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CC - Item 4B - Comprehensive Fee ResolutionROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER q4 DATE: AUGUST 25, 2009 SUBJECT: COMPREHENSIVE FEE RESOLUTION SUMMARY The City provides various individualized services i.e. inspections, permits, variances, etc. that are not of general benefit. Such individualized services are usually funded by fees charged to the individual user rather than by subsidies from the general taxpayers of the City. However, the City does not currently have a single source document or "comprehensive" list of the various fees charged for individual services, which is problematic. Therefore, the City Council is requested to consider the enactment of a comprehensive fee resolution that will: o Provide a single source comprehensive fee document listing all fees charged by the City for services; . Establish a regular practice of bringing all fees to the City Council for their review and approval on an annual basis; *Minimize the erosion of the City's General Fund fund balance, which occurs when services are provided for individualized benefits (i.e. developers, contractors, etc.) at the expense of general taxpayers. Staff Recommendation Staff recommends that the City Council: 1) Approve Resolution No. 2009-47 which is a comprehensive listing of current fees, plus the imposition of fees of $25 for the first "bad" check and $35 per check thereafter for processing "non sufficient funds" (NSF) checks to cover charges assessed to the City by banks plus staff costs; and a 1% per month late payment charge on unpaid balances. 2) Direct staff to bring back, at a future meeting, recommended fee adjustments that will equitably cover the costs for certain services that directly benefit individual users. APPROVED FOR CITY COUNCIL AGENDA: ITEM NUMBER: Of~ City Council Meeting August 25, 2009 Pace 2 of 3 ANALYSIS The provision of certain individualized services is not of general benefit to all but of benefit to individuals and, therefore, certain filing fees, permit fees, inspection fees, deposits and other fees for services performed by City staff should be paid for by those directly receiving the benefits. When the full cost of the services provided are not charged to the user, the City subsidizes the portion of the cost that is greater than the fee that is charged. When this happens the additional cost is absorbed by the City General Fund to the detriment of residents and local businesses. Because City fees have been determined and brought forth for Council adoption on a piecemeal, department basis; some fees have not been adjusted for as many as 17 years. It is a common practice in most public agencies to approve one comprehensive fee schedule annually, often as part of the budget process, and adjust fees in small increments rather than large "catch up" increases less often. Again, the City's past practice has been for various departments to bring their individual fee schedules to City Council from time to time for approval. However, that practice is inefficient and prevents Council Members from having a global view of City fees as well as the timing of fee adjustments. Many City fees have not been reviewed and adjusted since 1992 and in some cases staff cannot find documentation of Council authorization for fees that historically have been charged for services. Finally, some services are not charged for at all, for instance, "Non Sufficient Funds" (NSF) check handling, DUI recovery costs and vehicle towing costs to name a few. Building permit revenues are updated annually. They are updated each year based on Los Angeles County building permit fees and further adapted to requirements of the Rosemead Municipal Code, therefore, they remain current each year. Building permit fee charges are based on the specifications of each project and are too extensive to be included in this report. However, they are available for inspection at the public counter. With this comprehensive fee resolution, staff is recommending a "Non Sufficient Funds" (NSF) check fee at the legal limit of $25 for the first check and $35 for each subsequent check returned by the City's bank. The NSF check fee is needed to defray charges assessed by the bank plus staff costs. City Council Meeting