Loading...
HomeMy WebLinkAboutAgenda Bill 4.A 03/01/20044 CITY OF PETALUMA, CALIFORNIA AGENDA BILL l ik March 1, 2004 Agenda Title Meeting Date: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF March 1, 2004 PETALUMA, CALIFORNIA ESTABL''ISHING A SCHEDUMOF''FEES' AND CHARGES FOR CITY SERVICES AND REPEALING PREVIOUSLY Vleeting•Time ❑ 3 :00 PM ADOPTED AND CONFLICTING FEES AND CHARGES FOR SUCH 7:00 PM SERVICES Category (check one) ® Public Hearing ❑ New Business Consent Calendar ❑ Unfinished Business ❑, Presentation Department Director Contact Person Phone Number Finance W. Thomas W. Thomas 778 -4323 Cost of Proposal Not Applicable Account Number N/A Amount Budgeted Not applicable Name of Fund: N/A Attachments to Agenda P:ackalten- 1. Resolution Establishing Fees for Services for the City 2. Exhibit A to the Resolution —The Fee Schedule ' 3. Other attachments as outlined Lin the body of the report 4., NOTE: THE ACTUAL COST OF SERVICE STUDY WILL BE' ON FILE IN THE FINANCE DEPARTMENT Summary Statement The City contracted with Revenue ,and Cost ,Specialists (RCS) in 200110 provide a "Cost of Service Study" for the City. This study provided detailed information on each of the ;services that the City provides and the cost of providin g. that'`particular: service. As a result of that study, thet City Council approved a fee schedule on July 15, 20,02, (Resolution No. 2002 -114 N.C.S.). That fee schedule has been in effect since that time. The study also:,provided the City the, ability to update the cost of services on an annual basis, based on the . cost of providing =that. service, Finance along with the assistance of RCS has ,recently completed that update. That update provided documentation that the City's fee structure required revision, based on the: increase cost of'providingthese services. This resolution provides for, those recornmended increases. Recommended City Council Action /Suggested Motion Adopt the resolution'approving the new fee schedule. Reviewed by Finance Director: Reviewed by City Attorney Date: A ro e _Ci _ Manager. Date: Date: Today's Date Revision # and Date Revised: File Code: # February 24, 2004 s CITY OF PETALUMA, CALIFORNIA .MARCH 1, 2004 • AGENDA REPORT FOR. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES AND•REPEALINQPREVIOUSLY ADOPTED AND CONFLICTING FEES AND CHARGES, FOR SUCH SERVICES 1. EXECUTIVE,SUMMARY The City contracted with Revenue and Cost Specialists (RCS) in 2001 to provide a "Cost of Service Study" for the City. This study provided detailed information on each of the services that the City provides and the cost of providing that particular service. As a result -of that study, the City 'Council approved a fee schedule on July 1.5, 2002 (Resolution No. 2002 -114 N.C.S'.). That fee schedule has been in effect since that time. The study also provided the City the ability to update the cost of services on an annual basis, based on the cost of providing that service. Finance along with the :assistance of RCS has recently completed that update. That update provided documentation that the City's fee: structure required revision, based on the increase cost of providing these services. This resolution provides for those recommended increases., 2. BACKGROUND As indicated above,.the.City contracted. with RCS (Rick Kermer) who produced the Cost of Service Report (the " Kermer" report) in January of 2002.. After numerous public hearings and workshops the Council agreed to W crease fees. These fees were a combination of the fee recommended in the Kermer report and fees based on e understanding that the City's General Fund would subsidize the cosf.ofproviding certain services. In the latter case, the fee was less than what the cost to the City was.but determined to be of value to the community. The maj ority'of those fees were for services offered by the Parks and. Recreation::Department and certain services ,that were ,provided by the Public Safety departments. Full costrecovery was; generally associated with development related services provided by the'Community Development Department. The initial contract with RCS also .provided software that allows the City to update the cost study by utilizing new cost data Although the City has this software, we opted to. contactwith;RCS to update the study due to time constraints and staffing in Finance.. "The study has now been updated and is available in the Finance Department for review. Based on that report, the fees have been,revised to reflect the current costs of providing the servic onal programs have been adjusted based on previous Council direction. Attachment 1 to this report provides a comparison of existing fees to the recommended fees. es r As can be seen from that attachment, the fees for Park and Recreation services, in most cases, are not being increased "from current levels, exceptfor those previously authorized. Exceptions to that rule include the following: • Fees for special events` have been increased from $145 to $160 per booth • Fees for'the Swim Team rental has increase from $2,000 per month to $3,000_per month based on previous Council direction: • Youth programs have been changed from $2.00 per unit to a