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Home My WebLink About75C - PH - RESO MISC FEE SCHEDULEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 6, 2010 TITLE: PUBLIC HEARING - RESOLUTION MODIFYING THE FY 2010-11 MISCELLANEOUS FEE SCHEDULE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 15t Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution to modify the Fiscal Year 2010-11 Miscellaneous Fee Schedule. DISCUSSION The FY 2010-11 Miscellaneous Fee Schedule was established by City Council with the adoption of the FY 2010-11 budget. These various fees associated with city services, building fees and enterprise fees generate revenue for the City's various funds. Since the establishment of the FY 2010-11 Miscellaneous Fee Schedule, it has become necessary to review and adjust the costs of providing some of the programs, activities, and applications (Exhibit 1). The City of Santa Ana has been designated as an Enterprise Zone (EZ) by the State of California since 1993. The Santa Ana Enterprise Zone encompasses more than 11,790 acres of industrial and commercial land. Businesses located within the EZ qualify for certain tax incentives, including the Hiring Tax Credit. The Community Development Agency collects these Hiring Tax Credit voucher applications and the associated processing fee from the businesses or their representatives and issues vouchers. The current $90 fee includes a $10 processing fee assessed by the State Department of Housing and Community Development. With the passage of SB 856, signed by the Governor on October 19, 2010, the State fee was increased from $10.00 to $15.00, effective December 1, 2010. To compensate for the fee increase, staff recommends the Enterprise Zone Hiring Tax Credit Application Processing Fee be increased from $90.00 to $95.00 per application Also, with the passage of SB 857, signed by the Governor on October 19, 2010, section 76000.3 was added to the California Government Code to levy an additional $3.00 surcharge on all parking citations to be transmitted to the Trial Court Trust Fund. This additional parking surcharge is effective December 7, 2010 and requires the City to transmit an additional $3.00 for every citation collected to the County Treasurer on a monthly basis. Therefore, it is necessary for the City of Santa Ana to also incorporate this increase into all parking violation fees. 75C-1 FY 10-11 Misc. Fee Schedule Modifications December 6, 2010 Page 2 FISCAL IMPACT These fee increases will offset the additional charges by the State for Enterprise Zone Hiring Tax Credit Application Processing and Parking Fees. APPROVED AS TO FUNDS AND ACCOUNTS: d ?k*ffl?/ 'dr Cynthia J. Nelson Deputy City Manager for Development Services Community Development Agency Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency Paul M. Walters Chief of Police Police Department 75C-2 RESOLUTION 2010-xxx EXISTING PROPOSED REVENUE FY 10-11 FY 10-11 % ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE UNIT FEES FEES CHANGE SECTION X POLICE DEPARTMENT 55000 Parking a vehicle within 300 ft. of fire apparatus answering a fire alarm Pursuant to SAMC Sec. 36-41(7) Each 53.00 56.00 5.66% 55000 Permit required Special Parking District Pursuant to SAMC Sec. 36493 (a) Each 44.00 47.00 6.82% 55000 Parking in a red zone Pursuant to SAMC Sec. 36-131(1) Each 61.00 64.00 4.92% 55000 Parking in a yellow zone Pursuant to SAMC Sec. 36-131(2) Each 44.00 47.00 6.82% 55000 Parking in a white zone Pursuant to SAMC Sec. 36-131(3) Each 44.00 47.00 6.82% 55000 Parking in a green zone Pursuant to SAMC Sec. 36-131(4) Each 44.00 47.00 6.82% 55000 Parking in a blue (handicapped) zone Pursuant to SAMC Sec. 36-131(5) Each 108.00 111.00 2.78% 55000 Cancellation of citation (Disabled Placards) Each 25.00 25.00 55000 Parking in a "No Parking" zone Pursuant to SAMC Sec. 36-132 Each 65.00 68.00 4.62% 55000 No parking-street sweeping Pursuant to SAMC Sec. 36-133 Each 60.00 63.00 5.00% 55000 Parking in violation of "emergency no parking sign" Pursuant to SAMC Sec. 36-134 Each 65.00 68.00 4.62% 55000 Parking in alley Pursuant to SAMC Sec. 36-135(a) Each 52.00 55.00 5.77% 55000 