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Home My WebLink AboutNovember 2, 2010 - General Municipal Election - Ballot Measu (14) 77 a.. amp;. .?, .�;i •» .� '°.;- 1. a, rf N a'`,a+.,7 s„ a a mu s ram, 3 }.e `S� f�, � � n v4 � - .. r" K ey '` -s .�.`•~: ...... � � "��t�"��:�� "' " '�� •! xn;rsz ;... . '.a AF x� tom' x i ZI x �,F a t r 2000 Main Street Huntington Beach CA 92648 LIUOI:JlJL1L1l1��t1 �O�© IJO��L1Llg ��oU��ISLIOLILLu LIUUUUUnO�WO��o�o� El Permanent Absentee Voters should have received their ballots the week of October 4. If you have not received yours, call: (714) 567-7600. 0 Poll voting occurs on November 2. Polls are open 7am-8pm. El There are nine state propositions on your ballot. E The City of Huntington,Beach has four local measures on the ballot: Measures N (Charter Revision), O (Infrastructure Fund), P (Tax Reduction/Modernization) and Q (Cell Tower). For more information on our local measures, visit www.huntingtonbeachca.gov — 1 ,, -ps.'fir s'},I I,.k At rs ¢ "z� *'- '� ,� k x. a x `*ter 'M r "" '`:.: # c? 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' yz :: a J z, . . _ . ,"i MLEM �.1, , �x k ,+, `� [ � i3 , � . ..;.,� y g a z., s ay �, , 4_,' ' - " ffo ...,ems .. k I .:� ;� I^€CPU , ^ RMUM—Twnum [ag �6]A .. . 11 ,`I'll ,n � � � - e #a �x ' a '. . e " , ry F � �. �� . ,..t Cl�� f " " r wa Ii our November 2010,;Ballot features nine State Propositions and four`local ballot Measures N O P and Q For rriore information on all of these measures visit www OCvote coin ,..;,�"Z',.�,,,.!,I,.,,.�',,''_:.,l'�,�4�,,'-,"".�,",�,_,,,-��,,��,��,'l�"�,�,�',�:��,",,,,�,'�"'-��,�",�,,''1��,�,�'j'"�,T",,1�-i,",,'_',1",'`,:,'�,,�,,',",j,,,N"�,�,,�.-_,",,,��,��,-��,,,,_,�,",,,,�",,,,''l�"_��,,'�;,�,,,-,,,,`,.'-,,_-,,�,','�,,�?,n,,,'",,,,",;,l��,,T��1,,,�,"1z",,��i,�5,,",,v,�,"�,t"�,,i.',,,.,,',,,",',";,"",��,�"��',;�,,�",�'y,",�`i,,,-',,,,�l,,"",,4.�,,"il��l,',g,�-,:_�,�,'',,�'",_i,i�,,,;��`��'��,,�,,,"_,,!',,,'�,,"�-1,'�'''j'��,,�I�,A,'''�"","",�I.��,��,,�'`�',N,,,il,,�,_"�l,,,,�,,,"'1,��,.',�:�,,,,�1,,e�,�,1�,�,_,-_ > > > We've received questions}from .the community about Measure P iMeasure P simply updates the City's 40 year old utility users' tax ordinance tocomply with current feder`aLlaws ensuring that all taxpayers a`re treated equally regardless' I the technology used j F - y ` �, MeasureYP lowers the tax�rate for telecommunications and cable services and rnairitams'current rates for`electricity, gas and water services, without any increase Revenues from the WT are used to fund eneral city services, such as g ,i k c :, 1 ❑ maintaining police patrols of streets and neighborhoods, 2 s #4 a C1 supporting after school land,se" programs, fundm outh anti an and anti drn ro rams and _ ,. ?!,� g..Y g g ., , g ,__ C paying for citystreet sweeping services that lash year prevented 3,900 "tons of debris from polluting our.beaches and coastal waters 4 Many residents live in Huntington Beach because it offers a—higher level of service; programs and,quality of�I'hfe than neighboring cities Main"taming this,revenue source will ensure that our City can rnamtam and improve the high quality services that we expect 3 �, m o o. Water Bill insert- 1/3 page 3 5/8"x 8.5" black ink on pink paper City Measures on the November General Ballot Measure N-Shall proposed CharterAmendment No.1, revising and restating the Charter of the City of Huntington Beach(excluding changes to Section 617 entitled Infrastructure Fund)as set forth in the proposed measure be approved? Measure O-Shall proposed CharterAmendment No. 2, amending Section 617 of the Charter of the City of Huntington Beach entitled Infrastructure Fund, as set forth in the proposed measure be approved? Measure P-Huntington Beach Utilities Users Tax Modernization/Reduction Measure—To preserve vital city services shall Huntington Beach's existing utility user's ordinance be modernized and reduced by.1 to maintain 9-1-1 emergency response times,police officers, firefighters, public safety communications/ equipment, senior services, storm drains and other city services, requiring equal treatment of taxpayers regardless of technology used with low-income senior exemptions, annual audits, local control of funds, and no rate increase without voter approval? (See reverse side for additional information) Measure Q-Huntington Beach Private Wireless Communication Facilities Advisory Measure—Shall the City permit the installation of a mobile telephone antenna at Harbour View Park,located at 16600 Saybrook Lane and at Bolsa View Park, located at 5741 Brighton Drive? For more information, seethe City Websitewww.huntin tonbeachca. ov INFORMATION ON MEASURE P Since 1970, residents of Huntington Beach have paid a UUT (utility users tax) to fund essential city services such as public safety, 9-1-1 services and senior programs. 150 other California cities use this type of funding to provide vital services that communities rely upon. Measure P, on the November General Election ballot, simply updates our outdated,40-year old UUT ordinance to comply with current federal law. Measure P lowers the tax rate for telecommunications and cable services, while ensuring that all taxpayers are treated equally, regardless of the technology used. Measure P will NOT change electricity, gas or water services, and does NOT increase your water rates. For more information about Measure P, visit www.Hunt!ngtonbeachca.gov GcJrrJ /* /7,t, A,,)) C.C. Council/Agency Meeting Held:_ 0 1z) Deferred/Continued to: pr vec� C di ion I A pr v d ❑ Denied Cit le s Sign re Council Meeting Date: July 6, 2010 Department ID Number: FN 10-018 : CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Administrator PREPARED BY: Bob Wingenroth, Director of Finance SUBJECT: Adopt Resolution No. 2010-46 of the City Council of the City of Huntington Beach Submitting to the Qualified Electors of the City at the November 2, 2010 General Municipal Election a Measure Related to the City's Utility Users's Tax (proposed Ordinance No. 3883) Statement of Issue: With recent changes in federal regulations, litigation and potential legislation, the City of Huntington Beach, and many other California cities with Utility Users' Tax (UUT), face the possible loss of these revenues as they relate to telecommunications and cable. In order to protect these revenues, the definitions contained in the City's UUT ordinance must be updated. In accordance with the requirements of proposition 218, such an update requires a vote of the people. If the existing UUT revenue is lost, it would have substantial impact on the City's ability to provide essential services. The attached resolution submits the attached modernized UUT ordinance related to telecommunications and cable to the voters at the November 2, 2010, regular municipal election. Financial Impact: The updates to the UUT ordinance, including the reduction to the current tax percentage on telecommunications and video services from 5.0% to 4.9%, are anticipated to be revenue neutral. Failure to modernize the City's UUT ordinance relative to telecommunication services could result in the long term loss of over $5 million dollars annually from the General Fund. Recommended Action: Motion to: Adopt Resolution No. 2010-46, "A Resolution of the City Council of the City of Huntington Beach Submitting to the Qualified Electors of the City a Communications Utility Users' Tax Measure; Setting Priorities for Filing Written Arguments and Directing the City Attorney to Prepare Impartial Analysis," submitting a measure to reduce the telecommunications and video services percentage tax rate and to modernize the definitions of the City's Utility Users' Tax (UUT) on telecommunications and video services. Alternative Action(s): Do not approve the measure being placed on the ballot. -775- Item 10. - Page 1 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/6/2010 DEPARTMENT ID NUMBER: FN 10-018 Analysis: The City 'of Huntirig'toh.-Beach imposes a user tax,on the .use ;of telephone communications and video services. The tax is currently imposed at a rate of 5% on'the charges billed. The City's tax on telecommunications has been historically applied in a similar manner as the application of the Federal Excise Tax (FET) upon local and long distance telecommunication services as the FET is interpreted by the Internal Revenue Service (IRS). With the growth of wireless communications, a national dispute arose regarding the application of the FET to long distance phone calls. The FET statute defines long distance or "toll" calls as those for which charges varied according to both_the elapsed time of the call and the distance between the persons on the call. Today, long distance calls are based on time only, or in the case of cellular calls, they may also be based on a flat monthly rate. On May 25, 2006, the IRS issued a Notice that it intended to stop applying the FET to nearly all telephone communication services, except local exchange services, which leaves only about 25% of all the telecommunication services as federally taxable. This IRS action came following many federal court losses involving the outdated definition of "toll telephone service" (or long distance) contained in the FET. The action concedes that the FET no longer applies to wired and wireless long distance services which are billed on time only, and not both time and distance (and other bundled services such as "Voice Over Internet Protocol" (VOIP) and prepaid cards). Like the vast majority of California cities that have a UUT, Huntington Beach's ordinance referred to the FET and some of its many exemptions, in response to the telephone companies' request of many years ago to do so to achieve administrative ease. The IRS Notice reversed its prior Revenue Rulings and interpretation of the FET, which the City relied upon in applying the telephone users' tax to telecommunications services. There is now a legal question-as to whether the IRS Ruling, which dramatically reduces the scope of taxable services, applies to the City's UUT. This issue is now in litigation in three class action lawsuits against UUT public agencies in the Los Angeles area. In fiscal year 2008/09, Huntington Beach's total UUT revenues were $20.5 million; of which UUT related to telecommunications represented $7 million. Potentially, 75% or more of the telecommunications revenues are at risk, and an amount equivalent to one year's collections may be required to be refunded upon request of individual taxpayers. Updating the definitions of telecommunications in the City's UUT ordinance would eliminate the issues raised by the repeal of the FET and various lawsuits. Provisions of California's Proposition 218 necessitate that any such update be subject to vote of the people. Accordingly, attached resolution submits the attached modernized UUT ordinance related to telecommunications to voters at the November 2, 2010, regular municipal election. The proposed amendment would also update the telecommunications and cable definitions and other provisions. The new definitions are intended to better stand the test of time and to be more