CC - Item 6A - Adoption of Amended Fee Resolution ipE M
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PRIDIC STAFF REPORT
RPORATED'959
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL R. MANIS, CITY MANAGER c,2..-t.
DATE: JULY 26, 2016
SUBJECT: ADOPTION OF AMENDED FEE RESOLUTION
SUMMARY
At the City Council meeting of July 12, 2016, the City Manager was requested to
increase the administrative citation fine for violation of Rosemead Municipal Code
Section 8.28.110 "Storage and discharge of fireworks by consumer" and Section
8.28.120 "Prohibitions on discharge" as related to the storage and/or discharge of illegal
fireworks from $500 for the first violation to a flat $1,000 for the first and any subsequent
violations.
Staff Recommendation
It is recommended that the City Council approve Resolution No. 2016-37 amending the
fee charged for the administrative citation fine for violation of Rosemead Municipal Code
Sections 8.25.110 and 8.28.120 from $500 for the first violation to a flat $1,000 for the
first and any subsequent violations.
BACKGROUND
Rosemead Municipal Code (RMC), Chapter 8.28 "Fireworks" is the governing
legislation that allows the sale and discharge of"safe and sane" fireworks within the City
limits for the 4'h of July holiday. The discharging of illegal fireworks is a problem that the
City faces every year. Calls reporting illegal fireworks are received by Councilmembers,
the City's Public Safety Department, and the LA County Sheriff's Department on the
days leading up to, and on the 4'h of July holiday, as well as random calls the rest of the
year. To address this problem, it is being proposed that the City Council consider
increasing the fee charged for the administrative citation fine as related to the storage
and/or discharge of illegal fireworks from $500 for the first violation to a flat $1,000 for
the first and any subsequent violations.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
ITEM NO. 6.A
City Council Meeting
July 26,2016
Page 2 of 2
LEGAL REVIEW
The attached Resolution has been reviewed and approved by the City Attorney.
Prepared by:
wd.
Michelle G. Ramirez
Community Development Director
Attachment A—Resolution No. 2016-37
ATTACHMENT "A"
RESOLUTION NO. 2016-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD,
CALIFORNIA, AMENDING RESOLUTION NO 2015-56 AND ADJUSTING THE
FEES FOR VIOLATION OF ROSEMEAD MUNICIPAL CODE SECTIONS
8.28.110 and 8.28.120
WHEREAS, the Municipal Code of the City of Rosemead provides that certain
filing fees, permit fees, inspection fees, deposits and conditions of service may from time
to time be established by the City Council; and
WHEREAS, the City Council of the City of Rosemead has determined that the
cost of providing certain services is not of general benefit but of benefit to the individual
and, therefore, certain filing fees, permit fees, inspection fees and deposits should be
required to pay for materials and special services performed by City staff; and
WHEREAS, after the passage of Propositions 4 and 218, local governments
were made to charge for the costs of services to those who benefited; and
WHEREAS, the City Council has found that since the fees represent a portion of
the actual costs of the service or facilities provided, there is a reasonable relationship
between the amount of the fee charged and the costs of the services provided to the
person paying the fee; and
WHEREAS, the City Council may adjust fees for certain services from time to
time and incorporate all adjusted and/or new fees for services provided into one
comprehensive fee schedule; and
WHEREAS, the City of Rosemead has determined that there is a need to amend
the fees charged for administrative citation fines related to fireworks to offset a portion of
the additional costs:
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The Rosemead City Council imposes the following fines in Section
N of the Comprehensive Schedule of Fees and Charges:
Violation of RMC Section:
8.28.110 - Storage and discharge of fireworks by consumer
Fine Amount for First Violation $1,000
Fine Amount for Subsequent Violation $1,000
8.28.120 - Prohibitions on discharge
Fine Amount for First Violation $1,000
Fine Amount for Subsequent Violation $1,000
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
hereafter the same shall be in full force and effect.
PASSED, APPROVED, AND ADOPTED this 28th day of July, 2016.
Sandra Armenta, Mayor
City of Rosemead, California
ATTEST:
Ericka Hernandez, Acting City Clerk
City of Rosemead, California
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP