Ordinance - 1939ORDINANCE NO. 1939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE BY ADDING ARTICLE IX
ESTABLISHING A FEE AND SERVICE CHARGE
REVENUE/COST COMPARISON SYSTEM
THE CITY COUNCIL OF THE CITY OF
WEST COVINA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Article IX (S 2-406 et seq.) of the West Covina
Municipal Code is hereby added to read as follows:
ARTICLE IX
DIVISION 1. FEE AND SERVICE CHARGE REVENUE/COST COMPARISON
SYSTEM
Section 2-406. Findings and Intent.
(a) Pursuant to Article XIIIB of the California Constitution,
it is the intent of the City Council to require the ascertainment
and recovery of costs reasonably borne from fees, charges and
regulatory license fees levied therefor in providing the
regulation, products or services enumerated in the Article.
(b) The fee and service charge revenue/cost comparison system
set forth in this Article provides a mechanism for ensuring that
fees adopted by the City for services rendered do not exceed the
reasonable estimated cost of providing the services for which the
fees are charged, but also fairly charge those using City services.
(c) The adoption of this Article is exempt from the
California Environmental Quality Act (Public Resources Code Section
21000 et seq.), because it approves and sets forth a procedure for
determining fees for the purpose of meeting the operating expenses
of City departments, as set forth in Public Resources Code Section
21080 (b) (8) (1) and Guidelines S 15273, and is not for capital
improvements.
(d) These provisions govern the method of determining service
charges or fees which in the West Covina Municipal Code provides
will be set by resolution of the City Council, unless the amount of
the fee otherwise is set by state or federal law or as provided to
the contrary in this Article.
Section 2-407. Delegation of Authority and Direction to City
Manager.
(a) The City Manager is hereby delegated the authority and
directed to provide documents to the City Council to implement this
policy to adjust fees and charges to recover the percentage of
costs reasonably borne as established by this Article, for
providing the regulation in the percentage of costs reasonably
borne and on the schedule of rate review and revision as hereafter
established in this Article.
(b) The City Manager is hereby delegated the authority to
interpret this Article and the fee schedules, define terms, set out
administrative fee collection, appeal, waiver, refund of deposit
and other procedures and definitions, and otherwise establish rules
and regulations for the development and collection of fees set by
the City Council. All interpretations shall be prepared and signed
by the affected department head, shall be signed by the Finance
Director certifying that the financial requirements of this Chapter
are complied with, and shall be signed by the City Manager
connoting the effective date of the interpretation and new
procedure or definition.
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(c) 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. All
interpretations issued hereunder shall comply in all respects with
this Article, and the several schedules of fees and rates as set by
the City Council by resolution.
• Section 2-408. "Costs Reasonably Borne" Defined.
"Costs Reasonably Borne," as used and ordered to be applied in
this Article 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 the costs of noticing and conducting meetings to set
fees and charges, 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 the 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, City Clerk, City Treasurer, Economic Development, 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.
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Section 2-409. Schedule of Fees and Service Charges.
(a) The City Manager, Finance Director and each City
department head, under the direction of the City Manager, shall
review annually the fees and service charges listed below, and
provide an adjusted fee or charge schedule to the City Council for
its consideration so as to recover the listed percentage of costs
reasonably borne necessary to provide the listed regulation,
product or service.
(b) The City Council may adopt such fees and charges with or
without modifications consistent with this Article by resolution
after complying with the requirements of this Article.
(c) All fees and charges set pursuant to this Article and
Section shall take effect on the date of adoption of a City Council
resolution setting such fees and charges or at a later date set out
in the resolution.
(d) The schedule of frequency of reviews or adjustments of
the fees and charges provided for in this Article may be varied by
the City Manager when he/she deems it necessary or when requested
by the Council.
Percentage of Costs
Reasonably Borne
To be Recovered
Revelation, Product or Service
I. Community Development Services:
S-001
Precise Plan of Design . . . . . . . . . .
. . . 100%
5-002
Development Plan . . . . . . . . . . . . .
. . . 100%
S-003
Conditional Use Review . . . . . . . . . .
. . . 100%
S-004
Temporary Use Review . . . . . . . . . . .
. . . 100%
S-005
Zone Change (Map) Review . . . . . . . . .
. . . 100%
S-006
Area Plan Amendment . . . . . . . . . . . .
. . . 100%
S-007
General Plan Amendment . . . . . . . . . .
. . . 100%
5-008
General Plan Maintenance . . . . . . . . .
. . . 100%
S-009
Minor Variance Review . . . . . . . . .
. . . 100%
S-010
Variance Review -Single Family . . . . . . .
. . . 100%
5-011
Variance Review -Large Expansion . . . . . .
. . . 100%
5-012
Variance Review -Unit Size Excpt . . . . . .
. . . 100%
S-013
Variance Review -Other . . . . . . . . . . .
. . . 100%
S-014
Tentative Tract Map Processing . . . . . .
. . . 100%
S-015
Tentative Parcel Map Processing . . . . . .
. . . 100%
S-016
Conceptual Plan Review . . . . . . . . . .
. . . 100%
S-017
Landscape/Irrigation Plan Check . . . . . .
. . . 100%
S-018
Landscape/Irrigation Inspection . . . . . .
. . . 100%
S-019
Time Extension Review . . . . . . . . . . .
. . . 100%
S-020
Home Occupation Review . . . . . . . . . .
. . . 100%
S-021
Large Family Day Care . . . . . . . . . . .
. . . 100%
S-022
Animal Use Permit . . . . . . . . . . . . .
. . . 100%
S-023
Prospective H/O Awareness Package Rvw . . .
. . . 100%
S-024
Codes, Covenants & Restrictions Rvw . . . .
. . . 100%
S-025
Planning Director Modification Rvw . . . .
. . . 100%
S-026
Processing of Appeal to Ping Comm . . . . .
. . . 100%
S-027
Processing of Appeal to City Council . . .
. . . 100%
S-028
Annexation/Deannexation Processing . . . .
. . . 100%
S-029
Lot Line Adjustment Review:
Residential . . . . . . . . . . . . .
. . . 4 0 %
Commercial •
100%
5-030
Certificate of Compliance Processing . . .
. . . 100%
S-031
Street & Alley Vacation Processing . . . .
. . . 100%
5-032
Sign Review . . . . . . . . . . . . . . . .
. . . 100%
5-033
Annual Sign Inspection . . . . . . . . . .
. . . 100%
S-034
Temporary Sign Review & Inspection . . . .
. . . 100%
5-035
Planning Services to Others . . . . . . .
. . . 100%
5-036
Final Tract Map Check . . . . . . . . . . .
. . . 100%
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Percentage of Costs
Reasonably Borne
To be Recovered
Regulation, Product or Service
I. Community Development Services (continued):
S-037
Final Parcel Map Check:
Residential . . . . . . . . . . . . .
. . . 100%
Commercial . . . . . . . . . . . . . .
. . . 100%
5-038
Engineering On -Site Pln Chk/Insp . . . . .
. . . 100%
S-039
Street Improvement Plan Check/Insp . . . .
. . . 100%
S-040
Storm Drain System Plan Chk/Insp . . . . .
. . . 100%
S-041
Sewer System Plan Check/Insp . . . . . . .
. . . 100%
S-042
Water System Plan Check/Insp . . . . . . .
. . . 100%
S-043
Street Light System Pln Chk/Insp . . . . .
. . . 100%
S-0.44
Underground Utilities Appeal Proc'g . . . .
. . . 100%
S-045
Walls -Retaining & Over Height PC/Insp . . .
. . . 100%
S-046
Grading Plan Check & Inspection . . . . . .
. . . 100%
S-047
Street Address Change Review . . . . . . .
. . . 100%
S-048
Engineering Plan Revision Checking . . . .
. . . 100%
S-049
Easement Processing . . . . . . . . . . . .
. . . 100%
5-050
Excavation Inspection . . . . . . . . . . .
. . . 100%
S-051
Encroachment Permit Processing . . . . . .
. . . 100%
S-052
Street Obstruction Permit . . . . . . . . .
. . . 100%
S-053
Building Plan Check . . . . . . . . . . . .