technology-neutral than the current ordinance. It is our intent that this update of definitions result in a revenue neutral change. In order to determine whether to reduce the tax rate and, if so, how much to reduce the rate to achieve revenue neutrality, we contacted other similar sized cities that have modernized their ordinance. Each city contacted had a unique ordinance; some reduced their tax rate while others maintained the existing rate. For Item 10. - Page 2 -776- REQUEST FOR COUNCIL ACTION MEETING DATE: 7/6/2010 DEPARTMENT ID NUMBER: FN 10-018 1 example, Long Beach maintained their tax rate at 5.0% and their revenues increased slightly. . San Bernardino lowered their rate from 7.83% to 7.75% and their revenue went down slightly. Ventura dropped their rate from 5.0% to 4.5% and their revenues remained flat. The majority of the cities reduced their rate and the majority of cities reported revenue neutrality. Based upon this research, we recommend that our rate-be reduced.from 5.00% to 4.90%. Environmental Status: Not applicable Strategic Plan Goal: Maintain financial viability and our reserves Attachment(s): .. Description No 2010-46,',W Resolution of the City Council of'the Of of Huntington Beach Submitting to the Qualified Electors of the City a Communications Utility Users' Tax Measure; Setting Priorities for Filing Written Arguments and Directing the City Attorney to Prepare Impartial Analysis" which includes Attachment#1, Proposed Ordinance No.3883, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 3.38 Regarding Communication Users' Tax" f -777- Item 10. - Page.3 ATTACHMENT # 1 RESOLUTION NO. 2010-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY A COMMUNICATIONS UTILITY USERS' TAX MEASURE; SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSIS WHEREAS, City Council Resolution No. 2010-34 has called a General Municipal Election to be held on Tuesday,November 2, 2010; and The City Council also desires to submit to the voters at the election a measure regarding the adoption of a modernized Communications Utility User Tax("UUT")ordinance;and Residents of the City of Huntington Beach currently pay a UUT on electricity,water gas, cable television and telecommunications which is used to fund essential City services such as public safety 911 program services, and senior programs; and The City Council desires to reduce the UUT rate on telecommunications and video and modernize the telecommunications and video UUT ordinance to keep pace with technological advances and changes in state and federal law; and Proposed Ordinance No. 3883 attached hereto and incorporated herein by reference as Attachment"1"(the"Ordinance")will implement the proposed revisions to the tax;and Pursuant to Government Code Section 53724 and Election Code Section 9222, and California Constitution Article 13,the City Council desires to submit the Ordinance to the qualified electors of the City at the Election; and City Council wishes to authorize arguments in favor of and in opposition to the.as well as authorize impartial analysis of the measure identified herein, NOW THEREFORE, THE CITY COUNCIL of the City of Huntington Beach does hereby resolve, declare, determine and order as follows: SECTION 1. The City Council finds and determines that each of the findings set forth above are true and correct. SECTION 2. Upon 30 days after voter approval, the general taxes as well as the proposed change to the type of tax,the rate of the tax,and the method of tax collection as set forth in the attached Ordinance shall become effective. 49125 Resolution No. 2010-46 SECTION 3. Pursuant to Elections Code Section 9222, the City Council hereby submits the Ordinance to the voters at the.on November 2, 2010 election and orders the following question to be submitted to the voters at the Election: Huntington Beach UUT Modernization/Reduction Measure To preserve YES vital city services shall Huntington Beach's existing utility users' ordinance be modernized and reduced by .1% to maintain 9-1-1 emergency response times,police officers,firefighters,public safety communications/equipment, NO senior services,storm drains and other city services,requiring equal treatment of taxpayers regardless of technology used with low-income senior exemptions,annual audits,local control of funds,and no rate increase without voter approval? This question requires the approval of a majority of those casting votes. SECTION 4. The measure to be submitted to the voters is Ordinance No. 3883 to this Resolution hereto as Attachment"U' SECTION 5. In all particulars not specified in this Resolution,the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of the time and place of holding the election is hereby given, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. Pursuant to California Elections Code Section 9280,the City Council hereby directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure,and transmit such impartial analysis to the City Clerk within ten(10) days of the adoption of this Resolution. SECTION 8. That with respect to the above entitled measure: a. That the City Council authorizes Joe Carchi o (Councilmember in Favor/Against) Gil Coerper (Councilmember in Favor/Against Jill Hardy (Councilmember in Favor/Againso Keith Bohr (Councilmember in Favor/A aainstA Don Hansen (Councilmember in Favor/Againso members of that body, to file a written argument regarding the Measure as specified above in accordance with Article 4,Chapter 3,Division 9 of the Elections Code of the State of California and 49125 Resolution No. 2010-46 to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the Measure may be submitted to the City Clerk. Said argument to 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 its principal officers. SECTION 9. 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 this 6th day of July, 2010. Mayor ATTEST: APPROVED AS TO FORM: jity Clerk U j0y Attorn y mV 7_t_10 REVIEWED AND APPROVED: Ci y A ministrator Attachment"1", Resolution No.2010-46 PROPOSED ORDINANCE NO. 3883 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 3.38 REGARDING COMMUNICATION USERS' TAX. The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding Chapter 3.38, said Chapter to read as follows: 3.38.010 Short Title. This chapter shall be known as the "Communication Users' Tax Law" of the City of Huntington Beach. 3.38.020 Definitions. The following words and phrases whenever used in this Chapter shall be construed as defined in this section. (a) "Ancillary telecommunication services" means services that-are associated with or incidental to the provision, use or enjoyment of telecommunications services, including but not limited to the following services: (1) "Conference bridging service" means an ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number. Conference bridging service does not include the telecommunications services used to reach the conference bridge. (2) "Detailed telecommunications billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement. (3) "Directory assistance" means an ancillary service of providing telephone number information and/or address information. (4) "Vertical service" means an ancillary service that is offered in connection with one or more telecommunications services, which offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference bridging services. (5) "Voice mail service" means an ancillary service that enables the customer. to store, send or receive recorded messages. Voice mail service does not include any vertical services that the customer may be required to have in order to utilize the voice mail service (b) "Ancillary video services" means services that are associated with or incidental to the provision or delivery of video services, including but not limited to electronic program guide 10-2580/49120 1 Attachment"1",Resolution No.2010-46 services, recording services, search functions, or other interactive services or communications that are associated with or incidental to the provision, use or enjoyment of video services. (c) "Billing Address" means the mailing address of the service user where the service supplier submits invoices or bills for payment by the customer. (d) "City" means the City of Huntington Beach. (e) "Communication Services" means: "telecommunications services", "ancillary telecommunication services", "video services" and "ancillary video services". (f) "Mobile Telecommunications Service" has the meaning and usage as set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124) and the regulations thereunder. (g) "Month" means a calendar month. (h) "Paging Service" means a "telecommunications service" that provides transmission of coded radio signals for the purpose of activating specific pagers; such transmissions may include messages and/or sounds. (i) "Person" means, without limitation, any natural individual, firm, trust, common law trust, estate, partnership of any kind, association, syndicate, club, joint stock company, joint venture, limited liability company, corporation (including foreign, domestic, and non-profit), municipal district or municipal corporation (other than the City) cooperative, receiver, trustee, guardian, or other representative appointed by order of any court. 0) "Place of Primary Use" means the street address representative of where the customer's use of the communications service primarily occurs, which must be the residential street address or the primary business street address of the customer. (k) "Post-paid telecommunication service" means the telecommunication service obtained by making a payment on a communication-by-communication basis either through the use of a credit card or payment mechanism such as a bank card, travel card, credit card, or debit card, or by charge made to a service number which is not associated with the origination or termination of the telecommunication service. (1) "Prepaid telecommunication service" means the right to access telecommunication services, which must be paid for in advance and which enables the origination of communications using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount. (m) "Private telecommunication service" means a telecommunication service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which such channel 10-2580/49120 2 Attachment"1",Resolution No.2010-46 or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of such channel or channels. A communications channel is a physical or virtual path of communications over which signals are transmitted between or among customer channel termination points (i.e., the location where the customer either inputs or receives the communications). (n) "Service Address" means either: (1) The location of the service user's communication equipment from which the communication originates or terminates, regardless of where the communication is billed or paid; or, (2) If the location in subsection (1) of this definition is unknown (e.g., mobile telecommunications service or VoIP service), the service address means the location of the service user's place of primary use. (3) For prepaid telecommunication service, "service