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SR-092496-6D 60 CA:f:\atty\muni\strpts\srtax2d SEP 2 4 1996 city Council Meeting 9-24-96 santa Monica, California TO: Mayor and City Council FROM: city Attorney SUBJECT: Ordinance AII1ending sections 6.72.010, 6.72.070 and 6.72.090 of the Santa Monica Municipal Code INTRODUCTION At its meeting on September 10, 1996, the City council introduced for first reading an ordinance amending Municipal Code sections 6.72.010, 6.72.070 and 6.72.090 relating to the City's utility Users Tax. The ordinance is now presented to the city Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Marsha Jones Moutrie, City Attorney 60 SEP 2 .. 1996 - A:.ta::::hment to CuP -- Statement of Plnd1ngs ~5~8 Hll~ Sc~eet :. The proposed use lS completely conSlstent Wl th, and perQ~~~ed by, Callfeynla Goveynment Code S 65852 2 and S.K. Zon1ng Cede S 9 O~.12.08C {except only as to subsections (b), (~i and J:' See MeMorandum Oplrlon Number 88-2 daced Maych 8, 1980, =yom ~~ber~ M Myers, C.:~y Attorney, a~d ~aurl: ~leberman, ?ep~~Y"Clty "" --r-~-o\., -,.., -no "" Mayo"- a-..:l 01-}' Counc~; - "'Op'l 0- W!-,lC..... , S '-'---'-'~-.', ....'-' .... ~ 1 ~ HI..4 '- '- ~_, a ~ .i _ " ~. _ attac:r:ec. heyet.o (herelnafter the rrClty Attorney's OplI:lOn") 2 See G.C. & 65852.2 and Clty Attorney's Opln1on G.C v 65252 2 was =::,ys"C adopced .oy the Callfo:::-nla Leglslature and aDDYCVe~ bv :'~e Governor In 1986. In 1994, a dlfferent Leg.:slature a~c ~~==;rent Governor enacted and approved the followlng ., f~:1~~nqs, declayaClOnS, and lntent II (G C ~ 65852.150), to resolve a~v co~;t :.hat ::.t lS the publ1c policy of this State to lncrease a==~riab~e houslng In Callfornia by encouraglng second unlts ln s~:1g:e-=aTl:Y res::.den:'lal areas: "The Legislature finds and :.ie::::"ares tha:. second unlts are a valuable form of hous~ng ~n =a~:'::='rr:~a. Seco:lc units provlde hous1ng for famlly memoers, S~~8er:~s, ~~e elde~ly, ~n-hoMe health care orovlderr;, the dlsabled ~~~ =:~ers. a~ below-market prlces wlthin exist1ng ne~ghborhoods. ~=-eJ~~e~s ~~= c~ea~e second un1ts beneflt from added 1ncome, and ~u ::.:--::reasec:. se~se of securlt.y [~] IT: 1S the 1ntent of the ~e~:'s_a~~ye ~tat any se::::ond-unlt ordlnances adopced by local a:J"~:::: ::.es ::ave :r:e a;::ec~ o~ provldlnq fey t.he creat10n of seconll ----~- a:l~ ~~a~ prcvlSlons In t.hese ordlnances relatlng to matters ::'~=~~~::.r:g ~~lt slze, park::.ng, fees and other requlrernents, a~e not - ",,-r;:'-:"'-arv. cXcess~ve 0"" burdensome so as to un""easonablv ~es:~::.=:. c~e aDl~l~V of homeowne:::-s ~o create second ~n1ts In zones ::.~ ~~::.c~ :~ey are au:horlzed by locai ordlnance ~ ~ ~~e s~bJec: parce: lS especlally, and uncommonly, s~:.~a~~e foy ~h::.s ~ype of use, because of ~he slope of the property =:-:-::;c- :'r~e ?:.reet down to the alley. Flrst, the slope made it r::::SS:':::'~e -~, :lave a two-level accessory bU.lldlng, with only one ~e"e~ aD~ve .~~G Wlthout enough slope to permlt thls, such a use '~.::'...l:i reau::.re a one-level bu::..ldlng next to a garage. That would ~~jes::.ra~ly consume more yard area (Although thls klnd of prOJect =2~~s De Qone Wlt~ a one-level maln dwelllng buildlng, and a two- i"",~o- ac=esscry bUl.ldlng/second UnlT:, It lS unllkely that many proper~y owners would wan~ to so severely restrlct the Slze of the TaJ.:-~ :C".J.:,:!.cllng, glven the City's prohlb~tlon of two, two-story ~~::.~cJ.=gs en an Rl lot.) Second, on a lot wlth a slope from the 3~~ev QOwc to the stree!, a two-level accessory bUllding, llke the o:J.e wr..::.cr.:. 1S the sub] ect of thlS CUP, would not be permitted, Decause Dotr. levels would be above ANG (unless the maln building was on~y cne-scory) Thlrd,.lt would be proh1bitlvely expensive to ~~~~d tne ga:::-age below ANG on a property wlth a slope any steeper ~ha~ tta:. 0= ~ne subJect property. Fourth, this klnd of project W:::~~d be J.l'1pract.lcal or undeslrable for propertles without an alley. -~." 033~ r .