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ORDINANCE 1334ORDINANCE NO. 1334 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALFIORNIA, AMENDING CERTAIN SECTIONS OF THE "EL SEGUNDO MUNICIPAL CODE" TO PROVIDE FOR THE SETTING OF FEES BY RESOLUTION OF THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. That chapter 5.40 consisting of Section 5.40.040 shall read as follows: 5.42.040 MASSAGE TECHNICIANS — PERMIT REQUIRED - EXAMINATION REQUIRED — FEES Massage technicians shall obtain a permit pursuant to the provisions of this chapter and upon application shall pay a one -time investigation fee set by Resolution of the City Council. In order to obtain the permit provided for herein, each massage technician must successfully pass the Los Angeles County examination of applicants for massage technician and pay to the city at the time of application for the permit provided herein, an examination fee set by Resolution of the City Council of the City Council. In addition any massage technicians doing business in the city as an independent operative, shall be subject to the business license tax provided for by Section 5.08.570 of this code. Section 2. That chapter 5.42 consisting of Section 5.42.060 shall read as follows: ORDINANCE NO. 1334 AMENDING ESMC TO PROVIDE FOR SETTING OF FEES BY RESOLUTION PAGE NO. 1 5.42.060 APPLICATION — PERMIT — FEES. (a) Motion Picture, Radio, or Television Productions. A nonrefundable application fee for motion picture, radio or television productions as set by Resolution of the City Council shall be paid. A permit fee as set by Resolution of the City Council shall be paid whenever the permittee uses any portion of any public street, road, right -of -way or building, other that a building located in a public park, owned or controlled by the city. The use of public parks and buildings located in public parks to the exclusion of the general public shall be discouraged, however, when such permit is granted the permit fee shall be fixed by Resolution of the City Council. (b) Still Photography commercial advertising. A nonrefundable application fee for still photography commercial advertising as set by Resolution of the City Council shall be paid. A permit fee as set by Resolution of the City Council shall be paid whenever the permittee uses any portion of any public street, road, right -of -way or building, other that a building located in public park, owned or controlled by the city. The use of public parks and buildings located in public parks to the exclusion of the general public shall be discouraged, however, when such permit is granted the permit fee shall be fixed by Resolution of the City Council. Section 3. That chapter 5.40 consisting of Section 5.40.110 shall read as follows 5.40.110 (5) Fee. The fee for such identification card for the first year and each renewal year shall be set by Resolution of the City Council. Section 3. That chapter 5.42 consisting of Section 5.42.070 shall read as follows: ORDINANCE NO. 1334 AMENDING ESMC TO PROVIDE FOR SETTING OF FEES BY RESOLUTION PAGE NO. 2 5.42.070 DIRECT OVERHEAD EXPENSES. In addition to the fees and charges established, the permitee shall pay all costs and direct overhead of the city for supervising, controlling, and managing permitee's operation. This shall include, but not be limited to, all personnel costs, all material and supply costs, and all other direct costs and expenses of the city. These costs and expenses shall be computed at the conclusion of the project and shall be deducted from the deposit required. Section 4. That chapter 5.46 consisting of Section 5.46.050 shall read as follows: 5.46.50 CONTENETS OF APPLICATION — FEE Said application for a license shall contain the following: The name of the applicant's organization and a statement that applicant is an eligible organization under Section 5.46.020. The name and signature of at least two officers of the applicant organization. The particular property within the city, including the street number, owned or leased by the applicant, used by such applicant for an office or for performance of the purposes for which the applicant is organized, together with the occupancy capacity of such place. Nothing in this subdivision shall be construed to require that the property owned or leased by the organization be used or leased exclusively by such organization. Proposed days of week and hours of day for conduct of bingo games. ORDINANCE NO. 1334 AMENDING ESMC TO PROVIDE FOR SETTING OF FEES BY RESOLUTION PAGE NO. 3 That the applicant agrees to conduct bingo games in strict accordance with the provisions of Section 326.5 of the Penal Code