HomeMy WebLinkAbout06-04-2019 Item 10 - Authorize the Collection of Fire and Life Safety Fees by the County
Department Name: Fire
Cost Center: 8504
For Agenda of: June 4, 2019
Placement: Consent
Estimated Time: N/A
FROM: Keith Aggson, Fire Chief
Prepared By: Rodger Maggio, Fire Marshal
SUBJECT: RESOLUTION AUTHORIZING THE COUNTY’S COLLECTION OF FIRE
AND LIFE SAFETY FEES
RECOMMENDATION
Adopt a Resolution (Attachment A) 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. In June 2017, the
Council approved a change on how fees for apartment buildings, hotel/motels, and
sorority/fraternity inspections are calculated. This change is reflected in Exhibit A to the
Resolution. The result was an increase from approximately $194,000 per year in total revenue to
approximately $260,000 at the time of change in the fee schedule. Since the adoption of the new
fee schedule, revenue under this program has increased to $306,000 for fiscal year 2018-19 due
to the increase in the number of units for each category. Staff is not recommending any further
changes in the current fees for 2018-19. 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 2019-20 and is requesting that Council adopt the required resolution to authorize that
collection.
Background
Policy Context
• California Heath & Safety Code Section 13146.2(b) authorizes cities to charge property
owners in recovering the reasonable costs of providing these annual inspections.
• 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 (City Municipal Code
Section 3.50.01(c)).
Packet Pg. 129
Item 10
Public Engagement
The Fire Department conducted extensive public engagement efforts as part of the formation of
the Department’s five-year strategic plan. Because the recommended action is not a community
project, or service, this resolution does not warrant any additional public engagement efforts.
CONCURRENCE
The Finance and Information Technology Departments concur with the recommendation.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15278.
FISCAL IMPACT
Budgeted: Yes, Revenue Budget Year: 2019-20
Funding Identified: N/A
The Finance Department will work with the County of San Luis Obispo to place the fees on the
annual tax rolls.
Fiscal Analysis:
In fiscal year 2018-19, the City is scheduled to collect $306,000. Projected revenue for fiscal
year 2019-20 is $307,000.
ALTERNATIVES
Do not adopt the Resolution and go to a less cost-effective billing system by the Finance
Department.
Attachments:
a - 2019 Multi-Dwelling Fee Collection Resolution
Packet Pg. 130
Item 10
R ______
RESOLUTION NO. _____ (2019 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE SAN LUIS OBISPO
COUNTY AUDITOR TO COLLECT FEES FOR 2019-20 FIRE AND LIFE
SAFETY INSPECTIONS OF MULTI-DWELLING PROPERTIES
CONTAINING THREE OR MORE DWELLING UNITS ON THE
SECURED PROPERTY TAX ROLL 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 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 13146.2 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 10790 (2017 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 2019-20:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Packet Pg. 131
Item 10
Resolution No. _____ (2019 Series) Page 2
R ______
SECTION 1. Pursuant to California Health & Safety Code Section 13146.2(b) and
Municipal Code Section 3.50.010, the Council hereby authorizes and directs that Fire and Life
Safety Inspection fees shall be collected on the secured property tax roll by the San Luis Obispo
County Auditor-Controller for fiscal year 2019-20. A listing of fees by assessor’s parcel number
shall be provided to the County Auditor-Controller for collection on the 2019-20 secured property
tax roll in accordance with their schedule and data format requirements, pursuant to California
Government Code 54988, et seq.
Upon motion of _______________________, seconded by _______________________, and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2019.
____________________________________
Mayor Heidi Harmon
ATTEST:
____________________________________
Teresa Purrington
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 ______________, 2019.
____________________________________
Teresa Purrington
City Clerk
Packet Pg. 132
Item 10
R ______
EXHIBIT A
Multi-Dwelling Fire and Life Safety Inspection Fee Schedule
Administrative Fee
Processing per facility $86.63
Each Additional Owner $10.28
Apartment Houses
Up to 10 Units $346.52
11- 20 Units $519.78
21- 50 Units $693.04
51- 100 Units $866.30
101- 200 Units $1386.08
Every additional 100
Units over 200 $346.52
Condominiums
Up to 10 Units $346.52
11- 20 Units $519.78
21- 50 Units $693.04
51- 500 Units $1039.56
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 - 20 units $346.52 per year per facility
21 - 50 units $519.78 per year per facility
51-100 units $866.30 per year per facility
101-200 units $1386.08 per year per facility
Sorority, Fraternity,
Congregate house $693.04
These fees are applicable to all multi-dwelling units in the City based on the following definitions
as set forth in the 2016 California Building Code, Chapter 2: Definitions and Abbreviations,
Section 202 and Chapter 3, Section 310.
Packet Pg. 133
Item 10
Resolution No. _____ (2019 Series) Page 4
R ______
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.
Packet Pg. 134
Item 10
1010 Marsh St., San Luis Obispo, CA 93401
(805) 546-8208 . FAX (805) 546-8641
PROOF OF PUBLICATION Proof of Publication of
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of San Luis Obispo,
I am a citizen of the United States and a
resident of the county aforesaid; I am over the
age of eighteen years, and not a party interested
in the above entitled matter. I am the principal
clerk of the printer of the New Times, a
newspaper of general circulation, printed and
published weekly in the City of San Luis
Obispo, County of San Luis Obispo, and which
has been adjudged a newspaper of general
circulation by the Superior Court of the County
of San Luis Obispo, State of California, under
the date of February 5, 1993, Case number
CV72789: that notice of which the annexed
is a printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof on the following dates,
to -wit:
aw 2S
in the year 2019. U
I certify (or declare) under the the penalty of
perjury that the foregoing is true and correct.
Dated at San Luis Obispo, California, this
day 2 3 of AA %&/ , 2019.
Patricia Horton, New Times Legals
Ad. in&1'cn dV•WK1G Admin-NISIG On!c,/f3U81�1lSS'Nblic N,Iic Proof of I'ub
RECEIVED
MAY 2 8 2019
SLO CITY CLERK
SAN LUIS OBISPO CITY
COUNCIL
NOTICE OF PUBLIC HEARING
The San Luis Ohlspo City Council Invites all
interested parsons to attend a public meeting on
Tlresday, dune 4, 2019, at 6:00 p.m. In the City
full Counell Chamber, 990 Palm Street, San Luis
Obispo, Catiivmia, relative to the tallowinu:
1I11�u
Consider adopting a Resolution ontitleta 'A
Resolution of the City Council of the City of San Luis
Obispo, California, authorizing the San Luis Obispo
County Auditor to collect fees for 2019-20 Fire and
Life Safety Inspections of multidwelling properties
Containing threw or more dwelling units On the
Secured Pioparty Tax Roll Pursuant to Cafitorrile
Governmeni Code Section 64988, let Seq:'
For more information, you are invited to contact
Rodgor Maggio of the City's Fire Department at {806]
781-7386 or by email at Vftgggia��.
The City Council may also discuss other Bearings cr
business items before or aher the items listed above.
If you challenge the proposed projects in court, you
may be limited to raising only those issues you or
someone else raised at the public hearing described
in this. notice, or In written correspondence *' .Md
to [iia City Council at, or prior to, the public hearings.
Reports for this meeting will be avmitabte for review
in tite City Clark's Office and online at 7
a rr on Wednesday, May 29..2019. Please
gall the City Clark's Office at (806) 781-7100 for
more inlormaBon, The City Council maei iV will be
televised live on Charter Cable Channel 20 and live
streaming on m8 ^^_ clocitv.ora.
Teresa Purrington, City Clerk
City of San Luis Obispo
May 23, 2019