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Resolution No. 97611 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9761 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING THE RATES FOR BUSINESS LICENSE TAXES AND RELATED FEES AND DEPOSITS PURSUANT TO CHAPTER 5 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959 AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, the City Council has established business license fees pursuant to Resolution No. 7036, adopted on October 21, 1997; and WHEREAS, on January 27, 1998, the City Council of the City of Vernon adopted Ordinance No. 1055, which reorganized the Vernon City Code to establish general provisions relating to business license taxes and enforcement of business license taxes under Chapter 5 of the Vernon City Code; and WHEREAS, since the procedural and enforcement provisions of Ordinance No. 1055 did not impose, extend or increase any tax, voter approval was not required; and WHEREAS, Ordinance Nos: 1056 and 1057 relating to hufiinP�� license taxes were submitted to the voters of the City of Vernon at a general municipal election held on April 14, 1998, at which time said Ordinances received the required approval of at least two-thirds of the voters of the City voting thereon; and WHEREAS, Ordinance No. 1055 became effective on April 14, 1998, in accordance with Section 11 of said Ordinance which states that the Ordinance shall be in full force and effect upon the date of approval by the voters of Ordinance Nos. 1056 and 1057; and WHEREAS, pursuant to Vernon City Code Section 5.31, the City Council of the City of Vernon is authorized to revise the business Ilicense taxes and related fees and deposit in accordance with 1 the procedure established therein and to set said rates by resolution; 2 and 3 WHEREAS, the City Clerk has prepared a written report setting 4 forth the adjustments to the maximum tax rates required by Vernon City 5 Code Section 5.31, and recommending the rates be revised so that 6 revenues from license taxes remain a significant portion of total 7 revenue available to meet expenditures, a copy of said report is 8 attached hereto as Exhibit A and incorporated by reference; and 9 WHEREAS, the fees established herein do not exceed the 10 reasonable cost of providing the services for which the fees are 11 charged; and 12 WHEREAS, the City Council of the City of Vernon desires to 13 approve the proposed revision to the business license taxes, related 14 fees, and deposits. 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 16 CITY OF VERNON AS FOLLOWS: 17 SECTION 1: The City Council of the City of Vernon hereby 18 finds and determines that the recitals contained hereinabove are true 19 and correct. 20 SECTION 2: Business License Fees (V.C.C. Sec. 5.22). 21 Every person doing business or engaged in any business, 22 profession, trade or occupation, or performing any act, or otherwise 23 dealing in or with goods, wares or merchandise, and not elsewhere 24 specifically licensed by other provisions of Chapter 5 of the Vernon 25 City Code, shall pay a license fee for each calendar year or portion 26 thereof for the privilege of doing business in the City of Vernon as 27 follows: 28 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR EVERY PERSON EMPLOYING: 0 or 1 employee (warehousing with no employees in the City of Vernon shall pay the minimum of $150.00 per year) 2 to 10 employees 11 to 25 employees 26 to 50 employees 51 to 75 employees 76 to 100 employees 101 to 150 employees 151 to 200 employees 201 to 250 employees 251 to 300 employees 301 to 400 employees 401 to 500 employees 501 to 600 employees 601 to 700 employees 701 to 800 employees 801 to 900 employees 901 to 1,000 employees 1,001 to 1,100 employees 1,101 to 1,200 employees 1,201 to 1,300 employees 1,301 to 1,400 employees 1,401 to 1,500 employees 1,501 to 1,600 employees 1,601 to 1, 700 employees 1,701 to 1,800 employees 1,801 to 1,900 employees ANNUAL TAX RATE $ 150.00 230.00 310.00 430.00 575.00 715.00 850.00 995.00 1,140.00 1,285.00 1,430.00 