. . . 100%
S-054
Building Inspection . . . . . . . . . . . .
. . . 100%
S-055
Building Supplemental Plan Chk & Insp . . .
. . . 100%
S-056
Building Permit Extension . . . . . . . .
. . . 100%
S-057
_
Driveway Approach Inspection . . . . . . .
. . . 100%
5-058
Sidewalk Inspection . . . . . . . . . . . .
. . . 100%
S-059
Curb Drain Inspection . . . . . . . . . . .
. . . 100%
S-060
Paving Inspection . . . . . . . . . . . . .
. . . 100%
5-061
Tree Well Inspection . . . . . . . . . . .
. . . 100%
5-062
Special Inspection Service . . . . . . . .
. . . 100%
S-063
Realtor Research Service . . . . . . . . .
. . . 100%
II. Public Safety Services:
5-064
Special Business License Regulation:
Non -Profit . . . . . . . . . . . . . .
. . . 0%
For Profit . . . . . . . . . . . . . .
. . . 100%
S-065
Alcoholic Beverage Permit . . . . . . . . .
. . . 100%
S-066
Zoning Code Enforcement:
Serious Violators . . . . . . . . . .
. . . 100%
Others . . . . . . . . . . . . . . . .
. . . 0%
S-067
Vehicle Code Enforcement . . . . . . . . .
. . . 100%
5-068
Parking Enforcement . . . . . . . . . .
. . . 100%
S-069
Residential Parking Permit Processing . . .
. . . 0%
S-070
Restricted Parking Area Processing:
Handicapped Resident . . . . . . . . .
. . . 0%
Others . . . . . . . . . . . .
. . . 50%
5-071
Police False Alarm Response . . . . . . . .
. . . 100%
S-072
Multiple (Police) Responses . . . . . . . .
. . . 100%
S-073
Stored/Abandoned Vehicle Release . . . . .
. . . 100%
S-075
Statutory Offender Registration . . . . . .
. . . 100%
S-076
Clearance Letter Processing . . . . . . . .
. . . 100%
S-077
Gun Permit . .
100%
5-078
Correction Inspection/Sign-Off
0%
S-079
DUI Accident Response Investigation . . . .
. . . 100%
S-080
DUI Arrest and Report . . . . . . . . . . .
. . . 100%
S-081
Jail Booking . . . . . . . . . . . . . . .
. . . 100%
5-082
Police Crime Report Reproduction . . . . .
. . . 100%
5-083
Police Media Reproduction . . . . . . . . .
. . . 100%
5-084
Crosswalk Protection . . . . . . . . . . .
. . . 100%
5-085
Animal License/Control . . . . . . . . . .
. . . 50%
S-086
Fire Code Enforcement Inspection . . . . .
. . . 0%
5-087
Fire Code Permit Review . . . . . . . . . .
. . . 100%
S-088
State -Mandated Inspection . . . . . . .
. . . 100%
5-089
Second Fire Re -Inspection . . . . . . . . .
. . . .100%
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Percentage of Costs
Reasonably Borne
To be Recovered
Regulation, Product or Service
II. Public Safety Services (continued):
S-090
Fire Alarm System Pln Chk/Insp . . .
. . . . . . 100%
S-091
Fire Suppression System Pln Chk/Insp
. . . . . . 100%
S-092
Private Fire Protection System Test'g
. . . . . . 100%
S-093
Fire False Alarm Response . . . . . .
. . . . . . 100%
S-094
Fire Company Stand -By . . . . . . . .
. . . . . . 100%
S-095
Hazardous Materials Clean-up . . . .
. . . . . . 100%
5-096
Emergency Medical Service . . . . . .
. . . . . . 100%
S-097
Non -Emergency Public Assistance . . .
. . . . . . 100%
5-098
Flood Pumping and Clean-up:
First time in 36 month period .
. . . . . . 0%
Any Additional times in 36 month
period . . 100%
S-099
Fire Incident Report Copying . . . .
. as allowed by Public Records Act
5-100
Underground Tank Install/Removal Insp
. . . . . . 100%
S-101
Fireworks Display Review . . . . . .
