Loading...
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 PAGE 1 of 5 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 PAGE 2 of 5 ATTEST: Tracy Weaveity Clerk APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY (-"vz�=� Joaquin I uez, Deputy City Attorney RESOLUTION NO.5449 PAGE 3 of 5 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 PAGE 4 of 5 EXHIBIT "A" FEE INFORMATION RESOLUTION NO. 5449 PAGE 5 of 5 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