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HomeMy WebLinkAboutAgenda Bill 5.A 07/12/2004MA ) l, CITV nF'PFTALUMA_ CAL11MRNTA �T A y AG ENDA BI � Y � Agenda Title Discussion and. Possible Action Amending Meeting Date: July 12, 2004 Resolution 2004 -028 Regarding _Commercial Mooring Fees. Meeting Time Z 3:00 PM ❑ 7:00 PM Category (check one) ❑ Consent Calendar Public Rearin g . ❑ ❑: ❑New Business Z Unf ni che d Business Presentation Department Director, ContactPers'on Phone Number City Manager Michael Bierman Michael Bierman 778 -4345 Cost of °proposal n/a Account Number Amount Budgeted - Name of Fund: Attachments to Agenda Packet.ltem ': 1. Draft resolution 2. Agenda packet of June 21, .2004 Summary Statement On May ,3, 20.04; when amending the transient mooring fees at the Petaluma Turning Basin, Council received additional citizen complaints, regarding the increases in the commercial mooring, fees. Staff was asked to research comparable information from surrounding cities. Research determined that berthing rates for the. & Francisco/Bay Area marinas,. as of March 2004, ranged from approximately-$3.75 to $12.75 per foot, with the public mean average being $6.34 per foot. Council was scheduled to hear this item on June 21, 2004, but it' was pulled in order to allow the City Manager to tour the commercial docks, which he did on' Tuesday, June 29 along with Public Works Manager Kevin Hornick. As a result of that tour, portions of the dock are now being reinforced as well as a water line being extended. The Petaluma Marina charges $5,.00 per foot per °boat or slip, whichever is greater, with their fees requiring Boating & Waterways approval. While the Marina offers such amenities as private showers/bathrooms, security, locked gates, storage, etc., that are not available at the Turning Basin, it also requires $300,000 of 'liability insurance with the City` _named as an additional insured, which the Turning Basin does not. Some of the boaters who are currently 'paying a monthly fee at the Turning Basin were turned away from the Marina for.lack of insurance. The Council may wish to consider' a commercial mooring -rate of $5.00 per foot, year round, for the Petaluma Turning Basin, which would be comparable to rates' currently charged at the Petaluma Marina. The winter (October ­March) _rate of $4.00 /foot would increase by $1.00, and the summer (April — September) rate of.$8 -.00 /foot w decreased by $3.00. Recommended :City : Council- Action/Suggested Motion Amend Resolution No. 2004 -028 N.C.S. to reflect a modest increase in commercial mooring rates. Re,v4e*ed'by Finance Director: Reviewed b*41tivVitorner 4 t Approved by City Manager Date: 2 'LU Toga 's Date: Revision #,and' evisedc File Co MI i RESOLUTION AMENDING RESOLUTION NO.2004 -028 N.C.S. RELATING TO THE ESTABLISHMENT OF COMMERCIAL FEES FOR MOORING 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 wishes to revise fees for mooring °services from the present schedule as adopted in Resolution No. 2004 -028 N.C.S. • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma does hereby resolve to revise, effective immediately, the commercial mooring fees for the Petaluma Turning Basin follows: Commercial Mooring Fees: $5.00 per foot, year round July 12; 2004. I 4 4 4 Agenda Item Moved t. CITY OF,PETALUMA, CALIFORNIA July 12, 2004 l�eet�ng AGENDA BILL Agenda Title Discussion and Possible Action Amendin _ � Amending Meeting Date: June. 21, 2004 Resolution 2004-028 - Regarding Commercial Mooring Fees. Meeting Time Z 3:00 PM ❑ 7:00 PM Category` (check one) ❑ Consent Calendar ❑ Publie.Hearing ❑ New Business Z Unfinished Business ❑ Presentation - Department Director Contact Person Phone.Number City Manager .Michael Bierman Michael Bierman 778 -4345 Cost of Proposal n/a Account-Number Amount Budgeted Name of Fund: Attachments to Agenda Packet`Item 1. Berthing Rates `for San Francisco Bay Area Marinas dated March 2004 2. Resolution 2004 -028 N.C.S. 3. Draft Resolution Summary. Statement On May 3, 2004 in response to citizen. complaint, the City Council amended Resolution No. 2004 -028 N.C.S, to-decrease the,, transient mooring fees at the Petaluma Turning Basin from the $30.00 approved on March 1, 2004 to $20:00 year round, effective immediately. At the May 3 meeting; " commercial customers at the Turning: Basin complained that the rate increase for commercial vessels from $4.50 to $8.0.0, per foot from April through,September was also too high. Council suspended this rate increase and asked.for additional comparable; information from surrounding cities. Berthing rates for the San Francisco/Bay Area marinas, as of .March. 