. . . . . . 100%
S-102
Weed Abatement . . . . . . . . . . .
. . . . . . 100%
III. Leisure and Cultural Services:
S-103
Youth Sports Programs Support & Coord . . .
. . . 0%
S-104
Adult Contract Recreation Classes . . . . .
. . . 100%
S-105
Senior Contract Recreation Classes . . . .
. . . 75%
S-106
Youth City Rec. Classes/Special Events . .
. . . 50%
5-107
Recreation Prop A Excursions . . . . . . .
. . . 100%
S-108
Senior Prop A Excursions . . . . . . . . .
. . . 100%
S-109
Sports Camp/After School Programs . . . . .
. . . 100%
S-110
Tiny Tots Program . . . . . . . . . . . . .
. . . 50%
S-111
Pre -School Program . . . . . . . . . . . .
. . . 50%
S-112
City Provided Special Events . . . . . . .
. . . 25%
S-113
Senior Special Events . . . . . . . . . . .
. . . 75%
5-114
Senior Travel/Trips . . . . . . . . . . . .
. . . 1001%
S-115
Senior Meals Program . . . . . . . . .
. . . 50%
S-116
Recreation Classes for the Disabled . . . .
. . . 50%
S-117
Swimming Lessons . . . . . . . . . . . .
. . . Var.
5-118
Recreational Swimming . . .
50%
S-119
Handicap Recreation Swim . . . . . . . . .
. . . 10%
S-120
Adult Lap Swimming Program . . . . . . . .
. . . 75%
S-121
Facility Rentals . . . . . . . . . . . . .
. . . Var.
S-122
Mt. Sac Recreation Classes . . . . . . . .
. . . 100%
S-123
YMCA Provided Services . . . . . . . . . .
. . . 50%
IV. Utility and Enterprise Services:
S-124
Water
Service . . . . . . . . . . . . . . .
. . . 100%
S-125
Water
Turn Off/On . . . . . . . . . . . .
. . . 100%
5-126
Water
Turn Off Warning . .
Tag;
100%
5-127
New Water Customer Application Proc.
100%
S-128
Storm
Drainage Service . . . . . . . . . .
. . . 100%
S-129
Sewer
Service . . .
100%
S-130
Sewer
Connection Inspection
100%
5-131
Sewer
Capping Inspection . . . . . . . . .
. . . 100%
S-132
Sewer
Dye Testing . . . . . . . . . . . . .
. . . 100 o
S-133
Backfill of Cesspool/Septic Tank Insp . . .
. . . 100%
V. Maintenance Services:
• S-134
S-135
S-136
General Utility Usage . . . . . . . . . . . . . . 100%
Refuse Utility Street Usage . . . . . . . . . . . 100%
Other Water Utility Street Usage . . . . . . . . 100%
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Percentage of Costs
Reasonably Borne
To be Recovered
Regulation, Product or Service
VI. Finance and Administrative Services:
S-143 New/Changed Business License App. Rev. . . . . . 100%
S-144 Business Tax Renewal Processing . . . . . . . . 100%
S-145 Returned Check (Nsf) Processing . . . . . . . . . 100%
S-146 Agenda/Minutes Mailing Service . . . . . . . . . 100%
S-14 7 Records Research Service ......................... as allowed by Public Records Act
5-148 Document Printing & Copying . . . . . . as allowed by Public Records Act
Section 2-410. Provision of Data Before Hearing.
To the extent required by Government Code Section 66016, as it
may be amended from time to time, at least ten (10) days prior to
the required public hearing set out herein, the City Manager shall
make available to the public appropriate data indicating the cost,
or estimated cost required to support the fees and charges for
which changes are proposed to be made or fees or charges imposed,
and the proposed revenue sources. The City Manager may provide a
comparison of the present fee and charge schedules and those
proposed at such annual public hearing.
Section 2-411. Adoption or Revision of Fee Resolution.
(a) To the extent required by Government Code Sections 66016
and 66018 as amended from time to time, the City Clerk shall cause
notice of a public hearing to consider the adoption of a resolution
establishing or increasing specific fees and service charges
developed pursuant to this Article to be published as set out in
Government Code Sections 6062a. That notice shall provide a
general explanation of the matters to be considered.
