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DATE: July 2, 2013
TO: Honorable Mayor and City Council
STAFF REPORT
FROM: Hue Quach, Administrative Services Director
Office of the City Clerk
SUBJECT: ORDINANCE NO. 2311 AMENDING ARTICLE II, CHAPTER 6, PART 7
OF THE ARCADIA MUNICIPAL CODE BY REPEALING SECTION 2671.5
AND AMENDING SECTION 2671.6 RELATING TO GAS, WATER AND
ELECTRIC UTILITY USERS TAX RATES
Recommendation: Adopt
At its meeting of June 18, 2013, the City Council introduced Ordinance No. 2311
(attached) amending the Arcadia Municipal Code relating to gas, water and electric
Utility Users Taxes (UUT) Rates. Ordinance No. 2311 repeals Section 2671.5 and
amends Section 2671.6 of the current Ordinance. Repealing Section 2671.5
reestablishes water UUT to the originally- approved rate of 7% and amending Section
2671.6 reinstates the UUT to 7% for gas and electricity. Because the ordinance fixes
the rate of taxation within the City, it will take effect immediately upon adoption. It is
recommended that the City Council adopt the following Ordinance:
AN ORDINANCE NOT THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING ARTICLE II, CHAPTER 6, PART 7 OF THE
ARCADIA MUNICIPAL CODE BY REPEALING SECTION 2671.5 AND
AMENDING SECTION 2671.6 RELATING TO GAS, WATER AND
ELECTRIC UTILITY USERS TAX RATES; AND FINDING THAT THIS
ORDINANCE IS EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Appr,)--. ,t;
Dominic Lazzareftd
City Manager
Attachments: Ordinance No. 2311
June 18, 2013 Staff Report
ORDINANCE NO. 2311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING ARTICLE ll,
CHAPTER 6, PART 7 OF THE ARCADIA MUNICIPAL
CODE BY REPEALING SECTION 2671.5 AND AMENDING
SECTION 2671.6 RELATING TO GAS, WATER AND
ELECTRIC UTILITY USERS TAX RATES; AND FINDING
THAT THIS ORDINANCE IS EXEMPT FROM THE
REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 2671.5 of Article II, Chapter 6, Part 7 of the Arcadia
Municipal Code relating to Suspension of the Water Tax is hereby repealed in its
entirety.
SECTION 2. Section 2671.6 of Article Il, Chapter 6, Part 7 of the Arcadia
Municipal Code relating to gas and electric utility users tax is hereby amended to read
as follows:
2671.6. - ADJUSTMENT TO OR SUSPENSION OF A
PORTION Of- THE UTILITY USERS TAX RATE. -11 -11
1
f9r shall be five
(5%)
ef the Gharges
gas pepGeRt
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the
Ar-Gadia MURiGipal Code is in
utility user tax rate6 imposed
by
SubseGtion6 2671.1 •
effect, the
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billing .. appliGable or
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more being for differept another, _ forth On this
SeGti9R shall be eperative, and the duty tG GGllect • - tax pursuant to said
rate shall an'se separately fer eaGh billiRg period.
The utility users tax shall be reviewed
City Council may, by ordinance or resolution, adjust the rate or temporarily
suspend all or a portion of the tax, as appropriate to the financial condition
of the city. No adjustment to the rate or temporary suspension of the tax
shall constitute a decrease in a tax, or an increase in a tax requiring voter
approval under California Constitution Article XIIIC (Proposition 218);
provided the City Council's action does not increase the tax beyond the
maximum rate or methodology set forth in this voter- approved ordinance.
To the extent that any aspect of a rate adjustment or temporary tax
suspension is found to invoke such a requirement under Proposition 218,
the entire City Council action shall be deemed null and void ab initio, and
there shall be no entitlement to adjustment or suspension for any service
user."
SECTION 3. Pursuant to Section 419(c) of the City Charter, this Ordinance fixes
the rate of taxation within the City and, therefore, takes effect immediately upon
adoption.
SECTION 4. Pursuant to Arcadia Municipal Code, Section 2671.6, because this
Ordinance makes adjustments to gas, water and electric utility users taxation rates
within the 7% maximum rate previously approved by Arcadia voters in 2009, no further
voter approval or other action is required to make the adjustments set forth herein. The
City Council hereby reserves the authority to make future adjustments to utility users
taxation as provided in Section 2671.6.
SECTION 5. Pursuant to Public Utilities Code, Section 799(x)(5), the City
Council hereby directs staff to provide to affected utility suppliers written notice of the
rate adjustments made by this Ordinance along with all requisite supporting information.
