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HomeMy WebLinkAbout2013/12/17 Item 14 �: _ _�..(-.�-���� CITY COUNCIL _ = - , , �� � - AGENDA STATEMENT � �`�f.'='�' �vii � �``CHULA VISfA DECEMIBER 17; 2013, Item� ITEAZ TITLE: A. RESOLUTION OF THE CITY COUITCIL OF THE CITY OF CI-IULA VISTA AMENDII�G CHAPTER 3 (ANI�4AI, CONTROL) OF THE CITY'S NIASTER FEE SCHEDULE B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDIA'G CHAPTER � (LIBRARY) OF THE CITY'S A4ASTER FEE SCHEDULE C. RESOLUTION OF TI� CITY COLTNCIL OF THE CITY OF CHULA VISTA AI�4ENDING CHAPTER 6 (POLICE) OF THE CITY'S D4ASTER FEE SCHEDULE D.1. RESOLUTION OF THE CITY COLJi�TCIL OF THE CITY OF CHULA VISTA AMEI�'DII�'G CHAPTER 15 (FIRE) OF THE CITY'S MASTER FEE SCHEDULE D.2. ORDINANCE AMENDING CHIII.A VISTA ��ILINICIPAL CODE CHAPTER 9.05 (EMERGENCY RESPONSE COST RECOVERY) TO I�iCORPORATE COST RECOVERY FEES FOR FIRE DEPAR"I"MENT EMERGEI�TCY I\'CIDEI�T � RESPO\TSE E.1. RESOLUTION OF THE CITY COtJNCIL OF THE CITY OF CHULA VISTA AIvIENDING CHAPTER 4 (BUSI:�'ESS) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO MASSAGE ESTABLISHIvIENTS AND TECHNICIr1�\'S AND HOLISTIC HEALTH ESTABLISHMENTS .Ai\'D PRACTITIONERS E.2. ORDIN.1i\TCE OF TI-IE C1TY OF CHi�ZA VISTA AME1�'DING SECTION �36.13� OF THE CHULA VISTA MiJ�TICIPAL CODE TO AUTHORIZE THE COLLECTION OF MASSAGE A�ID HOLISTIC HEALTH ESTABLISHMENT LICENSE �\�iV"UAL RE\�E�VAL FEES AND AI�1E\�DING SECTION �..i6.190 TO REQUIRE PAYMENT OF NE�'V APPLICATION FEES FOLLOWING CH.4i\�GE OF LOCATIOl�i OF A D4ASSAGE 14-1 ' DECED�BER 17, 201.i, ]tem� Page 2 of 15 ESTABLISHMENT F.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS) OF THE CITY'S MASTER FEE SCHEDULE CREATING NEW FEES FOR FIREARMS DEALERS F.2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.28.010 OF THE CHULA VISTA MiJNICIPAL CODE TO AUTHORIZE THE COLLECTION OF FIREt�RMS DEALER LICENSE ANNUAL FEES AND SECTION 5.28.015 TO REQUIRE ANNUAL INSPECTIONS OF FIREARMS DEALERS BY THE POLICE DEPARTMENT G.1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO BINGO LICENSE APPLICATION FEE REFUNDS G.2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 9.12.160 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO BINGO LICENSE APPLICATION FEE REFUNDS H.l. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO PAWNBROKERS, SECONDHAND AND JTJNK STORE DEALERS H.2. � ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 538.030 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF PAWNBROKER, SECONDHAND AND NNK STORE DEALER LICENSE BIENNIAL RENEWAL FEES AND SECTION 5.38.120 TO AUTHORIZE THE COLLECTION OF PAWNSHOP EMPLOYEE IDENTIFICATION CARD ANNUAL RENEWAL FEES I.1. RESOLUTION OF THE CITY COLTNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO ART FIGURE STUDIOS I.2. ORDINANCE OF THE C1TY OF CHULA VISTA REPEALING CHAPTER 514 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ART FIGURE STUDIOS � 14-2 DECED4BER 17; 2013; Item� Paee 3 of 1� J. RESOLUTION OF THE CITY COLICIL OF THE CITY OF CHULA VISTA r1I��NDII�iG CHAPTER 4 (BUSII��SS) OF THE CITY'S MASTER FEE SCHEDULE SUBI4ITTED BY: DIRECTOR OF FI\� TCE/iREASURE� CHIEF OF POLIC 1� FIRE CHIEF � p � DIRECTOR OF LIBRr1.RY � ./,��' ✓ �` ANIMAL CARE FACILI Y r�.DMI\'ISTRATOR -�V�/ �r,i� REVIE�VED BI': CITY n�\'AGER I , f/ ASSIST.�\TT CITY \TAGER�' - "�l 4/STHS VOTE: YES � NO .❑Y SUi1Ti17ARY The City is in the process of comprehensi�ely reviewing and updating iu 1�4aster Fee Schedule. Adoption of the proposed resolurions and ordinances will implement the neart phase of the Master Fee Schedule re��iew; updating animal control fees, business fees, library fees; police fees, and fue emergency response fees included in Chapters 3, 4; �; 6; and 1� of the Master Fee Schedule. ENVIRON111ENTAI, REVIE�V The Development Services Director has revie�ved.the proposed activity for compliance �rith the Califomia Environmental Qualih� Act (CEQA) and has determined that the activiry is not a "Project � as defined under Section 1�378(b)(4) of the State CEQA Guidelines because it is a eovemment fiscal activity; therefore, pursuant to Section 1�060(c)(3) of the State CEQA Guidelines the activiry is not subject to CEQA. Thus; no environmental review is necessan•. RECOA'II1IENDATION That Council adopt the ordinances and resolutions. BOARDS/COA�IiVIISSION RECOA4MENDATION The Board of Library Trustees supported and approved the Master Fee Schedule chanees reflected in Resolution B at its meetin� on October 16, 2013. D4inutes for the subject meeting aze included as Attachment 1. DISCUSSION In 2009, the Ciri Council endorsed the Cit�� Manager's Fiscal Health Plan, including the revie�v of the Ciry's Master Fee Schedule to identifi� potential additional fee revenues. The comprehensive revie�v of the Master Fee Schedule is occurrine in multiple phases. 14-3 DECED�BER 17, 20li, Item� Page 4 of 1� Items to be considered in the current phase of the review include: A. Animal Control Fees B. Library Fees C. Fire Emergency Response Cost Recoven� (New) D. Police Fees E. Business Fees (Police Regulated) The final phases of the comprehensive Master Fee Schedule require additional analysis before they can be brought forward to Council for consideration. The next phase of the fee review�yill consider the following, at minimum: A. Library Facilit}� Rentals (new) and Recreation & Parks Facility Rentals Status: h7itial da�a gathering is con:plete urid analysis is undenrav. Recommeiaded fee updates i+�i/1 be 6rought fon��ard to Council in sprrng 2014. B. Recreation Program Fees Sratus: As 1,�it1:fees included in the curre�st phase of�he Master Fee Schedule revieN�, Recreation program fees are limited to recovering only the cost of providing the associated sernices. Updatirzg the Recreation prograrn fees therefore requires the development of a cost of service analysis. Preparation of this anulysis has been delayed, us prelinainary modeling has revealed additional data needs, rrzcluding consideratiott of departmenlal policies and potential pm�tnerships. In order to prope�dy documenl the cosl of service for Recreation programs, the Recreation Department recommends developing a Cost Recovery, Resource Allocation and Rei�enue Enhancement Plan. This plan will sen>e as the basis for setting future Recreation progr�am fees. Moving forward ivi�h thrs portion of the Master Fee Schedu7e revieN� is dependent uporz the completion of this plan. Recreation Deparhnent staff anticipates awarding a contract for the development of the pla�s in Jaiauary 2014, with development of tl:e plan itself anticipated ro occiu� oi�e�� the ne.rt 12 to 18 n�ondis. Master Fee Schedule—Overview Originally established in 1982, the Master Fee Schedule ("Schedule') is a centralized listing of the fees charged by the City for services, administrative acts and other legally required fees. The Schedule serves as a resource for the public to determine the costs of various types of Cit}� services without the need for extensive reseazch or a specialized understanding of municipal govemment. While a primary mission of government is to satisfy community needs, such as police and fire protection, many city sen�ices solel}� benefit specific individuals or businesses. It has been the general policy of the City Council that the public at large should not subsidize activities of such a private interest through general taa revenues. Therefore, the City has established user fees to best ensure that those who use a proprietary service pay for that service in proportion to the benefit received. Fees imposed by the Cit}� take one of three fomis flat fees, tiered or multi-level fees, and variable fees based on costs (deposits). 14-4 DECEMBER 17; 2013; Item �� Paee � of 1� Flat fees aze preferable in most cases due to their ease of admuustration and collection. VJhere the annual volume of activitv is high and the per-project costs aze reasonably stable, the flat fees aze calculated based on the averaee transaction costs for sen�ices provided. Tiered or multi-level fees serve as a middie ground. These fees are used ���hen the cost of service provision is more closely correlated to a specific project factor. Two or more fee levels aze set and the level of the fee is determined by objective measurable criteria. Tiered fees thus offer the stabilin� and administrative ease of flat fees and the enhanced equiri� of deposits. As �;�ith flat fees ho�vever; these fees must be updated periodically to ensure that the Cih's general taY support for these sen�ices remains at a consistent level. Variable fees require a deposit from which actual costs aze debited and any unspent balance is refunded. If the costs of a particulaz service differ �ith the size or complexin� of the project, deposit-based fees provide a more equitable assessment of those costs than ���ould be possible throueh a flat fee. Thus; for eaample, major development projects in Otay Ranch aze chazeed only for the actual staff time spent on their various projects, rather than paying "averaee" processing costs. Variable fees are difficult to administer; but since they automaticallv correct for chanees in service costs, increased efficiency, and fluctuations in requested or mandated service levels; they seldom require updatine. \�'hile they do not require frequent updates, it is preferable to reeulazlv update any standazdized deposit schedules associated �+�th these fees. Realistic deposit schedules help applicants better understand the financial commitment associated w�th the Cih�'s provision of these services. Cost Recoverv Policv The Ciq�'s Cost Recovery Policy (`Policy') �vas adopted in June 2010 (Attachment 2). The Policy has three central components: l. Provisions for oneoine review 2. Process for establishing cost recovery levels 3. Tazeet cost recovery levels for services/acti��ities As the comprehensive Master Fee Schedule review moves toward its conclusion, it is appropriate to revie�+� the provisions for oneoine revie��� and the taraet cost recovery levels established in 2010. In conjunction with this report, staff is requestine feedback from the Council on modifications to the tazeet cost recoverv levels for specifc program azeas. Staff will retum to Council ��ith a resolution modifi�ine the Policy to reflect the direction received from the Council ���ith the next phase of the Master Fee Schedule revie�v. Ongoing Revie�r• The Policy recommends comprehensive analysis of the city's costs and fees at least everv five }�eazs. In the interim, annual updates each October are recommended based on either the annual change in the Cin�'s operatine budaet or the annual chanee in the San Dieeo area Consumers Price Indes for all Urban Consumers. The annual adjustments have not been implemented �vhile the comprehensive review has been undern�ay. Once the Master Fee Schedule revie��� is complete, staff���ill implement this policy (first annual adjustment planned for October 2014). Staff anticipates updating this section of the Policv to focus 14-5 , I DECEMBER 17, 2013, Item� Page 6 of 15 the annual index amount on labor costs in particular, rather than the overall City operating budget. Staff will return to Council with recommended modifications to this portion of the Policy ��ith the next phase of the fee study. Establishing Cost Recovery Levels The Policy lays out the process for establishing the cost recovery levels, including factors to be considered, general concepts and determination of cost recovery levels. Factors to be considered when determining cost recovery levels include: 1. Community benefit versus special benefit 2. Service recipient versus service driver 3. Consistency with City public policies and objectives 4. Elasticity of demand 5. Feasibility of collection Target Cost Recovery Levels The Policy next identifies target cost recovery levels for City services/activities. The target cost recovery levels in the Policy are described in broad, programmatic terms to provide flexibility necessary to address new services and activities that may be offered by the City in the future without amending the Policy itselE In practical terms; the cost recovery for a single fee activity might be higher or lower than the cost recovery tazget for that program, as long as the overall cost recovery for the program's fees is consistent with the Policy. When the Policy is broueht back to the Council for modification, staff�vill recommend narrowing the individual service areas/programs to allow for greater specificity. For eaample, the Polic}� currently includes Fire Department operational permits (30%-70% tazget cost recovery) and Fire Department construction permits (70%-100% target cost recovery), ��hile the Animal Control program only has one program and associated target cost recovery (0%-30%). Based upon review of the Animal Control program in conjunction �vith the current phase of the fee schedule review, bifurcating this program between (1) animal adoptions, impounds, and relinquishments and (2) licenses, vaccinations, veterinary and other services; is recommended. The Animal Control fees recommended for adoption with this action reflect this anticipated change. n4aster Fee Schedule—Current Phase Undate - Detail As a result of the complex nature of the fees included in the current phase of the Master Fee Schedule review, the City contracted with a consultant to produce a cost of service analysis for these user and regulatory fees. This cost of service analysis identifies actual costs incurred by the City in providing the subject services, which is the maximum amount legally recoverable by the City via fees for these services. The City selected NBS to conduct the study. NBS is an independent finn serving local govemment agencies induding cities and towns, counties, special purpose districts, and economic development agencies/organizations. In conducting the fee study, NBS applied a three phase analysis, including cost of service analysis; cost recovery evaluation; and fee establishment. The cost of service analysis prepared by I�'BS included calculation of a fully burdened blended hourly rate for each workgroup in the fee study. This fully burdened blended hourly rate �vas then used at the 14-6 DECEMBER 17, 2013, Item� Pa�e 7 of 1� individual fee level to estimate an average (reasonable) full cost of service for each fee related service or activiq�. For some depar[ments; hourly rates were developed for different employee classes (e.g. sworn versus non-swom Police Department employees). The srudy methodoloey and findines; includina the calculation of fully burdened hourly rates and the cost of service for all activities included in the current fee study aze presented in the Cost of Semice Study of User and Regulatory Fees, Selected Deparrments — Part 1, prepazed by I�TBS. A summar}� of this anal}�sis is included as Attachment 3 of this report. Full anal}�tical models aze on file with the Cit}= Clerk`s OfFice. Proposed amendments to the b4aster Fee Schedule for the current phase of the comprehensi��e revie�v are sho��n in redline strikeout in Attachment 4. All fee updates recommended aze based on the cost of sen�ice analvsis prepazed by \'BS and aze consistent ���ith the target cost recoven� levels set bv the Cit}�'s Cost Recoven� Policy. To follow is an overview of the fee updates proposed. A limited number of the fee updates recommended require amendments to the Chula Vista Municipal Code (CVMC). In those instances; adoption of the resolution implementing the proposed D4aster Fee Schedule chanse requires adoption of the coordinatine ordinance modifi•ine the D4unicipal Code (e.s. adoption of Resolution D1. establishing Fire Emereenc}� Response Cost Recovery fees in the A4aster Fee Schedule requires adoption of Ordinance D.2. amending the A4unicipal Code to incorporate cost reco��ery for Fire Department emergency incident response sen�ices). Chapter 3 —Animal Control The review of the Animal Control fees focused on licensine; animal adoptions; impounds and relinquishments; and vaccinations and veterinary fees. The Cost of Service analysis identified the full cost of providine animal control"services. The Ciry's Cost Recovery Policy has a target of 0-30% cost recovery For Animal Control services. The proposed fees for doe licenses, animal adoptions, impounds and relinquishments reflect cost recovery of approximately 3�% overall. Sinele-year doe licenses aze proposed to increase from $12 to S20 for altered animals and from $25 to �32 for unaltered animals. Three-year dog licenses are proposed to decrease from $23 to $20 for altered anunals and from ��0 to $32 for unaltered animals. Animal Care Facility staff is recommendine tareetine neaz full cost recovery for vaccinations and ��eterinarv services provided to in-house shelter animals; euthanasia at o��mer's request, and dangerous dos, nuisance dog, and bazkine doe hearin�s. Final cost recovery for this program �rill varv significantly depending on the collectability of vaccination and veterinary fees. Adoption of Resolution A amends Chapter 3 of the Master Fee Schedule to reflect the recommended Animal Control fees. 14-7 DECEMBER 17, 20li, Item� Page 8 of 1� Chapter 4—Business Fees, Specific Businesses The review of the Business Fees focused on tl�e efforts of Police Department staff providing regulatory services to specific business types. The Cost of Service analysis identified the full cost of providing these services. The City's Cost Recovery Policy has a target of 70-100% for Business (Police) services. � In addition to updating the Master Fee Scl�edule, the Police Department recommends updating certain sections of the City's Municipal Code to optimize cost recovery. For those activities, discussed in detail below,iadoption of the resolution amending the Master Fee Schedule requires adoption of the associated ordinance. The cost of service for all specific business activities discussed below �vas established in the NBS Cost of Service analysis. Massa�e and Holistic Health Establishments and Massage Technicians The City's Master Fee Schedule and Section 5.36.135 of the CVMC both currently reflect the collection of initial massage establishment license application fees. CVMC Section 536.220 requires inspections of massage establishments four-times annually. In order to recover the reasonable estimated cost of providing the inspection services required annually for massage establishments, an amendment to CVMC Section 536.li� to require payment of an annual renewal fee is recommended. Staff recommends increasing the massage establishment application fee from $150 to $1,400 and establishing an annual renewal fee of$1,250. Section 536.135 of the CVMC also requires the payment of an application fee to operate a holistic health establislunent. The Master Fee Schedule does not currently include this fee. The Police Department's proposed amendments to Section 5.36.135 to require annual rene�vals of the massage establiskvnent license also applies to holistic health establishments. Adding initial application and arumal renewal fees for holistic health establishments of$19� and $25, respectively, is recommended. The Master Fee Schedule cunently establishes a fee of $25 for the sale, transfer or change of location of a massage establislunent. Per CVMC Section 5.36.190, a sale or transfer renders any previous license null and void and requires a new application. In order to recover the reasonable estimated cost of licensing a new application, staff recommends amending the Municipal Code to clarify that sale; transfer, or change of location of a massage establishment requires a new application and associated fees. The final Master Fee Schedule amendment recommended for this business type relates to massage technicians and holistic health practitioners. The Municipal Code currently requires the annual renewal of licenses for massage technicians and holistic health practitioners. In order to better reflect the additional staff effort associated with initial license issuance, staff recommends splitting this fee into an initial application fee of$175 and an annual renewal fee of$]00. The current annual fee (new or rene�val) is $30. No Municipal Code amendment is required to implement this change. Adoption of Resolution E.1. amends Chapter 4 of the Master Fee Schedule to reflect the recommended massage and holistic health establislunent and massage technician fees. Adoption of Resolution E.]. requires adoption of Ordinance E.2. 14-8 DECEn4BER 17, 20li, Item� Paee 9 of 1� Firearms Dealer Chapter �.28 of the CVA4C requires a license from the Chief of Police in order to eneage in the business of selline, or othen��se transferrine; or advertisine for sale or uansfer, any pistol; revoh�er or other firearm capable of being concealed upon a person. The CVMC does not currently require annuai inspections of firearms dealers and states that there shall be no charge for the issuance of this license. State of Califomia Penal Code Section 2670� permits local licensin� authorities to assess a fee to recover the full cost of processin� applications for a fueazms dealer license. In addition, State of Califomia Penal Code Section 26720 allo�vs for local jurisdictions to adopt an inspection program. The California Department of Justice relies on local la�v enforcement to conduct an inspection prior to the issuance of a state license. The Police Department recommends amendine Chapter �.28 of fhe Municipal Code to require a yearly inspection of all fuearms dealers to ensure that persons engaeed in the fuearms business are in compliance with local, state, and federal laws and resulations. In addition,"the Police Department recommends recovering the reasonable cost of providing initial license issuance and annual rene���al of the license. Staff therefore recommends amending Chapter �.28 of the CV�4C and amendin� the �4aster Fee Schedule to reflect initial application and annual renewal fees of$36� and 5310, respectively. Adoption of Resolution F.1. amends Chapter 4 of the Master Fee Schedule to reflect the recommended firearm dealer fees. Adoption of Resolution F.1. requires adoption of Ordinance F.2. BinQO License Application Fee Refunds Section 912.160 (B) of the CVMC requues the payment of an application fee with each bineo license application and states that in the event an application is denied, �0 percent of the im�estigation fee shall be refunded. The Cost of Service analysis conducted by \�BS did not identify any reduction in the cost to the City in processing a denied bingo license application (all staff effort is in advance of the denial). This partial refund reduces the cost recovery for this activiry by �0 percent. In order to brine this activit�� into compliance «�ith the Ciri's Cost Reco��ery Policy target of 70-100% for Police fees; staff recommends amendin2 Section 9.12.160 (B) of the CVMC and Chapter 4 of the A4aster Fee Schedule to eliminate the �0 percent refund requirement. Adoption of Resolution G.1. amends Chapter 4 of the Master Fee Schedule to remove the refund provisions for denied bingo license applications. Adoption of Resolution G.1. requires adoption of Ordinance G.2. Pa�tinbrokers. Secondhand and Junk Store Dealers Section �38.030 (A) of the CVMC requires the payment of an application fee for each license issued to any pa�+=nbroker,junl: or secondhand dealer. Section �.�8.120 requires all pa�tirshop employees to be issued an identification card by the Chief of Police. Both sections speak only to the initial application and do not address the need for oneoine revie�v of the license or identification cazd. Consistent ��ith Department of Justice licenses for these same businesses, the Police Department recommends amendine Section 14-9 DECEMBER 17; 20li, Item �� Pa�e 10 of 1� 538.030 to require rene«�al of the license every two years. The Police Department also recommends amending Section 538.120 to require renewal of the pawnshop employee identification cards annuall}�. In addition to the above described amendments to the CVMC, the Police Department recommends recovering the reasonable cost of providing license and identification card issuance and rene�val services. Staff therefore recommends amending the Master Fee Schedule to reflect initial application and renewal fees for pawnbrokers, secondhand and junk store dealers of$31� and $100, respectively; and pawnshop employee identification card application and renewal fees of $16� and $70, respectively. This compares to the current license application fee of $80 and pa�vnshop employee identification card application fee of$30. Adoption of Resolution H.1. amends Chapter 4 of the Master Fee Schedule to reflect the recommended pawnbroker, secondhand, and juiilc store dealer �fees. Adoption of Resolution H.1. requues adoption of Ordinance H.2. Art Fieure/Model Studio In November of 2012 the Ciry Council adopted Ordinance 3241 amending Chapter 9.li of the CVMC, regulating the licensing and operations standard for sezually oriented businesses. Per that ordinance, adult model studios (also kno�vn as art figure studios) are considered sexually oriented businesses and licensing regulations are as set forth in Chapter 9.13. Prior to the adoption of Ordinance 3241, licensing of these businesses �vas govemed by Chapter 5.14 of the CVMC. This cliapter is now superseded by Chapter 9.13 and can be repealed. Removal of the associated fees from the Master Fee Schedule is also recommended. Adoption of Resolution I.1. amends Cl�apter 4 of the Master Fee Schedule to reflect the elimination of art figure studio fees. Adoption of Resolution I.1. requires adoption of Ordinance I.2. All Other Soecific Business Fees The remaining Master Fee Schedule updates recommended for Chapter 4 do not require amendments of the CVMC. The majority of the proposed changes reflect updating fees to recover the reasonable cost of providing the associated services and removing fees no longer required. Based on the Cost of Service analysis, an increase in the initial deposit for an Alcoholic Beverage Control (ABC) Deternunation of Public Convenience or Necessiry (PCl� hearing from $2�0 to �1,500 is recommended. In addition, appeals fees for ABC PCN determinations and other police regulated business licenses are recommended, consistent �vith existing requirements of the CVMC and other appeal fees in the Master Fee Schedule. Adoption of Resolution J amends Chapter 4 of the Master Fee Scliedule to reflect all recommended Business fees not addressed in Resolutions E.1. through I.1. Adoption of Resolution J does not require adoption of an ordinance. 14-10 DECE?�4BER 17; 20li, Item (� Pase 11 of l� Chapter 5 —Librar�� The review of the Library fees focused on existina fees, includine service fees; fines, and local history collection fees. The Cost of Service analysis identified the full cost of pro��iding these library services (no cost of service analysis is required for fines). The Ciry's Cost Recoverv Policy has a tareet of 0-�0% for Library semices. Libran� staff is recommending leaving the non-California resident cazd annual fee unchanged at $Z0. This reflects full cost recovery for this activin�. For the local historv collection, staff recommends creating new photo use fees of�4� for individuals and �125 for commercial uses. Actual costs to the City of providin� this sen�ice are estimated to total neazl}� �240 per use; resulting in recommended cost recovery of 20% for individuals and �0% for commercial uses. Similazly, staff is recommending increasing the obituary reseazch request fee from $� to �2�. With an estimated cost per request of 566, this reflects cost recoverv of less than 40%. A new fee is recommended for test proctoring services (written or computer based). This is a ne�v activiri�, wherein Library Department staff administers a test and watches over students takine the esamination. «'ith the expansion of online learnine; demand is anticipated to gro��� in the future. «'ith a proposed fee of 52> per student, per test, this reflects �0% cost recovery (estunated at $�0 per student, per test). The next phase of the Master Fee Schedule revie�v �viil consider rental fees for Library facilities (auditoriums, multi-purpose rooms, etc.). Adoption of Resolution B amends Chapter � of the D4aster Fee Schedule to reflect the recommended Libran fees. Chapter 6 — Police The re�ie�� of Police fees focused on various "administrative processina fees, and included the alazm permit fees and false alarm assessments approved by the Council on November 19�'. The Cost of Senrvice anal}�sis identified the full cost of providins Police sen�ices (no cost of service analysis is required for fines or penalties). The Ciri�'s Cost Recoverv Policv has a tazeet of 70-100% for Police services. Sienificant chanses recommended include the creation of adult arrest report sealine application and processing fees and the elimination of the bic}�cle permit fees (permits are no lon�er issued by the City). Adoption of Resolution C amends Chapter 6 of the ?�4aster Fee Schedule to reflect the recommended Police fees. Chapter 15 —Fire Department Emergenc�� Incident Response The Fire Depanment is recommendina the creation of a Fire Department emereency incident response cost recovery program. This proeram relates specificalh� to services pro��ided bY the Fire Department as a result of a responsible partti�'s actions, neglieence or an intentional �iTOngful act. Costs for emereency response ���ill be recovered from any and all responsible parties, including indi��iduals and/or insurance companies. 14-11 DECEMBER 17, 2013, Item� Page 12 of 15 The proposed emergency response cost recovery program includes the following incident responses: 1. Pipeline Incidents a. Water Utility b. Other Utility—Large Diameter c. Other Utility— Small Diameter 2. Power Line Incidents 3. Illegal Fires • 4. Hazardous Materials Incidents a. Major b. Minor (includes vehicle fires) 5. Special Rescue (exa�nples include structural collapse, confined space, trench, and rope rescue). The proposed fee schedule establishes hourly billing rates for each of the different incident types listed above, based on standard responses. For esample, the standard response to a minor hazardous materials incident is one engine company (3 FTEs) and the standard response to a water utility incident is one truck company (4 FTEs). �eline and Po��er Line Incidents As described above; cost recovery for pipeline or power line incidents will be pursued only if the services are required as a result of a responsible party's actions; negligence or an intentionally wrongful act. This does not include damage caused by an act of God. In those instances of negligence or intentionally wrongfial acts, costs will be recovered from the responsible parties (motorists, contractors, etc.). Illeaal Fires Illegal fire incidents include any fire caused or set in violation of a federal, state or local law, including arson fire and fires set in violation of a "no burning' ban or order. An illegal fire does not include an accidental and unintended fire or fire caused by an act of God, e.g. a lightning storm. An illegal fire does include a fire resulting from grossly negligent or reckless conduct as well as an intentionally set fire. Califomia Health & Safety Code Section li009 establishes that the person �vho negligently, or in violation of the law; sets a fire is liable for the fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services. Hazardous Materials Incidents The Clmla Vista Fire Department responds to approximately Z50 traffic accidents each yeaz in which hazardous liquids are released from the vehicles involved in the accident (including vehicle fires). Because of mucli more stringent environmental protection requirements, the department is seeking to recover costs associated with this increased level of service from the driver �vho was responsible for the accident. Most, if not all, automobile insurance companies have provisions in their policies stipulating payment to fire departments for emergency response and semices provided at vehicle accidents. Fire departments throu�hout the countr�� are starting to bill for these services in order to contain costs of service and maintain response times and quality of service. 14-12 DECED�IBER 17, 20li, Item ��' Paee 13 of 1� As described abore, pursuant to Califomia Health and Safet�• Code Section 13000 et seq.; an indi��idual ��°ho acts nesligently or in violation of the la�v and tt�ereb} requires the jurisdiction to provide an emersency response to a danger posed by a fue or hazardous substances shall be liable for reimbursement to the agenc}° for the cost incurred. For purposes of the hazardous materials incidents, this includes �ehicle fires and/or vehicle accidents �vhere hazardous fluids such as oil, easoline. antifreeze, brake fluid or anv other hazardous liquids originatine from the vehicle includina non-automotive fluids transported by the vehicle. Additionally. California Vehicle Code, Section 17300 et seq.; allows fue departments to recover costs incurred responding to motor vehicle accidents; includins response equipment and staffing to secure; cleanup and/or dispose of anv hazardous waste. Adoption of Resolution D.1. amends Chapter 1� of the Master Fee Schedule to reflect the recommended Fire Depaztment emergency incident response cost recovery fees. Adoption of Resolution D.l. requires adoption of Ordinance D.Z. Outreach Finance Department staff presented the proposed Library fees to the Boazd of Library Trustees in June and AuQust, �viih the Board acun� to support adoption of the fees at its October meetine. Fue Department siaff has briefed representatives of Otav �3%ater District; S�veetivater Authoriry, American Watec Cox Communications and AT&T reeazding the proposed cost recovery for pipeline and power line incidents. The Fire Department has also briefed the Association of General Contractors. Copies of the proposed ordinance, fee schedule. and staff report ha��e been provided as requested. An o��erview of the proposed Master Fee Schedule update was presented to the Chula Vista Chamber of Commerce Board of Directors on November 13. 2013. RELATIONSHIP TO CITY'S STRATEGIC PLAN The Ciry's Strateeic Plan has five major goals: Operational Excellence, Economic Vitalin=, Healthy Community, Strong and Secure I�Teiehborhoods and a Connected Community. Adoption of the resolutions amendins the Cit��'s \�aster Fee Schedule (and associated ordinances) supports Operational Esceilence Strategy 1.L Uphold a Commitment to Fiscal Health; through Initiative 1.1.1, Implement Fiscal Recovery and Proeress Plan. DECISION b7AKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial; manual, or clerical in nature and; as such, does not require the Cin� Council members to make or participate in making a eo��emmental decision; pursuant to Califomia Code of ReQulations Title 2, section 18702.4(a). Consequently tlus item does not present a conflict under the Political Reform Act (Cal. Gov`t Code § 87100, et seq.). Staff is not independentiv a���are, and has not been informed by any City Council member. of any 14-13 DECEMBER 17, 2013; Item� Page 14 of 15 other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT The proposed Master Fee Schedule update is based on the cost of service analysis prepared by NBS. This analysis identifies the maximum amount legally recoverable for providing user and regulatory fee related services and is based on the City's operating budget for fiscal year 2013-]4. The City's Cost Recovery Policy is then applied to the full cost of service to determine the recommended fee amounts and the estimated annual General fund subsidy amount. The cost of service analysis prepared by NBS estimates recoverable costs of$3.7 million annually for the subject services, of��hich NBS estimates the City's current fee structure recovers only $860,000. Assuming the adoption of the fees recommended herein and reflected in Resolutions A through J, the City could recover as much as $1.95 million in additional revenues annually, assuming no change in the volume of fee related services provided and a collection rate of 100%. The revenue impacts by program area are shown in Table ] belo�v. Table 1 —Calculated Potential Revenue Im acts of Pro osed Fee U dates Est. Est. Revenues Existing Est. Revenue at Recommended Reveuues at at Full Cost Cost Recommended Fee Fce Cate o Current Fees Recove Recove % Fees Cost Recove % Animal Control $ 452,000 $ 2,56Q000 18% $ 1,802,000 70% Library $ 1,380 $ 4,000 35% $ 2,000 50% Police $ 406,000 $ 585,000 69% $ 483,000 83% Fire $ - $ 523,000 0% $ 523,000 100% Total $ 859,380 S 3,672,000 23% $ - 2,81Q000 77% It is important to note d�at d7is calculafior7 is a r�zaihemulica( exercise, bused on the mvaual activiry volumes ide�atified in the cost of se�vice a��alysis, m�d not an actionable reve�rue projectio�r. Acc¢n�ately predicting revem�e im�ucts irz d�e riear term is i�e�y difficulL Holnever, absent a sig�aificant Iong-te�•m change in the Ciry's uctivity levels, the proposed fee amendments 1+�i11 restdt iis increased cos!recove�y(o the Cily. Approval of the resolutions amending the Master Fee Schedule suppoRS optimal cost recovery for the City, per the guidelines of the City's Cost Recovery Policy. Impacts to revenues in the current fiscal year will vary based upon actual requests for fee based services and collection rates. No appropriation of additional revenues is recommended at this time. ONGOING FISCAL IMPACT Approval of the resolutions amending the Master Fee Schedule supports optimal cost recovery for the City, per the guidelines of the City's Cost Recovery Policy. Impacts to revenues in future years will vary based upon actual requests for fee based service. If the resolutions are approved, future budgets will include updated revenue estimates based on actual collection trends under the ne�v fee schedule. 14-14 DECEI�4BER 17; 2013, Item �� PaQe I� of 1� The chart below illustrates the fundine of the Ciq�'s General fund departments in fiscal ��eaz 2013-14, broken out into the follo��ing categories: 1. Cost Recover}� & Other Program Fees—includes all cost of service based fees and hourly billine based staff time reimbursements, includine developer and capital project staff time reimbursements. Also includes facility rental revenues and revenues eenerated per aereements «�ith other aeencies. 2. Fines R Penalties— includes citations; penalties and service charees. 3. Grants — reflects only those erants budeeted in the General Fund. Sepazare grant funds are also maintained. 4. Discretionarv — reflects the discretionary revenues allocated to each department. Primarily made up of propert}� ta�es, sales ta�es; franchise fees, motor vehicle license fees, utility users ta�es, transient occupancy ta�es and business license taxes. - - 14illions $- SS $10 S15 �20 �25 $30 �35 S40 $45 550 City Council � I Ciry Clerk � � City Attomey � Adminish�ation �� ITS � I Human Resources �� Finance (_;�� Animal Control (-�� I Plannin� & Building (��� Police Department ��r�'�.�'..�������� 3,=�.,�'�c�4="::�;-�., ��.�'s�. - �:�. - �,�_.�.._ Fire „�°� - _ �, - - - -4�- �:w�: - <s:;rs;.�.��'`s'> r: -.� Public «Torks ���� �.r;4.;�: ��.��� . . - - - Recreation i�°� Library �� I I �Cost Recovery �f. Other Program Revenue ■Fines & Penalties nn Grants a Discretionary ATTACHAZEl�'TS Attachment 1: Board of Librarv Trustees. A4inutes of October 16. 2013 D4eetine Attachment 2: Cin�vide Cost Recovery Policy Attachment 3: Cost of Service Stud�� of User and Regulatory Fees; Selected Depanments—Part I (Summarv only; full anal}nical models on file �ith Cin� Clerk's Office) Attachment 4: Redline Master Fee Schedule (Chapter 3, Chapter 4; Chapter �, Chapter 6; and Chapter 1�, Section 1�-300) Prepared 6}�: T�am�Allen. Treasur}�A4anager, Finance Department 14-15 °,"°�'°",,,"° ATTACHD�EN��I/ ,(„,�..,'��.L,`r' � �� PUBLIC LIBRARY MINUTES cmoF CHUTA\'ISTA BOARD OF LIBRARY TRUSTEES CHUTAV!$T OCTOBER 16, 2013 CIVIC CENTER BRANCH LIBRARY 4:00 PM CONFERENCE ROOM BOARD MEMBERS PRESENT: CHAIR B. YOUNG; VICE-CHAIR J. BARNES; TRUSTEES E. MELLOR BOARD MEMBERS ABSENT: NONE CITY STAFF PRESENT: LIBRARY DIRECTOR BETTYWAZN/S OTHERS PRESENT: DIRECTOR OF FINANCE MAR/A KACHADOORIAN& TREASURY MANAGER T/FFANYALLEN CALL TO ORDER/ ROLL CALL Chair Young called the meeting to order at 4:08 p.m. I. APPROVAL OF MINUTES Motion made by Trustee Mellor and seconded by Vice-Chair Barnes to approve the meeting minutes from August 21, 2013. Motion carried. II. NEW BUSINESS - A. Presentation of proposed amendment to Chapter 5 (Library Fees) of the Chula Vista Master Fee Schedule Staff Recommendation: Board hears the presentation, provide comments and approve the proposed Master Fee Schedule amendment Treasurer Manager Allen distributed copies of Fee Bulletin 5-100 (dated May 2010). Finance staff explained and reviewed the documents with the Board. Chair Young stated that the Library's budget has declined for the past six years. The Board would like to remind City Council that the Library is under budgeted and the Master Fee Schedule does help recover the Library's budget. Finance Director Kachadoorian invited the Trustees to speak at the Council Meeting of November 19�'when the Master Fee Schedule will be presented. Motion made by Trustee Mellor and seconded by Vice-Chair Barnes to support and approve the fees as presented. 