ANIMAL SERVICES
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-1
INTER OFFICE MEMORANDUM
TO: G. H
arold Duffey FROM: Ann Dunn
Interim City Administrator Director, Department of Oakland Animal Services
S
UBJECT: FY 2023-24 Master Fee Schedule DATE: March 9, 2023 ___
_______________________
RE
COMMENDATION
O
akland Animal Services requests that no changes be made to the Master Fee Schedule (“MFS”) for Fiscal Year 2023-2024.
E
XECUTIVE SUMMARY
On February 7, 2023, the City Council approved a cost of living adjustment (“COLA”) to increase OAS’s existing relevant fees by 5% to fully cover the cost of providing services.
Because the overwhelming majority of OAS clients are low-income and Black, Indigenous and people of color, and a further fee increase would present a hardship for these clients, and an obstacle to families redeeming their lost animals, OAS requests that no changes be made to the Master Fee Schedule (“MFS”) for Fiscal Year 2023-2024.
RACE
AND EQUITY ANALYSIS
Residents from zip codes identified in the 2018 Oakland Equity Indicators Report that are more than 60% BIPOC make up 89% of owner surrenders; 90% of requests for veterinary services for owned animals; 85% of people looking for their lost animals; and, 62% of adopters. Residents from zip codes 94603 and 94621, in deep East Oakland, make up 38% of owner surrenders; 37% of requests for veterinary services for owned animals; 28% of people redeeming their lost animals; and 6% of adopters.
Because existing fees were increased by 5% to cover COLA on February 7, 2023, OAS requests that no additional increases occur so as not to create an unfair burden to our mostly low-income clients.
______________/s/__________________
Ann Dunn
D
irector, Oakland Animal Services
CITY ATTORNEY
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-2
INTER OFFICE MEMORANDUM
TO: Steven Falk FROM: Barbara J. Parker
Interim City Administrator City Attorney
SUBJECT: City Attorney Master Fee Schedule DATE: March 15, 2023 FY 2023-2024
________________
The Oakland City Attorney’s Office is not revenue generating . The City Attorney’s office utilizes the rates in the master fee sche dule to calcu late the Office’s staff costs for various matters, including, 1) when the City prevails in a litigation matter at plaintiff or secures a judgment in the City ’s favor as a defendant , the City sometimes is entitled to reim bursement of attorneys’ fees and costs pursuant to a statute, court order or the terms of a contract , or 2) to calculate the office’s costs for bond issuances. For example, when the City Attorney defends the City in lit igation regarding a project approval, Planning Code section 17.130.060 requ ires that the applicant reimburse the City for attorneys ’ fees, including fees for time in-house attorney time defending the City’s land use decisions.
The proposed FY 2023-2024 (Attachment 1) fees have been calculated by adding the 5% Cost of Living Adjustment ( “COLA”) authorized by the City C ouncil. Our Office is not requesting any additional fee revisions at this time.
Race & Equity Impact
The proposed fees have no discernable equity impact.
For questions, please contact Dara A. Wiseman, Legal Administrative Services Manager at (510) 238-3827.
BARBARA J. PARKER
City Attorney
Attachments (1)
Office of the City Attorney FY 2023-2024 MFS Ordinance Update 3242666v2
CITY CLERK
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-3
INTER OFFICE MEMORANDUM
TO: Steven Faulk, City Administrator
FROM: Asha Reed, City Clerk
CC: Angela Pinon-Robinson, Deputy City Administrator
SUBJECT: MFS 23-24
DATE: March 15, 2023
____________________________
SUMMARY
The Office of City Clerk proposed a 5% Cost of Living Adjustment (COLA) increase to fees associated with labor cost for KTOP as suggested by the 2023-2024 Master Fee Schedule team. Additionally, there are no Proposition 26 implications associated with these fees. All changes were to increase COLA.
RACE AND EQUITY IMPACT
There are no race and equity impacts proposed by these changes.
For questions about this report, please contact Mike Munson, KTOP operations manager [email protected], (510)238-6565.
FINANCE DEPARTMENT
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-4
INTER OFFICE MEMORANDUM
TO: Steven Falk
Interim City Administrator
FROM: Erin Roseman
Director of Finance
SUBJECT: FY 2023-24 Master Fee Schedule DATE: May 9, 2023
RECOMMENDATION
The Finance Department recommends the City Council approve proposed changes to the FY2023-24 Master Fee Schedule (“MFS”), which include modification to an existing fee and increases to existing fees to recover reasonable cost of providing service.