1,570.00 1,720.00 2,000.00 2,285.00 2,570.00 2,855.00 3,140.00 3,420.00 3,700.00 3,990.00 4,270.00 4,555.00 4,835.00 5,125.00 5,405.00 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FOR EVERY PERSON EMPLOYING: ANNUAL TAX RATE 1,901 and more employees $ 5,690.00 Business License Taxes (VCC §§5.23-5.29. CATEGORY ANNUAL TAX RATE Central Station Industrial $ 425.00 Protective Service (minimum tax) §5.23 (a) Auctioneer §5.24(a) 145.00/day Still Photography §5.24(b ) 80.00/day Taxicab Service §5.24(c) 215.00/year Vehicle Towing Service §5.24(d) 215.00/year Peddler §5.25(a) 265.00/year Catering Vehicle -Cold Food 230.00/year §5.25 (b) (1) Catering Vehicle -Hot Food 280.00/year §5.25 (b) (1) (i) and (ii) Catering Vehicle -Daily §5.25(b)(2) 65.00/day Peddler/Caterer-Transfer §5.25(d) 80.00/transfer Peddler §5.25(e) 760.00/year Fruit/Vegetable Vendor §5.25(f) 230.00/year Junk/Scrap Metal Dealer §5.27(a) 1,710.00/year Rag or Paper Dealer §5.27(b) 1,120.00/year Secondhand Pipe Dealer §5.27(c) 1,710.00/year Shows, Circuses, etc. §5.29(a) 215.00/day - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CATEGORY Sideshow §5.29(b) Structure Moving (Deposit) §5.64 Structure Moving Permit Fee §5.64 ANNUAL TAX RATE $ 145.00/day 330.00/per structure moved 20.00/per structure moved into, in, or through the City Business License Tax For Warehousing (VCC §5.28). The minimum warehousing license tax shall be $240.00 per year and the maximum warehousing license tax shall be $2,390.00 per year. If the warehousing facility is 5,000 square feet or less, then the minimum rate applies. EVERY PERSON ENGAGED IN OR ANNUAL TAX CARRYING ON THE BUSINESS OF WAREHOUSING, THE TAX RATE PER SQUARE FOOT SHALL BE: First 5,000 sq. ft. $ 240.00 All square footage over 5,000 sq. $ 0.0420 ft. EACH ADDITIONAL OFFSITE ANNUAL TAX WAREHOUSING FACILITY, THE TAX RATE PER SQUARE FOOT SHALL BE: First 5,000 sq. ft. $ 240.00 All square footage over 5,000 sq. $ 0.0210 ft Every person engaged in or carrying on the business of warehousing in conjunction with a manufacturing business and where said business has 100 employees or more at the same location, the business - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 license fee will be based on the number of employees, and the warehousing activity at the same location is exempt from the square footage fee. Special Taxes (VCC §5.35 - 5.39). MINIMUM TAX Hazardous waste treatment, storage $ 6,000.00/year or disposal facilities (§5.35) Hazardous waste treatment, storage $ 6,000.00/year or disposal by or on behalf of related corporate entities (§5.36) Hazardous waste treatment, storage $ 0.35/gallon or disposal by or on behalf of related corporate entities (§5.36) Waste to energy facilities (§5.37) $ 1.00/ton per calendar year Solid waste materials processing and recycling facilities (§5.38) Lead -acid battery recycling facilities (§5.39) $ 1.00/ton per calendar year $ 0.35/ton based on gross weight SECTION 3: Central Station Industrial Protective Service (V.C.C. Sec. 5.23). Every person engaged in conducting a central station protective signaling system for watchmen, fire alarm or supervisory services shall pay: (a) A minimum license tax pursuant to Section 2 herein each year at the time of applying for or renewal of the license; and (b) Two percent (2%) of the gross receipts of business - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 kWM 18 19 20 21 22 23 24 25 26 27 arising from the licensee's operations conducted in the City of Vernon, less the minimum previously paid. SECTION 4: Penalty Charges (V.C.C. Sec. 5.30). If license tax is not paid on or before the delinquency date, a penalty of ten percent (100) of the amount due for the license tax shall be imposed, and an additional penalty of ten percent (100) of the original license tax shall be added at the close of business on the last day of each calendar month thereafter. Every penalty shall become a part of the license tax required. In no case shall the total penalty for delinquent license taxes exceed fifty percent (500) of the