HomeMy WebLinkAboutResolution 2015-139 N.C.S. 09/14/2015Resolution No. 2015-139 N.C.S.
of the City of Petaluma, California
ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR
CITY SERVICES AND REPEALING PREVIOUSLY ADOPTED
FEES AND CHARGES FOR SUCH SERVICES
WHEREAS, the City Council of the City of Petaluma ("City") has previously
established fees and charges for City services, with the intent of recovering up to the City's
estimated actual and reasonable costs to provide such services; and
WHEREAS, with respect to fees and charges to be increased, the City has analyzed its
fees and charges, the costs of providing services, the beneficiaries of the services, and the
revenues produced by those paying charges for such services, and such analysis is contained in
the Cost of Services Study ("Study"), which applicable portion of the Study is included in the
Master Fee Schedule attached as Exhibit A to this resolution and which entire Study is hereby
incorporated by reference; and
WHEREAS, a Comprehensive User Fee Study Report is attached as Exhibit B; and
WHEREAS, the City wishes to comply with both the letter and the spirit of Article
XIIIB of the California Constitution; and
WHEREAS, in adopting the fees and charges for City services as set forth in this
Resolution, the City Council of the City of Petaluma is exercising its powers under Article XI,
Sections 5 and 7 of the California Constitution, Section 66014 of the California Government
Code, and other applicable law; and
WHEREAS, the City has a policy of recovering up to the full cost of providing voluntary
services from those persons utilizing them so that general taxes are not diverted from general
services to unfairly or inequitably subsidize such services; and
WHEREAS, the fees and charges set forth in the schedule of fees and charges adopted
by this Resolution are not taxes as defined in Article XIIIA, §3(b) (Proposition 26), of the
California Constitution because such fees and charges are either:
(1) imposed for a specific benefit conferred or privilege granted directly to the payor that
is not provided to those not charged, and which does not exceed the reasonable costs of
conferring the benefit or granting the privilege to the payor; or
Resolution No. 2015-139 N.C.S. Page 1
(2) imposed for a specific government service or product provided directly to the payor
that is not provided to those not charged, and which does not exceed the reasonable costs
of providing the service or product to the payor; or
(3) imposed for the reasonable regulatory costs incident to issuing licenses and permits,
performing investigations, inspections, and audits, enforcing agricultural marketing
orders, and the administrative enforcement and adjudication thereof; or
(4) imposed for entrance to or use of city property, or the purchase, rental, or lease of
city property, except charges governed by Section 15 of Article XI; and
WHEREAS, the fees and charges set forth in the schedule of fees and charges adopted
by this Resolution are consistent with the requirements of Article XIII D (Proposition 218) of the
California Constitution pursuant to Apartment Association of Los Angeles County v. City of Los
Angeles (2001) 24 Cal. 4th 830, in that such fees are not applicable to incidents of property
ownership, but rather actual use of City services; and
WHEREAS, in accordance with Government Code Section 50076, fees and charges that
do not exceed the reasonable cost of providing the service or regulatory activity for which the
fees are charged and which are not levied for general revenue purposes are not special taxes as
defined in Article 3.5 of the Government Code; and
WHEREAS, in accordance with Government Code Section 66014, local agency fees for:
zoning variances, use permits, building inspections, building permits, filing and processing
applications and petitions filed with the local agency formation commission or conducting
proceedings filed under the Cortese -Knox Local Government Reorganization Act of 1985
(Government Code § 56000 et seq. ), processing maps under the Subdivision Map Act
(Government Code § 66410 et seq. ), or planning services shall not exceed the estimated
reasonable cost of providing the service for which the fee is charged; and
WHEREAS, in accordance with Government Code Section 65104, fees to support the
work of planning agencies shall not exceed the reasonable cost of providing the service for
which the fee is charged; and
WHEREAS, in accordance with Government Code Section 65456, legislative bodies
may, after adopting a specific plan, impose a specific plan fee upon persons seeking
governmental approvals which are required to be consistent with the specific plan, and such fees
shall, in the aggregate, defray but not exceed the cost of preparation, adoption and administration
of the specific plan; and
Resolution No. 2015-139 N.C.S. Page 2
WHEREAS, in accordance with Government Code Section 65909.5, reasonable city fees
for the processing of use permits, zone variances, or zone changes shall not exceed the amount
reasonably required to administer the processing of such permits, zone variances or changes; and
WHEREAS, in accordance with Government Code Section 66451.2, reasonable local
agency fees for the processing of tentative, final and parcel maps shall not exceed the amount
reasonably required by the agency; and
WHEREAS, in accordance with Health and Safety Code Section 17951, city governing
bodies may prescribe fees for permits, certificates or other documents required or authorized
concerning implementation and enforcement of the California Building Standards Code, and
such fees shall not exceed the amount reasonably required to administer or process those permits,
certificates or other forms or documents, and shall not be levied for general revenue purposes;
and
WHEREAS, in accordance with Health and Safety Code Section 19132.3, city governing
