HomeMy WebLinkAbout05- City Attorney's Office ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman,City Attorney Subject: Resolution establishing certain fees for
services provided by the City Attorney's Office
Dept: CITY ATTORNEY and amending Resolution,No.2009-122
Date: July 13, 2010 Meeting date: August 2,2010
Synopsis of Previous Council Action:
Recommended motion:
Adopt resolution.
store
Contact person: Diane C.Roth Phone: 5355
Supporting data attached: Staff Report Ward:
FUNDING REQUIREMENTS: Amount: None: will produce additional revenue
Source:
Finance:
Council Notes:
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Agenda Item No.
'/' C,//o
STAFF REPORT
Council Meeting Date: August 2,2010
TO: Mayor and Common Council
FROM: City Attorney's Office
DATE: July 13,2010
AGENDA: Resolution establishing certain fees for services provided by the City
Attorney's Office and amending Resolution,No. 2009-122
Background
Since the inception of the Administrative Civil Penalties Program, a number of liens have
been placed on properties for unpaid Administrative Civil Penalties and Administrative Costs,
pursuant to Municipal Code 9.93.170. At the time these properties sell, the City Attorney's
Office receives requests for pay-off demands which must be issued on short notice. In the City
Attorney's Office budget presentation, which was adopted at the June 30, 2010 Council meeting,
was a proposal to charge a fee for the preparation of these pay-off demand letters.
Fees must be calculated by determining the actual cost of the service provided. The
result of the department's analysis is that the actual cost of providing a demand letter and lien
release is $31.84, as shown below.
Personnel Costs
Labor Rates
Total Total Hous by
Direct ! Burdened '; Position Total
Straight Fringe Labor Dept/Div Labor per Labor
Position time Benefits ; Cost ; Overhead ; Cost/Hr Unity Cost
---------- -------------
Administrative I
Analyst 1 $26.64 5.29 $31.93 I 3.13 $35.06 ! 0.75 $26.30
Materials and Costs
Unit
Description Cost Ea. Quantity Cost
Printing/Copies/fax cover
sheet $0.10 7 $0.70
Other Costs
Description I I I Cost ea Quantity Unit Cost
mailing I 1 1 $0.44 1 1 $0.44
Total Direct Cost $27.44
Admin. Rate @ 16.07% 4.41
Total Service Cost $31.84
Financial Impact
The new fee is projected to provide $35,000 in estimated additional revenue in FY
2010/2011.
Recommendation
Adopt resolution.
COPY
A 1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING CERTAIN FEES FOR SERVICES PROVIDED BY
3 THE CITY ATTORNEY'S OFFICE AND AMENDING RESOLUTION NO.2009-122.
4 WHEREAS, pursuant to Municipal Code 9.93.170, the amount of unpaid Administrative
5 Civil Penalties and Administrative Costs may be recorded as a lien upon and against real property
6 that is the subject of the action; and,
7 WHEREAS, the City Attorney's Office has proposed a fee for processing pay-off
a demand letters; and,
9 WHEREAS, the proposed fee does not exceed the actual cost of providing such services;
10 and,
11 WHEREAS,the proposed fees are reasonable and necessary to enable the City of San
12 Bernardino to more nearly meet the actual costs of providing such services.
13
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
V 14 SAN BERNARDINO AS FOLLOWS:
15 SECTION 1. There is hereby established pursuant to Section 9.93.170 of the San
16 Bernardino Municipal Code a fee of$31.84 for the services of the City Attorney's Office in
17 processing pay-off demand letters.
18 SECTION 2. Resolution 2009-122 is hereby amended to add the following under Part
19 XIII: Miscellaneous Fees:
20 Section 3. The following administrative fees for the provision of services of
21 the City Attorney's Office are hereby established and imposed pursuant to Section 9.93.170 of the
22 San Bernardino Municipal Code:
23 A. Requests for demand letters regarding the status of liens on real
24 property for unpaid Administrative Civil Penalties: $31.84
25 SECTION 3. The fees contained herein shall be effective upon adoption of this
�`- 26 Resolution.
27
2s
1
® 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ESTABLISHING CERTAIN FEES FOR SERVICES PROVIDED BY THE
2 CITY ATTORNEY'S OFFICE AND AMENDING RESOLUTION NO. 2009-122.
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof,held on the
6 day of 2010, by the following vote, to wit:
7 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
8 MARQUEZ
9 DESJARDINS
1 o BRINKER
11 SHORETT
12 KELLEY
13 JOHNSON
Q14 MC CAMMACK
15
16 Rachel Clark, City Clerk
17
The foregoing Resolution is hereby approved this_day of , 2010.
18
19
20
PATRICK J. MORRIS, Mayor
21 City of San Bernardino
22 Approved as to form:
23 JAMES F. PENMAN,
City Attorney
24
25 By: �
26
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