ORDINANCE NO. 455U ORDINANCE NO. 455U AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CERTAIN PROVISIONS OF TITLE 3 OF THE RANCHO PALOS VERDES MUNICIPAL CODE TO CLARIFY THE PROCEDURES RELATING TO THE SUBMISSION OF CLAIMS AND THE PAYMENT OF CERTAIN TAXES. WHEREAS, the City Council of the City of Rancho Palos Verdes previously enacted certain provisions of the Rancho Palos Verdes Municipal Code to impose certain taxes on individuals or entities that do business within the City; and WHEREAS, in accordance with the provisions of Proposition 62, California Government Code Section 53720 et seq., and other requirements of State Law, certain of the taxes that were imposed by the City Council subsequently were submitted to, and approved by, the Cityís voters; and WHEREAS, it is necessary to update certain provisions of Title 3 of the Municipal Code to clarify the Code to reflect the Cityís existing practices and to address certain changes in procedures and technology; and WHEREAS, the modifications to Title 3 of the Municipal Code set forth herein are not intended in any manner either to increase any tax percentage or expand the base of any tax that is imposed by Title 3 of this Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITYOF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS: Section 1. Subsection A of Section 3.16.120 of Chapter 3.16 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: A. Whenever the amount of any tax, interest or penalty has been overpaid, or has been paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections B and C of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within one year of the date of payment. Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. Compliance with this section shall be a prerequisite to a suit thereon. The claim shall be on forms furnished by the tax administrator, shall be presented in accordance with the requirements of Section 3.24.030 of this Title 3, and shall clearly establish the claimantís right to the refund by written records demonstrating entitlement thereto. It is the intent of the city that the one year claim requirement of this subsection be given retroactive effect; provided, however, that any claims that arose prior to the enactment date of the one-year claims period set forth in the subsection, which are not otherwise barred by the then-applicable statute of limitations or claim procedure, must be filed with the tax administrator as provided in this title 3 within ninety days following the effective date of this amended subsection A. Section 2. Section 3.24.030 of Chapter 3.24 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: 3.24.030. Presenting and filing. All claims against the city for money or damages not otherwise governed by the Tort Claims Act, California Government Code Sections 900 et seq., or another state law (hereinafter referred to as "claims") shall be presented to the city within the time, and in the manner, prescribed by Part 3 of Division 3.6 of Title 1 of the California Government Code, (commencing with Section 900 thereof) for the claims to which that Part applies by its own terms, as those provisions now exist or shall hereafter be amended, and as further provided by this chapter. All claims shall be made in writing and shall be verified by the claimant or by his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified by every member of that class as required by this section. In addition, all claims shall contain the information required by California Government Code Section 910. In accordance with California Government Code Sections 935(b) and 945.6, all claims shall be presented as provided in this Chapter and acted upon by the City Council prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of this Chapter. Section 3. Section 3.24.040 of Chapter 3.24 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: Action against city. Any action brought against the city upon any claim or demand shall conform to the requirements of Sections 940 through 949 of the California Government Code. Any action brought against any employee of the city shall conform to the requirements of Sections 950 through 951 of the California Government Code. Section 4. Subsection I of Section 3.30.020 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: "Telephone communication services" means those services as defined in sections 4251 and 4252 of the Internal Revenue Code, and the regulations thereunder, and shall included any telephonic-quality communication for the purpose of transmitting messages or information [including, but not limited to, voice, both analog and digital-including the use of the Internet Protocol ("IP") or other similar means for digitization or packetization of telephonic quality communications for transmission via digital networks, in part or in whole), telegraph, teletypewriter, data, facsimile, video or text] by electronic, radio or similar means through "interconnected service" with the "public switched network" [as these terms are commonly used in the Federal Communications Act and the regulations of the Federal Communications Commission (see 47 U.S.C. Section 332(d))], whether such transmission occurs by wire, cable, cable modem or digital subscriber line ("DSL"), internet, fiber-optic, light wave, laser, microwave, radio wave [including, but not limited to, mobile telecommunications service, cellular service, commercial mobile service and commercial radio service (see 47 U.S.C. Section 332(d)(1) and Part 20.3 of Title 47 of the Code of Federal Regulations), personal communications service ("PCS"), specialized mobile radio ("SMR"), and other similar services, regardless of radio spectrum used], switching facilities, satellite or any other similar facilities. "Telephone communications services" shall not include "private mobile radio service" (as defined in Part 20.3 of Title 47 of the Code of Federal Regulations) or "private mobile service" (as defined in 47 U.S.C.A. Section 332(d)(3)) and any other service that is not interconnected to the public switched network. Section 5. Subsection B of Section 3.30.050 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: B. "Charges," as used in this section, shall include charges made for (1) metered energy; and (2) minimum charges for service, including customer charges, service charges, standby charges, charges for temporary services, demand charges, annual and monthly charges, and any other charges, fees and surcharges that are necessary to or common for the receipt, use or enjoyment of electric service; which are authorized or mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees or surcharges appear on a bundled or line item basis on the customer billing. Section 6. Subsection B of Section 3.30.070 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: B. "Charges," as used in this section, shall include charges made for (1) metered gas or mobile transport; (2) gas transportation charges, and (3) charges for service, including customer charges, service charges, minimum charges, demand charges, and annual and monthly charges, and any other charge which is authorized or mandated by the California Public Utilities Commission or the Federal Energy Regulatory Commission, whether or not such charges, fees or surcharges appear on a bundled or line item basis on the customer billing. Section 7. Subsection B of Section 3.30.080 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: B. "Charges," as used in this section, shall include charges made for (1) metered water; and (2) minimum charges for service, including customer service charges, ready to serve charges, standby charges, and annual and monthly charges, and any other charges, fees and surcharges