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  Time Set   # 25.       
Board of Supervisors   
Meeting Date: 12/12/2017  
Brief Title:    2017-18 Master Fee Update
From: Howard Newens, Chief Financial Officer, Department of Financial Services
Staff Contact: Tom Haynes, Chief Budget Official, Department of Financial Services, x8162
Supervisorial District Impact:

Subject
Hold a public hearing and approve an update to the 2017-18 Master Fee Resolution related to proposed fee changes associated with the Cannabis Taskforce, Clerk-Recorder, Community Services, Library, Probation and Public Defender departments. (General Fund revenue reduction $17,300) (Newens/Haynes)
Recommended Action
  1. Hold a public hearing;
     
  2. Approve an update to the 2017-18 Master Fee Resolution (Attachment A); and
     
  3. Approve proposed fee changes associated with the Cannabis Taskforce, Clerk-Recorder, Community Services, Library, Probation and Public Defender departments.
Strategic Plan Goal(s)
Operational Excellence
Thriving Residents
Safe Communities
Sustainable Environment
Flourishing Agriculture
Reason for Recommended Action/Background
The Board adopted the 2017-18 Master Fee resolution on June 27, 2017.  Since that time, departments have identified the need for new fees and certain fee revisions.  In total, 40 existing fees are proposed for revision, 23 new fees are proposed to be added to the Master Fee schedule, and 10 fees are proposed to be deleted.  The sections below describe the proposed fee changes and rationale for each department.
 
Assessor/Clerk-Recorder/Elections
The department is requesting adjustments to five fees that are mandated by the State.  On behalf of the California Department of Fish and Wildlife, the Recorder is requesting increases to the Mitigated Negative Declaration (MND), Fish & Game - Negative Declaration on NOD, Fish & Game - Environmental Impact Report on NOD, and Environmental Document pursuant to a Certified Regulatory Program (CRP). The fees are collected by the Recorder and passed through to the State.
 
In addition, recent legislation (SB 2) imposes an additional $75 fee on the recording of every real estate instrument, paper or notice required or permitted by law to be recorded, per each single transaction involving real property. All funds will be remitted to the State to be deposited in the newly established Building Homes and Jobs Trust Fund. Local jurisdictions, upon meeting different application requirements, may be able to receive funding through this trust fund.  It is estimated that the County will collect and send $1.5 – $2 million per year to the Building Homes and Jobs Trust Fund.
 
Finally, the department is requesting continuation of a $1 surcharge associated with recording the first page of a document.  Currently, the fee for recording the first page of every document is $14.  Of that amount, $1 goes into the Social Security Truncation Program Trust Fund.  Per Government Code 27361, this $1 surcharge is scheduled to sunset on 12/31/2017 unless the Board approves the continued collection of the fee.
 
Initially, these funds were to be used to establish a Day Forward Redaction system (GC 27301) for documents recorded beginning in January 2009. The program also called for the redaction of previously recorded documents between 1980-2008. Senate Bill 184 signed by the Governor changes GC 27301 to say that the Recorder may now redact all records before 1980.  The department is requesting continuation of the $1 SSN Truncation Fee until such time that the redaction of the oldest electronic records in the County’s system is complete, at which point the fee would be eliminated.
 
Cannabis Taskforce
On November 27, 2017, Yolo County released a Request for Proposals (RFP) for a limited number of medical cannabis nurseries and processing facilities. The RFP included two fees to be submitted by Applicants as part of the RFP process.  The first fee of $7,427 is for the Phase 1 RFP application evaluation.  The purpose of the fee is to recover the cost of staff time in reviewing the information provided for Phase 1 of the RFP process.  The second fee of $3,576 is for the Phase 2 interview and site visit fee.  The top five highest ranked nursery applicants and top five highest ranked processing facility applicants from Phase 1 will participate in the Phase 2 RFP process.  The fee is to cover the cost of staff time in interviewing the applicants and visiting the proposed nursery and processing facility sites.
 
The two fees were derived by the estimated it time it will take the staff to conduct the work under Phases 1 and 2, multiplied by each staffs’ hourly rate. Time was also included for administrative work associated with receiving the applications and fees and participating in the mandatory Applicants Conference.  The County has received eight letters of interest to the RFP. Assuming that eight applications are submitted and all applicants advance to Phase 2, total estimated revenue from these fees would be $88,024.
 
Community Services – Environmental Health
The Environmental Health Division (EHD) is proposing eleven new fees for an estimated net revenue increase of $13,760. Eight of the fees are being proposed as a result of services requested by the public.  These include Temporary Food Permit Sampling Only, PAC Quantitray Baci Test, Private Well Evaluations, Cottage Food Water System, Land Use Review Expedited Service, Recreational Health Plan Check Expedited Service, Well Permit Renewal, and Septic Permit Renewal
 
The fee titled Temporary Food Permit Sampling Only provides a less expensive permit fee for business selling food at a temporary event that are simply offering pre-made samples, but are not preparing food onsite. Currently these food vendors would be charged a more expensive permit fee that is charged to food vendors that are preparing food. The lower fee is justified because an onsite inspection will not be required. However, Environmental Health staff will talk to the vendor about safe food handling, handwashing and other food safety practices. The Temporary Food Permit Sampling Only permit fee is proposed at $118.00 based on the time estimated to review and issue the permit. This is $70 to $83 less than the fee that would currently be charged. Based on feedback from Temporary Food Facility operators, Environmental Health recognizes the need for a fee that more accurately reflects the time required to process and review the permit for this type of operation while still being protective of public health and safety.
 
