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9/3/2008 - STAFF REPORTS - 2.H.
�o pPLM SA4 41 V N City Council Staff Report Cg4IFOR��P* DATE: September 3, 2008 Consent Calendar SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1747, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1747. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1747, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE." STAFF ANALYSIS: At its July 30, 2008, meeting Proposed Ordinance No. 1747 was introduced by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tem Foat, and Mayor Pougnet, NOES: None. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson David H. Ready, E _ City Clerk City Manager Attachment: Ordinance No. 1747 Item 2 . H . ORDINANCE NO. 1747 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE. City Attorney's Summary This Ordinance amends and restates Chapter 3.39 of the City's Municipal Code relating to the administration of the City's emergency response fee in conjunction with the City's emergency response fee ordinance. This Ordinance adopts revisions to the existing Ordinance to clarify that the fee is a charge that will be levied only on these who use the emergency response services of the City. The City Council of the City of Palm Springs ordains: SECTION 1. Chapter 3.39 of the Palm Springs Municipal Code is amended and restated to read: Chapter 3.39 Emergency Response Fee Sections 3.39.010 Title-Purpose 3.39.020 Definitions 3.39.030 Findings 3.39.040 Imposition of Emergency Response Fee 3.39.050 Exemptions 3.39.060 Annual Report and Records 3.39.070 Collection of Fee — Per Line Basis 3.39.075 Collection of Fee — Per Call Basis 3.39.076 Election to Pay Fee on Per-Call Basis 3.39.080 Emergency communications emergency response fund 3.39,090 Liability for fee 3.39.100 Registration, reporting and remitting 3.39.110 Interest and penalties 3.39.120 Failure to collect and report fee—Determination of fee by Finance Director. 3.39.130 Refunds 3.39.135 Failure to Pay Fee 5a8920 1 0002 3.39.140 Failure to pay fee—Administrative remedy 3.39.150 Administrative agreements 3.39.160 California Public Utilities Commission jurisdiction 3.39.010 Title—Purpose. (a) In order to ensure and improve the performance of the city's Emergency Communication System, the City must impose a fee. This Chapter shall be known as the "Emergency Response Fee Ordinance" and the user fee imposed herein shall be known as the "Emergency Response Fee." (b) The purpose of this Chapter is to establish a user fee that is directly related to the cost of providing the service to Telephone Subscribers who use the Emergency Communication System derive from the improvements to and operation of the Emergency Communication System that will be financed by fee revenues. (c) The Emergency Communication System provides a special and distinct benefit to those who use it because it enhances emergency response speeds and service delivery. While incidental benefits may accrue to the general public, the predominant benefit is received by those who use the system and for that reason those who receive this distinct and special benefit should fund and pay for such service and system. (d) The Emergency Response Fee is the most practical and equitable revenue mechanism to finance the acquisition, construction, installation, and maintenance of land, equipment, software, and facilities which are needed to provide an adequate and reliable Emergency Communication System under a single uniform management structure and to operate that Emergency Communication System. The fee is intended to recover no more revenue than the costs related to the use of the Emergency Communication System by nonexempt Telephone Subscribers and to apportion those costs fairly among those Telephone Subscribers who voluntarily decide to use the Emergency Communication System. (e) This user fee is to be charged only to persons who actually use the Emergency Communication System. In order to ensure user choice and equity, this Chapter permits Telephone Subscribers to choose between a per-line user fee and a per-call fee. In no circumstances will use of the Emergency Communication Center be made contingent upon a Telephone Subscriber's ability to pay a fee of any kind. The City shall subsidize from general fund revenues the cost of the Emergency Communication Center attributable to use of the system by persons who do not pay a fee. The City's decision to subsidize this service for the least wealthy members of the community is possible only because most service users will be required to fund the demand they place on the Emergency Communication Center and the subsidy for these members of society is not at variance with the Council's determination that those who make use of this system should fund the cost of that use. 2 59S920 I O n s a (f) The fee imposed by this Chapter is intended to be imposed on the person who chooses to use the Emergency Communication Center. Charges are initially imposed on Telephone Subscribers because, in most instances, that person will have control over and responsibility for the use of the telephone from which 911 communication services are used. However, where a Telephone Subscriber demonstrates that another person made the decision to use the service, the liability to pay the fee created by this Chapter shall be borne by that other person. (g) The fee imposed by the provisions of this Chapter is intended solely to provide revenue for Eligible Project Costs and Eligible Operating Costs, as defined in this Chapter. Fee revenues shall be deposited by the Finance Director in the emergency response fund established pursuant to Section 3.39.080 of the Palm Springs Municipal Code. The provisions of this Chapter are not enacted for general revenue purposes. The moneys in the emergency response fund shall be used solely for the purposes set forth in this Chapter. 