EXECUTIVE SUMMARY
The Finance Department has analyzed its fees and proposes to revise fees for the FY2023-24 MFS update. The Finance Department identified the need to increase fees due to cost increases associated with providing services consistent with cost-of-living adjustments (“COLA”) and the increased cost of employee benefits.
ANALYSIS
The Finance Department reviewed its fees to determine at what level the fees would be full cost recovery. The proposed fees or charges within the MFS for FY2023-24 are no more than necessary to cover the reasonable costs of the activity or service being provided. The changes in fees are intended to meet the requirements of Proposition 26.
FINDINGS
The Finance Department identified the following fees to be included in the Master Fee Schedule to close the gap towards full cost recovery.
• City Subscription Administrative Service Charge – Delete sub-section and consolidated under one fee.
• Collection Fee for delinquent accounts – Accounts with balance of $300 or more, increase threshold from $300 to $315.00. Deleted, or 10% whichever is greater.
Accounts with a balance less than $300, increase threshold from $300 to $315. • Business License Verification Fee – from $40.00 to $42.00. • New Business Registration – from $95.00 to $99.00 per new established business.
FY 2023-24 Master Fee Schedule Proposed Increase
Date: May 9, 2023, Page 2
• Recordation and Technology Fee – from $4.50 to $5.00 per new business license & per business renewal.
• Certificate for Non-Profit Business – from $28.00 to $29.00 per certificate. • Special Event Permit – from $90.00 to $94.00 per permit. • Duplicate Release of Lien – from $170.00 to $178.00 per lien. • Administrative Service Charge, Release of lien – from $162.00 to $170.00 per lien. • Administrative Service Charge, Duplicate Certificate – from $27.80 to $29.00 per duplicate certificate.
• Administrative Service Charge, Collection by Special Tax Roll – from $162.00 to $170.00 per lien.
• Notice of Violation Fee – Non-Procurement of Business Certificate – from $155.00 to $162.00 per issuance.
• Citywide Lien Administrative Fee – from $162.00 to $170.00 per lien. • Demand Letter / Research & Processing Fee – from $162.00 to $170.00 per request. • Administrative Fee for Promissory Notes – from $129.00 to $135.00 per note. • Financial Reports (Retirement) Oakland Police & Fire Retirement System – from $5.25 to $5.51 for the first 30 pages and from .26 to .28 per page for pages in excess of
30. • Financial Reports (Retirement) Oakland Municipal Employees Retirement System – from $5.25 to $5.51 for the first 30 pages and from .26 to .28 per page for pages in excess of
30. FISCAL IMPACT
The fiscal impact of the proposed increase in revenue is expected to offset the cost of providing these services, therefore no fiscal impact is anticipated.
RACE & EQUITY IMPACT
R
ace and Equity impacts are unknown at this time. The proposed fee increase is intended to meet the requirements of Proposition 26.
Respectfully submitted,
Erin Roseman
Director of Finance
POLICE DEPARTMENT (OPD)
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-5
INTER OFFCE MEMORANDUM
TO: Master Fee Schedule Department FROM: LaRajia Marshall Fiscal Services Manager
Oakland Police Department
SUBJECT: FY 2023‐24 Master Fee Schedule
Oakland Police Department
Amendments
DATE: March 24, 2023
________
PURPOSE
The Oakland Police Department (OPD) proposes to increase all relevant fees in the Master Fee Schedule by five percent (5%) to offset changes in costs related to the provision of services for which fees are assessed.
FISCAL IMPACT
The revenues anticipated from fees associated with this increase will help offset cos ts to provide services for which fees are assessed, with no net gain to OPDs overall budget.
RACE AND EQUITY IMPACT
No equity impact analysis was undertaken with respect to the suggested Master Fee Schedule updates. A complete equity analysis would need to be performed to fully understand the impacts of increasing fees to services for communities impacted by racial disparities.
