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HomeMy WebLinkAboutReso 1970-5796 RESOLUTION N0. 5796 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A STATEMENT OF UNDERSTANDING OF THE 5AN DIEGO GAS & ELECTRIC COMPANY IN THE COLLECTION OF THE CITY OF CHULA VISTA'S UTILITY USERS TAX The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the San Diego Gas & Electric Company on September 2, 1970 commenced adding the five percent (5%) City of Chula Vista's utility users tax to bills to their customers in the Chula Vista area, and WHEREAS, it is desirable that certain understandings be reached relative to the collection of said utility users tax, and WHEREAS, said understandings are included in Exhibit "A", a copy of which is attached hereto and by this reference made a part hereof, the same as though fully set forth herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that that certain letter setting forth certain understandings between the City of Chula Vista and the San Diego. Gas & Electric Company as set forth in Exhibit "A", a copy of which is attached hereto, be, and the same is hereby adopted by the City Council of the City of Chula Vista. Presented by Approved as to form by t ~~ ~~/, , George D. ndberg, Ci y Attorne George D T/~indberg, City Attorn ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th day of September , 1970 , by the following vote, to-wit: AYES : Councilmen Scott, Hob el, Hamilton, Hyde, Egdahl NAYE S : Councilmen None ABSENT: Councilmen None Mayor of the City o ,! ~ ., (( ,. . ATTEST ~...t... i~_ ... ~. G ~,~ ~ ' ~ ~ t tr,-~, i 1` 'ty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) ula Vista I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed. DATED City Clerk SD~E SAN DIEGO GAS & ELECTRIC COMPANY P. O. BOX 1fl31 SAN DIEGO, CALIFORNIA J2112 FILE No. MUD 010 August 27, 1970 Mr. George D. Lindberg, Esquire City Attorney Civic Center 2 76 Guava Street Chula Vista, California 92010 RE: City of Chula Vista Utility Users Tax Dear Mr. Lindberg: I am writing to you pursuant to our previous conversations and in furtherance of our understanding regarding the details of the collection of the above referenced tax by my Company. We both have felt that this was necessary because these particulars are not covered by your Ordinance, and to have the matters clearly in mind now will perhaps avoid misunder- standing at some future time. We have agreed upon the following specific items regarding San Diego Gas & Electric Company's collection and payment to you of the tax: 1. The tax will first appear on bills mailed by us in September 1970 representing our billing cycle 1. The meters for these accounts will be read on August 31, 1970 and the bills will be printed by our Data Processing on September 2, 1970. Thereafter, all bills subject to the tax will reflect its application. 2. Tax amounts will appear as separate items on the bills. 3. In cases where the City annexes territory containing existing customers of the Company, the tax will be applied to the first full month of billing for the accounts involved. 4. Our billing records will be maintained for a period of two years, in accordance with California Public Utilities Commission requirements. -------_ _, ~~ , s ,~ INVESTOR-OWNED 8Y MORE THAN ?5,000 STOCKHOLDERS Mr. George D. Lindberg Page Two August 27, 1970 5. The Company is not required to maintain special records for the benefit of the City. 6. A single page monthly statement will be rendered to the City with our check itemizing taxes billed the previous month, charged off bad debt total, bad debts collected, tax amount due and amount submitted. 7. A quarterly report of persons refusing to pay the tax will be supplied to the City. 8. The Company will not be required to make any collection effort on behalf of the City for unpaid taxes. 9. In accordance with Section 30. 509(1) of the Ordinance, if less than the full amount of the charge and tax which has accrued for the billing period is paid, a proportionate share of both the charge and the tax shall be deemed to have been paid, except in those cases where the customers conveys to the Company the intent to pay the bill or a portion thereof only and not the tax. 10. All questions regarding application of the tax, exemptions or complaints received by the Company will be referred to the City Administrator's office for reply. I believe that this completes the list of matters requiring specific understanding at this time. Hopefully this agreement can be open ended so that as problems in the future are considered and resolved, those solutions can also be reduced to writing so that we constantly have an up to date and accurate document reflecting our collection and payment procedures under your ordinance. I understand that you intend to recommend to the City Council that they adopt a Resolution consistent with our agreement upon the matters hereinabove set forth, and I wholeheartedly agree with that suggestion. Your courtesy and cooperation in this matter are sincerely appreciated. With kindest personal regards, Very truly yours, f,,. .; ~. Thomas M. Sagar % ~ Assistant General.~.Attorney TMS:jeb a r ._ ~ -, < ) 1 ~~.` _ .> r ~",i {p ~r~ r. f 'J~.-~3 s:~s,i~~ "i l,. r :ro.+..~ ts~i :,~, rip ``~~ ~ r~.:,~, ~ a N ~..~ e. ~ ~ .:. ,r: rif ~ 2;d; ¢ t, r ~. .. ~ ~ ,~y~~ e City o~ C~u.Qa ~U~sta OFFICE OF THE CALIFORNIA CITY ATTORNEY DATE: September 3, 1970 TO: The Honorable Mayor and City Council of the City of Chula Vista, John R. Thomson, Acting Chief Administrative Officer FROM: George D. Lindberg, City Attorney The San Diego Gas & Electric Company has prepared a letter of under- standing which seems to be fully acceptable to this office and to the Acting Chief Administrative Officer. It would be desirable for the Council to officially approve said understandings by resolution so that the various items will become a matter of policy to the City and not simply administrative deter- minations. The gas and electric company has also prepared for their own employees a list of questions and answers concerning the utility tax. These have been reviewed by the City Attorney, and it is felt that they will be extremely helpful in dealing with the public who will have questions regarding this tax. Copies of the questions and answers have been provided for the Council's information. It is suggested that the questions and answers also be provided to key staff people in the City of Chula Vista so that they will be able to provide ready answers to the public when the new tax gets into full operation. GDL:lgk Att. ~.