2004, ranged from approximately $3.75 to $12.75 per foot, with the public mean average being $6.34 per foot. Recommended City' Council Action /Suggested Motion Amend Resolution No. 2004 -028 N.C.S. to reflect a more modest increase in commercial mooring rates. Reviewed by Finance Director: Reviewed by City Attorney Date,' Approved by City Manager Date: Date: Today's Date Revision ,# and Date Revised: File Code: CITY OF' PETALUMA, CALIFORNIA JUNE 21, 2004 AGENDA REPORT FOR THE - DISCUSSION AND POSSIBLE;,ACTION TO AMEND RESOLUTION N0.2004 -028 REGARDING CONnv>ERCIAL BERTHING FEES IN THE TURNING BASIN 2 EXECUTIVE SUMMARY On May 3, 2004, in response to citizen complaint, the City Council amended Resolution - No: 2004 -028 N.C.S. to decrease the transient mooring fees at the Petaluma Turning Basin from the $30:00 approved on March 1, 2004 to $20.00 year round, effective immediately. At the May 3 rd meeting, commercial customers at the Turning Basin complained that the rate increase for commercial vessels from. $4.50 to $8.00 per ,foot from April through September was also too high. Council suspended this rate increase and asked for additional comparable information from surrounding cities. 'From 1981 to 1990, . commercial users of the Turning Basin experienced a „rate increase of $1.75.. Beginning in 2002, the City has tried to. recoup rising maintenance costs through rate increases of the berthing fees. Because of protests by several commercial. boaters,. Council 'lowered the commercial fees in October of 2002. The costs” of labor and materials to repair docks and perform ' routine maintenance, however, have continued to .rise. BACKGROUND The following chart illustrates the recent history of rate increases at Petaluma Turning Basin: Date Resolution October through adopted No.. `March May 4 1981 9144 April 2, 1990 90 -94 July 15, 2002 2002 -114 October 21, 2002 20.02470 March 1, 2004 2004 -028 $1:25 per foot $2:00 per foot $4.00 per foot $3.00 per foot $4.00 per °foot April through September year round $3.00 per foot. $.9.00 per foot $4.50 per foot $8.00 per foot A11. conimeteial'boats .currently'berthed -in the Turning Basin are up -to -date on,payments of their monthly fees., The Marauder, a boat that was delinquent for two years, has been CA evicted from the Turning Basin. The owner currently owes $3;,103.80; which is proving difficult to collect as the owner jived on the boat and has no forwarding address. Berthing rates for the San Francisco/Bay Area • narinas, as of March 2004, ranged from approximately $3.75 to $.12.75 per foot, with the public mean average being $6.34 per foot. 3. ALTERNATIVES a. Retain current fee structure for commercial` vessels at $4.00 per foot (October through March) !and $8.00 per foot (April through.September). b. Reduce the approved fees to the 2002 rate schedule.of $3,.00 per foot (October through March) and $4.5O.per foot (April through. September). G. Compromise the increase to $6.00 per foot year ro und. 4. FINANCIAL IMPACTS The Cost of Services Study adopted on July 15, 2002 .by. the City Council provided the City the ability to recover the: cost of providing. services. Rates retained at the 2002 or earlier levels will not keep pace with 2004 costs, 5. CONCLUSION Recognizing the vitality of the Turning Basin and the current revitalization of the downtown, a compromise is suggested to charge commercial, customers $6.00 per foot year round. This amount would comparable to the average of the San Francisco/Bay Area marinas, and would also simplify the collection�of fees for both the public and staff. The transient fees are currently charged at a flat'rate year'round, and also received a modest increase in. 20,04. 6. ODTCOMES.OR.PERFORMAN.CE MEASUREMENTS THAT W'ILL.IDEN.TIFY SUCCESSOR COMPLETION: The City will recoup; fees to cover the bulk of costs to maintain.the Turning Basin while commercial users will pay a ; modest increase in berthing fees. 7. RECOMMENDATION Adopt a Resolution ,reduce the commercial Turriing Basin -fees `from $4.00 per foot. (Octoberthrough March) and ,$K.00 per foot (April'.through September ) to $6.00 per foot year round effective immediately. June 21 2064 commercial berthing fees /kc S - 19 - 2004 10 PRom 00YOtE POINT MARINA GSO 343 5935 0 r,..w .1/11"N ccAVOY 17 , a CHANNEL 1111pi "Ah Rotel;. for AICHMOND"fACHT CLUB, San Francisco PORTSONbMA 'in 80Y Arm M inas f LADDS! 