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Resolution - 9289RESOLUTION NO. 9289 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, 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 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 and which oral and written presentations had been 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 be 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 Pose. 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 where the 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 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. 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 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 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). Section 6. Reoealer. This resolution specifically supersedes the prior taxicab license and planning fees set by Resolution No. 9121. All other fees set by that Resolution 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 Chapter regardless of the absence of any such invalid part. Section 8. Effective Date. This Resolution shall be effective immediately. PASSED, APPROVED AND ADOPTED +' 20thday of Februa IP96. Mayor ATTEST: City Clerk 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 20th day of February , 1996, by the following vote of the Council: AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None ABSENT: None City Clerk APPROVED AS TO FORM: ? • rdvkoll City orney MSIUPD EXHIBIT `A' FIRE DEPARTMENT: The 1994 edition of the "Uniform Fire Code" which was adopted by the Council and became effective January 1, 1996, includes two additional permits that are not included in the current fee schedule. They are for carnivals and for asbestos removal operations. Based on an analysis of the costs to apply code requirements, staff recommends the following amounts be adopted: Asbestos Removal: Up to 20,000 square foot building (4 person -hours at $45 per hour) $ 180 Buildings over 20,000 square feet (5 person -hours at $ 45 per hour) $ 225 Carnivals: Under 10 concession stands, no mechanical equipment (2 person -hours at $45 per hour) 90 Over 10 concession stands, no mechanical equipment (3 person -hours at $45 per hour) 135 These fees may be waived for non-profit groups pursuant to policies developed by the Fire Chief. Liquid or gas fueled vehicles and/or equipment (6 person -hours at $45 per hour) 270 POLICE DEPARTMENT: On May 10, 1982, the Council established a fee of $5 for taxi cab driver permits. This no longer covers the cost of a police officer preparing and processing the application, a jailer fingerprinting the applicant and an officer issuing the permit upon approval. The cost of -these functions is: Police officer, 0.75 hours @ $26.47 per hour = $20 Jailer, 0.25 hours @ $14.28 per hour = 3 Total $23 Thus, staff is recommending that the fee for this service be increased to $23.00. PLANNING DEPARTMENT: Costs to provide their services have increased with the 2.2 % cost of of living allowance granted to General employees commencing July 1, 1995. Thus the following fees will be impacted: Precise plan of design Development plan Conditional use review Zone change (map) review Area plan amendment General Plan amendment Minor variance review Variance review - other Tentative tract map 7 other Tenative parcel map processing Conceptual plan review The current fee structure of a flat non-refundable $75 filing fee plus $56.50 per hour for staff time will be increased to reflect a new charge for staff time of $58. The flat fee of $75 will remain unchanged. •