HomeMy WebLinkAboutORDINANCES - 08121991 - 91-40 1
ORDINANCE NO. 91 -40
(Fee and Service Charge Revenue/Cost Comparison System)
The Board of Supervisors of Contra Costa County ordains as follows
(omitting the parenthetical footnotes from the official text of the
enacted or amended provisions of the County Ordinance Code) :
SECTION I . SUMMARY . Division 66 and Chapter 66-2 are added to the
County Ordinance Code, to establish a fee and service charge
revenue/cost comparison system.
SECTION II . Division 66 and Chapter 66-2 are added to the County
Ordinance Code, to read:
DIVISION 66
FEES AND CHARGES
CHAPTER 66-2
FEE AND SERVICE CHARGE REVENUE/COST
COMPARISON SYSTEM
66-2. . 002 Findings and Intent . (a ) Pursuant to Article XTIIB
of the California Constitution , it is the intent of the Board of
Supervisors to` require the ascertainment and recovery of costs
reasonably borne from fees , charges and regulatory license fees
levied therefor in providing the regulation, products or services
hereinafter enumerated in this Chapter.
(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 County 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, §21000
et seq . ) , because it approves and sets forth a procedure for
determining fees for the purpose of meeting the operating expenses
of. County departments , as set forth in Public Resources Code
Section 2.1080 (b ) ( 8 ) ( 1 ) .
(Ord . 91- 40 §2 . )
66-2 . 004 Delegation of Authority and Direction to Manager.
Direction to Manager.
(a ) The County Administrator is hereby delegated the authority and
directed to provide documents to the Board of Supervisors to
implement its herein enumerated policy to adjust fees and charges
to recover the percentage of costs reasonably borne as established
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ORDINANCE No . 9].- 40
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 County Administrator 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 Board of
Supervisors by resolution . ' All Executive Orders shall be
originated and signed by the affected department head, signed by
the Auditor-Controller certifying that the financial requirements
of this Chapter are complied with, . and signed by the County
Administrator 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
66-2 . 006 . In adjusting fees and charges , the County Administrator
shall act in an administrative and ministerial 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 Board of Supervisors by resolution.
(Ord . gi-.40 §2 .
66-2 . 006 "Costs Reasonably Borne" Defined . "Costs reasonably
borne, " as used and ordered to be applied in this Chcipter', 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 ,
es , 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
casts , printing and reproduction, vehLcle 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, shall also be calculated and
considered a cost so as to recover such unrecovered costs between
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ORDINANCE No . 91- 40
book value and cost of replacement over the remaining life of the
E
asset .
(d ) General overhead, expressed as a percentage, distributing
and charging and expenses of the Board of Supervisors , County
Counsel , , County Administrator, Clerk of the Board, County
Treasurer, Auditor-Controller, Personnel , and all other staff and
support services provided to the entire County 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 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
applicabl to the County.
(Ord . 91-40 §2 . )
66-2 . 008 Schedule of Fees and Service Charges . (a ) The
County Administrator, Auditor-Control.ler and each County department
head , under the direction of the County Administrator, shall review
annually the fees and service charges listed following, and provide
an adjusted fee or charge schedule to the Board of Supervisors for
its consideration so as to recover the listed percentage of costs
reasonably borne necessary to provide the listed regulation,
product or service .
