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Home My WebLink About06/03/2008, C2 - RESOLUTION AUTHORIZING THE COUNTY'S COLLECTION OF FIRE AND LIFE SAFETY INSPECTION FEES council Wee,°°p ,y�JeJune 3 2008 Agenba poRt Item Num6r z CITY OF SAN LUIS OBISPO (J FROM: John Callahan, Fire Chief Prepared By: Rodger Maggio, Fire Marshal SUBJECT: RESOLUTION AUTHORIZING THE COUNTY'S COLLECTION OF FIRE AND LIFE SAFETY INSPECTION FEES CAO RECOMMENDATION Adopt a resolution enabling the continued collection of multi-dwelling property fire and life safety inspection fees via the secured property tax roll administered by the County. DISCUSSION In May 2005, the Council approved a cost recovery program for State-mandated fire and life safety inspections for multi-dwelling properties with three or more units. As part of this program, on June 7, 2005, the Council adopted Ordinance No. 1472 authorizing the collection of annual fees for these inspections through the secured County property tax roll as the most cost efficient method for fee collection. In April, 2007, the Council approved a reduction in fees for apartment buildings, as reflected in Exhibit A to the attached resolution. Staff is not recommending any further changes in the current fees for 2008-09. However, the County requires an annual resolution adopted by the Council authorizing the continued collection of these fees on the property tax roll. Staff is recommending that the fee collection continue to be done through the secured property tax roll in 2008-09 and is requesting that Council adopt the required resolution to authorize that collection. CONCURRENCES Finance& Information Technology Department concurs with the recommendation. FISCAL IMPACT In fiscal year 2008-09, the City is scheduled to collect $188,335, which is $790 less than last year. This difference is due to continual adjustments of the original data and changes in the usage of the various properties. ALTERNATIVES Do not adopt the resolution and go to a less cost effective billing system by the Finance Division. C 2._/ Multi-Dwelling Property Fire and Life Safety Inspection Program Fees Page 2 ATTACHMENT Resolution G/Prevent/Rental Inspection Program/CAR/CAR Multi-Dwelling Program Fees 6-3-08 AI`ACHMEWT RESOLUTION NO. (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING COLLECTION OF FEES FOR 2008-09 FIRE AND LIFE SAFETY INSPECTIONS OF MULTI-DWELLING PROPERTIES CONTAINING THREE OR MORE DWELLING UNITS ON THE SECURED PROPERTY TAX ROLL WHEREAS,the City of San Luis Obispo is required by California Health & Safety Code Section 17921 annually to inspect multi-dwelling properties containing three or more dwelling units, including apartments, certain residential condominiums,hotels, motels, lodging houses and congregate residences; and WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge property owners in recovering the reasonable costs of providing these annual inspections; and WHEREAS, in accordance with this policy, the Council adopted Resolution Nos. 9799 (2006 Series) and 9889 (2007 Series) updating the master fee schedule, as specifically set forth in "Exhibit A" hereto, and authorizing the collection of these fees on the secured property tax roll; and WHEREAS, the Council desires to continue collection of these fees on the secured property tax roll for 2008-09: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that pursuant to California Health & Safety Code Section 13146.2(b) and Municipal Code Section 3.50, the Council hereby authorizes and directs that Fire and Life Safety Inspection fees shall be collected on the secured property tax roll for fiscal year 2008-09. A listing of fees by assessor's parcel number shall be provided to the County Auditor-Controller for collection on the 2008-09 secured property tax roll in accordance with their schedule and data format requirements. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted on June 3, 2008. Mayor David F. Romero ATTEST: ATTACHMENT Resolution No. (2008 Series) Page 2 ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: J nathan P. owell, City Attorney Resolution No. (2008 Series) Page 3 EXHIBIT A Multi-Dwelling Fire and Life Safety Inspection Fee Schedule Apartment Houses $28.00 per unit per year Administrative fee of$65.00 per year per facility $10,000 maximum per property Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing Authority, other governmental agencies or not-for-profit housing organizations. Hotels, Motels,Lodging Houses, Bed & Breakfast Facilities, Youth Hostel Facilities, Senior Facilities, Sororities,Fraternities and Other Congregate Residences 1 to 30 units $200 per year per facility 31 to 80 units $300 per year per facility More than 80 units $400 per year per facility These fees are applicable to all multi-dwelling units in the City based on the following definitions as set forth in the 2007 California Building Code, Chapters 2 and 3. Apartment house is a residential occupancy containing more than two dwelling units where the occupants are primarily permanent in nature. Congregate residence is any building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels, or lodging houses. Dwelling unit is a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. Hotel or Motel is any building containing six or more guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or.which are occupied for sleeping purposes by guests. Lodging house is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed & breakfast facilities and hostels, but excludes single family dwellings). - 1*gtly , .� From: Devin Gallagher [mailtcrrubybay@mac.com] -- &PCOUNCIL TCDD DIR P CAO Sent: Tuesday, May 27, 2008 2:35 PM AAO �FIN DIR To: Statler, sill RECEIVED � FIRE CHIEF ATTORNEY 3 PW DIR Cc: Astrid Gallagher; Mike McNamara t f CLERK/ORIG POLICE CHF Subject: Safety Inspection Fees �QY 2 8 2GG;3 El DEPT HEADS REC DIR UTIL DIR Dear Mr Statler, SLO CITY CLERK -- P., HR DIR ,p ceoue-,.X- I object to the fees being added to my tax bill for Safety Inspection fees. " e,*o 1 0 1 would appreciate if you could provide an audit of the expenses attributed to this fee. It is difficult to see how a 30 minute walkthrough on a property justifies a$431 expense. Further, there is an insignificant difference in the amount of inspection work at a three plex and a thirteen plex. It would seem as if the Fire Department is utilizing this fee as a new source of funding and charging unjustified expenses to it. The fees are out of line with services delivered. Consideration should be given to outsourcing the provision of this service and the cost to the perceived cost to the end beneficiary. Who benefits? The resident, the property owner, or all city residents through the fire department and the cost/benefit of providing general services. There is no justification for public housing to be excluded from payment of a service which they utilize. In fact, an audit of safety inspection at public housing units may likely indicate that they are a greater risk and require more inspections. Excluding public housing units is.a underhanded tax. The justification for the safety inspection fees is based on "user pays". If only some users pay and the other users are subsidized then the premise of"user pays" charges are not defensible. If the City wants to subsidize public housing units then it needs to be funded under the public housing budget not the fire department budget. Owners and tenants providing and occupying multi unit housing are not in a position to subsidize the the Fire Department and City supported public housing. Individuals in any rental housing are rarely in the top tier income bracket. Increasing the costs of multi unit rental housing to the benefit of those with a greater ability to pay contavenes the City's stated long term housing objectives to increase urban density and decrease sprawl. Presumably fire safety inspections were intended to capture aged buildings with the greatest amount of risk yet San Luis Obispo's single family and duplex housing stock is excluded. If fire safety inspections are justified then they should be done for ALL properties. It is difficult to justify a safety inspection fee on a relatively new apartment (with sprinklers and metal furniture on the porch) adjacent to a decrepit house with an overstuffed couch on the front porch. The basis of"user pays" fees are a legitimate public policy however, there is an increased obligation toprovide fairness and opacity in justifying the costs of the tax. And there is an obligation to use an even hand in distributing "the services" between the targeted recipients. I look forward to your response and request that you consider my correspondence as a submission in opposition to the renewal of these fees. With Regards RED FILE Devin Gallagher MEETING AGENDA DATE Y 3 v EM # r✓