Loading...
2024/04/23 City Council Resolution 2024-029 RESOLUTION NO. 2024-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ESTABLISHING A SCHEDULE FOR FEES CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND RESCINDING RESOLUTION NO. 2002-252 WHEREAS, Resolution No. 2002-252 of the City Council of the City of Rohnert Park ("City") approved a fee schedule for the Department of Public Safety ("RPDPS") on November 11, 2002, which is now outdated; and WHEREAS,the City has not been recovering its costs of providing the services in certain outdated fees; and WHEREAS, Rohnert Park Municipal Code Chapter 3.32, "Cost-Recovery—Fee and Service Charge System," provides for the "establishment of a fee system to recover costs of the City in providing certain services, products and regulatory activities," including regular review of fees to assure that they "continue to recover the reasonable and proportional share of costs from applicants requesting services," and providing authority for the Council "to establish such fees by resolution to support the costs of providing the service or services" requested by users; and WHEREAS, City staff has conducted an analysis of costs of making various RPDPS services available to users, such as discovery requests, background checks, firearms permits and storage, among others and has determined that the fee schedule requires modification; and WHEREAS, it is in the interests of the City to operate in a fiscally responsible manner; and WHEREAS,the cost of providing certain services to the public have increased due to increases in utilities, staffing, maintenance, and administrative overhead; and WHEREAS, the City wishes to adjust its service fees to an amount that does not exceed the reasonable cost for the service or benefit provided and to charge this cost on those who receive the service or benefit; and WHEREAS, on April 23, 2024, the City Council of the City of Rohnert Park reviewed the proposed fee schedule and supporting data during a regularly-scheduled public meeting and considered all facts relating to the proposed fee schedule, including a staff report, presentation, and public comment at a duly noticed public hearing and found that the proposed fee schedule bears a fair relationship to the payer's burdens or benefits and does not exceed the reasonable costs of the services or benefits provided; and WHEREAS, in accordance with State law, the bases for the proposed fee changes and the proposed fee schedule were made available for public review at least ten(10) days prior to the meeting at which the fee schedule was to be adopted; and WHEREAS, the City published notice for adoption of the fee schedule amendments in accordance with State law; and WHEREAS, the new fees are not a tax subject to the provisions of Article XII of the California Constitution as amended by Proposition 26, but are an exception under Sections 1(e)(1), (2), (3), and (4) of Article XIII C. Nor are the fees Development Impact Fees (imposed as a condition of approval of development). NOW, THEREFORE,BE IT RESOLVED by the Council of the City of Rohnert Park that: Section 1. Recitals. The above recitals are true and correct and material to this Resolution. Section 2. Environmental Clearance. The adoption of this Resolution is exempt from the California Environmental Quality Act as this action is not considered a"project" as defined in California Code of Regulations, Title 14, Chapter 3, Article 20 Section 15378(b)(4), which excludes government funding mechanisms and Section 15273, which excludes adoption of rates, tolls, fares and fees to meet operating expenses and the like. Adopting rates for various City services does not have the potential to have a significant environmental impact. Section 3. Adoption of Fees. The City Council does hereby authorize and approve a schedule of RPDPS fees more particularly specified in Exhibit A attached hereto and incorporated by this reference. Section 4. Rescission of Resolution No. 2002-252. Resolution No. 2002-252 is hereby rescinded in its entirety. Section 5. Constitutionality. If any action, subsection, sentence, clause or phrase of this Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or the fees levied by this Resolution that can be given effect without the invalid provisions. DULY AND REGULARLY ADOPTED this 23`d day of ' , 2024. CI OF RO NERT PARK Susan H. Adams, Mayor ATTEST: Sylvia Lopez Cuevas, ' erk APPROVED AS TO FORM: cut 6L-. .4-fru Ji Michelle M. Kenyon, City Attorney Attachments: Exhibit A ELWARD: � Al ODRIGUEZ: SANBORN: GIUDICE:�[ 1 ADAMS: AY ( C) NOES: ( ) ABSENT: ( 1 ABSTAIN: (�,7 JJ Resolution 2024-029 Page 2 of 2 OAK#4864-8215-4416 v4 Sections 1(e)(1), (2), (3), and (4) of Article XIII C. Nor are the fees Development Impact Fees (imposed as a condition of approval of development). NOW,THEREFORE, BE IT RESOLVED by the Council of the City of Rohnert Park that: Section 1. Recitals. The above recitals are true and correct and material to this Resolution. Section 2. Environmental Clearance. The adoption of this Resolution is exempt from the California Environmental Quality Act as this action is not considered a"project" as defined in California Code of Regulations, Title 14, Chapter 3, Article 20 Section 15378(b)(4), which excludes government funding mechanisms and Section 15273, which excludes adoption of rates, tolls, fares and fees to meet operating expenses and the like. Adopting rates for various City services does not have the potential to have a significant environmental impact. Section 3. Adoption of Fees. The City Council does hereby authorize and approve a schedule of RPDPS fees more particularly specified in Exhibit A attached hereto and incorporated by this reference. Section 4. Rescission of Resolution No. 2002-252. Resolution No. 2002-252 is hereby rescinded in its entirety. Section 5. Constitutionality. If any action, subsection, sentence, clause or phrase of this Resolution or the fees levied by this Resolution shall be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Resolution or the fees levied by this Resolution that can be given effect without the invalid provisions. DULY AND REGULARLY ADOPTED this 23`d day of April, 2024. CITY OF ROHNERT PARK Susan H. Adams, Mayor ATTEST: Sylvia Lopez Cuevas, City Clerk APPROVED AS TO FORM: Michelle M. Kenyon, ty Attorney Attachments: Exhibit A ELW.4RD: RODRIGUEZ: SANBORN: GIUDICE: ADAMS: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) Resolution 2024-029 Page 2 of 2 OAK#4864-8215-4416 v4 EXHIBIT A Rohnert Park Department of Public Safety Fee Schedule (Effective 4/24/24) The following reflects the schedule of fees for the Department of Public Safety: Discovery Request $45 plus storage media Firearm Storage $140 each, plus $125 per month Permits Bingo $136 Firearms Dealer $296 Secondhand Dealer $257 plus $300 payable to DOJ Solicitor Permit $88 Taxi Permit $284 Records Checks Clearance Letter $24 Federal Background Checks $15 Subpoenas Subpoena Duces Tecum $15 plus cost of production Deposition Subpoena $275 deposit plus actual costs in excess Vehicles Repossession Receipt $15 Tow Release $176 Resolution 2024-029 Page 2 of 3 OAK 114864-8215-4416 v4