LaRajia J. Marshall
Fiscal Services Manager
Oakland Police Department
455 7th Street
Oakland, CA 94607
Office: 510.238.4767
[email protected]
FIRE DEPARTMENT (OFD)
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-6
MEMORANDUM
TO: Master Fee Schedule Team FROM: Dr. Reginald D. Freeman Fire Chief
SUBJECT: FY 2023-24 Master Fee Schedule
(MFS)
DATE: March 9, 2023
SUMMARY
The O
akland Fire Department (OFD) proposed a 5% Cost of Living Adjustment (COLA) increase to all relevant fees as requested by the Master Fee Schedule (MFS) Team.
P
er the City Attorney’s recommendation, OFD added fees to identify and indicate which inspection types are not charged. Additional fees were also added that were not captured in prior MFS, but allowable under applicable Health and Safety Codes.
U
nder the Incident Recovery Fees by classification, OFD is proposing to change the fee structure to “Actual Cost” to recover the actual amount allowed. This is will also align with the Oakland Police Department’s recovery fee structure (Section G-2 of current MFS).
F
ISCAL IMPACT
The 5%
increase on all relevant fees is to reflect the Cost of Living Adjustment for the respective union’s agreement for the fee to be cost recovered.
Ther
e will be an increase in revenue for some of the fees being added, as the fees were not captured in prior MFS and not previously charged.
RACE
AND EQUITY IMPACT
Ther
e are no racial or equity impacts caused by the proposed changes.
For
questions relating to this report, please contact Gene B. Tom, Chief Financial Officer. He can be reached at (510) 238-4055.
R
espectfully submitted,
Dr
. Reginald D. Freeman
Fire Chief
OAKLAND PUBLIC LIBRARY
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-7
INTER OFFICE MEMORANDUM
TO: Steven Falk FROM: Jamie Turbak
Interim City Administrator Library Director
SUBJECT: OPL FY 2023-2024 MFS COLA
exemption
DATE: March 20, 2023
PURPOSE
The Oakland Public Library seeks authorization to exclude the impact of any increase in its fees due to COLA, and requests that no changes be made to OPL’s approved FY 2023-2024 Master Fee Schedule (MFS).
FISCAL IMPACT
OPL’s fees consist of service and use fees related to printing, faxing, scanning, overdue fees for tools and laptops, and the use of images and audio from the African American Museum Library (AAMLO) for publications and advertisements. The replacement fees for books, tools and other materials are already set at actual cost.
The only fee that would be impacted by COLA is the rental of the AAMLO gallery, which includes an element of staff time. There has been no revenue generated from the AAMLO meeting room over the past two years, with an average of just $1,100 collected over the last five years. We are requesting that this fee remain unchanged.
EQUITY IMPACT
The American Library Association in its Library Bill of Rights cautions that libraries who charge fees for their meeting rooms “may abridge or deny access for some community members,” and given disproportionate impacts to library borrowers in zip c odes most impacted by factors in the Oakland Equity Indicators report. There will be no negative equity impact as a result of leaving this fee unc hanged. ______
________________________
Jamie Turbak
Library Director
At
tachments:
OP
L FY 2023-2024 Master Fee Schedule
PARKS AND RECREATION AND
YOUTH DEVELOPMENT
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-8
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HUMAN SERVICES
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-9
INTER OFFICE MEMORANDUM
TO: Steven Falk FROM: Estelle Clemons
Interim City Administrator Interim HSD Director
SUBJECT: FY 23-24 Master Fee Schedule (HSD) DATE: 3/24/2023 ______________________________________________________________________________ The
City of Oakland Human Services Department (HS D) does not propo se a n increase to the Master Fee Schedule (MFW.) The fees HSD charges are associated with services for seniors.
Rates were recently updated with the COLA increase in February 2023 and therefore an additional increase is not needed at this time.
Race & Equity Impact
HSD Senior Centers are located within underserved neighborhoods of East, West, North Oakland.
Senior Center s provide d case management service s, daily activities, and mea ls to over 3,200 Seniors during FY 21-22. Most of the population served at the centers are BIPOC (over 90%) and fall well below the median income level for Alameda County, reported as $113,339, according to the 2021 Census.
_____________________________
Estelle Clemons, Interim Director
Human Services Department
PUBLIC WORKS (OPW)
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-10
ECONOMIC WORKFORCE
DEVELOPMENT
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-11
INTER OFFICE MEMORANDUM
CITY OF OAKLAND
DATE: March 8, 2023
TO: G. Harold Duffey, Interim City Administrator
FROM: Sofia Navarro, Interim Director, Economic & Workforce Development CC: Kenton Mak, Administrative Services Manager II
RE: FY 2023-24 Master Fee Schedule for Economic and Workforce Development Department (EWDD)
Attached is the Proposed FY2023-24 Master Fee Schedule (MFS) for the Economic & Workforce Development Department (EWDD) consisting of Real Estate, Public Art, Film, Special Activities and Nuisance Enforcement. The Proposed FY2023-24 MFS for Special Events is in a separate worksheet.
