Resolution 2023-XX Page 1 of 2
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT AMENDING THE MASTER FEE SCHEDULE TO
IMPLEMENT STATE SURCHARGE INCREASES ADOPTED BY
THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
(CalEPA) TO BE COLLECTED BY THE CITY AND REMITTED TO
THE STATE
WHEREAS, the City is a Certified Unified Program Agency (“CUPA”) and is responsible for implementing the California Environmental Protection Agency’s (“CalEPA”) Unified Program within its boundaries, which consists of six environmental and emergency response programs relating to hazardous materials and waste; and
WHEREAS, CalEPA has increased the Unified Program General Oversight surcharge fees, which support the Hazardous Materials Business Plan Program (“HMBP”), from $57.00 to $ 67.00 annually per business/facility, and the California Accidental Release Program (“CalARP”) surcharge fee from $270.00 to $370.00; and
WHEREAS, the City's Master Fee Schedule, Resolution No. 8672, adopted on March 1, 1994 and amended from time to time, sets forth fees, rates and charges for goods and services provided by the City, including the CalEPA state surcharge fees which the City is mandated to collect and remit to CalEPA; and
WHEREAS, on December 5, 2023, the City Council held a duly-noticed public hearing where all members of the public had the opportunity to be heard, and the City Council considered the information set forth in the staff report and information submitted to the City Council during the public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The City Council approves the implementation of the state surcharge increases adopted by the California Environmental Protection Agency (“CalEPA”), to be collected by the City and remitted to the State. The surcharge increases will be implemented on January 1, 2024, as part of the City’s 2024/2025 billing cycle.
SECTION 2. The Master Fee Schedule, Resolution No. 8672, as amended, Article VII, Section B, Subsection 16 (e), State Directed Program Oversight Fees is amended to reflect the increase in State surcharges adopted by CalEPA. The Unified Program General Oversight surcharge fee is increased from $57.00 to $ 67.00 annually per business/facility, and the California Accidental Release Program (“CalARP”) surcharge fee (formerly referred to as the Federal Risk Management Program fee in the Master Fee Schedule), is increased from $270.00 to $370.00, as shown below and in Exhibit “A” to this Resolution:
Resolution 2023-XX Page 2 of 2
Article VII - Public Safety, Section B - Fire, Subsection 16 - Hazardous Materials Program Fees:
(e) State Directed Program Oversight Fees
001.22440.3771 (1) General Program Oversight $67.00 001.22440.3789 (2) California Accidental Release Program (CalARP) $370.00
SECTION 3. The City Council finds this action is exemp t f rom environmental review under the California Environmental Quality Act (CE QA), per CEQA Guideline section 15378, as the action is an administrative fiscal activity and not a project that requires environmental review.
SECTION 4. This Resoluti on shall become effective immediately upon adoption and shall supersede all pr evious re solutions in conflict herewith. All conflicting resolutions (or portions thereof) shall be deemed repealed without further action by the City Council.
ADOPTED, _________, 2023, by the City Council of the City of Fremont, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney