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HomeMy WebLinkAboutS06-City Manager . I CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Mana~ Subject: Discuss and take possible U RIG' N ""ftion con~erning B~siness Recruitment Dept: City Manager's Office t\hd Retention Incentives Date: August 4, 2006 Meeting Date: August 7,2006 Synopsis of Previous Council Action: Recommended motion: That the City Manager be directed to bring back the appropriate ordinances to reduce the City's utility tax rate to 7.83%, and to set a cap on business registration fees for motor vehicle dealerships. Contact person: Fred Wilson Phone: 384-5122 Supporting data attached: staff report Ward: All FUNDING REQUIREMENTS: Amount: Potential revenue reduction of $250,000 in FY 06-07 Source: (Accl. No.) (Accl. Description) General Fund Finance: Council Notes: Agenda Item No. 5Q> gj7/0Cf . , STAFF REPORT Subiect: Discuss and take possible action concerning Business Recruitment and Retention Incentives Backl!:round: During discussions concerning the potential sales tax to fund enhancements to public safety, key stakeholders have noted that business recruitment and retention are key factors in addressing the root causes of crime in the community. Many studies have found that as local economic conditions improve, crime rates typically decline as individuals have better employment opportunities and family incomes grow. Accordingly, job creation has been a very high priority ofthe Mayor and Council, along with enhancements to Police Department staffing. Following up on the concerns recently expressed, the following options may be explored to further enhance the City's business recruitment and retention efforts. Utility Tax Rate Reduction In California, 145 cities and 4 counties impose utility user's taxes (OUT). The tax rates vary from 1% to 11%, with the average rate being 5.5%. Approximately 50% of the state's residents and businesses are based in areas with utility tax. The City's UUT rate is currently 7.93%. The tax applies to electricity, gas, telephone (including cell phones), and cable services. Utility tax is the City's second largest source of revenue, and is projected to generate approximately $24 million in FY 06-07. The following table summarizes the highest utility tax rates found in California: Citv Culver City Seal Beach Richmond Compton Firebaugh Inglewood Los Angeles Lynwood Bell Santa Monica Pomona Pinole EI Cerrito Rialto San Bernardino Utilitv Tax Rate 11% 11% 10% 10% 10% 10% 10% 10% 10% 10% 9% 8% 8% 8% 7.93% In the San Bernardino-Riverside County area, San Bernardino's UUT rate is second only to Rialto: City Rialto San Bernardino Riverside Moreno Valley Fontana Desert Hot Springs Indio Palm Springs Colton Montclair Beaumont Utilitv Tax Rate 8% 7.93% 6.5% 6% 5% 5% 5% 5% 4% residential; 6% business 3.89% 3% In April 2004, Resolution 2004-108 was adopted to create a mechanism for a gradual reduction in the UUT rate. The reduction is based on a formula that compares the 5-year history of expenditure and revenue growth, and calls for a rate reduction if revenues outpace expenditures over that time period. In 2004, the City's UUT rate was reduced from 8% to 7.93% in accordance with the formula. Since that time, the annual calculation of the formula has not resulted in a rate reduction. In order to accelerate the reduction of the utility tax to improve the City's business climate, a .10% reduction in the rate could be considered at this time. That reduction would lower the rate to 7.83%, and would reduce General Fund revenues by approximately $300,000 annually. Because of the time required to provide notice to utilities concerning the change in the rate, the rate reduction could become effective January 1, 2007. It should be noted that utility tax revenues are already facing significant challenges, as federal actions and technological changes are anticipated to significantly erode UUT revenues generated from telecommunications in the coming years. However, the Mayor and Council may determine that it is in the City's best long-term economic interests to reduce the UUT rate even in the face of those challenges. It is recommended that any UUT rate reduction be contingent upon voter passage of the proposed .25% sales tax increase, so that if that sales tax is not passed, current revenues can at least be preserved. If the UUT rate were reduced, and the sales tax were not passed by the voters, then the City would be left in a worsened fiscal condition at a time when public safety needs are pressing. Business registration fees for motor vehicle dealerships Motor vehicle dealerships have historically been a key driver in sales tax generation in the city. Sales tax is the City's largest revenue source, providing approximately $40 million in revenue this fiscal year, or about 1/3 of General Fund revenues. Dealerships are also significant employers, and many positions provide higher than average wages. . , Retention and expansion of existing dealerships will provide additional revenues to fund key City services. In order to provide