HomeMy WebLinkAboutCC RESO 2010-39RESOLUTION NO. 2010 — 39
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
RATIFYING WARRANTS TOTALING $44,876.10 TO REFUND THE
BUSINESS LICENSE ADMINISTRATIVE FEES AND BUSINESS LICENSE
RENEWAL FEES, $21.50 AND $10.50 RESPECTIVELY, CHARGES FOR
THE PERIOD OF SEPTEMBER 2008 THROUGH OCTOBER 2009
WHEREAS, in a case entitled Weisblat v. City of San Diego, the Fourth District
Court of Appeal invalidated administrative fees charged by the City of San Diego to offset the
City's costs in collecting business license taxes finding that while a city could impose fees to
offset the costs of providing services, the services provided must be "regulatory" in nature, that
is, they must be charged in connection with regulatory activities (such as conducting health and
safety inspections); and
WHEREAS, on October 20, 2009, in response to the Weisblat case, the City
Council adopted Resolution No. 2009-261 to delete from the City's Fee Schedule a Business
License Administrative Application Fee of $21.50, and a Business License Administrative Fee of
$10.50, which were similar to the fees involved in the Weisblat case; and
WHEREAS, the City desires to reimburse the business owners who paid the
Administrative Fees in 2009 before the City Council rescinded the fees by issuing refund checks
in the appropriate amounts to those business owners in the total amount of $44,876.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby ratifies warrants totaling $44,876.10 to refund business license
administrative fees and business license renewal fees, $21.50 and $10.50 respectively, charged
for the period of September 2008 through October 2009.
PASSED and ADOPTED this 16th day of March, 10.
on Morrison, Mayor
ATTEST:
ael R. Dalla it
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Clerk
y
Passed and adopted by the Council of the City of National City, California, on March 16,
2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: Councilmembers Parra, Van Deventer.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
A)1
City 6Ierk of the City df National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-39 of the City of National City, California, passed and adopted
by the Council of said City on March 16, 2010.
City Clerk of the City of National City, California
By:
Deputy