flatfee Park icnicrental has.b based on the program. p een expanded to include different fees for non - profits, residents, etc. The fees were lowered overall since the previous fee level was resulting in the parks not being utilized. The proposed fee brings it 'more in line with what the market will bear. Fees for ambulance services are being included in the fee resolution for the first time. The last time fees were adjusted for ambulance services were in 1992 (Resolution No. 92 -207 N.C.S.). Obviously since that time, the costs for providing ambulance services has increased as the main cost of this service are labor related. Fees are ' being adjusted based on, a study of the rate structures of the neighboring fire departments and fire districts. The background for these fee increases is provided in an internal memo from the ambulance billing contractor and the Petaluma Fire' Department. That -nation is attached to this report and provides additional infor on the levels of ambulance services that are provided. The resolution includes a. fee to accept credit ,cards for payment of any City bill. As you are aware, when the City accepts a credit card. for payment, the City isjequired to pay our bank a fee to process the transaction. The rate that is charged is negotiable but currently is 1.7 %0 of the transaction fee. Additionally the City is required to pay $0.17 authorization fee and $0 -.01 AVS' local authorization fee. Additional costs include a $2.00 . statement fee. It is recommended that a 2.5% surcharge be added;to all credit card transactions.to reimburse the City for these costs. Currently, either the credit card processing fee is being paid from General Fund.,revenues or are being passed on to all ratepayers . It is considered�more equitable to charge those who choose to use credit cards for payments. The resolution also includes.an increase of the handicapped parking fine from $275 to $600. Current California Vehicle Code .(4.461 [d]) provides the authority for cities, , to impose a fine from $250 to $1,000 for the violation of parking in a handicapped space without a valid permit. Vehicle Code section 4461..3 provides theL authority for a City to assess an.addit onal penalty of $100 in addition to the fine imposed by 4461(0): This additional. fine is to pay for a new disabled parking enforcement program. The City intends to create a new disabled parking enforcement program utilizing handicapped citizens in.FY 2005. As mentioned above, a comparison of the current fee structure and the recommended fee structure (as provided in the proposed resolution) is, provided as Attachment 41 to this report. Also -attached to thi`s:report are "the. following documents: ❑ . Attachment #2: California Motor Vehicle Code, Sections 4461 and 4461.3 ❑ Attachment #3: Me mo from Animal Services ; regarding fees u. Attac hment #4 Parks and. Recreation — Description of Fees for the' rental. of the Community :Center • Attachment #5: Resolution ,No: 92 =207 — Establishing for ambulance services • Attachment #6: Internal memo from the ambulance billing- contractor to the Fire Department ❑ Attachment #7 Summary of Unit Revenues,- Costs and Subsidies — FY 2004 (Cost of Service Study) The proposed resolution also includes an escalator clause that °will increase the fees each July by the Consumer Price Index (CPI) - All Consumers —'San Francisco /San Jose /Oakland area. This will provide the annual increase of the fees at the beginning of each fiscal year. However, _this is considered to be' interim measure. It is our intent to bring back to Council in FY 2005, an ordinance that would establish a. level of "subsidy" for each service. That subsidy level would then applied to the actual cost of the service during the annual cost of service study updates. 3. ALTERNATIVES Alternatives'include reducing.fees from the proposed levels and /or leaving fees at the current levels. The Council cannot increase ; fees, over the cost. of the providing the service (i.e.) the fees as. shown on Attachment #6. 3 Fee FINANCIAL IMPACTS Fee for services that are covered in the proposed resolution currently account, for approximately 9.7% of the total: General. Fund revenues. Fees for ambulance, service account, for all of the revenues that are used to offset e costs of providing this serv>ce. This activity generates approximately $2 million a year in revenue. Fines �Irorn;parking violations, including disabled parking violations generate approximately $1 per year to support the parking enforcement activity. Increasing these fees to the recommended levels will ensure that all of our vital General Fund resources are not being used to subsidy services that are expected to be self - sufficient. For example, if the City does not generate sufficient revenues for ambulance services, the shortfall would be made up from General Fund sources, This is the case with all of the proposed fees; therefore, it is incumbent to keep the fee schedule structure in line with the actual costs of delivering those services. 