and this chapter as they may be amended from time to time, and agrees that the license to conduct bingo games may be revoked by the city manager upon violation of any of such provision. The applicant under penalty of perjury shall sign said application. The annual license or renewal fee shall be set by a Resolution of the City Council and shall accompany the application. Where applicant shall also submit, with its application, a Certificate or Determination of Exemption under Sections 23701 a. 23701 b, 23701 d, 23701 e, 23701 f, 23701 g, 23701 (1) of the Revenue and Taxation Code, or a letter of good standing from the Exemption Division of the Franchise Tax Board in Sacrament showing exemption under one of the eligible Revenue and Taxation Code sections. Section 6. That chapter 8.02 consisting of Section 8.02.120 shall read as follows: 8.02.120 APPEAL OF DECISION OF DIRECTOR OF COMMUNITY, ECONOMIC & DEVELOPMENT SERVICES —FEE. Any person dissatisfied with the decision of the Director of Community Economic & Development Services may file an appeal of such decision with the Planning Commission by filing a written notice of appeal in letter form accompanied by a fee established by Resolution of the City Council, said fee to cover the cost of posting, postage, advertising and other ORDINANCE NO. 1334 AMENDING ESMC TO PROVIDE FOR SETTING OF FEES BY RESOLUTION PAGE NO. 4 costs incident to the proceedings. Said notice of appeal may be filed at any time after the decision of the Director of Community Economic & Development Services has been made; provided, however, that an appeal may not be filed on the grating of such permit after ten days have expired from the action of the Director of Community Economic & Development Services in granting such permit. Section 7. That chapter 19.04 consisting of Section 19.04.050 shall read as follows: 19.04.050 TENETATIVE MAP PROCESSING FEE. Every person submitting a tentative map shall pay a processing fee established by Resolution of the City Council. 19.04.280 FEES. Petitions to revert property to acreage shall be accompanied by a fee set by Resolution of the City Council. Section 8. That chapter 20.41 consisting of Section 20.41.120 shall read as follows: 20.41.120 FEE. Proceedings for a conditional use permit for a mobile home park may be initiated by the filing of a verified application with the Director of Community, Economic & Development Services by a property owner, together with a fee established by Resolution of the City Council to cover the cost of examining and processing the application and conditional use permit and other costs incidental to the proceedings. Section 9. EFFECTIVE DATE. This ordinance shall become effective 30 days after its adoption. ORDINANCE NO. 1334 AMENDING ESMC TO PROVIDE FOR SETTING OF FEES BY RESOLUTION PAGE NO. 5 Section 10 The City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said city; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this 17t1day of April , 200.1. Le v Mike96rdon, Mayor STATE OF CALIFORNIA ) `' COUNTY OF LOS ANGELES ) ss. CITY OF EL SEGUNDO) I, Cindy Mortesen, City Clerk of the City of El Segundo, do hereby certify that the foregoing Ordinance No. 1334 was regularly introduced an placed upon its first reading at a regular meeting of the City Council on the 3rd day of April , 2001. That thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 17th day of April , 2001, by the following vote, to wit: AYES: Jacobs, Gaines, McDowell, Wernick NOES: None ABSENT: Gordon ABSTAIN: None Cindy Mortesen, City Clerk (SEAL) APP VE S TO FORM: ark Hensley, City Attorney ORDINANCE NO. 1334 AMENDING ESMC TO PROVIDE FOR SETTING OF FEES BY RESOLUTION PAGE NO. 6 EL SEGUNDO CITY COUNCIL AGENDA ITEM STATEMENT MEETING DATE: April 17, 2001 AGENDA HEADING: Consent AGENDA DESCRIPTION: An Ordinance of the City Council amending certain sections of the Municipal Code to provide for the setting of fees by Resolutions. RECOMMENDED COUNCIL ACTION: Second Reading and Adoption BACKGROUND & DISCUSSION: This Ordinance removes the fee amount from the Municipal Code and provides for the setting of fees by Resolution. This will make the Municipal Code more consistent, and the paper tracking of existing fees easier for the public and staff to identify. Resolutions adopting the listing of all current fees were adopted at the March 20, 2001 meeting. There is no change in the existing fees and fines. ATTACHED SUPPORTING DOCUMENTS: Draft Ordinance. FISCAL IMPACT: None Operating Budget: Amount Requested: Account Number: Project Phase: Appropriation required: ORIGINATED: Cindv Morte R Mary Strenn, g& Wnager DATE: April 4, 2001 DATE: