ORD 568 ORDINANCE NO. 568
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES REPEALING THE
UTILITY USER TAX ON TELECOMMUNICATIONS SERVICES AND AMENDING
THE RANCHO PALOS VERDES MUNICIPAL CODE.
WHEREAS, in response to legal issues regarding the City's 3% Utility User Tax ("UUT")
imposed on telecommunications services, in August 2014, the City Council took action to
suspend collection of the UUT from telecommunication service providers.; and,
WHEREAS, at the City Council meeting that was held on April 21, 2015, the City Council
directed Staff to prepare and present to the City Council an ordinance that rescinds the UUT on
telecommunications services;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1: Section 3.30.020 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes
Municipal Code, entitled Definitions, is hereby amended to read as follows:
3.30.020 - Definitions.
The following words and phrases, whenever used in this chapter shall be construed as defined
in this section, except where the context clearly requires otherwise;
"City" means the city of Rancho Palos Verdes.
"Cogeneration electrical energy" means the use for the generation of electricity of exhaust
steam, waste steam, heat, or resultant energy from an industrial, commercial or manufacturing
plant or process, or the use of exhaust steam, waste steam, or heat from a thermal power plant
for an industrial, commercial, or manufacturing plant or process.
"Electrical corporation," "gas corporation," and "water corporation" shall have the same
meanings as defined in Sections 218, 222 and 241, respectively, of the California Public Utilities
Code or any successor statute.
"Gas" means natural or manufactured gas or any alternate gaseous hydrocarbon fuel which
may be substituted therefor.
"Month" means a calendar month.
"Person" means all domestic and foreign corporations, firms, associations, syndicates, joint
stock companies, partnerships of every kind, joint ventures, clubs, Massachusetts business or
common-law trusts, societies and individuals. For the purposes of this chapter, "person" shall
not include any public entity which purchases and uses utility services in the performance of
governmental functions.
"Service supplier" means any person required to collect and remit a tax imposed by this chapter.
"Service user" means a person required to pay a tax imposed under the provisions of this
chapter.
"Tax administrator" means the director of finance of the city or other person designated by the
Ordinance No. 568
Page 1 of 2
city manager to administer the provisions of this chapter.
Section 2: Section 3.30.040 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes
Municipal Code, entitled Telephone User Tax, is hereby repealed.
Section 3: Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance or the application thereof to any person or place, is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The
City Council hereby declares that it would have adopted this ordinance, and each and every
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared invalid or unconstitutional.
Section 4: The City Clerk shall cause this Ordinance to be posted in three (3) public
places in the City within fifteen (15) days after this passage, in accordance with the provisions of
Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and
posting of this Ordinance, and shall cause this Ordinance and its certification, together with
proof of posting, to be entered in the Book of Ordinances of the Council of this City.
Section 5: This Ordinance shall go into effect and be in full force and effect at
12:01 AM on the thirty-fist (31St) day after its passage.
PASSED, APPROVED AND ADOPTED this 19th day of May 2015.
'rapt-
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the whole
number of members of the City Council of said City is five; that the foregoing Ordinance No. 568
passed first reading on May 5, 2015, was duly and regularly adopted by the City Council of said
City as a regular meeting thereof held on May 19, 2015, and that the same was passed and
adopted by the following roll call vote:
AYES: Brooks, Campbell, Duhovic, Misetich and Mayor Knight
NOES: None
ABSENT: None
ABSTAIN: None �.
Z:1 -////tXt/elk---
City Clerk
Ordinance No.568
Page 2 of 2
jill
RANCHO VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES)
The undersigned, being first duly sworn, deposes and says:
That at all times herein mentioned, she was and now is the appointed City Clerk of
the City of Rancho Palos Verdes;
That on May 20, 2015, she caused to be posted the following document entitled:
ORDINANCE NO. 568, AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES REPEALING THE UTILITY USER TAX ON TELECOMMUNICATIONS
SERVICES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL
CODE, a copy of which is attached hereto, in the following locations:
City Hall Ladera Linda Community Center
30940 Hawthorne Blvd. 32201 Forrestal Drive
Rancho Palos Verdes Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd.
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a true and correct affidavit of
posting.
j4 /41-“69742-eL7—
City Clerk
W:\FORMS\Form 150 Archived Affidavits(old)\Form 150-Affidavit of Posting Ordinance No.568.doc