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HomeMy WebLinkAboutItem 7.2 Development Overhead Rates STAFF REPORT CITY CLERK File #390-10 CITY COUNCIL DATE:October 2, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Analysis of Financial Impact of A Reduction In Development Overhead Rates Prior To December 1, 2012 Prepared by Paul S. Rankin, Administrative Services Director EXECUTIVE SUMMARY: On September 18, 2012 the City Council conducted a public hearing and adopted a Master Fee Schedule based on a comprehensive fee study completed by Capital Accounting Partners. The new fee schedule includes both fee increases and fee decreases that are scheduled to become effective December 1, 2012. The City Council directed Staff to return with an analysis of the financial implications if the reduction in overhead rates were applied in advance of the current December 1, 2012 effective date. FINANCIAL IMPACT: The financial impact will be based on the activity levels incurred during the two months. The City estimates that approximately $115,000 in Staff costs cannot be recovered due to a requirement in State Law requiring a waiting period for fee increases. One Developer and a representative of the Building Industry Association requested an earlier implementation of decreases in overhead rates, which are estimated to save development applicants $214,000 if implemented October 1, 2012. RECOMMENDATION: Staff recommends that the City Council receive the information and make a determination if the overhead rate reduction should be implemented prior to the December 1, 2012 effective date. If the City Council desires to modify the effective date Staff recommends that they select either October 1, 2012 or November 1, 2012 as the new effective date. If an early implementation of decreased overhead rates is desired it would be appropriate for the City Council to adopt the resolution selecting the new effective date. Submitted By Reviewed By Administrative Services Director Parks & Community Services Director ITEM NO. 7.2 Page 1 of 4 DESCRIPTION: The purpose of this report is to provide the City Council with additional analysis of the financial impact of implementing decreases in overhead rates that are currently scheduled to occur December 1, 2012. The original effective date was presented to have conformity of all fee changes occurring at the same time. Background The adopted fees and overhead rates were developed using study data from a comprehensive cost allocation plan and detailed calculations to determine the full cost of services. The Study proposed restructuring and reducing overhead rates. Overhead or indirect costs are allocated to internal Staff time as well as consultant costs. The data was gathered at a lower level than the previous study, and estimated costs associated with Consultants working primarily outside the City facilities were segregated from those that receive additional support from City facilities. The result of the proposed methodology is that cumulatively the overhead added to all contract services is less, while the Staff hourly rates have increased. The new structure also allows for the application of different overhead rates depending on whether or not the Consultant is working from City facilities. For those Consultants working from City facilities an allocation has been made for overhead related to support functions associated with that service. The following tables show the changes in the Overhead and Composite Staff Rates. PERCENTAGE CITY OVERHEAD RATES APPLIED TO COST OF SERVICES PROVIDED BY CONTRACT SERVICE PROVIDERS (Non City Staff) FULL COST Adopted Rate CATEGORY CURRENT (Based on Fee Study) Effective 12/1/12 PLANNING 84.63% Off Site – Consultants (New) 44% 44% 84.63% On Site – Consultants 54% 54% 44% BUILDING 49.51% 46% ENGINEERING 59.64% Off Site – Consultants (New) 37% 37% 59.64% On Site - Consultants 41% 41% 25%* CITY ATTORNEY 84.63% or 59.64% 44% 44%** CITY-WIDE GENERAL (New) N/A 44% * Note: The City Attorney overhead starts at a subsidized lower rate of 25% and will phase in an annual escalation over a four year period to bring it up to the full city-wide rate of 44%. COMPOSITE CITY STAFF HOURLY RATES (INCLUDING OVERHEAD COSTS) FOR DEVELOPMENT USER FEES BILLED BASED ON TIME EXPENDED CLASSIFICATION CURRENT FULL COST PROPOSED (Based on Fee Study) PLANNING $128 $213 $213 BUILDING $123 $164 $164 ENGINEERING $129 $215 $213 New- ENGINEERING INSPECTION $129 $151 $151 Page 2 of 4 Estimated Impact If Overhead Rate Changes Prior To December 1, 2012 As presented at the City Council meeting on September 18, 2012, while decreases in fees do not require a waiting period, increases or new fees related to Development cannot be effective prior to 60 days following their adoption. Therefore, although the current decreases in overhead rates can be accommodated, the increased Staff composite rates cannot be implemented prior to the required waiting period. One of the reasons for the increase in the Staff Rate charged to developers is the new methodology and the reduction in overhead recovered from contract consultant activities. Staff estimated the Staff and Consultant billings for the period October 1, 2012 to November 30, 2012 based on the Development applications currently being processed. The calculations are estimates based on expected activities over the two month period. The analysis examined the costs using the Master Fee Schedule as adopted. A total of 1,822 hours of City Planning, Engineering and Inspection Staff time expected to be applied to projects billed on a time