HomeMy WebLinkAbout2004-1081
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RESOLUTION NO. 2004-108
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING ENACTMENT OF AN IMMEDIATE
REDUCTION IN THE UTILITY USER'S TAX RATE AND A FORMULA FOR THE
REDUCTION OF THE UTILITY USER'S TAX IN SUBSEQUENT YEARS, AND
REPEALING RESOLUTION NO. 2001-239
WHEREAS, the Mayor and Common Council of the City of San Bernardino desire
the reduction of the service user's tax established by San Bernardino Municipal Code Section
3.44, commonly called the utility user's tax; and
WHEREAS, the Mayor and Council also desire to preserve and fully fund public
safety personnel, and the public's safety shall in no way be compromised by this tax reduction;
and
WHEREAS, the Mayor and Council has determined that a systematic process for
reduction of the utility user's tax is necessary to achieve this goal; and
WHEREAS, the concept behind the utility tax reduction is that as major General Fund
revenue sources are projected to increase from year to year, a portion of this projected net
revenue increase shall be used to reduce the utility user's tax rate based on the following
formulas;
NOW, THEREFORE, IT IS RESOLVED by the Mayor and Common Council of the
City of San Bernardino, California, as follows:
Section 1. FY 2003 - 04 Calculation: The following definitions, formula, and
process are hereby established for the calculation of an immediate utility user's tax rate
reduction :
A. Definitions:
City General Fund Revenue Indicators (A) shall equal the estimated total of sales tax, vehicle license fees,
property tax, business registration, franchise fee, other intergovernmental revenues, and utility user's tax revenue
for the 2003-04 fiscal year, as projected in the City's FY 2003-04 Mid -Year Budget Review, adjusting for any
one-time gains or losses in these revenue categories and/or the cost of any Utility User's Tax rebate or credit
program that may be offered in that year.
City General Fund Revenue Indicators (B) shall equal the projected total of sales tax, vehicle license fees,
property tax, business registration, franchise fee, other intergovernmental revenues, and utility user's tax revenue
for upcoming FY 2004-05 fiscal year as indicated by the projections included in the City's FY 2003-04 Mid Year
Budget Review , adjusting for any one-time gains or losses in these revenue categories and/or the cost of any
Utility User's Tax rebate or credit program that may be offered in that year.
CPI shall equal the Consumer Price Index for All Urban Consumers (CPI-U) for the 12-month period ended each
February, as published by the U.S. Department of Labor's Bureau of Labor Statistics.
2004-108
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E
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING ENACTMENT OF AN IMMEDIATE
REDUCTION IN THE UTILITY USER'S TAX RATE AND A FORMULA FOR THE
REDUCTION OF THE UTILITY USER'S TAX IN SUBSEQUENT YEARS, AND
REPEALING RESOLUTION NO. 2001-239
B. Formula:
Step 1:
Step 2:
Step 3:
Step 4:
C. Process:
B — (A increased by CPI ) = Net Revenue Growth (G)
20% of G = Amount of revenue available for rate reduction (R)
If R is less than or equal to zero, then there is no rate reduction.
If R is greater than zero, than the rate may be reduced as follows:
(R divided by the more recent year adjusted UUT ) = P
Current UUT rate - (Current UUT Rate x P) = New rate
hi April 2004, a utility user's tax rate reduction shall be calculated by the Finance
Department using the definitions, formula, and process established by Section 1 of this
resolution. These calculations shall be presented to the Mayor and Common Council in April,
along with an analysis of the City's current financial condition and other appropriate financial
information. An ordinance shall be adopted that amends San Bernardino Municipal Code
Section 3.44 to establish the new, reduced utility tax rate. It is intended that this rate reduction
shall be effective July 1, 2004, and shall be adopted in accordance with a schedule that allows
sufficient time to provide adequate notice to utilities as required by California Public Utilities
Code Section 799.
D. Result:
Using the calculation methodology as outlined in Section 1, Parts A through C above,
the City's utility tax rate shall be reduced to 7.93%.
