Resolution No. 4000
STATE OF CALIFORNIA ) RESOLUTION NO. 4000
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, ADOPTING A USER FEE SCHEDULE
TO RECOVER THE COST OF SERVICES PROVIDED BY CITY
DEPARTMENTS AND AUTOMATIC ANNUAL COST OF LIVING
FEE INCREASE
WHEREAS, state law authorizes local agencies to collect fees to defray the costs of providing programs and services; and
WHEREAS, the City of San Jacinto provides a variety of services to the general public and other governmental agencies; and
WHEREAS, the City desires to recover direct and indirect management support costs associated with the costs of providing services; and WHEREAS, the City Council previously approved City Council Resolutions and Ordinances that imposed a variety of user fees including, but not limited to planning and building fees, public works fees, and water fees; and
WHEREAS, the City retained Willdan Financial Services to prepare a fee study to evaluate whether the City's user fees were commensurate with the reasonable costs of providing the services and programs for which the fees are imposed ("User Fee Study"); and
WHEREAS, based on the User Fee Study, the City has prepared a new Citywide User Fee Schedule, a copy of which is attached hereto as Exhibit “A” and by this reference incorporated herein ("the new User Fee Schedule"), which increases certain existing user fees and imposes new user fees; and,
WHEREAS, notice of a public hearing before the City Council of the City of San Jacinto concerning the new User Fee Schedule was given in accordance with all applicable State and Local law, including but not limited to Government Code sections 6062a, 66016, 66017 and 66018; and
WHEREAS, on August 15, 2023 the City Council of the City of San Jacinto conducted a duly noticed public hearing concerning the new User Fee Schedule; and WHEREAS, the cost estimates and fee calculations applicable to the new User Fee Schedule were presented to the City Council at the above-referenced public hearing.
At which, members of the public were able to present written and oral comments regarding the fees, and the User Fee Study was available for public inspection and review at least ten (10) days prior to that public hearing; and DocuSign Envelope ID: 7ADC5B4D-2BD0-4124-BC8E-A8D51F921C77 Resolution No. 4000
WHEREAS, The City Council has considered the information and public testimony presented in the public hearing and in the new User Fee Schedule, the User Fee Study, the staff report and any written correspondence relating to this item, all of which are included in the public record and incorporated herein by reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.
SECTION 2. The City Council finds and determines that the fees for service and the billing and overhead rates established by this Resolution do not exceed the estimated reasonable costs of services for which they were imposed and otherwise comply with the provisions of California law and specifically Government Code Sections 66000 et seq.
SECTION 3. The fees for service and the billing and overhead rates are statutory and categorically exempt from the requirements of the California Environmental Quality Act (CEQA). Setting these fees fits within the statutory exemption for City decisions involving rates, tolls, or other charges contained within Public Resources Code Section 21080(b)(8) and section 15273 of the CEQA Guidelines.
SECTION 4. This Resolution shall go into full force and effect immediately, but the individual fees shall become effective as provided by the applicable provisions of State Law.
SECTION 5. The fees set forth in the new User Fee Schedule (Exhibit to this Resolution) shall replace and supersede that fee in the current User Fee Schedule. To the extent this Resolution conflicts any other prior Resolution or Ordinance addressing fees that are included in the new User Fee Schedule, this Resolution shall prevail.
Notwithstanding the foregoing, in the event that any fee established or authorized pursuant to the new User Fee Schedule is declared invalid, the City Council hereby authorizes the City to impose that fee in the amount most recently approved by the City Council through the adoption of the current User Fee Schedule.
SECTION 6. All fees set forth in the new User Fee Schedule (exhibit to this Resolution) shall be increased by the Consumer Price Index ("CPI") on July 1 st of each year. These increases shall be based on the CPI for all Urban Consumers Riverside-San BernardinoOntario, CA area published by the United States Department of Labor, Bureau of Labor Statistics for the Period of December of the previous year through December of the current year; provided however, that no inflationary adjustment may exceed the cost of providing the service for which the fee is imposed. The City Manager shall approve the annual increase in fees administratively and present the increased fees to the City Council as an informational item.
SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid by final judgment of a court of DocuSign Envelope ID: 7ADC5B4D-2BD0-4124-BC8E-A8D51F921C77 Resolution No. 4000
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution and each section, subdivision, sentence, clause, phrase, or portion of this Resolution, irrespective of the fact that one or more provisions may be declared invalid.
SECTION 8. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of August 2023 by the following vote:
AYES: Ayala, Ruiz, Vandever
NAYS: None
ABSENT: None
ABSTAIN: None
City of San Jacinto
___________________
Alonso Ledezma, Mayor
ATTEST:
___ _ ___
Julia Espinoza, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger LLP
___ _____
Craig Hayes, City Attorney
DocuSign Envelope ID: 7ADC5B4D-2BD0-4124-BC8E-A8D51F921C77 Resolution No. 4000
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
I, Julia Espinoza, City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 4000 was passed, approved, and adopted at the Regular Meeting of the San Jacinto City Council held on the 15th day of August 2023.
AYES: Ayala, Ruiz, Vandever
NAYS: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND AND OFFICIAL SEAL this 15th day of August 2023. _____________________________________
Julia Espinoza, City Clerk
City of San Jacinto
DocuSign Envelope ID: 7ADC5B4D-2BD0-4124-BC8E-A8D51F921C77