The proposed amendments to the Real Estate, Public Art, Film and Nuisance Enforcement fees are due to increased staff cost. Staff costs are increased by 5% to full cost recovery based on staff time including fringe and overhead rates, as instructed by the Revenue Office.
In addition, most of the Special Activities Fees are proposed to increase by 5% to full cost recovery, with some amendments and new fees.
1. Amendment to Application Filing Fee for a Special Activity Permit as required by Oakland Municipal Code
a. Change in Fee Description to Item A-5.
The language Large Cabaret is added to Annual Permit Fee differentiate between Large and Small Cabaret.
b. Increase of 10% in Fee to Item A-5.
Historically, the annual permit fee was included in the MFS, but when Special the fee line item was inadvertently dropped from the MFS. The last known fee was $1,141. This was from FY2020-21, which is the current fee EWDD collects for each annual permit. EWDD is proposing an increase total to 10% in order to capture the approved COLA increases in FY 2022-23 (5%) and FY2023-24 (5%).
c. Reduction in Fee for A-24 Outdoor Sound Amplification.
The reduction in fee will encourage compliance.
2. Reduction in Fees for Charitable Solicitation Permit a. Reduction in Fee for D-1 Fees for Charitable Solicitation Permit. The reduction in fee will encourage compliance.
3. New fees in Cannabis Permit
a. Compliance Plan Fee
compliance plan process to locally authorize cannabis permit applicants for a state cannabis license while operators finish the local cannabis permitting operators diligently finalize all building and fire permitting requirements needed to obtain a City of Oakland cannabis permit. This would give cannabis operators a fair and predictable working relationship with the City and reduced barriers of entry into the regulated market. While staff and the Cannabis Regulatory Commission support continuing compliance plan processes, additional staff time is
permitting requirements.
b. Large (5,000+ squre foot facility) Cultivator Annual Plan Large cultivation facilities require additional monitoring to ensure compliance with clean energy, building code, and fire code requirements. Staff time is spent on additional administrative and inspection resources monitoring these facilities.
4. New fees: Mobile Vending Permit
In 2017, the Oakland City Council adopted Ordinance No. 13421 C.M.S., which established a permitting process for mobile food vendors and authorized related fees to be set in the Master Fee Schedule. This initial program restricted the number of mobile food vending permits available, did not include a permitting option for mobile retailers, and included planning related fees.
In 2020, the City Administrator adopted the Flex Streets Initiative (Flex Streets) to provide outdoor options for businesses, including mobile food vendors, to continue operating during the COVID-19 pandemic. Flex Streets eliminated the limit on the number of mobile food vending permits and waived all permitting fees.
In 2022 the Oakland City Council adopted Ordinance No. 13682 C.M.S., which permits, established a permitting process for mobile retailers, and directed the City Administrator to establish fees for each component of the Flex Streets program by July 1, 2023.
The proposed fees for mobile vending will
mobile vending permits and applications as well as inspecting mobile vending locations.
5. Special Event Application Fee
Ordinance 13700 provided a New One-Stop Shop Approach for Special Event application process. The Ordinance reflected fees for FY2022-23 but was not captured on the MFS. EWDD is adding the FY2022-23 fees to the Special Event MFS and proposing the 5% Approved COLA increase for FY2023-24 fees.
Approved for Forwarding
________________________
Sofia Navarro, Interim Director
HOUSING AND COMMUNITY
DEVELOPMENT
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-12
City Administrator Approval Date
Inter Office Memorandum
TO: Steven Falk, Interim City Administrator
CC: William Gilchrist, Director, Planning and Building
FROM: Emily Weinstein, Interim Director
Housing and Community Development Department
DATE: May 9, 2023
RE: Inflationary Adjustments to the Jobs Housing Impact Fee 2023-24
EXECUTIVE SUMMARY
Ordinance No. 12442 C.M.S, adopted on July 30, 2002, established the Jobs Housing Impact Fee and is codified in Section 15.68 of the Oakland Municipal Code (OMC). In accordance with Section 15.68, the Housing and Community Development Department (HCDD) has calculated the increase to the Jobs Housing Impact Fee for fiscal year (FY) 2023-24. Under the OMC, the City Administrator may adopt adjustments to the fee commencing July 1, 2023. In order for the fee increase to go into effect, the City Administrator’s authorization is required. No Council action is needed and the changes will go into effect upon your approval. We request that be executed and returned by June 30, 2023.