August 25, 2009 Pace 3 of 3 PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Submitted by: Steven Brisco Finance Director Attachment: Resolution No. 2009-47 RESOLUTION 2009-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, ENCOMPASSING AND ESTABLISHING CERTAIN FEES AND POLICIES FOR SERVICES PROVIDED BY THE CITY OF ROSEMEAD WHEREAS, the Municipal Code of the City of Rosemead provides that certain filing fees, permit fees, inspection fees, deposits, and conditions of service may from time to time be established by the City Council, and WHEREAS, the City Council of the City of Rosemead has determined that the cost of providing certain services is not of general benefit but of benefit to the individual and, therefore, certain filing fees, permit fees, inspection fees and deposits should be required to pay for materials and special services performed by the City staff, and WHEREAS, after the passage of Propositions 4 and 218, local governments were made to charge the costs of services to those who benefited, and WHEREAS, for certain services performed, the cost of providing said services greatly varies and is contingent upon the specifics of each project or application. The City Council finds it more appropriate to require an initial deposit to guarantee the applicant will reimburse the City for costs associated. If the costs exceed the deposit, the applicant shall be responsible for additional deposits or reimbursement necessary to offset cost. If cost of service performed is less than deposit, then the difference shall be refunded to applicant, and WHEREAS, based upon fee justification reports on file with the City Clerk and the City Finance Director, the City Council finds that the fees included in this Resolution represent a portion of the actual costs of the services provided or facilities funded and, therefore, there is a rational relationship between the fees charged and the services and facilities funded, and WHEREAS, the City Council finds that since the fees represent a portion of the actual costs of the service or facilities provided, there is a reasonable relationship between the amount of the fee charged and the costs of the services provided to the person paying the fee, and WHEREAS, the City Council desires to adjust fees for certain services from time to time and to incorporate all adjusted and/or new fees for services provided into one comprehensive resolution, and Page 1 of 14 WHEREAS, the City Council finds it necessary to adjust fees for services, and to maintain a comprehensive document which incorporates most or all fees for services provided by the City into one Resolution, however, the City Manager shall have the authority to establish staff billing rates and equipment charges by Administrative Policy on an as needed basis, and WHEREAS, after notifying those parties interested in fee revisions the City Council proposed adoption of the Resolution on August 25, 2009. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rosemead as follows: SECTION 1. That the general regulations and project deposit guidelines are established as follows: A. TIME AND MATERIALS DEPOSITS - Certain types of applications have been determined by the City Council to benefit the applicant. Therefore, these deposit projects will be billed on a time and materials basis including applicable administrative overhead. Project costs include City Attorney, City Staff, City Engineer, City Landscape Consultant and other fees including overhead costs for staff and contract personnel. All deposited fees shall be due and payable immediately upon presentation of a billing statement by the City. All deposited fees not used to process and manage the application shall be returned after receipt and payment of final project-related bills. Staff billing rates and equipment charges are established periodically by Administrative Policy of the City Manager. B. BILLING - Failure to pay all charges invoiced within thirty (30) days of the date of invoice shall be considered a sufficient cause to stop processing until full payment is made. The City will accept only cash, cashiers checks, bank.checks or credit/debit cards; payment by credit/debit card may not exceed $5,000 (five thousand). Work on a deposit project will not commence until payments