Item Coversheet

Agenda Item No: 16.






AGENDA REPORT

DATE:

July 16, 2024 

TO:

Mayor and City Council

FROM:

David Gassaway, City Manager


SUBJECT:Approve and Order Submitted to the Voters of the City of Fairfield Ordinance 2024-04 Amending Chapter 10B Business License Taxes of the Fairfield Municipal Code for Modernization and Simplification of the Business License Tax to be Placed on the November 5, 2024 Ballot and Adopt Resolution 2024-189

RECOMMENDED ACTION 
  1. Approve an ordinance (Attachment 1) of the voters of the City of Fairfield amending Chapter 10B Business License Taxes of the Fairfield Municipal Code; and
  2. Adopt a resolution (Attachment 2) ordering that the Ordinance be submitted to the qualified electors of the City of Fairfield to modify Chapter 10B Business License Taxes of the Fairfield Municipal Code for modernization and simplification of the Business License Taxes, at the General Election to be held on Tuesday, November 5, 2024.
STATEMENT OF ISSUE 
To increase revenue and address maintaining essential city services, the City is considering a Fairfield Business License Modernization and Simplification Measure. The decision about whether to enact such a funding measure, which would adjust some existing business license tax rates, would be considered by Fairfield voters at the General Election held on Tuesday, November 5, 2024. If a majority of voters (50% plus 1) support the measure, it would go into effect on January 1, 2025.
DISCUSSION

Fairfield is a full-service city, equipped with its own City-run police, fire, park, and public works including water utility services. The health, safety, and welfare of all residents in the City of Fairfield (“the City”) is the City’s top priority. The City of Fairfield faces a structural budget deficit that it is trying to solve; and the general fund pays for important City services such as police, fire, and paramedic services; 911 emergency response; emergency street repairs and maintenance; neighborhood park and recreation services; and general municipal services to the public.

 

At the March 12, 2024, City Council Study Session, the council directed staff to bring back approval of Transient Occupancy Tax and Business License Tax Modernization and Simplification Ballot measures to a future council meeting to be considered for submission to the voters at the November 2024 election. Any changes to Fairfield’s business license tax rates must be approved by local voters.  If approved by local voters, these measures would provide additional locally controlled funding for essential services, including:

 

  • Fixing potholes and maintaining Fairfield’s 793 miles of local streets
  • Maintaining 9-1-1 emergency response times
  • Supporting firefighters, paramedics, and police patrols
  • Maintaining city parks and public areas
  • Supporting senior, afterschool and recreational programs for children, families and seniors

 

The City of Fairfield requires businesses operated in Fairfield to obtain a business license and pay an associated annual tax to help support the roads, infrastructure, and services used by local businesses. 

 

Fairfield’s business license ordinance was last updated in 1984 and includes a complicated structure of 24 tiered rates for different types of businesses. The structure is difficult to administer, and a lot has changed in the 40 years since it was last updated, including new industries and dramatic changes to how people work. There is also a concern that the current structure places an unfair burden on small businesses and does not ensure that larger businesses pay a fair share for the city services and infrastructure they utilize.

 

To ensure Fairfield’s business license tax is equitable, fair, and reflects the current local economy, the City is considering changes to modernize and simplify the structure. The proposed changes are designed to attract, retain, and encourage business growth and job creation in Fairfield while simplifying oversight and compliance. The proposed changes could generate approximately $1 million in additional annual funding for local essential services. For comparison, the existing business license tax rates in neighboring cities are set forth below.

 

Table: Business License Tax Rates in Nearby Cities

 

Sample Business

City’s
Current Rates

Proposed Rates

Napa

Vacaville

Vallejo

Small Craft Business:

1 employee / $20,000

$20

$55

$20

$65

$63

Café / Limited-Service Restaurant:

2 Employees / $80,000

$70

$105

$80

$135

$132

Barbershop:

3 Employees / $150,000

$110

$242

$150

$135

$219

Commercial Contractor:

5 Employees / $250,000

$170

$374

$250

$135

$279

Property Rental (Residential/Commercial):

4 Employees / 35 Units / $750,000

$350

$840

$165

$140

$84

Doctors Office:

20 Employees / $2,000,000

$1,036

$2,291

$500

$320

$1,211

Industrial Business / Service:

300 Employees/ 30,000 sqft / $15,000,000

$1,624

$2,195

$7,500

$5,250

$4,135

Supermarket /Retailer:

90 Employees / $25,000,000

$3,990

$4,896

$25,000

$575

$6,758

 

Proposed Language for Business License Modernization and Simplification Measure

Election on November 5, 2024

THE FAIRFIELD Business License Modernization and Simplification Measure

MEASURE L:

 

Fairfield Business License Modernization and Simplification Measure. To protect essential city services such as pothole/street repair; fire protection/9-1-1 response; neighborhood police patrols; city park maintenance; senior and youth programs; and for general government use, shall the measure be adopted modernizing and simplifying Fairfield’s business license ordinance, with rates of $55 and up, and other rates as specified in the ordinance, until ended by voters, providing approximately $1,000,000 annually, including independent audits?

 

 

YES

 

 

NO

 

The proposed measures would be subject to fiscal accountability protections to ensure funds are spent properly, including:

 

  • Required public disclosure of all spending and mandatory annual audits
  • No funds may be taken away by the State
  • All funds would stay in Fairfield for local services and infrastructure only

 

To qualify for the ballot, 2/3 of the City Council (5 of 7 members) are required to vote affirmatively to approve the business license tax ordinance. If a council member is absent from the meeting, 5 City Council Members are still required to vote affirmatively for the item to qualify for the ballot. If so, approved by the council, and then passed by a majority of the voters (50% plus 1) on Tuesday, November 5, 2024, it would go into effect on January 1, 2025.


FINANCIAL IMPACT

The proposed changes could generate approximately $1 million in annual funding for local essential services to the general fund. The projections are based on current economic data and trends and are subject to change with changes to economic activity within the City.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 

The City hired a consultant, TeamCivX and Godbe Research, to assist with creating the ballot language and educational materials, which included polling research to advise Council on the measures. The survey includes standard polling questions asking prospective voters about the measures. Prospective voters received email, text message, and phone call requests to participate in the survey. The survey was commissioned by GRA and McGuire Research to collect input about the TOT and Business License ballot measures. The results of the survey are attached to provide additional information to the Council in making their final decision to place the measures on the November ballot.


ALTERNATIVE ACTION 

State law requires that such measures coincide with local City Council elections for public vote on the November 2024 General Election. The City Council could also forgo placing a revenue measure on the ballot. If such direction is given, then no further action is necessary.

STAFF CONTACT 

Savita Chaudhary, Assistant City Manager

(707) 428-7582

schaudhary@fairfield.ca.gov


COORDINATED WITH 
City Attorney's Office, City Manager's Office, Community Development Department, Finance Department
ATTACHMENTS:
Description
Attachment 1: Proposed Ordinance
Attachment 2: Proposed Resolution
REVIEWERS:
ReviewerActionDate
Chaudhary, SavitaApproved7/2/2024 - 8:49 PM
Dombrowski, DelaneyApproved7/3/2024 - 11:45 AM
Dombrowski, DelaneyApproved7/3/2024 - 11:46 AM