ANALYSIS
The Jobs Housing Impact Fee must be adjusted with inflation each year. The inflation increase should be effective on July 1, 2023 as stated in the code section 15.68.050. This new fee should be charged on applicable projects that have applied for their building permits on July 1, 2023 or later.
Methodology
The OMC stipulates that the Marshall and Swift (M&S) index should be used as the basis for the fee increase. These increases are summarized in the table below.
May 9, 2023
Inflationary Adjustments to Jobs Housing Impact Fees for FY 2023-24
Table 1: M&S Index Analysis
Year
M&S Construction
Cost Index (Jan.) for
Wood Framed
Buildings in Western
District
Inflation Increase for
Year
Jobs Housing
Impact Fee per
Square Foot
2023 4493.2 4493.2/4037.9 = 1.113 $8.05
2022 4037.9 4037.9/3509.8 = 1.151 $7.24
2021 3509.8 3509.8/3332.9 = 1.053 $6.29
20201 3332.9 3332.9/3287.1 = 1.014 $5.98
2019 3287.1 $5.89
1. The FY 2020/21 Master Fee Schedule incorrectly listed the Jobs Housing Impact Fee as $5.90 per square foot, rather than the correct amount of $5.98 per square foot. The inflation increase for FY 2022/23 was applied to the corrected FY 20/21 baseline amount of $5.98.
The Jobs Housing Impact Fee was not updated in the Master Fee Schedule in FY 2021/23 or FY2022/23 due to administrative oversight, despite having calculations completed and signed off in FY2022/23.
RACE & EQUITY IMPACT
Since the fee was initially enacted in 2002, with a set formula for increases, no analysis was performed with the proposed fee changes. Therefore, the Race & Equity Impact is unknown at this time. However, the fees are
CONCLUSION
Thank you for your consideration of HCDD’s analysis of the FY 2023/24 Jobs Housing Impact Fee. Please let us know if you require any explanation or further information.
Sincerely,
Emily Weinstein, Interim Director
Housing and Community Development Department
INFORMATION TECHNOLOGY (ITD)
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-13
TO: Erin Roseman FROM: Tony Batalla, CIO
Director of Finance Rufina Macaraeg, ACCTIII
SUBJECT: ITD - FY 2023-24 Master Fee Schedule DATE: March 15, 2023
RECOMMENDATION
Staff recommends that the City Administrator amend the Information Technology fees in the Master Fee Schedule to:
Current Fee Proposed Fee
FY22-23 FY23-24
A. Radio Services
Monthly Radio Usage Fee 26.25 per radio 27.56 per radio Radio Programming, Installation, and Support 89.25 per hour 93.71 per hour B. Consulting Services
1. IT Project Management Services 111.30 per hour 116.87 per hour
2. IT Administrative Services 90.30 Appraisal 94.82 Appraisal
3. IT Technical Services 73.50 per hour 77.18 per hour
EXECUTIVE SUMMARY
The Master Fee Schedule is reviewed annually. The Information Technology Department is requesting to amend the current fees for Fiscal Year 2023-24. The proposed amended fees are an increase of 5% Cost-Of-Living Adjustment for Monthly Radio Usage Fee, Radio Programming, Installation and Support, IT Project Management Services, IT Administrative Services, and IT Technical Services.
ANALYSIS
The Information Technology Department increased 5% on fees due to Cost-Of-Living Adjustment in order to cope with inflation on goods and services.
FISCAL IMPACT
The cost of the fee increase is an additional $1.31 on Monthly Radio Usage Fee, $4.46 on Radio Programming, Installation and Support, $5.57 on IT Project Management Services, $4.52 on IT Administrative Services, and $3.68 on IT Technical Services.
To: Erin Roseman
Subject: Master Fee Schedule: ITD Amendments
Date: March 14, 2023
RACE & EQUITY IMPACT
No analysis was performed with the proposed fee change, therefore the Race and Equity Impact is unknown at this time.