Under Section 799(a)(5), affected utility suppliers are required to collect utility users tax
from utility users /customers at the newly adjusted rate not earlier than 60 days from the
date on which the affected utility suppliers receive the written notice and information
from the City, or if the 60th day is not the first day of a month, on the first day of the
month following the month in which the 60th day occurs.
SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of same to be published in the official newspaper of the City within
fifteen (15) days upon its adoption.
[SIGNATURES ON THE NEXT PAGE]
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Passed, approved and adopted this day of , 2013.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Step en P. Deitsch
City Attorney
4
Mayor of the City of Arcadia
ROPER MINA
21192
DATE: June 18, 2013
TO: Mayor and City Council
STAFF REPORT
Administrative Services Department
FROM: Hue C. Quach, Administrative Services Director
SUBJECT: INTRODUCE ORDINANCE NO. 2311 AMENDING ARTICLE II,
CHAPTER 6, PART 7 OF THE ARCADIA MUNICIPAL CODE BY
REPEALING SECTION 2671.5 AND AMENDING SECTION 2671.6
RELATING TO GAS, WATER AND ELECTRIC UTILITY USERS TAX
RATES
Recommendation: Introduce
SUMMARY
Since 1980's the City Council has collected utility users taxes (UUT) at a rate
significantly lower than the amount authorized in the City Code. In response to growing
pressures on the General Fund Budget, and in order to maintain the City's infrastructure
and service levels to the community, the City Council during the budget adoption
process directed staff to bring forward an action to return the UUT to its fully authorized
levels. Adoption of this ordinance would return the UUT to 7% on water, gas, and
electric utility bills and provide the City Council with the flexibility to lower it on an annual
basis, if desired.
BACKGROUND
The UUT rate of 7% was set by Ordinance No. 1645 on June 30, 1978, for gas,
electricity, and water. Following this Ordinance, on May 15, 1979, the City Council
opted to fully suspend the UUT on water. On June 3, 1980, the City reduced the gas
and electricity UUT rate to 5 %. The amounts collected have remained the same since
that time.
Ordinance Regarding Utility Users Tax Rates
June 18, 2013
Page 2 of 3
At the first Budget Study Session in April, staff raised concerns of near and long -term
budget pressures on the General Fund that are caused by annual inflationary costs,
CalPERS policy changes, the continued decline of pari - mutuel revenues, and declining
balances in the Equipment Replacement Fund. Without addressing these pressures,
service levels to the community may be compromised.
At the subsequent Budget Study Session, staff presented several alternatives to
enhance revenue streams in order to address and manage these impending pressures
without affecting services levels in the community. Based on the available options, it
was generally agreed by the City Council to pursue the return of the UUT to its City
Code - authorized tax rate of 7% for gas, electricity, and water bills. This direction was
incorporated into the proposed Budget, which was adopted on June 4.
Based on an opinion provided by the City Attorney, UUT can be reverted to the
maximum rate of 7% simply with City Council approval and are exempt from the
requirements of Proposition 218.
The attached Ordinance No. 2311 is presented to repeal Section 2671.5 and amend
Section 2671.6 of the current Ordinance. Repealing Section 2671.5 reestablishes water
UUT to the originally- approved rate of 7% and amending Section 2671.6 reinstates the
UUT to 7% for gas and electricity. The Ordinance has also been written to provide the
City Council with the discretion and flexibility to review the UUT annually and adjust the
rate below the maximum of 7% as appropriate.
This Ordinance fixes the rate of taxation within the City and, therefore, takes effect
immediately upon adoption. Telecommunications are exempt from the increase as that
5% rate was set by Measure A when it was approved by the voters in June 2009.
FISCAL IMPACT
As the reinstatement of UUT becomes effective, a full year's annual revenue is
projected to provide approximately $2 million to General Fund operations and allow for
additional funding support to the Capital Improvement and Equipment Replacement
Funds. The projected revenues for FY 2013 -14 are set at $1.675 million to account for
the expected timing and arrangement in implementing the UUT rates. It is expected
that the average homeowner in Arcadia will experience an increase of approximately
$6.98 per month in their total utility bills as a result of this action.
Ordinance Regarding Utility Users Tax Rates
June 18, 2013
Page 3 of 3
RECOMMENDATION
It is recommended that the City Council find that this action is exempt under the California
Environmental Quality Act; and introduce Ordinance No. 2311 amending Article II, Chapter
6 Part 7 of the Arcadia Municipal Code by repealing Section 2671.5 and amending Section
2671.6 relating to gas, water, and electricity utility users tax rates.
Approved:
Dominic Lazza
City Manager
Attachment: Ordinance No. 2311