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HomeMy WebLinkAboutMINUTES - 07201993 - 2.1 To: BOARD OF SUPERVISORS 2 1 Contra FROM: Phil Batchelor, County Administrator i COsta DATE: July 14 , 1993 ''otr:�:__-.•..r� County + cuuyr' SUBJECT: NEED TO ADOPT A RESOLUTION IN ORDER TO RECEIVE SALES TAX REVENUE FOR THE PERIOD JULY 1, 1993 - DECEMBER 31, 1993 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . RECEIVE public testimony on the County Administrator' s recommendation that the Board of Supervisors adopt a Resolution requesting the sales tax revenue and ratifying the statewide imposition of an additional one-half cent sales tax pursuant to SCA 1 on the November 2, 1993 ballot, recognizing that all such revenue must be dedicated to public safety services . 2 . ADOPT the attached Resolution which is required in order to receive the one-half cent sales tax revenue which has been continued for the next six months, pending the results of the statewide special election November 2, 1993 on making the additional one-half cent sales tax permanent. 3 . DIRECT the County Administrator to forward a certified copy of the attached Resolution to the State Controller and other appropriate officials so as to be received by them by no later than August 1, 1993. BACKGROUND: As the Board of Supervisors is aware, the Legislature and the Governor agreed, as a part of the effort to balance the State Budget for the 1993-94 fiscal year, to transfer $2 . 6 billion in property tax revenue from cities, counties and special districts to the State. Several steps were also taken in an effort .to partially backfill this property tax transfer. One of these efforts was an CONTINUED ON ATTACHMENT: YES SIGNATURE: C �4%�0� C Z/llil_/fl_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE — APPROVE OTHER SIGNATURE{Sa_ ACTION OF BOARD ON Tjj�7 9() , 1_o q� APPROVED AS RECOMMENDED X OTHER —,a. Gary Yancy, District Attorney; Warren Rupf, County Sheriff-Coroner; John Wolfe, Contra Costa Taxpayers Association; Jim Hicks; AFSCME/Labor Coalition; and Mike Price, Local 1230 (Firefighters) , all appeared in support of the additional one-half cent sales tax. As recommended by Supervisor Powers, IT IS BY THE BOARD ORDERED THAT the above recommendations are APPROVED, Resolution 93/442 is ADOPTED, and the Board EXPRESSES SUPPORT for a statewide measure that would guarantee property tax revenue would be left at the local level in exchange for a repeal of the half-cent sales tax on the November 2, 1993 ballot, and REQUESTS the Revenue Task Force to consider this proposal. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Contact: PHIL BATCHE R CLER OF THE BOARD OF cc: County Administrator SUPERVISOR AND COUNTY ADMINISTRATOR County Counsel Auditor-Controller State Controller (Via CAO) BY DEPUTY 2 _ 1 -2- agreement to extend the one-half cent sales tax, which otherwise would have expired June 30, 1993, until December 31, 1993 . In addition, the Legislature and the Governor agreed to place a measure on a special statewide election ballot on November 2, 1993 to allow the voters to determine whether to continue this one-half cent sales tax beyond December 31, 1993 . The statutory actions necessary to continue the one-half cent sales tax from July 1, 1993 through December 31, 1993 were included in SB 509 (Chapter 73, Statutes of 1993) , one of the "Trailer Bills" which was signed into law by the Governor on the evening of June 30, 1993, along with the State Budget and the other "Trailer Bills" . There are several conditions on a county' s receiving this additional sales tax revenue which are outlined in Chapter 6 .5 (commencing with Section 30051) of Division 3 of Title 3 of the Government Code, as added by Chapter 73, Statutes of 1993, particularly in Section 30052 . These conditions are: 1 . The revenue can only be used for "Public Safety Services" . "Public Safety Services" is further defined rather broadly to include, but not be limited to, the following: "sheriffs, police, fire protection, county district attorneys, and county corrections . " "Public Safety Services" does not include the courts . 2 . The Board of Supervisors must, by August 1, 1993, adopt a Resolution that does both of the following: A. Requests an allocation of revenue from the Local Public Safety Fund, and B. Ratifies the statewide imposition of an additional one- half percent rate of sales and use tax pursuant to Senate Constitutional Amendment 1 on the November 2, 1993 special election ballot. It is essential that Contra Costa County receive its share of the one-half cent sales tax during the coming six months in order to preserve essential public safety services and assist in balancing the County' s Budget for the 1993-94 fiscal year. It is therefore recommended that the Board of Supervisors adopt the attached Resolution and direct that it be forwarded to the State Controller and other appropriate officials . THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Requesting an ) Allocation of Revenue from the ) Local Public Safety Fund and ) Ratifying the Statewide ) RESOLUTION NO. 93/ 442 Imposition of a One-Half Cent ) Sales Tax on the November 2, 1993) Special Election Ballot ) WHEREAS, the Legislature has passed and the Governor has signed into law SB 509 of the 1993-94 Regular Session of the Legislature (Chapter 73, -Statutes of 1993) , and WHEREAS, Chapter 73, Statutes of 1993, among other provisions, adds Chapter 6 .5. .(commencing with Section 30051) of Division 3 of Title 3 to the Government Code, and WHEREAS, Chapter 73, Statutes of 1993, also adds Sections 6051 . 6 and 6201 . 6 to the Revenue and Taxation Code in order to provide for an additional one-half cent tax for the privilege of selling tangible personal property at retail and on the storage, use, or other consumption in this state of tangible personal property purchased from any retailer (sales and use tax) , and WHEREAS, Government Code Section 30052, as added by Chapter 73, Statutes of 1993, requires as a condition of receiving its share of this additional sales tax revenue that the Board of Supervisors adopt a Resolution which does certain specified things and spend the proceeds of the one-half cent sales tax only on public safety services, as defined, and WHEREAS, without its share of this additional sales tax revenue, Contra Costa County faces a dramatic deficit for the 1993-94 fiscal year as a result of the State' s actions in transferring a portion of the County' s property tax revenue in order to offset a portion of the State' s own deficit, and WHEREAS, the Board of Supervisors can not, by refusing to adopt this Resolution, save its citizens from paying this additional sales tax, since the revenue paid in this County would otherwise simply be transferred by the State Controller to other counties, NOW THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA RESOLVED THAT: The Board of Supervisors requests an allocation of revenue from the Local Public Safety Fund, and BE IT FURTHER RESOLVED THAT: The Board of Supervisors ratifies the statewide imposition of an additional 1/2 percent rate of sales and use tax pursuant to Senate Constitutional Amendment 1 (Resolution Chapter 41, Statutes of 1993) on the November 2, 1993 special election ballot. PASSED on July 20, 1993, by unanimous vote of the Board members present. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 20th day of July 1993 . PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By Depi ty Clerk RESOLUTION NO. 93/442