6:05 March 20D4 WTIN92: MMMM 5,16 L sp,UD POINT m I Magn Average& � 5.20 , PT, SANIPApL ­ 0m 1- 1"4 3A 2 mmW7 5.25 1086 3.86 mWmA2 EMBAR COVE • 1066 3.94 sAN'mANr.*co 1967 4A2 mrsouRom 1988 4.37 NEW GRICOe" rn 1"9 444, 11"o 4.73 19914.96 LAUFNTZEN i992 4.91 SAN LEANDkOL • M '1904 ,FIFTH AVENUE 19955.16 'LOWMIE r m &.00 3 sm BRISBANE E=U- 6.06 1"7 6.33 VALLWO 1908 �5.41 6 18" SA3 BERKELey 20M 5.80 MONTEREY 629 2 1 6.08 qqytfta POINT 629 2002'6.34 203.6.46 t BAIR i6LAN6 2mm 6.70 MOSS LANDINdi HARBOR . ALMEDA W6.42 COyoka DOCKTOWN M. Point 6.29 6 50 - '5 Publlo OYSTER POINT - 6 - Average PORT ORREDWOW,CITY mr . 6,34 6. PILLM FiOWT 6.6 DELTA 6 BQ enicryAno TREASURE ISLAND "C' 2 MARINA in SAY 7X 1 )4 P EmpRYVILLe m° 7 AveragG. 6.90 _ 7.13 PGTW3 OYSTSPI COVE 720 GRANb MARINA m 7 Sp ENIGAV'COVE MARINA VILLAGE JACK LONDON . 8.00 LOCH LOMO?jf) rn SOLINSEAOMHARSOR . 6.07 SANTA CRUZ - m,: PIM W; r. - RICHAR=Y m cca m PELICAN m 12'.75 • Public-orino rnl= MotorMed $2.50 $5.00 S7.60 5I0-00 S12.50 $15.00 Pri-06 per'Serth Foot (as Pr6vided by eoth rharho) 0 r,..w .1/11"N I R esolution Igo. 24;04- 0. C. S,. of the City of Petaluma California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA, CALIFORNIA, ESTABLISHING A SCHEDULE OF FEES' AND' CI ARLES FOR CITY SERVICES AND REPEALING PREVIOUSLY ADOPTED AND CONFLICTING FEE'S 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 recovei�ing the City's actual and reasonable costs to provide such services; and, WI]EREAS, the City engaged Revenue and Cost. Specialists, LLC, to an 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 l l 2002 -( "Cost Report'l - which report is incorporated by reference, as thougliful:l, set forth herein; and WHEREAS, Revenue anal - _Cost Specialists, LLC have updated the Cost Report (Cost Report Revised) with current costs consistent with the City of Petaluma Fiscal Year 2003 -2004 Adopted Budget; arid, . WHEREAS, then Cost Report Revised identifies the actual costs that the City incurs in providing certain City,s,ery ces; and WEIEREAS, the Cost Report Revised recon-innends revising many of the existing fees aid 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 :lot violate Article = D of the '.California Constiiutioil pursuant to A�a� t�ne�it Associaiio» of Los Angeles COU72t ; V. Cite of Los A zgeles (2001) . 24 Cal. 4th -830; and, WHERE 4S, ins accordance with Gov eim -nmt Code 860076, fees that do not exceed the reasonable cost of providin- the service or regulatoryactivity for which the fees are .chai;ged and which are not levied;for general revmue purposes are not special taxes as defined in A� cle .� of the Govenninent Code;., arid, WHEREAS, iii aceordaiace with Goverinnimit Code § 66014, local agency fees for: zoning variances, use penlz ts building iizspectioils, building permits; filing ✓ and processing applications and petitions filed with the local agency foinlatioin comn7ssion or conducting Resolution No. 2004 =,028 N.C.S. a proceedings fled under the °Cortese- Ti'.n.ox Local Government Reorga nizdtion Act of 1985 (Goverrinent Code §56000 er seq.), processing snaps under the Subdivision Map Act (Govei= ei t Code §66410 et seg.), or planning sei7rices shall not exceed the estimated reasonable cost of providing the sern7ice for which the fee is charged; and,. WHEREAS, in acco dance with Government Code §65104,, fees to - port the work of plan=­ agencies shall not exceed the reasonable cost of providing the service for which tile_fee is charged; and, VIHEREAS, in accordance with Government Code §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 adinin.istrat of the specific.plan; and, WHEREAS, in accordance with- Government Code §65909.5, reasonable city 'fees for the processing of use p -, ts, zone variances, or . zone changes shall ,not ,exceed the amount reasonably required to administer the processing of such peizriits, zone variances or changes; and, 'tmmm' 'k5; in accordance with .Government Code §66451.2, reasonable l`oeal agency fees.for the processing of tmtative, final an`d parcel maps shall not exceed the amount reasonably required by the. agency; and, WHEREAS, in accordance with Health and Safety Code §17951, city