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CITY OF NEWPORT BEACH
CHARTER UPDATE COMMISSION STAFF REPORT
Agenda Item No. 3
March 2, 2010
FROM: Office of the City Attorney
David R. Hunt, City Attorney
949/644-3131, dhunt@newportbeachca.gov
SUBJECT: Newport Beach Charter Section 1107
RECOMMENDATION:
It is recommended the Newport Beach Charter Update Commission ("Commission")
leave Newport Beach Charter Section 1107 ("Section 1107") unchanged since it is
currently consistent with the California Constitution.
DISCUSSION:
Section 1107 establishes various ad valorem property taxes within the City.' The
Commission is researching whether the tax provisions in Section 1107 need to be
amended in light of Proposition 218 or Proposition 13. Proposition 218, passed in 1996,
requires certain taxes to be submitted to a vote of the people prior to taking effect. While
Proposition 13 passed in 1978, places a 1 % limitation upon ad valorem taxes.
Section 1107 was adopted in 1966 and predates both Proposition 218 and Proposition 13.
This predating is important because it "grandfathers" in the City's tax and tax methodology
under Proposition 218. (AB Cellular LA, LLC v. City of Los Angeles (2007) 150
Cal.App.4th 747, 763; Cal. Gov. Code § 53750(h)(2)(B).) It also allows the City to rely
upon an exception to the 1% limitation in Proposition 13. (Carman v. H.B. Alvord (1982)
31 Cal.3d 318, 333; Cal. Const. Art. 13A Section 1(b)(1).)
Any change to Section 1107 may jeopardize its current status under Proposition 218 and
Proposition 13. Therefore, we strongly recommend leaving Section 1107 unchanged.
1 Ad valorem property tax is defined as any tax imposed on the basis of the value of real property. (Cal.
Revenue and Taxation Code § 2237.2(f).)
Charter Section 1107 — Ad Valorem Taxes
March 2, 2010
Page 2
Prepared by:
OFFICE OF THE CITY ATTORNEY
By
Michael orres, Deputy City Attorney
Attachment: Charter Section 1107
icable
Submitted by:
OFFICE OF THE CITY ATTORNEY
BC �t V��
David R. Hunt, City Attorney
ATTACHMENT
Charter Update Commission
March 2, 2010
Charter Section 1107
CHARTER OF THE CITY OF NEWPORT BEACH
Page 1 of 1
Section 1107. Tax Limits.
(a) The City Council shall not levy a property tax, for municipal purposes, in excess of
One Dollar ($1) annually on each One Hundred Dollars ($100) of the assessed value of
taxable property in the City, except as otherwise provided in this Section, unless authorized
by the affirmative votes of three-fifths of the electors voting on a proposition to increase such
levy at any election at which the question of such additional levy for municipal purposes is
submitted to the electors. The number of years that such additional levy is to be made shall
be specified in such proposition.
(b) There shall be levied and collected at the same time and in the same manner as other
property taxes for municipal purposes are levied and collected, as additional taxes, if no other
provision for payment thereof is made:
1. A tax sufficient to meet all liabilities of the City for principal and interest of all
bonds and judgments due and unpaid, or to become due during the ensuing fiscal year, which
constitute general obligations of the City; and
2. A tax sufficient to meet all obligations of the City to the State Employees'
Retirement System for the retirement of City employees, due and unpaid or to become due
during the ensuing fiscal year.
(c) Special levies in addition to the above, may be made annually for the following
purposes in amounts not to exceed the limits hereinafter respectively enumerated in this
Section, on each One Hundred Dollars ($100) of the assessed value of taxable property in the
City:
1. For libraries in an amount not to exceed fifteen cents.
2. For advertising and promotion in an amount not to exceed ten cents.
3. For parks, beaches, civic beautification, recreation and playgrounds in an amount
not to exceed fifteen cents.
The proceeds of special levies may be used solely for the respective purposes for which
such levies have been made. (As amended effective April 28, 1966)
http://www.codepublishing.com/CA/NewportBeach/html/NewportBeachCH.html 02/25/2010