3.39.020 Definitions. Except where the context or particular provisions require otherwise, the following definitions shall govern the construction of this Chapter. "Access Line" means any connection from a customer location within the City to a provider of local telephone service offered to the public for compensation, Within the meaning of this Chapter, and without limitation, Access Lines include connections providing residential basic exchange service, business basic exchange service, PBX service (private branch exchange), foreign exchange service, VoIP service (Voice over Internet) and Centrex service. "Access Line" also includes, without limitation, a connection from a single mobile telephone to a commercial mobile radio service, as defined in Section 20.3 of Title 47 of the Code of Federal Regulations as that Section existed on October 1, 2002 and which has as its Place of Primary Use, as defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Section 124(8), a location within the City. Notwithstanding the foregoing, "Access Line," does not include any connection from a customer location within the City to a provider of local telephone service when for any reason a customer cannot use, or as demonstrated by the customer to the City's satisfaction the customer does not use for purposes of two-way voice telephony, that connection to reach the Emergency Communication Center. "Costs" means any costs incurred by the City to operate, repair or maintain the Emergency Communication Center, including but not limited to costs for personnel, planning, training, software and hardware maintenance and upgrades, facility maintenance and repair, depreciation, equipment replacement, technical infrastructure, and attorney's fees. "Costs" also includes any costs incurred by the City, including associated debt service expenses, associated with the installation, construction, acquisition or financing of any real or personal property that is part of Emergency Communication Center, or that houses any personnel or equipment necessary or useful to the operation of the Emergency Communication Center. 3 (rpp,9X8920 1 0 0 0 4- "Eligible Operating Costs" means the portion of Operating Costs attributable to the use of the Emergency Communication Center via Access Lines subject to the Fee and to the use of the Emergency Communication Centers from those who elect to be subject to the per- call Fee. Eligible Operating Costs shall not include costs attributable to use of the 911 Communications System via Access Lines that are exempted from the Fee by Section 3.39.050, or costs attributable to use of the Emergency Communication Center via communications services that are otherwise not subject to the Fee. "Eligible Project Costs" means the portion of Project Costs reflecting the benefit estimated to be provided by the project to Telephone Subscribers who are required to pay the fee imposed by the provisions of this Chapter on access lines and Trunk Lines subject to the fee. Eligible Project Costs shall not include Exempt Project Costs. "Emergency Communications Center" means a communications facility that is assigned the responsibility to receive 911 calls and other emergency response calls originating in a given area and, as appropriate, to dispatch public safety services or to extend, transfer, or relay 911 calls or other emergency response calls to appropriate public safety agencies. Within the meaning of this Chapter, and without limitation, Emergency Communications Center shall mean the city of Palm Springs emergency communications center or such other emergency communications center designated by the City to receive and dispatch 911 calls and other emergency response calls, including but limited to emergency communications center operated by a joint powers authority to which the City is a member. "Emergency Communication System" means an enhanced emergency telephone service which automatically connects a person dialing the digits 911 to an answering point established within the city and shall incorporate all aspects of the call delivery system, the call processing system, and the call dispatch system, including, but not limited to, selective routing, automatic number identification (AN]), automatic location and identification (ALI), computer aided dispatching systems (CAD), automatic vehicle Iocater systems (AVL), and wireless 911. References herein to the Emergency Communication System shall, for the purposes of this Chapter, include calls originating to emergency lines within the emergency communications center, including all aspects of the call delivery system, call processing system and call dispatch system relating to such calls. "Exempt Project Costs" means the portion of Project Costs reflecting the benefits estimated to be provided by the project to Telephone Subscribers who are exempted from the fee by Section 3,39.050 of this Chapter or are otherwise not required to pay any fee imposed by the provisions of this Chapter. "Fee" means the Emergency Response Fee imposed under the provisions of this Chapter and includes the per-month Fee and the per-call Fee. "Finance Director" means the Finance Director of the City or such other officer or employee designated by the City Manager of the City. 4 58b92o i rt "Home Service Provider" has the meaning set forth in Section 124(5) of Title 4 of the United States Code. "Lifeline Service" means discounted telephone service available to eligible low- income residential customers. "Local Telephone Service" means access to a local telephone system, providing two-way telephonic quality communication with substantially all persons having telephone or radio telephone stations constituting a part of the local telephone system, whether or not the service uses transmission wires. "Local telephone service" shall also include any service (other than Mobile Telecommunication Service) provided via any technology that permits a person to access the Emergency Communication Center. This specifically includes, but is not limited to, Voice-Over-Internet Protocol services that currently exist or that may exist in the future. "Mobile Telecommunications Service" has the meaning set forth in Section 124(7) of Title 4 of the United States Code. "Operating Costs" means any costs to operate, repair or maintain the Emergency Communication System or backup Emergency Communication System, including but not limited to costs for personnel, planning, training, software and