Title
Approve and Adopt a Resolution amending Article VIII, of the Monterey County Master Fee Resolution, to set and authorize to collect Fees and Fines for the Monterey Free Libraries effective January 1, 2015 as set forth in Exhibit A.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors approve and adopt a Resolution amending Article VIII of the Monterey County Master Fee Resolution, to set and authorize to collect Fees and Fines for the Monterey Free Libraries effective January1, 2015, as set forth in Exhibit A.
SUMMARY:
The Monterey County Code Section 1.40.010 provides that all fees, penalties, refunds, reimbursements, and charges of any kind by the County shall be specified in the Monterey County Master Fee Resolution. Article VIII of the Master Fee Resolution reflects the authorized fees of Monterey County Free Libraries. At this time, Monterey County Free Libraries is submitting the requested adjustments to Article VIII to reflect increases in costs associated with providing the indicated services to the responsible patrons/payors. All requests to modify fees in Article VIII are calculated to recover no more than the actual reasonable costs to render the identified services to the patrons of these services.
DISCUSSION:
The Monterey County Free Library System fees and fines schedule was last subject to review and revision in December 2010. The current fees and fines set forth in Article VIII of the County Master Fee Resolution have fallen behind the actual cost of providing the indicated services. All fees and charges were examined throughout the Article and the entire Article is being submitted for adjustment based on adjustments of the costs of providing the service or administratively processing the indicated library services to the recipients of those services/benefits.
The fees requested for these services reflect no more than the reasonably calculated costs to the County, and reflect no more than the actual burden costs associated with providing these services or benefits received by the payor of those services. Since the last update to the subject Article, operational costs have risen while the fees and fines have remained the same. In addition, alternative and outside sources of income, including local property tax income and state and federal funding/grants, which might otherwise be available to augment the costs of performing these services short of burdening society generally, have remained the same to date, with no substantial and/or certain positive infusion of funding anticipated on the horizon.
The studies and documents in support of all fee adjustments recommended herein are attachments to this report and are also on file with the Clerk of the Board. Monterey County Free Libraries recently completed a comparative study of fines and fees with other libraries within the County and with other similarly situated libraries outside the County. Even with these requested adjustments, though, the full cost recovery of the services will not be met and, in anticipation of increased costs in the near future, Monterey County Free Libraries will continue to seek other sources of revenue to support the current and anticipated increase in personnel costs, and to keep up with rising costs of products and services related to library operations.
In summary the outlined adjustments reflect no more than the actual, reasonable, fully loaded costs of services provided to the patron/payor. By definition, these service charges are not a "tax" and are exempt from voter approval pursuant to Article XIII C section 1(e)(1)-(5) of the California Constitution (Prop.26: charge imposed for specific benefit conferred/privilege/service or product/reasonable regulatory costs provided or granted to the payor; charges for use/purchase/rental of government property; fines/penalties/charges for violation of law).
OTHER AGENCY INVOLVEMENT:
The County Counsel's Office has reviewed the report and concurred with the recommendation. No other Agency is involved with this recommendation.
FINANCING:
There is no net increase from the General Fund to the Library Fund Contribution as a result of this recommendation. The adjustments reflect no more than the actual cost of providing the services as permitted by law.
Prepared by: Approved by:
_________________________ ______________________________
Jacqueline C. Bleisch Jayanti Addleman
Administrative Services Assistant County Library Director
Date: _________________ , 2014
Attachments:
Exhibit A : MCFL Article VIII Track changes
Monterey County Free Libraries Fines and Fees Schedule
Monterey County Free Libraries Fines and Fees Schedule Track Changes
Comparative Study Fines and Fees with Other Libraries
Proposed Resolution