HomeMy WebLinkAboutOrd 02-18 Amending Dublin Municipal Code Sections 4.04 – Business Registration and 5.24 – Fireworks Relating to Fees-For-Service ORDINANCE NO. 02 — 18
AN ORDINANCE OF THE CITY COUNCIL
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
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 therefore,
Ord No. 02-18, Adopted 7/17/2018, Item No. 4.8 Page 1 of 3
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, by the following vote:
AYES: Councilmembers Gupta, Hernandez, Thalblum and Mayor Haubert
NOES:
ABSENT: Councilmember Goel
Ord No. 02-18, Adopted 7/17/2018, Item No. 4.8 Page 2 of 3
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Ord No. 02-18, Adopted 7/17/2018, Item No. 4.8 Page 3 of 3