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R11381ATTACHMENT F 1 City Council Meeting: October 26, 2021 Santa Monica, California RESOLUTION NUMBER 11381 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING CREDIT CARD AND DEBIT CARD CONVENIENCE FEES FOR UTILITY PAYMENTS WHEREAS, the City has previously authorized the use of credit cards and debit cards to pay for City services, administrative citations, utilities, parking citations, recreation activities, and other transactions (collectively, “Credit Card Payments”); and WHEREAS, there are certain transactional costs associated with Credit Card Payments; and WHEREAS, the transactional costs associated with Credit Card Payments vary depending on the vendor, payment amount, payment purpose, and other factors; and WHEREAS, pursuant to Government Code section 6159(h), the City may impose charges for the transactional costs associated with Credit Card Payments (“Convenience Fees”), provided that the Convenience Fees do not exceed the costs incurred by the City in providing for Credit Card Payments; and WHEREAS, on October 27, 2020, the City Council adopted Resolution No. 11301 (CCS) (“Resolution 11301”), which established certain Convenience Fees for Credit Card Payments; and DocuSign Envelope ID: 45B57319-493E-4151-8A88-1644F7AE1534 ATTACHMENT F 2 WHEREAS, Resolution 11301 provides that the City will absorb the transactional costs for electronic check payments to provide residents and customers with an alternative electronic payment method without incurring any Convenience Fees; and WHEREAS, Resolution 11301 provides for a per transaction fee for Credit Card Payments for administrative citations, utility payments, and parking citations; and WHEREAS, Resolution 11301 provides for a 2.95% convenience fee based on the amount of the transaction for Credit Card Payments for recreation activities, mobility/transportation demand, and all other non-parking-related payments; and WHEREAS, shifting the Convenience Fees for utility payments to a percentage based fee will allow the City to avoid potential future increased transactional costs; and WHEREAS, the City desires to align the Convenience Fees charged for utility payments with other payments for consistency, ease of administration, and uniform communications; and WHEREAS, the City will not retain any portion of the Convenience Fees; and WHEREAS, the Convenience Fees for transactions other than utility payments will remain the same as established by Resolution 11301; and WHEREAS, in accordance with Government Code section 66018, the City Council called a public hearing for October 26, 2021, for the purpose of receiving public comments to the proposed Convenience Fee for utility payments. Notice of the public hearing was given by publication in a newspaper of general circulation within the City once a week for two weeks commencing at least 10 days prior to the public hearing, with at least 5 days intervening between the first and last publication; and DocuSign Envelope ID: 45B57319-493E-4151-8A88-1644F7AE1534 ATTACHMENT F 3 WHEREAS, on October 26, 2021, at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed Convenience Fees for utility payments; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS: SECTION 1. The City Council called a public hearing on October 26, 2021 for the purpose of receiving public comments to the proposed Convenience Fees for utility payments. Notice of the public hearing was given by publication in a newspaper of general circulation within the City once a week for two weeks commencing at least 10 days prior to the public hearing, with at least 5 days intervening between the first and last publication. SECTION 2. Pursuant to Government Code section 6159(h)(1), the City Council approves Convenience Fees for Credit Card Payments as set forth below: Description Vendor Fee Unit Administrative Citations DataTicket $3.50 per transaction Parking Citations Conduent $1.00 per transaction Utilities Paymentus 2.95% percentage of the transaction Recreation Activities ActiveNet 2.95% percentage of the transaction Mobility/Transportation Demand CityGrows 2.95% percentage of the transaction All Other Non-Parking-Related Payments Paymentus 2.95% percentage of the transaction SECTION 3.The City Council finds and determines that the Convenience Fees outlined above do not exceed the actual transactional costs incurred by the City in providing for Credit Card Payments. DocuSign Envelope ID: 45B57319-493E-4151-8A88-1644F7AE1534 ATTACHMENT F 4 SECTION 4. The City Manager and Director of Finance are hereby authorized to take all actions necessary to implement and collect the Convenience Fees. SECTION 5. Resolution 11301 is repealed in its entirety. SECTION 6. If any section, subsection, clause or phrase in this resolution is for any reason held invalid, the validity of the remainder of this resolution shall not be affected thereby. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrase thereof be held invalid. SECTION 7.The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ JOSPEH P. LAWRENCE Interim City Attorney DocuSign Envelope ID: 45B57319-493E-4151-8A88-1644F7AE1534 Adopted and approved this 26th day of October 2021. __________________________ Sue Himmelrich, Mayor I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11381 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 26th day of October 2021, by the following vote: AYES: Councilmembers Brock, Davis, de la Torre, Negrete, Parra, Mayor Pro Tem McCowan, Mayor Himmelrich NOES: None ABSENT: None ATTEST: _____________________________________ Denise Anderson-Warren, City Clerk DocuSign Envelope ID: 45B57319-493E-4151-8A88-1644F7AE1534