HomeMy WebLinkAbout011-91 RESOLUTION NO. 11-91
APPROVING AMENDMENT OF THE FEE SCHEDULE
WHEREAS, the state of California has adopted an Assembly Bill (AB 3158) which
authorizes Contra Costa County to collect fees for the State of California Department of
Fish and Game review of Notice of Determinations required by CEQA;
WHEREAS, it is the intent of the Town of Danville to transfer the cost of filing the
Notice of Determination directly to the project applicant;
WHEREAS, it is reasonable for the Town to recover all costs associated with
compliance with AB 3185 including administrative costs to transfer funds to the County;
WHEREAS, this Resolution shall apply to the filing of all Notices of Determination
by the Town of Danville after January 1, 1991;
RESOLVED, by the Town Council of the Town of Danville that the Town Council
hereby finds that the fee schedule is amended to include Planning fees for the filing of a
Notice of Determination for Negative Declarations ($1300.00) and Environmental Impact
Reports ($900.00) as required to implement of AB 3158; and be it
APPROVED by the Danville Town Council as a Regular Meeting on January 2, 1991, the
following vote:
AYES: GREENBERG, LANE,
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
RITCHEY, SCHLENDORF, SHIMANSKY
MAYOR
ATTEST:
CITY CLERK )
APPROVED AS TO FORM:
CI ~A~TTORNE~'~
agpz3
State ~of California
M'emorandum-
To
'~Lead Agencies and Interested Parties
{. ~ .
r~om
: Department of Fish and Game
I
Subject: AB 3158,
Environmental Review -Fees,
J
.Date
i ·
' Dec'ember~ S, i990,j
DRAFT
.' -~. ;..
Implementation
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Enclosed with this memorandum are informational materials,intended
to help you understand the purpose, policy and procedures
associated with AB 3158. We recognizethat with any new program,
and especially those that involve new fees, there is a periodof ~
adjustment and tmderstanding needed to get the program running
smoothly.
t
We hope this material answers all of your:questionsi'If you have
questions regarding policy, pleaee_callhMr~_Dick~Danie1, Acting
Chief, Environmental Services Division at (916) 322-5989. If your
questions relate to collection and remittance of fees,.please call
Mr. John Blakely of our Compliance and External Audits Branch at
(916) 739-4695. If your question is of a legal nature, please
call Mr. Hal Thomas, Assistant Legal Advisor at (916) 327-4483.
We intend to do all we can to implement tJ~is program in the most
timely and equitable manner possible~.~ ~f ~ou need help or can
offer help, please call.
M~. hael.:D; McColl~
C~ief Deputy Director
Enclosures
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lead agency,. nofee w$1~~' regu.:i~edJ ~-.q~he<b~6Ject applicant Is
responsible for paMment;:~n some cases the applicant and the lead
agency are one and the same. The fee must be paid to the same~i
entity receiving the NOtice Df Determination. Xn the case of %
state agencies, this iS ~e'State Clearinghouse. Local lead ,!
agencies are required by"CEQ~ ~o;'flle': Notices df Determination'~
with their county 'clerk.~'-~gen-cies which are filing functionally
equivalent documents under the .certified regulatory program of!l~'
CEQA, will continue to' file.Notices..of Determination with the '!!
Secretary for Resources, 4but will-remit their fees directly to/ithe
Department of Fish and Game. !
,i
Was the DepArtment of 'Fish &rid' G'ame-'si'ngled out,end given special
tree.sent in order to suppo~c~ their enviromaental review progriam
wit~ this fee? ,:: '-' ' ~ : '- '-: ...';_::' '_'.:.; ..... '~
i~'
Yes. The Legislature, with the Governor concurring and signing,
-determined that, because the Department of Fish and Game is the
designated trustee agency, it was no longer appropriate for the
sport angler or hunter nor the =ommercial fishers to pay for the
review of development projects which.could impact fish and !'~
wildlife. ~.-i: .." i'!'
Just what is the Department of Fish 'and Game going to do with the
funds generated by these fees? ...... ............ I}~
First priority is restoration of those positions in:~ur .. '-.' '~
Environmental Services function which were lost due to budget ii~
short falls. Secondly, 46 percent of the field biologist .~
positions lost Tto lack of funding will 'be rest.red. Cost analysis
indicates that nearly half of the total effort expended by the
Department of Fish and Game field biologists~ is spent on
environmental review and, most /mportantly, on the collection of
biological data critical to that review. ,.
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What if the revenue gen~rat. ed by these fees exceeds the amount ;:
needed to restore lost l~OSltions?
A. The Department of Fish and Gameis Cow~itted to'improve and expand
the services it provides via the environmental review process.;~
Subjectto the budgetary process, we will use additional funds'!
that may be generated by AB 3158 to expand our ability to provide
early consultation and more timely project review. !i:
Q. How can local agencies offset costs to'collect and process these
fees?
A. AB 3158 provides for a$25 processing fee.
Q. What if the fee is not paid?
A.
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AB 3158 states "The project is not operative, vested, or final~
until the fee has been paid. ,i
DRAFT
Lead Agency
Final Determination of Exemption
from AB 3158 Environmental Review Fee
Project Title:
Count'
I hereby certify that the above named project was initially determined to be
exempt, has not been modified relative to fish and wildlife resources, and can
not result in an impact on, or change to, these resources.
Signed: Date:
Title:
Lead Agency:
This form must be signed and attached to the Notice of Determination (NOD), for any project
the Lead Agency has determined is exempt from the AB 3158 Environmental Review Fee.
Please af~x the official seal of the Lead Agency below