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HomeMy WebLinkAbout08-67 - Adopting a Tow Operator Permit Application Filing FeeRESOLUTION NO. 08-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING A TOW OPERATOR PERMIT APPLICATION FILING FEE FOR THE CITY OF COSTA MESA. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa has heretofore established a tow operator permit application filing fee for services provided by the City in accordance with and codified in Title 9, Chapter II, Article 18 of the Municipal Code of the City of Costa Mesa; and WHEREAS, the tow operator permit application filing fee is intended to defray the cost of processing the application, verifying information, performing background investigations, and inspecting the tow yard, office premises, tow units and towing equipment; and WHEREAS, pursuant to the provisions of the California Constitution and the laws of the State of California, the City of Costa Mesa is authorized to adopt, implement, and increase such tow operator permit application fee; provided, however, that such permit filing fee does not exceed the estimated reasonable pro rata cost to administer the processing of the application; and WHEREAS, the tow operator permit application filing fee is based on number of hours and portions of hours required by those employees involved in the processing of the application and inspection of tow facilities, units and equipment, and the hourly rates of those employees; and WHEREAS, California Government Code Section .66018 requires notice to be published in accordance with California Government Code Section 6062a and a general explanation to be made available concerning the tow operator permit application filing fee prior to conducting a public hearing with respect to the adoption of the tow operator permit application filing fee, for which no other procedure is provided by law; and WHEREAS, pursuant to California Government Code Section 66018, this City Council has held at least one duly noticed public hearing and received oral and written presentations thereat with respect to the proposed tow operator permit application filing fee prior to the adoption of this Resolution; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; WHEREAS, adoption of tow services operator permit application filing fee is statutorily exempt from review under the California Environmental Quality Act pursuant to 14 California Code of Regulations Section 15273. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1: This City Council hereby finds and determines that based upon the data, information, analysis, oral and written documentation presented to this City Council concerning the tow service operator permit application filing fee described in Exhibit "A" attached hereto and by this reference incorporated herein, the rates, fees, and charges set forth in said Exhibit "A" do not exceed the established reasonable pro rata cost to administer the processing of the tow service operator permit application for which the application filing fee is levied. 2 Section 2:. The .tow operator permit application filing fee set forth in Exhibit "A" and as further described below is hereby adopted and approved. Section 3: The tow operator permit application filing fee set forth in Exhibit "A" shall be effective and shall be implemented commencing on September 3, 2008, and will be reviewed annually under the City's Fiscal Year Citywide User Fees and Charges. Section 4: The. adoption of the tow operator permit application filing fee set forth in Exhibit "A" is statutorily exempt from analysis under the California Environmental Quality Act pursuant to 14 California Code of Regulations Section 15273. Section 5: The City Clerk shall certify to the adoption of the Resolution. PASSED AND ADOPTED this 2nd day of September, 2008. ATTEST: Jul' Folcik, tity Clerk Eric R. Bever, Mayor APPROVED AS TO FORM: Kimberly H II Barlow, City Attorney 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 08-67 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of September, 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, FOLEY, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 3rd day of September, 2008. (SEAL) JUViE FOLC K, CITY CLERK 11 City of Costa Mesa Tow Operator Permit Application Filing Fee Effective September 3, 2008 Exhibit "A" Resolution No. 08-67 TOW OPERATOR PERMIT APPLICATION FILING FEE CALCULATIONS: Police Sergeant - 2 Hours - $250.14 Police Officer - 1.5 Hours - $153.88 Office Specialist -.5 Hours - $26.81 Total - $430.83 PROPOSED TOW OPERATOR PERMIT APPLICATION FILING FEE: 430.00 5