have cleared the bank and funds have been transferred to the City. Projects shall not be deemed approved until all City fees have been paid in full. C. LATE PAYMENT CHARGE - Outstanding balances that are not paid in full within twenty-five (25) days after the statement is rendered shall accrue a late payment fee of one percent (1 per month. Page 2 of 14 D. REVISIONS - Fees set forth for plan check and development review shall be for the initial application. See attached fee listing for additional costs for revisions. E. RECORDS - Records of deposit projects are available by contacting the City. Project deposit updates or closing out of projects shall be accompanied by project summary sheets, detailing costs of staff time, City Attorney, City Engineer, City Landscape Consultant, and other consultation charges. F. HARDSHIPS - Fees shall be paid in full for all development projects. The City recognizes that in unique and special circumstances financial hardship may preclude the full payment of fee prior to application for permits. In such cases, the applicant shall apply for a payment deferral agreement with the City Manager. In no case shall the fees be waived or partially paid when the project is completed. The applicant shall state in writing the reasons for deferral. The City Manager shall inform the Community Development Director and Finance Director in writing of the fee deferral and reasons for the deferral. In no case shall the City Manager permit less than half of the fee to be initially paid. G. OTHER FEES AND CHARGES FOR SERVICE - Applicants should be aware that they may be subject to other fees and charges for service established periodically by Administrative Policy of the City Manager or by Ordinance. H. EXEMPTION OF FEES - Where it is verified by the City Manager or appropriate department head that the City is the applicant or party to be charged, fees will be waived. Additionally where a contractor has been hired on behalf of the City, fees may be waived at the discretion of the City Manager. SECTION 2. That the general regulations and project deposit guidelines are established as follows: A. COMMUNITY DEVELOPMENT/PLANNING Planning Fees Current General Plan Amendment $ 950 Conditional Use Permit $ 875 Tentative Parcel Map $1,385 Tentative Tract Map $1,385 Page 3 of 14 Current Zone Variance $ 975 Zone Change .$1,050 Design Review $390 Modification $300 Lot Line Adjustment $290 Other (CEQA Review, Etc.) $75 Planning Copies: Land Use Database $35/each General Plan $25/each General Plan Map $5/each Reconstruction section of code Zoning at a Glance Chart Zoning Map 5/each Zoning Requirements Zoning Ordinance $35/each Public Hearing Items: Conditional Use Permit $875 DesignReview - Commercial/Residential $390 General Plan Amendment $950 Municipal Code Amendment $925 Planned Development Review $635 Relief from Ordinance (moratorium) $300 Relocation Impact Report (mobil home parks) $1,500 Subdivision: Tentative Map Fee $1,385 Tentative Map Per Lot $100 Engineering $270 Page 4 of 14 Current Zone Change $1,050 Zone Variance $975 Other Public Hearing Requests $300 Wildlife Exemption Fee $25 Appeals: Filing Fee $300 Public Hearing Fee $38 Other Planning Items: Conditional Use Permit Extensions - Occupancy Permit $225 Site Plan Review $225 Sign Plan Review $225 Environmental Impact Assessment $300 EIR Plus Outside Consultant $2,900 Map Extensions $400 Minor Lot Line Adjustment $290 Geologic Report $325 B. ENGINEERING SERVICES Tract Map Tentative Tract Map (Establishing engineering and public improvement conditions) $270 'Record Map Analysis: $2,850 plus 50/lot and 1. Monument review $370 2. Verification that map is consistent with conditions to tentative Approval $255 3. Map clearance and review of agreement and/or improvement securities $300 4. Fourth and each subsequent check submittal $450 Page 5 of 14 Current Deferred Monuments Monument Review $300 Certificate of Compliance (Lot Line Adjustment) Record document analysis, clearance, and processing $600 Plus Parcel and: $50 1. Verification of compliance with conditions of approval $225 2. Review of agreements and/or improvement securities $225 Plan Checking 1. Initial $300 plus 2'/: percent of the first $50,000 plus 2 percent of the next $100,000 plus 1'/ percent