HomeMy Public PortalAbout14-104RESOLUTION NO. 14-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, SETTING PRIORITIES FOR
FILING A WRITTEN ARGUMENT REGARDING THE
CARSON UTILITY USERS TAX EXTENSION MEASURE
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, a general municipal election is to be held in the City of Carson, California,
on March 3, 2015, at which there will be submitted to the voters a ballot measure to consider
adopting an ordinance amending, extending and continuing to impose a two percent (2%) Utility
Users' Tax to include electric, gas, and water utilities within the City of Carson.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Pursuant to Election Code §§ 9282 and 9287, the City Council hereby
authorizes, but does not require, any or all members of the City Council to file a written
argument for or against the foregoing measure.
Section 2. In the event that more than one argument for or against the foregoing
measure is timely submitted, the City Council's duly appointed elections official shall give
preference and priority first, to arguments submitted by a member of the City Council, as
authorized by this Resolution, and second, to individual voters, bona fide associations, or a
combination thereof, in the order set forth at California Elections Code § 9287.
Section 3. In accordance with the requirements of Division 9, Chapter 3, Article 4 of
the California Elections Code, all written arguments for or against the foregoing measure: (1)
shall not exceed three hundred (300) words in length; (2) shall be filed with the City's designated
elections official ; (3) shall be accompanied by the printed name(s) and signature(s) of the
person(s) submitting it, or if submitted on behalf of an organization, the name of the
organization, and the printed name and signature of at least one of the principal officers who is
the author of the argument; and (4) shall be accompanied by the Form of Statement to be Filed
by Author(s) of Argument. All written arguments may be changed or withdrawn until and
including the date fixed by the City's designated elections official , after which time no
arguments for or against the foregoing measure may be submitted to the elections official.
Section 4. The City Council hereby directs the City's designated elections official to
transmit a copy of the foregoing measure to the City Attorney. In accordance with California
Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of
the measure, not to exceed five hundred (500) words in length, showing the effect of the measure
on the existing law and the operation of the measure. The impartial analysis shall be filed by the
date set by the City's designated elections official for the filing of primary arguments.
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01007.0001/226659.1
RESOLUTON NO. 14-104
PAGE 2 OF 3
Section 5. The City's designated elections official shall cause the City Attorney's
Impartial Analysis, and duly selected arguments, to be printed and distributed to voters in
accordance with State law regarding same.
Section 6. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson,
California, at a regular meeting held on the 2 Is' day of October, 2014.
XFTEST:
City Clerk Donesia L. Gau�e, CMC
APPROVED AS TO FORM:
City'Attorney
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01007.0001/226659.1
"�Mayor Jim Dear
RESOLUTON NO. 14-104
PAGE 3 OF 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF CARSON
1, Donesia L. Gause, City Clerk of the City of Carson, California, do hereby certify that the
whole number of members of the City Council is five; that the foregoing resolution, being
Resolution No. 14-104 was duly and regularly adopted by said Council at a regular meeting duly
and regularly held on the 21s' of October, 2014, and that the same was passed and adopted by
the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
01007,0001/226659.1
Mayor Dear, Santarina, Gipson, Davis -Holmes, and Robles
None
None
None
City Clerk Donesia L. Gause, CMC
City of Carson
Report to Mayor and City Council
October 21, 2014
New Business Discussion
SUBJECT: CONSIDER ADOPTING RESOLUTION NOS. 14-103,14-404 AND 14-105 PLACING
AN EXTENSION OF THE UTILITY USERS' TAX ("UUT") ON THE MARCH, 2015,
BALLOT FOR VOTER APPROVAL, REQUESTING THE PREPARATION OF AN
IMPARTIAL ANALYSIS, AND SETTING PRIORITIES FOR SUBMITTING
ARGUMENTS RELATED TO EXTENDING THE UUT
Submitted by William W. Wynder Approved by Nelson Hernandez
City Attorney Citv Manaaer
1. SUMMARY
This item is on the agenda at the direction of the City Council at its October 7,
2014 meeting. The City Council is asked to place a proposed measure before the
voters that would extend the City's existing UUT and make certain changes to the
same.
The proposed measure would be placed before the voters at the general municipal
election to be held in March 3, 2015 and will require that thefollowing actions be
taken and in thefollowing order:
(1) Adopt a resolution placing a ballot measure before the voters to extend the
UUT (because the UUT is a general tax, it will require a 415ths vote of the
entire City Council to place the matter before the voters); and
(2) Adopt resolutions requesting that the City Attorney's office prepare an
impartial analysis and setting priorities for filing written arguments for or
against the proposed measure.
