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Resolution - 2008-41RESOLUTION NO. 2008-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES. WHEREAS, the City Council adopted Ordinance No. 1939 on August 16, 1994, a) 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 b) directing staff as to the methodology for implementing that Ordinance; and WHEREAS, pursuant to Government Code Section 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 at which time oral and written presentations were made and received; and WHEREAS, staff has developed a revised schedule of fees and charges based on certain new or increased costs for operating expenses. 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 collected by the City Finance Department for the listed services when provided by the City or its designated contractors. 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 services that is requested or required including where the requestor's delay increases costs, or if the original fee charged was too low or in error. B. Refunds. Unless otherwise provided in the West Covina Municipal Code or state law, in the event the person requesting the service withdraws his/her/its application or 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 home have been incurred or committed, as well as the cost of refunding the fee. An 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 or less shall be refunded only upon request of the fee payer. 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 Section 2-407. Section 3. Fee Schedule. The fees set out in Exhibit B, and incorporated here, are hereby approved and adopted. Section 4. Reasonable Cost Findine. The City Council specifically finds that based on the data made available to the public, the fees and charges adopted do not exceed the reasonable cost of the service provided. Section 5. CE A. The adoption of this resolution is statutorily exempt from CEQA as it sets fees only for operating expenses. Resolution No. 2008-41 Page 2 Section 6. Repealer. Fees contained in this resolution supersede fees set by prior resolutions. Current fees set by prior resolutions, which are not modified by Exhibit B, remain in place. 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 resolution regardless of the absence of any such invalid part. Section 8. Effective Date. This resolution shall be effective July 1, 2008. APPROVED AND ADOPTED this 17th day of June 2008. Mayor Sherri Lane ATTEST: City Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 171h day of June 2008, by the following vote of the City Council: AYES: Herfert, Sanderson, Touhey, Lane NOES: None ABSENT: Hernandez ABSTAIN: None City Clerk L urie Carric APPROVED AS TO FORM: 4 /Z- dAy Attomey'Aradd Alvarez-Glasman