|CITY COUNCIL AGENDA ITEM NO. 21
Meeting Date: August 26, 2008
Subject/Title: Adopt a Resolution Adopting the 2008/09 Cost Allocation Plan
& Schedule of City Fees
Prepared by: Kerry Breen, Business Services Manager
Marna Huber, Management Analyst
Submitted by: Pamela Ehler, Director of Finance and Information Systems
Adopt a Resolution Adopting the 2008/2009 Cost Allocation Plan and Schedule
of City Fees.
In April of 2000, the City contracted with DMG-Maximus to update current
City fees & charges. DMG-Maximus worked with City staff in Community
Development, Public Works, Parks & Recreation, and Police in order to
develop a system for updating the fee-for-service charges provided by these
departments. City staff provided information relating to the actual time it
takes to produce or complete each user fee or permit service. The hourly
rate calculations were applied to the actual time estimates to come up with
a total cost of providing each user fee activity. The total costs were then
compared to the current fees to yield an over or under-recovery of costs.
Fees were then adjusted up or down to equal cost. A plan was developed to
calculate these fees. The Cost Allocation Plan is updated annually.
On November 14, 2000, by Resolution No. 2198 the City Council adopted the
DMG-Maximus Report for computing fees for City services and revising the
City’s service fees.
The City Council has periodically revised development impact fees for public
facilities, including the most recent revisions contained in Resolution
2005-222 adopted on September 13, 2005.
On August 28, 2007, by Resolution No. 2007-197, the City Council adopted the
2007/2008 Cost Allocation Plan and revised the City’s Service Fees.
State law requires that fees be reasonably related to the actual cost of
providing the service. The purpose of a Cost Allocation Plan is to conform
to state law and to have a method to recover direct and indirect costs
associated with providing services and establish a framework for computing
fees and charges. The Cost Allocation Plan computes two overhead factors,
departmental and City-wide, both of which are applied against direct costs
to determine the total cost of providing a given unit of service.
Departmental and City-wide overhead factors are based on the distribution of
expenditure categories including personnel, operating and ongoing capital
costs as outlined below:
Departmental and Other
Community Development 42.95%
Public Works 129.73%
Parks and Recreation 104.34%
Other City-wide 31.32%
The Candidate Filing Fee of $25.00 is removed from the Fee program. This fee
is set per California Election Code section 10228 which requires that the
fee be set by Ordinance. Staff will prepare an ordinance for Council
consideration to address this fee.
The Passport Execution Fee was reduced from $30.00 to $25.00. The fee was
lowered by the Federal Government according to Federal Regulations. The City
may not charge anything additional.
As a house keeping measure, staff updated the fee sheet based upon fees
listed in the City’s Municipal Code which include Peddler/Solicitor Permit
found in section 5.48.050 and Taxi Permit per section 5.60.050.
The fee for subpoenaed staff as witness is being added to the fee program
pursuant to California Government Code Section 68096.1 (b) which states that
the amount of one hundred fifty dollars together with the subpoena shall be
tendered to that local agency for each day that the employee is required to
remain in attendance pursuant to the subpoena.
Pursuant to Election Code 13307, a candidate’s statement of qualifications
may be filed by the candidates. An estimate for the cost of printing a
candidate’s statement of qualifications is provided to the City from the
County. The candidate is charged the cost of the estimate. Once the actual
costs are received from the County, the candidate is notified, if they have
paid an amount in excess of the actual costs the amount will be refunded to
the candidate and if the estimate is under the actual costs, the candidate
will be billed for the amount owed.
The environmental filing fees payable to the County Clerk and Department of
Fish and Game are collected from project applicants along with planning
application fees for certain projects requiring posting of the environmental
determination at the County Clerk’s Office. The fees collected on behalf of
this process are included within the Cost Allocation Plan as “actual cost.”
The fees associated with Park Planning that are now included within the
Community Development Department fee structure are now rounded to the
nearest dollar for all fees over $50.00.
The Habitat Planning Fees are included within the Fee program as approved by
City Council on October 9, 2007.
