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01-17-1995 - Recovery of DUI ChargesTO: City. CouncilV O. ICU Abraham W.'Koniarsky ITEM NJanuar 17, 1995 Finance Director DATE Y ® PRINTED ON RECYCLED PAPER SUBJECT: RECOVERY OF DUI CHARGES SUMMARY: The City is currently recovering DUI charges up to the maximum allowed by law. BACKGROUND: This is an informational 'report in response to Councilmember. Touhey's request for additional information concerning the City's recovery of DUI charges. ANALYSIS: On August 16, 1994, the Council adopted Ordinance #1939 (attached) which amended the West Covina Municipal Code by adding Article IX establishing a Fee and Service'Charge Revenue/Cost Comparison System. This put in place the enabling legislation for the Ciry's cost recovery. system pursuant to the study 'conducted by Municipal Services Institute. In the Ordinance, the recovery levels for DUI Accident Response Investigation (S-079) and DUI Arrest and Report (S-080) were set at 100% of costs. However, Resolution 9121 (attached) adopted August 2, 1994, which established the schedule of fees and charges to be implemented, sets DUI recovery at 50% of costs, with the note that the amount recovered actually is a function of state law. State law places a ceiling on such.recoveries at $1,000 per incident. Therefore, the percentage set for recovery has no =tion, once the ceiling is reached. We will correct the percentage in the resolution to 100 % in order to actually recover 100 % of costs, we need to look at: 1) Eli 2) Fir Thus, the City is Staff recommends that Abrahago,W. Koni Financ irector AWK/gmh ORDIN.ART ing the cap in State law; and other methods to maximize cost reimbursement. doing all that is allowed by present law to recover DUI response costs. Council receive and file the report. W ORDINANCE 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 (§ 2-406 et seq.) of the West Covina Municipal Code is hereby added to read as follows: ARTICLE IX DIVISION I. 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 Calif ornia.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 $ 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. F32%4=014123.000312106256.1 =5194 M. (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 wits this Article, and the several schedules of fees and rates as set b� the City Council by resolution. r section 2-408.11"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 theiapproximate 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. 1 J (d), Gener,'�al 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. i A32W8210141254=\2106M.1 0r7W/94 -2 - t 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. Regulation, Percentage of Costs Reasonably Borne To be Recovered Product or Service I. Community Development Services: S-001 Precise Plan of Design . . . . . . . . . .. . . . 100$ 5-002 Development Plan . . . . . . . 0 0 .100% S-003• Conditional Use Review 100% S-004 Temporary Use Review 100% 5-005 Zone Change (Map) Review .'. 100% S-006 Area Plan Amendment 0.. . . 100% 5-007 General Plan Amendment . . . . . . . . . . . 100% S-008 General Plan Maintenance . . . . . . — .-. 100% S-009 Minor Variance Review . . . . . . . . . . . . 100% S-010 Variance Review -Single Family . . . . . . . . . . 100% S-011 Variance Review -Large Expansion . . . .. . . . . 100% S-012 Variance Review -Unit Size Excpt . . . o . . . 100% S-013 Variance Review -Other . . . . . . 100% S-014. Tentative Tract Map Processing . . . o . . 100% 5-015 Tentative Parcel Map Processing . . . . 100% 5-016 Conceptual Plan Review. . o oo . . . . 100% 5-017 Landscape/Irrigation Plan Check . . . . . . . . . 100% 5-018 Landscape/Irrigation Inspection . . 100% S-019 Time Extension Review . . ... . . . . . . • 100% S-020 Home Occupation Review . . . . . . . . . . . 100% S­02.1 Large Family Day Care . . . . . o o . . 100% S-022 Animal Use Permit .. 100% S-0.23 Prospective H/O Awareness Package Rvw . . . . . 10.0% S-024 Codes, Covenants & Restrictions Rvw . . . . . . . 100% S-025 Planning Director Modification Rvw . . . . . . . 100% 5-026 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 o . . . . . . . 40% 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 o . . . . . . 100% 5-036 Final Tract Map Check o . . . . . . . . 