11. RECOMMENDATION
WAIVE further reading and ADOPT (in the following order):
A. RESOLUTION NO. 14-103, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARSON, CALIFORNIA, CALLING AND GIVING
NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION
TO BE HELD ON MARCH 3, 2015, FOR THE PURPOSE OF
SUBMITTING TO THE VOTERS A MEASURE TO AMEND AND
EXTEND THE CARSON UTILITY USERS TAX;" and
B. RESOLUTION NO. 14-104, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARSON, CALIFORNIA, SETTING PRIORITIES FOR
FILING A WRITTEN ARGUMENT REGARDING THE CARSON UTILITY
USERS TAX EXTENSION MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS;" and
2011
City of Carson Report to Mayor and City Council
October 21, 2014
IV.
C. RESOLUTION NO. 14-105, "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CARSON ' CALIFORNIA, PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS REGARDING THE CARSON
UTILITY USERS TAX EXTENSION MEASURE."
ALTERNATIVES
1. Take no action on this item.
2. Take such other action as the City Council deems appropriate consistent with
the requirements of law.
BACKGROUND
A. Measure C
The City's current UUT was approved by the voters in 2009 ("Measure C").
Measure "C" instituted a two -percent (2%) tax on electric and gas uses. The
revenue generated from the UUT has ben used to provide basic services for
residents, including but not limited to, law enforcement, gang intervention
programs, graffiti removal, youth and senior programs, sidewalk and street repair,
and staffing of public parks.
Annually, the UUT generates around $8 million in general fund revenue. It was
the intent and understanding of the City and well as the voters that Measure "C"
be deemed a general tax and not a special tax. Accordingly, estension or other
changes to the UUT must be submitted to the voters as a general tax.
B. Voter Threshold Limits& General Municipal Election Requirements
As a general tax, increases and extensions to the UUT must comply with the voter-
qpproval requirements of Proposition 218 (Cal Const art XIIIC section
2(b)). Under Proposition 218, increases to a general tax must be approved b_V a
majori�y of voters. Additionally, under Proposition 218, the election to extend or
amend the UUT ordinance must be consolidated with the City's regularly
scheduled general municipal election. (Cal Const art XIIIC section 2(b)).
C. Analysis of Voter Suppportfor Extension of the UUT & Comparison of the
City's UUT With Surrounding Communities
A telephone survey was completed by Fairbank, Maslin, Maullin, Metz &
Associates of 405 randomly- selected Carson residents (Exhibit No. 4). The survey
tested a hypothetical ballot measure continuing Carson's existing two percent
utility users' tax. Voters overwhelmingly supported the measure before and after
hearing informational messages about it.
The survey tested several provisions that could be included in the UUT
continuation measure. By the percentages listed below, clearly voters want to
continue the exemptions for seniors and low-income households. Majorities of
City of Carson Report to Mayor and City Council
October 21, 2014
voters also support potential options for increasing the scope and revenue
generated by the UUT.
Responses
Issues
87% support
Continue the exemptions for seniors
8 1 % support
Continue the exemptions for low-income househoFd-s
63% support
Amending the existing UUT ordinance to include water
29% do not support
usage
53% support
Amending the UUT ordinance to cover
29% do not support
telecommunications and video services, such as cable
and satellite television and wireless phone services
53% support
Eliminating the one million dollar cap that the City -can
32% do not support
tax oil refineries for utility services
Futhermore City staff completed a survey of the other cities in the surrounding
area. Carson remains the lowest among cities in the area with a utility users' tax.
The complete results of the survey are in Exhibit No. 4.
D. Elements of the Proposed Extension & Amendments to the Existing UUT
At the City Council meeting of October 7, 2014, the City Council was asked
whether the Council would support putting extension of the UUT on the March 3,
2015 ballot and, if so, what changes, if any, to the existing UUT would the
Council put before the voters.
