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HomeMy WebLinkAboutCC AG PKT 2011-06-13 #E AGENDA STAFF REPORT DATE: June 13, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, Acting City Manager FROM: Robbeyn Bird, CPA Director of Administrative Services/ City Treasurer SUBJECT: UTILITY USERS TAX (UUT) - ANNUAL REVIEW SUMMARY OF REQUEST: Staff recommends the City Council receive and file the 2011 Utility Users Tax report and introduce Ordinance No. 1610 amending Section 4.50.070 of the City Municipal Code as follows: "The rates set forth in this chapter shall be reviewed by the City Council on an annual basis at a regularly scheduled meeting ne later than April 30th of ouch year in conjunction with the adoption of the budget." BACKGROUND AND ANALYSIS: On March 26, 1973, the City of Seal Beach adopted Ordinance Number 899 imposing a Utility Users Tax at the rate of 5% on telephone, gas, and electricity services provided to residents. On May 24, 1993, the UUT was increased from 5% to 11%. Section 4.50.070 of the City's Municipal Code requires that the rates for the Utility Users Tax be reviewed annually no later than April 30 However, at the August 10, 2009 City Council meeting, the City Council approved staffs recommendation to review the UUT in conjunction with the budget process, but the Municipal Code language was not amended. This report fulfills the requirement to annually review the UUT and make a recommendation regarding the rates. The UUT is the second largest revenue source to the General Fund providing $5.1 million or 19% of General Fund revenue. It is the most reliable and stable funding source that the City has due to the fact that it is under local control. The UUT funds many of the capital improvement projects needed in the City; such as, street improvements, storm drains, and beaches & pier projects. Without the Agenda Item E Page 2 City's UUT, it would be impossible to continue the aggressive capital improvement program established by the City and maintain the City's core services at the current levels. The fiscal year 2011/12 budget projected $26.2 million in revenue and $29.3 million in expenditures. The expenditures include $3.3 million in capital projects. Therefore, the amount that operating revenues exceed operating expenditures is approximately $207,000. FINANCIAL IMPACT: By reducing the UUT, capital projects funded out of the General Fund and /or City services would need to be reduced significantly to maintain a balanced budget. Alternatively, the City would need to use reserves to fund services for the difference between revenues and expenditures. The latter is a temporary solution and could not be sustained over time. RECOMMENDATION: Staff recommends the City Council receive and file the Utility Users Tax report and introduce Ordinance No. 1610 amending Section 4.50.070 of the City Municipal Code directing staff to report annually during the budget adoption process as to the feasibility of reducing the UUT. SUBMITTED BY: NOTED AND APPROVED: Robbeyn`Bird, CPA it . Ingram, Director of Administrative Services/ Acting City Manager City Treasuer Attachments: A. Ordinance No. 1610 ORDINANCE NUMBER 1610 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 4.50.070 OF THE SEAL BEACH MUNICIPAL CODE REGARDING THE ANNUAL REVIEW OF UTILITY USERS TAX RATES THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 4.50.070 of the Seal Beach Municipal Code is hereby amended to read as follows: "The rates set forth in this chapter shall be reviewed by the City Council on an annual basis at a regularly scheduled meeting in conjunction with the adoption of the budget." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the day of , 2011. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 13th day of June , 2011 and was passed, approved and adopted by the City Council at a regular meeting held on the day of , 2011 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 1610 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk