HomeMy WebLinkAboutORD NO 3359 ORDINANCE NO. 3359
AN ORDINANCE AMENDING. CHAPTF~ 3.70
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO THE FEE AND S~R~ICE ~
R~VENUE/COST CO~PARISO~ SYST~.
BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Chapter 3.70 of the Bakersfield Municipal Code is
hereby amended as follows:
Sections:
3.70.010
3.70.020
3.70.030
3.70.040
3.70.050
3.70.060
3.70.070
Chapter 3.70
Intent.
Delegation of authority.
Definitions.
Schedule of fees. an~ service charges.
Prooedure for settin~ fees.
Provision of data.
A~eal.
3.70.010 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 reasonable borne from fees
and charges levied therefor in providing the regulation, products
or services hereinafter enumerated in this chapter.
B. The fee and service charge revenueJcost 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.
3.70.020 Delegation of authority.
A. The city manager is hereby delegated authority to
issue executive orders defining terms, setting out administrative
fee collection and financial procedures, definitions,
establishing effective dates of all fees set by the city council
by resolution, and establishing charges for water, sewer and
electrical services. 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 designating the effective date of the executive
order.
schedules of
resolution.
All executive orders shall be consistent with the
fees and rates as set by the city council by
3.70.030 Definitions.
A. "Costs reasonably borne," as used in this chapter
shall consist of the following elements:
1. All applicable direct costs including, but not
limited to, salaries, wages, overtime, employee fringe be.nefits,
services and supplies, maintenance. and operation expenses,
contracted services, special supplies, and any other direct
expense incurred.
2. All applicable indirect costs including, but
not limited to, building maintenance and operations, equipment
maintenance and operations, communications expenses, computer
costs, printing and reproduction, vehicle expense, insurance,
debt service and like expenses when distributed on an accounted
and documented rational proration system.
3. Fixed asset recovery expenses, consisting of
depreciation of fixed assets, and additional fi~ed 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.
4. 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
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 fe~s and c~,arges shall
proportionately defray such overhead costs.
5. 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 1., 2., 3. and 6. of this section.
6. 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 issues or loans of whatever nature of 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.
B. "Fees" means all charges for city services as set
forth in Section 3.70.040, but does not include rates or charges
for water, sewer or electrical service.
3.70.040 Schedule of fees an~ charge~.
A. The city manager, and the finance director and each
city department head, under the direction of the city manager,
shall review annually the following fees and service charge
schedule to the city council for its consideration so as to
recover the listed percentage of cost reasonably borne necessary
to provide the listed regulation, product or service:
SERVICE PERCENTAGE OF COSTS
CE~'£~ REASONABLY BO~E TO
REGULATION, PRODUCTS OR SERVICE BE P~CO~m~D
COMMUNITY DE%rEIX)I~T SERVICES
(2)
S-1
S-2
S-3
S-4
S-5
S-6
S-6.1
S-7
S-8
S-9
S-10
S-11
S-12
S-13
S-14
BUILDING PLAN CHECKING 100.0%
CONSTRUCTION INSPECTION 100.0%
PLUMBING INSPECTION 100.0%
