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HomeMy WebLinkAboutORD NO 3052ORDINANCE NO. 3052 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 3.70 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO ESTAB- LISHMENT OF A FEE AND SERVICE CHARGE REVENUE/ COST COMPARISON SYSTEM. BE IT ORDAINED by the Council of the City of Bakersfield as tollows: SECTION 1. Chapter 3.70 is hereby added to the Bakersfield Municipal Code to read as follows: Chapter 3.70 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM Sections: 3.70.010 3.70.020 3.70.030 3.70.040 3.70.050 3.70.060 3.70.070 Intent. Delegation of authority and direction to City Manager. Costs reasonably borne defined. Schedule of fees and service charges. Public meeting. Provision of data. Appeal to city council. 3.70.010 Intent. Pursuant to Article XIIIB of the California Constitution, it is the intent ot the City Council to require the ascertainment and recovery o~ costs reasonably borne from fees and charges levied therefor in providing the regulation, pro- ducts, or services hereinafter enumerated in this Chapter. 3.70.020 Delegation of authority and direction to City Manager. The City Manager and is directed to adjust is hereby delegated the authority to fees and charges to recover the per- centage of costs reasonably borne in providing the regulation, products, or services enumerated in this Chapter, in the percent- age of costs reasonably borne and in accordance with the schedule oK periodic rate review and revision specified in Section 3.70.040. "Costs reasonably borne" shall be as defined in Section 3.70.030. In adjusting fees and charges, the City Manager shall act in a ministerial capacity and shall consider only and shall apply the standards and criteria established by this Chapter. Section 3.70.030 Costs reasonably born defined. "Costs reasonably borne," as used and ordered to be applied in this Chapter, shall consist of the following elements: A. All applicable direct costs including, but not lim- ited to, salaries, wages, fringe benefits, services and supplies, operation expenses, contracted services, special supplies, and all other direct expenses incurred. B. All applicable indirect costs including, but not limited to, building maintenance and operations, equipment maintenance, communication, printing, reproduction, and like expenses distributed on a rational, proportionate basis. C. Fixed assets recovery expenses, consisting of depre- ciation of fixed assets, and additional fixed asset expense reco- very charges based upon the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to recover depreciation not previously recovered and reserved in cash shall also be calculated and con- sidered a cost so as to recover such unrecovered depreciation over the remaining life of the asset. D. General overhead, expressed as a percentage, dis- tributing and charging the expenses of the City Council, City Manager, Finance, City Clerk, City Treasurer, City Attorney's Office, Personnel, and all other staff and support services pro- vided to the entire City organization. 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. Section 3.70.040 Schedule of fees and service charges. The City Manager, Finance Director and each City depart- ment head, under the direction of the City Manager, shall review the fees and service charges set forth below in accordance with the schedule of periodic review specified in this Section, and the City Manager shall set and adjust each fee or charge so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, products, or services. Regulation, Ppoducts op Service S-1 S-2 S-3 S-5 S-6 S-7 S-8 S-9 8-10 S-11 S-12 S-13 S-14 S-15 S-16 S-17 S-18 S-19 S-20 S-21 S-P2 S-83 S-2~ S-25 S-26 S-27 S-88 ~rcentaue of costs neasonably borne to be ~oveced by fiscal yeap Review 1986-87 1987-88 1988-89 1989- Schedule COMMUNITY