SUBJECT: STAFF RECOMMEN- DATIONS: FISCAL IMPACT: BOARD ACTION AS FOLLOWS:

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1 Click Here to Return to - Lyek ARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS ACTION AGENDA SUMMARY DEPT: TREASURER-TAX COLLECTOR BOARD AGENDA# *B-13 (h) Urgent Routine X AGENDA DATE April 27, 2004 CEO Concurs with Recommendation YE@$ NO 415 Vote Required YES NO d (Information Attached) SUBJECT: STAFF RECOMMEN- DATIONS: APPROVAL TO SET PUBLIC HEARING FOR MAY 18,2004, AT 6:35 P.M. FOR THE CONSIDERATION OF APPROVAL TO INTRODUCE AND WAIVE THE FIRST READING OF AN ORDINANCE ESTABLISHING NEW FEES FOR THE OFFICE OF THE TREASURER-TAX COLLECTOR. APPROVAL TO SET PUBLIC HEARING FOR MAY l8,2oo4, AT 6:35 P.M. FOR THE CONSIDERATION OF APPROVAL TO INTRODUCE AND WAIVE THE FIRST READING OF AN ORDINANCE ESTABLISHING NEW FEES FOR THE OFFICE OF THE TREASURER-TAX COLLECTOR. FISCAL IMPACT: If the fee adjustments are approved, the increase in revenues for the Department is estimated to be $16,000 annually. State law requires charges for services not to exceed cost of services. BOARD ACTION AS FOLLOWS: On motion of Supervisor ----!%!I I, Seconded by Supervisor ----??aaiel_d_ and approved by the following vote, Ayes: ~~~l,~~ie~d~~~~~er,~~im~-n~arl.d~~~~a_i~rn~a_n~a~~s_~ Noes: N_o_ng _e_e_e---_e_e_e----_e_e_e---_e Excused or Absent: Nooa... Abstaining: Supervisor:Nore... 1) X Approved as recommended 2) Denied 3) Approved as amended 4) Other: MOTION: ATTEST: CHRISTINE FERRARO TALLMAN, Clerk

2 Click Here to Return to Agenda APPROVAL TO SET PUBLIC HEARING FOR MAY 18,2004, AT 6:35 P.M. FOR THE CONSIDERATION OF APPROVAL TO INTRODUCE AND WAIVE THE FIRST READING OF AN ORDINANCE ESTABLISHING NEW FEES FOR THE OFFICE OF THE TREASURER-TAX COLLECTOR. Page 2 DISCUSSION: On March 30,2004, the Board of Supervisors adopted a preliminary budget reduction strategy and policy for fiscal year The adopted strategy included consideration of new or additional fees where appropriate, to cover the cost for provision of County services. The Treasurer-Tax Collector's Office charges fees only for services that go beyond basic tax collection such as duplicate copies of tax bills, research of public records inquiries, extraordinary personal contact prior to a tax sale, or, to recover unusual banking costs such as a returned check fee. Revenue generated by the fees is used to pay the extra costs of these extra services. We find the following changes in fees are necessary to better keep pace with the extraordinary costs incurred (see Exhibit 'A'?: a Add $100 per parcel for Personal Contact - Auction Fee a Add $5 set-up fee to the Tax Payment Installment Plan a Add $20 per hour to the Mobile Home Document search Add $20 per hour for research on tax records Add $15 per segregation a Add a fee for court fine payments made to Revenue Recovery (see Exhibit 'B") California State law specifies fees for services cannot exceed the costs of providing the services. POLICY ISSUES: STAFFING IN PACT: Prior to levying a new fee, a county is required by California Government Code Section et seq. to hold a scheduled public hearing as part of a regularly scheduled meeting of the local agency. Staff requests a public hearing be set for May 18, 2004 at 6:35 p.m. for this purpose. This action is consistent with the Board's mission of serving the public interest in an efficient, cost-effective manner and promoting efficient government operations. None.

