HomeMy WebLinkAbout07-12-2016 Item 13 Resolution Authorizing the Countys collection of Fire and Life Safety Inspection Fees for 2015-16 on secured property tax roll 2016-17
Meeting Date: 7/12/2016
FROM: Derek Johnson, Assistant City Manager/Interim Finance and IT Director
Prepared By: Marjorie Hernandez, Supervising Accounting Assistant
SUBJECT: RESOLUTION AUTHORIZING THE COUNTY’S COLLECTION OF FIRE
AND LIFE SAFETY INSPECTION FEES FOR 2015-16 ON THE SECURED
PROPERTY TAX ROLL FOR 2016-17
RECOMMENDATION
Adopt a resolution enabling the continued collection of 2015 -16 multi-dwelling property fire and
life safety inspection fees via the secured property tax roll administered by the County for the
2016-2017 Fiscal Year.
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 2015-16. However, the County requires an annual resolution adopted by the
Council authorizing the continued collection of these fees on the property tax roll. The Council
adopted Resolution No. 10623 (2015 series) on June 2, 2015 authorizing collection of these fees.
An administrative error occurred and not all the fees were properly sent to the County Auditor’s
office for the 2015-2016 year. The revised resolution will authorize the uncollected fees that
were inadvertently omitted and will now be placed on the 2016-2017 unsecured tax rolls.
CONCURRENCES
The Fire Department concurs with the recommendation.
FISCAL IMPACT
In fiscal year 2015-16, the remaining amount to be collected is approximately $188,000. In
fiscal year 2016-2017, the amount is approximately $194,000
ALTERNATIVE
Do not adopt the resolution and not collect the fees. This would mean that general taxes would
subsidize Fire inspections and would be inconsistent with adopted fee policies.
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Attachments:
a a - Resolution multi Dwelling Program Fees 2015 to be collected with 2016-17
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R ______
RESOLUTION NO. (2016 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE SAN LUIS OBISPO
COUNTY AUDITOR TO COLLECT FEES FOR 2015-16 FIRE AND LIFE
SAFETY INSPECTIONS OF MULTI-DWELLING PROPERTIES
CONTAINING THREE OR MORE DWELLING UNITS ON THE
SECURED PROPERTY TAX ROLL FOR FISCAL YEAR 2016-17
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54988,
ET SEQ.
WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code
Section 17921 to annually 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 13146.2 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, by Resolution 10623 (2015 Series) the City authorized the collection of
these fees on the secured property tax roll for fiscal year 2015-16; and
WHEREAS, due to a formatting error only a portion of these fees were forwarded to the
County for collection on the secured property tax roll for 2015-16, and the remainder mistakenly
omitted; and
WHEREAS, the Council desires collection of those fees mistakenly omitted from the
2015-16 tax roll by placing them on the secured property tax roll for 2016-17.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. 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 mistakenly omitted from the secured property tax roll for 2015-16 shall be
collected on the secured property tax roll by the San Luis Obispo County Auditor-Controller for
fiscal year 2016-17. A listing of fees by assessor’s parcel number shall be provided to the
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Resolution No. (2016 Series) Page 2
R ______
County Auditor-Controller for collection on the 2016-17 secured property tax roll in accordance
with their schedule and data format requirements, pursuant to California Government Code
54988.
Upon motion of , seconded by , and
on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted on July 12th, 2016.
____________________________________
Mayor Jan Howell Marx
ATTEST:
____________________________________
Lee Price, MMC
Interim City Clerk
APPROVED AS TO FORM:
_____________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
____________________________________
Lee Price, MMC
Interim City Clerk
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Resolution No. (2016 Series) Page 3
R ______
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 2013 California Building Code, Chapter 2: Definitions and
Abbreviations, Section 202 and Chapter 3, Section 310.
Apartment house is any building, or portion thereof, which contains three or more dwelling
units, including R-2 residential condominiums.
Congregate residences are 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 any building or portion thereof that contains living facilities, including
provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more
than one family, or a congregate residence for ten or less persons.
Hotel is any building containing six or more guest rooms intended or designed to be use, 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).
Motel shall mean the same as hotel as defined in this code.
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