incentives to dealerships, some cities such as Riverside and Colton have capped business registration fees for these dealers. A $10,000 cap on business registration fees for motor vehicle dealers in San Bernardino would result in a reduction in annual business registration revenue of approximately $80,000. If a cap is imposed, staff recommends that the cap mirror that in Riverside, which rises annually by CPI or 5%, whichever is less. This will allow the cap to grow over time as gross receipts for dealerships also increase. In order to implement these proposed business recruitment and retention incentives, the existing City ordinances related to business registration and utility tax will need to be amended. If the Mayor and Council so direct, staff will prepare the appropriate ordinances for first reading. Financial Impact: Implementation of these business recruitment and retention incentives will result in a direct loss of revenue to the General Fund of approximately $380,000 annually. However, to the extent that these actions provide incentives to retain and attract businesses, these losses will be offset by growth in property tax, sales tax, and even utility tax revenues in the long run. Recommendation: It is recommended that the City Manager be directed to bring back the appropriate ordinances to reduce the City's utility tax rate to 7.83%, and to set a $10,000 cap on business registration fees for motor vehicle dealerships. 1 2 City Attorney DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING REDUCTION IN THE SERVICE USER'S TAX (UTILITY TAX) RATE. 3 4 5 6 7 8 9 "3.44.030 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.44.030 (A) of the San Bernardino Municipal Code is hereby amended as follows: 10 A. 11 12 13 14 15 16 17 18 19 20 24 25 26 27 28 Telephone Users Tax. A tax is imposed upon every person in the City using telephone communication services, including services for intrastate, inter-state, or international calls, and using any teletypewriter exchange services in the City. The tax imposed by this section shall be at the rate of 7.83 percent (7.83%) of the charges made for such services and shall be paid by the person paying for such services. Interstate calls shall be deemed to include calls to the District of Colombia." SECTION 2. Chapter 3.44.040 (B) of the San Bernardino Municipal Code is hereby amended as follows: "3.44.40 Video Users Tax. 21 22 23 "3.44.050 B. The tax imposed in this section shall be at the rate of 7.83 percent (7.83%) and shall be collected from the service user by the person providing the video services. The amount of tax collected in one month shall be remitted to the Director of Finance on or before the twentieth day of the following month." SECTION 3. Chapter 3.44.050 (A) of the San Bernardino Municipal Code is hereby amended as follows: Electricity Users Tax. A. A tax is imposed upon every person in the City using electrical energy in the City. The tax imposed by this section shall be at the rate of 7 .83 percent (7.83%) of the charges made for such energy and shall be paid by the person paying for such energy." III III DHC/js fUtility Tax.Ordinance] 1 2 3 4 5 6 7 A. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING REDUCTION IN THE SERVICE USER'S TAX (UTILITY TAX) RATE. SECTION 4. Chapter 3.44.060 (A) of the San Bernardino Municipal Code is hereby amended as follows: "3.44.060 Gas Users Tax. A tax is imposed upon every person in the City using gas which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of 7.83 percent (7.83%) of the charges made for such gas and shall be paid by the person paying for such gas." 8 9 10 11 12 13 14 15 16 SECTION 5. Chapter 3.44.065 (A) of the San Bernardino Municipal Code is hereby amended as follows: "3.44.065 Application of City Users Tax. The 7 .83 percent (7.83%) users tax imposed on telephone communication services pursuant to section 3.44.030, on CATV service pursuant to section 3.44.040, on electrical service pursuant to section 3.44.050, and on gas service pursuant to section 3.44.060 shall be imposed only upon charges made for consumer services. The 7.83 percent (7.83%) users tax shall not be levied upon any state or federal tax, fee or surcharge which is separate from the users service charges. This section is intended to clarify existing law; it does not propose any change in the method of calculation of the utility users tax." . 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2 3.44 OF THE SAN BERNARDINO MUNICIPAL CODE CONCERNING REDUCTION IN THE SERVICE USER'S TAX (UTILITY TAX) RATE. 3 4 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 5 meeting thereof, held 6 on the day of 7 COUNCIL MEMBERS: AYES 8 ESTRADA 9 BAXTER 10 VACANT 11 12 DERRY 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 , 2006, by the following vote, to wit: NAYS ABSTAIN ABSENT Rachel G. Clark, City Clerk 19 20 The foregoing Ordinance is hereby approved this _ day of ,2006. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 Approved as to Form: 24 25 JAMES F. PENMAN, City Attorney 26 27 By: 28 DHCljs [Utility Tax.Ordinance] 3