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HomeMy WebLinkAbout24162 RESOLUTION NO. 24162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING USER FEES FOR HOMESHARING REGISTRATION AND RENEWAL FEES AND ESTABLISHING CIVIL FINES AND PENALTIES FOR FALSIFICATION OF APPLICATIONS AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED BY RESOLUTION NO. 23854. WHEREAS, the City, under various statutory provisions under California Government Code, may set and collect fees for the costs of providing a particular service; and WHEREAS, the City Council on July 15, 2015, the City Council adopted Resolution No. 23854 approving a user fee study and approving the Comprehensive Fess Schedule; and WHEREAS, the City Council desires to adopt Home-sharing Registration and Renewal Fees to reflect the reasonable costs of the vacation rental administration program; and WHEREAS, the City Council desires to adopt civil fines and penalties for filing knowingly false applications with the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS, DETERMINES, AND RESOLVES AS FOLLOWS: SECTION 1. FINDINGS. a. City staff has reasonably analyzed fees for Home-sharing Registration and Renewal Fees. The City Manager has adopted an administrative regulation that recognizes Home-sharing as a specific category of Vacation Rental Property and the Council finds that the Home-sharing category should be afforded a registration and renewal fee distinct from such fees assessed on other forms of vacation rental properties. b. The Home-sharing Registration and Renewal fees shall be adopted to cover some the City's costs and expenses associated with providing administration of the Home-sharing as a category of the Vacation Rental Program. C. The cost of such services should be borne by those who are the special beneficiaries rather than the citizenry at large. d. There is a reasonable relationship between the amount of the fee and the estimated reasonable cost of providing the type of service for which the fee is imposed. Resolution No. 24162 Page 2 e. The fees do not exceed estimated reasonable cost of providing the service for which the fee is charged. SECTION 2. FEES IMPOSED. a. The City Council adopted and imposes Vacation Rental Registration and Renewal fees as provided in Exhibit A, attached hereto and incorporated by reference. b. Each person requesting to receive either a new registration or a registration renewal on a vacation rental home shall pay the fee at the time they apply for either registration or renewal. C. On July 1st of each year, the fees and charges shall be automatically adjusted by an amount equal to the percentage of increase or decrease in total employee compensation for the current fiscal year's adopted budget versus the new fiscal year's adopt budget as last computed at the budget public hearing, to reflect the cost-of-living changes and to ensure that changing economic conditions do no impair the real value of the fees and charges. SECTION 3. Section 3 of the Comprehensive Fee Resolution is amended to read: SECTION 4. Civil Fines and Penalties. A. False Alarm Penalties Under the Master Bail Schedule. The civil penalties for false alarms for permitted and non-permitted alarm systems are: 1 St Alarm in a 365 day period is no charge; 2d Alarm in a 365 day period is $150.00; 3d Alarm in a 365 day period is $200.00; and the 4ch or more Alarm in a 365 day period is $250.00. B. False Applications. The civil penalties for filing a knowingly false application for a permit, license, or entitlement shall be $2,500.00, revocation of any license, permit, or entitlement associated with such application, and the imposition of a two (2) year stay on the issuance of any new license, permit, or entitlement generally similar to the license, permit, or entitlement revoked. C. The City Clerk is directed and authorized to amend the civil penalties identified in this Section to the Master Bail Schedule. SECTION 5. SEVERABILITY. Each component of the fees and all portions of this Resolution are severable. Should any individual component of the fee or other provision of this Resolution be adjudged to as invalid, the remaining provisions shall be fully effective, and the fee shall be fully effective except as to that portion that has been judged to be invalid. Resolution No. 24162 Page 3 SECTION 6. EFFECTIVE DATE. The fees and civil fines and penalties imposed by this Resolution shall be effective upon adoption of this Resolution. SECTION 7. COMPREHENSIVE FEE SCHEDULE. The Director of Finance is hereby authorized and directed to incorporate said modifications and fees into the Comprehensive Fee Schedule, adopted by Resolution No. 23854. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 18t' DAY OF JANUARY, 2017. "77— DAVID H. READY, E H.D. CITY MANAGER ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24162 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 18th day of January, 2017, by the following vote: AYES: Councilmembers Kors, Roberts, Mayor Pro Tem Foat, and Mayor Moon NOES: None ABSENT: Councilmember Mills ABSTAIN: None KATHLEEN D. HART, MMC INTERIM CITY CLERK Resolution No. 24162 Page 4 EXHIBIT A HOMESHARING REGISTRATION AND RENEWAL FEES Vacation Rental Fees: New Registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 225.00 Renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 225.00