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HomeMy WebLinkAbout2003-11-18; City Council; 17376; Procedures for Debarment of ContractorsAB# 17,376 MTG. 11-18-03 DEPT. Attorney CITY OF CARLSBAD -AGENDA BILL DEPT. HD. CITY ATTY. TITLE: PROCEDURES FOR DEBARMENT OF CONTRACTORS a ciTy MGRm ~ ~~ RECOMMENDED ACTION: Introduce Ordinance No. ~s-681 amending Carlsbad Municipal Code Section 3.32.025 through 3.32.028 and adding Section 3.32.029 to include updated debarment procedures, provisions for permanent debarment, and more detailed notice requirements; and Adopt Resolution No. 2003-299 updating the fee for filing an appeal thereunder. ITEM EXPLANATION: A recent court case, Southern California Underground Contractors Inc. v. City of San Diego, (108 Cal.A~p.4'~ 533, 133 Cal.Rptr.2d 527 (May 2003)) upheld the right of a city to permanently debar an irresponsible bidder as long as the city provides for adequate due process. Another recent court case, Haas v. County of San Bernardino, (27 Cal 4'h 1017, 45 P.3d 280, 119 Cal.Rptr.2d 341(May 2002)), held that city ordinances must ensure an unbiased hearing with an impartial adjudicator. This agenda bill seeks to incorporate provisions consistent with these court cases into Title 3, Chapter 3.32 of the Carlsbad Municipal Code to put contractors, subcontractors and consultants on notice of the potential remedies of the City in the event that they fail to perform the i r contractu a I ob I i g a t io n s . Proposed revisions to the code include grounds for temporary and permanent debarment of contractors, subcontractors and consultants. A procedure for a debarment hearing and appeal process is included to ensure that adequate due process is provided. The use of a private arbitrator to conduct the hearing is proposed to ensure that the process is impartial. The final decision is made by the City Council if the matter is appealed to it. Also included is a resolution for updating the appeal fee from the existing fee of $120, adopted in 1995, to a fee of $400, which is consistent with the fees charged for design review, planning commission, and housing commission appeals. FISCAL IMPACT: The fiscal impact is minimal. The City will share the cost of the arbitration procedures, but this may ultimately save the City considerable money, which could otherwise be spend in construction or other litigation. EXHIBITS: 1. Ordinance. No. NS-681 2. Resolution No. 2003-299 3. Redline / strikeout version of ordinance DEPARTMENT CONTACT: Ronald R. Ball, 434-2891 Item No. 5 To: MAYOR AND CITY COUNCIL From: CITY ATTORNEY Date: November 18,2003 DEBARMENT ORDINANCE FOR THE INFORMATION OF THE CITY COUNCIL Please substitute the attached ordinance for the one in your agenda packet, since it had an incomplete version of Section 3.32.025. RONALD sa R. BALL City Attorney 1 ! 1( 1‘ 1; 1: 14 1E 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-681 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 3, CHAPTER 3.32 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION AND REVISION OF VARIOUS SECTIONS TO INCLUDE AND UPDATE PROVISIONS FOR TEMPORARY DEBARMENT, PERMANENT DEBARMENT, PROCEDURES FOR DISQUALIFICATION, AND NOTICE The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1 : That Title 3, Chapter 3.32.025(a) of the Carlsbad Municipal Code to read as follows: “3.32.025 Submitting false claims-Monetary penalties. Any contractor, subcontractor or consultant who commits any of the following acts may be liable to the city for three times the amount of damages which the city sustains because of the act of that contractor, subcontractor or consultant. A contractor, subcontractor or consultant who commits any of the following acts shall also be liable to the city for the costs, including attorney’s fees, of a civil action brought to recover any of those penalties or damages, and may be liable to the city for a civil penalty of up to ten thousand dollars for each false claim: (a) (1) Knowingly presents or causes to be presented to an officer (2) Knowingly makes, uses or causes to be made or used a (3) Conspires to defraud the city by getting a false claim (4) Knowingly makes, uses or causes to be made or used a (5) Is a beneficiary of an inadvertent submission of a false claim This section does not apply to any controversy involving an amount or employee of the city a false claim or request for payment or approval; false record or statement to get a false claim paid or approved by the city; allowed or paid by the city; false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the city; to the city, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the city within a reasonable time after discovery of the false claim. of less than five hundred dollars in value. For purposes of this subsection, “controversy” means any one or more false claims submitted by the same contractor, subcontractor or consultant in violation of this section. Every contract performed at the expense of the city, or the costs of which are paid for out of monies deposited in the treasury of said city, whether directly