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RTC#03-173

May 13, 2003

SUBJECT:

Appointment of An Ad Hoc Committee to Consider Increasing Existing and/or Establishing New Local Taxes and Budget Modification No. 44

REPORT IN BRIEF

At its May 6th, 2003 meeting, the City Council set in motion the creation of an ad hoc advisory committee that will provide a recommendation to Council regarding increasing existing and/or establishing new local taxes. On May 13th, Council is expected to appoint 14 members to this committee, to select up to three Council members to serve on the committee, and to appoint a committee chairperson.

BACKGROUND

Point 5 of the 6-Point Action Plan to address the City's budget crisis included the potential of increasing existing and/or establishing new fees, charges, and local taxes. City staff presented a detailed report on fees, charges, and local taxes to Council on May 6, 2003. Council endorsed the concept of establishing an ad hoc advisory committee to assist the City Council in its consideration of increasing existing or establishing new local taxes.

Council established both the committee's assignment and the process to be used in appointing committee members. The committee has been assigned three tasks. They are:

  1. Examine further the potential for increasing existing local taxes and/or establishing new local taxes. This would include the following local taxes:
Existing Taxes

Business License Tax
Construction Tax
Transient Occupancy Tax
Utility Users Tax

New Taxes

General and Special Taxes
Parcel Taxes
Benefit Assessments
Mello-Roos Community Facilities Tax.

The ad hoc committee will examine the questions and issues raised by Council members as they considered the staff report on potential fees, charges and local tax increases, and as Council provided preliminary policy guidance to City staff. Through a separate motion, Council also included consideration of a real estate transfer tax, a satellite television utility user’s tax, a cable television utility user’s tax and a general tax measure and advisory measure similar to the Valley Transportation Agency’s Measure B as matters to be examined by the committee.
  1. Recommend a package of increases to existing taxes and/or the establishment of new taxes for consideration by the City Council. This recommendation should include a suggested timetable for voter action on those increases to existing taxes and/or the establishment of new taxes that require voter approval.
  2. Develop a recommended public information campaign that can be used to inform and educate Sunnyvale residents about any proposed increases to existing taxes and/or new local taxes that the City Council decides to take to the voters. This campaign would be designed to help voters make informed decisions if tax related issues are placed on future ballots. The campaign would not be designed or structured to advocate a certain position on any one tax related issue or the overall need to raise or establish new taxes in light of the City's budget crisis.

Council also determined the process for appointing committee members. Each Council member would appoint two committee members, who are either a representative of a business located in Sunnyvale or a registered voter/ Sunnyvale resident. Council would select up to three of its members to serve on the committee and determine the process for selecting the committee chairperson.

Council members were asked to forward their appointments to the Mayor so that the committee could be established at the May 13th City Council meeting.

EXISTING POLICY

The Community Participation Sub-Element to the City General Plan contains several goals, policies, and action statements that address public education and involvement. These can provide guidance for the City Council as it considers establishing an ad hoc advisory committee to assist Council on this issue. Examples of goals and policies include:

Goal 7.2A Achieve a community in which citizens and businesses are informed about local issues and City programs and services.

Policy 7.2A.1 Use community and business organizations and networks as a resource for community education and outreach.

Goal 7.2B Achieve a community in which citizens and businesses are actively involved in shaping the quality of life and participate in local community and government activities.

Policy 7.2B.1 Plan for and encourage citizen involvement in the development and implementation of City and community programs and services.

DISCUSSION

The Mayor will distribute a consolidated list of Council members' appointments to the ad hoc advisory committee at the May 13th City Council meeting. At this time, it would be appropriate to select up to three Council members to also serve on the committee, and to determine how to select a committee chairperson. The Council could appoint a committee chairperson from among the 17 committee members. As an alternative, the committee itself could select the chairperson. Either method could be used; the method selected is a policy decision for the City Council.

It will be important for the committee to know which general taxes, special taxes, or combination that the community most likely would support. To accomplish this, a revenue and tax study needs to be completed. Through this effort, registered voters in the community would be polled, and polling results would be analyzed to determine the level of preference for specific types and combinations of local taxes. This work will be completed by a company with specialized expertise in this area. A company representative(s) would also attend committee meetings to better understand the extent and scope of our budget crisis, and to present its findings and recommendations to the committee.

This committee will need to complete its work in a very short time period. It is expected that the committee will present its recommendation(s) to Council no later than July 15th. Staff from the Office of the City Manager and the Finance Department will support the committee. Attachment A is the appointment letter that could be sent under the Mayor's signature to the 14 committee members.

FISCAL IMPACT

Other than staff hours to support the committee, there is no fiscal impact in establishing this ad hoc advisory committee. Depending on the nature of the committee's recommendation(s), Council's actions, and the outcome of any proposal that requires voter approval, there could be considerable added revenue generated to the City from increasing existing and/or establishing new local taxes. Estimated additional revenues were described when possible in the report discussed at the May 6th Council meeting.

Staff requests that Council authorize Budget Modification No. 44 to allocate $50,000 from General Fund Non-Recurring Events to fund the Revenue and Tax Study special project. These funds will be used for professional fees required to complete several tasks. These include determining preference levels within the community for different types of general and/or special taxes, analyzing polling results, preparing the revenue and tax study, attending meetings of the ad hoc advisory committee, and presenting study findings and recommendations.

BUDGET MODIFICATION NO. 44
FISCAL YEAR 2002/2003

Current

 

Increase
(Decrease)

 

Revised

 

General Fund

Expenditures:

 

 

 

 

 

New project - Revenue and Tax Study

$ 0

 

$ 50,000

 

$ 50,000

 

 

 

 

 

 

 

 

 

 

 

 

Reserves:

Non-Recurring Events

$1,148,892

($50,000)

$1,098,892

PUBLIC CONTACT

Public contact was made through posting of the Council agenda on the City's official notice bulletin board, posting of the agenda and report on the City's web page, publication of the Council agenda in the San Jose Mercury News, and the availability of the report in the Library and the City Clerk's Office. In addition, Council members contacted Sunnyvale residents/registered voters and/or Sunnyvale business representatives to see if they would be interested to serve on this committee.

ALTERNATIVES

Three alternatives are available. They are:

  1. Create a 17 member ad hoc advisory committee to assist the City Council in considering whether to increase existing and/or initiate the process to establish new local taxes
  • by appointing 14 Sunnyvale registered voters/residents and/or business representatives,
  • by selecting up to three Council members to serve on the committee,
  • and by determining the process for selecting a chairperson.

Direct City staff to send the attached letter either as is or as revised to appoint committee members and to set the scope of assignment for the committee's work as described in this report. Approve Budget Modification 44 and allocate $50,000 to fund a new special project for Revenue and Tax Study.

  1. Direct staff to complete additional research on one or more specific issues, and to return this issue to Council for final action at the earliest possible regular or special meeting.
  2. Take no action at this time.

RECOMMENDATION

It is recommended that the Council approve alternative 1.

Prepared by:
Charles J. Schwabe,
Deputy City Manager

Approved by:
Robert S. LaSala
City Manager

Attachments

  1. Proposed Appointment Letter to the Members of the Ad Hoc Committee to Consider Increasing Existing and/or Establishing New Local Taxes

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