Orinda
CA

CC Staff Report
17-91

Adoption of an ordinance establishing a business registration requirement for certain types of businesses in the City of Orinda, Acknowledging Councilmember Inga Miller Recusal; and Mayor Eve Phillips voting Nay

Information

Department:Planning DepartmentSponsors:
Category:Report

Attachments

  1. Printout
  2. Oridnance 17-07

Body

BACKGROUND: 

At the City Council Meeting of November 21, 2017, the City Council introduced Ordinance 17-07, by a vote of 3-1-1.  Councilmember Inga Miller recusing herself due to owning a business in the City of Orinda and Mayor Eve Phillips voting Nay.

 

DISCUSSION:

There were no changes made to the Ordinance when it was introduced.  It is on this agenda for consideration of adoption. 

 

Staff plans to allow a 3-month grace period after this ordinance becomes effective.   

 

Prior to the end of the grace period, staff will return to the City Council with a fee resolution setting the registration fees.  As noted in the original staff report for this item, registration fees can only recoup the cost of administering the program.  These costs will consist primarily of two things: City staff time and vendor costs.  For the latter, staff will need to prepare an RFP to identify the best vendor to administer the business registration program.  Once a vendor is chosen, the contract for that service will be presented to the Council together with the associated fee resolution. 

 

Staff has determined that it seems appropriate when developing the Business Registration Administration services RFP, to also examine other services offered by this type of firm.  For example, sales tax auditing and monitoring is offered by the two larger firms providing Business Registration services.  The last time this was reviewed was in 1991, when the current provider – Muniservices was selected. 

 

There is no plan to aggressively pursue code enforcement regarding the new business registration rulesAfter the one-year anniversary of the grace period (in other words, one year after the program is implemented), staff plans to return to the City Council with a report evaluating implementation of the program.  The intent of this review will be to determine whether modifications to the business registration rules are warranted. 

 

Correction.  In the staff report and Council presentation, staff misstated that the business registration ordinance would not apply to nonprofits.  In fact, only nonprofits “engaged in expressive activity” would be exempt.  For instance, a nonprofit business such as Kaiser Permanente would be required to register, but a nonprofit organization like Friends of Orinda Creeks would be exempt. 

 

FISCAL IMPACT:

None.  This proposal is revenue neutral because the registration fees will cover the cost of administering the program.

Meeting History

Dec 19, 2017 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:ADOPTED [3 TO 1]
AYES:Amy R. Worth, Darlene K Gee, Dean Orr
NAYS:Eve Phillips