Chapter 3.40
FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM

Sections:

3.40.010    Intent.

3.40.020    Delegation of authority and direction to City Manager.

3.40.030    “Costs reasonably borne” defined.

3.40.040    Schedule of fees and service charges.

3.40.050    Public meeting.

3.40.060    Provision of data.

3.40.070    Appeal to City Council.

3.40.010 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. [Ord. 790 § 1, 1987. Code 1987 § 3.32.010].

3.40.020 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 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 LEMC 3.40.030. 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. [Ord. 790 § 2, 1987. Code 1987 § 3.32.020].

3.40.030 “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 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, 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 the taxes, 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), and (C) of this section.

F. Debt service costs, consisting of repayment of principal, payment of interest, 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. [Ord. 790 § 3, 1987. Code 1987 § 3.32.030].

3.40.040 Schedule of fees and service charges.

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 regulations, products or services.

 

Regulation, Product or Service

Percentage of Costs Reasonably Borne to Be Recovered

Review 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 and 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.

Day Care Review and 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

Public Safety Services:

39.

City Code Enforcement

45%

Annual

40.

Traffic Code Enforcement

50%

Annual

41.

Parking Enforcement

25%

Annual

42.

Business Use Review and Inspection

100%

Annual

43.

Animal Regulation

15%

Annual

44.

Regulatory Inspection and Review

100%

Annual

45.

False Alarm Response

100%

Annual

Human Services:

46.

Adult Group Field Rental Maintenance

To Be Determined

Annual

47.

Youth Group Field Rental Maintenance

To Be Determined

 

48.

Community Center Rental Maintenance

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:

25%

Annually through 1972 Act

 

 

September 1988:

50%

Assessment District

 

 

September 1989:

75%

Annually through 1972 Act

 

 

September 1990:

100%

Assessment District

55.

Street Sweeping Services

100%

Annual

56.

Street Tree Maintenance

September 1987:

25%

Annually through 1972 Act

 

 

September 1988:

50%

Assessment District

 

 

September 1989:

75%

Annually through 1972 Act

 

 

September 1990:

100%

Assessment District

57.

Storm Drain Maintenance

January 1988:

50%

Annually through 1972 Act

 

 

January 1989:

100%

Assessment District

58.

Unpaved Street Maintenance

100%

As Maintenance Requested

59.

Vacant Lot Weed Removal

100%

Annual

Administrative Services:

60.

Library Building Rental

By Contract

Annual

61.

School Administration Bldg. Rental

100%

Annual

62.

Chamber/Commerce Bldg. Rental

100% by Contract for Services

Annual

63.

NSF Check Processing

100%

Annual

64.

Sale of Maps and Publications

100%

Annual

65.

Document Copying

100%

Annual

66.

Document Certification

100%

Annual

67.

Records Research Service

100%

Annual

68.

District Risk Management Services

100%

Annual

69.

Redevelopment Operations Administration

Overhead Rate

Annual

70.

Redevelopment Project Administration

Overhead Rate

Annual

New Services

100%

Annual

A minimum fee of $10.00 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 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 coverage requirements of any bond, certificate, or ordinance, resolution, indenture, contract, or action under which securities have been issued by the City which contain any coverage factor requirement.

Assembly Bill 717 became effective January 1, 1996, which mandates and establishes specific certification, training and continuing education requirements for Construction Inspectors, Plans Examiners and Building Officials who are employed by a local agency. The State does not provide reimbursement for this mandate, but does allow the local agency to impose a fee to cover the cost of compliance. The fee to provide and comply with Assembly Bill 717 shall be set by resolution of the City Council of the City of Lake Elsinore. [Ord. 1014, 1996; Ord. 790 § 4, 1987. Code 1987 § 3.32.040].

3.40.050 Public meeting.

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 LEMC 3.40.040. [Ord. 790 § 5, 1987. Code 1987 § 3.32.050].

3.40.060 Provision of data.

Pursuant to Section 54992 of the California Government Code, the City Manager shall, at least 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 Sections 54990 and 54991. [Ord. 790 § 6, 1987. Code 1987 § 3.32.060].

3.40.070 Appeal to City 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 LEMC 3.40.040, or that such fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out in LEMC 3.40.040, 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 the chapter. [Ord. 790 § 7, 1987. Code 1987 § 3.32.070].