100% FS2%"2%0141254MX2106256.1 07/25/94 - 3 - Percentage of Costs Reasonably Borne To be Recovered Regulation, Product or Service I. Community Development Services (continued): S-037 FinalParcel Map Check: Residential .. . . . . . . . ... . . 100% Commercial . . . . . . . . . ... . . . . 100% S-038 Engineering On -Site P1n Chk/Insp . . . . . 100% S-039 Street Improvement Plan Check/Insp . . . . . . . 100% S-040 Storml'Drain System Plan Chk/Insp 100% S-041 Sewer ISystem Plan Check/Insp . . . . . . . . . . 100% S-042 Water System Plan Check/Insp - 100% S-043. Street Light System Pln Chk/Insp. . . . . . . 100% S-044 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% S-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% S-058 Sidewalk.Inspection . . . . . . . . . . . . . 100% S-059 Curb Drain Inspection . . . . . . . . . . . . . 100% S--060 Paving Inspection . . . . . . . . .... . . . . . 100% S-061 Tree Well Inspection . . . . . . . . . . . . . . 100% S-062 • Special Inspection Service . . . . . . . . . ... 100% .S-063'. Realtor Research Service . . . . . . . . 100% 'II. Public Safety Services: S-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% S-068 Parking, Enforcement . . . . . . .. 100% S-069 Residential Parking Permit Processing . . . . . . 0% S-070, Restricted Parking Area Processing: Handicapped Resident . . . . . . . . . . . . 0% Others ... ... 50% S-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$ S-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% S-082 Police Crime Report Reproduction . . . 100% S-083. Police Media Reproduction 100% S-084 Crosswalk Protection , . . . . . . . . . 100% S-085 Animai License/Control . . . . ... . . . ... . . 50% S-086 Fire Code Enforcement Inspection . . . . . . . 0% S-087 Fire Code Permit Review . . . . . . . . . . . . . 100% 5-088 State-�Mandated Inspection . . . . . . . . . . . . 100% S-089 Second Fire Re -Inspection . . . . . . . . . . . . 100% M"2w14125-000=1062M.1 mrisi%' -4— Regulation, Product or service II. Public _safety Services (continued): S-09.0 Fire Alarm System Pln Chk/Insp . . ... . . . 100% S-091 Fire.Suppression System Pln Chk/Insp ... . . . . 100% S-092 Private Fire Protection System Test1g 100% S-093 Fire False AlarmResponse . . . . . . . loot S-094 Fire Company Stand -By' 100% S-095 Hazardous Materials Clean-up . . . . .. loot S-096 Emergency Medical Service . . . . . . . . .. 100% S-097 Non -Emergency Public Assistance . . . . . . . . . 100% S-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 . . . . . .,.aowW by rub6o Rw"& Act S-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% S-107 Recreation Prop A Excursions . loot S-108 Senior Prop A Excursions . . . . . . . . . . . . loot S-109 Sports Camp/After School Programs . . . . . . . 100% S-110.. Tiny Tots Program .. 50t S-ill Pre -School Program . 50% S-112 City Provided Special Events . ... . . . . . . . 25% S-113 Senior Special Events . . . . . . . . . . . . . . 75% S-114 Senior Travel/Trips . . . . .. .. . . . . . . . . 100t S-115 Senior Meals Program . . . . . . . . . 50% S-116 Recreation Classes for the Disabled 50% S-117 Swimming Lessons . . . . : . . . . . . . . . . . Var. S-118 Recreational Swimming . . . . . . ... . . 50t S-119 Handicap Recreation Swim . . . . . . . . lot S-120 Adult Lap Swimming Program .. . . ... . . . . . . 75% S-121 Facility Rentals . . . . . . . . . Var. S-122 Mt. Sac Recreation Classes . . . . . . . . 100t S-123 YMCA Provided Services . . . . . . . . . . . . 50% IV. Utility and Enterprise services: S-124 Water Service 100% S-125 Water Turn Off/On ... ... . . . . 100% S-126 Water Turn Off Warning Tags 100% S-127 New Water Customer Application Proc. o . . 100% S-128 Storm Drainage Service . . . . . . 0 loot S-129 Sewer Service 100% S-130 Sewer Connection Inspection . . . loot S-131 Sewer Capping Inspection .. 100% S-132 Sewer Dye Testing . . ... 100% S-133 Backfill of Cesspool/Septic Tank Insp loot V. Maintenance services: S-134 General Utility Usage . . . . . . . . 100% S-135 Refuse Utility•Street Usage . . . . . . . . 100% S-136 Other Water Utility Street Usage loot FSTM2N014125-00=106256.1 07W/94 -5- Regulation, Product or Service VI.. Finance and Administrative Services: 5-143 New/Changed Business License App. Rev. 1001% S-144 Business Tax Renewal Processing . . . . . . . . . 100% S-145 Returned Check (Nsf) Processing . . . . . . 100% S-146 Agenda/Minutes Mailing Service . . . . . . 