In response, the Council unanimously agreed that they would propose that the
voters consider the following changes to the existing UUT:
A. Add water consumption and usage to the utilities that are subject to the tax,
excluding reclaimed or recycled water (while preserving all existing
exemptions for seniors and low income residents already existing in the
UUT);
B. Repealing the "cap" provision of the ordinance that limits to $1 million the
maximum tax that would be paid under the UUT absent a finding of fiscal
hardship. The attached ordinance would eliminate Section 61004(e) which
currently reads:
"Notwithstanding any other provision of this Chapter, no
service user shall be required to pay more than $1,000,000 in
electricity users tax, or gas users tax, or both combined, for
service provided in any one (1) calendar year; provided,
however, that the City Council may, by resolution duly
adopted at a noticed public meeting, suspend this subsection
for a period of twelve (12) consecutive calendar months
commencing the day after the effective date of the resolution,
City of Carson Report to Mayor and City Council
October 21, 2014
upon making written finding(s) that the City of Carson will be
required to lay off employees, and/or furlough employees,
and/or be unable to fill allocated employee positions due to
any fiscal crises as determined by the City Council in its sole
discretion."
C. Repealing the sunset provision of the UUT in Section 6118, which
presently reads "[t]he utility users tax described in this Chapter shall no
longer be effective on July 1, 2016, and at such time this Chapter shall be
repealed without further action, except that the provisions of this Chapter
shall remain in effect as to any tax due and owing, but unpaid, as of July 1,
2016," meaning that the extension of the UUT would not have an
expiration date.
Accordingly, the ballot measure to be placed before the voters would simply
extend the existing UUT, at the existing two percent (2%) rate, but amending the
ordinance in the manner discussed above.
E. Wording of the Ballot Measure
The Council is also requested to carefully consider the wording of the ballot
measure itself. The language proposed is that developed by the Office of the City
Attorney and has not been previously considered by the City Council.
The Council is, of course, free to revise th e wording of the ballot measure question
itself as you deem appropriate and consistent with the requirements of law, which
limits the total number of words to be included in a ballot question to 75
individual words.
F. Inputfrom the UUT Citizens' Oversight Committee
At the October 7, 2014 Council meeting, the Council directed staff to get UUT
Budget & Oversight Committee's input on the following questions:
I . Would the proposed extended tax be applied to existing utilities which are
subject to the tax or should such utilities be modified in any extended UUT
(i.e. continue taxing the existing utilities or add water, cell phones, cable,
other technology devices, or reduce the utilities subject to the tax?)
Response.- UUT Committee unanimously approved the motion from
DeNize Hunt not to vote adding additional utilities to the UUT until the
Committee is provided an analysis of revenues to be received from such
addition.
2. Would the existing maximum tax "cap" be continued or be eliminated in
any extended UUT?
Response.- UUT Committee unanimously approved the motion from
DeNize Hunt to keep the cap.
V
City of Carson Report to Mayor and City Council
October 21, 2014
3. For what period of time does the City Council want to extend the life of the
UUT?
ReWonse.- All UUT Committee present, except for DeNize Hunt and
Michael Whittiker, voted to keep the 7 -year sunset date.
E. Costs
The City typically operates its own general municipal elections and does not
consolidate with the County of Los Angeles. The Office of the City Clerk advises
that there will be no additional incremental cost to place a ballot measure before
the voters because such costs have already been "built in" the budget for the
March 3, 2015 general municipal election.
F. Timeline
The current UUT expires on June 30, 2016. Should the Council determine not to
add extension of the UUT to the March 3, 2015 general municipal election, there
are additional election opportunities to extend the UUT which would include June
2015, November 2015 March 2016, and June 2016.
V. FISCAL IMPACT
Allowing the current UUT to sunset on June 30, 2016 will cost the City around
$8M annually in general fund revenue.
