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Sustainability: Hueneme, San Diego

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Oxnard Harbor Commissioners are adamantly opposing Measure M, a ballot initiative that would impose a city business license tax increase targeted at businesses operating at the Port of Hueneme and Naval Base Ventura County. San Diego’s Board of Port Commissioners has amended the port’s Cost Recovery Policy and User Fee Schedule as part of continuing efforts to refine the recently adopted program, implement efficiencies and facilitate a better user experience.

Hueneme Harbor Commissioners Oppose Business License Tax Ballot Initiative Targeted at Port Businesses

At their board meeting August 11, Oxnard Harbor Commissioners unanimously adopted a resolution opposing a ballot initiative that would impose a City of Hueneme business license tax increase targeted at businesses operating at the Port of Hueneme and Naval Base Ventura County.

Measure M would "eliminate taxes on home-based businesses to promote small business growth and increase/and or impose new taxes on other businesses for purpose of paying for general city services."  

According to the port, it would allow the city to increase taxes by percentages in the thousands. One port customer, for example, could potentially see a tax jump from $8,100 to $1.4 million for a 17,447 percent increase. The port warns it would put at risk the 3,306 jobs, $251 million in personal income, $185 million in direct business revenue, $38 million in local purchases, and $28 million in state and local taxes derived from port activity. 

Through a joint-use agreement, the Navy and the port work together to bring in more cargo and create more jobs, while preserving the missions of the naval base. The Navy base’s out-lease program bids out property for commercial use. One participant in this program is a major auto processor whose rent saves taxpayers millions of dollars during the term of the lease. 

"I am concerned about the negative impact Measure M will have on our Naval Base and port," said Commission President Mary Anne Rooney. "If the measure is passed, the overwhelming tax burden will drive away numerous enterprises who currently conduct business with the base and port. This would create a vacuum in the business community and cause irreparable damage to the local economy. It would be nothing short of a disaster."

Measure M claims to eliminate home-based business taxes, but according to the port, the impact is less than $10,000 to the city in revenue loss noted in the city's staff report. The port notes that port and Navy businesses already pay possessory interest taxes amounting to more than $840,000. Those tax revenues go to the city, local school districts, fire protection, water district and other critical services. That revenue, says the port, would be jeopardized by Measure M.

Of particular concern to the port is the fact that the measure was adopted without any dialogue with the port, naval base, Hueneme residents, and local businesses that would be impacted. The measure was posted July 18 and adopted on July 21, without engaging the community on any specifics of the new tax formula. The city has until August 22 to remove the measure from the ballot. With the city council in recess, there is no opportunity to appear before it and urge reconsideration. 

The board passed this resolution to bring all of these issues to light with the hope the city council will pull Measure M from the ballot. 

The resolution, opposition argument and letters supporting the opposition of Measure M are available here

Port of San Diego Amends Cost Recovery Policy

San Diego’s Board of Port Commissioners has amended the port’s Cost Recovery Policy and User Fee Schedule as part of continuing efforts to refine the recently adopted program, implement efficiencies and facilitate a better user experience.

The Cost Recovery policy was adopted in 2013 as part of efforts to ensure that the port adequately recovers costs for the services it provides that benefit businesses, individuals or entities as opposed to the public. Cost recovery through user fees is a best management practice in government recommended by the Government Finance Officers Association and mandated by the port’s enabling statute as a component of fiscal stewardship. 

At the time the policy was adopted, the port committed to ongoing review and modification as warranted. Since implementation began, the port has sought and received substantial feedback from stakeholders, including members of the port business community, which enabled staff to propose various refinements. In April 2014, the board amended the user fee schedule to cap initial deposit amounts to reduce upfront costs for development applicants and simplify the service agreement. At that time, the board also directed staff to explore waivers and other improvements to the policy.

At that April meeting in April, Board Chairman Bob Nelson formed a Cost Recovery Ad Hoc Committee to consider further refinements to the program. Based on the work of the Ad Hoc Committee, staff recommended the following additional revisions, which the board adopted on August 12:
  • Cost Recovery User Fees may be waived for certain 501 (c) (3) nonprofit organizations, port-sponsored events, port security and operational projects, scientific research projects, other public agencies that set up reciprocal agreements or a specific finance agreement, and projects initiated or requested by the port.
  • A $50 sublease fee has been eliminated to minimize impacts on tenants with short-term subleases.
  • A bundle fee for routine level services has been established to support businesses, especially small businesses, and facilitate tenant improvement projects.
  • Stormwater inspection fees have been eliminated to encourage compliance. Rather than charging fees for routine annual inspections, the port will seek to recover costs from non-compliant businesses. This approach supports the port’s effort to manage common resources in a sustainable way and to continue to improve water quality in San Diego Bay.
At the August 12 meeting, the board directed staff to continue analyzing the cost recovery program for procedures that could bring additional efficiencies. The board discussed the port’s two distinct roles: landlord, as well as regulatory and land-use authority. The board directed staff to review the distinction between these roles and how they relate to user fees. The board also directed staff to gather information about how other agencies with dual roles approach user fees. 
 

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