HomeMy WebLinkAboutRes 2024-031
RESOLUTION NO. 2024-031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, CALLING FOR THE PLACEMENT OF A GENERAL TAX
MEASURE ON THE BALLOT FOR THE NOVEMBER 5, 2024, GENERAL
MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED
VOTERS OF AN ORDINANCE TO ENACT A GENERAL TRANSACTIONS
AND USE TAX (SALES TAX) AT THE RATE OF ONE CENT (1¢)
WHEREAS, the City of Palm Desert (“City”) is authorized to levy a Transactions
and Use Tax (“TUT”) for general purposes pursuant to California Revenue and Taxation
Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to
Article XIIIC, section 2 of the California Constitution (“Proposition 218”); and
WHEREAS, pursuant to California Elections Code section 9222, the City Council
has authority to place local measures on the ballot to be considered at a Municipal
Election; and
WHEREAS, the City Council would like to submit to the voters at the November 5,
2024, General Municipal Election a measure establishing the rate of the TUT of one cent
(1¢) on the sale and/or use of all tangible personal property sold at retail in the City until it
is repealed by voters, as more specifically set forth in the attached proposed ordinance
adding Chapter 3.26 to the City’s Municipal Code; and
WHEREAS, the one cent (1¢) TUT is a general tax, the revenue of which will be
placed in the City’s general fund and will be used to pay for general City services; and
WHEREAS, on November 6, 1996, the voters of the State of California approved
Proposition 218, an amendment to the State Constitution which requires that all general
taxes which are imposed, extended or increased must be submitted to the electorate and
approved by a majority vote of the qualified electors voting in the election; and
WHEREAS, pursuant to Proposition 218 (California Constitution, Article XIIIC,
section 2(b)), the general rule is that any local election for the approval of an increase to a
general tax must be consolidated with a regularly scheduled general election for members
of the governing body of the local government; and
WHEREAS, the next regularly scheduled general election at which City Council
members will be elected is November 5, 2024; and
WHEREAS, pursuant to Revenue and Taxation Code section 7285.9, a two-thirds
(2/3) vote of all members of the City Council is required to place the Measure on the
November 5, 2024 ballot; and
WHEREAS, the ordinance to be considered by the qualified voters and the terms of
approval, collection and use of the general TUT are described and provided for in the
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Resolution No. 2024-031 Page 2
ordinance/measure attached hereto as Exhibit “A” (the “Measure”) and by this reference
made an operative part hereof, in accordance with all applicable laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct
and are hereby incorporated and made an operative part of this Resolution.
SECTION 2. Submission of Ballot Measure. Pursuant to California Elections
Code section 9222, Government Code section 53724, Revenue and Taxation Code
section 7285.9 and any other applicable requirements of the laws of the State of
California relating to the City, the City Council, by a two -thirds (2/3) vote of all members,
hereby orders the Measure to be submitted to the voters of the City at the General
Municipal Election to be held on Tuesday, November 5, 2024.
SECTION 3. The City Council, pursuant to California Elections Code section
9222, hereby orders that the ballot question for the Measure shall be presented and
printed upon the ballot submitted to the qualified voters in the manner and form set forth
in this Section 3. On the ballot to be submitted to the qualified voters at the General
Municipal Election to be held on Tuesday, November 5, 2024, in addition to any other
matters required by law, there shall be printed substantially the following ballot question:
“PALM DESERT SAFETY, ROADS, CITY SERVICES MEASURE.
To maintain Palm Desert’s long-term finances, City services such as
9-1-1 emergency medical/police/fire response, fire protection,
response to property crime/thefts, keeping public areas safe/clean,
maintaining streets, roads parks, youth/senior programs;
retain/attract local businesses; and for general government use, shall
the measure establishing a 1¢ sales tax generating approximately
$25,000,000 annually until ended by voters, requiring public
spending disclosure, funds controlled locally, be adopted?”
YES
NO
SECTION 4. Conduct of Election. The City Clerk is autho rized, instructed, and
directed to procure and furnish any and all official ballots, printed matter and all
supplies, equipment and paraphernalia that may be necessary in order to properly and
lawfully conduct the election. In all particulars not recited in this Resolution, the election
shall be held and conducted as provided by law for holding municipal elections.
SECTION 5. Impartial Analysis. Pursuant to Elections Code section 9280, the
City Council hereby directs the City Clerk to transmit a copy of the Measure to the City
Attorney. The City Attorney shall prepare an impartial analysis of the Measure, not to
exceed 500 words in length, showing the effect of the Measure on the existing law and
the operation of the Measure, and transmit such impartial ana lysis to the City Clerk not
later than the deadline for submittal of primary arguments for or against the Measure.
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The impartial analysis shall include a statement indicating whether the Measure
was placed on the ballot by a petition signed by the requisite number of voters or by the
City Council. In the event the entire text of the Measure is not printed on the ballot, nor
in the voter information guide, there shall be printed immediately below the impartial
analysis, in no less than 10-font bold type, the following: “The above statement is an
impartial analysis of Ordinance or Measure ___. If you desire a copy of the
ordinance or measure, please call the Office of the City Clerk at (760) 346 -0611
and a copy will be mailed at no cost to you.”
SECTION 6. Notice of the election is hereby given and the City Clerk is authorized,
instructed and directed to give further or additional notice of the election, in time, form and
manner as required by law.
SECTION 7. Placement on the Ballot. The full text of the Measure shall not be
printed in the voter information guide, and a statement shall be printed on the ballot
pursuant to Elections Code section 9223 advising voters that they may obtain a copy of
this Resolution and the Measure, at no cost, upon request made to the City Clerk.
SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day
prior to the General Municipal Election to be held on Tuesday, November 5, 2024, file with
the Board of Supervisors and the Registrar of Voters of the County of Riverside, State of
California, a certified copy of this Resolution.
SECTION 9. Public Examination. Pursuant to Elections Code section 9295, this
Measure will be available for public examination for no fewer than ten (10) calendar days
prior to being submitted for printing in the voter information guide. The City Clerk shall
post notice in the Clerk’s office of the specific dates that the examination period will run.
SECTION 10. The City Council hereby finds and determines that the Measure
relates to organizational or administrative activities of governments that will not result in
direct or indirect physical changes in the environment, and therefore is not a project within
the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA
Guidelines, section 15378(b)(5).
SECTION 11. Severability. The provisions of this Resolution are severable and if
any provision of this Resolution is held invalid, that provision shall be severed from the
Resolution and the remainder of this Reso lution shall continue in full force and effect,
and not be affected by such invalidity.
SECTION 12. This Resolution shall become effective upon its adoption.
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SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED ON JUNE 13, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
APPROVED AS TO FORM:
ISRA SHAH
CITY ATTORNEY
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2024-031 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on June 13, 2024 by the
following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
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6/14/2024
Resolution No. 2024-031 Page 5
Exhibit “A”
Transactions and Use Tax Ordinance
[attached behind this page]
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Resolution No. 2024-031 Page 6
ORDINANCE NO. _____
AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM
DESERT, CALIFORNIA, ADDING CHAPTER 3.26 TO TITLE 3
OF THE PALM DESERT MUNICIPAL CODE TO ENACT A ONE
PERCENT (1%) GENERAL TRANSACTIONS AND USE TAX
(SALES TAX) TO BE ADMINISTERED BY THE CALIFORNIA
DEPARTMENT OF TAX AND FEE ADMINISTRATION
WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the
City of Palm Desert (“City”) is authorized to levy a Transactions and Use Tax for general
purposes, subject to majority voter approval; and
WHEREAS, the People of the City desire add Chapter 3.26 to Title 3 of the Palm
Desert Municipal Code establishing a general Transactions and Use Tax (“TUT”) until
ended by voters, on the sale and/or use of all tangible personal property sold at retail in
the City, at a rate of one percent (1%).
