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HomeMy WebLinkAbout02/24/2009, B2 - COST OF SERVICES AND USER FEE STUDY C Cost of Services and User Fee Study Page 3 following is an excerpt from the report on service costs, current fee recovery and proposed fee recovery based on the City's user fee cost recovery policies. Cost Recove Pro ram Cost Relcovery S-urri-mary ----- Cost Recove Revenue Potential At Policy/ Proposed Full Cost Based on Total Cost Current Levels Recovery Policy Police 474,261 318,098 323,096 156,163 4,998 Fire 1,231,346 502,330 811,399 729,016 309,069 Recreation 3,887,755 1,163,930 1,177,514 2,723,825 13,584 Development Review- Planning 1,471,143 986,043 1,452,417 485,100 466,374 Building &Safety 1,549,392 1,049,878 1,549,392 499,514 499,514 Engineering 923,011 528,106 923,011 394,905 394,905 General Government 296,100 258,275 296,100 37,825 37,825 Total General Fund 9,833,008 4,806,660 6,532,929 5,026,348 1,726,269 Water Fund 231,768 179,921 231,768 51,847 51,847 Sewer Fund 89,395 71,744 89,395 17,651 17,651 Total Water&Sewer Funds 321,163 251,665 321,163 69,498 69,498 TOTAL 10,154,171 5,058;325 6,854,092 5,095,846 1,795,767 Note: Given the current construction market, it is likely that increases in development review fees; which total about $1.4 million, will generate less than shown in the table above. Based on mid years estimates,,we estimate that fee revenues would be 67%of this amount($938,000). The complete analysis of cost recovery and other considerations for the City's user fee services are presented by program area in Sections 2 through 6 of the Maximus report; and detailed schedules are provided in the Technical Appendix. Key Changes The study reviews 185 fees. Of these: • 107 are recommended for increase 15 are recommended for decrease • 63 stay the same The following summarizes the key changes from a policy perspective. 1. Building Permits: Change in Methodology. The City currently bases building permit and plan check fees on construction valuation tables published periodically by the building officials' national organization (ICBG). Consequently, the City building and safety fee revenue largely correlates with construction valuation. Based on recommendations from Maximus, the study proposes an alternate method of calculating building-related fees that more accurately links the fee charged to the community and the cost of providing the services. Maximus recommends a methodology "nexus" that builds cost structure based upon establishing time estimates for each phase of project plan check and inspection for each ga -3 Cost of Services and User Fee Study Page 4 building type and size. The result for new construction permits is a unit cost per square foot and in the case of miscellaneous permits and sub-trade items, a cost per unit. The resulting fees are intended to be fair to both the applicant and the jurisdiction—definitive, practical and legal while remaining revenue neutral compared with the prior valuation fee methodology. While the Council may want to consider changing the current policy for full cost recovery from building permit services, it is important that we move to the "nexus" rate structure in ensuring that our fee structure meets State cost recovery guidelines. 2. Engineering Development Review Services. Engineering Development Review provides support to both the Planning and Building functions. The current fee structure does not provide cost recovery for these services, and as such, the study recommends adding a surcharge for these services to be collected at time of building permit issuance. On the other hand, by better allocating costs, the study recommends a significant reduction (about half) in encroachment permits. 3. Fees at less than 100% Cost Recovery. In compliance with its adopted policy, the City has set a number of its fees at less than 100% cost recovery to promote certain policy objectives; for example the community benefits of the program, such as recreation activities; or to encourage regulatory compliance, such as fire and life safety inspections of multi-dwelling properties. These are identified in Section 1. In addition to these, the following fees are recommended for less than 100% cost recovery because they are also fees for services where we want to encourage voluntary compliance or there are community-wide benefits: • Police. Property Return Fee, Massage Technician Permit, Massage Technician Permit Renewal, Taxi Permit and Taxi Permit Renewal. • Building Permits. Water Heater Replacements, Forced Air Unit Replacement, Electrical Service Upgrade (200 amps or less), Photovoltaic Unit Installation (residential only) and Gas Fire Inserts (retrofit from wood-burning fireplaces). 