Hold a public hearing to adopt the 2022-23 Master Fee Resolution and approve changes to the Yolo County Master Fee Schedule for the Agriculture, Community Services, County Administrator, County Wide, District Attorney, Financial Services, Library, Probation and Sheriff departments. (General fund impact: $104,954) (Haynes/Patterson)

This item presents the proposed Master Fee Resolution for fiscal year 2022-23, incorporating fee changes for the Agriculture, Community Services, County Administrator, County Wide, District Attorney, Financial Services, Library, Probation and Sheriff departments.
 
The Master Fee Resolution, first adopted by the Board of Supervisors in 1991, includes an estimated 1,300 fees and charges for services provided by County departments.  The use of a single resolution and integrated fee schedule provides for a systematic review of County fees and allows for necessary adjustments to reflect changing service delivery costs.  The Master Fee Schedule was last updated on December 7, 2021.  The sections below describe in further detail the proposed fee changes in the 2022-23 Master Fee Resolution. 
 
Agriculture

The Yolo County Department of Agriculture is proposing revisions to fees to recover costs associated with issuing Phytosanitary Inspection Certificates.  Each year the Agriculture Department issues Phytosanitary Certificates for commodities to enter both domestic and foreign commerce.  These certificates (through inspection of the proposed shipment “lot”) attest to the freedom of pathogens, weeds, and insects, which may be detrimental to agriculture, and help ensure they are not shipped to regions and countries where they do not occur.  Certificates for shipments within the United States are issued under the authority of the California Department of Food and Agriculture (CDFA) and foreign shipments under a cooperative agreement with the United States Department of Agriculture (USDA).  Based on the department hourly rate of $123.00/hr. a 3-year analysis of data shows an average cost of $73.28 for each Phytosanitary Certificate issued.  The current fee is $45.00/certificate, and the department is proposing an increase of the fee to $55.00/certificate.  The Agriculture department then plans to analyze this fee yearly until full cost recovery is met.  The increase in revenue will fluctuate year to year based on exports (2021 data issuance of 6600 certificates would equate to $66,000 in additional revenue to recover costs).  The last fee increase for Phytosanitary Certificates was in June of 2018.

While updating fees related to Phytosanitary Inspection, the department is proposing the elimination of two fees related to Phytosanitary Inspections Trip Fees.  The department rarely delivers phytosanitary certificates and now with the electronic signature feature, some certificates are able to be printed by the companies themselves. As these fees have not been utilized in several years, there is no fiscal impact to the department as a result of their deletion.   

In addition, the department is proposing a commercial device registration fee increase for various commercial devices to conform with Business and Professions Code 12240.  Each year owners of commercial weighing and measuring devices must register those devices with the department for a fee.  These associated fees are to cover the cost of inspecting and testing (sealing) the devices to assure consumers are being charged accurately for goods purchased and to help ensure an equitable marketplace for everyone.  Business and Professions Code 12240 allows for the County to collect those fees and, under subparts of the statute, set a maximum fee limit for commercial devices under the authority of the County Sealer.  The fee increases can be referenced in the table below.  

Also, to better mirror Business and Professions Code 12240 the department is also proposing to add two commercial device fees.   Section 12240 (p) which allows fees for commercial scales with a capacity of 100 lbs. to 2,000 lbs. and Section 12240 (q) which itemizes fees for odometers.  An itemized list of devices and their associated fee increases can be found below.  The increase in fees is expected to increase department revenue by $27,114 which has been included in the FY2022-23 budget.  It is important to note that the last revision for registration fees occurred in April of 2014 and these fees will not take effect until January of 2023.
 

 

 
 
Community Services

Cannabis
On the current Master Fee schedule under Countywide, there are two fees that were adopted in December 2017 for Cannabis RFP Nursery/Processing Facility Application Processing: Phase 1 for $3,576/application and Phase 2 for $7,427/application. Staff is proposing to eliminate these two fees under the Countywide department on the Master Fee schedule since new fees were added in December 2021 under the Department of Community Services, Cannabis Division. The division presented and prepared the Cannabis Land Use Ordinance (CLUO) which was approved by the Board of Supervisors on September 14th, 2021 and then amended on December 7th, 2021.

Planning
The Department of Community Services, Planning Division, is proposing to eliminate the Lot Line Adjustment fee that is listed on the current Master Fee schedule for $1,274/Flat Fee. The division completed a cost analysis for all Planning fees in late 2021 and for some of the fees, new fees were added to replace existing fees. These fee changes were proposed and approved by the Board of Supervisors at the December 7, 2021 meeting. The original Lot Line Adjustment fee was replaced with two new fees; however, the original fee was not eliminated in error.

Environmental Health
On April 1, 2022 the Napa-Solano-Yolo-Marin-Mendocino Public Health Lab increased their fee for processing water samples by $1.00 which resulted in a $1.00 fee increase for the nitrate, nitrite and bacteriological, and PAC quantitray bacti lab fees for Yolo County. These fees are set by Solano County, incurred by Yolo County and passed on to customers.

