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HomeMy WebLinkAboutAgenda Report - April 20, 2005 K-02bAGENDA ITEM Kwiv T7 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adoption of resolution establishing a master fee schedule for cost recovery of services provided by the Lodi Fire Department (FD) MEETING DATE: April 20, 2005 PREPARED BY: Michael E. Pretz, Fire Chief RECOMMENDED ACTION: That City Council approve adoption of the resolution to implement a master fee schedule for cost recovery of services provided by the Lodi Fire Department BACKGROUND INFORMATION: The Fire Department was tasked in 2004 with recovering costs associated with services provided outside of emergency services. The Fire Prevention Bureau conducted an extensive research project of the fire service and found the vast majority of fire departments have cost recovery built into their services for plan review, construction inspections, fire protection systems review and inspections, as well as permits and business inspections. A quantitative analysis was conducted to apply hourly costs and time on task to create department expenses for the typical services. Costs were derived from the analysis and fees were based on this recommendations. This service is based on individual users who request services from the Fire Department or services mandated or required by state law, state fire code or inspections to assure fire code compliance. The Lodi Municipal Fire Code was evaluated and recommendations for additions have been made to the code to allow authority and enforcement provisions. Fire Marshal Person has met with various groups including the Chamber of Commerce, Builders Industry Association and local developers and contractors. At the March 15, 2005, shirtsleeve session Fire Marshal Verne Person presented Council with an introduction to the cost recovery program. A public hearing was conducted at the April 6, 2005 City Council meeting and approval was given to proceed with the ordinance for the repeal and re-enactment of the Lodi Municipal Fire Code. The fee schedule is supported by the Lodi Municipal Fire Code, California Fire Code and California state law. Lodi Fire Department has continued to inspect occupancies mandated by the state, conduct plan review and construction inspections as well as various operations which are required by the state at no cost to the users. General business inspections were discontinued in the mid 1980's and continues not to be inspected for fire and life safety violations. The proposal sets in motion a vehicle for cost recovery of services provided by the fire prevention division of the Lodi Fire Department for development services, state mandated services as well as permits required by California Fire Code. The proposal also implements a business inspection component to assure the safe operation of businesses within Lodi at no initial charge to the businesses. APPROVED: h''' Blair Wng, City Manager Adoption of resolution establishing a master fee schedule for cost recovery for services provided by the Lodi Fire Department (FD) April 20, 2005 Page 2 FISCAL IMPACT: Initial set up cost for program implementation of $10,900 plus an additional ongoing cost of $19,062. Cost recovery generation is estimated at $100,000 for the first year and $250,000 when program is fully implemented, which is estimated for two years. FUNDING AVAILABLE: General Fund J mes R. Krueger, Fihartc6 Director Michael E. Pre , Fire Chief VRPAh Attachments C: City Attorney Annual Fire and Life Safety Inspections Fee State Mandated Inspections ✓ E-3 Occupancies — Day Care 7 - 49 clients 150.00+ 50 - 149 clients 187.50+ >= 150 clients 225.00+ Pre -inspection <= 25 clients 50.00 Pre -inspection > 25 clients 100.00 ✓ I Occupancies — Institution 1-1 or 1-2 Occupancies < 6 patients 150.00+ 1-1 or 1-2 Occupancies >= 6 patients 225.00+ 1-3 Occupancies — Detention Facilities No Charge ✓ R-1 Occupancies —Apartments Initial plus 1 Reinspect No Charge Additional Reinspections (each) 75.00+ ✓ R-1 Occupancies — Hotels/Motels 3 - 16 Units 112.50+ 17 - 32 Units 150.00+ >= 33 Units 187.50+ ✓ R-2 Occupancies — Residential Care Facilities >= 7 residents 225.00+ Pre -inspection < 25 residents 50.00 Pre -inspection >= 26 residents 100.00 ✓ R-3 Occupancies — Large Family Day Care 7 to 14 clients 75.00+ Pre -inspection 50.00 ✓ R-6 Occupancies — Halfway Houses, etc. >= 7 residents 225.00+ Pre -inspection < 25 residents 50.00 Pre -inspection >= 26 residents 100.00 Business Fire & Life Safety Inspections Fire Company Business Inspection Initial plus 1 Reinspect No Charge Additional Reinspections (each) 75.00+ + Minimum Fee, actual cost may vary ✓ Existing prevention activity Annual Operating Permits and Inspections Administrative Charges Fee Failure to Obtain Permit Standard fee doubled Late Fee Standard fee doubled Multiple Permits, Same Inspection First highest at 100%, additional at 50% Aerosol Products 225.00 Airports, Heliports, Helispots 150.00 Aircraft Refueling Vehicle 150.00 Aircraft Repair Hanger 225.00 Asbestos Removal 150.00+ Automobile Wrecking Yard 225.00 Battery System 206.25 Candles and Open Flame in Public Assembly Area ✓ Single Use (weddings, banquets, etc.) 15.00 Commercial Use 75.00 ✓ Carnival and Fairs 150.00 + Cellulose Nitrate Film 168.75 Cellulose Nitrate Storage 206.25 Christmas Tree Lots No Charge Combustible Fiber Storage 206.25 Combustible Materials Storage 206.25 Commercial Rubbish -handling Operation 187.50 Compressed Gases 243.75 Cryogens 187.50 Dry Cleaning Plants (Initial) 206.25 Dust Producing Operations 206.25 Explosives or Blasting Agents 187.50 Fire Hydrant or Water -control Valves No Charge ✓ Fireworks 281.25 Flammable and Combustible Liquids 168.75 ✓ Haunted House No Charge Hazardous Materials 225.00 High -piled Combustible Storage 168.75 Hot -work Operations 112.50 Liquid Petroleum Gas 150.00 LPG or Gas -fueled Vehicles/Equipment in Public Assembly Bldg. 75.00 Lumberyards, Lumber 187.50 Magnesium Working 93.75 Mall, Covered 150.00+ Motor Vehicle/Marine Fuel -dispensing Station 150.00 ✓ Open Burning 37.50 Organic Coatings - Manufacture 168.75 Ovens and Furnaces, Industrial Baking or Drying 150.00 Non -Flammable Medical Gas Systems 150.00+ Parade Floats No Charge ✓ Places of Assembly Occupancy Load 50-299 187.50 Occupancy Load 300-999 262.50 Occupancy Load >= 1000 337.50 ✓ Pyrotechnical Special Effects Material 150.00+ Radioactive Materials 206.25 Refrigeration Equipment 150.00 Annual Operating Permits and Inspections Repair Garages State Fire Marshal Permits Live Audiences Production Facilities ✓ Pyrotechnics and Special Effects Spraying or Dipping - Utilizing F/C Liquids or Powders Tents, Canopies, and Temp. Membrane Structures Event Organizer Tents > 200 sq. ft. or a canopy > 400 sq. ft. Additional Tents (each) Tire Storage Wood Products + Minimum Fee, actual cost may vary ✓ Existing prevention activity Fee 150.00+ 150.00 150.00 150.00+ 168.75 150.00+ 150.00+ 75.00 168.75 150.00 New Development and Tenant Improvements Plans Review Fee Site Planning ✓ Annexation 150.00+ ✓ Land Use 150.00+ ✓ Lot Line Adjustments 150.00+ ✓ Parcel Map 150.00+ ✓ SPARC 150.00+ ✓ Zoning Variance 150.00+ ✓ Subdivision/Lot Splits 1 - 4 Lots 150.00 5 - 24 Lots 300.00 25 or more Lots 450.00 Fire & Life Safety Plans Review and Inspections ✓ Fire Review of Building Construction Add 25% to building plan check & building permit fee ✓ Certificate of Occupancy (Fire) 75.00+ Fire Protection Equipment Plans Review and Inspections ✓ Civil Improvement Site Plan (no underground inspection) 150.00+ Compressed Gas System (each) Hazardous Materials 375.00+ Medical Gas 450.00+ ✓ FireAiarm System 450.00+ ✓ Fire Alarm System for Fire Sprinkler Monitor 300.00+ ✓ Fire Flow/Hydrant Test 150.00+ ✓ Fire Pump 900.00+ ✓ Fire Sprinkler System (per riser) 1- 6 Heads 225.00 7-19 Heads 375.00 20 - 99 Heads 750.00 100 - 199 Heads 1,050.00 >= 200 Heads (plus $0.50 per head) 1,350.00 ✓ Halon/Clean Agent System 450.00+ ✓ Hood & Duct Fire Suopresion System (each)* 300.00+ 'hood requires separate building permit ✓ Plan Maintenance Fee' Add 5% to plan check fee *fire alarm system, alarm system for sprinkler monitor, fire pump, fire sprinkler system, halonlclean agent system, hood & duct suppression system, spray booth, stand pi pelhose stations New Developmentand Tenant Improvements Plans Review Fee ✓ Smoke Management Systems 750.00+ ✓ Spray Booth (each) 450.00+ ✓ Standpipe/Hose Stations 150.00+ Miscellaneous Development Administrative Charge ✓ Design Review Consultation/Conference 75.00+ Minimum Intake Fee (not otherwise specified) 75.00 ✓ Second and Subsequent Plan Revision Submittals (each) 150.00 ✓ Temporary Certificate of Occupancy 150.00 .✓ Special Plan Review Request Afler Hours 225.00+ Not Otherwise Specified 150.00+ Cancellation - < 24 Hrs. notice, Not Ready, No Show 75.00 ✓ Technical Report/Alternate Materials or Methods' 150.00+ *per code item plus consultant fee plus 20% admin fee + Minimum Fee, actual cost may vary ✓ Existing prevention activity Miscellaneous Fee Administrative Charge ✓ Appeals — When Fire Chief Denies Application 375.00 ✓ Environmental Impact Report Document Search 75.00 + Other Activities Not Listed 75.00 + Refund Processing 37.50 ✓ Weed Abatement (per parcel) 150.00 + ✓ Emergency Response (per company) DUI 131.00+ Hazardous Materials 131.00+ ✓ False Alarms — 2 or fewer per calendar year No Charge Third False Alarm 75.00 Fourth False Alarm 150.00 Fifth and Subsequent (each) 393.00 Contact not at scene in 60 min 131.00 Failure to notify LFD of test 131.00 ✓ Fire Investigations (per person) 75.00+ ✓ Fire Reports and Other Documents (per page) 0.25+ ✓ Investigation - No Construction Permit 75.00+ ✓ Occupancy Load Calculation 75.00+ ✓ Photograph Reproduction (per print) Actual cost plus 20% admin fee ✓ Standby (per person) 75.00+ Standard Hourly Rate LFD Personnel 75.00 Engine or Truck Company 131.00 + Minimum Fee, actual cost may vary ✓ Existing prevention activity Vv Zb RESOLUTION NO. 2005- A RESOLUTION OF THE CITY OF LODI ESTABLISHING D A MASTER FEE SCHEDULE FOR ANNUAL PERMITS TO OPERATE NEW DEVELOPMENT AND TENANT • IMPROVEMENT PLANS REVIEW, FIRE AND LIFE SAFETY INSPECTIONS, AND OTHER MISCELLANEOUS SERVICES PROVIDED BY THE CITY OF LODI FIRE DEPARTMENT WHEREAS, the City of Lodi Fire Department is charged with the responsibility of enforcing applicable codes pertaining to fire and life safety and other regulations promulgated by the State Fire Marshal pursuant to California Health and Safety Code Section 13146 and California Fire Code Section 101.2.2.2, and WHEREAS, the City of Lodi incurs costs and expends resources when fire prevention services are of a recurrent nature and the result of discretionary development; and WHEREAS, the City desires to establish a policy to recover the cost of providing special services of a voluntary or limited nature, such that general fund monies are not diverted from general services of a broad nature, and thereby utilized to subsidize unfairly and inequitably such special services, and WHEREAS, the City, pursuant to California Health and Safety Code Sections 13146.2(b), 13217(b), and 17951 and California Government Code Sections 6062(a), 6103.7, 66016, 66017, and 66018, is authorized to adopt fees sufficient to pay the cost of providing these services to the general public following proper notice and a public hearing; and WHEREAS, the City Council of the City of Lodi has adopted Ordinance No. 1759, repealing and re-enacting Chapter 15.20 (Fire Code) of the Lodi Municipal Code, which authorizes in Section 15.20.040 the City to establish fees sufficient to recover its costs in administering the Fire Code, subject to adoption of an implementing resolution of the City Council; and WHEREAS, the City of Lodi Fire Department has conducted an analysis of its services, the costs reasonably borne, the beneficiaries of those services, and the cost -recovery revenues produced by those paying fees and charges for special services (Business Plan for Recovery of Costs (the "Fee Study") and Master Fee Schedule, dated March 2005, collectively attached hereto as Exhibit A and incorporated herein); and WHEREAS, the analysis of fees and service charges set forth in the Fee Study and Master Fee Schedule provide a mechanism for ensuring fees adopted by the City for services rendered do not exceed the reasonable estimated cost of providing the services for which the fees are charged; and WHEREAS, the fees and service charges set forth in the Master Fee Schedule bear a fair and reasonable relationship to the City's costs in administering the Fire Code; and WHEREAS, adoption of this Resolution is exempt from the California Environmental Act (Public Resources Code Sections 21080, et seq.) because it approves and sets forth a procedure for determining fees for the purpose of meeting certain operating expenses of the City; and WHEREAS, the Fee Study was available for public inspection and review in the office of the City Clerk for more than 14 days prior to the date of the Public Hearing on this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does find and resolve as follows: 1. The recitals set forth above are true and correct. 