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