Staff Report
PREPARED BY: STEPHEN CONWAY
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: 02/21/2017
ITEM NO: 12
DATE: FEBRUARY 09, 2017
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: FEE AND FINE SCHEDULE
A. ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FEE
SCHEDULE FOR FY 2017/18 TO CONTINUE CERTAIN DEPARMENT
FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES,
RATES, AND CHARGES FOR FY 2017/18.
B. ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE
SCHEDULE FOR FY 2017/18 TO CONTINUE CERTAIN DEPARTMENT
FINES, AND AMENDING CERTAIN FINES FOR FY 2017/18.
RECOMMENDATION:
Staff recommends that the Town Council:
1. Adopt a resolution approving the Comprehensive Fee Schedule for Fiscal Year (FY)
2017/18 to continue certain department fees, rates, and charges, and amending certain
fees, rates, and charges for FY 2017/18.
2. Adopt a resolution approving the Comprehensive Fine Schedule for FY 2017/18 to
continue certain department fines, amending certain fines for FY 2017/18.
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 on the Los Gatos Town Code.
Annually, the Council adopts a Comprehensive Fee and Fine Schedule, which lists all of the
Town fees and fines. Last year Council approved splitting the Comprehensive Fee and Fine
Schedule into two documents. This separation helps to clearly distinguish between fines
PAGE 2 OF 6
SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHSENIVE FEE SCHEDULE FOR
FY 2017/18 TO CONTINUE CERTAIN DEPARMENT FEES, RATES, AND CHARGES,
AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2017/18, AND
ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE
FOR FY 2017/18 TO CONTINUE CERTAIN DEPARTMENT FINES, AND
AMENDING CERTAIN FINES FOR FY 2017/18.
DATE: FEBRUARY 09, 2017
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BACKGROUND (cont’d):
charged for code violations enforced in the proposed Comprehensive Fine Schedule, and those
services that are being provided to the public as proposed in the Comprehensive Fee Sche dule.
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 aver age increase
in the CPI for 2016 was 3.1%. Attached for Council reference is an updated FY 2017/18
Comprehensive Fee Schedule (Exhibit A to Attachment 1) reflecting all Town fees (including
proposed changes) and an itemized list of recommended FY 2017/18 fee adjustments,
reclassifications, and deletions, including those to be adjusted by the average CPI (Attachment
3). The proposed FY 2017/18 Comprehensive Fee Schedule accounts for modifications to fees
as explained below:
Administration
1. Compact Disk or Tape of Council and Planning Commission Meetings – The adjustment of
this fee ensures cost recovery for the Town. Increasing this fee from $10.00 to $20.00 per DVD
for meetings under two hours and $30.00 per DVD for meetings over three hours reflects what
the Town is being charged in our current agreement for public access funding and cablecasting
services.
2. Credit Card Processing Fee – Staff is proposing an increase to this fee from 2.3% to 2.4% to
match the average cost the Town is being charged by the bank for all credit card transactions.
Development Services
1. Seismic Hazards Mapping Program Fees (SMIP) – This fee is required by the State of
California and was increased. The cost for category 1 permit will increase from $10.00 to
$13.00 and the category 2 permit fee will increase from $21.00 to $28.00.
2. Reports, Agendas, and Minutes – Under this section in development service fees; staff
proposes adding the following reports: 2015-2023 Housing Element, Los Gatos Boulevard Plan,
and North Forty Specific Plan. These documents are being proposed as adds to the fee
schedule as they are frequently requested and printed in-house. The costs of these documents
reflect the standard copying charges as stated under Administrative Fees.
PAGE 3 OF 6
SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHSENIVE FEE SCHEDULE FOR
FY 2017/18 TO CONTINUE CERTAIN DEPARMENT FEES, RATES, AND CHARGES,
AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2017/18, AND
ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE
FOR FY 2017/18 TO CONTINUE CERTAIN DEPARTMENT FINES, AND
AMENDING CERTAIN FINES FOR FY 2017/18.
DATE: FEBRUARY 09, 2017
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DISCUSSION (cont’d):
3. Photovoltaic System and Solar Systems Fees – Staff is recommending that both fees be
reduced from $104.00 to $90.00. California state law (CA Code 66014) mandates that these
permits must be less than $500.00 total. This reduction in cost will ensure th at the Town does
not charge more than $500.00 when including the additional fees charged by the Town to
obtain these permits.
4. Conceptual Development Advisory Committee (CDAC) Review – The Special Noticing fee for
CDAC is being added as it is now a service the Town will be providing. This fee is not included in
the CDAC Review fee and will be charged separately as actual cost with a minimum $500.00
deposit.
5. Outdoor Seating Permit – In December 2015 an outdoor seating policy was adopted to allow
outdoor seating through a staff level review, without the need to reopen any Conditional Use
Permit (CUP). This new 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.
6. Valet Parking Permit – In November 2015 Section 29.10.145 of Chapter 29 (Zoning
Regulations) of the Los Gatos Town Code was amended to allow businesses to charge for valet
parking services within private parking lots through the Town’s Development Review
Committee (DRC) approval process. This new 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.
7. Engineering Plan Check Fees (Public Improvements and Grading Permits) – Staff is proposing
a modification to the fees to avoid potential confusion of the fee amount for projects whose
improvements are valued at a total of more than $100,000.
8. Inspection Fee (Public Improvements and Grading Permits) – Staff is proposing to base the
fee entirely on actual cost plus ten percent for administrative costs.
