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Consent-Community Services # 32.
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| Board of Supervisors |
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| Subject |
| Approve request from the Zamora Fire Protection District to waive building permit fees in the amount of $486.20 for the installation of a new stove and fire suppression hood at the Zamora Town Hall; and approve the transfer of money from the general fund to the Department of Community Services budget to backfill the cost of services. (General fund impact $486.20) (Echiburu/Lindbo) |
| Recommended Action |
- Approve request from the Zamora Fire Protection District to waive building permit fees in the amount of $486.20 for the installation of a new stove and fire suppression hood at the Zamora Town Hall; and
- Approve transfer of money from the general fund to the Department of Community Services budget to backfill the waiver of the fees in the amount of $486.20.
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| Strategic Plan Goal(s) |
Thriving Residents
Safe Communities |
| Reason for Recommended Action/Background |
The Zamora Fire Protection District has requested a fee waiver for building permit fees for the installation of a new stove and fire suppression hood at the Zamora Town Hall. (Attachment A). The Zamora Town Hall is a public building that serves the Zamora community by providing a place for community meetings and events. Oftentimes food is heated or prepared on the stove at the hall to serve meeting attendees.
The reason for the replacement of the stove, according to the Zamora Fire Protection District, is that the current stove is old and unsafe, and there is not a fire suppression hood above the stove currently. The proposed work will improve the utility and safety of the building. Permits and inspection are necessary to assure proper installation of the appliance and fire suppression hood system.
The following table itemized the fees related to the requested fee waiver:
| Department |
In/Direct Cost |
Description |
Amount |
| State of California |
Mandated Fee |
Building Standard Fee |
$1.00 |
| State of California |
Mandated Fee |
Seismic Fee |
$10.64 |
| Building Division Fee |
Direct Fee |
Permit Application/Issuance Fee |
$65.00 |
| Building Division Fee |
Indirect Fee |
Issuance Technology Fee |
$3.90 |
| Building Division Fee |
Direct Fee |
Commercial Kitchen Hood System |
$390.00 |
| Building Division Fee |
Indirect Fee |
Fire Technology Fee |
$27.30 |
| Subtotal All Fees |
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$497.84 |
| Less State Mandated Fees |
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Not Subject to Waiver |
<11.64> |
| Total Fee Waiver Request |
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$486.20 |
The State mandated fees totaling $11.64 are ineligible for waiver consideration because the County does not have the authority to waive state mandated fees. Therefore the total amount eligible for consideration under the requested fee waiver is $486.20.
The County Administrative Policy and Procedures Manual, policy on Cost Recovery and Fees states "no board-approved fees or charges can be reduced or waived without the specific approval of the Board of Supervisors" (Attachment B). The policy requires staff to evaluate the fee waiver request based on specific criteria in the policy. Consistent with this policy, staff has evaluated the fee waiver request and submits the following findings as per Section C(3)(b).
1. The total amount of the reduction requested and approved reductions in the past: The total amount of the fee waiver is $486.20. Staff searched available records for the past 10 years and was unable to find requests during this time period for a fee waiver by the Zamora Fire Protection District.
2. In regard to fees related to construction projects, a finding that the waiver or reduction does not create a public work: The requested fee waiver and granting of the fee waiver does not create a public work.
3. A finding that the waiver or reduction does not create a [unconstitutional] gift of public funds: All fee waivers constitute gifts of public funds. However, the relevant issue is whether the gift of public funds is unconstitutional because it is not used for a public purpose. The requested fee waiver relates to the installation of a stove and required fire suppression hood at the Zamora Town Hall, which is a county-owned building; and the fee waiver is requested by the Zamora Fire Protection District, a public agency. The requested fee waiver will benefit residents and business operators of the Town of Zamora and surrounding areas. Therefore granting of the fee waiver will not create an unconstitutional gift of public funds.
4. A finding that the fee meets at least one of the criteria listed in Section C(2)(a) of the Policy on Cost Recovery and Fees, Yolo County Administrative Policies and Procedures Manual [relating to fees for permitting costs and related factors] in regard to the payor: The fees requested for waiver meet at least one of the criteria, as they pertain to fees typically collected for reasonable regulatory costs incidental to the issuance of permits and performance of inspections. The majority of the fee amounts listed in the table above reimburse costs directly related to the functions of reviewing and issuing permits and performing inspections. The only exceptions are the Issuance Technology Fee and Fire Technology Fee, which are used to reimburse the Department costs associated with the hardware and software that allow permits to be processed more efficiently and accurately.
5. A finding that describes one or more of the following:
- The payment of the fee would cause economic hardship (defined in U.S. treasury regulations as the inability to meet reasonable basic living expenses) due to the financial condition of the payor. The Town of Zamora is a community with limited means. In their request for a fee waiver, the District has stated "payment of the fee for the permit would result in reduced funding for other important services that directly serve the Zamora community."
- The payor is making a net economic contribution to the County that exceeds the amount of the fee; or is providing uncompensated services to the County that are of comparable value to the fee. The Zamora Fire Protection District provides volunteer fire protection and medical response services within the Town of Zamora and rural agricultural areas, as well as to those visitors traveling to the area. As such, the Zamora Fire Protection District provides uncompensated services to the County that are of comparable value to the proposed fee waiver.
- The payor engages in activities that specifically advance the County's strategic goals. Installation of the new stove and required fire suppression hood at the Zamora Town Hall will allow the facility to continue to provide a community gathering place for community meetings, youth services, such as 4-H meetings, and other assembly uses. The stove is used for heating and preparing foods for meetings and other community gatherings, which enhances the utility of the town hall. In this way, the Zamora Fire Protection District's request advances the County's Strategic Plan Goal for Thriving Residents by expanding best practices in programs benefiting children; and Safe Communities by addressing service delivery and critical infrastructure needs in unincorporated communities.
Based on the above findings, the Board of Supervisors has the discretion to grant the requested fee waiver. The Community Services Department budget does not contemplate fee waivers and its overhead allocation is insufficient to cover the requested amount. Therefore should the Board wish to grant the Zamora Fire Protection District the requested fee waiver, staff recommends that the Board authorize a General Fund transfer to the Department's budget in the amount of the corresponding direct costs associated with the request ($486.20). |
| Collaborations (including Board advisory groups and external partner agencies) |
Zamora Fire District
County Counsel |
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| Fiscal Impact |
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| Source of Funds for this Expenditure |
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Explanation (Expenditure and/or Revenue) |
| Further explanation as needed: |
| The cost of the requested fee waiver pays for direct and indirect costs associated with plan review and approval, inspections, tools and equipment, and other related costs as per County adopted fees. |
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