V1. EXHIBITS
1. Resolution No. 14-103. (pgs. 6-8)
2. Ordinance No. 14-1544. (pgs. 9-12)
3. Resolution No. 14-104. (pgs. 13-14)
4. Resolution No. 14-105. (pgs. 15-16)
5. UUT Survey of Other Cities. (pg. 17)
Prepared by: William Wynder, City Attorney
70 RevO'-02-2014
Reviewed bv:
City Clerk
City Treasurer
Administrative Services
Public Works
Community Development
Community Services
I Action taken by City Council I
RESOLUTION 14-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARSON, CALIFORNIA, CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE
HELD ON MARCH 3, 2015� FOR THE PURPOSE OF
SUBMITTING TO THE VOTERS A MEASURE TO AMEND AND
EXTEND THE CARSON UTILITY USERS TAX
WHEREAS, in or about 2008, the City Council of the City of Carson determined at a
regular City Council meeting that it should present to voters of the City of Carson the question of
whether to establish a two percent (2%) citywide tax on electric and gas utilities for the purpose
of raising general fund revenue to provide basic services for residents, including but not limited
to, law enforcement, gang intervention programs, graffiti removal, youth and senior programs,
sidewalk and street repair, and staff of public parks (the "Utility Users Tax"); and
WHEREAS, on March 3, 2009, the voters of the City of Carson approved the Utility
Users Tax by a simple majority; and
WHEREAS, the term of the Utility Users Tax is set to expire on June 30, 2016; and
WHEREAS, the City Council of the City of Carson proposes to submit to the voters a
ballot measure to consider adopting an ordinance amending, extending and continuing to impose
a two percent (2%) Utility Users' Tax to include electric, gas, and water utilities within the City
of Carson; and
WHEREAS, extending the term of the Utility Users Tax requires approval of the majority
of voters at either a general or special municipal election; and
WHEREAS, the City Council is authorized by statute submit to the voters a ballot
measure to consider adopting an ordinance amending, extending and continuing to impose a two
percent (2%) Utility Users' Tax to include electric, gas, and water utilities within the City of
Carson, and the City Council therefore wishes to have the voters consider the same at the general
municipal election to be held on March 3, 2015;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES
HEREBY RESOLVE, DECLARE, AND ORDER AS FOLLOWS:
Section 1. Pursuant to the requirements of the California Elections Code, Sections
306, 9222 and 1301, there is called and ordered to be held in the City of Carson, California, on
Tuesday, March 3, 2015, a General Municipal Election for the purpose of submitting to the voters
of the City of Carson an ordinance amending, extending and continuing to impose a two percent
(2%) Utility Users' Tax to include electric, gas, and water utilities within the City of Carson. As
required by Elections Code Section 13247, the abbreviated form of the measure to appear on the
ballot is specified below in Section 2 of this Resolution. The City's designated elections official
EXHIBITNO
01007.0001/226648.1 Page I of 3
is hereby authorized and directed to make any changes to the text of the proposition or this
resolution as required to conform to any requirements of law.
Section 2. The City Council hereby orders the following measure be submitted to the
voters at the aforementioned general municipal election:
Shall Ordinance No. 14-1544 be adopted amending,
e K ending and continuing to impose a two percent (2%) YES
x
Utility Users' Tax on electric, gas, and water utility users so
0
the City of Carson continues to provide essential services for
residents, including law enforcement, gang intervention
programs, graffiti removal, youth and senior programs,
t
nd NO
sidewalk and street repair, and staffing of public parks aT
also address environmental issues and blight impacted by the
dissolution of redevelopment and the loss of revenue?
Section 3. The text of Ordinance 14-1544 to be submitted to the voters is attached as
Exhibit "All to this resolution.
Section 4. The City's designated elections official is authorized, instructed and
directed to procure and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
Section 5. The election shall be held and conducted in the manner prescribed by law.
The ballots to be used at the election shall be in form and content as required by law.
Section 6. The City Council authorizes its designated elections official, the same to be
designated by separate resolution, to administer the election, is authorized, instructed, and
directed to procure and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the
election.
Section 7. Pursuant to California Election Code § 10242, the polls for the General
Municipal Election shall open at seven o'clock a.m. on the day of the election, and shall remain
open continuously from that time until eight o'clock p.m. of the same day when the polls shall be
closed, except as otherwise provided in California Election Code § 1440 1.
Section S. In all particulars not recited in this Resolution, the general municipal election
shall be held and conducted in accordance with the provisions of law regulating municipal and
statewide elections.
Section 9. Notice of the time and place of holding the general municipal election is
hereby given and the City's designated elections official is authorized, instructed and directed to
give further or additional notice of the election, in the time, form and manner required by law.
01007.0001/226648.1 Page 2 of 3
Section 10. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions. This Resolution shall be effective immediately
upon passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson,
California, at a regular meeting held on the 21 st day of October, 2014.
