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HomeMy WebLinkAbout2026-06-16; Community Development Commission; Resolution 584Exhibit 16 RESOLUTION NO. 584 . A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING AMENDED CITY COUNCIL POLICY NO. 95 AS THE COMMISSION’S AND CARLSBAD HOUSING AUTHORITY’S COST RECOVERY POLICY WHEREAS, on March 14, 2023, the Community Development Commission adopted City of Carlsbad City Council Policy No. 95 – Cost Recovery Policy for Fees and Charges for Services to set forth cost recovery targets, timelines for fee increases and annual cost inflation adjustments, and frequency for comprehensive review for fees over which it has authority; and WHEREAS, on June 18, 2024, the Community Development Commission adopted changes to City of Carlsbad City Council Policy No. 95 to reflect current cost recovery needs and to reiterate limits on certain housing services fees; and WHEREAS, the City of Carlsbad has completed a comprehensive cost of service study update that was presented to the Community Development Commission on May 19, 2026; and WHEREAS, this comprehensive cost of service study update identified many fee activities recovering costs below their appropriate range outlined in City of Carlsbad City Council Policy Statement No. 95; and WHEREAS, phasing in proposed changes in these fee levels over several years may be recommended or necessary; and WHEREAS, amendments to City Council Policy No. 95 are necessary to allow any such changes to be made over a period greater than three years. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the proposed action to amend City Council Policy No. 95 is exempt from environmental review under California Environmental Quality Act, or CEQA, Guidelines Sections 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment. 3.That the Commission adopts the amended City Council Policy No. 95 (Attachment A) as the Commission’s and Carlsbad Housing Authority’s cost recovery policy. June 16, 2026 Item #6 Page 486 of 618 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Community Development Commission, the City Council of the City of Carlsbad, the Board of Directors of the Carlsbad Municipal Water District, the Board of Directors of the Carlsbad Public Financing Authority, and the City Council as Successor Agency to the Carlsbad Redevelopment Agency held on the 16th day of June, 2026, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. ______________________________________ KEITH BLACKBURN, Chairperson ______________________________________ GEOFF PATNOE, Secretary (SEAL) June 16, 2026 Item #6 Page 487 of 618 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26 Attachment A Policy No. 95 Date Issued Resolution No. Subject: Cost Recovery Policy for Fees and Charges for Services Purpose It is important for the city to have a sound and consistent cost recovery policy that will serve as a management tool for establishing, implementing, and evaluating fees and charges.1 This policy ensures that the city’s fees and charges are managed in a manner that will: •Provide for the delivery of quality services •Maintain and enhance service delivery •Support a balanced budget through evaluation and review of the city’s total estimated and reasonable cost of providing services •Set fee amounts in accordance with local goals as pertains to code compliance, cost recovery, economic development, and community values •Ensure that any action to establish, increase, or impose a fee is conducted in a manner that satisfies the requirements of state law The City of Carlsbad is authorized to adopt and implement fees and charges for certain municipal services, provided the fees and charges do not exceed the reasonable cost of providing such services. This policy sets forth cost recovery targets, timelines for fee increases, annual cost inflation adjustments, and frequency of comprehensive review for all city fees and charges. Background The city’s fees for services, products, and regulatory activities are not taxes requiring voter approval under California State Constitution, Article XIII C, Section 1 (a voter initiative added by Proposition 218 and amended by Proposition 26) if the fees do not exceed the reasonable cost of the services, products or regulatory activities. In addition to the Constitution, state and local laws also provide authorization to charge fees for services. For example, Government Code 66014 governs many fees as it pertains to development approvals. The language of Government Code 66014 mirrors the reasonable cost limitation expressed by the Constitution. This policy addresses all city fees and charges included in the city’s Master Fee Schedule, with a few exceptions. Fees for services not subject to this policy typically require different analyses and adoption processes than the fees that are subject to this policy. 