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HomeMy WebLinkAbout4.8 - 2095 City Ordinance Update - MSF Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: July 17, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Ordinance Amending Dublin Municipal Code Sections 4.04 and 5.24 Prepared by: Jay Baksa, Financial Analyst EXECUTIVE SUMMARY: On June 19, 2018, the City Council adopted a new Master Fee Schedule, which included conducting a public hearing and waiving the reading and introducing an Ordinance amending Dublin Municipal Code Section 4.04 - Business Registration and 5.24 - Fireworks Relating to Fees-For-Service. The City Council is now being asked to waive the second reading and adopt the Ordinance. STAFF RECOMMENDATION: Waive the second reading and adopt an Ordinance of the City of Dublin Amending Dublin Municipal Code Section 4.04 - Business Registration and 5.24 - Fireworks Relating to Fees-For Service. FINANCIAL IMPACT: The financial estimated impact of the new Master Fee Schedule, which includes all proposed fees, is the addition of $163,918 in revenue. DESCRIPTION: On June 19, 2018, the City Council adopted a Resolution Adopting a Master Fee Schedule for Services Provided by the City, and waived the reading and introduced an Ordinance amending Dublin Municipal Code Section 4.04 - Business Registration and 5.24 - Fireworks Relating to Fees-For-Service. Adopting the Resolution allowed the City to implement all fees not currently codified within the City's Municipal Code, with all non-development-related fees becoming effective July 1, 2018 and all development fees becoming effective for work performed beginning September 1, 2018. No additional action is required by the City Council for the implementation of these fees. Page 2 of 2 Updating the City's Municipal Code is necessary to update fees that are codifi ed within the Municipal Code. To update those fees the City Council waived the reading and introduced an ordinance amendment, which requires a second reading. The City Council is now being asked to waive the second reading and adopt the Ordinance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Ordinance of the City of Dublin Amending Dublin Municipal Code Sections 4.04 – Business Registration and 5.24 – Fireworks Relating to Fees-For-Service ATTACHMENT 1 ORDINANCE NO. __ - 18 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING DUBLIN MUNICIPAL CODE SECTIONS 4.04 – BUSINESS REGISTRATION AND 5.24 – FIREWORKS RELATING TO FEES-FOR-SERVICE WHEREAS, California local governments may charge fees for a number of services that they provide. These fee amounts may not exceed a reasonable estimate of the cost of providing the services; and WHEREAS the City retained the services of MGT Consulting Group (“MGT”) to assist with a comprehensive update of the fees-for-service for administrative services, fire, police, building, planning, housing and public works: engineering and environmental services. Working with City staff, MGT calculated the full cost associated with providing those services, which includes both indirect and direct costs of labor and materials; and WHEREAS, once the costs of providing services had been determined, City staff and MGT were able to update fees to reflect the total recoverable amount that reflects the estimated reasonable cost of providing each service. The methodology for developing all fees is provided in a Cost Recovery Study, dated May 2018 (the “Report”). The Report is on file with the City Clerk; and WHEREAS, some of the fees in need of an update are codified in the Municipal Code; and WHEREAS, in an effort to increase efficiency, the City wishes to amend its Municipal Code to allow these fees to be updated by City Council resolution. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1: The following sections of Dublin Municipal Code are amended as follows: A. Section 4.04.250 of the Dublin Municipal Code is amended to read in its entirety as follows: 4.04.250 Business Registration Fee The business registration fees, which are found to be commensurate with the cost of issuance of the license , shall be as fixed by the City Council by resolution. B. Section 4.04.260 of the Dublin Municipal Code hereby deleted. C. Section 4.04.280 of the Dublin Municipal Code is amended to read in its entirety as follows: 4.04.280 Transferability—Change of ownership or location ATTACHMENT 1 No license issued pursuant to this chapter shall be transferable; provided, that where a license is issued authorizing a person to transact and carry on a business at a particular place, such licensee may, upon application therefor, have the license amended to authorize the transacting and carrying on of such business under the license at some other location to which the business is or is to be moved. Provided further, that transfer, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the ownership existing before the transfer, shall not be prohibited by this section, provided application is made for transfer of the license and a fee to the Collector in an amount as fixed by the City Council by resolution. D. Section 4.04.290 of the Dublin Municipal Code is amended to read in its entirety as follows: 4.04.290 Duplicate license A duplicate license may be issued by the Collector to replace any license previously issued hereunder which has been lost or destroyed, upon the licensee filing a statement of such fact, and at the time of filing such statement paying to the Collector a duplicate license fee in an amount as fixed by the City Council by resolution. E. Section 5.24.070(B) of the Dublin Municipal Code is amended to read in its entirety as follows: 5.24.070 Safe and sane fireworks – Permit procedure B. Every application for a permit shall be accompanied by a fee in an amount as fixed by the City Council by resolution to cover reasonable costs of investigation and administration. If the application is denied for any reason, one-half of said fee shall be refunded. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced beginning on September 1, 2018. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 17th day of July, 2018 ATTACHMENT 1 AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk