HomeMy WebLinkAboutAgenda Report - April 6, 2011 C-20AGENDA ITEM I
&% CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Authorize the Mayor, on Behalf of the City Council, to Send a Letter of
Opposition to HR 1002—Wireless Tax Fairness Act of 2011
MEETING DATE: April 6, 2011
PREPARED BY: City Manager
RECOMMENDED ACTION: Authorize the Mayor, on behalf of the City Council, to send a letter
of opposition to HR 1002 — Wireless Tax Fairness Act of 2011.
BACKGROUND INFORMATION: The City was asked by the League of California Cities to oppose HR
1002 regarding the Wireless Tax Fairness Act of 2011 and send a
letter of opposition regarding the same to Congressman McNerney.
HR 1002 would impose a five-year moratorium on state and local taxes on mobile services and the
providers of mobile services that are levied beyond generally imposed rates. The legislation would
remove a much needed local government revenue source and undermine the efforts of a number of cities
in California that are working to update and simplify their tax ordinances to assure technology -neutrality.
While the City of Lodi does not currently have a Utility Users Tax (UUT), it is important to preserve the
right of our citizens to make adjustmentsto local financing mechanisms through their local voting powers.
Therefore it is requested that the City Council consider and ultimately authorize a letter of opposition to
be sent to the City's congressional representative.
FISCAL IMPACT: Not applicable at this time.
FUNDING AVAILABLE: Not applicable at this time.
City Manager
APPROVED:
Konrad artlam, City Manager
Is] 1111 WKK0I�P►Is] II
BOB JOHNSON, Mayor
JOANNE MOUNCE,
Mayor Pro Tempore
LARRY D. HANSEN
PHIL KATZAKIAN
ALAN NAKANISHI
April 6, 2011
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerka-loci goy
The Honorable Jerry McNerney
U.S. House of Representatives
1210 Longworth House Office Building
Washington, DC 20515
SUBJECT:
Dear Congressman McNerney:
On behalf of the City of Lodi I am writing to urge
Fairness Act. This legislation seeks to preempt I
difficult national economic environment when we
challenges. "
Many cities in California impose a Utility Users
utilities (e.g., telephone, gas, electric, water
manner that is comparable to the rate o gee
approved pursuant to state law, and wh%ch
services to be first approved by the v 5
assistance to the cities' general purpose
services, including police; fiif-,:, emerg
recreation. This is as signlflca f source of
struggle to providese(wices while acing sigr
mortgage foreclosure crisis s`
As we continuo,to work to
financi,ng��mechanisms W,'
serv�ices1�and left powerless
this autho afand prevent
such, I urge°youto oppose
Thank you for
Sincerely,
Bob Johnson
Mayor
rdrbppose HR 100v
revenue generating
maximum flexibility
KONRADT BARTLAM,
City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
Wireless Tax
ority during a
yo-ond to local
Tax (UIJT) broadly among many types of
sewer, cable�television) in a technology -neutral
erally imposed taxes. This is a tax that is voter -
Y0 R ;
-equices` any increaser taxes to provide local
s Revenue denvd from the UUT provides
;venues`, aidxis critical to providing important
ncy response; as well as library, parks and
revenue that Is desperately needed as cities
ficant revenue losses resulting from the national
�tthe c'allenges of the current budget environment our cities
Q ork directly_ with our residents to make adjustments to local
t the authority we are stifled in our efforts to maintain current
shal%016 future of our communities. HR 1002 would obstruct
r inputon local revenue measures impacting all residents. As
legislation.
of this important request.
cc: Jennifer Whiting, League of California Cities
Opposition Ltrs on HR 1002 - Wireless Tax Fairness Act of 2011 Page 1 o f2
Randl Johl
Subject: FW: Opposition Ltrs on HR 1002 - Wireless Tax Fairness Act of 201 1
Attachments: DRAFT Cities Letter.docx; Oppose HR 1002 - McCarthy.pdf
From: Stephen R Qualls [mailto:squalls@cacities.org]
Sent: Wed 3/23/2011 1:03 PM
To: Rod Butler(rbutler@ci.patterson.ca.us); Bryan Whitemyer; Sheila Cumberland
(Sheila.Cumberland@ci.ceres.ca.us); Mike. Locke@ci.stockton.ca.us; Vickie Lewis
(vlewis@livingstoncity.com); Mitzi Ortiz (mortiz@ci. lath rop.ca. us); mholland@cityofnewman.com;
kmclaughlin@ci.manteca.ca.us; jhall@cityofripon.org; maria.hurtado@ci.tracy.ca.us; Kathy Espinoza;
Joann Tilton; directordebby@manteca.org; Linda Abid - Cummings ;vhernandez@;
rchurchilijr@comcast.net; walkerd@cityofinerced.org; Bridget Gaines; JoAnne Mounce; Rhonda Greenlee;
Stephanie Lopez; gnyhoff@modestogov.com; spinkerton@ci.manteca.ca.us; Davidson, Dana;
jfaul@atwater.org; Randi Johl; jsmart@modestogov.com; connie.cochran@ci.stockton.ca.us; Mary Kelly,
Florence Low; Elbert Holman; bramblej@cityofinerced.org; Kellie Weaver, Jordan Ayers;
mayor@ci.stockton.ca.us; ckeaten@ci.lathrop.ca.us; DominicFarinha; Susan Lake; Gary Hampton;
dist2@ci.stockton.ca.us; Maria Becerra; rwasden@turlock.ca.us; Gary Dickson;
dbarnes@livingstoncity.com; Jeff Hood; carol. marshall@ci.stockton.ca. us; cblack@ci.chowchilla.ca.us;
