Marin County Municipal Code Ch. 16.10 County Service Area Paramedic Fee Schedule and Fire Prevention Fee…

(a) Pursuant to Article XIIIB of the California Constitution, it is the intent of the board of supervisors of the county of Marin to require the ascertainment and recovery of costs reasonably borne from fees, charges and regulatory license fees levied therefrom in providing the regulation, products or services hereinafter enumerated in this chapter.

(b) The fee and service charge cost analysis system set forth in this chapter provides a mechanism for ensuring that fees adopted by the county of Marin for services rendered do not exceed the reasonable estimated cost of providing the services for which the fees are charged.

(c) The adoption of this chapter is exempt from the California Environmental Act (Public Resources Code Sections 21080 et seq.), because it approves and sets forth a procedure for determining fees for the purpose of meeting the operating expenses of the county.

(d) For the fiscal year 2019/2020, the fees listed in Exhibit A reflect the reasonable cost of providing the services reflected in the schedule.

(e) Following the 2019/2020 fiscal year, the board finds that the reasonable costs of providing the services for the fees set forth in Exhibit A, which is attached hereto and incorporated herein by reference, are the fees for 2019/2020 plus three percent increases to the fees and the fully burdened hourly rate that affect the cost of providing the service. Any fee increase above three percent or any additional fees will be set by resolution.

(Ord. 3479 § 1 (part), 2007)

(Ord. No. 3719, § II, 2019)

(a) The fire chief is hereby delegated the authority and directed to provide documents to the board of supervisors to implement its herein enumerated policy to set fees and charges to recover the fully burdened hourly rate of costs reasonably borne as established hereby, in providing the regulations, products and services enumerated in this chapter.

(b) The fire chief is hereby delegated authority to define terms, create administrative processes, fee collection, and financial procedures, and establish effective dates of all fees set by this chapter.

(c) "Fully burdened hourly rate" is defined in Section 16.10.030. In recommending the adjustment of fees and charges, the fire chief shall consider only the standards and criteria established by this chapter, and the procedures set hereby and by applicable state law. All decisions hereunder shall comply in all respects with this chapter.

(Ord. 3479 § 1 (part), 2007)

(Ord. No. 3719, § II, 2019)

"Fully burdened hourly rate" shall reflect the costs reasonably borne by the fire department in providing the listed regulation, product, or services and shall include the following material:

(a) 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.

(b) All 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 service, and like expenses when distributed on an accounted and documented rational proration system.

(c) Fixed asset 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, 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, distributing and charging the expenses of all staff and support service provided to the county. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of said percentage so that each expense of taxes, fees and charges shall proportionately defray such overhead costs.

(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.

(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 of whatever nature or kind. Any required coverage factors and required or established reserves behind 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 county.

(Ord. 3479 § 1 (part), 2007)

(Ord. No. 3719, § II, 2019)

(a) The fire chief shall review no less than annually the fees and service charges listed below and prepare a proposed "master fee schedule" so as to recover up to the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service. Such fee increases shall include the fees relating to the paramedic/ambulance fee schedule and the fire prevention fee schedule set forth in Exhibit A (attached hereto and incorporated herein by reference) and the specific fees outlined in Subsection 16.10.040(c).

(b) The fees for services for fiscal year 2019/2020 are set by this chapter (amended Exhibit A to Chapter 16.10) and the board of supervisors declares that such fees are the reasonable cost of providing the services and the paramedic/ambulance fee schedule and fire prevention fee schedule are amended as set forth in Exhibit A to reflect actual costs. Additionally, the fire department is hereby authorized to charge fees for any miscellaneous services incurred by the fire department that are not specified in Exhibit A at an hourly rate of two hundred and four dollars. Any such fees shall not exceed the costs of the services rendered.

(1) Future increases to these fees beyond what is set forth in this section will be set by resolution and will be effective FY 2020-21.

