Loading...
HomeMy WebLinkAboutOrdinance 1714 (Cost Comparison System)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1714 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA ADDING CHAPTER 3.34 TO THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM AND AMENDING RELATED PROVISIONS OF THE CODE CONSISTENT THEREWITH" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 15th day of SEPTEMBER, 1997, a summary of Ordinance No. 1714 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an ordinance of said City at a REGULAR meeting of the City Council of said City held on the 6th day of OCTOBER, 1997, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 9th day of OCTOBER, 1997. ^ .Qfi,,,; (Seal) JEANN LEONCINI, City Clerk ORDINANCE NO. 1714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADDING CHAPTER 3.34 TO THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM AND AMENDING RELATED PROVISIONS OF THE CODE CONSISTENT THEREWITH. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS FOLLOWS: DIVISION 1. Chapter 3.34 of the City of San Rafael Municipal Code is hereby added to read as follows: CHAPTER 3.34 Fee and Service Charge Revenue/Cost Comparison System Sections 3.34.010 Findings and Intent 3.34.020 Delegation of Authority and Direction to Manager 3.34.030 "Costs Reasonably Borne" Defined 3.34.040 Schedule of Fees and Service Charges 3.34.050 Statutory Public Meeting 3.34.060 Provision of Data 3.34.070 Appeal to City Council Section 3.34.010 Findinqs and Intent (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 hereinafter enumerated in the Chapter. k yy .yl, i (b) 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. (c) The adoption of this Chapter is exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City department, as set forth in Public Resources Code Section 21080 (b) (8) (1). Section 3.34.020: Deleqation of Authoritv and Direction to Manaqer (a) The City Manager is hereby 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 hereby, in providing the regulation, product or service 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 hereby 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. All Executive Orders shall be originated and signed by the affected department head, shall be signed by the Director of Administrative Services 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 3.34.030. In adjusting fees and charges, the City Manager shall act in an administrative 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. Section 3.34.030: "Costs Reasonablv Borne" Defined "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, equipment 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 Manager, City Clerk, Administrative Services, Personnel 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, or securities issues or loans of whatever nature or kind. Any required coverage factors and 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. Section 3.34.040: Schedule of Fees and Service Charqes (a) The City Manager, Director of Administrative Services and each City department head, under the direction of the City Manager, shall review no less than annually the fees and service charges listed following, and prepare a proposed "MASTER FEE SCHEDULE" for adoption by the City Council, as originally proposed or as modified in the form of a resolution, so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service. % of cost Reference No. Product or Service Recovery Footnote Development Services T-05.01.00 Construction Plan Check 100% T-05.02.00 Construction Inspection 100% T-05.06.10 Residential Inspection 100% T-10.00.02 Pre -Application Meeting 100% T-10.00.10 Priority Projects Procedure 100% T-10.01.10 Lot Line Adjustment 100% T-10.01.20 Small Subdivision Map 100% T-10.01.30 Tentative Map 100% T-10.01.40 Final Map 100% T-10.01.50 Rev. to Acreage/Map Mend.+ Extension 100% T-10.01.60 Certificate of Compliance 100% T-10.02.30 Annexation 100% T-10.02.40 Development Agreement 100% T-10.03.10 Use Permit (Administrative/Animal) 100% T-10.03.30 Use Permit (ZA) 100% T-10.03.40 Use Permit (PC) 100% T-10.04.10 Minor Variance (ZA) 100% Development Services continued % of cost Reference No. Product or Service Recovery T-10.04.20 Variance (PC) 100% T-10.05.10 Design Review (Fence) 100% T-10.05.20 Design Review (Staff/Admin) 100% T-10.05.30 Design Review (ZA W/O DRB) 100% T-10.05.40 Design Review (ZA W/DRB) 95% T-10.05.50 Design Review (PC) 95% T-10.06.10 Sign Review (STAFF) 100% T-10.06.20 Sign Review (PC) 100% T-10.07.00 Appeal to Planning Commission 100% T-10.07.10 Appeal to City Council 100% T-10.08.20 Negative Declaration 100% T-10.08.30 Environmental Impact Review 100% T-10.13.10 General Plan Amendment 100% T-10.13.20 Rezoning 100% T-10.13.30 Planned District 100% T-10.13.40 General Plan Maintenance 100% T-10.14.22 Certificate of Appropriateness 100% T-10.14.32 Trip Permit 100% T-10.14.42 Exception 100% T-10.14.52 Neighborhood Meeting 100% T-11.01.10 - 40 Encroachment Permit 100% T-11.01.50 Transportation Permit 100% T-11.02.10 Abandonment Processing 100% T-11.02.20 Baypoint Assessment District Processing 100% T-11.02.30 Parcel Mat Plan Check 100% T-11.02.40 Parcel Map Plan Check/Council & Agmt 100% T-11.02.50 Final Map Plan Check & Agreement 100% T-11.03.12 Improvement Plan Checking 100% T-11.04.10 - 50 Improvement Inspections 100% T-11.05.10 - 20 Street Cut Inspection (Utilities) 100% T-11.06.10 Grading Plan Check 100% T-11.07.10 Grading Inspection 100% T-11.08.10 Water Course Permit 100% T-11.08.20 Tide Land Permit 100% T-11.09.10 Flood Zone Information 100% T-11.09.11 -12 Flood Plain/Zoning Letters 100% T-11.09.20 Property Information 100% Maintenance Services T-13.01.00 Street Sweeping 0% T-13.03.00 Sewer Service 100% T-13.04.00 Street Lighting 0% Footnote 1 2 3 3 4 Maintenance Services - continued Reference No. T-13.10.01 T-13.90.25 T-13.90.31 T-13.90.55 Public Safety T-03.01.00 T-03.03.00 T-03.03.20 T-03.04.10 T-03.04.20 T-03.04.30 T-03.05.10 T-03.07.10 T-03.07.12 T-03.08.10 T-03.10.10 T-03.10.20 