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Home My WebLink AboutORDINANCES - 12081992 - 92-96 • ORDINANCE NO. 92- 96 (Adding Certain Development Fees and Renumbering 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 70, Fees and Charges, and Chapter 70-2, Fee and Service Charge Revenue/Cost Comparison System, as added by Ordinance 91-58, and adds several fees to the list of development services for which fees are charged. SECTION II . Division 70, Fees and Charges, and Chapter 70-2, Fee and Service Charge Revenue/Cost Comparison System, added to the County Ordinance Code by Ordinance No. 91-58, is repealed. SECTION III . Division 620 is added to the County Ordinance Code, to replace the provisions of Division 70 and Chapter 70-2, added by Ordinance No. 92-58, to read: DIVISION, 620 FEES AND CHARGES CHAPTER 620-2 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM 620-2 . 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 of county departments, as set forth in Public Resources Code Section 21080(b) (8 ) (1 ) . (Ords . 92-,X §3, 91-58 §3, 91-40 §2 . ) -1- ORDINANCE No. 92- 96 620-2 . 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 620-2 . 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 . 92- 96 §3, 91-58 §3, 91-40 §2 . ) 620-2 . 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. 92- 96 (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 . 92- 96 §3 , 91-58 §3 , 91-40 §2 . ) 620-2 . 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 620-2 . 010, the percentages set forth herein should be utilized. -3- ORDINANCE No. 92- 96 Percentage of Cons Regulation, Pfodud or Service Reasonably Bome To Be Recovered L LAND DEVELOPMENT SERVICES Buildine Inspection S-001 Permit Processing and Issuance Program 100% S-002 Construction Inspection Program 100% S-003 Grading Plan Check/Inspection 100% S-004 Building Demolition Review 100% S-005 Mobile Home Park Annual Inspection 100% S-006 Mobile Home Permit Inspection 100% S-007 Permanent Mobile Home Inspection 100% S-008 R-Form Complaint Investigation 100% S-009 R-Form Site Investigation 100% S-010 County Code Compliance 100% S-011 Records Information Research 100% S-012 Evidence Reproduction 100% Community Development S-013 Certificate of Compliance Review 100% S-014 Development Plan Review 100% (Multiple Family, Comm ercial/OKce/Industrial) S-015 Development Plan Review (Exterior Change) 100% S-016 Development Plan Review (No Exterior Change) 100% S-017 Time Extension (Administrative) 100% S-018 Time Extension (Public Hearing) 100% S-019 General Plan Amendment Review 100% S-020 General Plan Maintenance 100% -4- ORDINANCE No. 92- 96 S-021 Land Use Permit ("L.U.P.") (Quarry) 100% S-022 L.U.P. (Quarry Reclamation Plan) 100% S-023 L.U.P (Caretaker Mobile Home) 100% S-024 L.U.P. (Family Member Mobile Home) 7% S-025 L.U.P. (Residential Care Facility) 100% S-026 L.U.P. (Home Occupation) 18% S-027 L.U.P. (Second Residence/Unit) 46% S-028 L.U.P. (Development Plan Combination) 100% S-029 L.U.P. (Others) 100% S-029A L.U.P. Solid Waste Disposal Review 100% S-030 L.U.P. (Administrative Permit - Gas Wells) 100% S-031 L.U.P. (Gas Well Ordinance) 100% S-032 Lot Line Adjustment Review 100% S-033 Tentative Subdivision Map Review -.Major 100% S-033A Development Agreement 100%v S-034 Tentative Subdivision Map Review - Minor 100% S-034A Reversion to Acreage 100% S-035 Condo Conversion Tentative Map 100% S-036 Lot Split 100% S-036A Undersized Lot Review 100% S-037 Planned Unit Development ("P.U.D.") 100% Rezoning Review - Residential S-038 P.U.D. Rezoning Review - Commercial/Industrial 100% S-039 P.U.D. Final Development Plan Review 100% S-040 P.U.D. Tentative Subdivision Map Review 100% 96 -5- ORDINANCE No. 92— i S-041 Rezoning Review-CommerciaVIndustri.al/ 100% Office/Multiple Family/Mobile Home :Park S-042 Rezoning Review - Others 100%u j S-044 Zone Variance 52% S-045 Sign Review 100% S-046 Waiver Review 100% S-047 Zoning Administrator Appeal Review 54% S-047A Planning Commission Agenda Mailing Service 100%v S-048 Appeals to the Board 34% S-049 Reconsideration Review 47% 5-049A Reinterpretation Review 100%v S-050 Agricultural Preserve Rezoning Review 25% S-051 Agricultural Preserve Cancellation Review 100% S-051A Floodplain Management Permit 100% S-051B Floodplain Hazard Assessment Zone 100°k S-051C Annual Review of Quarry Reclamation 100% S-052 Planning Surcharge 100% S-052A Fee Services - Clerical 100% S-053 County Service Areas and Districts 100% S-054 Recycling Program Review 100x/, S-055 Solid Waste Management Plan 10017(, S-056 Hazardous Waste Application Review 100% S-057 Environmental Impact Review 100% S-059 County Water Wetland Agency Review 100% S-060 Consulting Services 100% S-060A Geologic Review 100%v 96 -6- ORDINANCE No. 92- S-061 Growth Management Task Force Review 100% �. 