governing bodies nay prescribe fees for permits, certificates or other documents required or authorized concerning implementation and enforcement of the Cal forma Btdlding Standards Code, and such fees shall not exceed the amount reasonably required to administer. or process those permits, certi.fi'cates or other forms or documents, and shall not be levied for general,revmue purposes; and, WHEREAS; ii! accordance with Health and Safety Code §19132.3, city governii7g bodies may adopt fees for filing building permit applicatidns; and such fees shall not exceed the; amount reasonably required for the local enforcement agency to issue such pei�ro.its, and shall:not be levied for aeneral rev, purposes; and, WHEREAS, in accordance with Health and Safety Code §19852 city governing bodies may prescribe such ;fees as will pay the expenses incurred by the building depa: ment an maintaini=ng the official copy of the plans of buildings for which building pennies have been issued, but such fees shall not exceed the amount reasonably required in maintaining the official . copy of the plans for which :build ing permits have been issued; .and, WIIEPEAS, .fees adopted pu=rsuant to Government Code §660114 65104, 65466, O 65909.5, and 66451.2, and Health and Safety Code §17951, 1913.2.3, and. 19852, are to be unposed pursuant to §66016 of the Govm m-,nt Code, which imposes certain procedural . requirements; and, °.t r �i7EIIEI2 4-S, u7 accordance with the Government Code §66016, the Cost Report Revised was available for public review and conlnlent for ten days prior to the public hearing at which this Resolution was adopted; acid VVHERE.4S, in accordance with Government Code §660`16, at;least 14 days prior to the public Bearing at which this; resoaution was adopted, notice of the ,time and place of the hearing was mailed to eligible interested, parties who filed written requests. Ruth the City for mailed notice of meetings or new or increased fees or service charges; and, NVEIERErkS,, 10 days advance notice of the public, hearing at which this Resolution was adopted was given by publication in accordance with §6062a of, the Government Code; and, FINDINGS WEEEREAS, the City Council of the City of Petaluma. finds as follows; A. The purpose of t11e ;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 zot levied for general revenue purposes, 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 Revised, C. Adoption of the fees and charges set forth in this Resolution is intended to recover costs necessary to maintain such sereices' withi:rz the City. The City currently . provides the services listed in this resolution, 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 Env' onmental Quality Act or C.E.Q.A. (Public Resources Code " §21080(b)(8 )`(D)). D. Iii adopting the fees set forth in this Resolution,, the City Council of the City of Petal'um , is;. ex ercising its powers under Article' XI, Section 6 of the California Constltutioll. E. The Record. establishes that the costs 'listed in the Cost Report Revised as those mcurred by the City in providing City send ces are reasonable estimates of the cost of providing' such services, and that the revIs ons i3a the Cost Report :Revised to existing fees for such services are nec essary to recover the • reasonable, estimated cost of providing such services in accordance with the analyses- contained in the Cost Report Revised. • ADOPTION OF FEES NOW, THEREFORE, the- City Council of the City of Petaluma ,does resolve as follows: Section 1. Fee Schedule Adoption," The ee 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 Depaittnent for the - herein listed,spooial services when provided by the City or its desi_gnAted 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 ran of such units. A. Added Fees .and Refunds, Where additional fees need to be charged and collected for completed staff world, or where a r.efuiid- of excess deposited monies is due and where such charge or refund is ten dollars ($10.00) or,less, a charge or refund deed not made, pursualzt to California Government 'Code §29373.1 "and .25 - 375.1 and amendments thereto. _ ... .. .......... .._...... _..