HomeMy WebLinkAbout1/17/2007 - STAFF REPORTS - 2.F. ��F P pLM SA4
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City Council Staff Report
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(DATE: January 17, 2007 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1708, ADDING CHAPTER 16.39 TO THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO RENTAL CAR AGENCIES AND THE
ESTABLISHMENT OF A CUSTOMER FACILITIES CHARGE.
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1708.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1708, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 16.39 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO RENTAL CAR AGENCIES AND THE
ESTABLISHMENT OF A CUSTOMER FACILITIES CHARGE."
STAFF ANALYSIS:
At its January 3, 2007, meeting the City Council introduced on first reading the
proposed ordinance.
This report provides for the City Council to waive further reading and adopt the
ordinance. The ordinance shall be effective 30-days from adoption-
es Thompson, City Clerk
Attachment:
Ordinance No. 1708
Item 2 . F .
City of Palm Springs
ORDINANCE NO. 1708
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 16.39 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO RENTAL
CAR AGENCIES AND THE ESTABLISHMENT OF A
CUSTOMER FACILITIES CHARGE
City Attorney's Summary
This ordinance implements the provisions of California Civil Code Section
1936 and creates a customer facilities charge to Be assessed against
rental car contracts for the purpose of funding the financing, design, and
construction of consolidated car rental facilities. The ordinance also
provides for general administrative requirements for on-airport and off-
airport car rental agencies.
I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify
that Ordinance No. 1708 was introduced at the regular meeting of the City Council on
the 3rd day of January 2007, by the following vote:
AYES: Councilmembers Foat, McCulloch, Mills, Mayor Pro Tern Pougnet, and
Mayor Oden
NOES: None
ABSENT: None
ES THOMPSON, City Clerk =
PROPOSED ORDINANCE NO. 1708
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 16.39 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO RENTAL
CAR AGENCIES AND THE ESTABLISHMENT OF A
CUSTOMER FACILITIES CHARGE,
City Attorney's Summary
This ordinance implements the provisions of California Civil
Code Section 1936 and creates a customer facilities charge
to be assessed against rental car contracts for the purpose of
funding the financing, design, and construction of
consolidated car rental facilities. The ordinance also
provides for general administrative requirements for on-
airport and off-airport car rental agencies.
The City Council of the City of Palm Springs ordains:
SECTION 1. Chapter 16.39 is added to the Palm Springs Municipal Code to read:
Chapter 16.39
CAR RENTAL AGENCIES AND CUSTOMER FACILITIES CHARGE
Sections:
16.39.005 On-Airport Car Rental Agencies
16.39.010 Off-Airport Car Rental Agencies
16.39.015 Customer Facilities Charge
16.39.020 Reporting and Remittance
16.39.025 Recordkeeping Requirements
16.39.030 Charges Deemed Debt to City
16.39.035 Failure to Remit Charges to City
116.39,005 On-Airport Car Rental Agencies.
A. No on-airport car rental agency shall occupy airport terminals, service lots,
parking spaces, or other areas on the airport without either a lease or license providing
authorization to occupy such areas in accordance with this title.
B. The Director may approve and execute a lease with an on-airport car rental
agency, on behalf of the City, if the term of the lease is for three years or less. The
Director may extend or renew any such lease as long as the total term of the lease,
including any extension or renewal, does not exceed three years.
C. If the total term of any such lease or leases is longer than three years, City
Council approval of the execution of the lease is required. If the Director has approved a
lease on behalf of the City which totals three years, the Director may not thereafter
approve a subsequent lease of the same premises to the same tenant, without
authorization of the City Council to do so.
D. A lease with a term of three years or less for use of the airport for on-airport car
rental agency commercial activity may be approved and executed by the Director on
behalf of the City if the Director determines:
1. That adequate space is available to accommodate such activity consistent
with the space requirements of other airport uses;
2. That the proposed lease of space would conform to the most recent airport
layout plan for the airport; and
3. That the proposed lease of space conforms to the council policy for on-
airport car rental agency commercial activity.
E. Approval of such leases by either the Director or the City Council is at the City's
sole discretion.
F. An on-airport car rental agency shall maintain insurance in amounts and under
terms and conditions established by the City's Risk Manager to be necessary or
desirable to protect the City and the general public. The insurance requirements shall
be included in any leases with the on-airport car rental agency.
G. An on-airport car rental agency shall pay such rentals, fees, charges, and
deposits as may be established by resolution of the City Council if the lease is approved
by the Director, or as otherwise set forth in leases authorized by the City Council.
H. All leases with an on-airport car rental agency shall contain such other terms,
conditions and provisions as may be determined by the City Council or the Director, if
the Director is authorized to approve the leases, to protect, the safety, welfare and
convenience of the City and the general public.
16.39.010 Off-Airport Car Rental Agencies.
A. No off-airport car rental agency shall engage in or perform any car rental
commercial activity at the airport without a ground transportation permit issued pursuant
to this Title.
Q. The Director is authorized to issue permits under this Section. Such permits shall
be valid for specified periods not exceeding three years from date of issuance. In
addition to the terms and conditions required by this Chapter, such permits shall contain
such other terms and conditions as the Director determines to be necessary for the
protection of the safety, convenience, and welfare of the City and the general public.
C. An off-airport car rental agency shall be limited to the commercial activity of
delivering rental cars to a customer, or picking up or dropping off the customer at the
airport for delivery or return of a rental car off of the airport. No other commercial activity
shall be authorized by any permit issued to an off-airport car rental agency under this
Section.
D. An off-airport car rental agency, in delivering rental cars or picking up or dropping
off customers at the airport, shall be limited to authorized locations for such delivery,
pick-up or drop-off on the airport, as designated by traffic markings or signs, in rules and
regulations issued by Director or in the permit.
16.39.015 Customer Facilities Charge.
A. Each person who rents a vehicle from an on-airport rental car agency located on
the Airport or in any consolidated rental car facility shall pay a customer facilities charge
In the amount as is provided in California Civil Code Section 1936, as may be amended
from time to time.
B. Each on-airport car rental agency shall surcharge a customer facilities charge on
every contract for a car rental derived from its commercial activity at the airport. All
customer facilities charges collected by any on-airport car rental agency on behalf of
City shall be deemed a debt owed to the City by such car rental agency. Each on-airport
car rental agency shall remit all customer facilities charges collected from its customers
to the City in the manner prescribed by City in writing-
C. The fees paid pursuant to this Section shall be only be used to finance, design,
and construct consolidated airport car rental facilities consistent with the provisions of
California Civil Code Section 1936, as may be amended from time to time.
16.39.020 Reporting and Remittance.
A. Each on-airport car rental agency shall, on or before the last day of each
calendar month, prepare and submit a monthly charge report, in a form satisfactory to
the City's Finance Director, that specifies the total number of car rental contracts let and
the amount of customer facilities charges collected for the preceding calendar month-
B. The full amount of the customer facilities charges collected in the preceding
calendar month shall be remitted to the Director along with the monthly charge report.
116.39.025 Recordkeeping Requirements.
It shall be the duty of every on-airport rental car agency and every off-airport
rental car agency liable for the collection and payment to the City of any charge
imposed by this Chapter to keep and preserve for a period of three years all records as
may be deemed necessary by the City to determine the amount of any such charges for
which such rental car agency may be liable for the collection of and remittance to the
City.
16.39.030 Charges Deemed Debt to City.
Any charge required to be paid by any person under the provisions of this
Chapter shall be deemed a debt owed to the City. Remittance to the City of all funds
required to be collected by any on-airport rental car agency pursuant to this Chapter is a
fiduciary obligation of the rental car agency and collectible in the same manner as a
debt. 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.
116.39.035 Failure to Remit Charges to City.
Any person who fails to remit charges or who does not remit charges in a timely
manner shall, in addition to all remedies available to City under this Code and state law,
be barred from using the airport or its facilities for the conducting of any commercial
activity whatsoever.
SECTION 2. The definition of"Director of Aviation" and "Director" as defined in Section
16.02.015 of the Palm Springs Municipal Code is amended to read:
"Director of Aviation" or "Director" means the City Manager of the City of Palm Springs
or the designee or designees of the City Manager.
SECTION 3. The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED AND ADOPTED THIS DAY OF 2006.
AYES:
NOES:
ABSTAIN:
ABSENT:
RON ODEN, MAYOR
ATTEST:
James Thompson, City Clerk
City of Palm Springs
ORDINANCE NO. 1708
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 16,39 TO THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO RENTAL
CAR AGENCIES AND THE ESTABLISHMENT OF A
CUSTOMER FACILITIES CHARGE
City Attorney's Summary
This ordinance implements the provisions of California Civil Code Section
1936 and creates a customer facilities charge to be assessed against
rental car contracts for the purpose of funding the financing, design, and
construction of consolidated car rental facilities. The ordinance also
provides for general administrative requirements for on-airport and off-
airport car rental agencies.
