HomeMy WebLinkAboutORDINANCES - 12101991 - 91-58 r 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County Ordinance Code by Ordinance No. 91-40 , is repealed.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
replace 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
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ORDINANCE No. 91- 58
ti
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 Delegation 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 . 9158 §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.
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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 Chartres . (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.
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ORDINANCE No. 91-58
M J
• L
Percentage or Costs
Reasonably Borne
Regulation, ' Product or Service To Be Recovered
I. Land Development Services;,
t BUILDING PLAN CHEC 0NO 1
1. OONSTRUCTIQN INSPECTION 1
.3. GRADING PLAN CHSI'K 1
00.4
4. BUILDING DEMOLITION REVIEW 1
00*4
6. MOSILE HOME PARK ANNUAL INSP. 100
•. MOBIL.SHOME PERMIT INSPECTION 1
k7, 'PERMANENT MOBILE HOME NW. t
t. R-FORM COMPLAINT INVESTIGATION i
R-FORM SITE1NVEsnGATION t
,10. COUNTY CODE COMPLIANCE 1
A 1. . RECORDS INFORMATION RESEARCH 1
11. EVIDENCE REPRODUCTION(O-TI 1
13. CERTIFICATE OF COMPLIANCE FIEVIEW 1
14• DEV.PLAN REV.(MULT FAM00004 1
Is- DEV.PLAN REV.(EXT.CHANGE) 1
14. DEV.PLAN REV.(NO EXT.CHANGE)
W1
17. TE EXTEN31ON(ADU N IFTRATIVQ 1
11. TIME EXTENSION(PUBLIC 1
19 GENERAL PLJW AMENDMENT REVIEW 100
24 GENERAL PLAN MAINTENANCE i 1
*I. LAND USE PEFWIT(QUARRY) I
122, L.U.P.(QUARRY RECLAMATION PLAN) 1
03. LU.P.(CARETAKER MOBILE HOME) 1
04. LU.P.(FAMILY MEMBER M.H.) 1
24 LU.P.(RBSAENTIAL CARE FAC.) t
0•. LU.P.(HOME OOGUPATK" 1
Q7 LU.P.(SEOONO RESIDENCEF6WI) i
••01. LUA PMN I 1
28. LANA USE PERMIT(OTHERM t
EGA LU.P.SOLA WASTE DISPOSAL FIEVIEW 1
30 LU.P. IN.PERMIT-GAS WELLM 1
$1, L.UA(OAS V"3.L OFQ0tAW* 1
32. LOT UM AD.IUSTMOIT F 40W
di TENT.SUM YAP REVIEIM—MA1011
34 TENT.WUSD.YAP 1AMN—UN=
30 CONDO CONVERSION TWATME MW
as LOT SPLIT
d7 P.U.O.RF.LONINW!1lV.•IIEt.
41t P.0 .IIAtON/W0 WV-COM A0.
41• P.UA PWALm.PINI IItmwwow
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w P.UD.Tw.SURD.MM IIEVIRw
h IlSZ>�II10 REVIEW-001M4�0
dt FIEZOO 6REVIEW-OTHERS
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ORDINANCE N0. 91-58
Percentage of Costa
Reasonably Borne
Regulation, Product or Service To Be Recovered
!_and
_Development Services (Continue=
43 ZONE VARUANCE-PUBLIC HEARING 100
44 ZONE VAMANCE-ADMINISTRATIVE 1
4S SIGN REVIEW 100
4aWAIVER REVIEW 100
Al PLANNING COMMISSION APPEAL REV. 1
AS APPEALS TO THE BOARD 100
440 IRECONSIDERAMN REVIEW 1
W AGRICULTURAL PRE&REZONING REV. 1
61 AGRICULTURAL FRES.CANCEL REV. 1
92 PLANNING SURCHARGE 1
is COUNTY IIERVICE ARM 1
54 RECYCUN4 PROGRAM REVIEW 1
" SOLID WAs'TE MANAGEMENT PLAN 1
64 HAZARDOUS WASTE APPLICATION REV. 1
S7 ENVIRONMENTAL IMPACT REVIEW 1
6N SOLID WASTE EXPORTING a FRANCH. 100
50 1 COUNTY WATER WETLAND AGEMCY M. 1
40 100HSMTING Saw=$ 1
41]GROWTH MANAGEMENTTASKFORM W. 100
42 MEASURE'C'GROWTH MANAGEM'T PLAN 100
43 MON-E.I.R.-CAL ENV QUAL ACT COMPL REV 100
064 E.I.R.FOR COUNTY PROJECTS 100
"N6 JCHILD CARE APPI.MTION REVIEW 100
as 100011 ENFORCEMENT 1
67 JCOUNTERWOFX 1
at FINAL MAP CHECK(MAJOR) 1
a* PAP46L MAP CHECK 100%
70 MAP CHECK(RECORDS OF SURVEY) 1001i(
Ti MAP CHECK(LOT LNE AMOTMENM 1
72 PU SLIC I MIPFKYAUENT PLAN CHMOAAWN1
73 PUBLIC IMP110VEMENT PLAN CHECK 1
74 max IMP.PIAN CHGOK(LANDUM PVW1
76 PIJ6M IMP.PLAN C 4WK9 WV6AWMV1T
?t ttltAef REVIEW t!PLAlA
.1 low
?7 PUKV 1MPROVl Off*WP6=CJ11
4i PtOX IMPROMAII tT/irPlCT1C1Mt
?r P MW NAP.VAP196-I aNI4LAND UW
NW PUKX MAP."NOW"m OVAL YDIT ' .
/1 APP.REVIEW POR ENCRDACHWIff Prw I
S
ORDINANCE NO. 91-58
Percentage of Cocta
neauonably Borne
Regulation, Product or Service To Be Recovered
I.-1nd -
T. DevelotmCnt Services (Cont inUeti) •
U. INSPWMN Or ENCROACHMENT►EIMR
U. FLOOD CONTROL OIMUCT ENCNOACH MM
t
41 STORM DAMN EASEMENT ENCROACHMENT t00
i 0. MOV W MOVM REVIEW 100
de. CTREET VACATION REVIEW
1
167 TEUPORARY STREET CLrO$URE REVIEW 100
Hsi CERTIFICATE OF OOPMCTION 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
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ORDINANCE No. 91-5BL
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 annual budget process and hearing.
(Ords . 91-58 .§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.
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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
Supervisors and County
Administrator
Deputy Board Chair—�
[Seal]
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ORDINANCE No. 91-_53_