(b) At that hearing, the City Council shall receive and
consider all oral and written presentations concerning fees and
charges proposed to be increased or added prior to taking any
action on any new or increased fees or charges.
Section 2-412. Inapplicability.
This Article does not apply to Article 14, Article II
(business license taxes or fees); taxes set out in Chapter 21; or
to cable, solid waste or other franchise fees (see, for example,
Chapter 11); to water or sewer rates (West Covina Municipal Code
§23-236) or standby rates; to assessment established under other
procedures; to fees on development (West Covina Municipal Code §§
20-40 and 26-204) ; to any fees or utility charges set by state law;
or to fees and charges specifically exempted herefrom.
SECTION 2. Section 7-112 of the West Covina Municipal Code
is amended to read as follows:
Section 7-112. Relocation Permit Fees.
The fees for a relocation permit shall be set by City Council
resolution. In addition to the relocation permit fee, an
inspection fee set by resolution of the City Council also shall be
charged. All fees shall be paid at the time the permit application
is filed.
SECTION 3. Section 14-44 of the West Covina Municipal Code
shall be added to read as follows:
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Section 14-44. Processing Fees.
In addition to the license fees or taxes set out herein, a
business license application, renewal or change fee shall be
charged to recover the City's costs for such processing.
SECTION 4. Section 14-37(c) shall be added to the West
Covina Municipal Code to read as follows:
(c) The City may recover its costs of audit or subpoenaing as
set out in this Section and Section 14-68, as such costs are
described in Article IX, Article 2 (§2-406 et seq.). The City also
may recover the costs, including reasonable attorneys fees, of any
litigation, arbitration or other proceeding to recover business
license fees or taxes owing for any reason.
SECTION S. West Covina Municipal Code Section 15-86(a)
shall be amended to read as follows:
(a) When any loud or unruly assemblage occurs or is held
(whether in a residential area or not), and the City's law
enforcement agency is required to respond to the scene (whether or
not in response to citizen complaints), and the senior police
officer at the scene determines that there is a threat to the
public peace, health, safety or general welfare, then that senior
officer shall notify the owner of the premises or the person in
charge of the premises or the person responsible for the assemblage
that that person, or it that person is a minor, that the parents
and guardians of that person will be held personally liable for the
costs of providing police personnel on special security assignment
over and above the normal services provided by the police
department to those premises.
SECTION 6. REPEALER
On their, effective dates, this ordinance shall supersede
conflicting enactments to the extent allowed by law.
SECTION 7. EFFECT ON PENDING ACTIONS AND CURRENT FEES.
Notwithstanding the foregoing, no repeal, change or
modification adopted by this Ordinance or the resolution pursuant
to it shall affect the validity of any underlying Municipal Code
section, Ordinance or resolution, any action or proceeding pending
under them, or any fee or charge previously levied. In the event
of a challenge to this Ordinance or resolution, the fees and
charges in place before the effective date hereof shall remain in
full force and effect.
SECTION 8. SEVERABILITY
If any portion of this Article is found to be unconstitutional
or invalid the City Council hereby declares that it would have
enacted the remainder of this Article regardless of the absence of
any such invalid part.
SECTION 9. EFFECTIVE DATE
This ordinance shall take effect and be in force thirty (30)
days after its passage.
SECTION 10. CERTIFICATION
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This ordinance shall be published one (1) time in The San
Gabriel Valley Tribune, within fifteen (15) days after its
adoption.
PASSED, APPROVED AND ADOPTED this 16th day of August , 1994.
ATTEST:
yor
City o st Covina, California
AM/1-t
City Clerk
APPROVED AS TO FORM:
City Attorney
1, Janet Merry City Clerk of the City of West Covina, do hereby certify
that the foregoing Ordinance No. 1939 was regularly introduced and placed
upon its first reading at a regular meeting of the City Council on the 2nd
day of August, 1994. That thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the 16th day of August,
1994, by the following vote, to wit:
AYES: Manners, Touhey, belong, Herfert, McFadden
NOES: None
ABSENT: None
i z Clerk
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