2. The fees and service charges set forth in the Master Fee Schedule (Exhibit A) are hereby implemented. 3. The fees and service charges set forth in the Master Fee Schedule are to be uniformly applied and collected for services provided by the Lodi Fire Department or its designated contractor(s). Fees and service charges for special services of a voluntary or limited nature shall not exceed the actual cost incurred by the City in providing the special service. 4. Fees and service charges set forth in the Master Fee Schedule are for each identified service; additional fees and service charges shall be required for each additional service requested or required. Where fees are indicated on a per-unit basis, the fee is for each identified unit or portion thereof within the indicated range of such units. 5. The Fire Chief of the City of Lodi is hereby delegated the authority to create administrative, fee -collection, and financial procedures as necessary to implement the Master Fee Schedule consistent with the policies set forth in this Resolution. The appropriate fee(s) under the Master Fee Agreement shall be paid at the time of application submittal for: a) permits to operate, b) new development and tenant improvement plan checks/inspections, c) annual fire and life safety inspections, and d) miscellaneous services and products. In the event fees are not paid at the time of application submittal or upon request for additional fees, the City shall not be obligated to process, approve, or take further action on permits, plan checks/inspections, fire and life safety inspections, or other services and products listed in the Master Fee Schedule until such time as the appropriate fees are paid to the City. 7. No permit or approval shall be issued by the City unless applicant's project is in compliance with applicable City and state laws and fees required under the Master Fee Schedule are paid in full. Payment of fees by applicant shall not be construed as any waiver of the City's right to enforce compliance with fire and life safety standards, statutes, ordinances, or regulations through any means authorized by applicable law. 8. At regular intervals the Fire Chief shall review the Master Fee Schedule to ensure that fees and service charges continue to bear a fair and reasonable relationship to the City's costs in administering the Fire Code. 9. The Fire Chief shall propose modifications to the Master Fee Schedule to the City Council in the form of a resolution. In proposing modifications to the Master Fee Schedule, the Fire Chief shall consider only the standards, criteria, and procedures established by this Resolution and applicable state law. The Fire Chief may also adjust the type of services offered in the Master Fee Schedule if, in the judgment of the Fire Chief, equity requires such adjustment. 10. Fee adjustments to the Master Fee Schedule proposed by the Fire Chief may be increased by resolution of the City Council in amounts determined reasonable and necessary when budget and workload analysis supports such increases. 11. The Master Fee Schedule established in this Resolution shall be effective on July 1, 2005, which date is at least sixty (60) days after adoption of this Resolution. Dated: April 20, 2005 I hereby certify that Resolution No. 2005-_ was passed and adopted by the City Council of the City of Lodi in a regular meeting held on April 20, 2005, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — SUSAN J. BLACKSTON City Clerk 2005- 3 Annual Operating Permits and Inspections Fee Administrative Charges Standard fee Failure to Obtain Permit doubled Standard fee Late Fee doubled Multiple Permits, Same Inspection First highest at 100%, additional at 50% Aerosol Products 225.00 Airports, Heliports, Helispots 150.00 Aircraft Refueling Vehicle 150.00 Aircraft Repair Hanger 225.00 Asbestos Removal 150.00 Automobile Wrecking Yard 225.00 Battery System 206.25 Candles and Open Flame in Public Assembly Area Single Use (weddings, banquets, etc.) 15.00 Commercial Use 75.00 Carnival and Fairs 150.00 Cellulose Nitrate Film 168.75 Cellulose Nitrate Storage 206.25 Christmas Tree Lots No Charge Combustible Fiber Storage 206.25 Combustible Materials Storage 206.25 Commercial Rubbish -handling Operation 187.50 Compressed Gases 243.75 Cryogens 187.50 Dry Cleaning Plants (Initial) 206.25 Dust Producing Operations 206.25 Explosives or Blasting Agents 187.50 Fire Hydrant or Water -control Valves No Charge Fireworks 281.25 Flammable and Combustible Liquids 168.75 Haunted House No Charge Hazardous Materials 225.00 High -piled Combustible Storage 168.75 Hot -work Operations 112.50 Liquid Petroleum Gas 150.00 LPG or Gas -fueled Vehicles/Equipment in Public Assembly Bldg. 75.00 Lumberyards, Lumber 187.50 Magnesium Working 93.75 Mall, Covered 150.00 Motor Vehicle/Marine Fuel -dispensing Station 150.00 Open Burning 37.50 Organic Coatings - Manufacture 168.75 Ovens and Furnaces, Industrial Baking or Drying 150.00 Non -Flammable Medical Gas Systems 150.00 Parade Floats No Charge 4 G Annual Operating Permits and Inspections Fee Places of Assembly 450.00 + Occupancy Load 50-299 187.50 Occupancy Load 300-999 262.50 Occupancy Load >= 1000 337.50 Pyrotechnical Special Effects Material 150.00 Radioactive Materials 206.25 Refrigeration Equipment 150.00 Repair Garages 150.00 State Fire Marshal Permits Live Audiences 150.00 Production Facilities 150.00 Pyrotechnics and Special Effects 150.00 Spraying or Dipping - Utilizing F/C Liquids or Powders 168.75 Tents, Canopies, and Temp. Membrane Structures Event Organizer 150.00 Tents > 200 sq. ft. or a canopy > 400 sq. ft. 150.00 Additional Tents (each) 75.00 Tire Storage 168.75 Wood Products 150.00 + Minimum Fee, actual cost may vary Fire & Life Safety Plans Review and Inspections Fee Fire Review of Building Construction Add 25% to building plan check & building permit fee Certificate of Occupancy (Fire) 75.00 + Fire Protection Equipment Plans Review and Inspections Civil Improvement Site Plan (no underground inspection) 150.00 + Compressed Gas System (each) Hazardous Materials 375.00 + Medical Gas 450.00 + Fire Alarm System 450.00 + Fire Alarm System for Fire Sprinkler Monitor 300.00 + Fire Flow/Hydrant Test 150.00 + Fire Pump 900.00 + Fire Sprinkler System (per riser) 1 - 6 Heads 225.00 7 - 19 Heads 375.00 20 - 99 Heads 750.00 100 - 199 Heads 1,050.00 >= 200 Heads (plus $0.50 per head) 1,350.00 Halon/Clean Agent System 450.00 + 5 Hood & Duct Fire Suppresion System (each)* 300.00 + *hood requires separate building permit Plan Maintenance Fee* Add 5% to plan check fee *fire alarm system, alarm system for sprinkler monitor, fire pump, fire sprinkler system, halon/clean agent system, hood & duct suppression system, spray booth, standpipe/hose stations Smoke Management Systems 750.00 + Spray Booth (each) 450.00 + Standpipe/Hose Stations 150.00 + Miscellaneous Development Administrative Charge Design Review Consultation/Conference 75.00 + Minimum Intake Fee (not otherwise specified) 75.00 Second and Subsequent Plan Revision Submittals (each) 150.00 Temporary Certificate of Occupancy 150.00 Special Plan Review Request After Hours 225.00 + Not Otherwise Specified 150.00 + Fire & Life Safety Plans Review and Inspections Fee Cancellation - < 24 Hrs. notice, Not Ready, No Show 75.00 Technical Report/Alternate Materials or Methods* 150.00 + *per code item plus consultant fee plus 20% admin fee + Minimum Fee, actual cost may vary Annual Fire and Life Safety Inspections Fee State Mandated Inspections E-3 Occupancies — Day Care 7 - 49 clients 150.00 + 50 - 149 clients 187.50 + >= 150 clients 225.00 + Pre -inspection <= 25 clients 50.00 Pre -inspection > 25 clients 100.00 I Occupancies — Institution 1-1 or 1-2 Occupancies < 6 patients 150.00 + 1-1 or 1-2 Occupancies >= 6 patients 225.00 + 1-3 Occupancies — Detention Facilities No Charge I. R-1 Occupancies —Apartments Initial plus 1 Reinspect No Charge Additional Reinspections (each) 75.00 + R-1 Occupancies — Hotels/Motels 3 - 16 Units 112.50 + 17 - 32 Units 150.00 + >= 33 Units 187.50 + R-2 Occupancies — Residential Care Facilities >= 7 residents 225.00 + Pre -inspection < 25 residents 50.00 Pre -inspection >= 26 residents 100.00 R-3 Occupancies — Large Family Day Care 7 to 14 clients 75.00 + Pre -inspection 50.00 R-6 Occupancies — Halfway Houses, etc. >= 7 residents 225.00 + Pre -inspection < 25 residents 50.00 Pre -inspection >= 26 residents 100.00 Business Fire & Life Safety Inspections Fire Company Business Inspection Initial plus 1 Reinspect No Charge Additional Reinspections (each) 75.00 + + Minimum Fee, actual cost may vary 7 Miscellaneous Fee Administrative Charge Appeals — When Fire Chief Denies Application 375.00 Environmental Impact Report Document Search 75.00 + Other Activities Not Listed 75.00 + Refund Processing 37.50 Weed Abatement (per parcel) 150.00 + Emergency Response (per company) DUI 131.00 + Hazardous Materials 131.00 + False Alarms — 2 or fewer per calendar year No Charge Third False Alarm 75.00 Fourth False Alarm 150.00 Fifth and Subsequent (each) 393.00 Contact not at scene in 60 min 131.00 Failure to notify LFD of test 131.00 Fire Investigations (per person) 75.00 + Fire Reports and Other Documents (per page) 0.25 + Investigation - No Construction Permit 75.00 + Occupancy Load Calculation 75.00 + Photograph Reproduction (per print) Actual cost plus 20% admin fee Standby (per person) 75.00 + Standard Hourly Rate LFD Personnel 75.00 Engine or Truck Company 131.00 + Minimum Fee, actual cost may vary R City of Lodi Fire Department Business Plan for Recovery of Costs Associated with Annual Permits to Operate New Development and Tenant Improvement Plans Review Annual Fire and Life Safety Inspections and Miscellaneous Fire Department Products and Services March 2005 Regulation and Policy The fee schedules will apply within the legal boundaries of the City of Lodi. Operational oversight will be provided by the Lodi Fire Department as developed by the Fire Chief. Coordination of activities associated with the fee schedules will be performed by the Fire Marshal and Fire Prevention Bureau of the Lodi Fire Department. As a cost -recovery program, the fee schedules will be evaluated periodically to ensure revenue represents actual cost -recovery without surpluses or deficits. Fees will be established after quantifying time -on -task and frequency of occurrence for each item in the schedules. A significant factor in determining the fee amounts will be ensuring all prevention activities are included in cost -recovery calculations. Roles and responsibilities of staff utilizing the fee schedules will be articulated by the Fire Chief and Fire Marshal. Prevention activities subject to cost -recovery (plan review, fire and life safety inspections, permits -to -operate, and miscellaneous) will be performed by authorized fire department personnel. This staff will be part of the chain -of -command flowing through the Fire Marshal to the Fire Chief. Inspectors and clerical staff will have clearly defined roles, responsibilities, and lines of communication. Day-to-day oversight will be provided by the Fire Marshal, with overall management and policy development determined by the Fire Chief. Planning will be an ongoing activity focusing on two outcomes: 1) the City of Lodi has direct control over activities and situations affecting fire and life safety, and 2) entities and individuals receiving direct benefit from city resources bear the cost of consuming those resources. Formal changes to the program will be proposed during, and as part of, the budget process when practical. Changes arising from environmental conditions will be identified and presented when the interests of the city or consumers will be affected significantly. To ensure the city's interests are represented fully, the fire department will consult with Community Development, Public Works, and Finance departments as well as the City Attorney and City Manager before implementing any significant change, expansion, or reduction in the fee schedules; however, the final decision to request authorization from the City Council will rest with the City Manager. Analysis and Planning For the City of Lodi, the components and level of service associated with creating, implementing, and operating a cost -recovery fee schedule will be tailored to its perspectives, preferences, and priorities. Detailed quantitative analysis shows the relationship between the time needed to perform the various tasks for the items listed in the fee schedules and the cost of operating the Fire Prevention Bureau of LFD. This analysis also identifies the financial, equipment, facilities, and staffing needs necessary to serve the public quickly and effectively. This analysis will establish baseline values for activities and costs as well as creating a standardized method for assessing needs and meeting those needs with specific service elements. In addition to specific analysis to determine levels of service and cost -recovery values, community and demographic data will be factored into the calculations to ensure proper weighting of local characteristics is included. Since this will be a new program for the city, the fee schedules will be compared to prices charged by other jurisdictions in the region as well as specific analysis of LFD cost - recovery requirements. Another source to assure the reasonableness of the fee schedules is the results of a survey conducted by the International Conference of Building Officials. The ICBO surveyed 63 California cities and counties, grouped by population, and developed descriptive statistics of the fees charged to review plans and conduct inspections for the most common construction types. The LFD Strategic Plan identifies numerous performance measures as a means of validating the expected outcomes of department activities. As the fee schedules are implemented, additional performance measures related to work processes and outcomes may be developed to ensure accountability to the city and general public is maintained. These performance measures as well as ongoing program evaluation will be part of a "system assessment cycle" that includes: data collection, evaluation, analysis, planning, implementation, training, feedback, and more data collection. This will allow the department to monitor short- and long-term changes in the environment, current local and regional conditions and trends, as well as changes in demographic, economic, and political circumstances that may affect the business interests of the city. Finance Economists have advocated more extensive utilization of user charges by local governments to finance public services. "User charges put public prices on public products. They apply to those who voluntarily consume services or use public facilities... They are favored not only because they [generate savings to the general fund], but also because they can lead to more efficient allocation of resources and a more equitable distribution of public services" (San Marcos Water District v. San Marcos Unified School District, 1985). To be certain our cost calculations consider the full range of applicable indirect as well as direct charges, LFD will review all aspects of the fire prevention portion of the department's overall budget. "The real costs of municipal services involve substantially more than the direct salary and benefit costs associated with delivering a service. Cost calculations also include such indirect costs as departmental overhead and administration, municipal overhead and administration, fixed asset replacement, capital depreciation, debt service, and retirement."' In an opinion letter dated July 21, 1997, titled Building Inspection and Permit Fees—#12478, the Legislative Council of California stated, in the opinion of that office, California statutes authorize local building departments to include those costs within the fees it charges for permits and inspections. To identify the total cost -recovery amount, both internal and external costs will be included. Internal costs are those fire department direct expenses identified in the annual budget documents. External costs are those services and support provided by other city departments as a component of the overall city organization. Incorporating the cost of support services provided by the city (which allows the fire department to function) acknowledges the "administrative infrastructure" which is as necessary as the city's physical infrastructure for meeting service demands. Administrative infrastructure includes city services such as data processing, finance, human resources, vehicle and building maintenance, legal counsel, and time spent by the City Council enacting laws and ordinances regulating fire and life safety. In other words, plan checks, inspections, and related permit services could not occur without an organization capable of meeting the various resource needs of citizens, businesses, and developers. The basic methodology for cost -recovery is to identify all costs of services provided by LFD (plans review, fire and life safety inspections, permits, and miscellaneous) and create fees based on the time ' Bouse, Michael W.; Establishing Building Permit Fees; p 13; International Conference of Building Officials, 1998. 2 required by fire department personnel to complete those tasks. The fee for reviewing a particular type of plan document will be based on the time needed to complete the review. Based on the available capacity of the Fire Prevention Bureau of LFD, the hourly rate for providing services will be $75 per hour. This includes all direct and indirect costs of prevention as well as an administrative overhead charge representing the cost of support services provided by the City of Lodi. The best way to calculate time -on -task for the items included in the fee schedules is to examine historical records and combine values from several years or accounting periods into a representative value supported by statistical analysis. Until recently, LFD record keeping has been limited to compliance with mandated external reporting requirements. This means documentation of activity relevant to establishing fee schedules is incomplete and not suitable for use as the sole basis for determining prices. Rather than establishing prices in an arbitrary manner, LFD has chosen to utilize information from Community Development, Public Works, ICBO, and nearby jurisdictions in addition to available department data. To ensure the fee schedules can withstand critical scrutiny, the assumptions, methods, and values have been reviewed by the Finance, Community Development, and Public Works directors; the city Building Official; City Attorney; and City Manager's office. Legal Licensing laws and regulations achieve a number of related police power objectives by controlling performance of designated activity and prohibiting unlawful and unsafe practices. User fees in California are required to conform to the requirements of the California Constitution as well as the statutory requirements contained in the California Code of Regulations and Government Code. State courts have been very flexible regarding methodologies used by local jurisdictions to establish service fees. The courts have held that some form of study or analysis must be conducted, and that the rationale used in the study must be reasonable. The reasonable cost standard is met when fees are based on supporting data for the jurisdiction.2 Quality Management The main focus for quality management activities is ensuring fee schedule prices reflect appropriate cost -recovery guidelines. These guidelines, in turn, are based on community needs and expectations, desired organizational outcomes, and available resources. Another function of quality management is ongoing evaluation of performance targets to measure compliance to policies and procedures as well as ensuring targets are realistic and attainable. A third use of quality management is to build, verify, and monitor standards and procedures for successful completion of the permit/inspection process. Analysis of quality management tasks and data will identify areas of improvement, evaluate system performance, prioritize areas of development, monitor performance indicators, discover training opportunities, and include customer satisfaction feedback loops. The performance measures identified in the Strategic Plan will be the basis for capturing appropriate data points as well as allowing analysis from different perspectives using different data groupings and levels of aggregation. 2 Bouse, Michael, W.; Establishing Building Permit Fees; p 7; International Conference of Building Officials, 1998. Education and Information Education and information activities will be divided into three basic groupings: 1) meetings with civic groups, developers, and interested stakeholders; 2) casual or informal information exchange at the permit center counter; and 3) publishing and distributing a "developer's guide" for the purpose of allowing interested parties to know, up front, the expectations of the City of Lodi in regards to code compliance and the review/inspection processes. The first phase of education and information activities will focus on introducing the fee schedules, answering questions, and building understanding of the need to implement cost -recovery efforts. The second part of education and information activities is daily, ongoing contact with applicants. A knowledgeable counter -person will be able to answer questions and distribute literature. The third phase will promulgate consistent interpretation of the codes through development and distribution of standards and guidelines. This will allow developers to create plans in compliance with local expectations and reduce disputes over city requirements. In addition to the developer's guide, various pamphlets, brochures, and flyers will be created as demand requires. Equipment and Facilities Since the fee schedules are a new endeavor for LFD, there is no way to quantify their impact on available capacity. The fire department is comfortable with using available resources to operate the program until a baseline history of the actual workload can be established. Developing and designing appropriate forms and checklists will be the only initial change to LFD resource needs. Operations The fee schedules will be based on this plan and supporting data analysis. Work flow will remain basically the same, only the volume will increase. This program is an extension of the fire department's strategy to utilize resources efficiently and effectively, uses the existing chain of command, and as workload increases will provide for further delineation of responsibility and authority. Service delivery will be consistent with city and LFD policy; industry standards; and applicable statutes, ordinances, and regulations. Although formal disputes are rare, the Lodi Municipal Code articulates the