Sections:
3.55.010 Findings and Intent
3.55.020 Delegation of Authority and Direction to City Manager
3.55.030 “Costs Reasonably Borne” Defined
3.55.040 Schedule of Fees and Service Charges
3.55.050 Provision of Data
3.55.060 Appeal to City Council
3.55.070 Adopting Fee Schedule for Fire Prevention and Inspection Services; Appointing Fire Marshal
3.55.080 Payment of Prevailing Wages on Certain Public Works Projects
A. Pursuant to Article XIIIB of the California Constitution, it is the intent of the City Council to require the ascertainment and recovery of costs reasonably borne from fees, charges and regulatory license fees levied therefore in providing the regulation, products or services provided by the City.
B. The fees and service charge revenue/cost comparison system set forth in this Chapter provides a mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged.
C. The adoption of this Chapter is exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City departments, as set forth in Public Resources Code Section 20180(b)(8)(1).
[Ord. No. 461, Section 3, 5/9/07.]
A. The City Manager is delegated the authority and directed to provide documents to the City Council to implement its herein enumerated policy to adjust fees and charges to recover the percentage of costs reasonably borne as established by resolution of the City Council, in providing the regulation, product or sen/ice enumerated in this Chapter in the percentage of costs reasonably borne and on the schedule of rate review and revision as hereinafter established in this Chapter.
B. The City Manager is delegated authority to issue executive orders defining terms, setting out administrative fee collection and financial procedures, definitions and establishing effective dates of all fees set by the City Council by resolution. The City Manager shall provide for effective dates for fees set by the City Council which are as early as is practically feasible considering administrative impediments. All executive orders shall be originated and signed by the affected department head, shall be signed by the Finance Director certifying that the financial requirements of this Chapter are complied with, and shall be signed by the City Manager connoting the effective date of the executive order and new or revised rate structure, procedure or definition.
C. “Costs Reasonably Borne” shall be as defined in Section 3.55.030. In adjusting fees and charges, the City Manager shall act in an administrative and ministerial capacity and shall consider only the standards and criteria established by this Chapter and the procedures set hereby and by applicable State law. All executive orders issued hereunder shall comply in all respects with this Chapter and the several schedules of fees and rates as set by the City Council by resolution.
[Ord. No. 461, Section 3, 5/9/07.]
“Costs Reasonably Borne,” as used and ordered to be applied in this Chapter, are to consist of the following elements:
A. All applicable direct costs including, but not limited to salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies and any other direct expense incurred;
B. All applicable indirect costs including, but not restricted to building maintenance and operations, communications expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service and like expenses when distributed on an accounted and documented rational proration system;
C. Fixed asset recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to make up the difference between book value depreciation not previously recovered and reserved in cash and the full cost of replacement also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and cost of replacement over the remaining life of the asset;
D. General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Attorney, City Administration, City Clerk, City Treasurer, economic development, finance department, personnel office and City promotion, and all other staff and support service provided to the entire City organization. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of said percentage so that each of taxes and fees and charges shall proportionately defray such overhead costs;
E. Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses as enumerated in Subsections A., B., C. and F. of this Section;
F. Debt service costs, consisting of repayment of principal, payment of interest and trustee fees and administrative expenses for all applicable bond, certificate, note or securities issued or loans of whatever nature or kind. Any required coverage factors or required or established reserves beyond basic debt service costs also shall be considered a cost if required by covenant within any securities ordinance, resolution, indenture or general law applicable to the City.
[Ord. No. 461, Section 3, 5/9/07.]
The City Manager, Finance Director and each City department head, under the direction of the City Manager, shall review annually the fees and service charges of the City, and provide an adjusted fee or charge schedule to the City Council for its consideration so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service.
[Ord. No. 461, Section 3, 5/9/07.]
Pursuant to the Government Code, at least ten (10) days prior to the required public hearing set out herein, the City Manager shall make available to the public appropriate data indicating the cost or estimated cost required to support the fees and charges for which changes are proposed to be made or fees or charges imposed. The City Manager also shall provide a summary of the present fee and charge schedules and those proposed at such annual public hearing. A general explanation of such changes also shall be published pursuant to the requirements of Government Code Section 6062a.
[Ord. No. 461, Section 3, 5/9/07.]
A. Any person who believes that any fee or charge determined and set is in excess of the percentage of costs reasonably borne to be recovered as set out in this Chapter, or that such fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out herein, may appeal in writing to the City Council.
B. No fee or charge for which an appeal has been filed shall take effect until heard by the City Council. Such appeal shall be placed on the agenda of the next following Council meeting after receipt of such appeal and heard at the next following Council meeting thereafter. Such appealed fee or charge shall take effect immediately upon hearing by the City Council unless ordered otherwise by the City Council by ordinance amending this Chapter.
[Ord. No. 461, Section 3, 5/9/07.]
A. The fee schedule for Fire Prevention and inspection Sen/ices, which shall be collected by the City for primary fire prevention and reporting services provided by the San Bernardino County Fire Department under contract to the City, shall be established by resolution of the City Council. Such services include, but are not limited to, the following:
1. Plan checks on commercial developments in accordance with all adopted codes and ordinances and associated fees;
2. Life Safety inspections, conducted annually on commercial occupancies and for the determination of the frequency of inspections in high hazard occupancies; and
3. Fire prevention activities, fire inspections and plan reviews.
B. In adopting this Section, the City Council has found and determined that the Fire Prevention and Inspection Services fees established herein represent the actual cost to the City of providing the services, administering the Fire Prevention and Inspection Services program and collecting and ensuring the appropriate allocation of the fees collected.
C. The Fire Marshal of the San Bernardino County Fire Department is appointed the Fire Marshal for the City of Adelanto.
[Ord. No. 461, Section 3, 5/9/07.]
A. Contracts for public works projects, as defined in California Labor Code Sections 1720 et seq., that are undertaken or contracted for directly by the City shall require compliance with California Labor Code Sections 1770 through 1782, as may be amended, for construction work over $25,000 and for alteration, demolition, repair or maintenance work over $15,000. Any notice inviting bids for such public works projects shall include notification of the provisions of this section.
[Ord. No. 396; Ord. No. 461, Section 3, 5/9/07; Ord. No. 526, Section 2, 6/11/14.]