Loading...
HomeMy WebLinkAbout101-Fee Update Report.pdfSARATOGA CITY COUNCIL MEETING DATE: April 7, 2010 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Proposed Fee Schedule Update for FY 2010/11 RECOMMENDED ACTION: Hold public hearing to review recommendations for proposed fee changes, provide direction, and approve resolution amending the City’s Fee Schedule effective for Fiscal Year 2010/11. REPORT SUMMARY: The City Council annually holds a public hearing to review recommendations and provide the community an opportunity for input on proposed changes to the City’s Fee Schedule per California Government Code Section 66018: Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. After holding the public hearing the Council will consider adopting a resolution which approves changes to the FY 2010/11 Fee Schedule. Upon Council approval of the proposed fee schedule and adoption of the “Resolution of the City Council of the City of Saratoga Establishing a Schedule of Fees”, staff will publish the FY 2010/11 Fee Schedule to be effective July 1, 2010. Each year, fee adjustment recommendations result from staff’s review of current fees, and from new or amended services. Proposed fee updates are based on a combination of factors, including the actual costs to provide a service or use, and on similar fees charged in comparable local cities. This year’s fee schedule update is limited to the publication of the new Administrative Citation violation fee schedule to become effective July 1, 2010, changing the false alarm fine schedule to be in alignment with the County’s fine schedule, establishing fees for two new Community Development Department services, and an increase in the Recreation and Facility Department’s rental processing fee. Administrative Fees Under the newly adopted Administrative Citations Ordinance, the Administrative Citation’s violation fee schedule is to be set in a schedule of fines and adopted from time to time by resolution by the City Council in accordance with State law. This Annual Fee Schedule Update serves as the Council’s vehicle to adopt these fines though approval of the fee resolution each year. The administrative citation fee schedule is recommended to be adopted at the maximum levels established in the ordinance, and applies to any violation cited. The recommended fines are as follows: 1. A fine of $100 per day for the first violation; 2. A fine of $200 per day for the second violation of the same ordinance or permit within one year from the date of the first violation, and; 3. A fine of $500 per day for each additional violation of the same ordinance or permit within one year from the date of the first violation. The ordinance states that separate fines shall apply for each separate violation, however in the event that multiple violations are found to occur as a result of an investigation, each such violation listed in the first citation following the investigation shall be considered a “first violation”. The ordinance also states the schedule of fines shall specify the amount of late payment penalty owed for any fine not paid when due. Staff recommends establishing a late payment penalty consistent with the Business License Tax delinquent penalty schedule as Administrative Citations are analogous in that they are issued as a direct result of violating a city ordinance and the late penalty is an additional enforcement measure, not a simple late payment charge on an invoice/billing matter. Therefore, the recommended Administrative Citation late penalty payment schedule is: Within 30 days after due date: 10% of the penalty due Exceeding 30 days after due date: Additional 10% of penalty due for each month thereafter, with penalty not to exceed 100% of the penalty due. While the City’s Administrative Citation Ordinance provides for fines to be established in the annual fee schedule, the 1998 municipal code ordinance that prohibits false alarms (Article 6-10) embedded a fine schedule within the city ordinance. Code Compliance staff will bring an ordinance amendment to Council before the end of this fiscal year to remove the embedded fine schedule, and provide language that fines are set by resolution in the annual fee schedule. The City’s False Alarm Fines are set by ordinance at: • 1st and 2nd false alarms within a calendar year are not charged • 3rd false alarm within a calendar year is $75 • 4th false alarm within a calendar year is $100 • 5th false alarm within a calendar year is $200 • 6th and subsequent false alarm within a calendar year is $250 With Council approval, and contingent upon Council’s adoption of the false alarm ordinance amendment, staff is recommending False Alarm Fines be adopted by resolution to be in alignment with Santa Clara County’s fine schedule. The County’s rates quickly intensify a resident or business’ accountability for false alarm calls, thereby reducing unnecessary response calls from the Sheriff’s Department. The County’s current fine schedule is as follows: • 1st false alarm within a calendar year is not charged • 2nd false alarm within a calendar year is $100 • 3rd and subsequent false alarm response within a calendar year increases by an additional $100 for