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HomeMy WebLinkAboutCC Resolution 12647 (Establish Master Fee Schedule)RESOLUTION NO. 12647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING A NEW MASTER FEE SCHEDULE FOR SERVICES PROVIDED BY THE VARIOUS CITY DEPARTMENTS AND FOR LICENSING AND RESCINDING RESOLUTION NO. 12414. 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 special services; and, WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and WHEREAS, the City desires to establish a policy of recovering 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, it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne; and Page 1 of 5 WHEREAS, all requirements of California Government Code Sections 6062a, 66016 and 66018 and other applicable laws are hereby found to have been complied with; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Fee Schedule Adoption The following schedule of fees and charges, as shown in Table 1, Exhibits "A" through "K", are hereby directed to be computed by and applied by the various City departments, and to be collected by the City's Finance Department for the listed special services when provided by the City or its designated contractors. Table 1, Exhibit "J" identifies the approved fees for animal control services, which are not collected by the City but rather by the County of Marin Animal Services Agency, which provides such services pursuant to an Agreement between the City and the County of Marin. The City Manager, or his designee, has reviewed all fees identified in Table 1. Increases or decreases in fees reflect changes in salaries, benefits, and other costs related to the cost of providing the service including flat -based fees, deposits for service, and the calculation of fully burdened hourly rates for billable staff time. 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 Page 2 of 5 indicated on a per unit of measurement basis, the fee is for each identified unit or portion thereof within the indicated ranges of such units. Definitions and implementation procedures regarding the fees set forth herein shall be as stipulated in Chapter 3.34 of the San Rafael Municipal Code. Section 3. Basis of Charges The Council finds and determines that the charges 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 Charges The City Council may, on a case-by-case basis, grant a waiver of payment of all or a portion of the fees established by this resolution when it determines that it is in the public interest to do so. Section 6. Repealer Resolutions and other prior actions of the City Council in conflict with the contents of this Resolution, including Resolution No. 12414 are hereby repealed. Page 3 of 5 Section 7. Severability 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 thereof 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 when Ordinance No. 1873 amending Chapter 3.34 of the San Rafael Municipal Code becomes effective, and shall be subject to the terms and conditions of said amended Chapter 3.34, except for the fees and charges, identified as building and planning related services, 05.01 through 05.06 and 10.00 through 10.14 and 11.01 through 11.09 as defined in Table 1 attached hereto, which shall become effective July 1, 2009. Section 9. 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. Page 4 of 5 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 20th day of January, 2009, by the following vote, to wit: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Brockbank, Connolly, Miller & Vice -Mayor Heller None Mayor Boro Page 5 of 5 Esther C. Beirne, City Clerk