HomeMy WebLinkAbout01-25-1993 Item #6. L
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Suggested Action
City Council Meeting January 25. 1993
Agenda Item No.
CITY OF NEWPORT BEACH
Mayor and Members of the City Council
JAN 2 5 1993
Economic Base Model and Assistance with Restructuring of
Business License Tax
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C- 2775
If desired, authorize the proposed study and direct staff to execute the proposed contract
with Municipal Resowee Consultants.
Discussion
In response to a variety of issues currently before the City Council involving land use
allocation changes the Council expressed concern about the impact of land use allocation
changes on municipal revenue. In response to the City Council's concern staff suggested
that a fiscal impact /economic base study could be performed. The purpose of the proposed
fiscal impact /economic base study is to create a parcel by parcel geobased tool to evaluate
existing and proposed land use allocations in various areas of the City for their impact on
municipal revenue. Within the parameters of the geobased model, the model will provide
fiscal impact information, in addition to other considerations such as traffic and community
character, to guide land use decisions . After a proposal, reference check and interview
process a contract with Municipal Resource Consultants (MRC) is recommended for
approval. Because of the Revenue Department's familiarity with MRC's expertise in the
area of municipal revenue, staff requested during the interview that the consultant revise
the study to include assistance with the City's current business license restructuring effort.
The purpose of this restructuring effort is to create a more stable fiscal environment for the
City.
The revised and recommended service proposal involves four major areas. The first service
area is development of a Geobased Revenue Information Program (GRIP) Database. This
parcel by parcel database is the foundation of the study; it will create a basis for allocation
of revenues and expenditures and enable the creation of a fiscal impact /economic base
model. The City will receive an on line geobased database from which future analyses can
draw necessary information. While revenue information will be entered at the parcel level,
all confidential information will be protected by the model. The GRIP Database will be
developed as follows.
TO: CiAuncil - 2.
• Meet with City's designated staff to review service objectives and scope, MRC
workplan schedule, public relations, and logistical matters; MRC will also establish .
an appropriate liaison with the City's coordinator and define logical checkpoints for
reviewing progress.
.., S, id};City- provided data such as current year's budget, financial statements, general
plan, maps, special reports and studies (economic, market, feasibility, eta) that
provide relevant background or insight.
• Evaluate regulatory provisions for each of the City's discretionary revenue sources.
Consider enforceability, coverage, fairness, equity, local competitiveness, and
motivation for businesses to expand or locate within the City.
• Develop an inventory of the land parcels, major buildings, commercial, industrial,
institutional, governmental and residential (other than single family) revenue
generators located within the City's borders.
• Link payments from each of the City's Core Business Activity Revenue Generators
to determine the total contribution from each entity. Link any "exact match"
Revenue Generator entity names to produce limited Citywide Revenue Generator
identification.
• Capture all available or taxpayer - provided elements of physical presence (e.g., land,
buildings, employees) for each of the City's Core Business Activity Revenue
Generators.
• Capture magnetically available land and buildings areas for each of the City s
Residential Revenue Generators.
• Convert all data into a common electronic medium.
• For each Core Business Activity Revenue Generator: ascertain name, address,
primary business activity, assessor parcel number, parcel size, land use (building
space occupied and number of employees to be included where available), revenue
source, and City's portion of revenue generated.
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• Determine revenue productivities (in $ /employee, $ /square foot of building occupied,
and $ /acre of owned land) and, similarly, per unit allocated expenses for each Core •
Business Activity Revenue Generator on both an individual and group basis. The
individual revenue basis is confidential and is not able to be shared outside the City's
Revenue Department.
• Prepare and install GRIP Query System for on -site access by City.
TO: City Council - 3.
Another function of the GRIP Database is to provide the City with the factual basis to
is create and maintain a municipal revenue structure. This is a second area of proposed work.
