CC RESOLUTION 5479CITY OF EL SEGUNDO
RESOLUTION NO. 5479
A RESOLUTION AMENDING A REGULATORY FEE TO RECOVER CITY
COSTS INCURRED FOR CERTAIN REGULATORY PERMITTING
PROCESS FOR OUTDOOR DINING APPLICATION AND ANNUAL
RENEWAL 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. 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 recover 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. Pursuant to Government Code § 66016, the City made data available regarding the cost, or
estimated cost, of providing certain municipal services for the proposed.
D. On May 07, 2024, the City Council heard public testimony and considered evidence in a
public hearing held and noticed in accordance with Government Code §§ 66016 and 66018.
E. 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.
A. The City Council approves the regulatory, cost -recovery fee 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.
RESOLUTION NO. 5479
Page 1 of 6
CITY OF EL SEGUNDO
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
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 7t" day of May, 2024.
Drew boyl „ Mayor
ATTEST:
Tracy Weaver, CWy Clerk
APPROVE,- -S TO FORM:
Mark D. Hensl'ey, CiTy Attorney
RESOLUTION NO. 5479
Page 2 of 6
CITY OF EL SEGUNDO
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. 5479
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 7t" day
of May 2024, and the same was so passed and adopted by the following vote:
AYES: Mayor Pro Tern Pimentel, Council Member Giroux and Council Member Baldino
NOES: None
ABSENT: None
ABSTAIN:. Mayor Boyles and Council Member Pirsztuk
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of May, 2024,
Cu"&q�w. . ........
T cY , WeaverCityClerk
of the City of El Segundo,
California
RESOLUTION NO. 5479
Page 3 of 6
CITY OF EL SEGUNDO
EXHIBIT "A"
FEE INFORMATION
RESOLUTION NO. 5479
Page 4 of 6
CITY OF EL SEGUNDO
REVENUE AND COST SUMMARY
WORKSHEET FY 2024-25
SERVICE
El Segundo Outdoor Dining Application and Annual Renewal Fee
PRIMARY DEPARTMENT UNIT OF SERVICE
APPLICATION/RENEWAL
REFERENCE NO.
ITEM #
SERVICE RECIPIENT
Developer/Resident/Business
DESCRIPTION OF SERVICE
Establishment of an outdoor dining application and annual renewal fee.
FEE STRUCTURE
Outdoor Dining Application
Department
Proiected Total Cost.
PUBLIC WORKS DEPARTMENT
$2,904.62
COMMUNITY DEVELOPMENT DEPARTMENT
$578.91
CITY MANAGER
$131.86
FIRE DEPARTMENT
19-1-1
Total: $3,796.73
Annual Renewal
132gartment
Proiected Total C .
PUBLIC WORKS DEPARTMENT
$628.88
COMMUNITY DEVELOPMENT DEPARTMENT
$397.37
Total: $1,026.25
SUGGESTED FEE FOR COST RECOVERY OF: 100%
Outdoor Dining Application: $3,796.73
Annual Outdoor Dining Renewal: $1,026.25
RESOLUTION NO. 5479
Page 5 of 6
CITY OF EL SEGUNDO
COST DETAIL WORKSHEET
FY 2024-25
SERVICE REFERENCE NO.
El Segundo Outdoor Dining Application and Annual Renewal Fee ITEM #
FEE STRUCTURE
Outdoor Dining Application
Department
Position
Hours
Fully Burdened Cost
Total
Public Works
Administrative Specialist
1
$104.21
$104.21
Public Works
Senior Associate Engineers
8
$228.3
$1,826A0
Public Works
Senior Associate Engineers
3
$228.3
$684.90
Public Works
City Engineer
0.5
$314.44
$157.22
Public Works
Public Works Director
0.5
$263.77
$131.89
Building & Safety
Senior Building Inspector
1
$194.15
$194.15
Building & Safety
Plan Checker
1
$181.54
$181.54
Planning
Assistant Planner
1
$203.22
$203.22
City Manager
Deputy City Manager
0.5
$263.73
$131.87
Fire
Fire Marshal
0.5
$204.69
$102.35
Fire
Inspector
0.5
$157.98
$78.99
Total
$3,796.73
Annual Renewal
Cie a� ,rtm�ent
Position
Hours
Fully Burdened Cold
Total,
Building and Safety
Senior Building Inspector
1
$194.15
$194.15
Planning
Assistant Planner
1
$203.22
$203.22
Public Works
City Engineer
2
$314,44
$628.88
Total
$1,026.25
RESOLUTION NO. 5479
Page 6 of 6