JIM DEAR, MAYOR
ATTEST:
CITY CLERK OF THE CITY OF CARSON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )SS
1, DONESIA GAUSE, City Clerk of the City of Carson, DO HEREBY CERTIFY that the
foregoing Resolution was duly adopted at a regular meeting of said City Council held on the 21 st
day of October, 2014; by the following roll call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
DONESIA GAUSE, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
0'007.0001/226648.1 Page 3 of 3
ORDINANCE NO. 14-1544
AN ORDINANCE OF THE PEOPLE OF TBE CITY OF
CARSON, CALIFORNIA, AMENDING, EXTENDING,
AND IMPOSING A TWO PERCENT (2%) UTILITY
USERS' TAX ON ELECTRIC, GAS, AND WATER
UTILITY USERS
WHEREAS, on March 17, 2009, the City Council declared the results of the election held
on March 3, 2009, in which Measure C, a Utility Users Tax (UUT), was approved by the voters
of the City of Carson;
WHEREAS, on October 21, 2014, the Carson City Council ordered an election to
consider whether to extend the UUT to help pay for general fund expenditures; and
WHEREAS, on March 3, 2015, the voters of the City of Carson approved a measure
extending the UUT on certain residential and nonresidential users of utilities within the City.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF CARSON DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. Section 61103 of Chapter I I of Article VI of the Carson Municipal Code
is hereby amended, in its entirety, to read as follows:
"§ 61103. Definitions.
The following words and phrases whenever used in this section shall be construed
as defined in this subsection.
a. Person shall mean any domestic or foreign corporation, firm, association,
syndicate, joint stock company, partnership of any kind, joint venture, club,
business or common law trust, society, or individuals.
b. City shall mean the city of Carson.
C. Gas shall mean natural or manufactured gas or any alternate hydrocarbon
fuel that may be substituted therefor.
d. Electrical corporation and gas corporation shall have the same meanings
as defined in the California Public Utilities Code except, "electrical corporation"
and "gas corporation" shall also be construed to include any municipality, public
agency or person engaged in the selling or supplying of electrical power or gas to
a ser -vice user.
e. Tax Administrator shall mean the person designated by the City Manager
to implement this chapter.
01007.0601/226622.1 EXHIBITNO 02
ORDINANCE NO. 15-1544
PAGE 2 OF 4
f. Service supplier shall mean any entity required to collect or self -impose
and remit a tax as imposed by this section.
9. Service user shall mean a person required to pay a tax imposed by this
section.
h. Month shall mean a calendar month.
i. Non-utility supplier shall mean: (a) a service supplier, other than an
electrical corporation serving within the city, which generates electrical energy in
capacities of at least fifty (50) kilowatts for its own use or for sale to others; or (b)
a gas supplier other than a gas corporation, that sells or supplies gas to users
within the city.
i - "Lower-income households" means persons and families whose incomes
do not exceed the qualifying limits for lower-income families as determined and
published by the California Department of Housing and Community
Development. (See California Health and Safety Code § 50079.5.)
k. "Water" means potable water delivered to a person by means of pipes or
mains but shall not include reclaimed or so-called "gray water.""
Section 2. Section 61104 of Chapter I I of Article VI of the Carson Municipal Code
is hereby amended, in its entirety, to read as follows:
1 61104. Exemptions; Limitations.
a. Nothing in this section shall be construed as imposing a tax upon any
person when imposition of such tax upon that person would be in violation of the
Constitution of the United States or that of the State of California.
b. The City Council may, by minute order or resolution, establish one or
more classes of persons or one or more classes of utility service otherwise subjecti
to payment of a tax imposed by this section and provide that such classes of
persons or service shall be exempt, in whole or in part from such tax.
C. Notwithstanding any other provision of this chapter, residential customers
shall be exempt from the payment of any utility users' tax if the household
qualifies as any of the following: (a) households where the household resident
whose name appears on the utility bill is age 62 years and older or (b) lower-
income households as defined hereinabove.
d. The Tax Administrator shall prepare a list of the persons exempt from the
provisions of this section by virtue of this subsection and furnish a copy thereof to
each service supplier. The Tax Administrator shall make the final determination
as to the eligibility for any exemption."
Section 3. Section 61106.1 is hereby added to Chapter I I of Article VI of the Carson
Municipal Code to read, in its entirety, as follows:
01007,0001/226622.1
ORDINANCE NO. 15-1544
PAGE 3 OF 4
"§ 61106. 1. Water Users Tax.
