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. BEIRNE, City Clerk
Exhibit A Table 1, Section 3 (Police Services)
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