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Home My WebLink About75A - PH - RESO MODIFY MISC FEE SCHEDULEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: PUBLIC HEARING - RESOLUTION MODIFYING THE FY 2015 -16 MISCELLANEOUS FEE SCHEDULE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on Vt Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to modify the Fiscal Year 2015 -16 Miscellaneous Fee Schedule; specifically to reduce expired meter parking citation fines to $40; and add three new administrative fees related to the oversight and implementation of the Housing Opportunity Ordinance. 2. Approve an appropriation adjustment recognizing estimated inclusionary housing administrative fees in the amount of $7,470 in the Inclusionary Housing Fund revenue account and appropriating the same in expenditure accounts. DISCUSSION The Miscellaneous Fee Resolution is comprised of various fees associated with city services, building fees, and enterprise fees. These fees are intended to recover to the extent possible the costs associated with delivering the required services. The Fiscal Year (FY) 2015 -16 Miscellaneous Fee Schedule was adopted by the City Council during the FY 2015 -16 budget process. Since the establishment of the FY 2015 -16 Miscellaneous Fee Schedule, it has become necessary to review and adjust the costs of providing some of the programs, activities and applications (Exhibit 1). On August 4, 2015, the City Council adopted the Downtown Enhancements and Parking Modernization Plan to address the need to modernize parking structures, enhance public amenities, and address deferred maintenance in the Downtown. The plan represents the collaborative efforts and consensus between Downtown stakeholders and City staff. Feedback from stakeholder participants included a recommendation to address expired meter parking citation fines. In response, it was recommended that the fines for expired meter be reduced from $56 and $47, respectively to $40. Reducing the citation amount encourages a business friendly Downtown. The reduction in expired meter parking violations will be effective on October 1, 2015 to coincide with the implementation of new parking meter rates. 75A -1 Resolution to Modify FYI 5-16 Miscellaneous Fee Schedule September 15, 2015 Page 2 adopted the Housing Opportunity Ordinance which requires projects meeting a certain criteria to provide a minimum of 15 percent of total units as affordable housing units withimthe project, or meet the requirement through alternative methods. Proposed amendments to the Housing Opportunity Ordinance will not impact the proposed administrative fees. The proposed administrative fees for the Housing Opportunity Ordinance are to cover the administration and oversight of the Ordinance. These fees include the following: - Inclusionary Housing Plan Submittal Fee ($250 per submittal) will cover the necessary staff time to review, approve and execute submitted housing plan. Staff time also includes the preparation of inclusionary housing agreements for each submitted project. - Initial Sale of Ownership Units ($310 per unit) will be required at the time of initial sale of each inclusionary ownership unit to a qualified homebuyer. The proposed fee will be used for necessary staff time to review and approve qualified homebuyer applications for the inclusionary units. - Annual Rental Monitoring Fee ($100 per unit) will be required for rental inclusionary units for staff time to ensure monitoring and compliance with the inclusionary agreements, including inspections of the units and tenant file review. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 City Financial Stability, Objective #2 (provide a reliable five -year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination), Strategy #B (create a comprehensive program to manage parking that includes innovative strategies to provide parking, create revenue and enhance accessibility in the downtown). Approval of this item also supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement and Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy #B (ensure compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership housing projects that meet specified criteria provide a minimum of 15% affordable units). 75A -2 Resolution to Modify FY15 -16 Miscellaneous Fee Schedule September 15, 2015 Page 3 FISCAL IMPACT In fiscal year 2015 -16, the proposed expired parking meter citation decrease will result in an estimated reduction of $132,857 to Parking Fines account (no. 02710002 - 55000). Upon approval of the appropriation adjustment in fiscal year 2015 -16, the proposed inclusionary housing administrative fees will result in estimated revenues of $7,470 in the Inclusionary Housing Fund Miscellaneous Service Charge revenue account (no. 41718002 - 53902) and appropriate the same in the Inclusionary Housing Fund expenditures accounts (no. 41718820 - various). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency AR J * wws* Kelly Ree4ders Executive Director Community Development Agency Exhibits: 1. Amended Miscellaneous Fee Schedule FY 2015 -16 2. Proposals to Modify Existing Fees 3. New Miscellaneous Fees 4. Resolution 75A -3 75A -4 RESOLUTION 2015 -XXX EXISTING PROPOSED REVENUE FY 15-16 FY 1546 ACCOUNT DEPARTMENT /MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES CHANGE SECTION X POLICE DEPARTMENT 55000 Parking in metered space time expired or beyond max, time Pursuant to SAMC Sec. 36- 402(1) Each 56.00 40.00 - 28.57% 55000 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC See, 36-432(l 1) Each 47.00 40.00 SECTION 11 COMMUNITY DEVELOPMENT AGENCY 53902 Inclusionary, Housing Plan Submittal Fee per submittal N/A 250.00 N/A 53902 Initial Sale of Ownership Units per unit N/A 310.00 N/A 53902 Annual Rental Monitoring Fee per unit N/A 100.00 N/A Exhibit 1 75A -5 75A -6 PROPOSALS TO MODIFY EXISTING FEES POLICE DEPARTMENT 1) Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36- 402(1) Existing Fee: $56.00 Proposed Fee: $40.00 Use metered space when meter indicates unlawful parking Pursuant to SAMC Sec. 36- 432(11) Existing Fee: $47.00 Proposed Fee: $40.00 On August 4, 2015, the City Council adopted the Downtown Enhancements and Parking Modernization Plan. Part of the plan calls for the reduction of expired meter parking violations to $40.00. There will bean estimated reduction of $133,000 per year relating to expired meter parking citations revenue. Exhibit 2 75A -7 75A -8 NEW MISCELLANEOUS FEES COMMUNITY DEVELOPMENT AGENCY 1) Inclusionary Housing Plan Submittal Fee Existing Fee: None Proposed Fee: $250.00 per submitted application This fee will be charged to developers that submit Inclusionary Housing Plan as part of the Housing Opportunity Ordinance. The fee includes staff time to review and approve the Inclusionary Housing Plan, as well as staff time for execution of the Inclusionary Housing Agreement. An estimated $3,750 in revenue is anticipated to be generated from this fee. 2) Initial Sale of Ownership Units Existing Fee: None Proposed Fee: $310 per unit This fee will be charged to developers that have an approved inclusionary housing plan to have inclusionary ownership units. The fee includes staff time to review qualified homebuyers for the inclusionary ownership units at the time of initial sale from the developer to the homebuyer. Staff time includes review of qualifications of the homebuyer, approval of the homebuyer and sale, compliance with the Housing Opportunity Ordinance and execution of the agreements with the eligible homebuyer. An estimated $3,720 in revenue is anticipated to be generated from this fee. 3) Annual Rental Monitoring Fee Existing Fee: None Proposed Fee: $100.00 per unit This fee will be charged to developers and property managers of inclusionary units in rental projects with an approved Inclusionary Housing Plan and Inclusionary Housing Agreement in place. The fee will be used for staff time to ensure compliance with the Housing Opportunity Ordinance including physical inspection of inclusionary rental units and review of tenant and property files for compliance with affordability requirements. In fiscal year 2015 -2016, no revenue is anticipated to be generated from this fee. Exhibit 3 75A -9 75A -10 LS 9.4.15 RESOLUTION NO, 2015 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2015 -2016 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby, finds, determines and declares as follows: A. Each year, for the convenience of the public, the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2015 -2016 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2015 - 2016, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. On August 4, 2015, the City Council, after a public hearing, adopted a Downtown Enhancements and Parking Modernization Plan which, among other things, called for the reduction of expired meter parking violations from $56.00 and $47.00 respectively, to $40.00. E. The Housing Opportunity Ordinance (Santa Ana Municipal Code sections 41 -1901 — 41 -1910) provides for fees to be established by Council by resolution in the "Administrative" section (SAMC section 41- 1910). Recent review of said Ordinance revealed that such fees had not been established. F. By this resolution, Council hereby establishes the Inclusionary Housing Plan Submittal Fee, the Initial Sale of Ownership Unit Certification fee and the Annual Rental Monitoring Fee pursuant to the Housing Opportunity Ordinance. G. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. Exhibit 4 Resolution No. 2015 -XXX 75A -11 Page 1 of 3 LS 9.4.15 H. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2015 -2016 is hereby amended with respect to violations related to parking meters as follows: "Parking in metered space time expired or beyond max. time - -- $40.00" "Use metered spaces when meter indicates unlawful parking - -- $40.00" Section 3: The Miscellaneous Fee Schedule for Fiscal Year 2015 -2016 is hereby amended with respect to the fees associated with the Housing Opportunity Ordinance as follows: "Inclusionary Housing Plan Submittal Fee - -- $250 per submittal" "Initial Sale of Ownership Units Fee - -- $310 per unit" "Annual Rental Monitoring Fee - -- $100 per unit" Section 4: To the extent that any fee or service charge established pursuant to City Resolution No. 2015 -027 is inconsistent with the fees or service charges established pursuant to this Resolution, such inconsistencies in Resolution No. 2015- 027 are hereby repealed. Section 5: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 6: This Resolution shall be operative from and after October 1, 2015. Resolution No. 2015 -XXX 75A -12 Page 2 of 3 ADOPTED this _ day of September, 2015. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN l* •C -." Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY LS 9,4,15 I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2015 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2015. Date: Clerk of the Council City of Santa Ana 75A -13 Resolution No. 2015 -XXX Page 3 of 3 75A -14