Section 2. Calculations beginning in FY 2004-05 and in subsequent fiscal years:
The following definitions, formula, and process are hereby established for the calculation of a
utility user's tax rate reduction during the FY 2004-05 fiscal year and in subsequent fiscal
years:
A. Definitions:
City General Fund Revenue Indicators (A) shall equal the total of sales tax, vehicle license fees, property tax,
business registration, franchise fee, other intergovernmental revenues, and utility user's tax revenue for the
previous fiscal year as indicated by the unaudited actual totals for the previous fiscal year, adjusting for any one-
04113104 2: 29 PM
2004-108 -
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING ENACTMENT OF AN IMMEDIATE
REDUCTION IN THE UTILITY USER'S TAX RATE AND A FORMULA FOR THE
REDUCTION OF THE UTILITY USER'S TAX IN SUBSEQUENT YEARS, AND
REPEALING RESOLUTION NO. 2001-239
time gains or losses in these revenue categories and/or the cost of any Utility User's Tax rebate or credit program
that may be offered in that year.
City General Fund Revenue Indicators (B) shall equal the estimated total of sales tax, vehicle license fees,
Property tax, business registration, franchise fee, other intergovernmental revenues, and utility user's tax revenue
for the fiscal year during which this rate reduction calculation is made, as estimated in the approved budget,
adjusting for any one-time gains or losses in these revenue categories and/or the cost of any Utility User's Tax
rebate or credit program that may be offered in that year.
CPI shall equal the Consumer Price Index for All Urban Consumers (CPI-U) for the 12-month period ended each
August, as published by the U.S. Department of Labor's Bureau of Labor Statistics.
B. Formula:
Step 1: B — (A increased by CPI) = Net Revenue Growth (G)
Step 2: 20% of G = Amount of revenue available for rate reduction (R)
Step 3: If R is less than or equal to zero, then there is no rate reduction.
If R is greater than zero, than the rate may be reduced as follows:
(R divided by the more recent year adjusted UUT ) = P
Step 4: Current UUT rate - (Current UUT Rate x P) = New rate
C. Process:
1. Each November, a utility user's tax rate reduction shall be calculated by the
Finance Department using the definitions, formula, and process established by Section 2 of this
resolution.
2. These calculations shall be presented to the Mayor and Common Council in
November of each year, along with an analysis of the City's current financial condition and
other appropriate financial information, including a comparison of revenue and expenditure
growth for the five (5) previous fiscal years.
3. If the five-year average of growth in General Fund revenues exceeds the five-
year average of growth in General Fund expenditures by more than 3.5%, and the current
year's General Fund budget and/or any of the prior five years' budgets did not include
borrowing, refinancing, or using the budget reserve in order to be balanced, an ordinance shall
be adopted that amends San Bernardino Municipal Code Section 3.44 to establish the new,
04113104 9: 36 AM
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EV
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING ENACTMENT OF AN IMMEDIATE
REDUCTION IN THE UTILITY USER'S TAX RATE AND A FORMULA FOR THE
REDUCTION OF THE UTILITY USER'S TAX IN SUBSEQUENT YEARS, AND
REPEALING RESOLUTION NO. 2001-239
reduced utility tax rate. This rate reduction shall be effective July 1 of the following fiscal
year, and shall be adopted in accordance with a schedule that allows sufficient time to provide
adequate notice to utilities as required by California Public Utilities Code Section 799.
Section 3. Repeal of previous resolution: Resolution 2001-239 is hereby repealed.
04113104 9: 36 AM
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2004-108
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING ENACTMENT OF AN IMMEDIATE
REDUCTION IN THE UTILITY USER'S TAX RATE AND A FORMULA FOR THE
REDUCTION OF THE UTILITY USER'S TAX IN SUBSEQUENT YEARS, AND
REPEALING RESOLUTION NO. 2001-239
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a ] t. reg. meeting thereof, held on the
19thday of April 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
Cit Clerk
The foregoing resolution is hereby approved this 2Zncf_ day of April
2004.
Approved as to
Form and legal content:
JAI
Cit
h Valles, Mayor
of San Bernardino
04113104 9: 36 AM