3 SAMPLE SURVEY OF CALIFORNIA COUNTY TREASURERITAX COLLECTOR FEES CHARGED - RESULTS OF 15 COUNTIES INFORMATION OBTAINED FROM THE CALIFORNIA ASSOCIATION OF COUNTY TREASURERITAX COLLECTORS (CACTTC) WEB SITE. Counties responding to survey: Amador Humboldt Lake Modoc Santa Barbara Butte Imperial Los Angeles Nevada Santa Clara Glenn Kern Mendocino San Joaquin Trinity Fee Description -- RANGE - AVERAGE CURRENTFEE RECOMMENDATION LOW HIGH STANISLAUS Auction Fee Per Parcel $50.00 $ $ $ per parcel No Change (State Law) Auction Fee - Personal Contact $0.00 $ $80.77 $0.00 per parcel $100 per parcel (State Law) CORTAC tape1cd Info. Fee $25.00 $2, $ $ per tape1cd No Change Delinquent Second Installment $ $10.00 $10.00 $10.00 per parcel No Change (State Law) Delinquent Unsecured Collection $0.00 $49.00 $12.62 $5 I $35 per parcel No Change Tax Div./Rev. Recovery Duplicate Tax Bill (2nd or copy) NIA N/A NIA $1-00 per bill No Change Duplicate Tax Bill (certified) N/A NIA NIA $2.00 per bill No Change HUDlHCD Loan Per-Payment $0.00 $0.00 $0.00 $0.00 per payment No change (no additional work) Installment Plan Fee $0.00 $ $26.07 $0.00 per parcel No Change Lien Release Fee $10.00 $16.00 $ $1 1.OO per lien No Change (set by Clerk Recorder) Mobile Home Document Fee-2nd+ $0.00 $22.00 $6.00 $0.00 per mobile home $10 per clearance certificate (2nd +) Redemption Fee $ $15.00 $ $15.00 per parcel No Change (State Law) Research Fee - per page (3 co) $1.OO $1-50 $1.30 $0.00 per page No Change Research Fee - per hour (9 co) $ $35.00 $21.I 1 $0.00 per hour $20 per hour Returned Check Fee $0.00 $50.00 $22.86 $20.00 per check No Change Segregation Fee $0.00 $ $24.36 $0.00 per segregation $1 5 per segregation Law Section Add a $1 00 personal contact fee for visited parcels that are subject to 5-year default sale Revenue & Taxation Code Section Add a $10 fee for 2nd+ mobile home tax clearance certificate Revenue & Taxation Code Section 5832 (b) Add a $20 per hour ($20 minimum) fee for information other than tax payment searches Government Code Section 6253 (b) - public records Add a $1 5 per segregation fee for each parcel split into less than 4 new parcels Revenue & Taxation Code Section 2821 RECAPITULATION OF RECOMMENDED FEE CHANGES: Government Code Section allows for the setting of fees by the Board of Supervisors to recover costs

4 1 Click ~ ere to Return to Agenda 1 Striving to be the Best EXHIBIT "B" TREASURER AND TAX COLLECTOR Revenue Recovery Division Tom Watson Treasurer and Tax CoNectar PO Box 859, Modesto, CA Douglas E. Esfes Chief of Revenue Recovery Phone: Fax: DATE: To: FROM: SUBJECT: County Counsel Doug Estes Collections Division Penal Code 1205 (d) Account Receivable Processing Fee We would like to add an account receivable fee to court fines that are not under installment payment agreements, per Penal Code section 1205 (d). Currently, defendants that set up installment payment agreements at Revenue Recovery on fines of more than $150 are charged a $35 installment payment fee,to cover the administrative costs of mailing statements and posting multiple payments. This was adopted by boarder order Defendants that make payment in.111within 30 days or have fine amounts under $150 do not pay the administrative costs. Under Penal Code 1205 (d), the board of supervisors may establish a fee for the processing of accounts receivable that are not to be paid in installments. The fee shall equal the administrative and clerical costs, as determined by the board of supervisors. The fee shalt not exceed $30. Policy When traffic or criminal defendants are referred to Revenue Recovery to pay a frne and are not charged an installment payment fee, an account receivable fee will be added. The fee will be levied as follows: Fines paid in full when the account is processed. Fines paid in full within 3 0 days. Fines paid after 30 days. CC: Eileen Melson Chief Executive Office

