SR-212-005 (9)
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APR 2 3 1985
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Council Meeting: April 23, 1984
Santa Monica, California
TO: Mayor and City Council
FROM: CIty Staff
SUBJECT: ResolutIon Authorizing Southern California Gas Company
to Make Refunds of Utility Users Tax
Introduction
ThIS report recommends the City Council approve the attached
resol utIon author I zing the Southern Cal i fornia Gas Company to
make certaIn refunds of the City's Utility Users tax as provided
for under SectIon 6632 (b) of the Santa Monica Municipal Code.
The Southern CalIfornia Gas Company must have the City Council's
authorization by May 10, 1985 In order to effect the returns.
Background
The Southern Cal i fo rnia Gas Company advised Ci ty Staff on Apr 11
5, 1985 (see attached letter) that It is requesting authorization
from the CalIfornia Public Utilities Commission to refund certain
amounts to Its customers relating prImarily to refunds received
by the Gas Company from ItS interstate suppliers. ThIS deciSion
affects the City'S Utility Users Tax since tax receipts are based
on a percentage of amounts paid by Gas Company customers.
Southern California Gas Company' 5 refund calculatIon is based
upon the amount of the utility refund and the City's July 1983
Utility Users Tax rate (5%). Approval of the attached resolution
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APR 2 3 1385
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will mean that the UtIlIty Users Tax remltted to the C1ty forJune
1985 would decrease by approximately $10,000.
Budset/F1nancial Impact
The budget in revenue account number 01-901-014-000-000 for
FY 1984-85 should be red uced by $10,000. Due to the relat1 vely
small amount of this revenue budget change there would be an
inslgnlf1cant 1mpact on General Fund revenues of $53 millIon for
FY 1984-85.
Recommendation
I tIS respectfull y recommended tha t C1 ty Counc 11 approve the
attached resolution authorIzing the Southern California Gas
Company to make refunds as prOVIded for under Section 6632 (b) of
the Santa Monica Municipal Code since Southern Cal1fornia Gas
Company has complete data on all serVice users and can make the
refunds in a timely manner, and that the FY1984-85 revenue budget
for revenue account number 01-901-014-000-000 be reduced by
$Hl,000.
Prepared by: MIke Dennis, D1rector of Finance
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CIn OF
SANTA MONICA
CALIFORNIA
ANN M SHORE
CITY CLERK
Apr~l 29, 1985
1685 Mam Street, Santa Monica, Call forma 90401-3295
(213) 458-8211
Mr. Georg M. Babbe
Manager, Western Division
Southern California Gas Company
P. O. Box 6100
Inglewood, Ca12forn~a 90312
Dear Mr. Babbe:
The City Council, at its meeting of April 23, 1985, considered
the matter of a resolution authoriz1ng Southern Californ1a Gas
Company to refund certain amounts of the uti11ty Users Tax. The
City Counc11 moved to adopt Resolution No. 7004(CCS). Attached
is a copy of that resolution as well as the s~gned letter author-
~z~ng the Gas Company to proceed w1th the tax refunds.
S~ncerely,
~h!:?t
City Clerk
AMS:jj
cc: Norma Gonzales, Southern Californ~a Gas Co. (Santa Monica Office)
Mike Dennis, Director of Finance
Attachments
CITY OF SANTA MONICA
INTER-DEPARTMENT MEMORANDUM
DATE:
Aprll 9, 1985
TO:
FInance DIrector
FROM:
Clty Clerk
SUBJECT:
Southern Cal1forn1a Gas Company - Utlllty Users Tax
Refund - AprIl 23rd CouncIl Agenda?
Attached I S a copy of a letter from the Gas Company In re the
above subJect. They request the agreement be returned to them by
May 10th WhICh reqUires the matter to be included on the Aprll
23rd Council agenda.
Attached for your assIstance In preparatIon of a staff report and
resolutIon IS a copy of last year's fIle on the same subJect.
As In the past, our department wIll provide the Councll-approved
resolutIon to the Gas Company, along wlth the signed
author iz atIon. These documents wIll be processed 1n the C 1 ty
Clerk's offIce the mornIng after the AprIl 23rd Council meeting
and ma i led to the I nglewood Gas Comp any 0 fflce vii th copies to
Santa Mon1ca Gas Company Branch and the City FInance Department.
Unless I hear otherWIse from you, the CIty Manager or Attorney,
thIS matter wlll be placed on the Councll agenda of April 23rd.
cc: CIty Manager ) no attachments
CIty Attorney )
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AMS:jj
Attachments
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SOUTHERN CALIFORNIA I g~sl COMPANY
100 EAST NUTWOOD STREET. INGLEWOOD CALIFORNIA. (213) 419-2301
GEORG M BABSE
Manage"- Wes1ern DIVIS'O'"
MAILING ADDRESS BOX 6100. INGLEWOOD CALIFORNIA 90312
Apr~l 5, 1985
Dear Ms. Shore:
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Ann M. Shore, City Clerk
C1ty of Santa ~k)n1ca
1685 ~1a~n Street
Santa Monlca, Californla 90401
The Southern Cal~fomia Gas Carpany ~s request~ng author~zation
fran the California Public Utilities Camu.ss~on to refund certain
am::>lmts to its custorrers relatlng, pn.ma.r1ly, to refunds rece1ved
by the Gas Carpany ::rom 1ts interstate suppliers. The refund plan
1S smlar to that used for the refund made in December 1984. The
Gas Canpany expects to make the refund by cred1t to bllls dur1ng
June 1985.