ELECTRICAL INSPECTION 100.0%
A/C HEATING & MECH. INSPECTION 100.0%
REQUESTED BUILDING INSPECTION 100.0%
REINSPECTION OF MUNICIPAL CODE
VIOLATIONS 100.0%
SIGN REVIEW 100.0%
CONDITIONAL SIGN PERMIT 100.0%
REVIEW OF REQUESTED ANNEXATION 20.0%
ENVIRONMENTAL REVIEW 100.0%
PRELIMINARY PROJECT REVIEW 100.0%
ZONE MODIFICATION REVIEW 100.0%
CONDITIONAL USE REVIEW 100.0%
ZONE CHANGE REVIEW 100.0%
- 3
~-15
.~q-16
S-17
S-18
S-19
S-20
S-21
$-22
S-23
S-24
$-25
S-26
S-27
S-28
PUD OR PCD ZONE CHANGE 100.0%
SITE PLAN REVIEW 100.0%
HOME OCCUPATION REVIEW 100,0%
SPECIFIC PLAN AND HISTORIC
PRESERVATION REVIEW 100.0%
GENEraL PLAN AMENDMENT REVIEW 100.0%
DOWNTOWN PROJECT DESIGN REVIEW 100,0%
LAND DIVISION REVIEW 100,0%
TENTATIVE SUBDIVISION MAP REVIEW 100,0%
MAP & IMPROVEMENT PLAN. CHECKING 100,0%
PUBLIC IMPRVMT, PLA/~ CHECK &
INSPECTION 100,0%
APPEAL PROCESSING 100,0%
STREET ENCROACHMF_/4T INSPECTION 100.0%
STREET CUT INSPECTION 100.0%
DEVELOPMENT TIME EXTENSION REVIEW 100,0%
(2)
(2)
(2)
S-29
S-30
S-31
S-32
S-33
S-34
S-35
S-36
S-37
S-38
S-39
S-40
S-41
S-42
S-43
$-44
S-45
S-46
S-47
S-48
S-49
S-50
S-51
S-52
S-53
S-53,1
PUBLIC SAFETY SERVICES
VEHICLE CODE ENFORCEMENT 50,0%
HEALTH AND SAFETY CODE ENFORCEMENT 50,0%
PARKING ORDINANCE ENFORCEMENT 100,0%
POLICE FALSE ALARM RESPONSE 90,0%
WIDE/OVERLOAD REVIEW 100,0%
BUSINESS REGULATION 100,0%
ANIMAL REGULATION 40,0%
POLICE RECORDING DUPLICATION SRV, 100,0%
LIMOUSINE/TAXI/TOWING REGULATION 100,0%
PARADE SERVICES 0,0%
SPECIAL EVENT SECURITY 75,0%
AUTOMOTIVE ACCIDENT INVESTIGATION 100,0%
FINGERPRINT SERVICE 100.0%
VEHICLE EQUIPMENT INSPECTION
SCHOOL CROSSING GUARD SERVICE 50,0%
POLICE PHOTOGRAPH SALE 100,0%
CONCEALED WEAPON PERMIT PROCESSING 100,0%
STATE-MANDATED FIRE INSPECTION 100.0%
FIRE HAZARD INSPECTION 100.0%
FIRE COMPANY INSPECTION 50,0%
FIRE REPORT SALE 100,0%
WEED ABATEMENT INSPECTION 100,0%
FIRE SAFETY REVIEW/INSPECTION 100,0%
OIL WELL INSPECTION 100,0%
FIRE FALSE ALARM RESPONSE 30,0%
HAZARDOUS MATERIAL RESPONSE 100,0%
- 4 -
(1)
(1)
(1)
S-54
S-55
S-56
S-57
S-58
S-59
S-60
S-61
S-62
S-63
S-64
S-65
$-66
S-67
S-68
S-69
S-70
LEISURE AND CULTURAL SERVICES
PARK PICNIC FACILITY RENTAL
CITY ADULT VOLLEYBALL PROGRAM
CITY ADULT SOFTBALL PROGRAM
CITY ADULT BASKETBALL PROGRAM
BALLFIELD LIGHTING SERVICE
OTHER BALLFIELD USE
CITY YOUTH BASKETBALL PROGRAM
PRE-SCHOOL & TINY TOT PROGRAMS
AFTERSCHOOL & PLAYGROUND RECREATION
RECREATIONAL SWIMMING
SWIMMING LESSONS
SWIM POOL RENTAL
LEISURE CLASSES
SUMMER BAND CONCERTS
ART GALLERY RENTAL
BAKERSFIELD SYMPHONY SUPPORT
AUDITORIUM MAINTENANCE & OPERATION
50.0%
75.0%
75.0%
75 0%
75 0%
50 0%
50 0%
50 0%
0 O%
25 0%
100 0%
100.0%
75.0%
28.0%
(3)
(3)
(3)
(1)
S-71
S-72
S-73
S-74
S-75
S-76
S-77
S-78
S-79
S-80
S-81
S-82
S-83
S-84
S-85
S-86
S-87
S-88
S-89
S-90
S-91
S-92
DOMESTIC WATER SERVICE 100.0%
AGRICULTURAL WATER SERVICE 100.0%
SANITARY SEWER SERVICE 100.0%
INDUSTRIAL WASTE DISCHARGE
MONITORING 100.0%
WASTEWATER SERVICE-OTHER AGENCIES 100.0%
SEWER CONNECTION 100.0%
SEWER STOPPAGE INVESTIGATION 100.0%
RESIDENTIAL REFUSE SERVICE 100.0%
COMMERCIAL REFUSE SERVICE 100.0%
APARTMENT REFUSE SERVICE
(COMBINED WITH SERVICE CENTER S-78)
AIRPARK MAINTENANCE AND OPERATION 100.0%
MAIBT~ANCE S~IC~
UTILITY FRANCHISE FEES 43.0%
DRAINAGE MAINTENANCE 100.0%
STREET LIGHT MAINT. AND OPERATION 100.0%
ASSESSED MEDIAN MAINTENANCE & OPN. 100.0%
TAXED MEDIAN MAINTENANCE & OPN. 100.0%
STREET SWEEPING 100.0%
UNCURBED STREET MAINTENANCE 100.0%
GEOLOGICAL SURVEY STREET USE 100.0%
ALLEY MAINTENANCE 100.0%
ASSESSED NEIGHBORHOOD PARK MAINT.
AND OPERATION 100.0%
TAXED NEIGHBORHOOD PARK MAINT.
