CC RESOLUTION 5371RESOLUTION NO. 5371
A RESOLUTION AMENDING A REGULATORY FEE TO
RECOVER CITY COSTS INCURRED FOR CERTAIN
REGULATORY EL SEGUNDO FIRE DEPARTMENT
REPONSES.
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. California Constitution article XIIIC, § 1(e)(3) exempts from the definition of a
"tax," municipal fees imposed to recover the City's regulatory activities costs
that is party of a regulatory program. California Farm Bureau Federation v.
State Water Resources Control Board (2011) 51 CalAth 421, 438. Here, the
City Council has adopted an ordinance establishing a regulatory, false fire
alarm program that enables the City's imposition of a cost -recovery fee via
resolution, pursuant to El Segundo Municipal Code ("ESMC") § 13-22-5. This
fee allows the City to recovery its costs incurred by the El Segundo Fire
Department as part of such regulatory program.
B. The City Council may establish fees for services under various provisions of
California law including, without limitation, Business & Professions Code §
16000; Government Code §§ 54344, 65104, 65909.5, 65943, 66013, 66014,
66451.2; and Health & Safety Code §§ 17951, 17980.1, and 19852.
C. The City Council seeks to modify a previously adopted regulatory, cost
recovery fee through this Resolution, and such fee was included in the "Cost
of Services Study" by Revenue & Cost Specialists (May 2022).
D. Pursuant to Government Code § 66016, the City made data available
regarding the cost, or estimated cost, of providing certain municipal services
for the proposed.
E. On October 18, 2022, the City Council heard public testimony and considered
evidence in a public hearing held and noticed in accordance with Government
Code §§ 66016 and 66018.
F. After careful consideration, including a review of the documentary and
testimonial evidence submitted during the public hearing, the City Council
finds that the user fees adopted by this Resolution are in the public interest to
recover the City's costs for certain municipal services.
RESOLUTION NO. 5371
PAGE 1 of 5
SECTION 2. Approval; Master Fee Schedule; Regulations.
A. The City Council approves the regulatory, cost -recovery fee of $520 per hour,
pursuant to ESMC § 13-22-5, based upon the cost information set forth in Exhibit
"A," which is attached and incorporated by reference.
B. Unless otherwise revised, the fees established by this Resolution will be
automatically adjusted by the City Manager 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.
C. The City Manager, or designee, may establish policies and procedures as
necessary to carry out this Resolution's provisions.
SECTION 3. Environmental Review. Pursuant to the California Environmental
Quality Act ("CEQA") and the CEQA Guidelines, the actions proposed in this Resolution
are not subject to further review under the California Environmental Quality Act (Public
Resources Code §§ 21000, et seq.; "CEQA") for the following reasons: (1) they will not
result in a direct or reasonably foreseeable indirect physical change in the environment
(14 Cal. Code Regs. § 15060(c)(2)); and (2) there is no possibility that the actions may
have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)).
SECTION 4., Severability. If any part of this Resolution or its application is
deemed invalid by a court of competent jurisdiction, the City Council intends that such
invalidity will not affect the effectiveness of the remaining provisions or applications and,
to this end, the provisions of this Resolution are severable.
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 upon adoption the
effective date of Ordinance No. 1640 and will remain effective unless repealed or
superseded.
SECTION 7. City Clerk Direction. 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.
RESOLUTION NO. 5371
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PASSED, APPROVED AND ADOPTED RESOLUTION NO. 5371 this 181" day of
October, 2022.
Drew '°oyles, Mayor
ATTEST:
Tracy WWea r, City Clerk
APPROV D AS TO FOR.
Mark D. Hensley, City Attorney
RESOLUTION NO. 5371
PAGE 3OF5
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, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5371 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 18t" day of October, 2022, approved and signed by the Mayor,
and attested to by the City Clerk, by the following 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 day of October,
2022.
bwwl�)W,'�o
cy Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5371
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EXHIBIT "A"
FEE INFORMATION
RESOLUTION NO. 5371
PAGE 5 of 5
CITY OF EL SEGUNDO
COST DETAIL WORKSHEET
FY 2021-22
SERVICE
REFERENCE NO.
FIRE FALSE ALARM RESPONSE
FR-040
NOTE
TOTAL UNITS
Unit Costs are an Average of Total Units
102
DER A TN41'ENT POSITION TYPE
UNIT TIME
UNIT COST ANN. UNITS TOTAL COST
FIRE SUPPRESSION FIRE CAPTAIN
0.51
$109.38 102
$11,157
FIRE SUPPRESSION FIRE ENGINEER
0.51
$87.58 102
$8,933
FIRE SUPPRESSION FIRE FIGHTER
0.49
$62.74 102
$6,399
TYPE SUBTOTAL
1.51
$259.70
$26,489'
TOTALS 1.51 $259.70 $26,489
May 24, 2022