HomeMy WebLinkAboutOrd. No. 1987-790CITY OF LAKE ELSINORE
ORDINANCE N0. 790
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA,
AMENDING THE LAKE ELSINORE MUNICIPAL
CODE BY ADDING CHAPTER 3.32 RELATING
TO ESTABLISHMENT OF A FEE AND SERVICE
CHARGE REVENUE/COST COMPARISON SYSTEM.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.32 of the Lake Elsinore Municipal Code is
hereby added to read as follows:
"Chapter 3.32
FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM
"Sections
3.32.010 Intent
3.32.020 Delegation of Authority and Direction to City Manager
3.32.030 Costs Reasonably Borne Defined
3.32.040 Schedule of Fees and Service Charges
3.32.050 Public Meeting
3.32.060 Provision of Data
3.32.070 Appeal to City Council
3.32.080 Severability
"3.32.010 Intent. Pursuant to Article XIIIB of the California
Constitution, it is the intent of the City Council to require the
ascertainment and recovery of costs reasonably borne from fees and
charges levied therefor in providing the regulation, products or
services hereinafter enumerated in this Chapter.
"3.32.020 Delegation of Authority and Direction to City
Manager. The City Manager is hereby delegated the authority and
directed to adjust fees and charges to recover the percentage of
costs reasonably borne in providing the regulation products or ser-
vices enumerated in this Chapter in the percentage of costs reason-
ably borne and on the schedule of rate review and revision as herein-
after established in this Chapter.
"Costs reasonably borne" shall be as defined in Section 3.32.030.
In adjusting fees and charges, the City Manager shall act in an
administrative and ministerial capacity and shall consider only the
standards and criteria established by this Chapter.
"3.32.030 "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, and like expenses when distributed on an accounted and
documented rational proration system.
C. Fixed assets 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 addi-
tional charge to make up the difference between book value deprecia-
tion not previously recovered and reserved in cash and the full cost
of replacement, which also shall 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 the expenses of the City Council, City Manager, Finance
Department, City Clerk, City Treasurer, City Attorney's Office,
Community Promotion, Personnel Office, and all other staff and
support service provided to the entire City 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, distribu-
ting and charging the cost of each department head and his or her
-supporting expenses as enumerated in subsections A, B, and C 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. Any
required coverage factors of added 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 City.
"3.32.040 Schedule of Fees and .Service Charaes. The City
Manager, Finance Director and each City department head, under the
direction of the City Manager, shall review the fees and service
charges listed following, on the schedule of frequency listed in this
Section, and set and adjust the fee or charge schedule so as to
recover the listed percentage of costs reasonably borne necessary to
provide the listed regulation, products or services.
Percentage of Costs
Regulation, Products Reasonably Borne Review
Or Service To be Recovered Schedule
Development Services:
1. Building Plan Check 100% Annual
2. Building Inspection 100% Annual
3. Sign Review 100% Annual
4. Subdivision Inspection 100% Annual
5. Engineering Permit Inspection 100% Annual
6. Utility Inspection 100% Annual
7. Public Improvement Inspection 100% Annual
8. Subdivision Plan Checking 100% Annual
9. Final Tract/Parcel Map Check 100% Annual
10. House Moving Review 100% Annual
11. Grading Plan Check Fees 100% Annual
12. Traffic Marking Study Request 100% Annual
13. Flood Hazard Review 100% Annual
14. Extension of Map Approvals 100% Annual
15. Parcel Information 100% Annual
16. General Plan Review & Revision 100% Annual
17. Zone Change Review 100% Annual
18. Variance Review 100% Annual
19. Conditional Use Review 100% Annual
20. Site Plan Review 100% Annual
21. Tentative Parcel Review 100% Annual
22. Tentative Tract Review 100% Annual
23. Appeal Processing 100% Annual
24. Plans Revision Review 100% Annual
25. Review of Annexation Request 100% Annual
26. Daycare Review & Inspection 100% Annual
27. Lot Line Adjustment Review 100% Annual
28. Lot Merger Review 100% Annual
29. Compliance Certification 100% Annual
30. Right-Of-Way Abandonment Review 100% Annual
31. Negative Declaration Review 100% Annual
32. Environmental Impact Review 100% Annual
33. Special Event Services 100% Annual
34. Specific Plan Review 100% Annual
35. Development Agreement Review 100% Annual
36. Landscape Plans Review 100% Annual
37. Camping Application Review 100% Annual
38. Project Eligibility Review 100% Annual
Percentage of Costs
Regulation, Products Reasonably Borne Review
Or Service To be Recovered Schedule
Public Safetv Services:
39. City Code Enforcement 45% Annual
40. Traffic Code Enforcement 50% Annual
41. Parking Enforcement 25% Annual
42. Business Use Review & Inspection 100% Annual
43. Animal Regulation 15% Annual
44. Regulatory Inspection & Review 100% Annual
45. False Alarm Response 100% Annual
Human Services:
46. Adult Group Field Rental Maint. To be determined Annual
47. Youth Group Field Rental Maint. To be determined
48. Community Center Rental Maint. 50% Annual
49. Center Class Rental Maintenance 50% Quarterly
50. Senior Citizen Services 0% Annual
51. Transit Operations 10.6% Annual
Maintenance Services:
52. Utility Street Usage 100% Annual
53. Refuse Collection Street Usage 100% Annual
54. Landscape/Lighting Service September, 1987: Annually thru
25% 1972 Act
September, 1988: Assessment Dt
50%
September, 1989: Annually thru
75% 1972 Act
September, 1990: Assessment Dt
100%
55. Street Sweeping Services 100% Annual
56. Street Tree Maintenance September, 1987: Annually thru
25% 1972 Act
September, 1988: Assessment Dt
50%
September, 1989: Annually thru
75% 1972 Act
September, 1990: Assessment Dt
100%
57. Storm Drain Maintenance January, 1988: Annually thru
50% 1972 Act
January, 1989: Assessment Dt
100%
58. Unpaved Street Maintenance 100% As Maintnce
Requested
59. Vacant Lot Weed Removal 100% Annual
Administrative Services:
60. Library Building Rental by contract Annual
61. School Admin. Bldg. Rental 100% Annual
62. Chamber/Commerce Bldg Rental 100% by contract Annual
for services
63. NSF Check Processing 100% Annual
64. Sale of Maps & Publications 100% Annual
65. Document Copying 100% Annual
66. Document Certification 100% Annual
67. Records Research Service 100% Annual
68. District Risk Mgmt Services 100% Annual
69. Redevelopment Operations Admin Overhead Rate Annual
70. Redevelopment Project Admin Overhead Rate Annual
New Services 100% At Inception
A Minimum Fee of $l0 shall be charged in all instances except in the
cases of numbers 46, 47, 50, 64 and 65 hereof.