1 14-16 ATTACHMENTI MINUTES BOARD OF LIBRARY TRUSTEES III. OLD BUSINESS A. Chair Young requested an update on Fallen Heroes Art Exhibit Director Waznis reported that the group is changing their approach to the project. They want to display portraits of their loved ones. The project will be on display by Memorial Day. IV. LIBRARY DIRECTOR'S REPORT A. Status of Board of Trustees Vacancies - One candidate is scheduled to be interviewed next Monday. B. Strategic Vision Plan (Report on Workshop 8 Citizen Advisory Committee)— Chair Young stated that it was great seeing the number and diversity of community leaders in attendance at both the Strategic Vision Workshop and the Citizens Advisory Committee meeting. It showed that many people care about the Library. Director Waznis informed the Board that the Strategic Vision Plan is the first phase of the Master Facility Plan. A second Citizens Advisory Committee meeting is tentatively scheduled for December 4"', from 1:00-3:00 pm. C. Otay Expansion Status -The City and Otay Ranch Town Center has reached a tentative agreement and the draft lease agreement is under review. We are planning to move in on December 15`with minimum services. The anticipated opening date for regular hours is set for July 1, 2014. The expansion will allow for overflowing storytimes, largergroup meetings, small performances, rotating collections, study space and passport services. D. Heritage Museum Opening —The Chula Vista Police Departmeht Historical Exhibit opening event in August was very successful, with approximately 300 attendees. E. Affordable Care Act at Libraries —The Library is partnering with the San Ysidro Health Center to provide information to the public. F. Action in Regard to Homeless Population —The City is taking a three prong approach: 1) posting signs to prohibit e�ended & overnight parking, 2) creating enforcement zones -where there is children, there will be more aggressive policing and monitoring, and 3) working businesses to recover shopping carts. G. Conclusion of Successful Fall Lunch & Snack Partnership - Once again we had a very successful partnership with the Chula Vista Elementary School District to provide lunch & snacks for children who might be doing without during intersession. The program was combined with a movie or another activity. � 14-17 ATTACHAZENT 1 MINUTES BOARD OF LIBRARY TRUSTEES H. October— Focus on Partnerships with Health & Education Organizations Free flu shot clinics provided over 400 shots. I. Two Grants Accepted —The department received $10,000 from the Califomia State Library for literacy programs, and a $2,000 donation from the Target Corporation. J. PEG Fund Projects— Funds to help promote public access to technology will help fund the rewiring of the Library to provide better internet service and increase the number of Google Chromebooks available. K. 2014 GMOC (Growth Management Oversight Commission)—Will be meeting on October 17�" at 6 pm to review Library information. _ V. COMMUNICATIONS A. Friends of the Chula Vista Library— None B. Chula Vista Public Library Foundation — None C. Public Comments — None D. Written Comments—None E. Board Comments 1) Trustee Mellor expressed concerns about the possible closing of the Living Coast Discovery Center 2) Chair Young inquired whether the current regular meeting schedule was suitable and requested to agendize the item at the next meeti�g. VI. ADJOURNMENT Meeting was adjourned by Chair Young at 5:17 p.m. The next Board of Library Trustees meeting will be on Wednesday, November 20, 2013 at 4:00 p.m. 3 14-18 ATTACHMENT 2 COUI��CII,POLICP CIT1' OF CHULA��ISTA SUBJECT: Cih-c��de Cost Reco�•en'Policy POLICY EFFECTIVE NU1�IBER DATE PAGE 1�9-03 06/08/2010 I of� ADOPTED BY: Resolution No.: 2010-14� DATED: 06/08/2010 A.��ENDED BY: Resolution No. (date of resolution) BACKGROI.JND: As the City continues its efforts to���ard a sustainable budget that ���ill withstand uncertain economic times in the lone term, it is appropriate that cost recovery levels be established for services for which a fee is chareed. The foundation of effective cost recovery is a well conceived, re�ulazlv reviewed policy. Such a policy provides a euideline for setting fees given tfie full cost of each service, allowin� optimum cost-recovery rates for certain services and alleviating unintended subsidization of these services from General Fund resources. A cost recovery policy provides guidelines for setting fees eiven the full cost of service. It does not bind policy makers to increasine or decreasine fees, but provides a rationale for doina so. The lo�ver fees aze set relative to full cost recovery, the more General Fund dollazs aze required to maintain the service. This additional support must then be weighed against the other needs for General Fund resources, includin� needs �vhich may not have similaz cost reco��ery options. V�'hile a primarv mission of eoceinment is to satisfy communiry needs, many city services solely benefit specific individuals or businesses. It has been the general policv of the Cih� Council that the public at laree should not subsidize acti�ities of such a private interest through oeneral tax revenues. Therefore, the Ciry has established user fees to best ensure that those �i�ho use a proprietarv sen�ice pav for ihat service in proportion to the benefits received. ��'ith few exceptions, such as those services provided for lo�r-income residents, fees ha�e been set to enable the City to recover ihe full cost of providins those services. PURPOSE: The purpose of this Policy is to establish a city���ide cost recovery policy; including: 1. Provisions for ongoing review; 2. Process for establishing cost recovery levels (includin� factors to be considered and eeneral concepts); and 3. Target cost recovery levels for each program offered by the City. 14-19 ATTACHn4ENT 2 COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Citywide Cost Recovery PoGcy POLICY EFFECTIVE NUMBER DATE PAGE 159-03 06/08/2010 2 of 5 ADOPTEDBY: ResolutionNo.: 2010-145 DATED: 06/08/2010 AMENDED BY: Resolution No. (date of resolution) POLICY: Provision for Onaoing Review Fees �vill be periodically reviewed in order to keep pace with changes in the cost of living and methods or levels of service delivery. In order to facilitate a fact-based approach to this review, a comprehensive analysis of the city's costs and fees should be made at least every five years. In the interim; fees «�ill be adjusted annually each October 1, by either: 1. Annual change in the City's operating budget; or 2. Annual chanee in the San Diego area's Consumer Price Index for all Urban Consumers All updates will be based upon the July to July change in the subject inde� for the prior year (or portion thereof in the instance of mid-year fee updates). Process for Establishina Cost Recoverv Levels Factors to be Considered The following factors will be considered �vhen setting cost recovery levels for user fees. 1. Community-wide versus special benefit The use of general purpose revenue is appropriate for community-wide services while user fees are appropriate for services that are of special benefit to easily identified individuals or groups. Full cost recovery is not al�vays appropriate. 2. Service recipient versus service driver After considering community-wide versus special benefit for the service, the concept of service recipient versus service driver should also be considered. Pazticularly for services associated with regulated activities (development review, code enforcement), from which the community primarily benefits, cost recovery from the `driver' of the need for the service (applicant, violator) is appropriate. 3. Consistency with Cit}� public policies and objectives City policies and Council goals focused on long term improvements to community quality of life ma also im act desired fee levels as fees can be used to chan e communit behaviors, 14-20 - ATTACHA4EI`iT 2 COUI�'CIL POLICY CITI' OF CHLJLA VISTA SUB.TECT: CinT�ide Cost Recover}�PoGcy POLICY EFFECTIVE 1��'IBER DATE PAGE 1�9-03 06/08/2010 3 of� ADOPTED B1': Resolution No.: ZO10-14� � DATED: 06/08/2010 ?u14ENDED BY: Resolution No. (date of resolution) promote certain activities; or provide fundine for pursuit of specific community goals. For example, the Ciri� has historically subsidized buildine pemuu for photovoltaic sysiems in order to promote theu use in the communitv. y 4. Elasticiri of demand Pricing of services can si2nificantly impact demand. At full cost recovery; this has the specific advantage of ensuring that the Cih� is providine sen�ices for �vhich there is a genuine mazket; and that it is not over-stimulated by artificially low prices. Converselv, high levels of cost recovery may neeatively impact the deliverv of services to lo�ver income groups. This ne�ative feature can work aeainst public policy, especially if the services are specifically tazgeted to lo�v income groups. i. Feasibiliri� of collection Althoueh it may be detemuned that a hi�h level of cost reco�ery may be appropriate for specific services; it may be impractical or too costiv to establish a system to identify and chazee the user. The method of assessine and collectine fees should be as simple as possible in order to reduce the administrative cost of collection. � General Concepts 1. Revenues should not e�ceed the reasonable cost of providine the service. 2. Cost reco��ery �oals should be based on the total cost of delivering the service; as calculated usine the fully burdened hourly rates de�eloped in the City's Cost Allocation Plan (CAP), includin� d'uect cosu; depaRmental administration costs and oreanization �vide supports costs such as accounting; personnel; informational technolo2}•, legal services, fleet maintenance and insurance. 3. The method of assessing and collectin� fees should be as simple as possible in order to reduce the administrative cost of collection. 4. Rate structures should be sensitive to the `market' for similaz services as well as to smaller, infrequent users of the service. �. A unified approach should be used in determinine cost recoven� levels for various programs based on the factors discussed above. ATTACHMENT2 COUNCIL POLICY CITY OF CIIULA VISTA SUBJECT: Cit���ide Cost Recovery Policy POLICY EFFECTIVE NUMBER DATE PAGE 159-03 06/08/2010 4 of 5 ADOPTED BY: Resolution No.: 2010-145 DATED: 06/08/2010 AMENDED BY: Resolution No. (date of resolution) Determination of Cost Recovery Levels Level I: 0% -30% Low cost recovery levels (0%-30%) are appropriate under the following circumstances: 1. There is no intended relationship bet�veen the amount paid and benefit received. Almost all `social service' programs fall into this category. 2. Collecting fees is not cost effective or will significantly impact the efficient delivery of the service. 3. There is no intent to limit the use (or entitlement to) the service. Again, most `social service' programs fit into this category as well as many public safety services. Historically, access to neighborhood and community parks �vould also fit into this category. 4. The service is non-recu�ring, generally delivered on a `peak-demand' basis, and is not readily available from a private sector source. Many public safety services also fall into this category. 5. Collecting fees �i�ould discourage compliance with regulatory requirements and adherence is primarily self-identified, and as such, failure to comp]y would not be readily detected by the City. Many small-scale licenses and permits fall into this category (hot water heaters, garage sale permits, etc.) 6. The public at large benefits even if they are not the direct users of the service. Level II: 30% - 70% Services with factors associated with both Level I and Level III cost recovery levels would be subsidized at a mid-level of cost recovery (30%-70%). See Level I and Level III sections of this Policy for a description of these factors. Level III: 70% - 100% Higher cost recovery levels (70%-100%) are appropriate under the following circumstances: 1. The service is similar to service provided through the private sector. 2. Other private or public sector altematives could or do exist for the delivery of the service. 3. For equity or demand management purposes, it is intended that there be a direct relationship betw�een the amount paid and the level and cost of the service received. 4. The use of the service is specifically discouraged. Police responses to disturbances or false alarms might fall into this category. 5. The service is regulatory in nature and voluntary compliance is not expected to be the primary method of detectin� failure to meet regulatory requirements. Building permit, plan checks. and subdivision review fees for large projects would fall into this category. ATTACHA�NT 2 COLi�'CII.POLICY CITY OF CI�ULA VISTA SUBJECT: Cih���ide Cost Recovery Policti� POLICY EFFECTIVE NU1�4BER DATE PAGE 1�9-O.i 06/08/2010 5 of� ADOPTED BP: Resolution No.: 2010-145 D�TED: 06/08/2010 �NIENDED BY: Resolution No. (date of resolution) Tareet Cost Recoven� Levels bv Proeram . , . � . � . . , � � . � . General Governmeot City Clerk Fees III - (70°/a - 100%) Information TechnoloQy Fees III (70% - ]00%) Finance Fees II (30% - 70%) Special EventsBlock Parties/Filmine II (30% - 70%) Public Saferi� Animal Control Fees I (0% - 30%) Police Department Fees III (70% - 100%) Fire Department Fees; operational permits II (30% - 70%) Fire Department Fees; construction permits III (70% - 100%) Pazking Fees II (30% - 70%) Communitv Sen�ices Library Department Fees I (0°/a - 30%) Recreation Department Fees II (30% - 70%) Developmeut Services Building Fees, escept subsidized permits� lII (70% - 100%) Buildin? Fees, subsidized permits ' II (30% - 70%) Engineering Fees III (70% - 100%) Planning Fees, e�cept subsidized permits z III (70% - ]00%) Planning Fees, subsidized permiu' II (30% - 70%) Se��•er Fees Construction & Connection III (70% - 100%) Se���er Service III 70% - 100% ' Subsidized Building permits include photovoltaic systems and water heater and gas line replacements. '' Subsidized Plannina ertnits include Laree Familv Da��caze,Historic Desi¢nation.and Mills Act S[a[us. 14-23 .F` .a �uIG'i- H N '�y- ,�1. • -k�• t o..v.,-1.���-.. "6c '°i'w;Jl:r .:i,i,y;y�y. ' a��"•:'`�` Iti� rvy ' �y� � ar'>�. a�..'�.+�� '�ia.Z"�� nt. �•��It,;L� . r.r.�• ?. '�M1y} P5i yie-�':,ti - �-1� ,H:o°- �,� { 5"t� y�., 'k ��'•i°'� ?}'��,�'s,p .�'5�.. ����: �'�^��� n:• 't �i'r�Ar"' }� `>.}r; t' ` ^t57,-._^}� s.w,,,{r ;,, 'rf� , .�. z'.i.w�� ,rtro' .�,-�''' �g., �;'',,°��.; ,"�,,ti'", ,H�,,;«`�"�r,�,�;,,�?,,�'�:'�:�k,; ,t. A..�TTACH�MENT1J y,;��e� cY'!'AS;P;�. :�� � y �. q '.v��r.� ' i". E y s'•..•',W ''_L,-. 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Yr. v,_ _.i .: T`+.x , ���3�.. � , � - _ ATTACIII4ENT 3 TABLE OF CONTENTS Section 1 - Executive Summary...............................................................................................................1 Purpose....................................................................................................................................................i Outcomes — Cost of Service Study of User and Regulatory Fees .................................................1 ReportFormat.........................................................................................................................................2 Introduction..............................................................................................................................................3 Scopeof Study...:...................................................................................................................................3 Methodsof Analysis...............................................................................................................................4 Costof Service Analysis....................................................................................................................5 FeeEstablishment.............................................................................................................................� Cost Recovery Evaluation......................................................................................:..........................7 Comparative Fee Survey ..................................................................................................................9 DataSources..........................................................................................................................................9 -_. . . . Section2 —Animal Care .......................:.:.-......:.......................................................................................11 Costof Service Analysis .....................................................................................................................11 Fee Establishment and Cost Recovery Evaluation.........................................................................il Section3 — Library...................................................................................................................................13 Costof Service Analysis .....................................................................................................................13 Fee Establishment and Cost Recovery Evaluation....:.....................................:..............................13 Section4 - Police.....................................................................................................................................15 Costof Service Analysis .....................................................................................................................15 Fee Estabiishment and Cost Recovery Evaluation.........:...............................................................is Section5 - Fire .........................................................................................................................................1� Costof Service Analysis .....................................................................................................................17 Fee Establishment and Cost Recovery Evaluation.........................................................................17 Section6 — Conclusion............................................................................................................................i9 Appendices A: Fully Burdened Hourly Rate Analysis Animal Care Appendix A.1 Library Appendix A.2 Cost of Service Study—City of Chula Vista Prepared by NBS - December 2013 TOC 14-25 ATTACHMENT 3 Police Appendix A.3 Fire Appendix A 4 B: Cost of Service Analysis Animal Care Appendix 6.1 Library Appendix 6.2 Police Appendix B.3 Fire Appendix 6.4 C: Comparative Fee Survey Appendix C Animal Care Appendix C.1 Library _ _ Appendix C2 Police Appendix C.3 Fire Appendix C.4 14-26 ATTACHng\T3 Section 1 - Executive Summary Purpose The purpose of this report is to describe the findings and recommendations of the Cost of Service Study of User and Regulatory Fees performed by NBS for the City of Chula Vista. The City's chief purposes in conducting the Cost of Service Study of User and Regulatory Fees is to ensure fhat existing fees are calibrated to the costs of service, and to provide an opportunity for the City Council to optimize its revenue sources, provided that any increased cost recovery from user fees and regulatory fees would not conflict with broader City goals and values. . It is generally accepted in California that cities are granted the authority to impose user fees and regulatory fees for services and activities they provide through provisions of the State Constitution. First, cities are granted the ability to perform broad activities related to their tocal policing power and other service authoriry as defined in Article XI, Sections 7 and 9. Second, cities are grented the ability to establish fees for service through the framework defined in Article XIIIB, Section 8. Under this latter framework, a fee may not exceed the estimated reasonable cost of providing the service or performing the activity. For a fee to qualify as such, it must relate to a service or activity under the control of the individual/entity on which the fee is imposed. For exampte, the individuaUentity requests service of the municipality or his or her actions specifically cause the municipality to perform additional activities. In this manner, the service or the underlying action causing the municipality to perform service is either discretionary and/or is subject to regulation. As a discretionary service or regulatory activity, the user fees and regulatory fees considered in this study fall outside requirements that must otherwise be followed by the City to impose taxes, special taxes, or fees imposed as incidences of property ownership. Outcomes — Cost of Service Study of User and Regulatory Fees This cost of service study examined user and regulatory fees managed by the City departments and programs shown in the table below. The study identified approximately $859,000 currently collected per year from fees for service, versus, 53.7 million eligible for recovery from fees for service. The following table provides a summary of results by department or division studied: � � . . . , . , . , . � � . . . � Animal Care � 452 000 � • 2 560 000 � 2 108 000 � 18% , Libra � 1 380 � 4 000 � S 2 620 � 35% Police � 406 000 � 585 000 � 179 000 � 69% Fire � S - � S 523 000 ( S 523 000 � 0% . . :� � ii . � Figures in the table above have been rounded to the nearest thousand dollar increment, for ease of discussion and reporting purposes. These estimates are calculated based on average cost per activity and annual activity volumes, and do not tie exactly to actual or future revenues earned. As shown, the : Cost of Service Study—City of Chula Vista 1 Prepared by NBS — December 2013 14-27 ATTACHA�ENT 3 City is recovering approximately 23% of costs associated with providing user and regulatory fee related services. Should the City Council decide to adopt a policy of 100% recovery for all fees included in the report, approximately 52.8 million in additional costs could be recovered, assuming no change in the annual volume of fee related services provided. However, as discussed in Section 1 of this report, there are many economic, political, and behavioral reasons a city's staff or policy makers would not recommend or adopt fees at 100% of their costs. For these reasons, City staff made an initial effort to incorporate past cost recovery policy direction through providing "recommended fee" input for each Department studied. At recommended fee levels, the study identified a cost recovery target of approximately $2.9 million. The following table provides a summary of recommended fee revenue impacts discussed in this report: Animal Care I asz o0o I � z sso 00o I • �a i i i aoz o0o I �o^io Libra � 1 380 � 4 000 � 35% � 2 000 � 50°/ Por�e I aos o0o I sas oao I ss�ro ! ass o0o I as^i F�re I s - I s szs,000 I .. o.00^ro I s szs,00a I �oo°i :� �.� : � ��� At recommended fee levels, the City would recover approximately 77% of costs associated with providing user and regulatory fee related services. Should the City Council decide to adopt a policy of reflecting the recommended fee levels in this report, approximately $1.95 million in additional costs would be recovered, assuming no change in the annual volume of fee related services provided. � Report Format This report documents the analytical methods and data sources used throughout the study, presents analytical results regarding current levels of cost recovery achieved from user and regulatory fees, and provides a comparative survey of fees imposed by neighboring agencies for similar services. • Sections 1 through 5 discuss the approach to and results of the Cost of Service Study of User and Regulatory Fees, segmented by category of fee and/or department. • Section 6 provides the grand scope conclusions of the analysis provided in the preceding sections. • Appendices A through C to this report include detailed cost of service analytical results for each department or division studied and a comparison of fees to surrounding agencies. Please consult the City's staff report for the proposed Master Fee Schedule document, which is based on the recommendations contained within this report. Cost of Service Study—City of Chula Vista 2 Prepared by NBS—December 2013 14-28 ATTACHA�?�T 3 Section 1 - Cost of Service Study of User and Regulatory Fees Introduction The purpose of this report is to describe the findings and recommendations of the Cost of Service Study performed by NBS to update and establish user fees and regulatory fees for the City of Chula Vista, California. It is generally accepted in California that cities are granted the authority to impose these user fees and regulatory fees for services and activities they provide through provisions of the State Constitution. First, cities are granted the abiliry to perform broad activities related to their local policing power and other service authority as defined in Article XI, Sections 7 and 9. Second, cities are granted the ability to establish fees for service through the framework defined in Article XIIIB, Section 8. Under this latter framework, a fee may not exceed the estimated reasonable cost of providing the service or performing the activity. For a fee to qualify as such, it must relate to a service or activity under the control of the individuallentiry on which the fee is imposed. For example, the individuaVentity requests service of the municipatity or his or her actions specifically cause the municipality to perform additional activities. In this manner, the service or the underlying action causing the municipality to perform activities is discretionary. As a discretionary service or activity, the individual/entity can avoid the fee. Therefore, the user fees and regulatory fees considered in this study fall outside requirements that must othenvise be followed by the City to impose taxes, special taxes, or fees imposed as incidences of properry ownership. The City's chief purposes in conducting this study were to ensure that existing fees were calibrated to the costs of service and to provide an opportunity for the City Council to optimize its revenue sources, provided that any increased cost recovery from user fees and regulatory fees would not conflict with broader City goals and values. The following sections of this report document the analytical methods and data sources used throughout the study, and present recommended cost recovery targets from fees. Appendices to this report include: • Complete cost of service analysis for each department studied • Summary of the increase or decrease of each recommended fee amount over the City's current fee amount • Comparative fee survey of Chula Vista' fees to other agencies Scope of Study The following categories of fees were examined in this study: • Animal Care services fees, including: — Dog Licenses — Animal Adoption — Animal Impound & Relinquishment — Vaccinations and Veterinary Fees • General Library fees, including: — Library Cards Cost of Service Study—City of Chula Vista 3 Prepared by NBS— December 2013 1 4-29 ATTACHMENT3 — Books — Local History Collection — Other Services (Test Proctoring, Research) • Police fees, including: — Records and Documents — Processing — Bicycle Licenses — Property Recovery — Vehicle Impound — Hotel and Motel permitting — Emergency Response — Business Regulatory Permits • Fire fees for the emergency response cost recovery program To review the complete list of individual fees included in this study, refer to Appendix B, which provides the complete Cost of Service Analysis and Recommended Fee levels for the City. The fees examined in this study specifically excluded fees subject to Proposition 218 requirements and development impact fees. Additionally, this study and the resultant master fee schedule excluded most of the fines and penalties that may be imposed by the City for violations to its requirements or code. The City is not limited to the costs of service when imposing fines and penalties Methods of Analysis There were three primary phases of analysis used throughout this Cost of Service Study: 1) Cost of service analysis 2) Fee establishment 3) Cost recovery evaluation Cost of Service Study—City of Chula Vista 4 Prepared by NBS—December 2013 14-30 ATTACHMENT3 Cost of Service Analysis A cost of service analysis is a quantitative effort which compiles the full cost of providing governmental services and activities. There are lwo primary types of costs considered: direct and indirect costs. • Direct costs are those which specifirally relate to the activity in question, including the real- time provision of the service. • Indirect costs are those which support the provision of services but cannot be directly or easily assigned to the activity in question. An example of a direct cost is the salary and benefit expense associated with an individual performing a service. In the same example, an indirect cost would include the expenses incurred to provide an office and equipment for that individual to perform his or her duties, including (but not exclusive to)the provision of the service in question. In this Study, direct and indirect costs are further broken down into components of the full cost of service, described as follows: • Labor costs — These are the salary/wage and benefits expenses for City personnel specifically involved in the provision of services and activities to the public. • Indirect labor costs — These are the salary/wage and benefits expenses for City personnel supporting the provision of services and activities. This can include line supervision and departmental management, administrative support within a department, and staff involved in technical activities related to the direct services provided to the public. • Specific direct non-labor costs —These are discrete expenses incurred by the Ciry due to a specific service or activity performed, such as contractor costs, third-party charges, and very specific materials used in the service or activity. (In most fee types, this component is not used, as it is very difficult to directly assign most non-labor costs at the activity level.) • Allocated indirect non-labor costs — These are expenses other than labor for the departments involved in the provision of services. In most cases, these costs are allocated across all services provided by a department, rather than directly assigned to fee categories. • Allocated indirect organization-wide overhead—These are expenses, both labor and non- labor, related to the City's organization-wide support services. The amount of costs attributable to each fee program included in this study was developed by the City through their internally prepared Cost Allocation Plan for Fiscal Year 2011-12. These cost components are expressed using annual (or annualized) figures, representing a twelve-month cycle of expenses incurred by the City in the provision of all relevant services and activities. Nearly all of the fees under review in this study require specific actions on the part of City staff to provide the service or conduct the activity. Because labor is an underlying factor in these activities, the full cost of service is appropriately expressed as a fuliy burdened cost per available labor hour. This labor rate is expressed as an individual composite rate for each program included in the fee study, and serves as the basis for further quantifying the average full cost of providing individual services and activities. To derive the fully burdened labor Fate for any program, lwo figures are required: the full costs of service and the number of hours available to perform those services. The full costs of service are quantified Cost of Service Study—City of Chula Vista 5 Prepared by NBS — December 2013 14-31 ATTACHMENT3 generally through the earlier steps described in this analysis. The number of hours is derived from a complete listing of all personnel employed by the City and reflected in the labor expenses embedded in the full cost of service. Each City employee is assigned a full-time equivalent factor. An employee working full-time has a factor of 1.0; an employee working exactly half-time has a factor of 0.5. A full-time employee is paid for roughly 2,080 hours per year of regular time. Using this as an initial benchmark of labor time, each employee's full-time equivalent factor is applied to this amount of hours to generate the total number of regular paid hours in each departmental program. Next, each employee's annual paid leave hours are approximated and removed from the total number of regular paid hours to generate the total number of available labor hours in each departmental program. These available hours represent the amount of productive time during which services and activities can be performed. The productive labor hours are divided into the annual full costs of service to derive a composite fully burdened labor rate for each departmental program. This schedule of composite labor rates is used in this Fee Study to quantify costs at an individual fee level. It should be noted, however, that the composite labor rates may also be used by the City for other purposes when the need arises to calculate the full cost of general services. For nearly all services and activities in a governmental agency — not just those reflected in a fee schedule—labor time is the most accessible and reasonable underlying variable. Once fully burdened labor rates are developed, they are used at the individual fee level to estimate an average full cost of providing each service or activity. For most departments studied, this step required development of staff time estimates for the services and activities listed in the master fee schedule. In a few of the departments studied, the City's time tracking records identified the estimated time required to perform an individual request for service. Interviews and questionnaires develop the necessary data sets describing estimated or tracked labor time. In most cases, departments estimate the average amount of time (in minutes and hours) it takes to complete a typical occurrence 'of each service or activity considered. Every attempt is made to ensure that each department having a direct role in the provision of each service or activity provides a time estimate. Development of time estimates is not a one-step process: estimates received are carefully reviewed by both consultant and management to assess the reasonableness of such estimates. Based on this review, time estimates are reconsidered until all parties agree that they reasonably reflect average workload at the City. Once finalized, staff time estimates are applied to the fully burdened labor rate for each departmental program to yield an average full cost of the service or activity. The average full cost of service was just that: an average cost at the individual fee level. The City does not currently have the systems in place to impose fees for every service or activity based on the actual amount of time it takes to serve each individual. Moreover, such an approach is almost universally infeasible without significant— if not unreasonable — investments in costly technology. Much of the City's fee schedule is composed of flat fees, which by definition, are linked to an average cost of service. Thus, use of this average cost method was the predominant approach in proceeding toward a schedule of revised fees. Flat fee structures based on average costs of service are widely applied among other California municipalities, and it is a generally accepted approach. The above-described steps were used for each department to describe the costs of general services, including those activities related to an existing or newly considered fee. For several subsets of fees, some deviations in analytical methods were taken to provide supplemental information in defining the full costs of services. Cost of Service Study—City of Chula Vista 6 Prepared by NBS—December 2013 14-32 ATTACHngtiT3 The complete cost of service analysis developed for each department or division considered in this study ' are discussed in the subsequent chapters and appendices of this report. Fee Establishment Calculating fees during this study includes a range of fee structure evaluation activities, described below: • Addition to and deletion of fees imposed — The study process provides each department the opportunity to propose additions and deletions to their fee schedules, as well as rename, reorganize, and clarify fees imposed. Many such revisions were performed to better conform fees to current practices, as weil as improve the calculation of fees owed by an individual, the application of said fees, and the collection of revenues. In other words, as staff is more knowledgeable and comfortable working with the fee schedule, the accuracy achieved in both imposing fees on users and coilecting revenues for the City is greater. Beyond this, some additions to the fee schedule were simply identification of existing services or activities performed by City staff for which no fee was imposed. - - . Revision to the structure of fees — In most cases, the current structure of fees was sustained; the level of the fee was simply recalibrated to match the costs of service and targeted cost recovery level. In several cases, however, the manner in which a fee is imposed on a user was changed. In the majority of cases in which this was done, the primary objective was to simplify the fee structure, or increase the likelihood that the full cost of service would be recovered. Proposed fees, if other than the full cost recovery amount established through this analysis, are summarized in each subsequent section of this report, and further detailed and presented in the reporYs Appendices. Cost Recovery Evaluation CuRent levels of cost recovery from existing fee revenues were stated simply by comparing the existing fee for each service or activity — if a fee was imposed — to the average full cost of service quantified through this analysis. Cost recovery was expressed as a percentage of the full cost. H cost recovery rate of 0% means no costs are recovered from fee revenues. A rate of 100% means that the full cost of service is recovered from the fee. A rate between 0% and 100% indicated partial recovery of the full cost of service through fees. A rate greater than 100% means that the fee exceeded the full cost of service. User fees and regulatory fees examined in this study should not exceed the full cost of service. In other words, the cost recovery rate achieved by a fee should not be greater than 100%. In most cases, imposing a fee above this threshold could require the consensus of the voters. Determining the targeted level of cost recovery for a new or increased fee is not an analytical exercise. Instead, targets reflect agency-specific judgments linked to a variety of factors, such as existing City policies, agency-wide or departmental revenue objectives, economic goals, community values, market conditions, level of demand, practicality of collection, and others. A general means of selecting an appropriate cost recovery target is to consider the public and private benefits of the service or activity in question. To what degree does the public at large benefit from the service? To what degree does the individual or entity requesting, requiring, or causing the service Cost of Service Study—City of Chula Vista 7 Prepared by NBS— December 2013 14-33 ATTACHMENT 3 benefit? When a service or activity completely benefts the public at large, it can be argued reasonably that there should be no cost recovery from fees (i.e., 0% cost recovery): that a truly public-benefit service is best funded by the general resources of the City, such as discretionary General Fund revenues (e.g., taxes). Conversely, when a service or activity only benefits an individual or entity, it can be argued reasonably that 100% of the cost should be recovered from fees collected from the individual or entity. An example of a completely private beneft service may be a request for exemption from a City regulation or process. Under this approach, it is often found that many governmental services and activities fall somewhere between these two extremes, which is to say that most activities have a mixed benefit. In the majority of those cases, the initial cost recovery level targeted may attempt to reflect that mixed public and private benefit. For example, an activity that seems to have a 40% private beneft and a 60% public benefit would yield a cost recovery target from fees of 40%. An example of a mixed benefit service may be the review and approval of private work that would affect the public right-of-way; the City's involvement allows the private work to proceed while protecting the safety in and access to the area by the general public. In some cases, a strict public-versus-private benefit judgment may not be sufficient to finalize a cost recovery target. Any of the following other factors and considerations may influence exclusively or supplement the public/private benefit of a service or activity: • If optimizing revenue potential is an overriding goal, is it feasible to recover the full cost of service? • Will increasing fees result in non-compliance or public safety problems? • Are there desired behaviors or modifications to behaviors of the service population that could be helped or hindered through the degree of pricing for the activities? • Could fee increases adversely affect City goals, priorities, or values? For specific subsets of City fees, even more specific questions may influence ultimate cost recovery targets: • Does current demand for services support a fee increase without adverse impact to the citizenry served or current revenue levels? (In other words, would fee increases have the unintended consequence of driving away the population served?) • Is there a good policy basis for differentiating between type of users (e.g., residents and non- residents, residential and commercial, non-profit entities and business entities)? • Are there broader City objectives