4. Appeal Fees. Included in the group of fees where the City policy is low'or no cost recovery are appeals. Currently, the City's policy is to charge $100 for planning related appeals; and no fee for all other appeals to the Council. The Council may wish to revisit its policy on planning-related appeal fee cost recovery, because the cost of processing appeals is far more than $100. Whatever level is judged appropriate, we recommend that the appeal fee be the same amount for all appeals of staff or advisory body decisions to the Council, not just planning related ones. Appeals of Tree Committee decisions are the most recent examples where significant staff costs have been incurred in processing non-planning appeals and where a modest fee would be appropriate. The fee to file an appeal should be set at a level such that frivolous appeals are discouraged, yet meritorious ones are not discouraged. Staff thinks an appeal fee of $200 — $250 would be appropriate. If City Council indicates an interest in increasing or otherwise modifying appeal fees, staff will return in mid-April with additional information for Council consideration. t3a-} Cost of Services_and User Fee Study Page 5 5. Recreation Fee Designations. As part of this fee study, Parks & Recreation staff reviewed the current fee descriptions and corresponding recovery levels currently approved in the City's fee policies. Staff recommends a small number of changes to the recreation classifications and descriptions in the City's fee recovery policy to more accurately reflect the current environment and practices. These changes are proposed in order to bring the policy into alignment with the current and historic cost recovery levels. Staff reviewed the community-wide versus individual benefits of these programs as well as market price sensitivity and determined that in a few cases there are circumstances that warrant revision of the cost recovery policy. In special events, staff recommends that major community events (such as parades) and departmental events (such as Christmas in the Plaza) be revised from mid range cost recovery to low cost recovery; reflecting the overall community-wide benefits from such events. They are also recommending that the annual Triathlon be set at high rather than mid range cost recovery due to this event being predominately targeted toward adults. and current policy reflects a high cost recovery level for other adult sports. Staff also recommends that childcare be set at mid-range rather than high cost recovery. A complete list of cost recovery levels is provided in Section 4 of the Maximus report. Costs Are Reasonable As noted above, a key element of Maximus' workscope was not only to determine the cost of providing various City services, but also to form an opinion as to the reasonableness of those costs. A fair criticism of many cost studies in setting fees is that they are solely revenue-driven: if revenues are not recovering costs, then the solution must be to increase revenues. However, the problem may not be that revenues are too low, but that costs are too high. The Maximus study concludes that City costs are reasonable. Implementation As noted above, the purpose of this report is to review and discuss the information developed by Maximus: no Council action is recommended at this time. However; as part of our budget-balancing strategy in closing the General Fund $10.4 million gap identified in the five-year fiscal forecast presented to the Council in December 2008, with Council concurrence, recommendations regarding its implementation will be made to the Council in the "Strategic Budget Direction" meeting scheduled for April 14, 2009. We recommend that any fee increases be adopted with the 2009-11 Financial Plan, which is scheduled for June 16, 2009. In most cases, any fee increases adopted at that time would become effective on July 1,, 2009. A key exception includes development review fees: under Government Code Section 66010 (AB1600), increases in these types of fees cannot go into effect until 60 days after their adoption. As such, we recommend that any develop review fee increases become effective September 1,2009. CONCURRENCES All appropriate City departments have been extensively involved in completing the Cost-of- Services Study. In terms of other stakeholders, over 60 organizations and individuals have been ;L—S Cost of Services and User Fee Study Page 6 notified of this first presentation of the Study, including banks, planning consultants, ECOSLO, Residents for Quality Neighborhoods, San Luis Obispo Property Owners Association, the Sierra Club, and the Chamber of Commerce. The notice sent to these stakeholders is provided as Attachment 2. FISCAL IMPACT There are no direct fiscal impacts associated with this review of the study findings. The decision to revise fees based on the City's adopted cost recovery policies should be made in the larger context of the 2009-11 Financial Plan. However, it should be noted that even if the full recommendations of the study relating to the General Fund were implemented (generating an added $1.3 million, after adjusting for decreases in development related fees due to current market conditions), it would represent a modest 12% of the $10.4 million gap facing us. ENCLOSURE 1. Cost of services