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CC RESOLUTION 5313RESOLUTION NO. 5313 A RESOLUTION ADOPTING A UNIFIED PROGRAM SINGLE FEE AND ONE-TIME AB 1646 IMPLEMENTATION FEE. The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds and declares as follows: A. Effective January 1, 1994, Senate Bill 1082 created a unified program to administer state hazardous waste statutes and regulations (the "Unified Program"). B. The City was certified as the Certified Unified Program Agency ("CUPA) via the El Segundo Fire Department ("ESFD"), and its CUPA regulatory authority began on July 1, 1997. C. State law requires the governing body of each CUPA to establish a single fee system by which the City may recover its annual costs in administering the Unified Program within the jurisdiction from persons, including businesses (Health & Saf. Code, § 25404.5). D. Effective January 1, 2018, Assembly Bill 1646 ("AB 1646") generally requires refineries to deploy an integrated alert and notification system related to potential emergency incidents at refineries. E. AB 1646 requires each CUPA to adopt a one-time fee allowing for the agency to recover its costs in designing, building, and installing the notification system for refinery emergencies and an ongoing fee as part of the single fee system to cover the CUPA's ongoing operation and maintenance costs for such notification system. F. The City Council seeks to adopt this Resolution to establish the following fees for the City's CUPA: 1 A single fee allowing for the City's recovery of its Unified Program, including ongoing operation and maintenance costs incurred by the City via AB 1646 (herinafter, the "Single Fee"); and Z A one-time fee allowing for the CUPA to recover its costs in designing, building, and installing the notification system for refinery emergencies pursuant to AB 1646 (hereinafter, the "One-time Fee"). G. Pursuant to Government § 66016, the City made data available regarding the cost, or estimated costs related to the Single Fee and HE One -Time Fee 10 days before the public hearing at which the City Council considered adopting the proposed fees. The data is attached to this Resolution as Exhibit "A." H. Pursuant to Government §§ 6062a and 66018, the City published notice of this public hearing on January 20, 2022 and January 27, 2022. On February 15, 2022, the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code § 66016. SECTION 2. Fee Adoption. A. The City Council approves the Single Fee and One -Time Fee in accordance with the data set forth in Exhibit "A" to this Resolution, the agenda report presented with this Resolution, and the information presented to the City Council at its public hearing associated with this Resolution. B. Parties subject to such adopted fees will reimburse the City in any amount in excess the stated fees for the City's actual and reasonable costs incurred in carrying out its pertinent obligations under the Unified Program, AB 1646, and state law, as applicable. The subject party must submit to the City payment of such excess costs within 30 days of the party's receipt of the City's actual reasonable costs, unless such time period is extended by the City Manger or designee. Similarly, the City will reimburse a party subject to the adopted fees for any charge in excess of the City's actual and reasonable costs incurred within a reasonable period following written request by the subject party. C. The Finance Director or designee will include the fees established by this Resolution in the City's Master Fee Schedule. D. Unless otherwise revised, the fees established by this Resolution will be automatically adjusted by the City Manager, or designee, on an annual basis on July 1 of each year by applying the percent change