Landfill
The Integrated Waste Management Division operates as a self-supporting enterprise fund and depends on revenue from disposal and recycling services and permit fees to fund most of its programs, including operation of the Yolo County Central Landfill (landfill) and the Esparto Convenience Center (transfer station). Many of the fees reflect a large percentage increase due to mandatory requirements by State of California for proper process of appliances, organic waste, and other waste streams. Fees affected by this increase include:

The division proposes to increase fees for loads of construction and demolition (C&D) both high and low quality.  High quality rates would increase from $85 per ton to $87 per ton, while the low-quality C&D would also increase by 2% percent, from $95 ton to $97 ton. This increased revenue will help offset increased operating costs.  Other C&D fees are proposed for increase:

Revisions to residential loads of waste at the Esparto Convenience Center are also proposed. A 25% increase is proposed for Residential Autos with Loads of Waste ($8 each to $10 each), a 20% increase for Residential full-size pick-ups, Full-size vans & small trailers with loads of yard waste less than 3 feet high ($25 each to $30 each), and an 11% increase to Residential Mini-Pickups & Mini-Vans with loads of yard waste less than 3 feet in height and 8 feet in length ($18 each to $20 each).  The department has also requested a fee increase for Autos with loads of waste at the Central Landfill ($9 each to $10 each) and for Full-size Pickups and Full-size Vans & Small Trailers with Loads of Waste less than 3 feet in Height and less than 8 feet in length ($28 each to $30 each). These increases are related to increased operational costs associated with the Landfill’s new operating contract.
 
The department is requesting addition of two new fees for liquid waste. The first requested fee would pertain to liquid waste suitable for the landfill digesters and would include food related liquid wastes such as winery, fats, oils and greases and similar.  The new rate for this waste would be $26 per ton, which is a reduction over the standard liquid waste rate due to the offsetting benefits of this waste.  The Division is also proposing a contaminated mud and concrete grinding slurry rate of $135 per ton.  This rate is necessary due to the high solids content of this waste. The department anticipates these two fees would generate $93,500 annually. 

Current liquid waste fees, including those with high solids content or requiring special treatment are also proposed for revision. Liquid waste is increasing by $5 per ton (from $40 ton to $45 ton), while those requiring special treatment are increasing by 15% from $65 ton to $75 ton.

The fee for wastewater treatment plant biosolids-beneficial use is also proposed for revision, increasing 55% from $20 per ton to $31 per ton. The 55% increase on this fee is necessary to offset increased costs due to a recently completed competitive solicitation for the landfill operations agreement which resulted in significantly higher operations costs.

The Landfill is also proposing revisions to current green waste and wood fees due to the aforementioned landill operating contract and overall increases in operation costs due to inflation.  These increases include an 11% increase for mini pick-ups with loads of waste, green waste, wood or brush ($18 each to $20 each) and full-size pick-ups with loads of green waste or wood would increase from $25 to $30 (20% increase).  Fee revisions related to mixed inerts and sods are also proposed. These fees, which include a minimum fee for weigh loads, mini pick-ups, full size pick-ups and oversized loads, are all increased by approximately 45%.  These increases are based on the surveyed average weight of each of these loads.  Loads of clean wood waste ($75 ton to $78 ton), and the minimum fee for weighed loads of pressure treated wood ($35 each to $65 each) are also proposed for revision.
 
Several miscellaneous rates are proposed to be adjusted based on increased operations costs.  These include certificates of destruction which would increase from $12 to $13 (8.3% increase), truck wash outs $25 to $35 (40% increase), drip tape ($75 ton to $78 ton) and soil requiring special handling-mud ($25 per ton to $38 per ton).
 
A decrease in the fee for loads of grits, rags and sewage sludge has also been proposed by the division in order to accurately reflect the fee currently being charged at that location. If approved, the fee would reduce from $130 per ton to $78 per ton.  The reduction is possible due to a new rate structure in the recently approved Landfill operations management agreement. Reductions at the Esparto Convenience Center are also proposed for Residential Vehicles and trailers with waste between 3 feet and 6 feet in height ($40 each to $30 each) and Residential Vehicles and trailers with waste between 8 feet and 10 feet in height ($50 each to $40 each).
 
Overall, the proposed landfill fees will increase revenue this next fiscal year by approximately $913,000 and were reflected in the FY 2022-23 Recommended Budget for the division.
 
County Administrator

The County Administrator’s Office (CAO) is proposing to eliminate and revise specific fees related to notary services. The County last updated these fees in 2005.  Governed by California State Government Code Section 8211, three of the existing fees - the protest of non-payment of a promissory note, the recording of every nonpayment of a promissory note and serving notice of nonpayment of a promissory note - are now only relevant to banking institutions and should be removed from the Master Fee Schedule.
 
