HomeMy WebLinkAboutReso 2017-157RESOLUTION NO. 2017-157
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CERTAIN SECTIONS OF
CHAPTER 1 (GENERAL) OF THE CITY'S MASTER FEE
SCHEDULE - AND REPEALING CITY COUNCIL POLICIES
200-01 (SPECIFIC CATEGORIES OF DEVELOPMENT
PROJECT ASSISTANCE OR FEE SUBSIDIES), 267-05
(WAIVER OF FEES FOR COMMUNITY SERVICE
ORGANIZATIONS), AND 861-04 (GREEN FEES AT CHULA
VISTA MUNICIPAL GOLF COURSE)
WHEREAS, Chapter 1 (General) of the City's Master Fee Schedule establishes authority
for the waiver or deferral of fees set forth in the Schedule, in whole or in part; and
WHEREAS, in order to increase efficiency and timeliness in responding to minor fee
waiver requests, the Council wishes to amend Chapter 1 (General) of the City's Master Fee
Schedule, as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set
forth in full; and
WHEREAS, an annual accounting of all fee waivers authorized by the City Manager, or
designee, shall be presented to the City Council in conjunction with the fiscal year-end financial
statement required pursuant to Section 504(f) of the City's Charter; and
WHEREAS, Chapter 1 (General) of the City's Master Fee Schedule lists the thresholds
for 80% of median family income for the San Diego Metropolitan Statistical Area as determined
annually by the federal Department of Housing and Urban Development (HUD), for purposes of
determining eligibility for low-income restricted fee schedules; and
WHEREAS, HUD median family income data is not subject to City Council approval
and is provided in the City's Master Fee Schedule for informational purposes only; and
WHEREAS, amending Chapter 1 (General) of the City's Master Fee Schedule to reflect
current HUD median family income rates and authorizing administrative updates is
recommended to improve transparency and efficiency; and
WHEREAS, Chapter 1 (General) of the City's Master Fee Schedule describes the City's
use of fully burdened hourly rates for cost recovery; and
WHEREAS, the City's fully burdened rates are not subject to annual Council adoption
and are included in the Master Fee Schedule for informational purposes only; and
WHEREAS, amending Chapter 1 (General) of the City's Master Fee Schedule to
explicitly authorize administrative updates to reflect current fully burdened hourly rates is
recommended to improve transparency and efficiency; and
Resolution No. 2017-157
Page No. 2
WHEREAS, City Council Policy 200-01 (Specific Categories of Development Project
Assistance or Fee Subsidies) was adopted in 1993 to establish a policy on specific categories of
development project assistance or fee subsidies to address certain impacts of the Master Fee
Schedule update which was completed on March 23, 1993; and
WHEREAS, City Council Policy 200-01 establishes a program of electrical, plumbing,
and building permit fee grants and waivers available to low income and very low income
residential development projects of 25% and 10%, respectively; and
WHEREAS, City Council Policy 267-05 (Waiver of Fees for Community Service
Organizations) was adopted in 1987 to establish a standard policy by which nonprofit
organizations may be exempt from those fees established and imposed by the City; and
WHEREAS, City Council Policy 267-05 provides that the fees established and imposed
by the City may be waived for nonprofit organizations where the City Council determines that
the value of the public service performed by the organization merits the waiver of the fees; and
WHEREAS, City Council Policy 861-04 (Green Fees at Chula Vista Municipal Golf
Course) was adopted in 1975 to provide an equitable policy for the disposition of requests for the
waiver of green fees at the Chula Vista Municipal Golf Course by various organizations
conducting money -raising tournaments; and
WHEREAS, City Council Policy 861-04 determined and affirmed the total waiver of
green fees at the Chula Vista Municipal Golf Course for the following tournaments: local high
school and college tournaments; Chula Vista Junior Golf Championship Tournament; and San
Diego County P.G.A. Pro/Am Tournament; and
WHEREAS, multiple policy documents addressing the issue of fee waivers, deferrals,
and grants is inefficient and leads to confusion; and
WHEREAS, all fee waiver, deferral, and grant discussions have been consolidated in
Chapter 1 (General) of the City's Master Fee Schedule.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it amends certain sections of Chapter 1 (General) of the City's Master Fee Schedule as
set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set forth in full,
effective with the second reading and adoption of Ordinance No. 3410, the companion ordinance
amending Chapter 3.45 of the Chula Vista Municipal Code (Master Fee Schedule).
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
repeals City Council Policy 200-01 (Specific Categories of Development Project Assistance or
Fee Subsidies), City Council Policy 267-05 (Waiver of Fees for Community Service
Organizations), and City Council Policy 861-04 (Green Fees at Chula Vista Municipal Golf
Course).
Presented by
Kel roughton, FASLA
Director of Development Services
Resolution No. 2017-157
Approved as to form by
Glen R�oogins
ity Atto ey
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California; this 15th day of August 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Mary Soas, Mayor
ATTEST:
Kerry K. 4gel0w MC, Acting City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF C14ULA VISTA
I, Kerry K. Bigelow, Acting City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2017-157 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 15th day of August 2017.
Executed this 15th day of August 2017.
7
Kerry K. 0elovV. AMC. Acting City Clerk
Resolution No. 2017-157
Page No. 4
EXHIBIT 1
MASTER FEE SCHEDULE
Chapter 1- General
/ter
Introduction
COF City of Chula Vista Finance Department
�UL � �STia1 276 Fourth Avenue, Chula Vista, CA 91910 9
Section 3.42.010 of the Chula Vista Municipal
Code states that the City Council shall adopt, by
resolution, a Master Fee Schedule, indicating
therein the fees for all services, administrative
acts and other legally required fees, which
resolution may be amended from time to time
apPrevad; provided, however, such resolutions
may specify therein their applicability,- if any, to
applications currently in the process of review.
A copy of the Master Fee Schedule shall be
maintained in the office of the City Clerk and in
each department of the City.
Print copies of the Master Fee Schedule may be
purchased.
Fee per printed schedule .............................. $6.00
Unless otherwise specified by ordinance,
resolution, Master Fee Schedule or invoice, a
payment shall be considered delinquent or late if
it is not received within thirty (30) days of billing.
Delinquent payments shall be subject to the
Delinquent Payment Penalty detailed in Fee
Bulletin 13-100.
The fees set forth in the Master Fee Schedule may
be waived or deferred, in whole or in part, by the
Waiving Authority, as defined herein below_
Waivine Authoritv: as the term is used herein,
si-:ail r - can the City ; iana2er. or d-sirnee, if the
-'.1-I-il +y=1.
arno_:n of --' _ waiver is great_r t ::r. -;-:e Greater
of 57,500 or 25! off the original tee imposed by
the Master Fee Schedule, the Waiving Authoritv,
as used herein shall mean the ON Council.
Further, the Waiving Authority for cumulative
waivers to a single applicant within a 12 month
period in excess of $7,500 shall mean the City
Council. For purposes of this provision, each
school site shall be considered a separate
applicant.
Any person requesting a reduction, waiver or
deferral, or a combination thereof, of a fee herein
charged shall request said adjustment in writing,
addressed to the Waiving Authority, and shall set
forth therein, with specificity, the reasons for
requesting said abatement of all or any portion of
the fees.
Prior to adjusting all or any portion of a fee
established in the master fee schedule, the
Waiving Authority shall make at least one of the
following findingsf�^�',,,,a4;at-e4her:
(1) the fee, when applied in the particular
case under review, would require the
applicant to pay an amount which is
significantly and disproportionately larger
than other fee payers given the rights of
enjoyment of, or benefits of, the facility
or program for which the fee is paid, or
(2) the applicant will suffer a peculiar
economic hardship or other injustice from
the payment of the fee which outweighs,
when balanced against, the need of the
City for revenue and the need for a
uniform method of recovering same from
those against whom it is imposed.
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(3) the applicant is a nonprofit
organization and the value of public
service performed by the organization
merits the waiver requested.