bodies may adopt fees for filing building permit applications, and such fees shall not exceed the
amount reasonably required for the local enforcement agency to issue such permits, and shall not
be levied for general revenue purposes; and
WHEREAS, in accordance with Health and Safety Code Section 19852, city governing
bodies may prescribe such fees as will pay the expenses incurred by the building department in
maintaining the official copy of the plans of buildings for which building permits have been
issued, but such fees shall not exceed the amount reasonably required in maintaining the official
copy of the plans for which building permits have been issued; and
WHEREAS, fees adopted pursuant to Government Code Sections 66014, 65104, 65456,
65909.5, and 66451.2, and Health and Safety Code Sections 17951, 19132.3, and 19852, are to
be imposed pursuant to Section 66016 of the Government Code, which imposes certain
procedural requirements prior to levying a new fee or service charge, or prior to approving an
increase in an existing fee or service charge; and
WHEREAS, in accordance with the Government Code Section 66016, the cost analysis
and support for a fee or service charge which will be increased pursuant to this Resolution was
available for public review and comment for ten days prior to the public hearing at which this
Resolution was adopted; and
WHEREAS, in accordance with California Government Code Section 66016, at least 14
days prior to the public hearing at which the City Council first considered adoption of the fees
established by this Resolution, notice of the time and place of the hearing was mailed to eligible
interested parties who files written requests with the City for mailed notice of meetings on new
or. increased fees or service charges; and
Resolution No. 2015-139 N.C.S. Page 3
WHEREAS, 10 days advance notice of the public hearing at which this Resolution was
adopted was given by publication in accordance with Section 6062a of the Government Code;
and;
WHEREAS, it is the intention of the City Council to adopt a schedule of fees and
charges, which updates certain existing fees and charges, and/or establishes certain new fees and
charges based on the City's budgeted and projected costs of services; and
WHEREAS, the schedule of fees and the total amounts thereof, described in Exhibit "A"
attached, are hereby determined to be reasonable in that the amounts thereof do not exceed of the
estimated reasonable costs of providing the services for which the charges and fees are made, as
reflected in Exhibit A;
NOW THEREFORE, the City Council of the City of Petaluma resolves as follows:
Section 1. Findings. The following findings are true and correct and adopted as the
findings of the City Council:
A. The purpose of the fees and charges set forth in Exhibit "A" of this Resolution is
to recover up to the full, lawfully recoverable costs incurred by the City in
providing various City services, and such fees and charges not levied for general
revenue purposes.
B. After consideration of the data and information regarding the costs of providing
services relating to all fees and charges subject to this Resolution, including the
Study, all testimony received orally or in writing at or before the noticed public
hearing, the agenda report and the background documents to the agenda report
(together, "Record"), the City Council of the City of Petaluma approves and
adopts the cost analysis contained in the Study and attached as Exhibit A.
C. Adoption of the fees and charges set forth in Exhibit "A" of this Resolution is
intended to recover costs necessary to maintain such services within the City
within existing service areas and is not a "project" within the meaning of the
California Environmental Quality Act ("CEQA") pursuant to 14 California Code
of Regulations ("CEQA Guidelines") section 15378(b)(4) (the creation of
government funding mechanisms or other government fiscal activities which do
not involve any specific commitment to any specific project which may result in a
potentially significant impact on the environment); and/or CEQA Guidelines
section 15273 (statutory exemption for rates, tolls, fares and charges within an
existing service area); and/or CEQA Guidelines section 15061(b)(3) (`common
Resolution No. 2015-139 N.C.S. Page 4
sense' general exception where there is no possibility the activity in question may
have a significant effect on the environment).
E. The Record establishes that the costs listed in the cost analysis for those fees and
charges which are to be increased and/or established as costs incurred by the City
in providing City services are reasonable estimates of the cost of providing such
services, and that the revisions recommended to existing fees for such services are
necessary to recover the reasonable, estimated cost of providing such services.
Section 2. Fee Schedule Adoption and Repeal of Prior Inconsistent Fees and Charges.
The schedule of fees and charges set forth in Exhibit "A," of this Resolution, attached hereto and
incorporated herein by reference, are hereby directed to be computed by, applied by and
collected by the various City departments, for the herein listed services when provided by the
City or its designated contractors.
Section 3. Separate Fee for Each Process. All fees set by this Resolution are for each
identified process; additional fees shall be required for each additional process or service that is
requested or required. Where fees are indicated on a per -unit of measurement basis, the fee is for
each identified unit or portion thereof within the indicated ranges of such units.
• Added Fees and Refunds. Where additional fees need to be charged and collected
for completed staff work, or where a refund of excess deposited monies is due,
and where such charge or refund is ten dollars ($10.00) or less, a charge or refund
need not be made, pursuant to California Government Code Sections 29373.1 and
29375.1 and amendments thereto.
