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SR-212-003 (9) CA:RMM:r ~ City Council Mee~ 10-25-83 San" Monica, Californ~a 2/2~oC3 Y_~ STAFF REPORT 0 ~ ocr 2 5 19B3 TO: Mayor and City Counc~l FROM: City Attorney SUBJECT: Ordlnance Amendlng Munlc1pal Code Sect~on 6633 Relating to Utillty Tax Rebate and Exemptlon At ~ts meeting on September 13, 1983, the C~ty Council introduced for first reading an ordlnance provlding exemptlon procedures from payment of the City's utillty tax. Subsequent to that meeting, the Flnance Dlrector requested a modiflcation to the proposed ordinance. Accordingly, the ordlnance 1$ presented to the City Council once again for f1rst read1ng. The Flnance Dlrector, after meeting with the principal utility companles, has concluded that subdivlsion (e) (7) of the ordinance presents administrative problems for the City and the ut~llties. The subdivlsion provldes: (7) Notwithstanding any of the prOV~Slons of this Section, any serVlce supplier who determines by any means that a new or nonexempt service user is recelving serVlce through a meter or connection exempt by virtue of an exempt~on lssued to a preV10US user or exempt user of the same meter or connection, shall immedlately notlfy the Director of Finance of such a fact. The Director of Finance shall conduct an lnvestigatlon to ascertain f-A- OCT 2 5 '983 wheth~ or Section have not the provisions4ltf this complied with and, if been appropriate, order the service supplier to commence collect~ng the tax from the nonexempt serv~ce user. The utilities are concerned that they wlll have to establLsh additional administrative procedures for pollcing all service users and that the resulting costs would have to be passed along to the users. Further, the utllLtles are concerned about potential liability to a service user if that user is erroneously reported to the City as a violator, and the potential l~ability to the city for a failure to report all suspected violators. Moreover, the CLty does not have a current investigat1ve capacity to respond to referrals from the utilities. Finally, using existing budgeted resources. Clty staff will already be ver~fying annually the continued eliglbil~ty of exempt service users. For these reasons, the Finance Dirctor believes that subdivision (e)(7) should be ellminated. Pursurant to subdivision (e)(4), the utilities would contlnue to have the responsibility to termninate the exemption when the exempt service user moves. RECOMHENDATION It 15 respectfully recommended that the accompany~ng ordlnance be lntroduced for first read~ng. PREPARED BY: Robert M. Myers, C1ty Attorney e e CA: RMt1: r Clty Council Meetlng 1n-2S-83 Eanta Monica, Ca1lfornia OPDPTAFCF' t-,;O"Ut-1BER (C1ty Counc1l Series) AN ORDItTANCE OF THE CI'!'Y COUnCIL OF THE CITY OF SAl\:"'TA MONICA N-1ENDING MUNICIPAL CODE SECTlmI F.633 RELATING TO IITILITY TAX REBATFS At-Tl EXEMPTIONS SECTION 1. Sectlon 6633 of the Fanta Mon1ca Mun1cipal Code 1S anended to read as follows: SECTION 6633. Special Rebates and EXePlpt1on. (a) In addltlon to the refund procedures set forth 1n Section 6632, the re 18 hereby establishect speclal rebate ann exemptlon procedures for natural persons meeting the ellgiblllty crlterla estahl1shed by this Section. (b) To be el1glble for the special rehate or exewption prov1ded for In thlS Sectlon, a person rust be Slxty-two (n?) years of aqe or older, or such person Must neet the crlterla of d1sability as established by the Soclal Secur1ty Ad~in1strat1on's supplenental securlty 1 e e lncorne prograM for the aqed, blind and d~sabled (T~tle XVI of the SOClal Security Act, as a~ended). In additlon, no person shall be ellglcle for the special rebate or exemptlon provided for ln thlS Sectlon lf such person's annual gross household inco~e, as hereinafter deflned, exceeds the Maxlnum dollar a~ount for the calenoar year for which a refund 15 clairnec.. The I'laximuI'1 dollar a!",ount will be establlshed and frOM tlne to t~I'le amended by resolution of the Clty Councll. For the purposes of this Section, "qross household lncone II shall be and include the lncowe of every meI'lber of the household recelved during the year, lnclud~ng, but not llmited to, wages, salarles, bonuses, tips, qross anounts of pensions and annuities, SOClal securlty retlrerr:ent paynents, henefl ts, ~nsurance d~sabllity pa~ents, llfe heneflts, lnterest, capltal qalns and inherltances. {c) Notwithstandina subsectlons (a) and (b), persons who recelve taxable utlllty serVlce from naster reters, or for \oJhon ut~li ty charges are ~ncl uded in 2 e e house, apartnent, or other rental charaes shall not he eliglble for the special rebate or exenptlon provided for in this 8ectlon. Persons recelvlng funds from any public aaency speclflcally for the pa~ent of sueh ut~llty taxes shall, likewlse, not be eligible for the rebate provided for hereln. (d) Speclal Rebates. (1) A clal~ for a rebate of the utlllty tax pald pursuant thlS Chapter shall be fllect with the Dlreetor of Finance between May 1 and June 30 of each year for the taxes pald during the preVlOus calendar year. Clalms shall be sub~ltted on forros prcvlded by the Clty and all stateMents nade therein shall be under oath and sUbJect to penalty of perJury. No rebate shall be pald under the provislons of thls Seetlon unless the clalmant establlshes his rlqht thereto by wrltten record showlng entltlement thereto, and the Dlrector of Finance ~ay reqUlre such additlonal evidence as he or she deems necessary or approprlate in deternlning such entitlement. Only one 3 - e clal~ant from each household each year shall be entitled