address" means the location associated with the service number or, if not known, the point of sale of the services. (o) "Service Supplier" means any entity or person, including the City, that provides communication service to a user of such service within the City. (p) "Service User" means a person required to pay a tax imposed under the provisions of this Chapter. (q) "State" means the State of California. (r) "Streamlined Sales and Use Tax Agreement" means the multi-state agreement commonly known and referred to as the Streamlined Sales and Use Tax Agreement, as it is amended from time to time. (s) "Tax Administrator" means the Finance Director, or his or her designee. (t) "Telecommunications Service" means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, whatever the technology used. The term "telecommunications services" includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code or protocol of the content for purposes of transmission, conveyance or routing without regard to whether such services are referred to as voice over internet protocol (VoIP) services or are classified by the Federal Communications Commission as enhanced or value added, and includes video and/or data services that is functionally integrated with "telecommunication services". "Telecommunications services" include, but are not limited to the following services, regardless of the manner or basis on which such services are calculated or billed: ancillary telecommunication services; intrastate, interstate, and international telecommunication services; mobile telecommunications service; prepaid telecommunication service; post-paid 10-2580/49120 3 Attachment"I", Resolution No.2010-46 telecommunication service; private telecommunication service; paging service; 800 service(or any other toll-free numbers designated by the Federal Communications Commission); 900 service (or any other similar numbers designated by the Federal Communications Commission for services whereby subscribers who call in to pre-recorded or live service). (u) "Video Programming" means those programming services commonly provided to subscribers by a "video service supplier" including but not limited to basic services, premium services, audio services, video games, pay-per-view services, video on demand, origination programming, or any other similar services, regardless of the content of such video programming, or the technology used to deliver such services, and regardless of the manner or basis on which such services are calculated or billed. (v) "Video Services" means "video programming" and any and all services related to the providing, recording, delivering, use or enjoyment of "video programming" (including origination programming and programming using Internet Protocol, e.g., IP-TV and IP-Video) using one or more channels by a "video service supplier", regardless of the technology used to deliver, store or provide such services, and regardless of the manner or basis on which such services are calculated or billed, and includes ancillary video services, data services, "telecommunication services", or interactive communication services that are functionally integrated with"video services". (w) "Video Service Supplier" means any person, company, or service which provides or sells one or more channels of video programming, or provides or sells the capability to receive one or more channels of video programming, including any communications that are ancillary, necessary or common to the provision, use or enjoyment of the video programming, to or from a business or residential address in the City, where some fee is paid, whether directly or included in dues or rental charges for that service, whether or not public rights-of-way are utilized in the delivery of the video programming or communications. A"video service supplier" includes, but is not limited to, multichannel video programming distributors [as defined in 47 U.S.C.A. Section 522(13)]; open video systems (OVS) suppliers; and suppliers of cable television; master antenna television; satellite master antenna television; multichannel multipoint distribution services (NIMDS); video services using internet protocol(e.g., IP-TV and IP-Video, which provide, among other things, broadcasting and video on demand), direct broadcast satellite to the extent federal law permits taxation of its video services, now or in the future; and other suppliers of video services(including two-way communications), whatever their technology. (x) "Vol? (Voice Over Internet Protocol)" means the digital process of making and receiving real-time voice transmissions over any Internet Protocol network. (y) "800 Service" means a"telecommunications service" that allows a caller to dial a toll-free number without incurring a charge for the call. The service is typically marketed under the name "800", "855", "8665), "877", and "888" toll-free calling, and any subsequent numbers designated by the Federal Communications Commission. (z) "900 Service" means an inbound toll "telecommunications service" purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded 10-258OJ49120 4 Attachment"I",Resolution No.2010-46 announcement or live service. "900 service" does not include the charge for: collection services provided by the seller of the "telecommunications services" to the subscriber, or service or product sold by the subscriber to the subscriber's customer. The service is typically marketed under the name "900" service, and any subsequent numbers designated by the Federal Communications Commission. 3.38.030 Constitutional, statutory, and other exemptions. (a) Nothing in this Chapter shall be construed as imposing a tax upon any person or service when the imposition of such tax upon such person or service would be in violation of a federal or state statute, the Constitution of the United States or the Constitution of the State. (b) Any service user that is exempt from the tax imposed by this Chapter pursuant to subsection (a) of this section shall file an application with the Tax Administrator for an exemption; provided, however, this requirement shall not apply to a service user that is a state or federal agency or subdivision with a commonly recognized name for such service. Said application shall be made upon a form approved by the Tax Administrator and shall state those facts, declared under penalty of perjury, which qualify the applicant for an exemption, and shall include the names of all communication service suppliers serving that service user. If deemed exempt by the Tax Administrator, such service user shall give the Tax Administrator timely written notice of any change in communication service suppliers so that the Tax Administrator can properly notify the new communication service supplier of the service user's tax exempt status. A service user that fails to comply with this section shall not be entitled to a refund of a communication users' tax collected and remitted to the Tax Administrator from such service user as a result of such noncompliance. The decision of the Tax Administrator may be appealed pursuant to Section 3.38.150 of this Chapter. Filing an application with the Tax Administrator and appeal to the City Manager pursuant to Section 3.38.150 of this Chapter is a prerequisite to a suit thereon. (c) The City Council may, by resolution, establish one or more classes of persons or one or more classes of utility service otherwise subject to payment of a tax imposed by this chapter and provide that such classes of persons or service shall be exempt, in whole or in part from such tax for a specified period of time. (d) The senior citizen's exemption of Section 3.36.250 shall apply to the tax imposed under Section 3.38.040. 3.38.040 Communication Users' Tax. (a) There is hereby imposed a tax upon every person in the City using communication services. The tax imposed by this section shall be at the rate of four and nine-tenths percent (4.9%) of the charges made for such services and shall be collected from the service user by the communication services supplier or its billing agent. There is a rebuttable presumption that communication services, which are billed to a billing or service address in the City, are used, in whole or in part,within the City's boundaries, and such services are subject to taxation under this 10-2580/49120 5 Attachment"1", Resolution No.2010-46 Chapter. There is also a rebuttable presumption that prepaid telecommunication services sold within the city are used, in whole or in part, within the City and are therefore subject to taxation under this Chapter. If the billing address of the service user is different from the service address, the service address of the service user shall be used for purposes of imposing the tax. As used in this Section, the term"charges" shall include the value of any other services, credits, property of every kind or nature, or other consideration provided by the service user in exchange for the communication services. (b) "Mobile Telecommunications Service" shall be sourced in accordance with the sourcing rules set forth in the Mobile Telecommunications Sourcing Act (4 U.S.C. Section 124). The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this Chapter, sourcing rules for the taxation of other communication services, including but not limited to post-paid communication services, prepaid communication services, VoIP and private communication services, provided that such rules are based upon custom and common practice that further administrative efficiency and minimize multi jurisdictional taxation(e.g., Streamlined Sales and Use Tax Agreement). (c) The Tax Administrator may issue and disseminate to communication service suppliers, which are subject to the tax collection requirements of this Chapter, an administrative ruling identifying those communication services, or charges therefor, that are subject to or not subject to the tax of subsection (a) above. (d) As used in this section, the term "telecommunication services" shall include, but is not limited to, charges for: connection, reconnection, termination, movement, or change of telecommunication services; late payment fees; detailed billing; central office and custom calling features(including but not limited to call waiting, call forwarding, caller identification and three- way calling); voice mail and other messaging services; directory assistance; access and line charges; universal service charges; regulatory, administrative and other cost recovery charges; local number portability charges; and text and instant messaging. "Telecommunication services" shall not include digital downloads that are not "ancillary telecommunication services", such as music, ringtones, games, and similar digital products. (e) Charges for communication services (video) shall include, but are not limited to, charges for the following: (1) regulatory fees and surcharges, franchise fees and access fees(PEG); (2) initial installation of equipment necessary for provision and receipt of video services; (3) late fees, collection fees, bad debt recoveries, and return check fees; (4) activation