hardware maintenance and upgrades, facility maintenance and repair, depreciation equipment replacement, technical infrastructure, attorneys fees, and direct and indirect costs. "Place of Primary Use" has the meaning set forth in Section 124(8) of Title 4 of the United States Code. "Project Costs" means any costs of acquiring, refinancing and developing land an which to locate a Emergency Communication System facility or new backup Emergency Communication System facility, acquiring and installing computerized call delivery processing and dispatch equipment and software, and/or any other acquisition or construction necessary to house Emergency Communication System equipment and staff in a seismically safe and fireproof facility, including any debt service payments related thereto. "Service Location" means (i) with respect to an Access Line that is a mobile telephone or other device used to access Mobile Telecommunications Service, the Place of Primary Use of that Access Line, and (ii) with respect to any other Access Line, the premises of a Telephone Subscriber at which a working service point or primary station set provides the subscriber with basic exchange service. "Service Supplier" means (i) any person supplying Local Telephone Service, pursuant to authority granted by the California Public Utilities Commission, to any Telephone Subscriber at a Service Location within the City. Service Suppliers may include, without limitation, local exchange carriers, inter- exchange carriers, competitive access providers, cable television providers offering 5 1s99201 6®06 telecommunication services, and any other person offering direct connections between that person's premises and the premises of Telephone Subscribers and (ii) any Home Service Provider. "Telephone Corporation" shall have the same meaning as defined in Section 234 of the Public Utilities Code of the state of California or the most comparable successor definition. "Telephone Subscriber" means any person required to pay a fee imposed under the provisions of this Chapter. "Trunk Line" means a line between a Service Supplier's switching device and a private branch exchange, automatic call distributing system, or other similar device, at a Telephone Subscriber location. 3,39,030 Findings. (a) The Emergency Communication System provides immediate access to emergency services for Telephone Subscribers who wish to use the Emergency Communication System. Telephone Subscribers derive significant benefit from ongoing operation of the modernized integrated system, including without limitation emergency communications and dispatching operations for which the City is responsible. This improved Emergency Communication System has enhanced call delivery, call processing, and call dispatch and has provided for more speedy and reliable emergency services and response. Telephone subscribers will benefit from maintaining and upgrading the improved Emergency Communication System so it continues to operate at a state of the art level beyond the minimum standards which the State encourages local governments to provide and Telephone Subscribers will further benefit from maintaining the backup Emergency Communication System that can be immediately available and operational in the event of a failure at the Emergency Communications Center. A portion of the costs associated with operating, maintaining and upgrading the Emergency Communication System and facility and backup Emergency Communication System should be allocated among all Telephone Subscribers because Telephone Subscribers will receive this significant benefit. (b) Every Access Line can provide independent access to the Emergency Communication System and is normally used and controlled by the Telephone Subscriber with respect to that Access Line. Therefore, allocating costs, to Telephone Subscribers and among those Telephone Subscribers who do not choose to be charged on a per-call basis, on a per-line basis fairly distributes these costs according to the service Telephone Subscribers derive from use of an enhanced Emergency Communication System. (c) The concentration of a large number of Access Lines in a single location diminishes the likelihood that any given Access Line will be used to make a call to the 911 Communications System and reduces marginal benefit of improved access provided by each 6 © S GE'7BFy'O� additional Access Line. Therefore, it is appropriate to place a cap on the number of Access Lines per account per Service Location on which the Fee is charged- (d) Telephone Subscribers who maintain Trunk Lines are more likely to generate calls to the 911 Communications System because they have more telephone users and for that reason derive more benefit, in terms of use of emergency communication service, from each Access Line than other Telephone Subscribers and should pay a higher Fee to reflect that likely greater use of the 911 Communications System. Based on information from the California Public Utilities Commission and the Federal Communications Commission, the City Council finds that, on average, a Trunk Line generates from five to ten times more telephone traffic than does a single Access Line. 3.39.040 Imposition of Emergency Response Fee. (a) There is hereby imposed an Emergency Communication System Service Fee on every Telephone Subscriber who uses the Emergency Communication Center. (b) The amount of the Fee shall be established from time to time by Resolution of the City Council. The Fee shall be paid either(i) on an unlimited usage, per-line basis or (ii) on a per-call basis, by each Telephone Subscriber, who uses the Emergency Communication Center. The Resolution may provide that the Fee be adjusted annually in proportion with the Consumer Price Index: All Urban Consumers for All Items for the Los Angeles-Riverside-Orange County Standard Metropolitan Statistical Area as reported by the United States Bureau of Labor Statistics or any successor to that index. The Resolution shall not establish the Fee at a rate higher than that which, in the reasonable judgment of the City Council, is necessary to fund anticipated Eligible Costs. (c) If paid on a per-line basis, only one