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Home My WebLink AboutMINUTES - 12101991 - 1.8 P4 ORDINANCE NO. 91- 58 (Renumbering Ordinance No. 91-40 on 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. This ordinance renumbers Division 66, Fees and Charges, and Chapter 66-2, Fee and Service Charge Revenue/Cost Comparison System, added by Ordinance No. 91-40, and makes several non-substantive changes thereto. SECTION II . Division 66, Fees and Charges, and Chapter 66-2, Fee and Service Charge Revenue/Cost Comparison System, added to the County Ordinance Code by Ordinance No. 91-40, is repealed. SECTION III . Division 70 is added to the County Ordinance Code, to re� _lace the provisions of Division 66 and Chapter 66-2, added by Ordinance No. 91-40, to read: DIVISION 70 . FEES AND CHARGES CHAPTER 70-2 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM 70-2 . 002 Findings and Intent. (a) Pursuant to Article XIIIB 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 58 -1- ORDINANCE No. 91- t of county departments, as set forth in Public Resources Code Section 21080 (b) (8) ( 1 ) . (Ords . 91-58 §3, 91-40 §2 . ) 70-2 . 004 Delectation of Authority and Direction to Administrator. (a) The county administrator is hereby delegated the authority and directed to provide documents to the board 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 county administrator is hereby delegated authority to issue executive orders (including administrative bulletins ) defining terms, setting out administrative, fee collection, and financial procedures, definitions, and establishing effective dates of all fees set by the board 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 70-2 . 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 by resolution. (Ords . 91-58 §3, 91-40 §2 . ) 70-2 . 006 "Costs Reasonably 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. -2- ORDINANCE No. 91-58 (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 book value and cost of replacement over the remaining life of the asset. (d) General overhead, expressed as a percentage, distributing and charging and expenses of the board, 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 applicable to the county. (Ords . 91- 58 §3, 91-40 §2 . ) 70-2 . 008 Schedule of Fees and Service Charges . (a) The county administrator, auditor-controller 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 for its consideration and approval so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service. Unless the board determines otherwise at the time it fixes specific fees and charges pursuant to Section 70-2 . 010, the percentages set forth herein should be utilized. -3- ORDINANCE No. 91-58 . L Percentage or Costs Reasonably Borne Regulation, Product or Service To Be Recovered I. Land Development •Services;, I BUILDING►LAN CHECKINO i 2. CONSTRUCTION INSPECTION 1 .3. GRADING PLAN CHECK 1 4• SUILDLNO DEMOLITION REVIEW 1 6. MOSMEHOME PARK ANNUAL INSP. 1 • MOSKZ HOME PERMIT INSPECT9*1 1 7, PERMANENT MOBILE HOME DISK 1 t. R-FORMCOMPWNTINVESMATKON 1 0 R--FORM SITE INVESTIGATION -10. COUNTY CODE COMPLIANCE 1 .11. . RECORDS1NFORIiMTiON RESEARCH i 12. EVIDENCE REPAODUCTM(D.Tj 1 13. CERTIFICATE OF COMPLLU CE REVIEW 1 1�• DEV.PLAN REV.(MULT FAMAXXM 1& DEV.PLAN REV.off.CHANGE) 1 14. DEV.PLAIN REV.(NO EXT.CHARM 141 17. TWE EXTE MON(ADMSQSTRATIVQ 1 It. TWE EXTENSION(PUBLIC / 1s. GENERAL PLAN AMENDMENT REVIEW 1000 GENERAL KM MAINTENANCE Ot. LAND USE PEFIMR(OUARIM 1 122. L-U.P.(QUARRY RECLAMATION PLMI� ¢t. LU.P.(CARETAKER t1ORU HOME) 1 24. LU.P.(FAMILY MEMBER MX3 1 Zt L.UJ-. C.) .P.(H.(RESIODMAL CARE FFAC.)24. 1 Qs. LUOME O0CUPATIOt4 1 Q7 LU.P.($=No 1 .Qi. LU.P. PLAN i 1 U. LAID USE PEF84T(OrTHERM 1 2sA LU.P.SOLID WAtTHOtwKwALRENEW 1 id LU.P. IN.PERMR-GAS W AM 1 it, LU.R(4As WELL Oir01NANCE? 1 22. LAT LMt!ADA MMINT MMI11 03 TENT.Stora UAP REAM-MUM . it TEM.Staa wP NlYIEw•1rN01t N CONDO CONVERSION TENTATIVE MAP Ot wr SR1T 07 P.U.D.11!'TJDlIINO ItlV.•IIEf. 0e PAZ. WV.•CONMJBD. NM P.UA.NNALOEV.PLAN FAWN0 . 