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HomeMy WebLinkAboutOrdinance No. 2351 ORDINANCE NO. 2351 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE AZUSA MUNICIPAL CODE BY ADDING CHAPTER 3 . 08 RELATING TO ESTAB- LISHMENT OF A FEE AND SERVICE CHARGE REVENUE/ COST COMPARISON SYSTEM. THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3 . 08 of the Azusa Municipal Code is hereby added to read as follows: "CHAPTER 3 . 08 - FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM SECTIONS 3 . 08. 010 Intent 3 . 08.020 Delegation of Authority and Direction to City Administrator 3 . 08. 030 Costs Reasonably Borne Defined 3. 08 .040 Schedule of Fees and Service Charges 3. 08. 050 Public Meeting 3 . 08. 060 Provision of Data 3 . 08. 070 Appeal to City Council "Section 3 . 080. 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. " "Section 3 . 08. 020 DELEGATION OF AUTHORITY AND DIRECTION TO CITY ADMINISTRATOR. The City Administrator 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 services 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. 'Costs reasonably borne' shall be as defined in Section 3 . 08. 030. In adjusting fees and charges, the City Administrator shall act in an administrative and ministerial capacity and shall consider only the standards and criteria established by this Chapter. " "Section 3 . 08. 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, fringe benefits, services and supplies, 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, communication, printing and reproduction, and like expenses when distributed on a rational proration system. (c) Fixed assets recovery expenses, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charges calculated on the 3. current estimated cost of replacement, divided by the approximate life expectancy of the fixed asset. A further additional charge to make up the depreciation not previously recovered and reserved in cash also shall be calculated and considered a cost so as to recover such unrecovered depreciation over the remaining life of the asset. (d) General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Administrator, Finance Department, City I Clerk, City Treasurer, City Attorney's Office, Community Promotion, Personnel Office, and all other staff and support service provided to the entire City organization. (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) and (c) of this Section. " "Section 3 . 08. 040 SCHEDULE OF FEES AND SERVICE CHARGES. The City Administrator, Finance Director and each City departmental head, under the direction of the City Administrator, 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 Reasonably Regulation, Products Borne to be Review or Service Recovered Schedule Development Services: 1. Building Regulation 100% Annual 2 . Reviewing/Renting/ House-moving 100% Annual 3 . Engineering Inspection 100% Annual 4. Street Cut Inspection 100% Annual 5. Grading/Paving Inspection 100% Annual 6. Architectural Review 100% Annual 7. Tract Map Review 100% Annual 8 . Map/Improvement Plan Check Fees 100% Annual 9 . Precise Plan Review 100% Annual 10. Zone Change/General Plan Review 100% Annual ii. Variance/Conditional Use Review 100% Annual 12 . Environmental Review 100% Annual 13 . Environmental Impact Report Review 100% Annual 14 . Minor Deviation Review 100% Annual 15. Preliminary Project Review 100% Annual 16. Planning Notice Preparation 100% Annual 17. Planning Review Appeal 50% Annual 18. Tree Installation 50% Annual Public Safety Services: 19 . Business Inspection 100% Annual 20. Vehicle Code Enforcement 50% Annual 21. Parking Enforcement 100% Annual 22 . General Code Enforcement 50% Annual 23 . Special Event Service 100% Annual 24 . Police Records Search 100% Annual 25. Accident Report Investigation 100% Annual 26. Fingerprinting on Request 100% Annual 27 . False Alarm Respsonse 100% Annual 28. Bicycle Licensing -0-% Annual 2 29. School Crossing Guard Service 50% Annual 30. Animal Regulation 21.5% Annual 31. Crime Report Sale 100% Annual 32 . Police Photo Sale 100% Annual Recreation and Social Services: 33. Swimming Lessons 75% Seasonal 34 . Recreation Swimming 25% Seasonal 35. Swimming Pool Rental 8.9% Seasonal 36. Leisure Classes 100% Seasonal 37 . Senior Citizen Programs -0-% Seasonal 38 . Adult Sports Programs 47.9% Seasonal 39 . Adult Softball Tournament Fees 53 .9% Seasonal 40. Youth Baseball Program Fees -0-% Seasonal 41. Youth Sports Programs 75% Seasonal 42 . Public Transportation 1. 3% Seasonal 43 . Golden Days Special Events -0-% Seasonal 44. Children's Day Care 62 . 9% Seasonal 45. Teen Center Program 1. 3% Seasonal 46. Recreation Field Trips 25. 8% Seasonal 47 . Recreation Special Events 5.5% Seasonal 48. Women' s Club Maintenance and Operation 75% Seasonal 49. Facility Maintenance and Operation 50% Seasonal Library Services: 50. Processing Overdue Materials 17. 5% Annual 51. Book Reservation Service 8.9% Annual 52 . Filling Special Materials Requests 3 . 6% Annual 53 . Copying Service 100% Annual 54 . Video Cassette Rental 44.2% Annual Maintenance Services 55. Street Maintenance and Reconstruction 102% Annual 56. Curb and Sidewalk Repairs -0-% Annual 57 . Utility Street Patching 100% Annual 58. Weed Removal 3 . 1% Annual 59 . State Highway Maintenance 33 .8% Annual 60. Street Tree Maintenance -0-% Annual 61. Street Landscape Maintenance -0-% Annual 62 . Alley Maintenance and Grafitti Removal -0-% Annual 63 . Street Light Maintenance and Operation -0-% Annual 64. Storm Drain Maintenance and Operation -0-% Annual 65. Street Cleaning -0-% Annual 66. Private Special Traffic Review -0-% Annual 67 . Parking Maintenance and Operation -0-% Annual Utility and Enterprise Services: 68 . Establishing New Utility Accounts -0-% Annual 69. Water Services 80.3% Annual 70. Water Delinquent Reconnections 64. 8% Annual 71. Construction Water Connections -0-% Annual 72 . Water Meter Testing -0-% Annual 73 . Special Fire Flow Field Testing -0-% Annual 74. Special Water Service Calls -0-% Annual 75. Water Connection Installation 100% Annual 3 76. Sewer Systems Maintenance and Replacement 100% Annual 77. Location of Sewer Stoppages 56% Annual 78. Location of Sewer Connections -0-% Annual 79 . Requested Test of Sewer Connection -0-% Annual 80. Trash Services 100% Annual 81. Electric Service 91. 6% Annual 82 . Electric Delinquent Reconnection 58. 6% Annual 83 . Temporary Electric Service 77 .4% Annual 84 . Electric Line Extension -0-% Annual 85. Requested Special Electric Service -0-% Annual 86. Electric Meter Tests -0-% Annual 87. Street Banner Installations -0-% Annual Administrative and Finance Services 88 .Processing Returned Checks 100% Annual 89 . Map and Publication Production and Sale: a) To homeowners for plot plans, etc. Max. $1. 00 Annual b) To all others 100% Annual 90. Photocopy Service - $2 . 00 per document look up plus 10 cents per page for photocopy Annual 91. Code Updating 100% Annual 92 . Certification of Documents 100% Annual 93 . Records Research Service: a) 15 minutes or less -0-% Annual b) over 15 minutes - $15. 00 per quarter hour or fraction thereof Annual 94. Bond Issuance and Administration 100% Annual New Service Any New Service 100% At Inception and Annually thereafter. All fees and charges set pursuant to this Chapter and Section shall take effect thirty (30) days after the City Administrator signs an executive order stipulating that all provisions of this Chapter have been complied with, and no written appeal has been filed. " "Section 3 . 08. 050 PUBLIC MEETING. Pursuant to the requirements of California Government Code Section 54992 , the City Clerk has caused notice to be provided as set out in said Government Code Section 54992, and the City Council has received 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 Administrator 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 . 08 . 040 hereof. " "Section 3 . 08. 060 PROVISION OF DATA. Pursuant to Section 54992 of the California Government Code, the City Administrator 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 Government Code Section 54990 and 54991. " 4 "Section 3 . 080. 070 APPEAL TO CITY COUNCIL. Any person who feels that any fee or charge determined and set by the City Administrator is in excess of the percentage of costs reasonably borne to be recovered as set out in Section 3 .080.40, 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. 080. 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 appealed fee or charge shall take effect immediately upon hearing by the City Council unless ordered otherwise by resolution of the City Council. Any such resolution shall be in compliance with this Chapter. " SECTION 2 . CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Azusa finds and determines, pursuant to Section 15079.1 of Title 14 of the California Administrative Code, that the California Environmental Quality Act is not applicable to the approval of the rates, charges and regulations set forth in this Ordinance because such rates, charges and regulations are for the purposes of: (1) Meeting operating expenses, including employee wage rates and fringe benefits and departmental operations; (2) Purchasing or leasing of supplies, equipment or materials; (3) Meeting financial reserve needs and requirements; and/or (4) Obtaining funds for capital projects necessary to maintain a service within existing service areas. SECTION 3 . 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 4. REPEALER. All Ordinances, Municipal Code Sections, all Resolutions, all City Council Motions, and all actions of all City Boards and Commission in conflict 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 repealed on the effective date of the executive order of the City Administrator provided in Section 3 . 080. 040 hereof. SECTION 5. EFFECTIVE DATE. The ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 6. CERTIFICATION. This ordinance shall be published one (1) time in the Azusa Herald within fifteen (15) days after its adoption. SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. 5 PASSED AND APPROVED this4th day of May 1987. /?,A041, MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, ADOLPH A. SOLIS, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 2351 was introduced at a regular meeting of the City Council of the City of Azusa, on the 20th day of April 1987. That thereafter, said Ordinance was duly adopted and passed at the regular meeting of the City Council of the City of Azusa, on the 4th day of May 1987, by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ , LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE TY CL RK 6