The hereinabove services as listed in this section shall be as
defined in that certain document entitled "Cost Control System For
The City of Lake Elsinore" dated December, 1986, as produced by
Management Services Institute.
All fees and charges set pursuant to this Chapter and Section shall
take effect ten {10) days after the City Manager signs an executive
order stipulating that all provisions of this Chapter have been
complied with, and no written appeal has been filed.
The schedule of frequency of rate adjustments may be varied by the
City Manager to adjust revenues sufficient to meet debt service cov-
erage requirements of any bond, certificate, or ordinance, resolu-
tion, indenture, contract, or action under which securities have been
issued by the City which contain any coverage factor requirement.
"3.32.050 Public Meetina. Pursuant to the requirements of
California Government Code Section 54992, the City Clerk shall cause
notice to be provided as set out in said Government Code Section
54992, and the City Council shall receive at a public meeting oral
and written presentations concerning the fees and charges proposed
for those categories of fees and charges set out in Government Code
Sections 54990 and 54991. Such notice, oral and written presentation
receipt, and public meeting shall be provided by the City Council
prior to the City Manager taking any action on any new or increased
fees or charges for those categories set out in said Government Code
Sections 54990 and 54991 and Section 3.32.040 hereof.
"3.32.060 Provision of Data. Pursuant to Section 54992 of the
California Government Code, the City Manager shall, at least ten (10)
days prior to the required public meeting set out in said Government
Code Section, make available to the public data indicating the cost,
_ or estimated cost required to provide the services set out in Govern-
ment Code Section 54990 and 54991.
"3.32.070 Abpeal to Citv Council. Any person who feels that
any fee or charge determined and set by the City Manager is in excess
of the percentage of costs reasonably borne to be recovered as set
out in Section 3.32.040, or that such fee or charge has been
reviewed prior to or has not been reviewed within the review schedule
as set out in Section 3.32.040, may appeal in writing to the City
Council.
No fee for which an appeal has been filed shall take effect until
heard by the City Council. Such appeal shall be placed on the agenda
of the next ensuing Council meeting after receipt of such appeal, and
heard at the next ensuing Council meeting. Such appealed fee or
charge shall take effect immediately upon hearing by the City Council
unless ordered otherwise by ordinance amending this Chapter."
SECTION 2. Severability.
If any portion of this Chapter is found to be unconstitutional or
invalid, the City Council hereby declares that it would have enacted
the remainder of this chapter regardless of the absence of any _
such invalid part.
SECTION 3. Repealer.
All Ordinances, Municipal Code Sections, Resolutions, City Council
Motions,. and all actions of all City Boards and Commissions in con-
flict herewith are hereby repealed. The fees and charges established
by 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 executive order of the City Manager provided in Section
3.32.040 hereof.
SECTION 4. Effective Date.
This ordinance shall take effect and be in force sixty (60) days
after its passage.
SECTION 5. Certification.
This ordinance shall be published one (1) time in the Sun Tribune
Newspaper within fifteen (15) days after its adoption.
INTRODUCED AND PASSED UPON FIRST READING this 24th day of
March, 1987, upon the following roll call vote:
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER
STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTENTIONS: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED this
1987 BY THE FOLLOWING VOTE:
14th
day of April
AYES: COUNCILMEMBERS: DOMINGUEZ, MATSON, VERMILLION, WINKLER
STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
~~ t~
tiY ~`i
Vicki Lynn' Kasad, City Clerk
City of ake Elsinore
Approved as to form and legality
W .
John Harper, C't Attorney
eon igotte ayor
City Lake Elsinore
STATE OF CALIFORNIA )
SS:
COUNTY OF ORANGE )
I, Vicki Lynne Ka sad, City Clerk of the City ~f<gYake Elsinore,
DO HEREBY CERTIFY that the foregoing Ordinance had i'-~if?irst reading
on March 24, 1987 and had its secor~d.reading on
April 14, 1987 and was passed b~x'i~e following
vote:
AYES: COUNCILPIEMBERS: DOP1INGUEZ, MFlTSON, VERMILLION,
4dINKLER, STRIGOTTE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILP4EMBERS: NONE
~ i ,
CITYyOF LAKE'eLSINORE
(SEAL)
STATE OF CALIFORNIA )
SS:
COUNTY OF ORANGE- )
I, Vicki Lynne Ka sad, City Clerk of the City of Lake Elsinore,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Ordinance No. 790 of said Council, and that
the same has not been amended or repealed.
DATED: April 15, 1987
(SEAL)