100% S-147 Records Research Service ......................... as allowed by Publk Record. Aa 5-148 Document Printing & Copying . . 0. w allowed by PabGe Records A« Section 2-410. Provision of Data Before Hearinca. 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 proposedrrevenue sources. The City Manager may provide a comparison of the present fee and charge schedules and those proposed at suchlannual public hearing. Section 2-411. A'dootion or Revision of Fee Resolution. (a) To thei 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 on 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. Inapolicabilit '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 Iwaste or other franchise fees (see, for example, Chapter 11); to water or sewer rates (West Covina. Municipal Code S23-236) 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. i SECTION 2. i Section 7-112 of the West Covina Municipal Code is amended to read as follows: Section 7-112. Relocation Permit Fees. i The fees for 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: I FSTAM014125-ooa M062s6.1 mnsroa -6- I . 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. j 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 5. 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 urea 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, safetylor general welfare, then that senior of f icer 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 • i On their effective dates, this ordinanceshall supersede conflicting enactments to the extent allowed by law. SECTION T. 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. j SECTION 9. EFFECTIVE DATE This ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 10. CERTIFICATION This ordinance shall be published one (1) time in The San Gabriel Valleyl Tribune, within fifteen (15) days after its adoption. PASSED, APPROVED AND ADOPTED this 16th day of August 1994. IYA V MAyor City 0 st Covina, California ATTEST: I j ej� "fool City Clerk APPROVED AS TO "ORM: City Attorney i . Janet Berry City Clerk of the City of West Covina, do hereby certify that the foregoinglOrdinance 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, 1994.1. 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, L to Wit: L AYES: Manners, Touhey, Wong, Herfert, McFadden NOES: None ABSENT: None C ty. Clerk MWSZ014125-MU106256.1 =2/94 RESOLUTION NO.. 9121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING A SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES WHEREAS, the City of West Covina has conducted an extensive and exhaustive analysis of its services, the costs reasonably borne of providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for special services (the MSI study).; and WHEREAS, the City wishes to comply with both the letter and the spirit of Article XIIIB of the California Constitution and limit the growth of taxes; and WHEREAS, the City desires to establish a policy recovering the full costs reasonably borne of, providing special services of a voluntary and limited nature, so that general taxes are not diverted from general services of a broad nature and thereby utilized to subsidize unfairly and inequitably such special services; and . WHEREAS, the City Council adopted Ordinance No. 1939 on August 16, 1994, establishing its.policy as to the recovery of costs and more particularly the percentage of. costs reasonably borne to be recovered from users of City services and directing staff as to the methodology for implementing that Ordinance; and WHEREAS, pursuant to Government Code S 66018 the specific fees to be charged for services must be adopted by the.City Council by resolution, after providing notice and holding a public hearing; and WHEREAS, notice and publicly available data has been provided per Government Code Sections 66016 and 6062(a), and. the required public hearing held and which oral and written presentations had been made and received; and WHEREAS, a noticed detailed presentation on the cost,,- recovery plan also has been heard and televised; and WHEREAS, the City Council has developed a revised schedule of fees and charges based on the City's budgeted and projected costs reasonably borne for the Fiscal Year beginning July 1, 1994; and i WHEREAS, the fees and charges adopted are for operating expenses and not capital charges; NOW, THEREFORE, the City Council of the City of West Covina does resolve, determine and order as follows: Section 1. Fee Schedule Adoption. The following schedule of fees and charges shall be computed and applied by the various City departments, and be collected by the City Finance Department for the listed special services when provided by the City or its designated contlactors. Section 2.