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Ordinance 1991-15ORDINANCE No. 91-15 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 7, OF THE GILROY CITY CODE PERTAINING TO COST COMPARISON FOR FEES AND CHARGES THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION: I. Section 7.1 is amended to read as follows: Sec. 7.1. Intent (a) 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. (b) The fee and service charge revenue/cost comparison system set forth in this Chapter provides a mechanism for ensuring that fees adopted by the City for services rendered do not exceed the reasonable estimated cost for providing the services for which the fees are charged. (c) The adoption of this Chapter is exempt from the California Environmental Quality Act (Public Resources Code Sections 2100 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of City departments, as set forth in Public Resources Code Section 21080 (b) (8) (1). SECTION II. Section 7.2 is amended to read as follows: Sec. 7.2 Deleqation 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 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 and the procedures set by applicable State Law. SECTION III. Section 7.3 (b) is amended to read as follows: (b) Ail applicable indirect costs including, but not restricted to, building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt services and like expenses when distributed on an accounted and documented rational proration system. ORDINANCE No.91-15 SECTION IV. Section 7.3 (e) is amended to read as follows: (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), (c) and (f) of this section. SECTION V. The introductory paragraph of Section 7.4 is amended to read as follows: 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 provide an adjusted fee or charge schedule to the City Council for its consideration so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service. SECTION VI. The final paragraph of Section 7.4 is amended to read as follows: 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 and noticed and published in accordance with Government Code Section 54992, 54994.1 and 54994.2. SECTION VII. Section 7.5, Severability, is renumbered Section 7.7. SECTION VIII. A new Section 7.5 is enacted to read as follows: Sec. 7.5 Provision of Data Pursuant to the California Government Code, at least ten (10) days prior to the required public hearing set out herein, the City Administrator shall make available to the public appropriate data indicating the cost, or estimated cost required to support the fees and charges for which changes are proposed to be made or fees or charges imposed. The City Administrator also shall provide a summary of the present fee and charge schedules and those proposed at such annual public hearing. A general explanation of such changes also shall be published per the requirements of Government Code Section 6062a. ORDINANCE No.91-15 2 SECTION IX. Section 7.6 is enacted to read as follows: Sec. 7.6 Appeal to City Council (a) Any person who feels that any fee or charge determined and set is in excess of the percentage of costs reasonably borne to be recovered as set out in this Chapter, or that such fee or charge has been reviewed prior to or has not been reviewed within the review schedule as set out herein, may appeal in writing to the City Council. (b) No fee or charge 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. Such appealed fee or charge shall take effect immediately upon hearing by the City Council unless ordered otherwise by the City Council by ordinance amending this Chapter. SECTION X. Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION XI. This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 20th day of May, 1991 by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, MUSSALLEM, NELSON, VALDEZ and HUGHAN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: KLOECKER Mayor ORDINANCE No. 91-15 3 I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 91-15 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 20th day of Nay , 19 91 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the day of Nay Official Seal of the City of Gilroy this 22nd 19 91. -- ~ ~ ~' ~ ~k of the Cit~ (Seal)