40 ►.U.D.TDR.SUSD MAP mVAw h F4Z0NNO REVIEW•O0W A6 it Rt�ONf11pREV1EIN•OTitEAf 4 ORDINANCE NO. 91-58 Percentage of Costa Reasonably Borne Regulation, Product or Service To Be Recovered Land Development Services t Qntinuedl_ 43 ZONE 4iAIA"CE-PUBLIC NEARING 100 44 ZONE VARIANCE-ADMMISTRATIVE I AS SIGN REVIEW 100 AS WAIVER REVIEW 100 +47 PLANNING COMMISSION APPEAL REV. i All APPEALS TO THE BOARD 100 40 RECONSIDERATION REVIEW I 60 AGPJCULTURAL PRE&REZONING REV. I 61 AGRICULTURAL PRES.CANCEL REV. 1 62 PLANNING SURCHARGE t i oouwrYS£RVICEAREm t 54 REC'YCUNB PROGRAM REVIEW I 66 SOLID WASTE MANAGEMENT PLAN 1 6S HAZARDOUS WASTE APPLICATION REV. I S7 ENVIRONMENTAL IMPACT REVIEW I 6t SOLID WASTE EXPORTING d FRANCK _ 100 60 COUNTY WATER WETLAND AGENCY REV. S0 10ONSULTme SERVICES I 41 GROWTH MANAGEMENTTASKFORCE REV. I00 42 JMEASURE GROWTH MANA4947 PLAN tOa 43 1 NON-EI.R,CAL ENV QUAL ACT COMPL REV 100 *4 E.I.R.FOR COUNTY PROJECT9 100 M6 CHILD CARE APPLICATION REVIEW t00 Se :,JOE ENFORCEMENT 1 67 COUNTER WORK 1 alk FINAL MAP CHECK OAAJOF0 i EMI PARCEL MAP CHECK 100% 70 MAP CH@CK(RECORDS OF SURVEY) 10004 TI MAP CHOCK(LOT LME A=gTMDM 1 72 P(Is=*APF%OVlaIENT PLAN CHOC C 1 73 PUBLIC IMPROVDAEM PWM 01OCK I 74 PUM IC MAP.PIAN CHOCK 0.*M USEMemm1 76 1"ism MAP.PLAN CNBC.K 9MYR GPME114 Tt ORA10"OE REVW-W OW PLAN I" 1pumm MAIRAdvemeR'owpe Tm 141014 inPUBLIC BAPROV8mAV !S� ?Nr P%X=BAP.ONWW l kIN A AM NSt S0 PUdt.IC W1.WSPIWTIQM 0EVltAImm it A".PWV W POLI 04CF40A0li1l11r P!lNMr I ORDINANCE NO. 9)-58 Percentage of Cocto Reauonably Borne Regulation, Product or Service To Be Recovered Lend Z. DevPtnnment Service (Continued) --I INBPEa!TgN or ENCROACHMENT►EMIR U.1 FLQOO CONTROL DISTRICT ENCROACHIIIEM +a STORM DRAIN EASEMENT ENCROACHMENT 100 16s. MOUSE MOVWG REVIEW 100 its. CTRErr VACATION REVIEW 1 �l1 TEMPORARY STREET CLOSURE REVIEW 100 t! CERTIFICATE OF CORRECTION REVIEW (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 any 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 considering the revision of the percentage rate schedule. Any such proposed rate revision which deviates from the review, schedule as set herein shall be reported to the board at its next succeeding .meeting or at the time consideration is being undertaken pursuant to Section 70- 2 . 010 to modify established fees and charges . (Ords . 91-58 §3, 91-40 §2 . ) 70-2 .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 , 66018 and 6062a, and the board periodically, at least annually, shall receive at a regularly scheduled meeting oral and written presentations -6- ORDINANCE No. 91-5-8— 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 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 annu 1 budget process and hearing. (Ords . 91-5 •§3, 91-40 §2 . ) SECTION IV. INTENT. The intent of this ordinance is to renumber the provisions of Division 66 and Chapter 66-2, added by Ordinance No. 91-40 only. This ordinance makes no substantive changes to the provisions of Chapter 66-2, added to the County Ordinance Code by Ordinance No . 91-40, and said substantive provisions are intended to continue in full force and effect, without interruption by this ordinance. SECTION V. SEVERABILITY. If any portion of this ordinance or Chapter 70-2 of the County Ordinance Code is found to be unconstitutional or invalid, the board hereby declares that it would have enacted the remainder of this ordinance and/or Chapter 70-2 regardless of the absence of any such invalid part . SECTION VI . PRIORITY. In the case of any .conflicts , the provisions of this ordinance and Ordinance No . 91-40 shall prevail over all prior ordinances, resolutions , board 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. Obligations existing under any resolution or other board action repealed by this section or Ordinance No. 91-40 shall not be affected and shall remain in full force and effect . SECTION VII . 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 Martinez News Gazette, a newspaper published in this County. -7- ORDINANCE No. 91- 58 PASSED on December 10, 1991 1991 by the following 'vote: AYES : Supervisors Schroder, McPeak,. Torlakson, Powers NOES: None ABSENT: Supervisor Fanden ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Superv,isors . and County Administrator r Deputy Board Chair [Seal] LTF:ct ct1a:\re.1tf -8- ORDINANCE No. 91-_53