monthly payment of the Fee shall be required for any Access Line notwithstanding that services of more than one Service Supplier are used in furnishing Local Telephone Service on that Access Line. Trunk lines shall pay a Fee equal to three (3) Access Lines, unless it can be demonstrated that the Trunk Line serves fewer than three (3)Access Lines. (d) Revenues generated by the Fee shall be deposited in and accounted for as the Emergency Communications System Fund pursuant to Section 3.39.080 and shall be used exclusively to pay Eligible Costs- (e) The Fee is imposed on Telephone Subscribers and collected from them by Service Suppliers because Telephone Subscribers are most likely to be the persons who use an Access Line to use the Emergency Communication Center. If a Telephone Subscriber can demonstrate that the use of the Emergency Communication Center from his or her Access Line was neither made nor authorized by the Telephone Subscriber, he or she shall be entitled to a refund of the per-call Fee upon the filing of a claim pursuant to Section 3.39.130 of this Chapter. Telephone Subscribers may opt out of the per-month Fee as provided in Section 3.39.076 of this Chapter. 7 3.39.050 Exemptions. Because the City elects as a matter of policy to fund the services of the 911 Communications Systems to these uses from other revenues of the City and does not wish to exceed its legal authority, nothing in this Section shall be construed as imposing a Fee upon the Access Lines of: (1) A Lifeline Service customer of a Service Supplier; (2) A Telephone Corporation; , (3) Coin-operated telephones; (4) A nonprofit hospital which is exempt from federal income tax under Section 501(a) of the United States Code; (5) A nonprofit educational organization which is exempt from income tax under Section 501(a) of the United States Code; or (6) Any person when imposition of such fee upon that person would violate the Constitution of the United States, the Constitution of the state of California, or preemptive federal or state law. 3,39.060 Annual Report and Records. (a) No later than March 1 st of each year, the Finance Director shall estimate the percentage of Access Lines that were subject to payment of the Emergency Response Fee during the immediate prior fiscal year. This percentage shall be identified as the percentage of Project Costs and Operating Costs that are Eligible Project Costs and Eligible Operating Costs for the following fiscal year. The Finance Director's report shall also identify the adjusted amount of the Fee established pursuant to subsection (b) of Section 3.39.040 that will be applied in the following calendar year. (b) No later than March 1st in each odd numbered year, the Finance Director will evaluate information from industry sources, regulatory bodies and city experience to determine whether the fee rates for Trunk Lines continue to reasonably reflect the increased estimated access to the Emergency Communication System provided to Trunk Line subscribers relative to Access Line subscribers. (c) It shall be the duty of every Service Supplier required to collect and remit to the City any Fee imposed by this Chapter to keep and preserve, for a period of three (3) years, all records necessary to determine the amount of Fee that Service Supplier was obliged to collect and remit to the City. The Finance Director shall have the right to inspect such records at all reasonable times. The Finance Director may periodically require an audit and/or review of any Service Supplier's supporting records. 3.39.070 Collection of Fee — Per Line Basis. (a) The Service Supplier shall collect the Fee from each Telephone Subscriber at the same time as, and along with, the collection of charges made in accordance with the regular billing practices of the Service Supplier, but in no circumstances less frequently than monthly. If the amount paid by a Telephone Subscriber is less than the full amount of the charges for the service and the Fee which has accrued for the billing period, a proportionate share of both the charges for service and the fee shall be deemed to have been paid. However, where a Telephone Subscriber pays the full amount of the charges but notifies the Service Supplier of a refusal to pay the Fee, in which case the Service Supplier may be relieved of the duty to collect the Fee pursuant to Section 3.39.135 of this Chapter. (b) The Service Supplier shall, upon notification by the City, reduce, terminate or suspend any Fee as to any Telephone Subscriber commencing with the first full billing period applicable to such Telephone Subscriber which occurs after the effective date of such notice. (c) Service Suppliers shall hold fee revenues in trust for the City and shall remit revenues to the Finance Director pursuant to Section 3.39.100 of this Chapter. (d) The duty to collect the Fee from a Telephone Subscriber shall commence with the beginning of the first regular billing period applicable to that Telephone Subscriber which begins on or after May 1, 2008. Where a Telephone Subscriber is billed separately for distinct periods, the duty to collect shall arise separately for each billing period- (e) A Service Supplier, at its option, may assess upon Telephone Subscribers and retain for its own use, a service charge of up to one-eighth (1/8) of one percent (1 %) of Emergency Communication System Service Fees actually collected by the Service Supplier and remitted to the City provided that the Service Supplier informs the City in writing of its election to do so before the fee is first assessed. 