Resolution 12479CITY OF ALAMEDA RESOLUTION NO. 12479
AUTHORIZING AMENDMENT TO CONTRACT WITH
MUNICIPAL RESOURCE CONSULTANTS AND
INSTITUTING AUDITING PROCEDURES FOR
UTILITY USERS TAX AND FRANCHISE FEE PAYMENTS
WHEREAS, the City derives substantial revenues from its
utility users taxes and franchise fees; and
WHEREAS, it is prudent and appropriate that the City
perform a periodic audit of those persons of entities responsible
for the collection and/or payment of utility users taxes and
franchise fees to the City; and
WHEREAS, in order to conduct a thorough and efficient
audit, the City requires reasonable access to certain information,
records, and data of those persons or entities responsible for the
collection and/or payment of utility users taxes and franchise fees
to the City; and
O j WHEREAS, SB 278 became effective on August 2, 1993 which
entitles the City to collect a surcharge on transportation,
customers utilizing public rights-of-way through energy
transpnrters; and
(I)
as
( WHEREAS, with respect to the City's auditing of all gas
transporters, telephone and CATV utility users taxes and franchise
fees, the City has retained the services of Municipal Resource
Consultants and Donald H. Maynor (through MRC), hereinafter
"Consultants"; and
WHEREAS, the City desires to amend its existing agreement
with Consultants to expand the revenue enhancement services
currently being provided to the City to recover all revenue to
which it is entitled from franchise fees and utility users taxes
including any SB 278 surcharges from the date of enactment of the
dtatute to the date Pacific Gas and Electric commences collection
of the surcharge.
NOW, THEREFORE, BE IT RESOLVED that the Council of
the City of Alameda hereby:
1. Authorizes the City Manager to execute the Amendment
to Consultant Services Agreement, attached to the staff report as
Exhibit A.
2. Institutes an audit proceeding of the City's gas,
telephone and CATV utility users taxes and franchise fees, wherein
the City Staff and Consultants shall periodically report to the
City Council the findings of such audit activities.
3. Authorizes the Mayor of the City Council to issue
subpoenas on behalf of the City Council pursuant to Government Code
§ 37104 et seq., requiring the subpoenaed party to provide certain
information to the City and /or its authorized representatives for
purposes of conducting an audit of the City's gas, telephone and
CATV utility users taxes and franchise fees and SB 278 surcharges
from the date of enactment of the statute to the date Pacific Gas
and Electric commences collection of the surcharge.
4. Designates Consultants as authorized representatives
of the City for purposes of conducting an audit of the City's gas,
telephone, and CATV utility users taxes and franchise fees, and for
purposes of requesting audit information and information described
in Public Utilities Code § 6354 (j), and for purposes of receiving
such subpoenaed or requested information.
5. Authorizes the City Manager, or his designee and /or
Consultants, as required by the responding party, to execute non-
disclosure agreements on behalf of the City in appropriate cases in
which confidential or proprietary information is requested or
subpoenaed, and such information is not subject to disclosure under
the Public Records Act.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 7th day of
December , 1993, by the following vote to wit:
AYES: Councilmembers Appezzato, Arnerich, Lucas, Roth
and President Withrow - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 8th day of December , 1993.
Y 1
i<I
Patricia Galbreath, Deputy City Clerk
City of Alameda