extent the rate may lawfully be increased — whether because another use tax expires, the Legislature increases the statutory aggregate maximum use tax applicable to the City, or otherwise.
FISCAL IMPACT
Unable to be determined until after the election to determine new possible revenue sources.
STRATEGIC PLAN
Prepared by: William P. Curley, III, City Attorney
Certified as to availability of Funds: Janelle Samson, Director of Operations Approved by: Ronda Perez, City Manager
Approved as to form: William P. Curley, III, City Attorney
ATTACHMENT
Reso. No. CC 2024-070, including proposed ordinance
RESOLUTION NO. CC 2024-070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
ORDERING THAT AN ORDINANCE BE SUBMITTED TO THE VOTERS
AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, APPROVING ENACTING AN AMENDMENT TO THE CITY’S
TRANSACTIONS AND USE TAX, DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE, SETTING
PRIORITIES FOR FILING A WRITTEN ARGUMENT RELATING TO THE
BALLOT MEASURE, AND PROVIDING FOR REBUTTAL ARGUMENTS
RELATING TO THE BALLOT MEASURE
I. Intent of the City Council
The health and safety of all residents, businesses and visitors to the City of Palmdale (“the City”) is this City Council’s highest concern and commitment; and The City continues its commitment to establishing and enhancing its commitment to strong community partnerships, safe neighborhoods and parks, quality services to support residents, and professional, respectful and responsive city employees to make the City a strong, caring and safe community for all residents; and The City has been proactive in its actions to protect residents during the COVID- 19 pandemic, to beneficially reopen businesses and partner with local employers to ensure a strong economic recovery, serving as a model for other cities in Los Angeles County such as Lancaster; and
The City is committed to maintaining accelerated 911 emergency response times, youth, veteran and senior community benefit services, ensuring that public spaces are safe and clean, providing tangible benefits to assist homelessness remediation, repairing streets, and maintaining other essential city services; and The City faces serious fiscal challenges due to inflation, budget concerns of the State and post Covid 19 impacts with funding for public services threatened as a result; and
The City currently expects an alarming increase in costs without equal increase in revenues. This will severely limit its ability to provide these essential City services; and The City Council has directed critical cost-saving measures, while working hard to maintain a necessary level of service to the community; and Additional locally controlled funding is necessary to protect essential city services and keep our community growing strong, healthy and safe into the future; and This City Council proposes to submit to City voters an ordinance to automatically increase the City’s Transaction and Use Tax if, whenever, and to the extent permitted by applicable law; and
The Transaction and Use Tax revenue increase will now remain in the City of Palmdale (overseen by a community oversight committee); and II. Resolution
THEREFORE, THE CITY COUNCIL OF THE CITY OF PALMDALE DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals that describe the purpose of the Council’s actions are true and correct. The recitals are hereby incorporated into the operative provisions of this Resolution by this reference.
SECTION 2. The City Council intends to call, and has done so, the City’s General Municipal Election, to be held on Tuesday, November 5, 2024, for the purpose of submitting the ordinance attached hereto as Attachment 1 (the “Ordinance”) and incorporated herein to the voters pursuant to Section 9222 of the California Elections Code.
SECTION 3. The full text of the Ordinance is attached to this Resolution as Attachment 1 and shall be printed in the voter pamphlet. The measure to be submitted to the voters shall appear on the ballot as follows:
City of PALMDALE
Palmdale Essential Services Protection Measure
“Shall an ordinance protecting Palmdale’s long-term financial stability; maintaining essential city services; repairing streets/potholes; addressing homelessness; maintaining 911 emergency response; keeping public areas safe/clean for all; retaining local businesses; protecting local water sources; maintaining veterans, senior, mental health, community
programs; by amending the city’s sales and use tax ordinance to provide an automatic increase, to the maximum extent permitted by applicable law, to Palmdale’s sales and use tax rate if, when, and to the extent the rate may lawfully be increased — whether because another use tax expires, the Legislature increases the statutory aggregate maximum use tax applicable to the City, or otherwise — be adopted?” YES
NO
A copy of the Ordinance shall be available for inspection by the public in the City Clerk’s Office, located at 38300 Sierra Highway Suite C, Palmdale, CA 93550. In addition, a copy of the ordinance shall be available, upon request, to any voter at the expense of the City.
SECTION 4. The proposed Ordinance enacts a general tax as defined in Article XIIIC of the California Constitution, and shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at the election.
SECTION 5. The proposed ordinance shall be submitted to the voters for approval in compliance with the election resolutions to be adopted by the City Council, with the addition of the following:
A. The City Attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280.
B. The City Council hereby authorizes the following members of the legislative body to prepare and submit a ballot argument in favor of the measure pursuant to Elections Code Section 9282: [INSERT NAMES].
C. The City Council hereby authorizes rebuttal arguments, for this measure only, to be submitted pursuant to, and consistent with the requirements of, Elections Code Section 9285.
