Ordinance 1990-05OP~DINANCE NO. 90 - S
AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 7 OF THE GILROY CITY CODE
ENTITLED "COST COMPARISON SYSTEM FOR FEE AND SERVICE CHARGE REVENUE".
THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
SECTION I. Chapter 7 of the Gilroy City Code is enacted to read as
follows:
CHAPTER 7
COST COMPARISON SYSTEM FOR FEE
AND SERVICE CHARGE REVENUE
Sec. 7.1. 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 Section.
Sec. 7.2. Delegation of authority ~nd direction to ~y 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 Section in the
percentage of costs reasonably borne and on the schedule of fee and service charge
rate review and revision as hereinafter established.
"Costs reasonably borne" shall be as defined in Section 7.3. 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.
Sec. 7.3. "Costs reasonably borne" defined.
"Costs reasonably borne", as used and ordered to be applied in this
Chapter are to consist of the following elements:
me
Ail 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.
be
Ail 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.
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Fixed assets recovery expenses, consisting of depreciation
of fixed assets, and additional fixed asset expense recovery
charges calculated on the current estimated cost of
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ORDINANCE NO. 90 -5
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.
General overhead, expressed as a percentage, distributing
and charging the expenses of the City Council, City
Administrator, City Clerk, Elections, City Treasurer,
Finance Department, City Attorney, unallocated Non-
Departmental expenses, and all other staff and support
service provided to the entire City organization as now
organized and as it may be reorganized at any time in the
future.
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.
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Departmental overhead, expressed as a percentage,
distributing and charging the cost of each department head
and his or her supporting expenses as enumerated in sub-
sections a, b, and c of this Section.
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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.
Sec. 7.4. Schedule of fees and service charges.
The City Administrator, and each City department head, under the direction
of the City Administrator, shall review the fees and service charges 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, and to take all actions
necessary to accomplish and to carry out the policy of the City Council established
by this Chapter.
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ORDINANCE NO. 90 -5
Regulation, Product
or Service
Percentage of Costs
Reasonably Borne
To Be Recovered
Review
Schedule
1. Building Plan Checking .................. 100%
2. Building Inspection ..................... 100%
3. Moving/Demolition Rev. & Insp ........... 100%
4. Special Inspection ...................... 100%
5. Building Plan Change Review ............. 100%
6. Fire Protection System & Insp ........... 100%
7. Preliminary Project Review .............. 0%
8. Annexation Review Fees .................. 100%
9. Initial Study Review .................... 100%
10. Expanded Initial Study Review ........... 100%
10.a City Preparation of Initial Study ...... 100%
11. Architectural & Site Review ............. 100%
12. Environmental Impact Rep.Rev ............ 100%
13. Conditional Use Review .................. 100%
14. Variance Review ......................... 100%
15. Minor Deviation Review .................. 100%
16. Zone Change Review ...................... 100%
17. Zoning Ordinance Amend. Rev .............. 100%
18. General Plan Amend.Rev .................. 100%
19. Urban Area Service Review ............... 100%
20. Residential Dev.App. (RDO) .............. 100%
21. Williamson Act Review ................... 100%
22. Zoning Code Enforcement ................. 0%
23. Smoking Area Enf. Desg. Rev ............. 100%
24. Home Occupation Review Fees ............. 0%
25. Sign Review ............................. 100%
26. Building Appeal Processing .............. 100%
27. Planning Appeal Processing .............. 0%
27.a Requests for Continuance ............... 100%
28. Development Time Ext. Rev ............... 100%
29. Mobile Home Rent Review ................. 100%
30. Tentative Tract Map Review .............. 100%
31. Tentative Parcel Map Review ............. 100%
32. Subdivision Check ....................... 100%
33. Curb/Sidewalk Rev. & Insp ............... 100%
The 0% recovery should be for tree-driven
repairs. 100% recovery for all others.
34. Wide/Oversize Vehicle Rev ............... 100%
35. Certificate of Compliance Rev ........... 100%
36. Assistance in Emergencies ............... 100%
37. Special Curb Marking Req. Rev ........... 100%
38. Improvement Plan Checking ............... 100%
39. Improvement Constr. Insp ................ 100%
40. Requested Special Eng. Anal ............. 100%
41. Erosion Rev. & Inspection ............... 100%
42. Reapportionment of Exist. Assessment .... 100%
43. Right-of-Way Vacation Rev ............... 100%
44. Landscape Planting Check ................ 100%
45. Business Regulation ..................... 100%
46. General Code Enforcement ................ 100%
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ORDINANCE NO. 90 - 5
Regulation, Product
or Service
Percentage of Costs
Reasonably Borne
To Be Recovered
Review
Schedule
47. Parking Enforcement .....................
48. Vehicle Code Enforcement ................
49. Bicycling Licensing .....................
50. Concealed Wpns. App. Rev ................
51. Fingerprint Processing ..................
52. Police/Fire Report Copying ..............
53. Police Photo Sale .......................
54. Police Accident Invest ..................
The 0% recovery for level 1 reports and
100% recoveries for those level 2 and 3
reports that must be written and sub-
mitted to some agency out of police
headquarters.