Stopping, standing or parking a vehicle Win parkway Pursuant to SAMC Sec. 36-135(b) Each 52.00 55.00 5.77% 55000 Parking at certain places and for certain purposes Pursuant to SAMC Sec. 36-136 Each 52.00 55.00 5.77% 55000 For sale; inoperable vehicles; repairing vehicles Pursuant to SAMC Sec. 36-136(a) Each 60.00 63.00 5.00% 55000 Parking over 72 hours Pursuant to SAMC Sec. 36-136(b) Each 60.00 63.00 5.00% 55000 Parking on left side of one-way roadway Pursuant to SAMC Sec. 36-136(d) Each 36.00 39.00 8.33% 55000 Parking outside of lapping marked parking Pursuant to SAMC Sec. 36-138(a) Each 44.00 47.00 6.82% 55000 Angle parking prohibited in certain areas Pursuant to SAMC Sec. 36-139 Each 44.00 47.00 6.82% 55000 Parking in restricted areas. Time limit parking Pursuant to SAMC Sec. 36-142 Each 44.00 47.00 6.82% 55000 Overnight parking prohibited in certain areas Pursuant to SAMC Sec. 36-144 Each 36.00 39.00 8.33% 55000 Parking any commercial vehicle over 10,000 lbs. In a residential district for a period of time longer than two(2) hours prohibited Pursuant to SAMC Sec. 36-145 Each 75.00 78.00 4.00% 55000 Parking on City property Pursuant to SAMC Sec. 36-147 Each 36.00 39.00 8.33% Exhibit 1 75C-3 RESOLUTION 2010-xxx REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE 55000 Parking on property of Joint Powers Agency-city is member Pursuant to SAMC Sec. 36-147.1 55000 Parking in metered space time expired or beyond max. time Pursuant to SAMC Sec. 36-402(1) 55000 Parking outside of painted or marked area of metered space Pursuant to SAMC Sec. 36-402(2) 55000 Park any vehicle restricting traffic (ingress/egress) Pursuant to SAMC Sec. 36-432(2) 55000 Park any vehicle with trailer, etc., restricting traffic Pursuant to SAMC Sec. 36-432(4) 55000 Red no parking areas-striped no parking areas Pursuant to SAMC Sec. 36-432(5) 55000 Parking outside/across designated parking lines Pursuant to SAMC Sec, 36-432(6) 55000 Parking overtime on public parking lot Pursuant to SAMC Sec. 36-432(9) 55000 Use metered spaces when meter indicates unlawful parking Pursuant to SAMC Sec. 36-432(11) 55000 Park any truck in excess of 2 tons in parking lot Pursuant to SAMC Sec. 36-432(12) 55000 Unauthorized parking in "handicapped" zone Pursuant to SAMC Sec. 36-432(15) 55000 Continued Time Zone Pursuant to SAMC Sec. 36-143 55000 Parking within an intersection Pursuant to CVC Sec. 22500(a) 55000 Parking within a crosswalk Pursuant to CVC Sec. 22500(b) 55000 Parking adjacent to safety zone Pursuant to CVC Sec. 22500(c) 55000 Parking within 15 ft. of driveway entrance of fire station Pursuant to CVC Sec. 22500(d) 55000 Parking on a sidewalk Pursuant to CVC Sec. 22500(f) 55000 Obstructing traffic by stopping, standing or parking alongside highway obstruction Pursuant to CVC Sec. 22500(g) 55000 Double Parking Pursuant to CVC Sec. 22500(h) 55000 Parking upon a bridge Pursuant to CVC Sec. 22500(k) 55000 Parked, right hand wheels more than 18" from right hand curb Pursuant to CVC Sec. 22502(a) 55000 Motorcycle parked, one wheel or fender not touching curb Pursuant to CVC Sec. 22502(e) 55000 Parked within 15 feet of fire hydrant Pursuant to CVC Sec. 22514 EXISTING PROPOSED FY 10-11 FY 10-11 % UNIT FEES FEES CHANGE Each 36.00 39.00 8.33% Each 53.00 56.00 5.66% Each 53.00 56.00 5.66% Each 53.00 56.00 5.66% Each 65.00 68.00 4.62% Each 53.00 56.00 5.66% Each 44.00 47.00 6.82% Each 44.00 47.00 6.82% Each 44.00 47.00 6.82% Each 53.00 56.00 5.66% Each 82.00 85.00 3.66% Each 44.00 47.00 6.82% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% Each 51.00 54.00 5.88% 2 75C-4 RESOLUTION 2010-xxx REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE 55000 Unattended vehicle, stop motor and set breaks Pursuant to CVC Sec. 22515(a) 55000 Parking in a space designated for disabled persons without a distinguishing plate or placard Pursuant to CVC Sec. 22507.8(a) 55000 Obstruct, block, or otherwise bar access to a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(b) 55000 Park or leave standing any vehicle, including one displaying plates or placard, on boundary lines marking a parking space designated for disabled persons Pursuant