It will involve evaluation of all City revenue sources and a recommendations report
concerning the City's revenue sources. Even though this portion of the study will involve
all sources of revenue, the primary focus of the work will be the restructuring of the City's
business license revenue, the activity for which staff requested assistance. The
recommended business license revenue structure is scheduled to be completed and ready
for the public hearing process by March. The revenue rate ranges will be ready for public
hearing the following month. The City will receive a city spec computerized business
license revenue model which will allow the City to analyze the effects of different revenue
structures. A administrative manual will also be provided. The process to accomplish this
area of work is as follows.
• Meet with City's designated personnel to establish appropriate liaison procedures and
review items such as service objectives and scope, MRC workplan schedule and
milestones, City data sources, public relations, and logistical matters.
• Review City's existing business license and other revenue ordinances.
• • Conduct interviews with City personnel.
• Develop understanding of the discretionary revenue ordinances, and especially the
business license revenue ordinance, in the City's overall revenue strategy.
• Determine what effects the changing nature of the local economy and business mix
have had on the City.
• Assess the existing ordinances' strengths, weaknesses, opportunities and threats based
on criteria and considerations such as:
* How does Newport Beach compare to neighboring and similar -size cities
across all taxes, revenue per capita, and revenue per million dollars of
assessed value?
* To what degree is the City's revenue sufficient, stable, and predictable?
* Do the ordinances take into account an individual business type's ability to
• pay based on profitability, competition, or locational
advantages /disadvantages?
* Does proximity to infrastructure amenities, natural resources, or other
attractions provide competitive advantages for the City's businesses?
* How does the ordinance provide for fairness and equity?
Does each business class generate sufficient revenue to fund its relative
share of municipal services?
TO: City Council - 4.
How many businesses presently located in the City are covered or not
covered by the discretionary revenue ordinances?
To what extent do the same or different classes of business likely to
contribute similar amounts of revenue in proportion to their physical
presence within the City, given the existing revenue structure?
* Competitiveness. Does the ordinance enhance or impair the City's ability to
attract and retain businesses.
* Motivation. Does the ordinance create an economic incentive for businesses
to generate revenue to the City from other sources, such as sales tax or use
tax?
* Diversification. Does the ordinance provide for a revenue structure that is
broadly based and evenly distributed across numerous types of businesses and
revenue generators - -or is it heavily dependent on just a few major sources?
* Effectiveness. Does the ordinance encourage compliance and lend itself to
enforcement?
• Meet with City staff, Council, and members of the City's Business Community to
share findings of the Strategic Review and Assessment and to build consensus for
effective, equitable, and economically efficient changes to the existing business
license ordinance. Issue a formal, concise report on the issues raised and results
achieved at each meeting.
• Be available to meet with business leaders, citizen advisory groups, the Chamber of
Commerce, media, and other to explain the service objectives and to answer other
related questions.
• Facilitate City goal - setting worksessions to include discussion of criteria to be
considered in reviewing and revising the City's business license revenue ordinance as
a counterweight to balance the City's strategies for revenue replacement and
economic development.
• Formally document City's business climate and business community's input on the
subject. Any combination of meetings, phone surveys, and questionnaires can be
selected by the City. The City's desired program will be implemented in a timely and
professional manner.
A third part of the proposal is the fiscal impact /economic base model. The City will receive
a menu - driven query system model that accesses the GRIP Database in order to provide
revenue and expenditure profiles for each type of land use in each area of the City. A users
manual will also be provided. This economic study tool will enable the evaluation of
existing and proposed land use allocations in various parts of the City for their impacts on
municipal revenue. The fiscal impact /economic base model is scheduled for completion by
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TO: City Council - 5.
July /August. The process for completion of the fiscal impact /economic base model is as
follows.
• Prepare a cost allocation of City services using City's historical data provided by City
staff, multiple repression techniques, and experience to allocate all significant public
service costs.
• Prepare a revenue allocation from City's historical revenue data.
• Create a revenue /expenditure profile for each type of land use in each area of the
City.
• Create the Fiscal Impact Model's computational spreadsheet.
• Perform economic studies for all commercial areas in the City.