(c) The following fire prevention fees shall be collected by the community development agency upon submittal of plans to the community development agency. In addition to the fees outlined below, there shall be a surcharge of thirty-two dollars for the actual administrative costs incurred by the community development agency, and thus, an added administrative fee is authorized in addition to the fire prevention fee set forth below:

(1) Planning department discretionary permit review: .....$350.00

(2) Vegetation management plan review in conjunction with a planning department discretionary permit: .....$399.00

(3) Tentative map (land division and subdivision) review: .....$797.00

(4) General review and consulting services (minimum fee): .....$204.00

(After 1-hour, $204.00 per hour and includes services such as technical advisory consulting and reviews of environmental studies)

(d) Annual fee increases: The fire department is authorized to raise the fees set forth in Section 16.10.040(a), (b) and (c), including Exhibit A, three percent each fiscal year beginning FY 20/21 (effective July 1 each year) and to add fees not listed in Exhibit A, for the amount that reflects the cost of providing the service. Any fee increases above three percent, or any additional fees will be set by resolution.

(Ord. 3479 § 1 (part), 2007)

(Ord. No. 3550, § I, 2010; Ord. No. 3608, § I.B, 2013; Ord. No. 3659, § I.B, 2016; Ord. No. 3719, § II, 2019)

Pursuant to California Government Code Sections 66016 and 66018, the county of Marin shall cause notice to be provided as set forth in Government Code Section 6062a, and the board of supervisors periodically, at least annually, shall receive at a regularly scheduled meeting written presentations concerning fees and charges proposed to be increased or added. A resolution, notice, written presentation and public meeting shall be provided prior to the board taking any action on any new or increased fees or charges with respect to the "master fee schedule." Commencing in 2020, at least one such public hearing shall be held annually, if there are new or increased fees beyond what is set forth in this ordinance, per the requirements of Government Code Section 66018. Should there be no fee additional increase or new fees, there is no requirement of an annual public hearing.

(Ord. 3479 § 1 (part), 2007)

(Ord. No. 3719, § II, 2019)

Pursuant to the California Government Code, at least ten days prior to the required public hearing set forth herein, the county of Marin shall make available to the public appropriate data indicating the cost required to support the fees and charges for which changes are proposed to be made or fees or charges imposed. The county of Marin also shall provide a summary of the present fee and charge schedules and those proposed at such annual public hearing.

(Ord. 3479 § 1 (part), 2007)

(Ord. No. 3719, § II, 2019)

(a) Any person who feels that any fee or charge determined and set in the "master fee schedule" is in excess of the percentage of costs reasonably borne to be recovered as set out in this chapter, or that in adopting such "master fee schedule" the provisions of this chapter have not been followed, may appeal in writing to the Marin County Fire Department. Appeals under this section must be filed within ninety days of the adoption of the "master fee schedule."

(b) Such appeal shall be heard within forty-five days of the filing of the appeal. Such appealed fee or charge shall take effect, as originally imposed or as modified, immediately upon the decision following the hearing by the county administrator's office or its designee.

(Ord. 3479 § 1 (part), 2007)

(Ord. No. 3719, § II, 2019)

EXHIBIT A

COUNTY SERVICE AREA 28 PARAMEDIC/AMBULANCE FEE SCHEDULE AND FIRE PREVENTION FEE SCHEDULE

CSA 28 PARAMEDIC/AMBULANCE FEE SCHEDULE

The Board of Supervisors for County Service Area 28 establishes the following fee schedule. The Marin County Fire Department shall charge the following fees for basic life support and advanced life support ambulance and paramedic services furnished by the department pursuant to the creation of County Service Area 28. These fees reflect the actual cost of providing these services.

Based Rate Fee Schedule:

FIRE PREVENTION FEE SCHEDULE

The Board of Supervisors establishes the following fees for the fire department fire prevention bureau. These fees reflect the actual costs of providing the services. The fee schedule reflects the minimum time that county staff will expend on plan check and inspections. Where a minimum is set, that minimum reflects the fact that the plan check and/or inspection will take at least the amount of time that is indicated. Should further time be required, then the rate of two hundred and four dollars per hour shall be applicable. Additionally, the fire department is hereby authorized to charge fees for any services incurred by the fire department when reviewing permit applications or performing services that are not reflected in this Exhibit A at an hourly rate of two hundred and four dollars.

Fees for building fees and permits for work performed and administered by the Marin County Building Department shall be established in the Marin County Code and shall be in addition to, when applicable, fire fees.

(Ord. No. 3550, § I, 2010; Ord. No. 3608, § I.B, 2013; Ord. No. 3659, § I.B, 2016; Ord. No. 3719, § II, 2019)