The Expedited Service fees allow for a faster plan review service at a higher cost based on work completed at an overtime cost rate. This fee allows Environmental Health to be responsive to customer demands for expedited service without inconveniencing other customers that have already submitted their plans and are “waiting in line” for their plan check to be completed.  Three of the new fees proposed are required as part of recent updates to the County Ordinances.  These include Operating Permit for Alternative Septic Systems, Onsite Food Safety School, and Food Safety School (per person). Food Safety School is a new service that helps food businesses receive a green placard and stay in compliance.  

The Environmental Health Division notified customers of the fee changes with email distribution lists to regular customers, such as annual rate payers and contractors. However, since some of the proposed fees are new, there is not a list of regular customers.  Notice of the proposed fee changes was also provided at the counter and on the website.

Community Services – Planning, Building & Public Works
The Department of Community Services has contracted with MGT Consulting LLC to complete a comprehensive cost and user fee study for the services provided in the Planning and Building Division and the Public Works Division. Although fees in these Division have changed in years past, it is unclear if there has ever been an independent third party review of costs of services and an in depth evaluation of fees.  Staff is continuing to work on finalizing the fee study and will bring back recommended adjustments to Planning, Building and Public Works fees within the next several months.
  
Library
The Library has added new devices for checkout to customers, including chromebooks and hotspots.  Fees have been added to reflect the cost of replacing both missing pieces, such as charging cords and cases, as well as the cost of items that have become lost.  There are a limited number of these items available for checkout, so we have also increased the daily and maximum fine amounts on these items as an incentive for customers to return them by their due date, and in turn to allow more customers to be able to use these devices. The department estimates that these replacement fees will result in minimal additional revenue (less than $500 per year) for the Library Operating fund. 
 
Probation
On October 11, 2017 Governor Jerry Brown signed Senate Bill (SB) 190 into law, which ends juvenile fees effective January 1, 2018. For purposes of SB 190, “juvenile fees” refers to current law that allows administrative fees charged to parents, guardians, and youth for detention, legal representation, electronic monitoring, probation or home supervision, and drug testing while the youth is under the jurisdiction of a juvenile court. It is important to note that while juvenile fees have historically applied to youth under the age of eighteen, SB 190 extends the definition of “juvenile fees” to any youth under the age of twenty-one. Under SB190 only adults who are over the age of twenty-one and under the jurisdiction of the criminal court may be assessed fees.
 
Previous to the signing of SB 190, Boards of Supervisors in the state of California had significant authority in establishing and collecting Juvenile Probation fees by designating county staff to evaluate a family’s ability to pay fees and to determine the appropriate amount based on that assessment. SB 190 repeals a county Board’s authority to establish, assess and collect fees associated with adjudicating, detaining and supervising youth in the criminal justice system. Specifically, the law removes the ability of counties to recover costs for:
  • Juvenile probation supervision and detention;
  • Administration of home detention participants (Electronic Monitoring);
  • Drug testing.
 
As a result of these changes in law, the department is requesting that three juvenile fees be deleted, and that two fee – the Record Clear Fee and the Global Positioning System Fee – be re-titled to clarify that they only apply to adults only over the age of 21.  The department estimates that these fee changes will result in a General Fund revenue loss of $13,500 per year.
 
In addition to the changes associated with SB 190, Probation has recommended the deletion of the Electronic Monitoring fee because it refers to a type of radio frequency monitoring that the department no longer employs.  All electronic monitoring is now administered through the Global Positioning System Fee.
 
Public Defender
As with the Probation department, Public Defender currently has several juvenile fees that are now prohibited under SB 190, including the Juvenile – Registration, Juvenile – Post-Judgment Services, Juvenile – Without a Contested Hearing, and Juvenile Delinquency With a Contested Hearing.  These fees are recommended for deletion. In addition, the fee for Specialty Courts Including Drug Court is being re-titled to clarify that it applies to Adults over the age of 21. It is estimated that these fee changes will result in a General Fund revenue loss of approximately $3,800 per year.
 
Collaborations (including Board advisory groups and external partner agencies)
Fee proposals were developed by department staff and reviewed by the Department of Financial Services and County Counsel's Office.
Competitive Bid Process
N/A

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $  
Amount budgeted for expenditure:    $  
Additional expenditure authority needed:    $  
On-going commitment (annual cost):    $  
Source of Funds for this Expenditure
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
The proposed changes to the Master Fee schedule are estimated to generate additional revenue of approximately $84,984 annually, as reflected in the table below:
 
Estimated Annual Revenue Impact
General Fund ($17,300)
Cannabis Fund $88,024
Environmental Health $13,760
Library Fund $500
Total $84,984
Attachments
Att. A. Resolution
Att. B. Summary of Proposed Fee Changes
Att. C. Yolo User Fee Finding Report
Att. D. Yolo County Fee Comparisions

Form Review
Inbox Reviewed By Date
County Counsel Hope Welton 12/06/2017 11:35 AM
Form Started By: Tom Haynes Started On: 11/27/2017 04:41 PM
Final Approval Date: 12/06/2017

    

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