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Fees & Fines Staff ReportPREPARED BY: STEPHEN CONWAY Administrative Services and Finance Director Reviewed by: Assistant Town Manager Town Attorney Finance N:\MGR\AdminWorkFiles\2016 Council Reports\03-15-16\05 Fees, Rates, Charges, and Fines\Fees & Fines Staff Report.doc MEETING DATE: 03/15/16 ITEM NO: 5 COUNCIL AGENDA REPORT DATE: FEBRUARY 18, 2016 TO: MAYOR AND TOWN COUNCIL FROM: LAUREL PREVETTI, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FEE SCHEDULE FOR FY 2016/17 TO CONTINUE CERTAIN DEPARTMENT FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2016/17. ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE FOR FISCAL YEAR (FY) 2016/17 TO CONTINUE CERTAIN DEPARTMENT FINES, AND AMENDING CERTAIN FINES FOR FY 2016/17. RECOMMENDATION: 1. Adopt a resolution approving the Comprehensive Fee Schedule FY 2016/17, to continue certain department fees, rates and charges, and amending certain fees, rates, and charges for FY 2016/17. 2. Adopt a resolution approving the Comprehensive Fine Schedule for FY 2016/17 to continue certain department fines, amending certain fines for FY 2016/17. 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. This year staff is proposing splitting the Comprehensive Fee and Fine Schedule into two documents. This separation will help to clearly distinguish between fines 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 Schedule. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FEE SCHEDULE FOR FY 2016/17 TO CONTINUE CERTAIN DEPARTMENT FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2016/17. ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE FOR FISCAL YEAR (FY) 2016/17 TO CONTINUE CERTAIN DEPARTMENT FINES, AND AMENDING CERTAIN FINES FOR FY 2016/17. FEBRUARY 18, 2016 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 201 5 was 2.6%. Attached for Council reference is an updated FY 2016/17 Comprehensive Fee Schedule (Exhibit A to Attachment 1) reflecting all Town fees (including proposed changes) and an itemized list of recommended FY 2016/17 fee adjustments, reclassifications, and deletions, including those to be adjusted by the average CPI (Attachment 3). The proposed FY 2016/17 Comprehensive Fee Schedule accounts for modifications to fees as explained below: Administration 1. Fee for Use of Town Hall Facilities (Council Chamber) – The revision of this fee ensures that the Town Council Chambers policies and procedures are accurately reflected in the fee schedule. All for profit organizations will be charged $30.00 per hour while nonprofit organizations will not be charged. 2. Cleaning and Utility Fee – Staff proposes deleting this fee to match how fees are being charged in the Town Council Chambers policies and procedures. 3. Building Attendant ($20.00 per hour) – A building attendant is required for all meetings held in the Council Chamber and reserved by federal, state, county, municipal agencies, schools, and agencies providing government education programs serving Los Gatos residents per the Town Council Chambers Policy and Procedures effective 7/29/99 and revised 4/15/05 and included on the current Council Chambers reservation application. The addition of this fee ensures that the policies and procedures outlined are accurately reflected in the fee schedule. 4. Oversized or large reproductions (actual cost) – Staff proposes adding this fee to accommodate the larger reproductions that are being asked of the department. 5. Request for service not covered by any other fee (actual cost) – Staff proposes adding this fee under General Administration to remain consistent with the fee that is already found under General Development Services. 6. Council Minutes and Agendas (annual mailing list) and Ordinance and Resolutions – Staff proposes deleting these fees since all Council minutes and agendas and ordinances and resolutions can be found on the Town website. 7. Credit Card Processing Fee (2.30%) – Staff is proposing an increase to this fee to match the average cost the Town is being charged by the bank for all credit card transactions. 8. Staff proposes changing several fees from a flat fee to actual cost in an effort to ensure cost recovery for the Town. The fees that would change include: Copy of Town Code, Annual Subscription for Town Code Supplements, Copy of Zoning Ordinance, Annual Subscription for Zoning Ordinance Supplements, Annual Financial Report, Annual Budget, Capital Improvement Plan, Compact Disk or Tape of Council and Planning Commission Meetings. PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FEE SCHEDULE FOR FY 2016/17 TO CONTINUE CERTAIN DEPARTMENT FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2016/17. ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE FOR FISCAL YEAR (FY) 2016/17 TO CONTINUE CERTAIN DEPARTMENT FINES, AND AMENDING CERTAIN FINES FOR FY 2016/17. FEBRUARY 18, 2016 DISCUSSION cont’d: Library 1. Internet Printing and Copies - Color Copy Fee ($0.25) – Staff proposes this new fee to ensure a per page cost recovery for the Town. Development Services: Engineering Division 1. NPDES Structure Change/Inspection of Storm Water Treatment Measures - The fee revision will account for staff time in reviewing stormwater design measures and implementation at the Grading Permit stage. The revised fee will capture staff cost in reviewing storm water treatment measure design and details for development of vacant properties as well as redevelopment of existing ones. The existing fee only captures the change in impervious areas for redevelopment projects. However, storm water requirements apply to both new and replaced impervious areas. The proposed inspection fee will account for staff time in inspecting storm water treatment measures. The fee is consistent with other agencies and provides predictability for the development community. 2. C-3 Permit Hydrologic Calculation – The increase from a 10% Admin fee to a 25% Admin fee aligns the fee with the existing charge used in other fees. This change is recommended for consistency across fees. 3. Separate Instrument Dedication Fee ($900.00) – The new fee will account for staff time in reviewing and processing new easement dedication to the Town via separate instrument dedication (i.e. grant deeds, etc.) when a map is not required with the project. Most projects in the Town (i.e. single- family residence, non-residential development, etc.) do not need a parcel or tract map but may have dedication requirements. The dedication is often conveyed to the Town by recordation of a separate instrument dedication. Staff has reviewed and processed these dedications in the past without an established fee. The new fee is consistent with an adjacent agency and provides predictability for the development community. 4. Slurry Seal ($2.50 per square foot) - The new fee will allow development to contribute to pavement maintenance of public streets based on the amount of trenching associated with the project. Most development projects in the Town require trenching in the public right-of-way to install or replace utilities. The trenching contributes to pavement failures through time. The new fee will allow the Town to minimize pavement failures by implementing a slurry seal. 5. Flood Review Fee (Consultant Cost plus 25% Admin) - The new fee will account for staff cost in coordinating and the Town’s consultant review of development projects in the flood zone. The Town does have properties within the flood zone. Development or redevelopment of these properties will require flood reviews to ensure proposed projects are in conformance with Town and FEMA requirements. 6. Miscellaneous Review Fee (actual cost) - The new fee will account for staff cost in reviewing anything technical plans and/or documents not clearly defined on the Fee Schedule. The few would also apply to any additional review of plans, maps, and documents that exceed three review cycles. PAGE 4 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FEE SCHEDULE FOR FY 2016/17 TO CONTINUE CERTAIN DEPARTMENT FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2016/17. ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE FOR FISCAL YEAR (FY) 2016/17 TO CONTINUE CERTAIN DEPARTMENT FINES, AND AMENDING CERTAIN FINES FOR FY 2016/17. FEBRUARY 18, 2016 DISCUSSION cont’d: 7. Staff proposes changing several fees from a consultant cost to a flat fee. The fees that would change include: Engineering Subdivision Map Checking, Engineering Reversion to Acreage, Engineering Lot Merger, Engineering Lot Line Adjustments, and Certificate of Compliance. The fee revisions are based on the staff time to review the consultant’s work, coordinate, and complete the review of subdivision maps, reversions to acreage, lot mergers, lot line adjustments, and certificates of compliance. Staff performs technical review of all maps, mergers, adjustments, and certificates in addition to coordinating with the Town’s consultant. The existing fee only captures staff time in coordinating, but not reviewing. The revised fee is consistent with other agencies and provides predictability for the development community. If a project exceeds three