and materials basis. The difference between the current and the proposed City Staff Rates is $115,000. Since the City cannot implement these rates for at least 60 days from September 18, 2012 the developers receiving these services will receive a windfall / subsidy of the services provided by the City. An early implementation of the lower overhead rates would also reduce the estimated amount to be paid by development projects by approximately $214,000. This would reduce the costs to applicants on over 25 different projects. The implementation of only the overhead rate decrease places an increased burden on the City General Fund since the full Staff rate must be implemented after the 60 day waiting period. Factors Considered in Selecting the Current Effective Date The adopted effective date of December 1, 2012 accomplishes the following: 1) Provides adequate time for the required set-up in the City computer system, insuring the set- up is efficient and all changes are addressed at the same time. Segregating selected fees will require duplicated Staff time to implement fees on different dates. 2) Allows new Staff to become familiar with the tasks required to make changes and builds an understanding of the design of the newer fees and charges and how they are reflected in the billing system. 3) The selected date meets the requirements in California Government Code Section 66017, which requires certain fee changes to be effective 60 days after the action is taken. This law addresses new and increased development related fees. (Therefore the City Council is not precluded from considering the decrease in overhead rates at an earlier date). 4) The Composite Staff Rates are scheduled to increase and are subject to the 60 day waiting period, while the Indirect Consultant overhead rate is decreasing. Implementing the two elements at the same time balances the total estimated costs (both direct and indirect). Page 3 of 4 5) It avoids providing a windfall / subsidy of service costs given that the City must wait 60 days to increase the composite Staff rates and supports the goal of development supporting costs incurred. For these reasons Staff believes that the current implementation timing of December 1, 2012 is consistent with efforts to have the fees managed as a single program. However, if the City Council desires to have the overhead fee rates changed at an earlier date, it is recommended that this be done by Resolution. Staff would also request that the City Council select a date of either October 1, 2012 or November 1, 2012. The Consultant billings which are subject to the overhead allocation are typically submitted for a monthly period. The change in the overhead rate would be effective for the services provided on and after the selected date. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Copies of the Staff Report were provided to: Mr. Joe Guerra, Dublin Crossing Venture LLC (Argent Management) Ms. Crisand Giles, Building Industry Association (BIA) ATTACHMENTS: 1. Draft Resolution making a change in effective date for the reduction of overhead rates applied to development services rendered on a time and materials basis Page 4 of 4 RESOLUTION NO. ___ - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * CHANGE IN THE EFFECTIVE DATE FOR THE REDUCTION OF OVERHEAD RATES APPLIED TO DEVELOPMENT SERVICES RENDERED ON A TIME AND MATERIAL BASIS WHEREAS, the City Council conducted a public hearing regarding the adoption of user fees on September 18, 2012; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the City Council adopted a resolution adopting a master fee schedule for services provided by the City; and WHEREAS, the master fee schedule includes both fee increases and fee decreases which are scheduled to take place effective December 1, 2012; and WHEREAS, at the September 18, 2012, City Council meeting the City Council also directed Staff to return with an analysis of the financial implications if the reduction in overhead rates was applied in advance of the current December 1, 2012 effective date; and WHEREAS , Staff provided the City Council with additional analysis of the financial impact of implementing decreases in overhead rates two months sooner than December 1, 2012; and WHEREAS , Staff estimates it would reduce the amount paid by development projects for indirect costs (overhead) by approximately $214,000; and WHEREAS, Staff estimates it would also provide a windfall to development projects receiving the City’s direct services (Staff time) of approximately $115,000. The California Government Code Section 66017 requires a 60 days waiting period to implement the increase in Staff billing rates for development services; and WHEREAS, the City Council reviewed the Staff Report and it is the desire of the City Council that the overhead rate reduction should be implemented with an effective date of ___________________, 2012 NOW, THEREFORE, BE IT RESOLVED that the new fees and any increases in fees shall be effective beginning December 1, 2012 BE IT FURTHER RESOLVED that the overhead rates for development services shall be effective beginning __________, 2012 ATTACHMENT 1 BE IT FURTHER RESOLVED that the new master fee schedule and any new fees developed shall be automatically adjusted annually using the adjustment methodology in the adopted City Council Policy on Fee Recovery. PASSED, APPROVED AND ADOPTED this 2nd day of October, 2012, by the following vote: AYES : NOES : ABSENT : ABSTAIN : ______________________________ Mayor ATTEST : _________________________________ City Clerk ATTACHMENT 1