D. In all particulars not recited in this Resolution and the election resolutions to be adopted by the City Council, said election for the ballot measure described in Section 3 shall be held and conducted as provided by general law for holding municipal elections.
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED, APPROVED and ADOPTED this 10th day of July, 2024, by the following vote:
_________________________________
Approved as to form: Austin Bishop, Mayor
ATTEST:
___________________________ _________________________________ William P. Curley, III, City Attorney Rochelle Scott, City Clerk I, Rochelle Scott, City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a regular meeting of said Council held on the 10th day of July, 2024 by the following roll call vote:
AYES:
NOES:___________________________________________________________ ABSTAIN:______________________ABSENT:___________________________ Date: ___________
Rochelle Scott, City Clerk
ATTACHMENT 1
[PROPOSED ORDINANCE]
A-1
ORDINANCE NO. 1644
AN ORDINANCE OF THE CITY OF PALMDALE AUTOMATICALLY
INCREASING THE TRANSACTIONS AND USE TAX IF,
WHENEVER, AND TO THE EXTENT PERMITTED BY APPLICABLE
LAW
I. Intent of the City Council
(i.) On November 3, 2020, voters passed Measure M, which enacted Chapter 3.14 of the Palmdale Municipal Code and established an additional sales tax of 0.75% within the City of Palmdale (“City”) to fund essential services including street repair, addressing homelessness, emergency response, public safety, maintaining local businesses, protecting water sources, and programs for seniors, veterans, mental health and the community, thereby increasing the total sales tax rate in City from 9.5% to 10.25%; and (ii.) The City is committed to strong community partnerships, safe neighborhoods and parks, quality services to support residents, and respectful and responsive City employees to make the City a strong, caring and safe community for all residents; and (iii.) The City has been proactive in its actions to protect residents during the COVID- 19 pandemic, to safely reopen businesses and partner with local employers to ensure a strong economic recovery, serving as a model for other cities in Los Angeles County; and (iv.) The City is committed to maintaining quick 911 emergency response times, youth, veteran and senior services, keeping public spaces safe and clean, addressing homelessness, repairing streets, and maintaining other essential City services; and WHEREAS, like the rest of the State and the country, the City faces serious fiscal challenges due to many factors, including inflation, new public interests and increasing community needs, due in part from the aftermath of the COVID-19 pandemic with funding for high-priority services threatened as a result; and
WHEREAS, the City currently expects an alarming decrease in revenues that will severely limit its ability to provide these essential City services; and WHEREAS, the City has taken cost-saving measures, including implementing hiring and salary freezes for existing employees, reduced operating budgets, capital outlay and a workforce reduction by the elimination of vacant positions; and WHEREAS, additional locally controlled funding is necessary to protect essential City services and to keep the community strong, healthy and safe into the future; and WHEREAS, the City Council proposes to submit to City voters an ordinance to automatically increase the City’s Transaction and Use Tax if, whenever, and to the extent permitted by applicable law; and
THE PEOPLE OF THE CITY OF PALMDALE DO HEREBY ORDAIN AS
FOLLOWS:
Section 1. Recitals. The above recitals, in Section I. Intent of the City Council, are true, correct and constitute a substantive part of this Ordinance.
Section 2. Amendment of Municipal Code. The following sections of Chapter
3.21 (“Transactions and Use Tax”) of the Palmdale Municipal Code are hereby amended to read as follows:
(a) Section 3.21.040 of the Palmdale Municipal Code is hereby amended in its entirety to read as follows:
3.21.040 Transactions Tax Rate.
A. 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 three-quarters of a cent per dollar (0.75 percent) of the gross receipts of any retailer from the sale of all tangible personal property sold at retain in said territory on and after the operative date of the ordinance codified in this chapter.
B. If, whenever, and to the extent the rate specified in the preceding paragraph may lawfully be increased —
whether because another transactions tax expires (e.g., a transactions tax imposed by the County of Los Angeles
expires), the Legislature increases the statutory
aggregate maximum transactions tax applicable to the
City, or otherwise — it shall automatically increase to the maximum extent and rate permitted by law.
(b) Section 3.21.060 of the Palmdale Municipal Code is hereby amended in its entirety to read as follows:
3.21.060 Use Tax Rate.
A. 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 codified in this chapter for storage, use or other consumption in said territory at the rate of three-quarters of a cent per dollar (0.75 percent) 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.
B. If, when, and to the extent the rate specified in the preceding paragraph may lawfully be increased —
whether because another use tax expires ( e.g., a use tax imposed by the County of Los Angeles expires), the
Legislature increases the statutory aggregate maximum
use tax applicable to the City, or otherwise — it shall automatically increase to the maximum extent and rate
permitted by law.
Section 3 Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this ordinance or any part thereof. The people of the City of Palmdale hereby declares that they would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional, invalid or ineffective.
Section 4. Election Required. This Ordinance shall not become effective unless and a until it is approved by a majority of City voters at the General Municipal Election to be held November 5, 2024.
