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Home My WebLink AboutStaff Report 3.F 12/19/2005CITY OF PGTALUMA, CALIFORNIA 3.F AGENDA BILL December 19, 2005 Agenda Title: Resolution Appointing an Appeals Officer for Meeting Date: December 19, 2005 Business Tax Certificate Matters Involving Caroline Kirk and Golden Spa. Meeting Time: ® 3:00 PM ❑ 7:00 PM Category (check one): ® Consent Calendar ❑ Public Hearing ❑ New Business ❑ Unfinished Business ❑ Presentation Deuartment: Director: Contact Person: Phone Number: City Manager Michael Bierman Michael Bierman 707-778-4345 Cost of Proposal: n/a Account Number: Amount Budgeted: Name of Fund: Attachments to Agenda Packet Item: 1. Letter of October 18, 2005 suspending business tax certificate. 2. Letter of October 26, 2005 setting administrative hearing. 3. Letter of November 28, 2005 confirming suspension of business tax certificate. 4. Letter of appeal dated November 30, 2005. 5. Resolution Summary Statement: The Municipal Code regulates the suspension and revocation of business tax certificates issued by the City. On October 18, 2005, Caroline Kirk of the Golden Spa received a letter of revocation from the City's Administrative Services Director, at the request of the Petaluma Police Department, as a result of a prostitution arrest at that establishment. Ms. Kirk appealed the suspension and an administrative hearing was held before the City Manager on November 15, 2005, where he upheld the findings presented at the hearing. Ms. Kirk, by Municipal Code, may appeal the City Manager's decision to the City Council, which she seeks to do. Written notice of appeal was provided to the City on November 30, 2005. Common law authorizes a City Council to delegate specific administrative acts to specific administrative officers so long as the standards are sufficiently definite and certain. In the interest to conduct an appeal expeditiously, efficiently, and within the intent of the Petaluma Municipal Code, it is recommended that the City Council appoint Interim Assistant City Manager Gene Beatty as the Appeals Officer for Business Tax Certificate matters involving Caroline Kirk and the Golden Spa. The appeal must be heard by January 13, 2006. Because an Appeals Officer would be a delegate of the Council, the appeal hearing would be public and would be noticed accordingly. Ms. Kirk has filed an application for a new business tax certificate, which is pending. Recommended City Council Action/Suggested Motion: Approve Resolution appointing Interim Assistant City Manager Gene Beatty as Appeals Officer for the Business Tax Certificate matters involving Caroline Kirk and the Golden Spa. Reviewed by Admin. Svcs. Di : I Dat 12� �usU/ � To$av's Date: Reviewed by City Attornev: Avuroved by City Manager: Date: , ^ /f� Date: Revision # and Date Revised: File Code: David Glass . . Mayor Keith Canevaro Mike Harris Mike Healy Karea Nau Mike O'Brien Pamela Torliatt Councilinernbers Administrative Services 11'Engllsh Street Petaluma, t:A 94952 Phone (707) 778-4352 Fax (707) 778-4428 E -Mail jimance&Npetaluma. ca.us General Services Phone (707) 7784384 i Human Resources Phone (707) 778.4340 Fax (707) 7784539 E-mail - humonresources@ cipetaluma.caus _ i Infonhation Servicer Phone (7D7) 778-4417 Fax (707) 776-3623. E -Mail is1nfb@cipe61uma.caus Petaluma Muriicipnl Alrport 601 Sky Ranch Drtve Petaluma, CA 94954 Phone (707) 778-4404 Fax (707) 778-4405 Purchasing Phone (707) 778-4352 Fax (707) 778-4428 E-mail finance&l petaluma.ca.us Transit 555N. McDowell Blvd. Petaluma, CA 94954 Phone (707) 7784421 Fos (707) 778-4437 Utility Billing Phone (707) 778-4350 Fax (707) 778-4428 E -Mail ut1l1tybi11s@d.jbetaluma.ca.us petaluma.ca.us CITY OF PETALUMA POST OFFICE BOX 61 PETALUMA, CA 94953-0061 October 18, 2005 Caroline T Kirk Golden Spa 927 Foothill Drive Windsor, CA 95492 Location: 699 Petaluma Blvd North Petaluma, CA 94952 Dear Ms. Kirk, ) This letter is to inform you that we are suspending your business tax certificate at the request of the Petaluma Police.Department for the period of thirty (30) days, according to Title 6, Section 6.01.350 A 6f the Petaluma Municipal Code, which states that the "Tax Collector may suspend or revoke any'business certificate issued when it shall appear that a business is being conducted or premises used in violation of the provisions of any law of the United States, State