3.39.075 Collection of Fee—Per Call Basis. (a) If a Telephone Subscriber elects to pay the Fee on a per-call basis as provided in Section 3.39.076, the City shall notify the affected Service Suppliers of the election and the City shall be responsible to collect the Fee from each Telephone Subscriber from and after the first full billing cycle commencing after the City provides that notice. (b) The Finance Director is authorized and directed to establish billing and collection systems necessary to implement this Section. (c) The Finance Director is authorized and directed to establish guidelines allowing the reduction or waiver of per-call charges on a case-by-case basis when the public policy interests of the City would be served. These per-call charge reductions or waivers will include, but need not be limited to, i) "good Samaritan" calls made to summon emergency assistance for persons at a location other than the caller's residence or business, such as 52a910 1 9 a U u calls reporting traffic accident or crime scene injuries, ii) multiple calls received for major emergency events such as major fires, iii)as provided in Subsection(e) of Section 3.39.040 of this Chapter, and iv)the per-call charge for the first call from an Access Line that has opted to pay on the per-;all basis. Upon receiving a second 911 call from such Access Line, the City Manager shall offer to waive the per-call charge if the Access Line subscriber agrees to enroll in the per month program. 3.39.076 Election to Pay Fee on Per-Call Basis. (a) Each Telephone Subscriber may elect to pay the Fee on a per-call basis as provided in this Section. (b) Each Telephone Subscriber may elect to pay the Fee on a per-call basis by notifying the Finance Director in writing on a form provided by the City no later than sixty (60) days after the first effective date of this Chapter. Notification by any other method shall not be effective, except as provided in Subsection(c) below. (c) Each Telephone Subscriber may elect to pay the Fee on a per-call basis by notifying the Finance Director in writing on a form provided by the City within thirty (30) days after changing Service Suppliers or obtaining a new Access Line, or between May 1st and May 15th of any year. Notification by any other method shall not be effective. (d) Each Telephone Subscriber may rescind an election to pay the Fee on a per-call basis at any time by notifying the Finance Director in writing on a form provided by the City, provided that any outstanding per-call Fees must be paid before the rescission is effective. (e) The Finance Director shall adopt the forms required by this Section. The forms shall include such information as may be deemed necessary by the City Attorney to facilitate lawful collection of Fees. The inforrnation required may include, at the Telephone Subscriber's option, credit card or other direct-billing information. (f) Service Suppliers shall notify Telephone Subscribers of their rights under this Section using information and procedures approved by the Finance Director. 3.39.080 Emergency communications emergency response fund. (a) The emergency communications emergency response fund is established to receive all monies collected pursuant to this Chapter, and any other monies transferred into the fund. (b) The fund shall be used only to pay for Eligible Costs, including without limitation: (1) For the payment of costs of acquiring, refinancing and developing land on which to locate a Emergency Communication System facility or new backup Emergency Communication System facility, acquiring and installing computerized call delivery processing and dispatch equipment and software, and/or any other acquisition or 10 !NhY�O 1 construction necessary to house Emergency Communication System equipment and staff in a seismically safe and fireproof facility or new backup facility, including any debt service payments related thereto; (2) For the payment of operating, repair and maintenance expenses for the Emergency Communication System and backup Emergency Communication System, including but not limited to costs for personnel, planning, training, software and hardware maintenance and upgrades, facility maintenance and repair, depreciation, equipment replacement, technical infrastructure, attorneys fees and direct and indirect overhead costs. (c) Expenditures from the fund shall be made upon the recommendation of the police chief and/or fire chief. Expenditures and encumbrances from this fund shall be subject to the budget and fiscal provisions of the city. 3.39.090 Liability for fee. (a) Any fee required to be paid by a Telephone Subscriber under the provisions of this Chapter shall be deemed a debt owed by the Telephone Subscriber to the city until it has been paid to the city, except that payment to a Service Supplier is sufficient to relieve the subscriber from further liability for the fee and except as provided in Subsection (e) of Section 3.39.040 of this Chapter. (b) Any fee required to be collected under the provisions of this Chapter on a per-line basis shall be deemed a debt owed to the city of Palm Springs by the Service Supplier required to collect and remit such fee. (c) Nothing in this section shall impose any duty on a Service Supplier to take any legal action to enforce the collection of the Fee. However, whenever a Service Supplier remits Fee proceeds to the City, the Service Supplier shall also provide the city with the name and address of any Telephone Subscriber who has failed to pay the Fee for a period of four or more billing periods and shall state the amount of such fee remaining unpaid. The Finance Director shall assume the responsibility to collect the amounts due for the stated periods, in which case the Finance Director shall notify the Telephone Subscriber that the Finance Director has assumed the responsibility to collect the Fee for the stated periods and may demand payment from the Telephone Subscriber. (d) Any person owing money to the city under the provisions of this Chapter shall be liable in an action brought in the name of the city for the recovery of such amount. 3.39.100 Registration, reporting and remitting. (a) Each Service Supplier providing local telephone service to Telephone Subscribers within the city to which this fee applies shall register with the Finance Director upon a form prescribed by the Finance Director and shall set forth the name 11 588920 1 under which the Service Supplier transacts or intends to transact business, and such other information as the Finance Director may require, including but not limited to information regarding the number Access Lines and Trunk Lines serving an area as a basis for calculation of the fee. The Service Supplier shall update such forms on a yearly basis with any changes as may be applicable- (b) Each Service Supplier shall, on or before the last working day of each month, make a return to the Finance Director, on forms provided by the Finance Director, stating the amount of fees collected by the Service Supplier during the preceding month. (For example, the amounts collected during September, 2004 will be due to the city no later than October 29, 2004). At the time the return is filed, the full amount of the fee collected shall be remitted to the Finance Director. Payments shall be made payable to the city of Palm Springs. The Finance Director may require further readily attainable information in the return. Returns and remittances are due immediately upon cessation of business for any reason. 3,39,110 Interest and penalties. (a) Fees required to be collected from a Telephone Subscriber which are not remitted to the Finance Director on or before the due date provided in this Chapter are delinquent. (b) Service Suppliers. Interest and penalties for delinquency In remittance of any fee not remitted shall be assessed as follows: (1) Any Service Supplier who fails to remit any fee imposed by this Chapter by the last working day of the month following the month being reported shall pay a penalty of ten percent of the amount of the fee. (2) If the Finance Director determines that the nonpayment of any remittance due hereunder is due to fraud, a penalty of one hundred percent (100%) of the amount of the fee shall be added thereto in addition to the penalty stated in subdivision (1) of this subsection. (3) In addition to the penalties imposed in this subsection, any Service Supplier who fails to remit any fee imposed by this Chapter, shall pay interest on the amount of the fee, exclusive of penalties, from the date on which the remittance first became delinquent until paid. Interest shall be paid at the rate of one percent (1%) per month, or fraction thereof. (c) Telephone Subscribers. Failure by a Telephone Subscriber to pay any fee herein imposed shall result in the following interest and penalties on the Telephone Subscriber: (1) Any Telephone Subscriber who fails to pay any fee imposed by this Chapter within one hundred twenty (120) days of the date of the receipt of notice of the 12 588920 I 0 0 J- amount of fee due from the Service Supplier shall pay a penalty of ten percent of the amount of the fee. (2) Any Telephone Subscriber who fails to pay any delinquent remittance within one hundred eighty (180) days after the date of the receipt of notice of the amount of fee due from the Service Supplier shall pay a second delinquency penalty of ten percent of the amount of the fee in addition to the ten percent penalty first imposed. (3) In addition to the penalties imposed in this subsection, any Telephone Subscriber who fails to pay any fee imposed by this Chapter, shall pay interest on the amount of the fee, exclusive of penalties, from the date on which the fee first became delinquent until paid plus an additional collection charge for each delinquent account in an amount to be determined by rules and regulations of the Finance Director. The Finance Director shall establish collection charges which reimburse the costs incurred by the city for collecting delinquent fees. Interest shall be paid at the rate of one percent (1%) per month, or fraction thereof. (4) The penalties, interest and collection charges imposed in this subsection shall not be collected by the Service Supplier, but shall be determined and collected by the city as set forth hereinafter- (5) Following nonpayment of the fee by any Telephone Subscriber, the Finance Director may proceed against the Telephone Subscriber pursuant to Section 3.39.140. In such case, the Telephone Subscriber shall be required to remit the payment and penalties assessed thereon directly to the Finance Director pursuant to Section 3.39.140. (d) Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the fee herein required to be paid. (e) Any penalty imposed on the Service Supplier or Telephone Subscriber pursuant to this Section may, in the sole discretion of the Finance Director, be waived by the Finance Director upon a showing of good cause for such waiver. 3.39.120 Failure to collect and report fee—Determination of fee by Finance Director. If any Service Supplier shall fail or refuse to collect any fee imposed by this Chapter and to make, within the time provided in this Chapter, any report and remittance of said fee or any portion thereof required by this Chapter, the Finance Director shall proceed in such manner as the Finance Director deems best to obtain facts and information on which to base an estimate of the fee due. As soon as the Finance Director is able to procure facts and information upon which to base the assessment of any fee imposed by this Chapter and payable by any Service Supplier who has failed or refused to collect the same and to make such report and remittance, the Finance Director shall proceed to determine and assess against such Service 13 588910.1 6 Supplier the fee, interest and penalties provided by this Chapter. In case such determination is made, the Finance Director shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the Service Supplier at its last known place of business_ The Service Supplier may within ten (10) days after the serving or mailing of such notice make application in writing to the Finance Director for a hearing on the amount assessed. If application by the Service Supplier for a hearing is not made within the time prescribed, the fee, interest and penalties, if any, determined by the Finance Director shall become final and conclusive and immediately due and payable. If such application is made, the Finance Director shall give not less than five (5) days' written notice in the manner prescribed herein to the Service Supplier to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such fee, interest and penalties. At the hearing, the Service Supplier may appear and offer evidence why the specified fee, interest and penalties should not be so fixed. After the hearing, the Finance Director shall determine the proper fee to be remitted and shall thereafter give written notice to the Service Supplier in the manner prescribed herein of the determination and the amount of the fee, interest and penalties. The amount determined to be due shall be payable within fifteen (15) days. The decision of the Finance Director shall be final. 