a. There is hereby imposed a tax upon every person other than an retail water
purveyor using or consuming water in the city. The tax imposed by this
subsection shall be at the rate of not more than two (2%) percent of the charges
made for such water usage or consumption by a retail water purveyor providing
service in the city and shall be billed to and paid by the person using or
consuming the water. The tax applicable to water used or consumed and provided
by a non-utility supplier shall be determined by applying the tax rate to the
equivalent charge the water consumer or user would have incurred if the water
used had been provided by a retail water purveying entity serving the residents of
the city. Rate schedules for this purpose shall be available from the city. Non-
utility suppliers shall install, maintain and use an appropriate utility -type metering
system which will enable compliance with this subsection. "Charges," as used in
this subsection, shall include charges made for: (1) metered potable water usage
or consumption and (2) minimum charges for service, including customer
charges, service charges, demand charges, standby charges, and all other annual
and monthly charges, fuel or other costs adjustments, authorized by the California
Public Utilities Commission.
b. The tax imposed in this subsection shall be collected from the water user
by the water service supplier or non-utility supplier and remitted to the Tax
Administrator in the manner set forth in this chapter or by order of the Tax
Administrator. The amount of tax collected by a water service supplier or a non-
utility supplier in one (1) month shall be remitted by U.S. mail to the Tax
Administrator, postmarked on or before the last day of the following month."
Section 4. Section 61116 of Chapter I I of Article VI of the Carson Municipal Code
is hereby repealed, in its entirety.
. Section 5. Section 61117 of Chapter I I of Article VI of the Carson Municipal Code
is hereby amended to read, in its entirety, as follows:
"§ 61117. Operative Date.
Under the provisions of Government Code section 36937, this ordinance,
and the amendments to Chapter I I of Article VI of the Carson Municipal Code
shall become effective immediately upon passage of this enacting ordinance. The
tax imposed under this section shall continue to apply to bills rendered on or after
ninety (90) days or as soon thereafter as the respective utilities are physically and
mechanically able to get "on line" for the imposition of charges (not more than 60
days).
Section 6. Except as otherwise amended or repealed herein, all other provisions of
Chapter I I of Article V1, of the Carson Municipal Code, shall remain in full force and effect.
Section 7. If any subsection, subdivision, paragraph, sentence, clause or phrase of
this ordinance or any part thereof is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portion of this ordinance or any part thereof. The
&I AV
9 ff
r
01007.0001/226622.1 Z
ORDINANCE NO. 15-1544
PAGE 4 OF 4
people of the City of Carson hereby declare that they would have passed each subsection,
subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one
or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared
unconstitutional.
1, , City Clerk of the City of Carson, California, do hereby
certify that Ordinance No. 015- was Passed, Approved, and Adopted by the People of the
City of Carson, California, voting on the day of March, 2015.
City Clerk, City of Carson
01007.0001/226622.1
RESOLUTION 14-104
I\ -F-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARSON, CALIFORNIA, SETTING
PRIORITIES FOR FILING A WRITTEN
ARGUMENT REGARDING THE CARSON UTILITY
USERS TAX EXTENSION MEASURE AND
DIRECTING THE CITY ATTORNEY TO PREPARE
AN IMPARTIAL ANALYSIS
WHEREAS, a general municipal election is to be held in the City of Carson, California,
on March 3, 2015, at which there will be submitted to the voters a ballot measure to consider
adopting an ordinance amending, extending and continuing to impose a two percent (2%) Utility
Users' Tax to include electric, gas, and water utilities within the City of Carson.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES RESOLVE9 DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Pursuant to Election Code §§ 9282 and 9287, the City Council hereby
authorizes, but does not require, any or all members of the City Council to file a written
argument for or against the foregoing measure.
Section 2. In the event that more than one argument for or against the foregoing
measure is timely submitted, the City Council's duly appointed elections official shall give
preference and priority first, to arguments submitted by a member of the City Council, as
authorized by this Resolution, and second, to individual voters, bona fide associations, or a
combination thereof, in the order set forth at California Elections Code § 9287.
Section 3. In accordance with the requirements of Division 9, Chapter 3, Article 4 of
the California Elections Code, all written arguments for or against the foregoing measure: (1)
shall not exceed three hundred (300) words in length; (2) shall be filed with the City's designated
elections official ; (3) shall be accompanied by the printed name(s) and signature(s) of the
person(s) submitting it, or if submitted on behalf of an organization, the name of the
organization, and the printed name and signature of at least one of the principal officers who is
the author of the argument; and (4) shall be accompanied by the Form of Statement to be Filed
by Author(s) of Argument. All written arguments may be changed or withdrawn until and
including the date fixed by the City's designated elections official , after which time no
arguments for or against the foregoing measure may be submitted to the elections official.
