Chapter 2.28
CITY SERVICE FEES AND CHARGES

Sections:

2.28.010   Findings and intent.

2.28.020   Delegation of authority and direction to city manager.

2.28.030   Costs reasonably borne defined.

2.28.040   Schedule of fees and service charges, and providing for their adoption by resolution upon recommendation of the city manager.

2.28.050   Actual cost, deposits, collection of additional money and refunds.

2.28.060   Refund policy.

2.28.070   Violations—Penalties.

2.28.010 Findings and intent.

The city council finds as follows:

A.   The fee 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.

B.   The adoption of the ordinance codified in this chapter is exempt from the California Environmental Quality Act (Public Resources Code Section 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 21080(b)(8)(1).

C.   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 and charges levied therefor in providing the regulation, products or services hereinafter enumerated in this chapter. (Ord. 100 § 1, 1992)

2.28.020 Delegation of authority and direction to city manager.

The city manager is delegated the authority and directed to review and make recommendation to the city council for the adjustment of fees and charges to recover the percentage of costs reasonably borne in providing the regulation, products or services enumerated in this chapter in the percentage of costs reasonably borne and on the schedule of fee and service charge rate review and revision as hereinafter established in this chapter.

“Costs reasonably borne” shall be as defined in Section 2.28.030. In making his recommendations for the adjustment of fees and charges, the city manager shall consider only the standards and criteria established by this chapter. (Ord. 100 § 2, 1992)

2.28.030 Costs reasonably borne defined.

“Costs reasonably borne”, as used and ordered to be applied by 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, contract-

ed services, special supplies, and any other direct expense incurred.

B.   All applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, and like expenses when distributed on an accounted and documented rational proration system.

C.   Fixed assets 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, which also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and the 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 manager, city clerk, elections, finance department, city attorney, un-allocated non-departmental expenses, and all other staff and support service provided to the entire city organization as now organized and as it may be reorganized at any time in the future.

Overhead shall be prorated between tax-finance services and fee-financed services on the basis of said percentage so that each of taxes, 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 and C 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 or securities issues or loans. Any required coverage factors of added 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. 100 § 3, 1992)

2.28.040 Schedule of fees and service charges, and providing for their adoption by resolution upon recommendation of the city manager.

The city manager and each city department head, under the direction of the city manager, shall review the fees and service charges listed as follows, on the schedule of frequency listed in this section, and make written recommendations to the city council regarding the setting and adjustment of the fee or charge schedule so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, products or services, and to take all actions necessary to accomplish and to carry out the policy of the city council established by this chapter. The fees or charges set pursuant to this chapter shall be set by resolution of the city council.

Regulation, Product or Service	Percentage of Costs Reasonably Borne to Be Recovered	Review Schedule
Building Plan Checking	100%	Annual
Construction Inspection	100%	Annual
Hazardous Building/Nuisance Abatement	100%	Annual
Enforcement of Zoning Codes	100%	Annual
General Plan Review	100%	Annual
Zone Change Review	100%	Annual
Zoning Code Amendment Review	100%	Annual
Conditional Use Review	100%	Annual
Minor Deviation Review	100%	Annual
Major Deviation Review	100%	Annual
Home Occupation Review	100%	Annual
Field Inspection Review	100%	Annual
Specific Plan Review	100%	Annual
Architectural Design Review	100%	Annual
CC&R Review	100%	Annual
Preliminary Project Review	100%	Annual
Environmental Assessment Review	100%	Annual
Environmental Impact Report Review	100%	Annual
Focused EIR Review	100%	Annual
EIR Amendment Review	100%	Annual
Single Unit Housing Plan Review	100%	Annual
Tentative Tract Map Review	100%	Annual
Tentative Parcel Map Review	100%	Annual
Development Agreement Review	100%	Annual
Overlay Design Review	100%	Annual
Lot Line Adjustment Review	100%	Annual
Sign Plan Review	100%	Annual
Special Event Review	100%	Annual
Temporary Sign Review	100%	Annual
Certificate of Compliance Review	100%	Annual
Parcel Merger review	100%	Annual
Appeal on Staff Planning Decision
Owner-occupied single-family
dwelling units or no financial
benefit	025%	Annual
All Others	100%	Annual
Minor Tract/Parcel Map revision	100%	Annual
Sign Permit (Code Biannual Review)	100%	Annual
ABC Affidavit Review	100%	Annual
Plot Plan Review	100%	Annual
Property Information Preparation	100%	Annual
Grading Plan Check	100%	Annual
Grading Inspection	100%	Annual
Final Tract Map Processing	100%	Annual
Final Parcel Map Processing	100%	Annual
Street Improvement Plan Check	100%	Annual
Excavation Inspection	100%	Annual
Public Works Construction Plan Check	100%	Annual
Public Works Construction Inspection	100%	Annual
Street Vacation Review	100%	Annual
Annexation Landscape Maintenance District Proceedings	100%	Annual
Annexation Territorial Proceedings	100%	Annual
Security Processing Per Tract	100%	Annual
Professional Report Preparation	100%	Annual
Business Licensing Processing	100%	Annual
New Business License Application and Review	100%	Annual
Business Regulation	100%	Annual
Bingo Permit Review	100%	Annual
Yard and Garage Sale Review	100%	Annual
False Alarm Response	100%	Annual
Public Property Auto Abatement	100%	Annual
Special Traffic Marking	100%	Annual
Emergency Services to Contractors	100%	Annual
Spilled Load Clean Up Charges	100%	Annual
Records Research	100%	Annual
Document Printing and Copying	100%	Annual
Copy Service	100%	Annual
Agenda and Minute Mailing	100%	Annual
Document Certification	100%	Annual
Tape Copying	100%	Annual
Appeal of Planning Commission
Owner-occupied single-family dwelling units or no
financial benefit	025%	Annual
All Others	100%	Annual
Requested Study Session Preparation	100%	Annual
Receiving/Processing Faxed Material	100%	Annual
Public Notary Services	025%	Annual
Recordation of Documents	100%	Annual

 

All fees and charges set pursuant to this section shall take effect as provided by law, and as more specifically provided by resolution of the city council.

The schedule of frequency of rate adjustments and review may be varied by the city manager to adjust revenues sufficient to meet debt service coverage requirements of any bond, certificate or ordinance, resolution, indenture, contract or action under which securities have been issued by the city which contain any coverage factor requirements.

The schedule of frequency of rate adjustments may be varied by the city manager if, in his judgment and that of the requesting department, a gross inequity would be perpetrated by the existing rate schedule on a new and unanticipated event. (Ord. 100 § 4, 1992)

2.28.050 Actual cost, deposits, collection of additional money and refunds.

A.   Actual cost for a project is determined by the affected department heads, based upon the criteria set forth in Section 2.28.030.

B.   Initial deposits are determined by the amount of time historically spent on similar projects. Whenever seventy-five percent (75%) of a deposit has been expended and the department determines that the estimated actual cost of the job will exceed the amount deposited, additional deposit of such estimated excess amount shall be required. Notification of additional deposit required will be mailed to the applicant, who shall deposit such additional moneys prior to the date specified in the notice. When additional deposit has been requested, work will be suspended on the project when ninety-five percent (95%) of the deposit previously received has been expended. Projects will not be completed with money due. If the additional deposit is not made by the date specified in the notice the project shall be deemed denied on the date specified without further action on the part of the city.

C.   If the department head determines that the estimated actual cost of a job will be less than the initial deposit, a deposit may be required which equals the estimated action cost of the job in lieu of the initial deposit. (Ord. 100 § 5, 1992)