study prepared by Maximus (hard copy provided to Council and available in City Clerk's office) 2. Public notice G: Cost of Services Study/2008/Council Agenda Report,2-24-09 Attachments - city of gii!U' san tuns oBispo February 17, 2009 Results of Cost of Services Study In accordance with the City's user fee cost recovery policies, the City reviews and updates service charges on an ongoing basis to ensure that they keep pace with changes 'in the cost-of-living as well as changes in service levels and delivery methods. In implementing this policy, the City has adopted a strategy of periodically analyzing all City service costs and related revenues on a comprehensive basis, with interim changes on an annual basis as noted above. The primary purpose of-this comprehensive analysis is to answer four basic questions: ® What does it cost the City to provide various services? ® Are these costs reasonable? ■ What are current cost recovery levels? ® What fee changes are necessary to achieve cost recovery policies? The City has contracted with a nationally-recognized cost accounting firm—Maximus—to help us prepare a comprehensive evaluation of a broad range of City service costs and related revenues, including public safety, development review and recreation services. This review also includes a new fee structure for the City's building permits, moving away from fees based on permit valuation to one based on the specifics of the project, including occupancy type and scale of the project. The results provide us with technically sound cost-of-service information in setting fees in accordance with State guidelines and the City's user policies. In conjunction with the mid-year budget review, we will present the results of this study to the Council on: Tuesday,February 24,2009 7:00 pm (Meeting Start Time) Council Chambers,990 Palm Street Next Steps. No action will be taken by the Council at the February 24 meeting: its purpose is solely to present the results of this study. However, it is likely that recommendations regarding its implementation will be made to the Council as part of the "Strategic Budget Direction meeting scheduled for April 14, 2009. It is likely that any fee increases will be adopted with the budget, which is scheduled for June 16, 2009. In most cases, any fee increases adopted at that time would become effective on July 1,2009. For More Information. As noted above, we will be presenting the results of this study to the Council on February 24,2009. Additionally, upon request, I will be happy to meet with you or your organization at your convenience to discuss this study and the City's user fee policy with you. The study in its entirety is available on the City's web site at: www.slociiy.or finance/reports.asp. Please call me at 781.7125 or email me at bstatler@a,slocitv.org if you have any questions concerning the study or the community review process. Sincerely, �lict%Q+z�' Bill Statler, Director of Finance&Information Technology _ ® The City of San Luis Obispo is committed to including persons with disabilities in all of our services, programs and activities. Telecommunications Device for the Deaf(805)781-7410. FIE -E i lu!IIIIIIIIII���������UI`IIII�� MEETING AGE 1DA a C*"cd MEMORANDUM DATE&z/4,07 ITEMJL Ci of San is Obispo February 24, 2009 #ASD TO: Mayor Romero & Members of the City Council I ErCOUNCIL 2TCDD DIR ff'e*eCITYMI:+C -E'FIN DIR 2'AGA0106srur�mcaC'FIRE_CHI EF FROM: Audrey Hooper, City Clerk(j 4 ff ATTORNEY ErPW DIR ErCLERK/ORIG C'POLICE CHF VIA: Ken Hampian, CAk} ❑ DEPT HEADS C'lREC DIR Q'UTIL DIR �' DIR 2-HR DIR SUBJECT: Appeal Fees �ti „� (�' R� �,. CITY /nG4 Although staff is not recommending any specific action by Council on appeal fees in next Tuesday's Cost of Services report (other than that staff return with recommendations), we have developed a little more information about appeal fees that we would like to pass on at this time. The following is a chart comparing the fees that were charged by San Luis Obispo County cities in 2003 at the time the City first adopted its fee of$100 with what the cities are currently charging: — city 2003 Fees 2009 Fees Arroyo Grande $195 $250 Atascadero $200 $460 Grover Beach $150 $300 Morro Bay (*Originally charged 50% of $250 application fee w/a minimum $120 charge. No charges a flat fee. Paso Robles $100 $200 Pismo Beach $300 $730 San Luis Obispo County (Fees are less for $474 $552 reconsideration of environmental ($404 plus a $148 determinations [$67] and curb/gutter/sidewalk noticing fee.) waiver denials [$73].) Attached is a comparison of Planning Commission appeal fees obtained through the City Clerk's ListServe. While this comparison was made in August of 2007, it is unlikely that the fees listed would have decreased since the comparison was made. This comparison reveals that San Luis Obispo's fees were considerably lower than the majority of cities which are included in the survey. Given this information, when staff returns in April, we are likely to recommend that Council