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ORDINANCE No . 91_-_4_a_
a
Percentage of Costs
Regulation, Product or Service Reasonably Borne
To Be Recovered
Land Development 'Services
i BUILDING PLAN CHECKINQ
2. CONSTRUCTION INSPECTION 1
s. GRADING PLAN CHECK 1
4. 8UILDINQ DEMOLITION REVIEW 1
6. MOBILE HOME PARK ANNUAL INSP. 1
6, MOBILE HOME PERMIT INSPECTION 100
q, PERMANENT MOBILE HOME INSP, 1
i. R-FORMCOMPLAINT INVES OATWN 1
0, R-FORM SITE INVESTIGATION 1
+10. COUNTY CODE COMPLIANCE 1
A L RECORDS INFORMATION RESEARCH 1
12. EVIDENCE REPRODUCTION(D.Tj 100
13, CERTIFICATE OF COMPLIANCE REVIEW 1
14- DEV.PLAN REV.(MULT FAWCOW 100
ts• DEV.PLAN REV.(EXT.CHANGE) 100
19. DEV.PLAN REV.(NO EXT.CHANG14 1
17. TIME EXTENSION(ADMINISTRATIVE) 1
14. TIME EXTENSION(PUBLIC HEARING 100
19. GENERAL PLAN AMENDMENT REVIEW 1
t20' GENERAL PLAN MAINTENANCE 100
Ott. LAND USE PERMIT(QUARRY) 100
CO2, L.U.P.(QUARRY RECLAMATION PLAN) ' 10044
W LU.P.(CARETAKER MOBILE HOME) i
U LU.P.(FAMILY MEMBER M.H.) 1
'2b LU.P.(RESIDENTIAL CARE FACJ 1
da. LU.P.(HOME OCCUPATION) t
27 LU.P.(SECOND RESIDENCEIUNIT) 1
-09.09. LUA(DEVELOPMENT PLAN COMBO) 1
20. LAND USE PERMIT(OTHERS) I 100
t9A. LU.P.SOLID WASTE OISPOSAL REVIEW i
$0 LU.P, ADMIN.PERMIT-OAS WELLS) 1
31, LU.P.(GAS WELL OAOINANM 1
32, LOT LINZ ADAtOTMENT REVIEW 1
0Q TENT.SM MAP REVIEW-MANOR 1
34 TENT.WAD.MAP REVIEW-MANOR 1
36 CONDO CONVERSION TENTATIVE MAP 1
Ai LOT SPLIT 1
Q17 P.U.O.REZONING REV.-RE$.
alt P.U.D.PMONING REV.-COMMAND. 1
Nro P.UD.MAL DEV.PLAN REVIEW
40 P.U.D.TPM SIM MAP REVIEW ` wow
41 REZONING REVIEW-OOMMAINO 1
42 RELONING REVIEW-OTHEiO
4
ORDINANCE NO. 01-40
Percentage of Costs
Reasonably Borne
Regulation, Product or Service To Be Recovered
Land
Development Services (Continued) :
