Resolution - 2019-92RESOLUTION NO.2019-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, ADOPTING A NEW
FEE AND PENALTY SCHEDULE THAT ESTABLISHES
NEW FEES AND FINES AND CHANGES TO EXISTING
FEES AND FINES
WHEREAS, the City Council of the City of West Covina adopted Ordinance No. 1939 on
August 16, 1994, codified at Article IX (Fee and Service Charge Revenue/Cost Comparison
System) of Chapter 2 (Administration) of the West Covina Municipal Code, establishing the City's
policy as to the recovery of costs for providing City services and establishing a mechanism for
ensuring that the fees adopted by the City do not exceed the reasonable estimated cost of providing
the services for which the fees are charged; and
WHEREAS, the City Council has established various rates, fees, and charges for services
provided for by the City; and
WHEREAS, the City Council has also established various fines and penalties for
violations of the West Covina Municipal Code; 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
WHEREAS, City staff has developed a proposed revised Fee and Penalty Schedule based
on certain new or increased costs for operating expenses; and
WHEREAS, the City Council desires to adjust the rates, fees and charges, and to
implement the proposed new rates, fees, and charges, for various services provided by the City of
West Covina as set forth herein; and
WHEREAS, the City Council further desires to establish the penalty amounts for
violations of the provisions of the West Covina Municipal Code relating to building and safety
determined to be an infraction in accordance with Government Code section 36900(c); and
WHEREAS, all legal prerequisites to the adoption of this resolution have occurred.
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 docurnentation
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 seg.), set forth in Exhibit "A" adopted
or increased by this resolution shall take effect on February 15, 2020. All other fees, fines, penalties
adopted or increased by this resolution shall take effect on January 1, 2020.
SECTION 12. CERTIFICATION. The City Cleric shall certify to the adoption of this
resolution and shall enter the same in the book of original resolutions.
APPROVED AND ADOPTED this 171
APPROV S TO FORM ATTEST
TbomA`P.'6dfrt0 Mark Persico
City Attorney Assistant City Manager/Acting Assistant
City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Resolution No. 2019-92 was duly adopted by the City Council
of the City of West Covina, California, at a regular meeting thereof held on the 17th day of
December, 2019, by the following vote of the City Council:
AYES: Castellanos, Johnson, Shewmaker, Lopez-Viado, Wu
NOES: None
ABSENT: None
ABSTAIN: None
ktai
rk