Should your City ,v1sh to conslder refunm.ng the Util~ty Users I Tax
correspondL'1g to tlus refund arrount, the Gas Co:rrpany is w1lllng to
aSslst your C~ty by pass1ng that tax refund on to eligible city
residents, including it Wl th the Gas Company refund durlng our
regular billing operatlon In June 1985. However, we are prepared
to ass1st in rna]nng ut1l1ty users I tax refunds only if the am::>unt
of the tax refrmd ~s calculated and dlstr1buted illuforml y and the
Gas Company 1S expressly authorized by your Cl ty to offset the tax
refunds through a cred1t against current utility users' tax collec-
tions. The refund calculatlons would be based upon the aIT'Ount of
the ut1llty refund and your City's July 1983 Utility Users' Tax
rate.
If your City agrees to the above approach, please indicate agree-
mmt by hav1ng the appropr1ate City official Slgn the enclosed copy
of tillS letter in the space provlded, attaclung a Resolut1on to
your C1 ty Conncil fomll y authorlZlng th1S agreement and returned
to ITE by May 10.
Yours very truly,
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City Clerk
Page 2
Southern California Gas C:tl~Y is authorized to proceed WJ.t.h the
tax refunds as outlined al:xJve and shall be alla..l'ed credits agamst
current tax collections of all tax arlOtmts so refunded. It is
agreed that the City shall defend and inciannity the Gas CQ.iipdIlY as
to any loss or liability ar1.sing fran any act or rnussion by Gas
Wi4:Jdl1y in inplerenting tax refurrls on behalf of the C1.ty.
City of Santa Monica
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By
Position City Clerk
Date Apr1.1 24" 1985
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BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRIBUTION OF RESOLUTION It 7C5o 5/"-
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FOR CITY C~ERKtS ACTION
ORDINANCE #
Introduced:
CouncIl MeetIng Date
Was It amended?
Adopted:
Afj>i/AYS PUBLISH AOO? l'lill ORDINANCES*
*Cross out Attorney I s approval
Agenda Item It
VOTE. Affirmative:
Negative:
Abstain:
Absent:
_p.KO~OJ~Y9]_E_~_ \HTH. j\RO_1'tI_~R PE~SON BEFORE Al'.TVTHING
Ul~lKlnUl1UN. UKl~lNAL ~o De signeci, sealeci and
fIled in Vault.
NEWSPAPER PUBLICATION (Date:
)
)
Department orIgInatIng staff report (
Management Serv'!~e~ Lynne Barr~tte -urdinances only
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Agency mentIoned in document or staff report
(certified?)
Subject fIle (agenda packet) 1
Counter fIle I
Others:
Airport
Parking Auth.
Audltorum
Personnel
BuildIng Dept.
Planning
EnVIron. Servo
Police (en-
forcement?)
Finance
I
.
Purchasing
FIre
Recr/parks
General Servo
Transportation
Library
Treasurer
Manager
d~.t:L~ //#'rE- F-r>-z~~.ue- siuF-
SEXD F OU-q, COP I ES OF AL LORD I NANCES TO: *Check Cod; Uect~ons before send.1ng.
CODFD SYSTEMS, Attn Peter Macl'earie
120 ....rain .1"'~T<::,et
AV0~~ ~~w Jersey_077l7
SEND FOUR COPIES OF .t\T.T. ORnTNANn::c:; TO:
PRESIDING JUDGE
SANTA MONICA MUNICIPAL COURT
'725 MAIN STREET
SANTA MONIcAJ CA 90401
TOTAL COPIES
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FI:CMO:ff
Council Meeting: April 23, 1985
Santa Monica, California
RESOLUTION NO. 7004(CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AUTHORIZING UTILITY TAX REFUNDS
WHEREAS, the California Public Utilities Commission has
authorized the Southern California Gas Company to refund certain
amounts to its customers relating primarily to refunds received
by the Gas Company from its interstate suppliers; and
WHEREAS, the refund results in service users overpaying
the Ci ty' s Uti Ii ty Users Tax dur ing the per iod covered by the
refund; and
WHEREAS, the City of Santa Monica 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 Municipal Code Section 6632
(b), Southern California Gas Company is authorized to refund to
the service user or credit to charges subsequently payable by the
service user the amount of excess Utility Users Tax paid for
service relating primarily to refunds received by the Gas Company
from its interstate suppliers.
Southern Cal ifornia Gas Company
shall be entitled to a credit against current tax collections in
tn-a actual amount-of such -retunds arid cr-ed i ts.
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SECTION 2.
The City Clerk shall certify to the
force and effect.
adoption of this Resolution, and thereafter it shall be in full
APPROVED AS TO FORM:
~ ""-.
Robert M. Myers
City Attorney
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Adopted and approved this 23rd day of April) 1985.
(1 L-(,~ j.~.
( - Mayor - - -
I hereby certify that the foregoing Resolution No. 7004(CCS)
was duly adopted by the City Council of the City of Santa Monica
at a meeting thereof held on April 23, 1985 by the following
Council vote:
Ayes: Councilmembers: Conn, Edwards, Epstein, Jennings,
Katz, Zane and Mayor Reed
Noes: Counc1lmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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