____________________________
Director Name Date
Department
Attachments: FY 2023-24 Master Fee Schedule Template - ITD
DEPARTMENT OF TRANSPORTATION
(DOT)
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-14
1 DEPARTMENT OF TRANSPORTATION
TO: Steven Falk, Interim City Administrator
FROM: Fred Kelley Director, Oakland Department of Transportation (OakDOT) SUBJECT: FY 2023 – 24 Master Fee Schedule OakDOT Amendments DATE: May 2, 2023
The City of Oakland Department of Transportation (OakDOT) proposes Master Fee Schedule (MFS) revisions for FY 2023 – 24, including modifications of the current assessed fees in compliance with the state’s voter-approved Proposition 26. Anticipated revenue from proposed fee changes will help offset costs of providing services for which the fees are charged, with no net gain to the City’s overall budget.
In addition to the 5% cost-of-living adjustment to permit fees directly associated with OakDOT staff time, OakDOT proposes the following revisions to resolve discrepancies across the MFS Transportation Section:
1. The fee for “Inspection Hours Outside of Normal Operating Hours” increases by 5.17% to reflect an hourly rate of one and one-half times the rate for inspection hours during normal operating hours.
2. The hourly fee for “Plan Review” of Public Infrastructure Permits increases to $257.54 (or by
16.22%) to ensure consistency across the Master Fee Schedule. The hourly fee for “Engineering Review” across permit types is $257.54.
3. The hourly fee for “Plan Review Outside of Regular Working Hours” of Public Infrastructure Permits increases to $386.31 (or by 16.41%) to ensure consistency across the Master Fee Schedule. The hourly fee for Engineering Review Outside of Normal Working Hours across permit types is $386.31, or one and one-half times the normal rate.
4. The hourly fee for “Consultation Requested For Preliminary Review Of Improvements And Construction Projects” increases to $257.54 (or by 23.16%) to ensure consistency across the Master Fee Schedule. The hourly fee for “Engineering Review” across permit types is $257.54.
5. The hourly rate for “Inspection of Public Infrastructure Outside of Regular Working Hours” increases from $32.45 in the FY 2022 – 23 MFS to $359.49 (or by 1,007.84%) to fix an error in the Master Fee Schedule and ensure consistency within the MFS and to reflect an hourly rate of one and one-half times the rate for inspection hours during operating hours.
6. The hourly rate for “Permit Application Review and Processing Outside of Regular Working Hours” increases to $386.31 (or by 25.08%) to ensure consistency across the Master Fee Schedule. The hourly fee for Engineering Review Outside of Normal Working Hours across permit types is $386.31, or one and one-half times the normal rate.
2 Racial Equity Impacts
There are no racial equity impacts caused by proposed Master Fee Schedule revisions to support cost-of- living adjustments and to improve internal consistency within the MFS.
New Parklet Permit Fees and Equity Fee Waiver Program
Consistent with City Council direction (CMS 13682) and OMC 8.62.050, OakDOT also proposes adding Parklet Permit fees effective July 1, 2023, and a parklet fee discount program as described below. During the COVID-19 emergency, OakDOT issued temporary no-fee Flex Streets Permits to accommodate parklets in the right-of-way and support the emergency operations of Oakland’s businesses. Temporary Flex Streets Permits expire on June 30, 2023. Commencing July 1, 2023, OakDOT proposes the following revised Parklet Permit fees, which are the minimum sufficient to cover the costs of providing services for which the fees are charged, with no net gain to OakDOT’s overall budget. • The fee for a “New Parklet” is $994.41 per permit per year to cover the costs of two “Inspection Hours During Normal Operating Hours” and two hours of “Engineering Review During Normal Business Hours.”
• The annual fee for a “Parklet Renewal” is $479.33 per permit per year to cover the costs of two “Inspection Hours During Normal Operating Hours.” To renew a Parklet Permit, OakDOT staff will inspect the parklet to ensure the parklet continues to adhere to parklet safety standards and permit conditions.
• The Annual Parking Space Rental Fee is $1,000 per parklet.
