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HomeMy WebLinkAbout10-015 CC Resolution RESOLUTION NO. 10 -15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPEAL FEE SCHEDULE FOR APPEALS RELATING TO MASSAGE ESTABLISHMENT PERMITS AND MASSAGE TECHNICIAN PERMITS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds and determines that: A. On November 25, 2008, the City of Temecula (the "City ") adopted Ordinance No. 08 -12, entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING REGULATIONS APPLICABLE TO MASSAGE SERVICES, AND AMENDING TITLE 5 OF THE TEMECULA MUNICIPAL CODE." B. Section 5.22.150 of the Temecula Municipal Code provides an applicant or permit holder the ability to appeal the revocation, suspension, and denial of a massage establishment permit or a massage technician permit. C. Section 5.22.150(E)(1) of the Temecula Municipal Code also provides that any such appeal filed with the City Clerk be accompanied by an appeal fee in an amount as set by City Council resolution, which amount shall include a deposit for the costs of the hearing officer. D. The City Council desires to set the amount of the massage establishment permit or the massage technician permit appeal fee as authorized in Section 5.22.150(E)(1) of the Temecula Municipal Code. E. The appeal fee collected pursuant to this Resolution shall be used solely to cover the costs of processing the appeal and the appeal hearing. F. The appeal fee does not exceed the estimated reasonable cost of providing the service for which the fee is charged. G. The City Council approves the methodology and calculations used in determining the appeal fee that are set forth in detail in the staff report prepared in connection with this Resolution. H. The findings set forth above are hereby adopted in support of this Resolution. R: /Resos 2010 /Resos 10-15 1 ' Section 2. Appeal Fee Schedule: A. In accordance with Section 5.22.150(E)(1) of the Temecula Municipal Code, the City Council hereby adopts the following fee schedule, for appeals relating to massage establishment permits and massage technician permits, consisting of two components: 1. A nonrefundable processing fee of fifty seven dollars ($57.00); and 2. An appeal fee deposit of two thousand seven hundred and nineteen dollars ($2,719.00). The appeal fee deposit is composed of one thousand three hundred and nine dollars ($1,309.00) (which equals seven (7) hours of time at a rate of one hundred eighty seven dollars ($187.00) an hour for an administrative hearing officer under the City's agreement for administrative hearing officer services with the State of California Office of Administrative Hearings) plus one thousand four hundred and ten dollars ($1,410) (which is a translator's costs for a full day of services plus mileage) for a total of two thousand seven hundred and nineteen dollars ($2,719.00). B. If the appeal hearing will take more than seven (7) hours, the appellant shall submit an additional appeal fee deposit of $2,719.00 prior to continuing and scheduling the hearing an additional day. Only the actual cost of the Hearing Officer and translator will be taken from any appeal fee deposit, with the remainder, if any, returned to the appellant, pursuant to 5.22.150(E)(7). In addition, should the appellant substantially prevail on the appeal, the entire appeal fee deposit shall be returned to the appellant. Section 3. The City Clerk shall certify to the adoption of this Resolution and it shall become effective upon its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of February, 2010. Jeff Comerchero, Mayor ATTEST: t Susan . Jon s, MMC ' ity Cl k [SEAL] R: /Resos 2010 /Resos 10 -15 2 ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10 -15 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of February, 2010, by the following vote: AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC ' City Clerk R: /Resos 2010 /Resos 10 -15 3