to CVC Sec. 22507.8(c) 55000 Entering an Intersection, Rail-crossing or crosswalk Pursuant to CVC Sec. 22526 55000 No Year or Month License Plate Tab Pursuant to CVC Sec. 5204 3 75C-5 EXISTING PROPOSED FY 10-11 FY 10-11 % UNIT FEES FEES CHANGE Each 57.00 60.00 5.26% Each 373.00 376.00 0.80°/ Each 373.00 376.00 0.80% Each 373.00 376.00 0.80% Each 168.00 171.00 1.79% Each 87.00 90.00 3.45% RESOLUTION 2010-xxx REVENUE ACCOUNT DEPARTMENT/MISCELLANEOUS FEE OR SERVICE 55000 No Vehicle Front/Rear License Plate Pursuant to CVC Sec. 5200 55000 Stopping/Parking in a Fire Lane Pursuant to CVC Sec. 22500.1 55000 Parking in Front of a Driveway Pursuant to CVC Sec. 22500 (e) SECTION III COMMUNITY DEVELOPMENT AGENCY 57018002-57991 Entereprise Zone Hiring Tax Credit Application Processing Fee 4 75C-6 EXISTING PROPOSED FY 10-11 FY 10-11 % UNIT FEES FEES CHANGE Each 87.00 90.00 3.45% Each 116.00 119.00 2.59% Each 51.00 54.00 5.88°/ Per Application 90.00 95.00 5.56% :11 /3/10 RESOLUTION NO. 2010- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA INCREASING FEES RELATING TO PARKING VIOLATIONS AND THE ENTERPRISE ZONE HIRING TAX CREDIT APPLICATION PROCESSING FEE IN THE FISCAL YEAR 10-11 MISCELLANEOUS FEE SCHEDULE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On June 7, 2010, the City Council adopted a Miscellaneous Fee Schedule to collect, in a single comprehensive document, a listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City; and B. The City Council finds in relation to City parking violation fees: 1. In order to address the funding shortages of the court system, the State of California has increased various court fees, including filing fees and penalty assessments; and 2. California Senate Bill 857, signed by the Governor on October 19, 2010, added section 76000.3 to the California Government Code to levy an additional $3.00 penalty on all parking citations to be transmitted to the Trial Court Trust Fund; and 3. The additional parking surcharge is effective December 7, 2010; and 4. The City is required to transmit the additional $3.00 for every citation collected to the County Treasurer on a monthly basis; and 5. It is necessary for the City to amend the current parking violation fees to account for the increased penalty. C. In relation to the Enterprise Zone Hiring Tax Credit Application Processing Fee: 1. California Senate Bill 856, signed by the Governor on October 19, 2010, increases from $10.00 to $15.00, the fee imposed by the 75C-7 Resolution No. 2010-XXX Page 1 of 3 California Department of Housing and Community Development on each application for a certification of tax eligibility requirements; and 2. The additional certification fee is effective December 1, 2010; and 3. It is necessary for the City to amend the Enterprise Zone Hiring Tax Credit Application Processing Fee to compensate for the state fee increase. Section 2. The City Council hereby increases the fees relating to Parking Violations by $3.00 each. Said new fees shall be imposed at the rates set forth in Exhibit 1 attached to this Resolution, and said fees shall be implemented and in effect as of the date of this Resolution. Section 3. The City Council hereby increases the Enterprise Zone Hiring Tax Credit Application Processing Fee by $5.00, from $90.00 to $95.00 per application. Section 4: To the extent that any fee or service charge established pursuant to City Council Resolution No. 2010-023 is inconsistent with the fees established pursuant to this Resolution, then said Resolution No. 2010-023 is hereby repealed. Section 5: If any surcharge or fee, 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 take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2010. Miguel A. Pulido Mayor 7508 Resolution No. 2010-XXX Page 2 of 3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Teresa L. Judd Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Resolution No. 2010- City of Santa Ana on _ Date: Clerk of the Council City of Santa Ana Clerk of the Council, do hereby attest to and certify the attached to be the original resolution adopted by the City Council of the 75C_9 Resolution No. 2010-XXX Page 3 of 3 75C-10