Racial Equity Impacts
In addition to directing staff to develop a permanent Parklet Permit program with attendant fees, in March 2022 the City Council established an “equity fee waiver program…for applicants who meet certain equity criteria” (CMS 13682). OakDOT staff, in partnership with colleagues from the Economic & Workforce Development Department (EWDD) and the Department of Race & Equity (DRE), recommend a two-step qualification process to support economic and neighborhood activity in highest and high priority neighborhoods while reserving fee exemptions for businesses lacking financial resources. Specifically, OakDOT recommends waiving the Annual Parking Space Rental fee and reducing the New Parklet and Parklet Renewal Fees to $100 and $50, respectively, for applicants who meet the following two equity criteria:
1. Proposed parklet is located in a High Priority Neighborhood or Highest Priority Neighborhood, per the OakDOT Geographic Equity Toolbox Oakland Equity Map.
2. Applicant’s prior year annual gross receipts are in the bottom quartile of Oakland restaurants, or less than $400,000.
OakDOT routinely utilizes the OakDOT Geographic Equity Toolbox Oakland Equity Map to inform and prioritize investments in communities historically and currently underserved. The Oakland Equity Map assigns each census tract in Oakland a level of priority between lowest and highest determined by seven demographic factors including the proportion of People of Color, low-income households, people with disability, seniors, single parent households, severely rent-burdened households, and low educational attainment compared to the Citywide average. Reducing barriers to parklet implementation in priority neighborhoods can help to encourage equitable distribution of the vibrant community spaces that parklets create.
3 To minimize potential displacement and perceptions of gentrification, OakDOT, DRE, and EWDD staff also recommend an income criterion. According to data provided by the Finance Department, the bottom quartile of Oakland restaurants made less than $400,000 in annual gross receipts in 2022. By providing relief to these under-resourced businesses, both the businesses and their surrounding neighborhoods will benefit. Eligible businesses can expand their business footprint and generate more revenue, and priority neighborhoods benefit from the activation of public space—foot traffic and eyes on the street—that brings vitality to the public right of way.
In terms of the fiscal impact, adopting a fee waiver program reduces the amount of permit fees collected and requires the General Fund to offset any lost permitting fee revenues. An initial estimate by OakDOT staff of existing parklet permittees that may be eligible for a fee waiver based on staff’s proposed eligibility indicates that the proposed policy will result in the approximate loss of $48,000.00 in permit fees. Accordingly, in order to implement the proposed fee waiver program, the City Council should allocate approximately $48,000 from the General Fund to account for the proposed Equity Fee Waiver.
This upfront investment lowers the likelihood that City fees will present a barrier to participation in the parklet program and improves access to the economic benefits of parklets for highest and high priority neighborhoods. In turn, participating businesses may generate more tax revenues and employ more staff, improving the City’s overall economy.
For questions related to this Memo, please contact Emily Ehlers, Transportation Manager. She can be reached at [email protected] or 510-238-2259.
Sincerely,
Fred Kelley
Director, Oakland Department of Transportation
PUBLIC ETHICS COMMISSION
DIRECTOR NARRATIVE
FY 2023-24 MASTER FEE SCHEDULE
ATTACHMENT A-15
Ryan Micik, Chair
Charlotte Hill, Vice Chair
Alea Gage
Arvon Perteet
Vincent Steele
Francis Upton IV
Suzanne Doran, Acting Executive Director
One Frank Ogawa Plaza, Room 104, Oakland, CA 94612 (510) 238-3593 Fax: (510) 238-3315 TO: Steven Falk, Interim City Administrator
FROM: Suzanne Doran, Acting Executive Director
Ana Lara-Franco, Commission Analyst
DATE: May 5, 2023
RE: FY 2023 – 2 024 Master Fees Schedule (MFS) Public Ethics Commission Amendments T
he City of Oakland Public Ethics Commission (PEC or Commission) proposes Master Fee Schedule (MFS) amendments for FY 2023-24 to add to the current assessed fees in compliance with the state's voter-approved Proposition 26. Anticipated revenue from proposed fee changes will help offset costs of providing services for which the fees are charged with no net gain to the City's overall budget.
Below is a summary for the amendments proposed in FY 2023-24.
Ba
ckground
T
he Oakland Lobbyist Registration Act (LRA) requires any person that qualifies as a lobbyist to register annually with the Public Ethics Commission before conducting any lobbying activity. Under Oakland law, a person qualifies as a local government lobbyist in Oakland if:
• T
hey are paid $1,000 or more in a calendar month to communicate with City officials to influence any proposed or pending governmental, legislative, or administrative action; or • Their duties as an employee, officer, or director of an organization or business entity include communicating (directly or through an agent) with City officials or employees to influence any proposed or pending governmental, legislative, or administrative action.