AND OPERATION 100.0%
- 5 -
S-93
S-94
S-95
S-96
$-97
TRAFFIC MARKING REQUEST REVIEW 100.0%
DOWNTOWN OFF-STREET PARKING 100.0%
DOWNTOWN GARAGE PARKING 43.0%
AUDITORIUM PARKING 100.0%
STATE HIGHWAY STREET MAINTENANCE 100.0%
S-98
S-99
S-100
S-101
S-102
S-103
S-104
S-105
S-106
FINANCE AND ADMINISTRATIVE
KING CENTER OFFICERENTAL 100.0%
DOCUMENT PRINTING AND COPYING 100.0%
LEGAL SERVICE TO OTHER AGENCIES 100.0%
CHECK COLLECTION 100.0%
RESEARCH ON REQUEST 100.0%
RESEARCH & CERTIFICATION 100.0%
AGENDA/MINUTE MAILING SERVICE 100.0%
CITY CODES UPDATE 100.0%
PROCESSING SCHOOL FACILITIES FEES 100.0%
(1) These service centers have been deleted from this
revenue/cost comparison system.
(2) These service centers have fixed fees set by legislation.
(3) These service centers may be set by executive order without
a public hearing.
Fixed asset replacement costs are established on a historical
basis.
B. A minimum fee of $10.00 shall be charged in all
instances, except in the cases. of fees set by statute.
C. The hereinabove services as listed in this section
shall be as defined in that certain document entitled "Cost
Control System for the City of Bakersfield", dated April 16,
1986, as produced by Management Services Institute, Incorporated,
of Anaheim, California, and by action of the city council.
D. The city manager may vary the review schedule
listed in this section if, in the judgment of the city manager, a
gross inequity would result by not revising the rate schedule.
Any such rate revision which deviates from the review schedule as
set herein shall be reported to the city council at its next
succeeding meeting.
3.70.0§0 Procedure for setting fees.
A. Pursuant to California Government Code Sections
66016 and 66018, the city clerk shall cause notice to be provided
as set forth in California Government Code Sections 66016, 66018
and 6062a, and the city council periodically shall receive at a
regularly scheduled meeting oral and written presentations
concerning fees as defined in Section 3.70.030, 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. At least one
such public hearing shall be held annually, in conjunction with
the city annual budget process and hearings.
B. Charges for water, sewer and electrical service
shall be set annually by executive order of the city manager.
Such charges shall take effect ten days after the city manager
signs an executive order. 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 reguest shall be valid for the balance of the year in
which it was made. Should an appeal be filed as provided in
Section 3.70.070, the effective date of the charges specified in
such appeal shall be stayed pending resolution of the appeal.
3.70.060 Provision of data.
Pursuant to the California Government Code, at least
ten 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
which are proposed to be added. The city manager shall also
provide a summary of the present fee and charge schedules and
those proposed at such annual public hearing. A general
explanation of the changes proposed shall also be published per
the requirements of California Government Code Section 6062a.
3.70.070 ADDeal .
A. Should any person believe that any fee set by the
city council is in excess of the percentage of costs reasonably
borne, or that such fee has been improperly revie~e~, then said
person may, no later than five days after said fees are set by
the city council, make written objection to the city council
setting forth the grounds for dissatisfaction, whereupon the
council shall hear said objections at a regular meeting no later
than three weeks following the filing of the objection with the
city clerk. The appellant shall be given written notice no less
than five days prior to said hearing. The council may, upon said
hearing, sustain, suspend or overrule the decision setting the
specified fee.
- 7
B. Should any person believe that any charge set by
the city manager is in excess of the percentage of costs
reasonably borne, or that such charge has been improperly
reviewed, then said person may, no later than five days after
such charges are posted pursuant to Section 3.70.050 B., make
written objection to the city council setting forth the grounds
for dissatisfaction, whereupon the council shall hear said
objections at a regular meeting no later than three weeks
following the filing of the objection with the city clerk. The
appellant shall be given written notice no less than five days
prior to said hearing. The council may, upon said hearing,
sustain, suspend or overrule the decision setting the specified
fee.
SECTION 2.
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 ..........
- 8 -
I ~RRy CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on MAY 8 1991 , by the
following vote:
AYES: COUNCILMEMBERS: EDWARDS, DeMOND. SM TH, SRUNNI PETERSON~ McDERMOTT. SALVAGGIO
NOES: COUNCILMEMBERS .~"~ ~/~ '
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 8 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
CI~ ATTORNEY of the City of
Bakersfield
LCM/meg
MSI-FEES.O-4
4/23/91
- 9 -
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern)
CAROL WILLIAMS,
That she is the
of Bakersfield;
Being duly sworn, deposes and says:
duly appointed, acting and qualified City
and that on the 10th day of May
posted on the Bulletin Board at City Hall, a full, true
the following: Ord±nance No. 3359 , passed
City Council at a meeting held on the 8th day of
and entitled:
Clerk of the City
, 19 91 she
and correct copy of
by the Bakersfield
May , 1991
NSAOPD
/s/ CAROL WILLIAMS
CITY CLERK of the City of Bakersfield
By: J~~J
DEPUTY City Clerk