The Waiving Authority shall issue a notice of
decision, including imposition of44pese such
terms and conditions on the adjust 4&;rwaiver as
deemed appropriate ^^^' , 'Due
consideration shall be given to terms and
conditions involving interest on amount deferred
aLd- security to assure the eventual collection.
Decisions of the City Manager, or designee, as
Waiving Authority shall be subiect to appeal to
the City Council. Applicants wishing to make such
an appeal must submit their request in writing to
the City Clerk, within ten (10) business days of
issuance of the City Manager's notice of decision.
The appeal shall be addressed to the City Council,
and shall set forth therein, with specificity, the
reasons for requesting said appeal of the City
Manager's decision. The City Council shall
consider the appeal within 60 days of filing, or as
soon thereafter as practical. Decisions of the City
Council as Waiving Authority shall be deemed
final.
In no instance will lost revenues resulting from a
fee waiver be recouped from other fee pavers.
Impacts to enterprise funds will be offset using
discretionary funds.
LOW INCOME HOUSEHOLDS
Eligibility for City programs or fee schedules
restricted to low income households shall be
based on the 80% level of median family income
for the San Diego Metropolitan Statistical Area as
determined annually by the federal Department
of Housing and Urban Development HUD and
detailed below:
NO. IN MAXIMUM ANNUAL
HOUSEHOLD FAMILY INCOME
(Gross for Eligibility)
An additional $1,000 annual income allowed for
each additional person in household in excess of
eight (8).
(298.9-20.27 HUD Median Income Data, effective
8.303917 8917
The maximum annual familv income rates are not
adopted by the City Council and are provided in
the Master Fee Schedule for informational
purposes only. Rates listed in the Master Fee
Schedule may be updated administratively based
upon HUD action without Council approval.
SCO `k-EC0VERYID' z
The Master Fee Schedule reports fees for services
that are provided to our citizens and visitors. The
cost of providing these services includes both
direct staff costs and various support and
overhead costs. Fees that do not recover the full
cost of providing services result in a subsidy which
shifts funds away from critical, high priority needs
such as public safety initiatives and infrastructure
maintenance.
In November 1982 the City Council adopted
Resolution 11063 adopting a policy of full cost
recovery, under which both the direct and
overhead costs associated with providing public
services are identified and, when possible,
recovered. To facilitate this process, City staff
annually develops a set of fully burdened hourly
rates (FBHR), providing a convenient method for
calculating the full costs of services. A discussion
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of the costs included in the calculation of the
FBHR, as well as the current fiscal year. rate for
each classification in the City is detailed in Fee
Bulletin 1-200.
The City s fully burdened rates serve as a basis for
identifying the true cost of providing services,
calculating fixed fee levels, and understanding the
fiscal impacts of fee subsidies.
The City's fully burdened rates are not subject to
annual Council adoption and are included in the
Master Fee Schedule for informational purposes
only. Rates may be updated administratively
without additional Council action. Please contact
the Finance Department to confirm current rates.
1. Full Cost Recovery Deposits
Significant variances in staff time required to
provide certain services make application of a
fixed fee schedule impracticable. In these
instances, the applicant is charged for services
provided on a reimbursement basis, using the
fully burdened hourly staff rates. These
reimbursement based fees are designated in the
Master Fee Schedule as "full cost recovery".
Initial Deposit
For each such fee, an initial deposit is required.
The average initial deposit amount, or an initial
deposit schedule, is provided in the Master Fee
Schedule for each full cost recovery deposit based
fee. In all instances, the department shall
determine the appropriate deposit for each
application and shall attempt to limit that deposit
to a reasonable amount.
Additional Deposits
If, at any time, it appears that the deposit amount
will be insufficient to cover accumulated City
costs, the applicant shall deposit additional
amounts as required by the Department Head.
Consultant Services
If the City determines that consultants are
required to assist in the processing of any permit,
the City reserves the right to retain and pay such
consultants from fees collected from the
applicant.
Release of Deposit
Any funds remaining on deposit at the time of the
completion or withdrawal of the application shall
be returned to the depositor, after accounting for
expenses, including overhead, incurred to date.
City of Chula Vista www.chulavistaca.gov 619.691.5250