5-062 Growth Management Plan 100% 5-063 Non-E.I.R. Environmental Quality Act 100% Compliance Review S-064 E.I.R. for County Projects 100% S-065 Child Care Application Review 100% S-066 Code Enforcement 100% S-067 Counter Information 100%r, Public Works S-068 Final Map Check (Major) 100% 5-069 Parcel Map Check 100% S-070 Map Check (Records of Survey) 100% S-071 Map Check (Lot Line Adjustment) 100°/% S-072 Public Improvement Plan Check (Major) 100% S-073 Public Improvement Plan Check (Minor) 100% S-074 Public Improvement Plan Check (L.U.P.) 100% S-075 Public Improvement Plan Check (Development Plan) 100% S-076 Drainage Review (No Improvement Plan) 100%v S-076A Conditions of Approval Compliance Check 100%u (No Improvement Plan) S-076B Public Improvement Plan - Landscaping 100% S-076C Public Improvement Plan - Bridges/Major Structures 100% S-077 Public Improvement Inspection (Major) 100%u S-077A Improvement Inspection - Bridges/Major Structures 100% S-077B Improvement Inspection - Landscaping 100% 5-078 Public Improvement Inspection (Minor) 100% -7- ORDINANCE No. 92- 96 S-079 Public Improvement Inspection (L.U.P.) 100% S-080A Public Improvement Inspection (Development Plan) 100% S-081 Application Review for Encroachment Permit 100% S-082 Inspection of Encroachment Permit 100% S-083 Flood Control District Encroachment 100% S-084 County Drainage Ord. 1010 Permit/Inspection 100% S-085 Miscellaneous Road Permit 100% S-086 Street Vacation Review 100% S-087 Public Improvement Assessment District 100% S-088 Certificate of Correction Review 100% S-088B Road Acceptance 100% S-088C Subdivision Monument Check 100°h. S-088D Corner Record 100% S-088E Monument Preservation 100% S-088F Base Map Revision 10017(l S-0881 Inspection of Land Development Records 100% S-0883 Survey Assistance/Public Information 100% S-088L Computer Map and Data Requests 100% ll Tax Section S-95 Add-On Tax Service-Autonomous 100% Special District S-096 Add-On Tax Service-Cities 100% S-097 Add-On Tax Service-County 100% Special District S-099 Tax Certification -Bulk Transfer 100% 96 -5-- ORDINANCE No. 92— S-100 Subdivision Certification/Bond 100% S-107 Dishonored Tax Checks 100% S-108 Business License Enforcement 100% S-109 1915 Act Bond Processing 100% S-110 Lot Segregation 58% S-114 Map Sales 100% 5-115 Computer Printout of Property 100% 5-117 Appraisal Record Sales 100% S-118 Business Property Statement 100% S-119 Property Characteristics 100% Fill-ln Service (PCS) 5-120 Document Mailing Service 100% S-121 Prop 90 Processing 100% 5-124 Lot Combine 67% 5-125 Parcel Split 91% III Elections. Recorder and Clerk of the Board S-133 Lien Notification 50% 5-134 Pre-Lien Notice 100% S-139 UCC Search 100% S-140 Special Election Service 100% S-143 No Election Minimum Service 100% 5-144 Petition Checking Service 100% S-145 Candidate Processing i00% S-146 File Search 100% S-147 Transcript Request 100% 96 -9- ORDINANCE No. 92- S-148 Investment Services 61% S-151 Administrative Appeal 100%u S-152 Fee Increase Mailing Service 17% (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 . 92-96 §3 , 92-8 §2, 91-58 §3 , 91-40 §2 . ) 620-2 . 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 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 . 92-96 §3, 91-58 §3 , 91-40 §2 . ) SECTION IV. INTENT. The intent of this ordinance is to renumber the provisions of Division 70 and Chapter 70-2 . This ordinance makes no substantive changes to the provisions of Chapter 70-2 other than the -10- ORDINANCE No. 92-9_ addition of certain fees, and said renumbered 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 620-2 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 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 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 Contra Costa Times , a newspaper published in this County. PASSED on December 8, 1992 , 1992 by the following vote: AYES: Supervisors Powers, Schroder, Torlakson, McPeak NOES: None ABSENT: Supervisor Fanden ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator Deputy Board Chair [Seal ] LTF:ct ct7a:\c=bord.1tf -11- 96 ORDINANCE No. 92-