Resolution - 2020-89RESOLUTION NO.2020-89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING EXISTING FEE
AND PENALTY SCHEDULE ADOPTED BY RESOLUTION
2019-92
WHEREAS, the City Council of the City of West Covina adopted Resolution 2019-92 on
the 171h day of December 2019 establishing fees and fines charged for the services provide by the
City; and
WHEREAS, the Grading Permit Fees are for the inspection of the work authorized for
such permits; and
WHEREAS, the City desires to adopt the Los Angeles County Grading Plan Review and
Permit Fees for Land Development of Subdivision; and
WHEREAS, City desires to amend the Engineering Fees Item G) Grading of the adopted
Resolution 2019-92 on the 171h day of December 2019 to include separate fees for grading for land
development of Subdivisions and for grading other than Subdivision; and
WHEREAS, the City desires to adopt the Los Angeles County Grading Plan Review and
Permit Fees per the Building Code of the Los Angeles County for project other than land
Development of Subdivision.
WHEREAS, the fees adopted per Resolution 2019-92 include Building Code fees adopted
with a set ratio at 1.65 times of the Los Angeles County fees, City desires to adopt the Los Angeles
County Grading Plan Review and Permit Fees per the Building Code of the Los Angeles County
with the same set ratio.
WHEREAS, all other engineering fees adopted by the City Council of the City of West
Covina adopted Resolution 2019-92 on the 171h day of December 2019 establishing fees and fines
charged for the services provide by the City remain unchanged otherwise changed with this
resolution; and
WHEREAS, pursuant to the provisions of the California Constitution and the laws of the
State of California, the City is authorized to adopt and implement rates, fees, and charges for
municipal services; provided, however, that such rates, fees, and/or charges do not exceed the
estimated reasonable cost of providing such services; and
WHEREAS, California Government Code section 66016 requires notice to be given and
data be made available at specified times prior to the adoption of new rates, fees, and charges, or
prior to adoption of increases in existing rates, fees, and charges; and
WHEREAS, California Government Code section 66018 requires notice to be published
in accordance with California Government Code section 6062a and data be made available
concerning rates, fees, and charges prior to conducting a public hearing with respect to the adoption
of new rates, fees, and charges, or the adoption of increases in rates, fees, and charges for which
no other procedure is provided by law; and
WHEREAS, pursuant to California Government Code sections 66016 and 66018, the City
Council has held at least one public hearing, as part of a regularly scheduled meeting, at which
oral and written presentations could be made with respect to the rates, fees and charges
contemplated by this resolution; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby finds and determines that the above
recitals are true and correct.
SECTION 2. REASONABLE COST FINDING. The City Council hereby finds and
determines that based upon the data, information, analysis, and oral and written documentation
presented to the City Council concerning the rates, fees, and charges described in Exhibit "A,"
attached hereto and incorporated herein by this reference, the rates, fees, and charges set forth in
Exhibit "A" do not exceed the established reasonable cost of providing the service for which the
rates, fees, or charges are levied.
SECTION 3. FEE SCHEDULE ADOPTION. The rates, fees, and charges set forth in
Exhibit "A" are hereby adopted and approved as the rates, fees, and charges for the services
identified for each such rate, fee, and/or charge. Such rates, fees, and charges shall be collected by
the City's Finance Department when services are provided by the City or its designated
contractors.
SECTION 4. FINES. The fines and penalties set forth in Exhibit "A" for violations of the
West Covina Municipal Code are hereby adopted.
SECTION 5. 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.
SECTION 6. ADDITIONAL FEES. Additional fees shall be required for each additional
process or service that is requested or required, including when the requestor's delay increases
costs, or if the original fee charged was too low in error.
SECTION 7. 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 administrative
cost of processing the refund. Any extra amount charged in error shall be refunded without
deduction. Notwithstanding the foregoing, refund amounts of twenty dollars ($20.00) or less shall
be refunded only upon written request of the fee payor.