� Separate Fee For Each Purpose. All fees set by this Resolution are for each identified process. Where fees are indicated on a per unit of measurement basis the fee is for each identified unit or portion thereof within the indicated ranges of such units. A. Added Fees. Additional fees shall be required for each additional.'process or service that is requested or required including wherethe requestor's delay increases costs,. or if the original fee charged was too low and in error. B. Refunds. Unless otherwise provided in the West Covina Municipal Code or State law, in the event the person requesting thel service withdraws his/her/its application or FS21482%014125-OO %2106531.1 07/21/94 otherwise terminates the request for service before completion of the provision of the service, or if an error is made in calculating the fee, the City shall determine if any refund-is.owing, based on whether all costs reasonably borne have been incurred or committed, as well as the cost of refunding the fee. ' Any amount not spent or committed shall be refunded,! minus the cost of refunding. Any extra amount charged in error shall be refunded without deduction. Notwithstanding, refund amounts of $20.00 or less shall be refunded. only upon request of the fee payor. i C. Interpretation Of Fee Schedule. Administrative interpretations of this resolution, including but not limited to provisions for waiver and appeal, shall be determined by the City Manager as set out in West Covina Municipal Code § 2-407. Section 3. Fee Schedule. The fees set out in Exhibit A, attached and incorporated here, are hereby approved and.adopted. Section 4. Reasonable Cost Findincx.' The City Council specifi ally adopts the MSI1study attached and incorporated in ExhibitAx. and finds that the fees and. charges adopted do not exceed the reasonable cost of ;the service provided as determined by the MSI study and Ordinance 1939 adopting Chapter 2, Article IX of the West Covina Municipal Code. Section 5. CEOA. ' ! The adoption of this resolution is statutorily exempt from CEQA as it sets fees only for operating expenses. (15273 of the Guidelines.) i Section 6. Repealer. This resolution supersedes those previously adopted'or which are in conflict with it to the extent allowed by law. Section 7% Severability. If any portion of this Resolution is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this. Chapter regardless -of the absence °of- any such invalid part. Section 8. Effective Date. This resolution 9 shall be effective on the effective date of Ordinance No. adopting Chapter 2, Article IX of the West Covina Municipal -Code. I PASSED, APPROVED AND ADOPTED this 2 d day of August , 1994. !/MAYOR// ` ATTEST: CITY CLERK 67 I.hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 2ad_ day of August , 1994, by the following vote of the Council: AYES: Manners, Touhey, Wong, Herfert, McFadden NOES: None ABSENT: Noen APPROVED AS TO FORM: &4CLW S'A n rk Ga _ CITY TTORNEY —� CITY CLERK P32W82%0141254000N2106531.1 07/21/94 -2- FILENAME, RESO.WK1 CITY OF WEST COVINA CHANGES REFLECT AMEND14ENTS BADE BY COUNCIL RECOMMEND. POSSIBLE REF RECOVERY NEW " # SERVICE PROVIDED PERCENTAGE RECOMMENDED NEW FEE REVENUE A A..•.■...�o-r m A"mA. \IT [ern\/Inrn S-001•,'•PRECISE PLAN OF DESIGN.. 100% $75.00 Filing Fee (Non—refundable), Plus $4A00 $56.50/hour of staff time of which $6.00/hour is for S-008 Plus Direct Costs of City Attorney time with City overhead charge 002 DEVELOPMENT PLAN 100% $75.00 Filing Fee (Non-refundable), Plus $0 $56.50/hour of staff time of which $6.00/hour is for S-008 S=003 CONDITIONAL USE REVIEW 100% $75.00 Filing Fee (Non—refundable), Plus $6�300 $56.50/hour of staff time'of which $6.00/hour is for S-008 S=004 TEMPORARY USE REVIEW 25% Charge the MSI fully allocated hourly rate for all personnel involved. $1 800 S-005 ZONE CHANGE (MAP) REVIEW 1000/0 $75.00 Filing Fee (Non—refundable), Plus $0 $56.50/hour of staff time of which $6.00/hour is for S-008 S=006 AREA PLAN AMENDMENT 100% Charge the MSI full allocated hour) rate for all personnel involved. $0 S=007 GENERAL PLAN AMENDMENT 100% $75.00 Filing Fee (Non—refundable), Plus $0 $56.50/hour of staff time of which $6.00/hour is for S-008 S-008 GENERAL PLAN MAINTENANCE 1000/0 $6 per hour collected on other planning services $0 . S-009 MINOR VARIANCE REVIEW 1000/0 Charge the MSI fully allocated hourly rate for all personnel involved $1,500 to a maximum of $1 000. S'-010 VARIANCE REVIEW —SINGLE FAMILY 100% Charge the MSI fully allocated hourly rate for all personnel involved $2,250 to a maximum of $2 000 plus publishingcosts. S.