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Home My WebLink About1708 - ORDINANCES - 1/17/2007 ' 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 16.39.005 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. Ordinance 1708 Page 2 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. K 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. B. 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 ' Ordinance 1708 Page 3 ' 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. 1 Ordinance 1708 Page 4 16,39.025 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. 16.39,035 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, APPROVED, AND ADOPTED THIS 17T" DAY OF JANUARY, 2007. ` 90 , &') Ron Oden, Mayor ATTEST: J ! es Thompson, City Clerk ' Ordinance 1708 Page 5 CERTIFICATION ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) 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: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. �rhes Thompson, City Clerk ty of Palm Springs, California 1