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.
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' 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]
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' 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
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