that inform a less than full cost recovery target from fees, such as economic development goals and local social values? Because this element of the study is sub�ective —the consultant in charge of the analytical outcomes of this study has provided the full cost of service information and the framework for considering fees, while those closest to the fee-paying population — the City departments — have considered appropriate cost recovery levels at or below that full cost. Consult the Appendices of this report for a presentation of calculations of the full cost of service, recommended fee levels, as well as the percentage change between the City's current and recommended fees. Cost of Service Study—City of Chula Vista 8 Prepared by NBS— December 2013 14-34 ATTACHMENT3 Comparetive Fee Survey Results of a Comparative Fee Survey for the City of Chula Vista are available as an appendix to this report. NBS worked with the City to identify relevant comparative agencies for each department studied. Often policy makers request a comparison of their jurisdiction's fees to surrounding communities or similar scopes of operations. The purpose of a comparison is to provide a sense of the local market pricing for services, and to use that information to gauge the impact of recommendations for fee adjustments proposed by the consultanYs report and staff recommendations. Comparative fee surveys do not, however, provide information about the cost recovery policies or procedures inherent in each comparison agency. A"market based" decision to price services at below the cost of service analysis results shown for the City of Chula Vista, is the same as making a decision to subsidize that service. Comparative agencies may or may not base their fee amounts on the estimated and reasonable cost of providing services. This comparison to other cities integrates Chula Vista's restructured fee schedule, and atso adapts existing fee amounts to the new structure. The survey compares average current fee amounts to those of other surveyed agencies to provide information on how the City currently compares, before action to increase or decrease fees for service are taken. Data Sources The following City-published data sources were used to support the cost of service analysis and fee establishment phases of this study: • The City of Chula Vista's Adopted Budget for Fiscal Years 2013-14. • A complete listing of all City personnel, salary/wage rates, regular hours, paid benefits, and paid leave amounts— provided by the Finance Department. • Various correspondences with the City staff supporting the adopted budgets and current fees, including budget notes and expenditure detail not shown in the published document. • Prevailing fee schedules provided by each invotved department. • Time tracking data per project, whenever available. The City's adopted budget is the most significant source of information affecting cost of service results. It should be noted that consultant did not conduct separate efforts to audit or validate the City's financial managgment and bu_dget practices, nor was cost information adjusted to reflect different levels of service or any specific, targeted performance benchmarks. This study has accepted the City�s budget as a legislatively adopted directive describing the most appropriate and reasonabie level of City spending. Consultants accept the City Council's deliberetive process and ultimate acceptance of the budget plan and further assert that through that legislative process, the City has yielded a reasonable expenditure plan, valid for use in setting cost-based fees. Beyond data published by the City, original data sets were also developed to support the work of this study: primarily, estimated staff time at various fevels of detail. To develop these data sets, consultants prepared questionnaires and conducted meetings and interviews with individual departments. In the fee Cost of Service Study—City of Chula Vista 9 Prepared by NBS—December 2013 14-35 ATTACHn4ENT 3 establishment phase of the analysis, departmental staff provided estimates of average time spent providing a service or activity corresponding with an existing or new fee. Consultants and departmentai management reviewed and questioned responses to ensure the best possible set of estimates. The final sets of labor time estimates used in this study are reflected throughout the cost of service analysis included in the appendices to this report. Cost of Service Study—City of Chula Vista 10 Prepared by NBS—December 2013 14-36 ATTACHA4ENT 3 Section 2 — Animal Care Many activities and services provided by Chuta Vista's Animal Care Department are not recoverable via user or regulatory fees, such as ongoing patrol and complaint response services. The scope of analysis reviewed various fees associated with licensing, impound and relinquishment, and veterinary services. Cost of Service Analysis NBS developed a composite fully-burdened blended hourly rate for the Animal Care Department, summarized in the table below: Exoenditure Tvoe Direct Services and Pctivities --� -- ----- --- Labor __ — — 5 1,798�209 Recurring Non-Labor , �____ _ $ _593,037 TotallndirectOverhead S 4a0,8a5 Allocated Common Activities _________ _ S _77_,621 —�— — DepartmentTotal S 2,909,706 ��s °�;�SSi��, ';�''�iiz, �L=-,_�•r��'_~��_� Rate Basis:Productrve Hours 37,964 Please consult Appendix A.1 for more information on the calculation of the above rate. Fee Establishment and Cost Recovery Evaluation Appendix 8.1 presents the results of the detailed cost recovery analysis for fee recoverable services. The "Cost of Service per Activity° column establishes the legal maximum at which a fee could be charged for the corresponding service identified in the"Fee Activity° list. The following table provides a summary of results for the Animal Care Department: Animal Care I asz.000 I s z seo 00o I is�ro i s �.soz.000 I �o�� The Animal Care Department collects approximately S452,000 in fee related revenue per year, at project activity levels assumed for the most recent complete fiscal year. If the City were to implement each fee level at the calculated "Cost of Service per Activity" amount, approximately S2.56 million per year in costs could be recovered, assuming no change in the annual volume of fee related services provided. When annual current fee revenue is compared to the total cost of providing services, the DepartmenPs fees currently recover approximately 18%of eligible costs. It is common for many Animal Care fees to be either capped by the State, or set below the maximum full cost recovery amount established through a user and regulatory fee study. The consultant in charge of the analytical outcomes of this study has provided the full cost of service information and the framework Cost of Service Study–City of Chula Vista 11 Prepared by NBS–December 2013 14-37 ATTACHMENT3 for considering fees, while those closest to the fee-paying population —the City departments�onsidered appropriate cost recovery levels at or below that full cost. If fees were adopted at the"Recommended Fee Level" shown in Appendix 6.1, approximately $1.8 million per year in costs would be recovered, and the Departments fees would recover approximately 70% of eligible costs. Cost of Service Study—City of Chula Vista 12 Prepared by NBS— December 2013 14-38 ATTACHMENT 3 Section 3 — Library Most activities and services provided by Chula Vista's Library Department are not recoverable via user or regulatory fees. The scope of this user and regulatory fee analysis for the Library Department focused solely on various administrative processing fees. Cost of Service Analysis For the Library Department, fees were calculated following fully-burdened labor rates that were derived for several specific categories of personnel. This was performed uniquely for this Department, in order to conform to the manner in which it examines and understands its own provision of services and activities. It is simply an alternate methodology that allowed the Department to better participate in the Fee Estab'lishment phase of the analysis. The table below illustrates the fully-burdened hourly rate for labor performed by personnel in the Library Department: Direct Direct DirectServices Servicesand Expenditure Tvpe and Activities- Activities- Services and City Staff RMe Hourty StaH �tivities- Rate Total All SWH Labor _ — -- 5 1.352.506 $ 526,448 5 1.908.954 Recurting Non-Labor 5 293.956 S 115,924 S 409,8&1 City�vide Overhead 5 328,854 S 125,225 5 454,080 AlbcatedCommonActivities 5 777.231 5 274,543 5 991.774 � Department Total S 2,722,548 5 1.042,140 S 3,764,688 --r --��_,-a;]e��- �,�---r,r enn r�?'-•— . s- -- :.-,ad'���` '-sY�'t'si:;.:��..��.�.'+i=^�.s`.�:�!L2'= Ra;e Basis:P(oducfise Hours 22,737 � 34,184 �56,922 Appendix A.2 to this report contains additional detail regarding calculation of the DepartmenYs fully- burdened hourly rates. Fee Establishment and Cost Recovery Evaluation Appendix B2 presents the results of the detailed cost recovery analysis for fee recoverable services. The "Cost of Service per Activity° column establishes the legal maximum at which a fee could be charged for the corresponding service identified in the"Fee Activity° list. The following table provides a summary of results for the Library Department: �. Libra I S i.sao I ._ . .a.000 I , ss��..- i s z o0o I so�io Cost of Service Study—City of Chula Vista 13 Prepared by NBS — December 2013 14-39 ATTACHMENT3 The Library collects approximately $1,400 in fee related revenue per year, at project activity levels assumed near the most recent complete fiscal year. If the City were to implement each fee level at the calculated "Cost of Service per Activity" amount, approximately $4,000 per year in costs could be recovered. When annual current fee revenue is compared to the total cost of providing services, the Division's fees currently recover approximately 35% of eligible costs. NBS provided the full cost of service information and the framework for considering fees, while those closest to the fee-paying population — the City departments — have considered appropriate cost recovery levels at or below that full cost. Section 1 of this report may be referenced for cost recovery evaluatio� guidelines. The Library Department recommends a range of cost recovery for services studied. For Non- California Resident Library Cards, cost recovery of nearly 100°/o is recommended. Cost recovery for all I other services considered in the current fee study ranges from 20°/o to 50%. When annual recommended fee revenue is compared to the total cost of providing services, the Department would recover an additional $600 per year, or approximately 50% of eligible costs. It should be noted that several new fee items added during the Study's process are not included in pro�ections of recommended fee revenue above. Cost of Service Study—City of Chula Vista 14 Prepared by NBS — December 2013 14-40 _aTr.acxn��.Tr � Section 4 - Police The scope of this user and regulatory fee analysis for Police focused solely on various administrative processing fees, business regulatory fees, alarm permitting, and false alarm response activities. Cost of Service Analysis For the Police Department, fees were caiculated following fully-burdened labor rates that were derived for several specific categories of personnel. This was performed uniquely for this Department, in order to conform to the manner in which it examines and understands its own provision of services and activities. It is simply an alternate methodology that allowed the Department to better participate in the Fee Establishment phase of the analysis. The table below illustrates the fully-burdened hourly rate for labor performed by personnel in the Police Department: Expenditure Tvpe Sworn-Direct NonSworn- Pctivities DirectActivities Labor Costs --L--- ------ -- -5 A 28�961.532 S 2 628 566 _ __i_�'—_ Nor�Labor Costs _ _ $ 1.794,409 S 162,862 Citvwide Overhead ___ _ s _4 240 570 S 384 877 Department and Divisional Overhead _ S 8 392 561 S 761 714 De artrnent Total� �c�.�.��t`�.T$ 43,3�89,�072G 5 3,938,018 _�-..�Y_ r __ �_.�^-�_�C'f�S.:Sr,2a1�:�f8 '�����^�.�SL__�IYl:d�"F 22."—£"F'1 Rate Basis:Productive Hours 279,619 55,368 Appendix A.3 to this report contains additional detail regarding calculation of the Department's fuliy- burdened hourly rates. Fee Establishment and Cost Recovery Evaluation Appendix 6.3 presents the results of the detailed cost recovery analysis for fee recoverable services. The "Cost of Service per Activity° column establishes the legal maximum at which a fee could be charged for the corresponding service identified in the"Fee Activity" list. The following table provides a summary of results for the Police Department: Police , I aoe.000 I s sas.000 I ssvo I s aa3.aao I a3i . Appendix 6.3 presents the results of the detailed cost recovery analysis for fee recoverable services. The "Cost of Service per Activity" column establishes the maximum at which a fee could potentially be Cost of Service Study—City of Chula Vista 15 Prepared by NBS—December 2013 14-41 ATTACHMENT3 charged for the corresponding service identified in the "Fee Activity" list When the Cost of Service per Activity is compared to the "Current Fee" amount, most fee items for the Police Department generally under recover their costs, are subject to a limited fee set by the State, or are limited to a "copy charge" fee. Some Department fee activities show a recovery of more than the established "Cost of Service per Activity" amount. This is a typical outcome of any fee analysis. The Police DepaRment generates approximately $406,000 in fee related revenue per year for the activities included in this study, at project activity levels assumed for the most recent complete fiscal year. If the City were to implement each fee level at the calculated "Cost of Service per Activity" amount, approximately $585,000 per year in costs could be recovered. When annual current fee revenue is compared to the total cost of providing services, the Division's fees currently recover approximately 69% of eligible costs. NBS provided the full cost of service information and the framework for considering fees, while those closest to the fee-paying population — the City departments — have considered appropriate cost recovery levels at or below that full cost. Section 1 of this report may be referenced for cost recovery evaluation guidelines. The Police Department recommends 100% cost recovery for all services studied. When annual recommended fee revenue is compared to the total cost of providing services, the Department would recover an additional �77,000 per year, or approximately 83% of eligible costs. Cost of Service Study—City of Chula Vista 16 Prepared by NBS— December 2013 14-42 ATTACHMENT 3 Section 5 - Fire The scope of this user and regulatory fee analysis for Fire focused solely on the DepartmenYs emergency response cost recovery program. Cost of Service Analysis For the Fire Department, a single blended fully-burdened labor rate was calculated for the Suppression Division. This was performed uniquely for this Department, in order to conform to the manner in which it examines and understands its own provision of services and activities.- The table below illustrates the fully-burdened hourly rate the Department. As shown, the resulting fully burdened rate for one (1) full time equivalent in Suppression was then translated into various"company rates°. Direct Services Expenditure Type and Activities Labor I— --- i---- -- -$ 16,852,279 Recurring NorrLabor $ 949,364 Departmental and Citywide Overhead __ $ 3,518,499 Allocated Common Activities S 1,3�,972 Division Total $ 22,627,114 � � � ��p,. � -- - - - -- - -�� _,�.et".+'�:��F'dl.aE�`�- .^!+. -�"£� '�-' l. �p�.�5� Reference:Di2cf Hours Only � 155,605 Appendix A.4 to this report contains additional detail regarding calculation of the DepartmenYs fully- burdened hourly rates. Fee Establishment and Cost Recovery Evaluation Appendix 6.4 presents the results of the detailed cost recovery analysis for fee recoverable services. The "Cost of Service per Activity° column establishes the legal maximum at which a fee could be charged for the corresponding service identified in the"Fee Activity° list. The following table provides a summary of results for the Fire Department: Fire { S - I S •szs.000 i o.00^ro I s szs.000 I i00% Cost of Service Study–City of Chula Vista ' 17 Prepared by NBS – December 2013 14-43 ATTACHMENT 3 In Appendix B.4, the "Cost of Service per Activity" column establishes the maximum at which a fee could potentially be charged for the corresponding service identified in the "Fee Activity" list. For the Fire Department, existing fees for emergency response either did not exist prior to this study, or were not directly translatable into the format of this analysis. As such, if the City were to implement each fee level at the calculated "Cost of Service per Activity" amount, approximately$523,000 per year in costs could be recovered. Cost of Service Study—City of Chula Vista 18 Prepared by NBS — December 2013 14-44 ATTACHMENT3 Section 6 - Conclusion Based on the cost of service analysis, cost recovery evaluation, and fee establishment phases of analysis in this study, the proposed master schedule of fees formatted for implementation has been prepared and included by City staff as an attachment to their Staff Report. As discussed throughout this report, the proposed fee schedule includes fee increases intended to greatly improv2 the City's recovery of costs incurred to provide individual services, as well as to adjust fees downward where fees charge exceed the average costs incurred. Predicting the amount to which any adopted fee increases will affect City revenues is di�cult to quantify. For the near-term, the City should not count on increased revenues to meet any specific expenditure pian. Experience with these fee increases should be gained first before revenue projections are revised. However, unless there is some significant, long-term change in activity levels at the City, proposed fee amendments should — over time — enhance the City's revenue capabilities, providing it the ability to stretch other resources further for the benefit of the public at large. The City's Master Fee Schedule is already a living document and should be handled with care: • A fundamental purpose of the fee schedule is to provide clarity and transparency to the public and to staff regarding fees imposed by the City. Once adopted by the Council, the fee schedule is the final word on the amount and manner in which fees should be imposed by the departments. Old fee schedules should be superseded by the new master document. If the master document is found to be missing fees, those fees need eventually to be added to the master schedule and should not continue to exist outside the consolidated, master framework.. • The City should consider adjusting these user fees and regulatory fees on an annual basis to keep pace at least with cost inflation. For all fees and charges, the City could use a either Consumer Price Index adjustment or a percentage of Labor Cost increase, and that practice would be well applied to the new fee schedule. Conducting a comprehensive user fee study is not an annual requirement; it becomes worthwhile only over time as significant shifts in organization, local practices, Iegisiative vaiues, or legal requirements change. In NBS' experience, a comprehensive analysis such as this should be performed every three to five years. It should be noted that when an automatic adjustment is applied annually, the City is free to use its discretion in applying the adjustment; not all fees need to be adjusted, especially when there are good policy reasons for an alternate course. The full cost of service is the City's only limit in setting its fees. As a final note in this study, it is worth acknowledging the path that fees in general have taken in California. The public demands ever more precise and equitable accounting of the basis for governmental fees and a greater say in when and how they are imposed. It is inevitable in the not too distant future that user fees and regulatory fees will demand an even greater level of analysis and supporting data to meet the public's evolving expectations. Technology systems will play an increased and significant role in an agency's ability to accomplish this. Continuous improvement and refinement of time Vacking abiiities will greatly enhance the City's ability to set fees for service and identify unfunded activities in years to come. Cost Allocation Plan & Cost of Service Study— City of Chula Vista 19 Prepared by NBS - December 2013 14-45 RESOLUTION A ATTACHI��NT 4 MASTER FEE SCHEDULE ���r/ Chapter 3 - Animal Control Fees � General Animal Control Fees 0 � CIiY OF City of Chula Vista Animal Care Facility � CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 DOG LICENSES'�'� >.��- :.. .;<��:w,�y;:�_�z g'�; Birds/Poult ...........................................$5.00 _ . .,. rv8tuer Re ot i l es.................... ..................... .....................510 For all licenses, the license period cannot exceed Rodents............................................................�5.00 the expiration date of the rabies vaccination. Other, exceqt livestock.......................................�20 Eligibility tor the reduced 'Altered' fees detailed �, r,k�;�� below requires presentation of a certificate from a licensed veterinarian or receipt of an affidavit �bs��������������������� �����••••••• ••�••�•�••�••��� ������� �������.QFn stating that the dog has been spayed or neutered. 6a�••••••••••••••••••••••••• •���•��� •������� ••�••••••••••••••••••••�•�Q�n �s. ............................con 1. Purchase of license, 1 year _ ,ANIMAL,IMP,�QUND&;RELINQUISHME_NTi.,�, Altered ............................................................ $3i20 Unaltered........................................................$�-532 1. Impoundment 2. Purchase of license, 3 years For the picking up,transporting and impounding of any animal including a dog, by the use of Altered ............................................................$�320 equipment, personnel and regular facilities Unaltered........................................................$�032 maintained by the City, the city shall assess fees as shown below. Offenses shall be counted per 3. Penalty for late application/payment qer ew+�eFanimal, not per2i�ima�owner'^.^. '�e:, occurrence w.,.. .,.,,, a,.R,. ,..,, ,..,,.�. ,.�,,.a , .. .w.,.,. .:w,,,,. REf�3,,..i:^..pp..oQ�;o:����;.2RE. x� nn . . . ................................ . 1-15 davs delinpuent..........................................$10 Dogs/satsCats,first e#€easeimqound...........$�-545 16-30 days delinauent.......................................$20 Dogs/satsCats, second e#easeimoound.....$4�60 >30 davs delinouent...........................................$50 Dogs/ea�sCats, third and subsequent 4. License Replacement�per reqlacement ^�sim�ounds......................................... $�575 Rabbits........:.......................................................S20 P+eass'��sea.................................c'' ^^ €xeFie�}Livestock...............................Actual cost�29 Rrese_,sir�g�ee�}�..... �.....................................co �� Birds/�PoU�try............................................$20 Altered ....................:............................................$10 Reptiles................................................................$20 Unaltered.............................................................$20 Rodents{fa�iYS..................................................$20 Other. except livestock.......................................$20 5. License Transfer oer transfer QF �„ 2. Rc�arding of Impounded Animals,fee per day RerdFSlisense�rans#e+��Altered $7U Unaltered.............................................................$20 Dogs/caFSCats...........................................:$6:9915 Rabbits .............................................................$6.00 Alf license fees opplyin full to service dogs. Livestock ...........................................Actual cost$33� . Birds/Poultrv....................................................$5.00 � Reqtiles.............................................................$6.00 Rershfq '..,..�.......................................................c,c F2odents............................................................$5.00 Other. exceot livestock................:...................$5.00 enikr.�nc�nnu��ni cANIMAL ADOPTIONS 9tla�.�r- m," ��'m�' Q= ^^ .� � �s......................................... . . ._.�.��_�_�..__ �,�, '.o"elEera�,a:._ 3. Owner Relinquishments Dogs. voun2erthan 7 vears................................$75 ppgs�....... .��, ,�,.��....,.................................. $�-575 Cats younger than 7 vears ................................$65 �ESCats, . +�.,.—,.,R�.� ,.,..,..,..................... $�560 Do�s/Cats. 7 vears or older...............................$35 Begs��s�'s-fe�e •��^^sia..................................c,� Rabbits................................................................$20 Do�s/Cats. l�itter............................ ........ $3�75 Livestock............................................$39Actual cost ������� Rabbits................................................................$25 City of Chula Vista www.ih{�la�sxaca.gov 619.691.5250 4 b _an.�cxn�;.ir� I � �9December MASTER FEE SCHEDULE ■ FEE BULLETIN 3-100 Page 2 of 2 2013 €�e`�/1Livestock...............................Actual cost$�5 4�'�'� $07HER,€€€SSERVICES�:;�:'�'.r-�: �.- ,,.�,..�..,..�� ............. . . �_ ��_� ._� . . ..� r_.... Birds/Pou Itr���..............510r88 Re�tiles............................................................ $25 MicrochiP, Per chip implant........................... �-530 Rodents...............................................................$10 Tranquilized animals...................................... $�850 Other. exceotlivestock.......................................$10 Homequarantine.........................................�8100 In field relinquishments................................. $�-575 In-shelter ouarantine(10 davsl.. .. .. . .. . .S175 Grooming. humane.............................................575 4. Returned to Owner(In Field Only) SNIP(Soav/Neuter Incentive Pro2raml.............S75 Other activities. not soecificallv listed All animals...................................................... $�550 herein....................................................Actual cost p2��,,.i,.K„ ................................c nc ............................. �VQCCI NATIONS�&VEfERI N,ARY.FEES��:��'i_: Services orovided to in-house shelter 41.Dangerous dog I animals onlv. Dangerous or potentially dangerous dog. Dangerous dog tag f€ee is in addition to the 1. Vaccinations(Dogs and Cats Only) regular license fee. - BordateilalN....................................................$5.00 Dan erousdo hearin BordatellaSO...................................................$5.00 g g�....................................5450 FVRCP/DHLPP............................................... $35.00 Dan erousdo�taR. annualRe�yeaf............. 532�8 HESKA...............................................................$5.00 Rabies............................................................ 5�6.00 1. Other hearin�s 2. Veterinarian Fees Nuisance dog hearing.......................................S450 Bandage................................. Barkin¢do¢ hearin¢..........................................S450 ..........................525 Blood work.......................................................S25 GVtolo�v... .. . .. ................................$25 2• Euthanasia. at owner's reouest Dailv medication. oer dav.......................... ......�6.00 Animal < 40 Ibs...................................................$35 Dental.. .. .. .........................................................$75 Animal >= 40 Ibs.................................................550 Derma Testin�Medium (DTM1.........................5125 In field..................................................................535 Dewormine. ... .. .. . . .. . .. . .. . . .. . .. ..........$5.00 Disoosal...............................................................S19 Exam............................................................... $�825 Flea control .. .. .. ..... .. ...................................$5.00 Fluids .. .. . .. .. .. . . .. ......... ............:...............$50 Foxtail removed, non-sur¢ical . .........................$75 Foxtail removed. sur¢ical........................:.........$175 Generai anesthesia. . .....................................$150 �. .....a��..r,.., ,.,.,a..,, c� nn , ................................ . Iniectablemedicine .........................................$10 � LeukemiaTest . . . . . . . . .............................$25 Parvo Test.. .. . . . . . . . . . . . . . ..............535 Patholo2v. .. . . ....................................Actual cost RVT F�cam. .. .. . .. . .. .. ....... ............................$20 Sedation..............................................................575 Skin scraoe . . .. .. $50 Urinaivsis . . . .. .. ... .........................................$25 X-rav.....................................................................550 Other veterinarv services.........................Actual cost City of Chula Vsta www.�4 avjstaca.gov 619.691.5250 47 RESOLUTION B ATTACHMENT 4 ``1r MASTER FEE SCHEDULE � � Chapter 5 - Library Fees � General Library Fees � � �� Cftt OF City of Chula Vista Library Department CHULA VISTA 276 Fourth Avenue,Chula Vista, CA 91910 �SE�,RVICE�lFEES�� �;���.:t, .,<.. � �°'rt= s � . �,..._�.�.___.'.'__:._��.. �ar , ,��:,.,�:��a :. LO,CALHISTORYCQLLECTION,FEES ,-.,,��", 1. Library Cards 1. Reproduction fees(3�d party) California resident card............................ no charge Per image.......................actual cost(market value) Replacement/lost card....................................$2.00 Additional card.................................................$2.00 2. Photo use fees (imaee ri�hts. one-time use) Non-California resident card, annual.................$20 Non-Commercial use. qer ima2e....................$45 2. Audio Visual, Insurance Charges Commercial use. per ima2e..........................$125 "'�DVD, annual.............................................$20 �3.Photocopies made bystaff Prorated charge. qer auarter...........................$5.00 Perpage......................-..:..................................$0.25 uideefDVD, per item option ............................$1.00 �4.Other Fees Obituarv research requesties.....................$�25.00 3. Books Interlibrary loan, per item................................$5.00 Book transfer, postage fee......................actual cost (request from non-Serra Library) 4. Lost Items, valued at $12.50 or more I Processing fee, in addition to retail price.... $12.50 5. Proctorinv_ service for distance learners (written or comquter basedl Per student. qer test...........................................$25 FI N ES°'�± .,;�;t�x'='.: '�,�`r�.' , ' .'..�' '�,?:�._.t:'. : -�;�, 1. Overdue Charges Books. oer day�per item Adults collection...............................................$0.30 Children collection...........................................$0.10 Other media. oer dav. oer item CDs............ ..:.... .....� ., a�,.,...,...,...,.� $0.30 ............ "'��DVDs/Blu-ray Discs....................$1.00 Other electronic devices..................................31.00 Chromebook. qer device Ov_erdue 1-4 davs. oer dav.................................$10 Overdue >4 davs......... . . . . . . . . . . .$500 2. n�„�,—.�,�^",^„^', 6asse1le re�vindins-eask�................................$�.�^ City of Chula Vista www.chulavistaca.gov 619.691-5069 14-48 RESOLUTION C ATTACIIMENT 4 MASTER FEE SCHEDULE � �`��/ Chapter 6 - Police Fees �' General Police Fees m � � CITY OF City of Chula Vista Police Department � CHUTA VISTA 276 Fourth Avenue,Chula Vista,CA 91910 � RECORDS & DOCUMENTS .���<,=�:::".�s��- ALA�RMS�.,=,�'; ' :�;>>;�'�c��. .,:, �r • - _ �.. 1_^^„�.a�.'�'°^,cCrime/Treffic RrepoRs 1. Alarm Use Permit is; Aa�e,-per�epy............................................51.00 A nonrefundable fee shall accompany each Each additional oa2e ......................................50.10 application for an alarm user permit. All permits are subject to a renewal fee every twelve (12) Crime or traffic reoorts requested will be made months. available for �ickuq at the Police DeoaRment. Uqon request from the aoolicant. the Citv mav Application..................................................... �28.75 deliver the documents and records via mail or fax. Renewal, annual........................................... $28.75 subiect to reimbursement to the Citv for actual costs incurred in delivBrv. 2. False Alarm Assessment 8 When an emer en alarms, messa es, si nals, A4ai�^�',�,.,,'^'�-:epe#s-�eFeep . ......c-, nn Y . g �Y g g """""""" ' or notices are received b the Communications o�..�p*`.,—��E9�• ....... . . .........c�-i Y " """""""""" Center which results in a police response and in 2_Recorde�esfFChecklLetter�ec}aes� which the alarm proves to be a false alarm, the eashPer reouest..........................................$�8823 owner and/or occupier of the property shall pay a false alarm assessment to the City. PROCESSING ,'�:':. _°.:�:�- :.: „w:_-,.t.���.rr;:. For all false alarms within a twelve (12) month I1. Fingerprint Requests period the following fees shall be charged: Per rolling..........................................................512A First(1s�)false alarm........................................$100 2. Live Scan Fingerprint Technology Second (2"a)false alarm ..................................5200 Each additional false alarm .............................$500 I Per rolling.......................................................�818 A(arm�permit holders may comp(ete a false-alarm 3. Booking Fee �prevention class iri=lieu of"paying the first (i")false In accordance with California Government Code a(anri assessment. 'This opiiori is available on(y once 29550.3, those individuals who are arrested by perpermitholder. . � the Chula Vista Police DepaRment and booked in the Chula Vista Police Department holding facility 3. Delinquent Payment Penalty shall be subject to a Booking Fee if convicted of a crime as a result of the arrest by the Chula Vista Users subject to the false alarm charge failing to Police Department. submit payment shall be subject to both a basic penalty, and an additional penalty per month for Per Booking................................................$3�-5155 non-payment of the false alarm charge and basic penalty. 4. Adult Arrest Record Sealin2 Basic penalty, percent of false alarm charge....10% Aqqlication non-refundable . . . . • • �� $�� Monthlydelinquencycharge.............................1.5% Processing if aooroved . .. .... . ..�105 City of Chula vsta www.chulavistaca.gov 619.691.5187 14-49 ATTACHMENT4 ��,.,,,,...�.,. December 2013 MASTER FEE SCHEDULE � FEE BULLETIN 6-100 Page 2 of 2 i - � � � }:����, �;,,.,�15^,;;q.��- Hourly rate, investigation exceeding 1 hour......$70 n r,. ,. f,.,, ��,..0 w,. ....�a � ..a, .. ., ,,. .N,. r;.,, `'�`�'"' " �`' � """'°" � '"`°"� EMERGENCY9RESPONSE' �''"' � .J�S�`<u�..ihy p ^ ^�� � ,��'�+ F��*�.�� ��` .^^.^ ^^-' ^�=" "^ per Chapter 9.05 of the Chula Vista Municipal ...... _.� ... . �-„--�- -� - ^�+'^��^�+ ��� ^ ^� ^�'^��^• ^'��°� ^ �°��°� �^ Code, the City shall be reimbursed for all costs �^�+ ��^• ^ ^• �^�^�•�+�^ �'^^^^^. incurred providing emergency response services as a result of the activities, whether negligent or ��^. � ^'^+.^*'^^^ � ^ '.^±�,� ^ �^",�� ^f, h'^,^� intentional, of a person under the influence of an .. .�d............... .�y.. ..., ��._.."" ' �'^^^^^ ^^-' ^ ^' ^+'^',^• �' �' `^� �"�^^ 'Q` alcoholic beverage, drug, or combination thereof. Year� The reimbursement shall be equal to the Citys full �,.i„�rt� 2� nn cost, including overhead. See Master Fee Re^°���'............ ......... ......... .........Q�.^^ Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and P,�ROPERTY RECQV',ERYc�;.,,,�:�z;�'�,r�}��,#;-���;c�„' current houry rates. _ _ �� �t,t�-tFee for recovery of property in possession of the Police Department bv qropertv owner or bv propertv finder. Propertv finder includes the qerson who found or saved the nroqerN. or ourchased the oropertv at oublic auction. ^�;:�a ♦�.., r�+, �.. E ii ..,...t � ,.i a�., ,..M....a ..,,a ,.h.....,,� f.. �f.. T°r�c°rvs� 7 Q.r Cin.L,• x�rrrern, TI�.. f..r� f... f'+Ir� !r� r��i•• i.. I.r. 'in�.+iJ .+ Ihr� .r4�.. f.. .�iJ r� ..(1 il... r� r.rh n 14�.�. .�f I 1.'.I.I... �.� hl'.. ..T.. el.�.11 Mn Ih.� r,ti;.. .....-.a... .,,.�.r...,.,,... � Bvowner............................................................$122 By finder............................................................$124 �V,EFIICULAR..,.•��:�.-�'�?���; -,r�:,,:a� ::�.�-.,� 1. General Equipmentviolation, re-inspection........:...........$10 Vehicle ID verification.........................................$10 2. Negligent Vehicle Impound Fees(NVIF) Rriva4ely iniEia4e�awe#.'c�e ......... Q�� In public right of way, per vehicle..............$�175 FIOTELS/fv10`EI.S,"'- ;�:. �'^�-:�.,.��r'�'�l:'a�y. A non-refundable fee shall accompany each hotel/motel permit as follows: . Initial application and renewal...........................$70 City of Chula Vista www.chulavistaca.gov 619.691.5187 14-50 RESOLUTIO�I D ATTACHAgNT 4 �`'�� MASTER FEE SCHEDULE _ �` Chapter 15 - Fire Fees �" '�" General Fire Fees A � CIIY OF City of Chula Vista Fire Department CHULA VISTA 276 Fourth Avenue,Chula vista,CA 91910 � o- - .- � EMERGENGY'INCIDENT�RESPONSE,;•i� �� All cast recovery for Fire Department emergency incident response shall be calculated using the hourly billing rates indicated herein. All incidents require a 1 hour response, at minimum. Reponses which exceed 1 hour will be billed based on actual time, to the nearest quarter hour increment. Any additional emergency response triggered by the initial incident will be considered additive, at _ . actual cost based on response required. 1. Pipeline Incident Water utility, per hour.......................................$580 Other utility- large diameter, per hour....... $2,615 Other utility- small diameter, per hour..........$435 2. Power Line Incident Perhour.............................................................$435 3. Illegal Fire Perhour.............................................................$435 4. Hazardous Materials Incident Major, per hour............................................. $3,195 Minor, per hour.................................................$435 5. Special Rescue Special Rescue includes structural collapse, confined space,trench, and rope rescue. Per hour......................................................... 52,760 City of Chula Vista www.c�hyla�staca.gov 619.691.5029 4 1 RESOLUTION E ATTACHMENT 4 MASTER FEE SCHEDULE ����/ Chapter 4 - Business Fees � General Business Fees d � � � ICITY OF City of Chula Vista Finance Department CHUTA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 � �GENERAL":BUSINESS;;�',�%�, ,.��:�<pg, ;,�°?.��`'` 6. Fraternal Society Gameroom _..._ __�____ 1. Business License Fees, General Application...........................................................$50 Duplicate license .............................................$5.00 7. Holistic Health Establishment Change of location..............................................$12 Home Occupation Permit...................................$25 Application.....................................................$195 Annual renewal................................................$25 Business resource and ener�v evaluation Non-compliance fine, greater of.........................$15 ��Holistic Health Practitioner or................................ 5%ofbusinesslicensefee Application.........................................................$175 Annual renewal'^��^^��......................$100 2. Sales, Special - Closing out sale, first 60 days. $30 �"^'°��s°n°^T���=`n^""'""�°°°�°P°'^��°"^°"'�`� ........................... Closing out sale, one 30 day extension.............$15 °°��^�������^�� Special sales event.............................................$45 Temporary outside sales event..........................$45 �9��unk Dealer Application...........................................................$80 SPECIFIC;BUSINESS� ��'�;7,;,�±N ���`�'*��ar;;,;���� work permit, employee ID card..........................$30 1. Art Figure Studio Work permit, change of address/replacement.$10 IApplication.........................................................$100 9:10. Live Entertainment Work permit, model ............................................$25 Investigation fee ...............................................$150 2. Bath House Investigation fee is refundable upon issuance of a Application.........................................................$100 business license. 3. Bingo - New and Renewal 3811. Massage Establishment Chairperson.........................................................$50 Application.............................................. $3�A1400 Co-Chairperson....................................................$27 Annual renewal ............................................. $1.250 In the event an a lication is denied, fift ercent '� "' " N' " ^ ° ' pp y p Sd(e,'transfer or chanqe of locaiion requires a new (50°/o) of the feel shall be refunded. Applicant app�jcationn:i:'iri�ludini�povment of � applicotion shall also pay the required fees for fingerprint ° .;? �;;,.. � ee.