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Home My WebLink AboutORD NO 3825 ORDINANCE NO. 3 8 ~-, 5 AN ORDINANCE AMENDING CHAPTER 3.70 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO COST RECOVERY SYSTEM. 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 to read as follows: Chapter 3.70 COST RECOVERY SYSTEM Sections: 3.70.010 3.70.020 3.70.030 3.70.040 3.70.050 3.70.060 Intent. Definitions. Schedule of fees. Procedure for setting fees. Provision of data. Appeal. 3.70.010 Intent. A. It is the intent of the City Council to require the ascertainment and recovery of costs reasonably incurred by the City from fees levied therefor in providing the regulation, products or services set by City Council resolution. B. The cost recovery 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. (Ord. 3359 § 1 (part), 1991). 3.70.020 Definitions. A. "Costs reasonably incurred," as used in this chapter shall consist of some or all of the following elements: 1. 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. 2. All applicable indirect costs including, but not limited to, building maintenance and operations, equipment maintenance and operations, communications Page 1 of 4 ORIGINAL 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 fixed asset expense recovery charges calculated on the current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. 4. Administrative overhead, expressed as a single percentage, distributing and charging the expenses of the Mayor and City Council, City Attorney office, City Administration, City Clerk office, Management Information Services, Finance Department, Human Resources Division, and all departmental operating expenses. Overhead shall be apportioned between tax-supported services and fee-supported services so that each of taxes and fees and charges shall proportionately defray such overhead costs. B. "Fees" means all charges set forth by the City Council in the Master Fee Schedule resolution, but does not include rates or charges for the following enterprise services: water, sewer, refuse, airport, and off-street parking. (Ord. 3359 § 1 (part), 1991 ). C. "Tax supported" services means all services financed with general fund monies. D. "Fee supported" services means all services financed by charging a fee for service. 3.70.030 Schedule of fees. A. The Master Fee Schedule shall be reviewed, at least biennially, by each City department head, the City Manager, and the Finance Director. As a part of this review process and if determined to be necessary by the City Manager, the biennial review shall also consist of an audit of the Master Fee Schedule. Based on the biennial review or audit, a revised Master Fee Schedule shall be submitted to the City Council for consideration in order to allow the City to recover the cost reasonably incurred to provide each regulation, product, or service identified in the Master Fee Schedule. B. Nothing stated in Subsection A herein shall prevent City staff from recommending or the City Council from adopting a revised Master Fee Schedule more often then biennially if it is determined, in the judgment of the City Manager, that a gross inequity would result by not revising the Master Fee Schedule prior to the biennial review or audit thereof. 3.70,040 Procedure for setting fees. 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 3.70.020, 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 prior to the adoption of a Master Fee Schedule. Page 2 of 4 ORIGINAL 3.70.050 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 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 schedules and those proposed at such public hearing. A general explanation of the changes propounded shall also be published per the requirements of California Government Code Section 6062a. (Oral 3359 § 1 (part), 1991 ). 3.70.060 Appeal. A. Should any person believe that any fee set by the City Council in the Master Fee Schedule is in excess of the costs reasonably incurred, 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 30 days 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. B. The provisions of Subsection A shall be in addition to any state law that may apply to any statute of limitations to commence a judicial action to attack or set aside any ordinance or resolution adopting or modifying any fee. SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... Page 3 of 4 c.., ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on. Hatch 11, 1998 b.y the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and E~(y'OFFICIO of the Council of the City of Bakersfield APPROVED: MAR 11 BO B/PRICE,~!'AYOR CITY OF BAKERSFIELD APPROVED AS TO FORM: JUDY K. SKOUSEN CITYATTORNEY ROBERT Chief Assistant City Attorney Page 4 of 4 ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, 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 the 13th day of March ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3825 , passed by the Bakersfield City Council at a meeting held on the 11th day of March. 1998, and entitled: AN ORDINANCE AMENDING CHAPTER 3.70 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO COST RECOVERY SYSTEM. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCUMENT~AOPOSTING March 12, 1998