SR-212-005 (10)
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Councll Meeting: November 13, 1984
Santa Monica, California
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TO: Mayor and City Councll
FROM: Clty Staff
SUBJECT: Resolutlon Authorlzing Southern Callfornla Gas Company
to Make Refunds of Utlllty Users Tax
Introductlon
ThlS report recommends the City Council approve the attached
resolutlon authorlzlng the Southern California Gas Company to
make certain refunds of the Clty'S Utlllty Users tax as provlded
for under Sectlon 6632 (b) of the Santa Monlca Munlcipal Code.
The Southern California Gas Company must have the Clty Council's
authorlzatlon by November 23, 1984 In order to effect the
returns.
Background
The Southern Callfornla Gas Company advised Clty Staff on
November 8, 1984 that It l5 requestlng authorizatlon from the
Ca11fornla PubllC Utl11tles Commlsslon to refund certain amounts
to 1 ts customers relatlng prlmarily to refunds received by the
Gas Company from ltS lnterstate suppllers. This declslon affects
the Cl ty I S Utlli ty Users Tax Slnce tax recelpts are based on a
percentage of amounts paid by Gas Company customers.
Southern Callfornia Gas Company I s refund calculation 18 based
upon the amount of the utlllty refund and the Clty'S April 1984
Utl11ty Users Tax rate (5%). Approval of the attached resolutlon
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NOV 1 3 '984
will mean that the UtJ..lity Users Tax rerratted to the CJ..ty in
January 1985 would decrease by approximately $5,776.
BudgetjFlnancJ..al Impact
Revenue account number 01-901-014-000-000 for FY1984-85 should be
reduced by $5,776. The potential J..mpact of thJ..s revenue
reductJ..on on General Fund approprJ..atJ..ons will be assessed as part
of the fild-year budget revJ..ew.
Recommendatlon
It is respectfully recommended that CJ..ty Council approve the
attached resolutJ..on authorJ..zJ..ng the Southern California Gas
Company to make refunds as provJ..ded for under Section 6632 (b) of
the Santa Monlca Municipal Code Slnce Southern California Gas
Company has complete data on all service users and can make the
refunds J..n a tJ..mely manner, and that the FY1984-85 revenue
estlmate for revenue account number 01-901-014-000-000 be reduced
by $5,776.
Prepared by: MJ..ke Dennls, Dlrector of Finance
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Counc~l Meetlng: November 13, 1984
Santa Mon1ca, California
RESOLUTION NO. 6942
(C1ty Counc1l Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AUTHORIZING UTILITY TAX REFUNDS
WHEREAS, the California Pub11c Ut1l1ties Commiss1on has
author1zed the Southern Californ1a Gas Company to refund certain
amounts to ltS customers relat1ng primarlly to refunds recelved
by the Gas Company from its lnterstate suppliers; and
WHEREAS, the refund results ~n serV1ce users overpaY1ng
the C1 ty' s Ut1l1 ty Users Tax during the per10d covered by the
refund; and
WHEREAS, the City of Santa Mon1ca desires to refund the
excess tax payments paid by service users,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA RESOLVES AS FOLLOWS:
SECTION 1.
Pursuant to Munic1pal Code Section 6632
(b), Southern California Gas Company 1S authorized to refund to
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the serV1ce user or cred1t to charges subsequently payable by the
servlce user the amount of excess Utlli ty Users Tax paid for
serV1ce relatlng prlmar1ly to refunds recelved by the Gas Company
from its interstate suppllers.
Southern Callfornla Gas Company
shall be ent1tled to a credlt agalnst current tax collections In
the actual amount of such refunds and credits.
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SECTION 2.
adoption of th~s Resolut~on, and thereafter ~t shall be in full
The C~ty Clerk shall cert1fy to the
force and effect.
APPROVED AS TO FORM:
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Robert M. Myers
C1ty Attorney
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Adopted and approved th~s 13th day of November, 1984.
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I hereby certify that the foregoing Resolution No. 6942(CCS)
was duly adopted by the CIty CouncIl of the CIty of Santa MonIca
at a meeting thereof held on November 13, 1984 by the follow~ng
CouncIl vote:
Ayes: Councllmembers: Conn, EpsteIn, Jennings, Reed,
Zane and Mayor Edwards
Noes: Councllmembers: None
Abstain: Councilmembers: None
Absent: Councllmembers: Press
ATTEST:
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CIty Clerk
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SOUTHERN CALIFORNIA ~ COMPANY
'84 NOV -8 P\2 ',07
SAH1 A. tr"tI.Jrl'u~, 'v~l..lr
GEORG M BABSE
i\-1anager, Weste"n Dlv-Slon
100 EAST NUTWOOD STREET. INGLEWOOD CALIf'ORNIA . (213j 419-2301
MAILING ADDRESS BOX 6100 INGLEWOOD CALIFORNIA 90312
November 8, 1984
Ann M. Shore, City Clerk
City of Santa Monlca
1685 Main Street
Santa Monlca, California 90401
Dear Ms. Shore:
The Southern California Gas Company is requesting authorization from the
Californla Public Ut111tles Commission to refund certain amounts to its
customers relatlng, primarily, to refunds received by the Gas Company from
ltS lnterstate suppliers. The refund plan is similar to that used for the
refund made in January 1984. The Gas Company expects to make the refund
by credit to bllls during December 1984.
Should your Clty wish to consider refunding the Utllity Users' Tax corre-
sponding to this refund amount. the Gas Company is willing to assist your
Clty by passlng that tax refund on to eligible city residents, including
it wlth the Gas Company refund during our regular billing operation in
December 1984. However, we are prepared to assist in making utility users.
tax refunds only if the amount of the tax refund is calculated and distrl-
buted uniformly and the Gas Company is expressly authorized by your Clty
to offset the tax refunds through a credit against current utllity users'
tax collectlons. The refund calculations would be based upon the amount
of the utillty refund and your City's Aprll 1984 Utllity Users! Tax rate.
If your City agrees to the above approach. please indlcate agreement by
havlng the appropriate City official sign the enclosed copy of this letter
in the space provided, attaching a Resolution of your City Council formally
authorizing this agreement and returned to me by November 23.
Yours very truly,.
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BEFORE DISTRIBUTION CHECK CONTENT OF
DISTRIBUTION OF RESOLUTION # ~
Council Meet1ng Date / t ~ /)
Agenda Item # G - 1<;
ALL ruR CIT~~CfERK'S ACTION
ORDINANCE #
Introduced:
Was 1t amended?
(/)tUP
Adopted:
ALWAYS PUBLISH ADJPl1::V ORDINm:."F.S*
*Cross out Attorney I s approval
VOTE: Affirmative'
Negative:
Abstain:
Absent:
ilLY. G X--K ~~p~
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n
V~
DISTRIBUTION:
ORIGINAL to be signed, sealed and filed in Vault.
NEWSPAPER PUBLICATION (Date:
)
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Department orlglnating staff report (~,~
Urdlnances only
Management Serv~~e~ Lynne Ba~r~tte
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(Certified?)~
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Agency mrntioned 1~ document or staff report
Xht. (l ceP, -Q7a--o ~.
SubJect flle (agenda packet)
Counter file
Others:
--
Alrport Parking Auth.
Audltorum Personnel
Buildlng Dept. Planning \
Environ. Servo Police (en-
forcement ?)
Flnance
Purchas1ng .
Flre
Recr/Parks
General Servo
Transportatlon
Llbrary
Treasurer
Manager
SEND FOU~ COPIES OF ALL ORDINANCES' TO:
CODED SYSTEMS, Attn PetefMaciearie
, . .
129 Maln.~tr~et J
. Av6~1 N~w Jersey_07717 _
SEND F0UR COPIES OF ALL O'RpTNA \/r.FS -to:
PRESIDING JUDGE
SANTA MONICA MUNICIPAL COURT
1725 MAIN STREET
SANTA MONICA, CA 90401
*Check COde Sections before seJ'ln !.T\g .
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TOTAL COPIES
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IKTER-OFFICE MEMORANDUM
DATE November 8, 1984
TO CItv Manager
CIty Attorney
FInance Director
FReV Cltv Clerk
SCBJECT Southern CalIfornIa Gas Company - Utlllty Users Tax
Refund -- \ovember 13th Council Agenda?
Attached
subject.
November
November
IS a letter from the Gas Company In re the above
They request the agreement be returned to them by
23rd req~irlng the matter to be lncluded on the
13th Counc~l agenda.
Attached for your aSSlstance In preparation of a staff report
and resolutlon 1S a copy of last yearTs file on the same subject.
If you ~lsh, our department wlll be responSIble for getting the
resolut1on to the Gas Company, along wlth the slgned authorizatIon.
The Gas CompanY representatlve saId that they dld not get the
3uthoYlzatlon In tl~e last vear. It was not sent from our office
so I arr unable to speak for the delay. However, we would be glad
to have the resolutlon and authorizatlon processed from this
offlce the morn:ng after the ~6vember 13th CounclJ meetIng. along
~ith other procedural tasks.
:\t:acnrrents
L
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C1ty Clerk
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Southern Ca11forn1a Gas Company 1S author1zed to proceed with the
tax refunds as outlined above and shall be allowed credits agalnst
current tax collect1ons of all tax amounts so refunded. It is agreed
that the C1ty shall defend and lndemnify the Gas Company as to any
loss or 11ab1l,ty arlsing from any act or omlSSlon by Gas Company in
lmplementing tax refunds on behalf of the City.
City
of Santa Monlca
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'\nn ~l Shore -- -
CIt\' Clerk
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By
Pos1t1on
Date
~ovember 14, 1984
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CITY OF
SANTA MONICA
CALIFORNIA
-\~'\j ,\.1 SHORE
CITY CLERK
1685 Marn Street. Santa MonIca, CalIfornIa 90401-3295
(213) 458-8211
Nove~ber 15, 1984
Mr. Georg M. Babbe
Ma~ager, Western D~v~s~on
Southern Callforn~a Gas Company
P. O. Box 6100
Inglewood, Cal~forn~a 90312
Dear Hr. Babbe:
The C~ty Counc~lJ at ~ts meet~ng of November 13, 1984, cons~dered
the ~atter of a resolut~on author~z~ng Southern Cal~fornla Gas
Company to refund certaln amounts of the Utillty Users Tax. The
Clty Counc~l moved to adopt Resolut~on No. 6942 (CCS). Attached
lS a copy of that resolut1on as well as the slgned letter author-
lZlng the Gas Company to proceed wlth the tax refunds.
Slncerely,
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~enny A:A~UI old ( ;" rJ
~ss~stant Clty Clerk
PAK:em
cc:
Norma Gonzalez.> ~ &u!.,~t4. 6.~~~
Mlke Dennls, D1rector of F~nance
Attachments