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HomeMy WebLinkAboutCC Resolution 13879 (Master Fee Schedule)RESOLUTION NO. 13879 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AMENDING THE MASTER FEE SCHEDULE FOR SERVICES RELATED TO MASSAGE ORDINANCE IMPLEMENTATION (P14-013) WHEREAS, the City of San Rafael has conducted an analysis of its services, the costs reasonably borne, the beneficiaries of those services and the revenues produced by those paying fees and charges for any special services; and WHEREAS, the City wishes to comply with both the letter and spirit of Article XI11B of the California Constitution and limit the growth of taxes; and WHEREAS, the City has a policy of recovering, except as provided in San Rafael Municipal Code Section 3.34.040, the full costs reasonably borne of providing special services of a voluntary and/or limited nature, such that general taxes are not diverted from general services of a broad nature, and thereby utilized to subsidize unfairly and inequitably such special services; and WHEREAS, Assembly Bill (AB) 1147, which is effective on January 1, 2015 changed the State laws governing the regulations of massage businesses. One of the provisions of AB 1147 allows cities and counties to collect their costs as part of registering massage establishments; and WHEREAS, the City Council of San Rafael recently adopted Ordinance 1927, which will become effective on January 16, 2015 and prescribes that certified massage establishments must now pay fees to cover the costs of processing the registration applications; and WHEREAS, it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budget and projected costs, reasonably borne; and WHEREAS, an amendment to the City's Master Fee Schedule was prepared and published and determined to be in compliance with all of the requirements of California Government Code and other applicable laws; and WHEREAS, on January 20, 2015, the City Council conducted a public hearing to consider the amendment to the City's Master Fee Schedule. Following public comment, the City Council voted to continue review and action on this amendment to the February 17, 2015 meeting, so that City staff could meet with the local massage business owners to address questions of and provide clarity on the proposed fees. 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Amendment to Fee Schedule The following fees and charges are hereby directed to be computed and applied by the various City departments and to be collected by the City's Finance Department. Increases or decreases in fees reflect changes in salaries, benefits, and other costs related to the cost of providing the service, including flat base fees, deposits for service and the calculation of fully burdened hourly rates (FBHR) for billable staff time. Amended Fee Section Service Description Charge 03.16. l 1 Operator Permit — Non Certified Massage Establishment $350 First Location — New Owner (Annual fee. Employee includes an independent $350 Each Additional Owner contractor hired by or renting/leasing space from the $350.00 Each Additional Location massage establishment owner.) Plus $25 Per Each Employee Registered $175 Renewal Per Location (assumes no changes in owner[s] or location at time of renewal) New Fees Section Service Description Charge 03.16.12 Massage Establishment - Certified With Employees $247.50 First Location — New Owner (Annual fee. Employee includes an independent $247.50 Each Additional Owner contractor hired by or renting/leasing space from the $247.50 Each Additional Location massage establishment owner.) Plus $25 Per Each Employee Registered $123.75 Renewal Per Location (assumes no changes in owner[s] or location at time of renewal) 03.16.13 Massage Establishment Certified — No Employees $62.50 First Location — New Owner [Sole Provider/Sole Proprietorship] $62.50 Each Additional Location (Annual fee. Applies to: a) a home-based business $62.50 Renewal Per Location location where the massage establishment owner provides on-site and/or outcall services; and b) a commercial -based location where the massage establishment owner rents/leases commercial space shared with another massage establishment owner — sole proprietorship, or another non -message establishment business.) Section 2. Separate Fee for Each Service All fees set by this resolution are for each identified service; additional fees shall be required for each additional service that is requested or required. Where fees are indicated on a per unit measurement basis, the fee is for each identified unit or portion thereof, within the indicated ranges of such units. Section 3. Basis of Charees The Council finds and determines that the charges for services imposed by this Resolution are necessary to cover the costs of providing the specified services and that such charges do not exceed the reasonable costs of providing said services. Section 4. Interpretations The City department directors, in consultation with the City Manager may interpret this Resolution. Should there be a conflict between two fees applicable to the same service, then the lower in dollar amount of the two shall be applied. Section 5. Waiver of Permit Fees and Charles The City Council may, on a case-by-case basis, grant a waiver of payment of all or portion of the fees established by this Resolution when it determines that it is in the public interest to do so. Section 6. Repeal Resolutions and other prior actions of the City Council in conflict with the contents of this Resolution are hereby repealed. Section 7. Severabilitv If any portion of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions and all other portions shall remain in full force and effect. The City Council declares that it would have adopted this Resolution and each section or portion therefore irrespective of the validity of any other section or portion. Section 8. Effective Date This Resolution, including the fees and charges provided herein, shall become effective immediately. Section 9. California Environmental Oualitv Act 3 The adoption of this Resolution, including the fees and charges provided herein, is statutorily exempt from the California Environmental Quality Act under public Resources Code Section 21080(b)(8), as the establishment and modification of charges by a public agency to meet operating expenses. I, Esther C. Beirne, City Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 17t" day of February 2015, by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. 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