awarded or indirectly by or under subcontract, subpartnership, day labor, station work, piece work, or any other arrangement whatsoever, shall contain a clause reciting the provisions of subsection (a) of this section. committed by two or more persons. (b) (c) (d) Liability under this section shall be joint and severable for any act Ordinance No. NS-681 Page 1 of 6 d 1 1 t 5 1C 11 14 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 (e) For purposes of this section, the terms "contractor" and "subcontractor" shall have the same definitions as found in Section 41 13 of the Public Contract Code. The term "consultant" shall be broadly defined to include any person or entity that provides services to the city. demand for money, property or services made to any employee, officer or agent of the city, or to any contractor, subcontractor, grantee or other recipient, whether under contract or not, if any portion of the money, property or services requested or demanded issued from, or was provided by, the city. (9) For purposes of this section, "knowingly" means that a contractor, subcontractor or consultant, with respect to information, does any of the following: (1) Has actual knowledge of the information; (2) Acts in deliberate ignorance of the truth or falsity of the information; (3) Acts in reckless disregard of the truth or falsity of the information. Proof of specific intent is not required and reliance on the claim by the city is also not required. (Ord. NS-313 § 1 , 1995) " (f) For purposes of this section, "claim" includes any request or SECTION 2: That Title 3, Chapter 3.32.026 of the Carlsbad Municipal Code is amended to read as follows: "3.32.026 Disqualification of irresponsible contractors-Effect of disqualification. Any contractor, subcontrzctor, or consultant who fails to comply with the terms of its contract with the city, or ?he provisions of this Chapter may be declared an irresponsible bidder, after a hearing in accordance with Section 3.32.028. Upon a determination of irresponsibility, the contractor, subcontractor or consultant (or any other entity with substantially the same officers, directors, owners or principals) shall not be permitted to submit bids, contract, subcontract, or conduct business, on any public work or improvement for the city for the period of the debarment. The contract of any such person or entity may, at the option of the city manager, be canceled and in the event of such cancellation, no recovery shall be had thereon by the contractor, subcontractor or consultant. Any one of the following acts or omissions may constitute grounds for temporary debarment of three to five years: (1 ) The contractor, subcontractor or consultant unsatisfactorily performed a contract; or (2) The contractor, subcontractor or consultant unjustifiably failed to honor or observe contractual obligations or legal requirements pertaining to the contract; or (3) The contractor, subcontractor or consultant used substandard materials or has failed to furnish or install materials in accordance with the contract requirements, even if the discovery of the defect is subsequent to acceptance of the project and expiration of the warranty thereof, if such defect amounts to intentionally deficient or grossly negligent performance of the contract under which the defect occurred; or The contractor, subcontractor or consultant willfully failed to cooperate in the investigation or hearing of the proposed debarment; or (a) (b) (4) Ordinance No. NS-68 1 Page 2 of 6 I 8 I , 1 I f I I E 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) The contractor, subcontractor or consultant performs, or fails to perform the contract in such a way that significant environmental damage results, or a ‘violation of environmental laws or permits is committed. The contractor substitutes a subcontractor in violation of Section 4100 et. seq. of the Public Contract Code (Subletting and Subcontracting Fair Practices Act). (c) Any of the following may constitute grounds for permanent debarment of the contractor, subcontractor or consultant: (6) (1) (2) A final conviction under any state or federal statute or municipal ordinance, including a plea of nolo contendere, or final unappealable civil judgment of any one or more of the grounds listed below: a. Embezzlement, theft, fraudulent schemes and artifices, fraudulent schemes and practices, bid rigging, perjury, forgery, bribery, falsification or destruction of records, receiving stolen property or any offense demonstrating a lack of business integrity, business honesty or responsibility on the part of the contractor, subcontractor or consultant’s responsibility; or b. A criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such a contract; or C. Violations of the California Government Code, Section 84300 or 84301 (sections of the California Political Reform Act requiring disclosure of the true campaign donor) or Section 1.1 3.025 of the Carlsbad Municipal Code, relating to any city election, or any amendments to the code; or d. Fraud or criminal offense in connection with obtaining