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Home My WebLink AboutReso 2017-022RESOLUTION NO. 2017-022 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2 (GENERAL GOVERNMENT FEES) OF THE MASTER FEE SCHEDULE TO ESTABLISH A FEE TO FILE A NOTICE OF INTENT TO CIRCULATE AN INITIATIVE PETITION WHEREAS, pursuant to City Charter section 903 and California Elections Code section 9201, electors of the City may submit proposed ordinances to the City Council by filing a petition with the city clerk that contains the required number of signatures and is compliant with applicable law; and WHEREAS, prior to circulating a petition for signatures. the proponents must file a notice of intent to circulate a petition ("notice of intent") with the City Clerk; and WHEREAS, California Elections Code section 9202(b) provides that, "Any person filing a notice of intent with the elections official shall pay a fee to be established by the legislative body not to exceed two hundred dollars ($200) to be refunded to the filer if within one year of the date of filing the notice of intent, the elections official certifies the sufficiency of the petition"; and WHEREAS, the City has never established a fee to file a notice of intent to circulate a petition; and WHEREAS, once the notice of intent is filed, the City Clerk is obligated to process the matter and the City Attorney must provide a ballot title and summary of the proposed measure; pursuant to Elections Code section 9203(a); and WHEREAS; staff has prepared a cost estimate (Exhibit 1) based on the amount of time it would take to process a filed notice of intent, including providing the required ballot title and summary of the proposed measure, which resulted in an estimated cost of $2,242; and WHEREAS, the City Clerk recommends that a fee of $200 be established, since the actual cost of processing a notice of intent exceeds the maximum fee allowed by the Elections Code; and WHEREAS, the proposed fees do not exceed the reasonable cost of providing the associated services; and WHEREAS, proposed amendments to Chapter 2 (General Government Fees) of the City's Master Fee Schedule (Exhibit 2) reflect the proposed filing fee of $200 to file a notice of intent to circulate a petition; and Resolution No. 2017-022 Page No. 2 WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government, unless specifically exempted; and WHEREAS, pursuant to the provisions of Article XIII C, the proposed fees are exempt from the vote requirement; and WHEREAS, the proposed amendments to Chapter 2 of the Master Fee Schedule shall become effective upon adoption of this Resolution by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend certain sections of Chapter 2 (General Government) of the City's Master Fee Schedule, to establish a fee of $200 to file a notice of intent to circulate an initiative petition, as reflected in Exhibit 2 to this Resolution. Presented by Donna R. Norris, CMC City Clerk s; Approved as to form by G en R. Go gins Cit tto y Resolution No. 2017-022 Page No. 3 PASSED; APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of February 2017 by the following vote: AYES: Councilmembers: Aguilar, Diaz, McCann. Padilla. and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None Mary S01as, Mayor ATTEST: Donna R. Norr4,XMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2017-022 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of February 2017. Executed this 7th day of February 2017. Donna R. Norris, C,ity Clerk Resolution No. 2017-022 Page No. 4 Cost Estimate Filing a Notice of Intent to Circulate a Petition Assistant City Attorney Review and Processing City Attorney Review and Processing City Clerk Review and Processing FBHR - based on FY2017 rates 5244 S:1,464 S273 5546 $232 5232 TOTAL 52,242 Exhibk 1 Resolution No. 2017-022 3.. Returned Check Fee Per California Civil Code §3.719, any check returned for non-payment shall cause the issuer of said check to be subject to a returned check fee. Issuer shall also. be subject to a certified mail fee (see #3 below). First check returned ........................................... $25 Each subsequent check returned .........................$35 2. Delinquent Payment Penalty Unless otherwise specified in the Master Fee Schedule, Chula Vista Municipal Code, or by ordinance, the fee for delinquency in payment of permit fees or other City charges shall be a basic penalty, plus an additional penalty per month for non-payment of the charge and basic penalty. Basic penalty, percent of invoice amount .......... 1o% Monthly delinquency charge.............................1.5% Collections fee, if over go' days delinquent .........$10 3. Certified Mail Fee Per item mailed .................................................... $5 4. Small Claims Court Collection Charges Process server, single defendant .........................$35 Process server, each addt'I defendant............ $17.50 Court fees ......................................................varies' 5. Check Reissuance Fee Fee includes 3`d party stop -payment charges. Regular processing, per check ............................ $25 6. Duplicate Payroll Record Fee ' 6o days delinquent for Solid Waste & Recycling service charges. ' Small Claims Court fees are set by the State court system and subject to revision without approval of the Chula Vista City Council. Please contact the Finance Department to confirm current court fees. Regular processing (10 business days).................sio Expedited processing (2 business days) .............. $25 7. Lien Recording Fee Any account submitted to the County of San Diego for placement of a lien resulting from non-payment of sewer or trash fees shall be subject to a lien recording fee. Per delinquent account.......................................$10 8. Recorded Item Non -Payment Penalty Any account submitted to the County of San Diego for collection via property tax bill, following recordation of a lien and continued non-payment, shall be subject to an additional penalty. Penalty fee, per account ..................................... $15 9. Lien Payoff Demand Letter Any account subject to lien by the City may request preparation of a Lien Payoff Demand Letter. Fee per letter, regular (10 business days)............ $25 Fee per letter, expedited (2 business days)......... $5o 1o. Lien Release Fee Per account........................................................ $25 Per California Election Code §15624. Election recount fee ......................Full cost recovery DOCUMENT CERTIFICAT•-CON_. ' . Per document certified.......................................s15 City of Chula Vista www.chulavistaca.gov 61g.691.S250 Resolution No. 2017-022 "age No. 6 Exhibit 2 February 2017 MASTER FEE SCHEDULE ■ FEE BULLETIN 2-200 Page 2 of 2 In general, any organized activity involving the use of, or having an impact upon City -owned, controlled or maintained property such as City parks, facilities, open space, sidewalks or street areas within the Chula Vista city limits, requires a Special Event Permit issued by the City of Chula Vista's Office of Communications. See City Council Policy 102-o6 for additional Special Event Permit information. 1. Nonrefundable Application Fee Per event, without street closure ...................... $150 Per event, with street closure............................$300 2. Additional City Staff Services City staff ........................... Per Cost Recovery Policy Cost recovery deposit ...................... Varies by event Perevent........................................................... $50 P..ermittee is esponsible for provid" all safety equipment as required by 'the Office of.' Coinmunicdtions = 1. Application Processing Fee Per day, <=io cast & crew..................................$1.50 Per day, >io cast & crew ...................................$300 2. Additional City Staff Services City staff ....................................... Full cost recovery Full cost recovery deposit...............................si,000 Applicants must provide proof of valid "City of Chula Vista Bosmess Lite < For all full cost recovery fee items, an initial deposit shall be collected to cover the City's full cost, including overhead, incurred in conjunction with review and processing as requested by applicant. Additional funds may be collected, as required, to cover City costs. Should the application be withdrawn at any time, the deposit shall be adjusted to cover the City's actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date. See Master Fee Schedule Fee Bulletins i-ioo and 1- 200 for additional discussion of full cost recovery and current hourly rates. Per California Elections Code S 9202(b). Notice of Intent filing fee..............................$zoo In accordance withElections code ¢ 9202(6), the fee will be refunded to the filer�if, within one year of:fhej date. of filing the notice of intent, the elections official certifies the suffiaency of the petition City of Chula Vista www.chulavistaca.gov 619.691.5250