~ CSC ` ~ /~' ~. ,~, ~-- QUESTIONS AND ANSWERS ON 5% PUBLIC UTILITY USERS TAX CITY OF CHULA VISTA 1. Will your Company shut off my service for not paying the tax? Answer No. We shut off service for non-payment of energy charges only. 2. What will happen if I refuse to pay the tax? Answer Please state the reason for your refusal to pay the tax in writing and we will convey this to the City. 3. Can I pay for gas and electric services without paying the tax? Answer Yes, however, we are required to report this fact to the City. 4. Will SDG&E accept delinquent tax money? Answer Yes, if it is shown on your bill as a past due amount. 5. What is the penalty for not paying the tax? Answer Any person owing money to the City under the provisions of this Ordinance shall be liable to an action brought in the name of the City for the recovery of such amount. This person would be liable for prosecution on a misdemeanor. 6. Will it affect my credit with your Company if I don't pay the tax? Answer No. The Company is only the collecting agent for the Gity. 7. To whom can I protest this tax? Answer This tax can be protested to the Chula Vista City Administrator's Office. 8. Will the tax portion be deducted from my meter deposit? Answer No. The meter deposit is to cover costs of energy only. g. When service is shut off for non-pay, does the customer have to pay the amount of the tax before service can be restored? Answer No, because service will not be shut off for non-payment of the tax. 10. Who is exempt from paying the tax? Answer Certain branches of government and others as designated by the City. 11. Do charitable organizations have to pay the tax? Answer Yes, the City Ordinance reads that any "service user" shall pay the tax unless specifically exempted by the City. a -2- 12. If SDG&E is taxing customers in Chula Vista, why doesn't the tax apply to customers living in other areas? answer The tax is being imposed by the City of Chula Vista, not by the San Diego Gas & Electric Company. 13. Are utility users over 65 years of age who have a fixed income exempt from paying the tax? Answer No. The Ordinance says nothing about age or ability to pay this tax. 14. Will only property owners be taxed? Answer No. All users of gas, electric, and telephone service will be taxed unless specifically exempted by the City. 15. Will all future residents be charged the tax? Answer Yes, if the point of service is within the City limits of Chula Vista, and the City has not specifically exempted the user. 16. How do we obtain an exemption? Answer We suggest that you apply to the Chula Vista City Administrator's Office. 17. I own a second house outside of Chula Vista but I live in Chula Vista. Will I be taxed on the service to the house outside of Chula VistaY Answer No. The tax is imposed on utility users within the City. 18. Is the tax prorated on bills for a partial month's service? Answer The tax will be computed on the total gas and electric bill rendered even though it may be for less than one month's service. 19. When will the tax first appear on my bill? Answer It will appear on all bills rendered during the month of September and thereafter. 20. Does the tax apply to gas and electric consumption charges only? Answer No, it also covers telephone service within the City of Chula Vista, and it applies to a 11 regular or special energy charges within our tariffs such as service establishment charge, minimum charge, and demand charge. 21. When do I pay the Utility Tax? Answer It should be paid with your gas and electric bill. .-~-~~, "~'~" ~- \~~~ J s -3- 22. Are Service Establishment and Service Charges taxed? Answer Yes, taxes are computed on the total gas and electric bill. 23. Does SDG&E charge the City of Chula Vista the costs of collecting the tax? Answer No. Our Management has decided that because of the nominal cost involved, we will perform this service at no charge to the City of Chula Vista. 24. Can you send a separate statement for the tax portion, or bill it quarterly? Answer No. The tax is shown as a separate item on your bill and, according to the Ordinance, it must be paid monthly. 25. If I have been over billed, will I receive a tax rebate? Answer Yes, in the amount of the tax over charge. 26. I am a mobilehome park owner, with master metered service. How do I manage to pass this tax on to my tenants? Answer If your tenants are sub-metered, you may collect 5% on their total monthly bill. Without submeters, you could increase the rent to cover the tax you must pay to the City. 27. Is the 5~ Utility Tax a fairer tax than a raise in property taxes? Answer This is not for our Company to decide. Questions like this should be referred to the City. 28. Where does the utility tax money go? Answer It goes into the City of Chula Vista General Fund. 29. Is the San Diego Gas & Electric Company in favor of the 5% Utility Tax? Answer We are neither for or against it. The City Council decided to levy the tax. The Company is merely the collecting agent. 30. Did San Diego Gas & Electric Company levy this tax? Answer No. This wau decided upon by the. City Council of Chula Vista. 31. Will a portion of this tax money be used for the undergrounding of existing overhead electric facilitiRS in Chula Vista? Answer The City will decide how the funds are to be used. 32. Is this tax to a residential user a deductible item on his income taxes? Answer We understand that it is not. If there are questions on this, the questioner should be referred to the Internal Revenue Service or a tax accountant. ~'~~~~ ~ ~ L" ~ 1 ~~ ;' J _4_ 33. Does the PUC have any jurisdiction over such taxes? Answer So far as we know, none. Similar taxes are being levied by 25 other cities in California. 34. Is 5% a normal rate of tax for utility bills? Answer We understand that certain other California cities have enacted a 590' tax. 35. Is this a permanent tax? Answer We have no way of knowing. This would have to be decided by the Chula Vista City Council. 36. I am an employee and I live in Chula Vista. Will the tax be imposed on the gross amount of my bill or the net amount? Answer The tax will not be applied to that portion of your bill that you receive as an employee's discount. __---- -,