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HomeMy WebLinkAboutCC RES 96-29• .Da-001 RESOLUTION NO. 96-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING MUNICIPAL RESOURCE CONSULTANTS (MRC) TO CONDUCT A COMPLIANCE AUDIT OF FRANCHISE FEES WITH THE CITY'S FRANCHISE FEE ORDINANCES RELATED TO UTILITY AND CABLE TELEVISION SERVICES. WHEREAS, the City derives substantial revenues from its franchise fees; WHEREAS, it is prudent and appropriate that the City perform a periodic audit of those persons or entities responsible for the collection and/or payment of franchise fees to the City; WHEREAS, in order to conduct a thorough and efficient audit, the City requires reasonable access to certain information, records, and data of those persons or entities responsible for the collection and/or payment of franchise fees to the City; WHEREAS, with respect to the City's auditing of gas, electric, water and CATV franchise fees, the City has retained the services of Municipal Resource Consultants and Donald H. Maynor (through MRC), hereinafter "Consultants"; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, hereby: 1. Institutes an audit proceeding of the City's gas, electric, water and CATV franchise fees. wherein the City Staff and Consultants shall periodically report to the City Council the findings of such audit activities. 2. Authorizes the Mayor of the City Council to issue subpoenas pursuant to Government Code §37104 et seq., requiring the subpoenaed party to provide certain information to the City • and/or its authorized representatives for purposes of conducting an audit of the City's gas, electric, water and CATV franchise fees. 3. Designates Consultants as authorized representatives of the City for purposes of conducting an audit of the City's gas, electric, water and CATV franchise fees, and for purposes of requesting audit information and information described in Public Utilities Code § 6354 (j), and for purposes of receiving such subpoenaed or requested information. • • City of Palm Desert...RESOLUTION NO. 26-29 Page 2 4. Authorizes the Mayor, City Manager, and/or Consultants, as required by the responding party, to execute non -disclosure agreements on behalf of the City in appropriate cases in which confidential or proprietary information is requested or subpoenaed, and such information is not subject to disclosure under the Public Records Act. PASSED APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ON THIS 9th DAY OF May , 1996 , BY THE FOLLOWING VOTE, TO WIT: AYES: BENSON, CRITES, KELLY, SPIEGEL, SNYDER NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF PALM DESERT, CALIFORNIA SHEILA R. GILLIGAN, CITY ' ERK CITY OF PALM DESERT, O IFORNIA In re: Audit of Electric, Gas and ) SUBPOENA CATV Franchise Fees ) For Production of Business Records (Govt Code §37104 et seq.) TO: CUSTODIAN OF RECORDS OF SOUTHERN CALIFORNIA EDISON FROM: CITY OF PALM DESERT 1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS described in Item 3 as follows: a. By. delivery of a true, legible, and durable electronic copy of the business records described in Item 3 to: MUNICIPAL RESOURCE CONSULTANTS, c/o Mr. James Thompson, 32107 W. Lindero Canyon Road, Suite 233, Westlake Village, CA 91361. 2. The records are to be produced by no later than 20 days after the issuance of the subpoena, or 15 days after service, whichever is later. Reasonable costs of copying and postage are recoverable from the City. The records shall be accompanied by an affidavit of the custodian or other qualified witness stating in substance each of the following: a. the affiant is the duly authorized custodian of records or other qualified witness and has authority to certify the records; b. the copy is a true copy of all the records described in the subpoena; and, c. if Edison has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and such records as are available. -1- 3. The records to be produced are as follows: a. The names and addresses of all nonresidential customers within the City that are deemed exempt from the City's franchise fees. b. The names, addresses and account numbers of all current Edison customers, by revenue class, within the City. The gross revenue amount billed to each of those accounts and the amount of the City's franchise fees collected for each account during the audit period. c. The addresses and account numbers of all accounts in adjacent or shared postal zip codes contiguous to the City's boundaries. Date Issued: " 73C �� , ATTEST: �C SHEILA R. GILLIGAN, COY CLERK CITY OF PALM DESERT, CALIFORNIA WALTER II. SNYDER, MAYOR CITY OF PALM DESERT, CALIFORNIA In re: Audit of Electric. Gas and ) CATV Franchise Fees ) SUBPOENA For Production of Business Records (Govt Code §37104 et seq.) TO: CUSTODIAN OF RECORDS OF SOUTHERN CALIFORNIA GAS COMPANY FROM: CITY OF PALM DESERT 1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS described in Item 3 as follows: a. By delivery of a true. legible. and durable electronic copy of the business records described in Item 3 to: MUNICIPAL RESOURCE CONSULTANTS, c/o Mr. James Thompson, 32107 W. Lindero Canyon Road, Suite 233. Westlake Village, CA 91361. 