Article 2 — Approval and Review of Fees

The purpose of this article is:

(a)

To enable the city, consistent with Article XIIIB of the California Constitution, to recover the city's cost in providing products and services not specifically authorized by any other provision in this code; and

(b)

To establish a system for regular review of city fees and charges.

(Ord. 446 § 2 (part), 1995)

In this article unless the context otherwise requires:

"Total cost" means the total reasonable estimated cost of providing a product or service. The total cost is the sum of the following elements:

(a)

Every direct cost including salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred;

(b)

Every indirect cost including building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, and similar expenses;

(c)

Fixed asset recovery expense, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charge 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, which distributes and charges the expense of the city council and city commissions, city manager, city clerk, elections, finance department, city attorney, unallocated nondepartmental expenses such as rent, and all other staff and support service provided to the entire city organization;

(e)

Departmental overhead, expressed as a percentage, which distributes and charges the cost of each department and its supporting expenses;

(f)

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.

(Ord. 446 § 2 (part), 1995)

In addition to those fees authorized by another provision of this code the city council may set a fee for the following products and services by resolution:

Administrative Services

Agenda service—One year

Copy of printed materials

Dishonored/returned check fee

Lafayette Municipal Budget (copy)

Lafayette Municipal Code (copy)

Processing fee for late payment on city invoices (after 30 days)

Police Services

Copy of other printed materials

Copy of speed survey for city street

Copy of traffic collision report

Crime report

Driving-under-influence charges

Fingerprinting

Parking permits—City lots

Police authorization letters (e.g., VISA letters)

Public Works Services

Damage to city property

Engineering Services

Certificate of compliance

Creek setback conformance review

Creek setback variance request

Encroachment permit—Inspection

Encroachment permit—Processing

Engineering review on referral from planning

Equipment storage in right-of-way

Failure to meet repaving deadline

Final or parcel map filing

House moving

Improvement inspection—Less than $100K

Improvement inspection—More than $100K

Oversize/overweight loads

Pavement trenching—< 2 yr. old overlay

Pavement trenching—> 2 yr. old overlay

Plan check fee—Less than $5K project cost

Plan check fee—$5K to $25K project cost

Plan check fee—$25 to $50K project cost

Plan check fee—Over $50K project cost

Reinspection due to delay

Review by outside consultant

Review of utility operations

Signs in right-of-way

Work without permit

Planning Services

Agenda service

Annexation

Certificate of compliance

Change of address request

Change of conditions

Copy of general plan map and text

Copy of zoning map

Copy of the zoning ordinance

Design review by design review committee

Design review study session

Design review per 2nd floor ord. by design review comm.

Design review per 2nd floor ord. by zoning administrator

General plan amendment

Land use permit—Existing building

Land use permit—New building

Lot line revision

Major subdivision (5 or more lots)

Minor design review by planning director

Minor subdivision

Parking compliance review by parking commission

Planning commission design review—New building

Planning commission design review—Existing building

Right-of-way vacation

Temporary land use permit

Variance by planning commission

Variance by zoning administrator

Waiver for underground utility requirement

Zoning text change/rezoning

(Ord. 446 § 2 (part), 1995)

(a)

The city manager is delegated the authority and is directed to propose the fee and service charges with respect to each of the products and services listed in Section 1-607 and those fees and charges authorized in other sections of this code and to regularly propose adjustment to them in order to recover the costs allowed by law.

(b)

The city's fee or charge for providing a particular product or service may not exceed one hundred percent of the total cost for providing the product or service, unless (1) the issue of charging in excess of the total cost is submitted to the voters and (2) two-thirds of those electors voting on the issue approve (California Constitution Article XIIIB). In every other case, revenue from a fee or charge that exceeds the actual total cost shall not go to the general fund but shall be used to reduce the fee or charge that resulted in excess revenue.

(c)

The city's fee or charge for a particular product or service may not exceed the limit for that product or service otherwise established by state law or other provision of this code.

(Ord. 446 § 2 (part), 1995)

(a)

The city manager shall review the city's total costs for providing products and services every three years. The fees and charges scheduled for review shall be reviewed as part of the city's annual budget process for that year to determine whether and by how much the city's fees and charges must be adjusted to obtain maximum recovery. Review of the city fees and charges shall begin in connection with the 1998 budget process.

(b)

The city manager may review and propose a change to the city's fees and charges more frequently than every third year if:

(1)

A gross inequity would be perpetrated by the existing schedule of fees and charges on a new event; or

(2)

A new city product or service not listed in Section 1-607 is proposed; or

(3)

The cost of a city product or service charges.

(Ord. 446 § 2 (part), 1995)

(a)

Upon completion of the review of fees and charges, the city manager shall prepare a report for the public hearing provided for in Section 1-611. The city manager shall prepare the report proposed in conjunction with the city's annual budget process as a companion document to the city's proposed budget for that year.

(b)

The report shall document the city's total costs for providing the products and services listed in Section 1- 607; the revenue sources, including general fund revenues, to provide the products and services; and any change since the fees and charges were previously set or adjusted. The report shall provide a summary of both the present and the proposed city schedule of fees and charges. The report shall explain each proposed change to the schedule of fees and charges.

(Ord. 446 § 2 (part), 1995)

The city council shall approve by resolution each new fee or charge or increase to an existing fee or charge. Before adopting the resolution, the city council shall hold a public hearing as part of a regularly scheduled meeting at which oral and written presentations can be made on the report and on any proposed change to the schedule of fees and charges.

(Ord. 446 § 2 (part), 1995)

(a)

The city clerk shall provide notice of the time and place of the city council's public hearing in accordance with the requirements of Government Code Sections 66016—66018, depending on which fees or charges the city manager's report proposes for addition or increase. The notice shall include a general explanation of the matter to be considered and a statement of the availability of the city manager's report.

(b)

In accordance with Government Code Sections 66016 and 66017 the city clerk shall, for each of the following fees and charges, provide notice by mail at least 14 days before the public hearing to each interested party who has filed a written request to have such notice:

(1)

Planning service fees under Government Code Section 65104;

(2)

Specific plan fees under Government Code Section 65456;

(3)

Use permit, variance, zone change, building inspection, building permit, subdivision map and planning service fees under Government Code Sections 65909.5 and 66014;

(4)

Subdivision map processing fees under Government Code Section 66451.2;

(5)

Building permit and building record fees under Health and Safety Code Sections 17951, 19132.3 and 19852; and

(6)

Development project fees under Government Code Section 66000.

(c)

For all other fees or charges (unless a specific statutory notice requirement applies), the city clerk shall in accordance with Government Code Section 66018, provide notice by publication for ten days under Section 6062a of the Government Code.

(d)

If the city manager's report adds to or increases two or more fees or charges with one or more being governed by subsection (b) and one or more being governed by subsection (c), then the city clerk shall follow the notice procedure set forth in both subsection (b) and subsection (c).

(Ord. 446 § 2 (part), 1995)

The city manager's report shall be made available to the public at least ten days before the public hearing for consideration of a proposed adjustment to the city's fees and charges.

(Ord. 446 § 2 (part), 1995)