Interoffice Memorandum
DATE: June 3, 2024
TO: Nicole Gonzales, Director of Finance
FROM: Sara Buizer, Director of Development Services
SUBJECT: FY 25 Master Fee Schedule Update
The following items are requested updates to the Master Fee Schedule as they relate to the Planning Division.
DEVELOPMENT SERVICES DEPARTMENT
B. PLANNING
Mills Act Program
In November 2010, California voters approved Proposition 26, which amended Article XIII C of the State constitution regarding adopting fees and taxes. Proposition 26 seeks to assure that taxes, which must be approved by the voters, are not disguised as fees, which can be approved by legislative bodies, such as a city council; and the Mills Act (Government Code section 50280 et seq.) which authorizes local governments to enter into contracts with owners of qualifying historic property to offer reduction in property taxes in exchange for the owner’s rehabilitation, restoration, preservation and maintenance of qualified historical property; and on May 17, 2016 the City Council adopted an ordinance adding Article 27, to Chapter 10 of the Hayward Municipal Code, to implement the Mills Act in the City of Hayward; and on May 3, 2016 the City Council adopted Resolution 16-071 which established the Mills Act Program fees related to administrative review of Mills Act Program applications and annual compliance inspections, found the fees to be incompliance with Prop. 26 and amended the Fiscal Year 2016 Master Fee Schedule; accordingly, and the Mills Act Program fees have been inadvertently not included in subsequent adoptions of the Master Fee Schedule.
Mills Act Program Application $ 2,000 Time & Material; Initial Deposit Mills Act Annual Compliance Inspection $ 387
Attached:
Mills Act Historical Property Contract
Municipal Code Chapter 10, Article 27
Resolution 16-071
cc: Sara Buizer, Director of Development Services
Christina Morales, Deputy Director of Development Services Jeremy Lochirco, Planning Manager
Tera Maroney, Management Analyst
ATTACHMENT IV
HAYWARD CITY COUNCIL
RESOLUTION NO. 16- 071
Introduced by Council Member Marquez
RESOLUTION FINDING THAT THE PROPOSED
HAYWARD MILLS ACT PROGRAM IS
CATEGORICALLY EXEMPT UNDER CEQA;
APPROVING MILLS ACT PROGRAM FEES; AND
FINDING THAT SUCH FEES ARE COMPLIANT
WITH CALIFORNIA PROPOSITION 26
WHEREAS, the Mills Act Program described in the accompanying administrative report and enactedby the associatedordinance is a program to preservehistorically significant property and is therefore categorically exempt from CEQA pursuant to Section 15723of the California Environmental Act ( CEQA) guidelines;
WHEREAS, the enactmentof such program by the associatedordinance requires an administrative fee to review and approve applications for the benefits thereunder, the fees set forth in Exhibit A arehereby approved andthe City' s Master Fee Scheduleis amended accordingly; and
WHEREAS, in November 2010, California voters approved Proposition 26, which amendedArticle XIII C of the Stateconstitution regarding the adoption of feesand taxes.
Proposition 26 seeksto assurethat taxes, which much be approvedby the voters, are not disguised asfees, which canbe approved by legislative bodies, such asa city council. The proposed amendment to the Master Fee Schedule ( MFS) is compliant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hayward hereby adopts certain changesin the Master Fee Schedulerelating to feesand charges for the Planning Division in the Development ServicesDepartment, asreflected in Exhibit A.
IN COUNCIL, HAYWARD, CALIFORNIA Mai, 2016
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS: Zermeflo, Mendall, Jones, Peixoto, Lamnin, Marquez MAYOR: Halliday
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
APPROVED AS TO FORM:
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City Attorney of the City of Hayward
ATTEST: qvTu,-O
Cita,- Clerk of the City of Hayward