�al.. .�. e�-Fn,+i '' y,� � �'�+� ,,� Hr, ......... :... .............:..... � processing for each change in the bingo � • F - �.., ; , ha�,�e.erleESEie.ra,f�li��t^....:.:............. ... ...... s:.g• chairperson. E.,•..x: iar'.�;�<'i,' S.w�,. . , - . ; 4. Card Room 3�12. Massage Technician Application.........................................................$500 ���,..�, ,,,..m;+� Work permit, card room manager......................$50 T°^�^^�^pplication...............................$175�9 Work permit, card room employee ....................$30 Annual renewal .................................................$100 Annual renewal, card room manager................$20 IAnnual renewal, card room employee...............$10 �13. Mobile Home Park Annual Operating Fee The annual safety and health fee for operation of a 5. Casino Parties mobile home park shall be as established by the Application...........................................................$50 State. City of Chula Vista www.c lavis ca.gov 619.691.5250 �-5� RESOLUTION F ATTACHMENT � MASTER FEE SCHEDULE ' �`«/ Chapter 4 - Business Fees � General .Business Fees e � � C�IY OF City of Chula Vista Finance Department CHULA VISTA 276 Fourth Avenue,Chuia Vista,CA 91910 � GENERAL BUSINESS�.�='. ,�.;-�` :;x;.==:-;;'>�:, 6. Firearms Dealer 1. Business License Fees, General Aoolication.........................................................S365 Annual renewal .................................................S310 Duplicate license .............................................$5.00 Change of location..............................................$12 g;7.Fraternal Society Gameroom Home Occupation Permit...................................$25 Application...........................................................$50 IBusiness resource and energv evaluation Non-compliance fine, greater of........ ......... . ....$15 ��Holistic Health Practitioner or................................ 5%of business license fee Investigation fee...............................................5100 2. Sales, Special Investigation fee is refundable upon issuance of a Closing out sale, first 60 days............................$30 business license. Clasing out sale, one 30 day extension.............S15 ISpecial sales event.............................................$45 �9��unk Dealer Temporary outside sales event..........................$45 Application...........................................................$80 Work permit, employee ID card..........................S30 ;SP,,ECIFIC�iBUSINESS�';;i:�;^�'�'��, a"`.:,;:':;p- Work permit, change of address/replacement.�lo I1. Art Figure Studio 9:10_Live Entertainment APPlication.........................................................$100 Investigationfee...............................................$150 Work permit, model ............................................$25 2. Bath House Investigation fee is refundable upon issuance of a business license. Appl ication.........................................................$100 3811. Massage Establishment 3. Bingo - New and Renewal A p p I i ca t i o n.........................................................5150 Chairperson.........................................................$50 Sale/transfer,filingfee ......................................$25 Co-Chairperson....................................................$27 Change of location,filing fee...:..........................S25 IIn the event an application is denied, fifty percent 3-�12. Massage Technician (50%) of the feel shall be refunded. Applicant Workpermit.........................................................S30 shall also pay the required fees for fingerprint Iprocessing for each change in the bingo �13. Mobile Home Park Annual Operating Fee chairperson. The annual safety and health fee for operation of a 4. Card Room mobile home park shall be as established by the Application.........................................................$500 State. IWork permit, card room manager......................$50 �14. Pawnbroker Work permit.card room employee ....................$30 Annual renewal,card room manager................$20 Application...........................................................�80 Annual renewal, card room employee...............$10 Work permit,employee ID card..........................330 Work permit,change of address/replacement.S10 5. Casino Parties IApplication...........................................................350 �415. Peddler Application...........................................................S 10 City of Chula Vista www.ih�la��ca.gov 619.691.5250 RESOLUTIOI�' G ATTACHMENT 4 MASTER FEE SCHEDULE Y3 �" �«r� .�F: *�. � Chapter 4 - Business Fees �?� �'�' General Business Fees ,�� • d � , � �' Ct1Y OF City of Chula Vista Finance Department ? - CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 :,, �- - .= � GENERA�'BUSINESSa?":�'"� ;.-��'r +.-�`���;;��, "� Investigation fee is refundable upon issuance of a business license. 1. Business License Fees, General Duplicate license .............................................$5.00 $• Junk Dealer Change of location:.............................................$12 Application...........................................................$80 Home Occupation Permit...................................$25 y�rork permit, employee ID card..........................$30 Work permit, change of address/replacement.$10 Business resource and enerev evaluation Non-compliance fine, greater of.........................$15 g, Live Entertainment or................................ 5%of business license fee I nvestigatio n fee...............................................$150 2. Sales, Special Investigation fee is refundable upon issuance of a Closing out sale,first 60 days............................$30 business license. Closing out sale, one 30 day e�ension.............$15 Special sales event.............................................$45 10. Massage Establishment Temporary outside sales event..........................$45 Application.........................................................$150 SPECIFIC�BUSINESS�.z>>�: :.a,�'-,tn�s..��i�' �,.i Sale/transfer,filingfee ......................................$25 � S D., . - Change of location,filing fee..............................$25 1. Art Figure Studio Application.........................................................$100 11. MassageTechnician Work permit, model ............................................$25 Work permit.........................................................$30 2. Bath House 12. Mobile Home Park Annual Operating Fee Application.........................................................$100 The annual safety and health fee for operation of a mobile home park shall be as established by the 3. • Bingo - New and Renewal State. Chairperson.........................................................$50 13. Pawnbroker Co-Chairperson....................................................$27 Application................................:..........................$80 4. Card Room Work permit, employee ID card..........................$30 Application.........................................................$500 Work permit, change of address/replacement.$10 Work permit,card room manager......................$50 14. Peddler Work permit, card room employee....................$30 Annual renewal, card room manager................$20 Application...........................................................$10 Annual renewal, card room employee...............$10 15. Public Dance 5. Casino Parties . Application...........................................................$50 Application...........................................................$50 6. Fraternal Society Gameroom Application...........................................................$50 7. Holistic Health Practitioner Investigation fee ...............................................$100 City of Chula Vista www.chulavistaca.gov 619.691.5250 14-54 RESOLUTION H ATTACHMENT� ``1f MASTER FEE SCHEDULE �` Chapter 4 - Business Fees � �--- General Business Fees � 0 � CITY OF City of Chula Vista Flnance Department CHUTA VISTA 276 Fourth Avenue,Chula Vista, CA 91910 � GENER,�4LBUSINESSF;'- . ,���:r;`. ;>��'.;;' 6. FratemalSocietyGameroom 1. Business License Fees, General Application...........................................................$50 Duplicate license .............................................55.00 7, Holistic Health Practitioner Change of location..............................................$12 Home Occupation Permit...................................$25 Investigation fee...............................................$100 Business resource and ener�v evaluation Investigation fee is refundable upon issuance of a Non-compliance fine, greater of.........................$15 business license. or................................ 5%of business license fee 8. Junk Dealer 2. Sales. Special APPlication.....................:..............................$88315 Closing out sale, first 60 days............................$30 Renewal, everv 2 vears.....................................5100 Closing out sale, one 30 day e�ension.............$15 . �.i, ..,....,�� in ,..,.a ...............eon Special sales event. $45 ^�^^ ��� "'"' ............................................ , ........... Temporary outside sales event..........................$45 ,��.,.�, .......,,. ..�,....,... ..�.,aa,,,....�.,...�....,....,.... Q,r, SPEGFIC�!BUSINESS;n:`�:t��;�;_,�;�?,} ;��z'.. 9• Live Entertainment 1. Art Figure Studio Investigation fee...............................................$150 Application.........................................................$100 Investigation fee is refundable upon issuance of a Work permit, model............................................$25 business license. 2. Bath House 10. Massage Establishment Application.........................................................$100 Application.........................................................$150 Sale/transfer;filing fee......................................�25 3. Bingo - New and Renewal Change of location,filing fee:.............................325 Chairperson.........................................................$50 11. Massage Technician Co-Chairperson....................................................$27 Workpermit.........................................................330 In the event an application is denied, fifty percent (50°k) of the feel shall be refunded. Applicant 12. Mobile Home Park Annual Operating Fee shall also pay the required fees for fingerprint The annual safety and health fee for operation of a processing for each change in the bingo mobile home park shail be as established by the chairperson. State. 4. Card Room 13. Pawnbroker Application............................... . . $500 ... . .................... APPlication....................................................$�9315 Work permit,card room manager......................350 Renewal. everv 2 vears..... Work permit,card room empioyee ....................$30 � �•��••��� •�• ���� �������S100 Annual renewal,card room manager................$20 ,,,,,,�;�Pawnshoo emolovee ID card Annual renewal,card room employee...............$10 qoolication... .................................................$d8165 5. Casino Parties Annual renewal ...................................................570 LLerk-}�ers�f�sChange of address/replacementSlO Application...........................................................$50 � City of Chula Vista www.chulavistaca.gov 619.691.5250 14-55 ATTACHMENT4 May-December MASTER FEE SCHEDULE � FEE BULLETIN 4100 Page 2 of 2 �&492013 14. Peddler Application...........................................................$10 . 15. Public Dance Application...........................................................$50 16. Second Hand Dealer Application....................................................$�9315 Renewal. everv 2 vears.....................................$100 �ni i .,i.., .... in .....a S�n .TO . .......................... 1nl...l, .. ...'i ..L.....n....F...I.J....�e/.:...I...�nm....1 C1 h I17. SOIICItOf Application...........................................................$10 Work permit, ID card, annual.............................$15 - - 18. Transient Merchant Application...........................................................$10 19. Alcoholic Beverage Control (ABC) Determination of Public Convenience or Necessity The filing fee shall be the City's full cost including overhead. At time of filing a deposit shall be required. Filing deposit........:............................................$250 City of Chula Vista www.chulavistaca.gov 619.691.5250 14-56 RESOLUTIOV I ATTACHMENT � `"� MASTER FEE SCHEDULE ` / Chapter 4 - Business Fees . . '� ' '� = ~'�'—� General Business Fees � � � � C(lY OF City of Chula Vsta Finance Department CHULA VISTA 276 fourth Avenue,Chula Vista,CA 91910 �' IGENERAL4BUSINESS;;t;`��-_';'�' �S.FraternalSocietyGameroom 1. Business License Fees, General Application...........................................................S50 IDuplicate license .............................................55.00 �,Holistic Health Practitioner Change of location..............................................$12 Home Occupation Permit...................................$25 Investigation fee...............................................$100 Business resource and ener�v evaluation Investigation fee is refundable upon issuance of a Non�ompliance fine, greater of.........................$15 business license. or................................ 5%of business license fee �:7.Junk Dealer 2. Sales, Speciai APplication....................:......................................380 Closing out sale,first 60 days............................$30 Work permit,employee ID card..........................S30 Closing out sale, one 30 day extension.............515 Work permit,change of address/replacement.510 Special sales event.............................................$45 ITemporary outside sales event..........................$45 ��Live Entertainment Investigation fee ...............................................$150 ;SP..ECIFIC.BUSINESS : �'-*=i�',�"-'-�• - ' ` � , .�..,; -,.,.�;::��� � �,, �:,,..,,, �..,,,;� Investigation fee is refundable upon issuance of a �"s°"-°`°°'° business license. Aqfllie2tiea. .......................c,nn ................................. �.�,..�, ..,,..,,:t m,.,,,,� ............................................c�G 3&9_Massage Establishment I �1.Bath House ApPlication.........................................................$150 Sale/transfer, filing fee......................................$25 Application.........................................................$100 Change of location, filing fee..............................$25 I �2.Bingo - New and Renewal 3�10. Massage Technician Chairperson.........................................................$50 Work permit.........................................................830 Co-Chairperson....................................................$27 I3�:11. Mobile Home Park Annual Operating Fee In the event an application is denied, fifty percent The annual safety and health fee for operation of a (50%) of the feel shall be refunded. Applicant mobile home park shall be as established by the shall also pay the required fees for fingerprint State. processing for each change in the bingo chairperson. �12. Pawnbroker 43.Card Room Application...........................................................580 Application............................. . . . 3500 Work permit, employee ID card..........................330 Work permit,card room manager......................$50 Work permit, change of address/replacement.S10 IWork permit, card room employee ....................$30 �13. Peddler Annual renewal, card room manager................S20 Annual renewal, card room employee...............310 Application...........................................................$10 I �4.Casino Parties 33:14. Public Dance Application...........................................................$50 Application...........................................................550 City of Chula Vsta www.i 41a5s�taca.gov 619.691.5250 RESOLUTION J ATTACHMENT 4 MASTER FEE SCHEDULE � °�' �"�/ Chapter 4 - Business Fees � General Business Fees � d � � Cf1Y OF City of Chula Vista Finance Department CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 GENERAL BUSINESS. r�"� '� �` ' 5. Casino Parties � 1. Business License Fees, General Application....................................................$�A265 Duplicate license .............................................$5.00 6. Fraternal Society Gameroom Change of location..............................................$12 � HomeOccupationPermit...................................$25 Application....................................................$59265 Business resource and ener�v evaluation 7• Holistic Health Practitioner Noncompliance fine, greater of.........................$15 Investigation fee ...............................................$100 or................................ 5%of business license fee • Investigation fee is refundable upon issuance of a 2. Sales,Special business license. � Closing out sale,first 60 days............................$30 Closing out sale, one 30 day extension.............$15 $� lunk Dealer Special sales event.............................................$45 Application...........................................................$80 Temporary outside sales event..........................$45 y�ork permit, employee ID card..........................$30 Work permit, change of address/replacement.$10 �SPECIFICiBUSINESS (REGULATOR� ,', _�,s� o � ; ,. �.,.,,....,..m,,... 1. Art Figure Studio ' Application.........................................................$100 kavesF}gaN�ee ...............................................c,�� Workpermit, model ............................................$25 �.,,,,...+ ,....,.., a,.,, ,. .,,a ,,,,..ti�„ ,,,... ..,. ...,,., ,.� .. h� � I'.. 2. Bath House " "-- "` "- Application. annual................................ $3881400 389_Massage Establishment 3. Bing Application.........................................................$150 Sale/transfer,filing fee......................................$25 �plication. ..... .......... .....................................$265 Change of location,filingfee..............................$25 Annual renewal .................................................$265 S��sea.........................................................c�� 3�10. MassageTechnician oo^ ��'SOfi....................................................S'» Work permit.........................................................$30 IIn t�he event an application is denied, fifty percent �11 Mobile Home Park Annual Operating Fee (50%) of the feel shall be refunded. Applicant shall also pay the required fees for fingerprint The annual safety and health fee for operation of a processing for each change in the bingo mobile home park shall be as established by the chairperson. State. 4. Card Room 3�:12. Pawnbroker �..,,� ,.... ,.., .....................................�joo Application...........................................................$80 .................... `",:e^°,�erfri:c,-�„�.ge�...—..���^ Work permit, employee ID card..........................$30 '",:o^�', ^^.^,'' ^^��' .^^^� ^^�^'^, ^^ Q�n Work permit, change of address/replacement.$10 Aar�reae,..,� ,..,.�. ..ager................x�n , ............... 3-0,13. Peddler Workoermit. aoolication ..................................$175 ApPlication....................................................$39165 Work oermit annual renewal...........................$100 City of Chula Vista www.chulavistaca.gov 619.691.5250 14-58 ATTACHI��ENT 4 AAay-December MASTER FEE SCHEDULE ■ FEE BULLETIN 4100 Page 2 of 2 I �82013 3�14. Public Dance See Master Fee Schedule Fee Bulletins 1-100 and Application....................................................�-58175 1-200 for additional discussion of full cost recoverv and current hourlv rates. 3�15. Second Hand Dealer Application...........................................................$80 Work permit,employee ID card..........................$30 Work permit,change of address/replacement.510 3�16. Solicitor Application. includes ID card.......................539165 LVer�wa��ID card, annual renewal.......... $7n.,�� 3�17. Transient Merchant Application....................................................�8165 - - I 3�18. Alcoholic Beverege Control (ABC) Determination of Public Convenience or Necessity(PCNI Hearin� T4.., f'1•�n i.,., �L...11 t�.. ah.. r'i.;.. f n ......f ' nl ri'...r B'nVM12•m''••c^'2�•1 �I h'..� ,.f �'1'.. .1......�'� .�L,�,II L.e T� =;�Hearin�?fee..........................Full cost recoverv Initial deposit.......................................... $1500�-59 APP[J1LJY': .:i.: �.:..b�'..>., :Anr".c^- 'Y:. y`JN 19. ABC PCN Determination Processing fee...............................Full cost recoverv Initial deoosit................ ................................ $1.000 20. Police Reeulated Business License Processing fee. . . . . .. . . . ...Full cost recovery Initial deoosit.....................................................5250 FULL COST.�RECOVERY,.;.,.-,;., �, ' r=<<.�`r.°:� For all full cost recoverv fee items. an initial deqosit shail be collected to cover the CiN's full cost includin� overhead incurred in coniunction with review and orocessinE as reouested bv apqlicant. Additional funds mav be collected. as reauired to cover Citv costs. Should the aoolication be withdrawn at anv time. the deposit shall be adiusted to cover the Citv's actual costs includin� overhead. uo to that time. Anv funds remainin�on deoosit at the time of the completion or withdrawal of the a�olication shall be returned to the depositor after accountin� for exoenses incurred to date. City of Chula Vsta www.lhplayj�taca.gov 619.691.5250 4 b RESOLUTIONS E - J. COIVSOLIDATED ATTACHMENT 4 `"� MASTER FEE SCHEDULE � / Chapter 4 - Business Fees �' " � � �`' General Business Fees � � � � CIIY OF City of Chula Vista Finance Department ,( CHUTA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 � � �GENERAL BUSINESS�;�,�;a��'��t:'�;� rm,`�' '� ��Casino Parties 1. Business License Fees, General Application....................................................$�9265 Duplicate license .............................................$5.00 5. Firearms Dealer Change of location..............................................$12 HomeOccupationPermit...................................$25 Aqqlication.....................................................$365 Annual renewal..............................................$310 Business resource and ener¢v evaluation Non-compliance fine. greater of.........................$15 6. Fraternal Society Gameroom or................................ 5% of business license fee � APPlication....................................................$�9265 2. Sales, Special - - 1. Holistic Health Establishment Closing out sale,first 60 days............................$30 Closingout sale, one 30 daye�ension.............$15 Application.........................................................�195 Special sales event.............................................$45 Annual renewal ...................................................S25 Temporary outside sales event..........................$45 �2.Holistic Health Practitioner SP2ECIFIC BUSINESS (REGULATORl7� ;g° Aoplication.........................................................5175 Annual renewal'^.,^�•'^��'^^ '^� .....................$100 1 AH Cin��... Cl�i.,li.. ��' �....1'..�.I'.... C1�oh I...,.,.�+in..hi.... f..., ...f�,...l..l.l.. �,...... i����........ ..F .. .........................................................�" rtrv�.�cr6vnvmcc��-n.�m�rnr���avr�cc-orc� \AI...1, .. .«Y ...I..1 @'lG L.i i.�;.....�.� II.......�.. .�r m T�v � ............................................ �r .. �-:1.Bath House �3.Junk Dealer Application, annual................................ $1400389 Application....................................................$�9315 Renewal. everv 2 vears.....................................�100 'd.-2.Bing,. ni,,,.,...,,, o...,,.,.,..i . �ni,..i, ,. ..,tt „i,.,,,,., in ...,.a Con � .,� .,... , .......................... Aqqlication......................................................... 265 IAI...I. .-,......'� ..h.,..n.e ..a..,a,a..,....i.,...i,.,.,,..,,,..a T�n Annual renewal .................................................$265 � . 6�59R,:...,,. ......................................................... F^ n i • r....,,+..�,,...,..,. � G�� ... �.,� S0+7.................................................... Investiga4ien fee ...............................................c,Gr. I.. �4.., ., ..a „ ..I'..�.T.. .� .V....'...V F'#. ..h 1,�9,°i� .�v ��T��,.�ii �.., ,.F,,.,a„a � ir„��.:..�.:..., a,... ; .,.a �a..tii„ ,.a .. ch�.���1 nl.-.. 14... ..���.� F... f' ..h ��c �o�oTz-rra.�c"cx� cr.v�r..�r6�-rPr..�r� p•rrni25S' i... ..I, ..H....n., � ♦h�r�c—mrrl.:.+� s#aa+r}�eKSe� 39:4_Massage Establishment 4.3.Card Room Application............................................ 1400$3�9 Annual renewal ............................................. 31.250 �i�,..,.�.... .............................c cnn ............................ � ��"" � "�.�' r��""`��""�`�r Q�^ Sale, transfe'r omchan'ge of location requires a new , .................... . WBf�@KR9'� ...,.a .,...... ,,......i.. ..... ....................con . , . �. . � � ^m �^ ^ Q,�� �application, includingpayment a�pplication fee. . Annt�a�reaewal, ^^. ................ �nndal reaeaval. ....... ......., ,..�.,�,.. ..,................$��^ Sale,'lransfer, filing-fee ......................................Q''F Work oermit. aoolication..................................$175 6hange�f-IecaHe^.:,.,,�"�g-4e�. ................5�� Work oermit. annual renewal...........................$100 �........- City of Chula Vista www.chulavistaca.gov 619.691.5250 14-60 ATIACHMENT � May December MASTER FEE SCHEDULE o FEE BULLETIN 4100 Page 2 of 2 28382013 3�5_MassageTechnician AP_-P.EALS °�- 3= ,;;;' �° � , K rs,< Aoolicatior`"�^�,�.;�.,�'.............................5175$39 1. ABC PCN Determination Annual ren=wal .................................................$100 Processin¢fee...............................Full cost recoverv 3i 6_Mobile Home Park Annual Operating Fee �nitial deoosit................................................. S1.000 The annual safety and health fee for operation of a 2, police Re2ulated Business License mobile home park shall be as established by the State. Processing fee...............................Full cost recoverv Initial deposit.....................................................$250 337. Pawnbroker — le . � , . �- = ? . �:-=�� Application....................................................$315�8 F ' LL COST�RECOVERYr"��,. '.<<,,% •. ,., ,,,,i;�, Renewal, everv 2 vears.....................................$100 For all full cost recoverv fee items an initial deoosit shall be collected to cover the CiN's full Pawnshoo`"'^•'� ^�,�^,�'. ^molovee ID card cost. includin¢ overhead incurred in coniunction Aqqlication....................................................338165 with review and orocessing as reouested bv Annual renewal...................................................$70 aoplicant. Additional funds mav be collected. as `"'^•,�:*,^Change of address/replacement$10 reauired, to cover Citv costs. Should the aoolication be withdrawn at anv time. the deoosit 34-8. Peddler shall be adiusted to cover the Citv's actual costs. includin¢ overhead uo to that time. Anv funds Application....................................................$39165 remainin�on deoosit at the time of the comoletion 3�9. Public Dance or withdrawal of the aAOlication shall be returned — to the deqositor. after accounting for expenses Application....................................................$a8175 incurred to date. 3t�10. Second Hand Dealer See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost Application....................................................5�9315 recoverv and current hourlv rates. Renewal. everv 2 vears.....................................$100 �nr...i, .. ..,�a ..i.., .... �n .....a ¢on - �.o � .......................... �nr...i, .. ..,'a ..�.....,... ..s...�a.,,..�i.....i.............� c�n �11. $O�ICItOf Application. includes ID card.......................5�8165 �4'er�-per�}�ID card,annual renewal..........S3570 I3�12. Transient Merchant Appl ication....................................................538165 I 3313. Alcoholic Beverage Control (ABC) Determination of Public Convenience or Necessity fPCM Hearine r�.., r. �.... s..,. ..�,..�i ti., i�,., r�ti;� r ii �.,�t ;.uli,d:,�a � "s �,`.1......1 �t �'... ..f f'I'.. .I......�:f �L.nll 4.0 '�4� IFiling Hearin¢fee. .......................Full cost recoverv Initial deposit.......................................... $1.500�9` City of Chula Vsta www.chulavistaca.gov 619.691.5250 14-61 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 3 (ANIIvLAL CONTROL) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS; the Cit}� entered into a contract with NBS to conduct studies necessary to determine the direct and indirect costs associated various administrative and regulatory activities conducted by the City; and WHEREAS, the Cost of Service Study of User and Regulatory Fees, Selected Departments — Part I, prepared by NBS resulted in recommended changes to Animal Control fees necessary to ensure the City recovers the estimated reasonable cost of providing Animal Control sen�ices consistent with the City's Cost Recovery Policy; and _ _ WHEREAS, Chapter 3 of the Master Fee Schedule also establishes penalties for ]ate payment of license fees; and WHEREAS, in order to achieve equitable cost recovery for Animal Control services provided and appropriate penalties for ]ate payment of license fees, the Council wishes to amend Chapter 3 of the City's Master Fee Schedule, as set forth in Exhibit 1, attached and incorporated into this resolution by this reference, as if set forth in full; and WHEREAS, the proposed fees do not exceed the reasonable cost of providing the associated services; and WHEREAS, Article XIII C of the Califomia Constitution requires a vote of the electorate to increase any le��y, charge, or exaction imposed by a local government, unless specifically exempted; and WHEREAS, pursuant to the provisions of Article XIII C, the proposed fees are esempt from the vote requirement; and ��HEREAS, pursuant to the provisions of Article XIII C, the proposed penalties are exempt from the vote requirement; and WHEREAS, the proposed amendments to Chaptcr 3 of the Master Fee Schedule shal] become effective upon adoption of this Resolution by the City Council. 1.Wttorney�Fli�'AL RESOS AND ORDINANCES\2013U2 17 13\Resolution-Finance-�daster Pee-A.doc 12/11/2013 11:35 AA9 14-62 Resolution No. Paee 2 NO���, THEREFORE; BE IT RESOLVED b�� the City Council of the City of Chula Vista that it does hereby amend certain sections of Chapter 3 (Animal Control) of the Cin�-s D4aster Fee Schedule as reflected in Ea:hibit 1 to this Resolution. Presented by Approved as to form by � ""�"{' 6� l/�'`�� Maria l:achadoorian Glen R. Gooeins � ��,�� �,,,�(�(,j/� Director of Finance/Treasurer City Attomey 1:Wttomev�Fl�.11.RESOS:\,\'D ORDI�ANCES\2013U? 17 13Utesolution-Finance-T1uter Fee-A.doc 1?/I 1/?013 11:35 A.�1 14-63 MASTER FEE SCHEDULE ���r/ Chapter 3 -Animal Control Fees '"�'—` General Animal Control Fees � 1 �m'� City of Chula Vista Animal Care Facility e CHULA VISiA 276 Fourth Avenue,Chula Vista,CA 91910 DOG_LICENSESr=`;.�'ti'��%g ;;�, , , >,Y. :�� Birds/Poultry9N�eK...........................................$5.00 � . .. „ ,. Reotiles......................................... . . $10 For all licenses, the license period cannot exceed Rodents............................. $5 00 the expiration date of the rabies vaccination. Other, exceot livestock.. .. �20 Eligibility for the reduced 'Altered' fees detailed � �rr c��� below requires presentation of a certificate from a licensed veterinarian or receipt of an affidavit �e� ��� � ••••••• �� � ••••••• ����� �������� ���� � ��� stating that the dog has been spayed or neutered. 6aFS......................................................................$�9 Rabbi�s................................................................$�9 1. Purchase of license, 1 year ANIM9L�IMFOUND,&_RELINQUISIiMENT�°� Altered ............................................................$3i20 —° Unaltered........................................................$�532 1. Impoundment 2. Purchase of license, 3 years For the picking up,transporting and impounding of any animal including a dog, by the use of Altered ............................................................$�320 equipment, personnel and regular facilities Unaltered........................................................$�a932 maintained by the City, the city shall assess fees as shown below. Offenses shall be counted per 3. Penalty for late application/payment oer ewaeKanimal, not per aa+aaa�owner�^.^. °�'^-^��.�a;, occurrence �^� ".^ �'^^^ ��-' ^�^� �,,�-� .�,,, ,. ..... .,�,.........� � ...,,.. .. .. . ., Rer a��lieaEien��a�menF.................................$3-00 ' 1-15 davs delinauent .$10 Dogs/satsCats,firste#easeimoound...........$�-545 16-30 days delinauent . $20 >30 davs delinouent... . . $50 Dogs/saFSCats, second e##er�seimoound.....$4560 Dogs/saFsCats, third and subsequent ^.,rt�simoounds......................................... $6-575 4. License Replacement, qer reolacement Rabbits.............. .. $20 Presessi+�gfe�in-per�en.................................$?�0 €�cetie/�Livestock...............................Actual cost$28 Rresessingfeel�-mail.....................................5308 Birds/�Poultrv............................................$20 Altered ............................ . $10 Reptiles................................................................$20 Unaltered............................. . S20 Rodents,""r�".�..................................................$20 Other, exceot livestock . $20 5. License Transfer, oer transfer 2. �n arding of Impounded Animals,fee per day PerdeslisenseFransfer......................$5:(�Altered �N Unaltered....................... $20 Dogs/saESCats ............................................$6-0015 Rabbits ......................... . $6 00 All license fees op`ply in full to se�vice dogs. .. Lroestock...........................................Actual cost$3� � �� ,..,...� .. �,... ,.,. Birds/Poultrv.......... $5 00 Reptiles......................... . $6 00 Rer ehip im�lan4..................................................$3� Rodents......... . . $5 00 Other. exceot livestock $5 00 �SA�.�`^�°,"��ANIMAL4ADOFTIONS, 9F�ieFSma��an{mals.........................................$�oo � 3. Owner Relinquishments Dogs.Youneer than 7 vears................................$75 pogs�,...«,. .r��,�e;a.................................$�-575 Cats voungerthan 7 vears................................$65 �$Cats, �•��`���,^^�^^2....................$�560 Does/Cats. 7 vears or older $35 �egs'eaFS�er etrFhanasia $ � Rabbiis................................................................$20 Do�s/Cats. I�itter...........................................$3�75 Livestock............................................$,39ACtualcost Rabbits. �25 City of Chula Vista www.chulavistaca.gov 619.691.5250 14-64 � �9December MASTER FEE SCHEDULE ■ FEE BULLETIN 3100 Page 2 of 2 2013 €�a':i�/�Livestock...............................Actual costS35 �',--..OTHER�€€€SSERVICES '_ , �—': — = Birds/Poultn���,a,���..............S10598 -- ' � Reotiles................................ . ... ... ...... 525 MicrochiP� Per chip implant...........................$�530 Rodents......:............................ ...........................310 Tranquilized animals......................................$�A50 Other. ezceot livestock........ ..... S10 Home quarantine.........................................$�9100 . .... In field relinquishments.................................$�575 �n-shelter ouarantine f10 davsl ......... . . 5175 Groomin�. humane ...... ....... . 575 4. Returned to Owner(In Field Only) SNIP(Soav/Neuter Incentive Pro�raml £75 Other activities not s�ecificallv listed All animals......................................................��-550 herein....................................................ACtual cost RaFhele�� . . ...................................54� �VACCINATIONS &VETERINARY`FEESa�:��;`= Services orovided to in-house shelter 41.Dangerous dog I animals oniv. Dangerous or potentially dangerous dog. DanEerous doE tae f€ee is in addition to the 1. Vaccinations(Dogs and Cats Only) regular license fee. Bordatella IN ....................................................S5.00 Dan�erous do2 hearing ... ... 5450 ordatella ........................... . 5 00 DanEerous do¢taE.annual � FVRCP/DHLPP............................................... 5�5.00 �af............. $32�a9 HESKA...............................................................35.00 Rabies............................................................$�6.00 1. Other hearin�s 2. Veterinarian Fees Nuisance do2 hearin�...... ..... ........ . ... �450 Bandage............................... .. . ... ... . . . �25 Barking do2 hearine .. . ..... ....... . .. 5450 Blood work........................... ........ . .. ..... . . $25 2 Euthanasia. at owner's reauest [olo�v............................................ . . ... .525 Dailv medication. oer dav............ . . 56.00 Animal < 40Ibs......... . . .. $35 Dental.................................................... ..... . ..$75 Animal >= 40 Ibs............. ... . . . �50 Derma Testin� Medium(DTMI.........................$125 In field..................................................................535 Deworming.................................................... ..S5.00 Disposal.........:...................................... ... ... 519 F�cam...............................................................33925 Flea control.......................................................^a5.00 Fluids...................................................................550 Foxiail removed. non-surgical............................575 Foxtail removed.surHical..................................5175 General anesthesia...........................................5150 Bail��m��ieaFien�r-da��................................c-, nn Iniectable medicine ............................................510 Leukemia Test.....................................................£25 ParvoTest............................................................�35 Patholoev..................................................Actual cost RVTEzam.............................................................S20 Sedation..............................................................^�75 Skin scraoe..........................................................550 Urinalvsis.............................................................S25 X-rav.....................................................................550 Other veterinarv services.........................ACtual cost City of Chula Ysta www.chulavistaca.gov 619.691.5250 14-65 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5 (LIBRARY) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, the City entered into a contract with NBS to conduct studies necessary to determine the direct and indirect costs associated various administrative and regulatory activities conducted by the City; and WHEREAS, the Cost of Service Study of User, and Regulatory Fees, Selected Departments — Part I, prepared by NBS resulted in recommended changes to Library fees necessary to ensure the City recovers the estimated reasonable cost of providing Library semices consistent with the City's Cost Recovery Policy; and _ WHEREAS, Chapter 5 of the Master Fee Schedule also establishes fines for overdue items and devices; and WHEREAS, in order to achieve equitable cost recovery for Library services provided and appropriate fines for overdue items and devices, the Council wishes to amend Chapter 5 of the City's Master Fee Schedule, as set forth in Exhibit 1, attached and incorporated into this resolution by this reference, as if set forth in full; and WHEREAS, the proposed fees do not exceed the reasonable cost of providing the associated services; and WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government, unless specifically exempted; and WHEREAS, pursuant to the provisions of Article XIII C, the proposed fees aze exempt from the vote requirement; and WHEREAS, pursuant to the provisions of Article XITI C, the proposed fines are esempt from the ��ote requirement; and WHEREAS; the proposed amendments to Chapter 5 of the Master Fee Schedule shall become effective upon adoption of this Resolution by the City Council. 7:Witomey\FI1dAL RESOS�D ORD[N.ANCES\2013U2 17 13\Resolution-Finance-Master Fee-B.doc � I2/1 V2013 11:38 M9 14-66 Resolution ivo. PaQe 2 NO«', THEREFORE. BE IT RESOLVED bv the Cirv Council of the Citv of Chula V'ista that it does herebv amend certain sections of Chapter � (Libran�) of the Cirv-s \4aster Fee Schedule as reflected in E�hibit 1 to this Resolution. Presented b}� Approved as to form bv . _��i�t1� /�— l Maria Kachadoorian Glen R. Gooein r����/ �r Director of Finance/Treasurer City Attomey �'~ \:���' ���1 Vt-�� I:l4ttomev�FI�AL RESOS.AND ORDINANCES�2013\I2 17 13Utesolution-Finance-�laster Fee-B.doc 12/I1/?013 ll:38 AA1 - 14-67 ``�r MASTER FEE SCHEDULE � / Chapter 5 - Library Fees '---��—`' General Library Fees � � C(iY OF Ciry of Chula Vista Library Department CHULA VISTA 2�6 Fourth Avenue,Chula Vista, CA 91910 SERVICE FEES:;�*=,x��r ,, ��'.'