of the Los Angeles Area of Consumer Price Index for All Urban Consumers for the prior 12 month period ending on April 30 to the City's fees. The first fee adjustment cannot be made before a minimum of ten months after the effective date of this Resolution. SECTION 3. Environmental Review. This Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; "CEQA") and CEQA Guidelines (14 Cal. Code Regs. §§ 15000, et seq.) because it establishes, modifies, structures, restructures, and approves rates and -2- charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Resolution, therefore, is categorically exempt from further CEQA review under CEQA Guidelines § 15273. SECTION 4. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 5. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 6. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 7. City Clerk Actions. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. PASSED AND ADOPTED this 15th day of February, 2022. ATTEST: Tracy Weav r City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney rew t3o I"ayor -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, hereby certify that the whole number of members of the City Council of the City is five; that the foregoing Resolution No. 5313 was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 15th day of February, 2022, and the same was so passed and adopted by the following roll call vote: AYES; Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Nicol, and Council Member Giroux NOES: None ABSENT: None ABSTAIN; None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this RA day of February, 2022. *VX om&�) Tr y Weaver, City Clerk of the City of El Segundo, California 1EE EXHIBIT "A" SINGLE FEE AND ONE-TIME FEE DATA -5- CITY OF EL SEGUNDO CUPA SINGLE FEE SYSTEM ELEMENTS REF #: FR-014 TITLE: HAZARDOUS MATERIALS INSP. PROGRAM UNIT TIME ANN. UNITS DESCRIPTION OF SERVICE: NOTESIDATA SOURCES RATES & UNIT TIME DATA AS OF FEBRUARY 2018, USING BUDGETED COSTS, AND TYPE: Range I POSITION PRINCIPAL ENVIRON- SPEC, 3.00 106 Review and inspection of occupancies every three years which SALARIES AND BENEFITS: FEE STUDY UDPATE FOR COES by REVENUE & COST Range II PRINCIPAL ENVIRON. SPEC. 325 61 store hazardous materials to determine compliance with City SPECIALISTS, LLC Range III ENVIRON. SAFETY MANAGER 3.50 53 and State codes and standards. Inspections; consultations; ENVIRON. SAFETY MANAGER $168,95 Range IV ENVIRON. SAFETY MANAGER 3.75 31 document review; submittal information evaluation; State MANAGEMENT ANALYST $136.15 Range V ENVIRON. SAFETY MANAGER 4.25 10 reporting; administrative tasks. PRINCIPAL ENVIRON. SPEC.. $14066 ANN. UNIT DATA AS OF JANUARY 2022, DIGITAL HEALTH DEPARTMENT SOFTWARE (CUPA INSPECTION AND BILLING SOFTWARE) REF #: FR-015 TYPE: TITLE: CHEMICAL ACCIDENT RELEASE PREV FROG POSITION UNIT TIME ANN. UNITS DESCRIPTION OF SERVICE: RATES & UNIT TIME DATA AS OF FEBRUARY 2018, USING BUDGETED COSTS, AND Program 1 ENVIRON. SAFETY MANAGER (PROGRAM 1) 12-50 1 Review of an occupancy's chemical accident release SALARIES AND BENEFITS: FEE STUDY UDPATE FOR COES by REVENUE & COST MANAGEMENT ANALYST (PROGRAM 1) 1500 1 prevention program on an every three year basis to determine SPECIALISTS, LLC PRINCIPAL ENVIRON. SPEC.. (PROGRAM 1) 12.50 1 compliance with City and State codes and standards. ENVIRON. SAFETY MANAGER $168 95 Program 2 ENVIRON SAFETY MANAGER (PROGRAM 2) 1975. 