9. Dumpster and Storage Permits – Staff is proposing increasing both permit fees from $115 to
$160 to reflect similar fees in the municipalities of Campbell and Palo Alto.
PAGE 4 OF 6
SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHSENIVE FEE SCHEDULE FOR
FY 2017/18 TO CONTINUE CERTAIN DEPARMENT FEES, RATES, AND CHARGES,
AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2017/18, AND
ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE
FOR FY 2017/18 TO CONTINUE CERTAIN DEPARTMENT FINES, AND
AMENDING CERTAIN FINES FOR FY 2017/18.
DATE: FEBRUARY 09, 2017
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DISCUSSION (cont’d):
10. National Pollutant Discharge Elimination System (NPDES) fees - The inspection fee has been
revised to provide different fee amounts for Grading Permits, Encroachment Permits, and some
Storage Permits. The inspection fee for Grading Permits has been revised from being based on
square footage to a flat fee amount of $750. The revision represents an increase to ensure cost
recovery based on staff time required for the necessary inspections. Generally, Departments
check other jurisdictions to make sure that our fees are in line with other nearby cities and
towns. The proposed fee would reflect the amount included in the City of Cupertino’s fee
schedule.
A separate inspection fee for Encroachment and some Storage Permits has been added, as the
necessary inspections associated with these permits typically require less staff time and
therefore a lower fee of $200. An annual inspection fee and storm water permit fee have been
introduced to recover costs associated with staff time required for wet weather and annual
inspections.
Library
1. Overdue Fees for Adult Library Materials –The Silicon Valley Library System (SVLS) has
assessed the fines for libraries (including Los Gatos) and currently Los Gatos has the h ighest
charge for daily fines at $0.50. The average SVLS fees range from $0.25 to $0.30, and therefore,
staff is recommending that Los Gatos decrease the adult library materials daily fine to $0.30.
Parks and Public Works
1. Bandstand/Gazebo –The Bandstand/Gazebo in Oak Meadow Park is no longer eligible to
reserve for private parties. Per the Town Use Facility Policy, “Town Plaza Park and Oak
Meadow Park, as focal points for the Town of Los Gatos, shall be used as a location for free
gatherings that are open to the public. Events shall include concerts, festivals, ceremonies, or
other similar activity for the purposes of celebration, education or cultural enrichment.” The
Private Party Event should be renamed to Public Event. The resident fee will be increased from
$90.00 to $95.00 per hour and the non-resident fee should be reduced from $160.00 to
$150.00. These prices reflect a $30.00 difference between non-profit fee and public event fee.
2. Pageant Grounds – Pageant Grounds is no longer a facility that can be reserved so it should
be eliminated from the Fee Schedule.
PAGE 5 OF 6
SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHSENIVE FEE SCHEDULE FOR
FY 2017/18 TO CONTINUE CERTAIN DEPARMENT FEES, RATES, AND CHARGES,
AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2017/18, AND
ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE
FOR FY 2017/18 TO CONTINUE CERTAIN DEPARTMENT FINES, AND
AMENDING CERTAIN FINES FOR FY 2017/18.
DATE: FEBRUARY 09, 2017
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3:14 PM
DISCUSSION (cont’d):
Police
1. Massage Establishment Permit Fees – Town Council adopted ordinance 2256, amending
Town Code Chapter 14 Article XL. Staff is proposing massage establishment fees be included in
the Fee Schedule in accordance with this adopted ordinance.
2. Residential Parking Permits – Staff is proposing increasing the annual residential parking
permit from $41.00 to $86.00. This increased cost ensures cost recovery for the Town’s parking
permit program.
The Comprehensive Fine Schedule sets forth the administrative penalty amounts for code
violations. Attached for Council reference is an updated FY 2017/18 Comprehensive Fine
Schedule (Exhibit A to Attachment 2) reflecting all Town f ines. The proposed FY 2017/18
Comprehensive Fine Schedule accounts for modifications to fines as explained below:
Town Code Violations
1. Late Payment of Fines/Penalties – Staff is proposing that the late payment charge imposed
for the payment of a fine/penalty after its due date should be 100% of the fine/penalty.
CONCLUSION:
It is recommended that Town Council approve the proposed adjustments to the
Comprehensive Fee Schedule and the Comprehensive Fine Schedule effe ctive July 1, 2017.
FISCAL IMPACT:
The Town’s financial polices require that fees be maintained to provide for the re covery of costs
associated with Town services. The proposed fee adjustments reflect an increase in the CPI,
and, therefore, better represent the cost to deliver services. If approved by the Town Council,
staff will incorporate the fee changes into the Town’s FY 2017/18 Operating and Capital Budget
using conservative activity projections. If needed, further fee increases will be brought to
Council for its review during the budget process to move toward full cost recovery of fee -based
services.
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SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHSENIVE FEE SCHEDULE FOR
FY 2017/18 TO CONTINUE CERTAIN DEPARMENT FEES, RATES, AND CHARGES,
AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2017/18, AND
ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE
FOR FY 2017/18 TO CONTINUE CERTAIN DEPARTMENT FINES, AND
AMENDING CERTAIN FINES FOR FY 2017/18.
DATE: FEBRUARY 09, 2017
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ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Resolution approving the Comprehensive Fee Schedule FY 2017/18, including Exhibit A
Proposed FY 2017/18 Comprehensive Fee Schedule
2. Resolution approving the Comprehensive Fine Schedule FY 2017/18, including Exhibit A
Proposed FY 2017/18 Comprehensive Fine Schedule
3. Proposed FY 2017/18 Fee Adjustment, Reclassification, and Deletions