a public contract; or e. Conviction under federal or state antitrust statutes involving public contracts. (3) Any two or more of the acts or omissions specified in Section 3.32.026( b) In addition to all other remedies permitted by law, the city council may, upon the recommendation of the city manager and upon advice of the city attorney, by resolution, declare a bidder or contractor ineligible to bid on city procurement and public works contracts based upon any debarment of the contractor, subcontractor or consultant by another governmental agency, for the debarment period designated by the other agency.” Any violation of Section 3.32.025(a), (d) SECTION 3: That Title 3, Chapter 3.32.028 of the Carlsbad Municipal Code is amended to read as follows: “3.32.028 Procedures for disqualification of irresponsible contractors (a) When an action is brought pursuant to Section 3.32.025, 3.32.026 or 3.32.02T of this chapter, the contractor, subcontractor or consultant shall be given notice of the charges and of all evidence supporting such charges. The contractor, subcontractor or consultant or its attorney shall be entitled to offer rebuttal evidence and any other evidence in support of its position. Ordinance No. NS-68 1 Page 3 of 6 , I , , 1 I e 1 E E 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) The city shall schedule a hearing, as soon as practicable upon delivery of the notice to the contractor, where all evidence supporting grounds for debarment shall be presented. The hearing shall be conducted before an unbiased arbitrator with expertise in the area related to the contract. Any such hearing shall be conducted pursuant to the applicable sections of the American Arbitration Association’s Construction Industry Arbitration Rules, or other applicable arbitration rules. The arbitrator shall follow and comply with all applicable California case, statutory, and regulatory law in arriving at a decision. The city attorney may, in its discretion, appoint outside counsel to prosecute the charges. The parties shall attempt to agree upon an unbiased third-party arbitrator. If unable to agree, each party shall select an arbitrator. The two selected arbitrators shall agree on a third arbitrator, who will conduct the hearing. The parties shall share the costs of conducting the hearing before an arbitrator. A decision of the arbitrator, making a finding of irresponsibility, is final and effective ten calendar days after a written determination and delivery of the decision to the parties, unless within the ten-day period following delivery, the contractor, subcontractor or consultant, or the city manager, submits a written appeal to the city council, filed with the city clerk for the city council. The written appeal shall specifically state the reason(s) for the appeal and the manner in which the decision of the arbitrator is in error. Fees for filing an appeal under this section shall be established by resolution of the city council. The decision of the arbitrator shall be affirmed by the city council unless the appellant shows by a preponderance of the evidence that the decision of the arbitrator is in error or inconsistent with state law. The appeal hearing shall be held as soon as practicable after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. All proceedings shall be as informal as is compatible with the requirements of justice. The arbitrator andlor city council need not be bound by the common law or statutory rules of evidence and procedure, but may make inquiries in the matter through all means and in a manner best calculated to make a just factual determination.’’ (c) (d) (e) (f) SECTION 4: That Title 3, Chapter 3.32 of the Carlsbad Municipal is amended by the addition of section 3.32.029 to read as follows: “3.32.029 Notice Whenever a notice is ‘required to be delivered under Chapter 3.32, the notice shall be delivered by any one of the following methods. Service is effective as described herein unless different provisions are specifically stated to apply: (a) Personal delivery: service shall be deemed effective on the date of delivery. Proof of delivery of notice may be made by the certification of any designated person over the age of eighteen years by declaration under penalty of perjury. The proof shall show that the delivery was done in conformity with this section or other provisions of law applicable to the subject matter concerned. Certified mail, postage prepaid, return receipt requested: service shall be deemed effective on the date of mailing. If a notice is sent simultaneously by regular mail and the notice of certified mail is returned unsigned, then service by regular mail will be deemed effective on the date mailing provided the regular mail notice is not returned . (b) Ordinance No. NS-681 Page 4 of 6 11 1 11 1: 14 If 1f 17 1E 19 20 21 22 23 (c) EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. Publication: Service shall be deemed effective on the first date of publication.” INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 18th day of November , 2003, and thereafter