of California, County of Sonoma,' of the City •....". You have fifteen (15) days to appeal this action to the City Manager per Title 6, Section 6.01.360. If, at the end'of tkrirly (30) days, no appeal has been filed, the business tax *certificate will be permanently revoked. If you have any questions, please feel.free to contact Barbara Spa -taro at (707) 778-4354. Sincerely, Steven Carmichael ' Administrative Services Director Barbara Spatarc, Accounting Assistant 11 Sue, Simmons, Operations Manager Jim Stephefison, Petaluma Police Department Rich Rudnansky, City Attorney David Glass Mayor Keith Canevaro Mike Harris Mike Healy Karen Nan Mike O'Brien Pamela Torliatt Councilmembers City Manager's Office I 11 English Street Petaluma, CA 94952 Phone (707) 778-4345r Fax (707) 778-4419 E-mail citymgr@ci petaluma.ca.us Animal Services 840 Hopper Street Ext. Petaluma, CA 94952 Phone (707) 7784396 Fax(707) 778-4397 Risk Management 11 English Street Petaluma, CA 94952 Phone (707) 778-1118 Fax (707) 778-8113 E -Mail icabdrQaaolcom or riskmgt@ci petaluma.ca,us CITY OF PETALUMA POST OFFICE BOX 61 PETALUMA, CA 94953-0061 October 26, 2005 Caroline T. Kirk 699 Petaluma Blvd. North Petaluma, CA 94952 RB: Appeal of Suspension of Business License Dear Ms. Kirk: Caroline T. Kirk Golden Spa 927 Foothill Drive Windsor, CA 95492 The City is in receipt of your letter dated October 21, 2005, in which you are appealing the decision of the City's Administrative Services Director to revoke your business tax certificate. Per Section 6.01.370 of the Petaluma Municipal Code, your appeal shall be heard by Michael Bierman, City Manager, within 30 days of receipt of your letter. This hearing has been set for: Tuesday, November 15, 2005 2:00 PM City Council Chambers, City Hall, 11 English Street, Petaluma The findings and determination of the City Manager shall be final and conclusive. The decision of the City Manager maybe appealed to the City Councilwithin fifteen (15) days after notice of the City Manager's decision. The matter shall then be set for a public hearing before the City Council within 45 days. The findings and determination of the City Council at such a hearing shall be final and conclusive. Please confirm to the City Manager's office (778-4345) your attendance at the November 15a' hearing. Sincerely, J Steven Carmichael Administrative Services Director CITY OF PETALUMA POST OFFICE BOK 61 PETALUMA, CA 94953-0061 David Glass A hearing was held on November 15, 2005 at Petaluma City Hall, at which Petaluma, CA 94952 Mayor Phone (07) 778-4396under Fax (7707) 778-93977 Golden Spa. City Alanager's Office November 28, 2005 II English Street 3. Petaluma, CA 94952 Keith Canevaro II English street 5. Department presented evidence demonstrating that violations of the State Penal Mike Harris Code have been committed by at least one contract employee of the Golden Spa. E-mail Mike e Karen Nan nu K CERTIFIED MAIL / RETURN RECEIPT REOUESTED Mike O'Brien icabdr@aol.com or Pamela Torliatt #7000 0520 0024 7864 0649 #7000 0520 0024 7864 0656 Councilmembers Caroline T. Kirk Caroline T. Kirk Golden Spa 927 Foothill Drive 699 Petaluma Blvd. North Windsor, CA 95492 Petaluma, CA 94952 RE: Appeal of Business Certificate Revocation — Golden Spa Dear Ms. Kirk: A business certificate Revocation Hearing was held before me in my role as the City Manager of the City of Petaluma ("City") on November 15, 2005. Based on the testimony and evidence presented at that hearing, I make the following findings and determination: FINDINGS 1. You, Caroline T. Kirk, are the listed owner of the Golden Spa located at 699 Petaluma Blvd. North, Petaluma, CA. 2. A hearing was held on November 15, 2005 at Petaluma City Hall, at which Petaluma, CA 94952 testimony was heard and evidence presented as to alleged criminal activity at the Phone (07) 778-4396under Fax (7707) 778-93977 Golden Spa. City Alanager's Office 647, Subsection (b) of the Penal Code of the State of California. II English Street 3. Petaluma, CA 94952 At the hearing, g, on behalf of the City, Officer Danny Fish of the Petaluma Police II English street 5. Department presented evidence demonstrating that violations of the State Penal Phone (707) 778-4345 Fax (707) 778-4419 Code have been committed by at least one contract employee of the Golden Spa. E-mail You were permitted to present evidence and testimony refuting the