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HomeMy WebLinkAboutCC Resolution 14244 (Residential Building Resale Fee Schedule)RESOLUTION NO. 14244 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AMENDING THE MASTER FEE SCHEDULE FOR SERVICES RELATED TO RESIDENTIAL RESALE INSPECTION REPORTS ADMINISTERED THROUGH THE RESIDENTIAL BUILDING RESALE REPORT PROGRAM (RBR PROGRAM) WHEREAS, the City of San Rafael has conducted an analysis of its services, the costs reasonably borne, the beneficiaries of those services and the revenues produced from those paying fees; and WHEREAS, the City wishes to comply with both the letter and spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and WHEREAS, the City has a policy of recovering, except as provided in San Rafael Municipal Code Section 3.34.040, the full costs reasonably borne of providing special services of a voluntary and/or limited nature, such that general taxes are not diverted from general services of a broad nature, and thereby utilized to subsidize unfairly and inequitably such special services; and WHEREAS, in March 2016, the California State Auditor's Office published a performance audit report on the City of San Rafael Residential Building Resale Report Program (RBR Program). The performance audit report recommends, among others, that the City study and update the residential resale inspection report fees to better reflect City costs for the RBR Program administration. Further, the performance audit report recommended that a more formal "complaint" process be established (e.g., an appeal process) to address customer complaints; and WHEREAS, on December 5, 2016, the City Council introduce for adoption Ordinance No. 1945 amending Municipal Code Title 12 to amend Chapter 12.36 (Report of Residential Building Record). The provisions of this ordinance require that the RBR Program be administered and enforced by the Community Development Department consistent with updated policies, practices and procedures, which have an impact on staff time and cost for administering the RBR Program; and WHEREAS, it is the intention of the City Council to develop a revised schedule of fees and charges based on the City's budget and projected costs, reasonably borne; and WHEREAS, the amendment to the City's Master Fee Schedule complies with all of the requirements of California Government Code and other applicable laws. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Amendment to Fee Schedule The following fees and charges are hereby directed to be computed and applied by the various City departments and to be collected by the City's Finance Department. Increases or decreases in fees reflect changes in salaries, benefits, and other costs related to the cost of providing the service, including flat base fees, deposits for service and the calculation of fully burdened hourly rates (FBHR) for billable staff time. Amended Fee Section Service Description 05.06.10 Residential Resale Inspection Report (excluding condominiums) 05.06.11 Condominium Resale Inspection Report New Fee Section Service Description 05.06.12 Appeal- Residential Resale Inspection Report Charge $290.00 per single family dwelling; $270.00 per first unit of multiple family dwelling property plus $30.00 for each additional multiple family dwelling unit $255.00 per condominium Charge $100.00 The above amendments are reflected in attached Exhibit A, Section 5 of the Master Fee Schedule. Section 2. Separate Fee for Each Service All fees set by this resolution are for each identified service; additional fees shall be required for each additional service that is request or required. Where fees are indicated on a per unit measurement basis, the fee is for each identified unit or portion thereof, within the indicated ranges of such units. Section 3. Basis of Charges The Council finds and determines that the charges for services imposed by this Resolution are necessary to cover the costs of providing the specified services and that such charges do not exceed the reasonable costs of providing said services. Section 4. Interpretations The City department directors, in consultation with the City Manager may interpret this Resolution. Should there be a conflict between two fees applicable to the same service, then