1 The policy, as it applies to Carlsbad Municipal Water District fees and housing services fees, was approved by the Board of Directors of Carlsbad Municipal Water District of the City of Carlsbad on June 16, 2026, by Resolution No. 1809 and the Community Development Commission on June 16, 2026, by Resolution No. 584. Page 1 of 7 June 16, 2026 Item #6 Page 488 of 618 June 16, 2026 2026-127 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26 City Council Policy Statement June 16, 2026 Page 2 Subject to this Policy Not Subject to this Policy • fees • Special events fees • Streetlight energizing fees • City Clerk’s Office fees • Library fees • Fire fees: o Fire extinguishing and alarm systems permit fees o Annual inspections and fire code permits o Other fire fees • Fees for development applications, including entitlements, plan review, permit issuance, inspections • Police administrative and service fees • Utility account fees for residential customers • Fees charged on an hourly, time and materials, or actual cost of service basis • Permit fees required to operate a business • Any fees prohibited by law from exceeding the reasonable cost of providing services • • Safety Training Center facility fees • All fees for rental or use of city facilities and/or equipment • Administrative citation penalties • Vehicle, traffic and parking civil penalties • Development impact fees, utility connection fees • Trash collection rates • Fees set through contracts with third- party vendors • Water and wastewater service rates and property related fees and taxes governed by Proposition 218 • Utility services fees, recycled water and wastewater fees, third party hydraulic modelling fees, and other utility fees • Fees set by external agencies • Other monetary exactions imposed on a project on an ad hoc basis in connection with the approval of a development project • Business license taxes • Emergency medical services, paramedic and ambulance fees • Parks & Recreation and Library & Cultural Arts program and class fees2 • All fees for services set by state or federal Statement of policy It is the policy of the City of Carlsbad that the following guidelines will be used in establishing and maintaining fees and charges: 1. Revenues for individual fees and in aggregate for any fee program shall not exceed the reasonable cost of providing services. 2 Resolutions No. 2008-192 and No. 2015-173 authorized the City Manager or a designee to set all fees included in the Community Services Guide provided that fees both do not exceed the cost of providing the program and that these fees are no lower than the lowest fee charged for similar programs in the cities of Oceanside, Vista, San Marcos, Escondido, or Encinitas. June 16, 2026 Item #6 Page 489 of 618 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26 City Council Policy Statement June 16, 2026 Page 3 2. Comprehensive review of all city fees and charges shall occur every five to seven years. 3. In certain circumstances where cost recovery may be unrealistic or undesirable, the City Council may subsidize a portion of or an entire fee program and/or individual fees. 4. In certain circumstances where immediate adjustments to full cost recovery may be impractical, it may be appropriate to phase in fee increases over multiple years. 5. The procedures for adopting fees for development applications or projects shall follow the procedures for adopting various fees provided by Government Code sections 66016- 66019, or other applicable law, and shall be effective no sooner than 60 days following the final action. 6. Fees and charges should be sensitive to the “market” for similar services. 7. A unified approach should be used in determining cost recovery levels for various programs and their individual fees and charges based on this policy. Influential Factors to Cost Recovery Policy Reasonable, routinely reviewed, and well managed fees for services are one of the many responsible financial steps needed to support the city’s overall financial sustainability. When considering whether fees and charges should be adopted to recover 100% of the costs of providing services, city staff and the City Council will consider the following influential factors: • The level of cost recovery should consider the degree to which the public benefits from the service versus the degree to which the user of the service themselves benefits. • The level of cost recovery should consider how the pricing of services can affect the demand and subsequent level of services provided. Based on the consideration of factors that influence cost recovery policy, the degree to which pricing for services recovers the city’s costs of providing the service will vary. • Low-level cost recovery services should aim to recover between 0%-30% of their costs. These include services where there is no intended relationship between the fee and the benefit received, that are essential to community safety, or for services where collecting fees would discourage compliance. • Mid-level cost recovery services should aim to recover between 31%-80% of their costs. These include services where the specific user of the service receives a higher level of benefit than the general taxpayer, but where the city has an interest in encouraging compliance by subsidizing the cost of the service. • High-level cost recovery services should recover between 81%-100% of their costs. These include services where the individual primarily and directly benefits from the service, not the community at large. These may be services that could otherwise be provided by the private sector or use of the service is not encouraged. June 16, 2026 Item #6 Page 490 of 618 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26 City Council Policy Statement June 16, 2026 Page 4 Service/Program Cost Recovery Target Pricing Strategy General and Administrative Fees – Finance, Clerk, City Manager community benefit from Special Events Fees events sponsored by the city or a non-profit organization with a community-wide benefit benefits from the service where admission or fees for participation and the community benefit Library Fees interlibrary