evidence ciymgr@ci.petaluma.ca.us offered by the City. Animal Services 840 Hopper street Ext. 4. It appears, and I have reasonable cause to believe, that a violation of state law Petaluma, CA 94952 occurred at the Golden Spa on October 5, 2005. Specifically, a contract employee Phone (07) 778-4396under Fax (7707) 778-93977 our supervision was arrested and has been charged with violation of Section Y P 647, Subsection (b) of the Penal Code of the State of California. Risk Management II English street 5. As the business owner, you could have prevented this criminal behavior by proper Petaluma, 77 94952 -1118 Phone (707) 778-1118 management and supervision. g P Fax (707) 778-8213 E -Mail icabdr@aol.com or riskmgt@ci.pelaluma.ca.us DETERMINATION Based on the findings above, I hold that sufficient grounds exist for revocation of a business certificate under Section 6.01.350(A) of the Petaluma Municipal Code. I therefore uphold the business certification revocation as set forth in the City's letter to you dated October 18, 2005. Golden Spa must cease operation upon receipt of this Notice, as provided by Section 6.01.350(B) of the Petaluma Municipal Code. If you choose to appeal this determination to -the City Council pursuant to Section 6.01.370(B) of the Petaluma Municipal Code, revocation shall be stayed pending the conclusion of that appeal. ADMINISTRATIVE REVIEW You may seek an appeal of this determination. To do so, Section 6.01.370 of the Petaluma Municipal Code requires you to provide a written notice to the City Clerk, City of Petaluma, 11 English Street, Petaluma, CA 94952. Such notice of appeal must be filed and postmarked within fifteen (15) days after the date of this letter. The appeal shall be subject to de novo review of the evidence. FINES, PENALTIES AND REMEDIES Pursuant to Chapter 6.01 of the Petaluma Municipal Code, a business certificate is required for the operation of a private business within the City of Petaluma, and operating a business without a certificate is a violation. Every day during which such a suspended business continues is a separate violation of the Petaluma Municipal Code and shall be penalized under the fullest extent allowed by law. Such penalties and remedies include, but are not limited to, the provisions in Section 1.04.060 of the Petaluma Municipal Code. If you have any. questions regarding the foregoing, please don't hesitate to contact me at 707-778-4345. Sincerely, Vv�.�X Li •' J Michael A. Bierman City Manager cc: City Clerk Chief of Police City Attomey Administrative Services (S. Carmichael, S. Simmons, B. Spataro) 0 l5koot d5v{ ,3o, 2uo, 7;i er f t• " 1dlGlrt2crP�%C � . ', L.-�c� ��c�";t-+GTI �t� J' A -i J � % / �L'r /t�J3Q {J� %-f5 `til%' .f✓f�-t �` 11 RESOLUTION NO. -2005 A Resolution of the City Council of the City of Petaluma Appointing as Appeals Officer for Business Tax Certificate Matters Involving Caroline Kirk and Golden Spa WHEREAS, the City Council of the City of Petaluma enacted Chapter 6.01 of the Petaluma Municipal Code establishing an ordinance that regulates the suspension and revocation of business tax certificates issued by the City of Petaluma; and WHEREAS, Petaluma Municipal Code § 6.01.370 allows an aggrieved person whose business tax certificate was suspended or revoked by the City to appeal such decision to the City Council; and WHEREAS, the common law authorizes a city council to delegate specific administrative acts to specific administrative officers so long as the standards are sufficiently definite and certain; and WHEREAS, Petaluma Municipal Code § 6.01.350 provides that a business tax certificate may be revoked "when it shall appear that a business is being conducted or premises used in violation of the provisions of any law of the United States, state of California, county of Sonoma, or the City." WHEREAS, the Council hereby believes that it is in the best interest of the City to conduct such appeals expeditiously, efficiently and within the intent of the Petaluma Municipal Code. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Petaluma does hereby appoint to serve as Appeals Officer for all matters relating to suspension, revocation or denial of business tax certificates for Caroline Kirk or her business, Golden Spa. PASSED AND ADOPTED this _ day of by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Claire Cooper, CMC City Clerk 794622-1