T-03.11.14 T-03.11.18 T-03.11.22 T-03.12.10 T-03.12.12 T-03.12.15 T-03.12.20 - 22 T-03.12.30 T-03.12.40 T-03.12.50 T-03.14.20-50 T-03.16.10 T-03.17.00 T-06.01.00 - 02 T-06.02.00 T-06.02.15 T-06.03.00 T-06.05.00 T-06.07.00 T-06.08.00 T-01.05.22 Product or Service School District Maintenance Street Drainage Maintenance Downtown Parking Street Trees/Island/Parkway Maintenance % of cost Recovery Footnote Finger Printing Concealed Weapon Application Review Concealed Weapon Renewal Review VIN Verification Service Vehicle "Fix -it" Ticket Sign Off Parking Meter Bags Oversize Load Review - Police vehicle escort Alarm Permit Police False Alarm Response DUI Restitution Towing Operator Investigation Towing Fees Parade Permit Special Event Permit County Fair Support Clearance Letter Criminal History Check Sealing of Records Police Report Copy Photographs Bad Check Investigation Narcotics and Sex Offender Registration Subpoenas Duces Tecum Massage Parlor Permit Fortune Teller Permit Fire Code Inspections Hazardous Materials—Business Hazardous Waste—Residential Fire Report Fire Second Reinspection Fire Protection Service to CSA #19 Emergency Medical Assistance Animal Control (Net) 100% 100% 100% 0% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 50% 5 % of cost Reference No. Product or Service Recovery Footnote Administrative Services T-01.01.00 T-01.02.10 T-01.02.12 T-01.03.10 T-01.03.20 T-01.04.10 - 65 NSF Check Processing Business Application Review Business Tax Processing Agenda Subscription Service Minutes Subscription Service Reproduction Work Leisure & Cultural Services T-08.00.01 Adult Recreation Programs T-08.00.02 Youth T-08.00.03 Senior Recreation Programs T-08.00.06 Recreation Facility Rentals T-08-06.10 Childcare Program T-08.06.11 Childcare—Latchkey T-08.06.12 Childcare—Pickleweed Grant 100% 96% 0% 100% 100% 100% 50% 50% 25% 60% 100% 100% 100% Footnotes 1. Includes 20% cost recovery for second unit application, 100% cost recovery for all others. 2. Includes 30% cost recovery single family application, 100% cost recovery for all others. 3. Cost recovery for non applicant residents is 7%, all others are 100%. 4. See Public Safety T-03.05.10. 5. Currently 75%, increase to 100% over a three year period. 6. Ma)amum allowed by State law. 7. Subject to Statutory Limitation. 8. Cost recovery goal for paid rentals is 100% 9. Subject to Grant limitations iJ 8 9 9 (b) The hereinabove services as listed in this section shall be as defined in that certain document entitled "Cost Control System for the City of San Rafael dated September, 1997, as produced by Management Services Institute, Inc., of Fullerton, California", a copy of which is on file with the City Clerk. (c) The schedule of frequency of rate adjustments 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 requirement. (d) The City Manager may vary the review schedule listed in this Section if, in the judgment of the City Manager and a directly affected and requesting department head, a gross inequity would be perpetrated by not revising the "MASTER FEE SCHEDULE". Section 3.34.050: Statutory Public Meetinq Pursuant to California Government Code Section 66016 and 66018, the City Clerk shall cause notice to be provided as set out in Government Code Section 6062a, and the City Council periodically, at least annually, shall receive at a regularly scheduled meeting oral and written presentations concerning fees and charges proposed to be increased or added. Such notice, oral and written presentation, and public meeting shall be provided prior to the City Council taking any action on any new or increased fees or charges with respect to the "MASTER FEE SCHEDULE". Commencing in 1998, at least one such public hearing shall be held annually, in conjunction with the City annual budget process and hearing per the requirements of Government Code Section 66018. Section 3.34.060: Provision of Data Pursuant to the California 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. Section 3.34.070: Appeal to Citv Council (a) Any person who feels that any fee or charge determined and set in the "MASTER FEE SCHEDULE" is in excess of the percentage of costs reasonably borne to be recovered as set out in this Chapter, or that in adopting such "MASTER FEE SCHEDULE" the provisions of this Chapter have not been complied with, may appeal in writing to the City Clerk. Appeals under this section must be filed within 90 days of the adoption of the "Master Fee Schedule". (b) No fee or charge for which an appeal has been filed shall take effect until heard by the City Council or its designee. Such appeal shall be heard within 45 days of the filing of the appeal. Such appealed fee or charge shall take effect, as originally imposed or as modified, immediately upon the decision following the hearing by the City Council or its designee. Division 2. Severabilitv If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. Division 3. Repealer All Ordinances, Resolutions, City Council Actions, and all actions of all City Boards and Commissions in conflict herewithin are hereby repealed. The fees and charges established by this Chapter shall supersede all previously established fees or charges for the same regulation, product or service, and all such previous fees and charges are hereby repealed on the effective date of the Resolution adopting the "MASTER FEE SCHEDULE". Division 4. Effective Date A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it is adopted. This Ordinance shall be in full force and effect thirty (30) days its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. A4 lbert J Boro, Mayor Attest: JeaMe.M. Leoncini, City Clerk The foregoing Ordinance Number 1714 was read and introduced at a regular meeting of the City Council of the City of San Rafael on the 15th day of September, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen,, i-reller, Miller, Phillips & Mayor Horo NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 6th day of October, 1997. �_ �Jeanne M. Leoncini, City Clerk