CC RESOLUTION 5449RESOLUTION NO. 5449
A RESOLUTION AMENDING A REGULATORY FEE TO
RECOVER CITY COSTS INCURRED FOR CERTAIN
REGULATORY PERMITTING PROCESS FOR ONLINE
PERMITTING SYSTEM.
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 Community
Development 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.
SECTION 2. Approval; Master Fee Schedule; Regulations.
RESOLUTION NO. 5449
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A. The City Council approves the regulatory, cost -recovery fee of 3.5% for
development related permits only, 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 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.
PASSED, APPROVED AND ADOPTED this 7th day of November, 2023.
LZ4=�P�
Chri imentel, Mayor Pro Tern
RESOLUTION NO. 5449
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ATTEST:
Tracy Weaveity Clerk
APPROVED AS TO FORM:
MARK D. HENSLEY, CITY ATTORNEY
(-"vz�=�
Joaquin I
uez, Deputy City Attorney
RESOLUTION NO.5449
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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. 5449 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 7t" day of November, 2023, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES: Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member
Giroux, and Council Member Baldino
NOES: None
ABSENT: Mayor Boyles
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this - day of November,
2023. _ 1
Trey Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5449
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EXHIBIT "A"
FEE INFORMATION
RESOLUTION NO. 5449
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CITY OF EL SEGUNDO
REVENUE AND COST SUMMARY WORKSHEET
FY 2023-24
SERVICE REFERENCE NO.
Ell Segundo One Stop Permit Center Permit Surcharge ITEM # 1346
PRIMARY DEPARTMENT UNIT OF SERVICE FERVICE RECIPIENT
COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION Developer/Resident/Business
DESCRIPTION OF SERVICE
Permit Center Surcharge for use of the technology and software as a service requirement for the city to
process, issue and complete permits. Services include but are not limited to building permits, planning
entitlements, special event permits, public works permits, fire permits, code enforcement cases/
payments, and all other departmental permit applications.
CURRENT FEE STRUCTURE
Four percent (4%) of Building Plan Check fees..
REVENUE AND COST COMPARISON
EXISTING REVENUE: $49,165.84 PROJECTED REVENUE: $144,837
UNIT COST: $50,000.00 TOTAL COST: $148,293
UNIT PROFIT (SUBSIDY): $-845.16 TOTAL PROFIT (SUBSIDY): - $3,456
PCT. COST RECOVERY' 98% PCT. COST RECOVERY: 98%
SUGGESTED FEE FOR COST RECOVERY OF: 98%
3.5% OF TOTAL PLAN CHECK AND PERMIT FEES PAID THROUGH ONLINE SOFTWARE.
CITY OF EL SEGUNDO
COST DETAIL WORKSHEET
FY 2023-24
SERVICE
REFERENCE NO.
El Segundo One Stop Permit Center Permit Surcharge
ITEM # 1346
ANNUAL. PROJECTED PERMIT BASED REVENUEICOST FY 2/24
DEPARTMENT
PROJECTED TOTAL REVENUE
COMM. DEVELOPMENT DEPARTMENT
$3,357,000
PUBLIC WORKS DEPARTMENT
$202,600
RECREATION, PARKS, AND LIBRARY DEPARTMENT
$50,000
FIRE DEPARTMENT
$528,600
TOTAL
$4,138,200
ANNUAL PROJECTED PERMIT CENTER COSTS
COST
ANNUAL SUBSCRIPTION (5% INFLATER ANNUALY)
$102,068
PRODUCT CONFIGURATION/UPDATES/ENHANCEMENTS
$36,225
ANNUAL SUPPORT EQUIPMENT
$10,000
TOTAL
$148,293