Ordinance No. NS-68 1 Page 5 of 6 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of to wit: , 2003, by the following vote, AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk Ordinance No. NS-68 1 Page 6 of 6 RESOLUTION NO.DO03-299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING THE FEE FOR AN APPEAL OF CONTRACTOR DISQUALIFICATION WHEREAS, the City Council has determine it to be in the public interest to establish a fee for the purpose of filing an appeal of the decision of the arbitrator to disqualify a contractor, subcontractor or consultant from bidding on City contracts, and WHEREAS, the current fee has not been updated since 1995, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct 2. That the City Council of the City of Carlsbad hereby sets an appeal fee in the amount of ($400) (four hundred dollars) to apply to any appeal filed pursuant to Carlsbad Municipal Code Section 3.32.028 of a decision of disqualification from bidding on City contracts. 3. The fees imposed by this resolution shall become effective immediately upon its adoption. Ill Ill Ill Ill Ill Ill Ill Ill PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the I8th following vote: day of November , 2003, by the AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard NOES: None ATTEST: !_/(SEAL) v Page 2 of 2 of Resolution -2- NO. 2003-299 ORDINANCE NO. REDLINE/STRIKEOUT VERSION 3.32.025 Submitting false claims--Monetary penalties. Any contractor, subcontractor or consultant who commits any of the following acts W may be liable to the city for three times the amount of damages which I the city sustains because of the act of that contractor, subcontractor or consultant. A contractor, subcontractor or consultant who commits any of the following acts shall also be liable to the city for the costs, including attorney's fees, of a civil action brought to recover any of those penalties or damages, and may be liable to the city for a civil penalty of up to ten thousand dollars for each false claim: (1) Knowingly presents or causes to be presented to an officer or employee of the city a false claim or request for payment or approval; (2) Knowingly makes, uses or causes to be made or used a false record or statement to get a false claim paid or approved by the city; (3) Conspires to defraud the city by getting a false claim allowed or paid by the city; (4) Knowingly makes, uses or causes to be made or used a false record or statement to conceal, avoid or decrease an obligation to pay or transmit money or property to the city; Is a beneficiary of an inadvertent submission of a false claim to the city, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the city within a reasonable time after discovery of the false claim. (5) This section does not apply to any controversy involving an amount of less than five hundred dollars in value. For purposes of this subsection, "controversy" means any one or more false claims submitted by the same contractor, subcontractor or consultant in violation of this section. Every contract performed at the expense of the city, or the costs of which are paid for out of monies deposited in the treasury of said city, whether directly awarded or indirectly by or under subcontract, subpartnership, day labor, station work, piece work, or any other arrangement whatsoever, shall contain a clause reciting the provisions of subsection (a) of this section. Liability under this section shall be joint and severable for any act committed by two or more persons. For purposes of this section, the terms "contractor" and "subcontractor" shall have the same definitions as found in Section 41 13 of the Public Contract Code. The term "consultant" shall be broadly defined to include any person or entity that provides services to the city. For purposes of this section, "claim" includes any request or demand for money, property or services made to any employee, officer or agent of the city, or to any contractor, subcontractor, grantee or other recipient, whether under contract or not, if any portion of the money, property or services requested or demanded issued from, or was provided by, the city. 1 08/29/03 (g) For purposes of this section, "knowingly" means that a contractor, subcontractor or consultant, with respect to information, does any of the following: (1) (2) (3) Has actual knowledge of the information; Acts in deliberate ignorance of the truth or falsity of the information; Acts in reckless disregard of the truth or falsity of the information. Proof of specific intent is not required and reliance on the claim by the city is also not required. (Ord. NS-313 0 1, 1995) " 3.3 2.026 Disqualification of irresponsible con trac tors--Effec t of disqualification. {a) @)-Any contractor, subcontractor, or consultant who fails to comply with the terms of its contract with the city, or the provisions of this Chapter may be declared an irresponsible bidder 5 <, after a hewing in accordance with Section 3.32.028. Upon &> determination of irresponsibility, the contractor, subcontractor or consultant (or any other entity with