original (license tax for each year. SECTION 5: Motion Picture Production (V.C.C. Sec. 5.65). Every person conducting, managing or carrying on the business of taking or producing one or more commercial motion pictures or commercial television videotapes in the city shall pay the fees set forth in the filming permit guidelines as approved by the City Council for location and services established for each day of production in the city. SECTION 6: Junk, Secondhand Metal, Rags, Paper, Secondhand Steel, Pipe and Fittings Dealers (V.C.C. Sec. 5.67). The applicant for a junk, secondhand metal, secondhand rag, paper, secondhand steel, pipe and fittings dealership shall file.with the city clerk along with the application, a bond for $5,250.00 executed on behalf of the City of Vernon by a duly authorized surety corporation subject to approval by the City Attorney. SECTION 7: Amended or Duplicate Licenses (V.C.C. Sec. 5.6). In addition to the fees set forth above, and in addition to other taxes, fees, charges or deposits which are required by ordinances - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or resolutions of the City of Vernon or applicable State law, each application for a duplicate business license shall be accompanied by payment of a fee of $15.00. SECTION 8: Additional Fees. In addition to the foregoing, the licensee or permittee shall pay all other necessary fees or deposits which may be required by other ordinances or resolutions of the City of Vernon or applicable State laws in effect. SECTION 9: The fees provided for herein shall be effective January 1, 2009, and all other resolutions in conflict with this resolution are hereby repealed, specifically, but not limited to, Resolution No. 7036. SECTION 10: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 24th day of November, 2008. AT EST: M NUELA GIRON, Ci y Clerk Name: Leanis C. Malburg Title : Mayor / .Ua*Gr Pr-&--T efft - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9761, was duly adopted by the City Council of the City of Vernon at regular meeting of the City Council duly held on Monday, November 24, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) MANUELA GIRO ity Clerk - 9 - EXHIBIT A CITY CLERK'S DEPARTMENT INTER -DEPARTMENT MEMORANDUM DATE: November 19, 2008 TO: Honorable Mayor Leonis C. Malburg and Honorable City Council Members FRO Manuela Giron, City Clerk RE: Determination of Business License Tax Rates Commencing January 1, 2009 Gentlemen: Business License Ordinance Nos. 1055, 1056 and 1057 became effective on April 14, 1998, the date upon which they were approved by the voters. Sections 5.31 and 5.40 of the Vernon City Code provide a mechanism by which the tax rates can be increased. The City Clerk needs to submit a written report to the City Council setting forth the allowable adjustments that may be made to the tax rates together with a recommendation to revise the rates. Attached hereto is the recommended business license tax increases. Revenues from business license taxes remain a significant portion of total revenue available to meet expenditures, and the recommended business license tax rates do not exceed the maximum tax rates authorized pursuant to Chapter 5 of the Vernon City Code. The City Council needs to determine, by resolution, the adjusted business license tax and fee schedule for implementation on January 1, 2009. O c X 0 m c 0 cu v rt 3 cu rt 0 r a> cr 0 W m m c 0 r v 0 rt v rt_ N r-} 0 cn City of Vernon Business License Fees Calendar Year 2009 The recommended Rates for 2009, where changed, were calculated by multiplying the original 1997/1998 rates by 1.2, and then rounding to the nearest even $5 increment. Unchanged rates and those that are stated as a percentage remain at the original level. The Maximum Rates for 2009 were calculated by multiplying the original 1997/1998 rates by the ratio of the March 2008 CPI divided by the March 1997 CPI. In actual numbers: March 2008 CPI = 223.6 (from Bureau of Labor Statistics - CUURA421SAO) March 1997 CPI = 159.8 (from Bureau of Labor Statistics - CUURA421 SAO) Resulting Ratio = 1.399249061 Resulting 2009 Rates and Maximum Rates Recommended Manufacturing Employment Original Rate 2009 Rate Maximum Rate 0 -1 Empl $ 125.00 $ 150.00 $ 174.91 2 -10 Empl $ 190.00 $ 230.00 $ 265.86 11 -25 Empl $ 260.00 $ 310.00 $ 363.80 26 -50 Empl $ 360.00 $ 430.00 $ 503.73 51 -75 Empl $ 480.00 $ 575.00 $ 671.64 76 -100 Empl $ 595.00 $ 715.00 $ 832.55 101 -150 Empl $ 710.00 $ 850.00 $ 993.47 151 -200 Empl $ 830.00 $ 995.00 $ 1,161.38 201 - 250 Empl $ 950.00 $ 1,140.00 $ 1,329.29 251 - 300 Empl $ 1,070.00 $ 1,285.00 $ 1,497.20 301 - 400 Empl $ 1,190.00 $ 1,430.00 $ 1,665.11 401 - 500 Empl $ 1,310.00 $ 1,570.00 $ 1,833.02 501 - 600 Empl $ 1,435.00 $ 1,720.00 $ 2,007.92 601 - 700 Empl $ 1,670.00 $ 2,000.00 $ 2,336.75 701 - 800 Empl $ 1,905.00 $ 2,285.00 $ 2,665.57 801 - 900 Empl $ 2,140.00 $ 2,570.00 $ 2,994.39 901 - 1000 Empl $ 2,380.00 $ 2,855.00 $ 3,330.21 1001 - 1100 Empl $ 2,615.00 $ 3,140.00 $ 3,659.04 1101 - 1200 Empl $ 2,850.00 $ 3,420.00 $ 3,987.86 1201 - 1300 Empl $ 3,085.00 $ 3,700.00 $ 4,316.68 1301 - 1400 Empl $ 3,325.00 $ 3,990.00 $ 4,652.50 1401 - 1500 Empl $ 3,560.00 $ 4,270.00 $ 4,981.33 1501 - 1600 Empl $ 3,795.00 $ 4,555.00 $ 5,310.15 1601 - 1700 Empl $ 4,030.00 $ 4,835.00 $ 5,638.97 1701 - 1800 Empl $ 4,270.00 $ 5,125.00 $ 5,974.79 1801 - 1900 Empl $ 4,505.00 $ 5,405.00 $ 6,303.62 1901 or more Empl $ 4,740.00 $ 5,690.00 $ 6,632.44 Other Business Activities Original Rate 2009 Rate Maximum Rate Central Station Protective Service $ 355.00 $ 425.00 $ 496.73 Auctioneer $ 120.00 $ 145.00 $ 167.91 City of Vernon Business License Fees Calendar Year 2009 Still Photography $ 65.00 $ 80.00 $ 90.95 Taxicab Service $ 180.00 $ 215.00 $ 251.86 Vehicle Towing Service $ 180.00 $ 215.00 $ 251.86 Peddler $ 220.00 $ 265.00 $ 307.83 Catering Vehicle - Cold $ 190.00 $ 230.00 $ 265.86 Catering Vehicle - Hot $ 235.00 $ 280.00 $ 328.82 Catering Vehicle - Daily $ 55.00 $ 65.00 $ 76.96 Peddler / Caterer - Transfer $ 65.00 $ 80.00 $ 90.95 Peddler (5.25 (e)) $ 635.00 $ 760.00 $ 888.52 Fruit / Vegetable Vendor $ 190.00 $ 230.00 $ 265.86 Junk / Scrap Metal Dealer $ 1,425.00 $ 1,710.00 $ 1,993.93 Rag or Paper Dealer $ 935.00 $ 1,120.00 $ 1,308.30 Secondhand Pipe Dealer $ 1,425.00 $ 1,710.00 $ 1,993.93 Shows, Circuses, etc. $ 180.00 $ 215.00 $ 251.86 Sideshow $ 120.00 $ 145.00 $ 167.91 Structure Moving (Deposit) $ 275.00 $ 330.00 $ 384.79 Structure Moving Permit Fee $ 15.00 $ 20.00 $ 20.99 Warehousing Original Rate 2009 Rate Maximum Rate Primary Warehouse - First 5,000 sq ft $ 200.00 $ 240.00 $ 279.85 Per sq ft over 5,000 sq ft $ 0.0350 $ 0.0420 $ 0.0490 Maximum Primary Warehouse Tax $ 1,990.0.0 $ 2,390.00 $ 2,784.51 Secondary Warehouse - First 5,000 sq ft $ 200.00 $ 240.00 $ 279.85 Per sq ft over 5,000 sq ft $ 0.0175 $ 0.0210 $ 0.0245 Maximum Secondary Warehouse Tax $ 1,990.00 $ 2,390.00 $ 2,784.51 Special Taxes Original Rate 2009 Rate Maximum Rate Hazardous Waste TSDF - Minimum $ 5,000.00 $ 6,000.00 $ 6,996.25 Hazardous Waste TSD Related - Min $ 5,000.00 $ 6,000.00 $ 6,996.25 Hazardous Waste TSD Related - $/gal $ 0.30 $ 0.35 $ 0.42 Waste to Energy Facility - $/ton $ 0.85 $ 1.00 $ 1.19 Solid Waste Recycling - $/ton $ 0.85 $ 1.00 $ 1.19 Lead Acid Battery Recycling - $/ton $ 0.30 $ 0.35 $ 0.42 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: December 8, 2008 TO: Rory Burnett, Finance Director Sharon Duckworth, City Treasurer Masami Higa, Internal Control Manager/Controller Joaquin Leon, Assistant Finance Director Martha Valenzuela, Director of Personnel/Purchasing Agent FROM: Nelly Giron, City Clerk RE: Resolution No. 9761 - A Resolution of the City Council of the City of Vernon Establishing the Rates for Business License Taxes and Related Fees and Deposits Pursuant to Chapter 5 of the Code of the City of Vernon, California, 1959 and Repealing All Resolutions or Parts of Resolutions in Conflict Therewith Transmitted herewith is a copy of Resolution No. 9761 referenced above, which was approved by City Council on November 24, 2008. Thank you. NG:dr c: Resolution No. 9761