SECTION 8. ANNUAL ADJUSTMENT OF FEES. The fees, rates, and charges set forth
in the Fee and Penalty Schedule may be adjusted on July 1 of each year by an escalation
factor equal to changes in the Consumer Price Index for All Urban Consumers for the Los Angeles -
Riverside -Orange County area ("CPI-U"), published by the U.S. Department of Labor, Bureau of
Labor Statistics, which shall be calculated each May based on changes in the CPI-U from the
previous May. Such annual adjustment may be approved by the City Manager and shall be
incorporated into the Fee and Penalty Schedule. In no event shall an increase in any rate, fee, or
charge exceed the reasonable cost of providing the service for which such rate, fee, or charge is
identified.
SECTION 9. INTERPRETATION OF RESOLUTION. Administrative interpretations
of this resolution, including but not limited to provisions for waiver and appeal, shall be determined
by the City Manager as set forth in West Covina Municipal Code section 2-407.
SECTION 10. REPEALER. All provisions of previously adopted resolutions
establishing, or that are otherwise inconsistent with, any of the rates, fees, charges, or fines set
forth in Exhibit "A" are hereby repealed.
SECTION 11. EFFECTIVE DATE. The development -related fees, as defined by the
Mitigation Fee Act (California Government Code § 66000 et seq. ), set forth in Exhibit "A" adopted
or increased by this resolution shall take effect on September 18, 2020.
SECTION 12. CERTIFICATION. The City Clerk shall certify to the adoption of this
resolution and shall enter the same in the book of original resolutions.
APPROVED AND ADOPTED this 18th d,
APPROV S TO FORM
A //# '�_
Thomas P. arte
City Attorney
ATTEST
— 'I(Atc. W" —)
Lisa errick
Ass' ant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify
that the foregoing Resolution No. 2020-89 was duly adopted by the City Council of the City of West
Covina, California, at a regular meeting thereof held on the 18th day of August, 2020, by the
following vote of the City Council:
AYES:
Castellanos, Johnson, Shewmaker, Lopez-Viado, Wu
NOES:
None
ABSENT:
None
ABSTAIN:
None
Lisa S r ick, CMC
Assis VCity Clerk
EXHIBITA-GRADING FEES
G. 1) Grading Plan Review for Subdivisions and Parcel Maps
Volume (CY = cubic yards)
Base Fee (Plus % of Volume)
% Volume
1-10,000 CY
$8,509.00
0
_
10,001 - 100,000 CY
_
$8,509.00
16.72% of excess over 10,000
_ _ _
100,001- 500,000 CY
$23,557.00
4.74% of excess over 100,000
_
500,001- 1,000,000 CY
_
$42,517.00
3.50% of excess over 500,000
1,000,001 CY and above
_
$60,017.00
1.50% of excess over 1,000,000
G. 2) Grading Permit Inspection for Subdivisions and Parcel Maps
Value of Grading Project
Base Fee (Plus % of Value)
% of Value
$1- $1,625
$399.00
0
$1,626-$20,000
$399.00
24.06% of excess over $1,625
$20,001- $100,000
$4,821.00
13.56% of excess over $20,000
7.169/ of excess over $100,000
3.77% of excess over $500,000
$100,001- $500,000
$15,669.00
$500,001 and above
$44,309.00
G. 3) Grading Plan Review for all other Projects
Volume (CY = cubic yards) Base Fee (Plus Additional Fee) Fee Per Additional CY _
1-1,000 CY _ $731.28 for first 100 CY _ $75.05 per additional 100 CY
1,001-10,000 CY _ $2,220.74 for first 1,000 CY $153.95 per additional 1,000 CY
10,001 - 100,000 CY $3,606.41 for first 10,000 CY $90.92 per additional 1,000 CY _
100,001 CY and above $11,804.60 for the first 100,000 CY $251.30 per additional 10,000 CY
G. 4) Grading Permit Inspection Fees for al_I other Projects
Volume (CY = cubic yards)
Base Fee (Plus Additional Fee)
Fee Per Additional CY
1- 100 CY
$458.54
0
_
101-1,000_CY
$458.54 for first 100 CY
$110.05 per additional 100 CY
1,001-10,000 CY
$1,856.75 for first 1,000 CY
$130.35 per additional 1,000 CY
_
10,001- 100,000 CY
$3,028.74 for first 10,000 CY
$83.16 per additional 1,000 CY
100,001 CY and above
$10,523.21 for first 100,000 CY
$207.41 per additional 10,000 CY