The Outdoor Dining/Display Fees are included within the Fee program as
approved by City Council on December 11, 2007.
On May 13, 2008, the Residential Condominium Conversion Fee was established
and is included within the established fee schedule.
Plan check fees which were previously separate from entitlement processing
have been consolidated into a single fee. This assures that both fees will
be collected at the time of initial application since the individual fees
are components of a single entitlement activity. A separate Design Review
Non-Residential Plan Check fee was retained. This fee is for performing plan
check services for non-residential accessory structures. No entitlement fee
is charged for the accessory structure but plan check services are provided.
The following has been added to clarify the Council Policy as stated in the
CAP as to the timing of fee collection. “All Planning Fees shall be
collected at the time of the initial application for the entitlement
Building Fees now include a better more thorough reference to the Municipal
Code authorized Master Plan Check Program. An adjustment to the inspection
times (where applicable) from ½ hour to 1 hour was made to more accurately
reflect time spent by City staff.
A flat rate schedule is now included for window replacement to provide a
consistent fee schedule that accurately reflects time spent by City staff
for issuance and inspection services.
A flat rate schedule is now included for photovoltaic systems. This creates
a consistent fee schedule that accurately reflects time spent by City staff
for issuance and inspection services. This will facilitate the installation
of photovoltaics by making the cost to the applicant easily known and
uniform in application.
A reissuance fee has been included that would be collected when a building
permit is reissued. The fee is ½ of the fee in affect at the time of
A completion fee has been added that equitably addresses situations where
contractors abandon a project, homes go into foreclosure or homes are sold
without permits having been finalized. This fee covers staff time expended
when work is to be performed by a third party not associated with the
Provide a simplified permit for minor residential remodels for residential
permits only when the work is localized to one area and the item count is
ten (10) or less such as a bathroom remodel. Under the existing fee
structure, the cost of electrical, plumbing and mechanical permit fees for a
bathroom remodel could exceed the cost of the work performed. This fee will
more accurately reflects time spent by City staff for issuance and
As approved by City Council on May 13, 2008, in support of the City’s
collection policy, a fee sheet has been added associated with attorney
services, collection agency services and lien and assessments necessary
during collection efforts.
The $250.00 late fee and 5% delinquency penalty is now included within the
Utility Billing Fee sheet as approved by Ordinance 741, adopted in April
2003 for late return of water meters and/or late payment of balance due.
The Aquatic Fees coincide with the fees adopted by City Council on December
11, 2007. The current activity’s guide includes these fees for the 2008 swim
season. The CPI fee adjustments will go into effect on January 1, 2009 for
the 2009 swim season as noted within the current fee schedule.
Special event registration fees such as the “fun run” are rounded to the
nearest dollar. This fee can be prepaid but is usually collected at the
The gasoline cost associated with the generator rental has been updated to
reflect “actual cost” in the fee schedule.
The Brentwood Union School District Facilities Fee Schedule which includes
Gym use fees was removed as the newly created MOU between the City of
Brentwood and the Brentwood Union School District will cover this use.
Staff will begin rounding those Park and Recreation fees which are updated
by CPI to the nearest dime which will occur in July, 2009. The fees within
the Parks and Recreation fee sheets that are not subject to CPI increases
are: Deposits and Insurance, Jr. Life Guard (set by Council Resolution in
December 2007), and the Brentwood Senior Club Socials and Card Memberships,
which are pass through accounts.
The Tentative Map Review Fee had been split into two separate fees which
better reflect the additional time required for review of Tentative
Subdivision Maps associated with development projects; whereas tentative
parcel maps are processed for the sole purpose of dividing property and do
not typically include additional improvements. The Tentative Parcel Map
Review fee has been established at $1,500 + $10 per lot.
The initial deposit for Final Map Checking has been increased to cover the
actual costs associated with labor. As with deposit accounts, any funds
remaining at project completion are returned to the applicant.