thereafter of the estimated construction cost 2. Revision Actual Cost Same Construction Permits 1. Issuance Fee $50 and $25 2. Initial Observation 3. Modifications Observation $500 plus 6 percent of first $100,000 plus 5 percent of next $100,000 plus 4 percent thereafter of the estimated construction cost. Actual cost (an initial deposit is required) for all modifications requiring plan revisions or as-built. Road permit Fees (applicable to improvements not subject to Section 3) Page 6 of 14 Current Construction Permits 1. Driveway 2. Close existing driveway opening 3. Individual sidewalk 4. Individual curb and gutter 5. Individual alley improvement 6. Street trees 7. Curb drain (curb only) 8. Parkway drain 9. Relocate existing drainage structure B. Excavation Permits 1. Service cut 2. Main Line 3. Sewer cuts (residential) 4. Sewer cut (commercial) C. Encroachment Permits 1. Stockpile material or waste in street right-of-way or easement 2. Placing container for material or waste in a street right-of-way or easement $50 issuance fee for all construction and encroachment permits plus corresponding observation fee $250/driveway $250/driveway $250/location $200/location $3/sq. ft./location $50/location for first tree plus $25/tree thereafter $150/drain $300/drain $1, 000/structure $17.50/cut and $2 for each sq. ft. excavation $2 sq. ft. for each sq. ft. of excavation $250/connection to main $350/connection to main $200/stockpile $250/container (refundable deposit) Page 7 of 14 Current 3. Placing temporary structure or parking equipment in street right-of-way or easement $200/structure or piece of equipment 4. Pedestrian protection required by building code (Construction at parkway grade) $200/location 5. Street closures $200/location 6. Commercial filming $400/working day plus $800/night, Saturday, Sunday, or holiday 7. Other encroachments $50 issuance fee plus actual cost (deposit required) Parcel Map Tentative Parcel Map (establish engineering and public improvement conditions $270 Record Map Analysis - $2,000 plus $50/parcel and 1. Dedications $750 2. Monument review $370 3. Verification that map is consistent with conditions of tentative approval $255 4. Map clearance and review agreements and/or improvements securities $300 5. Fourth and each subsequent check submittal $450 Plans and Specifications $25 walk-in $40 mailed C. BUILDING PERMIT FEES Based on L.A. County fee schedule and adjusted per Rosemead Municipal Code. Page 8 of 14 D. PARKS AND RECREATION FEES Pool Admission: Resident Non-Resident Daily recreation swim (18 and under) $1 $1 Daily recreation swim (19 and over) $1.50 $1.50 Season recreation swim (18 and under) $20 $20 Season recreation swim (19 and over) $30 $30 Family pass $50 $50 Lap Swim: Per visit $2.00 $2.00 20 visits $25.00 $25.00 Lessons Group Swim Lesson - Youth $20 $20 Group Swim Lesson - Adult $25 $25 Parent Tot $20 $20 Private Lessons (one instructor one student) $80 $80 Semi-Private Lessons (one instructor two $60 ea $60 ea or three students) Aqua Aerobics $45 $45 Swim Team Fees $30 mo $30 mo Luau $5 $5 Wacky Wednesday's $3 $3 Dive in Movies $2 $2 Classes Day Camp - first child $100/week $100/week Day Camp - second child $90/week $90/week Day Camp - third and additional child $85/week $85/week Tiny Tots Sports $201season $201season Pre-school $274/qtr $299/qtr Facility Use: Auditoriums: Rosemead Center - Room 3 and 4 $60/hr $901hr Rosemead Center - Room 1 and 2 $50/hr $751hr Garvey Center - Banquet Room $65/hr $100/hr Rosemead/Garvey Kitchen (non res) Security Deposit $300 $500 . Page 9 of 14 Resident Non-Resident Meeting Rooms: Rosemead Center - Room 5 or 8 $251hr $40/hr Garvey Center - Rooms 103 or 104 (50) $25/hr $40/hr Garvey Center - Rooms 103 & 104 (100) $40/hr $60/hr Garvey Center - Rooms 108 or 109 (50) $25/hr $40/hr Garvey Center - Rooms 108 & 109 (100) $40/hr $60/hr Security Deposit $100 $150 Special Event Insurance: Class I: 1 -100 $95 $95 101 -500 $130 $130 501 -1500 $200 $200 Class II: 1 -100 $135 $135 101 -500 $230 $230 501 -1500 $275 $275 Class III: 1 -100 $205 $205 101 -500 $355 $355 501 -1500 $471 $471 Park Facilitv Use Rosemead Park - Field #1 $12/hr $501hr Rosemead Park - Field #2 $12/hr $501hr RosemeadPark - Lights $15/hr $30/hr Garvey Park - Field #1 $12/hr $50/hr Garvey Park - Field #2 $12/hr $501hr Garvey Park - Multi-Purpose Field $12/hr $50/hr GarveyPark - Gymnasium $32/hr $751hr Garvey Park - Gymnasium (Non-Profit Team) $25/hr $25/hr GarveyPark - Lights $15/hr $30/hr Rosemead Pool - Large Pool $35/hr $75/hr Rosemead Pool - Small Pool $25/hr $40/hr Garvey Pool $35/hr $75/hr Sports Complex - Fields $12/hr $50/hr Sports Complex - Lights $15/hr $301hr Key Deposit (Non-Profit Team) $100 $100/hr Lifeguard (min. 3) $12/hr $121hr Lifeguard (Non-Profit Team) (min. 3) $12/hr - Staff $11/hr $11/hr Staff(Non-Profit Team) $11/hr $11/hr Page 10 of 14 Resident Non-Resident Security Deposit $75 $11/hr Security Deposit (Non-Profit Team) $100 $100 Vendor Booths - Special Events: Booth Space (10' X 10') $50 $50 Electrical Needs $25 $25 Table and Chairs (2) $5 $5 No charge for non-profit organizations Excursions - Event admission plus 10% Adult Sports: Men's Softball $250/team $250/team Men's Basketball $325/team $325/team Open Gym (badminton/ping pong) $1 Visit $1 Visit Current E. PUBLIC TRANSPORTATION Senior Bus Pass $6/mo EZ Pass $26/mo Dial-A-Ride $0.50/Ride Shopper Shuttle $0.50/Ride F. CITY CLERK FEES Subpoenas $15 Subpoenas - personal appearance $150 Photocopies - per page $0.15 Copies of FPPC documents $0.10 Copies of tapes (each) $5 Candidate filing fee .$3,000 G. FINANCE DEPARTMENT FEES NSF check (first check) (new) $25 NSF check (second and each subsequent check) (new) $35 Page 11 of 14 SECTION 3. That the Business License fees are established as follows: New Application Renewal Business License and Fee Charges Accupressure/Accupuncture $300 $100 Ambulance: Attendant $28 $30 Driver $33 .$13 Owner $149 $41 Vehicle $116 $108 Apartments: 5-10 Families $72 $33 11-15 Families $87 $41 16 -over $148 $70 Beauty Salon (Skin and Nail Care) $300 $100 Billiard Room (more than I table) $325 $105 Boarding House $70 $34 Book Store $295 $105 Bowling Alley $327 $185 Burglary Alarm $18 $11 Card Club $317 $130 Coin operated game and phonograph $87 $53 Cold Storage Locker $72 $49 Dances (No Dance Hall Permitted) Annual $336 $126 Special $300 $0 Taxi Dance Hall $291 $0 Youth and Charity Free Free Entertainment: with dance license $117 $103 Entertainment: without dance license $423 $217 Exhibition (Carnival) $370 $141 Explosives $153 $90 Filing Station (Car wash) $76 $33 Fortune Telling (C-3 Zone) $500 $250 Funeral Escort: Business $85 $38 Employee $25 $13 Game Arcade: 4 or more $326 $121 Gun Dealer $121 $62 Identification Cards $107 $60 Launderette $59 $27 Locksmith $61 $34 Lumberyard $338 $260 Massage Parlor and Technician $300 $100 Model studio $388 $158 Motel/Hotel $81 $37 Motor Vehicle: Rental $112 $57 Painting $112 $57 License Repair (trucks) $112 $57 Page 12 of 14 New Application Renewal Nursery $27 $11 Outdoor Festival: Religious Worship $10 $0 All others $443 Additional day $133 Pawn Broker $95 $66 Peddler: Edible $17 $11 Merchandise $26 $16 Picture Arcade $347 $123 Pony Ride $31 $11 Poultry Dealer $31 $11 Private Patrol: Business $127 $38 Special Officer $48 $13 Public Eating Establishment $135 $87 Food Establishment $78 $36 Rides: (Mechanical) $127 $54 Rodeo $317 Additional Day $131 Salvage Collector for vehicles: Regular $31 $17 Charity $2 $2 Salvage Dealer: Regular $144 $71 Charity $2 $2 School: (Private) $233 $83 Solicitor $31 $17 Sound Truck (Commercial) $108 $23 Taxi Dancer or Instructor $54 $34 Taxicab: Driver $33 $17 Owner $194 $48 Cab $110 $110 Additional Cab $110 $110 Theatre $398 $188 Tow Truck $76 $51 Traveling Show or Circus $542 Additional Day $313 Valet Parking Service $111 $86 Waste Collector: (Vehicle) $59 $51 Waste Disposal Facility $593 $493 Haulerw/vehicle $22 $14 Firework Stands: Permit $10 $0 Deposit $200 $0 X-mas Tree Lot: Permit $25 $0 Deposit $150 $0 Page 13 of 14 Kennel License: Needs a Conditional Use Permit through the Planning Department, and a license through the Animal Care & Control Department. Seller's Permits: State Board of Equalization 20 E. Foothill, Arcadia (626) 350-6401 . Acupressure, Ambulances, Bar, Beauty Salon, Billiard Rooms, Dance, Entertainment, Fortune Teller, Locksmith, massage Parlors and Massage Techs, Pawnbrokers, Peddlers, Solicitors, and Taxi Driver Businesses listed above require a full background investigation and may take at least 3-8 weeks. Page 14 of 14