HomeMy WebLinkAbout20A - AA CASP REVENUE FUNDSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
JUNE 4, 2019
TITLE: APPROVED
❑ As Recommended
APPROVE AN APPROPRIATION ❑ As Amended
ADJUSTMENT OF $99,901.30 TO ❑ Ordinance on 2n Reading
RECOGNIZE CASP REVENUE FUNDS ❑ Ordinance on Reading
[I Implementing
Implementing Resolution
FOR FISCAL YEAR 2018-19 ❑ Set Public Hearing For
(STRATEGIC PLAN NO. 4, 2A)
CONTINUED TO
FILE NUMBER
CITY MAN GER
RECOMMENDED ACTION
Approve Appropriation Adjustment 2019-137 recognizing $99,901.30 from the Planning and
Building CASp Certification Training Fund account (No. 01616002-52366) and appropriating to
various CASp Certification and Training Fund accounts.
DISCUSSION
On September 19, 2012 Governor Brown signed into law SB 1186, Disability Access, which adds
a state fee of $1 to each application for a local business license or equivalent instrument or
permit, or renewal thereof. The purpose of this fee is to increase disability access and
compliance with construction -related accessibility requirements and to develop educational
resources for businesses in order to facilitate compliance with federal and state disability laws, as
specified. In October 2017 AB 1379 (Chapter 667) expanded existing SB 1186, requirements in
that funds under the bill are to be used for increased CASp training and certification within the
jurisdiction.
This bill would extend the operation of this fee indefinitely and, on and after January 1, 2018, and
until December 31, 2023, increase the amount from $1 to $4. The local jurisdiction shall retain
90% of the fees collected, to be deposited in a local "CASp Certification and Training Fund." The
remaining 10% of fees collected shall be transmitted on a quarterly basis to the Division of the
State Architect for deposit in the Disability Access and Education Revolving Fund.
On and after January 1, 2024, the fee will revert to $1 and local jurisdictions will retain 70% of
fees collected, with the remaining 30% to be transmitted to the Division of the State Architect, as
outlined in existing law.
Currently the revenues collected for the CASp fund are in CASp Certification Training Fund
(01116002-52366). However, the expense account for CASp related costs are expended
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Appropriation Adjustment of CASP funds
June 4, 2019
Page 2
through the Planning and Safety — New Construction and the Planning and Building Plan Permits
and Plan Check Expense accounts.
Upon approval, all CASp related expenditures will be appropriately charged to the CASp
Certification and Training Fund accounts (No. 01616500).
ENVIRONMENTAL IMPACT
None.
STRATEGIC PLAN ALIGNMENT
Approval of the action allows the City 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).
FISCAL IMPACT
The appropriation adjustment will recognize revenue received in the CASp Certification and
Training revenue account (no. 01616002-52366) under AB 1379 and appropriate the funds as .
follows:
Fiscal Year
Account Unit —
Fund Description
Accounting Unit,
Account
Amount'
Account #
Description
FY 2018/19
01616500-62120
Special Fund -
CASp Certification
$25,000
Expenditure
and Training Fund -
Training,
Transportation,
Meeting
FY 2018/19
01616500-62140
Special Fund -
CASp Certification
$20,000
Expenditure
and Training Fund -
Membership,
Subscription &
Dues
FY 2018/19
01616500-62300
Special Fund -
CASp Certification
$24,901.30
Expenditure
and Training Fund -
Contract Services -
Professional
FY 2018/19
01616500-63001
Special Fund -
CASp Certification
$30,000
Expenditure
and Training Fund -
Miscellaneous
Operating
Expenses
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Appropriation Adjustment of CASP funds
June 4, 2019
Page 3
--E�
Minh Thai
Executive Director
Planning and Building Agency
SM:Ia
S:RFCA\6-4-19
APPROVED AS TO FUNDS AND ACCOUNTS:
k�
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
Exhibit: 1. Assembly Bill No. 1379 Chapter 667
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Assembly Bill No.1379
CHAPTER 667
An act to amend Section 4467 of the Government Code, relating to
disability access, and making an appropriation therefor.
[Approved by Govemor October 11, 2017. Filed with
Secretary of State October 11, 2017.]
LEGISLATIVE COUNSEL'S DIGEST
AB 1379, Thurmond. Certified access specialist program: funding.
(1) Existing law requires the State Architect to establish and publicize a
program for voluntary certification by the state of any person who meets
specified criteria as a certified access specialist (CASp), as provided. Existing
law, on and after January 1, 2013, and until December 31, 2017, inclusive,
requires that any applicant for an original or renewal of a local business
license or equivalent instrument or permit to pay an additional fee of Sl for
that license, instrument, or permit, to be collected by the city, county, or
city and county that issued the license, instrument, or permit.
This bill would extend the operation of this fee indefinitely and, on and
after January 1, 2018, and until December 31, 2023, increase the amount
from $1 to $4. The bill would revert the amount of the fee back to Sl on
and after January 1, 2024. The bill, in any city, county, or city and county
that does not issue a business license or an equivalent instrument or permit,
would require an applicant for a building permit to pay an additional fee of
$4 on and after January 1, 2018, and until December 31, 2023, and an
additional fee of $1 on and after January 1, 2024, for the building permit,
to be collected by the city, county, or city and county that issued the building
permit.
