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Ventura won't extend time to opt out of 911 fee
Council sticks to a two-week window in May
Ventura Councilman Neal Andrews, a critic of the city's controversial new 911 fee, did his best Monday night to give residents more time to apply for waivers from the monthly levy but was overturned by the council majority.
Andrews wanted to amend the city's fee ordinance to let residents avoid the $1.49 monthly charge and instead enroll to pay $17.88 per 911 call at any time of the year, rather than during a two-week period each May.
His motion, however, was rejected on a 4-3 vote, with council members Jim Monahan and Carl Morehouse supporting Andrews and Christy Weir, Bill Fulton, Ed Summers and Brian Brennan voting against it. The council ultimately voted 6-1, with Andrews dissenting, to give residents 14 days each year, May 1-15, to change their fee plans.
The council also agreed that new phone customers or those who add phone lines would be given 30 days, instead of the current 14, to avoid the monthly fee by enrolling in the per-call alternative.
The fee was back before the council for several technical changes to strengthen its constitutionality in case of a legal challenge.
Ventura is the first city in Southern California to impose a monthly fee on all cellular and land lines to pay for emergency dispatch services. The revenue will free money to hire more police and firefighters.
The deadline to apply for the per-call option was May 6, and more than 27,000 phone numbers — about a sixth of the estimated cellular and land lines eligible for the fee — are registered for the exemption, according to an unofficial tally. Residents should see the $1.49 fees beginning on their July phone bills.
Andrews was successful Monday in getting explicit language added to the ordinance so that the first 911 call by someone enrolled in the per-call alternative would be free.
City Attorney Ariel Calonne recommended against the language, saying it could "impair the defensibility" of the fee in court. Opponents have said they might challenge the fee in court once it is collected, because it amounts to a new tax that should have gone to voters. The city's opt-out alternative — believed to be the first of its kind in the state — largely was crafted to strengthen the fee against the type of lawsuits filed against other cities collecting similar 911 levies.
Calonne preferred that the free pass be created via a council directive to the staff, and City Manager Rick Cole told the council he would make sure it was carried out.
But Andrews didn't see any offense to adding an explicit provision to the ordinance and believed the council had a responsibility to residents to follow through on its promises for one free 911 call.
"I think we should be straightforward about these things," he said, adding the city should not intentionally be vague "just so we can dance for the courts."
Summers, Morehouse and Monahan agreed in a 4-3 vote to add the provision.
Exemptions also will be offered for those enrolled in the state's discounted Lifeline Service for low-income customers and to those reporting emergencies on behalf of someone else.




Posted by shaver_one on May 14, 2008 at 11:08 a.m. (Suggest removal)
If you're stuck with this new monthly tax, use 9-1-1 as much as possible. Make them earn the $1.49 per line per month.
And, please...someone take this to court.
Posted by numonics on May 14, 2008 at 11:22 a.m. (Suggest removal)
That's crazy, if people are not notified of this deadline they can't opt out. Once they find out about it they should be able to fight that and opt out. That will go to court for sure.
Posted by THX1138 on May 14, 2008 at 12:16 p.m. (Suggest removal)
I wonder if the council members that voted against a year round opt-out had any logical reason for their decision[?!]. One could conclude that they want to make it harder for residents to opt out. Are they working for us or against us...[?]
Posted by sparks240 on May 14, 2008 at 6:58 p.m. (Suggest removal)
Not a dime of this tax will ever go to the 911 system. The city will need the money to pay legal fees.
Posted by wolf9walker on May 14, 2008 at 10:51 p.m. (Suggest removal)
please. you watch. soon they (the council members) will give them selves a raise. if you don’t like the 911 fee. I guess we will have to vote those who were for the 911 tax. oh sorry.. I mean tax, no.. fee that’s it. that’s what I meant to say. sorry about that slip, council.
Posted by patticakepatti on May 16, 2008 at 6:05 a.m. (Suggest removal)
Interesting Ventura County Star, why haven't you printed this yet??? I would say it is newsworthy considering....not making any accusations, just saying....
Please take the time to read this...
http://www.agresso.com/usa/2466_news-...
"Ventura prides itself as a full-service city" They forgot to add "that charges its' citizen's for emergency services.
Another very interesting tidbit is, "which can aid in compliance and auditing efforts Ventura may pursue." Now just what is it that the city of Ventura plans on auditing????
Posted by THX1138 on May 18, 2008 at 11 p.m. (Suggest removal)
Looks like the city isn't waiting until July; some have already seen the charge on their May bill!
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