5. CONCLUSION As indicated above, the City's inability to recover costs associated. with providing certain services result in the diversion of resources away from those services, which can only be supported with tax revenues. Doing so . effectively lowers the level of those tax- financed services, thereby diverting tax monies to persons and groups which the City Council may not wish to subsidize with tax monies. The City has made major strides in identifying and resolving this situation and it is necessary to continue to keep service fees at or near the levels that are identified in the Cost of Service report. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS' THAT WILL I °DENTIFY SUCCESS OR COMPLETION: The approval of this resolution will result. in the fee structure that is approved. become operational in 60 days. 7. RECOMMENDATION Adopt the.resolution approving the recommended service fees. g: /forms /2003 agenda bill 0 „- • A RESOLUTION OF THK CITY COUNCIL'OF THE CITY.OF PETALUMA, CALIFORNIA, `ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES AND REPEALING 'PREVIOUSLY ADOPTED' AND .CONFLICTING 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 recoveringthe.City's actual and reasonable costs to provide such services; and WHEREAS, the City engaged Revenue and Cost Specialists, LLC, to analyze whether the existing fees and charges 'serve to recover the City's full ,costs of providing such services to the extent the City may lawfully recover such costs; and WHEREAS, Revenue and Cost Specialists, LLC have prepared a report entitled "Cost of Services Study for the City_ of Petaluma" dated January 11, 2002 ( "Cost Report"), which report is incorporated by reference as though fully set forth herein; and WHEREAS, Revenue and Cost :Specialists, LLC have updated the Cost Report (Cost Report 2004) with current costs consistent with the City of Petaluma Fiscal Year 2003 — 2004 Adopted Budget; and • WHEREAS, the Cost Report 2004- identifies the actual costs that the City incurs in providing certain City services; and WHEREAS, the Cost. Report 2004 recommends revising many of the existing fees and charges previously established by the City to recover the full, lawfully - recoverable costs incurred by the City in providing City services; and WHEREAS, the fees and charges set forth in the schedule of 'fees and charges adopted by this resolution do: not violate Article XIII D of the California Constitution pursuant to Apartment Association of Los Angeles County v. City of Los Angeles (2001) - 24 Cal., 4th 830. WHEREAS, in.accordance` with Government Code Section 50076, fees 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 6,6014, 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 ei seg.), 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 WHEREAS, in accordance with Government Code Secti6n.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 660,14, 65104, 65456, 65909.5; and 66451'.2, and Health. and Safety. Code Sections 17951, 19132.3, and 19852, we to be "imposed pursuant to Section„ 66016 of the Goverrinient Code; which imposes certain procedural requirements; and WHEREAS, in accordance with the Government Code 66016, the Cost Report 2004 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 Government Code 660.16, at least 14 days prior to the public hearing at which this - resolution was adopted, notice of the time and' place of the hearing was mailed to eligible interested parties who filed written requests with the City for eligible interested parties who, filed written: requests with the City for mailed` notice of meetings or new or increased fees or service charges; and 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 FINDINGS WHEREAS, the City Council of the City of Petaluma finds as follows: A. The, purpose of the fees and. charges set forth'.in Section 4 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 Cost, Report 2004, the testimony 'received at this noticed public hearing, the agenda report, ., the background documents to the agenda. report, and all correspondence received (together, "Record "), the City Council of the City of Petaluma approves and adopts the Cost Report 2604. C. Adoption of the fees and charges set forth in this Resolution is intended to recover costs necessary to maintain such services within the. City. The City currently provides the services listed in this resolution, to project applicants, and the fees set forth in this Resolution will be used to maintain current service levels. As such, :such fees as they relate to., provision of development related services within. the City are not a "project" within. the meaning of the California Environmental Quality Act or C.E.Q.A. (Public Resources Code § 21080(b)(8)(D)). D. In adopting the fees set forth in this Resolution, the City Council of the City of Petaluma is exercising its powers under Article XI, Section 5 of the California Constitution. E. The Record establishes that the costs fisted. in the Cost Report 2004 as those incurred by the City in providing City services are reasonable estimates of the cost of providing such services, and that the revisions recommended in the Cost Report -2004 to existing fees for such services are necessary to recover the reasonable, estimated cost of providing such services in accordance with the'analyses contained in the Cost Report 2004, ADOPTION OF FEES NOW, "THEREFORE, the City Council of the City of Petaluma does resolve as follows: Section 1 Fee Schedule ,Adoption. The fee schedule (Exhibit A) lists fees and charges set forth are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Finance Department for the herein listed special services when provided by the City or its designated contractors. Section 2. Separate Fee for Each Process. All fees set by this resolutiori'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 onportion thereof within the indicated ranges of such units. A. 