Monterey Municipal Code Art. 4 FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM Revised

a.The City Manager is delegated the authority and directed to provide documents to the City Council to implement the policies set forth herein to adjust fees and charges to recover the percentage of costs reasonably borne as established hereby, in providing the regulation, product or service listed in Section 19-103 of this Article.

b.The City Manager is delegated the authority to issue Executive Orders defining terms and setting out administrative, fee collection and other financial procedures.

c.The term “costs reasonably borne” shall be as defined in Section 19-102 below. 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 Article and the procedures set hereby and by applicable State law.

“Costs reasonably borne,” as used and ordered to be applied in this Chapter are to consist of the following elements:

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 the City Council, City Attorney, City Manager, Information Resources Department/City Clerk, Finance Department, Personnel Office, and City Promotion, and all other staff and support service provided to the entire City organization. Overhead shall be prorated between tax-financed services and fee-financed services on the basis of said percentage so that each of taxes and 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 or required or established 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. (Ord. 3472 § 8, 2012)

a.Unless otherwise specified by resolution, the fees and service charges listed in general categories below and in detail in the City’s “Master Fee Schedule” shall be automatically adjusted annually in July for Consumer Price Index (CPI) increase so as to recover the listed percentage of costs reasonably borne necessary to provide the listed regulation, product or service. The CPI increase shall be based on the published CPI for San Francisco Area (San Francisco – Oakland – San Jose) April Edition and rounded to the nearest 50 cents unless a different edition or rounding is otherwise specified by resolution. The City Manager, Finance Director and each City department head, under the direction of the City Manager, shall review the fees and services charges periodically and provide, if necessary, an adjusted fee or charge schedule to the City Council for its consideration, in place of or in addition to the automatic annual CPI increase. A full analysis of City costs reasonably borne, as defined in Section 19-102, shall be conducted not less than every five years.

b.The services listed in subsection (a) of this section shall be as defined in that certain document entitled “Cost Control System for the City of Monterey” dated April, 1991, as produced by Management Services Institute, Inc., of Anaheim, California.

c.The fees and charges set pursuant to this Article shall take effect immediately upon the passage of a resolution by the City Council setting forth said specific fee amounts, with the exception of Development Project fees which, pursuant to Government Code Section 66017, may not become effective until 60 days after passage of the resolution adopting same; and with the exception of the annual automatic CPI adjustment, which shall take effect every July 1 and shall not require passage of a resolution by the City Council.

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, ordinance, resolution, indenture, contract, or action under which securities have been issued by the City which contain any coverage factor requirement.

e. Appeal Fee Waivers.

1.Notwithstanding the percentage of costs reasonably borne set forth in subsection (a) of this section, any person who intends to file an appeal, the cost for which is to be recovered under subsection (a)(I)(11) of this section, Development Services, Appeals; or subsection (a)(VI)(13) of this section, Administrative Services, Appeals staffed by City Attorney’s Office, and who is financially unable to pay the fee as required by the Master Fee Schedule, may file a request for a fee waiver which shall include an affidavit as described in subsection (e)(3) of this section.

2.The request shall be filed with the Finance Department on a fee waiver application form, available from the Finance Department, on or before the deadline to file the appeal. Submission of a fee waiver application does not extend the deadline to file an appeal under Section 38-207 for Community Development Department appeals or any applicable deadline to appeal to the Appeals Hearing Board, the Building and Housing Appeals Board, or the Disabled Access Appeals Board. Failure to submit either a fee waiver application form or the appeal fee on or before the deadline to file the appeal shall mean that the appeal is untimely.

3.The City may waive the appeal fee if, in advance of the deadline to file the appeal, the appellant submits to the City a fee waiver application form, signed under penalty of perjury, together with any supporting documents or materials, demonstrating the person’s actual financial inability to pay the fee.

4.An application for the advance deposit hardship waiver shall be granted under any of the following criteria:

i.The applicant is receiving public benefits under one or more of the following programs:

(1)Supplemental Security Income (SSI) and State Supplementary Payment (SSP).

(2)California Work Opportunity and Responsibility to Kids Act (CalWORKs) or a federal Tribal Temporary Assistance for Needy Families (Tribal TANF) grant program.

(3)Supplemental Nutrition Assistance Program or the California Food Assistance Program.

(4)County Relief, General Relief (GR), or General Assistance (GA).

(5)Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI).

(6)In-Home Supportive Services (IHSS).

(7)Medi-Cal.

(8)California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program).

(9)Unemployment compensation.

ii.The applicant’s monthly income is two hundred (200) percent or less of the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services.

iii.An applicant does not have enough income to pay for household basic needs and the advance deposit. This is verified through additional documentation regarding the person’s income, household income, money, and monthly deductions and expenses.

5.An applicant that owns or has an interest in real property in Monterey County is ineligible for a waiver under this subsection.

6.If the City decides to deny the advance deposit hardship waiver application, a written determination listing the reasons for said denial shall be issued. The written determination to deny the waiver shall be final.

7.The written determination of the City’s denial of the advance deposit hardship waiver shall be served by mail upon the person who applied for the waiver. (Ord. 3721 § 3, 2026; Ord. 3676 § 3, 2023; Ord. 3662 § 3, 2023; Ord. 3661 §§ 3, 4, 2023; Ord. 3606 §§ 6, 7, 2019; Ord. 3596 § 3, 2019; Ord. 3584 § 1, 2018; Ord. 3561 § 2, 2017; Ord. 3553 §§ 2, 3, 5, 2016; Ord. 3515 § 2, 2015; Ord. 3502 § 2, 2014; Ord. 3464 § 6, 2011; Ord. 3462 § 2, 2011; Ord. 3427 § 2, 2009; Ord. 3310, 2002)

a. Public Hearing.The City Council periodically shall receive at a regularly scheduled meeting oral and written presentations concerning development project fees and charges (as defined in Government Code Section 66000 et seq.) to ensure that increases adequately reflect increases in the cost of services. Such notice, oral and written presentation, and public hearing shall be provided prior to the City Council taking any action on any new or increased project fees or charges in place of or in addition to the automatic annual CPI increase. At least one such public hearing shall be held per the requirements of Government Code Section 66018 or other State law.

b. Notice.The City Clerk shall cause notice of said public meeting to be provided as set out in Government Code Sections 66016, 66019 and 6062a. Said notice shall contain the time and place of the hearing, a general explanation of the matter to be considered, and a statement that the data required by Government Code Section 66016 (as set forth in subsection (c) of this section) is available for public inspection.

c. Provision of Data.Pursuant to Government Code Section 60016 or other state law, at least ten (10) days prior to the required public hearing as set forth in subsection (a) of this section, the City Manager shall make available to the public data indicating the cost or estimated cost required to provide the service for which the fee or charge is levied and the revenue sources anticipated to provide the service, including general fund revenues. The City Manager also shall provide a summary of the present fee and charge schedules and those proposed at such public hearing. (Ord. 3427 § 3, 2009)