(2) Existing law requires that the city, county, or city and county retain
70% of the fees collected under the above -described provision, to be used
to, among other things, fuhd increased CASp services in that jurisdiction
for the public, thereby making an appropriation. Existing law requires that
the remaining 30% of the fees be transmitted on a quarterly basis to the
Division of the State Architect for deposit in the Disability Access and
Education Revolving Fund, a continuously appropriated fund.
This bill, on and after January 1, 2018, and until December 31, 2023,
inclusive, would require the city, county, or city and county to instead retain
90% of the fees collected. The bill would revert the amount retained back
to 70% on and after January 1, 2024. The bill would also require the moneys
retained by the city, county, or city and county to instead be deposited in a
special fund, established by the city, county, or city and county to be known
as the "CASp Certification and Training Fund;' and used for increased
CASp training and certification within that local jurisdiction, thereby making
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EXHIBIT 1
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Ch. 667 — 2 —
an appropriation by expanding the purposes for which the retained fee
moneys are required to be spent.
By extending the operation of fees deposited in the Disability Access and
Education Revolving Fund, thereby increasing the amount of money in a
continuously appropriated fund, this bill would make an appropriation.
(3) By extending the operation of the above -described fee, thereby
requiring local officials to collect and allocate these revenues beyond
December 31, 2018, this billwould impose a state -mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state, reimbursement
for those costs shall be made pursuant to the statutory provisions noted
above.
Appropriation: yes.
The people of the State of California do enact as follows:
SECTION 1. Section 4467 of the Government Code is amended to read:
4467. (a) (1) On and after January 1, 2013, through December 31, 2017,
inclusive, any applicant for a local business license or equivalent instrument
or permit, and from any applicant for the renewal of a business license or
equivalent instrument or permit, shall pay an additional fee of one dollar
(SI) for that license, instrument, or permit, which shall be collected by the
city, county, or city and county that issued the license, instrument, or permit.
(2) On and after January 1, 2018, through December 31, 2023, the
following shall apply:
(A) Any applicant for a local business license or equivalent instrument
or permit, and any applicant for the renewal of a business license or
equivalent instrument or permit, shall pay an additional fee of four dollars
($4) for that license, instrument, or permit, which shall be collected by the
city, county, or city and county that issued the license, instrument, or permit.
. (B) In any city, county, or city and county that does not issue a business
license or an equivalent instrument or permit, an applicant for a building
permit shall pay an additional fee of four dollars (S4) for that building permit,
which the city, county, or city and county that issued the building permit
shall collect.
(3) On and after January 1, 2024, the following shall apply:
(A) Any applicant for a local business license or equivalent instrument
or permit, and any applicant for the renewal of a business license or
equivalent instrument or permit, shall pay an additional fee of one dollar
(Sl) for that license, instrument, or permit, which shall be collected by the
city, county, or city and county that issued the license, instrument, or permit.
(B) In any city, county, or city and county that does not issue a business
license or an equivalent instrument or permit, an applicant for a building
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permit shall pay an additional fee of one dollar (S l) for that building permit,
which the city, county, or city and county that issued the building permit
shall collect.
(b) (1) The city, county, or city and county shall retain the percentage
of the fees collected under this section as specified in paragraph (2), of
which up to 5 percent of the retained moneys may be used for related
administrative costs of this chapter. The city, county, or city and county
shall deposit the remaining moneys in a special fund, established by the
city, county, or city and county to be known as the "CASp Certification and
Training Fund." The moneys in the fund shall be used for increased certified
access specialist (CASp) training and certification within that local
jurisdiction and to facilitate compliance with construction -related
accessibility requirements. The highest priority shall be given to the training
and retention of certified access specialists to meet the needs of the public
in thejurisdiction as provided in Section 55.53 of the Civil Code.
(2) The amount of fees collected under this section and retained by the
city, county, or city and county shall be in the following amounts:
(A) On and after January 1, 2018, through December 31, 2023, inclusive,
90 percent.
(B) On and after January I, 2024, 70 percent.
(c) The remaining amount ofall fees collected under this section and not
retained by the city, county, or city and county pursuant to subdivision (b)
shall be transmitted on a quarterly basis to the Division of the State Architect
for deposit in the Disability Access and Education Revolving Fund
established under Sections 4465 and 4470. The funds shall be transmitted
within 15 days of the last day of the fiscal quarter. The Division of the State
Architect shall develop and post on its Internet Web site a standard reporting
form for use by all local jurisdictions. Up to 75 percent of the collected
funds in the Disability Access and Education Revolving Fund shall be used
to establish and maintain oversight of the CASp program and to moderate
the expense of CASp certification and testing.
(d) Each city, county, or city and county shall make an annual report,
commencing March 1, 2014, to the Division of the State Architect of the
total fees collected in the previous calendar year and of its distribution,
including the moneys spent on administrative services, the activities
undertaken and moneys spent to increase CASp services, the activities
undertaken and moneys spent to fund programs to facilitate accessibility
compliance, and the moneys transmitted to the Disability Access and
Education Revolving Fund.
SEC. 2. If the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.
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