Chapter 8.02
COST RECOVERY – FEE AND SERVICE CHARGE SYSTEM

Sections:

8.02.010    Purpose and intent.

8.02.020    Definitions.

8.02.030    General provisions – Applicability.

8.02.040    Cost recovery fees established.

8.02.050    Cost recovery fees – Periodic review.

8.02.060    Cost recovery fees – Collection.

8.02.070    Cost recovery fees – Effective date.

8.02.080    Protests.

8.02.090    Interpretation and conflict.

8.02.010 Purpose and intent.

The purpose and intent of this chapter are:

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

B. To provide for the periodic review and collection of such fees and deposits. (Ord. 2026 § 2, 2011)

8.02.020 Definitions.

A. “Applicant” means the individual or entity requesting any service from the City.

B. “City” means the City of Coronado, San Diego County, California.

C. “City Clerk” means the City Clerk of the City of Coronado 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 Coronado or his/her designee.

F. “Cost recovery fee” means any fee or deposit 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 individuals, entities or properties. (Ord. 2026 § 2, 2011)

8.02.030 General provisions – Applicability.

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 operation of City buildings, equipment and vehicles; communication expenses; computer costs; printing and reproduction; 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. (Ord. 2026 § 2, 2011)

8.02.040 Cost recovery fees established.

A. Established. Cost recovery fees shall be established by resolution and are applicable to all requests for any service to support the cost of providing the service requested. The cost recovery fees can be amended from time to time by resolution of the City Council. Said resolution shall be on file in the office of the City Clerk.

B. Schedule of Fees. When established or modified, the City Council shall, by resolution, set forth: (1) the list of services for which cost recovery fees are established; (2) the full cost to provide the service; and (3) the specific amount of the proposed cost recovery fee. The City Council may also approve by resolution the application of an automatic adjustment to said cost recovery fees based on the Annual Average Consumer Price Index for the San Diego Region for the prior calendar year so long as the adjustment does not exceed the reasonable cost for providing the service.

C. 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. 2026 § 2, 2011)

8.02.050 Cost recovery fees – Periodic review.

At such time as deemed necessary, the City Manager may make or cause to be made a written report to the City Council on the City’s Cost Recovery Program. The report shall be considered by the City Council at a public hearing and shall include the following information:

A. The services for which cost recovery fees are charged or subsidized;

B. The full cost to provide the services;

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

D. Recommended modifications to the cost recovery fees to ensure that the fees continue to recover the reasonable and proportional share of costs of services provided. (Ord. 2026 § 2, 2011)

8.02.060 Cost recovery fees – Collection.

A. Fees of $10,000 or Less. Any cost recovery fee under $10,000 shall be paid by the applicant at the time of the request for services.

B. Fees of More Than $10,000. For any cost recovery fee exceeding $10,000, the City Manager or his designee may, at his/her sole discretion, agree to receive the payment of such fee on terms acceptable to the City to include interest on the balance as the costs giving rise to the cost recovery fees are incurred.

C. Collection Procedures. The City Manager, upon consultation with the Director 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 those for the collection of the cost recovery fees. (Ord. 2026 § 2, 2011)

8.02.070 Cost recovery fees – Effective date.

A. Except as otherwise provided, cost recovery fees for services other than those that apply to the filing, accepting, reviewing, approving or issuing of an application, permit, or entitlement for a development project shall be effective no less than 30 days after the adoption of the resolution imposing the fee.

B. Cost recovery fees that apply to the filing, accepting, reviewing, approving or issuing of an application, permit, or entitlement for a development project will be effective no less than 60 days following their adoption. (Ord. 2026 § 2, 2011)

8.02.080 Protests.

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 10 calendar days of such payment. Within 10 calendar days of the filing of such protest, the City Manager shall determine whether the cost recovery fee or any part of it was incorrectly determined and/or inconsistent with the provisions of this chapter and so inform the applicant. (Ord. 2026 § 2, 2011)

8.02.090 Interpretation and conflict.

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. 2026 § 2, 2011)