that are necessary to or common for the receipt, use or enjoyment of water service, whether or not such charges, fees or surcharges appeal on a bundled or line item basis on the customer billing. Section 8. Section 3.30.100 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraph D thereto to read as follows: D. Any service user subject to the tax imposed by section 3.30.050 or section 3.30.070 of this chapter, which receives gas or electricity , including any related supplemental services, directly from a non-utility service supplier not under the jurisdiction of this chapter, or which, for any other reason, is not having the full tax collected and remitted by its service supplier, a non-utility service supplier, or its billing agent on the use of electricity or gas in the city, shall report said fact to the tax administrator and shall remit the tax due directly to the tax administrator within thirty days of such use. Section 9. Section 3.30.130 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new paragraphs G and H thereto to read as follows: G. The tax administrator, from time to time, may survey the providers of the various utility services, which are subject to the provisions of this chapter, to identify the various unbundled billing components of such service that that they commonly provide to residential and commercial customers in the city, and the charges therefor, including those items that are mandated by state or federal regulatory agencies as a condition of providing such service. Thereafter, the tax administrator may issue and disseminate to such service providers an administrative ruling identifying those components and items that are: (1) necessary for or common to the receipt, use or enjoyment of such service, or (2) currently, or historically have been, included in a single or bundled rate for such service by a provider to a class of retail customers. Charges for such components and items shall be subject to the tax that is imposed by this chapter 3.30. H. If one or more non-taxable items are bundled or billed together with one or more taxable items under a single charge on a customerís bill, the entire single charge shall be deemed taxable by the tax administrator unless, upon the written request of the customer, the service supplier can reasonably identify the non-taxable component of the single charge based upon one or more of the following methodologies, as selected by the tax administrator: (1) the average industry charges for the individual non-taxable items included in the entire single charge; (2) the amount of the entire single charge less the average industry charges for the individual taxable items included in the entire single charge, or (3) the service supplierís books and records that are kept in the regular course of business, which must be consistent with generally accepted accounting principles. Section 10. Subsection A of Section 3.30.150 of Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: A. Whenever the amount of any tax, interest or penalty has been overpaid, or has been paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsection B of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within one year of the date of payment. Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. Compliance with this section shall be a prerequisite to a suit thereon. The claim shall be on forms furnished by the tax administrator, shall be presented in accordance with the requirements of Section 3.24.030 of this Title 3, and shall clearly establish the claimantís right to the refund by written records demonstrating entitlement thereto. It is the intent of the city that the one year claim requirement of this subsection be given retroactive effect; provided, however, that any claims that arose prior to the enactment date of the one-year claims period set forth in the subsection, which are not otherwise barred by the then-applicable statute of limitations or claim procedure, must be filed with the tax administrator as provided in this title 3 within ninety days following the effective date of this amended subsection A. Section 11. Chapter 3.30 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended by renumbering Sections 3.30.160. 3.30.170 and 3.30.180, respectively, as Sections 3.30.170. 3.30.180 and 3.30.190 and adding new Section 3.30.160 thereto to read as follows: Appeal. Any person who is aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties, if any, or any other determination of the tax administrator made pursuant to section 3.30.130 may appeal to the city council by filing a notice of appeal with the city clerk within fifteen days of the serving or mailing of the tax administratorís determination. The city clerk shall fix a time and date for hearing such appeal and shall give notice in writing to the appellant in the manner prescribed in section 3.30.130 D for service of notice of hearing. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in section 3.30.130 D. Any amount found to be due shall be immediately due and payable upon the service of the notice. Section 12. Subsection A of Section 3.40.100 of Chapter 3.40 of Title 3 of the Rancho Palos Verdes Municipal Code is hereby amended to read as follows: A. Whenever the amount of any tax, interest or penalty has been overpaid, or has been paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections B and C of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within one year of the date of payment. Any action brought against the City pursuant to this section shall be subject to the provisions of Government Code Sections 945.6 and 946. Compliance with this section shall be a prerequisite to a suit thereon. The claim shall be on forms furnished by the tax administrator, shall be presented in accordance with the requirements of Section 3.24.030 of this Title 3, and shall clearly establish the claimantís right to the refund by written records demonstrating entitlement thereto. It is the intent of the city that the one year claim requirement of this subsection be given retroactive effect; provided, however, that any claims that arose prior to the enactment date of the one-year claims period set forth in the subsection, which are not otherwise barred by the then-applicable statute of limitations or claim procedure, must be filed with the tax administrator as provided in this title 3 within ninety days following the effective date of this amended subsection A. Section 13. The City Council finds that the amendments to Title 3 of the Municipal Code are substantially the same as previous provisions of the Rancho Palos Verdes Municipal Code or any other ordinance repealed, amended or superseded upon the enactment of this ordinance and that the amendments to Title 3 shall be construed as a restatement and continuation of the previous provisions. Section 14. The City Council declares that the provisions of this ordinance are severable. If, for any reason, any sentence, paragraph, or section of this ordinance is determined by a court of competent jurisdiction to be invalid, such determination will not affect the validity of the remaining provisions of this ordinance. PASSED, APPROVED and ADOPTED this 2nd day of March 2004. /s/ Peter C. Gardiner Mayor Attest: /s/ Jo Purcell City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Jo Purcell, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 403 passed first reading on February 17, 2004, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 2, 2004, and that the same was passed and adopted by the following roll call vote: AYES: Clark, Long, Stern, Wolowicz, and Mayor Gardiner NOES: None ABSENT: None ABSTAIN: None _________________________ City Clerk ORDINANCE NO. 403 ORDINANCE NO

ORDINANCE NO. 455U

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES AMENDING CHAPTER 13.12 OF TITLE 13 OF THE RANCHO PALOS VERDES MUNICIPAL CODE BY ADDING NEW SECTIONS 13.12.140 AND 13.12.150 RELATING TO A SUPPORT FEE FOR LOCAL CABLE USAGE AND SPECIAL PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES AND DECLARING THE URGENCY THEREOF.

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 13.12 of Title 13 (“Telecommunications Regulatory Ordinance”) of the Rancho Palos Verdes Municipal Code is amended by adding a new Section 13.12.140 to read as follows:

13.12.140 Fee for Support of Local Cable Usage

A fee paid to the City is hereby established for the support of public, educational, and governmental access facilities and activities within the City. Unless a higher percentage is authorized by applicable state or federal law, this fee shall be one percent (1%) of a Grantee’s gross annual cable service revenues, as that term is defined below in Section 13.12.400, or in the Grantee’s franchise agreement, or in applicable provisions of state or federal law. This fee is also applicable to a state video franchise holder operating within the City, which shall pay to the City one percent (1%) of its gross revenues, as defined in California Public Utilities Code Section 5860.

Section 2. Chapter 13.12 of Title 13 (“Telecommunications Regulatory Ordinance”) of the Rancho Palos Verdes Municipal Code is amended by adding a new Section 13.12.150 to read as follows:

13.12.150 Special Provisions Applicable to Holders of State Video Franchises

A. Franchise Fee. A state video franchise holder operating in the City shall pay to the City a franchise fee that is equal to five percent (5%) of the gross revenues of that state video franchise holder. The term “gross revenues” shall be defined as set forth in Public Utilities Code Section 5860.

B. Audit Authority. Not more than once annually, the City may examine and perform an audit of the business records of a holder of a state video franchise to ensure compliance with all applicable statutes and regulations related to the computation and payment of franchise fees.

C. Customer Service Penalties Under State Video Franchises.

1. The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.

2. The City shall monitor a state video franchise holder’s compliance with state and federal customer service and protection standards. The City will provide to the state video franchise holder written notice of any material breaches of applicable customer service and protection standards, and will allow the state video franchise holder 30 days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following monetary penalties to be imposed by the City in accordance with state law:

a. For the first occurrence of a violation, a monetary penalty of $500 shall be imposed for each day the violation remains in effect, not to exceed $1500 for each violation.

b. For a second violation of the same nature within 12 months, a monetary penalty of $1000 shall be imposed for each day the violation remains in effect, not to exceed $3000 for each violation.

c. For a third or further violation of the same nature within 12 months, a monetary penalty of $2500 shall be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.