means by which an applicant can appeal. There will be a need for additional technical training in hazardous materials management and in some aspects of permit requirements. LFD will work cooperatively with other departments and organizations in planning, identifying needs, training, integration, and coordination of tasks, documents, and approvals. This will be a cooperative effort on the part of city departments to ensure changes to work processes, lead time, and documentation will be implemented in a manner that provides the city control and oversight while recovering the costs of enforcement. In general, for each requested service, an applicant will complete an application form or submit the appropriate materials, pay the required fee (or minimum increment) and the work will be processed in the order in which it is received. For example, a hood -and -duct system will take four hours for document review and inspection. At $75 per hour, one system will recover $300, if ten systems are installed, the City of Lodi will recover $3,000. NI The fee schedule can accommodate special circumstances, but the customer will pay a premium for LFD to perform services outside its customary operating structure. Likewise, should a customer fail to meet his or her obligations, there is a penalty for consuming city resources unnecessarily. Implementation The likely (based on surveys and available city data) time -on -task associated with each fee schedule item is the basis for establishing the actual fee amount. In cases where it is not possible to quantify the exact amount of time for completing a particular task, minimum incremental fees are listed—subject to adjustment as the actual time -on -task is determined for each project or activity. This assures fees are matched as closely as possible to the resources consumed for providing the specified service or product. The fees are based on the annual available hours of fire department staff in comparison with the costs to be recovered. The target for cost recovery is the Fire Prevention Bureau portion of the fire department budget plus the city administrative overhead costs proportionally allocated to prevention activities. Because this is a new endeavor for the fire department, it is difficult to anticipate exactly the increase in workload and its effect on available capacity. This is why many items in the fee schedules list minimum increments of the final fee as the base price and why the program will be implemented in phases. The fee schedules will be implemented starting with tasks already performed by LFD and advance to activities requiring different skills and additional capacity. However, as the program matures and detailed historical data is collected, cost -recovery estimates will be refined and adjusted as necessary to more closely align with the cost -recovery target. The Master Fee Schedule contains the complete listing of the items for which fees will be collected when the program is fully implemented. Plans review and certain fire and life safety inspections will be the first phase of implementation. Annual permits to operate will be introduced after the operational methods are shown to be effective and efficient. Miscellaneous items will be added as needed while the program develops and solidifies. 5 PaeIof2 �-z Susan Blackston From: Susan Blackston Sent: Tuesday, April 19, 2005 1:37 PM To: 'Glenn Glissman' Cc: City Council Subject: RE: Fire Dept. Inspection Fee Proposal Dear Glenn Glissman: This reply is to confirm that your message was received by each member of the City Council and will be included as part of the public record for Item K-2 on the April 20, 2005 City Council agenda. Thank you for expressing your views. /s/ Susan J. Blackston, City Clerk -----Original Message ----- From: Glenn Glissman [mailto:glissman@softcom.net] Sent: Monday, April 18, 2005 12:28 AM To: John Beckman; Susan Hitchcock; Larry Hansen; Bob Johnson; JoAnne Mounce Cc: info@lodichamber.com Subject: Fire Dept. Inspection Fee Proposal I am writing to express my opposition to the Lodi Fire Department's latest attempt to move from a "public service" agency to a "service for a fee" agency. I feel that if the government is going to mandate inspections, permits or licenses, the government should pay the cost of that mandate. In doing so, the government would be forced to determine if the mandate produces a benefit worthy of the cost and effort to comply with the mandate. When the government imposes the cost on business it rarely reviews the benefit vs. cost issue - it usually just keeps increasing the cost (fees or taxes) to businesses. Some Lodi News Sentinel articles said most businesses would be subject to routine inspections that would cost nothing and that a second inspection would also be free. However, a third inpsection would result in a business being charged a fine of $75.00. Chief Pretz says this program will "improve fire safety" and the proposed fees would support the Department's Fire Prevention Program. If they were truly interested in "improving fire safety" and fire prevention why do they need to charge fines? It shows they are more interested in money than improving fire safety, fire prevention programs or public service. Maybe a more realistic name for the Fire Prevention Staff would be Fire Code Enforcement. Many years ago under Police Chief Floyd Williams the City enacted a ordinance that requires the owners of residential and business burglar alarms to obtain permits for those systems. At that time there was no fee required for the permit. Now the City charges a $25.00 yearly fee for a commercial burglar alarm system permit. I foresee the same type of thing happening if this proposal is approved. An ordinance mandates inspections, more staff required to complete the inspections and bill taxpayers, more funds needed to pay for staff of inspectors and billing staff, an increase in fees and fees being charged for all inspections. I think fire inspections are a good idea. They should be done by firefighters on businesses in their district. They should be both "familiarization" inspections and "fire safety" inspections. Firefighters should obviously be familiar with the commercial buildings in their district. They can do the fire safety inspection at the same time. Taxpayers are already paying for these firefighters - any additional cost should be insignificant and certainly not requiring additional fees or fines. 4/19/2005 Page 2 of 2 The Lodi Fire Department's proposals regarding ambulances, paramedics, response to crimes, inspections and permits all have fees included with the proposals. It is clear they want to move towards being a "service for a fee" agency. Maybe the City Council should look closer to see if the Fire Department is "top heavy" because they have so much time to put into these fee proposals. The Fire Department already consumes a big piece of the City budget and their requests for larger salaries, benefits, retirement, equipment, remodeling and new stations never end. The City Council is going to have to decide what kind of Fire Department the City will have - a true public service agency or a "service for a fee" agency with an insatiable need for ever increasing dollars from the City budget and fees. I thank you for your consideration. Glenn Glissman, CML Security Lock and Key Service 216 S. School Street Lodi, CA 95240 4/19/2005 K- 26 r. OF COMMERCE April 15, 2005 TO: Lodi City Council Members & the City Manager FR: Lodi Chamber Board of Directors (rk) Lodi Chamber Board Suggests Compromise on Proposed Fire Department Fees.....More Work and Education Needed Before Business Should "Buy -In" Fire Department officials, City Manager, and the Lodi Chamber Board of Directors met in a special meeting April 14, 2005. The sole purpose of the meeting was to review and discuss the Fire Department's proposed fee schedule. After much discussion, the Board determined there are fees for which the Fire Department should currently be charging. Examples of these are; administrative services such as EIR reports, weed abatement activity, emergency response to DUI offenders, chronic or multiple false fire alarm calls, and various investigations. In other areas of service such as new development and tenant improvements for plan reviews, the Board feels there are indeed real costs that should be captured by those receiving services. The Board has opposition to the proposal in the area of annual inspections. The fee schedule and the answers to the Boards questions indicate a lot of unknowns; in terms of just how often and how much these inspections will actually cost business owners. These hazy areas make it difficult to be supportive. Based on the printed information, businesses would be charged by the type of business or items contained on the premises, such as a battery system, or compressed gases or refrigeration equipment. In the example of compressed gases, the Fire Department would charge $243.75. However, it is unclear what would be charged if the business has 20 canisters of gas. Although the Fire Department says the fee would not be 20 times $243.75, they are unable to say exactly what that business would be charged. The Board feels a more user friendly and easier to understand pricing plan would allow a business to understand exactly how much they would have to pay. Other Chamber objections to the fees are in the area of tents, canopies, and temporary membrane structures. Often these items are used in fund-raising events by charities and other non-profit organizations. The Proposed fees indicate a 10X20 foot tent must be inspected at a cost of $150, with additional tents at $75. Fire Department personnel say there is latitude in the schedule and they would be willing to consider a "per event charge" instead of per tent or canopy charge. However, this is not in writing and therefore, not understood. The Chamber Board believes the Fire Department is sensitive to increasing the costs to business and there is some room for "give and take". It is again, the Board's opinion that the proposed fees need to be "spelled out" and more easily understood. The Chamber fielded a survey on Tuesday, April 12`h to 314 business owners and managers. The responses confirm a high degree of confusion. The survey had a 20% response rate. Qualitative comments were largely negative due to confusion and misunderstandings of exactly what the City and Fire Department would do with the additional revenues. The Lodi Chamber of Commerce would urge the City Council and City Manager to work with the business community before beginning to levy these new fees in total. These fees cover a broad range of services and should not be approved in total as currently proposed. Zoomerang Page I of 3 Zz o ©m e r e n g a home O new surveil 0 thy surveys ,.. -0 a Survey Results (lneluded Responses) Membership Survey - Lodi Fire Dept. Proposed Fee Schedule Report created on: Thursday, April 14, 2005 11:51:00 AM The results of your survey are displayed below. If your survey includes text responses, click the "View" button to read individual results. To exclude a pa responses lE a E RUKNKRESPbN Launch Date 04/12/2005 - 8:42 AM Modified Date 1. for services? Close Date Response Ratio Email Invites 314 Visits 104 (33%) Partials 0 (0%) Completes 63 (20%) Responses: Completes only Partials only Completes & Partials Do you feel you understand the Fire Department's proposal for fees 1. for services? Number of Responses Response Ratio Yes 28 4e% No 34 55% Total 62 100% Do you believe the proposed Fire Department fee for service 2. schedule is justified? Number of Responses Response Ratio Yes 11 18% No 49 82% Total 60 100% Do you pay similar fees to other government agencies, such as Hazardous Material Management Plan of SJC, OSHA, San Joaquin 3.Air Pollution District? N..mberor Responses Response Ratio http://www.zoomerang.com/reports/survey-reports.zgi?II =L22BP6RTN9WR 4/14/2005 Zoomerang Page 2 of 3 Yes 21 35% No 39 65% Total 60 100% Do you believe these Fire Dept. services and activities will increase traeeer of Response 4. the level of fire safety in your business? Responses Ratio Yes 10 16% No 52 84% Total 62 100% Are there any fees from the proposed schedule you feel are Numberof Response 5. excessive? Responses Ratio Yes 24 48% No 26 52% Total 50 100% QD 11 Responses Do you see this proposed fee schedule as a strategy to increase 6. revenue for the Lodi City budget? Yes No 7. Would you advise the Lodi Chamber Board to .