fees, reactivation fees, and reconnection fees; (5) video programming and video services, 10-2580/49120 6 Attachment"1",Resolution No.2010-46 (6) ancillary video services (e.g., electronic program guide services, recording functions, search functions, or other interactive services or communications that are ancillary, necessary or common to the use or enjoyment of video services); (7) equipment leases (e.g., remote, recording or search devices, converters, remote devices); and, (8) service calls, service protection plans, name changes, changes of services, and special services. (f) To prevent actual multi jurisdictional taxation of communication services subject to tax under this section, any service user, upon proof to the Tax Administrator that the service user has previously paid the same tax in another state or city on such communication services, shall be allowed a credit against the tax imposed to the extent of the amount of such tax legally imposed in such other state or city; provided, however, the amount of credit shall not exceed the tax owed to the City under this section. (g) The tax on communication services imposed by this section shall be collected from the service user by the service supplier. In the case of video service, the service user shall be deemed to be the purchaser of the bulk video service (e.g., an apartment owner), unless such service is resold to individual users, in which case the service user shall be the ultimate purchaser of the video service. The amount of tax collected in one (1) month shall be remitted to the Tax Administrator, and must be received by the Tax Administrator on or before the twentieth(20t') day of the following month. 3.38.050 Bundling Taxable Items with Non-Taxable Items. If any nontaxable charges are combined with and not separately stated from taxable service charges on the customer bill or invoice of a service supplier, the combined charge is subject to tax unless the service supplier identifies, by reasonable and verifiable standards, the portions of the combined charge that are nontaxable and taxable through the service supplier's books and records kept in the regular course of business, and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the burden of proving the proper valuation and apportionment of taxable and non-taxable charges. If the service supplier offers a combination of taxable and non- taxable services, and the charges are separately stated, then for taxation purposes, the values assigned the taxable and non-taxable services shall be based on its books and records kept in the regular course of business and in accordance with generally accepted accounting principles, and not created and maintained for tax purposes. The service supplier has the burden of proving the proper valuation of the taxable and non-taxable services. 3.38.060 Substantial Nexus / Minimum Contacts. For purposes of imposing a tax or establishing a duty to collect and remit a tax under this Chapter, "substantial nexus" and "minimum contacts" shall be construed broadly in favor of the imposition, collection and/or remittance of the communication users' tax to the fullest extent permitted by state and federal law, and as it may change from time to time by judicial interpretation or by statutory enactment. Any communication service (including VoIP) used by a person with 10-2580/49120 7 Attachment"I",Resolution No.2010-46 a service address in the City, which service is capable of terminating a call to another person on the general telephone network, shall be subject to a rebuttable presumption that "substantial nexus/minimum contacts" exists for purposes of imposing a tax, or establishing a duty to collect and remit a tax, under this Chapter. A service supplier shall be deemed to have sufficient activity in the City for tax collection and remittance purposes if its activities include, but are not limited to, any of the following: maintains or has within the City, directly or through an agent or subsidiary, a place of business of any nature; solicits business in the City by employees, independent contractors, resellers, agents or other representatives; solicits business in the City on a continuous, regular, seasonal or systematic basis by means of advertising that is broadcast or relayed from a transmitter with the City or distributed from a location with the City; or advertises in newspapers or other periodicals printed and published within the City or through materials distributed in the City by means other than the United States mail; or if there are activities performed in the City on behalf of the service supplier that are significantly associated with the service supplier's ability to establish and maintain a market in the City for the provision of communication services that are subject to a tax under this Chapter. 3.38.070 Duty to Collect--Procedures. (a) Collection by Service Suppliers. The duty of service suppliers to collect and remit the taxes imposed by the provisions of this Chapter shall be performed as follows: (1) The tax shall be collected by service suppliers insofar as practicable at the same time as, and along with, the collection of the charges made in accordance with the regular billing practice of the service supplier. Where the amount paid by a service user to a service supplier is less than the full amount of the charge and tax which was accrued for the billing period, a proportionate share of both the charge and the tax shall be deemed to have been paid. In those cases where a service user has notified the service supplier of refusal to pay the tax imposed on said charges, Section 3.38.110 shall apply. (2) The duty of a service supplier to collect the tax from a service user shall commence with the beginning of the first regular billing period applicable to the service user where all charges normally included in such regular billing are subject to the provisions of this Chapter. Where a service user receives more than one billing, one or more being for different periods than another, the duty to collect shall arise separately for each billing period. (b) Filing Return and Payment. Each person required by this Chapter to remit a tax shall file a return to the Tax Administrator, on forms approved by the Tax Administrator, on or before the due date. The full amount of the tax collected shall be included with the return and filed with the Tax Administrator. The Tax Administrator is authorized to require such additional information as he or she deems necessary to determine if the tax is being levied, collected, and remitted in accordance with this 10-2580/49120 8 Attachment"1",Resolution No.2010-46 Chapter. Returns are due immediately upon cessation of business for any reason. Pursuant to Revenue and Tax Code Section 7284.6, the Tax Administrator, and its agents, shall maintain such filing returns as confidential information that is exempt from the disclosure provisions of the Public Records Act. 3.38.080 Collection Penalties— Service Suppliers. (a) Taxes collected from a service user are delinquent if not received by the Tax Administrator on or before the due date. Should the due date occur on a weekend or legal holiday, the return must be received by the Tax Administrator on the first regular working day following the weekend or legal holiday. A direct deposit, including electronic fund transfers and other similar methods of electronically exchanging monies between financial accounts, made by a service supplier in satisfaction of its obligations under this subsection shall be considered timely if the transfer is initiated on or before the due date, and the transfer settles into the City's account on the following business day. (b) If the person required to collect and/or remit the communication users' tax fails to collect the tax (by failing to properly assess the tax on one or more services or charges on the customer's billing) or fails to remit the tax collected on or before the due date, the Tax Administrator shall attach a penalty for such delinquencies or deficiencies at the rate of fifteen (15%) percent of the total tax that is delinquent or deficient in the remittance, and interest at the rate of and 75/100ths (0.75%) percent per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent, until paid. (c) The Tax Administrator shall have the power to impose additional penalties upon persons required to collect and remit taxes pursuant to the provisions of this Chapter for fraud or gross negligence in reporting or remitting at the rate of fifteen (15%) percent of the amount of the tax collected and/or required to be remitted, or as recomputed by the Tax Administrator. (d) For collection purposes only, every penalty imposed and such interest that is accrued under the provisions of this section shall'become a part of the tax herein required to be paid. (e) Notwithstanding the foregoing, the Tax Administrator may, in his or her discretion, modify the due dates of this Chapter to be consistent with any uniform standards or procedures that are mutually agreed upon by other public agencies imposing a utility users tax, or otherwise legally established, to create a central payment location or mechanism. 3.38.090 Actions to Collect. Any tax required to be paid by a service user under the provisions of this Chapter shall be deemed a debt owed by the service user to the City. Any such tax collected from a service user which has not been remitted to the Tax Administrator shall be deemed a debt owed to the City by the person required to collect and remit and shall no longer be a debt of the service user. Any person owing money to the City under the provisions of this Chapter shall be liable to an action brought in the name of the City for the recovery of such amount, including penalties and interest as provided for in this Chapter, along with any 10-2580/49120 9 Attachment"1", Resolution No.2010-46 collection costs incurred by the City as a result of the person's noncompliance with this Chapter, including, but not limited to, reasonable attorneys fees. Any tax required to be collected by a service supplier or owed by a service user is an unsecured priority excise tax obligation under 11 U.S.C.A. Section 507(a)(8)(C). Service suppliers who seek to collect charges for service in bankruptcy proceedings shall also include in any such claim the amount of taxes due the City for those services, unless the Tax Administrator determines that such duty is in conflict with any federal or state law, rule, or regulation or that such action would be administratively impractical. 