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 1708 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on January 3, 2007, and adopted at a
regular meeting of the City Council held on January 17, 2007, by the following vote:
AYES: Councilmembers Foat, McCulloch, Mills, Mayor Pro Tem Pougnet, and
Mayor Oden
NOES: None
ABSENT: None
MES THOMPSON, City Clerk
PROOF OF PUBLICATION This is space fol County Clerk's Filing Stamp
(20I5.5.C.C.P)
STATE 417 CALIFORNIA
County of Riverside
lam a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; I am over the age of eighteen __....._..---_............——
years,and not a party to or interested in the
above-entitled mutter. I am the principal cleric of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has been -
adjudged a newspaper of general circulation by the No.
Superior Court of the County of Riverside,State of City of palm Spring, ..
California under the date of March 24, 1988.Case ORDINANCE No. 1T08
Number 191236;that the notice,of which the SPRINGS HCAALIFOHNIA HE Clry OF PALM
annexed l5 a printed copy(SC[In type not Smaller' 16-39 AO E'FHE E HE PALM Sp NDS hlloltH.I�PpAR
EATING TORENTAL AR AGENolES
than non pari¢l,has been published in each regular No
CHAppGHMENT F A CDS'tDMER
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit: rotmITTeoc"I'y ov eem n?93 ap ovi/Sans of ceh-
January 6ei,2007 Snanci... cbntrscry�9 the 6e a a o"�°�°'aggemst
od car 2n /acr/lone consppbn oI cvnso/ida�e-"'-----""--------'-"---"'-----------"-"""-- vfde„I Thv ordinance a/so pro,on-alrporrt and;ay dministrativv requirements or
airport csr route!agent%es,
—, ,........-------- I. Jamv2 Thom eon Clt palm S tinge. B211fornki hereby certify that r
All in the year 2M7 nencn the Cl of
ml•er, 9 of tho Clt` 6itroduca;d.at rha O di-
w s
J ver, y Councll o regular)
I certifyor declare under penalty of perjury that the y h'g007 hY the following vote
3rd day of
I Y P 1 y Noror Noneem Poubnet and Moyer IOtlan M'lls,_
foregoingis true and correct.
e
ABSkNT;None
Dated at Palm Springs,California this---8'I',--day '
JAMt:s r �1p�QFJ—CTY I
of------Janu- —---------------------,2007 P461ished: 1/6/2097 lk
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ca Si ature
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PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid; I am over the age of eighteen ...............----•-------------
years,and not a party to or interested in the
above-entitled matter.1 am the principal cleric of a
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation, • -- -
printed and published in the city of Palm Springs, No. 0260
City of Palm Springs
County of Riverside,and which newspaper has been
adjudged a newspaper or general circulation by the ORDINANCE NO.7708 -
Superior Court of the County of Riverside,Stale of Or PALM
AN
ORDINANCE
CALIFORNIA THE
CHAPTER
California under the date of March 24, 1988.Case 16.39 TO THE PALM SPRINGS MUNICIPAL
ES
Number 191236;that the notice,of which the ANDE1HE ESTABLISHMEG TO NTAOF A CUSTOMER
annexed is a printed copy set In type not smaller FACILITIES CHARGE
than non p•ariel,has been published in each regular City Attomey's Summary
This Ordinance Impleents the praW5lpns of Cell-
and entire issue of said newspaper and not in any fomla Civil Code Sumction 1936 and creates a cus-
tamer facilities charge to be as.e.ssed against
supplement thereof on the following dates,to wit: rental car contracts for.the purpose of Woo g the
tloancmg, desigpn, and construction of consolidate
ad car Intel laclllties. The ordinanCe also pro-
January 24a',2007 vldes for general.admintstradve requirements for
on•iirporr snd oHairport car raptal agencies.
'- I JAMES.THOMPSON, Cnyy Clerk of the City of
Palm Spring, California, do hereby certify that
—^ - --�--�- Ordinance No. 1708 Is a full, true and correct
--------------------------------------- copy,and was-introduced at a regular meeting of
All In the year 2007 the Palm 5prinppggs Clry Council on January S,
y airy Counciado
hell an Janua regular 2007 tlhy the fol-
lowing vote.
I certify(or declare) under penally of perjury that the AYES: Councllmembom Foal, McCulloch, Mills,
foregoing Is true and correct. Mayor Pre Tem Pougner,and Mayor Odon
NOES: None
I ABSENT: Nona
Dated at Palm Springs,California this--241',—day
JAivIES�H" MPS N, ry ter I
Of------- ry-------- ------ ---------2007 Published: 1/24/200]Jar
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