~ 011 . ~ , (e) Telephone Corporation, Electrical corporation, and Gas Corporation. "Telephone corporation,lI "electrical corporation," and "gas corporation" shall have the same meanings as defined in section 234, 218, 222, 241 and 215.5, respectively, of the Public Utilities Code of the state of California, as said sections existed on January I, 1969. "Electrical corporation" shall be construed to include any municipality or franchised agency engaged in the selling or supplying of electrical power to a service user. (d) Tax Administrator. "Tax Administrator" shall mean the Director of Finance-City Controller of the City of Santa Monica. (e) Service supplier. "Service Suppl1.er" shall mean a person required to collect and remit a tax imposed by thlS Chapter. (f) Service User. "Service User" shall mean a person required to pay a tax imposed by this Chapter. (g) Month. "Month" shall mean a calendar month. SECTION 2. Section 6.72.070 of the Santa Monica Municipal Code is hereby amended to read as follows: 6.72.070 Collection of tax. (a) Every person receiving payment of charges from a Service User shall collect the amount of tax lmposed by this Chapter from the Service User. 2 . . . (b) The tax shall be collected insofar as practicable at the same time as and along with the collection of charges made in accordance with the regular billing practice of the Service Supplier. (c) The duty to collect tax from a Service User shall commence with the beginning of the first regular billing period applicable to that person which starts on or after the July 1, 1969. Where a person receives more than one (1) billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (d) Notwithstanding the foregoing, the Tax Administrator shall have the power both to waive the duty of the person required to collect tax from a Service User, and to impose such duty on a prospective basis only, so long as such waiver or such prospective appllcation is in writing and complies with any Administrative Rules adopted by Resolution of the city Council to facilitate the implementation of this Chapter. Except as otherwise permitted by ordinance or Administratlve Rules adopted by Resolution of the city Counc1l, the dec~sion of the Tax Administrator shall be f1nal and not appealable to the City Council, but 3 . r subject to judicial review pursuant to CCP section 1094.5. SECTION 3. section 6.72.090 of the Santa Monica Municipal Code is hereby amended to read as follows: 6.72.090 Penalty. (a) Taxes collected from a Service User which are not remitted to the Tax Administrator on or before the due dates provided in this ordinance are delinquent. ( b) Penalties for delinquency in remittance of any tax collected or any deficiency determination, shall attach and be paid by the person required to collect and remit at the rate of fifteen percent (15%) of the total tax collected or 1mposed herein. (c) The Tax Administrator shall have power to impose additional penalties upon persons required to collect and remit taxes under the provisions of this ordinance for fraud or negligence in reporting or remitting at the rate of fifteen percent (15%) of the amount of the tax collected or as recomputed by the Tax Administrator. (d) Every penalty imposed under the provisions of this section shall become a part of the tax required to be remitted. 4 . .. (e) The Tax Administrator shall have the power to reduce or to waive any penalty upon persons required to collect and remit taxes under the provisions of this Chapter so long as such reduction or waiver is in writing and complies with any Administrative Rules adopted by Resolution of the city council to facilitate the implementation of this Chapter. Any request for reduction or waiver of any penalty assessed pursuant to this section shall be made in writing no later than thirty {3 O} days following the assessment of the penalty. Except as otherwise permitted by ordinance or Administrative Rules adopted by Resolution of the city council, the decision of the Tax Administrator shall be final and not appealable to the City Council, but subJect to judlcial review pursuant to CCP section 1094.5. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordlnance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the prov1sions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or 5 . . unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: (~~--i0 MARSHA JONE$ MOUTRIE City Attor'ney 6 . .. dJ7~ ~~ Mayor State of Caltfonua ) County of Las Angeles) S5 CIty of Santa MOnIca ) I. Mana M. Stewart_ CIty Clerk of the Clly of Santa MOnIca. do hereby certIfy that the foregomg Ordmance Ko 1863 (CCS) had Its first readmg on September 10. 1996, and had Its second readmg on September 24. 1996 and ,vas passed by the follov\'lng vote Ayes CouncIl members Abdo, Ebner. Genser. Greenberg, Holbrook. O'Connor, Rosenstem ?\oes CouncIl members None Abstam CounCIl members Kone Absent CouncIl members None ATTEST '-- ~~ .(}~'~-~!~ CIty Clerk