Consent-Community Services # 7.
Board of Supervisors
Environmental Heatlh
- Meeting Date:
- 11/08/2022
- Brief Title
- Capay Valley Fire Protection District Fee Waiver
From:
Taro Echiburu, Director, Department of Community Services
Staff Contact:
April Meneghetti, Director of Environmental Health, Department of Community Services, x8597
Supervisorial District Impact:
District 5
Subject
Approve request from the Capay Valley Fire Protection District to waive Environmental Health fees in the amount of $2,675 for the installation of a new septic system at the fire station; approve the transfer of money from the general fund to the Department of Community Services budget to backfill the cost of services and adopt a budget resolution in the amount of $2,675. (General fund impact maximum $2,675) (4/5 vote required) (Echiburu/Meneghetti)
Recommended Action
- Approve request from the Capay Valley Fire Protection District to waive Environmental Health fees in the amount of $2,675 for the installation of a new septic system;
- Approve transfer of money from the general fund to the Department of Community Services budget to backfill the waiver of the fees in an amount up to $2,675.
- Adopt a budget resolution increasing the Department of Community Services Budget for Fiscal Year 2022-23 for a Replacement of the Septic System by $2,675.
Strategic Plan Goal(s)
 |
Thriving Residents |
 |
Safe Communities |
 |
Sustainable Environment |
Reason for Recommended Action/Background
The Capay Valley Fire Protection District has requested a fee waiver for the Environmental Health fees for the installation of a new septic system at the fire station located at 7447 CA-16 in Guinda. (Attachment A).
The existing septic system at the fire station is failing. The site and existing system has been evaluated by a qualified septic professional who has determined that a new system will be required to protect the health of the public.
The existing septic system at the fire station is failing. The site and existing system has been evaluated by a qualified septic professional who has determined that a new system will be required to protect the health of the public.
The following table itemizes the fees related to the requested fee waiver:
| Site Evaluation | $1,237.00 |
| Property Line Setback Reduction | $174.00 |
| Septic Installation Permit for standard system | $1,264.00 |
| Total | $2,675.00 |
The County Administrative Policy and Procedures Manual, policy on Cost Recovery and Fees states "no board-approved fees or charges can be reduced or waived without the specific approval of the Board of Supervisors" (Attachment B). The policy requires staff to evaluate the fee waiver request based on specific criteria in the policy. Consistent with this policy, staff has evaluated the fee waiver request and submits the following findings as per Section C(3)(b):
- The total amount of the reduction requested and approved reductions in the past: The total amount of the fee waiver is $2675.00. Staff searched available records for the past 10 years and was unable to find requests during this time period for a fee waiver by the Capay Valley Fire Protection District. Similar fee waivers have been approved for the Dunnigan Fire Protection District (2021) and the Willow Oak Fire Protection District (2018).
- In regard to fees related to construction projects, a finding that the waiver or reduction does not create a public work: The requested fee waiver and granting of the fee waiver does not create a public work.
- A finding that the waiver or reduction does not create a [unconstitutional] gift of public funds: All fee waivers constitute gifts of public funds. However, the relevant issue is whether the gift of public funds is unconstitutional because it is not used for a public purpose. The fee waiver is requested by the Capay Valley Fire Protection District, a public agency, which provides firefighting and medical emergency services to the public. Therefore, granting of the fee waiver will not create an unconstitutional gift of public funds.
- A finding that the fee meets at least one of the criteria listed in Section C(2)(a) of the Policy on Cost Recovery and Fees, Yolo County Administrative Policies and Procedures Manual [relating to fees for permitting costs and related factors] in regard to the payor: The fees requested for waiver meet at least one of the criteria, as they pertain to fees typically collected for reasonable regulatory costs incidental to the issuance of permits and performance of inspections. The fee amounts listed in the table above reimburse costs directly related to the functions of reviewing and issuing permits and performing inspections.
- A finding that describes one or more of the following:
- The payment of the fee would cause economic hardship (defined in U.S. treasury regulations as the inability to meet reasonable basic living expenses) due to the financial condition of the payor. The Capay Valley Fire Protection District has stated that their tax revenues are limited. Revenues are used to replace fire apparatus and equipment which leaves little money available for facility maintenance.
- The payor is making a net economic contribution to the County that exceeds the amount of the fee; or is providing uncompensated services to the County that are of comparable value to the fee. Capay Valley Fire Protection District provides medical aid, rescue, and fire suppression services to those who live in or visit the Capay Valley as well as providing mutual aid throughout the County and the State when large incidents occur. As such, the Capay Valley Fire Protection District provides uncompensated services to the County that are of comparable value to the proposed fee waiver.
- The payor engages in activities that specifically advance the County's strategic goals. Installation of the new septic system at the fire station is needed to protect the health of the public, protect water quality and to allow the Capay Valley Fire Protection District to have a continuously manned fire station that can respond to emergencies 24 hours a day. In this way, the Capay Valley Fire Protection District’s request advances the County's Strategic Plan Goal for Thriving Residents by protecting consumers from public health threats; and Safe Communities by addressing service delivery and critical infrastructure needs in unincorporated communities; and Sustainable Environment by protecting water quality.
Based on the above findings, the Board of Supervisors has the discretion to grant the requested fee waiver. The Community Services Department budget does not contemplate fee waivers and its overhead allocation is insufficient to cover the requested amount. Therefore, should the Board wish to grant the Capay Valley Fire Protection District the requested fee waiver, staff recommends that the Board authorize a General Fund transfer to the Department's budget in the amount of the corresponding direct costs associated with the request ($2,675).
Collaborations (including Board advisory groups and external partner agencies)
Capay Valley Fire Protection District
County Counsel
Department of Financial Services
County Counsel
Department of Financial Services
Competitive Bid Process/Vendor Performance
N/A
Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
- Total cost of recommended action:
- $ 2,675
- Amount budgeted for expenditure:
- $ 0
- Additional expenditure authority needed:
- $ 0
- One-time commitment:
- Yes
Source of Funds for this Expenditure
- General Fund
- $2,675
Further explanation as needed:
The cost of the requested fee waiver pays for direct and indirect cost associated with plan review and approval, inspections, tools and equipment, and other related costs as per County adopted fees.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Financial Services | KauXue Thao | 10/20/2022 02:36 PM |
| County Counsel | Phil Pogledich | 10/20/2022 02:41 PM |
- Form Started By:
- April Meneghetti
- Started On:
- 10/18/2022 10:36 AM
- Final Approval Date:
- 10/20/2022