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
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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
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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.
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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.
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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
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Esther C. Beirne, City Clerk