. �;->.�;`���x;� LOCAL�IiIS,T,ORYCOLLEC.TiION FEES .` '�;��: 1. Library Cards 1. Reproduction fees(3�d party) California resident card............................ no charge Per image.......................actual cost(market value) Replacement/lost card....................................$2.00 Additional card...:.............................................$2.00 2. Photo use fees/image rights one-time usel Non-California resident card, annual.................$20 Non-Commercial use. oer ima2e $45 2. Audio Visual, Insurance Charges Commercial use. oer ima�e $125 u+deefDVD, annual.............................................$20 �-3.Photocopies made by staff Prorated charEe oer auarter . $5 00 Perpage...........................................................$0.25 uJdeefDVD, per item option............................$1.00 �4.Other Fees Obituarv research reauesties.....................$�25.00 3. Books Interlibrary loan, per item................................$5.00 Book transfer, postage fee......................actual cost (request from non-Serra Library) 4. Lost Items, valued at$12.50 or more I Processing fee, in addition to retail price....$12.50 5. Proctoring service for distance learners IWritten or comouter basedl Per student. oer test. $25 FINES :'�^.�` °'r�`"�:;`-s.�'>'" i:�s;;`-< 1. Overdue Charges Books. oer dav �er item Adults collection...............................................$0.30 Children collection...........................................$0.10 Other media oer dav oer item CDs............ ...... ..... .. .. ........ ...........$0.30 __ _ - ---._ ........ ....... `°�DVDs/Blu-rav Discs....................$1.00 Other electronic devices. $100 Chromebook. �er device Overdue 1-4 davs oer dav $10 Overdue >4 davs $500 I ". ^�--�..�;o-.`;s�. 6asseEE�re�vindinseaeh $� 99 City of Chula Vista www.chulavistaca.gov 619.691-5069 14-68 COLTiCIL RESOLUTION N0. RESOLUTION OF THE C1TY COIJi�'CIL OF THE CITl' OF CHULA VISTA AI�gNDING CHAPTER 6 (POLICE) OF THE CITY'S A4ASTER FEE SCHEDULE �T�'IIEREAS, the City entered into a contract �vith I�TBS to conduct smdies necessarv to determine the direct and indirect costs associated various administrative and rewlatorv acti��ities conducted by the Cin�; and y \T�HEREAS, the Cost of Service Study of User and Regulatory Fees; Selected Departments — Part I, prepazed by NBS resulted in recommended chanees to Police fees necessan� to ensure the Citv recovers the estimated reasonable cost of providing Police services consistent ��ith the Citv`s Cost Reco��erv Policv: and _ �T�'I-IEREAS; in order to achie��e equitable cost recovery for Police sen�ices provided; the Council �irishes to amend Chapter 6 of the City's Master Fee Schedule, as set forth in Exhibit 1, attached and incorporated into this resolution by this reference; as if set forth in full; and �'�'HEREAS; the proposed fees do not exceed the reasonable cost of providine the associated services: and VJIIEREAS, Article XIII C of the Califomia Constitution requires a vote of the electorate to increase any le«�, chazge, or exactio❑ imposed by a local govemment, unless specifically . esempted; and A'HEREAS, pursuant to the provisions of Article XIII C, the proposed fees aze eaempt from the vote requirement; and �'�'HEREAS, the proposed amendments to Chapter 6 of the Master Fee Schedule shall become effective upon adoption of this Resolution by the City Council. I�'OR', THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does herebv amend certain sections of Chapter 6 (Police) of the City's Master Fee Schedule as reflected in E�hibit 1 to this Resolution. Presented by Approved as to form by ,. ' ��94 u,/ . Maria Kachadoorian Glen R. Googin �� ����� Director of Finance/Treasurer City Attorney� J:�4nomev�FI�AL RESOS AND ORD[XANCES120U\IZ 17 13Utesolucion-Finance-Alaster Fee-C.doc 12/11/2013 1 L4F A1�1 14-69 ``�� MASTER FEE SCHEDULE �` Chapter 6 - Police Fees . ------ General Police Fees • � � ��� City of Chula Vista Police Department � CHUTA VISTA 276 Fourth Avenue,Chula Vista,CA 91910 RECORDS�&`DOCUMENTS ." ��z.,�-3°.� ,» AL•ARMS _ ,:� °;�� ��:'��=�-��5'��-„��'_'_•y;_° 1_^^^�,.�,�^^'Crime/Traffic Rceports 1. Alarm Use Permit 1s�oa2e�er�eyy............................................$1.00 A nonrefundable fee shall accompany each Each additional oa2e........ . . . . $0 10 application for an alarm user permit. All permits are subject to a renewal fee every twelve (12) Crime or traffic reoorts reauested will be made months. available for oickuo at the Police Deoartment Upon reauest from the aoolicant the Citv mav Application.....................................................$28.75 deliver the documents and records via mail or fax Renewal, annual........................................... $28.75 subiect to reimbursement to the Citv for acival costs incurred in deliverv. 2. False Alarm Assessment A When any emergency alarms, messages, signals, h9ailed erime-reperES�er eeyy—.........—$��9 RheFe ra hs, eFS c,� or notices are received by the Communications � � � � """""""""""" Center which results in a police response and in 2_Record eheek-Check ILetter�e�esF; Which the alarm proves to be a false alarm, the eask�Per reauest..........................................$�,0923 owner and/or occupier of the property shall pay a false alarm assessment to the City. PROCESSING �'�a.,, ^- ••, ,•: �t,x 4� =; . S��'r veCyr?�9E+ For all false alarms within a twelve (12) month 1. Fingerprint Requests period the following fees shall be charged: Per rolling..........................................................$129 First(1�l)false alarm ........................................$100 2. Live Scan Fingerprint Technology Second (2n°)false alarm..................................$200 Each additional false alarm.............................$500 � Per rolling.......................................................$�918 Afarm.perm�t.Fiolders�may complete a false-'alarm 3. Booking Fee -:, . ..-. .. , preventioq'class�in=lieu of paying Yhe first (z'�)false' In accordance with California Govemment "Code •Q�oriri asse3s'ment, �This:option is ovdi(oble only once 29550.3, those individuals who are arrested by perpermitholder.:;'='-;;`;>:;:' ' . ' the Chula Vista Police Department and booked in the Chula Vista Police Department holding facility 3. Delinquent Payment Penalry shall be subject to a Booking Fee if convicted of a crime as a result of the arrest by the Chula Vista Users subject to the false alarm charge failing to Police Department. submit payment shall be subject to both a basic penalty, and an additional penalty per month for Per Booking................................................$3�5155 non-payment of the false alarm charge and basic penalty. 4. Adult Arrest Record Sealin� Basic penalty, percent of false alarm charge....10% Aoolication non-refundable . $�� Monthlydelinquencycharge.............................1.5% Processin¢ if aporoved $105 City of Chula Vista www.chulavistaca.gov 619.691.5187 14-70 ��F MASTER FEE SCHEDULE ■ FEE BULLETIN 6100 Pa e 2 of 2 December 2013 g �E-�IS�PISE� _:-_-,, E;,;� :;, „�.�:. Hourly rate, investigation exceeding 1 hour......S70 ~���� ��T �� ����� EMERGENCYRESP_ONSE „_��:;. � ,. � °�"� "'� �'^ " � `�"`-^^ "` � Per Chapter 9A5 of the Chula Vsta Municipal � , '^'�` "`-'� �" " ''' """" "��R Code, the City shall be reimburs=d for all costs a�o o�-•�'`'^��„x. incurred providing emergency response services as a result of the activities, whether negligent or N.t�r�o�a._.�_.,y . ,. � _.ti., .. r �,� - - -. .�.,...�. . _ ,,,.,.,,.,.,�.,.�z„�,� intentional, of a person under the influence of an !��=^='= ^^'' � ^`-!: " alcohoiic beverege,drug,or combination thereof. — - - ._.._.._. _ . _. ....... .... ......_ ,-, �� The reimbursement shall be equal to the City's full �iq�el� Iss�ns�..................................................51�0 cost, including overhead. See Master Fee REileN'cl............................................................S�:AO Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and PROP,ERTY RECOVERY • -y.'.. -'. - '.::;;,; current hourry rates. ,.�. � -Itt�tFee for recovery of property in possession of the Police Department bv orooertv owner or bv orooertv finder. Prooertv finder includes the person who found or saved the orooertv or purchased the �rooertv at oublic auction ��:;-;� i .,��,. ,,.�,,..,a ...,a ,.�,.,...,.,. _..� ..j� ._.. ..._._� ..��.�...��� w..� �..v.d�.i �� n� 'l �..G..rin� =�-x�rracr The fe_ .,.. <<,. F,. ,..,., «,. �,. ,, �, v�f$^p���'.a�.rrr.c ..1... s.. ...1 .. ,.,� f�... .. ...a. 4. � .�_.. ....� .��..� �. ��..�... ..... �.�.�.'....�� . ... �..... - e�f 1 y�'��n♦ {�1'n n1'r� nL�n V L�n ll�r� ^�j ccjF-imr��ny'r.-�4'Orr O � �����i���.���� Bvowner............................................................5122 Bv finder............ ....... . ... .... 5124 1(EHIGULAR� xp��:.:�,:: _' " ' ' � ..j ' 1. Generel Equipment violation, r�inspection....................E10 Vehicle IDverification.........................................$10 2. Negligent Vehicle Impound Fees(NVIF) Pri�•a�_I;�initia�_d��r v�<:ele............................55� In public right of way, per vehicle..............53�175 IiOTELS/�MOTELS �' - � A non-refundable fee shall accompany each hotel/motel permit as follows: Initial application and renewal...........................570 City of Chula Usta www.chulavLstaca.gov 619.691.5187 14-71 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDII�'G CHAPTER 15 (FIRE) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, the City of Chula Vista Fire Depariment provides emergency services including responding to pipeline incidents, power line incidents, illegal fires, hazardous materials incidents and special rescues; and WHEREAS, increased environmental protection requirements for mitigation and cleanup of hazardous materials incidents have resulted in higher costs to the Chula Vista Fire Department; and WHEREAS, the Fire Department recommends the creation of an emergency incident response cost recovery program to recover the costs incurred responding to incidents resultine from negligence or an intentionally ���rongful act; and WHEREAS, California Health and Safety Code Section 13009(a) establishes that any person who negligendy, or in violation of the law, sets a fire, allows a fire to be set; or allo�vs a fire kindled or attended by him or her to escape onto any public or private property is liable for the fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services, and those costs shall be a charge against that person. The char�e shall constitute a debt of that person, and is collectible by the person, or by the federal, state, county, public, or private agency, incurring those costs in tUe same manner as in the case of an obligation under a contract, e�pressed or implied; and VdHEREAS, California Vehicle Code Sections 17300(c) and 17300(d) establish that a person who willfully or negligentl}' causes or permits the contents of a vehicle to be deposited upon a street or high�vay, or its appurtenances, is liable for the reasonable costs of removing those contents from the street or highway or its appurtenances and that this liabilitp also applies to an o�mer of a vehicle operated with the owner s permission and includes liability for the reasonable cost of necessazy safety precautions, including, but not limited to, waming traffic, the removal of debris resulting from accidents, the removal of any materials, or providine detours; and WHEREAS, City entered into a contract with NBS to conduct studies necessary to determine the direct and indirect costs associated various administrative and regulatory activities conducted by the City; a�d WHEREAS, the Cost of Service Study of User and Regulatory Fees, Selected Departments — Part I, prepared by NBS resulted in recommended changes to Fire fees necessary to ensure the City recovers the estimated reasonable cost of providing Fire services consistent with the City's Cost Recovery Policy; and 1:\Attomey\FI'�AL RESOS AtJD ORDINAI�CES�2013U? 17 13Utesolution-Finance-Master Fee-D.doc 12/11/2013 I 1:49 A�1 14-72 Resolution No. Paee 2 «�T�REAS, in order to achieve equitable cost reco��ery for Fire ser��ices provided, the Council wishes to amend Chapter 1� of the City's A4aster Fee Schedule, as set forth in Exhibit 1, attached and incorporated into this resolution by this reference, as if set forth in full; and R'HEREAS, the proposed fees do not exceed the reasonable cost of providing the associated services: and �T�'HEREAS, �-ticle XIII C of the California Constitution requires a vote of the electorate to increase any le��, chazae, or exaction imposed by a local govemment; unless specifically exempted; and R'I-IEREAS: pursuant to the provisions of Article XIII C, the proposed fees are exempt � from the vote requirement; and �VHEREAS, the proposed amendments to Chapier 1� of the Iviaster Fee Schedule shall become effective upon adoption of this Resolution b}� the City Council. I�'OW; THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby amend certain sections of Chapter 1� (Fire) of the City's Master Fee Schedule as reflected in E�:hibit 1 to this Resolution. Presented by Approved as to form by �l � � � ��� �� Maria Kachadoorian Glen R. Googin i ����,ji�(�U� Director of Finance/ Treasurer Cih� Attorney �` 1:Wnome���FI\AL RESOS A.\D ORDINA\CE5�013U2 I7 13Utewlution-Finance-D1azter Fee-D.doc 12/11/20li 1 L49 Ttvi 14-73 MASTER FEE SCHEDULE �� "� , , �`� Chapter 15 - Fire Fees �� � � —�= General Fire Fees � � CITY OF City of Chula Vista Fire Department ' � CHULA VISTA 276 Fourth Avenue, Chula Vista, CA 91910 (a, �- - .- b • +. ` EMERGENCY INCIDENT@'RESPONSE�� .. ' All cost recovery for Fire Department emergency incident response shall be calculated using the hourly billing rates indicated herein. All incidents require a 1 hour response, at minimum. Reponses which exceed 1 hour will be billed based on actual time, to the nearest quarter hour increment. Any additional emergency response triggered by the initiai incident will be considered additive, at actual cost based on response required. 1. Pipeline Incident Water utility, per hour.......................................$580 Other utility - large diameter, per hour....... $2,615 Other utility - small diameter, per hour..........$435 2. Power Line Incident Perhour.............................................................$435 3. Illegal Fire Perhour.............................................................$435 4. Hazardous Materials Incident Major, Per hour ............................................. $3,195 Minor, per hour.................................................$435 5. Special Rescue Special Rescue includes structural collapse, confined space, trench, and rope rescue. Per hour......................................................... $2,760 City of Chula Vista www.�hy�layisJaca.gov 619.691.5029 4 /4 COU�'CIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHLTLA VISTA Al�gNDIlVG CHAPTER 1� (FIRE) OF THE CITY'S A�IASTER FEE SCHEDULE �VHEREAS, the Cin� of Chula Vista Fue Department provides emergencv services includine respondina to pipeline incidents, power line incidents; illegal fires; hazardous materials incidents and special rescues; and NI�EREAS; increased en��ironmental protection requirements for mitieation and cleanup of hazardous materials incidents ha��e resulted in hieher costs to the Chula Vista Fire Department; and y �VHEREAS; the Fire Departrnent recommends the creation of an emergency incident response cost recovery proeram to reco��er the costs incurred responding to incidents resultine from neglieence or an intentionally ��zoneful act; and R'HEREAS, California Health and Safety Code Section li009(a) establishes that anv person «ho, in violation of the law or othenvise; sets a fire or allo���s a fire to be set; or allows a fire l:indled or attended by him or her ro escape onto any public or private property is liable for the fire suppression costs incurred in fiehtine the fire and for the cost of pro��iding rescue or emereency medical sen�ices, and those costs shall be a charge aeainst that person. The charee shail constitute a debt of that person, and is collectible by the person, or by the_ federal, state; countt�, public, or private agency; incurring those costs in the same manner as in the case of an oblieation under a contract, expressed or implied; and R'HEREAS; California Vehicle Code Sections 17300(c) and 17300(d) establish that a responsible partv ���ho causes or permits the contents of a vehicle to be deposited upon a street or hiQh���ay; or its appurtenances, is liable for the reasonable costs of removing those contents from the street or high�i-ay or its appurtenances and that this liabilitv also applies to an o���ner of a ��ehicle operated ���ith the owner's permission and includes liability for the reasonable cost of necessarv safety precautions, including; but not limited to; N�arnine traffic, the removal of debris resultine from accidents, the removal of anv materials; or providine detours; and WHEREAS; Cin entered into a contract �iith NBS to conduct smdies necessazv to determine the direct and indirect costs associated various administrative and reeulatorv activities conducted bv the Ciri: and y �'�'HEREAS. the Cost of Service Studv of User and Reeulatorv Fees. Selected Departments — Part I, prepared bv\'BS resulted in recommended changes to Fire fees necessary to ensure the Cin� recovers the estimated reasonable cost of providing Fire sen�ices consistent with the Ciry s Cost Recovery Polic�; and 14-75 Resolution No. Page 2 WHEREAS; in order to achieve equitable cost recovery for Fire services provided, the Council wishes to amend Chapter ]5 of the City's Master Fee Schedule, as set forth in Exhibit 1, attached and incorporated into this resolution by this reference, as if set forth in full; and WHEREAS, the proposed fees do not exceed the reasonable cost of providing the associated services; and R�I-IEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, chazge, or exaction imposed by a local government, unless specifically ehempted; and R'HEREAS; pursuant to the provisions of Article XIII C, the proposed fees are exempt from the vote requirement; and WHEREAS, the proposed amendments to Chapter 15 of the Ivlaster Fee Schedule shall become effective upon adoption of this Resolution by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby amend certain sections of Chapter 15 (Fire) of the City's Master Fee Schedule as reflected in E�ibit 1 to this Resolution. Presented by Approved as to form by �C_._.- �� � r�2 (�2 (r Maria Kachadoorian Glen R. Googins Director of Finance/Treasurer City Attorney C.\Users\chancehWppData�I,ocalUlicrosofr\\\'indou•s\Temporaq�Internet F�les\Content.0utiook\61QJ189FNiesolution- Finance-�Qaster Fee-D(2).doc 12/]1/2013 11:49 Ai\1 14-76 ORDI\ANCE IvO. ORDL\'AI�'CE AMEI�'DING CI-IULA V'ISTA A4U?vICIPAL CODE CHAPTER 9A� (ErgRGEI�TCY RESPONSE COST RECOVERY� TO IIvCORPORATE COST RECOVERY FEES FOR FIRE DEPART?v1ENT EMERGEI�'CY L�iCIDENT RESPO�'SE W�REAS; the Citv of Chula Vista Fire Department pro��des fue-based emer�enc}� senices includino respondin2 to pipeline incidenu; po���er line incidents, illegal fires, hazardous materials incidents and special rescues; and WT�REAS, increased environmental protection requirements for mitigation and cleanup of hazardous materials incidents have resulted in hieher costs to the Chula Vista Fire Department; and VJHEREAS, the Fire Department recommends the creation of a fue-based emer�ency response cost recovery program to recover the cosu incurred responding to incidenu resulting from irresponsible or ne2liQent behavior; and WHEREAS, California Health and Safeh� Code Section 1�009(a) establishes that anv person who; in violation of the law or otherwise, sets a fue or allows a fire to be set, or allows a fue kindled or attended by him or her to escape onto any public or private propem� is liable for the fire suppression costs incurred in fightins the fire and for the cost of providin� rescue or emeraency medical services, and those costs shall be a chazee against that person. The chazge shall constitute a debt of that person, and is collectible by the person; or by the federal; state; count}�, public; or private aeency, incurrine those costs in the same manner as in the case of an oblieauon under a contract; expressed or implied; and �V�REAS, Califomia Vehicle Code Sections 17300(c) and 17300(d) establish that a responsible pam� who causes or pernuu the contenu of a �ehicle to be deposited upon a street or high«°ay, or iu appurtenances; is liable for the reasonable costs of rzmo�°ing those contents from the street or hiah�vay or its appurtenances and that this liability also applies to an o�iner of a vehicle operated wzth the o�ver's permission and includes liabilitv for the reasonable cost of necessary saferv precautions, includin2, but not limited to, «�amine trafFic; the removal of debris resultins from accidents; the remo�al of any materials, or pro�-idin� detours; and y W�REAS, these fees for cost of recovery for Fire Department incident response aze authorized by the authorin° contained in the City of Chula Vista Cin� Char[er and Cal. Const. art. XI; y �(b); and �OW' TE�REFORE the Cirv Council of the Cirv of Chula Vista does ordain as foilows: 14-77 Section I. That Chapter 9.0� of the Chula Vista Municipal Code, with the above recitations incorporated herein, is hereby amended to read as follo�vs: Chapter 9.05 EMERGENCY RESPONSE COST RECOVERY Sections: 9.0�.010 Definitions. 9.0�.020 Emergency response cost recovery program. 9A�.030 Collection of costs. 9.05.010 Definitions. A. "Expense of an emer�ency response" means those costs incuned by the city of Chula Vista in making an appropriate emer�ency response to the-incident, and shall be comprised of all costs directly arising because of tt�e particular incident, including, but not limited to, the costs of providing police, firefighting, rescue and emergency medical services at the scene of the incident, as �;�ell as the salaries and fringe benefits of the personnel responding to the incident, but does not include charges assessed by a private ambulance service company. Those recoverable costs will include damage or destruction to city of Chula Vista property. B. `Intentionally NTOngful conducY' means conduct intended to injure another person or property. C. "Hazardous Materials" shall have the same meanin� as the term "Hazazdous Waste' as defined by the California Department of Health pursuant to California Health and Safety Code Section 25117 and 25141. E. D. "Illeeal fire" means a fire caused or set or determined to have been caused or set in violation of a federal, state or local law and shall include an arson fue and a fire set in violation of a "no buminb' ban or order. An illegal fire does not include an accidental and unintended fire or fire caused by an act of God, i.e., a liehtning storm, but does include a fire resulting from �rossly negligent or reckless conduct as well as an intentionally set fire. D. "IncidenY' ineans any event which causes an emergency response by the City of Chula Vista Police or Fire Departments. E. Purpose and Intent. It is the purpose and the intent of this Chapter to establish fees to cover the cost of services which the City of Chula Vista Fue Department provides related to the categories of response described in Section 9.05.020(B) below. 9.0�.020 Emergency response cost recovery program. A. Under the Influence Cost Recovery. Pursuant to the authoriTy vested in the city of Chula Vista by Article 8 (commencing with Section 531�0) of Chapter 1 of Part 1 14-78 of Di�ision 2 of Title � of thz Govemment Code; each person who is under the influence of an alcoholic beverage or anv druQ; or the combined influence of an alcoholic beveraee and anv drug, �-hose operation of a motor �ehicle; boat, vessel; or aircraft; caused by that influence, proximately causes an}� incident resulting in an appropriate emer�ency response, or whose intentionall� wTOneful conduct proa:imately causes any incident resultinQ in appropriate emeraencv response, shall pav to said cirv the expense of such an emeraenc}� response. In no event shall a person's liability under this chapter exceed the maximum allo�;able under state statute, and all costs assessed pursuant to this chapter shall reasonably relate to the actual cost of the expense incurred by the city. B. Fire Incident Response Cost Recoverc. Pursuant to the City of Chula Vista Ciri Charter and Cal. Const. art. �, y �(b), fees for Fue Department incident response shall be chaz2ed in connection with response to the follo«�ing: motor vehicle fues; motor vehicle estrications. illegal fires, special rescues (including structural collapse, confined space, trench. rope and similaz rescue operations), power-line incidents; pipeline incidents (water, utility; �as, oil, other utilities) and hazardous materials spills on road�vays or othen��ise. 9.0�.030 Collection of fees. The expense of an emer�ency incident response is stated in the City�s n4aster Fee Schedule, as amended from tune to time by the Ciry Council; and is incorporated into this Chapter and Chapter 1�. It shall be chazged against the person, persons; company or companies ("responsible parties")responsibie for the incident, or theu insurers if coveraee is afforded. The chazges shall be applied to any responsible parties whose act and or actions aze the cause of the incident response. The chazge constitutes a debt of that person to the city of Cbula Vista, and is collectible by the Cin in the same manner as in the case of an obliQation under a contract, expressed or unplied. The Council also authorizes the fees to be assessed and collected by a third-party billing sen-ice if this company receives prior authorization b�� the Cin� Council to do so. If the chazQes aze not paid w2thin a reasonable time of demand; the director of finance and the director of personnel aze authorized to reduce the claim to judgment in the appropriate small claims court or other jurisdiction. ?vothine in this section precludes the City of Chula �'ista from usine anv other available method to recover fees or cosu as described in this section bv anv other means available at law. Section II. Se�-erabilitv If anv portion of this Ordinance, or its application to any person or circumstance, is for anv reason held to be invalicL unenforceable or unconstitutional, bv a court of . competent jurisdiction, that ponion shall be deemed se�°erable; and such invalidity; unenforceabilirv or unconstitutionalirv shall not affect the ��alidirv or enforceabiliri� of the remaining portions of the Ordinance, or iu application to anv other person or circumstance. The Cirv Council of the Cirv of Chula Vista herebv declazes that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that anv one or more other sections; sentences. clauses or phrases of the Ordinance be declazed invalid. unenforceable or unconstirutional. 14-79 Section III. Construction The Ciry Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in lisht of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certif}�to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: ��1� r'—v2- 62� Fire Chief David Hanneman Glen Googins, City Attomey 14-80 COLTNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUI�'CIL OF THE CITY OF CHLJLA VISTA AA�ENDING CHAPTER 4 (BUSII�'ESS) OF THE CITY'S MASTER FEE SCHEDULE RELATII�TG TO MASSAGE ESTABLISHMENTS Ai\TD TECH?�TICIA.�iS f��1D HOLISTIC HEALTH ESTABLISHD4ENTS AND PRACTITIOI�TERS WHEREAS, the City entered into a contract with NBS to conduct smdies necessan� to determine the direct and indirect costs associated various administrative and reQulatorv activities conducted bv the Citv: and VJHEREAS, the Cost of Service Study of User and Resulatory Fees; Selected Departments — Part I, prepared by I�iBS resulted in recommended chanees to business fees relating to massage establishments and technicians and holistic health establishments and practitioners necessary to ensure the City recovers the estimated reasonable cost of providing business re2ulatory sen�ices consistent with the City's Cost Recoverv Policy; and . «'HEREAS, in order to achieve equitable cost recovery for business reeulatory semices provided relating to massa�e establishments and technicians and holistic health establishments and practitioners , the Council ��2shes to amend Chapter 4 of the Cin�'s Master Fee Schedule, as set forth in Exhibit 1, attached and incorporated into this resolution by this reference; as if set forth in full: and �'��HEREAS, the proposed fees do not exceed the reasonable cost of providina the associated services: and �'�'I IEREAS, Article XIII C of the Califomia Constitution requires a vote of the electorate to increase any levy, chazee; or exaction imposed by a local govemment, unless specificall} e�empted; and «'HEREAS, pursuant to the provisions of Articie XIII C, the proposed fees aze esempt from the vote requirement; and PJHEREAS, the proposed amendments to Chapter 4 of the 14aster Fee Schedule shall become effective upon adoption of this Resolution by the Cit}� Council. J:Wttomev�F'INAL AESOS.4ND ORDINANCESL013\l2 17 liUtesolu[ion-Finance-Dlaster Fee-E.doc 12/11/2013 I1:50 M1 . . 14-81 Resolution No. Paee 2 I�'OVd, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby amend certain sections of Chapter 4 (Business) of the Cit}�'s Master Fee Schedule as reflected in Eahibit 1 to this Resolution. Presented by Approved as to form by ����� �\�� Maria Kachadoorian Glen R. GooginsJ�� '1�,�,� ���,6 Director of Finance/Treasurer City Attorney �J J:Wttomev\FIhAL RESOS AND ORDIri'ANCES\2013U2 17 13\Resolution-Finance-Master Fee-E.doc 12/11/2013 11:30 AM . ..' 14-82 `"� MASTER FEE SCHEDULE � / Chapter 4 - Business Fees "�--'____�--'—` General Business Fees � � , CIIY OF City of Chula Vista Finance Department � CHULA VISiA 276 Fourth Avenue,Chuia Vista.CA 91910 � GENERALBUSINESS i-�e'=a;°';�_±•.�_:':;``� 6. FraternalSocietyGameroom 1. Business License Fees, General Application...........................................................$50 Duplicate license.............................................$5.00 7. Holistic Health Establishment Change of location..............................................S12 HomeOccupationPermit...................................y25 Application.................................... . .. . .. 5195 Annual renewa�.... .... .. .. . . .. ... 525 Business resource and ener�v evaluation Non-compliance fine, greater of.........................$15 �•Holistic Health Practitioner or................................ 5%of business license fee Aoplication.................................................... ....�175 Annual renewal��......................$100 2. Sales,Special Closing out sale,first 60 days............................$30 ��,:��.;s�.:�r`^^ _ ._� .,,,.,,, „ ,,,,,, ,,,, ,,,,,,,, „� „ Closing out sale, one 30 day extension.............$15 °°��*�- Special sales event.............................................$45 Temporary outside sales event..........................$45 �9��unk Dealer Application...........................................................$80 SPECIFIC�BUSINESS -=°" - �'`""=�� �v� :� ��:�.tz=:',-:=,'. . _ . Woric permit, employee ID card..........................S30 1. Art Figure Studio N1ork permit,change of address/replacement.$10 Application.........................................................$100 110. Live Entertainment Work permit� model............................................$25 Investigation fee ...............................................5150 2. Bath House Investigation fee is refundable upon issuance of a Application.........................................................$100 business license. 3. Bingo - New and Renewal 3811: Massage Establishment Chairperson.........................................................$50 Application..............................................$3581400 Co-Chairperson....................................................$27 Annual rene�val ........................... ...... .... 51 250 In the event an application is denied, fifty percent Sale. transjer o� chonge of locotion requires o new (50�) of the feel shall be �efunded. Applicant aPP���ation, : �induding poyment� of aooli[ation shall also pay the required fees for fingerprint ee.�eleJtren fe ' F�� � � § �� ........:........................ s�.3 processing for each change in the bingo ���_�e���� �.,; . � . " :. �� chairperson. """""""""""""" 4. Card Room 3�12. Massage Technician Application............................... . . 5500 .. .. ................... Work permit.card room manager......................550 ��"°�.T�^�'^'�'oolication...............................$17538 Work permit,card room employee....................S30 Annual renewal.................................................5100 Annual renewal,card room manager................$20 IAnnual renewal,card room employee...............510 �13. Mobile Home Park Annual Operating Fee The annual safety and health fee for operetion of a 5. Casino Parties mobile home park shall be as established by the Application...........................................................550 State. City of Chula Vsta www.chulavistaca.gov 619.691.5250 14-83 ORDINANCE NO. ORDII�rANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 5.36.13� OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE COLLECTION OF MASSAGE AND HOLISTIC HEALTH ESTABLISHMENT LICENSE ANNUAL RENEWAL FEES AND AMENDING SECTION 536.190 TO REQUIRE PAYMENT OF NEW APPLICATION FEES FOLLOWING CHANGE OF LOCATION OF A MASSAGE ESTABLISHMENT WHEREAS, the City of Chula Vista Municipal Code Section 5.36.220 relating to Massage Parlors requires an inspection of each business four times per year; and, WHEREAS, the cost associated with these required inspections is fully burdened by the Cit}� of Chula Vista; and, WHEREAS, there is currently no renewal requirement for massage or holistic health establishments; and, WHEREAS, the existing Municipal Code Section 5.36.190 orily requires a transfer fee w�hen a massage establishment changes location; and, WHEREAS, the change of location of a massage establislunent requires the same amount of staff time to process as a new applicant. - NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Chula Vista Municipal Code Chapter 536 is hereby amended to read as shown in attachment A. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remainin� portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it ���ould have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of tl�e fact that any one or more other sections; sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 1:�Attorney�Fl1�'AL RESOS AND ORDINANCES�2013\l2 17 13\Ordinance-Finance-n�laster Fee-E.doc 1?/ll/2013 ]?:19PM � 14-84 " Ordinance Paee 2 Section III. Construction The Cin� Council of the Cin of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal la�v and this Ordinance shall be construed in lieht of that intent. Section IV. Effecti�•e Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certifi� to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to la���. Presented B��: Approved as to form by: �'�c ����� David Bejarano Glen R. GooeinsA,,,C • -V p Chief of Police Cih� Attomey �� J:WttomevlFINA1.RESOS A\D ORDIi�'A\CE512013U2 17 13\Ordinance-Finance-D1aster Fee-E.doc 1?/ll!?Oli 12:19 Pb1 14-85 Chapter 5.36 MASSAGE PARLORS AND HOLISTIC HEALTH PRACTITIONER BUSINESSESx Sections: 536.010 Title for citation. 5.36.020 Purpose and intent of provisions. 5.36.030 Definitions. 5.36.035 Repealed. 536.040 Rules of construction of provisions—Liability—Scope—Compliance required. 536.050 License—Required. 5.36.060 Technician—Permit—Required. 536.070 Eaceptions to applicability. 536.07� Massage and holistic health establishment permit and posting requirements —Name tags. 536.080 A4assage and holistic health establishment hours and services. 5.�6.085 Massage and holistic health establishments patron's specified anatomical areas covered—No touching. 536.090 Plumbing and electrical requirements for massage and holistic health establishments. 536.095 Permit and posting requirements for off-prerriises massage and holistic health business—Name tags. 5.36.100 Equipment and cleanliness requirements for off-premises massage and holistic health. ' 5.36.105 Off-premises massage and holistic health appointment requirements. 5.36.110 Massage technician and holistic health practitioner operating requirements. 536.115 Massage establislunent, holistic health establishment, massage therapist, holistic health practitioner, off-premises massage business, holistic health business advertising requirements. 536120 Corporate officers and partners deemed applicants. 536.12� Desienation of responsible managing officer— Signature on applications. 536.130 Count}�health department inspection and investigation required before issuing massage or holistic health establishment permit. 536.135 License—Application—Investigation fee required. 536.140 License taa required—Rate. 14-86 � �36.145 Technician—Permit—Application— lnvestigation fee. �.361�0 License or permit—Application— Contents required. 5.36.15� Grounds for denial of massage establishment pemut, holistic health establishment permit; off-premises business permit, massaee therapist permit; holistic health practitioner permit. 5.36160 Rene���al of massaee therapist or holistic health practitioner permit. 536.165 Equipment and cleanliness requirements for massage and holistic health esiablishments. �.36.170 Facilities—Required generally. �.36.17� License or permit—Issuance prerequisites—Appeal of denial— Transferabilitv. �36.180 I�Tame of business. I5.36190 Chanee of location—New applicatioi�ee required. �36.200 Sale or transfer of business— Effect—Fee for transfer of interest. �.36.20� Emplo�7nent of persons not possessin�permits prohibited. �.36.210 Records of treatment to be kept—Co�dentiality required—Disclosure deemed misdemeanor— Penalri�. � �.36.220 Inspection required four times per year. �36.230 Off-premises massages—Permitted ���hen. �36.23� Applicabiliri� ofprovisions. �36.240 "License or permit—Grounds for suspension or re��ocation. i36.24� License or permit— Suspension, revocation or denial —Public hearing. �36.250 Repealed. 5.36.260 Repealed �.36.270 Repealed. �36.280 Hearin2—Decision of determination. �36.290 — 5.36.320 Repealed. 536.325 Unla�iful operation dedared nuisance. 536.330 Violation—Penalri�. 536340 Operati��e date—Grandfather clause. * For statutor}� authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101. 14-87 5.36.010 Title for citation. .......................................................................................................................................................................................................................... This chapter may be cited as the "Chula Vista massage and holistic health practitioner establishment ordinance." (Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9..i0). 5.36.020.Purpose,ancl intent of�rovisions. ................................................................................................................... It is the purpose and intent of this chapter to establish appropriate rules and regulations for the conduct of massage and holistic health practitioner businesses �vithin the city, said rules and regulations providing for the proper training and qualifications of massage technicians and holistic health practitioners, the requirements of certain facilities and the physical la}�out for massage and holistic health practitioner establislunents and the manner in �i�hich said businesses may be conducted as necessary to protect the public health, safety and general welfare. Tl�e massage and holistic health business is declared to be a business subject to police and health regulations in the interests of protecting the patrons of such establishments. (Ord. 3025 § 1, 2005; Ord. 1312 § 2,-1970; prior code § 931). 