Selma Municipal Code Ch. 1 Fees, Rates and Charges

Pursuant to article XIIIB of the California Constitution, it is the intent of the City Council to require the setting and recovery of costs reasonably borne from fees and charges levied therefor in providing the regulation, products or services set forth in a resolution of the City Council.

The City Manager is hereby delegated the authority and directed to adjust fees and charges to recover the percentage of costs reasonably borne in providing the regulation, products or services enumerated as the percentage of costs set forth in the schedule of rates established by resolution of the City Council. In so 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 Chapter.

"Costs reasonably borne" are:

(A) All applicable direct costs including, but not limited to, salaries, wages, fringe benefits, services and supplies, operations expenses, contracted services, special supplies and any other direct expense incurred.

(B) All applicable indirect costs including, but not restricted to, building maintenance, communication, printing and reproduction, and like distributed expenses.

(C) Fixed asset recovery expenses, consisting of depreciation on fixed assets and additional 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 depreciation not previously recovered and reserved in cash also shall be calculated so as to recover such unrecovered depreciation over the remaining life of the asset.

(D) General overhead, expressed as a percentage, distributing and charging the expenses of the City Council, City Manager, Finance Department, City Treasurer, City Clerk, City Attorney, community promotion, personnel and all other staff and support services.

(E) Departmental overhead, expressed as a percentage, distributing and charging the cost of each department head and his or her supporting expenses.

The City Manager, Director of Finance and each department head under the direction of the City Manager shall review the fees and service charges listed and the schedule of frequency listed, and shall set and adjust the fee or charge schedule so as to recover the listed percentage of the estimated reasonable cost of providing the listed regulation, product or service.

The City Manager shall cause notice of any increase in such fees and charges to be provided pursuant to Government Code section 54992. At a public meeting the City Council shall receive oral and written presentations concerning proposed fees and charges described in Government Code sections 54990 and 54991. Such notice and opportunity for public comment shall be provided before the City Council takes any action on any new or increased fees or charges described in Government Code sections 54990 and 54991.

The City Council shall by resolution establish a schedule of fees for services provided pursuant to the following services classifications:

(A) Community Development: These services shall consist of the engineering and planning functions relating to land use and the regulation thereof.

(B) Public Safety: These services shall consist of the police, fire protection, and health and safety functions and the regulation thereof.

(C) Park and Recreation Services: These services shall consist of the parks uses and the recreation programs provided directly by the City or by others under the direction of the said City.

(D) Ambulance Services: These services shall consist of pre-hospital treatment, emergency transport of patients to hospital care, inter-care facility transport and any other service related to emergency health care to the acutely ill or injured.

(E) Maintenance Services: These services shall consist of cleaning, clearing, sweeping, rights of way repair, and maintenance and other special services for the benefit of individuals or others.

(F) Finance and Administrative: These services shall consist of business and supportive services related to business office functions, billing, accounting report preparation and related services.

The resolution establishing the system of fees for services shall indicate the percentage of the actual costs of providing the service that shall be recovered by the fees.

The fee schedule shall be reviewed and updated periodically, but not less than annually, to set fees that will recover costs reasonably borne in providing the services required.

Revenue received from the charge of service fees shall be deposited in the General Fund to reimburse the expenditures to provide the services.

Pursuant to section 54992 of the California Government Code, the City Manager shall, at least ten (10) days prior to the required public meeting set out in said Government Code section, make available to the public data indicating the cost or estimated cost required and the revenue sources anticipated, including General Fund revenues, to provide the services set out in Government Code sections 54990 and 54991.

Any person who feels that any fee or charge determined by the City Manager pursuant to the directions in this Chapter is in excess of the percentage of costs reasonably borne to be recovered as set forth in resolution of the City Council, or that such fee or charge has not been reviewed within the review schedule as set out in Section 12-1-4, may appeal in writing to the City Council. No fee shall be charged for such appeal.

No fee for which an appeal has been filed shall take effect until heard by the City Council. Such appealed fee or charge shall take effect immediately upon hearing by the City Council unless ordered otherwise by the City Council. The City Council may uphold, modify and uphold or reverse the determination of the City Manager. The decision of the City Council shall be conclusive and final. (Ord. 932, 5-21-90)