-. support the proposed fee 1111111111111110 take no position on this matter oppose the adoption of the proposed fees Total Total Number of Response Responses Ratio 51 85% 9 15% 60 100% Num6erof Response Responses Rabe 6 10% 10 17% 42 72% 58 100% http://www.zoomerang.com/reports/survey-reports.zgi?ID=L22BP6R'IN9WR 4/14/2005 Number of Response S.iMMy Business Is ....... Responses Ratio Monty office activity 19 31% RetaiilRestautant 10 16% ManurecUaing/ Distribution 11 18% Aoricufture 1 2% http://www.zoomerang.com/reports/survey-reports.zgi?ID=L22BP6R'IN9WR 4/14/2005 Zoomerang � Other, Please Specify 21 Total 62 Page 3 of 3 34% 100% 1� 10. Please share any additional comments here: Qa 14 Responses Copyright 01999-2005 MarketTools, Inc. All Rights Reserved. No portion of this site may be copied without the express written consent of MarketTools, Inc. Trademark Notice http://www.zoomerang.com/reports/survey-reports.zgi?ID=L22BP6RTN9WR 4/14/2005 Number o! Rlapwro! 9. My business employs the following number of people.... Respons" Rabe 1-5 27 45% 6-15 17 280% 16-30 i 3 5% 31-50 i 4 7% 51-100 • 4 7% 100+ i 5 8% Total 60 100% 10. Please share any additional comments here: Qa 14 Responses Copyright 01999-2005 MarketTools, Inc. All Rights Reserved. No portion of this site may be copied without the express written consent of MarketTools, Inc. Trademark Notice http://www.zoomerang.com/reports/survey-reports.zgi?ID=L22BP6RTN9WR 4/14/2005 t1, Page 1 of 1 . �,y z d 0 m e r a n support lognut l-r�home ;- a new survey Q my suweys grid Survey Results(IncludedResponses' Membership Survey - Lodi Fire Dept. Proposed Fee Schedule Questions that required written responses are displayed by individual query. The "Report Overview' button or "Back" button will return you to your surve Each individual respondent is referenced under the * column. S.Are there any fees from the proposed schedule you feel are excessive? 1 From my experience this is a service that should be provided free of charge by the local fire department. 2 24 hr. cancellation fee, administrative fee, photograph reproduction fee. 3 Virtually every other jurisdiction that we doe business in has similar, (usually higher), fees than those proposed. Although I don't necessarily feel that these services and activities increase the level of fire safety in a business, it is never bad to have Fire and Police department personnel more visible in the community. 4 They all appear to be excessive. 5 Tha cost of doing business in Lodi is already too high! 6 My business already receives a state fire inspection therefore, this fee and inspection is unnecessary! 7 most of them 8 Inspections 9 not excessive but unnecessary - what do we pay taxes for 10 any fee for any inspection that has been done in the past for no cost 11 Fees not excessive, but not necessary in certain categories copyright 61999-2005 MarketTools Inc. All Rights Reserved. No portion of this site may be copied without the express written consent of MarketTools, Inc. Trademark Notice http://www.zoomerang.comlreporWsurvey-reports-open.zgi?ID=L22BP6R'fN9ViR&e--ye... 4/14/2005 Zoomerang Page 1 of 1 z o o m e r a n g : Support logit a Home Survey Results (!,eluded Responses) Membership Survey - Lodi Fire Dept. Proposed Fee Schedule Questions that required written responses are displayed by individual query. The "Report Overview" button or "Back" button will return you to your survE Each individual respondent is referenced under the # column. 10. Please share any additional comments here: 1 Nobody likes to pay fees. it is a fact of life however, tht going forward, cities are going tohave to recoup some of their expenses from users of services. Altough we have people responsible for safety, it is good to have an outside source take an objective look occasionally and offer suggestions. The fee that they are proposing is not excesive and from what I understand is not on an annual basis. 2 Although I feel these services should be provided free of charge, it would be beneficial and the fees are enough to where k is a big deal either way. 3 We already pay for city of Lodi Electrical bills which is a very high percentage of our costs. I understand a portion of this goes to the general funds anyway. I am opposed of any more fees since we are drowing in debts with more fees from the county, state and federal agencies. 4 1 would not approve if these fees went to City General Fund. 5 The Lodi Fire Department, especially the Fire Marshall's office, is very cooperative and generally business -friendly. They offer services that we routinely pay for in other jurisdictions. We have wondered for a long time why we have not been charged a plan check fee for fire and life safety plan checking. In my mind these fees put Lodi closer to the none as far as fee collection goes in similar -sized communities. I answered'no'to the question on whether these new fees are meant to help solve the City's budget woes, as it is not a very significant amount of money in view of the size of the City's budget, or more specifically the Fire Dept's. 6 Why do they spend all monies during good times and do not have any left during bad times then go back to the well to get higher % of our taxes? 7 Business who are already inspected by other agencies should be exempt. 8 Inteestingly there has been no discussion of these fees until we find ourselves in a budget crisis. This now becomes a tax increase under another name. User fees are a resonable approach, but that doesn't seem to be the motivation here. 9 nothing but a money grab in tight budget times 10 either the new proposed inspections with thier fees were not needed in the past or our fire dept has been very negligent in their duty to protect us from fire hazards. This fee schedule is simply an attempt to generate revenue to off set thier personnel costs which are way to high 11 Some of the items have been mandated by the state of California for years, the manpower has not been available to do all that is mandated and provide adequate fire service. 12 Have a nice day 13 I have not been aware of this issue prior to this email. The archives of the shirt sleeve meeting only raise more questions in my mind 14 1 UNDERSTAND THE NECESSITY FOR BRINGING MORE DOLLARS TO THE FIRE DEPT. SO THEY CAN CONTINUE TO TAKE CARE OF THE CITIZENS OF LODI. WITH ALL THE NEW REGS AND RESPONSIBILTIES PUT ON THEM BY THE FEDERAUSTATE GOVERNMENT, AND WITHOUT ADDITIONAL MONIES FROM THE GOVERNMENT TO SUPPORT THESE NEW ACTIVITIES, THE MONEY HAS TO COME FROM SOMEWHERE. MY BUSINESS IS NOT AFFECTED VERY MUCH; IF I HAD A BUSINESS THAT REQUIRED PAYING THESE ADDITIONAL COSTS, I MIGHT THINK DIFFERENTLY. THE PROPOSAL DOES APPEAR TO BE FAIR AND ALL t SEGMENTS OF THE CITY WOULD SHARE IN PAYING THESE FEES. Copyright 01999-2005 MarketTools Inc All Rights Reserved. No portion of this site may be copied without the express written consent of MarketTools, Inc. Trademark Notice http://Www.zoomerang.com/reports/survey-reports-open.zgi?1D=L22BP6RTN9 WR&e=co... 4/14/2005 Verne Person Fire Marshal George Juelch Battalion Chief CITY OF LODI FIRE DEPARTMENT 25 EAST PINE STREET LODI, CALIFORNIA 95240 ADMINISTRATION (209)333-6735 FIRE PREVENTION (209)333-6739 FAX (209) 333-6844 Michael E. Prep Fire Chief Jeff Larson Ron Penix Battalion Chief Battalion Chief TO: City Council thru Blair King, City Manager FM: Michael Pretz RE: Fire Prevention Fee Issues DT: April 19, 2005 Kevin Donnelly Operations Chief Ron Heberle Training Officer After meeting with the Chamber of Commerce Executive Board on April 14th, there appears to be some outstanding issues remaining to be clarified. Items with Chamber support/agreement: New Development and Tenant Improvement fees Administrative fees for services, i.e. DUI emergency response, weed abatement, chronic and multiple false fire alarms, etc. Engine/Truck Company business inspections Mandatory Inspections Fire Prevention Bureau fire code non-compliance charges Items requiring additional explanations: Master Fee Schedule The fee schedule is based upon the Fire Prevention Bureau rate of $75.00 per hour charged in quarter hour increments. For example; $243.75 equates to 3.25 hours of FPB time to inspect the property and issue the permit. Annual Operating Permits and Fees The annual operating permits listed in the Fire Prevention Bureau Master Fees Schedule are operating permits already embodied in the California State Fire Code. The Fire Department must issue these permits to those businesses whose operations fall under these regulations. Moreover, all business must comply with the regulations and meet the conditions described within these regulations. There are 48 special usages regulated by the State Fire Code, the majority of these usages do not apply to small businesses in Lodi. For example: Compressed Gasses, Refrigeration Systems These regulations are for high volume, flammable, toxic, or hazardous gasses used in manufacturing, storage, or production. Likewise refrigeration systems, these are large systems that are also regulated by the Uniform Mechanical Code, not the typical refrigeration system found in a restaurant. There are few businesses in Lodi that fall under these regulations. Tents, Canopies, Temporary Membrane Structures: All tents, canopies, and temporary membrane structures in excess of 200 square feet are regulated by the State Fire Code. The code does allow discretion for the issuance of the permit, as long as the spirit of the fire code is met. Typically, the event organizer is charged the permit fee. Charitable Organizations: While staff is sensitive to the needs of charitable organizations and non-profit organizations, we would prefer that Council waive fees at their discretion. To re -iterate, all of the annual operating permits listed in the Fire Department Fee proposal are required by the State Fire Code. The question before council is whether or not to recover the cost of performing the inspection and issuing the permit. RESOLUTION NO. 2005-81 A RESOLUTION OF THE CITY OF LODI ESTABLISHING A MASTER FEE SCHEDULE FOR ANNUAL PERMITS TO OPERATE NEW DEVELOPMENT AND TENANT IMPROVEMENT PLANS REVIEW, FIRE AND LIFE SAFETY INSPECTIONS, AND OTHER MISCELLANEOUS SERVICES PROVIDED BY THE CITY OF LODI FIRE DEPARTMENT WHEREAS, the City of Lodi Fire Department is charged with the responsibility of enforcing applicable codes pertaining to fire and life safety and other regulations promulgated by the State Fire Marshal pursuant to California Health and Safety Code Section 13146 and California Fire Code Section 101.2.2.2; and WHEREAS, the City of Lodi incurs costs and expends resources when fire prevention services are of a recurrent nature and the result of discretionary development; and WHEREAS, the City desires to establish a policy to recover the cost of providing special services of a voluntary or limited nature, such that general fund monies are not diverted from general services of a broad nature, and thereby utilized to subsidize unfairly and inequitably such special services; and WHEREAS, the City, pursuant to California Health and Safety Code Sections 13146.2(b), 13217(b), and 17951 and California Government Code Sections 6062(a), 6103.7, 66016, 66017, and 66018, is authorized to adopt fees sufficient to pay the cost of providing these services to the general public following proper notice and a public hearing; and WHEREAS, the City Council of the City of Lodi has adopted Ordinance No. 1759, repealing and re-enacting Chapter 15.20 (Fire Code) of the Lodi Municipal Code, which authorizes in Section 15.20.040 the City to establish fees sufficient to recover its costs in administering the Fire Code, subject to adoption of an implementing resolution of the City Council; and WHEREAS, the City of Lodi Fire Department has conducted an analysis of its services, the costs reasonably borne, the beneficiaries of those services, and the cost -recovery revenues produced by those paying fees and charges for special services (Business Plan for Recovery of Costs, i.e. the "Fee Study," and Master Fee Schedule, dated March 2005, collectively attached hereto as Exhibits'A through E and incorporated herein); and WHEREAS, the analysis of fees and service charges set forth in the Fee Study and Master Fee Schedule provide a mechanism for ensuring fees adopted by the City for services rendered do not exceed the reasonable estimated cost of providing the services for which the fees are charged; and WHEREAS, the fees and service charges set forth in the Master Fee Schedule bear a fair and reasonable relationship to the City's costs in administering the Fire Code; and WHEREAS, adoption of this Resolution is exempt from the California Environmental Act (Public Resources Code Sections 21080, et seq.) because it approves and sets forth a procedure for determining fees for the purpose of meeting certain operating expenses of the City; and WHEREAS, the Fee Study was available for public inspection and review in the office of the City Clerk for more than 14 days prior to the date of the Public Hearing on this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lodi does find and resolve as follows: 1. The recitals set forth above are true and correct. 2. The fees and service charges set forth in the Master Fee Schedule (Exhibits B — E) are hereby implemented. 3. The fees and service charges set forth in the Master Fee Schedule are to be uniformly applied and collected for services provided by the Lodi Fire Department or its designated contractor(s). Fees and service charges for special services of a voluntary or limited nature shall not exceed the actual cost incurred by the City in providing the special service. 4. Fees and service charges set forth in the Master Fee Schedule are for each identified service; additional fees and service charges shall be required for each additional service requested or required. Where fees are indicated on a per-unit basis, the fee is for each identified unit or portion thereof within the indicated range of such units. 5. The Fire Chief of the City of Lodi is hereby delegated the authority to create administrative, fee -collection, and financial procedures as necessary to implement the Master Fee Schedule consistent with the policies set forth in this Resolution. 6. The appropriate fee(s) under the Master Fee Agreement shall be paid at the time of application submittal for: a) permits to operate, b) new development and tenant improvement plan checks/inspections, c) annual fire and life safety inspections, and d) miscellaneous services and products. In the event fees are not paid at the time of application submittal or upon request for additional fees, the City shall not be obligated to process, approve, or take further action on permits, plan checks/inspections, fire and life safety inspections, or other services and products listed in the Master Fee Schedule until such time as the appropriate fees are paid to the City. 7. No permit or approval shall be issued by the City unless applicant's project is in compliance with applicable City and state laws and fees required under the Master Fee Schedule are paid in full. Payment of fees by applicant shall not be construed as any waiver of the City's right to enforce compliance with fire and life safety standards, statutes, ordinances, or regulations through any means authorized by applicable law. 8. At regular intervals the Fire Chief shall review the Master Fee Schedule to ensure that fees and service charges continue to bear a fair and reasonable relationship to the City's costs in administering the Fire Code. 9. The Fire Chief shall propose modifications to the Master Fee Schedule to the City Council in the form of a resolution. In proposing modifications to the Master Fee Schedule, the Fire Chief shall consider only the standards, criteria, and procedures established by this Resolution and applicable state law. The Fire Chief may also adjust the type of services offered in the Master Fee Schedule if, in the judgment of the Fire Chief, equity requires such adjustment. 10. Fee adjustments to the Master Fee Schedule proposed by the Fire Chief may be increased by resolution of the City Council in amounts determined reasonable and necessary when budget and workload analysis supports such increases. it. The Master Fee Schedule established in this Resolution shall be effective on July 1, 2005, which date is at least sixty (60) days after adoption of this Resolution. 12. This resolution shall be published one time in the "Lodi News -Sentinel," a daily newspaper of general circulation printed and published in the City of Lodi. Dated: April 20, 2005 I hereby certify that Resolution No. 2005-81 was passed and adopted by the City Council of the City of Lodi in a regular meeting held on April 20, 2005, by the following votes: 1) In reference to the Annual Fire and Life Safety Inspection fees (Exhibit B): AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 2) In reference to the Business Fire and Life Safety Inspection fees (Exhibit C): AYES: COUNCIL MEMBERS — Hitchcock, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS — Hansen and Johnson ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 3) In reference to the New Development and Tenant Improvements Plans Review fees (Exhibit D): AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None 4) In reference to the Miscellaneous fees (Exhibit E): AYES: COUNCIL MEMBERS — Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None SUSAN J. BLAST City Clerk 2005-81 i1 EXHIBIT A City of Lodi Fire Department Business Plan for Recovery of Costs Associated with Annual Permits to Operate New Development and Tenant Improvement Plans Review Annual Fire and Life Safety Inspections and Miscellaneous Fire Department Products and Services March 2005 Regulation and Policy The fee schedules will apply within the legal boundaries of the City of Lodi. Operational oversight will be provided by the Lodi Fire Department as developed by the Fire Chief. Coordination of activities associated with the fee schedules will be performed by the Fire Marshal and Fire Prevention Bureau of the Lodi Fire Department. As a cost -recovery program, the fee schedules will be evaluated periodically to ensure revenue represents actual cost -recovery without surpluses or deficits. Fees will be established after quantifying time -on -task and frequency of occurrence for each item in the schedules. A significant factor in determining the fee amounts will be ensuring all prevention activities are included in cost -recovery calculations. Roles and responsibilities of staff utilizing the fee schedules will be articulated by the Fire Chief and Fire Marshal. Prevention activities subject to cost -recovery (plan review, fire and life safety inspections, permits -to -operate, and miscellaneous) will be performed by authorized fire department personnel. This staff will be part of the chain -of -command flowing through the Fire Marshal to the Fire Chief. Inspectors and clerical staff will have clearly defined roles, responsibilities, and lines of communication. Day-to-day oversight will be provided by the Fire Marshal, with overall management and policy development determined by the Fire Chief. Planning will be an ongoing activity focusing on two outcomes: 1) the City of Lodi has direct control over activities and situations affecting fire and life safety, and 2) entities and individuals receiving direct benefit from city resources bear the cost of consuming those resources. Formal changes to the program will be proposed during, and as part of, the budget process when practical. Changes arising from environmental conditions will be identified and presented when the interests of the city or consumers will be affected significantly. To ensure the city's interests are represented fully, the fire department will consult with Community Development, Public Works, and Finance departments as well as the City Attorney and City Manager before implementing any significant change, expansion, or reduction in the fee schedules; however, the final decision to request authorization from the City Council will rest with the City Manager. Analysis and Planning For the City of Lodi, the components and level of service associated with creating, implementing, and operating a cost -recovery fee schedule will be tailored to its perspectives, preferences, and priorities. Detailed quantitative analysis shows the relationship between the time needed to perform the various tasks for the items listed in the fee schedules and the cost of operating the Fire Prevention Bureau of LFD. This analysis also identifies the financial, equipment, facilities, and staffing needs necessary to serve the public quickly and effectively. This analysis will establish baseline values for activities and costs as well as creating a standardized method for assessing needs and meeting those needs with specific service elements. In addition to specific analysis to determine levels of service and cost -recovery values, community and demographic data will be factored into the calculations to ensure proper weighting of local characteristics is included. Since this will be a new program for the city, the fee schedules will be compared to prices charged by other jurisdictions in the region as well as specific analysis of LFD cost - recovery requirements. Another source to assure the reasonableness of the fee schedules is the results of a survey conducted by the International Conference of Building Officials. The ICBO surveyed 63 California cities and counties, grouped by population, and developed descriptive statistics of the fees charged to review plans and conduct inspections for the most common construction types. The LFD Strategic Plan identifies numerous performance measures as a means of validating the expected outcomes of department activities. As the fee schedules are implemented, additional performance measures related to work processes and outcomes may be developed to ensure accountability to the city and general public is maintained. These performance measures as well as ongoing program evaluation will be part of a "system assessment cycle" that includes: data collection, evaluation, analysis, planning, implementation, training, feedback, and more data collection. This will allow the department to monitor short- and long-term changes in the environment, current local and regional conditions and trends, as well as changes in demographic, economic, and political circumstances that may affect the business interests of the city. Finance Economists have advocated more extensive utilization of user charges by local governments to finance public services. "User charges put public prices on public products. They apply to those who voluntarily consume services or use public facilities... They are favored not only because they [generate savings to the general fund], but also because they can lead to more efficient allocation of resources and a more equitable distribution of public services" (San Marcos Water District v. San Marcos Unified School District, 1985). To be certain our cost calculations consider the full range of applicable indirect as well as direct charges, LFD will review all aspects of the fire prevention portion of the department's overall budget. "The real costs of municipal services involve substantially more than the direct salary and benefit costs associated with delivering a service. Cost calculations also include such indirect costs as departmental overhead and administration, municipal overhead and administration, fixed asset replacement, capital depreciation, debt service, and retirement."' In an opinion