5 TITLE 4 Revenue and Finance Chapter 4.44 ORDINANCE NO. C.S. AN ORDINANCE RELATING TO PROPERTY TAX ADMINISTRATIVE COST PEES THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. Amend Chapter 4.44 to add Section to the Stanislaus County Code to read as follows: Tax Collector Fees Treasurer-Tax Collector I Segregation Fee - per segregation $ Revenue & Taxation Code 2821 Auction Fee - personal contact Revenue & Taxation Code Mobile Home Document Fee - 2"d + Revenue & Taxation Code 5832 (b) Research Fee - per hour Government Code Section 6253 (b) public records Section 2. This ordinance shall take effect 30 days from and after the date of its passage and before the expiration of 15 days after its passage it shall be published once, with the members voting for and against the same, in The Modesto Bee, a newspaper in the County of Stanislaus, State of California. Upon motion of Supervisor, seconded by Supervisor I the foregoing ordinance was passed and adopted at a regular meeting of the Board of Supervisors

6 of the County of Stanislaus, State of California, this day of!l 2004, by the following called vote: AYES: NOES: ABSENT: Chair of the Board of Supervisors of the County of Stanislaus, State of California ATTEST: CHRISTINE FERRARO TALLMAN, Clerk of the Board of Supervisors of the County of Stanislaus, State of California BY Assistant Clerk APPROVED AS TO FORM: Victoria A. Halliday Deputy County Counsel

7 TITLE 4 Revenue and Finance Chapter 4.65 ORDINANCE NO. C.S. AN ORDINANCE RELATING TO THE TREASURER-TAX COLLECTOR ADMINISTRATIVE COST FEES THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA, ORDAINS AS FOLLOWS: Section 1. Add Chapter 4.65 to the Stanislaus County Code to read as follows: 4.55 Treasurer-Tax Collector - Account Receivable Fee Revenue Recovery - Account Receivable Fees Court Fines Paid in Full when Account is Processed Court Fines Paid in Full Within 30 Days $ I Court Fines Paid After 30 Days Section 2. This ordinance shall take effect 30 days from and after the date of its passage and before the expiration of 15 days after its passage it shall be published once, with the members voting for and against the same, in The Modesto Bee, a newspaper in the County of Stanislaus, State of California. Upon motion of Supervisor, seconded by Supervisor % the foregoing ordinance was passed and adopted at a regular meeting of the Board of Supervisors of the County of Stanislaus, State of California, this day of, 2004, by the following called vote:

8 AYES: NOES: ABSENT: Chair of the Board of Supervisors of the County of Stanislaus, State of California ATTEST: CHRISTINE FERRARO TALLMAN, Clerk of the Board of Supervisors of the County of Stanislaus, State of California BY Assistant Clerk APPROVED AS TO FORM: MICHAEL H. KRAUSNICK, County Counsel Victoria A. ~allida~ Deputy County Counsel

9 Click Here to Return to Agenda NOTICE OF PUBLIC HEARING REGARDING OFFICE OF TREASURER-TAX COLLECTOR - ESTABLISHING NEW FEES NOTICE IS HEREBY GIVEN that on Tuesday, May 18, 2004, at the hour of 6:35 p.m., or as soon thereafter as the matter may be heard, the Stanislaus County Board of Supervisors will meet in the Basement Chambers, Lower Level, " Street, Modesto, CA, to consider approval of new fees for the Office of Treasurer-Tax Collector. ADDITIONAL NOTICE IS GIVEN that the new fee document will be available for review on Tuesday, May 4, 2004, in the Office of Treasurer-Tax Collector, " Street, Suite 2500, Modesto, CA. NOTICE IS FURTHER GIVEN that at the said time and place, interested persons will be given the opportunity to be heard. Material submitted to the Board for consideration (i.e., photos, petitions, etc.) will be retained by the County. If a challenge to the above application is made in court, persons may be limited to raising only those issues they or someone else raised at the public hearing described in this notice, or, in written correspondence delivered to the Board. For additional information call (209) DATED: BY ORDER OF THE BOARD OF SUPERVISORS ATTEST: CHRISTINE FERRARO TALLMAN, Clerk of the Board of Supervisors of the County of Stanislaus, State of California /s/elizabeth Kinq Assistant Clerk of the Board