-011 VARIANCE REVIEW —LARGE EXPANSION 100% Charge the MSI fully allocated hourly rate for all personnel involved $2,250 to a maximum of $2 000 plus publishing costs. Ank 12 VARIANCE REVIEW —UNIT SIZE EXCPT 100% Charge the MSI fully allocated hourly rate for all personnel involved $2,250 to a maximum of $2 000 plus publishing costs. S-013 VARIANCE REVIEW=OTHER 100% $75A0 Filing Fee (Non-refundable), Plus $1,900 $56.50/hour of staff time of which $6.00/hour is for S-008 -S-014 TENTATIVE TRACT MAP PROCESSING 100% $75.00 Filing Fee (Non—refundable), Plus $1,000 $56.50/hour of staff time of which $6.00/hour is for S-008 S-015 TENTATIVE PARCEL MAP PROCESSING 100% $75.00 Filing Fee (Non—refundable), Plus $700 $56.50/hour of staff time of which $6.00/hour is for S-008 S-016 CONCEPTUAL PLAN REVIEW 100% $75.00 Filing Fee (Non—refundable), Plus $3,400 " $56.50/hour of staff time of which $6.00/hour is for S-008 S-017 LANDSCAPE/IRRIGATION PLAN CHECK 100% $350 $0 $0 S-018 LANDSCAPE/IRRIGATION INSPECTION 100% $160 $3100 S 019 TIME EXTENSION REVIEW 100% $280 $8 750 S-020 S-021 HOME OCCUPATION REVIEW LARGE FAMILY DAY CARE 1000/0 100% $15 Char a the MSI fully allocated hourly rate for all personnel involved. $3 200 6 i c z: s • FILE NAME: RESO.WK1 CITY OF WEST COVINA SERVICE PROVIDED ANIMAL USE PERMIT PROSPECTIVE H/O AWARENESS PACKAGE RVW CODES, COVENANTS & RESTRICTIONS RVW PLANNING DIRECTOR MODIFICATION REVIEW RECOMMEND. RECOVERY PERCENTAGE 1000/0 100% 100% 100% RECOMMENDED NEW FEE Staff should review the process to simplify the steps involved. $180 plus actual cost of the City Attorney $145 plus actual cost of the City Attorney $75.00 Filing Fee (Non—refundable), Plus $56.50/hour of staff time of which $6.00/hour is for S-008 POSSIBLE NEW REVENUE $0 $0 $0 $350 REF # S=022 - S-023 S-024 S-025 PROCESSING OF APPEAL TO PLNG COMM. 100% $75.00 Filing Fee (Non—refundable), Plus $56.50/hour of staff time of which $6.00/hour is for S-008' $0 026 PROCESSING OF APPEALTO CITY COUNCIL 100% $75.00 Filing Fee (Non—refundable), Plus $56.50/hour of staff time of which $6.00/hour is for S-008 $0 . S-027 ANNEXATION/DEANNEXATION PROCESSING LOT LINE ADJUSTMENT REVIEW 100% 40/100%. Char a the MSI full allocated hourl rate for all ersonnel involved. Residential — $250 Commercial — $625 $0 $3,772 .S-028 S-029 CERTIFICATE OF COMPLIANCE PROCESSING STREET& ALLEY VACATION PROCESSING SIGN REVIEW ANNUAL- SIGN INSPECTION— _ ___- __ TEMPORARY SIGN REVIEW & INSPECTION PLANNING SERVICES TO OTHERS FINAL TRACT MAP CHECK FINAL PARCEL MAP CHECK 100% 100% 1000/0. 50% 100% 100% 100% 40/100% , $210 $620 plus the cost of Plannin Staff time at $50.50 our $65 The Ci should institute fines for non—conformance. $190 for u to 3 si ns at -one location- plus $15 for each addittl $50.50 er hour $40 of $1 000 minimum Residential — $250 Commercial — $625 $0 $0 $0 S-030 S-031 S-032 -S-033 S-034 S-035 S-036 S=037 038 ENGINEERING ON —.SITE PLN CHK/INSP 1000/0 4%.of estimated construction cost 3% over $ 20,000 $1,900 2% over $100,000 $200 minimum STREET IMPROVEMENT PLAN CHECK/INSP 1000/° Suggest that Staff review this service to determine whether the revenue collected matches the cost of the erformina the service. $0 S-039 S-040 STORM DRAIN SYSTEM PLAN CHK/INSP 100% 5% of estimated construction cost 41/o over $ 20,000 $0 3% over $100,000 $200 minimum SEWER SYSTEM PLAN CHECK/I NSP 100% Suggest that Staff review this service to determine whether the $0 revenue collected matches the cost of the perforrning the service. 