the lower in dollar amount of the two shall be applied. Section 5. Waiver of Permit Fees and Charges The City Council may, on a case-by-case basis, grant a waiver of payment of all or portion of the fees established by this Resolution when it determines that it is in public interest to do so. Section 6. Repeal Resolutions and other prior actions of the City Council in conflict with the contents of this Resolution are hereby repealed. Section 7. Severabilitv If any portion of this Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions and all other portions 2 shall remain in full force and effect. The City Council declares that it would have adopted this Resolution and each section or portion therefore irrespective of the validity of any other section or portion. Section 8. Effective Date This Resolution, including the fees and charges provided herein, shall become effective immediately. Section 9. California Environmental Oualitv Act The adoption of this Resolution, including the fees and charges provided herein, is statutorily exempt from the California Environmental Quality Act under public Resources Code Section 21080(b)(8), as the establishment and modification of charges by a public agency to meet operating expenses. I, ESTHER C. BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 5TH day of December 2016, by the following vote, to wit: AYES: Councilmembers: Mayor Phillips, Bushey, Colin, Gamblin and McCullough NOES: Councilmembers: None ABSENT: Councilmembers: None ESTHER C. BEIRNE, City Clerk Exhibit A Master Fee Schedule, Section 5 (Building Services/Fire Prevention) CITY OF SAN RAFAEL - Master Fee Schedule Table Amendments to Residential Resale Inspection Report Fees 05.06.10 RESIDENTIAL RESALE INSPECTION REPORTS $165.00 $290.00 PER SINGLE FAMILY (EXCL. CONDQS CONDOMINIUMS) DWELLING A4D 05.06.11 CONDO CONDOMINIUM RESALE INSPECTION REPORT $270.00 PER FIRST UNIT OF MULTIPLE FAMILY DWELLING PROPERTY PLUS $50.00$30.00 FOR EACH ADDITIONAL MULTIPLE FAMILY DWELLING 255.00 PER CONDO CONDOMINIUM 05.06.12 APPEAL $100.00 9 cNMEN-� 4 PROGRAM Y FOR RgR COSH S�uD p16 De cembef 1, 2 Cost Study for RBR reports Single Family Home Staff member Function Time (hours) FBHR Cost Permit Tech Process the application 0.15 $90 $13.50 Permit history search & rough out report. Call applicant and schedule Admin Assistant inspection 0.65 $87 $56.55 Research Planning files/ applications and enter into Planning Tech report 'shell' 0.25 $84 $21.00 Perform field inspection & RBR Inspector enter information into report 1.1 $120 $132.00 Proof report, convert to PDF, Admin Assistant / Permit attach electronic copy to Services Coordinator Trakit 0.4 $103 $41.20 N/A Vehicle, gas, office supplies $11.00 Prepare and attach a notice Admin Assistant of compliance 0.2 $87 $17.40 TOTAL: $292.65 Cost Study for RBR reports Apartments Staff member Function Time (hours) FBHR Permit Tech Process the application 0.15 $90 Permit history search & rough out report. Call applicant and schedule Admin Assistant inspection 0.65 $87 Research Planning files/ applications and enter into Planning Tech report 'shell' 0.25 $84 Perform field inspection & RBR Inspector enter information into report 0.9 $120 Proof report, convert to PDF, Admin Assistant / Permit attach electronic copy to Services Coordinator Trakit 0.4 I $103 N/A Vehicle, gas, office supplies l Prepare and attach a notice Admin Assistant of compliance 0.2 $103 TOTAL: Inspect individual units (each) I RBR Inspector and enter results 0.25 $120 Cost $13.50 $56.55 $21.00 $108.00 $41.20 $11.00 $20.60 $271.85 $30.00 Cost Study for RBR reports Condominium Staff member Function Time (hours) FBHR Cost Permit Tech Process the application 0.15 $90 $13.50 Permit history search & rough out report. Call applicant and schedule Admin Assistant inspection 0.5 $87 $43.50 Research Planning files/ applications and enter into Planning Tech report 'shell' 0.25 $87 $21.75 Perform field inspection & RBR Inspector enter information into report 0.9 $120 $108.00 Proof report, convert to PDF, Admin Assistant/ Permit attach electronic copy to Services Coordinator Trakit 0.4 $103 $41.20 N/A Vehicle, gas, office supplies $11.00 Prepare and attach a notice Admin Assistant of compliance 0.2 $87 $17.40 TOTAL: $256.35