10 Click Here to Return to Agenda NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on May 18, 2004 at 6:35 p.m., or as soon thereafter as the matter may be heard, the Stanislaus County Board of Supervisors will meet in the Basement Chambers, Lower Level, th St., Modesto, CA, for: A. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Fees and Increasing Other Existing Fees of the Office of the Assessor (If you have any questions, contact the Assessor's Office at (209) or at th Street, Suite 2400, Modesto, CA) B. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Fees of the Clerk-Recorder's Office (If you have any questions, contact the Clerk-Recorder's Office at (209) or at Street, Modesto, CA) C. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Fees and Amending Existing Fees of the Department of Environmental Resources (If you have any questions, contact Sonya Harrigfeld at (209) or at 3800 Cornucopia Way, Suite C, Modesto, CA) D. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing the Department of Public Works Land Survey 2004 Fee Schedule (If you have any questions, contact Steve Erickson at (209) or at th Street, Suite 3500, Modesto, CA) E. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Fees and Amending Existing Fees of the Department of Parks and Recreation (If you have any questions, contact David Piper at (209) or at 3800 Cornucopia Way, Suite C, Modesto, CA) F. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing the Department of Planning and Community Development 2004 Fee Schedule (If you have any questions, contact Kirk Ford at (209) or at th Street, Suite 3400, Modesto, CA) G. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Fees and Amending Existing Fees of the Department of Probation (If you have any questions, contact Sam Cook at (209) or at Blue Gum Ave, Modesto, CA) H. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Fees for the Office of the Treasurer-Tax Collector (If you have any questions, contact the Treasurer-Tax Collector's Office at (209) or at th Street, Suite 2500, Modesto, CA) I. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Animal Court Fees and Amending Existing Fees for the Department of Animal Services (If you have any questions, contact Michael Rodriguez at (209) or at 2846 Finch Road, Modesto, CA) J. Approval to lntroduce and Waive the First Reading of an Ordinance Establishing New Fees and Increasing Other Existing Fees of the Office of the Auditor-Controller (If you have any questions, contact the Auditor-Controller's Office at (209) or at th Street, Suite 51 00, Modesto, CA)

11 Click Here to Return to Agenda ADDITIONAL NOTICE IS GIVEN that the proposed Fee Schedules will be available for review on May 7, 2004, in the Clerk of the Board Office, th Street, Suite 6500, Modesto, CA. NOTICE IS FURTHER GIVEN that at the said time and place, interested persons will be given the opportunity to be heard. Material submitted to the Board for consideration (i.e. photos, petitions, etc.) will be retained by the County. If a challenge to one or more of the above items is made in court, persons may be limited to raising only those issues they or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Supervisors. BY ORDER OF THE BOARD OF SUPERVISORS DATED: April 27,2004 ATTEST: CHRISTINE FERRARO TALLMAN, Clerk of the Board of Supervisors of the County of Stanislaus, State of California. BY: Is/ Elizabeth A. Kinq Elizabeth A. King, Assistant Clerk

... BOARD ACTION AS FOLLOWS: NO

... BOARD ACTION AS FOLLOWS: NO OF SUPERVISORS OF THE COUNTY OF STANISLAUS ACTION AGENDA SUMMARY BOARD AGENDA # *B-1 4 Urgent Routine AGENDADATE CEO Concurs with~ecommendation YES NO 415 Vote Required YES NO (Info ation Attached) May