2. . The records are to be produced by no later than 20 days after the issuance of the subpoena. or 15 days after service, whichever is later. Reasonable costs of copying and postage are recoverable from the City. The records shall be accompanied by an affidavit of the custodian or other qualified witness stating in substance each of the following: a. the affiant is the duly authorized custodian of records or other qualified witness and has authority to certify the records; b. the copy is a true copy of all the records described in the subpoena; and, c. if SoCalGas has none of the records described. or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and such records as are available. -1- 3. The records to be produced are as follows: a. The names and addresses of all nonresidential customers within the City that are deemed exempt from the City's franchise fees. b. The names, addresses and account numbers of all current SoCalGas customers, by revenue class, within the City. The gross revenue amount billed to each of those accounts and the amount of the City's franchise fees collected for each account during the audit period. c. The addresses and account numbers of all accounts in adjacent or shared postal zip codes contiguous to the City's boundaries. Date Issued: ATTEST: r (K4 f SHEILA R. GILLIGAN, dITY CLERK CITY OF PALM DESERT, CALIFORNIA -2- WALTER H. SNYDER, MAY CITY OF PALM DESERT, CALIFORNIA In re: Audit of Electric. Gas and ) CATV Franchise Fees ) SUBPOENA For Production of Business Records (Govt Code §37104 et seq.) TO: CUSTODIAN OF RECORDS OF CONTINENTAL CABLEVISION FROM: CITY OF PALM DESERT 1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS described in Item 3 as follows: a. By delivery of a true, legible, and durable electronic copy of the business records described in Item 3 to: MUNICIPAL RESOURCE CONSULTANTS, c/o Mr. James Thompson, 32107 W. Lindero Canyon Road, Suite 233, Westlake Village, CA 91361. 2. The records are to he produced by no later than 20 days after the issuance of the subpoena. or 15 days after service, whichever is later. Reasonable costs of copying and postage are recoverable from the City. The records shall be accompanied by an affidavit of the custodian or other qualified witness stating in substance each of the following: a. the affiant is the duly authorized custodian of records or other qualified witness and has authority to certify the records; b. the copy is a true copy of all the records described in the subpoena; and. c. if Continental has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and such records as are available. -1- 3. The records to be produced are as follows: a. The names and addresses of all nonresidential customers within the City that are deemed exempt from the City's franchise fees. b. The names, addresses and account numbers of all current Continental customers, by revenue class, within the City. The gross revenue amount billed to each of those accounts and the amount of the City's franchise fees collected for each account during the audit period. c. The addresses and account numbers of all accounts in adjacent or shared postal zip codes contiguous to the City's boundaries. Date Issued�� ' J' / 7 7: WALTER H. SNYDER, MAYOR CITY OF PALM DESERT, CALIFORNIA ATTEST: (if: SHEILA R. GILLIGAN, CLTY CLERK CITY OF PALM DESERT, CALIFORNIA In re: Audit of Electric, Gas and ) CATV Franchise Fees ) SUBPOENA For Production of Business Records (Govt Code §37104 et seq.) TO: CUSTODIAN OF RECORDS OF TOTAL TV FROM: CITY OF PALM DESERT 1. YOU ARE ORDERED TO PRODUCE BUSINESS RECORDS described in Item 3 as follows: a. By• delivery of a true, legible, and durable electronic copy of the business records described in Item 3 to: MUNICIPAL RESOURCE CONSULTANTS, c/o Mr. James Thompson, 32107 W. Lindero Canyon Road, Suite 233, Westlake Village, CA 91361. 2. The records are to be produced by no later than 20 days after the issuance of the subpoena, or 15 days after service, whichever is later. Reasonable costs of copying and postage are recoverable from the City. The records shall be accompanied by an affidavit of the custodian or other qualified witness stating in substance each of the following: a. the affiant is the duly authorized custodian of records or other qualified witness and has authority to certify the records; b. the copy is a true copy of all the records described in the subpoena; and, c. if Total TV has none of the records described, or only part thereof; the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and such records as are available. -1- 3. The records to be produced are as follows: a. The names and addresses of all nonresidential customers within the City that are deemed exempt from the City's franchise fees. b. The names, addresses and account numbers of all current Total TV customers, by revenue class, within the City. The gross revenue amount billed to each of those accounts and the amount of the City's franchise fees collected for each account during the audit period. c. The addresses and account numbers of all accounts in adjacent or shared postal zip codes contiguous to the City's boundaries. Date Issued: `/. / 9 ATTEST: ,1a SHEILA R. GILLIGAN; ITY CLERK CITY OF PALM DESERT, CALIFORNIA -2- WALTER H. SNYDER, MAYOR CITY OF PALM DESERT, CALIFORNIA