3.39.130 Refunds. (a) A Service Supplier may claim a refund or claim a credit against fees to be collected and remitted of the amount overpaid or paid more than once, or erroneously or illegally collected or received by filing a claim in accordance with Chapter 3.16 of the Palm Springs Municipal Code; provided, however, that neither a refund or a credit shall be allowed unless the amount of the fee so collected has either been refunded to the person entitled thereto or credited to the charges subsequently payable by such person to the Service Supplier. (b) A Telephone Subscriber may obtain a refund of fees overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in accordance with Chapter 3.16 of the Palm Springs Municipal Code, but only when the fee was paid by the Telephone Subscriber directly to the Finance Director, or when the Telephone Subscriber, having paid the fee to the Service Supplier, establishes to the satisfaction of the Finance Director that the Telephone Subscriber has been unable to obtain a refund from the Service Supplier who collected the fee. The city shall be solely responsible for administering refund claims arising out of the fact that the Telephone Subscriber, pursuant to Section 3.39.040(b), has paid in excess of ten thousand dollars in Emergency Response Fees during a single calendar year. 3.39.135 Failure to Ray Fee. (a) The Finance Director may assess a Telephone Subscriber for Fees owed by the Telephone Subscriber but not paid to the Service Supplier or to the City. 14 580201 (b) Whenever the Finance Director determines that a Telephone Subscriber has deliberately withheld the amount of the Fee owed from the amounts remitted to a Service Supplier, or that a Telephone Subscriber has refused to pay the amount of Fee to a Service Supplier, or whenever the Finance Director otherwise deems it in the best interest of the City, he or she may relieve a Service Supplier of the obligation to collect Fees due from certain named Telephone Subscribers for specified billing periods. (c) Service Suppliers shall inform the City of amounts which Telephone Subscribers have failed to pay, along with the names, service and mailing addresses, such other information as the Finance Director may request that is reasonably necessary to identify such Telephone Subscribers, and any reasons of the Telephone Subscribers refusing to pay the Fee imposed under this Section of which the Service Supplier has knowledge. Whenever a Telephone Subscriber has failed to pay Fee for two or more consecutive billing periods, the Finance Director may relieve the Service Supplier of the obligation to collect Fees due pursuant to Subsection (b)of this Section. (d) The Finance Director shall notify the Telephone Subscriber that he or she has assumed responsibility to collect the Fees due for stated periods and shall demand payment of such Fees from the Telephone Subscriber. The notice shall be served on the Telephone Subscriber by personal delivery or by deposit in the United States mail, postage prepaid, addressed to the Telephone Subscriber at the address to which billing was made by the Service Supplier or to his or her last address known to the Finance Director. If a Telephone Subscriber fails to remit the Fee to the Finance Director within fifteen (15)days from the date of the service of the notice,which shall be deemed to be the earlier of the second day after the date of mailing or the date of personal service, a penalty shall be imposed of twenty-five percent (25%) of the amount of the Fee set forth in the notice or five dollars ($5.00), whichever is greater. The penalty shall become payable as a required part of the Fee. 3.39.140 Failure to pay fee—Administrative remedy. Whenever the Finance Director determines that a Telephone Subscriber has deliberately withheld the amount of the fee owed by him for the amounts remitted to a Service Supplier or that a Telephone Subscriber has failed to pay the amount of the fee for a period of four or more billing periods, or whenever the Finance Director deems it in the best interest of the city, the director shall relieve the Service Supplier of the obligation to collect fees due under this Chapter from certain named service users for specified billing periods. The Finance Director shall notify the Telephone Subscriber that the Finance Director has assumed responsibility to collect the fees due for the stated periods and demand payment of such fees. The notice shall be served on the Telephone Subscriber personally or by United States mail, postage prepaid thereon, addressed to the Telephone Subscriber at the address to which billing was made by the Service Supplier, or, should the Telephone Subscriber have changed address, to the subscriber's last known address. If a Telephone Subscriber fails to remit the fee to the Finance Director within fifteen (15) days from the date of the service of the notice, which shall be the date of mailing if service is not accomplished in person, a penalty of one hundred percent (100%) of the amount of the fee set forth in the notice, but not less 15 sasvao i than five dollars ($5.00), shall be imposed. The penalty shall become a part of the fee herein required to be paid. Such penalty shall be in addition to any other penalty imposed by this Chapter. 3.39.150 Administrative agreements. The Finance Director may make administrative agreements with Service Suppliers to vary the strict requirements of this Chapter so that collection of any fee imposed herein may be made in conformance with the billing procedures of a particular Service Supplier so long as the overall result of said agreements results in collection of the fee in conformance with the general purpose and scope of this Chapter. A copy of each agreement shall be on file and available for public examination in the Finance Director's office. 