55. Vehicle Equip. Insp. & Cert .............
56. Police False Alarm Response .............
57. Recovered Equipment Storage .............
58. Prov. of Special Pol. Svc ...............
59. Towing Service Rev. & Insp ..............
60. Funeral Escort Service .................
61. Individual Registration .................
62. DUI Arrest Processing ...................
63. Abandoned Veh. Rem. & Proc ..............
64. Call Back Police Services ...............
65. On-Site Video Taping ....................
66. School Truant Apprehension ..............
67. Public Safety Standby ...................
68. Auto/Home Lockout .......................
69. Fire Permit Inspection ..................
70. Follow-Up Fire Inspections ..............
71. Rev. & Insp. of Firewks Bths ............
72. Hazard. Mat. Storage Insp ...............
73. Fire Flow testing Insp ..................
74. Hazardous Materials Clean-Up ............
75. Weed & Nuisance Removal .................
76. Reponse to Fire False Alarms ............
77. Fire Suppression Standby ................
78. State Mandated Fire Insp ................
79. Chair & Table Rental/Del ................
80. Park Concessions ........................
81. Building Rental .... ~ ....................
82. Park Facility Use .......................
83. Picnic Kit Rental .......................
84. City Adult Softball Program .............
85. (deleted) ...............................
86. Museum Cultural Programs ................
87. Adult Rec. & Craft Classes ..............
88. Youth Rec. & Craft Classes ..............
89. Special Events ..........................
100%
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75%
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75%
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25%
12%
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Per Class
Per Class
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ORDINANCE NO. 90 - 5
Regulation, Product
or Service
Percentage of Costs
Reasonably Borne
To Be Recovered
Review
Schedule
90. City Youth Sports Program ..............
91. Private Adult Ballfield Mtc ............
92. Private Youth Ballfield Mtc ............
93. Adult Basketbal Program ................
94. Senior Programs..~ .....................
95. Trips and Tours ........................
96. Recreational Swimming ..................
97. Swimming Lessons .......................
98. Swim Team Pool Use .....................
99. Pre-School Program .....................
100. Therapeutic Recreation Prog ............
101. Garlic Festival Assistance .............
102. Activity Guide Ad ......................
103. Utilities Svcs. Init ...................
104. Water Service ..........................
105. Water Meter Testing ....................
106. Water Delinquency Coll .................
107. Water Meter Installation ...............
108. Back Flow Inspection ...................
109. Private Back-Flow Device Test ..........
110. Utility Line Location ..................
111. Portable Water Meter Ren ...............
112. Private Water Pressure Test ............
113. Sanitary Sewer Svc .....................
114. Indust. Sew. Dischrg. Allow ............
115. Ind. Sewage Dischrg. Insp ..............
116. Septic Sewage Treatment ................
117. Agri. Waste Treatment ..................
118. Sewer Stoppage Invest ..................
119. Golf Course Mtce .......................
120. Utility Street/Alley Usage .............
121. Refuse Street/Alley Usage ..............
122. Street Lighting ........................
123. R.O.W. Landscape Maintenance ...........
124. Street Tree Maintenance ................
125. Commercial Street Sweeping .............
126. Leaf Removal ...........................
127. Storm Drainage Maintenance .............
128. Downtown Parking Lots Maint ............
129. Sweeping State Highway .................
130. Maint. & Opn. of Council Chbrs., .......
131. New Bus. Lic. Applc. Proc ..............
132. Refuse Billing Service .................
133. NSF Check Processing ...................
134. Agenda/Minute/Summ. Mail ...............
135. Building Permit Subscription ...........
136. Audio Transcript Repro .................
137. Leased City Buildings ..................
25%
100%
25%
50%
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29%
100%
75%
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50%
100%
25%
100%
100%
100%
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*To be determined.
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ORDINANCE NO. 90 - 5
Regulation, Product
or Service
Percentage of Costs
Reasonably Borne
To Be Recovered
Review
Schedule
138. Microfilm Copying ...................... 100%
139. City Code Copy Sales ................... 100%
140. Printed Material Sale .................. 100%
141. Copying of Document .................... 100%
142. Document & Inform. Certif .............. 100%
143. Research Service ....................... 100%
............. Annual
..... ...... .. Annual
..., ....... .. Annual
............. Annual
...... ....... Annual
......... .... Annual
*To be determined.
Ail fees and charges set pursuant to this Section shall take effect after
the City Council has duly passed, by Resolution, the City of Gilroy's
"Comprehensive Fee Schedule". Said Fee Schedule will be adopted by Resolution at
least annually by the City Council after a Public Hearing. The City Clerk shall
cause notice to be provided as set out in Government Code Section 6062.a.
Sec. 7.5. 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 II. All Ordinances, Municipal Code Sections, Resolutions, City
Council Motions, and all actions of all City Boards, Commissions, and Committees in
conflict herewith are hereby repealed.
SECTION III. This ordinance shall take effect and be in force thirty (30)
days after its passage.
PASSED AND ADOPTED this 19th day of
March , 1990, by the
following vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ
and HUGHAN.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST:
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APPROVED:
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 90-5 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 19th day of March , 19 90 ,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this
19 90.
/City Clerk of the City of Gi~
(Seal)
20th day of March ,