Resolution - 2008-69RESOLUTION NO.2008-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, SETTING AND
INCREASING CERTAIN FEES (OVERNIGHT PARKING
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 new Overnight Parking Permit Fees for recovery of
operating expenses.
NOW, THEREFORE, the City Council of the City of West Covina does resolve,
determine and order as follows:
Section 1. Fee Adoption. The following fees 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 borne 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
payor.
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 A, attached and incorporated here,
are hereby approved and adopted.
Section 4. Reasonable Cost Finding. 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. CEQA. The adoption of this resolution is statutorily exempt from CEQA as it
sets fees only for operating expenses.
Resolution No. 2008-69
Page 2 of 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 A, 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 December 4, 2008 if
approved.
THIS RESOLUTION FAILED TO PASS on this 4th day of November 2008.
Mayor Sherri Lane
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution failed to pass at a regular meeting of the City Council held thereof
on the 4ch day of November 2008, by the following vote:
AYES: None
NOES: Herfert, Hernandez, Touhey, Lane
ABSENT: Sanderson
ABSTAIN: None
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City Clerk La rie'Carrico.".
APPROVED AS TO FORM:
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ClAy Attorney Arnold Alvarez-Glasman