Staff has included the current price to purchase compost bins of $55.00
within the Solid Waste fee sheet. The sale of compost bins are part of the
Solid Waste Enterprise educational program to promote home composting which
helps in meeting our state mandated landfill diversion.
The seasonal distribution of leaf bags has been added to the Solid Waste fee
sheet in order to provide free leaf bags to customers annually from October
1 through January 31. This program helps to keep storm drains clean and will
increase the recycling of yard waste material. The cost associated with the
free leaf bags is approximately $1,000 per year.
Staff has included a fee for water and wastewater sample analysis that could
be performed for customers, local water and wastewater agencies. This fee
would generate a slight increase to revenue however staff is not certain of
how many samples would be analyzed at this time. Staff has conducted an
analysis of time to process and analyze samples and established associated
costs for each sample based upon this analysis. The fees will compensate for
staff time and materials used to complete the analysis, no additional staff
will be required as most tests will be completed in conjunction with routine
samples that the City is currently required to perform at this time.
As part of the City’s water conservation efforts, the Waterwise CD that
identifies various landscaping options with low water usage materials and
plants is now free of charge to Brentwood Residents unless mailed to the
customer, postage costs would then be collected.
The City will review and update the fees and charges on an annual basis. All
Fees are proposed to be adjusted at the beginning of each fiscal year by the
annual changes to the Consumer Price Index (CPI), unless a fee is tied to an
alternate index such as the Engineering News Record (ENR). A CPI of 3.2% was
used for all applicable fees in the Cost Allocation Plan. The application of
the CPI percentage to our existing fees result in odd cents being included
in the new fee calculations. For ease of collection and recordkeeping,
certain fees are then rounded to the nearest dollar or nearest quarter. Fees
rounded to the nearest dollar include the Regional Growth Management Program
(RGMP), Downtown Parking In-Lieu, Affordable Housing, and Planning and
Engineering Fees over $50 which are not already tied to specific hourly
rates in the Cost Allocation Plan. Police Fees are rounded to the nearest 25
cents with the exception of the per page copy fee which is the same as
A copy of the 2008/2009 Cost Allocation Plan is available for public review
in the City Clerk’s office, Public Works Engineering Division lobby,
Community Development lobby, Parks and Recreation lobby and at the Brentwood
The updates to the fees contained within the Cost Allocation Plan are
established to cover costs associated with a particular use and/or service.
The fiscal impact is unknown at this time, however, fiscal impact will be
reflected in the financial reports given to Council every quarter.
2008/09 Cost Allocation Plan
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE
2008/09 COST ALLOCATION PLAN.
WHEREAS, Government Code Sections 65104, 65909.5, 66014 and 66451.2 allow
the City to establish fees to offset the City’s administrative costs in
processing permits, licenses, subdivision maps and entitlements; and
WHEREAS, Brentwood Municipal Code § 17.800 requires payment of such
processing fees in conjunction with any application submitted for permits,
licenses, subdivision maps and entitlements; and
WHEREAS, November 14, 2000, by Resolution No. 2198 the City Council adopted
the DMG-Maximus Report for computing fees for City services and revising the
City services fees; and
WHEREAS, the City has compiled certain Cost Allocation Plans, the most
recent of which was adopted August 28, 2007, to compare direct and indirect
administrative costs in providing various services to the community; and
WHEREAS, the City Council has periodically revised development impact fees
for public facilities, including the most recent revisions contained in
Resolution 2005-222 adopted on September 13, 2005; and
WHEREAS, on May 27, 2008, the City Council adopted the 2008/09 – 2012/13
Capital Improvement Program which is an integral part of the overall system
of public facility development; and
WHEREAS, the City Finance Department researched and developed the Cost
Allocation Plan and City Fees, Fiscal Year 2008/09 report, which develops a
model for computing fees to cover the City’s direct and indirect (overhead)
administrative costs incurred in response to requests for permits, maps,
licenses and entitlements, and which proposes a revised schedule of such
WHEREAS, the Report and supporting data were available for public inspection
and review for ten (10) days prior to this public hearing; and
WHEREAS, a public hearing has been noticed and held in accordance with
Government Code Section 66018; and
WHEREAS, the City Council has considered the information provided to it by
those testifying, and has reviewed and considered the information provided
in the staff report and staff presentation and has read and considered the
Report and supporting data.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Brentwood:
Section 1. Findings:
The Council makes each of the following findings:
A. That CEQA does not apply to the adoption of this Resolution, pursuant to
Sections 15061 and 15273 of the State CEQA Guidelines because:
1. The fees established by this Resolution will be collected for the
purposes of meeting operational expenses and maintaining service to those
that request it; and
2. Because the fees authorized by this Resolution will be collected at the
application stage of the project, CEQA review will take place during the
processing of the project. Therefore, it can be seen with certainty that the
adoption of this Resolution establishing processing fees will not have a
significant effect on the environment.