'S-041 4 .. I l i l - t - SERVICE PROVIDED WATER SYSTEM PLAN CHECK/INSP RECOMMEND. RECOVERY PERCENTAGE 1000/0 RECOMMENDED NEW FEE 5% of estimated construction cost 4% over $ 20,000 3% over $100,000 $200 minimum POSSIBLE NEW REVENUE $0 REF # S-042 STREET LIGHT SYSTEM PLN CHK!INSP 100% Suggest that Staff review this service to determine whether the revenue collected matches the cost of the perform' the service. $0 S-043 UNDERGROUND UTIL APPEAL PROCESSING WALLS —RETAINING & OVER HEIGHT PC/INSP GRADING PLAN CHECK &INSPECTION 100% 100% $680 Suggest that Staff review this service to determine whether the revenue collected matches the cost of the performing the service. $0 $0 =044 S-045 100% Suggest that Staff review this service to determine whether the revenue collected matches the cost of the performing the service. $0 S-046 STREET ADDRESS CHANGE REVIEW ENGINEERING PLAN REVISION CHKNG EASEMENT PROCESSING EXCAVATION INSPECTION ENCROACHMENT PERMIT PROCESSING STREET OBSTRUCTION PERMIT BUILDING PLAN CHECK BUILDING INSPECTION BLDG SUPPLEMENTAL PLAN CHECK & INSP. BUILDING PERMIT EXTENSION RVW DRIVEWAY APPROACH INSPECTION SIDEWALK INSPECTION CURB, DRAIN INSPECTION PAVING INSPECTION TREE WELL INSPECTION 100% 100% 100% 100% $145 $120 $475 Suggest that Staff review this service to determine whether the revenue collected matches the cost of the perforrning the service. $7 500 $5 00 $9 500 $5,600 S-047 S-048 S-049 S'-050 100% 100% 100% $185 $30 plus $1 da Suggest that Staff review this service to determine whether the revenue collected matches the cost of the perforning the service. $1700 $130 $0 S-051 S=052 S-053 1000/0 Suggest that Staff review this service to determine whether the revenue collected matches the cost of the. performing the service. In addition, staff should charge a reinspection fee after the basic inspections.have-been completed and the contractor has. failed to meet Code requirements. $0 - S-054 100% 100% 100% 100% 100% 100% 100% 100% MSI "Full —Burdened" Hourly Rate with aOne—Hour Minimum $80 $80 $0.32/s uare foot $200 minimum —Actual Fee $80 A.C. $0.23/square foot ($ 90 minimum) P.C.C. $0.47/square foot $180 minimum $65 $135 when re uested b a realtor $5 600 $11 800 $4'400 $5$0 $0 $2,200 ,00 $46000 S-055 •S-056 S-057 S-058 S-059 S-060' S-061 5=062 SPECIAL INSPECTION SERVICE FILE NAME: RESO.WK1 CITY OF WEST COVINA REF S-063 REAL PROVIDED RECOVERY PERCENTAG 100% NEW POSSIBLE NEW. 11. YUMIL; 5Art:1 T Jttt V Iur-0 S=064 SPECIAL BUSINESS LICENSE REGULATION S-065 ALCOHOLIC BEVERAGE PERMIT 0/100% City should first determine the degree of review necessary for each permit and then establish a permit fee based on the time, required for that review. $1,000 100% Staff should institute a fee based on the size of the business and the effort involved. $19,300 ZONING CODE ENFORCEMENT VEHICLE CODE ENFORCEMENT 1000/0 First Notice — No Charge Each subsequent notice — Actual Costs Staff should also review City Codes to eliminate problem codes. $49,450 S-066 1000/o Those who are violating the traffic laws are only paying $0.14 on the dollar for the cost of "encouraging" their compliance with the law. Or, put another way, good drivers who obey the traffic laws are paying six times more in taxes to support this service than bad drivers are Paving in fines. $42,000 S-067 PARKING ENFORCEMENT RESIDENTIAL PARKING PERMIT PROCESSING RESTRICTED PARKING AREA PROCESSING POLICE FALSE ALARM RESPONSE MULTIPLE (POLICE) RESPONSES STORED/ABANDONED VEHICLE RELEASE 100%—No 0% 0/50% Change No chan a endin staff review of the process. Handicapped Resident — No charge Commercial Other Resident — $350 $0 $0 $0 S-068 S-069 S ' 070 .1000/0 $15 SUSPEND 100% ACTUA C 05T 40M SS Free -- 1st — 3rd Response in a calander year $50 -- 4th — 6th Response in a calander year — 7th Response in a calander year $ -- 8th and subsequent response in a calander ear $150 -- Party disturbance, s fond response $100 -- Bar disturbance ea response 'City should look into an exclusive franchise for these services. $5,000 $17,430 $0 S-071 S--072 S.