Resolution/Muni Fee Schedule – CUPA Penalty Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. 23-9267
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
AMENDING THE FIS CAL YEAR 2023/24 MUNICIPAL FEE
SCHEDULE TO ALIGN CUPA LATE PAYMENT PENALTIES WITH
THOSE OF FIRE OPERATIONAL PERMITS
WHEREAS, under the provisions of the City of Santa Clara Municipal Code and Government Code, fees and charges assessed by the City of Santa Clara may be amended or modified upon the adoption of a Resolution by the City Council ;
WHEREAS, on April 18, 2023, Council adopted the FY 2023/24 Municipal Fee Schedule which included penalties for late payment of Fire Operational Permit fees and Fire Certified Unified Program Agency (“CUPA”) permit fees;
WHEREAS, unlike under the FY 2022/23 Municipal Fee Schedule, the current fee schedule adopted different late payment penalty structures for Operational Permits and CUPA permits ; WHEREAS, the City’s permit and penalty management software is not currently configured to allow for the graduated late payment penalty structure set forth in the current FY 23/24 fee schedule and will not be available for any such reconfiguration for several more months; WHEREAS, it is in the City’s best interests to have a late payment penalty structure for CUPA permit fees that can be immediately utilized;
WHEREAS, it is in the best interests of the City to return to the CUPA permit late payment penalty structure of 50% of assessed fees, not to exceed $500, which was utilized in the prior fiscal year, and can be tracked in the existing permit management system ; and, WHEREAS, the late payment penalty falls within exception 5 (fines and penalties) to Proposition 26 and is therefore not subject to cost recovery analysis; and WHEREAS, in adopting the amended fee and this Resolution, the City is exercising its powers under the California Constitution, the California Government Code, its Charter, its City Code, and other applicable laws.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the above recitals are true and correct and incorporated fully herein .
2. That the Fiscal Year 2023/2024 Municipal Fee Schedule is hereby amended to modify the Fire Department's late payment penalty for CUPA permit fees, as reflected on Attachment 1.
3. Effective date . This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 19rH DAY OF SEPTEMBER, 2023, BY THE FOLLOWING VOTE :
AYES: COUNCILORS:
NOES : COUNCILORS:
ABSENT: COUNCILORS :
ABSTAINED: COUNCILORS:
Attachments incorporated by reference :
Becker, Chahal, Hardy, Jain, Park, and Watanabe,
and Mayor Gillmor
None
None
None
ATTEST: ~
ORAITv1ENTEL,C
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Attachment 1: FY 2023/24 Municipal Fee Schedule Amendment Resolution/Muni Fee Schedule - CUPA Penalty
Rev: 7/27/2023
SUBMITTED BY DEPARTMENT / DIVISION:
FIRE / PENALTY FEES RESOLUTION NUMBER: 23-9221 APPROVED: 04/18/2023
CHARGING DATE FEE
TECHNOLOGY DEPT / DIV LAST CHANGED
FEE (3.37%) --------- RESOLUTION
DESCRIPTION OF APPLIES COLLECTING NUMBER & DATE
FEE , RATE OR CHARGE (Yes or No) DEPT / DIV (if applicable)
CURRENT
FEE
and
PERIOD
CITY OF SANTA CLARA MUNICIPAL FEE SCHEDULE
FULL COST FACTOR
FEE DETAIL
OBJECTIVE
PROP 26 EXCEPTION
(SEE READER'S GUIDE)
COMMENTS
25% of Assessed Fees No Charged By: Date: 4/18/2023 Objective: Penalty Fire
R. No.: 23-9221 Prop 26 Exception: 5
Collected By: R. Date: 4/18/2023
Fire Prevention
Full Cost:
50% of Assessed Fees No Charged By: Date: 4/18/2023 Objective: Penalty Fire
R. No.: 23-9221 Prop 26 Exception: 5
Collected By: R. Date: 4/18/2023
Fire Prevention
Full Cost:
100% of Assessed Fees No Charged By: Date: 4/18/2023 Objective: Penalty Fire
R. No.: 23-9221 Prop 26 Exception: 5
Collected By: R. Date: 4/18/2023
Fire Prevention
Full Cost:
50% of Assessed Fee No Charged By: Date: Objective: Penalty Not to Exceed $500 Fire
R. No.: Prop 26 Exception: 5
Collected By: R. Date:
Fire Prevention
Full Cost:
Delete fee - see restructured
CUPA Late Fee below
Late Payment of CUPA
Operational Permit Fee - Over
90 days late
Late Payment of CUPA
Operational Permit Fee - > 30
days
Restructured fee
Delete fee - see restructured
CUPA Late Fee below
Delete fee - see restructured
CUPA Late Fee below
Late Payment of CUPA
Operational Permit Fee - 31-60
days late
Late Payment of CUPA
Operational Permit Fee - 61-90
days late
Reference: CMD 109 7 - 53 Form: FEEFORM Revised: May 2011