Staff Report.Fee and Fine
PREPARED BY: Melissa Ynegas
Finance Administrative Analyst
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 03/21/2023 ITEM NO: L
DATE: March 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Fee and Fine Schedules for Fiscal Year 2023/24:
a. Adopt a Resolution Approving the Comprehensive Fee Schedule for Fiscal
Year 2023/24 to Continue Certain Department Fees, Rates, and Charges,
and Amending Certain Fees, Rates, and Charges for Fiscal Year 2023/24.
b. Adopt a Resolution Approving the Comprehensive Fine Schedule for Fiscal
Year 2023/24 to Continue Certain Department Fines and Amending
Certain Fines for Fiscal Year 2023/24.
RECOMMENDATION:
Fee and Fine Schedules for Fiscal Year (FY) 2023/24:
a. Adopt a resolution approving the Comprehensive Fee Schedule for FY 2023/24 to continue
certain Department fees, rates, and charges, and amending certain fees, rates, and charges
for FY 2023/24.
b. Adopt a resolution approving the Comprehensive Fine Schedule for FY 2023/24 to continue
certain department fines and amending certain fines for FY 2023/24.
BACKGROUND:
The Town’s financial policies require that certain fees, rates, and charges for services be
maintained to allow for cost recovery based on the actual cost to provide Town services. “Fee”
activities are services and functions provided by the Town to individuals who receive some
direct material benefit above and beyond services offered to residents at general taxpayer
expense. “Fines” are the amounts of the penalties for code violations imposed pursuant to
Section 1.30.025 of the Los Gatos Town Code.
Staff periodically reviews the cost of providing such services and recommends appropriate
increases in fees when supported by actual cost data. The Town’s last comprehensive cost
allocation and user fee study recommendations were incorporated in the FY 2019/20 Fee
Schedule.
PAGE 2 OF 5 SUBJECT: Fee and Fine Schedule for Fiscal Year 2023/24 DATE: March 21, 2023
DISCUSSION:
The Comprehensive Fee Schedule allows for an annual adjustment of fees by the average
increase in the Consumer Price Index (CPI) for the previous calendar year. The average increase
in the CPI for 2019, 2020, and 2021, was 3.2%, 1.7%, and 3.4% respectively, for a cumulative
cost of living increase of 8.5% since 2019. For Fiscal Year 2022/23, fees were adjusted by 5.9%
CPI, which is halfway between 3.2% and 8.5%. In 2022, the average increase in the CPI was
5.6%, for a cumulative cost of living increase of 14.6% since 2019. For FY 2023/24, staff is
proposing fees be adjusted by 8.8% CPI to capture full CPI increases since 2019.
In addition to the proposed CPI changes, the proposed FY 2023/24 Comprehensive Fee
Schedule accounts for modifications to fees as explained below:
Administrative Services
1. Initiative/Referendum Petition Filings Fee – Per election code 9202 (b), any person filing
a notice of intent with elections official shall pay a fee to be established by legislative
body not to exceed two hundred dollars ($200) to be refunded to the filer if within one
year of the date of filing the notice of intent, the elections official certifies the
sufficiency of the petition.
2. Special Event Fees - Modifications to the fee schedule related to special events have
been proposed to provide the customer with a clearer and more concise listing of fees
associated with special events in a central location within the schedule. As the Special
Event Permit program has evolved and become more streamlined, staff has been able to
identify common fees that are associated with events, and list them, more conveniently,
within a related section of the Fee Schedule. There was also some crossover and
unclear language previously included in the Fee Schedule related to special event
permits, versus special use permits, which is a permit related to park use only. This
language has been modified in both the Administrative Services and Parks and Public
Works sections of the fee schedule to provide better clarity for stakeholders. Both Parks
and Public Works and the Police Department have identified an hourly rate for their
staff to support specific tasks at special events, and this fee has been added to the
schedule. Charging an hourly fee for staff services is a practice that has been in place for
several years with special events; however, has never been memorialized in this section
of the fee schedule, thus it has been added for better clarity to special event applicants.
Along those same lines, the Temporary Encroachment Permit fee has been utilized for
special events although not noted in this section. Any increases in the fees listed have
been at the recommendation of the Department that provides the service (i.e., no
parking signs). There is no recommendation to increase the special event permit
application fees. Modified language has been recommended within the Civic Center
Facilities Use section to clarify the facility use and more closely align with the Town’s
Facilities Use Policy.
PAGE 3 OF 5 SUBJECT: Fee and Fine Schedule for Fiscal Year 2023/24 DATE: March 21, 2023
DISCUSSION (continued):
Development Services
1. Accessory Dwelling Unit - Due to changes in State law, Accessory Dwelling Units (ADUs)
are no longer reviewed through a planning permit prior to building permit submittal,
therefore planning permit is no longer used and is proposed to be removed.