The fourth work area is an expanded revenue audit service. During the interview the
consultant proposed that the difference between the amount budgeted for the study and the
fee for the study could be "self funded" by the City's contract revenue audit service and that
the contract audit service be expanded to include other revenue sources to help.generate
funds. MRC currently provides the City a contract sales /use tax audit service. The current
contract sales /use tax audit service would be expanded to include franchise fees,
documentary transfer tax, and transient occupancy tax. The fee for the audit service is 25%
of the one -time amounts recovered for all four sources of revenue and 25% of incremental
amounts that the City and MRC agree will produce ongoing revenues. Fees on ongoing
revenues realized from sales /use tax will continue to be paid for six quarters and fees on
ongoing revenues realized from franchise fees, documentary transfer tax, and transient
occupancy tax will continue to be paid for twelve quarters. The City's portion of the
revenue discovered by the contract audit service would be paid as collected to cover the
already performed and unbudgeted portion of the study. The City will be liable to pay only
additional revenue actually received after the date of this contract, that results from MRCS
audit effort and are subject to an audit fee, towards the unbudgeted portion of the study fee.
Utilizing the revenue audit receipts to pay for the study commits the City to collection of
delinquent revenues found by the consultant. The unbudgeted portion of the study fee is
the maximum amount of money to come from the City's portion of consultant discovered
revenue. If the consultant does not discover sufficient revenues through the expanded audit
service to pay for the entire unbudgeted portion of the study fee, the consultant does not
receive the full fee for the study. The expanded revenue audit service is an ongoing service.
The City would pay up to one half of the budgeted funds during the initial phase of the
study and the other half upon completion of the study. Payment of the study fee from
consultant discovered revenue would be payable when the City receives the money. There
may be future model update costs if staff requires assistance with updating of the model
during the first year or two of operation. The maximum cost of annual update assistance
would be a not -to- exceed fee. This fee would be a function of the amount of work
preformed by staff.
TO: Citykuncil - 6.
The process used to implement the audit service is as follows.
• Meet with City's designated staff to review service objectives and scope, MRC •
workplan schedule, public relations and logistical matters. MRC will also establish
an appropriate liaison with the City's coordinator and define logical checkpoints for
reviewing progress.
• Review applicable provisions of the City's municipal code and ordinances adopted
by the City.
• Physically canvass and evaluate the revenue generating elements of the City's
economic base, such as the land parcels, major buildings, commercial, industrial,
institutional and governmental users.
• Represent the City for the purpose of examining records pertaining to franchise fees,
documentary transfer tax, and transient occupancy tax in order to identify and
confirm errors /omissions that are resulting in deficient payment to the City.
• For each error /omission identified and confirmed, prepare documentation to
substantiate and facilitate recovery of revenue due from prior periods (plus
applicable interest and penalties) and prevent recurring deficiencies in current and •
future years.
• Prepare and forward to the appropriate parties "date of knowledge" requests for
corrective action and revenue recovery.
• Meet with designated City official(s) as necessary to review and discuss our findings
and recommendations.
• Provide additional assistance as necessary to support the City in recovering and
preventing tax deficiencies.
• On a quarterly basis, MRC shall provide the City with audit progress reports that
include, but are not limited to, the following:
Status of audit work in progress, including copies of reports provided to
taxpayers /intermediaries addressing each reporting error /omission
individually, including where applicable the business name, address, telephone
number, account identification number, individuals contacted, date(s) of •
contact, nature of business, reason for error /omission and recommended
corrective procedure.
Actual revenue produced for the City by MRCS audit service on a quarterly
and cumulative basis.
Projected revenue forthcoming to the City as a result of MRCS audit service,
delineated according to source, timing and one -time versus ongoing.
TO:
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City Council - 7.
* Alphabetical listing of all errors /omissions detected for the City by MRC
including, for each: the account number, correction status, payment amount
received by the City, period to which payment is related and payment type
(e.g., reallocation, deficiency assessment, etc.).
Respectfully submitted,
PLANNING DEPARTMENT
JAMES D. HEWICKER, Director
By / i.> /A
Craig T. 131u 011
Principal Ph inner
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Attachment: Contract with Exhibit "C ", the proposal.
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