2 Inspections; consultations; document review; submittal MANAGEMENT ANALYST $136,15 MANAGEMENT ANALYST (PROGRAM 2) 23.50 2 information evaluation; Slate reporting; administrative tasks. PRINCIPAL ENVIRON. SPEC. $140.68 PRINCIPAL ENVIRON. SPEC.. (PROGRAM 2) 1975. Program 3 ENVIRON. SAFETY MANAGER (PROGRAM 3) 36.00 1 ANN. UNIT DATA AS OF JANUARY 2022, DIGITAL HEALTH DEPARTMENT SOFTWARE MANAGEMENT ANALYST (PROGRAM 3) 4300 (CUPA INSPECTION AND BILLING SOFTWARE) PRINCIPAL ENVIRON. SPEC. (PROGRAM 3) 36.00 Program 4 ENVIRON- SAFETY MANAGER (PROGRAM 4) 301.50 i MANAGEMENT ANALYST (PROGRAM 4) 362.00 1 PRINCIPAL ENVIRON- SPEC.. (PROGRAM 4) 301.50 1 REF #: FR-016 TYPE: TITLE: HAZARDOUS WASTE GENERATOR PERMIT POSITION UNIT TIME ANN. UNITS DESCRIPTION OF SERVICE: RATES & UNIT TIME DATA AS OF FEBRUARY 2018, USING BUDGETED COSTS, AND VSQG PRINCIPAL ENVIRON. SPEC- 325 67 Review and inspection of hazardous waste generators every SALARIES AND BENEFITS: FEE STUDY UDPATE FOR COES by REVENUE & COST SQG PRINCIPAL ENVIRON. SPEC. 4,00 40 three years within the City to determine compliance with City SPECIALISTS, LLC LOG ENVIRON. SAFETY MANAGER 3.75 6 and State codes and standards. ENVIRON. SAFETY MANAGER $168 95 RCRA LQG ENVIRON.. SAFETY MANAGER 5.00 5 Inspections; consultations; document review; submittal MANAGEMENT ANALYST $136.15 information evaluation; Slate reporting; administrative tasks. PRINCIPAL ENVIRON. SPEC. $140-66 ANN. UNIT DATA AS OF JANUARY 2022. DIGITAL HEALTH DEPARTMENT SOFTWARE (CUPA INSPECTION AND BILLING SOFTWARE) REF 0: FR-017 TITLE: TIERED HAZ WASTE PERMIT PROCESSING TYPE: POSITION UNITTIME Permit By Rule ENVIRON SAFETY MANAGER 967 Cond Auth ENVIRON SAFETY MANAGER 933 Cond Exempt ENVIRON, SAFETY MANAGER 1475 REF 9: FR-018 TITLE: UNDERGROUND TANK PERMIT TYPE: POSITION Annual Permit PRINCIPAL ENVIRON SPEC, Annual Permit Add't PRINCIPAL ENVIRON SPEC Tank ANN. UNITS DESCRIPTION OF SERVICE: RATES & UNIT TIME DATA AS OF FEBRUARY 2018, USING BUDGETED COSTS, AND 0 Review and inspection of tiered permit hazardous waste SALARIES AND BENEFITS: FEE STUDY UDPATE FOR COES by REVENUE & COST 0 generators every three years within the City to determine SPECIALISTS, LLC I compliance with City and State codes and standards ENVIRON SAFETY MANAGER $16895 Inspections; consultations; document review; submittal MANAGEMENT ANALYST $136 15 information evaluation; State reporting; administrative tasks PRINCIPAL ENVIRON SPEC. $140 68 ANN. UNIT DATA AS OF JANUARY 2022, DIGITAL HEALTH DEPARTMENT SOFTWARE (CUPA INSPECTION AND BILLING SOFTWARE) UNIT TIME ANN. UNITS DESCRIPTION OF SERVICE: RATES & UNIT TIME DATA AS OF FEBRUARY 2018, USING BUDGETED COSTS, AND 700 20 Annual review and inspection of the installation and removal of SALARIES AND BENEFITS: FEE STUDY UDPATE FOR COBS by REVENUE & COST 1,00 20 underground storage tanks to determine compliance with City SPECIALISTS, LLC Cis and standards.. ENVIRON SAFETY MANAGER $168 95 Inspections; consultations: document review; submittal MANAGEMENT ANALYST $136 15 information evaluation; State reporting; administrative tasks PRINCIPAL ENVIRON SPEC $140 68 ANN. UNIT DATA AS OF JANUARY 2022, DIGITAL HEALTH DEPARTMENT SOFTWARE (CUPA INSPECTION AND BILLING SOFTWARE) REF #: FR-019 TITLE: ABOVE GROUND LIQUID TANK INSPECTION TYPE: POSITION UNITTIME 0-10K Gallons PRINCIPAL ENVIRON SPEC 575 10K - IM Gal ENVIRON, SAFETY MANAGER 1200 1 M, Gal ENVIRON SAFETY MANAGER 1400 ANN. UNITS DESCRIPTION OF SERVICE: RATES & UNIT TIME DATA AS OF FEBRUARY 2018, USING BUDGETED COSTS, AND 23 Review and inspection of above ground liquid storage tanks to SALARIES AND BENEFITS: FEE STUDY UDPATE FOR COBS by REVENUE & COST 9 determine compliance with City and State codes and SPECIALISTS, LLC I standards ENVIRON- SAFETY MANAGER $168 95 Inspections; consultations; document review; submittal MANAGEMENT ANALYST $136 15 information evaluation; State reporting; administrative tasks PRINCIPAL ENVIRON SPEC $140,66 ANN. UNIT DATA AS OF JANUARY 2022, DIGITAL HEALTH DEPARTMENT SOFTWARE (CUPA INSPECTION AND BILLING SOFTWARE) iTS201UNDO REP #: TITLE: AB11646 ANNUAL ONGOING FEE D91PE' POSITION