each subsequent call Development Fees The Community Development Department is recommending two additional fees for new development services established over the last fiscal year: With council’s approval to expedite the Conditional Use Permit (CUP) review process for uses in commercial districts which do not exceed 4,000 square feet, and for the installation or replacement of a generator in any A, R-1, HR, R-OS, or commercial district, the Administrative CUP was established. Within these project limitations, staff may review an applicant’s proposed use, thereby reducing the process time required with bringing a Conditional Use Permit item to the Planning Commission for decision. Staff recommends establishing the Conditional Use Permit – Administrative Review fee at $3,400 in alignment with the Administrative Review Fee for a design application. The Conditional Use Permit – Planning Commission Review Fee is currently set at $4,400. The second new development fee was established with Council’s approval to create an exception process that would allow the Planning Commission to approve variations from the site coverage standards upon making specific findings. Staff anticipates the time required to prepare the Site Coverage Exception Application for Planning Commission review will be comparable to other specific exception reviews such as Fence Exception or Grading Exception, and is therefore recommending the new fee be set at the same amount of $1,800. Facility Rental Fees Staff time incurred on renting facilities to the community is recouped in part through a Facilities Rental Processing Fee. The current non-refundable fee of $25 has been in place for a number of years, however staff recommends increasing the fee to $35 to more fully compensate the city for staff time incurred on the rental process. The fee equates to roughly ½ hour of combined staff time for both Facility Rental staff and Finance staff at the City’s staff billing rate. The rental process involves walking the renter through facility availability and booking, explaining the rules and requirements of facility rentals, the collection and processing of the rental receipt, and the subsequent close out of the facility rental with the processing of the rental deposit return and assessment of overage or damage charges if applicable. The processing fee is non- refundable as staff costs are still incurred even if the rental is cancelled. Facility usage costs, attendant time, and janitorial services are accounted for through the rental fee and are refundable if cancelled. FISCAL IMPACTS Staff reviewed current fees and associated expenditures, and concluded that the proposed revisions to the Fee Schedule are necessary for the City to maintain its approach toward a cost recovery position for the provided development and facility rental services, and the Administrative Citation and False Alarm fine schedules would be in compliance with newly adopted ordinances. Additionally, the Staff Billing Rate Schedule is updated each year in conjunction with increases in labor and benefit costs. The recommended fee increases are directly related to costs that either support related functions; reflect an assessment of the time spent providing the service, or fines for violation of city ordinances. Staff has maintained proper documentations to support and justify the proposed new fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not establish: the fee schedule for the administrative citations; changes to the false alarm fine schedule; fees for two new development services; or increase the Rental Processing Fee. ALTERNATIVE ACTION N/A FOLLOW UP ACTION Staff will update the current Fee Schedule for FY 2010/11, to be effective July 1st, 2010. ADVERTISING, NOTICING AND PUBLIC CONTACT March 23, 2010 – Notice of Public Hearing Published April 7, 2010 – Council to hold a Public Hearing and consider adoption of the Fee Schedule Resolution July 1, 2010 – Effective date for the FY 2010/11 Fee Schedule ATTACHMENTS 1. Proposed FY 2010/11 Fee Schedule Resolution 2. Proposed FY 2010/11 Fee Schedule RESOLUTION NO.2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES WHEREAS, the City Council annually adopts a resolution that establishes the fee schedule for the ensuing fiscal year, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: The fees set forth in the Annual Fee Schedule are hereby established pursuant to the Saratoga City Code and shall be paid to or collected by the City for each of the applications, permits, extensions, renewals, services or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the City. Section 2: Resolution Number 2009-019 and all amendments thereto are hereby repealed in their entirety, it being the intent of the City Council that the fee schedule adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter. Section 3: This resolution shall become effective on July 1, 2010, and shall be applicable to all fees and deposits which are payable to the City from and after the effective date hereof. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7th day of April, 2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Kathleen King, Mayor Attest Ann Sullivan, City Clerk