loans, general day-to-day service benefits from the service Fire Fees regulatory inspections (both state-community benefit from fees for development services (e.g., sprinkler, alarms, new construction) from the service. Fees should generally be set at the higher end of the mid- June 16, 2026 Item #6 Page 491 of 618 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26 City Council Policy Statement June 16, 2026 Page 5 Police Fees other items which are not limited per state or federal statute from the service, or fee is administrative as pertains Utility Administrative Fees for delinquent accounts to the extent not limited by SB 998,3 all other fees subject to this policy from the service Land Development Permitting & Inspection Services and processing, including but not limited to general plan amendment, rezone, local coastal plan amendment, conditional use permit, coastal development permit, site HIGH (81%-100%) Individual directly benefiting from the permitted action pays a majority, if not all the permit processing costs Minor Discretionary Permit (review and processing, including but not limited to permits that are more administrative in nature (i.e., accessory dwelling units)) LOW (0%-30%) essential regulatory codes and standards by minimizing the permit Ministerial Permit (review and processing, including but not limited to building, grading, map, and improvement plan) HIGH (81%-100%) benefiting from the permitted action pays a majority, if not all the 3 SB 998 limits the amount that qualifying low-income residential water customers must pay for service reconnections after shutoff to $50 during normal business hours and $150 after normal business hours. These figures are subject to annual inflationary adjustments for changes in the Consumer Price Index. See California Health and Safety Code 116914. Details for residential water customers are available in the Carlsbad Municipal Water District’s Residential Water Service Shutoff Protection Policy for Nonpayment of Charges. June 16, 2026 Item #6 Page 492 of 618 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26 City Council Policy Statement June 16, 2026 Page 6 processing, including but not limited to minor commercial or industrial tenant improvements, adjustment plats, right-of- MID (31%-80%) essential regulatory codes and standards by minimizing the permit Administrative Ministerial Permit (review and processing, including but not limited to minor and/or routine residential repairs LOW (0%-30%) essential regulatory codes and standards by minimizing the permit Permit Inspection Services HIGH (81%-100%) benefiting from the permitted action pays a majority, if not all the Procedures This Cost Recovery Policy establishes a scheduled program to comprehensively review the fee schedule to determine if the current fee amounts are reflective of the costs to provide such services and are consistent with best practices and statutory requirements. • A comprehensive analysis of city service delivery costs associated with fees and charges shall be made approximately every five to seven years. • Off-cycle updates will occur annually, where fees will be adjusted by a percentage equal to the change in the San Diego Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics or another reasonable inflationary factor. • Individual fees may be adjusted during the interim period based on supplemental analysis whenever there have been significant changes in costs. • The City Council shall have the opportunity to review and the authority to approve any changes to the Master Fee Schedule. • The City Council may decide to increase fees over a period of five years in certain circumstances where immediate adjustments to targeted cost recovery amounts may be unrealistic. In exceptional cases, city staff may recommend that the City Council consider a phase-in period exceeding five years to achieve targeted cost recovery rates. Comparability with Other Communities Comparing the city’s fees to other communities provides useful background information in setting fees. It allows the city to assess the market price of the service as compared to other agencies as well as to learn about alternative methods of charging fees for certain services. However, fee surveys should never be the sole or primary criteria in setting city fees as there are many factors that affect how and why other communities have set their fees at their levels. June 16, 2026 Item #6 Page 493 of 618 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26 City Council Policy Statement June 16, 2026 Page 7 Terms and Limitations 1. All rights and obligations existing under any user fee schedule in effect prior to the effective date of a resolution approving a user fee update, shall continue in full force and effect. Updates to user fee schedules should not affect or disrupt the continuity of the city’s business or administration of its law, including: • Actions and proceedings that began before the effective date of the resolution. • Prosecution for ordinance violations committed before the effective date of the resolution. • The amount, or collection, of license, fee, penalty debt, forfeiture, or obligations due and unpaid as of the effective date of the resolution. 2. This Cost Recovery Policy does not invalidate any action taken prior to its effective date if the action was proper under the law governing the action at the time the action was taken. June 16, 2026 Item #6 Page 494 of 618 Docusign Envelope ID: EC574C28-EE41-8112-82BD-B665E154CC26