5.36.030 Definitions. ............................................................................................................................................................................................... \�Jhene��er in this artide the follo�+�ing words or phrases are used, they shall mean: A. "City" means the city of Chula Vista; a mm�icipal corporation in the state of California; B. "Health departmenY' means the department of public health services of the county of San Diego ���hen the city department is enforcing the terms of this chapter; C. "License"means the business license to operate a massage establishment required by this code; D. "A4assage" means any method of pressure on, or friction against, or stroking, kneading; rubbin2, tapping; pounding, vibrating, or stimulating the external parts of the human body�vith the hands or other parts of the body, with or without the aid of anv mechanical or electrical apparatus or appliances, or�vith or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice; E. "Massage establishmenP' means an establishment having a fixed place of business �vhere any person engages in, conducts, carries on or permits to be engaged in, conducted or carried on any business where massages, as defined in this chapter, or other similar procedures are given or administered; F. "Massage technician' or "technician' means any person, male or female, who gives or administers to another person; for any form of consideration, a"massage ' or bath as those ���ords are defined in this chapter; G. "Permit" means the permit to engage in the activities of a massage technician required by this chapter; H. "Person" means a natural person, finn, co-partnership, association or corporation; I. "Holistic health practitioner'' means a nonmedical health care therapist who uses any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, 14-88 pounding; vibratine; or stimulating the eatemal parts of the human body with the hands or other parts of the body, «ith or�vithout the aid of any mechanical or electrical apparatus or appliances, rubbine alcohol, liniments; antiseptics; oils, powders, creams, lotions, ointments or other similar substances; and �vho claims exemption from police rewlation as a massage therapist pursuant to this chapter and ��ho presents to the police chief proof of satisfactorv completion of 1,000 hours of instruction in such specialt}� or therapeutic approach at a school �vith a state-approved curriculum and proof of membership in a state or nationallv chartered organization devoted to the specialty or therapeutic approach. The practice of such health care therapists, in addition to massage therapv, must include nutritional assistance; exercise programs and counseling that is directed to�vard health caze: J. "Holistic health practitioner business" means any business that is o���ned and operated by one or more holistic health practitioners and that hires or contracts «rith other holistic health practitioners or massage therapists for the purpose of nonmedical care; K. "i�'CBTMB" means the I`Tational Certification Board for Therapeutic Massaee and Bod��vork; L. "NCCAOD4` means the National Certification Commission of Acupuncture and , Oriental Medicine; i�4. "Off-premises massaee therapisf' means any person who provides massage sen�ices by appointment at a location other than premises licensed as a massage establishment. It includes massage therapists who provide off-premises massaoe services and���ho aze self- employed and/or��ho contract with or work for a business other than a massaee establishment: I�T. "State-appro��ed school" means any school or institution�i�ithin the United States, ���hich is approved bv the state in«hich it resides; for the teachine of massaee; O. "Specified anatomical azeas shall mean pubic re�ion; human genitals;perineum; anus and the areola and nipple ofthe female breast. (Ord. 3025 § 1, 200�; Ord. 2408 § 1; 1990; Ord. 2307 § 1; 1989; Ord. 22�6 § 2, 1988; Ord. li 12 § 2, 1970; prior code § 9.33). 5.36.035 Holistic health �ractitioner—Refuudable fee. ..... ...................................................................................................................... Repealed by Ord. 302�§ 1, 2005. (Ord. 2547 § 2, 1993). 5.36.040 Rules of construction of pro��isions—Liability —Scope— Compliance required.' ..... ......................................................................................................................................................................................................................... Tt�is chapter shall be construed liberally in order to effectuate its purposes. Unless othen�ise specificall}� prescribed in this chapter; the follo«�ing pro��isions shall eovern its interpretation and construction: A. �Vhen not inconsistent��ith the contest, �vords used in the present tense include the fuhue; words in the plural number include the singular number and words in the sineulaz number include the plival number. B. Time is of the essence in this chapter. I�'o license or permit holder shall be relie��ed of his obligation to comply promptly ��ith an}�pro��ision of this chapter bti�an}� failure of the cin� to enforce prompt compliance��ith anv of its provisions. 14-89 C. Any right or po���er conferred or duty imposed upon an}�officer, employee, department or board of city is subject to transfer by operation of la�v to any other officer, employee, department or board of city. D. No license or permit holder shall have any recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or the enforcement ihereof. E. This chapter does not relieve any license or permit holder or of any requirement of the city Charter or of any ordinance, rule, regulation or specification of the city. F. No license or permit holder possessing such a license or permit as of the effective date of this chapter shall be relieved of his obligation to compl}�fully�vith the provisions of this chapter�vithin the reasonable time established ]ierein. (Ord. 3025 § 1, 2005; Ord. 1312 § 2; 1970; prior code � 932). 5.36.050 License...-_Rec�uired....................................................................................................................................................... It is unlawful for any person to engage in, conduct, carry on or permit to be engaged in, conducted or carried on in or upon any premises �vithin the city a massage establishment or holistic health practitioner business without the license required by this chapter. Any person desiring to engage in off-premises massage must obtain an off-premises massage business permit. (Ord. 3025 § 1, 2005; Ord. 1312 y� 2, 1970; prior code § 9.34). 5.36.060 Technician -Permit-_Required..................................................................................................................... It is unlawful for any person to act as a massage technician or holistic health practitioner �vithout the permit required by this chaptec (Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.35). 5.36.070.Exceptions to a�Qlicability. .............................................................................................................................. The requirements of CVA4C 5.36.050 et seq. shall have no application and no effect upon and shall not be construed as appl}�ing to an}�persons designated as fo1loH�s: Ph}�sician, surgeon, chiropractor, osteopath, acupuncturist, aesthetician, barber, cosmetologist, . exercise physiologist manicurist, occupational therapist, physical therapist, hair stylist; or any registered or licensed vocational nurse working under the supervision of a physician, surgeon, chiropractor, or osteopath duly licensed to practice their respective professions in the state, nor shall the requirements of CVMC 536.050 et seq. apply to any treatment administered in good faith in the course of the practice of any healing art or profession by any person licensed to practice any such art or profession under the Business and Professions Code of the state or of any other la�v of this state. All individuals who use a massage specialty and therapeutic approach in caring for clients while under the "control and direction'' of the exempted classes of individuals as listed above, must have a valid massage technician or holistic health practitioner permit and comply with the requirements of this chapter. Practical nurses or other persons without qualifications as massage technicians, holistic health practitioners, or other persons not otherwise licensed by the state to practice pursuant to the Medical Practice Act, �vhether emplo}�ed by physicians, surgeons, chiropractors or osteopaths or not, may not give massages or massage procedures. 14-90 For the purpose of this section anv individual using massage specialn� and therapeutic approach in caring for clients is considered under the "control and direction ' of an exempt class individual only ���hen a member of that eaempt class is ph}�sicall}�present on the establishment premises ���here the massage is beine administered. (Ord. 302� � l, 200�; Ord. 2307 § 2, 1989; Ord. li 12 § 2, 1970; prior code § 936). 5.36.075 Massage and holistic health establishment permit and posting requirements —Name tags. .......... ...... ........................................................................................................................................._.................................................................. A. The massaee or holistic health establishment business permit, public health permit, and a copy of the permit of each massage therapist and holistic health practitioner working in the establishment shall be displayed in an open and conspicuous public place on the premises. B. Each massage therapist and holistic health practitioner must«ear a name tae on their outermost garment���hen �corking in the establishment The name tae must contain the therapist or practitioner's name as it appears on the police pernut. V C. It is unla«�ful for an}� massaQe or holistic health establishment to employ or permit an}� person to act as a massaee therapist or holistic health practitioner���ho does not possess a valid massage therapist or holistic health practitioner permit. (Ord. 302� § 1, 200�). 5.36:080 Massa�e.and.holistic health establishment hours and sen�ices. ....................................................................................................................................... A. It is unlawful for any responsible person to allo�v the establishment to be open bettveen the hours of 10:00 p.m. and 6:00 a.m. All customers, patrons and visitors must be excluded from the premises durine those hours. B. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in readily understandable languaQe. I�TO sen-ices other than those posted aze allo�ved. (Ord. 3025 § 1, 2005). 5.36.08� Massage and holistic health establishments patron's specified anatomical areas.co�.ered—i�o touchin��..................................................................................................................................................... A. Each establishment shall provide to all patrons clean; sanitary and opaque coverings capable of covering the patron's specified anatomical azeas. I�TO common use of such covering shall be permitted, and reuse is prohibited unless the covering has been � laundered afrer each use. In addition, no responsible person shall permit a massage to be ei��en unless the patron is covered by the covering provided b}�the establishment. B. I�TO responsible person shall permit anti�person in any azea ���ithin the massage establishment, �vhich is used by the patrons or�vhich can be vie���ed b}�patrons from such an azea; unless the person's specified anatomical azeas aze fullv covered. This subsection does not apply to momentary nudity; occuning in bathrooms, shower areas, or dressina or locker rooms. C. I�TO permittee shall eive a massaoe in any room �vith a patron unless the patron`s specified anatomical azeas are full}� covered ���ith an opaque coverine. D. i�'o responsible person shall permit any person to massaee; or intentionally touch the specified anatomical azeas of another person. y 14-91 E.No permittee shall massaee or intentionall}�touch the specified anatomical areas of another person. V F. The responsible person and permittee shall ensure that patrons are advised of this section prior to treatment. The advisal may be: 1. Posted as a documents in the room where the massage is conducted, or 2. Contained in patron intake documents, or 3. Posted in any manner approved by the chief of police. The advisal may paraphrase the language of this section so long as such language is approved b}�the chief of police. Language quoting these sections need not be pre-approved b}'the chief of police. (Ord. 3025 § 1, 2005). 5.36.090 Plumbing and electrical requirements for massage and holistic health establishments. .........................................................................................................................................................................:..:..................................................... All plumbing and electrical installations in massage and holistic health establishments must be installed under permit and inspection by the building inspection department and such installations shall be installed in accordance «�ith the Uniform Building Code and the Uniform Plumbing Code as adopted by this code. (Ord. 3025 § 1, 2005). 5.36.095 Permit and posting requirements for off-premises massage and holistic health.business...-_Name tags....................................................................................................................................................... A. It is unla�jful for any person to engage in off-premises massage or holistic health services �vho is not in possession of a valid off=premises massage or holistic health business permit. B. The off-premises massage and holistic health business permit must be displayed in an open and conspicuous place on the licensed business premises. C. Each permittee must wear a name tag on their outermost garment when providing off- premises massage or holistic health services. The name tag must contain the therapist or practitioner's name as it appears on the police permit. (Ord. 3025 § 1, 2005). 5.36.100 Equipment and cleanliness requirements for off-premises massage and holistic health. ................................................................................................................................................................................................................................... Each permittee shall provide to all patrons clean, sanitary and opaque coverings capable of co��ering the patron's specified anatomical areas. No common use of such covering shall be permitted; and reuse is prohibited unless the covering has been laundered afrer each use. In addition, no permittee shall give a massage unless the patron is covered by the covering provided by the permittee. (Ord. 3025 § 1, 2005). 5.36.10� Off-premises massage and holistic.health ap�ointment reyuirements. A. Any massage conducted in a place not open to public vie�v must be by appointment only. B. An off-premises massage technician or holistic health practitioner may perform massage without appointment if the massage is conducted in a public place open to view of the public such as in an airport, shopping center kiosk, or salon, or at events such as marathons and street fairs. (Ord. 3025 § 1, 2005). 14-92 5.36110 D4assage technician and holistic health practitioner operating ret�uirements. ....... .....- �-�-.........._..._..._...._................................_..._...................................................................................................................................... A. I�TO massaee technician or holistic health practitioner, �rhile performi�g any task or service associated «�ith the massaee or holistic health business, shall be present in any room �vith another person unless the person's specified anatomical azeas are fully co��ered. B. No responsible person shall permit and no massage technician or holistic health practitioner shall be on the premises of a massaee or holistic health establishment durine its hours of operation���hile performine or available to perform an}�task or semice associated ���ith the operation of a massaee business; unless the massaee technician is full}� co��ered from a point not to exceed four inches above the center of the l:neecap to the base of the neck, escluding the arms, ���ith the follo���ine exceptions: shons may be �vom so lone as the}�estend do��m the leg a minimum of three inches from the crotch and the bod}'abo��e that point is fully co<<ered to the base of the neck; excluding the arms. The coverine; which includes trousers, pants or shorts, �i�ill be of opaque material and ��-i11 be maintained in a clean and sanitary condition. C. No massage technician or holistic health practitioner, while performine any task or sen�ice associated ��ith the business of massaee, shall massaee or intentionalh� touch the specified anatomical areas of another person.y V D. Each massage technician or holistic health practitioner must �veaz a name ta2 when worl:ina as a massaee technician or holistic health practitioner. The name tae must contain the technician or practitioner's name as it appeazs on the police permit. E. It is unla���ful for any massaee technician or holistic health practitioner to use to�vels; linens or instruments durine the massase that are not in a clean or in a safe condition. F. It is unla�vful for any massage technician or holistic health practitioner to provide massage sen�ices berneen ]0:00 p.m. and 6:00 a.m.- G. The permittee shall ensure that patrons are ad��ised of CVMC �.36.080; prior to treatment The advisal may be (1) posted as a document in the room where the massaee is conducted, or (2) contained in patron intal:e documents; or(3)posted in an}� other manner approved by the chief of police. The advisal may pazaphrase the laneuaee of CVMC 536.080, so lone as such language is approved by the chief of police. Laneuaee quotine these sections need not be pre-approved by the chief of police. H. Any off=premises massage or holistic health business permittee �vho hires, dispatches or contracts �vith other off-premises massa2e technicians or holistic health practitioners to do off-premises massaee is responsible for ensuring that those technicians or practitioners comply Hith all applicable regulations in this section. The permittee must also make reasonable efforts to prevent criminal acti��ity by the other technicians or practitioners. In addition to all other grounds; prostitution by such technicians or practitioners is erounds for revoking the permit. I. The sale or sen�in�of food or beverage or the conducting of nonmassage business.or nonholistic health business is prohibited. (Ord. 302� § 1; 200�; Ord. 2307 § 3; 1989. Formerlv j..i6.07�). 14-93 5.36.115 Massage establishment, holistic health establishment, massage therapist, holistic health practitioner, off-premises massage business, holistic health business ad��ertisin re uirements. .........................�.......9.......................................................................................................................................................................................... A. Each technician, practitioner, establishment, or business licensed under this section shall include the number of their police permit in any advertisement of services appearing in any ne�vspaper, telephone directory; printed advertising medium, or electronic media. The reference does not have to contain the���ords "police permit." "Citp of Chula Vista permit number 1111,' or similar language, will suffice so long as the correct police permit number is included. B. Advertising hours other than those allowed in this section is grounds for regulatory action against the permittee. This subsection is regulator}� only. C. ]n addition to any criminal penalty, a violation of Business and Professions Code Section 17�00 (false or misleading statements) is grounds for regulatory action against the permittee. (Ord. 3025 § 1, 2005). 5.36.120 Cor�orate officers and �artners deemed ap�licants. Each corporate officer or partner of a massage or holistic health establishment is deemed an applicant for a massage orholistic health permit and each must provide the information required in CVMC 5.36.150. (Ord. 3025 � 1, 2005). 5.36.125 Designation of responsible managing officer—.Signature,on a�plications. An applicant that is a corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. The responsible managing officer may complete and sign all applications on behalf of the corporate officers and partners. (Ord. 302� § 1, 2005). 5.36.130 County health department inspection and investigation required before issuin� massa�e or holistic.health establishment�ermit. A. In addition to the requirements of CVMC 5.36.150, any persons desiring to operate a massage or holistic health establislunent shal] make an application to the County of San Diego, Department of Health Services, for a health permit. An annual nonrefundable fee, the exact amount of�vhich shall be determined and kept on record by the County Department of Health Services, shall accompany the submission of each application to the Department of Health Services to defray tl�e cost of investigation, inspection, and enforcement of the health aspects of this section. B. Any massage or holistic health establisl�ment pennittee failing to rene�y a health permit �vithin 30 days afrer its expiration shall be assessed a 10 percent penalty for each month of failure to renew. This penalty shall be added to the cost of the rene�val of the health permit fee. The entire sum shall be paid to the Department of Health Services. In no case shall the penalty exceed 60 percent of the renewal fee. The penalty imposed by this section, whetl�er or not the penalty is paid, shall not prevent imposition of any other penalties prescribed by this chapter or prevent prosecution for violation of this chapter. (Ord. 3025 § 1, 2005). 14-94 5.36_135.License...-.A�plication -In�:esti�atiou_fee required:....... ...... ...... ................ ... . . An}°person desiring to obtain a license to operate a massage or holistic health establishment shall make an application to the cit�� manager. A nonrefundable required fee(s). or the required rene�val fee(sl. to cover the cost of an im�estieation, shall accompany the submission of each application. T"° F°° -°�..:-�a '�.• ,'-:° °°�•:�� �'-��� „�, �.e _,,...:_,,,, F_ .... ......�:,..,.:,... .,. .e.,e.,. ., r.,.o.,..e ,...,,,.ea ...._......... ... .�,:� ,.�..,...,,_. ..� ..y�. ,... .v. �... u�, :.ie.7 1... ,.�..l.l:,.l.... ..r 1; 0.7 .. .�.. �1, eFF .. .1..�,. ,.f'rl.: ..1..,,.�e t..'......... .,...�.. �.�.v,.� :,-1,:..1. . ..� ...l.:e... . ....�:..., .....7 . .. 1...�1.., ,.1.:,,f..C,...l:..� ,.1...11 1.., .. ...,.1 �e�xeste� Such licenses. �i�hen issued. shall e�oire one ��ear from the date of issuance and ma�� be rene���ed onh� b�� filine a ��Titten request for rene�i�al. accomnanied b��the annual license fee and a copv of the license to be rene�ved. Said application fee shall be in addition to an}� license; permit or fee required under any provisions of this code. (Ord. 302� § l, 200�; Ord 2�06 § 1 (part), 1992; Ord 2408 § 1 (part); 1990; Ord li 12 § 2 (part); 1970; prior code § 9..i7. Formerly �36.080). �.36.140 License tac.re4uired —Rate. ............................................................................................................................ Every person operating a massase or holistic health establishment shall pay a license ta� in an amount as presentiv desienated, or as may in the future be amended, in the master ta� schedule; CVA4C �.07.030. (Ord. 302i § L 200�; Ord. 2408 � 1; 1990. Formerly �.36.081). 5.36.14�.Technician —.Permit.-.r1�.�lication-In�.estigatioo.fee:......... ....... ..................... .. . . Any person desiring to obtain a permit to act as a massage technician or holistic health practitioner shall mal:e an application to the cih� manaeer. A nonrefundable required fee(s); shall accompany the submission of each application to cover the costs of the in��estieation. A permit to act as a massaee technician or holistic health practitioner does not authorize the operation of a massaoe or holistic health establishment. An��person obtaining a pernut to act as a massa�e technician or holistic health practitioner nfio desires to operate a massaee establishment must sepazatel}� apply for a license therefor. A person who applies for a license to operate a massaee or holistic health establishment and who desues to act as a massage technician or holistic health practitioner���ithin said massa2e or holistic health establishment���ho pa��s the fees and tases required b}�CVMC �.36.li5 and �36.140 shall not be requued to pay the fee required by this section. (Ord. 302� § I; 200�; Ord. 2i06 § 1, 1992; Ord. 2408 § 1; 1990; Ord. li12 § 2, 1970; prior code § 9.38. Formerly �.36.090). �.36.1�O.License or�ermit—.a��lication —Contents.required. Any applicant for a license or permit under this chapter shall submit the follo���ing information: A. The full name and any other names ever used by the applicant; B. The cunent residential address and telephone number of the applicant. The previous addresses of applicant; if any; for a period of five vears immediately prior to the date of the application and the dates of residence at each; 14-95 C. The address of the proposed massage establishment or holistic health practitioner business; D. Written proof that the applicant is over the age of 21 years; E. Applicant's height, weight, color of eyes and hair; F. Two passport photographs at least t���o inches by two inches, taken within the last six months; G. Business, occupation or employment history of the applicant for the five years immediately preceding the date of the application; H. The business license or permit history of the applicant. Whether such person, in previously operating in this or another city or state under license or permit, has had such license or permit suspended or revoked, the reason therefor, and the business activit}� or occupation subsequent to such suspension or revocation; _ _ I. All arrests and/or com�ictions and/or nolo contendere (no contest) and guilty pleas eacept for minor traffic infractions. Charges dismissed pursuant to Penal Code 1203.4(a) must be included. Dates of arrest and/or com�iction and/or plea and the court must also be included. J. A certificate from a medical doctor licensed to practice in the state of California stating that the applicant has, ���ithin 30 days immediately preceding the date of the application; been examined and found to be free of any contagious or communicable disease; K. Applicant shall be required to furnish his fingerprints; L. Applicant must furnish a diploma or certificate of graduation from a recognized school or other institution of learning �vherein the method, profession and work of massage technician is taught. The terms "recognized school" or`bther institutions of learning' shall mean and include any school or institution of learning which has for its purpose the teaching of the theory, method; profession or�vork of massage technicians; which school requires a resident course of study of not less than 500 hours (massage technician) or 1,000 hours (holistic health practitioner). Schools offering conespondence courses not requiring actual attendance of class shall not be deemed a "recognized school." The city has the right to confirm the fact that the applicant has actually attended dasses in a recognized school for the aforementioned minimum time periods. Proof of successful completion of a nationa] certification exam administered by a national professional certification organization approved by the chief of police. The esams administered by the NCBTMB and NCCAOn� are approved by the chief of police; M. Such other identification and information as may be required in order to discover the truth of the matters hereinabove specified as required to be set forth in the application. If necessary, the Chula Vista police department may take the fingerprints and additional photographs and confirn� the height and ���eight of the applicant; N. If the applicant is a corporation, the name of the corporation exactly as shown in its Articles of Incorporation or Charter, together with the state and date of incorporation and names and residential addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of the corporation; 14-96 O. If the applicant is a partnership, the name and residential addresses of each of the parcners, includins limited to partners; P. If the applicant is limited partnership; a copy of the limited partnership's certificate of limited partnership as filed �vith the Counn� Clerk; Q. If one or more of the limited partners is a corporation, the applicant shall provide the information about that partner; R. If the applicant is a corporation or partnership, the name of the responsible managing officer. (Ord. 302� § 1; 200�; Ord. li 12 § 2. 1970; prior code § 939. Formerly �36100). �.36.1�� Grounds for denial of massage establishment permit, holistic health establishment permit, off-premises business permit, massage therapist permit, holistic health..Practitioner�ermit:...................................................................................................................................... In addition to the grounds for denial stated in CVA�C 5.02.200; an application for a massage establishment permit; holistic health establishment permit, off=premises business pernut, massage therapist permit or holistic health practitioner permit shall be denied for anv of the follo�3�ine reasons: A. The applicant has �+�ithin 10 years immediately precedine the date of the filing of the application, been com�icted of any oF the follo��2ng offenses: 1. An}�offense described in Califomia Penal Code Sections 266h; 266i, 31�, 316, 318, 653.22; or 647(a), 647(b), 647(k)(1); 6�7(k)(2), or 647(k)(3). 2. An}�offense described in CaliFomia Penal Code, Part One, Title 9, Chapters 7.5 and 7.6; or the applicant has ��7thin five yeazs immediatel}�precedine the date of filine of the application been convicted of: a chazee of violating an}� lesser included or lesser related offense, including California Penal Code Section 41�; in satisfaction of or as a substitute for, an original chazge of an}�of the offenses listed above. 3. The applicant has been com�icted of anv offense, which requues reeistration as a sea offender under Califomia Penal Code Section 290 or where regisuation pursuant to Penal Code Section 290 ���as part of the imposed sentence. B. Arrests for any of the abo��e violations may also be grounds for denial. (Ord. 302� y 1, 200�). 5.36:160 Rene��.al,of massa�e thera�pist or holistic health practitioner�ermit. A. Rene«=al of a Permit Shall Be Annual. All current massage therapists. holistic health practitioners; off-premises massage technicians and off=premises holistic health practitioners workins in the city of Chula Vista, must rene��� license�annually. B. Additionally, in order to renew a massaee technician; holistic health practitioner; off- premises massage or holistic health business permit, the permittee must provide proof of 12 hours of continuing education in massage therapv. The continuine education hours must be obtained from a facilitv or oreanization approved bti�the I�'CBTMB;I�'CCAOM, or a state-appro��ed school or anv other certification organization recognized by the chief of police. 14-97 C. Additionall}�, the permittee must sho�v proof that the permittee's national certification is current. Proof from I�'CBTMB;NCCAOM, or any other certification organization recognized by the chief of police; is sufficient. (Ord. 3025 § 1, 200�). 5.36165 Equipment and cleanliness requirements for massage and holistic health establishments. ................................................................................................................................................................................................................................. A. Disinfectin� agents and sterilizing equipment must be used to ensure that any instruments used in performing any massage are clean and safe. B. Pads used on massage tables must be covered in a workmanlike manner with durable, washable plastic or other«�aterproof material. C. Cleanable and nonabsorbent waste containers with tight-fitting covers shall be provided for the storing of all waste matter and shall be maintained in a clean and sanitar}� condition. D. Closed cabinets or containers shall be provided for the storage of laundered towels and linens.Nonabsorbent containers or laundry bags shall be provided for damp or soiled linen, and linen shall be kept therein until removed for laundering. E. All establishments shall be so equipped, maintained, and operated as to effectively control the entrance, harborage, and breeding of vennin, including flies. When flies or other vermin are present; effective control measures shall be instituted for their control or elimination. (Ord. 3025 § 1, 2005). 5.36.170 Facilities -_Rec�uired...generallY..�........................................................................................................................ No license to conduct a massage or holistic health establisliment shall be granted unless an inspection by the city manager reveals that the proposed establishment complies with each of the following minimum requirements: A. A recognizable and legible sign shall be posted at the main entrance identif}�ing the premises as a massage or holistic health establishment; B. Minimum lighting shali be provided in accordance with the building code of the city and, in addition, at least one artificial light of not less than 60 �vatts shall be provided in each room or enclosure ���here massage services are perfonned on patrons; C. Minimum ventilation shall be provided in accordance with the building code of the city; D. Equipment approved by the health department for disinfecting and sterilizing instruments used in performing acts of massage shall be provided; E. Hot and cold running �i�ater shall be provided at all times; F. Closed cabinets shall be provided, which cabinets shall be utilized for the storage of clean linen; G. In any establishment in which massage services are rendered only to members of the same ses at any one time, such persons of the same ses may be placed in a single separate room or the operators of the massage establishment may elect to place such persons of the same sea in separate enclosed rooms or booths having adequate ventilation to an area outside said room or booth �i�hile massage services are being performed; 14-98 H. Adequate bathine; dressine; locker and toilet facilities shall be provided for patrons. A minimum of one tub or sho���er, one dressing room containine a separate locker for each patron to be served, �;�hich locker shall be capable of beine locked, and a minimum of one toilet and one �vash basin shall be provided by every massaee or holistic health establishment; provided however, that if male and female patrons are to be sen�ed simultaneously at said establishment, a separate massaee room or rooms; separate dressing facilities and separate toilet facilities shall be provided for male and female patrons. Further, in those establishments �vhere steam rooms or sauna baths are provided if male and female patrons aze to be sen�ed simultaneously, separate steam rooms or sauna rooms shall be provided for male and female patrons; I. All �valls, ceilings; floors; pools, shoti�ers; bathtubs; steam rooms, and all other physical facilities for the establishment must be in good repair and maintained in a clean and sanitary condition. �Vet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, sho��er compartments and toilet rooms shall be thorouohly cleaned and disinfected with a disinfectant approved by the health department each dati� the business is in operation. Bathtubs shall be thoroughly cleaned and disinfected �2th a disinfectant approved by the health department afrer each use; J. Clean and sanitap�towels and linens shall be provided for each patron of the establishment No common use of to�rels or linens shall be permitted; K. A minimum of one separate ���ash basin shall be pro��ided in each massaee establishment for the use of employees of any such establishment, «hich basin shall provide soap or detereent and hot and cold runnine H�ater at all times and shall be located ��ithin or as close as practicable to the area devoted to the performina of massaee semices. In addition; there shall be provided at each H�ash basin, sanitazy to���els placed in permanently installed dispensers. This section shall be construed to require minimum standards oniv. All applicable provisions of this code have full force and effect. The applicant shail be required to compiy���th all applicable provisions of this code. (Ord. 302� § 1, 2005; Ord. 1312 § Z; 1970; prior code § 9.40. Formerly �.36.110). � �.36.17� License or permit—Issuance prerequisites —Appeal of denial— Transferabilitv. ................................................................................................................................................................................................................................. A. Any applicant for a permit pursuant to these pro��isions shall present to the police department the application containing the aforementioned and described information. The chief of police shall have a maximum time period of 90 days in ���hich to investigate the application and the backeround of the applicant. Based on such in��estieation; the chief of police, or his represeniative; shall render a recommendation as to the approval or denial of the pemut to the cih� manaQer or his desienee. B. The department of building and housing; the fire department and the counh� health officer shall inspect the premises proposed to be de��oted to the massage or holistic health establishment and shall make separate recommendations to the citv manager or desienee conceming compliance �vith the foreeoing provisions. C. The cih� manaeer; or his designee; afrer receivin�the aforementioned and described recommendations; shall grant a permit to the establishment if all requirements for a 14-99 massage or holistic health establishment described herein are met, and shall issue a permit to all persons who have applied to perform massage services unless it appears that any such person has deliberately falsified the application or unless it appears that the record of an}� such person reveals a conviction of a felony or a crime of moral twpitude. The city manager or designee may recommend to the city council that an individual business establistunent shall be subject to a public hearing and council approval, when in his judgment any such business establishment has an effect upon the public health, safety or welfare of the community. D. Any person denied a permit by the cit}� manager or his designee pursuant to these provisions shall be notified pursuant to Chapter 1.40 CVMC regarding an appeal why the permit should be granted. The decision pursuant to Chapter 1.40 CVMC shall be final upon the applicant. Also, the city council may elect on its own motion to review any determination of the city manager granting or denying a permit, in which case, that decision shall then constitute the eahaustion of administrative remedy. E. All permits issued hereunder are nontransferable; provided however, a change of location of a massage establishment may be permitted pursuant to the provisions herein. (Ord. 3025 § 1, 2005; Ord. 2790, 1999; Ord. 2718 § 1, 1998; Ord. 1312 § 2, 1970; prior code § 9.42. Formerly 536.li0). 5.36.180 Name of business. ............................................................................................................................................................................................................................... No person licensed to do business as herein provided shall operate under any name or conduct his business under any designation not specified in this permit. (Ord. 3025 § i, 2005; Ord. 1312 § 2, 1970; prior code § 9.44. Formerly 5.36150). 5.36.190 Chan�e of location—Nc��� n lication Fee.rec�uired. ................................... A change of location of a licensed massage or holistic health establishment�a�e .va w. .�,e ,.:,.. .. :aea .,>> ., .,r,,..,w�o ., ,.v.�,:� ,.,,ae , � ^�°•° �`:.,..°°':,,�':�., shall deem the permit and license null and void. A ne�v application � shall be made b�� any person. firm or entitl' desirina to operate the massaee or holistic health establishment in a different location in the city. (Ord. 3025 § 1, 2005; Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1312 § 2, 1970; prior code § 9.45. Formerly 5.36.160). 5.36.200 Sale or transfer of business—Effect—Fee for transfer of interest. ................................................................................................................................................................................................................................... A. Upon the sale or transfer of any interest in a massage or holistic health establishment; the permit and license shall be null and void. A new application shall be made by any person, firm or entity desiring to o��m or operate the massage or holistic health establishment. The required fee(s) shall be payable for each such application invoh�ing sale or other transfer of any interest in an existing massage or holistic health establishment. The provisions of CVMC 5.36.150 shall apply to any person, firm or entity applying for a massage or holistic health establishment permit for premises previously used as such establishment. B. Any such sale or transfer of any interests in an existing massage or holistic health establishment or any application for an extension of the building or other place of 14-100 business of the massase or holistic health establishment, shall require inspection and shall require compliance �aith CVMC �.36.170. (Ord. 302� § 1, 200�; Ord. 2�06 § 1, 1992; Ord. 2408 § l, 1990; Ord. 1312 � 2; 1970; prior code § 9.46. Formerly �.36.170). 5.36.20� Emplo�.ment.of�ersons.not possessin��ermits�rohibited. .................._...... It is unlawful for the holder of a license to operate a massaee or holistic health establishment to emplo}� or othen��ise allo���a person ��fio has not obtained a��alid massaee technician's or holistic health practitioner`s permit to practice acts of massaee. (Ord. 3025 § 1, 200�; Ord. 1312 � 2; 1970; prior code § 9.47. Formerl}� �36.180). 