Per code, the fees for acknowledgement or proof of a deed or other instrument, administering an oath or affirmation to one person and executing the jurat, and certifying a copy of a power of attorney under Sect. 4307 of Probate Code each increase from $10 to $15.  Additionally, the fee for all services rendered in connection with the taking of any deposition shall increase from $20 to $44.
 
These fees are collected infrequently and will not have a measurable fiscal impact.
 
Countywide
 
The current Master Fee schedule under Countywide includes two fees that were adopted in December 2017 for Cannabis RFP Nursery/Processing Facility Application Processing: Phase 1 for $3,576/application and Phase 2 for $7,427/application. Staff is proposing to eliminate these two fees under Countywide on the Master Fee schedule since new fees were added in December 2021 under the Department of Community Services, Cannabis Division.
 
District Attorney
 
Staff recommends adding back a $250 Domestic Violence fee that was erroneously eliminated as part of the December 2021 Master Fee update. Pursuant to Penal Code Section 1463.27, this fee is levied upon every fine, penalty, or forfeiture imposed and collected by the courts for a crime of domestic violence. Previously, this fee was listed under Social Services, and staff from the Health & Human Services Department indicated that they did not charge or collect revenue from this fee. In addition, staff were unable to identify this fee as part of the fees and fines remitted to the County by the Yolo County Superior Court.

However, further discussions with the Court following the December 2021 Master Fee hearing revealed that this fee is currently being charged by the Court and remitted to the County. Due to the way that the Court’s fee system is programmed, the Domestic Violence Fee is being reported under a different Penal Code section on the Court’s remittance forms, which is why staff were not able to identify it initially. Once this came to light, staff notified the Court that the fee was eliminated in error and the Court agreed to keep collecting the fee while the correction was being made. 

Staff also determined that the revenue from this fee is being allocated to the District Attorney’s Domestic Violence Fund, which annually remits the revenue collected from this and other fees to Empower Yolo to fund domestic violence and emergency sheltering programs. As such, staff recommends re-adding this fee to the Master Fee schedule under the District Attorney’s fees.  The Domestic Violence fee generates approximately $6,000 per year.

Financial Services
 
The Department of Financial Services is proposing to increase the hourly rates that are charged for Accounting & Reporting and Internal Audit services, and to break them out into separate fees. Previously, there was a singe rate calculated for Auditing & Accounting services, but the underlying cost structure of those functions has changed over time so separate hourly rates are now warranted.  The current hourly rate of $91 has not been updated in several years. The proposed hourly rate of $102 for Accounting & Reporting services reflects full cost recovery for that function. However, the full cost calculation for Auditing Services is $132 per hour, which would represent a substantial increase from the current rate. As such, the department is recommending to phase in the increase to full cost recovery for the Auditing Services fee over two years. These fee increases are estimated to generate approximately $12,000 in additional revenue per year for the General Fund.

Library
 
The Yolo County Library is proposing to eliminate and revise the current fees Master Fee Schedule related to sending and receiving faxes.  The library is requesting to delete the fee associated with receiving faxes which is currently set at .25 per page due to faxes rarely being received at the library on behalf of customers. 
 
The Library is also proposing to revise the current fee for the sending of faxes.  The current fee is $1.75 per 10 pages sent and the department is requesting to change these fees to $1.00 per every 10 pages.  This change is intended to reduce barriers, as the majority of faxes that are sent are usually for government assistance programs or job applications.  This proposal results in a revenue decrease of $252 for the department.    
 
Probation
 
The Probation Department is requesting deletion of two existing fees: the fingerprint application fee and Record Clear Fee for Adults.  While not a part of a series of public safety fees repealed by AB 1869 (2020), the department feels that charging a Record Clear Fee is not consistent with the spirit of that legislation. The fee has not been collected since the County ceased charging public safety fees repealed by AB 1869. In the time since the fingerprinting fee was last updated (2009), the department no longer provides fingerprinting to external County customers.
 
As these fees have not been collected in several fiscal years, they were not included in the FY 2022-23 Recommended budget and will not negatively affect the revenues collected by the County.
 
Sheriff

The Sheriff’s Office Animal Services Section is requesting to update the current Master Fee Schedule to eliminate fees related to full service veterinary procedures that are no longer being offered for owned animals in addition to eliminating two fees for the use of large traps, which are no longer for rent through the shelter (small traps are still available). 

Also included in the department’s request is to  eliminate the fee “Adoption- Exotic Animals”, as the division is looking to categorize all adoptions for animals that are not dogs or cats under the current fee “Adoption of Animals-Others" and the current unit will then be updated from “Market Value” to “Actual Cost”.  No additional revenue is anticipated as a result of these changes.  Each fee change is outlined on the table below:

Proposed fee changes were developed and submitted by the requesting departments.  Fees were reviewed by the Department of Financial Services and County Counsel's Office.  County Counsel's Office has reviewed the Master Fee Resolution as to form.