substantially the same officers, directors, owners or principals) shall not be permitted $e ZL A, ct t Y' to submit bids, contract, subcontact, or conduct business, -on any public work or improvement for the city for the period The contract of any such person or entity may, at the option of the city manager, be canceled and in the event of such cancellation, no recovery shall be had thereon by the contractor, subcontractor or consultant. Anv one of the following acts or omissions may constitute grounds for temporary debarment of three to five years. The contractor, subcontractor or consultant unsatisfactorily performed a contract;= The contractor, subcontractor or consultant unjustifiably failed to honor or observe contractual obligations or legal requirements pertaining to the contract ;or The contractor, subcontractor or consultant used substandard materials or has failed to furnish or install materials in accordance with the contract requirements, even if the discovery of the defect is subsequent to acceptance of the project and expiration of the warranty thereof, if such defect amounts to intentionally deficient or grossly negligent performance of the contract under which the defect occurred; or The contractor, subcontractor or consultant willfully failed to cooperate in thc investigation or hearing of the proposed debarment;= {S) The contractor. subcontractor or consultant performs. or fails to perform the contract in such a way that significant environmental damage results, or a violation of environmental laws or permits is committed. .+ rn r of the debarment.- cf q 2:: > ,.7 I. (b) (1) (2) j3) (4) 2 0 8/29/03 16) The contractor substitutes a subcontractor in violation of Sections 4100 et. seq. of the Public Contract Code (Subletting and SubcontractinP - Fair Practices Act) IC) contractor, subcontractor or consult ant : Any of the following may constitute grounds for peimanent debarment of the (1) Any violation of Section 3.32.025(a), (3 ) A final conviction under any state or federal statute or municipal ordinance. including a plea of nolo contendere, or final unappealable civil judgment of any one or more of the grounds listed bclow: a. Embezzlement, theft. fraudulent schemes and artifices, fraudulent schemes and practices. bid rigging, periury, forgery. bribery, falsification or destruction of records, receiving stolen property or any offense demonstrating a lack of business integrity, business honesty or responsi bility on the part of the contractor, subcontractor or consult ant ’ s responsibility; or b. A criminal offense arising out of obtaining or attempting to obtain a public or private contract or subcontract, or in the perforniance of such a contract; or c. Violations of the California Government Code, Section 84300 or 84301 (sections of the California Political Reform Act requiring disclosure of the true campaign donor) or Section 1.13.025 of the Carlsbad Municipal Code, relating to any city election. or any amendments to the code; or d. Fraud or criminal offense in connection with obtaining a public contract; or e. Conviction under federal or state antitrust statutes involving public contrdcts. 13) Any two or more of the acts or omissions in Section 3.32.0260~) In addition to all other remedies permitted by law, the city council may, upon I the recommendation of the city manager and upon advice of the city attorney, by resolution, declare a bidder or contractor ineligible to bid on city procurement and public works contracts based upon any debarment of the contractor, subcontractor or consultant by another governmental agency, for the debarment period designated by the other agency. (Ord. NS-342 $9 I, 2, 1996; Ord. NS-313 0 2, 1995) 3.32.028 Procedures for disqualification of irresponsible contractors. I =@+-When * an action is brought pursuant to Section 3.32.025, 3.32.026 or 3.32.027 of this chapter, the contractor, subcontractor or consultant shall-bke given notice of the charges and of all evidence supporting such charges. The contractor, subcontractor or consultant or its attorney shall be entitled to offer rebuttal evidence and any other evidence in support of its position. I 3 08/29/03 , 1, .. r, 0,. . I, b hxr u w, , The city shall uu shall be presented. > e, w "' Adel %-' be ., schedule a hearincr as soon as practicable upon delivery of the notice to the contmc tor. where- ,- b 6 all evidence supporting grounds for debarment ,I .. . n 1. r\I In .. 