5.36.210 Records of treatment to be kept—Confidentialih� required—Disclosure deemed misdemeanor—Penalh�. ................................................................................................................................................................................................................................... Even�person, association, firm or corporation operating a massage or holistic health establishment under a license as herein provided shall keep a record of the date and hour of each treatment; the name and address of the patron, and the name of the technician administering such treatment. Said record shall be open to inspection b}�officials charged �vith the enforcement of these provisions for the purposes of la��� enforcement and for no other purpose. The information fumished or secured as a result of any such inspection shall be confidential. Any unauthorized disclosure or use of such information by any officer or employee of the cih� shall constitute a misdemeanor and such officer or emplo}�ee shall be subject to the penalty pro��isions of this code, in addition to an��other penalties provided bv law. Identical records shall be kept of treatments rendered off the business site; and, in addition, shall describe the address Hfiere the treatment���as rendered. Said records shall be maintained for a period of ti��o yeazs. (Ord. 302� § 1; 200�; Ord. 1312 § 2; 1970; prior code § 9.48. Formerly 536.190). �.36.220.Ins�ectiou re4uired four.times�er.�:ear................................................................................................. The departments of building inspection, housing, fue; health, and police shall, from time to time and at least four times each year, mal;e an inspection of each massaee establishment in the ciri for the purpose of determinine that the provisions of this code aze met. (Ord. 302� § 1, 200�; Ord. 1312 § 2; 1970; prior code § 9.49. Formerly �36.200). �.36.230_Off-�remises.massa�es —Permitted ��:hen. : .................................................................................... It is unla�vful for any person to eneage in; conduct, carry on or permit to be engaged in, conducted or carried on the business of massaee in any hotel room; motel room, euest- house or other place of public accommodation. A. It is unla���ful for anv persons to engage in, or operate an off-premises massaee or holistic health business �vithout an off-premises massage or holistic health business police permit. B. Any persons possessing an off-premises massage or holistic health business permit is also pemutted to operate as a massage therapist or holistic health practitioner. C. Any person desiring to operate an off=premises massage or holistic health business, but�aho �i°ill not provide massage sen�ices may obtain an off-premises massase or holistic health business permit so lon�as the following conditions aze met: 14-101 1. The person meets the application requirements for an off-premises massage business permit except for the education requirements. D. This section shall not be construed to: 1. Prohibit maintaining a licensed massage or holistic health establishment upon the premises of a place of public accommodation; or 2. Prevent the holder of a license or the ho]der of a permit employed b}�the holder of a license issued pursuant to this chapter from giving or administering massages within hospitals, convalescent centers, rest homes or the private home of a patron. (Ord. 3025 § l; 2005; Ord. 1312 § 2, 1970; prior code § 9.50. Formerly 536.210). 5.36.23� A��licabilit�� of�rovisions. .................................................................................................................................. The pro��isions of this chapter shall be applicable to all persons and businesses described herein���hether the herein described activities �vere established before or afrer January 23, 1971. (Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code § 9.51. Formerly 5.36.220). 5.36.240 License or permit— Grounds_for sus�ension or revocation. In the event that any person holding a license or perniit issued pursuant to this chapter violates or causes or permits to be violated any of the provisions of this chapter; or any provision of any other ordinance or la�v relating to or regulating said business or occupation, or conducts or carries on such business or occupation in an unla�vful manner, the city manager, may, in addition to other penalties provided by ordinance, suspend or revoke the license or permit issued pursuant to this chapter. For the purpose of this section, a criminal court com�iction shall not be required to support a finding of a ��iolation of any law. (Ord. 3025 § 1, 2005; Ord. 1312 § 2, 1970; prior code y 9.52. Formerly 5.36.230). 5.36.245 License or permit— Sus�pension, revocation or denial—Public hearin�. Before denying, suspending or revoking a license or permit issued pursuant to this . chapter, the city manager shall offer the applicant or permittee a hearing as provided in Chapter 1.40 CVMC. (Ord. 3025 § 1, 2005; Ord. 2718 § 1, 1998; Ord. 1312 § 2, 1970; prior code § 9.53. Formerly 5.36.240). 5.36.250 Hearin�—1Votice required.................................................................................................................................... Repealed by O��d. 2718,¢ 1, 1998. (Ord. 1312 § 2, 1970; prior code § 9.54). 5.36.260 Hearin�—Procedure �enerally. ....................................................................................................................... Repealed by Ord. 2718� 1, 1998. (Ord. 1312 § 2, 1970; prior code § 9.55). 5.36.270 Hearing—Rules of e�.idence. ....................................................................................................................... Repealed b�� Ord. 2718§ l, 1998. (Ord. 1312 § 2, 1970; prior code § 9.56). 5.36.280 Heario�—Decision of determination. ..................................................................................................................................................... At the conclusion of the hearing, the city manager shall make an order. Such order can: A. Dismiss the chazges; B. Suspend or revoke the license or permit; or 14-102 C. Affix such other conditional and probationarv orders as may be proper for the enforcement of this chapter. A copy of the decision specifyin2 findings of fact and the . reasons for the decision shall be fumished to the license or permit holder. (Ord. 302� § 1, 200�; Ord. 1312 § 2; 1970; prior code § 9.�7). 5.36.290 Effect of decision sta��ed when. ..............................................................................n.................................................................................................................................................. Repea/ed by Ord. 2i18§ 1, 1998. (Ord. li 12 § 2; 1970; prior code y 9.�8). 5.36.300 Hearin�—.Not_required.«.hen —Effect. ....... ................................................................................................................. Repealed by Ord. 2718§ 1, 1998. (Ord. 1312 § 2, 1970; prior code § 9.�9). �.36.310 ARpeal...-_Petition_rec�uired................................................................................................................................... Repealed by Ord. 2i18§ 1, 1998. (Ord. 1312 § Z; 1970; prior code § 9.60). 5.36.320.A��eal—_Public hearin�—Notice—Effect of decision. _ _ ....................................................................................................... Repealed bv Ord. 2718� 1, 1998. (Ord. 1312 § 2; 1970; prior code § 9.6]). �.3632� Unla��-ful operation declared nuisance. .................................................................................................................................................................................................................................. Any massage establishment operated, conducted or maintained contrary to the provisions of this chapter shall be and the same is hereb}�declared to be unla�aful and a public nuisance. The citv attomey mati�, in addition to; or in lieu of prosecutine a criminal action hereunder, commence an action or actions, proceeding or proceedines for abatement, removal or enjoinment thereof; in the manner provided bv la«�. The city attomey shall tal:e such other steps and shall appl}� to such court or courts as ma}�have jurisdiction to grant such relief as shall abate or remove such massaee establishment and resvain and enjoin an}�person from operating, conductine, or maintainine; a massage establishment contrary to the pro�isions of this chapter. (Ord. 302� § 1; 200�). 5.36.330 Violation —Penalh�. .................................................................................................................................................................................................................................. A. Every person, e�cept those persons who aze specifically exempted by this chapter; whether actin� as an individual, on�ner; employee of the o��ner; operator or emplovee of the operator, or«hether actine as a mere helper for the oHmer; emplo��ee or operator; or whether actine as a participant or ��=orker in an}� �i�av, ti�ho eives massages or conducts a massage or holistic health establishment or room or«�ho does or practices anv of the other thinas or acts mentioned in this chapter H�ithout first obtaining a permit and paying for a license so to do from the cin�, or shall violate any pro��ision of this chapter is wilq� of a misdemeanor. B. Any o��mer, operator; manaLer, or permittee in charge or in control of a massa2e or holistic health establishment �vho l:no�;�in�lv emplo}�s a person performin� as a massage technician or holistic health practitioner as defined in this chapter�rho is not in possession of a��alid permit; or�ti�ho allows such an employee to perform, operate or practice �Tithin such a place of business, is euilri of a misdemeanor. C. Any massage or holistic health establishment operated, conducted; or mainiained contrarv to the pro��isions of this chapter shall be and the same is hereb}� declazed to be unlan-ful and a public nuisance and the cih� attorney may; in addition to or in lieu of prosecuting a criminal action hereunder; revoke the business license pursuant to the 14-103 procedure set forth in CVMC 536.240, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided b}� la�v; and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishments and restrain and enjoin any person from operating, conducting or maintaining a massage or holistic health establishment contrary to the provisions of this chapter. (Ord. 3025 § 1, 2005; Ord. 2256 § 3, 1988; Ord. 1312 § 2, 1970; prior code § 9.62). 5.36.340 O�erative date —Grandfather clause. .............................................................................................................................................................. All persons holding a (1) valid massage technician permit, (2) valid holistic health practitioner permit, or (3) an off-premises massage pennit and a (1) current business tax certificate or(2) proof of employment as a massage technician or holistic health practitioner �i�ithin the city of Chula Vista on November l, 2005, will have one year from the date of adoption of the ordinance codified in this chapter to meet the requirements contained in CVA�C 536.150(L). (Ord. 3025 § 1, 2005). � 14-104 COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AI�gNDING CHAPTER 4 (BUSINESS) OF THE CITY`S MASTER FEE SCHEDULE CREATING NE\�' FEES FOR FIREARA4S DEALERS �VHEREAS. the Ciri entered into a contract H�ith NBS to conduct smdies necessarv to determine the direct and indirect costs associated various administrative and reeulaton� activities conducted by the Cit}; and �VHEREAS. the Cost of Sen�ice Studv of User and Reeulatorv Fees. Selected Departments — Part I, prepazed by \'BS resulted in recommended chanees to business fees relatine to firearm dealers necessan� to ensure the Citv recovers the estimated reasonable cost of providing business regulatory services consistent with the Ciry's Cost Recovery Policy; and WHEREAS, in order to achieve equitable cost recovery for business re2ulatory services provided relating to firearm dealers , the Council ���ishes to amend Chapter 4 of the Ciry's A4aster . Fee Schedule, as set forth in E�hibit 1, attached and incorporated into this resolution by this reference, as if set forth in full; and �VHEREAS, the proposed fees do not exceed the reasonable cost of providin2 the associated sen�ices; and �VHEREAS; Article XIII C of the California Constitution requires a ��ote of the electorate to increase any levv, chazge. or exaction imposed by a local govemment, unless specifically exempted; and «'I-IEREAS; pursuant to the provisions of Artide XIII C, the proposed fees are exempt from the vote requirement; and NHEREAS; the proposed amendments to Chapter 4 of the Master Fee Schedule shall become effective upon adoption of this Resolution by the Ciry Council. N01'��, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby amend cenain sections of Chapter 4 (Business) of the Citi�'s Master Fee Schedule as reflected in E�chibit 1 to this Resolution. Presented by Approved as to form by ��� T� , ,,, � Maria Kachadoorian Glen R. Googins��(�,�,��((�`�,� Duector of Finance/Treasurer Ciry Attorney � J_l4nomev�FINAL RESOS,4�\D ORDINA\•CES�2013U? 17 13\Resolution-Finance-Dlaster Fee-F.doc 12/112013 I 1:57 rU1 14-105 MASTER FEE SCHEDULE ��Sr/ Chapter 4 - Business Fees '"�'—` General Business Fees � � � CIIY OF City of Chula Vista Finance Department CHULA VISTA 276 Fourth Avenue,Chula Vista,CA 91910 � GENERAL�BUSINESS;�ss�:•`�:_ak''''sr ���- 6. Firearms Dealer 1. Business License Fees,General Apqlication.........................................................$365 Annual renewal .................................................$310 Duplicate license.............................................$5.00 Change of location..............................................$12 �7.Fraternal Society Gameroom Home Occupation Permit...................................$25 Application...........................................................$50 Business resource and ener2v evaluation INon-compliance fine,greater of.........................$15 �$Holistic Health Practitioner or................................ 5%ofbusinesslicensefee Investigationfee...........,...................................$100 2. Sales, Special Investigation fee is refundable upon issuance of a Closing out sale,first 60 days............................$30 business license. Closing out sale, one 30 day eMension.............$15 ISpecial sales event.............................................$45 �9�unk Dealer Temporary outside sales event..........................$45 ApPlication...........................................................$80 Work permit, employee ID card..........................$30 SPECIFIC#BUSINESS -'-F�`t;,�''.� '. _�:�} . .�..�.- Work permit, change of address/replacement.$10 I1. Art Figure Studio �10. Live Entertainment APPlication.........................................................$100 Work permit, model ..........:.................................$25 Investigation fee...............................................$150 2. Bath House Investigation fee is refundable upon issuance of a business license. Application.........................................................$100 3811. Massage Establishment I 3. Bingo - New and Renewal Application.........................................................$150 Chairperson.........................................................$50 Sale/transfer,filingfee......................................$25 Co-Chairperson..............................:.....................$27 Changeoflocation,filingfee..............................$25 In the event an application is denied, fifty percent 3�12. A�assage Technician (50%) of the feel shall be refunded. Applicant yyorkpermit.........................................................$30 shall also pay the required fees for fngerprint Iprocessing for each change in the bingo �13. Mobile Home Park Annual Operating Fee chairperson. ' The annual safety and health fee for operation of a 4. Card Room mobile home park shall be as established by the Application.........................................................$500 State. IWork permit, card room manager......................$50 �14. Pawnbroker Work permit, card room employee....................$30 Annual renewal, card room manager................$20 Application...........................................................$80 Annual renewal, card room employee...............$10 Work permit,employee ID card..........................$30 Work permit,change of address/replacement.$10 5. Casino Parties Application...........................................................$50 �415. Peddler Application...........................................................$10 City of Chula Vista www.chulavistaca.gov 619.691.5250 14-106 ORDINAI`'CE I�TO. ORDINANCE OF THE CITY OF CHULA VISTA AR�EI�'DING SECTION 5.28.010 OF THE CHiTLA VISTA A�fiJNICIPAL CODE TO AUTHORIZE THE COLLECTION OF FIREARMS DEALER LICENSE ANI�TUAL FEES AND SECTION 5.28A15 TO REQUIRE ANNUAL II�TSPECTIONS OF FIREARMS DEALERS BY THE POLICE DEPARTMENT �VHEREAS, the State of Califomia Penal Code permits local licensing authorities to assess fees to recover their full costs of processing applications for a firearms dealer license; and; WHEREAS, the existine City of Chula Vista ordinance relating to Fireazms Dealers precludes the cin� from collectine a fee; and. WHEREAS; the Police Department must complete an inspection of the fireazms dealer business as part of the approval process. I�'0�4' THEREFORE the City Council of the Cit}� of Chula Vista does hereby ordain as follo�i�s: Section I. Chula Vista Municipal Code Chapter 5.28 is hereby amended to read as sho�im in attachment A. Section II. Severability If anv portion of tMs Ordinance, or its application to any person or circumstance; is for anv reason held to be invalid; unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionaliry shall not affect the validity or enforceabilit}� of the remainine portions of the Ordinance, or its application to any other person or circumstance. The Cih� Council of the Citv of Chula Vista herebv declazes that it �vould have adopted each section; sentence; clause or phrase of this Ordinance; irrespective of the fact that any one or more other sections; sentences; clauses or phrases of the Ordinance be declared invalid; unenforceable or unconstitutional. Section III. Construction The City Council of the Cin� of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict, applicable state and federal law- and this Ordinance shall be construed in light of that intent. Sectiou IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth da}� afrer its final passaee. J:�.4ttomev�Flri'AL RESOS A.�D ORD[\ANCES�2013\I? 17 li\Ordinance-Finance-\9aster Fee-F.doc 12/11/2013 12:21 PM 14-107 Ordinance Page 2 Section V. Publication The City Clerk shall certif}� to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: �G��-� ti`Y� David Bejarano Glen R. Googins Chief of Police City Attorney J:Wttomey\FINAL RESOS AND ORDINANCES�2013U2 17 13\Ordinance-Financc-�laster Fee-�.doc IZ/11/2013 1221 PM 14-108 Chapter 5.28 FIREARMS SALESx Sections: �.28.010 License required—Statuton� authoriri� applicable. �.28.01� Annual inspection required �.28.020 Purpose. �.?8.030 Definitions. �?8.040 Provision of safe fuearm storaee device. �?5.0�0 Provision of safe firearm storaee materials. �?8.060 Acl:no���ledement of receipt by purchaser. >.25.070 Representations. �.28.080 Exceptions. * For statutor}�authorit}� for cities to license businesses for purposes of revenue and rewlation, see Gov. Code y 37101. 5.28.010 License.re4uired - Statutory authorih:._aRPlicable. . . . . . .. .... .. . . . No person shall engaee in the business of sellina, or otherw�ise vansfemne; or advertise for sale or transfer; any pistol; revolver or other firearm capable of bein� concealed upon the person; ��2thout first obtaining a license from the chief of police, which license shall be issued in accordance with the conditions and provisions contained in�;�-f > -. . � - Article 1, Chaoter 2. Division 6. Title 4. Part 6 of the Penal Code. commencine at Section 26700. T,,°-° °,,°" ,.° � �,,°-,.° c�-.�,° ; �F•�:° ':�°�°° In accordance with Penal Code Section 2670�(d), a nonrefundable required fee(sl. or the required rene„�al fee(s). shall accomuanv the submission of each license application. Such licenses. when issued. shall expire one vear from the date of issuance and ma�� be rene�ti�ed onlv bv filins a ��ritten request for rene'wal, accompanied b�� the annual license fee and a copv of the license to be renewed. (Ord. 7�0; 1961). 5.28.015 Anoual inspection required The chief of police, or his desi¢nee. shall inspect each firearms dealer in the cin for the pumose of determinina that the provisions of Penal Code Section 16�7� are met. No license to conduct business as a firearms dealer shall be eranted unless an inspection re�•eals that the business complies ���ith all pro�isions. An inspection must be completed at least once per ��ear at the time of license aonlication or renew�al. 5.28.020 Purpose. ....................... ............................................................................................................................................................................................... The purpose of this section related to trieger lock and safe firearm storage is to reduce the incidents of accidental eun deaths caused by the unintentional discharge of a loaded firearm. Ten (10) percent of all Qun deaths in the United States are caused by accidental or unintentional dischazge of a loaded firearm. One out of three deaths from accidental 14-109 firearm discharges could be prevented by a firearm safety device. Most children who accidentally injure or kill themselves or a friend do so while playing with a loaded fireazm found in their home or a friend's home. The number of accidental deaths and injuries attributed to firearms and other weapons is unacceptable and wanants stricter control over the handling and storage of lawful firearms. Firearm owners have a responsibility to keep the public safe from the consequences associated with the proliferation and unsafe storage of firearms. Trigger locks or other similaz devices, when properly used, can prevent the accidental dischazge of firearms. This city has an interest in encouraging firearm oNners to store their firearms in a safe manner and out of the reach of children. (Ord. 2774 § 1, 1999). 5.28.030 Definitions. For the purposes of this chapter, the below terms aze defined as follows: A. "Firearm" means any device, designed to be used as a weapon or modified to be used as a weapon, from which a projectile is expelled through a barrel by the force of e�plosion or other form of combustion. B. "Fireazm dealer' means any person licensed by the city pursuant to California Penal Code Section 12071 for the retail sale of firearms within the city of Chula Vista. "Firearm dealer' shall not indude persons im�olved in transactions excluded under Califomia Penal Code Section 12070. C. "Safe fireann storage device" or "safe storage device" shall mean any of the following devices, the proper use of which will prevent the unintentional discharge of the firearm: 1. A lockable hard plastic or metal box capable of covering the whole of the fireann sold. The box shall have, or shall be provided with, a lock. 2. A soft case with an outer shell made �n�ith a heavy canvas or ballistic nylon capable of covering the whole firearm sold. The case shall have a zipper capable of being locked shut. The sofr case shall have, or shall be provided with, a lock. 3. Any type of reusable locking device that is capable of rendering the firearm sold, leased, or transferred inoperable, when properly installed by keeping the trigger from releasing the sear, thereby dropping the firing pin, or locking the action of the firearm open so it will not go into battery. Any device integrated into the firearm by the manufacturer wfiich meets the criteria of this paragraph shall qualify as a safe firearm storage device. 4. All locks or locking devices sold, furnished or made available in order to comply with the provisions of this chapter shall have a key or a combination with at least three tumblers. A firearm "safety' shall not be considered a safe storage device for purposes of this chapter. (Ord. 2774 § l, 1999). 5.28.040 Provision of safe tirearm storage device. A. It is unla��ful for any firearm dealer to sell, lease or otherwise transfer o�mership of any firearm without also providing with the firearm a safe firearm stora�e device 14-110 desimed to prevent the unintentional discharae of the firearm beine sold, leased, or vansferred. B. The safe firearm storaee device shall be locked in place; properl}� attached to, or properly coverinQ, the fuearm at the time it lea�es the firearm dealer's premises. C. Nothin� in this chapter shali prevent the firearm dealer from recoverino the cost of providing a safe firearm storase device by chazeine a price for the safe stora2e device, either sepazatel}� or as part of the price of the fireann. (Ord. 2774 § 1; 1999). 5.28:0�0 Pro�.ision.of safe firearm.stora�e materials.. .. . . .. . ..... . .. It is unla��ful for any firearm dealer to sell; lease or otherH�ise transfer ow�nership of any firearm without providing �irith the fireann printed material, approved by the chief of police, that advises the user of safe fireann storaQe practices. (Ord. 2774 § 1; 1999). 5.28.060 Acl:nowledgment of recei�t by �urchaser. .. ._ . . ............................. In connection �ith the sale, gifr; loan or transfer of a firearm, the firearm dealer shall obtain from the person receiving the firearm a siened acknowledgment that a triseer locking or similaz device required by CVMC �.28.030, and the printed material required by CVMC �?8.0�0, has been provided with the firearm. The acl:now�ledement shall be in a form approved by the chief of police. The fireazm dealer shall retain sianed acknowledements of receipt in the same manner and to the same extent as required by state law for other firearm transaction records. (Ord. 2774 y 1, 1999). 5.28.070 ReQresentatious. .................................................................................................................................................................... A fueazm dealer ��ho has fully complied with the provisions of this section relatine to vioger locking or similar devices shall not be presumed to have made any representation to the transferee regazding the safety or appropriateness of the use of the trieger locking or similar device. nor shall the fireazm dealer be liable in anv ci��il action brouaht aeainst the firearm dealer, to the estent such liability would be based solely upon the act of fumishing the trigger lockine or similaz device to a person in compliance with this section. (Ord. 2774 § 1, 1999). 5.28.080 Exce�tions............................................................................................................................................................................. A. The requirements of CVMC �?8.040; >.28.0�0 and �.28.060 shall not apply to fireanns that ha��e been determined bv the Director of the Bureau of Alcohol. Tobacco and Firearms, Department of Treasurv; to be curios or relics under federal law. B. The requirements of CVMC �.25.0&0; �.28.0�0 and �?8.060 shall not apply to fireanns rented at a licensed range for use on the range and shall not apply to temporan� lending transactions in�vhich the firearm does not leave the premises of the firearm dealer. (Ord. 2774 § 1; 1999). ................................................................................................................................................................................................................................. 14-111 I COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO BINGO LICENSE APPLICATION FEE R�FUNDS WIIEREAS, the City entered into a contract with NBS to conduct studies necessary to determine the direct and indirect costs associated various administrative and regulatory activities conducted by the City; and WHEREAS, the Cost of Sernice Study of User and Regulatory Fees; Selected Departments — Part 1, prepared by NBS does not identify any cost savings to the City resulting from denied bingo ]icense applications; and _ _ WHEREAS, refunding a portion of the bingo license application fees to denied applicants reduces cost recovery for this activity; and WHEREAS, the proposed amendments to Chapter 4 of the Master Fee Schedule shal] , become effective upon adoption of this Resolution by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby amend certain sections of Chapter 4 (Business) of the City's Master Fee Schedule as reflected in Exhibit 1 to this Resolution. , Presented by Approved as to form by � � lG' D �--- /U-- � i . Maria Kachadoorian Glen R. GooginsQ, :C�` l . , ���vs +r` I Director of Finance/Treasurer City Attomey � TWttome}��F'[hAL RESOS AND ORDIt�ANCES�2013\I2 17 13\Resolution-Finance-Master Fee-G doc 12/11/2013 11:59 AM 14-112 `"� MASTER FEE SCHEDULE � . / Chapter 4 - Business Fees �'�'—�—` General Business Fees � 1 0 I �m� City of Chula Vsta Finance Department CHULA VISTA 276 Fourth Avenue,Chula Vsta,CA 91910 � GENERAL BUSINESS :._�.:;,�� ' - =��'+' �; 6. Fraternal Society Gameroom 1. Business License Fees,General Application...........................................................$50 Duplicate license.................:...........................�5.00 7. Holistic Health Practitioner Change of location..............................................$12 Home Occupation Permit...................................$25 Investigation fee...............................................$100 Business resource and enerev evaluation Investigation fee is refundable upon issuance of a Noncompliance fine,greater of.........................$15 business license. or................................ 5%of business license fee 8. Junk Dealer - - 2. Sales,Special p PPlication...........................................................$80 Closing out sale,first 60 days............................530 Work permit,employee ID card..........................$30 Closing out sale,one 30 day extension.............515 Work permit,change of address/replacement.510 Special sales event.............................................$45 Temporary outside sales event..........................$45 9� Live Entertainment Investigation fee...............................................5150 SP,EGIFIC'BUSINESS ;',;=�;_,:'�,-��:.��,�.;;_ 1. Art Figure Studio Investigation fee is refundable upon issuance of a business license. Application.........................................................$100 Work permit, model............................................$25 10. Massage Establishment 2. Bath House APPlication....................................::...................$150 Sale/transfer,filing fee ......................................$25 Application.........................................................$100 Change of location,filing fee..............................$25 3. Bingo - New and Renewal 11. Message Technician Chairperson.........................................................$50 Work permit.........................................................$30 Co-Chairperson....................................................$27 12. Mobile Home Park Annual Operating Fee �.. .�., .,�: ,.,,,.. ,,,..:,.,, E;H., .,.,« ���o�� .,� .�., �,..,� ..�.,�� �, .,.<..:,,,,,,, The annual safety and health fee for operation of a �„-,,,,,,. ,,,,',; ,,,,,� ;, . ,,,�';° .,,,;�,,,,� ,�, mobile home park shall be as estabtished by the s.. ... .. .. �,.. „ ,.�^,.�...... ., .�,,. State. _ "e � � ��, °�'s°°�°`�'°'T 13. Pawnbroker 4. Card Room Application...........................................................580 Application.........................................................5500 Work permit, employee ID card..........................$30 Work permit, card room manager......................550 Work permit, change of address/replacement.�10 Work permit,card room employee....................$30 14. Peddler Annual renewal,card room manager................$20 Annual renewal,card room employee...............310 Application...........................................................$10 5. Casino Parties 15. Public Dance Application................................:..........................$50 Application...........................................................$50 City of Chula Vsta vnvw.chulavistaca.gov 619.691.5250 14-113 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMEI�rDING SECTION 9.12.160 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO BINGO LICENSE APPLICATION FEE REFUNDS WHEREAS, Section 912160 (B) of the Chula Vista Municipal Code requires the payment of an application fee with each bingo license application and states that "In the event an application is denied; 50 percent of the investigation fee shall be refunded;' and WHEREAS, the City entered into a contract with NBS to conduct studies necessary to determine the direct and indirect costs associated various administrative and regulatory activities conducted by the Cit}; and WHEREAS, the Cost of Service Study of User and Regulatory Fees; Selected Departments — Part I, prepared by NBS does not identify any cost savings to the City resulting from denied bingo license applications; and WHEREAS, refunding a portion of the bingo license application fees to denied applicants reduces cost recovery for this activity. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code section 9.12.160 (B) is. hereby amended to remove the partial refund requirement for denied applications, and shall read as follows: 9.12.160 Bingo—Term of license and fees. B. For a new license application or for each change in the bingo chairpersons who will manage the bingo game, there shall be a non-refundable fee for investigation and for processing the applicanYs fingerprints. The required fee(s) shall accompany the submission of each application. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declazes that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional. J:�Attomey\fINAL RESOS AND ORDINANCES�2013U2 U 13\Ordinance-Finance-Master Fee-G.doc � 12/ll/2013 12:23 PM 14-114 Ordinance Pase 2 Section III. Coustruction The Ciry Council of the City of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict; applicable state and federal la�v and this Ordinance shall be construed in lieht of that intent. Section IV. Effecti��e Date This Ordinance shall take effect and be in force on the thinieth day afrer its fmal passage. Section V. Publication � The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: �� �� 1� � Maria Kachadoorian Glen R. Gooeins Finance Director/Treasurer Cih� Attome}� 1:Wttomev�FINAL RESOS A\D ORDI\A\CES�2013\IZ 17 1310rdinance-Finance-D9aster Fee-G.doc 12/1 II2013 1223 PD1 . 14-115 COUNCIL RESOLUTION NO. • RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO PAWNBROKERS, SECONDHAND AND JUNK STORE DEALERS WHEREAS, the City entered into a contract with NBS to conduct studies necessary to determine the direct and indirect costs associated vazious administrative and regulatory activities conducted by the City; and WHEREAS, the Cost of Service Study of User and Regulatory Fees, Selected Departments — PaR I, prepared by NBS resulted in recommended changes to business fees relating to pawnbrokers, secondhand and junk store dealers necessary to ensure the City recovers the estimated reasonable cost of providing business regulatory services-consistent ���ith the City's Cost Recovery Policy; and WHEREAS, in order to achieve equitable cost recovery for business regulatory services provided relating to pawnbrokers, secondhand and junk store dealers, the Council wishes to amend Chapter 4 of the City's Master Fee Schedule, as set forth in Exhibit l; attached and incorporated into this resolution by this reference, as if set forth in full; and WHEREAS, the proposed fees do not exceed the reasonable cost of providine the associated services; and WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government, unless specifically exempted; and WHEREAS, pursuant to the provisions of Artide XIII C, the proposed fees are exempt from the vote requirement; and WHEREAS, the proposed amendments to Chapter 4 of the Master Fee Schedule shall become effective upon adoption of this Resolution by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby amend certain sections of Chapter 4 (Business) of the City's Master Fee Schedule as reflected in Exhibit 1 to this Resolution. Presented by Approved as to form b}� �'.���� �, .� Maria Kachadoorian Glen R. Googins � y� �(,� Director of Finance/ Treasurer City Attorney � 1:Wtmmey�FlNAl RESOS AND ORDINAKCESl013U2 17 13UtesolmiomFnance-Mas�er Fee-H doc 12/712013 I2 16 PM 14-116 `"r/ MASTER FEE SCHEDULE �` Chapter 4 - Business Fees ------ General Business Fees � � � I �'� City of Chula Vsta Finance Department CHUTA VISTA 276 Fourth Avenue,Chula Vista,CA 91910 � GENERAL'BUSINESS's; ^�' .5+���.::'.��;�_ , 6. FratemalSocietyGameroom 1. Business License Fees, General Application...........................................................$50 Duplicate license.............................................$5.00 �. Holistic Health Practitioner Cha nge of location..............................................$12 Home Occupation Permit...................................$25 Investigation fee...............................................$100 Business resource and ener¢v evaluation Investigation fee is refundable upon issuance of a Non-compliance fine,greater of.........................$15 business license. or................................ 5%of business license fee 8. Junk Dealer - - 2. Sales,Special Application....................................................$�9315 Ciosing out sale,first 60 days............................$30 Renewal. everv 2 vears.....................................5100 Ciosing out sale,one 30 day e#ension.............$15 Special sales event.............................................545 Wer'�i"'�", .,....,�,.,,_,. ��.....,,..........................��� . �er...�, ..,....,�. ..�,_.,T_ ..s..aa. _.-�....,�_..� _., e�n Temporary outside sales event..........................$45 � - � , PECIFIC�BUSINESS"_., _-:�>.`'� �:�..;_'�:;:;r' 9� �iveEntertainment �� _. __�_�_� .__ _ _ . . -- Investigation fee...............................................$150 1. Art Figure Studio Application.........................................................$100 Investigation fee is refundable upon issuance of a Worli permit, model............................................$25 business license. 2. Bath House 10. Massage Establishment Application.........................................................$100 Application.........................................................$150 Sale/transfer,filing fee......................................$25 3. Bingo - New and Renewal Change of location,filing fee..............................$25 Chairperson.........................................................$50 11. MassageTechnician Co-Chairperson....................................................^�27 Workpermit.........................................................$30 In the event an application is denied, fifty percent (50%) of the feel shail be refunded. Applicant 12. Mobile Home Park Annual Operating Fee shall also pay the required fees for fingerprint The annual safety and health fee for operation of a processing for each change in the bingo mobile home park shall be as established by the � chairperson. State. 4. Card Room 13. Pawnbroker APPIication.........................................................$500 Work permit,card room manager......................$50 Application....................................................589315 Work permit,card room employee ....................$30 Renewal everv 2 vears..... . ... .. .....$100 Annual renewal, card room manager................$20 Annual renewal, card room employee...............$10 �eFk-cer�"F-Pawnshoo emolovee ID card Aoolication....................................................$�8165 5. Casino Parties Annuai renewal...................................................$70 `"'�-�iChange of address/replacement$10 Application...........................................................$50 � City of Chuia Vista www.chulavistaca.gov 619.691.5250 14-117 A4ay-December �TER FEE SCHEDULE ■ FEE BULLETIN 4100 Page 2 of 2 293A2013 14. Peddler Application...........................................................$10 15. Public Dance Application...........................................................$50 16. Second Hand Dealer Application....................................................$�9315 Renewal. everv 2 years.....................................$100 �n .. ...� ,, n,....a Gon ., ..... ..... ... .. rorn-pc-rmr�., ..........................�vv 1n1..., .. ...'♦ ..L.�.�n.. ..f�..J.l...��/.....I�............� C1l� I1�. $OIICiiOf Application...........................................................$10 - Work permit, ID card, annual.............................$15 18. Transient Merchant Application...........................................................$10 19. Alcoholic Beverage Control (ABC) Determination of Public Convenience or Necessity The filing fee shall be the Citys full cost including overhead. At time of filing a deposit shall be required. Fi I i ng deposit.....................................................