CHAPTER 1.44
FEES AND CHARGES
SECTION:
1.44.010: Debt To City; Action To Collect
1.44.020: General Fee Schedule Established
1.44.040: Recovery Of Public Safety Service Costs
1.44.010 DEBT TO CITY; ACTION TO COLLECT:
The amount of any fee or charge fixed and made payable to the city under any provision of this code shall be deemed a debt to the city, and the person, firm or corporation upon whom any such fee or charge is imposed shall be liable in an action brought in the name of the city in any court of competent jurisdiction. (1972 Code § 2.16.010)
1.44.020 GENERAL FEE SCHEDULE ESTABLISHED:
The city council shall by resolution adopt, and may by resolution from time to time amend, a schedule of fees and charges applicable to city services and functions not otherwise specifically provided for in this code. Said schedule shall be known and designated as the general fee schedule of the city. (1972 Code § 2.16.020)
1.44.030 EXCEPTIONS:
Neither the state nor any county, municipality, district or other political subdivision, or any department thereof, nor any public agency, nor any public officer, board or body acting in its official capacity, shall be required to pay the fees or charges provided for in this code or in the general fee schedule. (1972 Code § 2.16.030)
1.44.040 RECOVERY OF PUBLIC SAFETY SERVICE COSTS:
A. Findings And Intent:
1. Pursuant to article XIIIB of the California constitution, it is the intent of the city council, to the extent allowed by law, to require the ascertainment and recovery of costs reasonably related to fees and charges for providing the public safety services hereinafter enumerated in this chapter.
2. The fee and service charge revenue/cost comparison system set forth in this section provides a mechanism for ensuring that fees adopted by the city for services rendered do not exceed the reasonable estimated costs for providing the services for which the fees are charged.
3. The adoption of this section is exempt from the California environmental quality act (California Public Resources Code section 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operation expenses of city departments, as set forth in California Public Resources Code section 21080(b)(1). (1972 Code § 9.19.010)
B. Authority Of City Manager:
1. The city manager is delegated the authority and directed to provide documents to the city council to implement the policies set forth herein to adjust fees and charges to recover the percentage of costs reasonably borne as established hereby, in providing the services listed in subsection A of this section.
2. The city manager is delegated the authority to issue executive orders defining terms and setting out administrative fee collection and other financial procedures.
3. The term "costs reasonably borne" shall be as defined in subsection C of this section. 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 the article and the procedure set hereby by applicable state law. (1972 Code § 9.19.020)
C. Definition: "Costs reasonably borne", as used in order to be applied in this section, are to consist of the following elements:
1. 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.
2. All applicable indirect costs, including, but not restricted to, building 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.
3. General overhead, expressed as a percentage, distributing and charging the expenses of the city council, city attorney, the city manager, city clerk, finance department and all staff and support service provided to the entire city organization.
4. 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 C1, C2 and C3 of this section. (1972 Code § 9.19.030)
D. Scheduled Fee And Service Charges:
1. Each fiscal year the city shall establish the services for which fees will be charged, and all fees for such services, by way of resolution amending the city "cost for service fee schedule".
2. Annually the city manager, finance director, the chief of police and the fire chief, under direction of the city manager, shall review the services, fees and service charges, and provide an adjusted list of services, fees or charges to the city council for consideration and incorporation into the city "cost for service fee schedule". All such services, fees and charges established by resolution for each fiscal year shall supersede the services, fees and charges of the previous fiscal year. (1972 Code § 9.19.040; amd. 2003 Code)