DEVELOPMENT SERVICES BUILDING PLAN CHECKING i88.8% 180.0% 188.0% 188.8% Annually CONSTRUCTION INSPECTION 188.8% 188.8% 188.8% 100.8% Annually P{_ONBING INSPECTION t80.8% 108.0% 188.8% 100.8% Annually ELECTRICAL INSPECTION 188.0% 100.8% 188.0% 100.8% Annually A/C, HEATING & MECH. INSPECTION i88.8% 180.0% 100.0% 100.0% Annually REQUESTED BUILDING INSI~CTION i80.0% 188.0% 188.0% 188.8% Annually SIGN REVIEW 188.0% 188.0% 100.0% 188.0% Annually CONGITIDNAL SIGN PERMIT 188.0% 188.8% 188.0% 188.0% Annually REVIEW OF REQUESTED A~EXATION 20.8% 20.0% 88.0% 20.8% Annually ENVIROb~IENTAL REVIEW 100.0% 108.0% 188.0% 188.0% Annually PRELIMINARY PROJECT REVIEW 188.8% 180.0% 188.8% 100.0% Annually ZONE MODIFICATION REVIEW 100.0% 188.0% 180.0% 188.0% Annually CONDITIONAL USE REVIEW i00.0% 188.8~ 108.0% 100.0% Annually ZONE CHANGE REVIEW 188.8% 188.8% 188.0% 180.0% Annually Pun DR PCD ZONE CHANGE 108.8% 108.8% 108.0% 188.8% Annually SITE PLAN REVIEW 4%4% 74.7~ 188.0% 180.0% Annually HOME OCCUPATION REVIEW 180.0% 100.8% 188.8% 108.0% Annually SPECIFIC PLAN REVIEW 100.0% 180.0% 188.8% 188.0% Annually GENERAL PLAN AMENDMENT REVIEW 188.0% 188.0~ 188.8% 180.8% Annually DOWNTOWN PROJECT OESIGN REVIEW 180.8% 180.8% 108.0% 188.0% Annually LAND DIVISION REVIEW 188.0% 188.0% 100.8% 100.0% Annually 1ENTATIVE SUBDIVISION ~P REVIEW 180.0% 188.0% 188.0% 100.8% Annually M~ & IMPROVEMENT PLAN CHECKING 69.8% 188.8% 180.8% 108.0% Annually PUBLIC IMPRVMT.PLAN C~CK & INSPECTION 47.2% 73.6% 188.8% 188.0% Annually APPEAL PR0CESSING 188.8% 180.0% 188.8% 188.0% Annually STREET ENCROACHMENT INSeCTION 188.8% 100.8% 108.0% 108.0% Annually STREET CUT INSPECTION 62.6% 180.0% 188.8% 100.8% Annually DEVELOPMENT TIME EXTENSION REVIEW 188.0% 100.8% 180.8% 100.0% Annually ** S-29 ** S-30 S-31 S-38 S-33 S-34 S-35 S-36 S-37 S-38 S-39 S-40 S-41 * S-48 S-43 S-44 ** S-45 PUBLIC SAFETY SERVICES VEHICLE CODE ENFORCEMENT 50.8% 50.0~ 58.8% 58.0% Annually H~LTH AND SAFETY CODE ENFOR~MENT 58.8% ~.8% 50.8% 50.8% Annually PARKING ORDINANCE ENFORCEMENT 180.8% 180.8% 100.0% 108.8% Annually POLICE FALSE ALARM RESPONSE 40.8% 60.0% 88.0% 90.0% Annually WIDE/OVERLOAD REVIEW i00.0% 188.0~ 180.0% 100.0% Annually BUSINESS REGULATION 188.8% 100.0~ 188.8% 100.8% Annually ANI~L REGULATION 38.8% 38.8% 35.8% 48.8% Annually POLICE RECORDING DUPi. IC~TION SERVICE 188,0% 188.8% 188.8% 188.0% Annually LIM(3USI~/TAXI/TOWIN8 REGULATION 188.8% 188.8S 188.8% 188.8% Annually PARADE SERVICES 50.8% 50.8% ~.8% 50.8% Annually SPECIAL EVENT SECURITY 75.8% 75.8% 75.8% 75.8% Annually AUTOMOTIVE ACCIDENT INVESTIGATIOW 188.0% 188.8% 180.8% 188.8% Annually FINGERPRINT SERVICE 180.0% 108.0S i00.0% 108.0~ Annually VEHICLE EQUIPMENT INGPECT10N SCHOOL CROSSING GUARD SERVICE 50,8% 50.0% 58.0% 58.0% Annually POLICE PH(3TDGRAP~q SALE 108. 0% 188.8% 188.8% 188.8% Annually CONCEALED WEAPON PERMIT PR(3CESSING 188.8% 100.0% 188.8~ 188.0% Annually Section 3.70.050 Public meeting. Pursuant to the requirements of California Government Code Section 54992, the City Clerk has caused notice to be pro- vided as set out in said Government Code Section 54992, and the City Council has received at a public meeting oral and written presentations concerning the fees and charges proposed for those categories of fees and charges addressed in Government Code Sections 54990 and 54991. Such notice and opportunity for oral and written presentation at a public meeting shall be provided by the City Council prior to the City Manager approving or setting any new or increased tees or charges for those categories set out in both said Government Code Sections and Section 3.70.040 hereof. Section 3.70.060 Provision of data. Pursuant to Section 54992 of the California Government Code, the City Manager shall, at least ten (10) days prior to the public meeting required in said Government Code Section, make available to the public data indicating