$250 City of Chula Vista www.chulavistaca.gov 619.691.5250 14-118 ORDIi�'ANCE I�'0. ORDII�'AI�TCE OF THE CITY OF CHULA VISTA r�MENDIIVG SECTION �.38.030 OF THE CHULA VISTA MUI�TICIPAL CODE TO AUTHORIZE THE COLLECTION OF PAR�'BROKER. SECOI�rDHAI�TD AI�rD JiJNK STORE DEALER LICEI�rSE BIENI�TIAL REI�TEWAL FEES AND SECTION 538.120 TO AUTHORIZE THE COLLECTIOTi OF PAVI'tiSHOP EMPLOYEE IDENTIFICATIOI�' CARD AI�T'UAL REI�'E�T�'AL FEES V�'HEREAS; the State of California Business and Professions Code 21641 permits local licensine authorities to assess fees to recover their full costs of processin¢ applications for pawnbrokers, secondhand, or junl: store dealers; and, � R'HEREAS; the State of Califomia Department of Justice license for a pawnbroker, secondhand, or junk store dealer is valid for two yeazs; and, �V1-IEREAS, the existine City of Chula Vista Municipal Code Section �38.030 relatine to Pa��mbrokers; Secondhand, and Junl: Store Dealers does not specifi� the term of a license: and, �VHEREAS, the existine City of Chula Vista Municipal Code Section �.38.120 relating to pawnshop employee identification cazds does not specify the valid term of a cazd. NOW THEREFORE the Cit}� Council of the City of Chula Vista does hereby ordain as follo�vs: Section I. Chula Vista n4unicipal Code Chapter �.38 is hereby amended to read as shown in attachment A. Section II. Severabilih' If any portion of this Ordinance, or its application to anv person or circumstance; is for any reason held to be in��alid; unenforceable or unconstitutional, b}� a court of competent jurisdiction, that portion shall be deemed severable; and such invalidity; unenforceability or unconstitutionalit}� shall not affect the validity or enforceability of the remainine portions of the Ordinance. or its application to any other person or circumstance. The Cin� Council of the Cirv of Chula Vista hereby declazes that it would have adopted each section, sentence; clause or.phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences; clauses or phrases of the Ordinance be declared im�alid, unenforceable or unconstimtional. J:Wttome��FI�AL RESOS�D ORDII�ANCES�2013\I2 17 13\Ordinance-Finance-Dlaster Fee-H.doc 12/I1/2013 12:02 PM 14-119 I Ordinance Page 2 Section III. Construction The City Council of the Cih� of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Sectio� IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day afrer its final passage. Section V. Publication The City Clerk shall certif}� to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented By: Approved as to form by: �,�, i; �L%,� i, David Bejarano Glen R. Googins��. '� „�; ��L� Chief of Police City Attorney "� J:Wttomey�FRvAL RESOS AND ORDINANCE5�2013\I2 17 13\Ordinance-Finance-�laster Fee-H.doc I?/Il/2013 I?:0?P�1 14-120 Chapter 5.38 PAWNBROKERS, SECONDHAND AND .TUNK STORE DEALERSx Sections: �.38.010 License—Required—Ta�es—Prerequisites— Scope. �.38.020 Definitions. �.38A30 License—Permit prerequisite—Im�estieation fee—Application—Contents required. �.38.040 Pa��mbroker or secondhand dealer—Records to be kept. �38.0�0 Pa��mbroker,junl:or secondhand dealer—Reports required—Time. �38.060 Pa��mbroker or secondhand dealer—Records and reports—Contents required. �38.070 Junk dealer or collector—Records to be kept. - >.38.080 Use of fictitious name prohibited. �.38.08� Transactin� business �;�ith minors prohibited. �.38.090 Disposal of inerchandise—Restrictions. �.38.100 Hours and days for conducting business. �.38.110 Exceptions to applicability—Donations. �38.120 Pa��mshop—Employee identification cazd required. �38.li0 Junkyard; secondhand dealer or auto wrecker—Compliance required— Generallv. �.38.140 Junl:yazd; secondhand dealer or auto �i�ecker—Enclosure required. �.38.150 Junkyazd, secondhand dealer or auto wTecker—Gates on fence. �.38.160 Junkyazd, secondhand dealer or auto ��ecker—Pemvtted heieht of stored materials. �.38.170 Junkvazd, secondhand dealer or auto �vrecker— Sims or materials not permitted where. � �38.180 Junkyard; secondhand dealer or auto «Tecker—Inflammable liquids to be drained from ��ehicles. 5.38.190 Junl:yard; secondhand dealer or auto �i�recker— Inspection requirements. �..i8.200 Junlq�ard; secondhand dealer or auto „recker— Compliance required— License prerequisite. 535.210 License—Revocation or suspension when. �38.220 License—Public hearing on suspension/revocation. * For statutor}�provisions authorizing cities to license businesses for purposes of revenue and regulation, see Go��. Code § 37101; for statutory provisions authorizing cities to license businesses in the exercise of police po�ver; see Bus. and Prof. Code §§ 16000— 16003. For provisions regarding auctions and auctioneers; see state law. 14-121 5.38.O10.License- Rec�uired-Taxes-_Prerec�uisites -Sco�e. . . ... . Every person conducting, engaging in, or carrying on the business of pawnbroker or junk or secondhand dealer or collector shall possess a valid, esisting and unrevoked license therefor. Such license or licenses shall be issued by the director of finance of the city upon the payment of a tax as presently designated, or as may in the future be amended, in Section �38.010 of the master tax schedule in CVMC 5.07.030; provided, however, that said director of finance shall not issue any such license without the consent in Nmiting first having been had and obtained from the chief of police and presentation of the police permit, as required pursuant to the provisions of CVMC 5.38.020, et seq. Nothing in this section or this chapter contained shall be deemed or construed to apply to the loaning of money on personal property or personal security by any banl: authorized to do so under the la�vs of the state. (Ord. 2408 § 1, 1990; Ord. 1560 § 1, 1974; Ord. 1462 § 1, 1973; Ord. 1294 � 1, 1970; Ord. 1009 § 1, 1966; prior code � 18.62). 5.38.020 Definitions. ................................................................................................................................................................................................................................... For the purpose of this chapter and the licensing requirements of CVMC Title 5 the following definitions shall apply: A. "Auto recycler' means and is any person engaged in the purchasing of motor vehicles or used motor vehicle parts or used motor vehicle motors, as the term "motor vehicle" is defined in the California Vehide Code, for the purpose of reconditioning and sah�aging, or dismantling or disassembling, parts, materials, tires and accessories; for the purpose of reconditioning any other motor vehicle, or selling or otherwise dealing in the materials or parts of motor vehicles; or for the resale of such items. Any person who has dismantled three or more motor vehicles for the above purposes during any one calendar year shall be classified as an auto rec}�cler. B. "Junk collector' means and is defined as a person not having a fi�ed place of business in the city ���ho goes from house to house, or from place to place, gathering, collecting, buying, selling or otheni�ise dealing in any old rags, sacks, botUes, cans, papers, metal (including gold or mercury), or other articles commonly known as junk. C. ".lunk dealer" means and is defined as a person, not an auto wrecker, having a fixed place of business in the city and engaged in conducting, managing or carrying on the business of buying; selling, or otherwise dealing in old rags, sacks, bottles, cans, papers, metal (including gold or mercury), or other worn or discarded articles, either at wholesale or retail. D. "Pawnbroker" means and is defined as a person engaged in, conducting, managing or carr}'ing on the business of pa��nbroking, or the business of loaning money, for himself or for any other person; upon personal property, or the business of purchasing articles of personal property, and reselling or agreeing to resell such articles to the vendors, or their assigns, at prices agreed upon at or before the time of such purchase. E. "Pawnshop" means and is defined to be any rooin, store or place in��hich any such business is engaged in, carried on, or conducted. 14-122 F. "Secondhand dealer means and is defined as anv person buying; sellina or othernzse dealine in secondhand eoods. «�azes and merchandise, other than a used car dealer, a dealer in secondhand books or maeazines; or secondhand clothing. (Ord. 2037 § 1, 198�; Ord. 1931 y� 1, 1981; Ord. 1769 § 1; 1977; Ord. 1008 § 2, 1966; prior code § 17.1). �.38.030 License—Permit prerequisite—In��estigation fee—Application— Contents rec�uired. ....... ......................................................................................................................................................................................................................... A. I`TO license shall be issued to any pa�+nbrokec juni: or secondhand dealer in the city as defined herein pursuant to the pro��isions contained in CVMC �.38.010 �vithout the �iritten appro��al and a permit therefor having been obtained from the chief of police. The chief of police shall chazae a nonrefundable required fee(s), or the required rene�cal fee(s), to cover the cost of investigating the applicant. Such licenses_ ���hen issued, shall expire t���o years from the date of issance and may be rene�ied only-bv filine a «ritten request for rene���al; accompanied by the ]icense fee and copti� of the license to be rene«ed. Every person ���ishine to engage in the business of patimbroker or junk or secondhand dealer shall file an application for a permit; signed by the applicant, with the chief of police, and the application shall show the following information: 1. Permanent home address and full local address of applicant; 2. A brief description of the nature of the business and eoods to be sold; 3. A photograph of the applicant, taken ��ithin 60 days immediately prior to the date of the filing of the application, ���hich picture shall be hvo inches by nvo inches, showring the head and shoulders of the applicant in a clear and distin2uishing manner: 4. The fingerprints of the applicant; �. A statement as to whether or not the applicant has ever been convicted of any offense invoh�ine stolen property, and if so, the details in general of such com�ictions, and specifi�in�the particular crimes or misdemeanors im�ol��ed and the dates and places of such con�ictions. B. In the e��ent that the chief of police; upon investigation, should determine that the issuance of such a permit to the applicant ���ould be detrimental to the public health, safet}�, and general ���elfare of the city; either because of the moral chazacter of the applicant or the creation of a policing problem as a result of the establishment of a pa«�nshop or junk or secondhand shop in a paRiculaz location, or shoN�ing that an increase in the number of pa«�nshops orjunl: or secondhand shops over and above the existin�number�vithin the cit}� «�ould be detrimental to the public health, safety and general welfare, said findines shall be prepazed in ��Titing and delivered to the applicant. The applicant may, upon receipt of such notice of denial, appeal such denial to the ciry council, within ]0 days of the receipt of the denial, b}• filine a notice of appeal ���ith the cit}� clerk of the city. The council shall set the matter of the denial for hearing in the same manner as set forth in CVA7C �38.210 and �.38.220. (Ord. 2�06 � 1, 1992; Ord. 2408 § 1, 1990; Ord. 1961 � 1; 1982; Ord. 1931 S 1, 1981; Ord. 1008 § 2; 1966; prior code § 17.2). 14-123 5.38.040 Pawnbroker or secondhand dealer—Records to be ke�t. ....................................................................................... ........................................................................ All pa«�nbrokers and dealers in secondhand articles of every kind, nature and description shall keep a record on forms approved by the chief of police of any and all articles acquired by such persons by purchase, pledge or otherwise. Each transaction shall be kept in chronological order concurrent with the making of said transaction, and shall at all times during ordinary business hours be open to inspection by an}�police officer of the city. (Ord. 1931 § 1, 1981; Ord. 1008 § 2, 1966; prior code § 17.3(A)). 5.38.050_Pa��,nbroker,,junk or.secondhand dealer—Re�orts_rec�uired — Time. A. Every pa�i�nbroker; secondhand and junk dealer, on each day except Sundays and legal holidays, before the hour of 10:00 a.m., shall make and deliver to the chief of police, in �7iting, upon blank forms of a type and content as approved by the chief of police and provided by said pa«mbroker or junk dealer, a full, true and complete repoR, in chronological order, of all dealings in secondhand goods, �yares and merchandise by such pawnbroker or junk dealer during the 24 hours preceding said report. B. Eaceptions. The follo���ing are excluded from the operation of this chapter: 1. Secondhand propert}�which a dealer has acquired from another person who, under applicable state and/or local laws, has previously reported such secondhand property to the appropriate police agency. The dealer acquiring such property shall keep records of all such acquisitions, which shall be presented to the police department upon demand. (Ord. 1931 § 1, 1981; Ord. 1769 § 1, 1977; Ord. 1008 § 2, 1966; prior code § 173(B)). 5.38.060 Pawnbroker or secondhand dealer—Records and reports—Contents rec�uired. ....................................................................................................................................................................................................................... The records and reports described in CVMC 5.38.040 and 5.38.050 shall contain the time of day when the article was purchased or received, a complete description of each article purchased or received, and a reasonable description of the person or persons from whom purchased or received, or ��-ith whom dealt, and the true name and address of such person or persons, as nearly as same is known tq or can be ascertained by, the person making such report, and a certification by the intended seller that to his or her knowledge and belief the information is true and complete. If any such artide purchased or received has engraved thereon any serial number, �vord or initial, or contains any setting of any kind, the description of such article shall contain such serial number, �vord or initial, and shall sho�v the kind of setting or settings and the number of each kind. Such records shall also contain the amounts of money loaned and the ]ength of time during which such loan is to continue and the rate of interest eaacted for such loan. Any such report made, delivered or recei��ed pursuant to this chapter shall be open only to the inspection of the police department of the city, unless exhibited by order of court of competent jurisdiction. (Ord. 1931 § 1, 1981; Ord. 1008 y 2; 1966; prior code § 173(C)). 14-124 5.38.070 Junk.dealer or.collector-.Records.to.be.ke�t... . .. ......... .. . . ... ....... ..... . . . .. All persons eneaged as junk dealers or collectors shall keep a record of any and all articles acquired by purchase; s�+�ap or othern�ise, ���hich record shall contain the name and address of seller, date of transaction and such other information as may be required bv the chief of police. Such records may be destro}�ed after one yeaz. Any such report or record made; deli��ered or received pursuant to this chapter shall be open only to the inspection of the police department during ordinarv business hours, unless exhibited by order of a court of competent jurisdiction. (Ord. 1008 § 2, 1966; prior code § 17.4). 5.38.080.Use,of fictitious.name�rohibited. .................................................................................................................. It is unla���ful for any person to sign or give a fictitious name or address upon the deposit; sale or pledge of an}� goods, wares, merchandise or thing of value; or for use in the report form required to be made by the pro��isions of this chapter or for use in the reQister required to be kept bv the provisions of Section 339 of the Penal Code. (Ord. 1008 y 2, 1966; prior code § 17.�). 5.38:085.Transactinp.business.n:ith.roinors �rohibited. ................... . . .. . ........ ..... .. ... ....... ........ . I�TO pawmbroker or secondhand dealer or junk dealer shall purchase or receive in pledge any personal property from anv person under the a�e of 18 years. (Ord. 1931 § 1; 1981). 5.38:090,Disposal.of.merchandise—Restrictions. ...................................................................................................................................... It is unlawful for any pa«mbroker or secondhand dealer to sell or otherNRSe dispose of anv article; merchandise or object�i�ithin 30 days; except to.the pledgor afrer same has been received or purchased, or to fail to keep such article, merchandise or object unaltered, as pledged or purchased, in lots separate and apart from other articles; merchandise or objects in the place of business of such pa��mbroker or secondhand dealer in the city for a period of 30 days from the date of pledge or purchase thereo£ except upon the approval of the chief of police; provided, ho���ever; that junl: dealers; collectors, and secondhand dealers may; upon appro��al of the chief of police, sell or othenvise dispose of any such items within seven days. (Ord. 1931 § 1; 1981; Ord. 1008 � 2, 1966; prior code § 17.6). 5.38:100.Hours_and.da�.s for.conducting.business.. .. . .... .. .. ......... .. ................ ... ... .......... It is unla�vfiil for any person conductine, manaeing or cam�ina on the business of pa��mbroker or secondhand dealer. bu}�ing or selline used je�velrv, watches, diamonds; clothin�, musical instruments, lugeaee and spoRS goods, except a dealer in secondhand automobiles or furniture, to conduct such business as follo���s: A. Beriveen the hours of 6:30 p.m. and 8:30 a.m. on ���eekdays. escept that during the month of December such places of business shall be permitted to remain open until 9:00 p.m.; 14-125 B. Bet��een the hours of 6:30 p.m. on Saturday and 830 a.m. on Monda}; C. On the follo�ving holidays: New Yeaz's Day, Memorial Day, the Fourth of July; Labor Day, Thanksgiving Day, and Christmas Day. (Ord. 1008 § 2, 1966; prior code § 17.7). 5.38110 Exce�tions to a��licability—Donations. ........... ............................................................................................... The provisions of this chapter shall not apply to any person �vho sells or deals in secondhand goods, wares or merchandise which have been donated to said person or the organization which he represents. A donation occurs, far the purposes of this chapter, �vhen a gift is made to the person or his organization, for which gift no money; property or other goods or services of value are exchanged or to be received in the future. (Ord. 1008 § 2, 1966; prior code 5 17.8): 5.38.120 Pa��.nsho� —Em�loy;ec identification card rec�uired. Every person who is to be employed by the owner of the pa�vnshop in the conduct of the business shall first file an application for an identification card, signed by the applicant with the chief of police. The application shall show the follo�ving information: A. Permanent home address and full local address of the applicant; B. A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, �vhich picture shall be two inches by t«�o inches, showing the head and shoulders of the applicant in a clear and distinguishing manner; C. The fingerprints of the applicant; D. A statement as to ���hether or not the applicant has ever been convicted of any offense involving stolen property, and if so, the details in general of such convictions, and specifying the particular crimes or misdemeanors involved and the dates and places of such convictions. No person carrying on the business of a pa�vnbroker shall employ anyone who has not received such a police identification cazd and such identification cazd shall not be issued if the applicant has been convicted of a crime involving stolen property. A nonrefundable required fee(s), or the required rene�val fee(s), shall be charged for such identification card. Such identification cards; ��fien issued, shall expire one year from the date of issuance and may be rene�ved onl}� by filing a ���ritten request for rene�i�al, accompanied by the annual license fee and a copy ofthe license to be renewed. (Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1961 § ], 1982; Ord. 1931 § 1, 1981; Ord. 1680 § 1, 1976; Ord. 1008 § 2, 1966; prior code § 17.9). 14-126 5.38.130 Jun6��ard, secondhaod dealer or auto «�recker— Compliance required— Generalh-. ......_.......................................................................................................................................................................................................................... It is unlaw�ful for anv person to carry on, maintain or conduct the business of junl: dealer, junk collector; salva2e or junkyard, or junk or secondhand material storaee or to deal in secondhand articles, other than motor vehicles, in the cit}�; or to carry on, maintain or conduct the business of auto «�recker, �vhether conducted in conjunction n�th the sale of used motor vehicles or not, unless such business is carried on. maintained or conducted in compliance ���ith the regulations set forth in this chapter. (Ord. 1008 § 2, 1966; prior code § 17.10). 5.38.140.Jun6-�.ard,.secondhand dealer or auto ���recker—Endosure rec�uired. ..... ............................................................................................................................ Anv business described in CVMC �38.130 shall be carried on. maintained or conducted entirelv inside an enclosed buildino; unless the premises on ��=hich such business is carried on; maintained or conducted is entirely enclosed b}� a solid fence or wall at least six feet in heieht and constructed according to the requirements of the building code. The fence or�vall required by this section shall be maintained in a neat, substantial, safe condition and shall be painted. (Ord. ]008 § 2; 1966; prior code � 17.11). 5.38.150 Junkvard, seco�dhaud dealer or auto wrecker—Gates on feuce. .................................................................................................................................................................................................................................. Fence gates for access to the premises shall not swing oum�azdly, and shall be kept closed �vhen the premises aze not open for business. l�'ot more than one gate shall be constructed and maintained on each side of the lot or pazcel of real property on which such business is conducted, and no such gate shall exceed 20 feet in �vidth. (Ord. 1008 § 2; 1966; prior code § 17.12). 5.38.160 Junk��ard, secondhand dealer or auto «•recker—Permitted height of stored materials. ................................................................................................................................................................................................................................... \'o juril:; secondhand articles, automobile sah�aged parts, metals; tires or accessories shall be piled, or permitted to be piled; in excess of the height of the enclosing fence or wall, or nearer than rivo feet thereto. I�'o automobile shall be stored or piled on top of another automobile. (Ord. 1008 § 2; 1966; prior code § 17.13). 5.38.170 Jun6-��ard, secondhand dealer or auto �r-recker—Signs or materials not �ermitted n here. ............................................................................................................................................................................................................................ I�'o signs, new materials offered for sale,junk, secondhand articles, automobiles; automobile parts, metals; tires or accessories shall be displaved, offered for sale; stored ' upon; or deposited upon any public street; alley, side���alk; public parkway or other public place. (Ord. 1008 § 2; 1966; prior code � 17.14). 14-127 5.38180 Junkpard, secondhand dealer or auto wrecker—Inflammable liquids to be drained from vehicles. ..................................................................................................................................................................................................................... All gas or other inflammable liquids shall be drained and removed from any unregistered motor vehicle located thereon. (Ord. 1008 § 2, 1966; prior code § 17.15). 5.38.190 Junk7-ard,.secondhand dealer.or auto ��.recker—Inspection rec�uirements. The premises shall be so arranged that reasonable inspection or access to all parts of the premises can be had at any time by the proper fire, health, police and building authorities. (Ord. 1008 § 2; 1966; prior code § 17.16). 5.38.200 Junk��ard, secondhand dealer or auto �rrecker—Compliance required — License rere uisite. - � . . .................�...........�.......................................................................................................................................................................................... No license, nor any renewal thereof, shall be hereafter issued unless or until the chief of police has reported to the finance officer that the provisions of CVMC 5.38.130 through 5.�8.190 have been complied with. (Ord. 1008 § 2, 1966; prior code § 17.17). 5.38.210 License—Re�.ocation or suspension �+.hen. . .. . . ...... ... . . . In the event that any person holding a license authorizing him to engage in, conduct, manage or carry on the business of a pa«�nbroker or secondhand dealer, or any agent or employee of any such person, violates or causes or permits to be violated any of the provisions of this chapter, or has been convicted of any crime involving stolen property; the Chief of Police shall, in addition to the other penalties provided by this chapter, forth��ith suspend the business license or licenses and cause said business to be ' immediately closed. The Chief of Police shall notify the license holder of the suspension of said license by delivering a notice of such suspension to the license holder or his agent or emplo}�ee. Delivery of such notice may be made personally or by placing such notice in an envelope properly addressed to such license holder with postage prepaid, sealed and deposited in the United States mail. A licensee, upon suspension of such license, shall have the right to appeal to the City Manager from such order of suspension by the Chief of Police by the filing of a notice of appeal, paying appropriate appeal fees as set forth in the master fee schedule and stating tl�e grounds therefor. Such appeal shall be filed ���ith the City A4anager within 10 days afrer notification of suspension. The City Manager shall utilize the pro��isions of Chapter 1.40 CVMC regarding notice, appeal and hearing governing the exhaustion of administrative remedy for the revocation or suspension of permits. (Ord. 2718 � 1, 1998; Ord. 1931 § 1, 1981; Ord. 1761 § 1, 1977; Ord. 1008 § 2, 1966; prior code § 17.18(A)). 14-128 5.38.220 License—Public_heario� on.suspeosion/re�.ocation:..._........ . ....................... .............. .................................................................. The City Manager shall refer the notice of appeal for hearine in accordance «�th Chapter 1.40 CVD4C, and the licensee shall be notified in ��riting of the tune, place and date of hearing; which shall be not less than 10 dati�s from the filine of the notice of appeal. If the license or licenses of any person licensed by this chapter is so revoked, no license shall be granted to such person to conduct or carr}� on such business ���ithin six months afrer such revocation. During the period of suspension or revocation; the Chief of Police shall sequester any pledeed or pa��med eoods and hold said goods at the police station in the Cit��or other secured location, and shall post an appropriate notice at the place of business that such goods may be reclaimed at the police station. (Ord. 2718 § I, 1998; Ord. 1761 § 1, 1977; Ord. 1008 § 2, 1966; prior code § 17.18(B)). 14-129 COUNCIL RESOLUTION NO. RESOLUTIOI�' OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS) OF THE CITY'S MASTER FEE SCHEDULE RELATING TO ART FIGURE STUDIOS WHEREAS, Chapter 5.14 of the Chula Vista Municipal Code provides for the regulation of art figure studios; and WHEREAS, in November 2012 the City Council adopted Ordinance 3241 amending Chapter 9.13 oF the Chula Vista Municipal Code regulating the licensing and operational standards for sexually oriented businesses; and WHEREAS, Ordinance 3241 includes art model studios in the definition of se�:uall}� oriented business; and WHEREAS, Chapter 5.14 of the Chula Vista Municipal Code has been repealed this same day; and WHEREAS, it is now necessary to eliminate art figure studio fees from the City's Master Fee Schedule. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it does hereby amend certain sections of Chapter 4 (Business) of the City's Master Fee Schedule as reflected in Exhibit 1 to this Resolution. Presented by Approved as to form by . � ,. l l� ' �'L ��/�-, Mazia Kachadoorian Glen R. Googins`� � � '' �-- � , �(;i��-rs Director of Finance/Treasurer City Attorney �1 1:\Attome��\FINAL RESOS AND ORDINANCES\?013U 2 I7 13\Resolution-Pinance-Master Fzz-I.doc 12/11/2013 12:07 P�4 14-130 `"r/ MASTER FEE SCHEDULE : � � Chapter 4 - Business fees "�` General Business Fees � � O � C�iY OF Ciry of Chula Vsta Finance Departmeni � CHUTA VISTA 276 Fourth Avenue,Chula Vfsta,CA 91910 � I �GENERAL,BUSINESS ,�' ;,...'�-�`.-'�.=��;;��;� �S.FratemalSocietyGameroom , .. -- - � 1. Business License Fees,General Application...........................................................S50 IDupiicate license .............................................55.00 �.Holistic Health Practitioner Change of Iocation..............................................S12 Home Occupation Permit...................................525 Investigation fee...............................................5100 Business resource and energy evaluation Investigation fee is refundable upon issuance of a Noncompliance fine,greater of.........................$15 business license. or................................ 5%of business license fee 87.Junk Dealer 2. Sales,Special APPlication...........................................................$80 Closing out sale,first 60 days............................$30 `Nork permit, employee ID card..........................$30 Closing out sale, one 30 day extension.............S15 Work permit, change of address/repiacement.$10 Special sales event.............................................545 ITemporary outside sales event..........................$45 �Live Entertainment Investigation fee...............................................5150 SPECIFIC BUSINESS'_ ' �,,,���: ,= ; r ' , _ c:.. .s.y;�,:•_x;.�.� , l�„ �„ ,,, �, ,,.,, Investigation fee is refundable upon issuance of a �'-"`-"s°"°`°°'° business license. n....r,.,,.:..., e�nn , ......................................................... Wer�, ,.,,.M:. M,,,,.,� ............................................e�� �69_Massage Establishment I �1.Bath House APPlication...........................................:.............S150 . Sale/transfer,fiiing fee......................................$25 Application.........................................................S100 Change of location,fiiing fee..............................525 I32.Bingo - New and Renewal i�10. Massage Technician . Chairperson.........................................................$50 Work permit.........................................................$30 Co-Chairperson....................................................$27 Ii�-11. Mobile Home Park Annual Operating Fee In the event an application is denied, fifty percent (50%) of the feel shall be refunded. Applicant The annual safety and health fee for operation of a shall also pay the required fees for fingerprint mobile home park shall be as established by the proceuing for each change in the bingo State. chairperson. �312. Pawnbroker 43.Card Room Application...........................................................$80 Application................. Work permit, employee ID card..........................$30 ........................................5500 Work permit,change of address/replacement.510 Work permit, card room manager.................... .550 IWork permit,card room employee ....................$30 �13. Peddler Annual renewal,card room manager................520 Annual renewai,card room employee...............$10 Application...........................................................S10 I �-4.Casino Parties 3�14. Public Dance Application...........................................................$50 Application...........................................................b50 City of Chula Vista www.chulavistaca.gov 619.691.5250 14-131 ORDINANCE N0. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 5.14 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO ART FIGURE STUDIOS WHEREAS, the City of Chula Vista Municipal Code Chapter 5.14 provides regulation for the operation of Art Figure Studios; and, WHEREAS, the City of Chula Vista Municipal Code Section 5.14.020 defines an art figure studio; and, WIIEREAS, the City of Chula Vista adopted Ordinance Number 3241 in November 2012 to regulate Sesually Oriented Businesses; and, WHEREAS, the City of Chula Vista Municipal Code Section 9.13.020(H) defines an adult model studio in the same manner as the City of Chula Vista Municipal Code Section 5.14.020; and, - WHEREAS, the City of Chula Vista Municipal Code Section 9.13.020(X) determines an adult model studio to be a Sexually Oriented Business required to follow the provisions of Chapter 9.13; and, NOW THEREFORE the City Council of the City of Chula Vista does hereby repeal Chula Vista Municipal Code Chapter 5.14. Section II. 5everability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict; applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effecti��e Date This Ordinance shall take effect and be in force on the thirtieth day afrer its final passage. TWnomev�F'INAL RBSOS AND ORDINANCES�2013\I2 17 13\Ordinance-Finance-Master Fee-I doc ]2/11/2013 1?25 PM 14-132 Ordinance Paee 2 Section V. Publication The City Clerk shall cenifi�to the passaQe and adoption of this Ordinance and shall cause the same to be published or posted accordine to law. Presented By: Approved as to form by: l' �Q � / David Bejazano Glen . Googins � 1 Chief of Police Ciry Attorney `' i « �L� J:Wttomev�FINAL RESOS AND ORD17�'ANCES\?013\I? ll 13\Ordinance-Finance-Mucer Fee-I.doc 12/11/20li 12:25 PM 14-133 COUNCIL RESOLUTION NO. RESOLUTIOI�' OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 (BUSINESS) OF THE CITY'S MASTER FEE SCHEDULE WHEREAS, the City entered into a contract with NBS to conduct studies necessary to determine the direct and indirect costs associated various administrative and regulatory activities conducted by the City; and WHEREAS, the Cost of Service Study of User and Regulatory Fees, Selected Departments — Part I, prepared by NBS resulted in recommended changes to business fees necessary to ensure the City recovers the estimated reasonable cost of providing business regulatory services consistent with the City's Cost Recovery Policy; and WHEREAS, in order to achieve equitable cost recovery for business regulatory services; the Council wishes to amend Chapter 4 of the City's Master Fee Schedule, as set forth in Exhibit 1, attached and incorporated into this resolution by this reference, as if set forth in full; and WHEREAS, the proposed fees do not exceed the reasonable cost of providing the � associated services; and WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or eaaction imposed by a local government, unless specificall}� exempted; and WHEREAS, pursuant to the provisions of Article XIII C, the proposed fees are exempt from the vote requirement; and WHEREAS, the proposed amendments to Chapter 4 of the Master Fee Schedule shall become effective upon adoption of this Resolution by the City Council. NOW, THEREFORE, BE 1T RESOLVED by the City Council of the City of Chula Vista that it does hereby amend certain sections of Chapter 4 (Business) of the City's Master Fee Schedule as reflected in Exhibit 1 to this Resolution. Presented by Approved as to form by �t,G'�c�i � /(��/(�/' . Maria Kachadoorian Glen R. Googins u,,���j,i�"{�.�� Director of Finance/ Treasurer City Attorney � �� J:Wttomev�F'INAL RESOS AND ORDINANCES\2013U2 17 13Utesolution-Financo-Master Fee-J.doc 12/I1/2013 12:12 PM 14-134 MASTER FEE SCHEDULE �`��� Chapter 4 - Business Fees '''�' General Business Fees � � � I �m�F City of Chula Vista Finance Department CHULA VISTA 276 Fourth Avenue,Chula Vista,CA 91910 GENERAL BUSINESS "' �' :f=- 5. Casino Parties , � . , . ;� - - - ._:. � 1. Business License Fees, General Application....................................................558265 Duplicate license.............................................$5.00 6. Fraternal Society Gameroom Change of location..............................................$12 � Home Occupation Permit...................................$25 APPlication....................................................$�0265 Business resource and energy evaluation 7. Holistic Health Practitioner Noncompliance fine, greater of.........................$15 Investigation fee...............................................$100 or................................ 5%of business license fee Investigation fee is refundable upon issuance of a 2. Sales, Special business license. Closing out sale,first 60 days............................$30 Closing out sale, one 30 day extension.............$15 $• �unk Dealer Special sales event.............................................$45 APPlication...........................................................580 Temporary outside sales event..........................$45 Work permit,employee ID card..........................530 Work permit, change of address/replacement.510 PECIFIC BUSINESS.(REGULATORY.j�'�_ � (] I :. .. C..�...'..'.....,...� 1. Art Figure Studio ' Application.........................................................$100 In�es�igaFienfea ..................53�8 Workpermit, model............................................$25 � .,...:,..,,,.., o,,,. .- .,F ..,,..� ,. _ � ...... ..d........ ..... ..+ .�..u i ivuu�..v�v �n�rr�� 2. Bath House Application�annual................................��991400 38:9_Massage Establishment ��....,.,,.,, o_.,,, ._ APPlication................................:........................$150 3. Bing^ _ Sale/transfer,filing fee......................................$25 Aoolication...................... . . 5265 Change of location,filing fee..............................525 Annual renewal ... ... .. .. . $265 Fh;ir„ersen.........................................................5�9 3�10. MassageTechnician Fe Ehairpersen....................................................S�-'r Workpermit.........................................................S30 In the event an application is denied, fifty Percent I (50%) of the feel shall be refunded. Applicant �`11. Mobile Home Park Annual Operating Fee shall also pay the required fees for fingerprint The annual safety and health fee for operation of a processing for each change in the bingo mobile home park shall be as established by the chairperson. State. 4. Card Room �312. Pawnbroker ���:ieaQien.........................................................5�99 Application...........................................................$80 ::'ert«ermif, eard reem manag.,r......................5�8 Work permit,employee ID card..........................$30 Werl�„ermi4, sardieerr3-eaapl�^ ........�5�8 Work permit,change of address/replacement.$10 nrnool reneti�al,ear� resm manag_r................S?9 Anneal renewa4-e�re�;o�^.�—$'� �413. Peddler Work oermit. aoolication... .... .. .$175 Application....................................................$�0165 Work oermit. annual renewal............ ..............$100 City of Chula Vsta wvnv.chulavistaca.gov 619.691.5250 14-135 May-December �TER FEE SCHEDULE ■ FEE BULLETIN 4100 Page 2 of 2 293.82013 �14. Public Dance See Master Fee Schedule Fee Bulletins 1-100 and Application....................................................$b9175 1-200 for additional discussion of full cosi recoverv and current hourly rates 3�15. Second Hand Dealer Application...........................................................$80 Work permit,employee ID card..........................$30 Work permit,change of address/replacement.$10 3�16. Soliator Application includes ID card.......................$39165 `"'^•�,ID card, annual renewal.......... $7033 I3�17. Transient Merchant _ Application....................................................$3�165 � 3�18. Alcoholic Beverage Control (ABC) Determination of Public Convenience or NecessiTy IPCN)Hearing Th� f� '..b f..� �I.�II 4... ��.. !"���o...-a i'iv�vcr� BVE'K�1�crv'�. y 1�F-im.^'2-6�i-irtrn�� ^g--a�E�36$fE S�h3�.-��ic I@�k •..rc^-�''. €+I+a�HearinF fee....................... Full cost recoverv Initial deposit.......................................... $1 500�-58 PPEALS��;r �,�;;; �`f �' �: 19. ABC PCN Determination Processin2 fee Full cost recoverv IniTial deoosit...... $1000 20. Police ReEUlated Business License Processin2 fee Full cost recoverv Initial deoosit.. . . .. . .$250 FULL"�C�ST�RECOVERY `"�' .'`�� ' � � ;',a��. For all full cost recoverv fee items an initial deoosit shall be collected to cov x the Citv's full cost. includin2 overhead incurred in coniunction with review and orocessing as reauested by aoolicant. Additional funds mav be collected as required. to cover Crtv costs Should the �plication be withdrawn at arn time the deoosit shall be adiusted to cover the Citds actual costs includin� overhead. uo to that time Anv funds remainin�on deoosit at the time of the comoletion or withdrawal of the aoplication shall be returned to the deoositor after accountine for exoenses incurred to date. City of Chula Vista www.chulavistaca.gov 619.691.5250 14-136