B. The purpose of the processing fees is to support those City services
which are undertaken as a direct or indirect result of members of the public
using the services of the City, in particular the services of permits,
licenses, subdivision maps and entitlements.
C. After considering the Report and supporting data and the testimony
received at this public hearing, the Council approves and adopts the 2008/09
Cost Allocation Plan and the Report, and incorporates them herein, and
further finds that future development in the City of Brentwood will generate
a continued need for the services specified in the Report.
D. The Report and the testimony establish:
1. That there is a reasonable relationship between the need for the fee and
the type of service for which the fee is imposed; and
2. That there is a reasonable relationship between the amount of the fee and
the estimated reasonable cost of providing the type of service for which the
fee is imposed; and
3. The amount of service provided does not exceed what is reasonably
necessary in order to process the requested service; and
4. That the cost estimates set forth in the 2008/09 Cost Allocation Plan and
the Report are reasonable and best approximate the direct and indirect
(overhead) costs of City staff and consultants for providing the necessary
service to respond to the public’s requests
E. The method of allocating the City’s administrative costs of processing
service bears a fair and reasonable relationship to each member of the
public’s burden on, and benefit from, the services requested by that member.
F. The fees do not exceed the estimated reasonable cost of providing the
service for which the fee is charged.
Section 2. Fees Imposed:
A. Each person requesting a service in the City of Brentwood for which a fee
is imposed pursuant to the Report shall pay the processing fee set forth in
B. On July 1 of each year, all fees not tied to an alternate index and/or
requirement shall be automatically adjusted by an amount equal to the
percentage of increase or decrease in the consumer price index for this
region, as last computed before the July 1 date.
C. The fees may also be adjusted if the City updates or modifies the Cost
Allocation Plan or the Report and conducts a public hearing to implement a
new or revised fee or fees based upon such update or modification.
D. The applicable fee shall be determined on the basis of the fee schedule
in effect at the time the application is submitted to the City for the
requested service. The fee shall be payable in full at the time the
application is submitted.
E. The adoption of this Resolution does not affect the ability of the City
to request an agreement between the applicant and the City to pay
extraordinary processing costs and to establish deposit accounts.
F. Notwithstanding anything to the contrary herein, the fee for copying
public records requested by a member of the public, shall not exceed the
direct costs of duplication.
G. Staff will begin rounding those Park and Recreation fees which are
updated by CPI to the nearest dime which will occur in July, 2009. The fees
within the Parks and Recreation fee sheets that are not subject to CPI
increases are: Deposits and Insurance, Jr. Life Guard (set by Council
Resolution in December 2007), and the Brentwood Senior Club Socials and Card
Memberships, which are pass through accounts.
H. The CPI fee adjustment for Aquatic fees will go into effect on January 1,
2009 for the 2009 swim season as noted within the current fee schedule. The
modification to the CPI effective date for Aquatic fees will occur annually.
Section 3. Fee Adjustment or Waiver or Reimbursement:
A person subject to the fee imposed pursuant to this Resolution may apply to
the City Council for adjustment to that fee, or a waiver of that fee, or
reimbursement of part or all of the fee, solely by following the written
protest procedure in the time and manner provided by Government Code Section
66020 and detailing the reasons for the adjustment, waiver or reimbursement.
