RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIVERSIDE, CALIFORNIA, AMENDING THE CITY’S MASTER FEES AND CHARGES SCHEDULE AS SET FORTH IN RESOLUTION NO. 21960, AS AMENDED, (1) ADJUSTING FEES FOR CERTAIN CITY SERVICES, REGULATORY LICENSES, SPECIAL PERMITS, AND USER ACTIVITIES; (2) AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE MASTER FEES AND CHARGES SCHEDULE CONSISTENT WITH SUCH APPROVALS; (3) ADOPTING THE REVISED ELECTRIC FEES AND CHARGES SCHEDULE (APPENDIX A), ELECTRIC RULE 4, ELECTRIC RULE 7, ELECTRIC RULE 11, ELECTRIC RULE 22, WATER FEES AND CHARGES SCHEDULE (APPENDIX A), WATER RULE 4, WATER RULE 7, WATER RULE 8, WATER RULE 10, WATER RULE 11, WATER RULE 14, WATER RULE 16, WATER SCHEDULE WA-5; AND (4) MAKING RELATED FINDINGS OF FACT.
WHEREAS, the 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 thereby 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 adoption of a schedule of fees and charges to be paid by those requesting 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 adjusted fees will allow the City to recover the reasonable costs incurred by the City in providing services; and WHEREAS, on June 20, 2023, the City amended Resolution No. 21960, its Master Fees and Charges Resolution, thereby approving and authorizing the Finance Director to update and maintain the City’s Master Fees and Charges Schedule and to amend the Master Fees and Charges Schedule; and WHEREAS, the City’s Master Fees and Charges Schedule for FY 2024/2025 is based upon a study analyzing the City’s services, the costs reasonably borne for providing the services, the beneficiaries of those services, and the amount of costs covered by those paying fees and charges for special services; and WHEREAS, during the study, certain new cost recovery fees were identified for inclusion in the City’s Master Fees and Charges Schedule and certain existing fees have been adjusted as described in Exhibit “A”, attached hereto and incorporated herein; and WHEREAS, the City Council held a duly noticed public hearing on June 25, 2024, and considered all oral and written evidence presented regarding the revisions 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, City Charter sections 1202(b) and (e) requires the Board of Public Utilities to establish and adopt the rates, rules, fees and charges for the Electric and Water Utility, subject to the approval of the City Council, and each such section of the Charter provides an independent basis for such action; and WHEREAS, on June 10, 2024, the Board of Public Utilities adopted, pursuant to Section 1202(b) and (e) of the City Charter, with each such section of the Charter providing an independent basis for such action, Board Resolution 2024-2 adopting and establishing revised Electric Fees and Charges Schedule (Appendix A), Electric Rule 4, Electric Rule 7, Electric Rule 11, Electric Rule 22, Water Fees and Charges Schedule (Appendix A), Water Rule 4, Water Rule 7, Water Rule 8, Water Rule 10, Water Rule 11, Water Rule 14, Water Rule 16 and Water Schedule WA-5, and directed that such revisions be submitted to the City Council for approval; and WHEREAS, the proposed fee revisions set forth in Board Resolution 2024-2 are not referenced in Chapter 3.30 of the Riverside Municipal Code and are not subject to the procedures set forth therein; and WHEREAS, all of the proposed fee revisions fall within the stated exceptions to the definition of “tax” established by Proposition 26, because the fees and charges are imposed for a specific government service provided directly to the payor that is not provided to those not charged and which does not exceed the reasonable costs to the local government of providing the service 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.
NOW, THEREFORE, BE IT RESOLVED based upon the foregoing facts, the staff report, the cost analyses and other evidence submitted to the City Council at the June 11, 2024 and June 25, 2024 City Council meetings, 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: The findings of fact of the Board of Public Utilities made in its Resolution No. 2024-2, which Resolution is attached hereto as Exhibit “B” and incorporated herein in its entirety by this reference, are hereby adopted as findings of the City Council.
Section 3: The revised Electric Fees and Charges Schedule (Appendix A), Electric Rule 4, Electric Rule 7, Electric Rule 11, Electric Rule 22, Water Fees and Charges Schedule (Appendix A), Water Rule 4, Water Rule 7, Water Rule 8, Water Rule 10, Water Rule 11, Water Rule 14, Water Rule 16 and Water Schedule WA-5 are hereby approved under and pursuant to Section 1202(b) and (e) of the Charter of the City of Riverside, California, with each such section of the Charter providing an independent basis for such action, and shall become effective sixty (60) days from date of approval by City Council.
Section 4: That the Public Utilities Department is directed to prepare and file the Notice of Exemption and such other documents as are required by the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) in connection with the revised Electric and Water Fees and Charges Schedules.
Section 5: The City Council hereby determines that the specific fees to be charged for services, 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.
Section 6: Resolution No. 21960 and all applicable amendments thereto are hereby amended to include the new fees as shown in Exhibit “A” and Exhibit “B” herein.
Section 7: This Resolution, together with any other resolution amending Resolution No. 21960 and the accompanying Master Fees and Charges Schedule, shall collectively be known 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 8: All fees set by this Resolution are for each identified process or service; additional fees shall be required for each additional process or service that is requested or required.
Section 9: The fees and charges revisions set forth in Exhibit “A” and Exhibit “B” 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 10: The Finance Director 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.
Section 11: If any portion of this Resolution 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 Resolution 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 12: The provisions of this resolution pertaining to the following fees shall become effective thirty (30) days from date of approval by City Council:
2309 Convenience Fees
3546 Final As-Build (Revision) Plan Check
3547 Fire Protection Plan (FPP) Review
3548 Hazardous Material Analysis Report
3549 High Pile
3550 Defensible Space Review / Inspection
3551 Performance Based Review
3552 Alternative Means and Method Review
3553 Rocket Launch
3554 Burn Permit
3555 Blasting Permit
3556 Fire Alarm Control Panel / Communicator (Charge Out Only) Section 13: Other than as stated herein, Resolution No. 21960 and all amendments thereto are hereby amended as of the date this Resolution becomes operative and effective, which is the date of City Council approval, and any previously established fee or charge not amended herein remain in full force and effect.
Section 14: The provisions of this Resolution shall become effective immediately upon adoption.
Section 15: Any and all future amendments to the Fees and Charges Resolution shall be operative and effective on the date of adoption of such resolution(s) approving the proposed amendments, except as otherwise required by California law.
ADOPTED by the City Council this _________ day of _____________, 2024. ___________________________
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 _____________, 2024, 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 ______________, 2024. _________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
24-1040 06/12/24
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2 City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567 City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567 City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567City Attorney’s Office3750 University Ave., STE. 250Riverside, CA 92501(951) 826-5567 City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office
3750 University Ave., STE. 250
Riverside, CA 92501
(951) 826-5567
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