The Dunnigan Fire Protection District has requested a fee waiver for the Environmental Health fees for the installation of a new septic system or major repair of the existing septic system at the fire station located at 29145 Main Street, Dunnigan (Attachment A).
The existing septic system at the fire station is failing. A major repair of the existing system or the installation of a new septic system is required to protect the health of the public. The fire station site and the existing septic system are currently being evaluated by a qualified septic professional and Environmental Health to determine if the existing septic system can be repaired or if a new septic system is needed.
The following table itemized the fees related to the requested fee waiver:
Highest Possible Fees required:
| Site Evaluation |
$1,021.00 |
| Property Line Setback Reduction |
$174.00 |
| Septic Installation Permit for non-standard Pressure Dose (PD) system |
$1,389.00 |
| Operating Permit |
$323.00 |
| Total |
$2,907.00 |
Lowest Possible Fees required:
| Site Evaluation |
$1,021.00 |
| Property Line Setback Reduction |
$174.00 |
| Septic System Variance (Variance Request to install a gravity instead of a PD) |
$646.00 |
| Major Repair Installation Permit for a gravity system (replacement of leach field) |
$837.00
|
| Total |
$2,678.00 |
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).
- The total amount of the reduction requested and approved reductions in the past: The total amount of the fee waiver is up to $2,907.00. 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 Dunnigan Fire Protection District.
- 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.
- 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 fee waiver is requested by the Dunnigan Fire Protection District, a public agency, which provides firefighting and medical emergency services to the public. Therefore granting of the fee waiver will not create an unconstitutional gift of public funds.
- 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 fee amounts listed in the tables above reimburse costs directly related to the functions of reviewing and issuing permits and performing inspections.
- A finding that describes one or more of the following:
i. 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 Dunnigan Fire District has not provided any information indicating that the payment of these fees would cause an economic hardship.
ii. 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 Dunnigan Fire Protection District is a combination fire department, with both paid and volunteer firefighters. They provide "All Hazards Response", which includes (but is not limited to): fires of all types, emergency medical services, vehicle accidents, public assistance, emergency stand-byes, and hazardous materials response- first responder level. As such, the Dunnigan Fire Protection District provides uncompensated services to the County that are of comparable value to the proposed fee waiver.
iii. The payor engages in activities that specifically advance the County's strategic goals. Installation of the new septic system or repair of the existing septic system at the fire station is needed to protect the health of the public, protect water quality and to allow the Dunnigan Fire Protection District to have a continuously manned fire station that can respond to emergencies 24 hours a day. In this way, the Dunnigan Fire Protection District's request advances the County's Strategic Plan Goal for Thriving Residents by protecting consumers from public health threats; and Safe Communities by addressing service delivery and critical infrastructure needs in unincorporated communities; and Sustainable Environment by protecting water quality.
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 Dunnigan 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 (up to $2,907.00).
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