NOW, THEREFORE, THE PEOPLE OF THE CITY OF PALM DESERT DO
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Title and Text. This Ordinance shall be known as the “Palm Desert
General Transactions and Use Tax”, the full t ext of which is set forth in Attachment “1”,
attached hereto and incorporated herein by reference.
SECTION 2. Approval by the City Council. Pursuant to California Government Code
section 53724 and Revenue and Taxation Code section 7285.9, this Ordinance w as
duly approved for placement on the ballot by a minimum two -thirds (2/3) supermajority
of all members of the City Council on June 13, 2024.
SECTION 3. Approval by the Voters. Pursuant to California Elections Code section
9217, this Ordinance shall be deemed adopted and take effect only if approved by a
majority of the eligible voters of the City of Palm Desert voting at the General Municipal
Election of November 5, 2024. It shall be deemed adopted when the City Council has
certified the results of that election by resolution and shall take effect ten (10) days
thereafter.
SECTION 4. Operative Date. “Operative Date” for the Transactions and Use Tax
means the first day of the first calenda r quarter commencing more than 110 days after
the date this Ordinance is adopted, as set forth in Section 3 above.
SECTION 5. 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.
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I hereby certify that the Palm Desert General Transactions and Use Tax Ordinance
was PASSED, APPROVED, AND ADOPTED by the People of the City of Palm Desert
on the 5th day of November, 2024.
CITY OF PALM DESERT
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
APPROVED AS TO FORM:
_________________________________
ISRA SHAH, CITY ATTORNEY
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Chapter 3.26 – GENERAL TRANSACTIONS AND USE TAX
Sections:
3.26.010 - Title.
3.26.020 - Purpose.
3.26.030 - Contract With State.
3.26.040 - Transactions Tax Rate.
3.26.050 - Place of Sale.
3.26.060 - Use Tax Rate.
3.26.070 - Adoption of Provisions of State Law.
3.26.080 - Limitations on Adoption of State Law and Collection of Use Taxes.
3.26.090 - Permit Not Required.
3.26.100 - Exemptions and Exclusions.
3.26.110 - Amendments.
3.26.120 - Enjoining Collection Forbidden.
3.26.130 - Duration of Tax
Sections:
3.26.010 – Title.
This ordinance shall be known as the “City of Palm Desert General Transactions and
Use Tax Ordinance”. The City of Palm Desert hereinafter shall be called “City.” This
ordinance shall be applicable in the incorporated territory of the City.
3.26.020 – 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 which authorizes 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 exist ing statutory
and administrative procedures followed by the California Department of Tax and Fee
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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.
3.26.030 - 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 first day of the first calendar quarter following the execution of such a
contract.
3.26.040 - 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 said territory on and after the operative date of this ordinance.
3.26.050 - 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 o f
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.
3.26.060 - 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%) of the sales price of the property. The sales price shall include delivery
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charges when such charges are subject to state sales or use tax regardless of the place
to which delivery is made.
3.26.070 - 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 1 (commencing 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.
3.26.080 - 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 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, California Victim Compensation Board, California Department of Tax
and Fee Administration, 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 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 reference to Sections 6701, 6702 (except in the last sentence thereof), 6711,
6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
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B. The word “city” shall be substituted for the word “state” in the phrase “retailer
engaged in business in this state” in Section 6203 of the Revenue and Taxation
Code and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that,
in the preceding calendar year or the current calendar year, has total combined
sales of tangible personal property in this state or for delivery in the State by the
retailer and all persons related to the retailer that exceeds five hundred thousand
dollars ($500,000). For purposes of this section, a person is related to another
person if both persons are related to each other pursuant to Section 267(b) of
Title 26 of the United States Code and the regulations thereunder.
3.26.090 - 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.
3.26.100 - 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 c ounty 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 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
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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 subparagraphs (3) and (4) of this subsection, 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 pu rsuant 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 subparagraphs (3) and (4) of this subsection, 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
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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 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.
3.26.110 - 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.
3.26.120 - 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 an d Taxation Code, of any tax or any amount of
tax required to be collected.
3.26.130 – Duration of Tax.
The tax imposed by this chapter shall continue until this ordinance is repealed.
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