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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, AMENDING THE CITY’S MASTER FEES AND CHARGES SCHEDULE IN RESOLUTION NO. 21960, AS AMENDED, APPROVING CHANGES TO THE FIRE DEPARTMENT’S FEES AS A PARTICIPATING
AGENCY UNDER THE CERTIFIED UNIFIED PROGRAM TO REFLECT
100% COST RECOVERY FOR HAZMAT FEES.
WHEREAS, the City of Riverside (“City”) has the authority to impose fees pursuant to its authority under Article XI, §7 of the California Constitution and under its complementary powers under Section 37112 of the California Government Code and Section 200 of the Riverside City Charter; and
WHEREAS, the City has established a policy of recovering the full costs reasonably borne as a result of providing special services of a voluntary and limited nature, such that general taxes are not diverted from general services of a broad nature and there by utilized to subsidize unfairly and inequitably such special services; and
WHEREAS, in Chapter 3.30 of the Riverside Municipal Code, the City Council established 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 said Chapter 3.30; and
WHEREAS, the California Health and Safety Code, Chapter 6.95 dictates the necessity of implementation of business and area plans related to the handling and release of hazardous materials; and
WHEREAS, inspections of business handling hazardous materials are required to occur once every three years pursuant to the Riverside Fire Department’s participating agency status in the Certified Unified Program Agencies (“CUPA”); and
WHEREAS, the adoption of a schedule of fees and charges to be paid by those businesses receiving such special services and the percentage of costs reasonably borne by those persons receiving such special services are necessary so that the City might effectuate its policies; and WHEREAS, the City currently recovers 40% to 100% of costs of hazmat inspection fees from the Fiscal Year 2023/2024 Schedule of Fees and charges which was adopted on June 20, 2023; and
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
WHEREAS, the City desires to recover 100% cost recovery and update the Fiscal Year 2023/2024 Schedule of Fees and Charges; and
WHEREAS, the updated Hazmat Inspection Fees were recommended by MGT of America Consulting, LLC in Fiscal Year 2020/2021 as part of the citywide fees and charges study; and WHEREAS, the City Council held a duly noticed public hearing on November 28, 202 3, and has considered all oral and written evidence presented regarding the revision to the Master Fees and Charges Schedule; and
WHEREAS, all requirements of law regarding the notice and the provision of data are hereby found to have been met; and
WHEREAS, all the proposed fee revisions fall within the stated exceptions to the definition of “tax” established by Proposition 26, and are therefore not subject to the requirements of Article XIIIC of the California Constitution; and
WHEREAS, the City desires to amend the Master Fees and Charges Schedule, Resolution No. 21960 and its related amendments , to reflect the new fee to reflect 100% cost recovery for Hazmat Fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Riverside, California, as follows:
Section 1: The above recitals are hereby found to be true and correct and are hereby incorporated herein as if stated in full.
Section 2: T he City Council hereby determines that the specific fees to be charged for Hazmat Inspections and Business Plan, which shall consist of the evaluation and review of applications fee and the site review fee, which are set forth in Exhibit “A,” Schedule of Fees and Charges, attached hereto and incorporated herein by reference, are the reasonable costs for service and hereby adopts the same.
S
ection 3: Resolution No. 21960 and all applicable amendments thereto are her eby amended to include the new fees as shown in Exhibit “A” herein.
S ection 4: This Resolution, together with any other resolution amending R esolution No. 21960 and the Master Fees and Charges Schedule (Resolution No. 21960), shall collectively be known
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
as, and hereinafter may be interchangeably referred to as , the “Fees and Charges Resolution ,” “Schedule of Fees and Charges,” or the “Master Fees and Charges Schedule.” Section 5: All fees set by this R esolution are for each identified process or service ; additional fees shall be required for each additional process or service that is requested or required.
S ection 6: The fees and charges revisions set forth in Exhibit “A ” fall within the stated exceptions to the definition of “tax” established by Proposition 26, and therefore, are not subject to the requirements of Article XIIIC of the California Constitution.
Section 7: The Chief Financial Officer is hereby directed and authorized to maintain a current Master Fees and Charges Schedule which will include all amendments to the Fees and Charges Resolution.
S ection 8: If any portion of this R esolution is for any reason declared invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution; the City Council hereby declaring that it would have adopted this R esolution and every other section, subsection, paragraph, subparagraph, item, sub-item, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, paragraph, subparagraph, item, sub-item, sentence, clause, phrase, or portion be declared invalid or unconstitutional.
Section 9: Resolution No. 21960 and all amendments thereto are hereby amended as of the date this R esolution becomes operative and any previously established fee or charge not amended herein remain in full force and effect.
S ection 10 : The provisions of this Resolution shall become effective immediately upon adoption.
S ection 11: Any and all future amendments to the Fees and Charges Resolution shall be operative on the date of adoption of such resolution(s) approving the proposed amendments, except as otherwise required by California law.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVE., STE. 250
RIVERSIDE, CA 92501
(951) 826-5567
ADOPTED by the City Council this _________ day of _____________, 2023.
___________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing resolution was duly and regularly adopted at a meeting of the City Council of said City at its meeting held on the _________ day of _____________, 2023, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2023.
_________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
\\Rc-citylaw\cycom\WPDOCS\D012\P036\00752944.DOCX
23-1464 RNG 10/25/23
Current Fee Proposed
CODE FEE DESCRIPTION
(Adopted
06/20/23) (100% Recovery)
3502 Hazardous Materials Usage / Permit I
(Business Emergency Plan) $ 226.75 470 $ 532.00 135% $ 143,467.50 3503 Hazardous Materials Usage / Permit II
(Business Emergency Plan) $ 363.25 279 $ 610.00 68% $ 68,843.25 3504 Hazardous Materials Usage / Permit III
(Business Emergency Plan) $ 635.25 160 $ 727.00 14% $ 14,680.00 3541 Hazardous Materials Usage / Permit IV
(Business Emergency Plan) $ 953.50 39 $ 1,078.00 13% $ 4,855.50 3542 Hazardous Materials Usage / Permit V
(Business Emergency Plan) $ 1,195.00 268 $ 1,195.00 0% $ - 3543 Above Ground Petroleum Storage Act
(APSA) - Tier I $ 136.50 83 $ 649.00 375% $ 42,537.50 3544 Above Ground Petroleum Storage Act
(APSA) - Tier II $ 363.25 22 $ 805.00 122% $ 9,718.50 3545 Above Ground Petroleum Storage Act
(APSA) - Tier III $ 545.00 2 $ 961.00 76% $ 832.00 TOTAL 284,934.25$
RIVERSIDE FIRE DEPARTMENT
2020
Volume
$
Change
Projected
Revenue
Impact