Section 4. The City Council hereby directs the City's designated elections official to
transmit a copy of the foregoing measure to the City Attorney. In accordance with California
Elections Code § 9280, the City Attorney is hereby directed to prepare an impartial analysis of
the measure, not to exceed five hundred (500) words in length, showing the effect of the measure
EXHIBITNO 0 .1 1-3
01007.0001/226659.1
on the existing law and the operation of the measure. The impartial analysis shall be filed by the
date set by the City's designated elections official for the filing of primary arguments.
Section 5. The City's designated elections official shall cause the City Attorney's
Impartial Analysis, and duly selected arguments, to be printed and distributed to voters in
accordance with State law regarding same.
Section 6. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson,
California, at a regular meeting held on the 2 I't day of October, 2014.
JIM DEAR, MAYOR
ATTEST:
CITY CLERK OF THE CITY OF CARSON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )SS
1, DONESlA GAUSE, City Clerk of the City of Carson, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of said City Council held on the
2 1 st day of October, 2014; by the following roIJ call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
DONESIA GAUSE, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
2
01007.0001/226659.1
RESOLUTION 14-105
1\ -F-
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARSON, CALIFORNIA� PROVIDING
FOR THE FILING OF REBUTTAL ARGUMENTS
REGARDING THE CARSON UTILITY USERS TAX
EXTENSION MEASURE
WHEREAS, an election is to be held in the City of Carson, California, on March 3,
2015, at which there will be submitted to the voters a ballot measure to consider the question of
whether to extend the term of the Carson Utility Users Tax ; and
WHEREAS, California Elections Code § 9285 authorizes the City Council, by majority
vote, to adopt provisions to provide for the filing of rebuttal arguments regarding city measures
submitted at the election;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Pursuant to Elections Code § 9285, when the City's designated elections
official has selected the arguments for and against the measure which will be printed and
distributed to the voters, the City's designated elections official shall send copies of the argument
in favor of the measure to the authors of the argument against, and copies of the argument
against to the authors of the argument in favor. The authors may prepare and submit rebuttal
arguments not to exceed two hundred and fifty (250) words in length. The rebuttal arguments
shall be filed with the City Clerk not more than ten (10) days after the final date for filing direct
arguments. Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
Section 2. All previous resolutions providing for the filing of rebuttal arguments for
city measures are repealed.
Section 3. The provisions of Section I of this Resolution shall apply only to the
election to be held on March 3, 2015, and shall then be repealed.
Section 4. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carson,
California, at a regular meeting held on the 21 st day of October, 2014.
. EXHIE31-r NO a 4
01007.0001/173987.2
JIM DEAR, MAYOR
J
ATTEST:
CITY CLERK OF THE CITY OF CARSON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES )SS
1, DONESIA GAUSE, City Clerk of the City of Carson, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of said City Council held on the
2 1 st day of October, 2014; by the following roll call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
DONESIA GAUSE, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
2
01007.0001/173987.2
UUTSURVEY
October 9, 2014
Cities with UUT
UUT Rate
Electric
Gas
Water
Telecom
Cable
Expiration Date
Carson
2%
Beliflower
7%
March 2018
Compton
10%
8.5%
No sunset date
Culver City
11%
No sunset date
Downey
5%
4.5%
No sunset date
El Segundo (Commercial Only)
3%
2%
No sunset date
Gardena
5%
No sunset date
Hawthorne
5%
_jNo
sunset date
Hermosa Beach
6%
5.5%
5.5%
No sunset date
Inglewood
10%
8%
8%
Every 3 years*
Lakewood
3%
No sunset date
Lawndale
5.5%
INo sunset date
—Long Beach
5%
INO
sunset date
—L.A. City
10%
9%_
No sunset date
L.A. County (Unincorporated)
4.5%
No sunset date
Norwalk
5.5%
No sunset date
Paramount
3%
No sunset date
Rancho Palos Verdes
3%
Suspended
telecom 8-19-14
Redondo Beach
4.75%
No sunset date
Seal Beach
11%
No sunset date
Santa Monica
10%
1
IN'o
sunset date
Torrance
6.5%
6%
[No
sunset date—
Cities Without UUT
Artesia
Cypress
Lomita
Manhattan Beach
Palos Verdes Estates
Rolling Hills
Rolling Hills Estates
Signal Hill
Thousand Oaks
SUMMARY
Total number of cities responding to survey = 32
Number of cities that apply UUT to utilities = 22