El Centro Municipal Code Art. XIII Fees and Charges

Footnotes:

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Editor's note— Ordinance No. 92-7, adopted May 20, 1992, added provisions designated as a new Art. XII. To avoid duplicative article numbering, such provisions have been redesignated as Art. XIII.

(a) Pursuant to Article XIII B of the California Constitution, it is the intent of the city council to require the ascertainment of costs reasonably borne in providing regulation and services performed by the city and to establish fees and charges to recover all or a portion of said costs as provided for in this article.

(b) The fees and service charge revenue/cost comparison system set forth in this article 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 article is exempt from the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) as it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of city departments, as provided for in

Public Resources Code Section 2108(b)(8)(1).

(Ord. No. 92-7, § 1)

"Costs reasonably borne" as used in this article consist of the following elements:

(1) All applicable direct costs, including salaries, wages, and fringe benefits.

(2) All applicable department overhead, including operating expenses, materials and supplies, repairs and maintenance, other expenses, and capital outlay.

(3) General overhead, expressed as a percentage, distributing and charging the expenses of the city council, city manager, human resources department, city clerk, finance department, city attorney's office, community development department, building maintenance department, and all other staff and support services to the regulation and other services performed.

(Ord. No. 92-7, § 1; Ord. No. 13-11, § 2, 4-2-13)

The council may fix and adjust fees and charges to recover the percentage of costs reasonably borne in providing regulation and other services performed by the city. Any such fee shall be adopted by resolution which shall include the nature of the regulation or other service, the percentage of the cost to be recovered and the fee to be charged.

(Ord. No. 92-7, § 1)

The city manager, not less than annually, shall report to the city council with recommendations to implement the intent of the city council fixing and adjusting fees and charges to recover the costs reasonably borne as established in this article.

(Ord. No. 92-7, § 1)

Any new fee or fee proposed to be increased which is subject to Government Code Section 66016 may be fixed or adjusted following a public hearing in accordance with the requirements of that section. At least ten (10) days prior to any such public hearing, the city manager shall make available to the public the appropriate data including the cost, or estimated cost required to support the fees and charges proposed to be made as well as summary of the present fee and charge schedule.

(Ord. No. 92-7, § 1)

The fees and charges established by this article shall supersede all previously established fees and charges for the same regulation or other service, and all such previous fees and charges shall be suspended upon the effective date of the new fee or charge.

(Ord. No. 92-7, § 1)

If any clause, phrase or sentence of this article is found to be unconstitutional or invalid, then the remainder shall remain in full force and effect.

(Ord. No. 92-7, § 1)