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Home My Public Portal AboutPolicy Resolution-16 R2018-046RESOLUTION R2018-046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA, STATE OF CALIFORNIA, ESTABLISHING POLICIES AND PROCEDURES FOR THE ESTABLISHMENT, IMPLEMENTATION, AND ENFORCEMENT OF CITY FEES, FINES, AND CHARGES, AND AMENDING POLICY RESOLUTION NO. 16 WHEREAS, the City has adopted various City "charges" (in the form of taxes, assessments, fees, fines, and other charges), pursuant to the City's constitutional "home rule" authority as a charter city pursuant to California Constitution Article XI, Section 5, as well as the City's police power authority (to regulate health, safety, and welfare) set forth in California Constitution Article XI, Section 7, as well as other legal authorities as specified when each charge was adopted by Council; and WHEREAS, the City has identified, in Napa Municipal Code ("NMC") Section 3.04.030, a range of City charges that have been established by the City Council pursuant to separate ordinances and resolutions, many of which have previously been documented in ordinances codified in the NMC (particularly NMC Titles 3, 5, and 15); and WHEREAS, the City Council has previously authorized City staff to administratively assemble all City "charges" in the "Master Fee Schedule," as defined by City Council Policy Resolution No. 16, adopted on June 19, 2007 (hereinafter "2007 Policy Resolution"); and WHEREAS, the 2007 Policy Resolution maintained in effect specified provisions of a previous version of Policy Resolution No. 16, which was adopted on September 13, 2005 (hereinafter "2005 Policy Resolution"); and WHEREAS, the City has determined that a clarification of City policies and procedures is warranted regarding the efficient establishment, implementation, and enforcement of charges for City services, including the repeal and replacement of the previously adopted 2005 Policy Resolution and 2007 Policy Resolution; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any information provided during public meetings. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Napa, as follows: 1. The City Council hereby finds that the facts set forth in the recitals to this resolution are true and correct, and establish the factual basis for the City Council's adoption of this resolution. R2018-046 Page 1 of 2 May 1, 2018 Page 1 of 4 2. The City Council hereby adopts the City's "Policies and Procedures for the Establishment of City Fees, Fines, and Charges," attached hereto as Exhibit "A," which effectively repeals and replaces the previously adopted Policy Resolution No. 16. 3. The City Council hereby repeals the 2005 Policy Resolution and the 2007 Policy Resolution. 4. The City Council hereby directs the City Manager to designate this resolution as a City Council Policy Resolution. The City Council hereby directs the City Clerk to organize and publish this resolution as a part of the City Council Policy Resolutions. 5. This Resolution shall take effect immediately upon its adoption. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Napa at a public meeting of said City Council held on the 1st day of May, 2018 by the following vote: AYES: Krider, Sedgley, Gentry, Mott NOES: None ABSENT: Techel ABSTAIN: None Approved as to form: ichael W. Barrett City Attorney R2018-046 Page 2 of 2 ATTEST: May 1, 2018 Page 2 of 4 EXHIBIT "A" POLICY RESOLUTION NO. 16 City of Napa Policies and Procedures for the Establishment, Implementation, and Enforcement of City Fees, Fines, and Charges 1. Authority. a. The City affirms, to the greatest extent possible, the City's constitutional "home rule" authority as a charter city pursuant to California Constitution Article XI, Section 5. Pursuant to the City's charter city authority, the City is and shall be exempt from any conflicting provisions of State law governing general law cities. b. The City also relies on the City's police power authority (to regulate health, safety, and welfare) set forth in California Constitution Article XI, Section 7, as well as other relevant constitutional, statutory, or legal authority authorities, including those specified when each charge was adopted by Council. c. The Policies and Procedures for the Establishment, Implementation, and Enforcement of City Fees, Fines, and Charges (which may be referred to herein as "this Policy") shall be interpreted in accordance with the relevant provisions of State law, including those summarized above, the City Charter, and the Napa Municipal Code ("NMC"), particularly NMC Chapter 3.04. 2. Purpose and Goals. a. It is the policy of the City that, to the extent authorized by law, the costs of providing City services will be equitably apportioned as a charge to those who benefit from, or create the need for, the City services. 3. Administrative Regulations. a. The City Manager is hereby authorized and directed to establish and maintain written administrative regulations to implement the City's procedures related to the establishment, implementation, and enforcement of fees and charges, in accordance with the requirements of the City Charter, the Napa Municipal Code, and this Policy. The City Manager may delegate, in writing, the duties and authority set forth in this Policy to other qualified City employees and representatives. b. A copy of the administrative regulations shall be maintained in the office of the City Clerk. The administrative regulations shall be recommended for approval by the Finance Director, and subject to approval as to form by the City Attorney. The administrative regulations shall, at a minimum, address the following elements: i. Standard procedures and guidelines related to the regular review of the adequacy of the dollar amounts of fees and charges, and the preparation of recommendations for Council approval of the establishment of new fees and charges and the updating of existing Policy Resolution No. 16 Page 1 of 2 R2018-046 Page 3 of 4 EXHIBIT "A" fees and charges. This will include procedures and guidelines by which: (A) the City charges are based on the reasonable estimate of the City's costs of providing services; including: actual direct and indirect costs for labor, materials, and equipment; and (13) the City establishes the amounts of regular updates based on objective cost of living indexes. ii. Standard procedures and guidelines related to the implementation and enforcement of City fees and charges. These procedures and guidelines shall specifically include the methods by which the City will collect unpaid fees and charges, including the parameters for enforcing debts through collection agencies or through legal proceedings with the assistance of the City Attorney, and parameters for evaluating and taking action on the adjustment of uncollected delinquencies in the interests of justice, considering the magnitude of the delinquency, the City's cost of enforcement, and any potential challenges to the City's legal authority. The City will consider the extent to which any City charge is in violation of any law (including the Constitution of the United States, or the Constitution of the State of California). iii. Standard procedures and guidelines by which the City will consider appeals of City charges, in accordance with the NMC, including NMC Sections 3.04.050 and 1.26. iv. Identification of any delegation of duties or authority from the City Manager to other qualified City employees or representatives. c. The City Council hereby authorizes the City Manager and the Finance Director to administratively organize and publish all City charges approved by City Council in a Master Fee Schedule. Policy Resolution No. 16 Page 2 of 2 R2018-046 Page 4 of 4