=073 S-074 DELETED STATUTORY OFFENDER REGISTRATION CLEARANCE LETTER PROCESSING GUN PERMIT CORRECTION INSPECTION/SIGN—OFF DUI ACCIDENT RESPONSE INVESTIGATION 100% 100% 1000/0 0% 50% $30 $10 minimum $455 or the maximum allowed by law No char a Full cost using MSI "fully —burdened" hourly rate to the extent allowed by the law. OOU $475 $0 $0 $14,000 S-075 S-076 S=077 S-078 S-079 S-080 " DUI ARREST AND REPORT 500/6' Full cost using MSI "fully —burdened" hourly rate to the extent allowed by the law. $80,000 1 JAIL BOOKING 50% $30 S=081 W t .Y j, t.. RECOMMEND. POSSIBLE REF RECOVERY NEW # SERVICE PROVIDED PERCENTAGE RECOMMENDED NEW FEE REVENUE S-082 POLICE CRIME REPORT REPRODUCTION 100% $10 or the mabmum allowed by the Public Records Act $4,300 S-083 POLICE MEDIA REPRODUCTION 100% No change. Excess costs are related to basic police work. $18,880 S-084 CROSSWALK PROTECTION 100% City may now negotiate with the School Districts for cost sharing $0 S-085 ANIMAL LICENSE/CONTROL 50% $30.00 -- Unaltered Dog $40,000 $15.00 -- Altered Dog $15.00 -- Miniature Pot Bellied Pig $ 5.00 -- Transfer Fee $ 2.00 -- Duplicate Tag 50% -- Penalty ... No Change 100% -- Restitution... No Chan e - FIRE CODE ENFORCEMENT INSPECTION 100% Small (0-4,999 sq ft) Light - $30 Ord Group 1 - $60 Ord Group 2 - $90 High - $110 . Medium (5,000 - 9 Light - roup 1 - $110 Ord Group 250 High - $400 Large (10,000+ sq ft) Light - $250 Ord Group 1 - $400 Ord Group 2 - $600 - - - — - -- High - $800 S-087 FIRE CODE PERMIT REVIEW 100% Suggest that the Fire department implement fees authorized by the UFC. $0 Waive fee if already aid based on S-086. S-088 STATE -MANDATED INSPECTION 100% Day Care - $ 190 $0 Convalescent Hospital • - $ 260 Schools - $ 260 Hospitals - $1,055 Waive fee if already aid based on S-086 S-089 SECOND FIRE RE -INSPECTION FIRE ALARM SYSTEM PLN CHK/INSP 100% 100% See S-086 $300 1 $2,500 $12. S-090 k . c f i i, FILE NAME: RESO.WK1 CITY OF WEST COVINA SERVICE PROVIDED FIRE SUPPRESSION SYSTEM PLN CHK/INSP RECOMMEND. RECOVERY PERCENTAGE 1000/0 RECOMMENDED NEW FEE Residential — $ 190 Com'I: < than 20 heads — $ 130 20 — 100 heads — $ 245 > 100 heads — $. 360 POSSIBLE NEW REVENUE $27,800 REF # S-091 —092 PRIVATE FIRE PROTECTION SYS. TESTING FIRE FALSE ALARM RESPONSE 100% 1000/0 $190 1st & 2nd in 12 mos. — FREE 3rd & 4th in 12 mos. — $ 50 each 5th & 6th in 12 mos. - $ 100 each 7th or more in 12 mos. — $ 500 each ' $7,400 $1,000 93 S-094 FIRE COMPANY STAND—BY HAZARDOUS MATERIALS CLEAN—UP 100% 100% $45 per hour pet person Actual MSI "full —burdened' hourly cost of City and outside crews. $0 $0 S-095 CENGY ME-D'^,;Vi S�REG6VER 9PTl6 IH3o . ubscri ffmn-£ervice EHo $500 S-098' FLOOD PUMPING AND CLEAN—UP 100% $ 0 -- first time service is used $300 -- if used additional times in 36 month pbriod S-099 FIRE INCIDENT REPORT COPYING UNDERGROUND TANK INSTALL/REMOVAL INSP FIREWORKS DISPLAY REVIEW WEED ABATEMENT 100% 100% 100% 100% Ma)amum allowable by the Public Records Act. $175 $395 Actual cost of roe dean —up plus 130% administrative.fee $1 800 $ $2 000 100 01 S-102 111; LLISUHr=ANU GUL1UrSAL 01=nVIliC0 YOUTH SPORTS PROGRAMS SUPPORT & COORD ADULT CONTRACT RECREATION CLASSES SENIOR CONTRACT RECREATION CLASSES 0% 100% q6% CUKKEAT CHAR &E Phase —in a participant fee or obtain teamsponsors. No change. Use profit from this program to support other programs. Charge for all classes and make modest increases in existing class fees. $0 $0 $5,062 S-103 S-104 S=.105 YOUTH CITY REC.CLASSES/SPECIAL EVENTS 50% Raise class fees between $2 and $6 each Citv should also track non—resident usage for possible non—resident fee $37,580 . S-106 r e-arr ti S—'109 SPORTS.CAMP/AFTER SCHOOL PROGRAMS TINY TOTS PROGRAM PRE—SCHOOL PROGRAM I CITY PROVIDED SPECIAL EVENTS 100% 50%• 50% 25% Make periodic small changes in the rates Phase —in to 50% recovery by Implementing small routine increases. Additional $4 increase will achievegoal of 50% recovery Explore additional business sponsors and booth concessions $39,600 $3,035 $4,470 S • 110 S—.111 S-112 $6188 Y � is REF # SERVICE PROVIDED SENIOR SPECIAL EVENTS SENIOR TRAVELITRIPS SENIOR MEALS PROGRAM RECREATION CLASSES FOR THE DISABLED RECOMMEND. RECOVERY PERCENTAGE 75% 100% 50% 50% RECOMMENDED NEW FEE Increases of about $1 on each event will achieve 75% recovery This ro ram can be the source of subsidy for otherspecial events. Raise each meal charge b $0.50 SPECIAL EVENTS: Dance — $2 per person POSSIBLE NEW REVENUE $1 175 $0 $0 $0 S-113 S-114 S-115 S-116 CLASS: Health Classes — No Charge M.S. Support Group — No Charge SWIMMING LESSONS 1 Various Residents — $20 Non—residents — $25 $0 S-117 RECREATIONAL SWIMMING' 50% Daily Swim —.