3Thc r. hexing shall be conducted before an unbiased arbitrdtor with expertise in the area relating to the contract. Any such hearing shall be conducted pursuant lo the applicable scctions of the American Arbitration Association's Construction Industry Arbitration Rules or other applicable arbitration rules. The arbitrator shall follow and comply with all applicable California case, statutory, and regulatorv law in arriving at u decision The city attorney may, in its discretion, appoint outside counsel to prosecute the charges. (c) The parties shall attempt to agree upon an unbiased third-party arbitrator. If unable to amce, each party shall select an arbitrator. The two selected arbitrators shall agree on a third arbitrator, who will conduct the hearing. The parties shall share the costs of conducting - the hearing before an arbitrator. m@ A decision of the arbitrator, making a finding of irresponsibility, is final and effective ten calendar days after a written determination and delivery of the decision to the parties- b, unless within ten-day period following delivery, the contractor, subcontractor or consultant, or the city manager, 43-k~ submits a written appeal to the city council filed with the citv clerk for the city council. The written appeal shall specifically state the reason(s) for the appeal and the manner in which the decision of - the arbitrator is in error. Fees for filing an appeal under this section shall be established by resolution of the city council; @@)-The decision of the &+EW+WF I, arbitrator shall be affirmed by the city council unless the appellant shows by a preponderance of the evidence that the decision of -the I, arbitrator is in error or inconsistent with state law. The appeal hearing shall be held . as soon as practicable after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. (Ord. NS-313 0 4, 1995) (0 All proceedings shall be as informal as is compatible with the requirements of justice. The arbitrator and/or citv council need not be bound by the common law or statutory rules of evidence and procedure, but may make inquiries in the matter throudi all means and in a manner best calculated to make a just factual determination. 3.32.029 Notice 4 08/29/03 Whenever a notice is required to be delivered under Chapter 3.32, the notice shall be delivered by any one of the followinn methods. Service is effective as described herein unlcss different provisions are specifically statcd to apply: (a) Personal delivery: service shall be deemed effective on the date of delivery. Proof of delivery of notice may be made by the certification of any designated person over the age of eighteen years by declaration under penalty of periury. The proof shall show that the delivery was done in conformity with this section or other provisions of law applicable to the subiect matter concerned. (b) Certified mail, postage prepaid, return receipt requested: service shall be deemed effective on the date of mailing. If a notice is sent simultaneously by regular mail and the notice of certified mail is returned unsimed, then service by regular inail will be dceined effective on the date mailing __ provided the regular miti1 notice is not returned. (c) Publication: Service shall be deemed effective on the first date OF publication. 5 08/29/03 CITY OF CARLSBAD FEE SCHEDULE DEVELOPMENT RELATED SERVICE FEES DECEMBER 1997 0 Additional Planning Inspections (first lnsp induded in plan check fee) Adjustment Plat Affordable Housing Credit Per Unit &peal - City Council (+ noticing costs) - fee refunded if appeal b won Appeal -nousing and Redevelopment Commission (t noticing costs),- fee refunded if appeal is won Appeal - Redev. Design Review Board (+ notiang costs) - fee refunded if appeal is won BuiUIng Permit Fees Building Plan Check - 65% of Bldg Pennit (8% dismunt on repetitive plan checks) Building Code Enforcement Certificate of Compliancs Certificate of Compl. in lieu of Parcel Map Certificate of Corredlon Community Facilities Distrid Annexation Constnction Change Review - Minor (fee plus $165 per sheet) Construction Change Review - Major (fee plus $165 per sheet) Coastal Development Permit (CDP) -Single Family Lot CDP - 2 - 4 unit or lot SUbdNiSiOn (per permit) CDP - 5 or more unit or lot subdivision (per permit) CDP Amendment = 50% of current permit cost CDP Emergency Permit CDP Exemption CDP Extensions = 25% of current permit cost CDP - Non-Redevelopment Area - Minor Permit COP Non-Residential.; 10 cents per square foot COP - Redevelopment Area CUP CUP -Amendment CUP - Bio Habitat Preserve CUP - Extension DayCare Permit DayCare Permit - Extension Design Review - Prellminaty Review - Major Design Review - Preliminary Review - Minor Developer Agreements - Deposit $10,000 increments Duplicate Tracing Fees - Final Parcel Maps (fee plus S4 per sheet) Duplicate Tracing Fees - Final Trad Maps (fee plus $24 per sheet) Easement Document Processing and Recording EIA - All Others EIA - Single Family Lot EIR Review (base fee + deposit in $5.000 inuements aRer the first 160 hn Of project planner and 40 hn project engineer) EIR -Addendum (i deposit in $1,000 increments after 1st 70 hn of project planner) EIR - Focused/Suppiemental (Requiring a Public Hearing) - (fee + deposit in $5,000 increments after the 1st 100 hn of project planner and 20 he of project engineer) ing costs) -fee refunded if appeal is won Fee Oascrintion December 16, 1997 - Note Fa 50.00 760.00 30,100.00 600.00 400.00 400.00 400.00 court cos0 620.00 2.250.00 490.00 820.00 290.00 410.00 740.00 1,350.00 2,120.00 260.00 140.00 530.00 400.00 2.680.00 1,440.00 500.00 540.00 125.00 55.00 275.00 55.00 Actual cos 10.00 10.00 390.00 1.030.00 560.00 12,000.00 1.500.00 8,400.00 , 2-1