. Ken Bukowski Councilmember 3. Nora Davis Mayor 4. Kurt Brinkman City Councilmember 5. Jennifer West Vice Mayor