T
he LRA also requires that lobbyists submit quarterly reports disclosing their lobbying activities to ensure that the public knows who is trying to influence City decisions. The Public Ethics Commission ensures compliance with the City of Oakland's lobbyist registration laws and acts as filing officer for lobbyist disclosure. Examples of filing officer activities include processes such as noticing registration and filing deadlines, advice and technical assistance, surface review of filings for completeness, engaging with non- filers to gain compliance, and m aintenance of the PEC’s online filing system. In 2022, over 18 percent of requests to staff for advice and technical assistance came from lobbyists. At present, the City of Oakland does not charge lobbyists a registration fee or late fees for missed deadlines. The Commission propose s an annual lobbyist registration fee and late fee for filings submitted after deadlines be added to the Master Fee Schedule. 1 R
ationale
A s
urvey of California cities and counties that require lobbyist registration by Commission staff found that most (over 70 percent) charge a registration fee. For example, Anaheim, Berkeley, Long Beach, Los Angeles, Sacramento, San Diego, San Francisco, and San Jose all charge lobbyist registration fees 1 The Lobbyist Registration Act must be amended to include the registration fee and late filing fees prior to implementation.
Public Ethics Commission
FY 2023 – 2024 MFS Amendments
2 that range from $100 to $500. Long Beach, Los Angeles, Sacramento, San Diego, and San Jose also charge a one-time fee for each additional client a lobbyist takes on.
In addition, most California cities that require lobbyist registration charge penalty fees for late registrations and/or other late lobbyist disclosure filings . The City of Oakland charges other persons required to file public disclosure reports a penalty for late filings. For example, late campaign filers are charged $10 per day af ter the filing deadline until a statement is filed. Similarly, Form 700 filers are subject to a late fee of $10 per day after the filing deadline until the statement is filed.
The table below summarizes lobbyist fee policies in surveyed cities.
City Annual Fee Per Client Fee Late Penalty
Anaheim $100.00 N/A $50 per day
Berkeley $500.00 N/A 3-month disbarment
Long Beach $129.00 $31.00 $25 per day
Los Angeles $450.00 $75.00 $25 per day
Sacramento $100.00 $25.00 $25 per day
San Diego $191.94 $40.23 Misdemeanor
San Francisco $500.00 N/A $50 per day
San Jose $223.55 $74.41 5% of unpaid fee
Given the substantial staff resources associated with administering the lobbyist registration program, the Commission requests the following registration fee and late filing penalty be added to the Master Fee Schedule to take effect FY 2023 - 2024:
1. An annual lobbyist registration fee of $500.
2. A late filing penalty of $10 per day after the filing deadline until the form is filed for lobbyist registration and lobbyist reports.
The proposed annual registration fees cover reasonable regulatory costs to the City for issuing registrations, performing investigations, inspections, and audits, and administrative enforcement and are comparable to fees charged by cities with similar lobbyist disclosure programs.
The proposed $10 per day late filing penalty is a deterrent to untimely filings and is consistent with late filing penalties charged by the City of Oakland to other regulated groups.
Economic impact: An estimated $35,000 in revenues generated from the registration and late fees to fund essential City services.
Environmental: There are no direct environmental impacts associated with the requested fees.
Race & Equity: There are no direct race or equity impacts associated with the requested fees. However, the Commission shall develop a registrat ion fee waiver policy for lobbyists that are employees or representatives of 501(c)(3) nonprofit organizations and/or community-based organizations that can demonstrate hardship, prior to fee implementation.
Public Ethics Commission
FY 2023 – 2024 MFS Amendments
3 5
% COLA Adjustment
C
urrently the Public Ethics Commission maintains the following fee:
E
LECTION FILING FEES – Campaign Finance Statements Late Fee per day until filed. $10.00/day penalty may not exceed cumulative amount of expenditures or receipts or $100, whichever is greater.
T
his fee is set by State law, specifically, California Government Code section 91013, which is part of the California Political Reform Act. That statute outlines a $10/day fee for late campaign statements that cannot be adjusted by local governments. Thus, because the fee is established by State law, the Public Ethics Commission does propose increasing this late filing penalty.