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Smart Voter
Kern County, CA November 4, 2008 Election
Measure L
City Sales Tax
City of Arvin

Majority Approval Required

Pass: 1498 / 71.57% Yes votes ...... 595 / 28.43% No votes

See Also: Index of all Measures

Results as of Jan 24 10:33am, 100.0% of Precincts Reporting (6/6)
Information shown below: Impartial Analysis | Arguments | Full Text

To preserve public safety and prevent cuts to essential City services by expanding school gang/drug prevention programs; hiring additional police, including school officers; reducing 9-1-1 response times; repairing storm drains to prevent flooding; removing more graffiti/trash/litter; repairing potholes/streets; maintaining parks, youth recreation, and other general city services; should the city sales tax be increased by one cent requiring annual financial audits and public review of expenditures?

Impartial Analysis from the City Attorney
Pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law, California Government code 7200 et seq., city councils may vote to approve a measure to increase the sales tax by one percent, and place that measure on the ballot. If approved by a majority of the voters, this proposed measure (the "Arvin Vital City Services Measure"), authorizes a one percent sales tax increase within the City of Arvin.

The proposed tax would be paid in addition to current sales taxes. It would be collected at the same time and in the same manner as existing sales taxes. The proposed tax would be imposed upon the sale of all tangible personal property sold at retail within the jurisdictional limits of the City as well as upon the storage, use, or other consumption of tangible personal property purchased from any retailer in the jurisdictional limits of the City. Certain transactions, as described in Section 3.18.110 of the measure, would be exempted from the tax. The measure requires annual financial audits and allows public review of expenditures. The resulting tax will be a general tax as provided under Article XIIIC of the California Constitution and available for general city uses and purposes. As a general tax, it requires a majority vote for adoption.

A "yes" vote is a vote to adopt the one percent sales tax increase.

A "no" vote is a vote not to establish such a tax, which will result in the City not obtaining the revenue that this tax would provide.

LEGEND REGARDING AVAILABILITY OF MEASURE PER ELECTIONS CODE SECTION 9280

The above statement is an impartial analysis of the Arvin Vital City Services Measure. If you desire a copy of the ordinance, please contact the City Clerk's office at 200 Campus Drive, P. O. Box 548, Arvin, CA 93203, phone number 661-854-3134.

 
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Arguments For Measure L
Join DOLORES HUERTA, police officers, firefighters, local business owners, teachers and community leaders in supporting YES on L to PROTECT AND MAINTAIN OUR CITY SERVICES.

Consider the facts:

1) There are more than 200 gang members in Arvin and we need more police.

2) Our streets are in terrible condition-60% of them need repaving and pothole repairs.

3)The cost of fire protection for Arvin is increasing by $350,000 per year and the City doesn't have the money.

4) Since 1994 Sacramento politicians have taken more than $2 Million from Arvin to address the state's own budget crises - at YOUR expense. The Governor has proposed additional funding cuts that threaten our City services.

Unfortunately, without additional revenues, the City will be forced to make cuts to essential services-including reducing police officers, 9-1-1 emergency response services, gang prevention programs, street repair, and other vital services.

YES on L expands and improves school-based anti-gang and anti-drug programs.

YES on L removes litter and trash.

YES on L repairs local storm drains and sewers to prevent flooding.

YES on Lincreases the number of youth recreation programs.

YES on L ensures the high level of fire protection services we need and expect.

YES on L maintains school resource officers and hires more police officers.

YES on L expands graffiti removal programs. YES on L repaves 5 miles of local streets, fixes 200 potholes, and repairs 2 miles of sidewalks to improve safety throughout Arvin.

YES on L improves 9-1-1 emergency response.

Measure L includes strong fiscal accountability requirements, such as annual, independent financial audits and public published expenditure reports. It ensures LOCAL CONTROL over all funds because every penny is legally required to stay in Arvin.

VOTE YES on L and protect Arvin's essential public services.

s/Maria D. Garcia, Owner, Las Fuentes Restaurant
s/Bryan Clark, Police Officer, Arvin Police Officers Association
s/Maria Hernandez, Dolores Huerta Foundation Committee Coordinator
s/James C. Young, Retired Chancellor, Kern Community College District
s/Alicia R. Ojeda, Sr. Clerk Foothill High School

(No arguments against Measure L were submitted)

Full Text of Measure L
DISCLAIMER: All documents are printed exactly as submitted to the Elections Office.

EXHIBIT A
BALLOT MEASURE L
CITY OF ARVIN

AN ORDINANCE OF THE CITY OF ARVIN ADDING CHAPTER 3.18 TO THE ARVIN MUNICIPAL CODE ESTABLISHING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION.

The People of the City of Arvin do ordain as follows:

Section 1. Addition of Chapter.

Chapter 3.18 is hereby added to the Arvin Municipal Code to read as follows:

3.18.010 Title.

This Chapter shall be known as the City of Arvin Transactions and Use Tax Ordinance. The City of Arvin hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

3.18.020 Operative Date.

"Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the later of the adoption of this ordinance and chapter, the date of such adoption being as set forth below, or the approval of the voters of the City of a measure approving the imposition of the transaction and use tax set forth herein; provided that if the City shall not have entered into a contract with the State Board as required herein prior to such date, the Operative date shall be the first day of the first calendar quarter following execution of such a contract.

3.18.030 Purpose.

The purpose of this chapter is 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 qualified voters of the City 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 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.

3.18.040 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.

3.18.050 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 one percent (1%) 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 of this ordinance.

3.18.060 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.

3.18.070 Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the incorporated territory of 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 the City at the rate of one percent (1%) 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.

3.18.080 Adoption Of Provisions Of State Law.

Except as otherwise provided in this ordinance and Chapter 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 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance and Chapter as though fully set forth herein.

3.18.090 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 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 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 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 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.

3.18.100 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.

3.18.110 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-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 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 Chapter 2 of 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 subsections (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 subsections (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 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 Chapter 2 of 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, or 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.

3.18.120 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.

3.22.130 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.

3.18.140 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 2. Effective Date.

This ordinance relates to the levying and collecting of the City transactions and use taxes and is a valid and binding ordinance of the city upon passage and approval by the electorate of the City of Arvin. This ordinance shall be considered as adopted upon the date that the vote is declared by the legislative body, and shall go into effect 10 days after that date.

PASSED AND APPROVED by the People of the City of Arvin at the general election held November 4, 2008.


_______________________________
TIM TARVER, Mayor
City of Arvin


ATTEST:


_____________________________
CECILIA VELA, City Clerk
City of Arvin


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