A. A person subject to the fees imposed pursuant to this Resolution that
desires an adjustment or waiver of such fees shall follow the protest
procedure contained in Government Code Section 66020 (as may be amended),
and within the time frame set forth in subsection (d) thereof (as may be
amended) or risk the loss of the legal ability to request such adjustment or
waiver. In no event shall the City waive its right to rely on other
applicable limitations periods, including without limitation those set forth
in Government Code Section 66022 (as may be amended).
B. A person may apply to the City Council for an adjustment to the fees by
filing an application with the City Clerk. The application shall be made in
writing and must identify the reasons why the City’s processing fees should
be adjusted. At a minimum, the reasons should explain why a reasonable
relationship is lacking between the service provided by the City, the costs
incurred by the City for such service and the fees imposed by the City for
C. The application shall be filed with the City Clerk no later than the
deadline for filing protests as mentioned in subpart A. above. The City
Clerk will present the application to the City’s Finance Director or
D. The City’s Finance Director, or designee, shall make a written
determination on the application. The City’s Finance Director, or designee,
may authorize an adjustment so long as the adjustment does not exceed Ten
Percent of the total amount of fees sought to be imposed by the City.
Recommendations by the City’s Finance Director, or designee, for adjustments
in excess of Ten Percent will be forwarded to the City Council for final
determination. The method and timing of implementing the adjustment is
subject to the discretion of the City’s Finance Director (or designee) or
City Council where applicable.
E. Any adjustment granted is limited to the project as proposed. If there is
any change in the project, the fee adjustment is suspended so that the
City’s Finance Director, or City Council where applicable, may re-evaluate
where the adjustment is still appropriate.
F. Decisions of the City’s Finance Director, or designee, are subject to
appeal to the City Council so long as such appeal is made in writing and
within ten (10) days of the decision.
Section 4. Use of Fee Revenues:
The revenues raised by payment of these fees, along with any interest
earned, shall be used to pay for the City’s administrative costs spelled out
in the Report, including without limitation the capital costs and labor and
contract costs directly or indirectly associated with providing the
Section 5. Subsequent Analysis of the Fees:
The fees established herein are adopted and implemented by the Council in
reliance on the comprehensive studies that have been prepared by the City
and consultants to the City. During the coming years, the City will continue
to gather additional information that may affect the nature, scope and type
of services to be provided in response to requests of the public.
Notwithstanding any term or condition of any permit, subdivision map,
license or entitlement granted by the City, it is existing policy that the
City Council may revise the fees to incorporate the findings and conclusions
of further studies, as well as increases due to inflation, and that such
revisions shall apply to any prior approved projects, as well as new
Section 6. Effective Date of Revised Fees:
Fees governed by Government Code 66000-66025 shall be effective sixty (60)
days after the adoption of this Resolution provided, however, that, upon
enactment of this Resolution, any person may pay the revised fees instead of
the current fees. All other fees set forth in the 2008/2009 Cost Allocation
Plan were increased by the CPI, appropriate index as identified or
appropriate percentage on July 1, 2008 per Resolution 2007-197. Newly
established fees in the 2008/2009 Cost Allocation Plan shall be effective
Section 7. Severability:
Each component of the fees and all portions of this Resolution are
severable. Should any individual component of the fee or other provision of
this Resolution be adjudged to be invalid and unenforceable, the remaining
provisions shall be and continue to be fully effective, and the fee shall be
fully effective except as to that portion that has been judged to be
Section 8. Repeal of Inconsistent Resolutions:
Resolution No. 2007-197 is hereby repealed.
Section 9. Statute of Limitations:
Any judicial action or proceeding to attack, review, set aside, void, or
annul the fees established by this Resolution, or the Resolution itself,
shall be commenced within one hundred twenty (120) days of the passage of
this Resolution. Any action to attack an adjustment adopted pursuant to
Sections 2, 3 or 5 shall be commenced within one hundred twenty (120) days
of the adjustment.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting held August 26, 2008 by the following vote: