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
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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