UNIT TIME ANN. UNITS DESCRIPTION OF SERVILE: RATES & UNIT TIME DATA AS OF FEBRUARY 2018, USING BUDGETED COSTS, AND Refinery ENVIRONMENTAL SAFETY MANAGER 20 1 Conduct ongoing operation and maintenance for an integrated SALARIES AND BENEFITS: FEE STUDY UDPATE FOR DOES by REVENUE & COST EMERGENCY MANAGEMENT COORDINATOR 20 # alerting and notification system. Collect from a petroleum SPECIALISTS, LLC SENIOR MANAGEMENT ANALYST 10 i refinery the an amount to CGVBFthe reasonable and necessary FIRE CHIEF $415,61 MANAGEMENT ANALYST 10 1 costs for the ongoing operation and maintenance, as part of ENVIRONMENTAL SAFETY MANAGER $24849 the single fee system levied on a petroleum refinery, EMERGENCY MANAGEMENT COORDINATOR $184,76 Document review; administrative tasks SENIOR MANAGEMENT ANALYST $168,02 MANAGEMENT ANALYST $162 82 ANN. UNIT DATA AS OF JANUARY 2022, DIGITAL HEALTH DEPARTMENT SOFTWARE (CUPA INSPECTION AND BILLING SOFTWARE) Includes Software and Technical Support: Pays for an integrated mass notification system which messages by text, Software & Technical Support: $131,479.00 phone, email, and the Integrated Public Alert and Warning System Includes 24f7 Notification Center: El Segundo require a place that is staffed 24171365 where first responders can call and 24/7 Notification Center: $200,000.00 have the center initiate alerts and warnings This cost includes personnel, training, exercise,facifty costs, and equipment Includes Exercise & Training- All responders and the refinery will need to [rain to and exercise crisis communications plans This will cover training costs and exercises development Excercise & Training: $30,000.00 TITLE: PROGRAM 4 EMERGENCY RESPONSE PLAN REP 0: REGULATIONS FOR REFINERY EMERGENCY PLANNING, RESPONSE AND NOTIFICATION TYPE: POSITION TIME ANN. UNITS DESCRIPTION OF SERVICE: RATES & UNIT TIME DATA AS OF FEBRUARY 2018, USING BUDGETED COSTS, AND 'k.11nery ENVIRONMENTAL SAFETY MANAGER _UNIT 335 1 Oversight (review and evaluation) of the development, SALARIES AND BENEFITS: FEE STUDY UDPATE FOR COES by REVENUE & COST MANAGEMENT ANALYST 51 1 implementation and ongoing operation and maintenance of an SPECIALISTS, LLC emergency preparedness program and response plan ENVIRONMENTAL SAFETY MANAGER $248 49 Meetings; websfte and communications evaluations; document MANAGEMENT ANALYST $162 82 review: audits ANN. UNIT DATA AS OF JANUARY 2022, DIGITAL HEALTH DEPARTMENT SOFTWARE (CUPA INSPECTION AND BILLING SOFTWARE) i17SEGUNDO rwe u­ CITY OF EL SEGUNDO AB 1646 IMPLEMENTATION FEE: ONE-TIME REF #: TITLE: AB1646 IMPLEMENTATION FEE TYPE: POSITION UNIT TIME ANN. UNITS Refinery FIRE CHIEF 16 1 ENVIRONMENTAL SAFETY MANAGER 40 1 EMERGENCY MANAGEMENT COORDINATOR 160 1 SENIOR MANAGEMENT ANALYST 5 1 MANAGEMENT ANALYST 12 1 NOTES/DATA SOURCES DESCRIPTION OF SERVICE: RATES AS OF JUNE 2021, USING BUDGETED COSTS, AND SALARIES Develop an integrated alerting and notification AND BENEFITS AT MOST CURRENT FULLY ALLOCATED RATES system. Collect from a petroleum refinery an (COES FULLY ALLOCATED HOURLY RATE POSITION DETAIL FY 2019- amount to cover the reasonable and necessary 2020); UNIT TIME DATA AS OF JANUARY 2022 INTERNAL AUDIT costs for the design, building, and installation of the FIRE CHIEF $415.61 notification system, and a fee, as part of the single ENVIRONMENTAL SAFETY MANAGER $248.49 fee system levied on a petroleum refinery, EMERGENCY MANAGEMENT COORDINATOR $184.76 Meetings; document review; Crisis Communications SENIOR MANAGEMENT ANALYST $168 02 Committee participation; administrative tasks. MANAGEMENT ANALYST $162,82 ANN. UNIT DATA AS OF JANUARY 2022, DIGITAL HEALTH Includes Crisis Communication Plan purchase DEPARTMENT SOFTWARE (CUPA INSPECTION AND BILLING SOFTWARE) Crisis Communication Plan: $24,400.00