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. B. 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 (including. City-retained consultants) and materials over and above the amount the deposit.. .Staff hourly rates 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 .Community Development ; Director ;shall have the authority to modify or waive staff 'time and material costs when circumstances warrant. C. Flat Fee Applications. This is an application 'fee that does not include staff :time; and materials. D. Full Cost Recovery Applications, *: This includes a deposit amount and , the actual costs of the staff "time and required materials. Section 3. Annual Cost Increases. The Finance Director shall increase1ees as set forth in Section 4 on July lst of each year by the increase in the Consumer Price Index - All Items Index (San Francisco- Oakland -San Jose). Section 4. Special Service Fees. The fee schedule, as ,set forth in Exhibit A, shall be charged and collected for the following enumerated services as indicatedon Exhibit A. Section 5-., Interpretations. This Resolution may be interpreted by the several City department heads 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 6. Use of Fees Revenue. The revenues raised by payment of the, fees.and'eharges established by this Resolution shall be used to fund thei 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.. M Section 'T Subsequent Analysis and Revision of the- Fees. The fees and .charges set herein • are adopted and .implemented by the. City Council in r'el'iance 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 8. Effective Date. Thi's Resolution shall become effective immediately. In accordance with Government Code Section. 66017, the fees and charges established herein shall be effective 60 days from the effective date of this Resolution. Section 9. Repealer._These fees and charges shall supersede the corresponding fees previously established andi adopted by the City ,Council. All .resolutions and other actions of the City Council in conflict with the contents, of this Resolution are hereby repealed. Section 10. Severability. The individual fees and charges set forth in Section 4 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 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 :declare& that it would have adopted each of the fees and charges set forth in Section 3 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. LJ OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA ES ' BLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES AND REPEALING PREVIOUSLY ADOPTED AND CONFLICTING 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_ -the City's actual and reasonable costs to provide such services; and . WHEREAS, the City engaged. Revenue and Cost Specialists LLC,, to analyze whether the existing fees and charges serve to .recover the City's fall costs of providing such services to the extent the City may lawfully recover such costs; and WHEREAS, Revenue and Cost Specialists, LLC have prepared a report entitled "Cost of Services Study for the City of Petaluma" dated January l'1, 2002 ( "Cost Report"), which report is incorporated by reference as though _fully set forth herein; and WHEREAS Revenue. and Cost Specialists; LLC 'have updated "the Cost Report (Cost Report 2004) with current costs consistent with the City of Petaluma Fiscal Year 2003 — 2004 Adopted Budget; and WHEREAS, the Cost Report 2004 identifies the actual costs that the City incurs in providing certain City services; and WHEREAS, the Cost Report 2004 .recomimends revising many of'the existing fees and charges previously established by. the City to recover the full, lawfully - recoverable costs incurred by the City in providing City services; and WHEREAS, the fees and charges set forth in the schedule of fees and charges adopted by this resolution do not violate Article XIlT D of the California Constitution pursuant to Apartment Association of Los Angeles County v: Ciiy,of Los Angeles (2001) 24 Cal. 4th 830. WHEREAS, in accordance with Government Code Section 50076 fees 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 n special taxes as defined in Article 3.5 of 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 "§ '55000 et seq. ), processing maps under the Subdivision Map Act (Government Code § 664:1.0 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 Isuclifees shall,, ;in the' aggregate defray but not exceed. the cost of preparation, adoption and administration of the specific plan; and 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 concern ing implementation and enforcement of the. California Building .Standards Code, and such fees shall 0 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 WHE'REAS', fees adopted pursuant to Government Code Sections 6'6014, 65104, :65456, 6'5909,.