letter dated July 21, 1997, titled Building Inspection and Permit Fees -#12478, the Legislative Council of California stated, in the opinion of that office, California statutes authorize local building departments to include those costs within the fees it charges for permits and inspections. To identify the total cost -recovery amount, both internal and external costs will be included. Internal costs are those fire department direct expenses identified in the annual budget documents. External costs are those services and support provided by other city departments as a component of the overall city organization. Incorporating the cost of support services provided by the city (which allows the fire department to function) acknowledges the "administrative infrastructure" which is as necessary as the city's physical infrastructure for meeting service demands. Administrative infrastructure includes city services such as data processing, finance, human resources, vehicle and building maintenance, legal counsel, and time spent by the City Council enacting laws and ordinances regulating fire and life safety. In other words, plan checks, inspections, and related permit services could not occur without an organization capable of meeting the various resource needs of citizens, businesses, and developers. The basic methodology for cost -recovery is to identify all costs of services provided by LFD (plans review, fire and life safety inspections, permits, and miscellaneous) and create fees based on the time ' Bouse, Michael W.; Establishing Building Permit Fees; p 13; International Conference of Building Officials, 1998. required by fire department personnel to complete those tasks. The fee for reviewing a particular type of plan document will be based on the time needed to complete the review. Based on the available capacity of the Fire Prevention Bureau of LFD, the hourly rate for providing services will be $75 per hour. This includes all direct and indirect costs of prevention as well as an administrative overhead charge representing the cost of support services provided by the City of Lodi. The best way to calculate time -on -task for the items included in the fee schedules is to examine historical records and combine values from several years or accounting periods into a representative value supported by statistical analysis. Until recently, LFD record keeping has been limited to compliance with mandated external reporting requirements. This means documentation of activity relevant to establishing fee schedules is incomplete and not suitable for use as the sole basis for determining prices. Rather than establishing prices in an arbitrary manner, LFD has chosen to utilize information from Community Development, Public Works, ICBG, and nearby jurisdictions in addition to available department data. To ensure the fee schedules can withstand critical scrutiny, the assumptions, methods, and values have been reviewed by the Finance, Community Development, and Public Works directors; the city Building Official; City Attorney; and City Manager's office. Legal Licensing laws and regulations achieve a number of related police power objectives by controlling performance of designated activity and prohibiting unlawful and unsafe practices. User fees in California are required to conform to the requirements of the California Constitution as well as the statutory requirements contained in the California Code of Regulations and Government Code. State courts have been very flexible regarding methodologies used by local jurisdictions to establish service fees. The courts have held that some form of study or analysis must be conducted, and that the rationale used in the study must be reasonable. The reasonable cost standard is met when fees are based on supporting data for the jurisdiction .2 Quality Management The main focus for quality management activities is ensuring fee schedule prices reflect appropriate cost -recovery guideljnes. These guidelines, in turn, are based on community needs and expectations, desired organizational outcomes, and available resources. Another function of quality management is ongoing evaluation of performance targets to measure compliance to policies and procedures as well as ensuring targets are realistic and attainable. A third use of quality management is to build, verify, and monitor standards and procedures for successful completion of the permit/inspection process. Analysis of quality management tasks and data will identify areas of improvement, evaluate system performance, prioritize areas of development, monitor performance indicators, discover training opportunities, and include customer satisfaction feedback loops. The performance measures identified in the Strategic Plan will be the basis for capturing appropriate data points as well as allowing analysis from different perspectives using different data groupings and levels of aggregation. x Bouse, Michael, W.; Establishing Building Permit Fees; p 7; International Conference of Building Officials, 1998. Education and Information Education and information activities will be divided into three basic groupings: 1) meetings with civic groups, developers, and interested stakeholders; 2) casual or informal information exchange at the permit center counter; and 3) publishing and distributing a "developer's guide" for the purpose of allowing interested parties to know, up front, the expectations of the City of Lodi in regards to code compliance and the review/inspection processes. The first phase of education and information activities will focus on introducing the fee schedules, answering questions, and building understanding of the need to implement cost -recovery efforts. The second part of education and information activities is daily, ongoing contact with applicants. A knowledgeable counter -person will be able to answer questions and distribute literature. The third phase will promulgate consistent interpretation of the codes through development and distribution of standards and guidelines. This will allow developers to create plans in compliance with local expectations and reduce disputes over city requirements. In addition to the developer's guide, various pamphlets, brochures, and flyers will be created as demand requires. Equipment and Facilities Since the fee schedules are a new endeavor for LFD, there is no way to quantify their impact on available capacity. The fire department is comfortable with using available resources to operate the program until a baseline history of the actual workload can be established. Developing and designing appropriate forms and checklists will be the only initial change to LFD resource needs. Operations The fee schedules will be based on this plan and supporting data analysis. Work flow will remain basically the same, only the volume will increase. This program is an extension of the fire department's strategy to utilize resources efficiently and effectively, uses the existing chain of command, and as workload increases will provide for further delineation of responsibility and authority. Service delivery will be consistent with city and LFD policy; industry standards; and applicable statutes, ordinances, and regulations. Although formal disputes are rare, the Lodi Municipal Code articulates the means by which an applicant can appeal. There will be a need for additional technical training in hazardous materials management and in some aspects of permit requirements. LFD will work cooperatively with other departments and organizations in planning, identifying needs, training, integration, and coordination of tasks, documents, and approvals. This will be a cooperative effort on the part of city departments to ensure changes to work processes, lead time, and documentation will be implemented in a manner that provides the city control and oversight while recovering the costs of enforcement. In general, for each requested service, an applicant will complete an application form or submit the appropriate materials, pay the required fee (or minimum increment) and the work will be processed in the order in which it received. For example, a hood -and -duct system will take four hours for document review and inspection. At $75 per hour, one system will recover $300, if ten systems are installed, the City of Lodi will recover $3,000. The fee schedule can accommodate special circumstances, but the customer will pay a premium for LFD to perform services outside its customary operating structure. Likewise, should a customer fail to meet his or her obligations, there is a penalty for consuming city resources unnecessarily. Implementation The likely (based on surveys and available city data) time -on -task associated with each fee schedule item is the basis for establishing the actual fee amount. In cases where it is not possible to quantify the exact amount of time for completing a particular task, minimum incremental fees are listed—subject to adjustment as the actual time -on -task is determined for each project or activity. This assures fees are matched as closely as possible to the resources consumed for providing the specified service or product. The fees are based on the annual available hours of fire department staff in comparison with the costs to be recovered. The target for cost recovery is the Fire Prevention Bureau portion of the fire department budget plus the city administrative overhead costs proportionally allocated to prevention activities. Because this is a new endeavor for the fire department, it is difficult to anticipate exactly the increase in workload and its effect on available capacity. This is why many items in the fee schedules list minimum increments of the final fee as the base price and why the program will be implemented in phases. The fee schedules will be implemented starting with tasks already performed by LFD and advance to activities requiring different skills and additional capacity. However, as the program matures and detailed historical data is collected, cost -recovery estimates will be refined and adjusted as necessary to more closely align with the cost -recovery target. The Master Fee Schedule contains the complete listing of the items for which fees will be collected when the program is fully implemented. Plans review and certain fire and life safety inspections will be the first phase of implementation. Annual permits to operate will be introduced after the operational methods are shown to be effective and efficient. Miscellaneous items will be added as needed while the program develops and solidifies. EXHIBIT B Annual Fire and Life Safety Inspections Fee State Mandated Inspections E-3 Occupancies — Day Care 7 - 49 clients 150.00 + 50 - 149 clients 187.50 + >= 150 clients 225.00 + Pre -inspection <= 25 clients 50.00 Pre -inspection > 25 clients 100.00 I Occupancies — Institution 1-1 or 1-2 Occupancies < 6 patients 150.00 + 1-1 or 1-2 Occupancies >= 6 patients 225.00 + 1-3 Occupancies — Detention Facilities No Charge R-1 Occupancies — Apartments 3 - 16 Units 112.50 + 17 - 32 Units 150.00 + >= 33 Units 187.50 + R-1 Occupancies — Hotels/Motels 3 - 16 Units 112.50 + 17 - 32 Units 150.00 + >= 33 Units 187.50 + R-2 Occupancies — Residential Care Facilities >= 7 residents 225.00 + Pre -inspection < 25 residents 50.00 Pre -inspection >= 26 residents 100.00 R-3 Occupancies — Large Family Day Care 7 to 14 clients 75.00 + Pre -inspection 50.00 R-6 Occupancies — Halfway Houses, etc. >= 7 residents 225.00 + Pre -inspection < 25 residents 50.00 Pre -inspection >= 26 residents 100.00 EXHIBIT C Business Fire & Life Safety Inspections Fire Company Business Inspection Initial plus 1 Reinspect No Charge Additional Reinspections (each) 75.00 + + Minimum Fee, actual cost may vary EXHIBIT D New Development and Tenant Improvements Plans Review Fee Site Planning Fee Annexation 150.00+ Land Use 150.004- 50.00+Lot LotLine Adjustments 150.00+ Parcel Map 150.00+ SPARC 150.00+ Zoning Variance 150.00+ Subdivision/Lot Splits 375.00+ 1 — 4 Lots 150.00 5 — 24 Lots 300.00 25 or more