RESPONSES TO COUNCIL QUESTIONS RE: APRIL 29, 2025 AGENDA
Agenda Item 4. 25-377: Adopt Updated Definitions for Field User Categories and Field User Priorities of Use and Adopt a Resolution Incorporating the Updated Recreation Fields and Turf Areas Reservations: Practice & Games Fees into the Proposed FY 2025/26 Municipal Fee Schedule.
I see the following:
The fee for Commercial Entity use was discussed by the Group. The Group questioned if the fee was too high or being used. This fee is currently in the Municipal Fee Schedule and partially offsets the lower fees charged to the other user categories. The Commercial Entity use is typically actualized before 3 p.m. Monday - Friday and not allowed on weekends. Given this category is the lowest priority, it still allows for use by Commercial Entities but does not impact the high demand for sports fields by the other groups during weekday afternoons and weekends.
Q1. I see that different priority groups have different fees but how are priority reservations managed? Can a high priority group book as much time as it wants for an entire baseball season? Is there a time limit for how far in advance a group can book (should be different for practices versus tournaments)? Is there a limit to the number of reservations per month?
Response: A new lottery system for field allocations was implemented, starting with Summer permits. This lottery system is managed and allocated by facility/sport and by season. The allocation system allows for each priority group to take turns booking space so that the fields are allocated equitably. Games and Tournaments are booked within the seasonal window and according to priority. Within the reservation period for each season, there is no limit on the number of reservation requests – however if we have competing requests, allocations will be handled through priority based on primary sport season, lottery position, and as equitably as possible through the process.
Q2. I see the following and am wondering if it violates Prop 218 or 26. I’m thinking that since all categories are subsidized then we should be good.
There is no direct impact on the City’s General Fund budget with the adoption of new user categories or priorities. One year of revenue ($114,695) was collected for non-profit field use prior to Council’s direction to pause fees. Assuming the same usage at the recommended $8 per hour, the estimated revenue in FY 2025/26 would be approximately $65,000. Adding a new category of adult non-profit users is expected to make up the gap in revenue. Implementation of field use facility fees will enhance the City’s ability to maintain and/or close the subsidy gap relative to staffing, maintenance and capital improvement expenses.
Response: The structure of the field fees do not raise any Prop 218 or Prop 26 concerns. Field fees are charges for the entrance and use of local government property and exempt from the definition of “taxes” under the California Constitution. Courts have ruled that such charges do not have to be limited to the reasonable cost for providing the service or be charged in proportion to the user’s burden or benefit. Therefore, the City has discretion on how to implement the field fees, including what to charge different user groups.
Agenda Item 5. 25-131: Public Hearing: Action on the Adoption of the Proposed FY 2025/26 Municipal Fee Schedule (Muni Fee Schedule)
Council Questions:
I see the following (I’m really pleased that expedited plan review is back) My questions are:
2 Q1. Does every person who gets a Mills Act, automatically get a plaque that they pay for? Is it a bronze plaque with history of the home? If so, when did this tradition start?
Response: Historically, property owners requested the plaque from the Historical & Landmarks Commission (HLC) and the cost of the plaque would be charged to the HLC budget. Under the proposed Muni Fee Schedule, any Mills Act property owner can request the plaque and would pay for it. The cost of the small plaque is currently $200.00 (year only), and the cost of the large plaque is $1800.00.
Q2. I see that the TDM Fee is new. Is this going to pay for administration of the program and cover annual reports from building owners? I think we have a consultant developing a standardized form for reporting TDM measures and outcomes.
Response: Yes, this will be a pass-through fee used to cover the cost of the consultant review of each development under the TDM Program document.
Q3. Did Expedited Plan Review come back because we hired more people or because we’re using more consultants?
Response: Expedited services will be provided either by in-house staff or by a third-party consultant, depending on the specific needs and complexity of the project, and are made possible by both increased staffing and wider use of consultant services.
3 Q4. I see a discrepancy regarding hourly Racquet fees: (My son currently pays $14). I think that if the court is available then the walk-on fee should be zero and the person can be kicked off the court if someone with a reservation shows up. This makes it easy for kids to play for free.
BUT THE MUNICIPAL FEE SCHEDULE SAYS $12 for resident and $14 for non-resident:
4 Response: The table has the former non-prime time fee. This new proposed schedule simplifies the fee structure and has one fee for all type of rentals: $12/$14 regardless of the time of day. These rental rates and reservations apply ONLY at Central Park Tennis Center/Courts. All 25 courts located outside Central Park Tennis Center are considered walk-on and free for public use. Staff will edit the table excerpted above to clarify (add “Central Park Tennis Center” to the Description) as part of the final Muni Fee Schedule.
Q5. I see the following: My impression is that only Central Park tables can be reserved so if all the other parks have walk-on first come first serve, who pays and when if someone wants to have a picnic in the park at a table? It would be nice to reference the City Code section governed by this.
Response: The City has two neighborhood parks with rentable/reservable picnic areas. Picnic areas are currently available for rent at Lick Mill and Homeridge Parks. These parks also have first-come-first serve picnic areas. The table, as excerpted above, will be updated accordingly to clarify park sites as part of the final Muni Fee Schedule.
Q6. The following is unclear about where the jump house can be? In someone’s back or front yard? Can anyone get a permit and put up a jump house in any of our parks? What about generators? It would be nice to reference the City Code section governed by this.
Response: The above table references Jump Houses that are permitted as part of a Picnic Rental or Special Event that is hosted in a City park. The rate is a fixed to $25 for the permit holder. No permit is required for use of a generator. We can strike the word “Resident” as it could be confusing. Electricity is listed in the fee schedule under Central Park Picnic Areas.
5 Q7. Do we currently charge for parking at YSP and Reed and Grant? Who manages/staffs the parking lots at that time? How much have we collected so far? Where does the money go? Does this cover parking during Levi’s stadium events too?
Response: The City does not charge regular users a parking fee at YSP or Reed & Grant. These fees are charged for special events at those facilities and managed by the Parks and Recreation Department. The money goes to the General Fund. The City has not activated the parking lots for Levi’s Stadium events.