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; and r WHEREAS, in accordance with the Government Code 66016, the Cost Report 200„4; 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 Government Code 66016, at least 14 days prior to the public hearing at which this resolution was adopted, notice of the time and place of the hearing was mailed to eligible interested parties who filed written requests with the City for eligible interested parties who filed written requests: with the City for mailed notice of meetings or new or increased fees or service charges; and 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 FINDINGS WHEREAS, the City Council of the City of Petaluma finds as follows: A. The purpose of the fees and charges set forth in Section 4 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 Cost Report 2004, the testimony received at this noticed public hearing, the agenda report, the background documents to the agenda report, and all correspondence received (together, "Record "), the City Council of the City of Petaluma approves and adopts the Cost Report 2004. C. Adoption of the fees and charges set forth in -this Resolution is intended to recover costs necessary to maintain such services within the City. The City currently provides the services listed'in this resolution, to project applicants, and the fees set forth in this Resolution will be used to maintain current service levels. As such, such fees as they relate to provision of development related services within the City are not a "project" within the meaning of the California Environmental. Quality Act or C.E.Q.A. (Public Resources Code § 21080(b)(8)(D)). D. In adopting the fees set forth in this Resolution, the City Council of the City of Petaluma is exercising its powers under Article XI, Section 5 of the California Constitution. E. The Record establishes that the costs listed in the Cost Report 2004 as those incurred by the City in providing City services are reasonable estimates of the cost of providing such services, and that the revisions recommended in the Cost Report 2004 to existing fees for such services are necessary to recover the reasonable, estimated cost of providing such services in accordance with the analyses contained in the Cost Report 2004. ADOPTION OF FEES NOW, THEREFORE, the City Council of the City of Petaluma does resolve as follows: Section 1. Fee Schedule Adoption. The fee schedule (Exhibit A) lists fees and charges set forth are hereby directed to be computed by and applied by the various City departments, and to be collected by the City Finance Department for the herein listed-special services when provided by the City or its designated contractors. Section 2. 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. A. 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 Section_ s 29373.1 and 29375.1 and amendments thereto. B. 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 (including City- retained consultants) and materials over and above the amount of the deposit. Staff hourly rates 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 Community Development Director shall have the authority to modify or waive staff time and material costs when circumstances warrant. C. Flat Fee Applications This is an application fee that does not 'include staff time and materials. D. Full Cost Recovery Applications This includes a deposit amount and the actual costs of the staff time and. required Section 3. Annual Cost Increases. The Finance Director shall increase fees as set forth in Section 4 on July 1 St of each year by the percentage increase in the Consumer Price Index — All Items Index (San Francisco - Oakland -San Jose) for the period ending May of each year. Section 4. Special Service Fees. The fee schedule, as set forth in Exhibit A, shall be charged and collected'for the following enumerated services as indicated on Exhibit A. Section 5. Interpretations. This Resolution may be interpreted by the several. City department heads 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 6. Use of Fees 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 7. 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 8. Effective Date. This Resolution shall become 'effective immediately. In accordance with Government Code Section 66017, the fees and charges established herein shall be effective 60 days from the effective date of Resolution. Section 9. Repealer.—These fees and charges shall supersede the corresponding fees previously established and adopted by the City Council. All resolutions and other actions of the City Council in conflict with the contents of this Resolution are hereby repealed. Section 10. Severablity. The individual fees and charges set forth in Section 4 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 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 Section 3 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.