q ZONE VARIANCE-PUBLICHEARING (��
44 ZONE VARIANCE-ADMINISTRATIVE 1
46 SIGN REVIEW
10014
44 WAIVER REVIEW
100
K7 PLANNING COMMISSION APPEAL REV. 1
T4s APPEALS TO THE BOARD
100
X40 RECONSIDERATION REVIEW 1
60 AGRICULTURAL PRES.REZONING REV. 1
Si AGRICULTURAL PRES.CANCEL REV. 1
62 PLANNING SURCHARGE 1
AS COUNTY SERVICE AREAS 100
s4 RECYCLING PROGRAM REVIEW 1
0004
66 SOLID WASTE MANAGEMENT PIAN 100
So HAZARDOUS WASTE APPLICATION REV. 1
57 ENVIRONMENTAL IMPACT REVIEW
100
6$ SOLID WASTE EXPORTING d FRANCH. 100
50 COUNTY WATER WETLAND AGENCY REV. 1
40 CONSULTING SERVICES 100
461 GROWTH MANAGEMENT TASK FORCE REV. 100
e2 MEASURE•C•GROWTH MANAGEMT PLAN
100
463 NON-E.I.R.CAL ENV QUAL ACT COMPL REV
100
iso E.I.R.POR COUNTY PROJECTS
100
46 CHILD CARE APPLICATION REVIEW
100
86 'ODE ENFORCEMENT
I
67 COUNTER WORK
' t
I% FINAL MAP CHECK(MAJORO I
CEL
60 PARMAP CHECK
t001p
70 MAP CHECK(RECORDS OF SURVEY) 10011]
71 MAP CHECK(LOT LINE ADJUSTMENT) 100
72 PUBLIC IMPROVEMENT PLAN CHECK
1
73 PUBLIC IMPROVEMENT PLAN CHECK(MOM /
74 PUBLIC IMP.PLAN CHECK(LAND USE PMS 1
7s PUBL.IC IMP.PLAN CHECK(DEiELOPMEW 1
76 DRAINAGE REVIEW W PWf►
X77 PUBLIC IMPROVEMENT 048P8CTIOM I MAJOR 1
X78 PUBLIC IMPR Y#13AV T MSPECTIOM PAMIM1
?0 PUBLIC IMP.INSPECTIOM(LAID USE PEMMIIT} 1
to PUBLIC IMP.INSPECTION 0eVEi.OPmeff PiJIfQ
81 APP.REVIEW FOR EMCROACHMIM PMMr !
5
ORDINANCE NO. 9j-40
Percentage of Costs
Regulation# Reasonably Borne or Service To Be Recovered
1,ii n
I. Develop
92. INSPECTION Of ENCROACHMENT WE-FIWrr'*
93, FLOOD OONTAOL DISTRICT ENC90ACHUENT
44, STORM DFWN EASEMENT ENCAOACHMENT 10*
4k HOUSE MOW 4Q REVIEW 100%�'
WHO. .VTREET VACATION REVIEW 1004
19 I"
7' SURE REVIEW
TEMPORARY STREET CLO'
4,1vjcERTINCATE OF CORRECTION REVIEW. 10*
(b) A minimum fee of $10 . 00 shall be charged in all instances
except where noted.
(c ) All fees and charges set pursuant to this Chapter and
Section shall take effect ten ( 10 ) days after the County
Administrator signs an Executive Order stipulating -that all
provisions of this Chapter have been met .
(d ) The schedule of frequency of rate adjustments may be
varied by the County Administrator 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 County which contain anv.
coverage factor requirement .
(e ) The County Administrator may vary the review schedule
listed in this Section if , in the judgement of the County
Administrator and a directly affected and requesting department
head, a gross inequity would be perpetrated by not revising the
rate schedule . Any such rate revision which deviates from the
review schedule as set herein shall be. reported. to the Board of
Supervisors at its next succeeding meeting .
(Ord . I'll- -40 §2 . )
66-2 . 010 Statutory Public Meeting . Pursuant to Government
Code Sections 66016 and 66018 , for fees subject thereto, the Clerk
of the Board shall cause notice to be provided as set out in
Government Code Sections 66016 , 66016 and 6062a, and the Board of
Supervisors 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
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ORDINANCE No. 91-40.
shall be provided prior to the Board of Supervisors taking any
action on any new or increased fees or charges . At least one such
public hearing shall be held annually, in conjunction with the
County annual budget process and hearing .
(Ord . 91- !gyp §2 . )
SECTION III . SEVERABILITY . If any portion of this Chapter is
found to be unconstitutional or invalid the Board of Supervisors
hereby declares that it would have enacted the remainder of this
.Chapter regardless of the absence of any such invalid part .
SECTION IV. PRIORITY. In the case of any conflicts , the
provisions of this ordinance shall prevail over all prior
ordinances , resolutions , Board of Supervisors orders , and all
actions of all County Boards and Commissions concerning fees and
.charges . .Any fees and charges established pursuant to 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 fees and
charges established pursuant hereto .
SECTION V. EFFECTIVE DATE . This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the name of the Supervisors voting for and
against it in the _Contra Costa Times a newspaper published in
this County.
PASSED on August 12 , 1991 , 1991 by the following vote:
AYES : Supervisors Fanden, McPeak, Torlakson, Powers
NOES : None
ABSENT: Supervisor Schroder
ABSTAIN: None
ATTEST: PHIL BATCHELOR,
Clerk of the Board of
Supervisors and County
Administrator
BY:
Deputy Board Chair
[Seal ]
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ORDINANCE No . 91-40