consider adoption of a $250 appeal fee and also extend the appeal fee to Tree Committee appeals as well. (In 2008, the City received a total of nine appeals. Six of those were for Tree Committee actions.) GACity Clerk Agenda Reports-General Correspondence\02-24-09 Red File Appeal Fees.doc I w' COMPARISON OF PLANNING COMMISSION APPEAL FEES AS OF 8/27/07 City Fee Comments Alban $340 Anaheim $350 both PC and Zoning Administrator items Arroyo Grande $240 Atherton $750 Bakersfield $675 includes advertising,staff time, mailed notice effective FY 07-08; previous fee was 301.60for first single appellant and$134.20 for each additional appellant-, BH did a huge fee recovery study last year and new fees started 07-01 Beverly Hills $4,730 07 Brentwood $118 use a universal form that needs to be filed along with the appeal fee Ceres $507 for a PC decision appeal Chino $2,527 Chino Hills $1,200 no fee if two Councilmembers call an item up for review Citrus Heights $250 if Council wants to review the project based on PC's determination and within the time Costa Mesa $1,070 frame allowed for an appeal 7 days),they can call it forward and the appeal fee is waived Councilmembers are exempt from paying fees; covers cost of mailing notices to a 300 foot Cupertino $156 radius Dana Point $250 SFR Dana Point $500 multi-unit dwellings Unfortunately,we have tried to raise this a few times to bring it to a level more equal to what it costs to process, but the Council's view is that they did not want the appeal fee to Delmar $100 interfere with someone's ability to file. Downey formula 50%of the application fee that was paid to the Planning Department Duarte $0 no fee to appeal a PC decision to appeal discretionary action of PC (or other commission relating to land use)-based on cost of publication, mail notifications, and other costs involved with bringing the appeal to Eureka $590 Council Femdale formula same as original application fee Fort Bra $900 Fountain Valle $800 $800 for residents; $1,800 for others Fremont $50 Fresno $0 Glendora $2,000 City Clerk, Fountain Valle Hercules $500 administrative staff appeal (application item minimum 5 staff hours included Hercules $1,500 PC appeal-SF residential (application item minimum 19 staff hours included Hercules $2,500 PC appeal-other than SF residential (application item minimum 31 staff hours included Hercules $2,500 Council appeal-exclusive) residential (application item minimum 31 staff hours included Council appeal-non-residential or mixed-use(application item minimum 31 staff hours Hercules $2,500 included Irvine $245 Jackson $200 Lafayette formula 50%of initial fee Laguna Beach $620 Lakeport 150 Lakewood $300 Lancaster $700 Lathrop $555 Lawndale $350 may change after completion of cornrehensive fee stud City Fee Comments Loma Linda $100 for an owner of a SFR Loma Linda $815 for all non SFR Los Altos formula $500 to$1,500 depending on the noticing requirements Mill Valle $250 Milpitas $100 Monterey $140 other appeal fees are dependent on the kind of decision board or staff) Morgan Hill $2,530 Commission and Board decision appeal fee Newark $100' Newport Beach $340 Novato $100 Oakley $85 minorappeal;appeal fee for non-appellant Oakley $7,185 regular aeal-this is a deposit; appellant is billed at time and materials Orinda $455 nonadvertised administrative approval/denial appeals(deposit only);final billing will include Paradise $75 staff time plus actual costs i.e. publication, postage, supplies and copies advertised approval/denial appeals (deposit);final billing will include staff time plus actual Paradise $140 costs i.e. publication, postage, supplies and copies Pico Rivera $175 for SFR, owner occupied; $1,735 for all others Pinole $100 Pittsburg $50 Placentia $65 Rancho Cordova $3,376 Councilmembers are exempt from paying fees if they want to contest PC decision Riverside $286 administrative cases; appeal of a Zoning Administrator decision Riverside $1,232 appeal of ALUC at City Council hearing Roseville $319 PC or Design Review Committee appeal Roseville $341 appeal of Planning Director's decision Salinas $57 for SF home Salinas $600 for all other appeals except SF home San Dimas $100 if Council appeals,there is no fee San Juan Capistrano $100 San Leandro $260 for PC or Board of Zoning Adjustments decision appeal San Luis Obispo $100 San Marino $150 San Ramon $350 Santa Barbara $360 based on actual costs for staff time to prepare the material for Council consideration; if Santa Clarita $2,190 appellant resides within 500 ft of theproject;the fee is reduced 50% Santa Maria $277 Santa Monica $406.37 Sebastopol $150 Signal Hill $315 Stockton $372.10 Tracy $276 Truckee $504 Vacaville formula 25%of original application fee; not less than $28 or more than$218 Vista $500 if Council appeals,there is no fee West Sacramento 50-100 Wheatland $50 Woodside $400 for Zoning and Design Review Board appeals; may be higher based on evaluation of staff Yountville $500 time to respond to the appeal Yuba Ci $620 rev. 08-28-07