__ - - ... ._ ..... .... B. Deposits 'Phis Staff Time and Materials. This` means that the applicants will be billed for the full cost of processing ,the application based on staff tune (including City - retained consultants ) and m above the amount .of the deposit. Staff materials over and abo hourly rates shall be fully and be detemlined by regular work rates established b burdened y the City of Petaluma Finance Director for the given fiscal year(s) in. which the application is processed. 'For apI `Iic ions requesting inultiple entitlements, the deposit shall be the surn of the individual arnoui ts. The Coniiiaunity bevelopinent Director shall have the authority to modify or waive staff time and material costs when circumstances warrant. C. Flat Fee Applications. T1us is an application fee that does not .include staff time and inaterials. D. Full Cost Recovery Applications; This includes a deposit amount and the actual costs of die staff tine and required materials. Section 3, Ainu.al Cost Ilicreases, The Finance Director shall increase fees as set forth Section 4 on Jul l sc of each July year by the increase ill the Consumer Price Index - All Items Index (Sari Francisco- Oalcland -San Jose). Section 4. Special Service Fees. The fee schedule, as set forth in Exhibit A, shall be charged and collected for the foil "owing enumerated services as indicated on,Ex it A. Section 5. Interpretations. This Resolution may be interpreted by the several City department Beads. 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. M Section 6. Use of Fees Revenue. The revenues raised. by payment of the. fees and charges established by this Res shall be used to fund the estimated reasonable . cost of idi g theservices, for Provi III,:, 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 'cont iiiue to conduct further study and analysi s to - determine whether the fees and charges for City set 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 S. Effective D " ate. This Resolution shall become effective immediately. In accordance with Goverrupent Code §66017; the fees and chatge -established herein shall beeffectiveKdays- from' t effective date of , this Resolution. Section 9. Repeal _T' e, 1 - 1 �se fees and charges shall supersede the correspondiric fees • previously: established :arid' 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. Severabilitt. The individual fees - and. charges set forth in Secti on 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 - miv'alid and unenforceable by a body of competent juinisdiction, then the remaining fees, charges and/or Resolution portions shall be and continue in full force and effect, x c cept as to those fees, charges, and/or Resolution " C portions that have been adjudged invalid. The City C our - icil of City of Petaluma here-by declares that.it would each of the fees and charges set forth in Section 3 of this Resolution, and this,.Resoliltion and. each section, subsection, clause, sentence, p lease ase and other portion !thereof, irrespective of the fact that one or more of the fees, charges, or sections, subsections, clauses, sente-lices, phrases or other portions of this Resolution may beheld invalid or unconstitutional. UnOrjbe power- . authority conferred up ,Q _optbis uncil by the Charter of said City. REFERENCE: I' hereby certify the.foregoing Resolution was introduced and adopted by the. Approved as to Council of th'e City of,Petaluma at a (AegLilhr) (Adjourned) ;(Special) meeting 'o n th - e . ...... JA 1 ............. day of ........ ... . .................. I ........ 20.Q4., by the 77-i.)rL. following vote: MayoT Glass, Hands, Healy, Torhatt Vice Mayoy Moynihan ABSENT: 0'11,r�icll, ThOMP , s ATTEST: 4v ............. .. ........... ....................... City Berk ...................................... ii) Attorney (2 . .. ................................... ........... ...... N 4 RESOLUTION AMENDING RESOLUTION NO. 2004-028 N.C.S. RELATING TO THE ESTABLISHMENT' OF COMMERCIAL FEES FOR MOORING SERVICES WHEREAS, the City Council of the City of Petaluma ( "City") has previously established fees and charges for cCity services, with the intent of recovering the City's actual and reasonable costs to provide such services; and WHEREAS, the City wishes to revise fees for mooring. services from the present schedule as adopted in Resolution No. 2004 -028 N.C& is NOW, THEREFORE, BE IT RESOLVED that the .City Council of the City of Petaluma does hereby resolve revise, effective immediately, the commercial mooring fees for the Petaluma Turning Basin as follows Commercial Mooring Fees: $5.00 per foot, year round July I2 2004