This is an archive of a past election.|
See http://www.smartvoter.org/ca/scl/ for current information.
City Services and Facilities
City of Campbell
Sales Tax - Majority Approval Required
Pass: 10,657 / 70.54% Yes votes ...... 4,451 / 29.46% No votes
Index of all Measures
|Results as of Nov 25 11:10am, 100.0% of Precincts Reporting (20/20)|
|Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text|
In order to maintain and protect City services and facilities, such as City streets and pothole repair, fire protection and 911 emergency medical services, police patrols, neighborhood watch and crime prevention programs, the Community Center, recreation programs, and parks, shall the City of Campbell be authorized to enact a one-quarter cent sales tax, with all proceeds placed in the City's General Fund with independent annual financial audits?
The 1/4-cent sales tax would be in addition to the current sales tax, and would be collected in the same manner as the existing sales tax. Presently, the combined State and local sales tax rate in Campbell totals 8 1/4 cents per dollar. Of this amount, the State receives 6 1/4 cents, the City receives 1 cent, the Santa Clara County Transit District receives 1/2 cent, and the Santa Clara Valley Transportation Authority receives 1/2 cent.
Each year an independent auditor shall complete a financial compliance and audit report to include the revenue raised by the tax and its expenditure.
The proposed tax is authorized by State law subject to approval by two-thirds of the City Council and a majority of the voters voting in an election on the tax. On August 5, 2008, the Campbell City Council unanimously approved the proposed measure. A full copy of the text is printed in these ballot materials.
If approved by a majority of the voters at the November 4, 2008 election, the Measure O 1/4-cent sales tax would become operative beginning on April 1, 2009.
A YES vote will approve the measure.
William R. Seligmann
|Arguments For Measure O|
Vote YES on O - Preserve essential services now and protect our quality of life in Campbell for the future.
Did you know that due to the weak economy and the state budget crisis, the City has been forced to make significant reductions to vital city services? Campbell has been forced to make millions of dollars in cuts, including:
YES on O - Several hundred Campbell citizens and community leaders provided input on priorities that led to the development of Measure O to address our budget challenges.
YES on O maintains current levels of public safety and police services, including anti-drug, gang, and neighborhood crime prevention programs.
YES on O maintains rapid response time for fire and 9-1-1 emergency medical services and prevents further cuts to police patrols and overdue street repairs.
YES on O offsets revenue that Campbell has lost to the State; Campbell may lose even more due to the State's multi-billion dollar deficit.
YES on O generates local funds for OUR local needs. Every cent stays in Campbell to maintain the services important to residents.
Campbell is a special community with excellent services and programs that residents value. YES on O maintains support for services that are vital to Campbell's character.
YES on O to keep Campbell a quality community.
/s/ Donald R. Burr
(No arguments against Measure O were submitted)
|Full Text of Measure O|
|ORDINANCE NO. 2111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMENDING THE CAMPBELL MUNICIPAL CODE, ENACTING A 1/4 CENT TRANSACTIONS AND USE TAX FOR MAINTENANCE OF VITAL CITY SERVICES TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 3.09 is hereby added to Title 3 ("Revenue and Finance") of the Campbell Municipal Code, to read as follows: "Chapter 3.09 Vital City Services Maintenance and Protection Transactions and Use Tax
3.09.010. TITLE. This ordinance shall be known as the "Campbell Vital City Services Maintenance and Protection" Transactions and Use Tax Ordinance. The City of Campbell hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.
3.09.020. OPERATIVE DATE. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.
3.09.030. 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 majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
3.09.040. 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.
3.09.050. 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 0.25% 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. Such tax shall be in addition to any other transactions tax imposed by this Code or applicable State law.
3.09.060. 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.
3.09.070. 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 0.25% 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. Such tax shall be in addition to any other use tax imposed by this Code or applicable State law.
3.09.080. 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.
3.09.090. 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:
1. When 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;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.
3.09.100. 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.
3.09.110. 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.
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.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.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.
3.09.120. AMENDMENTS. A. 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 unless any increase in the rate of this tax is first approved by the voters of the City of Campbell voting on such question.
B. Pursuant to California Elections Code Section 9217 or any successor statute, the City Council of the City of Campbell may amend or repeal this ordinance and any of its exhibits, but not increase or extend the rate of tax imposed herein, or the indebtedness authorized hereunder, without the approval of the voters of the City of Campbell voting on such question.
3.09.130. 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.
3.09.140. 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.
3.09.150. USE OF TAX PROCEEDS. (a) All proceeds of the tax levied and imposed hereunder shall be paid into the General Fund for use by the City of Campbell.
3.09.160. ANNUAL AUDIT. By no later than December 31st of each year, the City's independent auditors shall complete a Financial and Compliance Audit Report to include the revenue raised and expended by this tax.
SECTION 2. EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect 10 days following certification by the City Council of approval of the ordinance by a majority vote of the qualified voters of the City voting.
NOES : Councilmembers: None
ABSENT : Councilmembers: None
/s/ Donald R. Burr
/s/ Anne Bybee