Azusa Municipal Code Div. 3 Fee and Service Charge Revenue/Cost Comparison System

Pursuant to California Constitution article XIIIB, 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 enumerated in this division.

(Code 1971, § 3.08.010)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Costs reasonably borne 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, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction and like expenses when distributed on an accounted and documented rational proration system.

(3) Fixed assets 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.

(4) General overhead, expressed as a percentage, distributing and charging the expenses of the city council, city manager, city clerk, community promotion, human resources, city treasurer, finance department, city attorney, unallocated nondepartmental expenses and all other staff and support service provided to the entire city organization as organized. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of such percentage so that each of taxes and fees and charges shall proportionately defray such overhead costs.

(5) Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his supporting expenses as enumerated in subsections (1), (2) and (3) of this section.

(6) 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.

(Code 1971, § 3.08.030; Ord. No. 98-09, § 2, 6-15-98)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) The city manager is 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 division in the percentage of costs reasonably borne and on the schedule of fee and service charge rate review and revision as established in this division.

(b) 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 division.

(Code 1971, § 3.08.020; Ord. No. 98-09, § 2, 6-15-98)

(a) The city manager 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 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 division:

(a.1)

Pursuant to the authorization contained in Section 5470 et seq. of the California Health and Safety Code, the following rates are hereby established, prescribed, and imposed for payment to the city for services and facilities furnished by the city in connection with its sanitary sewer system, including street sweeping operations.

MONTHLY SEWER FEES - 5% ANNUAL INCREASE

HCF = hundred cubic feet

FY = fiscal year (July 1—June 30)

(b) The services as listed in subsection (a) of this section shall be as defined in that certain document entitled "Cost Control System for the City of Azusa" dated July 21, 1986, as produced by Management Services Institute, Incorporated, and as updated by city staff.

(c) All fees and charges set pursuant to this section shall take effect ten days after the city manager signs an executive order stipulating that all provisions of this section have been complied with and no written appeal has been filed.

(d) 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.

(e) The schedule of frequency of rate adjustments may be varied by the city manager if, in his judgment and that of the requesting department head, a gross inequity would be perpetrated by the rate schedule on a new and unanticipated event.

(Code 1971, § 3.08.040; Ord. No. 98-09, § 2, 6-15-98; Ord. No. 02-02, § 1, 1-7-02; Ord. No. 11-O10, § 1, 7-5-11, eff. 8-1-11)

Pursuant to Government Code §§ 66016 and 66018, the city clerk shall cause notice to be provided as set out in Government Code §§ 66016, 66018 and 6062a, and the city council periodically and at least annually shall receive at a public regularly scheduled meeting oral and written presentations concerning the fees and charges proposed to be increased or added. Such notice, oral and written presentation 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. At least one such public hearing shall be held annually, in conjunction with the city annual budget process and hearing.

(Code 1971, § 3.08.050; Ord. No. 98-09, § 2, 6-15-98)

Pursuant to the Government Code, at least ten days prior to the required public hearing set out in this division, the city manager 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 manager also shall provide a summary of the fee and charge schedules and those proposed at such annual public hearing. A general explanation of such changes also shall be published per Government Code § 6062a.

(Code 1971, § 3.08.060; Ord. No. 98-09, § 2, 6-15-98)

(a) 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 section 2-469 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 2-469 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 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 this division.

(Code 1971, § 3.08.070; Ord. No. 98-09, § 2, 6-15-98)

There is levied a fee of $2.60 per ton on each ton or portion thereof of asbestos and tire matter deposited at the Azusa Land Reclamation, Inc. Landfill ("ALR Landfill"), with such charge to be collected at the same time as any city fees, other tipping fees and landfill charges are collected. The fee shall be collected by the landfill operator and remitted to the city on a quarterly basis. If the ALR Landfill receives a minimum tonnage of 45,000 tons of asbestos and tires combined in a calendar year, the amount received by the city from disposal of asbestos and tires combined at ALR Landfill shall not be less than $125,000.00 per that same calendar year ("Minimum Payment"). If the ALR Landfill does not receive a minimum tonnage of 45,000 tons of asbestos and tire matter combined in a calendar year, then the Minimum Payment shall not be charged by the city. However, $2.60 per ton of asbestos and tire matter shall be charged for any tonnage amounts less than 45,000 tons. The landfill fee is in addition to any other fees, charges or taxes levied on the ALR Landfill.

(Code 1971, § 3.08.080; Ord. No. 2017-08, § 2, 7-7-17)

Editor's note— Ord. No. 2017-08, § 2, adopted July 7, 2017, changed the title of § 2-473 from, "Landfill replacement/expansion fee" to read as herein set out.