3. A state video franchise holder may appeal a monetary penalty assessed by the City within 60 days. After relevant evidence and testimony is received, and staff reports are submitted, the City Council will vote to either uphold or vacate the monetary penalty. The City Council’s decision on the imposition of a monetary penalty shall be final.

D. City Response to State Video Franchise Applications.

1. Applicants for state video franchises within the boundaries of the City must concurrently provide to the City complete copies of any application or amendments to applications filed with the California Public Utilities Commission. One complete copy must be provided to the City Clerk.

2. The City will provide any appropriate comments to the California Public Utilities Commission regarding an application or an amendment to an application for a state video franchise.

E. PEG Channel Capacity. A state video franchise holder that uses the public rights-of-way shall designate sufficient capacity on its network to enable the carriage of at least three public, educational, or governmental (PEG) access channels.

1. PEG access channels shall be for the exclusive use of the City or its designees to provide public, educational, or governmental programming.

2. Advertising, underwriting, or sponsorship recognition may be carried on the PEG access channels for the purpose of funding PEG-related activities.

3. The PEG access channels shall be carried on the basic service tier.

4. To the extent feasible, the PEG access channels shall not be separated numerically from other channels carried on the basic service tier, and the channel numbers for the PEG access channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law.

5. After the initial designation of PEG access channel numbers, the channel numbers shall not be changed without the prior written consent of the City, unless the change is required by federal law.

6. Each PEG access channel shall be capable of carrying a National Television System Committee (NTSC) television signal.

F. Interconnection. Where technically feasible, a state video franchise holder and an incumbent cable operator shall negotiate in good faith to interconnect their networks for the purpose of providing PEG access channel programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. State video franchise holders and incumbent cable operators shall provide interconnection of the PEG access channels on reasonable terms and conditions and may not withhold the interconnection. If a state video franchise holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City may require the incumbent cable operator to allow the state video franchise holder to interconnect its network with the incumbent’s network at a technically feasible point on the holder’s network as identified by the holder. If no technically-feasible point for interconnection is available, the state video franchise holder shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the state video franchise holder requesting the interconnection unless otherwise agreed to by the parties.

G. Emergency Alert System and Emergency Overrides. A state video franchise holder must comply with the Emergency Alert System requirements of the Federal Communications Commission in order that emergency messages may be distributed over the holder’s network. Provisions in City-issued franchises authorizing the City to provide local emergency notifications shall remain in effect, and shall apply to all state video franchise holders in the City for the duration of the City-issued franchise, or until the term of the franchise would have expired had it not been terminated pursuant to subdivision (m) of Section 5840 of the California Public Utilities Code, or until January 1, 2009, whichever is later.

Section 3. Urgency Findings. The Digital Infrastructure and Video Competition Act of 2006 (Act), became effective on January 1, 2007. The California Public Utilities Commission has adopted processing regulations and began accepting applications for State Video Franchises on March 2, 2007. On March 5, 2007, the City received notification that Verizon submitted an application for a State Video Franchise. The City received notification on March 7, 2007 that AT&T has also filed an application for a State Video Franchise. The California Public Utilities Commission PUC has up to 30 days to review the application for completeness and an additional 14 days to make a decision on the application, resulting in a maximum 44 day processing period. It is therefore in the City’s best interest to revise Chapter 13.12 of the Municipal Code to be consistent with the Digital Infrastructure and Video Competition Act of 2006 before any new State Video Franchises are established within the City’s boundaries. Based on the foregoing, the City Council hereby finds that this ordinance is necessary for the immediate preservation of the public health, safety and welfare, hereby declares the facts constituting the urgency, and passes this ordinance by at least a four-fifths vote of the City Council. Accordingly, this measure is adopted immediately upon introduction pursuant to Government Code Section 36934 and shall take effect immediately pursuant to Government Code Section 36937(b).

Section 4. The City Clerk shall cause this Ordinance to be posted in three (3) public places in the City within fifteen (15) days after its passage, in accordance with the provisions of Section 36933 of the Government Code. The City Clerk shall further certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting, to be entered in the Book of Ordinances of the Council of this City.

Section 5. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the first (1st) day after its passage.

PASSED, APPROVED, AND ADOPTED this 20th day of March 2007.

/s/ Thomas D. Long

Mayor

Attest:

/s/ Carolynn Petru

City Clerk

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES )ss

CITY OF RANCHO PALOS VERDES )

I, Carolynn Petru, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 455U was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 20, 2007, and that the same was passed and adopted by the following roll call vote:

AYES: Clark, Gardiner, Stern, Wolowicz, and Mayor Long

NOES: None

ABSENT: None

ABSTAIN: None

_________________________

City Clerk