joe.maestretti@ci.stockton.ca.us; dwilliams-ridley@modestogov.com; cityclerk@hughson.org; Rad
Bartlam; togden@riverbank.org; Bob Deis; davidrichards@angeiscamp.gov; tmiller@mlode.com;
tfoley@modestogov.com; mhernandez@riverbank.org; jridenour@modestogov.com; city@dospalos.org;
cmgr@riverbank.org; rwarne@livingstoncity.com; gwellman@atwater.org; Icompton@cityofripon.org;
ggreeson@cityofgustine.com; admin@cityofwaterford.org; SHallam@ci.oakdale.ca.us;
Brad. Kilger@ci.ceres.ca. us; Jim Marshall; adewerk@ci.ceres.ca.us; cityma nager@ci. lath rop.ca. us;
citymgr@losbanos.org; diperez@modestogov.com; gcarrington@atwater.org; gcook@modestogov.com;
Kathy. Miller@ci.stockton.ca. us
Subject: Opposition Ltrs on HR 1002 - Wireless Tax Fairness Act of 2011
Attached are two letters in opposition to HR 1002,the first is an example of the Opposition letter from the League.
This letter is being delivered to the California delegation tomorrow. The second is a sample Opposition letter for
you to please sing and deliver. This is the same bill as last year (HR 1521- Cell Tax Fairness Act) that many cities
opposed, so they may have existing policy.
HR 1002 would impose a five-yearmoratorium on state and local taxes on mobile services and the providers of
mobile services that are levied beyond generally imposed rates. The legislation would remove a much needed local
governmentrevenue source, solely to benefit an industry whose subscribership has grown by 158 percent and whose
revenues have increased by 124 percent since 2000. In addition to imposing a financial burden on local
governments, HR 1002would undermine the efforts of a number of cities in California that are working to update
and simplify their tax ordinances to assure technology -neutrality. These cities are working directly with voters to
modernize ordinances.
This bill is on a fast track in the House and is expected to move in the next few weeks, This week Congressional
members are in their districts and it is a good time for cities to make some phone calls in addition to sending the
letter. While it is important for all cities who have a utility users tax (or may want one in the future) to act on this,
we especially want to target Rep. Issa (CA -49: Canyon Lake, Lake Elsinor, Menifee, Oceanside, Perris, Temecula,
Vista, Wildomar, and the communities of Fallbrook, Julian, and Valley Center). Rep Issa is the only CA Republican
on the House Judiciary Committee (the next step in the process) that has not signed onto the bill so far. Other CA
members of the Committee include Reps Gallegly (CA -24), Lungren (CA -3), Berman (CA -28), Lofgren (CA -16),
Waters (CA -35), Chu (CA -32) and Linda Sanchez (CA -39).
The same bill has been introduced in the Senate (S. 543), but right now the House version seems to be the one
moving. This information is also being sent out from MuniServices to their members. If you have any questions,
please let me know.
Thank you,
03/29/2011
Opposition Ltrs on HR 1002 - Wireless Tax Fairness Act of 2011 Page 2 of 2
Stephen Qualls
Central Valley Regional Public Affairs Manager
League of CaliforniaCities
209-614-0118
Fax 209-883-0653
squalls@cacities.org<maiIto: sgualls n,cacities.ore>
To expand and protect local control for cities through education and
advocacy in order to enhance the quality of life for all Californians.
PLEASE DO NOT distribute political campaign advocacy information from public (city hall) computers, on city time, or
using public resources, even if it's from your personal email account. If in doubt, check with your city attorney.
* * *Disclaimer* * *Please Note: Please take the following precautions if this email is about a CITIPAC event. Though it is
not illegal for you to receive this notice via a city e-mail address, you should not respond to it or forward it using public
resources. You may however forward this message to your non-public e-mail account for distribution on non-public time. If
you have questions about the event or need additional information, please contact Mike Egan at (916) 658-8271 or
egan@cacities.org
Stephen Qualls
Central Valley Regional Public Affairs Manager
League of California Cities
209-614-0118
Fax 209-883-0653
squalls@cacities.org
PLEASE DO NOT distribute advocacy information from public (city hall) computers, on city time, or using public resources,
even if it's from your personal email account. If in doubt, check with your city attorney.
To restore and protect local control for cities through education and
advocacy in order to enhance the quality of life for all Californians.
***Disclaimer***Please Note: Please take the following precautions if this email is about a CITIPAC event. Though it is
not illegal for you to receive this notice via a city e-mail address, you should not respond to it or forward it using public
resources. You may however forward this message to your non-public e-mail account for distribution on non-public time. If
you have questions about the event or need additional information, please contact Mike Egan at (916) 658-8271 or
egan@cacities.org.
03/29/2011