3.38.100 Deficiency Determination and Assessment—Tax Application Errors. (a) The Tax Administrator shall make a deficiency determination if he or she determines that any person required to pay or collect taxes pursuant to the provisions of this Chapter has failed to pay, collect, and/or remit the proper amount of tax by improperly or failing to apply the tax to one or more taxable services or charges. Nothing herein shall require that the Tax Administrator institute proceedings under this Section 3.38.100 if, in the opinion of the Tax Administrator,the cost of collection or enforcement likely outweighs the tax benefit. (b) The Tax Administrator shall mail a notice of such deficiency determination to the person required to pay or remit the tax, which notice shall refer briefly to the amount of the taxes owed, plus interest at the rate of 75/100ths (0.75%) percent per month, or any fraction thereof, on the amount of the tax from the date on which the tax should have been received by the City. Within fourteen (14) calendar days after the date of service of such notice, the person may request in writing to the Tax Administrator for a hearing on the matter. (c) If the person fails to request a hearing within the prescribed time period, the amount of the deficiency determination shall become a final assessment, and shall immediately be due and owing to the City. If the person requests a hearing, the Tax Administrator shall cause the matter to be set for hearing, which shall be scheduled within thirty (30) days after receipt of the written request for hearing. Notice of the time and place of the hearing shall be mailed by the Tax Administrator to such person at least ten (10) calendar days prior to the hearing, and, if the Tax Administrator desires said person to produce specific records at such hearing, such notice may designate the records requested to be produced. (d) At the time fixed for the hearing, the Tax Administrator shall hear all relevant testimony and evidence, including that of any other interested parties. At the discretion of the Tax Administrator, the hearing may be continued from time to time for the purpose of allowing the presentation of additional evidence. Within a reasonable time following the conclusion of the hearing, the Tax Administrator shall issue a final assessment (or non-assessment), thereafter, by confirming, modifying or rejecting the original deficiency determination, and shall mail a copy of such final assessment to person owing the tax. The decision of the Tax Administrator may be appealed pursuant to Section 3.38.150 of this Chapter. Filing an application with the Tax Administrator and appeal to the City Manager pursuant to Section 3.38.150 of this Chapter is a prerequisite to a suit thereon. (e) Payment of the final assessment shall become delinquent if not received by the Tax Administrator on or before the thirtieth (30th) day following the date of receipt of the notice 10-2580/49120 10 Attachment"1",Resolution No.2010-46 of final assessment. The penalty for delinquency shall be fifteen percent (15%) on the total amount of the assessment, along with interest at the rate of 75/100ths(0.75%)percent per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the date of delinquency, until paid. The applicable statute of limitations regarding a claim by the City seeking payment of a tax assessed under this Chapter shall commence from the date of delinquency as provided in this subsection(e). (f) All notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the third calendar day following the date of mailing, as established by a proof of mailing. 3.38.110 Administrative Remedy-Non-Pang Service Users. (a) Whenever the Tax Administrator determines that a service user has deliberately withheld the amount of the tax owed by the service user from the amounts remitted to a person required to collect the tax, or whenever the Tax Administrator deems it in the best interest of the City, he or she may relieve such person of the obligation to collect the taxes due under this Chapter from certain named service users for specific billing periods. To the extent the service user has failed to pay the amount of tax owed for a period of two (2)or more billing periods, the service supplier shall be relieved of the obligation to collect taxes due. The service supplier shall provide the City with the names and addresses of such service users and the amounts of taxes owed under the provisions of this Chapter. Nothing herein shall require that the Tax Administrator institute proceedings under this Section 3.38.110 if, in the opinion of the Tax Administrator,the cost of collection or enforcement likely outweighs the tax benefit. (b) In addition to the tax owed, the service user shall pay a delinquency penalty at the rate of fifteen percent (15%) of the total tax that is owed, and shall pay interest at the rate of 75/100ths (0.75%) percent per month, or any fraction thereof, on the amount of the tax, exclusive of penalties, from the due date,until paid. (c) The Tax Administrator shall notify the non-paying service user that the Tax Administrator has assumed the responsibility to collect the taxes due for the stated periods and demand payment of such taxes, including penalties and interest. The notice shall be served on the service user by personal delivery or by deposit of the notice in the United States mail, postage prepaid, addressed to the service user at the address to which billing was made by the person required to collect the tax; or, should the service user have a change of address, to his or her last known address. (d) If the service user fails to remit the tax to the Tax Administrator within thirty(30) days from the date of the service of the notice upon him or her, the Tax Administrator may impose an additional penalty of fifteen percent(15%)of the amount of the total tax that is owed. 3.38.120 Additional Powers and Duties of the Tax Administrator. (a) The Tax Administrator shall have the power and duty, and is hereby directed, to enforce each and all of the provisions of this Chapter. 10-2580/49120 11 Attachment"I",Resolution No.2010-46 (b) The Tax Administrator may adopt administrative rules and regulations consistent with provisions of this Chapter for the purpose of interpreting, clarifying, carrying out and enforcing the payment, collection and remittance of the taxes herein imposed. The administrative ruling shall not impose a new tax, revise an existing tax methodology as stated in this Section, or increase an existing tax, except as allowed by California Government Code Section 53750(h)(2). A copy of such administrative rules and regulations shall be on file in the Tax Administrator's office. To the extent that the Tax Administrator determines that the tax imposed under this chapter shall not be collected in full for any period of time from any particular service supplier or service user, that determination shall be considered an exercise of the Tax Administrator's discretion to settle disputes and shall not constitute a change in taxing methodology for purposes of Government Code Section 53750 or otherwise. The Tax Administrator is not authorized to amend the City's methodology for purposes of Government Code Section 53750 and the City does not waive or abrogate its ability to impose the communication users' tax in full as a result of promulgating administrative rulings or entering into agreements. (c) Upon a proper showing of good cause, the Tax Administrator may make administrative agreements, with appropriate conditions, to vary from the strict requirements of this Chapter and thereby: (1) conform to the billing procedures of a particular service supplier so long as said agreements result in the collection of the tax in conformance with the general purpose and scope of this Chapter; or, (2) to avoid a hardship where the administrative costs of collection and remittance greatly outweigh the tax benefit. A copy of each such agreement shall be on file in the Tax Administrator's office, and are voidable by the Tax Administrator or the City at any time. (d) The Tax Administrator may conduct an audit, to ensure proper compliance with the requirements of this Chapter, of any person required to collect and/or remit a tax pursuant to this Chapter. The Tax Administrator shall notify said person of the initiation of an audit in writing. In the absence of fraud or other intentional misconduct, the audit period of review shall not exceed a period of three (3) years next preceding the date of receipt of the written notice by said person from the Tax Administrator. Upon completion of the audit, the Tax Administrator may make a deficiency determination pursuant to Section 3.38.100 of this Chapter for all taxes (and applicable penalties and interest) owed and not paid, as evidenced by information provided by such person to the Tax Administrator. If said person is unable or unwilling to provide sufficient records to enable the Tax Administrator to verify compliance with this Chapter, the Tax Administrator is authorized to make a reasonable estimate of the deficiency. Said reasonable estimate shall be entitled to a rebuttable presumption of correctness. (e) Upon receipt of a written request of a taxpayer, and for good cause, the Tax Administrator may extend the time for filing any statement required pursuant to this Chapter for a period of not to exceed forty-five (45) days, provided that the time for filing the required statement has not already passed when the request is received. No penalty for delinquent payment shall accrue by reason of such extension. Interest shall accrue during said extension at the rate of 75/100ths(0.751/o) percent per month, prorated for any portion thereof. 10-2580/49120 12 Attachment"1", Resolution No.2010-46 (f) The Tax Administrator shall determine the eligibility of any person who asserts a right to exemption from, or a refund of, the tax imposed by this Chapter. (g) Notwithstanding any provision in this chapter to the contrary, the Tax Administrator may waive any penalty or interest imposed upon a person required to collect and/or remit for failure to collect the tax imposed by this chapter if the non-collection occurred in good faith. In determining whether the non-collection was in good faith, the Tax Administrator shall take into consideration the uniqueness of the product or service, industry practice or other precedence. The Tax Administrator may also participate with other UUT public agencies in conducting coordinated compliance reviews with the goal of achieving administrative efficiency and uniform tax application determinations, where possible. To encourage full disclosure and on-going cooperation on annual compliance reviews, the Tax Administrator, and its agents, may enter into agreements with the tax-collecting service providers and grant prospective only effect on any changes regarding the taxation of services or charges that were previously deemed by the service provider, in good faith and without gross negligence, to be non-taxable. In determining whether the non-collection was in good faith and without gross negligence, the Tax Administrator shall take into consideration the uniqueness of the product or service, industry practice or other precedence. 