3.39.160 California Public Utilities Commission jurisdiction. Nothing contained in this Chapter is intended to conflict with applicable rules, regulations and tariffs of any Service Supplier subject to the jurisdiction of the California Public Utilities Commission. In the event of any conflict, the provisions of those rules, regulations and tariffs shall control. SECTION 2. If any Section, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining Sections, sentences, clauses, phrases, or portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each Section, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more Sections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable. Portions of this Ordinance were originally adopted in 2004 as Ordinance No. 1659 and nothing herein should be construed as repealing or vacating such Ordinance except to the extent the provisions thereof have been amended as provided in this Ordinance. SECTION 3. The City Council further finds that the establishment of fees pursuant to this Ordinance is solely for the purpose of maintaining public services within existing service areas and is therefore exempt from environmental review under Public Resources Code Section 21080(b)(8) of the California Environmental Quality Act ("CEQA") and Section 15273 of Title 14 of the California Code of Regulations (the "State CEQA Guidelines"). Those Sections provide an exemption for the establishment or modification of charges by public agencies which the public agency finds are solely for the purpose of maintaining public services within existing service areas and that is the case here. In addition, because the establishment or modification of fees pursuant to this Ordinance comprises only minor changes to an existing set of fees and regulations and do not directly or indirectly result in physical impacts, it can be foreseen with certainty that no potential environmental impacts would result from its adoption. Therefore, this action is covered by the general rule pursuant to Section 15061(b)(3) of the State CEQA Guidelines that, where it can be seen with certainty that there is no possibility that the activity in question may 16 5SS940 1 have a significant effect on the environment,the activity is not subject to CEOA. CEOA applies only to projects that have the potential for causing a significant effect on the environment. SECTION 4. 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 2008. AYES: NOES: ABSTAIN: ABSENT: STEPHEN P. POUGNET, MAYOR ATTEST: APPROVED AS TO FORM James Thompson, City Clerk Douglas Holland, City Attorney 17 589910.1 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION ` i OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: September 3, 2008 Subject: Ordinance Nos. 1744 & 1747 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that summary Ordinance Nos. 1744 & 1747, adopted by the City Council on September 3, 2008, was published in the Desert Sun on September 13, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that the summary and a copy of Ordinance No. 1744 & 1747 was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on September 5, 2008. 1 eclare under penalty of perjury that the foregoing is true and correct. Dolores Strick tein, Secretary 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.I am the principal clerk 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 3191 Act Palm Sprin9s Superior Court of the County of Riverside,Stale of SUMMARY pF ORCINANCE NO.1747 California under the date of March 24,1988.Case AN ORDINANCE OF THE CITY OF PALM Number 191736;that the t101'iCC,Of which the AND RESTATING CHAPTER AMENDING annexed is a printed copy(set in type not smaller THE ELA PALM S Tp NGS EMEICIPALRGENCY FEE, than non pariel,has been published in each regular SPONSE FEE THE AND EMER and entire issue of said newspaper and not in any GENCY RESPONSE FEE. supplement thereof on the following dates to wit; C/ly Anorn i Sume"87q Pp g aa39 Ofrdtheance Cllys Municipal Codesmialing maple adminlstralion of the City's emergency response September 13d1,2008 - ter In conjunction with Mo gfy.,s eme.rAcncry re- sponse fee Ordinance This Ordinance adoppts M• ........----...—.......—...........--------------- ws)ons to the eaha �v Ordinance to pointy Iflel the tee is a charge the will bo levied only on these who use the emergency response sernces of the All In the year 2008 James Thompson,City Clerk or the City of Palm �prynpe,California,hereby caddy that tnp forgoing ordinance was duly Introduced at an adjourned regular meetingg of the City Council on the 30th I certify(or declare)under penalty of perjury that the day of July 2008,and duty adopted al a regpular meeting o1 the Ciry Council on the 3rd day of$pp. foregoing is true and Correct. temper,2008,by Ipp following vote: AYES: Councilmembare Hutchoson mills Dated at Palm Springs,California this—17",—day Weigel--Mayor Pro Tam Fast, end _Meyorbodpnol.-—-_ '- NOES. - -Nona ABSENT. None of--------- Septembe ----------,2008 ABSTAIN_None_ JAMES THOMPSON,Cdy,Clerk Publishod:9H3Po9 Cr ` rr natur oC �J == J m � r jU 0 cV City of Palm Springs SUMMARY OF ORDINANCE NO. 1747 AN ORDINANCE, OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 3.39 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE EMERGENCY RESPONSE FEE ORDINANCE AND EMERGENCY RESPONSE FEE. City Attomey's Summary This Ordinance amends and restates Chapter 3.39 of the City's Municipal Code relating to the administration of the City's emergency response fee in conjunction with the City's emergency response fee ordinance. This Ordinance adopts revisions to the existing Ordinance to clarify that the fee is a charge that will be levied only on these who use the emergency response services of the City. I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that the forgoing ordinance was duly introduced at an adjourned regular meeting of the City Council on the 30th day of July, 2008, and duly adopted at a regular meeting of the City Council on the 3rd day of September, 2008, by the following vote,- AYES: Councilmembers Hutcheson, Mills, Weigel, Mayor Pro Tern Foat, and Mayor Pougnet NOES: None ABSENT: None ABSTAIN: None ?JAM7S THOMPSON, City Clerk K%VSERS%C-CLKSKathieH\Ord Summary\Ord 1747-Summary.doc