Section 5. Further Acts. Upon approval by the voters, the City Clerk shall certify to the adoption of this Ordinance and shall cause this ordinance to be published or posted as required by law.
PASSED, APPROVED and ADOPTED by the voters of the City of Palmdale, State of California, at a municipal election held on November 5, 2024.
ATTEST: APPROVED:
ROCHELLE SCOTT AUSTIN BISHOP
City Clerk Mayor
City of Palmdale City of Palmdale
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Austin Bishop, Mayor
SUBJECT: Monthly Informational Report – Events and Meetings DATE: July 10, 2024
During the period June 1, through June 30, 2024, I attended the following meetings and events:
Jun.1: Sheriff’s VIDA Program Graduation
Jun. 1: Antelope Valley 4th Annual Pride Walk 2024
Jun. 3: Vets 4 Veterans Richard McGeary Memorial Golf Tournament Jun. 4: Meeting with SiFi
Jun. 5: Legacy Commons Advisory Board Installation
Jun. 5: Spanish Talk Radio
Jun 5: Status Report meetings with City Attorney
Jun. 5: Regular City Council Meeting
Jun. 6: Meeting with Pathway Homes
Jun. 7: Delta Scientific Corp. 50th Anniversary
Jun. 8: AV Taco Festival
Jun. 13: County Sanitation District 14 and 20 Board Meeting Jun. 15: Seasons of Service: Desert Clean Up
Jun. 18: AVAQMD Board Meeting
Jun. 18: Casa Del Concrete Ribbon Cutting
Jun. 18: Council Briefings re: Agenda Items
Jun. 19: Juneteenth Celebration
Jun. 21: AV Chambers 122nd Installation Banquet
Jun. 23: AQMNI & Disrumpo Mural Program Culmination Event Jun. 26: California High Speed Rail Authority Board Meeting Jun. 26: Palmdale Sheriff’s Station 26th Anniversary Celebration Jun 26: Regular City Council Meeting
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Richard Loa, Mayor Pro Tem
SUBJECT: Monthly Informational Report – Events and Meetings DATE: July 10, 2024
During the period June 1 through June 30, 2024, I attended the following meetings and events:
Jun.1: 100th Anniversary Celebration of the Littlerock Dam Jun. 3: Council Briefing re: Agenda Items
Jun. 5: Palmdale Sheriff Booster Board of Directors Meeting Jun. 5: Spanish Talk Radio
Jun 5: Status Report meetings with City Attorney
Jun. 5: Regular City Council Meeting
Jun. 8: AV Taco Festival
Jun. 13: County Sanitation District 14 and 20 Board Meeting Jun. 18: AVAQMD Board Meeting
Jun. 19: Juneteenth Celebration
Jun. 24: Council Briefings re: Agenda Items
Jun. 25: AVTA Board of Directors Meeting
Jun. 26: Palmdale Sheriff’s Station 26th Anniversary Celebration Jun 26: Regular City Council Meeting
Jun. 27: Antelope Valley Fair JPA Board Meeting and Swearing in Ceremony Jun. 27: Walk on Words Poetry Unveiling at Yellen Park
Jun. 27: Flag Ceremony in Honor of Firefighter Andrew Pontious
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Laura Bettencourt, Councilmember
SUBJECT: Monthly Informational Report – Events and Meetings DATE: July 10, 2024
During the period June 1 through June 30, 2024, I attended the following meetings and events:
Jun.1: 100th Anniversary Celebration of the Littlerock Dam Jun. 3: Council Briefing re: Agenda Items
Jun 5: Status Report meetings with City Attorney
Jun. 5: Regular City Council Meeting
Jun. 8: AV Taco Festival
Jun. 18: Council Briefings re: Agenda Items
Jun. 19: Juneteenth Celebration
Jun 26: Regular City Council Meeting
Jun. 27: Flag Ceremony in Honor of Firefighter Andrew Pontious
CITY OF PALMDALE
OFFICE OF THE CITY COUNCIL
M E M O R A N D U M
TO: City Clerk
FROM: Eric Ohlsen, Councilmember
SUBJECT: Monthly Informational Report – Events and Meetings DATE: July 10, 2024
During the period June 1, through June 30, 2024, I attended the following meetings and events:
Jun.1: Antelope Valley 4th Annual Pride Walk
Jun. 3: Vets 4 Veterans Richard McGeary Memorial Golf Tournament Jun. 4: Meeting with SiFi Networks
Jun. 5: Status Report meetings with City Attorney
Jun. 5: Regular City Council Meeting
Jun. 6: Meeting with AV Mall
Jun. 8: AV Taco Festival
Jun. 18: Council Briefings re: Agenda Items
Jun. 19: Juneteenth Celebration
Jun. 23: AQMNI & Disrumpo Mural Program Culmination Event Jun. 23: AVTA Board of Directors Meeting
Jun. 26: Palmdale Sheriff’s Station 26th Anniversary Celebration Jun 26: Regular City Council Meeting
Jun. 27: Meeting with US Forest Service