3.38.130 Records. (a) It shall be the duty of every person required to collect and/or remit to the City any tax imposed by this Chapter to keep and preserve, for a period of at least three (3) years, all records as may be necessary to determine the amount of such tax as he/she may have been liable for the collection of and remittance to the Tax Administrator, which records the Tax Administrator shall have the right to inspect at a reasonable time. (b) The City may issue an administrative subpoena to compel a person to deliver, to the Tax Administrator, copies of all records deemed necessary by the Tax Administrator to establish compliance with this Chapter, including the delivery of records in a common electronic format on readily available media if such records are kept electronically by the person in the usual and ordinary course of business. As an alternative to delivering the subpoenaed records to the Tax Administrator on or before the due date provided in the administrative subpoena, such person may provide access to such records outside the City on or before the due date, provided that such person shall reimburse the City for all reasonable travel expenses incurred by the City to inspect those records, including travel, lodging, meals, and other similar expenses, but excluding the normal salary or hourly wages of those persons designated by the City to conduct the inspection. (c) The Tax Administrator is authorized to execute a non-disclosure agreement approved by the City Attorney to protect the confidentiality of customer information pursuant to California Revenue and Tax Code Sections 7284.6 and 7284.7. 10-2580/49120 13 Attachment"1", Resolution No.2010-46 (d) If a service supplier uses a billing agent or billing aggregator to bill, collect, and/or remit the tax, the service supplier shall: i) provide to the Tax Administrator the name, address and telephone number of each billing agent and billing aggregator currently authorized by the service supplier to bill, collect, and/or remit the tax to the City; and, ii)upon request of the Tax Administrator, deliver, or effect the delivery of, any information or records in the possession of such billing agent or billing aggregator that, in the opinion of the Tax Administrator, is necessary to verify the proper application, calculation, collection and/or remittance of such tax to the City. (e) If any person subject to record-keeping under this section unreasonably denies the Tax Administrator access to such records, or fails to produce the information requested in an administrative subpoena within the time specified, then the Tax Administrator may impose a penalty of$500 on such person for each day following: i) the initial date that the person refuses to provide such access; or, ii) the due date for- production of records as set forth in the administrative subpoena. This penalty shall be in addition to any other penalty imposed under this Chapter. 3.38.140 Refunds. Whenever the amount of any tax has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this Chapter from a person or service supplier, it may be refunded as provided in this section as follows: (a) Written Claim for Refund. The Tax Administrator may refund any tax that has been overpaid or paid more than once or has been erroneously or illegally collected or received by the Tax Administrator under this Chapter from a person or service supplier, provided that no refund shall be paid under the provisions of this section unless the claimant or his or her guardian, conservator, executor, or administrator has submitted a written claim to the Tax Administrator within one year of the overpayment or erroneous or illegal collection of said tax. Such claim must clearly establish claimant's right to the refund by written records showing entitlement thereto. Nothing herein shall permit the filing of a claim on behalf of a class or group of taxpayers unless each member of the class has submitted a written claim under penalty of perjury as provided by this subsection. (b) Compliance with Claims Act. The filing of a written claim pursuant to Government Code Section 935 is a prerequisite to any suit thereon. Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. The Tax Administrator, or the City Council where the claim is in excess of five thousand dollars ($5,000), shall act upon the refund claim within the time period set forth in Government Code Section 912.4. If the Tax Administrator/City Council fails or refuses to act on a refund claim within the time prescribed by Government Section 912.4, the claim shall be deemed to have been rejected by the City Council on the last day of the period within which the City Council was required to act upon the claim as provided in Government Code Section 912.4. The Tax Administrator shall give notice of the action in a form which substantially complies with that set forth in Government Code Section 913. 10-2580/49120 14 Attachment"I",Resolution No.2010-46 (c) Refunds to Service Suppliers. Notwithstanding the notice provisions of subsection (a)of this Section, the Tax Administrator may, at his or her discretion, give written permission to a service supplier, who has collected and remitted any amount of tax in excess of the amount of tax imposed by this Chapter, to claim credit for such overpayment against the amount of tax which is due the City upon a subsequent monthly return(s) to the Tax Administrator, provided that: i) such credit is claimed in a return dated no later than one year from the date of overpayment or erroneous collection of said tax; ii) the Tax Administrator is satisfied that the underlying basis and amount of such credit has been reasonably established; and, iii) in the case of an overpayment by a service user to the service supplier that has been remitted to the City, the Tax Administrator has received proof, to his or her satisfaction, that the overpayment has been refunded by the service supplier to the service user in an amount equal to the requested credit. 3.38.150 Appeals. (a) The provisions of this section apply to any decision (other than a decision relating to a refund pursuant to Section 3.38.140 of this Chapter), deficiency determination, assessment, or administrative ruling of the Tax Administrator. Any person aggrieved by any decision (other than a decision relating to a refund pursuant to Section 3.38.140 of this Chapter), deficiency determination, assessment, or administrative ruling of the Tax Administrator, shall be required to comply with the appeals procedure of this section. Compliance with this section shall be a prerequisite to a suit thereon. [See Government Code Section 935(b)]. Nothing herein shall permit the filing of a claim or action on behalf of a class or group of taxpayers. (b) If any person is aggrieved by any decision (other than a decision relating to a refund pursuant to Section 3.38.140 of this Chapter), deficiency determination, assessment, or administrative ruling of the Tax Administrator, he or she may appeal to the City Manager by filing a notice of appeal with the City Clerk within fourteen(14) days of the date of the decision, deficiency determination, assessment, or administrative ruling of the Tax Administrator which aggrieved the service user or service supplier. (c) The matter shall be scheduled for hearing before an independent hearing officer selected by the City Manager, no more than thirty(30) days from the receipt of the appeal. The appellant shall be served with notice of the time and place of the hearing, as well as any relevant materials, at least five(5) calendar days prior to the hearing. The hearing may be continued from time to time upon mutual consent. At the time of the hearing, the appealing party, the Tax Administrator, and any other interested person may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken. (d) Based upon the submission of such evidence and the review of the City's files, the hearing officer shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice.shall be given within fourteen (14) days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within ninety(90) days from the date of the decision in accordance with Code of Civil Procedure Section 1094.6. 10-2580/49120 15 Attachment"1", Resolution No.2010-46 (e) All notices under this section may be sent by regular mail, postage prepaid, and shall be deemed received on the third calendar day following the date of mailing, as established by a proof of mailing. 3.38.160 No Injunction/Writ of Mandate. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this City or against any officer of the City to prevent or enjoin the collection under this Chapter of any tax or any amount of tax required to be collected and/or remitted. 3.38.170 Notice of changes to ordinance. If a tax under this Chapter is added repealed, increased, reduced, or the tax base is changed, the Tax Administrator shall follow the notice requirements of California Public Utilities Code Section 799. 3.38.180 Effect of State and Federal Reference/Authorization. Unless specifically provided otherwise, any reference to a state or federal statute in this Chapter shall mean such statute as it may be amended from time to time, provided that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a state or federal agency or court of law with the duty to interpret such law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease (as a result of excluding all or a part of a communication service, or charge therefor, from taxation). Only to the extent voter approval would otherwise be required or a tax decrease would result, the prior version of the statute (or interpretation) shall remain applicable; for any application or situation that would not require voter approval or result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the City's authorization to collect or impose any tax imposed under this Chapter is expanded or limited as a result of changes in state or federal law, no amendment or modification of this Chapter shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this Chapter. 3.38.190 Independent Audit of Tax Collection, Exemption, Remittance, and Expenditure. The City shall annually verify that the taxes owed under this Chapter have been properly applied, exempted, collected, and remitted in accordance with this Chapter, and properly expended according to applicable municipal law. The annual verification shall be performed by a qualified independent third party and the review shall employ reasonable, cost-effective steps to assure compliance, including the use of sampling audits. The verification shall not be required of tax remitters where the cost of the verification may exceed the tax revenues to be reviewed. 