2. SB 330 and SB 35 Preliminary Application Fees - Two new preliminary application review
fees have been proposed in association with new housing applications required by State
law, Senate Bill (SB) 35 and SB 330.
3. Shared Parking Permit - In January 2019 Section 29.10.145 of Chapter 29 (Zoning
Regulations) of the Los Gatos Town Code amended the term Alternating Use to Shared
Parking to allow businesses to apply for shared parking services. The approved
amendment allows for a streamline review process and creates an incentive for shared
parking by no longer requiring a Conditional Use Permit (CUP). This proposed
application type will have fees based on actual cost, paid for through an initial deposit,
and additional deposits as needed to cover time and materials.
4. C-3 Permit Hydrologic Calculation and Geotechnical Peer Review Fees – The changes to
these fees have been proposed to provide consistency on the language used and to
clarify the Administrative Charges associated with fees.
5. Engineering Subdivision Map Checking 1-4 Lots – Proposing a fee to cover cost
associated with the need for filing map corrections, known as Certificate of Correction.
While these occur infrequently, this charge acknowledges that when they do occur
resources are required to support the effort.
6. Building/Grading Permits (Building, Structures, & Impervious areas) – This fee has not
been increased in several years, so the Department is proposing an increase to reflect
increased costs associated with reconstruction of the stormwater system in the Town.
7. Slurry Seal, Curb and Gutter – These fees are being proposed to increase to reflect
current costs from bid projects.
Police Services
1. Driver Permit and Massage Establishment Permit – Proposing to reduce the fee by the
fingerprinting cost as the Police Department no longer has the equipment to complete
fingerprinting for the public.
2. No Parking Signs – Proposing to increase fee due to actual cost of materials.
3. Bingo Permit – Proposing to reduce the fee as the bingo permit fee is limited by
California Penal Code 326.5.
4. Fingerprinting – Proposing to remove this fee as the Police Department no longer has
the equipment to complete fingerprinting for the public.
5. Solicitor/Peddler’s Permit – Proposing to remove language “plus fingerprinting” as the
Police Department no longer has the equipment to complete fingerprinting for the
public.
PAGE 4 OF 5 SUBJECT: Fee and Fine Schedule for Fiscal Year 2023/24 DATE: March 21, 2023
DISCUSSION (continued):
6. Bicycle Licenses – Proposing to remove this fee as California amended a law that
removes all bike registration requirements (see Section 39002 of the vehicle code).
Attachment 1, Exhibit A contains the proposed FY 2023/24 Comprehensive Fee Schedules
reflecting all Town fees (including proposed changes). An itemized list of recommended FY
2023/24 fee adjustments, reclassifications, and deletions are reflected in Attachment 2.
The Comprehensive Fine Schedule sets forth the administrative penalty amounts for code
violations. Attachment 3, Exhibit A contains the proposed FY 2023/24 Comprehensive Fine
Schedules reflecting all Town fines (including proposed changes). An itemized list of
recommended FY 2023/24 fine adjustments, reclassifications, and deletions are reflected in
Attachment 4 and explained below:
Town Violations
1. Social Host Ordinance – Proposing to remove three fines: 18.30.010 (a), 18.30.010 (b),
and 18.30.040 to better align with the new Town’s social host ordinance. The Town’s
social host ordinance prohibits underage social gatherings involving intoxicants on
private and public property. In the event that any person knowingly hosts an underage
social gathering with intoxicants or a juvenile hosts an underage social gathering
involving intoxicants, the ordinance provides that the hosts or parents/guardians of the
juvenile may be jointly and severally liable for penalties and response costs.
CONCLUSION:
It is recommended that Town Council approve the Comprehensive Fee Schedule (Attachment 1)
and the Comprehensive Fine Schedule effective July 1, 2023 (Attachment 3).
FISCAL IMPACT:
The Town’s financial polices require that fees be maintained to provide for the recovery of costs
associated with Town services. If approved by the Town Council, staff will incorporate the
selected fee changes into the Town’s FY 2023/24 Operating and Capital Budget using
conservative development and other activity projections.
COORDINATION:
The preparation of the Fee and Fine Schedules was coordinated with all Town Departments and
Offices.
PAGE 5 OF 5 SUBJECT: Fee and Fine Schedule for Fiscal Year 2023/24 DATE: March 21, 2023
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution approving Comprehensive Fee Schedule FY 2023-24, including Exhibit A
Proposed FY 2023-24 Comprehensive Fee Schedule (Redline)
2. Proposed FY 2023-24 Fee Adjustment, Reclassification, and Deletions
3. Resolution approving Comprehensive Fine Schedule FY 2023-24, including Exhibit A
Proposed FY 2023-24 Comprehensive Fine Schedule (Redline)
4. Proposed FY 2023-24 Fine Adjustment, Reclassification, and Deletions