$1 Family Pass — $50(good for entire summer $0 S-118 S-119 S-120 HANDICAP RECREATION SWIM ADULT LAP SWIMMING PROGRAM FACILITY RENTALS 50% 75% Various $0.50 per person $1 perperson - Staff should review the schedule of fees to balance market demand a ainst the necessary. recovery of costs. $ 0 960 $25,000 S-121 MT. SAC RECREATION CLASSES YMCA PROVIDED SERVICES 100% 50% 15% of net class fess from ML SAC This service does not make economic sense. Recreation classes normail cover all direct costs. Here the City is paying part of the direct $0 $0 S-122 S-123 costs to the contractor. It is suggested that either the City resume operating the classes or open the competition to others who could provide the service. IV. UTILITY AND ENTERPRISE SERVI%,r-o -S-124 - WATER - SERVICE---- ---- - $0 S-125 WATER TURN OFF/ON 100% Terminated at Meter — $30 Terminated at Main — $250 S-126 WATER TURN OFF WARNING TAGS NEW WATER CUSTOMER APPLICATION PROC. 100% 100% $15 $40 $4 000 $7100 S-127 p,}qG Phase—in-fulFcost-recov emfiv ear . Minor adjustment only as long as S-128 is adopted. $0 S-129 SEWER SERVICE 100% S-130 SEWER CONNECTION INSPECTION SEWER CAPPING INSPECTION SEWER DYE TESTING 100% 100% 100% $55 $70 $80 $1 00 $200 $ 200 S-131 . S-132 S-133 BACKFILL OF CESSPOOL/SEPTIC TANK INSP 100% $55 L i 'a I { .41 rJ h ' f ; 0 RECOMMEND. POSSIBLE REF RECOVERY NEW # SERVICE PROVIDED PERCENTAGE RECOMMENDED NEW FEE REVENUE V. MAINTENANCE S-134 R GENERAL UTILITY STREET USAGE 100% LONG TERM: $0 Develop a policy to insure that all utilities are paying their fair ' share for the maintenance and replacement of City rights —of —way. SHORT TERM: No Change. S-135 S-136 REFUSE UTILITY STREET USAGE OTHER WATER UTILITY STREET USAGE 1000/0 1000/0 No Change. Establish a franchise fee for other water utilities besides Suburban $10.000 - Water which operate in the City. S-137. MAINTENANCE DISTRICT #1 100% Currently the City is able to use carryforward fund balance to cover $0 the shortfall in the assessments; however, the fund balance is only enough for a little more than a year. It is suggested that the City begin as soon as possible to raise the assessments so that a one—year 'jump of "12 times" can be avoided. S-138 MAINTENANCE DISTRICT #2 1000/0 Currently the City is able to use carryforward fund balance to cover $0 the shortfall in the assessments; however, the fund balance is only enough for about two--,and—one—half years. It is suggested that the City begin as soon as possible to raise the assessments so that a one—year um of "7 times" can be avoided. S-139 MAINTENANCE DISTRICT #4 100% Currently the City is able to use carryforward fund balance to cover $0 the shortfall in the assessments; however, the fund balance is only enough for about three —and —one—half years. It is suggested that the City begin as soon as possible to raise the assessments so that a one— ear jump of 29% can be avoided. S-140 MAINTENANCE DISTRICT #6 100% Currently the City is able to use carryforward fund balance to cover $0 the shortfall in the assessments; however, the fund balance is only enough for about seven years. It is suggested that the City begin as soon as possible to raise the assessments so. that a one—year jump of 32% can be avoided. MAINTENANCE DISTRICT #7 1000/0 Currently the City is able to use carryforward fund balance to cover $0 . S-141 the shortfall in the assessments; however, the fund balance is only enough for about four years. It is suggested that the City begin as soon as possible to raise the assessments so that a one—year jump of 170% can be avoided. FILE NAME: RESO.WK1 � ' CITY OF WEST COVINA REF _ # SERVICE PROVIDED S-142 CITYWIDE MAINTENANCE DISTRICT VI. FINANCE AND. ADMINISTRATIVE SERVICES S-144 BUSINESS TAX RENEWAL PROCESSING S-145 RETURNED CHECK NSF PROCESSING S-146 AGENDA/MINUTE MAILING SERVICE I RECORDS RESEARCH SERVICE S-147 S-148 I DOCUMENT PRINTING & COPYING RECOVERY S PERCENTAGE RECOMMENDED NEW FEE 100% Currently the City is able to use carryforward fund balance to cover the shortfall in the assessments; however, the fund balance is only enough for about one year. It is suggested that the City begin as soon as possible to raise the assessments so that a one—year jump of about 505/6 can be avoided. 100% These costs should be recovered from Business license Tax fun 100% $20 100% $35 plus self—addressed envelopes for an annual subscri tioh 100% Charge full cost to the extent allowed by the Public Records Act 1000/0 Charge full cost to the extent allowed by the Public Records Act GRAND TOTAL POSSIBLE NEW -.REVENUE POSSIBLE NEW iE •:: ►'. �iY