3.38.200 Interaction with Prior Tax. (a) Satisfaction of Tax Obligation by Service Users. Any person who pays the tax levied pursuant to Section 3.38.040 of this Chapter with respect to any charge for a communication service shall be deemed to have satisfied his or her obligation to pay the tax 10-2580/49120 16 Attachment"I", Resolution No.2010-46 levied pursuant to Sections 3.36.020 and 3.36.070 of this Code with respect to that charge. Likewise, prior to April 1, 2011, any person who pays the tax levied pursuant to Sections 3.36.020 and 3.36.070 of this Code with respect to any charge for a service subject to taxation pursuant to this chapter shall be deemed to have satisfied his or her obligation to pay the tax levied pursuant to Section 3.38.040 of this Chapter with respect to that charge. The intent of this paragraph is to prevent the imposition of multiple taxes upon a single utility charge during the transition period from the prior telephone users tax and cable television users tax to the new communication users' tax (which transition period ends April 1, 2011) and to permit communications service providers, during that transition period, to satisfy their collection obligations by collecting either tax. (b) Collection of Tax by Service Providers. Service providers shall begin to collect the tax imposed by this Chapter as soon as feasible after the effective date of the Chapter, but in no event later than permitted by Section 799 of the California Public Utilities Code. (c) Judicial Determinations. In the event that a final court order should determine that the election enacting this Chapter 3.38 is invalid for whatever reason, or that any tax imposed under this Chapter 3.38 is invalid in whole or in part, then the taxes imposed under Sections 3.36.020 and 3.36.070 (unless repealed) shall automatically continue to apply with respect to any service for which the tax levied pursuant to this Chapter has been determined to be invalid. Such automatic continuation shall be effective beginning as of the first date of service (or billing date) for which the tax imposed by this Chapter is invalid. However, in the event of an invalidation, any tax (other than a tax that is ordered refunded by the court or is otherwise refunded by the City) paid by a person with respect to a service and calculated pursuant to this Chapter shall be deemed to satisfy the tax imposed under Sections 3.36.020 and 3.36.070 on that service, so long as the tax is paid with respect to a service provided no later than six months subsequent to the date on which the final court order is published. SECTION 2. Effective Date. This chapter, if approved by the electorate of the City of Huntington Beach at the Municipal Election of November 2, 2010, shall become effective immediately upon the declaration of the results of that election by the City Council of the City of Huntington Beach. SECTION 3. Amendment or Repeal. Chapter 3.38 of the Huntington Beach Municipal Code may be repealed or amended by the City Council without a vote of the people. However, as required by Article XIIIC of the California Constitution, voter approval is required for any amendment provision that would increase the rate of any tax levied pursuant to this Ordinance. The People of the City of Huntington Beach affirm that the following actions shall not constitute an increase of the rate of a tax: (1) The restoration of the rate of the tax to a rate that is no higher than that set by this Ordinance, if the City Council has acted to reduce the rate of the tax; (2) An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as such interpretation or clarification (even if 10-2580/49120 17 Attachment"1",Resolution No.2010-46 contrary to some prior interpretation or clarification) is not inconsistent with the language of this Ordinance; (3) The establishment a class of persons that is exempt or excepted from the tax or the discontinuation of any such exemption or exception (other than the discontinuation of an exemption or exception specifically set forth in this Ordinance); and (4) The collection of the tax imposed by this Ordinance, even if the City had, for some period of time, failed to collect the tax. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The People hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. SECTION 5. Ratification of Prior Tax. The People of the City of Huntington Beach hereby ratify and approve Chapter 3.36 of the Huntington Beach Municipal Code as it existed prior to the effective date of this Ordinance, and the past collection of the Telephone Users Tax and the Video Users Tax thereunder. SECTION 6. Execution. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the voters of the City by signing where indicated below. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 120 ATTEST: Mayor INITIATED AND APPROVED: City Clerk Director of Finance REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator City Attorney M V 7`f —I 0 ��\�- Il•i- j 0 10-2580/49120 18 Res. No. 2010-46 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) 1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on July 6, 2010 by the following vote: AYES: Carchio, Coerper, Hardy, Green, Bohr, Hansen NOES: None ABSENT: Dwyer ABSTAIN: None y Clerk and ex-offici Clerk of the City Council of the City of Huntington Beach, California 7/6/2010 Utility Users' Tax Modernization Huntington Beach City Council Meeting July 6, 2010 Utility Users' Tax (UUT) Basics • In place for 30 years, since 198o • Five Categories: Water $1.5 million Gas $2.0 million Electric $7.8 million Telephone $6.7 million Cable $2.1 million FYog/10 totals $20.1 million 2 7/6/2010 What are we proposing? • Modernizing the language for the Telephone and Cable UUT ordinances only • No changes to the Water, Gas, and Electric ordinances 3 Why the need to modernize? • Telephone and cable rapid innovation and technology change • Current ordinance refers to the Federal Excise Tax which has been repeatedly challenged in the courts • Current language contains references to specific technology that may become obsolete 4 2 7/6/2010 Example of modernization Current language: Communication services are transmitting by analog, digital, electronic, radio or other means with a "public switched network" Proposed language: Telecommunications service means the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, whatever the technology used 5 What are the risks of keeping the current ordinances in place? • Lawsuits related to the Federal Excise Tax issue risk the loss of$5 million annually • As the years pass and technology evolves, the tax base will likely erode 6 3 7/6/2010 ith this change, will we collect more taxes? • Our intent is to protect our current revenue base, not to increase revenue • While many cities have kept their tax rate constant, the majority have lowered their rate • Staff recommends the tax rate on Telecommunications and Cable be lowered from 5.0% to 4.9% Vote of the people • Proposition 218 requires that an update of the tax ordinance be approved by the voters • Resolution before you establishes the ballot language, reduces the tax rate from 5.0% to 4.9%, and submits the issue before the voters at the November 2; 2010 regular municipal election 8 4 7/6/2010 Ballot Language : "Huntington Beach UUT Modernization/Reduction Measure To preserve vital city services shall Huntington Beach's existing utility users' ordinance be modernized and reduced by .1% to maintain 9-1-1 emergency response times, police officers, firefighters, public safety communications/equipment, senior services, storm drains and other city services, requiring equal treatment of taxpayers regardless of technology used with low-income senior exemptions, annual audits, local control of funds, and no rate increase without voter approval?" 9 i Staff Recommended Action : Approve the resolution to submit a measure to the voters to reduce the telecommunications and video service tax rate and to modernize the definitions of the City's UUT on telecommunications and video services. IO 5 IMPARTIAL ANALYSIS BY CITY ATTORNEY CITY OF HUNTINGTON BEACH MEASURE- Ballot Measure_proposes adoption of an ordinance to replace and update the existing telephone and video user tax sections of the City's utility user tax ordinance.The proposed ordinance would reduce the telephone and video user tax rate from 5%to 4.9%and apply the tax more broadly to telephone and video services,regardless of the technology used or method of billing and/or collection of the tax.The tax dollars are used exclusively within the City for general governmental purposes.The methodology whereby users are taxed cannot be expanded without a vote of the people.The proposed ordinance has no effect on the existing utility user tax applied to electrical,gas and water services. The existing ordinance was written in 1970 and updated in 1988 and 2003.The current tax rate is 5%. The ordinance has become outdated due to rapid advances in technology,as well as new legislation and federal and state court decisions that limit the application of the tax. Currently,the City does not tax many communication services and devices that have recently come into existence,such as voice-over-internet protocol. In addition,recent federal court decisions have cast doubt on whether the current ordinance can be imposed on long distance,cellular and bundled telephone services. Should the City be sued,or if adverse decisions are reached that are binding on the City,the revenue collected from the current ordinance would be reduced substantially. The 2009-2010 revenue from the cable and video tax is projected to be approximately$8,725,000($6,650,000 telephone and$2,075,000 video). This total is less than the previous year tax total of$9,292,158 because there are less telephone and video services that the City is able to tax.Adoption of the proposed ordinance would protect the City from adverse litigation as well as capture telephone and video services that are being eroded from the City tax base because of changing technology. Ayes"vote is in favor of adopting the updated communications tax ordinance summarized above. A"no"vote is against adopting the ordinance. A majority of`yes"votes is required for the ordinance to be enacted. The above statement is an impartial analysis of Ordinance 3883,Measure_. If you desire a copy of the ordinance and/or measure,please call the elections official's(City Clerk)office at 714-536-5404 and a copy will be mailed to you. In addition,you may obtain a copy of the measure and/or ordinance at the City website www.huntingtonbeachca.gov. JENNIFER MCGRATH City Attorney R ARGUMENT IN FAVOR OF MEASURE Yes on_protects Huntington Beach's public safety and other essential municipal services from state money grabs—while decreasing the tax rates. Since 1980,our residents have paid a Utility User's Tax(UUT)on electricity, gas, water, cable television, and telephone. Like many other California cities,Huntington Beach uses this funding to provide essential city services such as public safety,9-1-1 services and senior programs. Yes on_simply updates Huntington Beach's existing UUT to fully comply with new federal regulations and include modem communication technologies, ensuring all residents are treated equally regardless of technology used. This is NOT a new tax. In fact,this tax will be slightly reduced. Yes on_ guarantees that tax rates can't be increased without voter approval. Exemptions for low-income residents are protected. Huntington Beach's existing UUT provides$6 million in funding per year to maintain police patrol of our streets and neighborhoods, support after-school programs,fund youth anti-gang and anti-drug programs, and pay for services that last year prevented 3,900 tons of debris from polluting our beaches and coastal waters. Yes on _ protects local revenue insuring that it can't be taken by Sacramento,it also avoids lawsuits that other cities