review cycles, the applicant is then also assessed the actual cost as stated in the Miscellaneous Review Fee on page 24 of the proposed fee schedule. Parks and Public Works 1. Increasing Facility Fee with Jump House Permit (Non-Resident) – Oak Meadow Park – Staff proposes an increase from $250 per site to $300 per site to align with the current resident fee for Oak Meadow Park. 2. Additional Rental Equipment – Message Board, Barricades, Cones, and Portable Generator have all been added to the rental equipment list as these items can now be rented when available. Police 1. Block Party Event Permit ($75.00) – The purpose of the block party permit is to encourage neighborhood events by allowing the closing of public streets within a neighborhood and to ensure a procedure and application process for the fair and equitable review of requests for neighborhood block parties. Requests for block parties are submitted on an application form prepared and reviewed by the Police Department. Currently, we have no fee associated with the administrative processing of the application and coordinating safety issues associated with closing a neighborhood street. The proposed fee would reduce the administrative costs associated with processing an application and is in-line with block party fees established by other cities in the Bay Area. The Comprehensive Fine Schedule sets forth the administrative penalty amounts for code violations. Attached for Council reference is an updated FY 2016/17 Comprehensive Fine Schedule (Exhibit A to Attachment 2) reflecting all Town fines (including proposed changes) and an itemized list of recommended FY 2016/17 fine adjustments, reclassifications, and deletions (Attachment 4). The proposed FY 2016/17 Comprehensive Fine Schedule accounts for modifications to fines as explained below: PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FEE SCHEDULE FOR FY 2016/17 TO CONTINUE CERTAIN DEPARTMENT FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2016/17. ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE FOR FISCAL YEAR (FY) 2016/17 TO CONTINUE CERTAIN DEPARTMENT FINES, AND AMENDING CERTAIN FINES FOR FY 2016/17. FEBRUARY 18, 2016 DISCUSSION cont’d: Police 1. The Police Department and the Town Attorney identified several Town Code violations to increase this year. These increases are designed to discourage the following behaviors within the Town.  First Offense under Animal and Vehicles – increase from $50.00 to $100.00  Illegal Dumping (outside park) – increase from $100.00 to $200.00  Peddlers/Solicitors – increase from $50.00 to $100.00  Drinking in Public – increase from $50.00 to $100.00  Open Container in Public – increase from $50.00 to $100.00  Minor Possession of Alcohol at Social Gathering – increase from $50.00 to $100.00  Discharge of Firearm, etc. in Town – increase from $50.00 to $100.00  Sling Shot – increase from $50.00 to $100.00  Possess or Ignite Explosive, Fireworks, Rocket, etc. – increase from $100.00 to $200.00 Los Gatos Uniform Fire Code 1. The Town contacted the Santa Clara County Fire Department to request any updates to the fines and penalties associated to the Los Gatos Uniform Fire Code. All changes to the Los Gatos Uniform Fire Code are listed in Attachment 4. CONCLUSION: It is recommended that Town Council approve the proposed adjustments to the Comprehensive Fee Schedule and the Comprehensive Fine Schedule effective July 1, 2016. FISCAL IMPACT: The Town’s financial polices require that fees be maintained to provide for the recovery 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. Staff will incorporate the fee changes into the Town’s FY 2016/17 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. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. PAGE 6 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FEE SCHEDULE FOR FY 2016/17 TO CONTINUE CERTAIN DEPARTMENT FEES, RATES, AND CHARGES, AND AMENDING CERTAIN FEES, RATES, AND CHARGES FOR FY 2016/17. ADOPT A RESOLUTION APPROVING THE COMPREHENSIVE FINE SCHEDULE FOR FISCAL YEAR (FY) 2016/17 TO CONTINUE CERTAIN DEPARTMENT FINES, AND AMENDING CERTAIN FINES FOR FY 2016/17. FEBRUARY 18, 2016 Attachments: 1. Resolution approving the Comprehensive Fee Schedule FY 2016/17, including Exhibit A Proposed FY 2016/17 Comprehensive Fee Schedule 2. Resolution approving the Comprehensive Fine Schedule FY 2016/17, including Exhibit A Proposed FY 2016/17 Comprehensive Fine Schedule 3. Proposed FY 2016/17 Fee Adjustments, Reclassifications, and Deletions 4. Proposed FY 2016/17 Fine Adjustments, Reclassifications, and Deletions