Lots 450.00 Fire & Life Safety Plans Review and Inspections Fee Fire Review of Building Construction Add 25% to building plan check 7 — 19 Heads & building permit fee Certificate of Occupancy (Fire) 75.00+ Fire Protection Equipment Plans Review and Inspections Fee Civil Improvement Site Plan (no underground inspection) 150.00+ Compressed Gas System (each) 450.00+ Hazardous Materials 375.00+ Medical Gas 450.00+ Fire Alarm System 450.00+ Fire Alarm System for Fire Sprinkler Monitor 300.00+ Fire Flow/Hydrant Test 150.00+ Fire Pump 900.00+ Fire Sprinkler System (per riser) 1 — 6 Heads 225.00 7 — 19 Heads 375.00 20 — 99 Heads 750.00 100 — 199 Heads 1,050.00 >=200 Heads (plus $0.50 per head) 1,350.00 Halon/Clean Agent System 450.00+ Hood & Duct Fire Suppression System (each)' 300.00+ `hood requires separate building permit Plan Maintenance Fee' Add 5% to plan check fee 'fire alarm system, alarm system for sprinkler monitor, fire pump, fire sprinkler system, halon/clean agent system, hood & duct suppression system, spray booth, standpipe/hose stations Smoke Management Systems 750.00+ Spray Booth (each) 450.00+ Standpipe/Hose Stations 150.00+ Miscellaneous Development Fee Administrative Charge Design Review Consultation/Conference 75.00+ Minimum Intake Fee (not otherwise specified) 75.00 Second & Subsequent Plan Revision Submittals (each) 150.00 Temporary Certificate of Occupancy 150.00 Special Plan Review Request After Hours 225.00+ Not Otherwise Specified 150.00+ Cancellation - <24 Hrs. notice, Not Ready, No Show 75.00 Technical Report/Alternate Materials or Methods* 150.00+ *per code item plus consultant fee plus 20% admin. fee + Minimum Fee, actual cost may vary EXHIBIT E Miscellaneous Fee Administrative Charge Appeals — When Fire Chief Denies Application 250.00 Environmental Impact Report Document Search 75.00 + Other Activities Not Listed 75.00 + Refund Processing 37.50 Weed Abatement (per parcel) 150.00 + Emergency Response (per company) 131.00 Hazardous Materials 131.00 + False Alarms — 2 or fewer per calendar year No Charge Third False Alarm 75.00 Fourth False Alarm 150.00 Fifth and Subsequent (each) 393.00 Contact not at scene in 60 min 131.00 Failure to notify LFD of test 131.00 Fire Investigations (per person) 75.00 + Fire Reports and Other Documents (per page) 0.25 + Investigation - No Construction Permit 75.00 + Occupancy Load Calculation 75.00 + Photograph Reproduction (per print) Actual cost plus 20% admin fee Standby (per person) 75.00 + Standard Hourly Rate LFD Personnel 75.00 Engine or Truck Company 131.00 + Minimum Fee, actual cost may vary 9<iFOPC� Please immediately confirm receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: RESOLUTION ESTABLISHING MASTER FEE SCHEDULE FOR ANNUAL PERMITS TO OPERATE NEW DEVELOPMENT AND TENANT IMPROVEMENT PLANS REVIEW, FIRE AND LIFE SAFETY INSPECTIONS, AND OTHER MISCELLANEOUS SERVICES PROVIDED BY THE CITY OF LODI FIRE DEPARTMENT PUBLISH DATE: WEDNESDAY, MAY 4, 2005 TEAR SHEETS WANTED: Three (3) Please SEND AFFIDAVIT AND BILL TO: SUSAN BLACKSTON, CITY CLERK City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: WEDNESDAY, APRIL 27, 2005 ORDERED BY: JACQUELINE L. TAYLOR, CMI DEPUTY CITY CLERK KAKI J. CHADW ICK ADMINISTRATIVE CLERK i JgWNIFER NVPERRIN, CMC DEPUTY CITY CLERK ,OI C'AQ E SEND PROOF OF ADVERTISEMENT. THANK YOU!! Faxed to the Sentinel at 369-1084 at th'-240. (time) on 1 \�x3CCLi Phoned to confirm receipt of all pages at W2ekoS forms\advins.doc PROOF OF PUBLICATION (2015.5 C.C.C.P.) STATE OF CALIFORNIA >unty of San Joaquin un a citizen of the United States and a resident the County aforesaid: I am over the age of ghteen years and not a party to or interested the above entitled matter. I am the principal -rk of the printer of the Lodi News -Sentinel, a .wspaper of general circulation, printed and iblished daily except Sundays and holidays, in e City of Lodi, California, County of San Joaquin id which newspaper had been adjudicated a -wspaper of general circulation by the Superior mrt, Department 3, of the County of San Joaquin, ate of California, under the date of May 26th, 53. Case Number 65990; that the notice of which e annexed is a printed copy (set in type not faller than non-pareil) has been published in ch regular and entire issue of said newspaper id not in any supplement thereto on the following rtes to -wit: ay 4th I in the year 2005. :ertify (or declare) under the penalty of perjury at the foregoing is true and correct. ited a Lodi, California this 4th day of ay, 00 .... +1s ..:....................... Signature This space is for the QFppt)' Clerk's Filing Stamp Proof of Publication of Resolution Establishing Master Fee Schedule For Annual Permits to Operate New Development & Tenant Improvement Plans Review, Fire & Life Safety Inspections, & Other Miscellaneous Services Provided By the City of Lodi Fire Department 8501762 RESOLUTION NO. 200581 A RESOLUTION OF THE CITY OF LODI ESTABLISHING ,. A MASTER FEE SCHEDULE FOR ANNUAL PERMITS TO OPERATE NEW DEVELOPMENT AND TENANT IMPROVEMENT PLANS REVIEW, FIRE AND LIFE SAF JNSPE( TIONS, AND OTHER MISCELLANEOUS SERVICES PROVIDED BY THE CITY OF LODI FIRE DEPA WHEREAS, the City of Lodi Fire Department is charged with the responsibility of enforcing applicable codes pertaining to fire ar sSfety, and other regulations promulgated by the State Fire Marshal pursuant to California Heats and Safely Code Section 13141 California Fire Code Section 101.2.2.2; and WHEREAS, the Cry of Lodi incurs costs and expends resources when fire prevention services are of a recurrent nature and the of discretionary development; and WHEREAS, the City desires to astablish a policy to recover the cost of providing special services of a voluntary or limited a such that general fund nwnies are not diverted from general services of a broad nature, and thereby utilized to subsidize unfairt iifequitaby such special services; and WHEREAS, the City, pursuant to California Health and Safety Code Sections 13146.2(b), 13217(b), and 17951 and Calk Government Code Sections 6062(a), 6103.7, 66016, 66017, and 66018, is authorized to adopt fees sufficient to pay the cost o viding these services to the general public following proper notice and a public hearing; and WHEREAS, the City Council of the City of Lodi has adopted Ordinance No. 1759, repealing and re-enacting Chapter 15.20 Code) of the Lodi Municipal Code, which authorizes in Section 15.20.040 the City to establish fees sufficient to recover its co adiminlstering the Fire Code, subject to adoption of an implementing resolution of the City Council; and WHEREAS, the City of Lodi Fire Department has conducted an analysis of its services, the costs reasonably bome, Me bene ies of those services, and the cost -recovery revenues produced by those paying fees and charges for special services (Busineas for Recovery of Costs, i.e. the "Fee Study," and Master Fee Schedule, dated March 2005, collectively attached hereto as Exhil through E and incorporated hemin); and WHEREAS, the analysis of fees and service charges set forth in Me Fee Study and Master Fee Schedule provide a macrame ensuring fees adopted by the City for services rendered do not exceed the reasonable estimated cost of providing Hie servia which are tees are charged; and WHEREAS, the fees and service charges set forth in the Master Fee Schedule bear a fair and reasonable relationship to the costs in administering the Fire Code; and 11 WHEREAS, adoption of this Resolution is exempt from the California Environmental Act (Public Resources Code Sections 2 et seq.) because it approves and sets forth a procedure for determining fees for the purpose of meeting certain operating exp( of Me City; and WHEREAS, the Fee Study was available for public inspection and review in the office of Me City Clerk for more than 14 days pi this, date of the Public Hearing on this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Cry Council of the City of Lodi does find and resolve as follows: l 'The nickels set forth above are true and correct. 29The fees and service charges set forth in the Master Fee Schedule (Exhibit B-E) are hereby implemented. 3;The fees and service charges set forth in the Master Fee Schedule are to be uniformly applied and collected for services pro by the Lodi Fire Department or its designated contractor(s). Fees and service charges for special services of a voluntary or li nature shall net exceed the actual cost incurred by the City in providing the special service. 4;.Fees and service charges set forth in the Master Fee Schedule are for each Identified service; additional foes and service ch. shall be required for each additional service requested or required. Where fees are indicated oda per-unit basis, the fee is for identified unit or portion thereof within the indicated range of such units. S.The Fire Chief of the City of Lodi is hereby delegated the authority to create administrative, fee -collection, and financial pros e a3 necessary to implement the Master Fee Schedule consistent with the policies set forth in Mis Resolution. under the Master Fee Anreement shall be paid at the time of application submittal for: services and products. In the event tees am net paid at Rte flare of application Suommtal or upon request for additional fees, In sJiall net be obligated to process, approve, or take further action on permits, plan checkslnspections, fire and Ike safety ufspec of other services and products listed in Rite Master Fee Schedule until such time as the appropriate fees are paid to the City. 7.No permit or approval shall be issued by the City unless applicant's project is in compliance with applicable City and state law fees required under the Master Fee Schedule are paid in full. Payment of fees by applicant shall not be construed as any wai the CVs night to enforce compliance with fire and Itie safety standards, statutes, ordinances, or regulations through any n authorized by applicable law. 1. SAt regular intervals the Fire Chief shall review the Master Fee Schedule to ensure that fees and service charges continue to t fair and reasonable relationship to the Ckys costs in administering the Fire Code. 9,The Fire Chief shall propose modifications to the Master Fee Schedule to the City Council in the form of a resolution. In prop riloddicetions to the Master Fee Schedule, the Fire Chief snail consider only the standards, criteria, and procedures establish tis Resolution and applicable state law. The Fire Chief may also adjust the type of services offered in the Mailer Fee Schad ir♦ the judgment of the Fire Chief, equity requires such adjustment. I Fee adjustments to Me Master Fee Schedule proposed by the Fire Chief may be increased by resolution of the City Celt amounts determined reasonable and necessary when budget and workload analysis supports such increases. it,:The Master Fee Schedule established in Kris Resolution shall be effective on July 1, 2005, which data Is at least sixty (60) after adoption of this Resolution. 12.This resolution shall be published one fime in the "Lodi News -Sentinel," a daily newspaper of general circulation parted anc fished in the City of Lodi. Dated; April 20, 2005 1 hereby cetry that Resolution No. 200"1 was passed and adopted by the City Council of the Cay of Lodi in a regular meeting on April 20, 2005, by the following votes. 1; In reference to the Annual Fire and Life Safety Inspection fees (Exhibit Bp AYES: COUNCIL MEMBERS - Hansen, Hitchcock, Johnson, Mounce, and Mayor Beckman NOES: COUNCIL MEMBERS - None ABSENT:COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS -None 2) In reference to the Business Fire and Lae Safety Inspection foes (Exhibit C): AYES: COUNCIL MEMBERS - Hitchcock, Mounce, and Maya Beckman NOES:COUNCIL MEMBERS - Hansen and Johnson ABSENT: COUNCIL MEMBERS -None ABSTAIN: COUNCIL MEMBERS -None 3) In reference to the New Development and Tenant Improvements Plans Review fees (Exhibit D): AYES: COUNCIL MEMBERS- Hansen, Hitchcock, Johnson, Mcunce, and Mayor Beckman NOES: COUNCIL MEMBERS - None ABSENT:000NCIL MEMBERS - None