the cost, or estimated cost, required to provide the services set out in Government Code Sections 54990 and 54991. Section 3.70.070 Appeal to City Council. Any person who feels that any fee or charge determined and set by the City Manager is in excess of the percentage of costs reasonably borne to be recovered as provided in Section 3.70.040, or that such fee or charge has not been reviewed prior to or has not been reviewed within the scheduled period for review as specified in Section 3.70.040, may appeal to the City Council by ~iling an appeal in writing with the City Clerk within ten (10) days of the posting of the executive order. SECTION 2. SEVERABILITY If any portion of this Chapter is found to be unconsti- tutional or invalid, the City Council hereby declares that it 6 NS1 # Regulation, Products or Service S-46 S-47 S-48 S-49 S-50 S-51 S-52 S-53 STATE-~NDATED FIRE INSPECTION FIRE HAZARD INSPECTION FIRE COMPANY INSPECTION FIRE REPORT SALE WEED ABATEMENT INSPECTION FIRE SAFETY REVIEW/iNSPECTION OIL WELL INSPECTION FIRE FALSE ALARM RESP~SE LEISURE AND CULTURAL SERVICES S-54 PARK PICNIC FACILITY RENTAL S-55 CITY ADULT VDLLEYB~L PROGRAM S-56 CITY ADULT SOFTBALL PROGRAM S-57 CITY ADULT BA~ETBALL PBOGSAM S-58 BALLFIELD LIGHTING SERVICE S-59 OTHER BALLFIELD ~SE S-60 CITY YOUTH SASRETSALL PROGRAM S-61 PRE-SCHDOL & TINY TOT PROGRAMS S-6~ AFTERSCHOOL AND PLAYGROUND RECREAlloN S-63 RECREATIONAL SWIMMING S-64 SWIMMING LESSAMS S-65 SWIM POOL RENTAL S-66 LEISURE CLASSES S-67 SUMMER BAND CUNCERT8 9-68 ART GALLERY RENTAL S-69 BAKERSFIELD SYMPHONY SUPPORT S-70 AUDITORIUM MAINTENANCE & OPERATION UTILITY AND ENTERPRISE SERVICES G-71 DOMESTIC WAIER SERVICE S-72 AGRICULTURAL WATER SERVICE * S-73 SANITARY SEWER SERVICE S-74 INDUSTRIAL WASTE DISCHARGE MONITORING S-75 WASTEWATER SERVICE-OTHER AGENCIES S-76 SEWER CONNECTION S-77 SEWER STOPPAGE INVESTIGATION S-78 RESIDENTIAL REFUSE SERVICE S-79 CDMMEREIAL REFUSE SERVICE * S-80 APARTMENT REFUSE SERVICE S-81 AIRPARK MAINTENANCE AND OPERATION MAINTENANCE SERVICES S-82 UTILITY STREET USE S-83 DRAINAGE MAINTENANCE S-8~ STREET LIGHT MAINT. AND OPERATION S-55 ASSESSED MEDIAN MAINTENANCE AND DPN. S-GG TAXED MEDIAN MAINTENANCE AND OPN. PercentaRe of costs reasonably borne to be recovered by fiscal year Review i965-87 1987-88 1988-89 i989- Schedule 100.0% 100.0% 1~.~ 100.0% Annuaiiy 100.0% 100.0% 100.0% ~00.0% Annually 50.~ 50.0% 50.0% 50.0% Annually I00.0% 100.0% 100.8% [00.0% Annually 1~.0% 100.0% 100.0% 100.0% Annuaily i~.0% 1~. 0% 100.0% 100.0% ~nnuaily 100.0% 1~0.0% 100.0% i00.0% Annually 5.0% 5.0% 5.0% 5.0% Annually S0.~% 50.0% 50.0% 50.~ Annually 45.0% 55.0% 65.0% 75.0% Annually 56.0% SE.~ 68.0% 75.0% Annually 49.0% 58.0% 67.0% 75.0% Annually 61.0% 75.0% 75.0% 75.0% Annually 30,0% 40.0% 50.0% 50,0% Annually 39.0% 45.0% 50.0% 5~.0% Annually 5~.0% 50.0% 50.0% 50.0% Annually 0.8% 0.0% 0.0% 0,0% Annually 7.8% 14,0% 20.0% 25.0% Annually 79.9% 100.0% 1~0.0% 1~.0% Annually 63.4% 100,0% 1~.0% 100.0% Annually 50.0% 75.0% 75.0% 75.0% Annually 28.0% 28.0% 28,0% 28.0% Annually 86.8% 100.0% 100.0% 100.0% Annually 100. 0% 10~.0% 100.0% 100.0% Annually 0.0% 1{)0.0% 1~0.0% 100.0% Annually 100.0% 1~0.0% 1~.0% 100.0% Annually 1~,0% 1~0.0% 100.01 100.0% Annually 100.0% 100.0% 1~.0% 100,0% Annually 67,0% 84.0S 100.0% 100.0% Annually 75.0% 1~0.0% 1~.0% 1~0.0% Annually (Combined with Service Center 5-78) 100.0% 100.0% 1~.0% 100.0% Annually 43.1% 43.1% 43.1% 43.0% Annually 0.0% 34.0% 67.0% 1~.0% Annually 0.0% 34.0% 67.0% 1~.0% Annually 100.0% 1~0.0% 1~.0% i00.0% Annually 0.~ 34.0% 67.0% 100.0% Annually MSI # Re§ulatlon, Products or Service Percentage of costs peasonably borne to be recovered by fiscal year Review 1986-87 1987-88 1988-89 1989- Schedule S-87 STREET SWEEPING 0.0% 34.0% 67.8% 1~0.0% Annually S-88 UNCURBED STREET MAINTENANCE 0.0% 1~0.0% I~0.0% 100.0% Annually S-89 GEOLOGICAL SURVEY STREET USE 100.0% 100,0% 100.0% 100.0% Annually S-90 ALLEY ~INTENANCE 0.~% 34, 0% 67.0% 100.0% Annually S-91 ASSESSED NEIGHDORGDDD PARK MAINT. & GPN. 100.~ 100.~% 10B. 0% 1~0,0% Annually S-92 TAXED NEIGHBORHOOD PARK MAINT. & OPN. 0.~% 34.0% 67.0% i00.0% Annually S-93 TRAFFIC MARKING REQUEST REVIEW 100.0% 1~0.0% 100.~ 100.~% Annually S-94 DOWNT(]WN OFF-STRGET PARKING 100.0% 1~.0% 100.0% 100.0% Annually S-95 DOWNTOWN GARNGE PARKING 43.0% 43.0% 43.0% 43,0% Annually S-96 AUDITORIUM PARKING 100.0% 100.0% 1~.0% 100.0% Annually S-97 STATE HIGHWAY STREET MAINTENANCE 1~0.0% 100.0% 100.~ 100.0% Annually FINF~'4CE AND ADMINISTRATIVE REVENbES S-98 KING CENTER OFFICE RENTAL 37.8% 68.0% 80.0% 1~0.0~ Annually S-99 DOCUMENT PRINTING AND COPYING 100.0% 1~.~ 1~0.~ 108.0% Annually S-100 LEGAL SERVICE TO OTHER AGENCIES 1~.0% 1~.0% 1~0.0% 100.0% Annually S-101 CHECK CDLLECTIDN 100.0% 1~.0% 1~0.~% 100,0% Annually S-i~2 RESEARCH (IN REQUEST 100.0% 1~0,0% 100.0% 100,~% Annually S-103 RESEARCH & CERTIFICATION 100.0% 100.0~ 10~,0% 1~0.0% Annually S-104 ADOENDA/MINUTE MAILING SERVICE i00,0% 1~0,0% 1~0.0~ 1~0.0% Annuaiiy S-105 CITY CODES UPDGlE 10~.0% 100.~ 1~.~% 1~.0% Annually S-106 PDOCESSING SCHOOL FACILITIES FEES 100.0% 100.0% 1~0.0% 100.0% Annualty These These service centers have been deleted from this revenue/cost comparison system. sepviom centeps have fixed fees set by legislation or the courts. All fees and charges set pursuant to this Chapter and Section shall take effect ten (10) days after the City Manager signs an executive order stipulating that all provisions of this Chapter have been complied with if no written appeal has been filed. Each such order shall be posted at City Hall and a copy thereof shall be mailed to each person who has requested from the City Clerk notice of the same in writing. Each such request shall be valid tor the balance of the calendar year in which it was made. Should an appeal be filed as provided in Section 3.70.070, the effective date of the fee(s) and/or charge(s) spec- ified in such appeal, and none other, shall De stayed pending resolution of the appeal. The City Council shall hear and decide any such appeal within thirty (30) days after its tiling. would have enacted the remainder of this Chapter regardless of the absence of any such i~valid part. SECTION 3. REPEALER All ordinances, municipal code sections, resolutions, City Council motions, and actions of any City board or commis- sion in conflict herewith are hereby repealed. The fees and charges established by this Chapter shall supersede all previ- ously established fees or charges for the same regulation, pro- duct, or service, and all such previous fees and charges are repealed on the effective date of the executive order of the City Manager provided in Section 3.70.040 hereof, subject to the appeal provisions of Sections 3.70.040 and 3.70.070. SECTION 4. This ordinance shall be posted in accordance with the City charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regu- lar meeting thereof held on the 2nd day of July , 1986, by the following vote: CITY CLERK and Ex officio Clerk of the Council of the City of Bakersfield APPROVED this 2nd day of July , 19 86 MAYOR of the City of/Bakersfield APPROVED as to form: C~II~Y~TT OR~NEY~e City of Bakersfield AJS/bl 40.COST 8 STATE OF CALIFORNIA t ss. County of Kern ~ CAROL WILLIAMS, Being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on July 7, , 19 86 , she posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on July 2, , 19 86 , which ordinance was numbered 3052 New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADDING CHAPTER 3.70 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO EXTAB- LISHMENT OF A FEE AND SERVICE CHARGE REVENUE/ COST COMPARISON SYSTEM. City Clerk Subscribed and sworn to before me this 7th . day of ....... JP.~:Y ...................., 19.~.6