have faced. YES ON_IS FISCALLY ACCOUNTABLE and requires annual financial audits to ensure all funds are properly spent. The public will continue to review all city budget expenditures. Sacramento politicians have taken nearly$11 Million of Huntington Beach's money, in the past year,to balance their budget. By legally requiring all funds to continue to be spent locally, Measure _ gives our residents continued control over how our money is spent for vital city services:police, fire, 9-1-1, parks and recreation, storm drain maintenance, and repairing local streets and roads. Please Vote YES on ! Signed, y s/Cathy Green Mayor s/Jill Hardy Mayor Pro Tern s/Keith Bohr Councilmember/Former Mayor s/Ken Small Police Chief s/Don MacAllister Chairman,Huntington Beach Council on Aging 1 2010 JUL ?3 Nit 3= 0 3 Argument in Favor Yes on—protects Huntington Beach's public safety and other essential municipal services from state money grabs--while decreasing the tax rates. Since 1980,our residents have paid a Utility User's Tax(UUT)on electricity,gas,water, cable television,and telephone. like many other California cities, Huntington Beach uses this funding to provide essential city services such as public safety, 9-1-1 services and senior programs. Yes on T simply updates Huntington Beach's existing UUT to fully comply with new federal regulations and include modern communication technologies,ensuring all residents are treated equally regardless of technology used. This is NOT a new tax. In fact,this tax will be slightly reduced. Yes on_guarantees that tax rates can't be increased without voter approval.Exemptions for low-income residents are protected. Huntington Beach's existing UUT provides$6 million in funding per year to maintain police patrol of our streets and neighborhoods,support after-school programs,fund youth anti-gang and anti-drug programs,and pay for services that last year prevented 3,900 tons of debris from polluting our beaches and coastal waters. Yes on protects local revenue insuring that it can't be taken by Sacramento,it also avoids lawsuits that other cities have faced. YES ON_IS FISCALLY ACCOUNTABLE and requires annual financial audits to ensure all funds are properly spent.The public will continue to review all city budget expenditures. Sacramento politicians have taken nearly$11 Million of Huntington Beach's money,in the past year,to balance their budget. By legally requiring all funds to continue to be spent locally, Measure_gives our residents continued control over how our money is spent for vital city services:police,fire,9-1-1,parks and recreation,storm drain maintenance,and repairing local streets and roads. Please Vote YES on_! Signed, Mayor Cathy Green Mayor Pro Tern till Hardy &V�z7 vi o Police Chief Ken Small Dennis Gallagher,Chairman, Huntington Beach Chamber of Commerce Don MacAllister,Chairman,Huntington Beach Council on Aging Impartial Analysis of Measure Prepared By the City Attorney Ballot Measure proposes adoption of an ordinance to replace and update the existing telephone and video user tax sections of the City's utility user tax ordinance. The proposed ordinance would reduce the telephone and video user tax rate from 5%to 4.9% and apply the tax more broadly to telephone and video services, regardless of the technology used or method of billing and/or collection of the tax. The tax dollars are used exclusively within the City for general governmental purposes. The methodology whereby users are taxed cannot be expanded without a vote of the people. The proposed ordinance has no effect on the existing utility user tax applied to electrical, gas and water services. The existing ordinance was written in 1970 and updated in 1988 and 2003. The current tax rate is 5%. The ordinance has become outdated due to rapid advances in technology, as well as new legislation and federal and state court decisions that limit the application of the tax. Currently, the City does not tax many communication services and devices that have recently come into existence, such as voice-over-internet protocol. In addition, recent federal court decisions have cast doubt on whether the current ordinance can be imposed on long distance, cellular and bundled telephone services. Should the City be sued, or if adverse decisions are reached that are binding on the City, the revenue collected from the current ordinance would be reduced substantially. The 2009-2010 revenue from the cable and video tax is projected to be approximately $8,725,000 ($6,650,000 telephone and $2,075,000 video). This total is less than the previous year tax total of$9,292,158 because there are less telephone and video services that the City is able to tax. Adoption of the proposed ordinance would protect the City from adverse litigation as well as capture telephone and video services that are being eroded from the City tax base because of changing technology. A "yes" vote is in favor of adopting the updated communications tax ordinance summarized above. A "no" vote is against adopting the ordinance. A majority of"yes" votes is required for the ordinance to be enacted. The above statement is an impartial analysis of Ordinance 3883, Measure If you desire a copy of the ordinance and/or measure, please call the elections official's (City Clerk) office at 714-536-5404 and a copy will be mailed to you. In addition, you may obtain a copy of the measure and/or ordinance at the City website www.huntin�4tonbeachca.gov. JENNIFER MCGRATH City Attorney 10-2580/Impartial Analysis UUT 2013 JUL 20 P M 3: 03 irY t a c.::. 31 Argument in Favor Yes on_protects Huntington Beach's public safety and other essential municipal services from state money grabs—while decreasing the tax rates. Since 1980,our residents have paid a Utility User's Tax(UUT)on electricity,gas,water, cable television,and telephone. Like many other California cities, Huntington Beach uses this funding to provide essential city services such as public safety,9-1-1 services and senior programs. .Yes on,simply updates Huntington Beach's existing UUTto fully comply with new federal regulations and include modern communication technologies,ensuring all residents are treated equally regardless of technology used. This is NOT a new tax. In fact;this tax will be slightly reduced. Yes-on guarantees that tax rates can't be increased without voter approval. Exemptions for low-income residents are protected. Huntington Beach's existing UUT provides$6 million in funding per year to maintain police patrol of our streets and neighborhoods,support after-school programs,fund youth anti-gang and anti-drug programs,and pay for services that last year prevented 3,900 tons of debris from polluting our beaches and coastal waters. Yes on protects local revenue insuring that it can't be taken by Sacramento, it also avoids lawsuits that other cities have faced. YES ON_IS FISCALLY ACCOUNTABLE and requires annual financial audits to ensure all funds are properly spent.The public will continue to review all city budget expenditures. Sacramento politicians have taken nearly$11 Minion of Huntington Beach's money,in the past year,to balance their budget. By legally requiring all funds to continue to be spent locally, Measure_gives our residents continued control over how our money is spent for vital city services:police,fire,9-1-1,parks and recreation,storm drain maintenance,and repairing local streets and roads. Please Vote YES on 1 Signe Mayor Cathy Green �Ift yor Pro Tem JiiII Ldd d Counciillme�mber/Former Mayor Keith Bohr Poi ie Small i Don MacAllister,Chairman, Huntington Beach Council on Aging FRONT SIDE SIGNATURE STATEMENT EBallot,113amphlet ct.Arguments/Rebuttal,Arguments concerning`county measures.shall.be accompanied by this form gned by each author or authorized individual-Names and titles listed'will beprinted in the in the order rovided.below a'nd_will�a ear=as indicated,tielow. The undersigned author(s)or authorized signer(s)of the(select one of the following): ARGUMENT IN FAVOR OF ❑ REBUTTAL TO ARGUMENT IN FAVOR ❑ ARGUMENT AGAINST ❑ REBUTTAL TO ARGUMENT AGAINST ballot measure— at the U 0 election for the 141,7 7`; eing on (Letter) (Election Name) (Juris ' on) (Date of Election) hereby state that such argument is true and correct to the best of his/her/their knowledge and belief. If argument is filed by the governing body of a district,fill in the name of the district governing body on the line below. The governing body members sign as authors of the argument and must complete both sides of this form. Name of District Governing Body If argument is filed by a bona fide association of citizens,fill in the name of the association below. The Association members sign as authors of the argument and must complete both sides of this form. Name of Association 1.Cathy Green 6151 Kimberly HB CA 92647 July 20,2010 Print Name Asil d ejc dyes Date Mayor, City of Huntington Beach 714-536-5553 Title Si to Phone Number 2.Jill Hardy 19082 Hamden an HB CA 92646 July 20, 2010 Print Name Residence Address Date Mayor Pro Tem, City of Huntington Beach 14-536-5553 Title Vnr Phone Number 3. Keith Bohr 18602 Quartrse Lan CA July 20, 2010 Print Name Residence Address Date Councilmember, City of Huntington Beach q4k-1'14ek-- 714-536-5553 Title Signature Phone Number q Ken Small 8582 Palermo HB CA 92646 July 20, 2010 Print Name Residence Address Date Police Chief ��p g 714536-5902 Title —' Signature Phone Number 5 Don MacAllister 1121 Park Street HB CA 92648 July 20, 2010 Print Name Residen ddress Date Chair, Huntington Beach Council on Ag' 14-960-2892 Title Signature Phone Number Contact Person: Oat t r P_ Pa V Phone -5 36- 5-2 Fax Mailing Address 2000 Main Street HB CA 92648 Email Payne surfcity-h .org BACK SIDE SIGNATURE-STATEMENT:- Beck Sld+� To be completed for arguments filed'by a governing body ofa districf ora bona"fide; association of citizens.- ARGUMENTIREBUTTAL FILED BY(Check Any of the Following that Apply): A. CEl l O�r�IC� Contact Person's Printed Name: Contact Peerson's Signature: Title: Phone: 719 .5.3 SS 7,Z Fax: E-Mail: B. The following information is submitted by the author(s) to establish that the organization or group is a Bona Fide Association of Citizens: ❑ 1. Rona Fide Association of Citizens (Group or organization has not been formed to support or oppose the measure) Name of Association: Principal Officer's Printed Name: Principal Officer's Signature: Title: Phone: Fax: E-Mail: ❑ 2. Bona Fide Association of Citizens (Group or organization has been formed to support or oppose this measure) Name of Association: Principal Officer's Printed Name: Principal Officer's Signature: Title: Phone: Fax: E-Mail: A form 410 Statement of Organization-establishing the group or organization as a Primarily Formed Ballot Measure Committee to support or oppose Measure was filed on Committee I.D. # . (The form 410 must be filed within 10 days of the date of the date the committee receives $1,000.00 in contributions) C. Other information that would support the claim that the group or organization is a Bona Fide Association, rather than a group of individuals who support or oppose Measure