• Deposits Plus Staff Time and Materials. This means that the applicants will be
billed for the full cost of processing the application based on staff time and
materials over and above the amount of the deposit. Staff hourly rate shall be
fully burdened and be determined by regular work rates established by the City of
Petaluma Finance Director for the given fiscal year(s) in which the application is
processed. For applications requesting multiple entitlements, the deposit shall be
the sum of the individual amounts. The City Manager shall have the authority to
modify or waive staff time and material costs when circumstances warrant.
• Flat Fee Applications. This is an application fee that does not include staff time
and materials.
• Full Cost RecoveryApplications. This includes a deposit amount and the actual
costs of the staff time and required materials.
Resolution No. 2015-139 N.C.S. Page 5
Section 4. Interpretation. This Resolution may be interpreted by the several City
department directors in consultation with the City Manager and, should there be a conflict
between two fees, then the lower in dollar amount of the two shall be applied.
Section 5. Use of Fee Revenue. The revenues raised by payment of the fees and charges
established by this Resolution shall be used to fund the estimated reasonable cost of providing
the services for which the fees are charged, and the revenues from such fees and charges shall
not be used for general revenue purposes.
Section 6. Subsequent Analysis and Revision of the Fees. The fees and charges set
herein are adopted and implemented by the City Council in reliance on the Record identified
above. The City may continue to conduct further study and analysis to determine whether the
fees and charges for City services should be revised. When additional information is available,
the City Council may review the fees and charges to determine that the amounts do not exceed
the estimated reasonable cost of providing the services for which the fees and charges are
charged.
Section 7. Annual Adjustment. The fees and charges set forth in Exhibit "A" shall be
adjusted by the City Manager on July 1 st of every year by the percentage increase or decrease in
the Consumer Price Index —All Items Index (San Francisco -Oakland -San Jose).
Section 8. Effective Date. This Resolution shall become effective immediately. In
accordance with Government Code Section 66017, all new and/or increased fees and charges
upon a development project, as defined in Government Code Section 66000, which apply to the
filing, accepting, reviewing, approving, or issuing of an application, permit, or entitlement to use
shall be effective no sooner than 60 days following the effective date of this Resolution. Those
fees and charges upon a development project are identified with an asterisk in the attached
Exhibit A. All other new and/or increased fees and charges not subject to Government Code
Section 66017 that are set forth in Exhibit A shall become effective immediately.
Section 9. Repealer. These fees and charges shall supersede the corresponding fees
previously established and adopted by the City Council. All previously adopted and conflicting
fees and charges and all Resolutions and other actions of the City Council are hereby repealed to
the extent they conflict with the contents of this Resolution. Resolution numbers 2010-206
N.C.S., 2010-070 N.C.S. and 2007-193 N.C.S. are repealed.
Section 10. Severability. The individual fees and charges set forth in Exhibit "A" of this
Resolution and all portions of this Resolution are severable. Should any of the fees or charges or
any portion of this Resolution be adjudged to be invalid and unenforceable by a body of
competent jurisdiction, then the remaining fees, charges and/or Resolution portions shall be and
Resolution No. 2015-139 N.C.S. Page 6
continue in full force and effect, except as to those fees, charges, and/or Resolution portions that
have been adjudged invalid. The City Council of the City of Petaluma hereby declares that it
would have adopted each of the fees and charges set forth in Exhibit "A" of this Resolution, and
this Resolution and each section, subsection, clause, sentence, phrase and other portion thereof,
irrespective of the fact that one or more of the fees, charges, or sections, subsections, clauses,
sentences, phrases or other portions of this Resolution may be held invalid or unconstitutional.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the t Ap owed as to
Council of the City of Petaluma at a Regular meeting on the 10 day of September, rm:
2015, by the following vote:
City Attorney
AYES: Albertson, Barrett, Healy, Kearney, King, Vice Mayor Miller
NOES: None
ABSENT: Mayor Glass
ABSTAIN: None
ATTEST:
City Clerk Vice Mayor
Resolution No. 2015-139 N.C.S. Page 7
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der SF per monthth15G 1 200 SF _....."... �._._. ....... _...
_ _. _
0.44
erSF per month-,15H 979 SF
.�_...._...
$
_...
u
per month- l5N 1 305
._..SF _.
_a _..
0.44
er SF per month-l6A. 17A197 SF
g
er$Fpermonth-168-F&I°.17B-F&1-N-886SF_,,a. u,u,_.
er0.44
SFpermonth�l6G 17G1,1635F
erSFpermonth':16H&0
eox Han er.
39
O-`n
erSFpermonth-10A&G2700SF _
_ _ _
erSFpermonffi-1OB-3;550SF ..._�..m_w.,.—.�...
Executive Hanger.0.39
Clty of Petaluma
9/15/2015 FY 16 Master Fee Schedule
1 of SO