to a rebate. (7) The Dlrector of Flnance shall review each clal~ and shall cause a rebate to be nade to the clalmant of the utll1ty taxes pald by such clainant pursuant to thlS Chapter, or that portion of said taxes paid which is found to be due and OWlnq to the clal~ant. If the Director of Flnance deternlues that a clalM 1S faulty or that the clalMant has failed to truthfully set forth the reauired facts, the clal~ for rebate shall re reJected In wrltlna to the clal~ant. (3) If a clain for a rebate is not filed wlthlU the perlod set forth in subsectlon (d)(l) all riqhts to such rebate for the oreV10US calendar year shall be walved, deemed void and pernanently extinguished. (e) Speclal Exenptlon. (1) Any person ellg1rle under subsectlons (a) and (b) ~av flle an applicatlon for an exenptlon with tDe Dlrector of Finance. The appllcatlon shall be sub~itted on the forms provlded 4 e e by t0e Clty and all state~ents Made thereln s0all be under oath and subject to penalty shall be establ~shes wrltten of perJury. No appllcatlon grantee unless the appllcant his or her right tpereto ry record sDow1ng entitle~ent thereto. ~e Dlrector of Flnance May require such addltlonal evidence as he or she deeMS necessary or appropriate 1n deterMlnlnq entltlenent. (2) The Dlrector of Finance shall reVlew all such applicatlons and shall cert1fy as exe~pt those appllcants deterMined to guallfy therefor. The r1rector of Flnance shall not1fy all serVlce suppllers affected that such exe~ptlons have been approved. For each exemptlon, the followlng inforMatlon shall be tran5nltted to the serVlce supplier: ( 1 ) !'Jame of exeJ'1pt appllcant. (11) Account nUMber shown on utlllty hI-II. (ill) Address to WhlCh exe~pt service 15 belng supplied. s e e (~v) Any other ~nfor~atlon as May be necessary for the serv~ce suppller to re~ove the exeMpt serv~ce user from its tax bl11lng procedure. (?) Upon receipt of suer.. not~flcatlonr the service supplier shall not be required to contlnue to b~ll any further tax l~posed by thlS Chapter fro~ such exempt serVlce user, untll further notl.ce by the Dl.rectar af Finance is given. ~e serVl.ce suppll.er shall ell.~lnate such exempt service user frOM its tax b2ll2ng procedure no later than ~o days after recelpt of such notl.ce from the Dlrector of Finance. ( 4 ) All exemptlons shall contlnue and be renewed autoMatlcally by the Director of Flnance, so long as the prerequisl.te facts supportlnq the lnltial quallficat10n for exemptl.on shall contlnue. The exeMptlon shall auto- Matlcally terninate wlth any c~anqe 1n the serV1ce address or resldence of the serVl.ce user except that such apply for a new exe1l1pt serVlce user, l"'ay eXeI'1ptlon. 6 e e (5) The Director of Flnance shall have the rlght and the power to demand evidence of continued eliairllity of a service user for exe~ption. Failure to prov1de any eVldence requested by the Director of Flnance as 1S wlthin the control of a serVlce user to so provide shall be grounds for the the lrunec11ate dlscontlnuance of EV1dence provided to the exerrptlon. pirector of F1nance upon request nay not be used aga1nst such serV1ce user as evic1ence of vlolatlon of the provislons of thlS Section~ such eVldence may only be used as grounds for terminatlon of the exeMpt1on. (~) Any lnolvidual exempt frOM the tax shall notlfy the Director of Flnance w1tnln 10 days of any change in fact or circunstance WhlCh might dlsquallfy the lndlVloual from receivlng such exenptlon. !<'o person shall know1ngly receive the heneflts of the exe~ptlons provlded by thlS Sectlon, when the basls for such exemptlon elther does not exist or ceases to eXlst. 7 e e (7) If the fllrector of F1nance deterMlnes that an appllcatlon for an exemptlon 18 faulty or that the appllcant has failed to truthfully set forth the reaUlreo facts, the appllcat10n for exemption shall be denied in writing to tne appllcant. (f) A r'leternlnatlon of the D1rector of Flnance to reJect a clalM for rehate or to deny an applicatlon for exe~ptlon ~ay be appealeo 10 accoroance with ~un1clpal Code section 6]26 within 10 days after the date of ma1l1nq of the re]ectlon of tne clalr or deolal of the appl1cation. If an appeal by an aggrieved cla1~ant or applicant 18 not taken Wlthln the 10 day period, no appeal of the deC1810n of the Dlrector of Flnance Made thereafter be taken, and the deter~lnat1on of the Dlrector of F1nance shall become final. SECTIOF 2. Any provlsion of the Eanta Monlca Munlclpal w1th the provislons of Code or appendlces thereto lnconslstent thlS ordlnance, to the extent of such lnconsistenc1es ann no further, are hereby repealed or Moolfled to that extent necessary to affect the provls1ons of th1s ordinance. p , . e e SECT ION 3. If any sectlon, subsectlon, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstltutional by a deC1Sl0n of any court of ary competent Jurl schction, such declslon shall not affect the vallolty of the renalnlna portlons of the ordinance. The Clty COUDCll hereby declares that it would have passed thlS ordinance an0 each and every seetlon, subsectlon, sentence, clause or pprase not declared lDvallo or unconstltutlonal wlthout regard to whether any portlon of the orolnance would be subseouentlv declarer lnvalld or unconstltutlonal. SECTION 4. The Mayor shall sign and the Clty Clerk shall attest to the passage of thls ordinance. ThlS City Clerk shall ca use the sawe to he publishect once ln the officlal newspaper wlthln 15 days after its adoptlon. The ordinance shall becoMe effectlve after 30 days froM lts aooptlon. APPPOVFD AS TO FOPM: rl.,A .L, . Lr~v :~ ~--~ Robert H. Hyers Clty Attorney q