Rohnert Park Municipal Code Ch. 3.32 Cost Recovery—fee and Service Charge System

The purpose and intent of this chapter are:

A. To establish and codify a system of fees for the recovery of the costs of the city in providing certain services, products and regulatory activities.

B. To provide for the collection and periodic review of such fees.

(Ord. 717 § 1 (part), 2004)

A. "Applicant" means the individual or entity requesting any service from the city.

B. "City" means the City of Rohnert Park, Sonoma County, California.

C. "City clerk" means the city clerk of the City of Rohnert Park or his/her designee.

D. "City council" means the city council as the legislative body of the city.

E. "City manager" means the city manager of the City of Rohnert Park or his/her designee.

F. "Cost Recovery Fee" means any fee established under this chapter to recover the costs of the city in providing a service.

G. "Service" means: (1) any activity provided by the city for the direct and measurable benefit of specific individuals, entities or properties; or (2) any activity provided by the city in response to the specific request of individuals or entities; or (3) any regulatory oversight provided by the city that can be reasonably attributed to activities affecting specific individual, entities or properties.

(Ord. 717 § 1 (part), 2004)

A. Categories of Costs to be Recovered. The following will be considered in establishing any cost recovery fee:

1. Direct costs including, but not limited to, salaries, wages, overtime, fringe benefits, contract services and any other direct expense incurred in providing the service;

2. Indirect costs including, but not limited to, maintenance and operations of city buildings and equipment, communication expenses, computer costs, printing and reproduction, vehicle expenses, insurance, debt service, depreciation expenses and other indirect costs when distributed as a percentage of direct costs;

3. General overhead including, but not limited to, the costs of the city, its city council, its officials and departments distributed as a percentage of direct cost.

B. Annual Review. Annually and in conjunction with the city's budget process, the city manager shall make or cause to be made a written report to the city council on the cost recovery program for the next fiscal year. The report shall be considered by the city council at a public meeting and shall include the following information:

1. The services for which cost recovery fees are charged;

2. The amount of the cost recovery fee charged for each service;

3. The percentage of actual costs recovered by each cost recovery fee;

4. Whether or not the fee includes an annual escalator;

5. The year in which the fee was last comprehensively reviewed; and

6. Recommendations for modifications to the services for which cost recovery fees are charged, the amounts of cost recovery fees or the percentage of costs recovered in order to assure that the cost recovery fees continue to recover the reasonable and proportional share of costs from applicants requesting services.

C. Term. This chapter shall remain in effect unless and until repealed, amended or modified by the city council under applicable law.

(Ord. 717 § 1 (part), 2004)

(Ord. No. 949, § 2, 8-11-2020)

A. Established. Cost recovery fees are to be established by resolution and are applicable to all requests for any service to support the cost of providing the service or services requested.

B. Schedule of Fees. The city council shall, by resolution, set forth (1) the list of services for which cost recovery fees are established, (2) the portion of the actual cost that is to be recovered through each cost recovery fee, and (3) the specific amount of the cost recovery fee.

The cost recovery fees shall not exceed the reasonable costs incurred by the city in providing the services nor shall the cost recovery fees exceed any maximum limit prescribed by State law.

(Ord. 717 § 1 (part), 2004)

A. Fees of one thousand dollars or less. Any cost recovery fee under one thousand dollars shall be paid by applicant at the time of the request for services.

B. Fees of More than One Thousand Dollars. For any cost recovery fee exceeding one thousand dollars, the city may enter into an agreement with the applicant to provide for payment, with appropriate allowance for indirect costs and overhead, as the costs giving rise to the cost recovery fees are incurred. The form and content of such agreement is subject to city council approval.

C. Collection Procedures. The city manager, upon consultation with the head of each city department affected by any cost recovery fee, is authorized and directed to issue administrative procedures consistent with this chapter to facilitate the provisions of this chapter, including the establishment and collection of the cost recovery fees.

(Ord. 717 § 1 (part), 2004)

A. Protest. An applicant may protest the imposition of any cost recovery fee only after paying such fee and by filing a written protest specifying the reasons for such protest with the city manager within thirty days of such payment. Within thirty days of the filing of such protest, the city manager shall determine whether the costs recovery fee or any part of it was incorrectly determined and/or inconsistent with the provisions of this chapter and so inform the applicant and the city council in writing.

B. Appeal. To the extent that the applicant is not satisfied with the city manager's decision, the applicant may appeal all or part of the decision in writing to the city clerk with copy to the city manager. Within thirty days of the filing of such appeal, the city council, by resolution, shall establish a date for a public hearing on such appeal which date shall be at least thirty, but not more than ninety days from the date of such resolution. At the conclusion of such hearing, the city council may adjust the amount of the cost recovery fee and/or the percentage share based upon expressed findings that the adjustment is necessary in order to assure that the amount to be paid does not exceed the reasonable costs incurred by the city in providing the service. The determination of the city council is final.

(Ord. 717 § 1 (part), 2004)

A. Liberal Construction. This chapter shall be liberally construed in order to effectuate its intent and purposes.

B. Conflict. To the extent of any conflict between other city ordinance, resolution or regulation and this chapter, this chapter shall control.

C. Validity. The failure of any person to receive a notice, resolution order or other matter shall not affect in any way whatsoever the validity of any proceeding taken pursuant to this chapter or prevent the city from proceeding with any hearing so noticed.

(Ord. 717 § 1 (part), 2004)